S. 1177 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and fifteen 

An Act 

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

that every child achieves. 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Every Student Succeeds Act’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Transition. 

Sec. 5. Effective dates. 

Sec. 6. Table of contents of the Elementary and Secondary Education Act of 1965. 

TITLE I—IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL 

EDUCATIONAL AGENCIES 

PART A—IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL EDUCATIONAL

AGENCIES

Sec. 1000. Redesignations. 

Sec. 1001. Statement of purpose. 

Sec. 1002. Authorization of appropriations. 

Sec. 1003. School improvement. 

Sec. 1004. Direct student services. 

Sec. 1005. State plans. 

Sec. 1006. Local educational agency plans. 

Sec. 1007. Eligible school attendance areas. 

Sec. 1008. Schoolwide programs. 

Sec. 1009. Targeted assistance schools. 

Sec. 1010. Parent and family engagement. 

Sec. 1011. Participation of children enrolled in private schools. 

Sec. 1012. Supplement, not supplant. 

Sec. 1013. Coordination requirements. 

Sec. 1014. Grants for the outlying areas and the Secretary of the Interior. 

Sec. 1015. Allocations to States. 

Sec. 1016. Adequacy of funding rule. 

Sec. 1017. Education finance incentive grant program. 

PART B—STATE ASSESSMENT GRANTS

Sec. 1201. State assessment grants. 

PART C—EDUCATION OF MIGRATORY CHILDREN

Sec. 1301. Education of migratory children. 

PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH

WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

Sec. 1401. Prevention and intervention programs for children and youth who are 

neglected, delinquent, or at-risk. 

PART E—FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

Sec. 1501. Flexibility for equitable per-pupil funding. 
S. 1177—2 

PART F—GENERAL PROVISIONS

Sec. 1601. General provisions. 

TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY 

TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS 

Sec. 2001. General provisions. 

Sec. 2002. Preparing, training, and recruiting high-quality teachers, principals, or 

other school leaders. 

TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND 

IMMIGRANT STUDENTS 

Sec. 3001. Redesignation of certain provisions. 

Sec. 3002. Authorization of appropriations. 

Sec. 3003. English language acquisition, language enhancement, and academic 

achievement. 

Sec. 3004. General provisions. 

TITLE IV—21ST CENTURY SCHOOLS 

Sec. 4001. Redesignations and transfers. 

Sec. 4002. General provisions. 

PART A—STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS

Sec. 4101. Student support and academic enrichment grants. 

PART B—21ST CENTURY COMMUNITY LEARNING CENTERS

Sec. 4201. 21st century community learning centers. 

PART C—EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS

Sec. 4301. Charter schools. 

PART D—MAGNET SCHOOLS ASSISTANCE

Sec. 4401. Magnet schools assistance. 

PART E—FAMILY ENGAGEMENT IN EDUCATION PROGRAMS

Sec. 4501. Family Engagement in Education Programs. 

PART F—NATIONAL ACTIVITIES

Sec. 4601. National activities. 

TITLE V—STATE INNOVATION AND LOCAL FLEXIBILITY 

Sec. 5001. General provisions. 

Sec. 5002. Funding Transferability for State and Local Educational Agencies. 

Sec. 5003. Rural education initiative. 

Sec. 5004. General provisions. 

Sec. 5005. Review relating to rural local educational agencies. 

TITLE VI—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION 

Sec. 6001. Conforming amendments. 

Sec. 6002. Indian education. 

Sec. 6003. Native Hawaiian education. 

Sec. 6004. Alaska Native education. 

Sec. 6005. Report on Native American language medium education. 

Sec. 6006. Report on responses to Indian student suicides. 

TITLE VII—IMPACT AID 

Sec. 7001. General provisions. 

Sec. 7002. Purpose. 

Sec. 7003. Payments relating to federal acquisition of real property. 

Sec. 7004. Payments for eligible federally connected children. 

Sec. 7005. Policies and procedures relating to children residing on Indian lands. 

Sec. 7006. Application for payments under sections 7002 and 7003. 

Sec. 7007. Construction. 

Sec. 7008. Facilities. 

Sec. 7009. State consideration of payments in providing state aid. 

Sec. 7010. Federal administration. 

Sec. 7011. Administrative hearings and judicial review. 

Sec. 7012. Definitions. 

Sec. 7013. Authorization of appropriations. 
S. 1177—3 

TITLE VIII—GENERAL PROVISIONS 

Sec. 8001. General provisions. 

Sec. 8002. Definitions. 

Sec. 8003. Applicability of title. 

Sec. 8004. Applicability to Bureau of Indian Education operated schools. 

Sec. 8005. Consolidation of State administrative funds for elementary and secondary education programs. 

Sec. 8006. Consolidation of funds for local administration. 

Sec. 8007. Consolidated set-aside for Department of the Interior funds. 

Sec. 8008. Department staff. 

Sec. 8009. Optional consolidated State plans or applications. 

Sec. 8010. General applicability of State educational agency assurances. 

Sec. 8011. Rural consolidated plan. 

Sec. 8012. Other general assurances. 

Sec. 8013. Waivers of statutory and regulatory requirements. 

Sec. 8014. Approval and disapproval of State plans and local applications. 

Sec. 8015. Participation by private school children and teachers. 

Sec. 8016. Standards for by-pass. 

Sec. 8017. Complaint process for participation of private school children. 

Sec. 8018. By-pass determination process. 

Sec. 8019. Maintenance of effort. 

Sec. 8020. Prohibition regarding state aid. 

Sec. 8021. School prayer. 

Sec. 8022. Prohibited uses of funds. 

Sec. 8023. Prohibitions. 

Sec. 8024. Prohibitions on Federal Government and use of Federal funds. 

Sec. 8025. Armed forces recruiter access to students and student recruiting information. 

Sec. 8026. Prohibition on federally sponsored testing. 

Sec. 8027. Limitations on national testing or certification for teachers, principals, 

or other school leaders. 

Sec. 8028. Prohibition on requiring State participation. 

Sec. 8029. Civil rights. 

Sec. 8030. Consultation with Indian tribes and tribal organizations. 

Sec. 8031. Outreach and technical assistance for rural local educational agencies. 

Sec. 8032. Consultation with the Governor. 

Sec. 8033. Local governance. 

Sec. 8034. Rule of construction regarding travel to and from school. 

Sec. 8035. Limitations on school-based health centers. 

Sec. 8036. State control over standards. 

Sec. 8037. Sense of Congress on protecting student privacy. 

Sec. 8038. Prohibition on aiding and abetting sexual abuse. 

Sec. 8039. Sense of Congress on restoration of state sovereignty over public education. 

Sec. 8040. Privacy. 

Sec. 8041. Analysis and periodic review; sense of Congress; technical assistance. 

Sec. 8042. Evaluations. 

TITLE IX—EDUCATION FOR THE HOMELESS AND OTHER LAWS 

PART A—HOMELESS CHILDREN AND YOUTHS

Sec. 9101. Statement of policy. 

Sec. 9102. Grants for State and local activities. 

Sec. 9103. Local educational agency subgrants. 

Sec. 9104. Secretarial responsibilities. 

Sec. 9105. Definitions. 

Sec. 9106. Authorization of appropriations. 

Sec. 9107. Effective date. 

PART B—MISCELLANEOUS; OTHER LAWS

Sec. 9201. Findings and sense of Congress on sexual misconduct. 

Sec. 9202. Sense of Congress on First Amendment rights. 

Sec. 9203. Preventing improper use of taxpayer funds. 

Sec. 9204. Accountability to taxpayers through monitoring and oversight. 

Sec. 9205. Report on Department actions to address Office of Inspector General reports. 

Sec. 9206. Posthumous pardon. 

Sec. 9207. Education Flexibility Partnership Act of 1999 reauthorization. 

Sec. 9208. Report on the reduction of the number and percentage of students who 

drop out of school. 

Sec. 9209. Report on subgroup sample size. 
S. 1177—4 

Sec. 9210. Report on student home access to digital learning resources. 

Sec. 9211. Study on the title I formula. 

Sec. 9212. Preschool development grants. 

Sec. 9213. Review of Federal early childhood education programs. 

Sec. 9214. Use of the term ‘‘highly qualified’’ in other laws. 

Sec. 9215. Additional conforming amendments to other laws. 

SEC. 3. REFERENCES. 

Except as otherwise expressly provided, whenever in this Act 

an amendment or repeal is expressed in terms of an amendment 

to, or repeal of, a section or other provision, the reference shall 

be considered to be made to a section or other provision of the 

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

et seq.). 

SEC. 4. TRANSITION. 

(a) FUNDING AUTHORITY.— (1) MULTI-YEAR AWARDS.— (A) PROGRAMS NO LONGER AUTHORIZED.—Except as 

otherwise provided in this Act or the amendments made 

by this Act, the recipient of a multiyear award under 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6301 et seq.), as in effect on the day before the 

date of enactment of this Act, under a program that is 

not authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended 

by this Act, and— 

(i) that is not substantively similar to a program 

authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended 

by this Act, shall continue to receive funds in accordance with the terms of such prior award, except that 

no additional funds for such program may be awarded 

after September 30, 2016; and 

(ii) that is substantively similar to a program 

authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended 

by this Act, shall continue to receive funds in accordance with the terms of such prior award. 

(B) AUTHORIZED PROGRAMS.—Except as otherwise provided in this Act, or the amendments made by this Act, 

the recipient of a multiyear award under a program that 

was authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as in effect 

on the day before the date of enactment of this Act, and 

that is authorized under such Act (20 U.S.C. 6301 et seq.), 

as amended by this Act, shall continue to receive funds 

in accordance with the terms of such prior award. 

(2) PLANNING AND TRANSITION.—Notwithstanding any other 

provision of law, a recipient of funds under a program described 

in paragraph (1)(A)(ii) or (1)(B) may use funds awarded to 

the recipient under such program, to carry out necessary and 

reasonable planning and transition activities in order to ensure 

the recipient’s compliance with the amendments to such program made by this Act. 

(b) ORDERLY TRANSITION.—Subject to subsection (a)(1)(A)(i), the 

Secretary shall take such steps as are necessary to provide for 

the orderly transition to, and implementation of, programs authorized under the Elementary and Secondary Education Act of 1965 
S. 1177—5 

(20 U.S.C. 6301 et. seq.), as amended by this Act, from programs 

authorized under the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6301 et seq.), as in effect on the day before 

the date of enactment of this Act. 

(c) TERMINATION OF CERTAIN WAIVERS.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

this Act, and subject to section 5(e)(2), a waiver described 

in paragraph (2) shall be null and void and have no legal 

effect on or after August 1, 2016. 

(2) WAIVERS.—A waiver shall be subject to paragraph (1) 

if the waiver was granted by the Secretary of Education to 

a State or consortium of local educational agencies under the 

program first introduced in a letter to chief State school officers 

dated September 23, 2011, and authorized under section 9401 

of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7861), as in effect on the day before the date of enactment of this Act. 

SEC. 5. EFFECTIVE DATES. 

(a) IN GENERAL.—Except as otherwise provided in this Act, 

or an amendment made by this Act, this Act, and the amendments 

made by this Act, shall be effective upon the date of enactment 

of this Act. 

(b) NONCOMPETITIVE PROGRAMS.—With respect to noncompetitive programs under the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6301 et seq) and the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11301 et seq.) under which any funds 

are allotted by the Secretary of Education to recipients on the 

basis of a formula, the amendments made by this Act shall be 

effective beginning on July 1, 2016, except as otherwise provided 

in such amendments. 

(c) COMPETITIVE PROGRAMS.—With respect to programs that 

are conducted by the Secretary of Education on a competitive basis 

(and are not programs described in subsection (b)) under the 

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

et seq.), the amendments made by this Act with respect to appropriations for use under such programs shall be effective beginning 

on October 1, 2016, except as otherwise provided in such amendments. 

(d) IMPACT AID.—With respect to title VII of the Elementary 

and Secondary Education Act of 1965, as amended by this Act, 

the amendments made by this Act shall take effect with respect 

to appropriations for use under such title beginning fiscal year 

2017, except as otherwise provided in such amendments. 

(e) TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION

ACT OF 1965.— 

(1) EFFECTIVE DATES FOR SECTION 1111 OF THE ELEMENTARY

AND SECONDARY EDUCATION ACT OF 1965.—Notwithstanding any 

other provision of this Act, or the amendments made by this 

Act, and subject to paragraph (2) of this subsection— 

(A) section 1111(b)(2) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6311(b)(2)), as in effect 

on the day before the date of enactment of this Act, shall 

be effective through the close of August 1, 2016; 

(B) subsections (c) and (d) of section 1111 of the 

Elementary and Secondary Education Act of 1965 (20 
S. 1177—6 

U.S.C. 6311), as amended by this Act, shall take effect 

beginning with school year 2017–2018; and 

(C) section 1111(b)(2) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6311(b)(2)), as amended 

by this Act, and any other provision of section 1111 of 

such Act (20 U.S.C. 6311), as amended by this Act, which 

is not described in subparagraph (B) of this paragraph, 

shall take effect in a manner consistent with subsection 

(a). 

(2) SPECIAL RULE.— 

(A) IN GENERAL.—Notwithstanding any other provision 

of this Act (including subsection (b) and paragraph (1)), 

any school or local educational agency described in subparagraph (B) shall continue to implement interventions 

applicable to such school or local educational agency under 

clause (i) or (ii) of subparagraph (B) until— 

(i) the State plan for the State in which the school 

or agency is located under section 1111 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311), as amended by this Act, is approved 

under such section (20 U.S.C. 6311); or 

(ii) subsections (c) and (d) of section 1111 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311), as amended by this Act, take effect in 

accordance with paragraph (1)(B), 

whichever occurs first. 

(B) CERTAIN SCHOOLS AND LOCAL EDUCATIONAL AGENCIES.—A school or local educational agency shall be subject 

to the requirements of subparagraph (A), if such school 

or local educational agency has been identified by the State 

in which the school or local educational agency is located— 

(i) as in need of improvement, corrective action, 

or restructuring under part A of title I of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311 et seq.), as in effect on the day before 

the date of enactment of this Act; or 

(ii) as a priority or focus school under a waiver 

granted by the Secretary of Education under section 

9401 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7861), as in effect on the day before 

the date of enactment of this Act. 

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

EDUCATION ACT OF 1965. 

Section 2 is amended to read as follows: 

‘‘Sec. 1. Short title. 

‘‘Sec. 2. Table of contents. 

‘‘TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 

‘‘Sec. 1001. Statement of purpose. 

‘‘Sec. 1002. Authorization of appropriations. 

‘‘Sec. 1003. School improvement. 

‘‘Sec. 1003A. Direct student services. 

‘‘Sec. 1004. State administration. 

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

‘‘SUBPART 1—BASIC PROGRAM REQUIREMENTS

‘‘Sec. 1111. State plans. 
S. 1177—7 

‘‘Sec. 1112. Local educational agency plans. 

‘‘Sec. 1113. Eligible school attendance areas. 

‘‘Sec. 1114. Schoolwide programs. 

‘‘Sec. 1115. Targeted assistance schools. 

‘‘Sec. 1116. Parent and family engagement. 

‘‘Sec. 1117. Participation of children enrolled in private schools. 

‘‘Sec. 1118. Fiscal requirements. 

‘‘Sec. 1119. Coordination requirements. 

‘‘SUBPART 2—ALLOCATIONS

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

‘‘Sec. 1122. Allocations to States. 

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

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

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

‘‘Sec. 1125AA. Adequacy of funding to local educational agencies in fiscal years 

after fiscal year 2001. 

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

‘‘Sec. 1126. Special allocation procedures. 

‘‘Sec. 1127. Carryover and waiver. 

‘‘PART B—STATE ASSESSMENT GRANTS

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

‘‘Sec. 1202. State option to conduct assessment system audit. 

‘‘Sec. 1203. Allotment of appropriated funds. 

‘‘Sec. 1204. Innovative assessment and accountability demonstration authority. 

‘‘PART C—EDUCATION OF MIGRATORY CHILDREN

‘‘Sec. 1301. Program purposes. 

‘‘Sec. 1302. Program authorized. 

‘‘Sec. 1303. State allocations. 

‘‘Sec. 1304. State applications; services. 

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

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

activities. 

‘‘Sec. 1307. Bypass. 

‘‘Sec. 1308. Coordination of migrant education activities. 

‘‘Sec. 1309. Definitions. 

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

WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

‘‘Sec. 1401. Purpose and program authorization. 

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

‘‘SUBPART 1—STATE AGENCY PROGRAMS

‘‘Sec. 1411. Eligibility. 

‘‘Sec. 1412. Allocation of funds. 

‘‘Sec. 1413. State reallocation of funds. 

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

‘‘Sec. 1415. Use of funds. 

‘‘Sec. 1416. Institution-wide projects. 

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

‘‘Sec. 1418. Transition services. 

‘‘Sec. 1419. Technical assistance. 

‘‘SUBPART 2—LOCAL AGENCY PROGRAMS

‘‘Sec. 1421. Purpose. 

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

‘‘Sec. 1423. Local educational agency applications. 

‘‘Sec. 1424. Uses of funds. 

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

this section. 

‘‘Sec. 1426. Accountability. 

‘‘SUBPART 3—GENERAL PROVISIONS

‘‘Sec. 1431. Program evaluations. 

‘‘Sec. 1432. Definitions. 

‘‘PART E—FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING

‘‘Sec. 1501. Flexibility for equitable per-pupil funding. 
S. 1177—8 

‘‘PART F—GENERAL PROVISIONS

‘‘Sec. 1601. Federal regulations. 

‘‘Sec. 1602. Agreements and records. 

‘‘Sec. 1603. State administration. 

‘‘Sec. 1604. Prohibition against Federal mandates, direction, or control. 

‘‘Sec. 1605. Rule of construction on equalized spending. 

‘‘TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY 

TEACHERS, PRINCIPALS, AND OTHER SCHOOL LEADERS 

‘‘Sec. 2001. Purpose. 

‘‘Sec. 2002. Definitions. 

‘‘Sec. 2003. Authorization of appropriations. 

‘‘PART A—SUPPORTING EFFECTIVE INSTRUCTION

‘‘Sec. 2101. Formula grants to States. 

‘‘Sec. 2102. Subgrants to local educational agencies. 

‘‘Sec. 2103. Local uses of funds. 

‘‘Sec. 2104. Reporting. 

‘‘PART B—NATIONAL ACTIVITIES

‘‘Sec. 2201. Reservations. 

‘‘SUBPART 1—TEACHER AND SCHOOL LEADER INCENTIVE PROGRAM

‘‘Sec. 2211. Purposes; definitions. 

‘‘Sec. 2212. Teacher and school leader incentive fund grants. 

‘‘Sec. 2213. Reports. 

‘‘SUBPART 2—LITERACY EDUCATION FOR ALL, RESULTS FOR THE NATION

‘‘Sec. 2221. Purposes; definitions. 

‘‘Sec. 2222. Comprehensive literacy State development grants. 

‘‘Sec. 2223. Subgrants to eligible entities in support of birth through kindergarten 

entry literacy. 

‘‘Sec. 2224. Subgrants to eligible entities in support of kindergarten through grade 

12 literacy. 

‘‘Sec. 2225. National evaluation and information dissemination. 

‘‘Sec. 2226. Innovative approaches to literacy. 

‘‘SUBPART 3—AMERICAN HISTORY AND CIVICS EDUCATION

‘‘Sec. 2231. Program authorized. 

‘‘Sec. 2232. Presidential and congressional academies for American history and 

civics. 

‘‘Sec. 2233. National activities. 

‘‘SUBPART 4—PROGRAMS OF NATIONAL SIGNIFICANCE

‘‘Sec. 2241. Funding allotment. 

‘‘Sec. 2242. Supporting effective educator development. 

‘‘Sec. 2243. School leader recruitment and support. 

‘‘Sec. 2244. Technical assistance and national evaluation. 

‘‘Sec. 2245. STEM master teacher corps. 

‘‘PART C—GENERAL PROVISIONS

‘‘Sec. 2301. Supplement, not supplant. 

‘‘Sec. 2302. Rules of construction. 

‘‘TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND 

IMMIGRANT STUDENTS 

‘‘Sec. 3001. Authorization of appropriations. 

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

ACADEMIC ACHIEVEMENT ACT

‘‘Sec. 3101. Short title. 

‘‘Sec. 3102. Purposes. 

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

LANGUAGE ENHANCEMENT

‘‘Sec. 3111. Formula grants to States. 

‘‘Sec. 3112. Native American and Alaska Native children in school. 
S. 1177—9 

‘‘Sec. 3113. State and specially qualified agency plans. 

‘‘Sec. 3114. Within-State allocations. 

‘‘Sec. 3115. Subgrants to eligible entities. 

‘‘Sec. 3116. Local plans. 

‘‘SUBPART 2—ACCOUNTABILITY AND ADMINISTRATION

‘‘Sec. 3121. Reporting. 

‘‘Sec. 3122. Biennial reports. 

‘‘Sec. 3123. Coordination with related programs. 

‘‘Sec. 3124. Rules of construction. 

‘‘Sec. 3125. Legal authority under State law. 

‘‘Sec. 3126. Civil rights. 

‘‘Sec. 3127. Programs for Native Americans and Puerto Rico. 

‘‘Sec. 3128. Prohibition. 

‘‘SUBPART 3—NATIONAL ACTIVITIES

‘‘Sec. 3131. National professional development project. 

‘‘PART B—GENERAL PROVISIONS

‘‘Sec. 3201. Definitions. 

‘‘Sec. 3202. National clearinghouse. 

‘‘Sec. 3203. Regulations. 

‘‘TITLE IV—21ST CENTURY SCHOOLS 

‘‘Sec. 4001. General provisions. 

‘‘PART A—STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS

‘‘SUBPART 1—STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS

‘‘Sec. 4101. Purpose. 

‘‘Sec. 4102. Definitions. 

‘‘Sec. 4103. Formula grants to States. 

‘‘Sec. 4104. State use of funds. 

‘‘Sec. 4105. Allocations to local educational agencies. 

‘‘Sec. 4106. Local educational agency applications. 

‘‘Sec. 4107. Activities to support well-rounded educational opportunities. 

‘‘Sec. 4108. Activities to support safe and healthy students. 

‘‘Sec. 4109. Activities to support the effective use of technology. 

‘‘Sec. 4110. Supplement, not supplant. 

‘‘Sec. 4111. Rule of construction. 

‘‘Sec. 4112. Authorization of appropriations. 

‘‘SUBPART 2—INTERNET SAFETY

‘‘4121. Internet safety. 

‘‘PART B—21ST CENTURY COMMUNITY LEARNING CENTERS

‘‘Sec. 4201. Purpose; definitions. 

‘‘Sec. 4202. Allotments to States. 

‘‘Sec. 4203. State application. 

‘‘Sec. 4204. Local competitive subgrant program. 

‘‘Sec. 4205. Local activities. 

‘‘Sec. 4206. Authorization of appropriations. 

‘‘PART C—EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS

‘‘Sec. 4301. Purpose. 

‘‘Sec. 4302. Program authorized. 

‘‘Sec. 4303. Grants to support high-quality charter schools. 

‘‘Sec. 4304. Facilities financing assistance. 

‘‘Sec. 4305. National activities. 

‘‘Sec. 4306. Federal formula allocation during first year and for successive enrollment expansions. 

‘‘Sec. 4307. Solicitation of input from charter school operators. 

‘‘Sec. 4308. Records transfer. 

‘‘Sec. 4309. Paperwork reduction. 

‘‘Sec. 4310. Definitions. 

‘‘Sec. 4311. Authorization of appropriations. 

‘‘PART D—MAGNET SCHOOLS ASSISTANCE

‘‘Sec. 4401. Findings and purpose. 

‘‘Sec. 4402. Definition. 
S. 1177—10 

‘‘Sec. 4403. Program authorized. 

‘‘Sec. 4404. Eligibility. 

‘‘Sec. 4405. Applications and requirements. 

‘‘Sec. 4406. Priority. 

‘‘Sec. 4407. Use of funds. 

‘‘Sec. 4408. Limitations. 

‘‘Sec. 4409. Authorization of appropriations; reservation. 

‘‘PART E—FAMILY ENGAGEMENT IN EDUCATION PROGRAMS

‘‘Sec. 4501. Purposes. 

‘‘Sec. 4502. Grants authorized. 

‘‘Sec. 4503. Applications. 

‘‘Sec. 4504. Uses of funds. 

‘‘Sec. 4505. Family engagement in Indian schools. 

‘‘Sec. 4506. Authorization of appropriations. 

‘‘PART F—NATIONAL ACTIVITIES

‘‘Sec. 4601. Authorization of appropriations; reservations. 

‘‘SUBPART 1—EDUCATION INNOVATION AND RESEARCH

‘‘Sec. 4611. Grants for education innovation and research. 

‘‘SUBPART 2—COMMUNITY SUPPORT FOR SCHOOL SUCCESS

‘‘Sec. 4621. Purposes. 

‘‘Sec. 4622. Definitions. 

‘‘Sec. 4623. Program authorized. 

‘‘Sec. 4624. Promise neighborhoods. 

‘‘Sec. 4625. Full-service community schools. 

‘‘SUBPART 3—NATIONAL ACTIVITIES FOR SCHOOL SAFETY

‘‘Sec. 4631. National activities for school safety. 

‘‘SUBPART 4—ACADEMIC ENRICHMENT

‘‘Sec. 4641. Awards for academic enrichment. 

‘‘Sec. 4642. Assistance for arts education. 

‘‘Sec. 4643. Ready to learn programming. 

‘‘Sec. 4644. Supporting high-ability learners and learning. 

‘‘TITLE V—FLEXIBILITY AND ACCOUNTABILITY 

‘‘PART A—FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL

AGENCIES

‘‘Sec. 5101. Short title. 

‘‘Sec. 5102. Purpose. 

‘‘Sec. 5103. Transferability of funds. 

‘‘PART B—RURAL EDUCATION INITIATIVE

‘‘Sec. 5201. Short title. 

‘‘Sec. 5202. Purpose. 

‘‘SUBPART 1—SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM

‘‘Sec. 5211. Use of applicable funding. 

‘‘Sec. 5212. Grant program authorized. 

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

‘‘Sec. 5221. Program authorized. 

‘‘Sec. 5222. Use of funds. 

‘‘Sec. 5223. Applications. 

‘‘Sec. 5224. Report. 

‘‘Sec. 5225. Choice of participation. 

‘‘PART C—GENERAL PROVISIONS

‘‘Sec. 5301. Prohibition against Federal mandates, direction, or control. 

‘‘Sec. 5302. Rule of construction on equalized spending. 

‘‘TITLE VI—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION 

‘‘PART A—INDIAN EDUCATION

‘‘Sec. 6101. Statement of policy. 
S. 1177—11 

‘‘Sec. 6102. Purpose. 

‘‘SUBPART 1—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

‘‘Sec. 6111. Purpose. 

‘‘Sec. 6112. Grants to local educational agencies and tribes. 

‘‘Sec. 6113. Amount of grants. 

‘‘Sec. 6114. Applications. 

‘‘Sec. 6115. Authorized services and activities. 

‘‘Sec. 6116. Integration of services authorized. 

‘‘Sec. 6117. Student eligibility forms. 

‘‘Sec. 6118. Payments. 

‘‘Sec. 6119. State educational agency review. 

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

OPPORTUNITIES FOR INDIAN CHILDREN

‘‘Sec. 6121. Improvement of educational opportunities for Indian children and 

youth. 

‘‘Sec. 6122. Professional development for teachers and education professionals. 

‘‘SUBPART 3—NATIONAL ACTIVITIES

‘‘Sec. 6131. National research activities. 

‘‘Sec. 6132. Grants to tribes for education administrative planning, development, 

and coordination. 

‘‘Sec. 6133. Native American and Alaska Native language immersion schools and 

programs. 

‘‘SUBPART 4—FEDERAL ADMINISTRATION

‘‘Sec. 6141. National Advisory Council on Indian Education. 

‘‘Sec. 6142. Peer review. 

‘‘Sec. 6143. Preference for Indian applicants. 

‘‘Sec. 6144. Minimum grant criteria. 

‘‘SUBPART 5—DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS

‘‘Sec. 6151. Definitions. 

‘‘Sec. 6152. Authorizations of appropriations. 

‘‘PART B—NATIVE HAWAIIAN EDUCATION

‘‘Sec. 6201. Short title. 

‘‘Sec. 6202. Findings. 

‘‘Sec. 6203. Purposes. 

‘‘Sec. 6204. Native Hawaiian Education Council. 

‘‘Sec. 6205. Program authorized. 

‘‘Sec. 6206. Administrative provisions. 

‘‘Sec. 6207. Definitions. 

‘‘PART C—ALASKA NATIVE EDUCATION

‘‘Sec. 6301. Short title. 

‘‘Sec. 6302. Findings. 

‘‘Sec. 6303. Purposes. 

‘‘Sec. 6304. Program authorized. 

‘‘Sec. 6305. Administrative provisions. 

‘‘Sec. 6306. Definitions. 

‘‘TITLE VII—IMPACT AID 

‘‘Sec. 7001. Purpose. 

‘‘Sec. 7002. Payments relating to Federal acquisition of real property. 

‘‘Sec. 7003. Payments for eligible federally connected children. 

‘‘Sec. 7004. Policies and procedures relating to children residing on Indian lands. 

‘‘Sec. 7005. Application for payments under sections 7002 and 7003. 

‘‘Sec. 7007. Construction. 

‘‘Sec. 7008. Facilities. 

‘‘Sec. 7009. State consideration of payments in providing State aid. 

‘‘Sec. 7010. Federal administration. 

‘‘Sec. 7011. Administrative hearings and judicial review. 

‘‘Sec. 7012. Forgiveness of overpayments. 

‘‘Sec. 7013. Definitions. 

‘‘Sec. 7014. Authorization of appropriations. 

‘‘TITLE VIII—GENERAL PROVISIONS 

‘‘PART A—DEFINITIONS

‘‘Sec. 8101. Definitions. 
S. 1177—12 

‘‘Sec. 8102. Applicability of title. 

‘‘Sec. 8103. Applicability to Bureau of Indian Education operated schools. 

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

‘‘Sec. 8201. Consolidation of State administrative funds for elementary and secondary education programs. 

‘‘Sec. 8202. Single local educational agency States. 

‘‘Sec. 8203. Consolidation of funds for local administration. 

‘‘Sec. 8204. Consolidated set-aside for Department of the Interior funds. 

‘‘Sec. 8205. Department staff. 

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

AND APPLICATIONS

‘‘Sec. 8301. Purposes. 

‘‘Sec. 8302. Optional consolidated State plans or applications. 

‘‘Sec. 8303. Consolidated reporting. 

‘‘Sec. 8304. General applicability of State educational agency assurances. 

‘‘Sec. 8305. Consolidated local plans or applications. 

‘‘Sec. 8306. Other general assurances. 

‘‘PART D—WAIVERS

‘‘Sec. 8401. Waivers of statutory and regulatory requirements. 

‘‘PART E—APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL APPLICATIONS

‘‘Sec. 8451. Approval and disapproval of State plans. 

‘‘Sec. 8452. Approval and disapproval of local educational agency applications. 

‘‘PART F—UNIFORM PROVISIONS

‘‘SUBPART 1—PRIVATE SCHOOLS

‘‘Sec. 8501. Participation by private school children and teachers. 

‘‘Sec. 8502. Standards for by-pass. 

‘‘Sec. 8503. Complaint process for participation of private school children. 

‘‘Sec. 8504. By-pass determination process. 

‘‘Sec. 8505. Prohibition against funds for religious worship or instruction. 

‘‘Sec. 8506. Private, religious, and home schools. 

‘‘SUBPART 2—OTHER PROVISIONS

‘‘Sec. 8521. Maintenance of effort. 

‘‘Sec. 8522. Prohibition regarding State aid. 

‘‘Sec. 8523. Privacy of assessment results. 

‘‘Sec. 8524. School prayer. 

‘‘Sec. 8525. Equal access to public school facilities. 

‘‘Sec. 8526. Prohibited uses of funds 

‘‘Sec. 8526A. Prohibition against Federal mandates, direction, or control. 

‘‘Sec. 8527. Prohibitions on Federal Government and use of Federal funds. 

‘‘Sec. 8528. Armed Forces recruiter access to students and student recruiting information. 

‘‘Sec. 8529. Prohibition on federally sponsored testing. 

‘‘Sec. 8530. Limitations on national testing or certification for teachers, principals, 

or other school leaders. 

‘‘Sec. 8530A. Prohibition on requiring State participation. 

‘‘Sec. 8531. Prohibition on nationwide database. 

‘‘Sec. 8532. Unsafe school choice option. 

‘‘Sec. 8533. Prohibition on discrimination. 

‘‘Sec. 8534. Civil rights. 

‘‘Sec. 8535. Rulemaking. 

‘‘Sec. 8536. Severability. 

‘‘Sec. 8537. Transfer of school disciplinary records. 

‘‘Sec. 8538. Consultation with Indian tribes and tribal organizations. 

‘‘Sec. 8539. Outreach and technical assistance for rural local educational agencies. 

‘‘Sec. 8540. Consultation with the Governor. 

‘‘Sec. 8541. Local governance. 

‘‘Sec. 8542. Rule of construction regarding travel to and from school. 

‘‘Sec. 8543. Limitations on school-based health centers. 

‘‘Sec. 8544. State control over standards. 

‘‘Sec. 8545. Sense of Congress on protecting student privacy. 

‘‘Sec. 8546. Prohibition on aiding and abetting sexual abuse. 

‘‘Sec. 8547. Sense of Congress on restoration of State sovereignty over public education. 
S. 1177—13 

‘‘Sec. 8548. Privacy. 

‘‘Sec. 8549. Analysis and periodic review of departmental guidance. 

‘‘Sec. 8549A. Sense of Congress. 

‘‘Sec. 8549B. Sense of Congress on early learning and child care. 

‘‘Sec. 8549C. Technical assistance. 

‘‘SUBPART 3—TEACHER LIABILITY PROTECTION

‘‘Sec. 8551. Short title. 

‘‘Sec. 8552. Purpose. 

‘‘Sec. 8553. Definitions. 

‘‘Sec. 8554. Applicability. 

‘‘Sec. 8555. Preemption and election of State nonapplicability. 

‘‘Sec. 8556. Limitation on liability for teachers. 

‘‘Sec. 8557. Allocation of responsibility for noneconomic loss. 

‘‘Sec. 8558. Effective date. 

‘‘SUBPART 4—GUN POSSESSION

‘‘Sec. 8561. Gun-free requirements. 

‘‘SUBPART 5—ENVIRONMENTAL TOBACCO SMOKE

‘‘Sec. 8571. Short title. 

‘‘Sec. 8572. Definitions. 

‘‘Sec. 8573. Nonsmoking policy for children’s services. 

‘‘Sec. 8574. Preemption. 

‘‘PART G—EVALUATIONS

‘‘Sec. 8601. Evaluations.’’. 

TITLE I—IMPROVING BASIC PROGRAMS 

OPERATED BY STATE AND LOCAL 

EDUCATIONAL AGENCIES 

PART A—IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL EDUCATIONAL 

AGENCIES 

SEC. 1000. REDESIGNATIONS. 

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

amended— 

(1) by striking sections 1116, 1117, and 1119; 

(2) by redesignating section 1118 as section 1116; 

(3) by redesignating section 1120 as section 1117; 

(4) by redesignating section 1120A as section 1118; and 

(5) by redesignating section 1120B as section 1119. 

SEC. 1001. STATEMENT OF PURPOSE. 

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

‘‘SEC. 1001. STATEMENT OF PURPOSE. 

‘‘The purpose of this title is to provide all children significant 

opportunity to receive a fair, equitable, and high-quality education, 

and to close educational achievement gaps.’’. 

SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 

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

‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—There are authorized to be appropriated to carry out the activities described in 

part A— 
S. 1177—14 

‘‘(1) $15,012,317,605 for fiscal year 2017; 

‘‘(2) $15,457,459,042 for fiscal year 2018; 

‘‘(3) $15,897,371,442 for fiscal year 2019; and 

‘‘(4) $16,182,344,591 for fiscal year 2020. 

‘‘(b) STATE ASSESSMENTS.—There are authorized to be appro- priated to carry out the activities described in part B, $378,000,000 

for each of fiscal years 2017 through 2020. 

‘‘(c) EDUCATION OF MIGRATORY CHILDREN.—There are authorized to be appropriated to carry out the activities described in 

part C, $374,751,000 for each of fiscal years 2017 through 2020. 

‘‘(d) PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN

AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK.— There are authorized to be appropriated to carry out the activities 

described in part D, $47,614,000 for each of fiscal years 2017 

through 2020. 

‘‘(e) FEDERAL ACTIVITIES.—For the purpose of carrying out 

evaluation activities related to title I under section 8601, there 

are authorized to be appropriated $710,000 for each of fiscal years 

2017 through 2020. 

‘‘(f) SENSE OF CONGRESS REGARDING ADJUSTMENTS TO

AUTHORIZATIONS OF APPROPRIATIONS PROVIDED IN THIS ACT FOR

FUTURE BUDGET AGREEMENTS.—It is the sense of Congress that 

if legislation is enacted that revises the limits on discretionary 

spending established under section 251(c) of the Balanced Budget 

and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)), the 

levels of appropriations authorized throughout this Act should be 

adjusted in a manner that is consistent with the adjustments in 

nonsecurity category funding provided for under the revised limits 

on discretionary spending.’’. 

SEC. 1003. SCHOOL IMPROVEMENT. 

Section 1003 (20 U.S.C. 6303) is amended to read as follows: 

‘‘SEC. 1003. SCHOOL IMPROVEMENT. 

‘‘(a) STATE RESERVATIONS.—To carry out subsection (b) and 

the State educational agency’s statewide system of technical assistance and support for local educational agencies, each State shall 

reserve the greater of— 

‘‘(1) 7 percent of the amount the State receives under 

subpart 2 of part A; or 

‘‘(2) the sum of the amount the State— 

‘‘(A) reserved for fiscal year 2016 under this subsection, 

as in effect on the day before the date of enactment of 

the Every Student Succeeds Act; and 

‘‘(B) received for fiscal year 2016 under subsection (g), 

as in effect on the day before the date of enactment of 

the Every Student Succeeds Act. 

‘‘(b) USES.—Of the amount reserved under subsection (a) for 

any fiscal year, the State educational agency— 

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

amount to make grants to local educational agencies on a 

formula or competitive basis, to serve schools implementing 

comprehensive support and improvement activities or targeted 

support and improvement activities under section 1111(d); or 

‘‘(B) may, with the approval of the local educational agency, 

directly provide for these activities or arrange for their provision 

through other entities such as school support teams, educational 

service agencies, or nonprofit or for-profit external providers 
S. 1177—15 

with expertise in using evidence-based strategies to improve 

student achievement, instruction, and schools; and 

‘‘(2) shall use the funds not allocated to local educational 

agencies under paragraph (1) to carry out this section, which 

shall include— 

‘‘(A) establishing the method, consistent with paragraph (1)(A), the State will use to allocate funds to local 

educational agencies under such paragraph, including 

ensuring— 

‘‘(i) the local educational agencies receiving an 

allotment under such paragraph represent the 

geographic diversity of the State; and 

‘‘(ii) that allotments are of sufficient size to enable 

a local educational agency to effectively implement 

selected strategies; 

‘‘(B) monitoring and evaluating the use of funds by 

local educational agencies receiving an allotment under 

such paragraph; and 

‘‘(C) as appropriate, reducing barriers and providing 

operational flexibility for schools in the implementation 

of comprehensive support and improvement activities or 

targeted support and improvement activities under section 

1111(d). 

‘‘(c) DURATION.—The State educational agency shall award each 

subgrant under subsection (b) for a period of not more than 4 

years, which may include a planning year. 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed as prohibiting a State from allocating subgrants under 

this section to a statewide school district, consortium of local educational agencies, or an educational service agency that serves 

schools implementing comprehensive support and improvement 

activities or targeted support and improvement activities, if such 

entities are legally constituted or recognized as local educational 

agencies in the State. 

‘‘(e) APPLICATION.—To receive an allotment under subsection 

(b)(1), a local educational agency shall submit an application to 

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

including such information as the State educational agency may 

require. Each application shall include, at a minimum— 

‘‘(1) a description of how the local educational agency will 

carry out its responsibilities under section 1111(d) for schools 

receiving funds under this section, including how the local 

educational agency will— 

‘‘(A) develop comprehensive support and improvement 

plans under section 1111(d)(1) for schools receiving funds 

under this section; 

‘‘(B) support schools developing or implementing targeted support and improvement plans under section 

1111(d)(2), if funds received under this section are used 

for such purpose; 

‘‘(C) monitor schools receiving funds under this section, 

including how the local educational agency will carry out 

its responsibilities under clauses (iv) and (v) of section 

1111(d)(2)(B) if funds received under this section are used 

to support schools implementing targeted support and 

improvement plans; 
S. 1177—16 

‘‘(D) use a rigorous review process to recruit, screen, 

select, and evaluate any external partners with whom the 

local educational agency will partner; 

‘‘(E) align other Federal, State, and local resources 

to carry out the activities supported with funds received 

under subsection (b)(1); and 

‘‘(F) as appropriate, modify practices and policies to 

provide operational flexibility that enables full and effective 

implementation of the plans described in paragraphs (1) 

and (2) of section 1111(d); and 

‘‘(2) an assurance that each school the local educational 

agency proposes to serve will receive all of the State and 

local funds it would have received in the absence of funds 

received under this section. 

‘‘(f) PRIORITY.—The State educational agency, in allocating 

funds to local educational agencies under this section, shall give 

priority to local educational agencies that— 

‘‘(1) serve high numbers, or a high percentage of, 

elementary schools and secondary schools implementing plans 

under paragraphs (1) and (2) of section 1111(d); 

‘‘(2) demonstrate the greatest need for such funds, as determined by the State; and 

‘‘(3) demonstrate the strongest commitment to using funds 

under this section to enable the lowest-performing schools to 

improve student achievement and student outcomes. 

‘‘(g) UNUSED FUNDS.—If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out subsection 

(b) is greater than the amount needed to provide the assistance 

described in that subsection, the State educational agency shall 

allocate the excess amount to local educational agencies in accordance with— 

‘‘(1) the relative allocations the State educational agency 

made to those agencies for that fiscal year under subpart 2 

of part A; or 

‘‘(2) section 1126(c). 

‘‘(h) SPECIAL RULE.—Notwithstanding any other provision of 

this section, the amount of funds reserved by the State educational 

agency under subsection (a) for fiscal year 2018 and each subsequent fiscal year shall not decrease the amount of funds each 

local educational agency receives under subpart 2 of part A below 

the amount received by such local educational agency under such 

subpart for the preceding fiscal year. 

‘‘(i) REPORTING.—The State shall include in the report described 

in section 1111(h)(1) a list of all the local educational agencies 

and schools that received funds under this section, including the 

amount of funds each school received and the types of strategies 

implemented in each school with such funds.’’. 

SEC. 1004. DIRECT STUDENT SERVICES. 

The Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6301 et seq.) is amended by inserting after section 1003 

(20 U.S.C. 6303) the following: 

‘‘SEC. 1003A. DIRECT STUDENT SERVICES. 

‘‘(a) STATE RESERVATION.— ‘‘(1) IN GENERAL.— 
S. 1177—17 

‘‘(A) STATES.—Each State educational agency, after 

meaningful consultation with geographically diverse local 

educational agencies described in subparagraph (B), may 

reserve not more than 3 percent of the amount the State 

educational agency receives under subpart 2 of part A 

for each fiscal year to carry out this section. 

‘‘(B) CONSULTATION.—A State educational agency shall 

consult under subparagraph (A) with local educational 

agencies that include— 

‘‘(i) suburban, rural, and urban local educational 

agencies; 

‘‘(ii) local educational agencies serving a high 

percentage of schools identified by the State for comprehensive support and improvement under section 

1111(c)(4)(D)(i); and 

‘‘(iii) local educational agencies serving a high 

percentage of schools implementing targeted support 

and improvement plans under section 1111(d)(2). 

‘‘(2) PROGRAM ADMINISTRATION.—Of the funds reserved 

under paragraph (1)(A), the State educational agency may use 

not more than 1 percent to administer the program described 

in this section. 

‘‘(b) AWARDS.— ‘‘(1) IN GENERAL.—From the amount reserved under subsection (a) by a State educational agency, the State educational 

agency shall award grants to geographically diverse local educational agencies described in subsection (a)(1)(B)(i). 

‘‘(2) PRIORITY.—In making such awards, the State educational agency shall prioritize awards to local educational 

agencies serving the highest percentage of schools, as compared 

to other local educational agencies in the State— 

‘‘(A) identified by the State for comprehensive support 

and improvement under section 1111(c)(4)(D)(i); or 

‘‘(B) implementing targeted support and improvement 

plans under section 1111(d)(2). 

‘‘(c) LOCAL USE OF FUNDS.—A local educational agency receiving 

an award under this section— 

‘‘(1) may use not more than 1 percent of its award for 

outreach and communication to parents about available direct 

student services described in paragraph (3) in the local educational agency and State; 

‘‘(2) may use not more than 2 percent of its award for 

administrative costs related to such direct student services; 

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

associated with one or more of the following direct student 

services— 

‘‘(A) enrollment and participation in academic courses 

not otherwise available at a student’s school, including— 

‘‘(i) advanced courses; and 

‘‘(ii) career and technical education coursework 

that— 

‘‘(I) is aligned with the challenging State academic standards; and 

‘‘(II) leads to industry-recognized credentials 

that meet the quality criteria established by the 

State under section 123(a) of the Workforce 

Innovation and Opportunity Act (29 U.S.C. 3102); 
S. 1177—18 

‘‘(B) credit recovery and academic acceleration courses 

that lead to a regular high school diploma; 

‘‘(C) activities that assist students in successfully completing postsecondary level instruction and examinations 

that are accepted for credit at institutions of higher education (including Advanced Placement and International 

Baccalaureate courses), which may include reimbursing 

low-income students to cover part or all of the costs of 

fees for such examinations; 

‘‘(D) components of a personalized learning approach, 

which may include high-quality academic tutoring; and 

‘‘(E) in the case of a local educational agency that 

does not reserve funds under section 1111(d)(1)(D)(v), 

transportation to allow a student enrolled in a school identified for comprehensive support and improvement under 

section 1111(c)(4)(D)(i) to transfer to another public school 

(which may include a charter school) that has not been 

identified by the State under such section; and 

‘‘(4) in paying the costs associated with the direct student 

services described in paragraph (3), shall— 

‘‘(A) first, pay such costs for students who are enrolled 

in schools identified by the State for comprehensive support 

and improvement under section 1111(c)(4)(D)(i); 

‘‘(B) second, pay such costs for low-achieving students 

who are enrolled in schools implementing targeted support 

and improvement plans under section 1111(d)(2); and 

‘‘(C) with any remaining funds, pay such costs for 

other low-achieving students served by the local educational agency. 

‘‘(d) APPLICATION.—A local educational agency desiring to 

receive an award under subsection (b) shall submit an application 

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

as the State educational agency shall require. At a minimum, 

each application shall describe how the local educational agency 

will— 

‘‘(1) provide adequate outreach to ensure parents can exercise a meaningful choice of direct student services for their 

child’s education; 

‘‘(2) ensure parents have adequate time and information 

to make a meaningful choice prior to enrolling their child 

in a direct student service; 

‘‘(3) in the case of a local educational agency offering public 

school choice under this section, ensure sufficient availability 

of seats in the public schools the local educational agency 

will make available for public school choice options; 

‘‘(4) prioritize services to students who are lowest-achieving; 

‘‘(5) select providers of direct student services, which may 

include one or more of— 

‘‘(A) the local educational agency or other local educational agencies; 

‘‘(B) community colleges or other institutions of higher 

education; 

‘‘(C) non-public entities; 

‘‘(D) community-based organizations; or 

‘‘(E) in the case of high-quality academic tutoring, a 

variety of providers of such tutoring that are selected and 
S. 1177—19 

approved by the State and appear on the State’s list of 

such providers required under subsection (e)(2); 

‘‘(6) monitor the provision of direct student services; and 

‘‘(7) publicly report the results of direct student service 

providers in improving relevant student outcomes in a manner 

that is accessible to parents. 

‘‘(e) PROVIDERS AND SCHOOLS.—A State educational agency that 

reserves an amount under subsection (a) shall— 

‘‘(1) ensure that each local educational agency that receives 

an award under this section and intends to provide public 

school choice under subsection (c)(3)(E) can provide a sufficient 

number of options to provide a meaningful choice for parents; 

‘‘(2) compile and maintain an updated list of State-approved 

high-quality academic tutoring providers that— 

‘‘(A) is developed using a fair negotiation and rigorous 

selection and approval process; 

‘‘(B) provides parents with meaningful choices; 

‘‘(C) offers a range of tutoring models, including online 

and on campus; and 

‘‘(D) includes only providers that— 

‘‘(i) have a demonstrated record of success in 

increasing students’ academic achievement; 

‘‘(ii) comply with all applicable Federal, State, and 

local health, safety, and civil rights laws; and 

‘‘(iii) provide instruction and content that is secular, neutral, and non-ideological; 

‘‘(3) ensure that each local educational agency receiving 

an award is able to provide an adequate number of highquality academic tutoring options to ensure parents have a 

meaningful choice of services; 

‘‘(4) develop and implement procedures for monitoring the 

quality of services provided by direct student service providers; 

and 

‘‘(5) establish and implement clear criteria describing the 

course of action for direct student service providers that are 

not successful in improving student academic outcomes, which, 

for a high-quality academic tutoring provider, may include a 

process to remove State approval under paragraph (2).’’. 

SEC. 1005. STATE PLANS. 

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

‘‘SEC. 1111. STATE PLANS. 

‘‘(a) FILING FOR GRANTS.— 

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

under this part, the State educational agency shall file with 

the Secretary a plan that is— 

‘‘(A) developed by the State educational agency with 

timely and meaningful consultation with the Governor, 

members of the State legislature and State board of education (if the State has a State board of education), local 

educational agencies (including those located in rural 

areas), representatives of Indian tribes located in the State, 

teachers, principals, other school leaders, charter school 

leaders (if the State has charter schools), specialized 

instructional support personnel, paraprofessionals, 

administrators, other staff, and parents; and 
S. 1177—20 

‘‘(B) is coordinated with other programs under this 

Act, the Individuals with Disabilities Education Act (20 

U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20 

U.S.C. 701 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the 

Workforce Innovation and Opportunity Act (29 U.S.C. 3101 

et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the 

Child Care and Development Block Grant Act of 1990 

(42 U.S.C. 9858 et seq.), the Education Sciences Reform 

Act of 2002 (20 U.S.C. 9501 et seq.), the Education Technical Assistance Act of 2002 (20 U.S.C. 9601 et. seq.), 

the National Assessment of Educational Progress 

Authorization Act (20 U.S.C. 9621 et seq.), the McKinneyVento Homeless Assistance Act (42 U.S.C. 11301 et seq.), 

and the Adult Education and Family Literacy Act (29 

U.S.C. 3271 et seq.). 

‘‘(2) LIMITATION.—Consultation required under paragraph 

(1)(A) shall not interfere with the timely submission of the 

plan required under this section. 

‘‘(3) CONSOLIDATED PLAN.—A State plan submitted under 

paragraph (1) may be submitted as part of a consolidated 

plan under section 8302. 

‘‘(4) PEER REVIEW AND SECRETARIAL APPROVAL.— 

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

‘‘(i) establish a peer-review process to assist in 

the review of State plans; 

‘‘(ii) establish multidisciplinary peer-review teams 

and appoint members of such teams— 

‘‘(I) who are representative of— 

‘‘(aa) parents, teachers, principals, other 

school leaders, specialized instructional support personnel, State educational agencies, 

local educational agencies, and the community 

(including the business community); and 

‘‘(bb) researchers who are familiar with— 

‘‘(AA) the implementation of academic 

standards, assessments, or accountability 

systems; and 

‘‘(BB) how to meet the needs of disadvantaged students, children with 

disabilities, and English learners, the 

needs of low-performing schools, and other 

educational needs of students; 

‘‘(II) that include, to the extent practicable, 

majority representation of individuals who, in the 

most recent 2 years, have had practical experience 

in the classroom, school administration, or State 

or local government (such as direct employees of 

a school, local educational agency, or State educational agency); and 

‘‘(III) who represent a regionally diverse crosssection of States; 

‘‘(iii) make available to the public, including by 

such means as posting to the Department’s website, 

the list of peer reviewers who have reviewed State 

plans under this section; 
S. 1177—21 

‘‘(iv) ensure that the peer-review teams consist 

of varied individuals so that the same peer reviewers 

are not reviewing all of the State plans; 

‘‘(v) approve a State plan not later than 120 days 

after its submission, unless the Secretary meets the 

requirements of clause (vi); 

‘‘(vi) have the authority to disapprove a State plan 

only if— 

‘‘(I) the Secretary— 

‘‘(aa) determines how the State plan fails 

to meet the requirements of this section; 

‘‘(bb) immediately provides to the State, 

in writing, notice of such determination, and 

the supporting information and rationale to 

substantiate such determination; 

‘‘(cc) offers the State an opportunity to 

revise and resubmit its State plan, and provides the State— 

‘‘(AA) technical assistance to assist 

the State in meeting the requirements of 

this section; 

‘‘(BB) in writing, all peer-review comments, suggestions, recommendations, or 

concerns relating to its State plan; and 

‘‘(CC) a hearing, unless the State 

declines the opportunity for such hearing; 

and 

‘‘(II) the State— 

‘‘(aa) does not revise and resubmit its 

State plan; or 

‘‘(bb) in a case in which a State revises 

and resubmits its State plan after a hearing 

is conducted under subclause (I)(cc)(CC), or 

after the State has declined the opportunity 

for such a hearing, the Secretary determines 

that such revised State plan does not meet 

the requirements of this section. 

‘‘(B) PURPOSE OF PEER REVIEW.—The peer-review 

process shall be designed to— 

‘‘(i) maximize collaboration with each State; 

‘‘(ii) promote effective implementation of the challenging State academic standards through State and 

local innovation; and 

‘‘(iii) provide transparent, timely, and objective 

feedback to States designed to strengthen the technical 

and overall quality of the State plans. 

‘‘(C) STANDARD AND NATURE OF REVIEW.—Peer 

reviewers shall conduct an objective review of State plans 

in their totality and out of respect for State and local 

judgments, with the goal of supporting State- and localled innovation and providing objective feedback on the 

technical and overall quality of a State plan. 

‘‘(D) PROHIBITION.—Neither the Secretary nor the political appointees of the Department, may attempt to participate in, or influence, the peer-review process. 

‘‘(5) PUBLIC REVIEW.—All written communications, feedback, and notifications under this subsection shall be conducted 
S. 1177—22 

in a manner that is transparent and immediately made available to the public on the Department’s website, including— 

‘‘(A) plans submitted or resubmitted by a State; 

‘‘(B) peer-review guidance, notes, and comments and 

the names of the peer reviewers (once the peer reviewers 

have completed their work); 

‘‘(C) State plan determinations by the Secretary, 

including approvals or disapprovals; and 

‘‘(D) notices and transcripts of hearings under this 

section. 

‘‘(6) DURATION OF THE PLAN.— ‘‘(A) IN GENERAL.—Each State plan shall— 

‘‘(i) remain in effect for the duration of the State’s 

participation under this part; and 

‘‘(ii) be periodically reviewed and revised as necessary by the State educational agency to reflect 

changes in the State’s strategies and programs under 

this part. 

‘‘(B) ADDITIONAL INFORMATION.— ‘‘(i) IN GENERAL.—If a State makes significant 

changes to its plan at any time, such as the adoption 

of new challenging State academic standards or new 

academic assessments under subsection (b), or changes 

to its accountability system under subsection (c), such 

information shall be submitted to the Secretary in 

the form of revisions or amendments to the State plan. 

‘‘(ii) REVIEW OF REVISED PLANS.—The Secretary 

shall review the information submitted under clause 

(i) and approve changes to the State plan, or disapprove 

such changes in accordance with paragraph (4)(A)(vi), 

within 90 days, without undertaking the peer-review 

process under such paragraph. 

‘‘(iii) SPECIAL RULE FOR STANDARDS.—If a State 

makes changes to its challenging State academic standards, the requirements of subsection (b)(1), including 

the requirement that such standards need not be submitted to the Secretary pursuant to subsection 

(b)(1)(A), shall still apply. 

‘‘(7) FAILURE TO MEET REQUIREMENTS.—If a State fails to 

meet any of the requirements of this section, the Secretary 

may withhold funds for State administration under this part 

until the Secretary determines that the State has fulfilled those 

requirements. 

‘‘(8) PUBLIC COMMENT.—Each State shall make the State 

plan publicly available for public comment for a period of not 

less than 30 days, by electronic means and in an easily accessible format, prior to submission to the Secretary for approval 

under this subsection. The State, in the plan it files under 

this subsection, shall provide an assurance that public comments were taken into account in the development of the State 

plan. 

‘‘(b) CHALLENGING ACADEMIC STANDARDS AND ACADEMIC

ASSESSMENTS.— ‘‘(1) CHALLENGING STATE ACADEMIC STANDARDS.— ‘‘(A) IN GENERAL.—Each State, in the plan it files under 

subsection (a), shall provide an assurance that the State 

has adopted challenging academic content standards and 
S. 1177—23 

aligned academic achievement standards (referred to in 

this Act as ‘challenging State academic standards’), which 

achievement standards shall include not less than 3 levels 

of achievement, that will be used by the State, its local 

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

A State shall not be required to submit such challenging 

State academic standards to the Secretary. 

‘‘(B) SAME STANDARDS.—Except as provided in subparagraph (E), the standards required by subparagraph (A) 

shall— 

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

students in the State; and 

‘‘(ii) with respect to academic achievement standards, include the same knowledge, skills, and levels 

of achievement expected of all public school students 

in the State. 

‘‘(C) SUBJECTS.—The State shall have such academic 

standards for mathematics, reading or language arts, and 

science, and may have such standards for any other subject 

determined by the State. 

‘‘(D) ALIGNMENT.— ‘‘(i) IN GENERAL.—Each State shall demonstrate 

that the challenging State academic standards are 

aligned with entrance requirements for credit-bearing 

coursework in the system of public higher education 

in the State and relevant State career and technical 

education standards. 

‘‘(ii) RULE OF CONSTRUCTION.—Nothing in this Act 

shall be construed to authorize public institutions of 

higher education to determine the specific challenging 

State academic standards required under this paragraph. 

‘‘(E) ALTERNATE ACADEMIC ACHIEVEMENT STANDARDS

FOR STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE

DISABILITIES.— 

‘‘(i) IN GENERAL.—The State may, through a documented and validated standards-setting process, adopt 

alternate academic achievement standards for students 

with the most significant cognitive disabilities, provided those standards— 

‘‘(I) are aligned with the challenging State academic content standards under subparagraph (A); 

‘‘(II) promote access to the general education 

curriculum, consistent with the Individuals with 

Disabilities Education Act (20 U.S.C. 1400 et seq.); 

‘‘(III) reflect professional judgment as to the 

highest possible standards achievable by such students; 

‘‘(IV) are designated in the individualized education program developed under section 614(d)(3) 

of the Individuals with Disabilities Education Act 

(20 U.S.C. 1414(d)(3)) for each such student as 

the academic achievement standards that will be 

used for the student; and 

‘‘(V) are aligned to ensure that a student who 

meets the alternate academic achievement standards is on track to pursue postsecondary education 
S. 1177—24 

or employment, consistent with the purposes of 

Public Law 93–112, as in effect on July 22, 2014. 

‘‘(ii) PROHIBITION ON ANY OTHER ALTERNATE OR

MODIFIED ACADEMIC ACHIEVEMENT STANDARDS.—A 

State shall not develop, or implement for use under 

this part, any alternate academic achievement standards for children with disabilities that are not alternate 

academic achievement standards that meet the 

requirements of clause (i). 

‘‘(F) ENGLISH LANGUAGE PROFICIENCY STANDARDS.— Each State plan shall demonstrate that the State has 

adopted English language proficiency standards that— 

‘‘(i) are derived from the 4 recognized domains 

of speaking, listening, reading, and writing; 

‘‘(ii) address the different proficiency levels of 

English learners; and 

‘‘(iii) are aligned with the challenging State academic standards. 

‘‘(G) PROHIBITIONS.— ‘‘(i) STANDARDS REVIEW OR APPROVAL.—A State 

shall not be required to submit any standards developed under this subsection to the Secretary for review 

or approval. 

‘‘(ii) FEDERAL CONTROL.—The Secretary shall not 

have the authority to mandate, direct, control, coerce, 

or exercise any direction or supervision over any of 

the challenging State academic standards adopted or 

implemented by a State. 

‘‘(H) EXISTING STANDARDS.—Nothing in this part shall 

prohibit a State from revising, consistent with this section, 

any standards adopted under this part before or after the 

date of enactment of the Every Student Succeeds Act. 

‘‘(2) ACADEMIC ASSESSMENTS.— ‘‘(A) IN GENERAL.—Each State plan shall demonstrate 

that the State educational agency, in consultation with 

local educational agencies, has implemented a set of highquality student academic assessments in mathematics, 

reading or language arts, and science. The State retains 

the right to implement such assessments in any other 

subject chosen by the State. 

‘‘(B) REQUIREMENTS.—The assessments under subparagraph (A) shall— 

‘‘(i) except as provided in subparagraph (D), be— 

‘‘(I) the same academic assessments used to 

measure the achievement of all public elementary 

school and secondary school students in the State; 

and 

‘‘(II) administered to all public elementary 

school and secondary school students in the State; 

‘‘(ii) be aligned with the challenging State academic 

standards, and provide coherent and timely information about student attainment of such standards and 

whether the student is performing at the student’s 

grade level; 

‘‘(iii) be used for purposes for which such assessments are valid and reliable, consistent with relevant, 

nationally recognized professional and technical testing 
S. 1177—25 

standards, objectively measure academic achievement, 

knowledge, and skills, and be tests that do not evaluate 

or assess personal or family beliefs and attitudes, or 

publicly disclose personally identifiable information; 

‘‘(iv) be of adequate technical quality for each purpose required under this Act and consistent with the 

requirements of this section, the evidence of which 

shall be made public, including on the website of the 

State educational agency; 

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

or language arts, be administered— 

‘‘(aa) in each of grades 3 through 8; and 

‘‘(bb) at least once in grades 9 through 12; 

‘‘(II) in the case of science, be administered not 

less than one time during— 

‘‘(aa) grades 3 through 5; 

‘‘(bb) grades 6 through 9; and 

‘‘(cc) grades 10 through 12; and 

‘‘(III) in the case of any other subject chosen by 

the State, be administered at the discretion of the 

State; 

‘‘(vi) involve multiple up-to-date measures of student academic achievement, including measures that 

assess higher-order thinking skills and understanding, 

which may include measures of student academic 

growth and may be partially delivered in the form 

of portfolios, projects, or extended performance tasks; 

‘‘(vii) provide for— 

‘‘(I) the participation in such assessments of 

all students; 

‘‘(II) the appropriate accommodations, such as 

interoperability with, and ability to use, assistive 

technology, for children with disabilities (as 

defined in section 602(3) of the Individuals with 

Disabilities Education Act (20 U.S.C. 1401(3))), 

including students with the most significant cognitive disabilities, and students with a disability 

who are provided accommodations under an Act 

other than the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), necessary to 

measure the academic achievement of such children relative to the challenging State academic 

standards or alternate academic achievement 

standards described in paragraph (1)(E); and 

‘‘(III) the inclusion of English learners, who 

shall be assessed in a valid and reliable manner 

and provided appropriate accommodations on 

assessments administered to such students under 

this paragraph, including, to the extent practicable, assessments in the language and form 

most likely to yield accurate data on what such 

students know and can do in academic content 

areas, until such students have achieved English 

language proficiency, as determined under 

subparagraph (G); 

‘‘(viii) at the State’s discretion— 
S. 1177—26 

‘‘(I) be administered through a single 

summative assessment; or 

‘‘(II) be administered through multiple statewide interim assessments during the course of the 

academic year that result in a single summative 

score that provides valid, reliable, and transparent 

information on student achievement or growth; 

‘‘(ix) notwithstanding clause (vii)(III), provide for 

assessments (using tests in English) of reading or language arts of any student who has attended school 

in the United States (not including the Commonwealth 

of Puerto Rico) for 3 or more consecutive school years, 

except that if the local educational agency determines, 

on a case-by-case individual basis, that academic 

assessments in another language or form would likely 

yield more accurate and reliable information on what 

such student knows and can do, the local educational 

agency may make a determination to assess such student in the appropriate language other than English 

for a period that does not exceed 2 additional consecutive years, provided that such student has not yet 

reached a level of English language proficiency sufficient to yield valid and reliable information on what 

such student knows and can do on tests (written in 

English) of reading or language arts; 

‘‘(x) produce individual student interpretive, 

descriptive, and diagnostic reports, consistent with 

clause (iii), regarding achievement on such assessments 

that allow parents, teachers, principals, and other 

school leaders to understand and address the specific 

academic needs of students, and that are provided 

to parents, teachers, and school leaders, as soon as 

is practicable after the assessment is given, in an 

understandable and uniform format, and to the extent 

practicable, in a language that parents can understand; 

‘‘(xi) enable results to be disaggregated within each 

State, local educational agency, and school by— 

‘‘(I) each major racial and ethnic group; 

‘‘(II) economically disadvantaged students as 

compared to students who are not economically 

disadvantaged; 

‘‘(III) children with disabilities as compared 

to children without disabilities; 

‘‘(IV) English proficiency status; 

‘‘(V) gender; and 

‘‘(VI) migrant status, 

except that such disaggregation shall not be required 

in the case of a State, local educational agency, or 

a school in which the number of students in a subgroup 

is insufficient to yield statistically reliable information 

or the results would reveal personally identifiable 

information about an individual student; 

‘‘(xii) enable itemized score analyses to be produced 

and reported, consistent with clause (iii), to local educational agencies and schools, so that parents, teachers, 

principals, other school leaders, and administrators can 

interpret and address the specific academic needs of 
S. 1177—27 

students as indicated by the students’ achievement 

on assessment items; and 

‘‘(xiii) be developed, to the extent practicable, using 

the principles of universal design for learning. 

‘‘(C) EXCEPTION FOR ADVANCED MATHEMATICS IN

MIDDLE SCHOOL.—A State may exempt any 8th grade student from the assessment in mathematics described in 

subparagraph (B)(v)(I)(aa) if— 

‘‘(i) such student takes the end-of-course assessment the State typically administers to meet the 

requirements of subparagraph (B)(v)(I)(bb) in mathematics; 

‘‘(ii) such student’s achievement on such end-ofcourse assessment is used for purposes of subsection 

(c)(4)(B)(i), in lieu of such student’s achievement on 

the mathematics assessment required under subparagraph (B)(v)(I)(aa), and such student is counted as 

participating in the assessment for purposes of subsection (c)(4)(B)(vi); and 

‘‘(iii) in high school, such student takes a mathematics assessment pursuant to subparagraph 

(B)(v)(I)(bb) that— 

‘‘(I) is any end-of-course assessment or other 

assessment that is more advanced than the assessment taken by such student under clause (i) of 

this subparagraph; and 

‘‘(II) shall be used to measure such student’s 

academic achievement for purposes of subsection 

(c)(4)(B)(i). 

‘‘(D) ALTERNATE ASSESSMENTS FOR STUDENTS WITH THE

MOST SIGNIFICANT COGNITIVE DISABILITIES.— ‘‘(i) ALTERNATE ASSESSMENTS ALIGNED WITH ALTER- NATE ACADEMIC ACHIEVEMENT STANDARDS.—A State 

may provide for alternate assessments aligned with 

the challenging State academic standards and alternate academic achievement standards described in 

paragraph (1)(E) for students with the most significant 

cognitive disabilities, if the State— 

‘‘(I) consistent with clause (ii), ensures that, 

for each subject, the total number of students 

assessed in such subject using the alternate assessments does not exceed 1 percent of the total 

number of all students in the State who are 

assessed in such subject; 

‘‘(II) ensures that the parents of such students 

are clearly informed, as part of the process for 

developing the individualized education program 

(as defined in section 614(d)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 

1414(d)(1)(A)))— 

‘‘(aa) that their child’s academic achievement will be measured based on such alternate 

standards; and 

‘‘(bb) how participation in such assessments may delay or otherwise affect the student from completing the requirements for a 

regular high school diploma; 
S. 1177—28 

‘‘(III) promotes, consistent with the Individuals 

with Disabilities Education Act (20 U.S.C. 1400 

et seq.), the involvement and progress of students 

with the most significant cognitive disabilities in 

the general education curriculum; 

‘‘(IV) describes in the State plan the steps 

the State has taken to incorporate universal design 

for learning, to the extent feasible, in alternate 

assessments; 

‘‘(V) describes in the State plan that general 

and special education teachers, and other appropriate staff— 

‘‘(aa) know how to administer the alternate assessments; and 

‘‘(bb) make appropriate use of accommodations for students with disabilities on all 

assessments required under this paragraph; 

‘‘(VI) develops, disseminates information on, 

and promotes the use of appropriate accommodations to increase the number of students with 

significant cognitive disabilities— 

‘‘(aa) participating in academic instruction 

and assessments for the grade level in which 

the student is enrolled; and 

‘‘(bb) who are tested based on challenging 

State academic standards for the grade level 

in which the student is enrolled; and 

‘‘(VII) does not preclude a student with the 

most significant cognitive disabilities who takes 

an alternate assessment based on alternate academic achievement standards from attempting to 

complete the requirements for a regular high 

school diploma. 

‘‘(ii) SPECIAL RULES.— ‘‘(I) RESPONSIBILITY UNDER IDEA.—Subject to 

the authority and requirements for the individualized education program team for a child with a 

disability under section 614(d)(1)(A)(i)(VI)(bb) of 

the Individuals with Disabilities Education Act (20 

U.S.C. 1414(d)(1)(A)(i)(VI)(bb)), such team, consistent with the guidelines established by the State 

and required under section 612(a)(16)(C) of such 

Act (20 U.S.C. 1412(c)(16)(C)) and clause (i)(II) 

of this subparagraph, shall determine when a child 

with a significant cognitive disability shall participate in an alternate assessment aligned with the 

alternate academic achievement standards. 

‘‘(II) PROHIBITION ON LOCAL CAP.—Nothing in 

this subparagraph shall be construed to permit 

the Secretary or a State educational agency to 

impose on any local educational agency a cap on 

the percentage of students administered an alternate assessment under this subparagraph, except 

that a local educational agency exceeding the cap 

applied to the State under clause (i)(I) shall submit 

information to the State educational agency justifying the need to exceed such cap. 
S. 1177—29 

‘‘(III) STATE SUPPORT.—A State shall provide 

appropriate oversight, as determined by the State, 

of any local educational agency that is required 

to submit information to the State under subclause 

(II). 

‘‘(IV) WAIVER AUTHORITY.—This subparagraph 

shall be subject to the waiver authority under 

section 8401. 

‘‘(E) STATE AUTHORITY.—If a State educational agency 

provides evidence, which is satisfactory to the Secretary, 

that neither the State educational agency nor any other 

State government official, agency, or entity has sufficient 

authority, under State law, to adopt challenging State academic standards, and academic assessments aligned with 

such standards, which will be applicable to all students 

enrolled in the State’s public elementary schools and secondary schools, then the State educational agency may 

meet the requirements of this subsection by— 

‘‘(i) adopting academic standards and academic 

assessments that meet the requirements of this subsection, on a statewide basis, and limiting their 

applicability to students served under this part; or 

‘‘(ii) adopting and implementing policies that 

ensure that each local educational agency in the State 

that receives grants under this part will adopt academic content and student academic achievement 

standards, and academic assessments aligned with 

such standards, which— 

‘‘(I) meet all of the criteria in this subsection 

and any regulations regarding such standards and 

assessments that the Secretary may publish; and 

‘‘(II) are applicable to all students served by 

each such local educational agency. 

‘‘(F) LANGUAGE ASSESSMENTS.— 

‘‘(i) IN GENERAL.—Each State plan shall identify 

the languages other than English that are present 

to a significant extent in the participating student 

population of the State and indicate the languages 

for which annual student academic assessments are 

not available and are needed. 

‘‘(ii) SECRETARIAL ASSISTANCE.—The State shall 

make every effort to develop such assessments and 

may request assistance from the Secretary if linguistically accessible academic assessment measures are 

needed. Upon request, the Secretary shall assist with 

the identification of appropriate academic assessment 

measures in the needed languages, but shall not mandate a specific academic assessment or mode of instruction. 

‘‘(G) ASSESSMENTS OF ENGLISH LANGUAGE PROFICIENCY.— 

‘‘(i) IN GENERAL.—Each State plan shall demonstrate that local educational agencies in the State 

will provide for an annual assessment of English proficiency of all English learners in the schools served 

by the State educational agency. 
S. 1177—30 

‘‘(ii) ALIGNMENT.—The assessments described in 

clause (i) shall be aligned with the State’s English 

language proficiency standards described in paragraph 

(1)(F). 

‘‘(H) LOCALLY-SELECTED ASSESSMENT.— 

‘‘(i) IN GENERAL.—Nothing in this paragraph shall 

be construed to prohibit a local educational agency 

from administering a locally-selected assessment in 

lieu of the State-designed academic assessment under 

subclause (I)(bb) and subclause (II)(cc) of subparagraph 

(B)(v), if the local educational agency selects a nationally-recognized high school academic assessment that 

has been approved for use by the State as described 

in clause (iii) or (iv) of this subparagraph. 

‘‘(ii) STATE TECHNICAL CRITERIA.—To allow for 

State approval of nationally-recognized high school academic assessments that are available for local selection 

under clause (i), a State educational agency shall establish technical criteria to determine if any such assessment meets the requirements of clause (v). 

‘‘(iii) STATE APPROVAL.—If a State educational 

agency chooses to make a nationally-recognized high 

school assessment available for selection by a local 

educational agency under clause (i), which has not 

already been approved under this clause, such State 

educational agency shall— 

‘‘(I) conduct a review of the assessment to 

determine if such assessment meets or exceeds 

the technical criteria established by the State educational agency under clause (ii); 

‘‘(II) submit evidence in accordance with subsection (a)(4) that demonstrates such assessment 

meets the requirements of clause (v); and 

‘‘(III) after fulfilling the requirements of subclauses (I) and (II), approve such assessment for 

selection and use by any local educational agency 

that requests to use such assessment under clause 

(i). 

‘‘(iv) LOCAL EDUCATIONAL AGENCY OPTION.— 

‘‘(I) LOCAL EDUCATIONAL AGENCY.—If a local 

educational agency chooses to submit a nationallyrecognized high school academic assessment to the 

State educational agency, subject to the approval 

process described in subclause (I) and subclause 

(II) of clause (iii) to determine if such assessment 

fulfills the requirements of clause (v), the State 

educational agency may approve the use of such 

assessment consistent with clause (i). 

‘‘(II) STATE EDUCATIONAL AGENCY.—Upon such 

approval, the State educational agency shall 

approve the use of such assessment in any other 

local educational agency in the State that subsequently requests to use such assessment without 

repeating the process described in subclauses (I) 

and (II) of clause (iii). 
S. 1177—31 

‘‘(v) REQUIREMENTS.—To receive approval from the 

State educational agency under clause (iii), a locallyselected assessment shall— 

‘‘(I) be aligned to the State’s academic content 

standards under paragraph (1), address the depth 

and breadth of such standards, and be equivalent 

in its content coverage, difficulty, and quality to 

the State-designed assessments under this paragraph (and may be more rigorous in its content 

coverage and difficulty than such State-designed 

assessments); 

‘‘(II) provide comparable, valid, and reliable 

data on academic achievement, as compared to 

the State-designed assessments, for all students 

and for each subgroup of students defined in subsection (c)(2), with results expressed in terms consistent with the State’s academic achievement 

standards under paragraph (1), among all local 

educational agencies within the State; 

‘‘(III) meet the requirements for the assessments under subparagraph (B) of this paragraph, 

including technical criteria, except the requirement 

under clause (i) of such subparagraph; and 

‘‘(IV) provide unbiased, rational, and consistent differentiation between schools within the 

State to meet the requirements of subsection (c). 

‘‘(vi) PARENTAL NOTIFICATION.—A local educational 

agency shall notify the parents of high school students 

served by the local educational agency— 

‘‘(I) of its request to the State educational 

agency for approval to administer a locally-selected 

assessment; and 

‘‘(II) upon approval, and at the beginning of 

each subsequent school year during which the 

locally selected assessment will be administered, 

that the local educational agency will be administering a different assessment than the Statedesigned assessments under subclause (I)(bb) and 

subclause (II)(cc) of subparagraph (B)(v). 

‘‘(I) DEFERRAL.—A State may defer the commencement, 

or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 

1 year for each year for which the amount appropriated 

for grants under part B is less than $369,100,000. 

‘‘(J) ADAPTIVE ASSESSMENTS.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), a State 

retains the right to develop and administer computer 

adaptive assessments as the assessments described in 

this paragraph, provided the computer adaptive assessments meet the requirements of this paragraph, except 

that— 

‘‘(I) subparagraph (B)(i) shall not be interpreted to require that all students taking the computer adaptive assessment be administered the 

same assessment items; and 

‘‘(II) such assessment— 
S. 1177—32 

‘‘(aa) shall measure, at a minimum, each 

student’s academic proficiency based on the 

challenging State academic standards for the 

student’s grade level and growth toward such 

standards; and 

‘‘(bb) may measure the student’s level of 

academic proficiency and growth using items 

above or below the student’s grade level, 

including for use as part of a State’s accountability system under subsection (c). 

‘‘(ii) STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE DISABILITIES AND ENGLISH LEARNERS.—In developing and administering computer adaptive assessments— 

‘‘(I) as the assessments allowed under subparagraph (D), a State shall ensure that such computer 

adaptive assessments— 

‘‘(aa) meet the requirements of this paragraph, including subparagraph (D), except 

such assessments shall not be required to meet 

the requirements of clause (i)(II); and 

‘‘(bb) assess the student’s academic 

achievement to measure, in the subject being 

assessed, whether the student is performing 

at the student’s grade level; and 

‘‘(II) as the assessments required under 

subparagraph (G), a State shall ensure that such 

computer adaptive assessments— 

‘‘(aa) meet the requirements of this paragraph, including subparagraph (G), except 

such assessment shall not be required to meet 

the requirements of clause (i)(II); and 

‘‘(bb) assess the student’s language proficiency, which may include growth towards 

such proficiency, in order to measure the student’s acquisition of English. 

‘‘(K) RULE OF CONSTRUCTION ON PARENT RIGHTS.— 

Nothing in this paragraph shall be construed as preempting 

a State or local law regarding the decision of a parent 

to not have the parent’s child participate in the academic 

assessments under this paragraph. 

‘‘(L) LIMITATION ON ASSESSMENT TIME.—Subject to Federal or State requirements related to assessments, evaluations, and accommodations, each State may, at the sole 

discretion of such State, set a target limit on the aggregate 

amount of time devoted to the administration of assessments for each grade, expressed as a percentage of annual 

instructional hours. 

‘‘(3) EXCEPTION FOR RECENTLY ARRIVED ENGLISH

LEARNERS.— 

‘‘(A) ASSESSMENTS.—With respect to recently arrived 

English learners who have been enrolled in a school in 

one of the 50 States in the United States or the District 

of Columbia for less than 12 months, a State may choose 

to— 

‘‘(i) exclude— 
S. 1177—33 

‘‘(I) such an English learner from one administration of the reading or language arts assessment 

required under paragraph (2); and 

‘‘(II) such an English learner’s results on any 

of the assessments required under paragraph 

(2)(B)(v)(I) or (2)(G) for the first year of the English 

learner’s enrollment in such a school for the purposes of the State-determined accountability 

system under subsection (c); or 

‘‘(ii)(I) assess, and report the performance of, such 

an English learner on the reading or language arts 

and mathematics assessments required under paragraph (2)(B)(v)(I) in each year of the student’s enrollment in such a school; and 

‘‘(II) for the purposes of the State-determined 

accountability system— 

‘‘(aa) for the first year of the student’s enrollment in such a school, exclude the results on the 

assessments described in subclause (I); 

‘‘(bb) include a measure of student growth on 

the assessments described in subclause (I) in the 

second year of the student’s enrollment in such 

a school; and 

‘‘(cc) include proficiency on the assessments 

described in subclause (I) in the third year of the 

student’s enrollment in such a school, and each 

succeeding year of such enrollment. 

‘‘(B) ENGLISH LEARNER SUBGROUP.—With respect to a 

student previously identified as an English learner and 

for not more than 4 years after the student ceases to 

be identified as an English learner, a State may include 

the results of the student’s assessments under paragraph 

(2)(B)(v)(I) within the English learner subgroup of the subgroups of students (as defined in subsection (c)(2)(D)) for 

the purposes of the State-determined accountability system. 

‘‘(c) STATEWIDE ACCOUNTABILITY SYSTEM.— 

‘‘(1) IN GENERAL.—Each State plan shall describe a statewide accountability system that complies with the requirements 

of this subsection and subsection (d). 

‘‘(2) SUBGROUP OF STUDENTS.—In this subsection and subsection (d), the term ‘subgroup of students’ means— 

‘‘(A) economically disadvantaged students; 

‘‘(B) students from major racial and ethnic groups; 

‘‘(C) children with disabilities; and 

‘‘(D) English learners. 

‘‘(3) MINIMUM NUMBER OF STUDENTS.—Each State shall 

describe— 

‘‘(A) with respect to any provisions under this part 

that require disaggregation of information by each subgroup of students— 

‘‘(i) the minimum number of students that the 

State determines are necessary to be included to carry 

out such requirements and how that number is statistically sound, which shall be the same State-determined number for all students and for each subgroup 

of students in the State; 
S. 1177—34 

‘‘(ii) how such minimum number of students was 

determined by the State, including how the State 

collaborated with teachers, principals, other school 

leaders, parents, and other stakeholders when determining such minimum number; and 

‘‘(iii) how the State ensures that such minimum 

number is sufficient to not reveal any personally identifiable information. 

‘‘(4) DESCRIPTION OF SYSTEM.—The statewide accountability 

system described in paragraph (1) shall be based on the challenging State academic standards for reading or language arts 

and mathematics described in subsection (b)(1) to improve student academic achievement and school success. In designing 

such system to meet the requirements of this part, the State 

shall carry out the following: 

‘‘(A) ESTABLISHMENT OF LONG-TERM GOALS.—Establish 

ambitious State-designed long-term goals, which shall 

include measurements of interim progress toward meeting 

such goals— 

‘‘(i) for all students and separately for each subgroup of students in the State— 

‘‘(I) for, at a minimum, improved— 

‘‘(aa) academic achievement, as measured 

by proficiency on the annual assessments 

required under subsection (b)(2)(B)(v)(I); and 

‘‘(bb) high school graduation rates, 

including— 

‘‘(AA) the four-year adjusted cohort 

graduation rate; and 

‘‘(BB) at the State’s discretion, the 

extended-year adjusted cohort graduation 

rate, except that the State shall set a 

more rigorous long-term goal for such 

graduation rate, as compared to the longterm goal set for the four-year adjusted 

cohort graduation rate; 

‘‘(II) for which the term set by the State for 

such goals is the same multi-year length of time 

for all students and for each subgroup of students 

in the State; and 

‘‘(III) that, for subgroups of students who are 

behind on the measures described in items (aa) 

and (bb) of subclause (I), take into account the 

improvement necessary on such measures to make 

significant progress in closing statewide proficiency 

and graduation rate gaps; and 

‘‘(ii) for English learners, for increases in the 

percentage of such students making progress in 

achieving English language proficiency, as defined by 

the State and measured by the assessments described 

in subsection (b)(2)(G), within a State-determined 

timeline. 

‘‘(B) INDICATORS.—Except for the indicator described 

in clause (iv), annually measure, for all students and separately for each subgroup of students, the following indicators: 
S. 1177—35 

‘‘(i) For all public schools in the State, based on 

the long-term goals established under subparagraph 

(A), academic achievement— 

‘‘(I) as measured by proficiency on the annual 

assessments required under subsection 

(b)(2)(B)(v)(I); and 

‘‘(II) at the State’s discretion, for each public 

high school in the State, student growth, as measured by such annual assessments. 

‘‘(ii) For public elementary schools and secondary 

schools that are not high schools in the State— 

‘‘(I) a measure of student growth, if determined 

appropriate by the State; or 

‘‘(II) another valid and reliable statewide academic indicator that allows for meaningful differentiation in school performance. 

‘‘(iii) For public high schools in the State, and 

based on State-designed long term goals established 

under subparagraph (A)— 

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

rate; and 

‘‘(II) at the State’s discretion, the extendedyear adjusted cohort graduation rate. 

‘‘(iv) For public schools in the State, progress in 

achieving English language proficiency, as defined by 

the State and measured by the assessments described 

in subsection (b)(2)(G), within a State-determined 

timeline for all English learners— 

‘‘(I) in each of the grades 3 through 8; and 

‘‘(II) in the grade for which such English 

learners are otherwise assessed under subsection 

(b)(2)(B)(v)(I) during the grade 9 through grade 

12 period, with such progress being measured 

against the results of the assessments described 

in subsection (b)(2)(G) taken in the previous grade. 

‘‘(v)(I) For all public schools in the State, not less 

than one indicator of school quality or student success 

that— 

‘‘(aa) allows for meaningful differentiation in 

school performance; 

‘‘(bb) is valid, reliable, comparable, and statewide (with the same indicator or indicators used 

for each grade span, as such term is determined 

by the State); and 

‘‘(cc) may include one or more of the measures 

described in subclause (II). 

‘‘(II) For purposes of subclause (I), the State may 

include measures of— 

‘‘(III) student engagement; 

‘‘(IV) educator engagement; 

‘‘(V) student access to and completion of 

advanced coursework; 

‘‘(VI) postsecondary readiness; 

‘‘(VII) school climate and safety; and 

‘‘(VIII) any other indicator the State chooses 

that meets the requirements of this clause. 
S. 1177—36 

‘‘(C) ANNUAL MEANINGFUL DIFFERENTIATION.—Establish a system of meaningfully differentiating, on an annual 

basis, all public schools in the State, which shall— 

‘‘(i) be based on all indicators in the State’s 

accountability system under subparagraph (B), for all 

students and for each of subgroup of students, consistent with the requirements of such subparagraph; 

‘‘(ii) with respect to the indicators described in 

clauses (i) through (iv) of subparagraph (B) afford— 

‘‘(I) substantial weight to each such indicator; 

and 

‘‘(II) in the aggregate, much greater weight 

than is afforded to the indicator or indicators utilized by the State and described in subparagraph 

(B)(v), in the aggregate; and 

‘‘(iii) include differentiation of any such school in 

which any subgroup of students is consistently underperforming, as determined by the State, based on all 

indicators under subparagraph (B) and the system 

established under this subparagraph. 

‘‘(D) IDENTIFICATION OF SCHOOLS.—Based on the 

system of meaningful differentiation described in subparagraph (C), establish a State-determined methodology to 

identify— 

‘‘(i) beginning with school year 2017–2018, and 

at least once every three school years thereafter, one 

statewide category of schools for comprehensive support and improvement, as described in subsection 

(d)(1), which shall include— 

‘‘(I) not less than the lowest-performing 5 percent of all schools receiving funds under this part 

in the State; 

‘‘(II) all public high schools in the State failing 

to graduate one third or more of their students; 

and 

‘‘(III) public schools in the State described 

under subsection (d)(3)(A)(i)(II); and 

‘‘(ii) at the discretion of the State, additional statewide categories of schools. 

‘‘(E) ANNUAL MEASUREMENT OF ACHIEVEMENT.—(i) 

Annually measure the achievement of not less than 95 

percent of all students, and 95 percent of all students 

in each subgroup of students, who are enrolled in public 

schools on the assessments described under subsection 

(b)(2)(v)(I). 

‘‘(ii) For the purpose of measuring, calculating, and 

reporting on the indicator described in subparagraph (B)(i), 

include in the denominator the greater of— 

‘‘(I) 95 percent of all such students, or 95 percent 

of all such students in the subgroup, as the case may 

be; or 

‘‘(II) the number of students participating in the 

assessments. 

‘‘(iii) Provide a clear and understandable explanation 

of how the State will factor the requirement of clause 

(i) of this subparagraph into the statewide accountability 

system. 
S. 1177—37 

‘‘(F) PARTIAL ATTENDANCE.—(i) In the case of a student 

who has not attended the same school within a local educational agency for at least half of a school year, the 

performance of such student on the indicators described 

in clauses (i), (ii), (iv), and (v) of subparagraph (B)— 

‘‘(I) may not be used in the system of meaningful 

differentiation of all public schools as described in 

subparagraph (C) for such school year; and 

‘‘(II) shall be used for the purpose of reporting 

on the State and local educational agency report cards 

under subsection (h) for such school year. 

‘‘(ii) In the case of a high school student who has 

not attended the same school within a local educational 

agency for at least half of a school year and has exited 

high school without a regular high school diploma and 

without transferring to another high school that grants 

a regular high school diploma during such school year, 

the local educational agency shall, in order to calculate 

the graduation rate pursuant to subparagraph (B)(iii), 

assign such student to the high school— 

‘‘(I) at which such student was enrolled for the 

greatest proportion of school days while enrolled in 

grades 9 through 12; or 

‘‘(II) in which the student was most recently 

enrolled. 

‘‘(5) ACCOUNTABILITY FOR CHARTER SCHOOLS.—The accountability provisions under this Act shall be overseen for charter 

schools in accordance with State charter school law. 

‘‘(d) SCHOOL SUPPORT AND IMPROVEMENT ACTIVITIES.— 

‘‘(1) COMPREHENSIVE SUPPORT AND IMPROVEMENT.— 

‘‘(A) IN GENERAL.—Each State educational agency 

receiving funds under this part shall notify each local educational agency in the State of any school served by the 

local educational agency that is identified for comprehensive support and improvement under subsection (c)(4)(D)(i). 

‘‘(B) LOCAL EDUCATIONAL AGENCY ACTION.—Upon 

receiving such information from the State, the local educational agency shall, for each school identified by the 

State and in partnership with stakeholders (including principals and other school leaders, teachers, and parents), 

locally develop and implement a comprehensive support 

and improvement plan for the school to improve student 

outcomes, that— 

‘‘(i) is informed by all indicators described in subsection (c)(4)(B), including student performance against 

State-determined long-term goals; 

‘‘(ii) includes evidence-based interventions; 

‘‘(iii) is based on a school-level needs assessment; 

‘‘(iv) identifies resource inequities, which may 

include a review of local educational agency and schoollevel budgeting, to be addressed through implementation of such comprehensive support and improvement 

plan; 

‘‘(v) is approved by the school, local educational 

agency, and State educational agency; and 
S. 1177—38 

‘‘(vi) upon approval and implementation, is monitored and periodically reviewed by the State educational agency. 

‘‘(C) STATE EDUCATIONAL AGENCY DISCRETION.—With 

respect to any high school in the State identified under 

subsection (c)(4)(D)(i)(II), the State educational agency 

may— 

‘‘(i) permit differentiated improvement activities 

that utilize evidence-based interventions in the case 

of such a school that predominantly serves students— 

‘‘(I) returning to education after having exited 

secondary school without a regular high school 

diploma; or 

‘‘(II) who, based on their grade or age, are 

significantly off track to accumulate sufficient academic credits to meet high school graduation 

requirements, as established by the State; and 

‘‘(ii) in the case of such a school that has a total 

enrollment of less than 100 students, permit the local 

educational agency to forego implementation of 

improvement activities required under this paragraph. 

‘‘(D) PUBLIC SCHOOL CHOICE.— ‘‘(i) IN GENERAL.—A local educational agency may 

provide all students enrolled in a school identified by 

the State for comprehensive support and improvement 

under subsection (c)(4)(D)(i) with the option to transfer 

to another public school served by the local educational 

agency, unless such an option is prohibited by State 

law. 

‘‘(ii) PRIORITY.—In providing students the option 

to transfer to another public school, the local educational agency shall give priority to the lowestachieving children from low-income families, as determined by the local educational agency for the purposes 

of allocating funds to schools under section 1113(a)(3). 

‘‘(iii) TREATMENT.—A student who uses the option 

to transfer to another public school shall be enrolled 

in classes and other activities in the public school 

to which the student transfers in the same manner 

as all other students at the public school. 

‘‘(iv) SPECIAL RULE.—A local educational agency 

shall permit a student who transfers to another public 

school under this paragraph to remain in that school 

until the student has completed the highest grade in 

that school. 

‘‘(v) FUNDING FOR TRANSPORTATION.—A local educational agency may spend an amount equal to not 

more than 5 percent of its allocation under subpart 

2 of this part to pay for the provision of transportation 

for students who transfer under this paragraph to the 

public schools to which the students transfer. 

‘‘(2) TARGETED SUPPORT AND IMPROVEMENT.— ‘‘(A) IN GENERAL.—Each State educational agency 

receiving funds under this part shall, using the meaningful 

differentiation of schools described in subsection (c)(4)(C)— 

‘‘(i) notify each local educational agency in the 

State of any school served by the local educational 
S. 1177—39 

agency in which any subgroup of students is consistently underperforming, as described in subsection 

(c)(4)(C)(iii); and 

‘‘(ii) ensure such local educational agency provides 

notification to such school with respect to which subgroup or subgroups of students in such school are 

consistently underperforming as described in subsection (c)(4)(C)(iii). 

‘‘(B) TARGETED SUPPORT AND IMPROVEMENT PLAN.— 

Each school receiving a notification described in this paragraph, in partnership with stakeholders (including principals and other school leaders, teachers and parents), shall 

develop and implement a school-level targeted support and 

improvement plan to improve student outcomes based on 

the indicators in the statewide accountability system established under subsection (c)(4), for each subgroup of students 

that was the subject of notification that— 

‘‘(i) is informed by all indicators described in subsection (c)(4)(B), including student performance against 

long-term goals; 

‘‘(ii) includes evidence-based interventions; 

‘‘(iii) is approved by the local educational agency 

prior to implementation of such plan; 

‘‘(iv) is monitored, upon submission and 

implementation, by the local educational agency; and 

‘‘(v) results in additional action following 

unsuccessful implementation of such plan after a 

number of years determined by the local educational 

agency. 

‘‘(C) ADDITIONAL TARGETED SUPPORT.—A plan described 

in subparagraph (B) that is developed and implemented 

in any school receiving a notification under this paragraph 

from the local educational agency in which any subgroup 

of students, on its own, would lead to identification under 

subsection (c)(4)(D)(i)(I) using the State’s methodology 

under subsection (c)(4)(D) shall also identify resource 

inequities (which may include a review of local educational 

agency and school level budgeting), to be addressed through 

implementation of such plan. 

‘‘(D) SPECIAL RULE.—The State educational agency, 

based on the State’s differentiation of schools under subsection (c)(4)(C) for school year 2017–2018, shall notify 

local educational agencies of any schools served by the 

local educational agency in which any subgroup of students, 

on its own, would lead to identification under subsection 

(c)(4)(D)(i)(I) using the State’s methodology under subsection (c)(4)(D), after which notification of such schools 

under this paragraph shall result from differentiation of 

schools pursuant to subsection (c)(4)(C)(iii). 

‘‘(3) CONTINUED SUPPORT FOR SCHOOL AND LOCAL EDUCATIONAL AGENCY IMPROVEMENT.—To ensure continued 

progress to improve student academic achievement and school 

success in the State, the State educational agency— 

‘‘(A) shall— 

‘‘(i) establish statewide exit criteria for— 
S. 1177—40 

‘‘(I) schools identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i), which, if not satisfied within 

a State-determined number of years (not to exceed 

four years), shall result in more rigorous Statedetermined action, such as the implementation of 

interventions (which may include addressing 

school-level operations); and 

‘‘(II) schools described in paragraph (2)(C), 

which, if not satisfied within a State-determined 

number of years, shall, in the case of such schools 

receiving assistance under this part, result in 

identification of the school by the State for comprehensive support and improvement under subsection (c)(4)(D)(i)(III); 

‘‘(ii) periodically review resource allocation to support school improvement in each local educational 

agency in the State serving— 

‘‘(I) a significant number of schools identified 

for comprehensive support and improvement under 

subsection (c)(4)(D)(i); and 

‘‘(II) a significant number of schools implementing targeted support and improvement plans 

under paragraph (2); and 

‘‘(iii) provide technical assistance to each local educational agency in the State serving a significant 

number of— 

‘‘(I) schools implementing comprehensive support and improvement plans under paragraph (1); 

or 

‘‘(II) schools implementing targeted support 

and improvement plans under paragraph (2); and 

‘‘(B) may— 

‘‘(i) take action to initiate additional improvement 

in any local educational agency with— 

‘‘(I) a significant number of schools that are 

consistently identified by the State for comprehensive support and improvement under subsection 

(c)(4)(D)(i) and not meeting exit criteria established 

by the State under subparagraph (A)(i)(I); or 

‘‘(II) a significant number of schools implementing targeted support and improvement plans 

under paragraph (2); and 

‘‘(ii) consistent with State law, establish alternative 

evidence-based State determined strategies that can 

be used by local educational agencies to assist a school 

identified for comprehensive support and improvement 

under subsection (c)(4)(D)(i). 

‘‘(4) RULE OF CONSTRUCTION FOR COLLECTIVE BARGAINING.— Nothing in this subsection shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to 

school or local educational agency employees under Federal, 

State, or local laws (including applicable regulations or court 

orders) or under the terms of collective bargaining agreements, 

memoranda of understanding, or other agreements between 

such employers and their employees. 

‘‘(e) PROHIBITION.— 
S. 1177—41 

‘‘(1) IN GENERAL.—Nothing in this Act shall be construed 

to authorize or permit the Secretary— 

‘‘(A) when promulgating any rule or regulation, to 

promulgate any rule or regulation on the development or 

implementation of the statewide accountability system 

established under this section that would— 

‘‘(i) add new requirements that are inconsistent 

with or outside the scope of this part; 

‘‘(ii) add new criteria that are inconsistent with 

or outside the scope of this part; or 

‘‘(iii) be in excess of statutory authority granted 

to the Secretary; 

‘‘(B) as a condition of approval of the State plan, or 

revisions or amendments to, the State plan, or approval 

of a waiver request submitted under section 8401, to— 

‘‘(i) require a State to add any requirements that 

are inconsistent with or outside the scope of this part; 

‘‘(ii) require a State to add or delete one or more 

specific elements of the challenging State academic 

standards; or 

‘‘(iii) prescribe— 

‘‘(I) numeric long-term goals or measurements 

of interim progress that States establish for all 

students, for any subgroups of students, and for 

English learners with respect to English language 

proficiency, under this part, including— 

‘‘(aa) the length of terms set by States 

in designing such goals; or 

‘‘(bb) the progress expected from any subgroups of students in meeting such goals; 

‘‘(II) specific academic assessments or assessment items that States or local educational agencies use to meet the requirements of subsection 

(b)(2) or otherwise use to measure student academic achievement or student growth under this 

part; 

‘‘(III) indicators that States use within the 

State accountability system under this section, 

including any requirement to measure student 

growth, or, if a State chooses to measure student 

growth, the specific metrics used to measure such 

growth under this part; 

‘‘(IV) the weight of any measure or indicator 

used to identify or meaningfully differentiate 

schools, under this part; 

‘‘(V) the specific methodology used by States 

to meaningfully differentiate or identify schools 

under this part; 

‘‘(VI) any specific school support and improvement strategies or activities that State or local 

educational agencies establish and implement to 

intervene in, support, and improve schools and 

improve student outcomes under this part; 

‘‘(VII) exit criteria established by States under 

subsection (d)(3)(A)(i); 

‘‘(VIII) provided that the State meets the 

requirements in subsection (c)(3), a minimum 
S. 1177—42 

number of students established by a State under 

such subsection; 

‘‘(IX) any aspect or parameter of a teacher, 

principal, or other school leader evaluation system 

within a State or local educational agency; 

‘‘(X) indicators or specific measures of teacher, 

principal, or other school leader effectiveness or 

quality; or 

‘‘(XI) the way in which the State factors the 

requirement under subsection (c)(4)(E)(i) into the 

statewide accountability system under this section; 

or 

‘‘(C) to issue new non-regulatory guidance that— 

‘‘(i) in seeking to provide explanation of requirements under this section for State or local educational 

agencies, either in response to requests for information 

or in anticipation of such requests, provides a strictly 

limited or exhaustive list to illustrate successful 

implementation of provisions under this section; or 

‘‘(ii) purports to be legally binding; or 

‘‘(D) to require data collection under this part beyond 

data derived from existing Federal, State, and local 

reporting requirements. 

‘‘(2) DEFINING TERMS.—In carrying out this part, the Secretary shall not, through regulation or as a condition of approval 

of the State plan or revisions or amendments to the State 

plan, promulgate a definition of any term used in this part, 

or otherwise prescribe any specification for any such term, 

that is inconsistent with or outside the scope of this part 

or is in violation of paragraph (1). 

‘‘(f) EXISTING STATE LAW.—Nothing in this section shall be 

construed to alter any State law or regulation granting parents 

authority over schools that repeatedly failed to make adequate 

yearly progress under this part, as in effect on the day before 

the date of the enactment of the Every Student Succeeds Act. 

‘‘(g) OTHER PLAN PROVISIONS.— 

‘‘(1) DESCRIPTIONS.—Each State plan shall describe— 

‘‘(A) how the State will provide assistance to local 

educational agencies and individual elementary schools 

choosing to use funds under this part to support early 

childhood education programs; 

‘‘(B) how low-income and minority children enrolled 

in schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, or inexperienced teachers, and the measures the State educational 

agency will use to evaluate and publicly report the progress 

of the State educational agency with respect to such 

description (except that nothing in this subparagraph shall 

be construed as requiring a State to develop or implement 

a teacher, principal, or other school leader evaluation 

system); 

‘‘(C) how the State educational agency will support 

local educational agencies receiving assistance under this 

part to improve school conditions for student learning, 

including through reducing— 

‘‘(i) incidences of bullying and harassment; 
S. 1177—43 

‘‘(ii) the overuse of discipline practices that remove 

students from the classroom; and 

‘‘(iii) the use of aversive behavioral interventions 

that compromise student health and safety; 

‘‘(D) how the State will support local educational agencies receiving assistance under this part in meeting the 

needs of students at all levels of schooling (particularly 

students in the middle grades and high school), including 

how the State will work with such local educational agencies to provide effective transitions of students to middle 

grades and high school to decrease the risk of students 

dropping out; 

‘‘(E) the steps a State educational agency will take 

to ensure collaboration with the State agency responsible 

for administering the State plans under parts B and E 

of title IV of the Social Security Act (42 U.S.C. 621 et 

seq. and 670 et seq.) to ensure the educational stability 

of children in foster care, including assurances that— 

‘‘(i) any such child enrolls or remains in such child’s 

school of origin, unless a determination is made that 

it is not in such child’s best interest to attend the 

school of origin, which decision shall be based on all 

factors relating to the child’s best interest, including 

consideration of the appropriateness of the current educational setting and the proximity to the school in 

which the child is enrolled at the time of placement; 

‘‘(ii) when a determination is made that it is not 

in such child’s best interest to remain in the school 

of origin, the child is immediately enrolled in a new 

school, even if the child is unable to produce records 

normally required for enrollment; 

‘‘(iii) the enrolling school shall immediately contact 

the school last attended by any such child to obtain 

relevant academic and other records; and 

‘‘(iv) the State educational agency will designate 

an employee to serve as a point of contact for child 

welfare agencies and to oversee implementation of the 

State agency responsibilities required under this 

subparagraph, and such point of contact shall not be 

the State’s Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the 

McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11432(d)(3)); 

‘‘(F) how the State educational agency will provide 

support to local educational agencies in the identification, 

enrollment, attendance, and school stability of homeless 

children and youths; and 

‘‘(G) such other factors the State educational agency 

determines appropriate to provide students an opportunity 

to achieve the knowledge and skills described in the challenging State academic standards. 

‘‘(2) ASSURANCES.—Each State plan shall contain assurances that— 

‘‘(A) the State will make public any methods or criteria 

the State is using to measure teacher, principal, or other 

school leader effectiveness for the purpose of meeting the 

requirements described in paragraph (1)(B); 
S. 1177—44 

‘‘(B) the State educational agency will notify local educational agencies, Indian tribes and tribal organizations, 

schools, teachers, parents, and the public of the challenging 

State academic standards, academic assessments, and 

State accountability system, developed under this section; 

‘‘(C) the State educational agency will assist each local 

educational agency and school affected by the State plan 

to meet the requirements of this part; 

‘‘(D) the State will participate in the biennial State 

academic assessments in reading and mathematics in 

grades 4 and 8 of the National Assessment of Educational 

Progress carried out under section 303(b)(3) of the National 

Assessment of Educational Progress Authorization Act (20 

U.S.C. 9622(b)(3)) if the Secretary pays the costs of administering such assessments; 

‘‘(E) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools 

can easily consolidate funds from other Federal, State, 

and local sources to improve educational opportunities and 

reduce unnecessary fiscal and accounting requirements; 

‘‘(F) the State educational agency will support the 

collection and dissemination to local educational agencies 

and schools of effective parent and family engagement 

strategies, including those included in the parent and 

family engagement policy under section 1116; 

‘‘(G) the State educational agency will provide the least 

restrictive and burdensome regulations for local educational 

agencies and individual schools participating in a program 

assisted under this part; 

‘‘(H) the State educational agency will ensure that 

local educational agencies, in developing and implementing 

programs under this part, will, to the extent feasible, work 

in consultation with outside intermediary organizations 

(such as educational service agencies), or individuals, that 

have practical expertise in the development or use of evidence-based strategies and programs to improve teaching, 

learning, and schools; 

‘‘(I) the State educational agency has appropriate procedures and safeguards in place to ensure the validity of 

the assessment process; 

‘‘(J) the State educational agency will ensure that all 

teachers and paraprofessionals working in a program supported with funds under this part meet applicable State 

certification and licensure requirements, including any 

requirements for certification obtained through alternative 

routes to certification; 

‘‘(K) the State educational agency will coordinate activities funded under this part with other Federal activities 

as appropriate; 

‘‘(L) the State educational agency has involved the 

committee of practitioners established under section 

1603(b) in developing the plan and monitoring its 

implementation; 

‘‘(M) the State has professional standards for paraprofessionals working in a program supported with funds 

under this part, including qualifications that were in place 
S. 1177—45 

on the day before the date of enactment of the Every 

Student Succeeds Act; and 

‘‘(N) the State educational agency will provide the 

information described in clauses (ii), (iii), and (vii) of subsection (h)(1)(C) to the public in an easily accessible and 

user-friendly manner that can be cross-tabulated by, at 

a minimum, each major racial and ethnic group, gender, 

English proficiency status, and children with or without 

disabilities, which— 

‘‘(i) may be accomplished by including such 

information on the annual State report card described 

subsection (h)(1)(C); and 

‘‘(ii) shall be presented in a manner that— 

‘‘(I) is first anonymized and does not reveal 

personally identifiable information about an individual student; 

‘‘(II) does not include a number of students 

in any subgroup of students that is insufficient 

to yield statistically reliable information or that 

would reveal personally identifiable information 

about an individual student; and 

‘‘(III) is consistent with the requirements of 

section 444 of the General Education Provisions 

Act (20 U.S.C. 1232g, commonly known as the 

‘Family Educational Rights and Privacy Act of 

1974’). 

‘‘(3) RULES OF CONSTRUCTION.—Nothing in paragraph (2)(N) 

shall be construed to— 

‘‘(A) require groups of students obtained by any entity 

that cross-tabulates the information provided under such 

paragraph to be considered subgroups of students, as 

defined in subsection (c)(2), for the purposes of the State 

accountability system under subsection (c); or 

‘‘(B) require or prohibit States or local educational 

agencies from publicly reporting data in a cross-tabulated 

manner, in order to meet the requirements of paragraph 

(2)(N). 

‘‘(4) TECHNICAL ASSISTANCE.—Upon request by a State educational agency, the Secretary shall provide technical assistance 

to such agency to— 

‘‘(A) meet the requirements of paragraph (2)(N); or 

‘‘(B) in the case of a State educational agency choosing, 

at its sole discretion, to disaggregate data described in 

clauses (ii) and (iii)(II) of subsection (h)(1)(C) for Asian 

and Native Hawaiian or Pacific Islander students using 

the same race response categories as the decennial census 

of the population, assist such State educational agency 

in such disaggregation and in using such data to improve 

academic outcomes for such students. 

‘‘(h) REPORTS.— ‘‘(1) ANNUAL STATE REPORT CARD.— ‘‘(A) IN GENERAL.—A State that receives assistance 

under this part shall prepare and disseminate widely to 

the public an annual State report card for the State as 

a whole that meets the requirements of this paragraph. 

‘‘(B) IMPLEMENTATION.—The State report card required 

under this paragraph shall be— 
S. 1177—46 

‘‘(i) concise; 

‘‘(ii) presented in an understandable and uniform 

format that is developed in consultation with parents 

and, to the extent practicable, in a language that parents can understand; and 

‘‘(iii) widely accessible to the public, which shall 

include making available on a single webpage of the 

State educational agency’s website, the State report 

card, all local educational agency report cards for each 

local educational agency in the State required under 

paragraph (2), and the annual report to the Secretary 

under paragraph (5). 

‘‘(C) MINIMUM REQUIREMENTS.—Each State report card 

required under this subsection shall include the following 

information: 

‘‘(i) A clear and concise description of the State’s 

accountability system under subsection (c), including— 

‘‘(I) the minimum number of students that 

the State determines are necessary to be included 

in each of the subgroups of students, as defined 

in subsection (c)(2), for use in the accountability 

system; 

‘‘(II) the long-term goals and measurements 

of interim progress for all students and for each 

of the subgroups of students, as defined in subsection (c)(2); 

‘‘(III) the indicators described in subsection 

(c)(4)(B) used to meaningfully differentiate all 

public schools in the State; 

‘‘(IV) the State’s system for meaningfully differentiating all public schools in the State, 

including— 

‘‘(aa) the specific weight of the indicators 

described in subsection (c)(4)(B) in such differentiation; 

‘‘(bb) the methodology by which the State 

differentiates all such schools; 

‘‘(cc) the methodology by which the State 

differentiates a school as consistently underperforming for any subgroup of students 

described in section (c)(4)(C)(iii), including the 

time period used by the State to determine 

consistent underperformance; and 

‘‘(dd) the methodology by which the State 

identifies a school for comprehensive support 

and improvement as required under subsection (c)(4)(D)(i); 

‘‘(V) the number and names of all public 

schools in the State identified by the State for 

comprehensive support and improvement under 

subsection (c)(4)(D)(i) or implementing targeted 

support and improvement plans under subsection 

(d)(2); and 

‘‘(VI) the exit criteria established by the State 

as required under clause (i) of subsection (d)(3)(A), 

including the length of years established under 

clause (i)(II) of such subsection. 
S. 1177—47 

‘‘(ii) For all students and disaggregated by each 

subgroup of students described in subsection 

(b)(2)(B)(xi), homeless status, status as a child in foster 

care, and status as a student with a parent who is 

a member of the Armed Forces (as defined in section 

101(a)(4) of title 10, United States Code) on active 

duty (as defined in section 101(d)(5) of such title), 

information on student achievement on the academic 

assessments described in subsection (b)(2) at each level 

of achievement, as determined by the State under subsection (b)(1). 

‘‘(iii) For all students and disaggregated by each 

of the subgroups of students, as defined in subsection 

(c)(2), and for purposes of subclause (II) of this clause, 

homeless status and status as a child in foster care— 

‘‘(I) information on the performance on the 

other academic indicator under subsection 

(c)(4)(B)(ii) for public elementary schools and secondary schools that are not high schools, used 

by the State in the State accountability system; 

and 

‘‘(II) high school graduation rates, including 

four-year adjusted cohort graduation rates and, 

at the State’s discretion, extended-year adjusted 

cohort graduation rates. 

‘‘(iv) Information on the number and percentage 

of English learners achieving English language proficiency. 

‘‘(v) For all students and disaggregated by each 

of the subgroups of students, as defined in subsection 

(c)(2), information on the performance on the other 

indicator or indicators of school quality or student success under subsection (c)(4)(B)(v) used by the State 

in the State accountability system. 

‘‘(vi) Information on the progress of all students 

and each subgroup of students, as defined in subsection 

(c)(2), toward meeting the State-designed long term 

goals under subsection (c)(4)(A), including the progress 

of all students and each such subgroup of students 

against the State measurements of interim progress 

established under such subsection. 

‘‘(vii) For all students and disaggregated by each 

subgroup of students described in subsection 

(b)(2)(B)(xi), the percentage of students assessed and 

not assessed. 

‘‘(viii) Information submitted by the State educational agency and each local educational agency in 

the State, in accordance with data collection conducted 

pursuant to section 203(c)(1) of the Department of Education Organization Act (20 U.S.C. 3413(c)(1)), on— 

‘‘(I) measures of school quality, climate, and 

safety, including rates of in-school suspensions, 

out-of-school suspensions, expulsions, schoolrelated arrests, referrals to law enforcement, 

chronic absenteeism (including both excused and 

unexcused absences), incidences of violence, 

including bullying and harassment; and 
S. 1177—48 

‘‘(II) the number and percentage of students 

enrolled in— 

‘‘(aa) preschool programs; and 

‘‘(bb) accelerated coursework to earn postsecondary credit while still in high school, such 

as Advanced Placement and International 

Baccalaureate courses and examinations, and 

dual or concurrent enrollment programs. 

‘‘(ix) The professional qualifications of teachers in 

the State, including information (that shall be presented in the aggregate and disaggregated by highpoverty compared to low-poverty schools) on the 

number and percentage of— 

‘‘(I) inexperienced teachers, principals, and 

other school leaders; 

‘‘(II) teachers teaching with emergency or 

provisional credentials; and 

‘‘(III) teachers who are not teaching in the 

subject or field for which the teacher is certified 

or licensed. 

‘‘(x) The per-pupil expenditures of Federal, State, 

and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, 

State, and local funds, disaggregated by source of 

funds, for each local educational agency and each 

school in the State for the preceding fiscal year. 

‘‘(xi) The number and percentages of students with 

the most significant cognitive disabilities who take an 

alternate assessment under subsection (b)(2)(D), by 

grade and subject. 

‘‘(xii) Results on the State academic assessments 

in reading and mathematics in grades 4 and 8 of 

the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act (20 

U.S.C. 9622(b)(3)), compared to the national average 

of such results. 

‘‘(xiii) Where available, for each high school in 

the State, and beginning with the report card prepared 

under this paragraph for 2017, the cohort rate (in 

the aggregate, and disaggregated for each subgroup 

of students defined in subsection (c)(2)), at which students who graduate from the high school enroll, for 

the first academic year that begins after the students’ 

graduation— 

‘‘(I) in programs of public postsecondary education in the State; and 

‘‘(II) if data are available and to the extent 

practicable, in programs of private postsecondary 

education in the State or programs of postsecondary education outside the State. 

‘‘(xiv) Any additional information that the State 

believes will best provide parents, students, and other 

members of the public with information regarding the 

progress of each of the State’s public elementary 

schools and secondary schools, which may include the 

number and percentage of students attaining career 
S. 1177—49 

and technical proficiencies (as defined by section 113(b) 

of the Carl D. Perkins Career and Technical Education 

Act of 2006 (20 U.S.C. 2323(b)) and reported by States 

only in a manner consistent with section 113(c) of 

such Act (20 U.S.C. 2323(c)). 

‘‘(D) RULES OF CONSTRUCTION.—Nothing in subparagraph (C)(viii) shall be construed as requiring— 

‘‘(i) reporting of any data that are not collected 

in accordance with section 203(c)(1) of the Department 

of Education Organization Act (20 U.S.C. 3413(c)(1); 

or 

‘‘(ii) disaggregation of any data other than as 

required under subsection (b)(2)(B)(xi). 

‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.— 

‘‘(A) PREPARATION AND DISSEMINATION.—A local educational agency that receives assistance under this part 

shall prepare and disseminate an annual local educational 

agency report card that includes information on such 

agency as a whole and each school served by the agency. 

‘‘(B) IMPLEMENTATION.—Each local educational agency 

report card shall be— 

‘‘(i) concise; 

‘‘(ii) presented in an understandable and uniform 

format, and to the extent practicable, in a language 

that parents can understand; and 

‘‘(iii) accessible to the public, which shall include— 

‘‘(I) placing such report card on the website 

of the local educational agency; and 

‘‘(II) in any case in which a local educational 

agency does not operate a website, providing the 

information to the public in another manner determined by the local educational agency. 

‘‘(C) MINIMUM REQUIREMENTS.—The State educational 

agency shall ensure that each local educational agency 

collects appropriate data and includes in the local educational agency’s annual report the information described 

in paragraph (1)(C), disaggregated in the same manner 

as required under such paragraph, except for clause (xii) 

of such paragraph, as applied to the local educational 

agency and each school served by the local educational 

agency, including— 

‘‘(i) in the case of a local educational agency, 

information that shows how students served by the 

local educational agency achieved on the academic 

assessments described in subsection (b)(2) compared 

to students in the State as a whole; 

‘‘(ii) in the case of a school, information that shows 

how the school’s students’ achievement on the academic 

assessments described in subsection (b)(2) compared 

to students served by the local educational agency 

and the State as a whole; and 

‘‘(iii) any other information that the local educational agency determines is appropriate and will best 

provide parents, students, and other members of the 

public with information regarding the progress of each 

public school served by the local educational agency, 
S. 1177—50 

whether or not such information is included in the 

annual State report card. 

‘‘(D) ADDITIONAL INFORMATION.—In the case of a local 

educational agency that issues a report card for all students, the local educational agency may include the 

information under this section as part of such report. 

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

agency or local educational agency may use public report cards 

on the performance of students, schools, local educational agencies, or the State, that were in effect prior to the date of 

enactment of the Every Student Succeeds Act for the purpose 

of this subsection, so long as any such report card is modified, 

as may be needed, to contain the information required by 

this subsection, and protects the privacy of individual students. 

‘‘(4) COST REDUCTION.—Each State educational agency and 

local educational agency receiving assistance under this part 

shall, wherever possible, take steps to reduce data collection 

costs and duplication of effort by obtaining the information 

required under this subsection through existing data collection 

efforts. 

‘‘(5) ANNUAL STATE REPORT TO THE SECRETARY.—Each State 

educational agency receiving assistance under this part shall 

report annually to the Secretary, and make widely available 

within the State— 

‘‘(A) information on the achievement of students on 

the academic assessments required by subsection (b)(2), 

including the disaggregated results for the subgroups of 

students as defined in subsection (c)(2); 

‘‘(B) information on the acquisition of English proficiency by English learners; 

‘‘(C) the number and names of each public school in 

the State— 

‘‘(i) identified for comprehensive support and 

improvement under subsection (c)(4)(D)(i); and 

‘‘(ii) implementing targeted support and improvement plans under subsection (d)(2); and 

‘‘(D) information on the professional qualifications of 

teachers in the State, including information on the number 

and the percentage of the following teachers: 

‘‘(i) Inexperienced teachers. 

‘‘(ii) Teachers teaching with emergency or provisional credentials. 

‘‘(iii) Teachers who are not teaching in the subject 

or field for which the teacher is certified or licensed. 

‘‘(6) REPORT TO CONGRESS.—The Secretary shall transmit 

annually to the Committee on Education and the Workforce 

of the House of Representatives and the Committee on Health, 

Education, Labor, and Pensions of the Senate a report that 

provides national and State-level data on the information collected under paragraph (5). Such report shall be submitted 

through electronic means only. 

‘‘(i) PRIVACY.— ‘‘(1) IN GENERAL.—Information collected or disseminated 

under this section (including any information collected for or 

included in the reports described in subsection (h)) shall be 

collected and disseminated in a manner that protects the privacy of individuals consistent with section 444 of the General 
S. 1177—51 

Education Provisions Act (20 U.S.C. 1232g, commonly known 

as the ‘Family Educational Rights and Privacy Act of 1974’) 

and this Act. 

‘‘(2) SUFFICIENCY.—The reports described in subsection (h) 

shall only include data that are sufficient to yield statistically 

reliable information. 

‘‘(3) DISAGGREGATION.—Disaggregation under this section 

shall not be required if such disaggregation will reveal personally identifiable information about any student, teacher, principal, or other school leader, or will provide data that are 

insufficient to yield statistically reliable information. 

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

enter into a voluntary partnership with another State to develop 

and implement the challenging State academic standards and 

assessments required under this section, except that the Secretary 

shall not attempt to influence, incentivize, or coerce State— 

‘‘(1) adoption of the Common Core State Standards developed under the Common Core State Standards Initiative or 

any other academic standards common to a significant number 

of States, or assessments tied to such standards; or 

‘‘(2) participation in such partnerships. 

‘‘(k) SPECIAL RULE WITH RESPECT TO BUREAU-FUNDED

SCHOOLS.—In determining the assessments to be used by each 

school operated or funded by the Bureau of Indian Education 

receiving funds under this part, the following shall apply until 

the requirements of section 8204(c) have been met: 

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

which it is operating shall use the assessments and other 

academic indicators the State has developed and implemented 

to meet the requirements of this section, or such other appropriate assessment and academic indicators as approved by the 

Secretary of the Interior. 

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

accrediting organization (in consultation with and with the 

approval of the Secretary of the Interior, and consistent with 

assessments and academic indicators adopted by other schools 

in the same State or region) shall adopt an appropriate assessment and other academic indicators that meet the requirements 

of this section. 

‘‘(3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment and other academic indicators developed by such agency 

or division, except that the Secretary of the Interior shall 

ensure that such assessment and academic indicators meet 

the requirements of this section. 

‘‘(l) CONSTRUCTION.—Nothing in this part shall be construed 

to prescribe the use of the academic assessments described in 

this part for student promotion or graduation purposes.’’. 

SEC. 1006. LOCAL EDUCATIONAL AGENCY PLANS. 

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

‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

‘‘(a) PLANS REQUIRED.— 

‘‘(1) SUBGRANTS.—A local educational agency may receive 

a subgrant under this part for any fiscal year only if such 

agency has on file with the State educational agency a plan, 

approved by the State educational agency, that— 
S. 1177—52 

‘‘(A) is developed with timely and meaningful consultation with teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, 

charter school leaders (in a local educational agency that 

has charter schools), administrators (including administrators of programs described in other parts of this title), 

other appropriate school personnel, and with parents of 

children in schools served under this part; and 

‘‘(B) as appropriate, is coordinated with other programs 

under this Act, the Individuals with Disabilities Education 

Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 

1973 (20 U.S.C. 701 et seq.), the Carl D. Perkins Career 

and Technical Education Act of 2006 (20 U.S.C. 2301 et 

seq.), the Workforce Innovation and Opportunity Act (29 

U.S.C. 3101 et seq.), the Head Start Act (42 U.S.C. 9831 

et seq.), the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11301 et seq.), the Adult Education and Family 

Literacy Act (29 U.S.C. 3271 et seq.), and other Acts as 

appropriate. 

‘‘(2) CONSOLIDATED APPLICATION.—The plan may be submitted as part of a consolidated application under section 8305. 

‘‘(3) STATE APPROVAL.— 

‘‘(A) IN GENERAL.—Each local educational agency plan 

shall be filed according to a schedule established by the 

State educational agency. 

‘‘(B) APPROVAL.—The State educational agency shall 

approve a local educational agency’s plan only if the State 

educational agency determines that the local educational 

agency’s plan— 

‘‘(i) provides that schools served under this part 

substantially help children served under this part meet 

the challenging State academic standards; and 

‘‘(ii) meets the requirements of this section. 

‘‘(4) DURATION.—Each local educational agency plan shall 

be submitted for the first year for which this part is in effect 

following the date of enactment of the Every Student Succeeds 

Act and shall remain in effect for the duration of the agency’s 

participation under this part. 

‘‘(5) REVIEW.—Each local educational agency shall periodically review and, as necessary, revise its plan. 

‘‘(6) RULE OF CONSTRUCTION.—Consultation required under 

paragraph (1)(A) shall not interfere with the timely submission 

of the plan required under this section. 

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

a high-quality education, and to close the achievement gap between 

children meeting the challenging State academic standards and 

those children who are not meeting such standards, each local 

educational agency plan shall describe— 

‘‘(1) how the local educational agency will monitor students’ 

progress in meeting the challenging State academic standards 

by— 

‘‘(A) developing and implementing a well-rounded program of instruction to meet the academic needs of all 

students; 

‘‘(B) identifying students who may be at risk for academic failure; 
S. 1177—53 

‘‘(C) providing additional educational assistance to individual students the local educational agency or school determines need help in meeting the challenging State academic 

standards; and 

‘‘(D) identifying and implementing instructional and 

other strategies intended to strengthen academic programs 

and improve school conditions for student learning; 

‘‘(2) how the local educational agency will identify and 

address, as required under State plans as described in section 

1111(g)(1)(B), any disparities that result in low-income students 

and minority students being taught at higher rates than other 

students by ineffective, inexperienced, or out-of-field teachers; 

‘‘(3) how the local educational agency will carry out its 

responsibilities under paragraphs (1) and (2) of section 1111(d); 

‘‘(4) the poverty criteria that will be used to select school 

attendance areas under section 1113; 

‘‘(5) in general, the nature of the programs to be conducted 

by such agency’s schools under sections 1114 and 1115 and, 

where appropriate, educational services outside such schools 

for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in 

community day school programs; 

‘‘(6) the services the local educational agency will provide 

homeless children and youths, including services provided with 

funds reserved under section 1113(c)(3)(A), to support the 

enrollment, attendance, and success of homeless children and 

youths, in coordination with the services the local educational 

agency is providing under the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11301 et seq.); 

‘‘(7) the strategy the local educational agency will use to 

implement effective parent and family engagement under section 1116; 

‘‘(8) if applicable, how the local educational agency will 

support, coordinate, and integrate services provided under this 

part with early childhood education programs at the local educational agency or individual school level, including plans for 

the transition of participants in such programs to local 

elementary school programs; 

‘‘(9) how teachers and school leaders, in consultation with 

parents, administrators, paraprofessionals, and specialized 

instructional support personnel, in schools operating a targeted 

assistance school program under section 1115, will identify 

the eligible children most in need of services under this part; 

‘‘(10) how the local educational agency will implement 

strategies to facilitate effective transitions for students from 

middle grades to high school and from high school to postsecondary education including, if applicable— 

‘‘(A) through coordination with institutions of higher 

education, employers, and other local partners; and 

‘‘(B) through increased student access to early college 

high school or dual or concurrent enrollment opportunities, 

or career counseling to identify student interests and skills; 

‘‘(11) how the local educational agency will support efforts 

to reduce the overuse of discipline practices that remove students from the classroom, which may include identifying and 

supporting schools with high rates of discipline, disaggregated 
S. 1177—54 

by each of the subgroups of students, as defined in section 

1111(c)(2); 

‘‘(12) if determined appropriate by the local educational 

agency, how such agency will support programs that coordinate 

and integrate— 

‘‘(A) academic and career and technical education content through coordinated instructional strategies, that may 

incorporate experiential learning opportunities and promote skills attainment important to in-demand occupations 

or industries in the State; and 

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

students in-depth interaction with industry professionals 

and, if appropriate, academic credit; and 

‘‘(13) any other information on how the local educational 

agency proposes to use funds to meet the purposes of this 

part, and that the local educational agency determines appropriate to provide, which may include how the local educational 

agency will— 

‘‘(A) assist schools in identifying and serving gifted 

and talented students; and 

‘‘(B) assist schools in developing effective school library 

programs to provide students an opportunity to develop 

digital literacy skills and improve academic achievement. 

‘‘(c) ASSURANCES.—Each local educational agency plan shall 

provide assurances that the local educational agency will— 

‘‘(1) ensure that migratory children and formerly migratory 

children who are eligible to receive services under this part 

are selected to receive such services on the same basis as 

other children who are selected to receive services under this 

part; 

‘‘(2) provide services to eligible children attending private 

elementary schools and secondary schools in accordance with 

section 1117, and timely and meaningful consultation with 

private school officials regarding such services; 

‘‘(3) participate, if selected, in the National Assessment 

of Educational Progress in reading and mathematics in grades 

4 and 8 carried out under section 303(b)(3) of the National 

Assessment of Educational Progress Authorization Act (20 

U.S.C. 9622(b)(3)); 

‘‘(4) coordinate and integrate services provided under this 

part with other educational services at the local educational 

agency or individual school level, such as services for English 

learners, children with disabilities, migratory children, American Indian, Alaska Native, and Native Hawaiian children, 

and homeless children and youths, in order to increase program 

effectiveness, eliminate duplication, and reduce fragmentation 

of the instructional program; 

‘‘(5) collaborate with the State or local child welfare agency 

to— 

‘‘(A) designate a point of contact if the corresponding 

child welfare agency notifies the local educational agency, 

in writing, that the agency has designated an employee 

to serve as a point of contact for the local educational 

agency; and 
S. 1177—55 

‘‘(B) by not later than 1 year after the date of enactment of the Every Student Succeeds Act, develop and implement clear written procedures governing how transportation to maintain children in foster care in their school 

of origin when in their best interest will be provided, 

arranged, and funded for the duration of the time in foster 

care, which procedures shall— 

‘‘(i) ensure that children in foster care needing 

transportation to the school of origin will promptly 

receive transportation in a cost-effective manner and 

in accordance with section 475(4)(A) of the Social Security Act (42 U.S.C. 675(4)(A)); and 

‘‘(ii) ensure that, if there are additional costs 

incurred in providing transportation to maintain children in foster care in their schools of origin, the local 

educational agency will provide transportation to the 

school of origin if— 

‘‘(I) the local child welfare agency agrees to 

reimburse the local educational agency for the cost 

of such transportation; 

‘‘(II) the local educational agency agrees to 

pay for the cost of such transportation; or 

‘‘(III) the local educational agency and the local 

child welfare agency agree to share the cost of 

such transportation; and 

‘‘(6) ensure that all teachers and paraprofessionals working 

in a program supported with funds under this part meet 

applicable State certification and licensure requirements, 

including any requirements for certification obtained through 

alternative routes to certification; and 

‘‘(7) in the case of a local educational agency that chooses 

to use funds under this part to provide early childhood education services to low-income children below the age of compulsory school attendance, ensure that such services comply with 

the performance standards established under section 641A(a) 

of the Head Start Act (42 U.S.C. 9836a(a)). 

‘‘(d) SPECIAL RULE.—For local educational agencies using funds 

under this part for the purposes described in subsection (c)(7), 

the Secretary shall— 

‘‘(1) consult with the Secretary of Health and Human Services and establish procedures (taking into consideration existing 

State and local laws, and local teacher contracts) to assist 

local educational agencies to comply with such subsection; and 

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

performance standards in effect under section 641A(a) of the 

Head Start Act (42 U.S.C. 9836a(a)), and such agencies affected 

by such subsection (c)(7) shall plan to comply with such subsection (taking into consideration existing State and local laws, 

and local teacher contracts), including by pursuing the availability of other Federal, State, and local funding sources to 

assist with such compliance. 

‘‘(e) PARENTS RIGHT-TO-KNOW.— ‘‘(1) INFORMATION FOR PARENTS.— ‘‘(A) IN GENERAL.—At the beginning of each school 

year, a local educational agency that receives funds under 

this part shall notify the parents of each student attending 

any school receiving funds under this part that the parents 
S. 1177—56 

may request, and the agency will provide the parents on 

request (and in a timely manner), information regarding 

the professional qualifications of the student’s classroom 

teachers, including at a minimum, the following: 

‘‘(i) Whether the student’s teacher— 

‘‘(I) has met State qualification and licensing 

criteria for the grade levels and subject areas in 

which the teacher provides instruction; 

‘‘(II) is teaching under emergency or other 

provisional status through which State qualification or licensing criteria have been waived; and 

‘‘(III) is teaching in the field of discipline of 

the certification of the teacher. 

‘‘(ii) Whether the child is provided services by paraprofessionals and, if so, their qualifications. 

‘‘(B) ADDITIONAL INFORMATION.—In addition to the 

information that parents may request under subparagraph 

(A), a school that receives funds under this part shall 

provide to each individual parent of a child who is a student 

in such school, with respect to such student— 

‘‘(i) information on the level of achievement and 

academic growth of the student, if applicable and available, on each of the State academic assessments 

required under this part; and 

‘‘(ii) timely notice that the student has been 

assigned, or has been taught for 4 or more consecutive 

weeks by, a teacher who does not meet applicable 

State certification or licensure requirements at the 

grade level and subject area in which the teacher has 

been assigned. 

‘‘(2) TESTING TRANSPARENCY.— ‘‘(A) IN GENERAL.—At the beginning of each school 

year, a local educational agency that receives funds under 

this part shall notify the parents of each student attending 

any school receiving funds under this part that the parents 

may request, and the local educational agency will provide 

the parents on request (and in a timely manner), information regarding any State or local educational agency policy 

regarding student participation in any assessments mandated by section 1111(b)(2) and by the State or local educational agency, which shall include a policy, procedure, 

or parental right to opt the child out of such assessment, 

where applicable. 

‘‘(B) ADDITIONAL INFORMATION.—Subject to subparagraph (C), each local educational agency that receives funds 

under this part shall make widely available through public 

means (including by posting in a clear and easily accessible 

manner on the local educational agency’s website and, 

where practicable, on the website of each school served 

by the local educational agency) for each grade served 

by the local educational agency, information on each assessment required by the State to comply with section 1111, 

other assessments required by the State, and where such 

information is available and feasible to report, assessments 

required districtwide by the local educational agency, 

including— 

‘‘(i) the subject matter assessed; 
S. 1177—57 

‘‘(ii) the purpose for which the assessment is 

designed and used; 

‘‘(iii) the source of the requirement for the assessment; and 

‘‘(iv) where such information is available— 

‘‘(I) the amount of time students will spend 

taking the assessment, and the schedule for the 

assessment; and 

‘‘(II) the time and format for disseminating 

results. 

‘‘(C) LOCAL EDUCATIONAL AGENCY THAT DOES NOT

OPERATE A WEBSITE.—In the case of a local educational 

agency that does not operate a website, such local educational agency shall determine how to make the information described in subparagraph (A) widely available, such 

as through distribution of that information to the media, 

through public agencies, or directly to parents. 

‘‘(3) LANGUAGE INSTRUCTION.— ‘‘(A) NOTICE.—Each local educational agency using 

funds under this part or title III to provide a language 

instruction educational program as determined under title 

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

the school year, inform parents of an English learner identified for participation or participating in such a program, 

of— 

‘‘(i) the reasons for the identification of their child 

as an English learner and in need of placement in 

a language instruction educational program; 

‘‘(ii) the child’s level of English proficiency, how 

such level was assessed, and the status of the child’s 

academic achievement; 

‘‘(iii) the methods of instruction used in the program in which their child is, or will be, participating 

and the methods of instruction used in other available 

programs, including how such programs differ in content, instructional goals, and the use of English and 

a native language in instruction; 

‘‘(iv) how the program in which their child is, or 

will be, participating will meet the educational 

strengths and needs of their child; 

‘‘(v) how such program will specifically help their 

child learn English and meet age-appropriate academic 

achievement standards for grade promotion and 

graduation; 

‘‘(vi) the specific exit requirements for the program, 

including the expected rate of transition from such 

program into classrooms that are not tailored for 

English learners, and the expected rate of graduation 

from high school (including four-year adjusted cohort 

graduation rates and extended-year adjusted cohort 

graduation rates for such program) if funds under this 

part are used for children in high schools; 

‘‘(vii) in the case of a child with a disability, how 

such program meets the objectives of the individualized 

education program of the child, as described in section 

614(d) of the Individuals with Disabilities Education 

Act (20 U.S.C. 1414(d)); and 
S. 1177—58 

‘‘(viii) information pertaining to parental rights 

that includes written guidance— 

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

have their child immediately removed from such 

program upon their request; 

‘‘(II) detailing the options that parents have 

to decline to enroll their child in such program 

or to choose another program or method of instruction, if available; and 

‘‘(III) assisting parents in selecting among various programs and methods of instruction, if more 

than 1 program or method is offered by the eligible 

entity. 

‘‘(B) SPECIAL RULE APPLICABLE DURING THE SCHOOL

YEAR.—For those children who have not been identified 

as English learners prior to the beginning of the school 

year but are identified as English learners during such 

school year, the local educational agency shall notify the 

children’s parents during the first 2 weeks of the child 

being placed in a language instruction educational program 

consistent with subparagraph (A). 

‘‘(C) PARENTAL PARTICIPATION.— ‘‘(i) IN GENERAL.—Each local educational agency 

receiving funds under this part shall implement an 

effective means of outreach to parents of English 

learners to inform the parents regarding how the parents can— 

‘‘(I) be involved in the education of their children; and 

‘‘(II) be active participants in assisting their 

children to— 

‘‘(aa) attain English proficiency; 

‘‘(bb) achieve at high levels within a wellrounded education; and 

‘‘(cc) meet the challenging State academic 

standards expected of all students. 

‘‘(ii) REGULAR MEETINGS.—Implementing an effective means of outreach to parents under clause (i) 

shall include holding, and sending notice of opportunities for, regular meetings for the purpose of formulating 

and responding to recommendations from parents of 

students assisted under this part or title III. 

‘‘(D) BASIS FOR ADMISSION OR EXCLUSION.—A student 

shall not be admitted to, or excluded from, any federally 

assisted education program on the basis of a surname 

or language-minority status. 

‘‘(4) NOTICE AND FORMAT.—The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, 

provided in a language that the parents can understand.’’. 

SEC. 1007. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

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

(1) in subsection (a)— 

(A) by striking paragraph (3) and inserting the following: 

‘‘(3) RANKING ORDER.— 
S. 1177—59 

‘‘(A) RANKING.—Except as provided in subparagraph 

(B), if funds allocated in accordance with subsection (c) 

are insufficient to serve all eligible school attendance areas, 

a local educational agency shall— 

‘‘(i) annually rank, without regard to grade spans, 

such agency’s eligible school attendance areas in which 

the concentration of children from low-income families 

exceeds 75 percent from highest to lowest according 

to the percentage of children from low-income families; 

and 

‘‘(ii) serve such eligible school attendance areas 

in rank order. 

‘‘(B) EXCEPTION.—A local educational agency may lower 

the threshold in subparagraph (A)(i) to 50 percent for high 

schools served by such agency.’’; and 

(B) by striking paragraph (5) and inserting the following: 

‘‘(5) MEASURES.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), a local educational agency shall use the same measure 

of poverty, which measure shall be the number of children 

aged 5 through 17 in poverty counted in the most recent 

census data approved by the Secretary, the number of 

children eligible for a free or reduced price lunch under 

the Richard B. Russell National School Lunch Act (42 

U.S.C. 1751 et seq.), the number of children in families 

receiving assistance under the State program funded under 

part A of title IV of the Social Security Act, or the number 

of children eligible to receive medical assistance under 

the Medicaid Program, or a composite of such indicators, 

with respect to all school attendance areas in the local 

educational agency— 

‘‘(i) to identify eligible school attendance areas; 

‘‘(ii) to determine the ranking of each area; and 

‘‘(iii) to determine allocations under subsection (c). 

‘‘(B) SECONDARY SCHOOLS.—For measuring the number 

of students in low-income families in secondary schools, 

the local educational agency shall use the same measure 

of poverty, which shall be— 

‘‘(i) the measure described under subparagraph (A); 

or 

‘‘(ii) subject to meeting the conditions of subparagraph (C), an accurate estimate of the number of students in low-income families in a secondary school 

that is calculated by applying the average percentage 

of students in low-income families of the elementary 

school attendance areas as calculated under subparagraph (A) that feed into the secondary school to the 

number of students enrolled in such school. 

‘‘(C) MEASURE OF POVERTY.—The local educational 

agency shall have the option to use the measure of poverty 

described in subparagraph (B)(ii) after— 

‘‘(i) conducting outreach to secondary schools 

within such agency to inform such schools of the option 

to use such measure; and 

‘‘(ii) a majority of such schools have approved the 

use of such measure.’’; 
S. 1177—60 

(2) in subsection (b)(1)(D)(i), by striking ‘‘section 1120A(c)’’ 

and inserting ‘‘section 1118(c)’’; and 

(3) in subsection (c)— 

(A) by striking paragraph (3) and inserting the following: 

‘‘(3) RESERVATION OF FUNDS.— 

‘‘(A) IN GENERAL.—A local educational agency shall 

reserve such funds as are necessary under this part, determined in accordance with subparagraphs (B) and (C), to 

provide services comparable to those provided to children 

in schools funded under this part to serve— 

‘‘(i) homeless children and youths, including providing educationally related support services to children in shelters and other locations where children 

may live; 

‘‘(ii) children in local institutions for neglected children; and 

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

for delinquent children, and neglected or delinquent 

children in community day programs. 

‘‘(B) METHOD OF DETERMINATION.—The share of funds 

determined under subparagraph (A) shall be determined— 

‘‘(i) based on the total allocation received by the 

local educational agency; and 

‘‘(ii) prior to any allowable expenditures or transfers by the local educational agency. 

‘‘(C) HOMELESS CHILDREN AND YOUTHS.—Funds 

reserved under subparagraph (A)(i) may be— 

‘‘(i) determined based on a needs assessment of 

homeless children and youths in the local educational 

agency, taking into consideration the number and 

needs of homeless children and youths in the local 

educational agency, and which needs assessment may 

be the same needs assessment as conducted under 

section 723(b)(1) of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11433(b)(1)); and 

‘‘(ii) used to provide homeless children and youths 

with services not ordinarily provided to other students 

under this part, including providing— 

‘‘(I) funding for the liaison designated pursuant to section 722(g)(1)(J)(ii) of such Act (42 U.S.C. 

11432(g)(1)(J)(ii)); and 

‘‘(II) transportation pursuant to section 

722(g)(1)(J)(iii) of such Act (42 U.S.C. 

11432(g)(1)(J)(iii)).’’; 

(B) in paragraph (4), by striking ‘‘school improvement, 

corrective action, and restructuring under section 1116(b)’’ 

and inserting ‘‘comprehensive support and improvement 

activities or targeted support and improvement activities 

under section 1111(d)’’; and 

(C) by adding at the end the following: 

‘‘(5) EARLY CHILDHOOD EDUCATION.—A local educational 

agency may reserve funds made available to carry out this 

section to provide early childhood education programs for 

eligible children.’’. 
S. 1177—61 

SEC. 1008. SCHOOLWIDE PROGRAMS. 

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

(1) by striking subsection (a) and inserting the following: 

‘‘(a) IN GENERAL.— ‘‘(1) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.— ‘‘(A) ELIGIBILITY.—A local educational agency may 

consolidate and use funds under this part, together with 

other Federal, State, and local funds, in order to upgrade 

the entire educational program of a school that serves 

an eligible school attendance area in which not less than 

40 percent of the children are from low-income families, 

or not less than 40 percent of the children enrolled in 

the school are from such families. 

‘‘(B) EXCEPTION.—A school that serves an eligible 

school attendance area in which less than 40 percent of 

the children are from low-income families, or a school for 

which less than 40 percent of the children enrolled in 

the school are from such families, may operate a schoolwide 

program under this section if the school receives a waiver 

from the State educational agency to do so, after taking 

into account how a schoolwide program will best serve 

the needs of the students in the school served under this 

part in improving academic achievement and other factors. 

‘‘(2) IDENTIFICATION OF STUDENTS NOT REQUIRED.— ‘‘(A) IN GENERAL.—No school participating in a 

schoolwide program shall be required to identify— 

‘‘(i) particular children under this part as eligible 

to participate in a schoolwide program; or 

‘‘(ii) individual services as supplementary. 

‘‘(B) SUPPLEMENTAL FUNDS.—In accordance with the 

method of determination described in section 1118(b)(2), 

a school participating in a schoolwide program shall use 

funds available to carry out this section only to supplement 

the amount of funds that would, in the absence of funds 

under this part, be made available from non-Federal 

sources for the school, including funds needed to provide 

services that are required by law for children with disabilities and English learners. 

‘‘(3) EXEMPTION FROM STATUTORY AND REGULATORY

REQUIREMENTS.— 

‘‘(A) EXEMPTION.—Except as provided in paragraph (2), 

the Secretary may, through publication of a notice in the 

Federal Register, exempt schoolwide programs under this 

section from statutory or regulatory provisions of any other 

noncompetitive formula grant program administered by the 

Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education 

Act (20 U.S.C. 1400 et seq.), except as provided in section 

613(a)(2)(D) of such Act (20 U.S.C. 1413(a)(2)(D))), or any 

discretionary grant program administered by the Secretary, 

to support schoolwide programs if the intent and purposes 

of such other programs are met. 

‘‘(B) REQUIREMENTS.—A school that chooses to use 

funds from such other programs shall not be relieved of 

the requirements relating to health, safety, civil rights, 

student and parental participation and involvement, services to private school children, comparability of services, 
S. 1177—62 

maintenance of effort, uses of Federal funds to supplement, 

not supplant non-Federal funds (in accordance with the 

method of determination described in section 1118(b)(2)), 

or the distribution of funds to State educational agencies 

or local educational agencies that apply to the receipt of 

funds from such programs. 

‘‘(C) RECORDS.—A school that chooses to consolidate 

and use funds from different Federal programs under this 

section shall not be required to maintain separate fiscal 

accounting records, by program, that identify the specific 

activities supported by those particular funds as long as 

the school maintains records that demonstrate that the 

schoolwide program, considered as a whole, addresses the 

intent and purposes of each of the Federal programs that 

were consolidated to support the schoolwide program.’’; 

(2) by striking subsection (b) and inserting the following: 

‘‘(b) SCHOOLWIDE PROGRAM PLAN.—An eligible school operating 

a schoolwide program shall develop a comprehensive plan (or amend 

a plan for such a program that was in existence on the day before 

the date of the enactment of the Every Student Succeeds Act) 

that— 

‘‘(1) is developed during a 1-year period, unless— 

‘‘(A) the local educational agency determines, in consultation with the school, that less time is needed to develop 

and implement the schoolwide program; or 

‘‘(B) the school is operating a schoolwide program on 

the day before the date of the enactment of the Every 

Student Succeeds Act, in which case such school may continue to operate such program, but shall develop amendments to its existing plan during the first year of assistance 

after that date to reflect the provisions of this section; 

‘‘(2) is developed with the involvement of parents and other 

members of the community to be served and individuals who 

will carry out such plan, including teachers, principals, other 

school leaders, paraprofessionals present in the school, administrators (including administrators of programs described in other 

parts of this title), the local educational agency, to the extent 

feasible, tribes and tribal organizations present in the community, and, if appropriate, specialized instructional support personnel, technical assistance providers, school staff, if the plan 

relates to a secondary school, students, and other individuals 

determined by the school; 

‘‘(3) remains in effect for the duration of the school’s participation under this part, except that the plan and its implementation shall be regularly monitored and revised as necessary 

based on student needs to ensure that all students are provided 

opportunities to meet the challenging State academic standards; 

‘‘(4) is available to the local educational agency, parents, 

and the public, and the information contained in such plan 

shall be in an understandable and uniform format and, to 

the extent practicable, provided in a language that the parents 

can understand; and 

‘‘(5) if appropriate and applicable, is developed in coordination and integration with other Federal, State, and local services, resources, and programs, such as programs supported 
S. 1177—63 

under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and 

schools implementing comprehensive support and improvement 

activities or targeted support and improvement activities under 

section 1111(d); 

‘‘(6) is based on a comprehensive needs assessment of the 

entire school that takes into account information on the academic achievement of children in relation to the challenging 

State academic standards, particularly the needs of those children who are failing, or are at-risk of failing, to meet the 

challenging State academic standards and any other factors 

as determined by the local educational agency; and 

‘‘(7) includes a description of— 

‘‘(A) the strategies that the school will be implementing 

to address school needs, including a description of how 

such strategies will— 

‘‘(i) provide opportunities for all children, including 

each of the subgroups of students (as defined in section 

1111(c)(2)) to meet the challenging State academic 

standards; 

‘‘(ii) use methods and instructional strategies that 

strengthen the academic program in the school, 

increase the amount and quality of learning time, and 

help provide an enriched and accelerated curriculum, 

which may include programs, activities, and courses 

necessary to provide a well-rounded education; and 

‘‘(iii) address the needs of all children in the school, 

but particularly the needs of those at risk of not 

meeting the challenging State academic standards, 

through activities which may include— 

‘‘(I) counseling, school-based mental health 

programs, specialized instructional support services, mentoring services, and other strategies to 

improve students’ skills outside the academic subject areas; 

‘‘(II) preparation for and awareness of 

opportunities for postsecondary education and the 

workforce, which may include career and technical 

education programs and broadening secondary 

school students’ access to coursework to earn postsecondary credit while still in high school (such 

as Advanced Placement, International Baccalaureate, dual or concurrent enrollment, or early 

college high schools); 

‘‘(III) implementation of a schoolwide tiered 

model to prevent and address problem behavior, 

and early intervening services, coordinated with 

similar activities and services carried out under 

the Individuals with Disabilities Education Act (20 

U.S.C. 1400 et seq.); 

‘‘(IV) professional development and other 

activities for teachers, paraprofessionals, and other 

school personnel to improve instruction and use 

of data from academic assessments, and to recruit 

and retain effective teachers, particularly in highneed subjects; and 
S. 1177—64 

‘‘(V) strategies for assisting preschool children 

in the transition from early childhood education 

programs to local elementary school programs; and 

‘‘(B) if programs are consolidated, the specific State 

educational agency and local educational agency programs 

and other Federal programs that will be consolidated in 

the schoolwide program.’’; 

(3) by striking subsection (c) and inserting the following: 

‘‘(c) PRESCHOOL PROGRAMS.—A school that operates a 

schoolwide program under this section may use funds available 

under this part to establish or enhance preschool programs for 

children who are under 6 years of age. 

‘‘(d) DELIVERY OF SERVICES.—The services of a schoolwide program under this section may be delivered by nonprofit or forprofit external providers with expertise in using evidence-based 

or other effective strategies to improve student achievement. 

‘‘(e) USE OF FUNDS FOR DUAL OR CONCURRENT ENROLLMENT

PROGRAMS.— 

‘‘(1) IN GENERAL.—A secondary school operating a 

schoolwide program under this section may use funds received 

under this part to operate dual or concurrent enrollment programs that address the needs of low-achieving secondary school 

students and those at risk of not meeting the challenging 

State academic standards. 

‘‘(2) FLEXIBILITY OF FUNDS.—A secondary school using funds 

received under this part for a dual or concurrent enrollment 

program described in paragraph (1) may use such funds for 

any of the costs associated with such program, including the 

costs of— 

‘‘(A) training for teachers, and joint professional 

development for teachers in collaboration with career and 

technical educators and educators from institutions of 

higher education, where appropriate, for the purpose of 

integrating rigorous academics in such program; 

‘‘(B) tuition and fees, books, required instructional 

materials for such program, and innovative delivery 

methods; and 

‘‘(C) transportation to and from such program. 

‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to impose on any State any requirement 

or rule regarding dual or concurrent enrollment programs that 

is inconsistent with State law.’’. 

SEC. 1009. TARGETED ASSISTANCE SCHOOLS. 

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

(1) by striking subsection (a) and inserting the following: 

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

section 1113(c) that are ineligible for a schoolwide program under 

section 1114, have not received a waiver under section 1114(a)(1)(B) 

to operate such a schoolwide program, or choose not to operate 

such a schoolwide program, a local educational agency serving 

such school may use funds received under this part only for programs that provide services to eligible children under subsection 

(c) identified as having the greatest need for special assistance.’’; 

(2) by redesignating subsections (b) and (c) as subsections 

(c) and (b), respectively, and moving those redesignated subsections so as to appear in alphabetical order; 
S. 1177—65 

(3) by striking subsection (b), as redesignated by paragraph 

(2), and inserting the following: 

‘‘(b) TARGETED ASSISTANCE SCHOOL PROGRAM.—To assist targeted assistance schools and local educational agencies to meet 

their responsibility to provide for all their students served under 

this part the opportunity to meet the challenging State academic 

standards, each targeted assistance program under this section 

shall— 

‘‘(1) determine which students will be served; 

‘‘(2) serve participating students identified as eligible children under subsection (c), including by— 

‘‘(A) using resources under this part to help eligible 

children meet the challenging State academic standards, 

which may include programs, activities, and academic 

courses necessary to provide a well-rounded education; 

‘‘(B) using methods and instructional strategies to 

strengthen the academic program of the school through 

activities, which may include— 

‘‘(i) expanded learning time, before- and afterschool programs, and summer programs and opportunities; and 

‘‘(ii) a schoolwide tiered model to prevent and 

address behavior problems, and early intervening services, coordinated with similar activities and services 

carried out under the Individuals with Disabilities 

Education Act (20 U.S.C. 1400 et seq.); 

‘‘(C) coordinating with and supporting the regular education program, which may include services to assist preschool children in the transition from early childhood education programs such as Head Start, the literacy program 

under subpart 2 of part B of title II, or State-run preschool 

programs to elementary school programs; 

‘‘(D) providing professional development with resources 

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

from other sources, to teachers, principals, other school 

leaders, paraprofessionals, and, if appropriate, specialized 

instructional support personnel, and other school personnel 

who work with eligible children in programs under this 

section or in the regular education program; 

‘‘(E) implementing strategies to increase the involvement of parents of eligible children in accordance with 

section 1116; and 

‘‘(F) if appropriate and applicable, coordinating and 

integrating Federal, State, and local services and programs, 

such as programs supported under this Act, violence 

prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, 

career and technical education programs, and comprehensive support and improvement activities or targeted support 

and improvement activities under section 1111(d); and 

‘‘(G) provide to the local educational agency assurances 

that the school will— 

‘‘(i) help provide an accelerated, high-quality curriculum; 

‘‘(ii) minimize the removal of children from the 

regular classroom during regular school hours for 

instruction provided under this part; and 
S. 1177—66 

‘‘(iii) on an ongoing basis, review the progress of 

eligible children and revise the targeted assistance program under this section, if necessary, to provide additional assistance to enable such children to meet the 

challenging State academic standards.’’; 

(4) in subsection (c), as redesignated by paragraph (2)— 

(A) in paragraph (1)(B)— 

(i) by striking ‘‘the State’s challenging student academic achievement standards’’ and inserting ‘‘the challenging State academic standards’’; and 

(ii) by striking ‘‘such criteria as teacher judgment, 

interviews with parents, and developmentally appropriate measures’’ and inserting ‘‘criteria, including 

objective criteria, established by the local educational 

agency and supplemented by the school’’; and 

(B) in paragraph (2)— 

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

English proficient children’’ and inserting ‘‘English 

learners’’; 

(ii) in subparagraph (B)— 

(I) by striking the heading and inserting ‘‘HEAD

START AND PRESCHOOL CHILDREN’’; and 

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

Early Reading First program,’’ and inserting ‘‘Head 

Start program, the literacy program under subpart 

2 of part B of title II,’’; and 

(iii) in subparagraph (C), by striking the heading 

and inserting ‘‘MIGRANT CHILDREN’’; 

(5) in subsection (e)— 

(A) in paragraph (2)(B)— 

(i) by striking ‘‘and’’ at the end of clause (ii); 

(ii) by redesignating clause (iii) as clause (v); and 

(iii) by inserting after clause (ii) the following new 

clauses: 

‘‘(iii) family support and engagement services; 

‘‘(iv) integrated student supports; and’’; and 

(iv) in clause (v), as redesignated by clause (iii), 

by striking ‘‘pupil services’’ and inserting ‘‘specialized 

instructional support’’; and 

(B) by striking paragraph (3); and 

(6) by adding at the end the following: 

‘‘(f) USE OF FUNDS FOR DUAL OR CONCURRENT ENROLLMENT

PROGRAMS.—A secondary school operating a targeted assistance 

program under this section may use funds received under this 

part to provide dual or concurrent enrollment program services 

described under section 1114(e) to eligible children under subsection 

(c)(1)(B) who are identified as having the greatest need for special 

assistance. 

‘‘(g) PROHIBITION.—Nothing in this section shall be construed 

to authorize the Secretary or any other officer or employee of 

the Federal Government to require a local educational agency or 

school to submit the results of a comprehensive needs assessment 

or plan under section 1114(b), or a program described in subsection 

(b), for review or approval by the Secretary. 

‘‘(h) DELIVERY OF SERVICES.—The services of a targeted assistance program under this section may be delivered by nonprofit 
S. 1177—67 

or for-profit external providers with expertise in using evidencebased or other effective strategies to improve student achievement.’’. 

SEC. 1010. PARENT AND FAMILY ENGAGEMENT. 

Section 1116, as redesignated by section 1000(2), is amended— 

(1) in the section heading, by striking ‘‘PARENTAL INVOLVE- MENT’’ and inserting ‘‘PARENT AND FAMILY ENGAGEMENT’’; 

(2) in subsection (a)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘conducts outreach to all parents 

and family members and’’ after ‘‘only if such agency’’; 

and 

(ii) by inserting ‘‘and family members’’ after ‘‘and 

procedures for the involvement of parents’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A)— 

(I) by inserting ‘‘and family members’’ after 

‘‘, and distribute to, parents’’; 

(II) by striking ‘‘written parent involvement 

policy’’ and inserting ‘‘written parent and family 

engagement policy’’; and 

(III) by striking ‘‘expectations for parent 

involvement’’ and inserting ‘‘expectations and 

objectives for meaningful parent and family 

involvement’’; and 

(ii) by striking subparagraphs (A) through (F) and 

inserting the following: 

‘‘(A) involve parents and family members in jointly 

developing the local educational agency plan under section 

1112, and the development of support and improvement 

plans under paragraphs (1) and (2) of section 1111(d). 

‘‘(B) provide the coordination, technical assistance, and 

other support necessary to assist and build the capacity 

of all participating schools within the local educational 

agency in planning and implementing effective parent and 

family involvement activities to improve student academic 

achievement and school performance, which may include 

meaningful consultation with employers, business leaders, 

and philanthropic organizations, or individuals with expertise in effectively engaging parents and family members 

in education; 

‘‘(C) coordinate and integrate parent and family 

engagement strategies under this part with parent and 

family engagement strategies, to the extent feasible and 

appropriate, with other relevant Federal, State, and local 

laws and programs; 

‘‘(D) conduct, with the meaningful involvement of parents and family members, an annual evaluation of the 

content and effectiveness of the parent and family engagement policy in improving the academic quality of all schools 

served under this part, including identifying— 

‘‘(i) barriers to greater participation by parents 

in activities authorized by this section (with particular 

attention to parents who are economically disadvantaged, are disabled, have limited English proficiency, 

have limited literacy, or are of any racial or ethnic 

minority background); 
S. 1177—68 

‘‘(ii) the needs of parents and family members to 

assist with the learning of their children, including 

engaging with school personnel and teachers; and 

‘‘(iii) strategies to support successful school and 

family interactions; 

‘‘(E) use the findings of such evaluation in subparagraph (D) to design evidence-based strategies for more 

effective parental involvement, and to revise, if necessary, 

the parent and family engagement policies described in 

this section; and 

‘‘(F) involve parents in the activities of the schools 

served under this part, which may include establishing 

a parent advisory board comprised of a sufficient number 

and representative group of parents or family members 

served by the local educational agency to adequately represent the needs of the population served by such agency 

for the purposes of developing, revising, and reviewing 

the parent and family engagement policy.’’; and 

(C) in paragraph (3)— 

(i) by striking subparagraph (A) and inserting the 

following: 

‘‘(A) IN GENERAL.—Each local educational agency shall 

reserve at least 1 percent of its allocation under subpart 

2 to assist schools to carry out the activities described 

in this section, except that this subparagraph shall not 

apply if 1 percent of such agency’s allocation under subpart 

2 for the fiscal year for which the determination is made 

is $5,000 or less. Nothing in this subparagraph shall be 

construed to limit local educational agencies from reserving 

more than 1 percent of its allocation under subpart 2 

to assist schools to carry out activities described in this 

section.’’; 

(ii) in subparagraph (B), by striking ‘‘(B) PARENTAL

INPUT.—Parents of children’’ and inserting ‘‘(B) PARENT

AND FAMILY MEMBER INPUT.—Parents and family members of children’’; 

(iii) in subparagraph (C)— 

(I) by striking ‘‘95 percent’’ and inserting ‘‘90 

percent’’; and 

(II) by inserting ‘‘, with priority given to highneed schools’’ after ‘‘schools served under this 

part’’; and 

(iv) by adding at the end the following: 

‘‘(D) USE OF FUNDS.—Funds reserved under subparagraph (A) by a local educational agency shall be used 

to carry out activities and strategies consistent with the 

local educational agency’s parent and family engagement 

policy, including not less than 1 of the following: 

‘‘(i) Supporting schools and nonprofit organizations 

in providing professional development for local educational agency and school personnel regarding parent 

and family engagement strategies, which may be provided jointly to teachers, principals, other school 

leaders, specialized instructional support personnel, 

paraprofessionals, early childhood educators, and parents and family members. 
S. 1177—69 

‘‘(ii) Supporting programs that reach parents and 

family members at home, in the community, and at 

school. 

‘‘(iii) Disseminating information on best practices 

focused on parent and family engagement, especially 

best practices for increasing the engagement of 

economically disadvantaged parents and family members. 

‘‘(iv) Collaborating, or providing subgrants to 

schools to enable such schools to collaborate, with 

community-based or other organizations or employers 

with a record of success in improving and increasing 

parent and family engagement. 

‘‘(v) Engaging in any other activities and strategies 

that the local educational agency determines are appropriate and consistent with such agency’s parent and 

family engagement policy.’’; 

(3) in subsection (b)— 

(A) in the subsection heading, by striking ‘‘PARENTAL

INVOLVEMENT POLICY’’ and inserting ‘‘PARENT AND FAMILY

ENGAGEMENT POLICY’’; 

(B) in paragraph (1)— 

(i) by inserting ‘‘and family members’’ after ‘‘distribute to, parents’’; and 

(ii) by striking ‘‘written parental involvement 

policy’’ and inserting ‘‘written parent and family 

engagement policy’’; 

(C) in paragraph (2)— 

(i) by striking ‘‘parental involvement policy’’ and 

inserting ‘‘parent and family engagement policy’’; and 

(ii) by inserting ‘‘and family members’’ after ‘‘that 

applies to all parents’’; and 

(D) in paragraph (3)— 

(i) by striking ‘‘parental involvement policy’’ and 

inserting ‘‘parent and family engagement policy’’; and 

(ii) by inserting ‘‘and family members in all schools 

served by the local educational agency’’ after ‘‘policy 

that applies to all parents’’; 

(4) in subsection (c)— 

(A) in paragraph (3)— 

(i) by striking ‘‘parental involvement policy’’ and 

inserting ‘‘parent and family engagement policy’’; and 

(ii) by striking ‘‘1114(b)(2)’’ and inserting ‘‘1114(b)’’; 

(B) in paragraph (4)(B), by striking ‘‘the proficiency 

levels students are expected to meet’’ and inserting ‘‘the 

achievement levels of the challenging State academic standards’’; and 

(C) in paragraph (5), by striking ‘‘1114(b)(2)’’ and 

inserting ‘‘1114(b)’’; 

(5) in subsection (d)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘parental involvement policy’’ and inserting ‘‘parent and 

family engagement policy’’; 

(B) in paragraph (1)— 

(i) by striking ‘‘the State’s student academic 

achievement standards’’ and inserting ‘‘the challenging 

State academic standards’’; and 
S. 1177—70 

(ii) by striking ‘‘, such as monitoring attendance, 

homework completion, and television watching’’; and 

(C) in paragraph (2)— 

(i) in subparagraph (B), by striking ‘‘and’’ after 

the semicolon; 

(ii) in subparagraph (C), by striking the period 

and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(D) ensuring regular two-way, meaningful communication between family members and school staff, and, to 

the extent practicable, in a language that family members 

can understand.’’; 

(6) in subsection (e)— 

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

content standards and State student academic achievement 

standards’’ and inserting ‘‘the challenging State academic 

standards’’; 

(B) in paragraph (2), by striking ‘‘technology’’ and 

inserting ‘‘technology (including education about the harms 

of copyright piracy)’’; 

(C) in paragraph (3), by striking ‘‘pupil services personnel, principals’’ and inserting ‘‘specialized instructional 

support personnel, principals, and other school leaders’’; 

and 

(D) in paragraph (4), by striking ‘‘Head Start, Reading 

First, Early Reading First, Even Start, the Home Instruction Programs for Preschool Youngsters, the Parents as 

Teachers Program, and public preschool and other programs,’’ and inserting ‘‘other Federal, State, and local programs, including public preschool programs,’’; 

(7) by striking subsection (f) and inserting the following: 

‘‘(f) ACCESSIBILITY.—In carrying out the parent and family 

engagement requirements of this part, local educational agencies 

and schools, to the extent practicable, shall provide opportunities 

for the informed participation of parents and family members 

(including parents and family members who have limited English 

proficiency, parents and family members with disabilities, and parents and family members of migratory children), including providing 

information and school reports required under section 1111 in a 

format and, to the extent practicable, in a language such parents 

understand.’’; 

(8) by striking subsection (g) and inserting the following: 

‘‘(g) FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.—In a State 

operating a program under part E of title IV, each local educational 

agency or school that receives assistance under this part shall 

inform parents and organizations of the existence of the program.’’; 

and 

(9) in subsection (h), by striking ‘‘parental involvement 

policies’’ and inserting ‘‘parent and family engagement policies’’. 

SEC. 1011. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 

SCHOOLS. 

Section 1117, as redesignated by section 1000(3), is amended— 

(1) in subsection (a)— 

(A) by striking paragraph (1) and inserting the following: 
S. 1177—71 

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

of eligible children identified under section 1115(c) in the school 

district served by a local educational agency who are enrolled 

in private elementary schools and secondary schools, a local 

educational agency shall— 

‘‘(A) after timely and meaningful consultation with 

appropriate private school officials, provide such children, 

on an equitable basis and individually or in combination, 

as requested by the officials to best meet the needs of 

such children, special educational services, instructional 

services (including evaluations to determine the progress 

being made in meeting such students’ academic needs), 

counseling, mentoring, one-on-one tutoring, or other benefits under this part (such as dual or concurrent enrollment, 

educational radio and television, computer equipment and 

materials, other technology, and mobile educational services and equipment) that address their needs; and 

‘‘(B) ensure that teachers and families of the children 

participate, on an equitable basis, in services and activities 

developed pursuant to section 1116.’’; 

(B) by striking paragraph (3) and inserting the following: 

‘‘(3) EQUITY.— 

‘‘(A) IN GENERAL.—Educational services and other 

benefits for such private school children shall be equitable 

in comparison to services and other benefits for public 

school children participating under this part, and shall 

be provided in a timely manner. 

‘‘(B) OMBUDSMAN.—To help ensure such equity for such 

private school children, teachers, and other educational 

personnel, the State educational agency involved shall designate an ombudsman to monitor and enforce the requirements of this part.’’; 

(C) by striking paragraph (4) and inserting the following: 

‘‘(4) EXPENDITURES.— 

‘‘(A) DETERMINATION.— 

‘‘(i) IN GENERAL.—Expenditures for educational 

services and other benefits to eligible private school 

children shall be equal to the proportion of funds allocated to participating school attendance areas based 

on the number of children from low-income families 

who attend private schools. 

‘‘(ii) PROPORTIONAL SHARE.—The proportional 

share of funds shall be determined based on the total 

amount of funds received by the local educational 

agency under this part prior to any allowable expenditures or transfers by the local educational agency. 

‘‘(B) OBLIGATION OF FUNDS.—Funds allocated to a local 

educational agency for educational services and other benefits to eligible private school children shall be obligated 

in the fiscal year for which the funds are received by 

the agency. 

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

agency shall provide notice in a timely manner to the 

appropriate private school officials in the State of the 
S. 1177—72 

allocation of funds for educational services and other benefits under this part that the local educational agencies 

have determined are available for eligible private school 

children. 

‘‘(D) TERM OF DETERMINATION.—The local educational 

agency may determine the equitable share under subparagraph (A) each year or every 2 years.’’; and 

(D) in paragraph (5), by striking ‘‘agency’’ and inserting 

‘‘agency, or, in a case described in subsection (b)(6)(C), 

the State educational agency involved,’’; 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘part,’’ and inserting ‘‘part. Such agency and 

private school officials shall both have the goal of 

reaching agreement on how to provide equitable and 

effective programs for eligible private school children, 

the results of which agreement shall be transmitted 

to the ombudsman designated under subsection 

(a)(3)(B). Such process shall include consultation’’; 

(ii) in subparagraph (E)— 

(I) by striking ‘‘and’’ before ‘‘the proportion 

of funds’’; 

(II) by striking ‘‘(a)(4)’’ and inserting ‘‘(a)(4)(A)’’ 

; and 

(III) by inserting ‘‘, and how that proportion 

of funds is determined’’ after ‘‘such services’’; 

(iii) in subparagraph (G), by striking ‘‘and’’ after 

the semicolon; 

(iv) in subparagraph (H), by striking the period 

at the end and inserting a semicolon; and 

(v) by adding at the end the following: 

‘‘(I) whether the agency shall provide services directly 

or through a separate government agency, consortium, 

entity, or third-party contractor; 

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

private school children— 

‘‘(i) by creating a pool or pools of funds with all 

of the funds allocated under subsection (a)(4)(A) based 

on all the children from low-income families in a 

participating school attendance area who attend private schools; or 

‘‘(ii) in the agency’s participating school attendance 

area who attend private schools with the proportion 

of funds allocated under subsection (a)(4)(A) based on 

the number of children from low-income families who 

attend private schools; 

‘‘(K) when, including the approximate time of day, services will be provided; and 

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

under subsection (a)(4) in coordination with eligible funds 

available for services to private school children under 

applicable programs, as defined in section 8501(b)(1)to provide services to eligible private school children participating 

in programs.’’; 

(B) by redesignating paragraphs (2) through (5) as 

paragraphs (3) through (6), respectively; 
S. 1177—73 

(C) by inserting after paragraph (1) the following: 

‘‘(2) DISAGREEMENT.—If a local educational agency disagrees with the views of private school officials with respect 

to an issue described in paragraph (1), the local educational 

agency shall provide in writing to such private school officials 

the reasons why the local educational agency disagrees.’’; 

(D) in paragraph (5) (as redesignated by subparagraph 

(B))— 

(i) by inserting ‘‘meaningful’’ before ‘‘consultation’’ 

in the first sentence; 

(ii) by inserting ‘‘The written affirmation shall provide the option for private school officials to indicate 

such officials’ belief that timely and meaningful consultation has not occurred or that the program design 

is not equitable with respect to eligible private school 

children.’’ after ‘‘occurred.’’; and 

(iii) by striking ‘‘has taken place’’ and inserting 

‘‘has, or attempts at such consultation have, taken 

place’’; and 

(E) in paragraph (6) (as redesignated by subparagraph 

(B))— 

(i) in subparagraph (A)— 

(I) by striking ‘‘right to complain to’’ and 

inserting ‘‘right to file a complaint with’’; 

(II) by inserting ‘‘asserting’’ after ‘‘State educational agency’’; 

(III) by striking ‘‘or’’ before ‘‘did not give due 

consideration’’; and 

(IV) by inserting ‘‘, or did not make a decision 

that treats the private school students equitably 

as required by this section’’ before the period at 

the end; 

(ii) in subparagraph (B), by striking ‘‘to complain,’’ 

and inserting ‘‘to file a complaint,’’; and 

(iii) by adding at the end the following: 

‘‘(C) STATE EDUCATIONAL AGENCIES.—A State educational agency shall provide services under this section 

directly or through contracts with public or private agencies, organizations, or institutions, if the appropriate private school officials have— 

‘‘(i) requested that the State educational agency 

provide such services directly; and 

‘‘(ii) demonstrated that the local educational 

agency involved has not met the requirements of this 

section in accordance with the procedures for making 

such a request, as prescribed by the State educational 

agency.’’; 

(3) in subsection (c)(2), by striking ‘‘section 9505’’ and 

inserting ‘‘section 8503’’; and 

(4) in subsection (e)(2), by striking ‘‘sections 9503 and 9504’’ 

and inserting ‘‘sections 8503 and 8504’’. 

SEC. 1012. SUPPLEMENT, NOT SUPPLANT. 

Section 1118, as redesignated by section 1000(4), is amended— 

(1) in subsection (a), by striking ‘‘section 9521’’ and 

inserting ‘‘section 8521’’; and 

(2) by striking subsection (b) and inserting the following: 
S. 1177—74 

‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT, NONFEDERAL FUNDS.— 

‘‘(1) IN GENERAL.—A State educational agency or local educational agency shall use Federal funds received under this 

part only to supplement the funds that would, in the absence 

of such Federal funds, be made available from State and local 

sources for the education of students participating in programs 

assisted under this part, and not to supplant such funds. 

‘‘(2) COMPLIANCE.—To demonstrate compliance with paragraph (1), a local educational agency shall demonstrate that 

the methodology used to allocate State and local funds to each 

school receiving assistance under this part ensures that such 

school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part. 

‘‘(3) SPECIAL RULE.—No local educational agency shall be 

required to— 

‘‘(A) identify that an individual cost or service supported under this part is supplemental; or 

‘‘(B) provide services under this part through a particular instructional method or in a particular instructional 

setting in order to demonstrate such agency’s compliance 

with paragraph (1). 

‘‘(4) PROHIBITION.—Nothing in this section shall be construed to authorize or permit the Secretary to prescribe the 

specific methodology a local educational agency uses to allocate 

State and local funds to each school receiving assistance under 

this part. 

‘‘(5) TIMELINE.—A local educational agency— 

‘‘(A) shall meet the compliance requirement under 

paragraph (2) not later than 2 years after the date of 

enactment of the Every Student Succeeds Act; and 

‘‘(B) may demonstrate compliance with the requirement 

under paragraph (1) before the end of such 2-year period 

using the method such local educational agency used on 

the day before the date of enactment of the Every Student 

Succeeds Act.’’. 

SEC. 1013. COORDINATION REQUIREMENTS. 

Section 1119, as redesignated by section 1000(5), is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘such as the Early Reading First program’’; and 

(B) by adding at the end the following new sentence: 

‘‘Each local educational agency shall develop agreements 

with such Head Start agencies and other entities to carry 

out such activities.’’; and 

(2) in subsection (b)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘early childhood development programs, such as the Early 

Reading First program,’’ and inserting ‘‘early childhood 

education programs’’; 

(B) in paragraph (1), by striking ‘‘early childhood 

development program such as the Early Reading First program’’ and inserting ‘‘early childhood education program’’; 

(C) in paragraph (2), by striking ‘‘early childhood 

development programs such as the Early Reading First 
S. 1177—75 

program’’ and inserting ‘‘early childhood education programs’’; 

(D) in paragraph (3), by striking ‘‘early childhood 

development programs such as the Early Reading First 

program’’ and inserting ‘‘early childhood education programs’’; 

(E) in paragraph (4)— 

(i) by striking ‘‘Early Reading First program staff,’’; 

and 

(ii) by striking ‘‘early childhood development program’’ and inserting ‘‘early childhood education program’’; and 

(F) in paragraph (5), by striking ‘‘and entities carrying 

out Early Reading First programs’’. 

SEC. 1014. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY 

OF THE INTERIOR. 

Section 1121 (20 U.S.C. 6331) is amended to read as follows: 

‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY 

OF THE INTERIOR. 

‘‘(a) RESERVATION OF FUNDS.—Subject to subsection (e), from 

the amount appropriated for payments to States for any fiscal 

year under section 1002(a), the Secretary shall— 

‘‘(1) reserve 0.4 percent to provide assistance to the outlying 

areas in accordance with subsection (b); and 

‘‘(2) reserve 0.7 percent to provide assistance to the Secretary of the Interior in accordance with subsection (d). 

‘‘(b) ASSISTANCE TO OUTLYING AREAS.— ‘‘(1) FUNDS RESERVED.—From the amount made available 

for any fiscal year under subsection (a)(1), the Secretary shall— ‘‘(A) first reserve $1,000,000 for the Republic of Palau, 

until Palau enters into an agreement for extension of 

United States educational assistance under the Compact 

of Free Association, and subject to such terms and conditions as the Secretary may establish, except that Public 

Law 95–134, permitting the consolidation of grants, shall 

not apply; and 

‘‘(B) use the remaining funds to award grants to the 

outlying areas in accordance with paragraphs (2) through 

(5). 

‘‘(2) AMOUNT OF GRANTS.—The Secretary shall allocate the 

amount available under paragraph (1)(B) to the outlying areas 

in proportion to their relative numbers of children, aged 5 

to 17, inclusive, from families below the poverty level, on the 

basis of the most recent satisfactory data available from the 

Department of Commerce. 

‘‘(3) HOLD-HARMLESS AMOUNTS.—For each fiscal year, the 

amount made available to each outlying area under this subsection shall be— 

‘‘(A) not less than 95 percent of the amount made 

available for the preceding fiscal year if the number of 

children counted under paragraph (2) is not less than 30 

percent of the total number of children aged 5 to 17 years, 

inclusive, in the outlying area; 

‘‘(B) not less than 90 percent of the amount made 

available for the preceding fiscal year if the percentage 
S. 1177—76 

described in subparagraph (A) is between 15 percent and 

30 percent; and 

‘‘(C) not less than 85 percent of the amount made 

available for the preceding fiscal year if the percentage 

described in subparagraph (A) is below 15 percent. 

‘‘(4) RATABLE REDUCTIONS.—If the amount made available 

under paragraph (1)(B) for any fiscal year is insufficient to 

pay the full amounts that the outlying areas are eligible to 

receive under paragraphs (2) and (3) for that fiscal year, the 

Secretary shall ratably reduce those amounts. 

‘‘(5) USES.—Grant funds awarded under paragraph (1)(A) 

may be used only— 

‘‘(A) for programs described in this Act, including 

teacher training, curriculum development, instructional 

materials, or general school improvement and reform; and 

‘‘(B) to provide direct educational services that assist 

all students with meeting the challenging State academic 

standards. 

‘‘(c) DEFINITIONS.—For the purpose of this section, the term 

‘outlying area’ means the United States Virgin Islands, Guam, 

American Samoa, and the Commonwealth of the Northern Mariana 

Islands. 

‘‘(d) ALLOTMENT TO THE SECRETARY OF THE INTERIOR.— 

‘‘(1) IN GENERAL.—The amount allotted for payments to 

the Secretary of the Interior under subsection (a)(2) for any 

fiscal year shall be used, in accordance with such criteria as 

the Secretary may establish, to meet the unique educational 

needs of— 

‘‘(A) Indian children on reservations served by 

elementary schools and secondary schools for Indian children operated or supported by the Department of the 

Interior; and 

‘‘(B) out-of-State Indian children in elementary schools 

and secondary schools in local educational agencies under 

special contracts with the Department of the Interior. 

‘‘(2) PAYMENTS.—From the amount allotted for payments 

to the Secretary of the Interior under subsection (a)(2), the 

Secretary of the Interior shall make payments to local educational agencies, on such terms as the Secretary determines 

will best carry out the purposes of this part, with respect 

to out-of-State Indian children described in paragraph (1). The 

amount of such payment may not exceed, for each such child, 

the greater of— 

‘‘(A) 40 percent of the average per-pupil expenditure 

in the State in which the agency is located; or 

‘‘(B) 48 percent of such expenditure in the United 

States. 

‘‘(e) LIMITATION ON APPLICABILITY.—If, by reason of the application of subsection (a) for any fiscal year, the total amount available 

for allocation to all States under this part would be less than 

the amount allocated to all States for fiscal year 2016 under this 

part, the Secretary shall provide assistance to the outlying areas 

and the Secretary of the Interior in accordance with this section, 

as in effect on the day before the date of enactment of the Every 

Student Succeeds Act.’’. 
S. 1177—77 

SEC. 1015. ALLOCATIONS TO STATES. 

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

(1) in the matter preceding paragraph (1), by striking 

‘‘2002–2007’’ and inserting ‘‘2017–2020’’; and 

(2) by striking paragraph (3) and inserting the following: 

‘‘(3) an amount equal to 100 percent of the amount, if 

any, by which the total amount made available under this 

subsection for the current fiscal year for which the determination is made exceeds the total amount available to carry out 

sections 1124 and 1124A for fiscal year 2001 shall be used 

to carry out sections 1125 and 1125A and such amount shall 

be divided equally between sections 1125 and 1125A.’’. 

SEC. 1016. ADEQUACY OF FUNDING RULE. 

Section 1125AA (20 U.S.C. 6336) is amended by striking the 

section heading and all that follows through ‘‘Pursuant’’ and 

inserting the following: ‘‘ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR 2001.— 

Pursuant’’. 

SEC. 1017. EDUCATION FINANCE INCENTIVE GRANT PROGRAM. 

Section 1125A (20 U.S.C. 6337) is amended— 

(1) in subsection (a), by striking ‘‘funds appropriated under 

subsection (f)’’ and inserting ‘‘funds made available under section 1122(a)’’; 

(2) in subsection (b)(1)— 

(A) in subparagraph (A), by striking ‘‘appropriated 

pursuant to subsection (f)’’ and inserting ‘‘made available 

for any fiscal year to carry out this section’’; and 

(B) in subparagraph (B)(i), by striking ‘‘total appropriations’’ and inserting ‘‘the total amount reserved under section 1122(a) to carry out this section’’; 

(3) in subsection (c), by redesignating subparagraphs (A) 

and (B) as paragraphs (1) and (2), respectively; 

(4) in subsection (d)(1)(A)(ii), by striking ‘‘clause ‘‘(i)’’ and 

inserting ‘‘clause (i)’’; 

(5) by striking subsection (e) and inserting the following: 

‘‘(e) MAINTENANCE OF EFFORT.— 

‘‘(1) IN GENERAL.—A State is entitled to receive its full 

allotment of funds under this section for any fiscal year if 

the Secretary finds that the State’s fiscal effort per student 

or the aggregate expenditures of the State with respect to 

the provision of free public education by the State for the 

preceding fiscal year was not less than 90 percent of the fiscal 

effort or aggregate expenditures for the second preceding fiscal 

year, subject to the requirements of paragraph (2). 

‘‘(2) REDUCTION IN CASE OF FAILURE TO MEET.— 

‘‘(A) IN GENERAL.—The Secretary shall reduce the 

amount of the allotment of funds under this section for 

any fiscal year in the exact proportion by which a State 

fails to meet the requirement of paragraph (1) by falling 

below 90 percent of both the fiscal effort per student and 

aggregate expenditures (using the measure most favorable 

to the State), if such State has also failed to meet such 

requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately 

preceding fiscal years. 
S. 1177—78 

‘‘(B) SPECIAL RULE.—No such lesser amount shall be 

used for computing the effort required under paragraph 

(1) for subsequent years. 

‘‘(3) WAIVER.—The Secretary may waive the requirements 

of this subsection if the Secretary determines that a waiver 

would be equitable due to— 

‘‘(A) exceptional or uncontrollable circumstances, such 

as a natural disaster or a change in the organizational 

structure of the State; or 

‘‘(B) a precipitous decline in the financial resources 

of the State.’’; 

(6) by striking subsection (f); 

(7) by redesignating subsection (g) as subsection (f); and 

(8) in subsection (f), as redesignated by paragraph (7)— 

(A) in paragraph (1), by striking ‘‘under this section’’ 

and inserting ‘‘to carry out this section’’; and 

(B) in paragraph (3), in the matter preceding subparagraph (A), by striking ‘‘shall be’’ and inserting ‘‘shall be— 

’’. 

PART B—STATE ASSESSMENT GRANTS 

SEC. 1201. STATE ASSESSMENT GRANTS. 

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

as follows: 

‘‘PART B—STATE ASSESSMENT GRANTS 

‘‘SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES. 

‘‘(a) GRANTS AUTHORIZED.—From amounts made available in 

accordance with section 1203, the Secretary shall make grants 

to State educational agencies to enable the States to carry out 

1 or more of the following: 

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

assessments and standards adopted under section 1111(b), 

which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such 

State. 

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

under section 1111(b), to administer those assessments or to 

carry out other assessment activities described in this part, 

such as the following: 

‘‘(A) Ensuring the provision of appropriate accommodations available to English learners and children with 

disabilities to improve the rates of inclusion in regular 

assessments of such children, including professional 

development activities to improve the implementation of 

such accommodations in instructional practice. 

‘‘(B) Developing challenging State academic standards 

and aligned assessments in academic subjects for which 

standards and assessments are not required under section 

1111(b). 
S. 1177—79 

‘‘(C) Developing or improving assessments for English 

learners, including assessments of English language proficiency as required under section 1111(b)(2)(G) and academic assessments in languages other than English to meet 

the State’s obligations under section 1111(b)(2)(F). 

‘‘(D) Ensuring the continued validity and reliability 

of State assessments. 

‘‘(E) Refining State assessments to ensure their continued alignment with the challenging State academic standards and to improve the alignment of curricula and instructional materials. 

‘‘(F) Developing or improving balanced assessment systems that include summative, interim, and formative 

assessments, including supporting local educational agencies in developing or improving such assessments. 

‘‘(G) At the discretion of the State, refining science 

assessments required under section 1111(b)(2) in order to 

integrate engineering design skills and practices into such 

assessments. 

‘‘(H) Developing or improving models to measure and 

assess student progress or student growth on State assessments under section 1111(b)(2) and other assessments not 

required under section 1111(b)(2). 

‘‘(I) Developing or improving assessments for children 

with disabilities, including alternate assessments aligned 

to alternate academic achievement standards for students 

with the most significant cognitive disabilities described 

in section 1111(b)(2)(D), and using the principles of universal design for learning. 

‘‘(J) Allowing for collaboration with institutions of 

higher education, other research institutions, or other 

organizations to improve the quality, validity, and reliability of State academic assessments beyond the requirements for such assessments described in section 1111(b)(2). 

‘‘(K) Measuring student academic achievement using 

multiple measures of student academic achievement from 

multiple sources. 

‘‘(L) Evaluating student academic achievement through 

the development of comprehensive academic assessment 

instruments (such as performance and technology-based 

academic assessments, computer adaptive assessments, 

projects, or extended performance task assessments) that 

emphasize the mastery of standards and aligned competencies in a competency-based education model. 

‘‘(M) Designing the report cards and reports under 

section 1111(h) in an easily accessible, user friendlymanner that cross-tabulates student information by any 

category the State determines appropriate, as long as such 

cross-tabulation— 

‘‘(i) does not reveal personally identifiable information about an individual student; and 

‘‘(ii) is derived from existing State and local 

reporting requirements. 

‘‘(b) RULE OF CONSTRUCTION.—Nothing in subsection (a)(2)(M) 

shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to 
S. 1177—80 

be reported to the Secretary unless such reporting, data, or information is explicitly authorized under this Act. 

‘‘(c) ANNUAL REPORT.—Each State educational agency receiving 

a grant under this section shall submit an annual report to the 

Secretary describing the State’s activities under the grant and 

the result of such activities. 

‘‘SEC. 1202. STATE OPTION TO CONDUCT ASSESSMENT SYSTEM AUDIT. 

‘‘(a) IN GENERAL.—From the amount reserved under section 

1203(a)(3) for a fiscal year, the Secretary shall make grants to 

States to enable the States to— 

‘‘(1) in the case of a grant awarded under this section 

to a State for the first time— 

‘‘(A) audit State assessment systems and ensure that 

local educational agencies audit local assessments under 

subsection (e)(1); 

‘‘(B) execute the State plan under subsection (e)(3)(D); 

and 

‘‘(C) award subgrants under subsection (f); and 

‘‘(2) in the case of a grant awarded under this section 

to a State that has previously received a grant under this 

section— 

‘‘(A) execute the State plan under subsection (e)(3)(D); 

and 

‘‘(B) award subgrants under subsection (f). 

‘‘(b) MINIMUM AMOUNT.—Each State that receives a grant under 

this section shall receive an annual grant amount of not less than 

$1,500,000. 

‘‘(c) REALLOCATION.—If a State chooses not to apply for a grant 

under this section, the Secretary shall reallocate such grant amount 

to other States in accordance with the formula described in section 

1203(a)(4)(B). 

‘‘(d) APPLICATION.—A State desiring to receive a grant under 

this section shall submit an application to the Secretary at such 

time and in such manner as the Secretary shall require. The 

application shall include a description of— 

‘‘(1) in the case of a State that is receiving a grant under 

this section for the first time— 

‘‘(A) the audit the State will carry out under subsection 

(e)(1); and 

‘‘(B) the stakeholder feedback the State will seek in 

designing such audit; 

‘‘(2) in the case of a State that is not receiving a grant 

under this section for the first time, the plan described in 

subsection (e)(3)(D); and 

‘‘(3) how the State will award subgrants to local educational 

agencies under subsection (f). 

‘‘(e) AUDITS OF STATE ASSESSMENT SYSTEMS AND LOCAL ASSESSMENTS.— 

‘‘(1) AUDIT REQUIREMENTS.—Not later than 1 year after 

the date a State receives an initial grant under this section, 

the State shall— 

‘‘(A) conduct a State assessment system audit as 

described in paragraph (3); 

‘‘(B) ensure that each local educational agency receiving 

funds under this section— 
S. 1177—81 

‘‘(i) conducts an audit of local assessments administered by the local educational agency as described in 

paragraph (4); and 

‘‘(ii) submits the results of such audit to the State; 

and 

‘‘(C) report the results of each State and local educational agency audit conducted under subparagraphs (A) 

and (B), in a format that is widely accessible and publicly 

available. 

‘‘(2) RESOURCES FOR LOCAL EDUCATIONAL AGENCIES.—In 

carrying out paragraph (1)(B), each State shall provide local 

educational agencies with resources, such as guidelines and 

protocols, to assist in conducting and reporting audit results. 

‘‘(3) STATE ASSESSMENT SYSTEM DESCRIPTION.—Each State 

assessment system audit conducted under paragraph (1)(A) 

shall include— 

‘‘(A) the schedule for the administration of all State 

assessments; 

‘‘(B) for each State assessment— 

‘‘(i) the purpose for which the assessment was 

designed and the purpose for which the assessment 

is used; and 

‘‘(ii) the legal authority for the administration of 

the assessment; 

‘‘(C) feedback on such system from stakeholders, which 

shall include information such as— 

‘‘(i) how teachers, principals, other school leaders, 

and administrators use assessment data to improve 

and differentiate instruction; 

‘‘(ii) the timing of release of assessment data; 

‘‘(iii) the extent to which assessment data is presented in an accessible and understandable format for 

all stakeholders; 

‘‘(iv) the opportunities, resources, and training 

teachers, principals, other school leaders, and administrators are given to review assessment results and 

make effective use of assessment data; 

‘‘(v) the distribution of technological resources and 

personnel necessary to administer assessments; 

‘‘(vi) the amount of time teachers spend on assessment preparation and administration; 

‘‘(vii) the assessments that administrators, 

teachers, principals, other school leaders, parents, and 

students, if appropriate, do and do not find useful; 

and 

‘‘(viii) other information as appropriate; and 

‘‘(D) a plan, based on the information gathered as 

a result of the activities described in subparagraphs (A), 

(B), and (C), to improve and streamline the State assessment system, including activities such as— 

‘‘(i) eliminating any unnecessary assessments, 

which may include paying the cost associated with 

terminating procurement contracts; 

‘‘(ii) supporting the dissemination of best practices 

from local educational agencies or other States that 

have successfully improved assessment quality and 

efficiency to improve teaching and learning; and 
S. 1177—82 

‘‘(iii) supporting local educational agencies or consortia of local educational agencies to carry out efforts 

to streamline local assessment systems and implement 

a regular process of review and evaluation of assessment use in local educational agencies. 

‘‘(4) LOCAL ASSESSMENT DESCRIPTION.—An audit of local 

assessments conducted in accordance with paragraph (1)(B)(i) 

shall include the same information described in paragraph (3) 

that is required of a State audit, except that such information 

shall be included as applicable to the local educational agency 

and the local assessments. 

‘‘(f) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— ‘‘(1) IN GENERAL.—Each State shall reserve not less than 

20 percent of the grant funds awarded to the State under 

this section to make subgrants to local educational agencies 

in the State or consortia of such local educational agencies, 

based on demonstrated need in the agency’s or consortium’s 

application, to enable such agencies or consortia to improve 

assessment quality and use, and alignment, including, if 

applicable, alignment to the challenging State academic standards. 

‘‘(2) LOCAL EDUCATIONAL AGENCY APPLICATION.—Each local 

educational agency, or consortium of local educational agencies, 

seeking a subgrant under this subsection shall submit an 

application to the State at such time, in such manner, and 

containing such other information as determined necessary by 

the State. The application shall include a description of the 

agency’s or consortium’s needs relating to the improvement 

of assessment quality, use, and alignment. 

‘‘(3) USE OF FUNDS.—A subgrant awarded under this subsection to a local educational agency or consortium of such 

agencies may be used to— 

‘‘(A) conduct an audit of local assessments under subsection (e)(1)(B)(i); 

‘‘(B) carry out the plan described in subsection (e)(3)(D) 

as it pertains to such agency or consortium; 

‘‘(C) improve assessment delivery systems and schedules, including by increasing access to technology and 

assessment proctors, where appropriate; 

‘‘(D) hire instructional coaches, or promote teachers 

who may receive increased compensation to serve as 

instructional coaches, to support teachers in the development of classroom-based assessments, interpreting assessment data, and designing instruction; 

‘‘(E) provide for appropriate accommodations to maximize inclusion of children with disabilities and English 

learners participating in assessments; and 

‘‘(F) improve the capacity of teachers, principals, and 

other school leaders to disseminate assessment data in 

an accessible and understandable format for parents and 

families, including for children with disabilities and English 

learners. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) LOCAL ASSESSMENT.—The term ‘local assessment’ 

means an academic assessment selected and carried out by 

a local educational agency that is separate from an assessment 

required under section 1111(b)(2). 
S. 1177—83 

‘‘(2) STATE.—The term ‘State’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

‘‘SEC. 1203. ALLOTMENT OF APPROPRIATED FUNDS. 

‘‘(a) AMOUNTS EQUAL TO OR LESS THAN TRIGGER AMOUNT.— 

From amounts made available for each fiscal year under subsection 

1002(b) that are equal to or less than the amount described in 

section 1111(b)(2)(I), the Secretary shall— 

‘‘(1) reserve one-half of 1 percent for the Bureau of Indian 

Education; 

‘‘(2) reserve one-half of 1 percent for the outlying areas; 

‘‘(3) reserve not more than 20 percent to carry out section 

1202; and 

‘‘(4) from the remainder, carry out section 1201 by allocating to each State an amount equal to— 

‘‘(A) $3,000,000, except for a fiscal year for which the 

amounts available are insufficient to allocate such amount 

to each State, the Secretary shall ratably reduce such 

amount for each State; and 

‘‘(B) with respect to any amounts remaining after the 

allocation under subparagraph (A), an amount that bears 

the same relationship to such total remaining amounts 

as the number of students aged 5 through 17 in the State 

(as determined by the Secretary on the basis of the most 

recent satisfactory data) bears to the total number of such 

students in all States. 

‘‘(b) AMOUNTS ABOVE TRIGGER AMOUNT.—For any fiscal year 

for which the amount made available for a fiscal year under subsection 1002(b) exceeds the amount described in section 

1111(b)(2)(I), the Secretary shall make such excess amount available 

as follows: 

‘‘(1) COMPETITIVE GRANTS.— 

‘‘(A) IN GENERAL.—The Secretary shall first use such 

funds to award grants, on a competitive basis, to State 

educational agencies or consortia of State educational agencies that have submitted applications described in subparagraph (B) to enable such States to carry out the activities 

described in subparagraphs (C), (H), (I), (J), (K), and (L) 

of section 1201(a)(2). 

‘‘(B) APPLICATIONS.—A State, or a consortium of States, 

that desires a competitive grant under subparagraph (A) 

shall submit an application to the Secretary at such time 

and in such manner as the Secretary may reasonably 

require. The application shall demonstrate that the requirements of this section will be met for the uses of funds 

described under subparagraph (A). 

‘‘(C) AMOUNT OF COMPETITIVE GRANTS.—In determining 

the amount of a grant under subparagraph (A), the Secretary shall ensure that a State or consortium’s grant, 

as the case may be, shall include an amount that bears 

the same relationship to the total funds available to carry 

out this subsection for the fiscal year as the number of 

students aged 5 through 17 in the State, or, in the case 

of a consortium, in each State that comprises the consortium, (as determined by the Secretary on the basis of 
S. 1177—84 

the most recent satisfactory data) bears to the total number 

of such students in all States. 

‘‘(2) ALLOTMENTS.—Any amounts remaining after the Secretary awards funds under paragraph (1) shall be allotted to 

each State, or consortium of States, that did not receive a 

grant under such paragraph, in an amount that bears the 

same relationship to the remaining amounts as the number 

of students aged 5 through 17 in the State, or, in the case 

of a consortium, in the States of the consortium, (as determined 

by the Secretary on the basis of the most recent satisfactory 

data) bears to the total number of such students in all States. 

‘‘(c) STATE DEFINED.—In this part, the term ‘State’ means each 

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

of Puerto Rico. 

‘‘(d) PROHIBITION.—In making funds available to States under 

this part, the Secretary shall comply with the prohibitions described 

in section 8529. 

‘‘SEC. 1204. INNOVATIVE ASSESSMENT AND ACCOUNTABILITY DEMONSTRATION AUTHORITY. 

‘‘(a) INNOVATIVE ASSESSMENT SYSTEM DEFINED.—The term 

‘innovative assessment system’ means a system of assessments 

that may include— 

‘‘(1) competency-based assessments, instructionally 

embedded assessments, interim assessments, cumulative yearend assessments, or performance-based assessments that combine into an annual summative determination for a student, 

which may be administered through computer adaptive assessments; and 

‘‘(2) assessments that validate when students are ready 

to demonstrate mastery or proficiency and allow for differentiated student support based on individual learning needs. 

‘‘(b) DEMONSTRATION AUTHORITY.— ‘‘(1) IN GENERAL.—The Secretary may provide a State educational agency, or a consortium of State educational agencies, 

in accordance with paragraph (3), with the authority to establish an innovative assessment system (referred to in this section 

as ‘demonstration authority’). 

‘‘(2) DEMONSTRATION PERIOD.—In accordance with the 

requirements described in subsection (e), each State educational 

agency, or consortium of State educational agencies, that submits an application under this section shall propose in its 

application the period of time over which the State educational 

agency or consortium desires to exercise the demonstration 

authority, except that such period shall not exceed 5 years. 

‘‘(3) INITIAL DEMONSTRATION AUTHORITY AND EXPANSION.— 

During the first 3 years that the Secretary provides State 

educational agencies and consortia with demonstration 

authority (referred to in this section as the ‘initial demonstration period’) the Secretary shall provide such demonstration 

authority to— 

‘‘(A) a total number of not more than 7 participating 

State educational agencies, including those participating 

in consortia, that have applications approved under subsection (e); and 

‘‘(B) consortia that include not more than 4 State educational agencies. 
S. 1177—85 

‘‘(c) PROGRESS REPORT.— ‘‘(1) IN GENERAL.—Not later than 180 days after the end 

of the initial demonstration period, and prior to providing additional State educational agencies with demonstration authority, 

the Director of the Institute of Education Sciences, in consultation with the Secretary, shall publish a report detailing the 

initial progress of innovative assessment systems carried out 

through demonstration authority under this section. 

‘‘(2) CRITERIA.—The progress report under paragraph (1) 

shall be based on the annual information submitted by participating States described in subsection (e)(2)(B)(ix) and examine 

the extent to which— 

‘‘(A) with respect to each innovative assessment 

system— 

‘‘(i) the State educational agency has solicited feedback from teachers, principals, other school leaders, 

and parents about their satisfaction with the innovative assessment system; 

‘‘(ii) teachers, principals, and other school leaders 

have demonstrated a commitment and capacity to 

implement or continue to implement the innovative 

assessment system; and 

‘‘(iii) substantial evidence exists demonstrating 

that the innovative assessment system has been developed in accordance with the requirements of subsection 

(e); and 

‘‘(B) each State with demonstration authority has demonstrated that— 

‘‘(i) the same innovative assessment system was 

used to measure the achievement of all students that 

participated in the innovative assessment system; and 

‘‘(ii) of the total number of all students, and the 

total number of each of the subgroups of students 

defined in section 1111(c)(2), eligible to participate in 

the innovative assessment system in a given year, 

the State assessed in that year an equal or greater 

percentage of such eligible students, as measured 

under section 1111(c)(4)(E), as were assessed in the 

State in such year using the assessment system under 

section 1111(b)(2). 

‘‘(3) USE OF REPORT.—Upon completion of the progress 

report, the Secretary shall provide a response to the findings 

of the progress report, including a description of how the 

findings of the report will be used— 

‘‘(A) to support State educational agencies with demonstration authority through technical assistance; and 

‘‘(B) to inform the peer-review process described in 

subsection (f) for advising the Secretary on the awarding 

of the demonstration authority to the additional State educational agencies described in subsection (d). 

‘‘(4) PUBLICLY AVAILABLE.—The Secretary shall make the 

progress report under this subsection and the response 

described in paragraph (3) publicly available on the website 

of the Department. 

‘‘(5) PROHIBITION.—The Secretary shall not require States 

that have demonstration authority to submit any information 

for the purposes of the progress report that is in addition 
S. 1177—86 

to the information the State is already required to provide 

under subsection (e)(2)(B)(x). 

‘‘(d) EXPANSION OF THE DEMONSTRATION AUTHORITY.—Upon 

completion and publication of the report described in subsection 

(c), the Secretary may grant demonstration authority to additional 

State educational agencies or consortia that submit an application 

under subsection (e). Such State educational agencies or consortia 

of State educational agencies shall be subject to all of the same 

terms, conditions, and requirements of this section. 

‘‘(e) APPLICATION.— 

‘‘(1) IN GENERAL.—A State educational agency, or consortium of State educational agencies, that desires to participate 

in the program of demonstration authority under this section 

shall submit an application to the Secretary at such time and 

in such manner as the Secretary may reasonably require. 

‘‘(2) CONTENTS.—Such application shall include a description of the innovative assessment system, the experience the 

applicant has in implementing any components of the innovative assessment system, and the timeline over which the State 

or consortium proposes to exercise the demonstration authority. 

In addition, the application shall include each of the following: 

‘‘(A) A demonstration that the innovative assessment 

system will— 

‘‘(i) meet all the requirements of section 

1111(b)(2)(B), except the requirements of clauses (i) 

and (v) of such section; 

‘‘(ii) be aligned to the challenging State academic 

standards and address the depth and breadth of such 

standards; 

‘‘(iii) express student results or student competencies in terms consistent with the State’s aligned 

academic achievement standards under section 

1111(b)(1); 

‘‘(iv) generate results that are valid and reliable, 

and comparable, for all students and for each subgroup 

of students described in section 1111(b)(2)(B)(xi), as 

compared to the results for such students on the State 

assessments under section 1111(b)(2); 

‘‘(v) be developed in collaboration with— 

‘‘(I) stakeholders representing the interests of 

children with disabilities, English learners, and 

other vulnerable children; 

‘‘(II) teachers, principals, and other school 

leaders; 

‘‘(III) local educational agencies; 

‘‘(IV) parents; and 

‘‘(V) civil rights organizations in the State; 

‘‘(vi) be accessible to all students, such as by incorporating the principles of universal design for learning; 

‘‘(vii) provide teachers, principals, other school 

leaders, students, and parents with timely data, 

disaggregated by each subgroup of students described 

in section 1111(b)(2)(B)(xi), to inform and improve 

instructional practice and student supports; 
S. 1177—87 

‘‘(viii) identify which students are not making 

progress toward the challenging State academic standards so that teachers can provide instructional support 

and targeted interventions to all students; 

‘‘(ix) annually measure the progress of not less 

than the same percentage of all students and students 

in each of the subgroups of students, as defined in 

section 1111(c)(2), who are enrolled in schools that 

are participating in the innovative assessment system 

and are required to take such assessments, as measured under section 1111(c)(4)(E), as were assessed by 

schools administering the assessment under section 

1111(b)(2); 

‘‘(x) generate an annual, summative achievement 

determination, based on the aligned State academic 

achievement standards under section 1111(b)(1) and 

based on annual data, for each individual student; 

and 

‘‘(xi) allow the State educational agency to validly 

and reliably aggregate data from the innovative assessment system for purposes of— 

‘‘(I) accountability, consistent with the requirements of section 1111(c); and 

‘‘(II) reporting, consistent with the requirements of section 1111(h). 

‘‘(B) A description of how the State educational agency 

will— 

‘‘(i) continue use of the statewide academic assessments required under section 1111(b)(2) if such assessments will be used for accountability purposes for the 

duration of the demonstration authority period; 

‘‘(ii) identify the distinct purposes for each assessment that is part of the innovative assessment system; 

‘‘(iii) provide support and training to local educational agency and school staff to implement the 

innovative assessment system described in this subsection; 

‘‘(iv) inform parents of students in participating 

local educational agencies about the innovative assessment system at the beginning of each school year 

during which the innovative assessment system will 

be implemented; 

‘‘(v) engage and support teachers in developing 

and scoring assessments that are part of the innovative 

assessment system, including through the use of highquality professional development, standardized and 

calibrated scoring rubrics, and other strategies, consistent with relevant nationally recognized professional 

and technical standards, to ensure inter-rater reliability and comparability; 

‘‘(vi) acclimate students to the innovative assessment system; 

‘‘(vii) ensure that students with the most significant cognitive disabilities may be assessed with alternate assessments consistent with section 1111(b)(2)(D); 

‘‘(viii) if the State is proposing to administer the 

innovative assessment system initially in a subset of 
S. 1177—88 

local educational agencies, scale up the innovative 

assessment system to administer such system statewide, or with additional local educational agencies, 

in the State’s proposed demonstration authority period; 

‘‘(ix) gather data, solicit regular feedback from 

teachers, principals, other school leaders, and parents, 

and assess the results of each year of the program 

of demonstration authority under this section, and 

respond by making needed changes to the innovative 

assessment system; and 

‘‘(x) report data from the innovative assessment 

system annually to the Secretary, including— 

‘‘(I) demographics of participating local educational agencies, if such system is not statewide, 

and additional local educational agencies if added 

to the system during the course of the State’s 

demonstration authority period or 2-year extension, except that such data shall not reveal any 

personally identifiable information, including a 

description of how the inclusion of additional local 

educational agencies contributes to progress 

toward achieving high-quality and consistent 

implementation across demographically diverse 

local educational agencies throughout the demonstration authority period; 

‘‘(II) the performance of all participating students, and for each subgroup of students defined 

in section 1111(c)(2), on the innovative assessment, 

consistent with the requirements in section 

1111(h), except that such data shall not reveal 

any personally identifiable information; 

‘‘(III) feedback from teachers, principals, other 

school leaders, and parents about their satisfaction 

with the innovative assessment system; and 

‘‘(IV) if such system is not statewide, a description of the State’s progress in scaling up the 

innovative assessment system to additional local 

educational agencies during the State’s demonstration authority period, as described in clause (viii). 

‘‘(C) A description of the State educational agency’s 

plan to— 

‘‘(i) ensure that all students and each of the subgroups of students defined in section 1111(c)(2) participating in the innovative assessment system receive 

the instructional support needed to meet State aligned 

academic achievement standards; 

‘‘(ii) ensure that each local educational agency has 

the technological infrastructure to implement the 

innovative assessment system; and 

‘‘(iii) hold all schools in the local educational agencies participating in the program of demonstration 

authority accountable for meeting the State’s expectations for student achievement. 

‘‘(D) If the innovative assessment system will initially 

be administered in a subset of local educational agencies— 
S. 1177—89 

‘‘(i) a description of the local educational agencies 

within the State educational agency that will participate, including what criteria the State has for 

approving any additional local educational agencies to 

participate during the demonstration authority period; 

‘‘(ii) assurances from such local educational agencies that such agencies will comply with the requirements of this subsection; 

‘‘(iii) a description of how the State will— 

‘‘(I) ensure that the inclusion of additional 

local educational agencies contributes to progress 

toward achieving high-quality and consistent 

implementation across demographically diverse 

local educational agencies during the demonstration authority period; and 

‘‘(II) ensure that the participating local educational agencies, as a group, will be demographically similar to the State as a whole by the end 

of the State’s demonstration authority period; and 

‘‘(iv) a description of the State educational agency’s 

plan to hold all students and each of the subgroups 

of students, as defined in section 1111(c)(2), to the 

same high standard as other students in the State. 

‘‘(f) PEER REVIEW.—The Secretary shall— 

‘‘(1) implement a peer-review process to inform— 

‘‘(A) the awarding of demonstration authority under 

this section and the approval to operate an innovative 

assessment system for the purposes of subsections (b)(2) 

and (c) of section 1111, as described in subsection (h); 

and 

‘‘(B) determinations about whether an innovative 

assessment system— 

‘‘(i) is comparable to the State assessments under 

section 1111(b)(2)(B)(v), valid, reliable, of high technical quality, and consistent with relevant, nationally 

recognized professional and technical standards; and 

‘‘(ii) provides an unbiased, rational, and consistent 

determination of progress toward the goals described 

under section 1111(c)(4)(A)(i) for all students; 

‘‘(2) ensure that the peer-review team consists of practitioners and experts who are knowledgeable about the innovative 

assessment system being proposed for all participating students, including— 

‘‘(A) individuals with past experience developing systems of assessment innovation that support all students, 

including English learners, children with disabilities, and 

disadvantaged students; and 

‘‘(B) individuals with experience implementing innovative assessment and accountability systems; 

‘‘(3) make publicly available the applications submitted 

under subsection (c) and the peer-review comments and recommendations regarding such applications; 

‘‘(4) make a determination and inform the State regarding 

approval or disapproval of the application under subsection 

(c) not later than 90 days after receipt of the complete application; 
S. 1177—90 

‘‘(5) if the Secretary disapproves an application under paragraph (4), offer the State an opportunity to— 

‘‘(A) revise and resubmit such application within 60 

days of the disapproval determination; and 

‘‘(B) submit additional evidence that the State’s 

application meets the requirements of subsection (c); and 

‘‘(6) make a determination regarding application approval 

or disapproval of a resubmitted application under paragraph 

(5) not later than 45 days after receipt of the resubmitted 

application. 

‘‘(g) EXTENSION.—The Secretary may extend an authorization 

of demonstration authority under this section for an additional 

2 years if the State educational agency demonstrates with evidence 

that the State educational agency’s innovative assessment system 

is continuing to meet the requirements of subsection (c), including 

by demonstrating a plan for, and the capacity to, transition to 

statewide use of the innovative assessment system by the end 

of the 2-year extension period. 

‘‘(h) USE OF INNOVATIVE ASSESSMENT SYSTEM.—A State may, 

during the State’s approved demonstration authority period or 2- 

year extension, include results from the innovative assessment systems developed under this section in accountability determinations 

for each student in the participating local educational agencies 

instead of, or in addition to, results from the assessment system 

under section 1111(b)(2) if the State demonstrates that the State 

has met the requirements under subsection (c). The State shall 

continue to meet all other requirements of section 1111(c). 

‘‘(i) WITHDRAWAL OF AUTHORITY.—The Secretary shall withdraw 

the authorization for demonstration authority provided to a State 

educational agency under this section and such State shall return 

to use of the statewide assessment system under section 1111(b)(2) 

for all local educational agencies in the State if, at any time during 

a State’s approved demonstration authority period or 2-year extension, the State educational agency cannot present to the Secretary 

evidence that the innovative assessment system developed under 

this section— 

‘‘(1) meets the requirements under subsection (c); 

‘‘(2) includes all students attending schools participating 

in the innovative assessment system in a State that has demonstration authority, including each of the subgroups of students, as defined under section 1111(c)(2); 

‘‘(3) provides an unbiased, rational, and consistent determination of progress toward the goals described under section 

1111(c)(4)(A)(i) for all students, which are comparable to measures of academic achievement under section 1111(c)(4)(B)(i) 

across the State in which the local educational agencies are 

located; 

‘‘(4) presents a high-quality plan to transition to full statewide use of the innovative assessment system by the end of 

the State’s approved demonstration authority period or 2-year 

extension, if the innovative assessment system will initially 

be administered in a subset of local educational agencies; and 

‘‘(5) demonstrates comparability to the statewide assessments under section 1111(b)(2) in content coverage, difficulty, 

and quality. 

‘‘(j) TRANSITION.— ‘‘(1) IN GENERAL.— 
S. 1177—91 

‘‘(A) OPERATION OF INNOVATIVE ASSESSMENT SYSTEM.— If, after a State’s approved demonstration authority period 

or 2-year extension, the State educational agency has met 

all the requirements of this section, including having scaled 

the innovative assessment system up to statewide use, 

and demonstrated that such system is of high quality, 

as described in subparagraph (B), the State shall be permitted to operate the innovative assessment system 

approved under the program of demonstration authority 

under this section for the purposes of subsections (b)(2) 

and (c) of section 1111. 

‘‘(B) HIGH QUALITY.—Such system shall be considered 

of high quality if the Secretary, through the peer-review 

process described in section 1111(a)(4), determines that— 

‘‘(i) the innovative assessment system meets all 

of the requirements of this section; 

‘‘(ii) the State has examined the effects of the 

system on other measures of student success, including 

indicators in the accountability system under section 

1111(c)(4)(B); 

‘‘(iii) the innovative assessment system provides 

coherent and timely information about student achievement based on the challenging State academic standards, including objective measurement of academic 

achievement, knowledge, and skills that are valid, reliable, and consistent with relevant, nationally-recognized professional and technical standards; 

‘‘(iv) the State has solicited feedback from teachers, 

principals, other school leaders, and parents about 

their satisfaction with the innovative assessment 

system; and 

‘‘(v) the State has demonstrated that the same 

innovative assessment system was used to measure— 

‘‘(I) the achievement of all students that 

participated in such innovative assessment system; 

and 

‘‘(II) not less than the percentage of such students overall and in each of the subgroups of students, as defined in section 1111(c)(2), as measured 

under section 1111(c)(4)(E), as were assessed under 

the assessment required by section 1111(b)(2). 

‘‘(2) BASELINE.—For the purposes of the evaluation 

described in paragraph (1), the baseline year shall be considered 

the first year that each local educational agency in the State 

used the innovative assessment system. 

‘‘(3) WAIVER AUTHORITY.—A State may request, and the 

Secretary shall review such request and may grant, a delay 

of the withdrawal of authority under subsection (i) for the 

purpose of providing the State with the time necessary to 

implement the innovative assessment system statewide, if, at 

the conclusion of the State’s approved demonstration authority 

period and 2-year extension— 

‘‘(A) the State has met all of the requirements of this 

section, except transition to full statewide use of the innovative assessment system; and 

‘‘(B) the State continues to comply with the other 

requirements of this section, and demonstrates a high- 
S. 1177—92 

quality plan for transition to statewide use of the innovative 

assessment system in a reasonable period of time. 

‘‘(k) AVAILABLE FUNDS.—A State may use funds available under 

section 1201 to carry out this section. 

‘‘(l) CONSORTIUM.—A consortium of States may apply to participate in the program of demonstration authority under this section, 

and the Secretary may provide each State member of such consortium with such authority if each such State member meets all 

of the requirements of this section. Such consortium shall be subject 

to the limitation described in subsection (b)(3)(B) during the initial 

3 years of the demonstration authority. 

‘‘(m) DISSEMINATION OF BEST PRACTICES.— ‘‘(1) IN GENERAL.—Following the publication of the progress 

report described in subsection (c), the Director of the Institute 

of Education Sciences, in consultation with the Secretary, shall 

collect and disseminate the best practices on the development 

and implementation of innovative assessment systems that 

meet the requirements of this section, including best practices 

regarding the development of— 

‘‘(A) summative assessments that— 

‘‘(i) meet the requirements of section 1111(b)(2)(B); 

‘‘(ii) are comparable with statewide assessments 

under section 1111(b)(2); and 

‘‘(iii) include assessment tasks that determine proficiency or mastery of State-approved competencies 

aligned to challenging State academic standards; 

‘‘(B) effective supports for local educational agencies 

and school staff to implement innovative assessment systems; 

‘‘(C) effective engagement and support of teachers in 

developing and scoring assessments and the use of highquality professional development; 

‘‘(D) effective supports for all students, particularly 

each of the subgroups of students, as defined in section 

1111(c)(2), participating in the innovative assessment 

system; and 

‘‘(E) standardized and calibrated scoring rubrics, and 

other strategies, to ensure inter-rater reliability and comparability of determinations of mastery or proficiency 

across local educational agencies and the State. 

‘‘(2) PUBLICATION.—The Secretary shall make the information described in paragraph (1) available on the website of 

the Department and shall publish an update to the information 

not less often than once every 3 years.’’. 

PART C—EDUCATION OF MIGRATORY 

CHILDREN 

SEC. 1301. EDUCATION OF MIGRATORY CHILDREN. 

(a) PROGRAM PURPOSES.—Section 1301 (20 U.S.C. 6391) is 

amended to read as follows: 

‘‘SEC. 1301. PROGRAM PURPOSES. 

‘‘The purposes of this part are as follows: 

‘‘(1) To assist States in supporting high-quality and comprehensive educational programs and services during the school 

year and, as applicable, during summer or intersession periods, 
S. 1177—93 

that address the unique educational needs of migratory children. 

‘‘(2) To ensure that migratory children who move among 

the States are not penalized in any manner by disparities 

among the States in curriculum, graduation requirements, and 

challenging State academic standards. 

‘‘(3) To ensure that migratory children receive full and 

appropriate opportunities to meet the same challenging State 

academic standards that all children are expected to meet. 

‘‘(4) To help migratory children overcome educational 

disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit 

the ability of such children to succeed in school. 

‘‘(5) To help migratory children benefit from State and 

local systemic reforms.’’. 

(b) STATE ALLOCATIONS.—Section 1303 (20 U.S.C. 6393) is 

amended— 

(1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; 

(2) by striking subsections (a) and (b) and inserting the 

following: 

‘‘(a) STATE ALLOCATIONS.—Except as provided in subsection 

(c), each State (other than the Commonwealth of Puerto Rico) 

is entitled to receive under this part an amount equal to the 

product of— 

‘‘(1) the sum of— 

‘‘(A) the average number of identified eligible migratory 

children aged 3 through 21 residing in the State, based 

on data for the preceding 3 years; and 

‘‘(B) the number of identified eligible migratory children, aged 3 through 21, who received services under this 

part in summer or intersession programs provided by the 

State during the previous year; multiplied by 

‘‘(2) 40 percent of the average per-pupil expenditure in 

the State, except that the amount determined under this paragraph shall not be less than 32 percent, nor more than 48 

percent, of the average per-pupil expenditure in the United 

States. 

‘‘(b) HOLD HARMLESS.—Notwithstanding subsection (a), for each 

of fiscal years 2017 through 2019, no State shall receive less than 

90 percent of the State’s allocation under this section for the preceding fiscal year. 

‘‘(c) ALLOCATION TO PUERTO RICO.— 

‘‘(1) IN GENERAL.—For each fiscal year, the grant that 

the Commonwealth of Puerto Rico shall be eligible to receive 

under this part shall be the amount determined by multiplying 

the number of children who would be counted under subsection 

(a)(1) if such subsection applied to the Commonwealth of Puerto 

Rico by the product of— 

‘‘(A) the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest 

average per-pupil expenditure of any of the 50 States, 

subject to paragraphs (2) and (3); and 

‘‘(B) 32 percent of the average per-pupil expenditure 

in the United States. 

‘‘(2) MINIMUM PERCENTAGE.—The percentage described in 

paragraph (1)(A) shall not be less than 85 percent. 
S. 1177—94 

‘‘(3) LIMITATION.—If the application of paragraph (2) for 

any fiscal year would result in any of the 50 States or the 

District of Columbia receiving less under this part than it 

received under this part for the preceding fiscal year, then 

the percentage described in paragraph (1)(A) that is used for 

the Commonwealth of Puerto Rico for the fiscal year for which 

the determination is made shall be the greater of the percentage 

in paragraph (1)(A) for such fiscal year or the percentage used 

for the preceding fiscal year.’’; 

(3) in subsection (d), as redesignated by paragraph (1)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘(A) If, after’’ 

and inserting the following: 

‘‘(A) RATABLE REDUCTIONS.—If, after’’; and 

(ii) in subparagraph (B)— 

(I) by striking ‘‘(B) If additional’’ and inserting 

the following: 

‘‘(B) REALLOCATION.—If additional’’; and 

(II) by striking ‘‘purpose’’ and inserting ‘‘purposes’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘(A) The Secretary’’ and inserting the following: 

‘‘(A) FURTHER REDUCTIONS.—The Secretary’’; and 

(ii) in subparagraph (B), by striking ‘‘(B) The Secretary’’ and inserting the following: 

‘‘(B) REALLOCATION.—The Secretary’’; 

(4) in subsection (e)(3)(B), as redesignated by paragraph 

(1), by striking ‘‘welfare or educational attainment of children’’ 

and inserting ‘‘academic achievement of children’’; 

(5) in subsection (f), as redesignated by paragraph (1)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘estimated’’ and inserting ‘‘identified’’; 

(B) by striking paragraph (1) and inserting the following: 

‘‘(1) use the most recent information that most accurately 

reflects the actual number of migratory children;’’; 

(C) by redesignating paragraphs (2) through (4) as 

paragraphs (3) through (5), respectively; 

(D) by inserting after paragraph (1) the following: 

‘‘(2) develop and implement a procedure for monitoring 

the accuracy of such information;’’; 

(E) in paragraph (4), as redesignated by subparagraph 

(C)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘full-time equivalent’’; and 

(ii) in subparagraph (A)— 

(I) by striking ‘‘special needs’’ and inserting 

‘‘unique needs’’; and 

(II) by striking ‘‘special programs provided 

under this part’’ and inserting ‘‘effective special 

programs provided under this part’’; and 

(F) in paragraph (5), as redesignated by subparagraph 

(C), by striking ‘‘the child whose education has been interrupted’’ and inserting ‘‘migratory children, including the 

most at-risk migratory children’’; and 

(6) by adding at the end the following: 
S. 1177—95 

‘‘(g) NONPARTICIPATING STATES.—In the case of a State desiring 

to receive an allocation under this part for a fiscal year that did 

not receive an allocation for the previous fiscal year or that has 

been participating for less than 3 consecutive years, the Secretary 

shall calculate the State’s number of identified migratory children 

aged 3 through 21 for purposes of subsection (a)(1)(A) by using 

the most recent data available that identifies the migratory children 

residing in the State until data is available to calculate the 3- 

year average number of such children in accordance with such 

subsection.’’. 

(c) STATE APPLICATIONS; SERVICES.—Section 1304 (20 U.S.C. 

6394) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘special educational needs’’ and 

inserting ‘‘unique educational needs’’; and 

(II) by inserting ‘‘and migratory children who 

have dropped out of school’’ after ‘‘preschool migratory children’’; 

(ii) in subparagraph (B)— 

(I) by striking ‘‘migrant children’’ and inserting 

‘‘migratory children’’; and 

(II) by striking ‘‘part A or B of title III’’ and 

inserting ‘‘part A of title III’’; and 

(iii) by striking subparagraph (D) and inserting 

the following: 

‘‘(D) measurable program objectives and outcomes;’’; 

(B) in paragraph (2), by striking ‘‘challenging State 

academic content standards and challenging State student 

academic achievement standards’’ and inserting ‘‘challenging State academic standards’’; 

(C) in paragraph (3), by striking ‘‘, consistent with 

procedures the Secretary may require,’’; 

(D) in paragraph (5), by inserting ‘‘and’’ after the semicolon; 

(E) by striking paragraph (6); 

(F) by redesignating paragraph (7) as paragraph (6); 

and 

(G) in paragraph (6), as redesignated by subparagraph 

(F), by striking ‘‘who have parents who do not have a 

high school diploma’’ and inserting ‘‘whose parents do not 

have a high school diploma’’; 

(2) in subsection (c)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘, satisfactory to the Secretary,’’; 

(B) in paragraph (2), by striking ‘‘subsections (b) and 

(c) of section 1120A, and part I’’ and inserting ‘‘subsections 

(b) and (c) of section 1118, and part F’’; 

(C) in paragraph (3)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘parent advisory councils’’ and 

inserting ‘‘parents of migratory children, including 

parent advisory councils,’’; and 

(II) by striking ‘‘of 1 school year in duration’’ 

and inserting ‘‘not less than 1 school year in duration’’; and 
S. 1177—96 

(ii) in subparagraph (A), by striking ‘‘section 1118’’ 

and inserting ‘‘section 1116’’; 

(D) in paragraph (4), by inserting ‘‘and migratory children who have dropped out of school’’ after ‘‘preschool 

migratory children’’; 

(E) by redesignating paragraph (7) as paragraph (8); 

(F) by striking paragraph (6) and inserting the following: 

‘‘(6) such programs and projects will provide for outreach 

activities for migratory children and their families to inform 

such children and families of other education, health, nutrition, 

and social services to help connect them to such services; 

‘‘(7) to the extent feasible, such programs and projects 

will provide for— 

‘‘(A) advocacy and other outreach activities for migratory children and their families, including helping such 

children and families gain access to other education, health, 

nutrition, and social services; 

‘‘(B) professional development programs, including 

mentoring, for teachers and other program personnel; 

‘‘(C) family literacy programs; 

‘‘(D) the integration of information technology into educational and related programs; and 

‘‘(E) programs to facilitate the transition of secondary 

school students to postsecondary education or employment; 

and’’; and 

(G) in paragraph (8), as redesignated by subparagraph 

(E), by striking ‘‘paragraphs (1)(A) and (2)(B)(i) of section 

1303(a), through such procedures as the Secretary may 

require’’ and inserting ‘‘section 1303(a)(1)’’; 

(3) by striking subsection (d) and inserting the following: 

‘‘(d) PRIORITY FOR SERVICES.—In providing services with funds 

received under this part, each recipient of such funds shall give 

priority to migratory children who have made a qualifying move 

within the previous 1-year period and who— 

‘‘(1) are failing, or most at risk of failing, to meet the 

challenging State academic standards; or 

‘‘(2) have dropped out of school.’’; and 

(4) in subsection (e)(3), by striking ‘‘secondary school students’’ and inserting ‘‘students’’. 

(d) SECRETARIAL APPROVAL; PEER REVIEW.—Section 1305 (20 

U.S.C. 6395) is amended to read as follows: 

‘‘SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW. 

‘‘The Secretary shall approve each State application that meets 

the requirements of this part, and may review any such application 

with the assistance and advice of State officials and other officials 

with relevant expertise.’’. 

(e) COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY

PLAN; AUTHORIZED ACTIVITIES.—Section 1306 (20 U.S.C. 6396) is 

amended— 

(1) in subsection (a)(1)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘special’’ and inserting ‘‘unique’’; 

(B) in subparagraph (B)— 

(i) in the matter preceding clause (i), by striking 

‘‘section 9302’’ and inserting ‘‘section 8302’’; and 
S. 1177—97 

(ii) in clause (i), by striking ‘‘special’’ and inserting 

‘‘unique’’; 

(C) in subparagraph (C), by striking ‘‘challenging State 

academic content standards and challenging State student 

academic achievement standards’’ and inserting ‘‘challenging State academic standards’’; and 

(D) in subparagraph (F), by striking ‘‘part A or B 

of title III’’ and inserting ‘‘part A of title III’’; and 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘shall have the flexibility to’’ and inserting ‘‘retains the flexibility to’’; and 

(B) in paragraph (4), by striking ‘‘special educational’’ 

and inserting ‘‘unique educational’’. 

(f) BYPASS.—Section 1307 (20 U.S.C. 6397) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘nonprofit’’; and 

(2) in paragraph (3), by striking ‘‘welfare or educational 

attainment’’ and inserting ‘‘educational achievement’’. 

(g) COORDINATION OF MIGRANT EDUCATION ACTIVITIES.—Section 

1308 (20 U.S.C. 6398) is amended— 

(1) in subsection (a)(1)— 

(A) by striking ‘‘nonprofit’’; 

(B) by inserting ‘‘through’’ after ‘‘including’’; and 

(C) by striking ‘‘students’’ and inserting ‘‘children’’; and 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘developing effective 

methods for’’; 

(B) in paragraph (2)— 

(i) in subparagraph (A)— 

(I) in the matter preceding clause (i), by 

striking ‘‘The Secretary, in consultation’’ and all 

that follows through ‘‘include—’’ and inserting the 

following: ‘‘The Secretary, in consultation with the 

States, shall ensure the linkage of migrant student 

record systems for the purpose of electronically 

exchanging, among the States, health and educational information regarding all migratory students eligible under this part. The Secretary shall 

ensure that such linkage occurs in a cost-effective 

manner, utilizing systems used by the States prior 

to, or developed after, the date of the enactment 

of the Every Student Succeeds Act. Such information may include—’’; 

(II) in clause (ii), by striking ‘‘required under 

section 1111(b)’’ and inserting ‘‘under section 

1111(b)(2)’’; and 

(III) in clause (iii), by striking ‘‘high standards’’ 

and inserting ‘‘the challenging State academic 

standards’’; 

(ii) by redesignating subparagraph (B) as subparagraph (C); 

(iii) by inserting after subparagraph (A) the following: 

‘‘(B) CONSULTATION.—The Secretary shall maintain 

ongoing consultation with the States, local educational 

agencies, and other migratory student service providers 

on— 
S. 1177—98 

‘‘(i) the effectiveness of the system described in 

subparagraph (A); and 

‘‘(ii) the ongoing improvement of such system.’’; 

and 

(iv) in subparagraph (C), as redesignated by clause 

(ii)— 

(I) by striking ‘‘the proposed data elements’’ 

and inserting ‘‘any new proposed data elements’’; 

and 

(II) by striking ‘‘Such publication shall occur 

not later than 120 days after the date of enactment 

of the No Child Left Behind Act of 2001.’’; and 

(C) by striking paragraph (4). 

(h) DEFINITIONS.—Section 1309 (20 U.S.C. 6399) is amended— 

(1) in paragraph (1)(B), by striking ‘‘nonprofit’’; and 

(2) by striking paragraph (2) and inserting the following: 

‘‘(2) MIGRATORY AGRICULTURAL WORKER.—The term ‘migratory agricultural worker’ means an individual who made a 

qualifying move in the preceding 36 months and, after doing 

so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work 

or the initial processing of raw agricultural products. If an 

individual did not engage in such new employment soon after 

a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such 

new employment and has a recent history of moves for temporary or seasonal agricultural employment. 

‘‘(3) MIGRATORY CHILD.—The term ‘migratory child’ means 

a child or youth who made a qualifying move in the preceding 

36 months— 

‘‘(A) as a migratory agricultural worker or a migratory 

fisher; or 

‘‘(B) with, or to join, a parent or spouse who is a 

migratory agricultural worker or a migratory fisher. 

‘‘(4) MIGRATORY FISHER.—The term ‘migratory fisher’ means 

an individual who made a qualifying move in the preceding 

36 months and, after doing so, engaged in new temporary 

or seasonal employment or personal subsistence in fishing. 

If the individual did not engage in such new employment soon 

after the move, the individual may be considered a migratory 

fisher if the individual actively sought such new employment 

and has a recent history of moves for temporary or seasonal 

fishing employment. 

‘‘(5) QUALIFYING MOVE.—The term ‘qualifying move’ means 

a move due to economic necessity— 

‘‘(A) from one residence to another residence; and 

‘‘(B) from one school district to another school district, 

except— 

‘‘(i) in the case of a State that is comprised of 

a single school district, wherein a qualifying move is 

from one administrative area to another within such 

district; or 

‘‘(ii) in the case of a school district of more than 

15,000 square miles, wherein a qualifying move is a 

distance of 20 miles or more to a temporary residence.’’. 
S. 1177—99 

PART D—PREVENTION AND INTERVENTION 

PROGRAMS FOR CHILDREN AND YOUTH 

WHO ARE NEGLECTED, DELINQUENT, OR ATRISK 

SEC. 1401. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, 

OR AT-RISK. 

Part D of title I (20 U.S.C. 6421 et seq.) is amended— 

(1) in section 1401(a)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘, tribal,’’ after ‘‘youth in local’’; 

and 

(ii) by striking ‘‘challenging State academic content 

standards and challenging State student academic 

achievement standards’’ and inserting ‘‘challenging 

State academic standards’’; and 

(B) in paragraph (3), by inserting ‘‘and the involvement 

of their families and communities’’ after ‘‘to ensure their 

continued education’’; 

(2) in section 1412(b), by striking paragraph (2) and 

inserting the following: 

‘‘(2) MINIMUM PERCENTAGE.—The percentage in paragraph 

(1)(A) shall not be less than 85 percent.’’; 

(3) in section 1414— 

(A) in subsection (a)— 

(i) in paragraph (1)(B), by striking ‘‘from correctional facilities to locally operated programs’’ and 

inserting ‘‘between correctional facilities and locally 

operated programs’’; and 

(ii) in paragraph (2)— 

(I) in subparagraph (A)— 

(aa) by striking ‘‘the program goals, objectives, and performance measures established 

by the State’’ and inserting ‘‘the program objectives and outcomes established by the State’’; 

and 

(bb) by striking ‘‘vocational’’ and inserting 

‘‘career’’; 

(II) in subparagraph (B), by striking ‘‘and’’ 

after the semicolon; 

(III) by redesignating subparagraph (C) as 

subparagraph (D); 

(IV) by inserting after subparagraph (B) the 

following: 

‘‘(C) describe how the State will place a priority for 

such children to attain a regular high school diploma, to 

the extent feasible;’’; 

(V) in subparagraph (D), as redesignated by 

subclause (III)— 

(aa) in clause (i), by inserting ‘‘and’’ after 

the semicolon; 

(bb) by striking clause (ii) and redesignating clause (iii) as clause (ii); and 

(cc) by striking clause (iv); and 

(VI) by adding at the end the following: 
S. 1177—100 

‘‘(E) provide assurances that the State educational 

agency has established— 

‘‘(i) procedures to ensure the timely re-enrollment 

of each student who has been placed in the juvenile 

justice system in secondary school or in a re-entry 

program that best meets the needs of the student, 

including the transfer of credits that such student 

earns during placement; and 

‘‘(ii) opportunities for such students to participate 

in credit-bearing coursework while in secondary school, 

postsecondary education, or career and technical education programming.’’; and 

(B) in subsection (c)— 

(i) in paragraph (1), by inserting ‘‘and, to the extent 

practicable, provide for such assessment upon entry 

into a correctional facility’’ after ‘‘to be served under 

this subpart’’; 

(ii) in paragraph (6)— 

(I) by striking ‘‘carry out the evaluation 

requirements of section 9601 and how’’ and 

inserting ‘‘use’’; 

(II) by inserting ‘‘under section 8601’’ after 

‘‘recent evaluation’’; and 

(III) by striking ‘‘will be used’’; 

(iii) in paragraph (7), by striking ‘‘section 9521’’ 

and inserting ‘‘section 8521’’; 

(iv) paragraph (8)— 

(I) by striking ‘‘Public Law 105–220’’ and 

inserting ‘‘the Workforce Innovation and Opportunity Act’’; and 

(II) by striking ‘‘vocational’’ and inserting 

‘‘career’’; 

(v) in paragraph (9)— 

(I) by inserting ‘‘and after’’ after ‘‘prior to’’; 

and 

(II) by inserting ‘‘in order to facilitate the 

transition of such children and youth between the 

correctional facility and the local educational 

agency or alternative education program’’ after 

‘‘the local educational agency or alternative education program’’; 

(vi) in paragraph (11), by striking ‘‘transition of 

children and youth from such facility or institution 

to’’ and inserting ‘‘transition of such children and youth 

between such facility or institution and’’; 

(vii) in paragraph (16)— 

(I) by inserting ‘‘and attain a regular high 

school diploma’’ after ‘‘to encourage the children 

and youth to reenter school’’; and 

(II) by striking ‘‘achieve a secondary school 

diploma’’ and inserting ‘‘attain a regular high 

school diploma’’; 

(viii) in paragraph (17), by inserting ‘‘certified or 

licensed’’ after ‘‘provides an assurance that’’; 

(ix) in paragraph (18), by striking ‘‘and’’ after the 

semicolon; 
S. 1177—101 

(x) in paragraph (19), by striking the period at 

the end and inserting ‘‘; and’’; and 

(xi) by adding at the end the following: 

‘‘(20) describes how the State agency will, to the extent 

feasible— 

‘‘(A) note when a youth has come into contact with 

both the child welfare and juvenile justice systems; and 

‘‘(B) deliver services and interventions designed to keep 

such youth in school that are evidence-based (to the extent 

a State determines that such evidence is reasonably available).’’; 

(4) in section 1415— 

(A) in subsection (a)— 

(i) in paragraph (1)(B), by striking ‘‘vocational or 

technical training’’ and inserting ‘‘career and technical 

education’’; and 

(ii) in paragraph (2)— 

(I) by striking subparagraph (A) and inserting 

the following: 

‘‘(A) may include— 

‘‘(i) the acquisition of equipment; 

‘‘(ii) pay-for-success initiatives; or 

‘‘(iii) providing targeted services for youth who 

have come in contact with both the child welfare 

system and juvenile justice system;’’; 

(II) in subparagraph (B)— 

(aa) in clause (i), by striking ‘‘the State’s 

challenging academic content standards and 

student academic achievement standards’’ and 

inserting ‘‘the challenging State academic 

standards’’; 

(bb) in clause (ii), by striking ‘‘supplement 

and improve’’ and inserting ‘‘respond to the 

educational needs of such children and youth, 

including by supplementing and improving’’; 

and 

(cc) in clause (iii)— 

(AA) by striking ‘‘challenging State 

academic achievement standards’’ and 

inserting ‘‘challenging State academic 

standards’’; and 

(BB) by inserting ‘‘and’’ after the 

semicolon; 

(III) in subparagraph (C)— 

(aa) by striking ‘‘section 1120A and part 

I’’ and inserting ‘‘section 1118 and part F’’; 

and 

(bb) by striking ‘‘; and’’ and inserting a 

period; and 

(IV) by striking subparagraph (D); and 

(B) in subsection (b), by striking ‘‘section 1120A’’ and 

inserting ‘‘section 1118’’; 

(5) in section 1416— 

(A) in paragraph (3)— 
S. 1177—102 

(i) by striking ‘‘challenging State academic content 

standards and student academic achievement standards’’ and inserting ‘‘challenging State academic standards’’; and 

(ii) by striking ‘‘complete secondary school, attain 

a secondary diploma’’ and inserting ‘‘attain a regular 

high school diploma’’; 

(B) in paragraph (4)— 

(i) by striking ‘‘pupil’’ and inserting ‘‘specialized 

instructional support’’; and 

(ii) by inserting ‘‘, and how relevant and appropriate academic records and plans regarding the 

continuation of educational services for such children 

or youth are shared jointly between the State agency 

operating the institution or program and local educational agency in order to facilitate the transition 

of such children and youth between the local educational agency and the State agency’’ after ‘‘children 

and youth described in paragraph (1)’’; and 

(C) in paragraph (6), by striking ‘‘student progress’’ 

and inserting ‘‘and improve student achievement’’; 

(6) in section 1418(a)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) projects that facilitate the transition of children and 

youth between State-operated institutions, or institutions in 

the State operated by the Secretary of the Interior, and schools 

served by local educational agencies or schools operated or 

funded by the Bureau of Indian Education; or’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘vocational’’ each place the term 

appears and inserting ‘‘career’’; and 

(ii) in the matter preceding subparagraph (A), by 

striking ‘‘secondary’’ and inserting ‘‘regular high’’; 

(7) in section 1419— 

(A) by striking the section heading and inserting 

‘‘TECHNICAL ASSISTANCE’’; and 

(B) by striking ‘‘for a fiscal year’’ and all that follows 

through ‘‘to provide’’ and inserting ‘‘for a fiscal year to 

provide’’; 

(8) in section 1421(3), by inserting ‘‘, including schools 

operated or funded by the Bureau of Indian Education,’’ after 

‘‘local schools’’; 

(9) in section 1422(d), by striking ‘‘impact on meeting the 

transitional’’ and inserting ‘‘impact on meeting such transitional’’; 

(10) in section 1423— 

(A) in paragraph (2)(B), by inserting ‘‘, including such 

facilities operated by the Secretary of the Interior and 

Indian tribes’’ after ‘‘the juvenile justice system’’; 

(B) by striking paragraph (4) and inserting the following: 

‘‘(4) a description of the program operated by participating 

schools to facilitate the successful transition of children and 

youth returning from correctional facilities and, as appropriate, 

the types of services that such schools will provide such children 

and youth and other at-risk children and youth;’’; 
S. 1177—103 

(C) in paragraph (7)— 

(i) by inserting ‘‘institutions of higher education 

or’’ after ‘‘partnerships with’’; and 

(ii) by striking ‘‘develop training, curriculum-based 

youth entrepreneurship education’’ and inserting 

‘‘facilitate postsecondary and workforce success for children and youth returning from correctional facilities, 

such as through participation in credit-bearing 

coursework while in secondary school, enrollment in 

postsecondary education, participation in career and 

technical education programming’’; 

(D) in paragraph (8), by inserting ‘‘and family members’’ after ‘‘will involve parents’’; 

(E) in paragraph (9), by striking ‘‘vocational’’ and 

inserting ‘‘career’’; and 

(F) in paragraph (13), by striking ‘‘regular’’ and 

inserting ‘‘traditional’’; 

(11) in section 1424— 

(A) in the matter before paragraph (1), by striking 

‘‘Funds provided’’ and inserting the following: 

‘‘(a) IN GENERAL.—Funds provided’’; 

(B) in paragraph (2), by striking ‘‘, including’’ and 

all that follows through ‘‘gang members’’; 

(C) in paragraph (4)— 

(i) by striking ‘‘vocational’’ and inserting ‘‘career’’; 

and 

(ii) by striking ‘‘and’’ after the semicolon; and 

(D) in paragraph (5), by striking the period at the 

end and inserting a semicolon; 

(E) by inserting the following after paragraph (5): 

‘‘(6) programs for at-risk Indian children and youth, 

including such children and youth in correctional facilities in 

the area served by the local educational agency that are operated by the Secretary of the Interior or Indian tribes; and 

‘‘(7) pay for success initiatives.’’; and 

(F) by inserting after paragraph (7) the following: 

‘‘(b) CONTRACTS AND GRANTS.—A local educational agency may 

use a subgrant received under this subpart to carry out the activities 

described under paragraphs (1) through (7) of subsection (a) directly 

or through subgrants, contracts, or cooperative agreements.’’; 

(12) in section 1425— 

(A) in paragraph (4)— 

(i) by inserting ‘‘and attain a regular high school 

diploma’’ after ‘‘reenter school’’; and 

(ii) by striking ‘‘a secondary school diploma’’ and 

inserting ‘‘a regular high school diploma’’; 

(B) in paragraph (6), by striking ‘‘high academic 

achievement standards’’ and inserting ‘‘the challenging 

State academic standards’’; 

(C) in paragraph (9), by striking ‘‘vocational’’ and 

inserting ‘‘career’’; 

(D) in paragraph (10), by striking ‘‘and’’ after the semicolon; 

(E) in paragraph (11), by striking the period at the 

end and inserting a semicolon; and 

(F) by adding at the end the following: 
S. 1177—104 

‘‘(12) upon the child’s or youth’s entry into the correctional 

facility, work with the child’s or youth’s family members and 

the local educational agency that most recently provided services to the child or youth (if applicable) to ensure that the 

relevant and appropriate academic records and plans regarding 

the continuation of educational services for such child or youth 

are shared jointly between the correctional facility and local 

educational agency in order to facilitate the transition of such 

children and youth between the local educational agency and 

the correctional facility; and 

‘‘(13) consult with the local educational agency for a period 

jointly determined necessary by the correctional facility and 

local educational agency upon discharge from that facility, to 

coordinate educational services so as to minimize disruption 

to the child’s or youth’s achievement.’’; 

(13) in section 1426— 

(A) in paragraph (1), by striking ‘‘reducing dropout 

rates for male students and for female students over a 

3-year period’’ and inserting ‘‘the number of children and 

youth attaining a regular high school diploma or its recognized equivalent’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘obtaining a secondary school 

diploma’’ and inserting ‘‘attaining a regular high school 

diploma’’; and 

(ii) by striking ‘‘obtaining employment’’ and 

inserting ‘‘attaining employment’’; 

(14) in section 1431(a)— 

(A) in the matter preceding paragraph (1), by inserting 

‘‘while protecting individual student privacy,’’ after ‘‘age’’; 

(B) striking ‘‘secondary’’ each place the term appears 

and inserting ‘‘high’’; 

(C) in paragraph (1), by inserting ‘‘and to graduate 

from high school in the number of years established by 

the State under either the four-year adjusted cohort 

graduation rate or the extended-year adjusted cohort 

graduation rate, if applicable’’ after ‘‘educational achievement’’; and 

(D) in paragraph (3), by inserting ‘‘or school operated 

or funded by the Bureau of Indian Education’’ after ‘‘local 

educational agency’’; and 

(15) in section 1432(2)— 

(A) by inserting ‘‘dependency adjudication, or delinquency adjudication,’’ after ‘‘failure,’’; 

(B) by striking ‘‘has limited English proficiency’’ and 

inserting ‘‘is an English learner’’; and 

(C) by inserting ‘‘or child welfare system’’ after ‘‘juvenile justice system’’. 

PART E—FLEXIBILITY FOR EQUITABLE PERPUPIL FUNDING 

SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING. 

(a) REORGANIZATION.—Title I (20 U.S.C. 6571 et seq.), as 

amended by this title, is further amended— 

(1) by striking parts E through H; 

(2) by redesignating part I as part F; 
S. 1177—105 

(3) by striking sections 1907 and 1908; 

(4) by redesignating sections 1901 through 1903 as sections 

1601 through 1603, respectively; and 

(5) by redesignating sections 1905 and 1906 as sections 

1604 and 1605, respectively. 

(b) IN GENERAL.—Title I (20 U.S.C. 6571 et seq.), as amended 

by this title, is further amended by inserting after section 1432 

the following: 

‘‘PART E—FLEXIBILITY FOR EQUITABLE PERPUPIL FUNDING 

‘‘SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING. 

‘‘(a) PURPOSE.—The purpose of the program under this section 

is to provide local educational agencies with flexibility to consolidate 

eligible Federal funds and State and local education funding in 

order to create a single school funding system based on weighted 

per-pupil allocations for low-income and otherwise disadvantaged 

students. 

‘‘(b) AUTHORITY.— ‘‘(1) IN GENERAL.—The Secretary is authorized to enter 

into local flexibility demonstration agreements— 

‘‘(A) for not more than 3 years with local educational 

agencies that are selected under subsection (c) and submit 

proposed agreements that meet the requirements of subsection (d); and 

‘‘(B) under which such agencies may consolidate and 

use funds in accordance with subsection (d) in order to 

develop and implement a school funding system based on 

weighted per-pupil allocations for low-income and otherwise 

disadvantaged students. 

‘‘(2) FLEXIBILITY.—Except as described in subsection 

(d)(1)(I), the Secretary is authorized to waive, for local educational agencies entering into agreements under this section, 

any provision of this Act that would otherwise prevent such 

agency from using eligible Federal funds as part of such agreement. 

‘‘(c) SELECTION OF LOCAL EDUCATIONAL AGENCIES.— 

‘‘(1) IN GENERAL.—The Secretary may enter into local flexibility demonstration agreements with not more than 50 local 

educational agencies with an approved application under subsection (d). 

‘‘(2) SELECTION.—Each local educational agency shall be 

selected based on such agency— 

‘‘(A) submitting a proposed local flexibility demonstration agreement under subsection (d); 

‘‘(B) demonstrating that the agreement meets the 

requirements of such subsection; and 

‘‘(C) agreeing to meet the continued demonstration 

requirements under subsection (e). 

‘‘(3) EXPANSION.—Beginning with the 2019–2020 academic 

year, the Secretary may extend funding flexibility authorized 

under this section to any local educational agency that submits 

and has approved an application under subsection (d), as long 

as a significant majority of the demonstration agreements with 

local educational agencies described in paragraph (1) meet the 
S. 1177—106 

requirements of subsection (d)(2) and subsection (e)(1) as of 

the end of the 2018–2019 academic year. 

‘‘(d) REQUIRED TERMS OF LOCAL FLEXIBILITY DEMONSTRATION

AGREEMENT.— ‘‘(1) APPLICATION.—Each local educational agency that 

desires to participate in the program under this section shall 

submit, at such time and in such form as the Secretary may 

prescribe, an application to enter into a local flexibility demonstration agreement with the Secretary in order to develop 

and implement a school funding system based on weighted 

per-pupil allocations that meets the requirements of this section. The application shall include— 

‘‘(A) a description of the school funding system based 

on weighted per-pupil allocations, including— 

‘‘(i) the weights used to allocate funds within such 

system; 

‘‘(ii) the local educational agency’s legal authority 

to use State and local education funds consistent with 

this section; 

‘‘(iii) how such system will meet the requirements 

of paragraph (2); and 

‘‘(iv) how such system will support the academic 

achievement of students, including low-income students, the lowest-achieving students, English learners, 

and children with disabilities; 

‘‘(B) a list of funding sources, including eligible Federal 

funds, the local educational agency will include in such 

system; 

‘‘(C) a description of the amount and percentage of 

total local educational agency funding, including State and 

local education funds and eligible Federal funds, that will 

be allocated through such system; 

‘‘(D) the per-pupil expenditures (which shall include 

actual personnel expenditures, including staff salary differentials for years of employment, and actual nonpersonnel 

expenditures) of State and local education funds for each 

school served by the agency for the preceding fiscal year; 

‘‘(E) the per-pupil amount of eligible Federal funds 

each school served by the agency received in the preceding 

fiscal year, disaggregated by the programs supported by 

the eligible Federal funds; 

‘‘(F) a description of how such system will ensure that 

any eligible Federal funds allocated through the system 

will meet the purposes of each Federal program supported 

by such funds, including serving students from low-income 

families, English learners, migratory children, and children 

who are neglected, delinquent, or at risk, as applicable; 

‘‘(G) an assurance that the local educational agency 

developed and will implement the local flexibility demonstration agreement in consultation with teachers, principals, other school leaders (including charter school leaders 

in a local educational agency that has charter schools), 

administrators of Federal programs impacted by the agreement, parents, community leaders, and other relevant 

stakeholders; 

‘‘(H) an assurance that the local educational agency 

will use fiscal control and sound accounting procedures 
S. 1177—107 

that ensure proper disbursement of, and accounting for, 

eligible Federal funds consolidated and used under such 

system; 

‘‘(I) an assurance that the local educational agency 

will continue to meet the requirements of sections 1117, 

1118, and 8501; and 

‘‘(J) an assurance that the local educational agency 

will meet the requirements of all applicable Federal civil 

rights laws in carrying out the agreement and in consolidating and using funds under the agreement. 

‘‘(2) REQUIREMENTS OF THE SYSTEM.— 

‘‘(A) IN GENERAL.—A local educational agency’s school 

funding system based on weighted per-pupil allocations 

shall— 

‘‘(i) except as allowed under clause (iv), allocate 

a significant portion of funds, including State and local 

education funds and eligible Federal funds, to the 

school level based on the number of students in a 

school and a formula developed by the agency under 

this section that determines per-pupil weighted 

amounts; 

‘‘(ii) use weights or allocation amounts that allocate 

substantially more funding to English learners, students from low-income families, and students with any 

other characteristics associated with educational disadvantage chosen by the local educational agency, than 

to other students; 

‘‘(iii) ensure that each high-poverty school receives, 

in the first year of the demonstration agreement— 

‘‘(I) more per-pupil funding, including from 

Federal, State, and local sources, for low-income 

students than such funding received for lowincome students in the year prior to entering into 

a demonstration agreement under this section; and 

‘‘(II) at least as much per-pupil funding, 

including from Federal, State, and local sources, 

for English learners as such funding received for 

English learners in the year prior to entering into 

a demonstration agreement under this section; 

‘‘(iv) be used to allocate to schools a significant 

percentage, which shall be a percentage agreed upon 

during the application process, of all the local educational agency’s State and local education funds and 

eligible Federal funds; and 

‘‘(v) include all school-level actual personnel 

expenditures for instructional staff (including staff 

salary differentials for years of employment) and actual 

nonpersonnel expenditures in the calculation of the 

local educational agency’s State and local education 

funds and eligible Federal funds to be allocated under 

clause (i). 

‘‘(B) PERCENTAGE.—In establishing the percentage 

described in subparagraph (A)(iv) for the system, the local 

educational agency shall demonstrate that the percentage— 

‘‘(i) under such subparagraph is sufficient to carry 

out the purposes of the demonstration agreement under 
S. 1177—108 

this section and to meet each of the requirements 

of this subsection; and 

‘‘(ii) of State and local education funds and eligible 

Federal funds that are not allocated through the local 

educational agency’s school funding system based on 

weighted per-pupil allocations, does not undermine or 

conflict with the requirements of the demonstration 

agreement under this section. 

‘‘(C) EXPENDITURES.—After allocating funds through 

the system, the local educational agency shall charge 

schools for the per-pupil expenditures of State and local 

education funds and eligible Federal funds, including actual 

personnel expenditures (including staff salary differentials 

for years of employment) for instructional staff and actual 

nonpersonnel expenditures. 

‘‘(e) CONTINUED DEMONSTRATION.—Each local educational 

agency with an approved application under subsection (d) shall 

annually— 

‘‘(1) demonstrate to the Secretary that, as compared to 

the previous year, no high-poverty school served by the agency 

received— 

‘‘(A) less per-pupil funding, including from Federal, 

State, and local sources, for low-income students; or 

‘‘(B) less per-pupil funding, including from Federal, 

State, and local sources, for English learners; 

‘‘(2) make public and report to the Secretary the per-pupil 

expenditures (including actual personnel expenditures that 

include staff salary differentials for years of employment, and 

actual non-personnel expenditures) of State and local education 

funds and eligible Federal funds for each school served by 

the agency, disaggregated by each quartile of students 

attending the school based on student level of poverty and 

by each major racial or ethnic group in the school, for the 

preceding fiscal year; 

‘‘(3) make public the total number of students enrolled 

in each school served by the agency and the number of students 

enrolled in each such school disaggregated by each of the subgroups of students, as defined in section 1111(c)(2); and 

‘‘(4) notwithstanding paragraph (1), (2), or (3), ensure that 

any information to be reported or made public under this subsection is only reported or made public if such information 

does not reveal personally identifiable information. 

‘‘(f) LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.—Each 

local educational agency that has entered into a local flexibility 

demonstration agreement with the Secretary under this section 

may use, for administrative purposes, an amount of eligible Federal 

funds that is not more than the percentage of funds allowed for 

such purposes under any of the following: 

‘‘(1) This title. 

‘‘(2) Title II. 

‘‘(3) Title III. 

‘‘(4) Part A of title IV. 

‘‘(5) Part B of title V. 

‘‘(g) PEER REVIEW.—The Secretary may establish a peer-review 

process to assist in the review of a proposed local flexibility demonstration agreement. 
S. 1177—109 

‘‘(h) NONCOMPLIANCE.—The Secretary may, after providing 

notice and an opportunity for a hearing (including the opportunity 

to provide supporting evidence as provided for in subsection (i)), 

terminate a local flexibility demonstration agreement under this 

section if there is evidence that the local educational agency has 

failed to comply with the terms of the agreement and the requirements under subsections (d) and (e). 

‘‘(i) EVIDENCE.—If a local educational agency believes that the 

Secretary’s determination under subsection (h) is in error for statistical or other substantive reasons, the local educational agency 

may provide supporting evidence to the Secretary, and the Secretary 

shall consider that evidence before making a final determination. 

‘‘(j) PROGRAM EVALUATION.—From the amount reserved for 

evaluation activities under section 8601, the Secretary, acting 

through the Director of the Institute of Education Sciences, shall, 

in consultation with the relevant program office at the Department, 

evaluate— 

‘‘(1) the implementation of the local flexibility demonstration agreements under this section; and 

‘‘(2) the impact of such agreements on improving the equitable distribution of State and local funding and increasing 

student achievement. 

‘‘(k) RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT.—The Secretary may renew for additional 3-year terms a 

local flexibility demonstration agreement under this section if— 

‘‘(1) the local educational agency has met the requirements 

under subsections (d)(2) and (e) and agrees to, and has a 

high likelihood of, continuing to meet such requirements; and 

‘‘(2) the Secretary determines that renewing the local flexibility demonstration agreement is in the interest of students 

served under this title and title III. 

‘‘(l) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE FEDERAL FUNDS.—The term ‘eligible Federal 

funds’ means funds received by a local educational agency 

under— 

‘‘(A) this title; 

‘‘(B) title II; 

‘‘(C) title III; 

‘‘(D) part A of title IV; and 

‘‘(E) part B of title V. 

‘‘(2) HIGH-POVERTY SCHOOL.—The term ‘high-poverty school’ 

means a school that is in the highest 2 quartiles of schools 

served by a local educational agency, based on the percentage 

of enrolled students from low-income families.’’. 

PART F—GENERAL PROVISIONS 

SEC. 1601. GENERAL PROVISIONS. 

(a) FEDERAL REGULATIONS.—Section 1601 (20 U.S.C. 6571), 

as redesignated by section 1501(a)(4) of this Act, is amended— 

(1) in subsection (a), by inserting ‘‘, in accordance with 

subsections (b) through (d) and subject to section 1111(e),’’ 

after ‘‘may issue’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by inserting ‘‘principals, other 

school leaders (including charter school leaders),’’ after 

‘‘teachers,’’; 
S. 1177—110 

(B) in paragraph (2), by adding at the end the following: 

‘‘Such regional meetings and electronic exchanges of 

information shall be public and notice of such meetings 

and exchanges shall be provided to interested stakeholders.’’; 

(C) in paragraph (3)(A), by striking ‘‘standards and 

assessments’’ and inserting ‘‘standards, assessments under 

section 1111(b)(2), and the requirement under section 1118 

that funds under part A be used to supplement, and not 

supplant, State and local funds’’; 

(D) by striking paragraph (4) and inserting the following: 

‘‘(4) PROCESS.—Such process— 

‘‘(A) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.); and 

‘‘(B) shall, unless otherwise provided as described in 

subsection (c), follow the provisions of subchapter III of 

chapter 5 of title V, United States Code (commonly known 

as the ‘Negotiated Rulemaking Act of 1990’).’’; and 

(E) by striking paragraph (5); 

(3) by redesignating subsection (c) as subsection (d); 

(4) by inserting after subsection (b) the following: 

‘‘(c) ALTERNATIVE PROCESS FOR CERTAIN EXCEPTIONS.—If consensus, as defined in section 562 of title 5, United States Code, 

on any proposed regulation is not reached by the individuals 

selected under subsection (b)(3)(B) for the negotiated rulemaking 

process, or if the Secretary determines that a negotiated rulemaking 

process is unnecessary, the Secretary may propose a regulation 

in the following manner: 

‘‘(1) NOTICE TO CONGRESS.—Not less than 15 business days 

prior to issuing a notice of proposed rulemaking in the Federal 

Register, the Secretary shall provide to the Committee on 

Health, Education, Labor, and Pensions of the Senate, the 

Committee on Education and the Workforce of the House of 

Representatives, and other relevant congressional committees, 

notice of the Secretary’s intent to issue a notice of proposed 

rulemaking that shall include— 

‘‘(A) a copy of the proposed regulation; 

‘‘(B) the need to issue the regulation; 

‘‘(C) the anticipated burden, including the time, cost, 

and paperwork burden, the regulation will impose on State 

educational agencies, local educational agencies, schools, 

and other entities that may be impacted by the regulation; 

‘‘(D) the anticipated benefits to State educational agencies, local educational agencies, schools, and other entities 

that may be impacted by the regulation; and 

‘‘(E) any regulations that will be repealed when the 

new regulation is issued. 

‘‘(2) COMMENT PERIOD FOR CONGRESS.—The Secretary 

shall— 

‘‘(A) before issuing any notice of proposed rulemaking 

under this subsection, provide Congress with a comment 

period of 15 business days to make comments on the proposed regulation, beginning on the date that the Secretary 

provides the notice of intent to the appropriate committees 

of Congress under paragraph (1); and 
S. 1177—111 

‘‘(B) include and seek to address all comments submitted by Congress in the public rulemaking record for 

the regulation published in the Federal Register. 

‘‘(3) COMMENT AND REVIEW PERIOD; EMERGENCY SITUA- TIONS.—The comment and review period for any proposed regulation shall be not less than 60 days unless an emergency 

requires a shorter period, in which case the Secretary shall— 

‘‘(A) designate the proposed regulation as an emergency 

with an explanation of the emergency in the notice to 

Congress under paragraph (1); 

‘‘(B) publish the length of the comment and review 

period in such notice and in the Federal Register; and 

‘‘(C) conduct immediately thereafter regional meetings 

to review such proposed regulation before issuing any final 

regulation.’’; 

(5) in subsection (d), as redesignated by paragraph (3), 

by striking ‘‘Regulations to carry out this part’’ and inserting 

‘‘Regulations to carry out this title’’; and 

(6) by inserting after subsection (d), as redesignated by 

paragraph (3), the following: 

‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section affects 

the applicability of subchapter II of chapter 5, and chapter 7, 

of title 5, United States Code (commonly known as the ‘Administrative Procedure Act’) or chapter 8 of title 5, United States Code 

(commonly known as the ‘Congressional Review Act’).’’. 

(b) AGREEMENTS AND RECORDS.—Subsection (a) of section 1602 

(20 U.S.C. 6572(a)), as redesignated by section 1501(a)(4) of this 

Act, is amended to read as follows: 

‘‘(a) AGREEMENTS.—In any case in which a negotiated rulemaking process is established under section 1601(b), all published 

proposed regulations shall conform to agreements that result from 

the rulemaking described in section 1601 unless the Secretary 

reopens the negotiated rulemaking process.’’. 

(c) STATE ADMINISTRATION.—Section 1603 (20 U.S.C. 6573), 

as redesignated by section 1501(a)(4) of this Act, is further 

amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) in subparagraph (C), by striking ‘‘and’’ after 

the semicolon; 

(ii) in subparagraph (D), by striking the period 

and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(E)(i) identify any duplicative or contrasting requirements between the State and Federal rules or regulations; 

and 

‘‘(ii) eliminate the State rules and regulations that 

are duplicative of Federal requirements.’’; and 

(B) in paragraph (2), by striking ‘‘the challenging State 

student academic achievement standards’’ and inserting 

‘‘the challenging State academic standards’’; and 

(2) in subsection (b)(2), by striking subparagraphs (C) 

through (G) and inserting the following: 

‘‘(C) teachers from traditional public schools and 

charter schools (if there are charter schools in the State) 

and career and technical educators; 

‘‘(D) principals and other school leaders; 
S. 1177—112 

‘‘(E) parents; 

‘‘(F) members of local school boards; 

‘‘(G) representatives of private school children; 

‘‘(H) specialized instructional support personnel and 

paraprofessionals; 

‘‘(I) representatives of authorized public chartering 

agencies (if there are charter schools in the State); and 

‘‘(J) charter school leaders (if there are charter schools 

in the State).’’. 

TITLE II—PREPARING, TRAINING, AND 

RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL 

LEADERS 

SEC. 2001. GENERAL PROVISIONS. 

(a) TITLE II TRANSFERS AND RELATED AMENDMENTS.— 

(1) Section 2366(b) (20 U.S.C. 6736(b)) is amended by 

striking the matter following paragraph (2) and inserting the 

following: 

‘‘(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State 

or local government pursuant to State or local law.’’. 

(2) Subpart 4 of part D of title II (20 U.S.C. 6777) is 

amended, by striking the subpart designation and heading and 

inserting the following: 

‘‘Subpart 4—Internet Safety’’. 

(3) Subpart 5 of part C of title II (20 U.S.C. 6731 et 

seq.) (as amended by paragraph (1) of this subsection) is— 

(A) transferred to title IX; 

(B) inserted so as to appear after subpart 2 of part 

E of such title; 

(C) redesignated as subpart 3 of such part; and 

(D) further amended by redesignating sections 2361 

through 2368 as sections 9541 through 9548, respectively. 

(4) Subpart 4 of part D of title II (20 U.S.C. 6777 et 

seq) (as amended by paragraph (2) of this subsection) is— 

(A) transferred to title IV; 

(B) inserted so as to appear after subpart 4 of part 

A of such title; 

(C) redesignated as subpart 5 of such part; and 

(D) further amended by redesignating section 2441 

as section 4161. 

SEC. 2002. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY 

TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS. 

The Act (20 U.S.C. 6301 et seq.) is amended by striking title 

II and inserting the following: 
S. 1177—113 

‘‘TITLE II—PREPARING, TRAINING, AND 

RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL 

LEADERS 

‘‘SEC. 2001. PURPOSE. 

‘‘The purpose of this title is to provide grants to State educational agencies and subgrants to local educational agencies to— 

‘‘(1) increase student achievement consistent with the challenging State academic standards; 

‘‘(2) improve the quality and effectiveness of teachers, principals, and other school leaders; 

‘‘(3) increase the number of teachers, principals, and other 

school leaders who are effective in improving student academic 

achievement in schools; and 

‘‘(4) provide low-income and minority students greater 

access to effective teachers, principals, and other school leaders. 

‘‘SEC. 2002. DEFINITIONS. 

‘‘In this title: 

‘‘(1) SCHOOL LEADER RESIDENCY PROGRAM.—The term 

‘school leader residency program’ means a school-based principal or other school leader preparation program in which a 

prospective principal or other school leader— 

‘‘(A) for 1 academic year, engages in sustained and 

rigorous clinical learning with substantial leadership 

responsibilities and an opportunity to practice and be evaluated in an authentic school setting; and 

‘‘(B) during that academic year— 

‘‘(i) participates in evidence-based coursework, to 

the extent the State (in consultation with local educational agencies in the State) determines that such 

evidence is reasonably available, that is integrated 

with the clinical residency experience; and 

‘‘(ii) receives ongoing support from a mentor principal or other school leader, who is effective. 

‘‘(2) STATE.—The term ‘State’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

‘‘(3) STATE AUTHORIZER.—The term ‘State authorizer’ means 

an entity designated by the Governor of a State to recognize 

teacher, principal, or other school leader preparation academies 

within the State that— 

‘‘(A) enters into an agreement with a teacher, principal, 

or other school leader preparation academy that specifies 

the goals expected of the academy, as described in paragraph (4)(A)(i); 

‘‘(B) may be a nonprofit organization, State educational 

agency, or other public entity, or consortium of such entities 

(including a consortium of States); and 

‘‘(C) does not reauthorize a teacher, principal, or other 

school leader preparation academy if the academy fails 

to produce the minimum number or percentage of effective 

teachers or principals or other school leaders, respectively 
S. 1177—114 

(as determined by the State), identified in the academy’s 

authorizing agreement. 

‘‘(4) TEACHER, PRINCIPAL, OR OTHER SCHOOL LEADER

PREPARATION ACADEMY.—The term ‘teacher, principal, or other 

school leader preparation academy’ means a public or other 

nonprofit entity, which may be an institution of higher education or an organization affiliated with an institution of higher 

education, that establishes an academy that will prepare 

teachers, principals, or other school leaders to serve in highneeds schools, and that— 

‘‘(A) enters into an agreement with a State authorizer 

that specifies the goals expected of the academy, 

including— 

‘‘(i) a requirement that prospective teachers, principals, or other school leaders who are enrolled in 

the academy receive a significant part of their training 

through clinical preparation that partners the prospective candidate with an effective teacher, principal, or 

other school leader, as determined by the State, respectively, with a demonstrated record of increasing student academic achievement, including for the subgroups of students defined in section 1111(c)(2), while 

also receiving concurrent instruction from the academy 

in the content area (or areas) in which the prospective 

teacher, principal, or other school leader will become 

certified or licensed that links to the clinical preparation experience; 

‘‘(ii) the number of effective teachers, principals, 

or other school leaders, respectively, who will demonstrate success in increasing student academic 

achievement that the academy will prepare; and 

‘‘(iii) a requirement that the academy will award 

a certificate of completion (or degree, if the academy 

is, or is affiliated with, an institution of higher education) to a teacher only after the teacher demonstrates 

that the teacher is an effective teacher, as determined 

by the State, with a demonstrated record of increasing 

student academic achievement either as a student 

teacher or teacher-of-record on an alternative certificate, license, or credential; 

‘‘(iv) a requirement that the academy will award 

a certificate of completion (or degree, if the academy 

is, or is affiliated with, an institution of higher education) to a principal or other school leader only after 

the principal or other school leader demonstrates a 

record of success in improving student performance; 

and 

‘‘(v) timelines for producing cohorts of graduates 

and conferring certificates of completion (or degrees, 

if the academy is, or is affiliated with, an institution 

of higher education) from the academy; 

‘‘(B) does not have unnecessary restrictions on the 

methods the academy will use to train prospective teacher, 

principal, or other school leader candidates, including— 

‘‘(i) obligating (or prohibiting) the academy’s faculty to hold advanced degrees or conduct academic 

research; 
S. 1177—115 

‘‘(ii) restrictions related to the academy’s physical 

infrastructure; 

‘‘(iii) restrictions related to the number of course 

credits required as part of the program of study; 

‘‘(iv) restrictions related to the undergraduate 

coursework completed by teachers teaching or working 

on alternative certificates, licenses, or credentials, as 

long as such teachers have successfully passed all relevant State-approved content area examinations; or 

‘‘(v) restrictions related to obtaining accreditation 

from an accrediting body for purposes of becoming 

an academy; 

‘‘(C) limits admission to its program to prospective 

teacher, principal, or other school leader candidates who 

demonstrate strong potential to improve student academic 

achievement, based on a rigorous selection process that 

reviews a candidate’s prior academic achievement or record 

of professional accomplishment; and 

‘‘(D) results in a certificate of completion or degree 

that the State may, after reviewing the academy’s results 

in producing effective teachers, or principals, or other 

school leaders, respectively (as determined by the State) 

recognize as at least the equivalent of a master’s degree 

in education for the purposes of hiring, retention, compensation, and promotion in the State. 

‘‘(5) TEACHER RESIDENCY PROGRAM.—The term ‘teacher residency program’ means a school-based teacher preparation program in which a prospective teacher— 

‘‘(A) for not less than 1 academic year, teaches alongside an effective teacher, as determined by the State or 

local educational agency, who is the teacher of record for 

the classroom; 

‘‘(B) receives concurrent instruction during the year 

described in subparagraph (A)— 

‘‘(i) through courses that may be taught by local 

educational agency personnel or by faculty of the 

teacher preparation program; and 

‘‘(ii) in the teaching of the content area in which 

the teacher will become certified or licensed; and 

‘‘(C) acquires effective teaching skills, as demonstrated 

through completion of a residency program, or other 

measure determined by the State, which may include a 

teacher performance assessment. 

‘‘SEC. 2003. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) GRANTS TO STATES AND LOCAL EDUCATIONAL AGENCIES.— 

For the purpose of carrying out part A, there are authorized to 

be appropriated $2,295,830,000 for each of fiscal years 2017 through 

2020. 

‘‘(b) NATIONAL ACTIVITIES.—For the purpose of carrying out 

part B, there are authorized to be appropriated— 

‘‘(1) $468,880,575 for each of fiscal years 2017 and 2018; 

‘‘(2) $469,168,000 for fiscal year 2019; and 

‘‘(3) $489,168,000 for fiscal year 2020. 
S. 1177—116 

‘‘PART A—SUPPORTING EFFECTIVE 

INSTRUCTION 

‘‘SEC. 2101. FORMULA GRANTS TO STATES. 

‘‘(a) RESERVATION OF FUNDS.—From the total amount appropriated under section 2003(a) for a fiscal year, the Secretary shall 

reserve— 

‘‘(1) one-half of 1 percent for allotments for the United 

States Virgin Islands, Guam, American Samoa, and the 

Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative 

need, as determined by the Secretary, in accordance with the 

purpose of this title; and 

‘‘(2) one-half of 1 percent for the Secretary of the Interior 

for programs under this part in schools operated or funded 

by the Bureau of Indian Education. 

‘‘(b) STATE ALLOTMENTS.— 

‘‘(1) HOLD HARMLESS.— 

‘‘(A) FISCAL YEARS 2017 THROUGH 2022.—For each of 

fiscal years 2017 through 2022, subject to paragraph (2) 

and subparagraph (C), from the funds appropriated under 

section 2003(a) for a fiscal year that remain after the 

Secretary makes the reservations under subsection (a), the 

Secretary shall allot to each State an amount equal to 

the total amount that such State received for fiscal year 

2001 under— 

‘‘(i) section 2202(b) of this Act (as in effect on 

the day before the date of enactment of the No Child 

Left Behind Act of 2001); and 

‘‘(ii) section 306 of the Department of Education 

Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106–554). 

‘‘(B) RATABLE REDUCTION.—If the funds described in 

subparagraph (A) are insufficient to pay the full amounts 

that all States are eligible to receive under subparagraph 

(A) for any fiscal year, the Secretary shall ratably reduce 

those amounts for the fiscal year. 

‘‘(C) PERCENTAGE REDUCTION.—For each of fiscal years 

2017 through 2022, the amount in subparagraph (A) shall 

be reduced by a percentage equal to the product of 14.29 

percent and the number of years between the fiscal year 

for which the determination is being made and fiscal year 

2016. 

‘‘(2) ALLOTMENT OF ADDITIONAL FUNDS.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), for 

any fiscal year for which the funds appropriated under 

section 2003(a) and not reserved under subsection (a) 

exceed the total amount required to make allotments under 

paragraph (1), the Secretary shall allot to each State the 

sum of— 

‘‘(i) for fiscal year 2017— 

‘‘(I) an amount that bears the same relationship to 35 percent of the excess amount as the 

number of individuals aged 5 through 17 in the 

State, as determined by the Secretary on the basis 

of the most recent satisfactory data, bears to the 
S. 1177—117 

number of those individuals in all such States, 

as so determined; and 

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

number of individuals aged 5 through 17 from 

families with incomes below the poverty line in 

the State, as determined by the Secretary on the 

basis of the most recent satisfactory data, bears 

to the number of those individuals in all such 

States, as so determined; 

‘‘(ii) for fiscal year 2018— 

‘‘(I) an amount that bears the same relationship to 30 percent of the excess amount as the 

number of individuals aged 5 through 17 in the 

State, as determined by the Secretary on the basis 

of the most recent satisfactory data, bears to the 

number of those individuals in all such States, 

as so determined; and 

‘‘(II) an amount that bears the same relationship to 70 percent of the excess amount as the 

number of individuals aged 5 through 17 from 

families with incomes below the poverty line in 

the State, as determined by the Secretary on the 

basis of the most recent satisfactory data, bears 

to the number of those individuals in all such 

States, as so determined; 

‘‘(iii) for fiscal year 2019— 

‘‘(I) an amount that bears the same relationship to 25 percent of the excess amount as the 

number of individuals aged 5 through 17 in the 

State, as determined by the Secretary on the basis 

of the most recent satisfactory data, bears to the 

number of those individuals in all such States, 

as so determined; and 

‘‘(II) an amount that bears the same relationship to 75 percent of the excess amount as the 

number of individuals aged 5 through 17 from 

families with incomes below the poverty line in 

the State, as determined by the Secretary on the 

basis of the most recent satisfactory data, bears 

to the number of those individuals in all such 

States, as so determined; and 

‘‘(iv) for fiscal year 2020— 

‘‘(I) an amount that bears the same relationship to 20 percent of the excess amount as the 

number of individuals aged 5 through 17 in the 

State, as determined by the Secretary on the basis 

of the most recent satisfactory data, bears to the 

number of those individuals in all such States, 

as so determined; and 

‘‘(II) an amount that bears the same relationship to 80 percent of the excess amount as the 

number of individuals aged 5 through 17 from 

families with incomes below the poverty line in 

the State, as determined by the Secretary on the 

basis of the most recent satisfactory data, bears 
S. 1177—118 

to the number of those individuals in all such 

States, as so determined. 

‘‘(B) EXCEPTION.—No State receiving an allotment 

under subparagraph (A) may receive less than one-half 

of 1 percent of the total excess amount allotted under 

such subparagraph for a fiscal year. 

‘‘(3) FISCAL YEAR 2021 AND SUCCEEDING FISCAL YEARS.— 

For fiscal year 2021 and each of the succeeding fiscal years— 

‘‘(A) the Secretary shall allot funds appropriated under 

section 2003(a) and not reserved under subsection (a) to 

each State in accordance with paragraph (2)(A)(iv); and 

‘‘(B) the amount appropriated but not reserved shall 

be treated as the excess amount. 

‘‘(4) REALLOTMENT.—If any State does not apply for an 

allotment under this subsection for any fiscal year, the Secretary shall reallot the amount of the allotment to the 

remaining States in accordance with this subsection. 

‘‘(c) STATE USES OF FUNDS.— 

‘‘(1) IN GENERAL.—Except as provided under paragraph 

(3), each State that receives an allotment under subsection 

(b) for a fiscal year shall reserve not less than 95 percent 

of such allotment to make subgrants to local educational agencies for such fiscal year, as described in section 2102. 

‘‘(2) STATE ADMINISTRATION.—A State educational agency 

may use not more than 1 percent of the amount allotted to 

such State under subsection (b) for the administrative costs 

of carrying out such State educational agency’s responsibilities 

under this part. 

‘‘(3) PRINCIPALS OR OTHER SCHOOL LEADERS.—Notwithstanding paragraph (1) and in addition to funds otherwise 

available for activities under paragraph (4), a State educational 

agency may reserve not more than 3 percent of the amount 

reserved for subgrants to local educational agencies under paragraph (1) for one or more of the activities for principals or 

other school leaders that are described in paragraph (4). 

‘‘(4) STATE ACTIVITIES.— 

‘‘(A) IN GENERAL.—The State educational agency for 

a State that receives an allotment under subsection (b) 

may use funds not reserved under paragraph (1) to carry 

out 1 or more of the activities described in subparagraph 

(B), which may be implemented in conjunction with a State 

agency of higher education (if such agencies are separate) 

and carried out through a grant or contract with a forprofit or nonprofit entity, including an institution of higher 

education. 

‘‘(B) TYPES OF STATE ACTIVITIES.—The activities 

described in this subparagraph are the following: 

‘‘(i) Reforming teacher, principal, or other school 

leader certification, recertification, licensing, or tenure 

systems or preparation program standards and 

approval processes to ensure that— 

‘‘(I) teachers have the necessary subject-matter 

knowledge and teaching skills, as demonstrated 

through measures determined by the State, which 

may include teacher performance assessments, in 

the academic subjects that the teachers teach to 
S. 1177—119 

help students meet challenging State academic 

standards; 

‘‘(II) principals or other school leaders have 

the instructional leadership skills to help teachers 

teach and to help students meet such challenging 

State academic standards; and 

‘‘(III) teacher certification or licensing requirements are aligned with such challenging State academic standards. 

‘‘(ii) Developing, improving, or providing assistance 

to local educational agencies to support the design 

and implementation of teacher, principal, or other 

school leader evaluation and support systems that are 

based in part on evidence of student academic achievement, which may include student growth, and shall 

include multiple measures of educator performance and 

provide clear, timely, and useful feedback to teachers, 

principals, or other school leaders, such as by— 

‘‘(I) developing and disseminating high-quality 

evaluation tools, such as classroom observation 

rubrics, and methods, including training and 

auditing, for ensuring inter-rater reliability of 

evaluation results; 

‘‘(II) developing and providing training to principals, other school leaders, coaches, mentors, and 

evaluators on how to accurately differentiate 

performance, provide useful and timely feedback, 

and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and 

‘‘(III) developing a system for auditing the 

quality of evaluation and support systems. 

‘‘(iii) Improving equitable access to effective 

teachers. 

‘‘(iv) Carrying out programs that establish, expand, 

or improve alternative routes for State certification 

of teachers (especially for teachers of children with 

disabilities, English learners, science, technology, 

engineering, mathematics, or other areas where the 

State experiences a shortage of educators), principals, 

or other school leaders, for— 

‘‘(I) individuals with a baccalaureate or master’s degree, or other advanced degree; 

‘‘(II) mid-career professionals from other 

occupations; 

‘‘(III) paraprofessionals; 

‘‘(IV) former military personnel; and 

‘‘(V) recent graduates of institutions of higher 

education with records of academic distinction who 

demonstrate the potential to become effective 

teachers, principals, or other school leaders. 

‘‘(v) Developing, improving, and implementing 

mechanisms to assist local educational agencies and 

schools in effectively recruiting and retaining teachers, 

principals, or other school leaders who are effective 

in improving student academic achievement, including 

effective teachers from underrepresented minority 
S. 1177—120 

groups and teachers with disabilities, such as 

through— 

‘‘(I) opportunities for effective teachers to lead 

evidence-based (to the extent the State determines 

that such evidence is reasonably available) professional development for the peers of such effective 

teachers; and 

‘‘(II) providing training and support for teacher 

leaders and principals or other school leaders who 

are recruited as part of instructional leadership 

teams. 

‘‘(vi) Fulfilling the State educational agency’s 

responsibilities concerning proper and efficient 

administration and monitoring of the programs carried 

out under this part, including provision of technical 

assistance to local educational agencies. 

‘‘(vii) Developing, or assisting local educational 

agencies in developing— 

‘‘(I) career opportunities and advancement initiatives that promote professional growth and 

emphasize multiple career paths, such as instructional coaching and mentoring (including hybrid 

roles that allow instructional coaching and mentoring while remaining in the classroom), school 

leadership, and involvement with school improvement and support; 

‘‘(II) strategies that provide differential pay, 

or other incentives, to recruit and retain teachers 

in high-need academic subjects and teachers, principals, or other school leaders, in low-income 

schools and school districts, which may include 

performance-based pay systems; and 

‘‘(III) new teacher, principal, or other school 

leader induction and mentoring programs that are, 

to the extent the State determines that such evidence is reasonably available, evidence-based, and 

designed to— 

‘‘(aa) improve classroom instruction and 

student learning and achievement, including 

through improving school leadership programs; and 

‘‘(bb) increase the retention of effective 

teachers, principals, or other school leaders. 

‘‘(viii) Providing assistance to local educational 

agencies for the development and implementation of 

high-quality professional development programs for 

principals that enable the principals to be effective 

and prepare all students to meet the challenging State 

academic standards. 

‘‘(ix) Supporting efforts to train teachers, principals, or other school leaders to effectively integrate 

technology into curricula and instruction, which may 

include training to assist teachers in implementing 

blended learning (as defined in section 4102(1)) 

projects. 
S. 1177—121 

‘‘(x) Providing training, technical assistance, and 

capacity-building to local educational agencies that 

receive a subgrant under this part. 

‘‘(xi) Reforming or improving teacher, principal, 

or other school leader preparation programs, such as 

through establishing teacher residency programs and 

school leader residency programs. 

‘‘(xii) Establishing or expanding teacher, principal, 

or other school leader preparation academies, with an 

amount of the funds described in subparagraph (A) 

that is not more than 2 percent of the State’s allotment, 

if— 

‘‘(I) allowable under State law; 

‘‘(II) the State enables candidates attending 

a teacher, principal, or other school leader preparation academy to be eligible for State financial aid 

to the same extent as participants in other Stateapproved teacher or principal preparation programs, including alternative certification, licensure, or credential programs; and 

‘‘(III) the State enables teachers, principals, 

or other school leaders who are teaching or 

working while on alternative certificates, licenses, 

or credentials to teach or work in the State while 

enrolled in a teacher, principal, or other school 

leader preparation academy. 

‘‘(xiii) Supporting the instructional services provided by effective school library programs. 

‘‘(xiv) Developing, or assisting local educational 

agencies in developing, strategies that provide 

teachers, principals, or other school leaders with the 

skills, credentials, or certifications needed to educate 

all students in postsecondary education coursework 

through early college high school or dual or concurrent 

enrollment programs. 

‘‘(xv) Providing training for all school personnel, 

including teachers, principals, other school leaders, 

specialized instructional support personnel, and paraprofessionals, regarding how to prevent and recognize 

child sexual abuse. 

‘‘(xvi) Supporting opportunities for principals, 

other school leaders, teachers, paraprofessionals, early 

childhood education program directors, and other early 

childhood education program providers to participate 

in joint efforts to address the transition to elementary 

school, including issues related to school readiness. 

‘‘(xvii) Developing and providing professional 

development and other comprehensive systems of support for teachers, principals, or other school leaders 

to promote high-quality instruction and instructional 

leadership in science, technology, engineering, and 

mathematics subjects, including computer science. 

‘‘(xviii) Supporting the professional development 

and improving the instructional strategies of teachers, 

principals, or other school leaders to integrate career 

and technical education content into academic instructional practices, which may include training on best 
S. 1177—122 

practices to understand State and regional workforce 

needs and transitions to postsecondary education and 

the workforce. 

‘‘(xix) Enabling States, as a consortium, to voluntarily develop a process that allows teachers who are 

licensed or certified in a participating State to teach 

in other participating States without completing additional licensure or certification requirements, except 

that nothing in this clause shall be construed to allow 

the Secretary to exercise any direction, supervision, 

or control over State teacher licensing or certification 

requirements. 

‘‘(xx) Supporting and developing efforts to train 

teachers on the appropriate use of student data to 

ensure that individual student privacy is protected as 

required by section 444 of the General Education Provisions Act (commonly known as the ‘Family Educational 

Rights and Privacy Act of 1974’) (20 U.S.C. 1232g) 

and in accordance with State student privacy laws 

and local educational agency student privacy and technology use policies. 

‘‘(xxi) Supporting other activities identified by the 

State that are, to the extent the State determines 

that such evidence is reasonably available, evidencebased and that meet the purpose of this title. 

‘‘(d) STATE APPLICATION.— 

‘‘(1) IN GENERAL.—In order to receive an allotment under 

this section for any fiscal year, a State shall submit an application to the Secretary at such time and in such manner as 

the Secretary may reasonably require. 

‘‘(2) CONTENTS.—Each application described under paragraph (1) shall include the following: 

‘‘(A) A description of how the State educational agency 

will use funds received under this title for State-level activities described in subsection (c). 

‘‘(B) A description of the State’s system of certification 

and licensing of teachers, principals, or other school leaders. 

‘‘(C) A description of how activities under this part 

are aligned with challenging State academic standards. 

‘‘(D) A description of how the activities carried out 

with funds under this part are expected to improve student 

achievement. 

‘‘(E) If a State educational agency plans to use funds 

under this part to improve equitable access to effective 

teachers, consistent with section 1111(g)(1)(B), a description of how such funds will be used for such purpose. 

‘‘(F) If applicable, a description of how the State educational agency will work with local educational agencies 

in the State to develop or implement State or local teacher, 

principal, or other school leader evaluation and support 

systems that meet the requirements of subsection 

(c)(4)(B)(ii). 

‘‘(G) An assurance that the State educational agency 

will monitor the implementation of activities under this 

part and provide technical assistance to local educational 

agencies in carrying out such activities. 
S. 1177—123 

‘‘(H) An assurance that the State educational agency 

will work in consultation with the entity responsible for 

teacher, principal, or other school leader professional standards, certification, and licensing for the State, and encourage collaboration between educator preparation programs, 

the State, and local educational agencies to promote the 

readiness of new educators entering the profession. 

‘‘(I) An assurance that the State educational agency 

will comply with section 8501 (regarding participation by 

private school children and teachers). 

‘‘(J) A description of how the State educational agency 

will improve the skills of teachers, principals, or other 

school leaders in order to enable them to identify students 

with specific learning needs, particularly children with 

disabilities, English learners, students who are gifted and 

talented, and students with low literacy levels, and provide 

instruction based on the needs of such students. 

‘‘(K) A description of how the State will use data and 

ongoing consultation as described in paragraph (3) to 

continually update and improve the activities supported 

under this part. 

‘‘(L) A description of how the State educational agency 

will encourage opportunities for increased autonomy and 

flexibility for teachers, principals, or other school leaders, 

such as by establishing innovation schools that have a 

high degree of autonomy over budget and operations, are 

transparent and accountable to the public, and lead to 

improved academic outcomes for students. 

‘‘(M) A description of actions the State may take to 

improve preparation programs and strengthen support for 

teachers, principals, or other school leaders based on the 

needs of the State, as identified by the State educational 

agency. 

‘‘(3) CONSULTATION.—In developing the State application 

under this subsection, a State shall— 

‘‘(A) meaningfully consult with teachers, principals, 

other school leaders, paraprofessionals (including organizations representing such individuals), specialized instructional support personnel, charter school leaders (in a State 

that has charter schools), parents, community partners, 

and other organizations or partners with relevant and demonstrated expertise in programs and activities designed 

to meet the purpose of this title; 

‘‘(B) seek advice from the individuals, organizations, 

or partners described in subparagraph (A) regarding how 

best to improve the State’s activities to meet the purpose 

of this title; and 

‘‘(C) coordinate the State’s activities under this part 

with other related strategies, programs, and activities being 

conducted in the State. 

‘‘(4) LIMITATION.—Consultation required under paragraph 

(3) shall not interfere with the timely submission of the application required under this section. 

‘‘(e) PROHIBITION.—Nothing in this section shall be construed 

to authorize the Secretary or any other officer or employee of 

the Federal Government to mandate, direct, or control any of the 

following: 
S. 1177—124 

‘‘(1) The development, improvement, or implementation of 

elements of any teacher, principal, or other school leader 

evaluation system. 

‘‘(2) Any State or local educational agency’s definition of 

teacher, principal, or other school leader effectiveness. 

‘‘(3) Any teacher, principal, or other school leader professional standards, certification, or licensing. 

‘‘SEC. 2102. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES. 

‘‘(a) ALLOCATION OF FUNDS TO LOCAL EDUCATIONAL AGEN- CIES.— ‘‘(1) IN GENERAL.—From funds reserved by a State under 

section 2101(c)(1) for a fiscal year, the State, acting through 

the State educational agency, shall award subgrants to eligible 

local educational agencies from allocations described in paragraph (2). 

‘‘(2) ALLOCATION FORMULA.—From the funds described in 

paragraph (1), the State educational agency shall allocate to 

each of the eligible local educational agencies in the State 

for a fiscal year the sum of— 

‘‘(A) an amount that bears the same relationship to 

20 percent of such funds for such fiscal year as the number 

of individuals aged 5 through 17 in the geographic area 

served by the agency, as determined by the Secretary on 

the basis of the most recent satisfactory data, bears to 

the number of those individuals in the geographic areas 

served by all eligible local educational agencies in the State, 

as so determined; and 

‘‘(B) an amount that bears the same relationship to 

80 percent of the funds for such fiscal year as the number 

of individuals aged 5 through 17 from families with incomes 

below the poverty line in the geographic area served by 

the agency, as determined by the Secretary on the basis 

of the most recent satisfactory data, bears to the number 

of those individuals in the geographic areas served by 

all the eligible local educational agencies in the State, 

as so determined. 

‘‘(3) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to prohibit a consortium of local educational agencies that are designated with a locale code of 41, 42, or 43, 

or such local educational agencies designated with a locale 

code of 41, 42, or 43 that work in cooperation with an educational service agency, from voluntarily combining allocations 

received under this part for the collective use of funding by 

the consortium for activities under this section. 

‘‘(b) LOCAL APPLICATIONS.— 

‘‘(1) IN GENERAL.—To be eligible to receive a subgrant under 

this section, a local educational agency shall submit an application to the State educational agency at such time, in such 

manner, and containing such information as the State educational agency may reasonably require. 

‘‘(2) CONTENTS OF APPLICATION.—Each application submitted under paragraph (1) shall include the following: 

‘‘(A) A description of the activities to be carried out 

by the local educational agency under this section and 

how these activities will be aligned with challenging State 

academic standards. 
S. 1177—125 

‘‘(B) A description of the local educational agency’s 

systems of professional growth and improvement, such as 

induction for teachers, principals, or other school leaders 

and opportunities for building the capacity of teachers and 

opportunities to develop meaningful teacher leadership. 

‘‘(C) A description of how the local educational agency 

will prioritize funds to schools served by the agency that 

are implementing comprehensive support and improvement 

activities and targeted support and improvement activities 

under section 1111(d) and have the highest percentage 

of children counted under section 1124(c). 

‘‘(D) A description of how the local educational agency 

will use data and ongoing consultation described in paragraph (3) to continually update and improve activities supported under this part. 

‘‘(E) An assurance that the local educational agency 

will comply with section 8501 (regarding participation by 

private school children and teachers). 

‘‘(F) An assurance that the local educational agency 

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

‘‘(3) CONSULTATION.—In developing the application 

described in paragraph (2), a local educational agency shall— 

‘‘(A) meaningfully consult with teachers, principals, 

other school leaders, paraprofessionals (including organizations representing such individuals), specialized instructional support personnel, charter school leaders (in a local 

educational agency that has charter schools), parents, 

community partners, and other organizations or partners 

with relevant and demonstrated expertise in programs and 

activities designed to meet the purpose of this title; 

‘‘(B) seek advice from the individuals and organizations 

described in subparagraph (A) regarding how best to 

improve the local educational agency’s activities to meet 

the purpose of this title; and 

‘‘(C) coordinate the local educational agency’s activities 

under this part with other related strategies, programs, 

and activities being conducted in the community. 

‘‘(4) LIMITATION.—Consultation required under paragraph 

(3) shall not interfere with the timely submission of the application required under this section. 

‘‘SEC. 2103. LOCAL USES OF FUNDS. 

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

a subgrant under section 2102 shall use the funds made available 

through the subgrant to develop, implement, and evaluate comprehensive programs and activities described in subsection (b), 

which may be carried out— 

‘‘(1) through a grant or contract with a for-profit or nonprofit entity; or 

‘‘(2) in partnership with an institution of higher education 

or an Indian tribe or tribal organization (as such terms are 

defined under section 4 of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450b)). 
S. 1177—126 

‘‘(b) TYPES OF ACTIVITIES.—The programs and activities 

described in this subsection— 

‘‘(1) shall be in accordance with the purpose of this title; 

‘‘(2) shall address the learning needs of all students, 

including children with disabilities, English learners, and gifted 

and talented students; and 

‘‘(3) may include, among other programs and activities— 

‘‘(A) developing or improving a rigorous, transparent, 

and fair evaluation and support system for teachers, principals, or other school leaders that— 

‘‘(i) is based in part on evidence of student achievement, which may include student growth; and 

‘‘(ii) shall include multiple measures of educator 

performance and provide clear, timely, and useful feedback to teachers, principals, or other school leaders; 

‘‘(B) developing and implementing initiatives to assist 

in recruiting, hiring, and retaining effective teachers, 

particularly in low-income schools with high percentages 

of ineffective teachers and high percentages of students 

who do not meet the challenging State academic standards, 

to improve within-district equity in the distribution of 

teachers, consistent with section 1111(g)(1)(B), such as initiatives that provide— 

‘‘(i) expert help in screening candidates and 

enabling early hiring; 

‘‘(ii) differential and incentive pay for teachers, 

principals, or other school leaders in high-need academic subject areas and specialty areas, which may 

include performance-based pay systems; 

‘‘(iii) teacher, paraprofessional, principal, or other 

school leader advancement and professional growth, 

and an emphasis on leadership opportunities, multiple 

career paths, and pay differentiation; 

‘‘(iv) new teacher, principal, or other school leader 

induction and mentoring programs that are designed 

to— 

‘‘(I) improve classroom instruction and student 

learning and achievement; and 

‘‘(II) increase the retention of effective 

teachers, principals, or other school leaders; 

‘‘(v) the development and provision of training for 

school leaders, coaches, mentors, and evaluators on 

how accurately to differentiate performance, provide 

useful feedback, and use evaluation results to inform 

decisionmaking about professional development, 

improvement strategies, and personnel decisions; and 

‘‘(vi) a system for auditing the quality of evaluation 

and support systems; 

‘‘(C) recruiting qualified individuals from other fields 

to become teachers, principals, or other school leaders, 

including mid-career professionals from other occupations, 

former military personnel, and recent graduates of institutions of higher education with records of academic distinction who demonstrate potential to become effective 

teachers, principals, or other school leaders; 

‘‘(D) reducing class size to a level that is evidencebased, to the extent the State (in consultation with local 
S. 1177—127 

educational agencies in the State) determines that such 

evidence is reasonably available, to improve student 

achievement through the recruiting and hiring of additional 

effective teachers; 

‘‘(E) providing high-quality, personalized professional 

development that is evidence-based, to the extent the State 

(in consultation with local educational agencies in the 

State) determines that such evidence is reasonably available, for teachers, instructional leadership teams, principals, or other school leaders, that is focused on improving 

teaching and student learning and achievement, including 

supporting efforts to train teachers, principals, or other 

school leaders to— 

‘‘(i) effectively integrate technology into curricula 

and instruction (including education about the harms 

of copyright piracy); 

‘‘(ii) use data to improve student achievement and 

understand how to ensure individual student privacy 

is protected, as required under section 444 of the General Education Provisions Act (commonly known as 

the ‘Family Educational Rights and Privacy Act of 

1974’) (20 U.S.C. 1232g) and State and local policies 

and laws in the use of such data; 

‘‘(iii) effectively engage parents, families, and 

community partners, and coordinate services between 

school and community; 

‘‘(iv) help all students develop the skills essential 

for learning readiness and academic success; 

‘‘(v) develop policy with school, local educational 

agency, community, or State leaders; and 

‘‘(vi) participate in opportunities for experiential 

learning through observation; 

‘‘(F) developing programs and activities that increase 

the ability of teachers to effectively teach children with 

disabilities, including children with significant cognitive 

disabilities, and English learners, which may include the 

use of multi-tier systems of support and positive behavioral 

intervention and supports, so that such children with 

disabilities and English learners can meet the challenging 

State academic standards; 

‘‘(G) providing programs and activities to increase— 

‘‘(i) the knowledge base of teachers, principals, or 

other school leaders on instruction in the early grades 

and on strategies to measure whether young children 

are progressing; and 

‘‘(ii) the ability of principals or other school leaders 

to support teachers, teacher leaders, early childhood 

educators, and other professionals to meet the needs 

of students through age 8, which may include providing 

joint professional learning and planning activities for 

school staff and educators in preschool programs that 

address the transition to elementary school; 

‘‘(H) providing training, technical assistance, and 

capacity-building in local educational agencies to assist 

teachers, principals, or other school leaders with selecting 
S. 1177—128 

and implementing formative assessments, designing classroom-based assessments, and using data from such assessments to improve instruction and student academic 

achievement, which may include providing additional time 

for teachers to review student data and respond, as appropriate; 

‘‘(I) carrying out in-service training for school personnel 

in— 

‘‘(i) the techniques and supports needed to help 

educators understand when and how to refer students 

affected by trauma, and children with, or at risk of, 

mental illness; 

‘‘(ii) the use of referral mechanisms that effectively 

link such children to appropriate treatment and intervention services in the school and in the community, 

where appropriate; 

‘‘(iii) forming partnerships between school-based 

mental health programs and public or private mental 

health organizations; and 

‘‘(iv) addressing issues related to school conditions 

for student learning, such as safety, peer interaction, 

drug and alcohol abuse, and chronic absenteeism; 

‘‘(J) providing training to support the identification 

of students who are gifted and talented, including highability students who have not been formally identified for 

gifted education services, and implementing instructional 

practices that support the education of such students, such 

as— 

‘‘(i) early entrance to kindergarten; 

‘‘(ii) enrichment, acceleration, and curriculum compacting activities; and 

‘‘(iii) dual or concurrent enrollment programs in 

secondary school and postsecondary education; 

‘‘(K) supporting the instructional services provided by 

effective school library programs; 

‘‘(L) providing training for all school personnel, 

including teachers, principals, other school leaders, specialized instructional support personnel, and paraprofessionals, 

regarding how to prevent and recognize child sexual abuse; 

‘‘(M) developing and providing professional development and other comprehensive systems of support for 

teachers, principals, or other school leaders to promote 

high-quality instruction and instructional leadership in 

science, technology, engineering, and mathematics subjects, 

including computer science; 

‘‘(N) developing feedback mechanisms to improve school 

working conditions, including through periodically and publicly reporting results of educator support and working 

conditions feedback; 

‘‘(O) providing high-quality professional development 

for teachers, principals, or other school leaders on effective 

strategies to integrate rigorous academic content, career 

and technical education, and work-based learning (if appropriate), which may include providing common planning 

time, to help prepare students for postsecondary education 

and the workforce; and 
S. 1177—129 

‘‘(P) carrying out other activities that are evidencebased, to the extent the State (in consultation with local 

educational agencies in the State) determines that such 

evidence is reasonably available, and identified by the local 

educational agency that meet the purpose of this title. 

‘‘SEC. 2104. REPORTING. 

‘‘(a) STATE REPORT.—Each State educational agency receiving 

funds under this part shall annually submit to the Secretary a 

report that provides— 

‘‘(1) a description of how the State is using grant funds 

received under this part to meet the purpose of this title, 

and how such chosen activities improved teacher, principal, 

or other school leader effectiveness, as determined by the State 

or local educational agency; 

‘‘(2) if funds are used under this part to improve equitable 

access to teachers for low-income and minority students, consistent with section 1111(g)(1)(B), a description of how funds 

have been used to improve such access; 

‘‘(3) for a State that implements a teacher, principal, or 

other school leader evaluation and support system, consistent 

with section 2101(c)(4)(B)(ii), using funds under this part, the 

evaluation results of teachers, principals, or other school 

leaders, except that such information shall not provide personally identifiable information on individual teachers, principals, 

or other school leaders; and 

‘‘(4) where available, the annual retention rates of effective 

and ineffective teachers, principals, or other school leaders, 

using any methods or criteria the State has or develops under 

section 1111(g)(2)(A), except that nothing in this paragraph 

shall be construed to require any State educational agency 

or local educational agency to collect and report any data the 

State educational agency or local educational agency is not 

collecting or reporting as of the day before the date of enactment 

of the Every Student Succeeds Act. 

‘‘(b) LOCAL EDUCATIONAL AGENCY REPORT.—Each local educational agency receiving funds under this part shall submit to 

the State educational agency such information as the State requires, 

which shall include the information described in subsection (a) 

for the local educational agency. 

‘‘(c) AVAILABILITY.—The reports and information provided under 

subsections (a) and (b) shall be made readily available to the public. 

‘‘(d) LIMITATION.—The reports and information provided under 

subsections (a) and (b) shall not reveal personally identifiable 

information about any individual. 

‘‘PART B—NATIONAL ACTIVITIES 

‘‘SEC. 2201. RESERVATIONS. 

‘‘From the amounts appropriated under section 2003(b) for a 

fiscal year, the Secretary shall reserve— 

‘‘(1) to carry out activities authorized under subpart 1— 

‘‘(A) 49.1 percent for each of fiscal years 2017 through 

2019; and 

‘‘(B) 47 percent for fiscal year 2020; 

‘‘(2) to carry out activities authorized under subpart 2— 
S. 1177—130 

‘‘(A) 34.1 percent for each of fiscal years 2017 through 

2019; and 

‘‘(B) 36.8 percent for fiscal year 2020; 

‘‘(3) to carry out activities authorized under subpart 3, 

1.4 percent for each of fiscal years 2017 through 2020; and 

‘‘(4) to carry out activities authorized under subpart 4— 

‘‘(A) 15.4 percent for each of fiscal years 2017 through 

2019; and 

‘‘(B) 14.8 percent for fiscal year 2020. 

‘‘Subpart 1—Teacher and School Leader Incentive 

Program 

‘‘SEC. 2211. PURPOSES; DEFINITIONS. 

‘‘(a) PURPOSES.—The purposes of this subpart are— 

‘‘(1) to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand 

comprehensive performance-based compensation systems or 

human capital management systems for teachers, principals, 

or other school leaders (especially for teachers, principals, or 

other school leaders in high-need schools) who raise student 

academic achievement and close the achievement gap between 

high- and low-performing students; and 

‘‘(2) to study and review performance-based compensation 

systems or human capital management systems for teachers, 

principals, or other school leaders to evaluate the effectiveness, 

fairness, quality, consistency, and reliability of the systems. 

‘‘(b) DEFINITIONS.—In this subpart: 

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— 

‘‘(A) a local educational agency, including a charter 

school that is a local educational agency, or a consortium 

of local educational agencies; 

‘‘(B) a State educational agency or other State agency 

designated by the chief executive of a State to participate 

under this subpart; 

‘‘(C) the Bureau of Indian Education; or 

‘‘(D) a partnership consisting of— 

‘‘(i) 1 or more agencies described in subparagraph 

(A), (B), or (C); and 

‘‘(ii) at least 1 nonprofit or for-profit entity. 

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

means a public elementary school or secondary school that 

is located in an area in which the percentage of students 

from families with incomes below the poverty line is 30 percent 

or more. 

‘‘(3) HUMAN CAPITAL MANAGEMENT SYSTEM.—The term 

‘human capital management system’ means a system— 

‘‘(A) by which a local educational agency makes and 

implements human capital decisions, such as decisions on 

preparation, recruitment, hiring, placement, retention, dismissal, compensation, professional development, tenure, 

and promotion; and 

‘‘(B) that includes a performance-based compensation 

system. 

‘‘(4) PERFORMANCE-BASED COMPENSATION SYSTEM.—The 

term ‘performance-based compensation system’ means a system 
S. 1177—131 

of compensation for teachers, principals, or other school 

leaders— 

‘‘(A) that differentiates levels of compensation based 

in part on measurable increases in student academic 

achievement; and 

‘‘(B) which may include— 

‘‘(i) differentiated levels of compensation, which 

may include bonus pay, on the basis of the employment 

responsibilities and success of effective teachers, principals, or other school leaders in hard-to-staff schools 

or high-need subject areas; and 

‘‘(ii) recognition of the skills and knowledge of 

teachers, principals, or other school leaders as demonstrated through— 

‘‘(I) successful fulfillment of additional responsibilities or job functions, such as teacher leadership roles; and 

‘‘(II) evidence of professional achievement and 

mastery of content knowledge and superior 

teaching and leadership skills. 

‘‘SEC. 2212. TEACHER AND SCHOOL LEADER INCENTIVE FUND GRANTS. 

‘‘(a) GRANTS AUTHORIZED.—From the amounts reserved by the 

Secretary under section 2201(1), the Secretary shall award grants, 

on a competitive basis, to eligible entities to enable the eligible 

entities to develop, implement, improve, or expand performancebased compensation systems or human capital management systems, in schools served by the eligible entity. 

‘‘(b) DURATION OF GRANTS.— 

‘‘(1) IN GENERAL.—A grant awarded under this subpart 

shall be for a period of not more than 3 years. 

‘‘(2) RENEWAL.—The Secretary may renew a grant awarded 

under this subpart for a period of not more than 2 years 

if the grantee demonstrates to the Secretary that the grantee 

is effectively using funds. Such renewal may include allowing 

the grantee to scale up or replicate the successful program. 

‘‘(3) LIMITATION.—A local educational agency may receive 

(whether individually or as part of a consortium or partnership) 

a grant under this subpart, as amended by the Every Student 

Succeeds Act, only twice. 

‘‘(c) APPLICATIONS.—An eligible entity desiring a grant under 

this subpart shall submit an application to the Secretary at such 

time and in such manner as the Secretary may reasonably require. 

The application shall include— 

‘‘(1) a description of the performance-based compensation 

system or human capital management system that the eligible 

entity proposes to develop, implement, improve, or expand 

through the grant; 

‘‘(2) a description of the most significant gaps or 

insufficiencies in student access to effective teachers, principals, 

or other school leaders in high-need schools, including gaps 

or inequities in how effective teachers, principals, or other 

school leaders are distributed across the local educational 

agency, as identified using factors such as data on school 

resources, staffing patterns, school environment, educator support systems, and other school-level factors; 
S. 1177—132 

‘‘(3) a description and evidence of the support and commitment from teachers, principals, or other school leaders, which 

may include charter school leaders, in the school (including 

organizations representing teachers, principals, or other school 

leaders), the community, and the local educational agency to 

the activities proposed under the grant; 

‘‘(4) a description of how the eligible entity will develop 

and implement a fair, rigorous, valid, reliable, and objective 

process to evaluate teacher, principal, or other school leader 

performance under the system that is based in part on measures of student academic achievement, including the baseline 

performance against which evaluations of improved performance will be made; 

‘‘(5) a description of the local educational agencies or schools 

to be served under the grant, including such student academic 

achievement, demographic, and socioeconomic information as 

the Secretary may request; 

‘‘(6) a description of the effectiveness of teachers, principals, 

or other school leaders in the local educational agency and 

the schools to be served under the grant and the extent to 

which the system will increase the effectiveness of teachers, 

principals, or other school leaders in such schools; 

‘‘(7) a description of how the eligible entity will use grant 

funds under this subpart in each year of the grant, including 

a timeline for implementation of such activities; 

‘‘(8) a description of how the eligible entity will continue 

the activities assisted under the grant after the grant period 

ends; 

‘‘(9) a description of the State, local, or other public or 

private funds that will be used to supplement the grant, 

including funds under part A, and sustain the activities assisted 

under the grant after the end of the grant period; 

‘‘(10) a description of— 

‘‘(A) the rationale for the project; 

‘‘(B) how the proposed activities are evidence-based; 

and 

‘‘(C) if applicable, the prior experience of the eligible 

entity in developing and implementing such activities; and 

‘‘(11) a description of how activities funded under this 

subpart will be evaluated, monitored, and publically reported. 

‘‘(d) AWARD BASIS.— 

‘‘(1) PRIORITY.—In awarding a grant under this subpart, 

the Secretary shall give priority to an eligible entity that concentrates the activities proposed to be assisted under the grant 

on teachers, principals, or other school leaders serving in highneed schools. 

‘‘(2) EQUITABLE DISTRIBUTION.—To the extent practicable, 

the Secretary shall ensure an equitable geographic distribution 

of grants under this subpart, including the distribution of such 

grants between rural and urban areas. 

‘‘(e) USE OF FUNDS.— ‘‘(1) IN GENERAL.—An eligible entity that receives a grant 

under this subpart shall use the grant funds to develop, implement, improve, or expand, in collaboration with teachers, principals, other school leaders, and members of the public, a 

performance-based compensation system or human capital 

management system consistent with this subpart. 
S. 1177—133 

‘‘(2) AUTHORIZED ACTIVITIES.—Grant funds under this subpart may be used for one or more of the following: 

‘‘(A) Developing or improving an evaluation and support system, including as part of a human capital management system as applicable, that— 

‘‘(i) reflects clear and fair measures of teacher, 

principal, or other school leader performance, based 

in part on demonstrated improvement in student academic achievement; and 

‘‘(ii) provides teachers, principals, or other school 

leaders with ongoing, differentiated, targeted, and 

personalized support and feedback for improvement, 

including professional development opportunities 

designed to increase effectiveness. 

‘‘(B) Conducting outreach within a local educational 

agency or a State to gain input on how to construct an 

evaluation and support system described in subparagraph 

(A) and to develop support for the evaluation and support 

system, including by training appropriate personnel in how 

to observe and evaluate teachers, principals, or other school 

leaders. 

‘‘(C) Providing principals or other school leaders with— 

‘‘(i) balanced autonomy to make budgeting, scheduling, and other school-level decisions in a manner 

that meets the needs of the school without compromising the intent or essential components of the policies of the local educational agency or State; and 

‘‘(ii) authority to make staffing decisions that meet 

the needs of the school, such as building an instructional leadership team that includes teacher leaders 

or offering opportunities for teams or pairs of effective 

teachers or candidates to teach or start teaching in 

high-need schools together. 

‘‘(D) Implementing, as part of a comprehensive 

performance-based compensation system, a differentiated 

salary structure, which may include bonuses and stipends, 

to— 

‘‘(i) teachers who— 

‘‘(I) teach in— 

‘‘(aa) high-need schools; or 

‘‘(bb) high-need subjects; 

‘‘(II) raise student academic achievement; or 

‘‘(III) take on additional leadership responsibilities; or 

‘‘(ii) principals or other school leaders who serve 

in high-need schools and raise student academic 

achievement in the schools. 

‘‘(E) Improving the local educational agency’s system 

and process for the recruitment, selection, placement, and 

retention of effective teachers, principals, or other school 

leaders in high-need schools, such as by improving local 

educational agency policies and procedures to ensure that 

high-need schools are competitive and timely in— 

‘‘(i) attracting, hiring, and retaining effective educators; 

‘‘(ii) offering bonuses or higher salaries to effective 

educators; or 
S. 1177—134 

‘‘(iii) establishing or strengthening school leader 

residency programs and teacher residency programs. 

‘‘(F) Instituting career advancement opportunities 

characterized by increased responsibility and pay that 

reward and recognize effective teachers, principals, or other 

school leaders in high-need schools and enable them to 

expand their leadership and results, such as through 

teacher-led professional development, mentoring, coaching, 

hybrid roles, administrative duties, and career ladders. 

‘‘(f) MATCHING REQUIREMENT.—Each eligible entity that 

receives a grant under this subpart shall provide, from non-Federal 

sources, an amount equal to 50 percent of the amount of the 

grant (which may be provided in cash or in kind) to carry out 

the activities supported by the grant. 

‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Grant funds provided under 

this subpart shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in 

this subpart. 

‘‘SEC. 2213. REPORTS. 

‘‘(a) ACTIVITIES SUMMARY.—Each eligible entity receiving a 

grant under this subpart shall provide to the Secretary a summary 

of the activities assisted under the grant. 

‘‘(b) REPORT.—The Secretary shall provide to Congress an 

annual report on the implementation of the program carried out 

under this subpart, including— 

‘‘(1) information on eligible entities that received grant 

funds under this subpart, including— 

‘‘(A) information provided by eligible entities to the 

Secretary in the applications submitted under section 

2212(c); 

‘‘(B) the summaries received under subsection (a); and 

‘‘(C) grant award amounts; and 

‘‘(2) student academic achievement and, as applicable, 

growth data from the schools participating in the programs 

supported under the grant. 

‘‘(c) EVALUATION AND TECHNICAL ASSISTANCE.— 

‘‘(1) RESERVATION OF FUNDS.—Of the total amount reserved 

for this subpart for a fiscal year, the Secretary may reserve 

for such fiscal year not more than 1 percent for the cost of 

the evaluation under paragraph (2) and for technical assistance 

in carrying out this subpart. 

‘‘(2) EVALUATION.—From amounts reserved under paragraph (1), the Secretary, acting through the Director of the 

Institute of Education Sciences, shall carry out an independent 

evaluation to measure the effectiveness of the program assisted 

under this subpart. 

‘‘(3) CONTENTS.—The evaluation under paragraph (2) shall 

measure— 

‘‘(A) the effectiveness of the program in improving student academic achievement; 

‘‘(B) the satisfaction of the participating teachers, principals, or other school leaders; and 

‘‘(C) the extent to which the program assisted the 

eligible entities in recruiting and retaining high-quality 

teachers, principals, or other school leaders, especially in 

high-need subject areas. 
S. 1177—135 

‘‘Subpart 2—Literacy Education for All, Results 

for the Nation 

‘‘SEC. 2221. PURPOSES; DEFINITIONS. 

‘‘(a) PURPOSES.—The purposes of this subpart are— 

‘‘(1) to improve student academic achievement in reading 

and writing by providing Federal support to States to develop, 

revise, or update comprehensive literacy instruction plans that, 

when implemented, ensure high-quality instruction and effective strategies in reading and writing from early education 

through grade 12; and 

‘‘(2) for States to provide targeted subgrants to early childhood education programs and local educational agencies and 

their public or private partners to implement evidence-based 

programs that ensure high-quality comprehensive literacy 

instruction for students most in need. 

‘‘(b) DEFINITIONS.—In this subpart: 

‘‘(1) COMPREHENSIVE LITERACY INSTRUCTION.—The term 

‘comprehensive literacy instruction’ means instruction that— 

‘‘(A) includes developmentally appropriate, contextually 

explicit, and systematic instruction, and frequent practice, 

in reading and writing across content areas; 

‘‘(B) includes age-appropriate, explicit, systematic, and 

intentional instruction in phonological awareness, phonic 

decoding, vocabulary, language structure, reading fluency, 

and reading comprehension; 

‘‘(C) includes age-appropriate, explicit instruction in 

writing, including opportunities for children to write with 

clear purposes, with critical reasoning appropriate to the 

topic and purpose, and with specific instruction and feedback from instructional staff; 

‘‘(D) makes available and uses diverse, high-quality 

print materials that reflect the reading and development 

levels, and interests, of children; 

‘‘(E) uses differentiated instructional approaches, 

including individual and small group instruction and 

discussion; 

‘‘(F) provides opportunities for children to use language 

with peers and adults in order to develop language skills, 

including developing vocabulary; 

‘‘(G) includes frequent practice of reading and writing 

strategies; 

‘‘(H) uses age-appropriate, valid, and reliable screening 

assessments, diagnostic assessments, formative assessment 

processes, and summative assessments to identify a child’s 

learning needs, to inform instruction, and to monitor the 

child’s progress and the effects of instruction; 

‘‘(I) uses strategies to enhance children’s motivation 

to read and write and children’s engagement in self-directed 

learning; 

‘‘(J) incorporates the principles of universal design for 

learning; 

‘‘(K) depends on teachers’ collaboration in planning, 

instruction, and assessing a child’s progress and on continuous professional learning; and 
S. 1177—136 

‘‘(L) links literacy instruction to the challenging State 

academic standards, including the ability to navigate, 

understand, and write about, complex print and digital 

subject matter. 

‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an 

entity that consists of— 

‘‘(A) one or more local educational agencies that serve 

a high percentage of high-need schools and— 

‘‘(i) have the highest number or proportion of children who are counted under section 1124(c), in 

comparison to other local educational agencies in the 

State; 

‘‘(ii) are among the local educational agencies in 

the State with the highest number or percentages of 

children reading or writing below grade level, based 

on the most currently available State academic assessment data under section 1111(b)(2); or 

‘‘(iii) serve a significant number or percentage of 

schools that are implementing comprehensive support 

and improvement activities and targeted support and 

improvement activities under section 1111(d); 

‘‘(B) one or more early childhood education programs 

serving low-income or otherwise disadvantaged children, 

which may include home-based literacy programs for preschool-aged children, that have a demonstrated record of 

providing comprehensive literacy instruction for the age 

group such program proposes to serve; or 

‘‘(C) a local educational agency, described in subparagraph (A), or consortium of such local educational agencies, 

or an early childhood education program, which may 

include home-based literacy programs for preschool-aged 

children, acting in partnership with 1 or more public or 

private nonprofit organizations or agencies (which may 

include early childhood education programs) that have a 

demonstrated record of effectiveness in— 

‘‘(i) improving literacy achievement of children, 

consistent with the purposes of participation under 

this subpart, from birth through grade 12; and 

‘‘(ii) providing professional development in comprehensive literacy instruction. 

‘‘(3) HIGH-NEED SCHOOL.— 

‘‘(A) IN GENERAL.—The term ‘high-need school’ means— 

‘‘(i) an elementary school or middle school in which 

not less than 50 percent of the enrolled students are 

children from low-income families; or 

‘‘(ii) a high school in which not less than 40 percent 

of the enrolled students are children from low-income 

families, which may be calculated using comparable 

data from the schools that feed into the high school. 

‘‘(B) LOW-INCOME FAMILY.—For purposes of subparagraph (A), the term ‘low-income family’ means a family— 

‘‘(i) in which the children are eligible for a free 

or reduced-price lunch under the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1751 et seq.); 

‘‘(ii) receiving assistance under the program of 

block grants to States for temporary assistance for 

needy families established under part A of title IV 
S. 1177—137 

of the Social Security Act (42 U.S.C. 601 et seq.); 

or 

‘‘(iii) in which the children are eligible to receive 

medical assistance under the Medicaid program under 

title XIX of the Social Security Act (42 U.S.C. 1396 

et seq.). 

‘‘SEC. 2222. COMPREHENSIVE LITERACY STATE DEVELOPMENT 

GRANTS. 

‘‘(a) GRANTS AUTHORIZED.—From the amounts reserved by the 

Secretary under section 2201(2) and not reserved under subsection 

(b), the Secretary shall award grants, on a competitive basis, to 

State educational agencies to enable the State educational agencies 

to— 

‘‘(1) provide subgrants to eligible entities serving a diversity 

of geographic areas, giving priority to entities serving greater 

numbers or percentages of children from low-income families; 

and 

‘‘(2) develop or enhance comprehensive literacy instruction 

plans that ensure high-quality instruction and effective strategies in reading and writing for children from early childhood 

education through grade 12, including English learners and 

children with disabilities. 

‘‘(b) RESERVATION.—From the amounts reserved to carry out 

this subpart for a fiscal year, the Secretary shall reserve— 

‘‘(1) not more than a total of 5 percent for national activities, including a national evaluation, technical assistance and 

training, data collection, and reporting; 

‘‘(2) one half of 1 percent for the Secretary of the Interior 

to carry out a program described in this subpart at schools 

operated or funded by the Bureau of Indian Education; and 

‘‘(3) one half of 1 percent for the outlying areas to carry 

out a program under this subpart. 

‘‘(c) DURATION OF GRANTS.—A grant awarded under this subpart shall be for a period of not more than 5 years total. Such 

grant may be renewed for an additional 2-year period upon the 

termination of the initial period of the grant if the grant recipient 

demonstrates to the satisfaction of the Secretary that— 

‘‘(1) the State has made adequate progress; and 

‘‘(2) renewing the grant for an additional 2-year period 

is necessary to carry out the objectives of the grant described 

in subsection (d). 

‘‘(d) STATE APPLICATIONS.— 

‘‘(1) IN GENERAL.—A State educational agency desiring a 

grant under this subpart shall submit an application to the 

Secretary, at such time and in such manner as the Secretary 

may require. The State educational agency shall collaborate 

with the State agency responsible for administering early childhood education programs and the State agency responsible 

for administering child care programs in the State in writing 

and implementing the early childhood education portion of the 

grant application under this subsection. 

‘‘(2) CONTENTS.—An application described in paragraph (1) 

shall include, at a minimum, the following: 

‘‘(A) A needs assessment that analyzes literacy needs 

across the State and in high-need schools and local educational agencies that serve high-need schools, including 
S. 1177—138 

identifying the most significant gaps in literacy proficiency 

and inequities in student access to effective teachers of 

literacy, considering each of the subgroups of students, 

as defined in section 1111(c)(2). 

‘‘(B) A description of how the State educational agency, 

in collaboration with the State literacy team, if applicable, 

will develop a State comprehensive literacy instruction plan 

or will revise and update an already existing State comprehensive literacy instruction plan. 

‘‘(C) An implementation plan that includes a description of how the State educational agency will carry out 

the State activities described in subsection (f). 

‘‘(D) An assurance that the State educational agency 

will use implementation grant funds described in subsection (f)(1) for comprehensive literacy instruction programs as follows: 

‘‘(i) Not less than 15 percent of such grant funds 

shall be used for State and local programs and activities pertaining to children from birth through kindergarten entry. 

‘‘(ii) Not less than 40 percent of such grant funds 

shall be used for State and local programs and activities, allocated equitably among the grades of kindergarten through grade 5. 

‘‘(iii) Not less than 40 percent of such grant funds 

shall be used for State and local programs and activities, allocated equitably among grades 6 through 12. 

‘‘(E) An assurance that the State educational agency 

will give priority in awarding a subgrant under section 

2223 to an eligible entity that— 

‘‘(i) serves children from birth through age 5 who 

are from families with income levels at or below 200 

percent of the Federal poverty line; or 

‘‘(ii) is a local educational agency serving a high 

number or percentage of high-need schools. 

‘‘(e) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to State educational agencies that will 

use the grant funds for evidence-based activities, defined for the 

purpose of this subsection as activities meeting the requirements 

of section 8101(21)(A)(i). 

‘‘(f) STATE ACTIVITIES.— 

‘‘(1) IN GENERAL.—A State educational agency receiving 

a grant under this section shall use not less than 95 percent 

of such grant funds to award subgrants to eligible entities, 

based on their needs assessment and a competitive application 

process. 

‘‘(2) RESERVATION.—A State educational agency receiving 

a grant under this section may reserve not more than 5 percent 

for activities identified through the needs assessment and comprehensive literacy plan described in subparagraphs (A) and 

(B) of subsection (d)(2), including the following activities: 

‘‘(A) Providing technical assistance, or engaging qualified providers to provide technical assistance, to eligible 

entities to enable the eligible entities to design and implement literacy programs. 

‘‘(B) Coordinating with institutions of higher education 

in the State to provide recommendations to strengthen 
S. 1177—139 

and enhance pre-service courses for students preparing 

to teach children from birth through grade 12 in explicit, 

systematic, and intensive instruction in evidence-based literacy methods. 

‘‘(C) Reviewing and updating, in collaboration with 

teachers and institutions of higher education, State licensure or certification standards in the area of literacy 

instruction in early education through grade 12. 

‘‘(D) Making publicly available, including on the State 

educational agency’s website, information on promising 

instructional practices to improve child literacy achievement. 

‘‘(E) Administering and monitoring the implementation 

of subgrants by eligible entities. 

‘‘(3) ADDITIONAL USES.—After carrying out the activities 

described in paragraphs (1) and (2), a State educational agency 

may use any remaining amount to carry out 1 or more of 

the following activities: 

‘‘(A) Developing literacy coach training programs and 

training literacy coaches. 

‘‘(B) Administration and evaluation of activities carried 

out under this subpart. 

‘‘SEC. 2223. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH 

THROUGH KINDERGARTEN ENTRY LITERACY. 

‘‘(a) SUBGRANTS.— 

‘‘(1) IN GENERAL.—A State educational agency receiving 

a grant under this subpart shall, in consultation with the 

State agencies responsible for administering early childhood 

education programs and services, including the State agency 

responsible for administering child care programs, and, if 

applicable, the State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 

642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 

9837b(b)(1)(A)(i)), use a portion of the grant funds, in accordance with section 2222(d)(2)(D)(i), to award subgrants, on a 

competitive basis, to eligible entities to enable the eligible entities to support high-quality early literacy initiatives for children 

from birth through kindergarten entry. 

‘‘(2) DURATION.—The term of a subgrant under this section 

shall be determined by the State educational agency awarding 

the subgrant and shall in no case exceed 5 years. 

‘‘(3) SUFFICIENT SIZE AND SCOPE.—Each subgrant awarded 

under this section shall be of sufficient size and scope to allow 

the eligible entity to carry out high-quality early literacy initiatives for children from birth through kindergarten entry. 

‘‘(b) LOCAL APPLICATIONS.—An eligible entity desiring to receive 

a subgrant under this section shall submit an application to the 

State educational agency, at such time, in such manner, and containing such information as the State educational agency may 

require. Such application shall include a description of— 

‘‘(1) how the subgrant funds will be used to enhance the 

language and literacy development and school readiness of 

children, from birth through kindergarten entry, in early childhood education programs, which shall include an analysis of 

data that support the proposed use of subgrant funds; 
S. 1177—140 

‘‘(2) how the subgrant funds will be used to prepare and 

provide ongoing assistance to staff in the programs, including 

through high-quality professional development; 

‘‘(3) how the activities assisted under the subgrant will 

be coordinated with comprehensive literacy instruction at the 

kindergarten through grade 12 levels; and 

‘‘(4) how the subgrant funds will be used to evaluate the 

success of the activities assisted under the subgrant in 

enhancing the early language and literacy development of children from birth through kindergarten entry. 

‘‘(c) PRIORITY.—In awarding grants under this section, the State 

educational agency shall give priority to an eligible entity that 

will use the grant funds to implement evidence-based activities, 

defined for the purpose of this subsection as activities meeting 

the requirements of section 8101(21)(A)(i). 

‘‘(d) LOCAL USES OF FUNDS.—An eligible entity that receives 

a subgrant under this section shall use the subgrant funds, consistent with the entity’s approved application under subsection (b), 

to— 

‘‘(1) carry out high-quality professional development 

opportunities for early childhood educators, teachers, principals, 

other school leaders, paraprofessionals, specialized instructional 

support personnel, and instructional leaders; 

‘‘(2) train providers and personnel to develop and administer evidence-based early childhood education literacy initiatives; and 

‘‘(3) coordinate the involvement of families, early childhood 

education program staff, principals, other school leaders, 

specialized instructional support personnel (as appropriate), 

and teachers in literacy development of children served under 

the subgrant. 

‘‘SEC. 2224. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF 

KINDERGARTEN THROUGH GRADE 12 LITERACY. 

‘‘(a) SUBGRANTS TO ELIGIBLE ENTITIES.— 

‘‘(1) SUBGRANTS.—A State educational agency receiving a 

grant under this subpart shall use a portion of the grant 

funds, in accordance with clauses (ii) and (iii) of section 

2222(d)(2)(D), to award subgrants, on a competitive basis, to 

eligible entities to enable the eligible entities to carry out 

the authorized activities described in subsections (c) and (d). 

‘‘(2) DURATION.—The term of a subgrant under this section 

shall be determined by the State educational agency awarding 

the subgrant and shall in no case exceed 5 years. 

‘‘(3) SUFFICIENT SIZE AND SCOPE.—A State educational 

agency shall award subgrants under this section of sufficient 

size and scope to allow the eligible entities to carry out highquality comprehensive literacy instruction in each grade level 

for which the subgrant funds are provided. 

‘‘(4) LOCAL APPLICATIONS.—An eligible entity desiring to 

receive a subgrant under this section shall submit an application to the State educational agency at such time, in such 

manner, and containing such information as the State educational agency may require. Such application shall include, 

for each school that the eligible entity identifies as participating 

in a subgrant program under this section, the following information: 
S. 1177—141 

‘‘(A) A description of the eligible entity’s needs assessment conducted to identify how subgrant funds will be 

used to inform and improve comprehensive literacy instruction at the school. 

‘‘(B) How the school, the local educational agency, or 

a provider of high-quality professional development will 

provide ongoing high-quality professional development to 

all teachers, principals, other school leaders, specialized 

instructional support personnel (as appropriate), and other 

instructional leaders served by the school. 

‘‘(C) How the school will identify children in need of 

literacy interventions or other support services. 

‘‘(D) An explanation of how the school will integrate 

comprehensive literacy instruction into a well-rounded education. 

‘‘(E) A description of how the school will coordinate 

comprehensive literacy instruction with early childhood 

education programs and activities and after-school programs and activities in the area served by the local educational agency. 

‘‘(b) PRIORITY.—In awarding grants under this section, the State 

educational agency shall give priority to an eligible entity that 

will use funds under subsection (c) or (d) to implement evidencebased activities, defined for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i). 

‘‘(c) LOCAL USES OF FUNDS FOR KINDERGARTEN THROUGH GRADE

5.—An eligible entity that receives a subgrant under this section 

shall use the subgrant funds to carry out the following activities 

pertaining to children in kindergarten through grade 5: 

‘‘(1) Developing and implementing a comprehensive literacy 

instruction plan across content areas for such children that— 

‘‘(A) serves the needs of all children, including children 

with disabilities and English learners, especially children 

who are reading or writing below grade level; 

‘‘(B) provides intensive, supplemental, accelerated, and 

explicit intervention and support in reading and writing 

for children whose literacy skills are below grade level; 

and 

‘‘(C) supports activities that are provided primarily 

during the regular school day but that may be augmented 

by after-school and out-of-school time instruction. 

‘‘(2) Providing high-quality professional development 

opportunities for teachers, literacy coaches, literacy specialists, 

English as a second language specialists (as appropriate), principals, other school leaders, specialized instructional support 

personnel, school librarians, paraprofessionals, and other program staff. 

‘‘(3) Training principals, specialized instructional support 

personnel, and other local educational agency personnel to support, develop, administer, and evaluate high-quality kindergarten through grade 5 literacy initiatives. 

‘‘(4) Coordinating the involvement of early childhood education program staff, principals, other instructional leaders, 

teachers, teacher literacy teams, English as a second language 

specialists (as appropriate), special educators, school personnel, 

and specialized instructional support personnel (as appropriate) 
S. 1177—142 

in the literacy development of children served under this subsection. 

‘‘(5) Engaging families and encouraging family literacy 

experiences and practices to support literacy development. 

‘‘(d) LOCAL USES OF FUNDS FOR GRADES 6 THROUGH 12.— 

An eligible entity that receives a subgrant under this section shall 

use subgrant funds to carry out the following activities pertaining 

to children in grades 6 through 12: 

‘‘(1) Developing and implementing a comprehensive literacy 

instruction plan described in subsection (c)(1) for children in 

grades 6 through 12. 

‘‘(2) Training principals, specialized instructional support 

personnel, school librarians, and other local educational agency 

personnel to support, develop, administer, and evaluate highquality comprehensive literacy instruction initiatives for grades 

6 through 12. 

‘‘(3) Assessing the quality of adolescent comprehensive literacy instruction as part of a well-rounded education. 

‘‘(4) Providing time for teachers to meet to plan evidencebased adolescent comprehensive literacy instruction to be delivered as part of a well-rounded education. 

‘‘(5) Coordinating the involvement of principals, other 

instructional leaders, teachers, teacher literacy teams, English 

as a second language specialists (as appropriate), paraprofessionals, special educators, specialized instructional support personnel (as appropriate), and school personnel in the literacy 

development of children served under this subsection. 

‘‘(e) ALLOWABLE USES.—An eligible entity that receives a 

subgrant under this section may, in addition to carrying out the 

activities described in subsections (c) and (d), use subgrant funds 

to carry out the following activities pertaining to children in kindergarten through grade 12: 

‘‘(1) Recruiting, placing, training, and compensating literacy 

coaches. 

‘‘(2) Connecting out-of-school learning opportunities to inschool learning in order to improve children’s literacy achievement. 

‘‘(3) Training families and caregivers to support the 

improvement of adolescent literacy. 

‘‘(4) Providing for a multi-tier system of supports for literacy 

services. 

‘‘(5) Forming a school literacy leadership team to help 

implement, assess, and identify necessary changes to the literacy initiatives in 1 or more schools to ensure success. 

‘‘(6) Providing time for teachers (and other literacy staff, 

as appropriate, such as school librarians or specialized instructional support personnel) to meet to plan comprehensive literacy 

instruction. 

‘‘SEC. 2225. NATIONAL EVALUATION AND INFORMATION DISSEMINATION. 

‘‘(a) NATIONAL EVALUATION.—From funds reserved under section 2222(b)(1), the Director of the Institute of Education Sciences 

shall conduct a national evaluation of the grant and subgrant 

programs assisted under this subpart. Such evaluation shall include 

high-quality research that applies rigorous and systematic procedures to obtain valid knowledge relevant to the implementation 
S. 1177—143 

and effect of the programs and shall directly coordinate with individual State evaluations of the programs’ implementation and 

impact. 

‘‘(b) PROGRAM IMPROVEMENT.—The Secretary shall— 

‘‘(1) provide the findings of the evaluation conducted under 

this section to State educational agencies and subgrant recipients for use in program improvement; 

‘‘(2) make such findings publicly available, including on 

the websites of the Department and the Institute of Education 

Sciences; 

‘‘(3) submit such findings to the Committee on Health, 

Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives; and 

‘‘(4) make publicly available, in a manner consistent with 

paragraph (2), best practices for implementing evidence-based 

activities under this subpart, including evidence-based activities, defined for the purpose of this paragraph as activities 

meeting the requirements of section 8101(21)(A)(i). 

‘‘SEC. 2226. INNOVATIVE APPROACHES TO LITERACY. 

‘‘(a) IN GENERAL.—From amounts reserved under section 

2201(2), the Secretary may award grants, contracts, or cooperative 

agreements, on a competitive basis, to eligible entities for the purposes of promoting literacy programs that support the development 

of literacy skills in low-income communities, including— 

‘‘(1) developing and enhancing effective school library programs, which may include providing professional development 

for school librarians, books, and up-to-date materials to highneed schools; 

‘‘(2) early literacy services, including pediatric literacy programs through which, during well-child visits, medical providers trained in research-based methods of early language 

and literacy promotion provide developmentally appropriate 

books and recommendations to parents to encourage them to 

read aloud to their children starting in infancy; and 

‘‘(3) programs that provide high-quality books on a regular 

basis to children and adolescents from low-income communities 

to increase reading motivation, performance, and frequency. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— 

‘‘(A) a local educational agency in which 20 percent 

or more of the students served by the local educational 

agency are from families with an income below the poverty 

line; 

‘‘(B) a consortium of such local educational agencies; 

‘‘(C) the Bureau of Indian Education; or 

‘‘(D) an eligible national nonprofit organization. 

‘‘(2) ELIGIBLE NATIONAL NONPROFIT ORGANIZATION.—The 

term ‘eligible national nonprofit organization’ means an 

organization of national scope that— 

‘‘(A) is supported by staff, which may include volunteers, or affiliates at the State and local levels; and 

‘‘(B) demonstrates effectiveness or high-quality plans 

for addressing childhood literacy activities for the population targeted by the grant. 
S. 1177—144 

‘‘Subpart 3—American History and Civics 

Education 

‘‘SEC. 2231. PROGRAM AUTHORIZED. 

‘‘(a) IN GENERAL.—From the amount reserved by the Secretary 

under section 2201(3), the Secretary is authorized to carry out 

an American history and civics education program to improve— 

‘‘(1) the quality of American history, civics, and government 

education by educating students about the history and principles of the Constitution of the United States, including the 

Bill of Rights; and 

‘‘(2) the quality of the teaching of American history, civics, 

and government in elementary schools and secondary schools, 

including the teaching of traditional American history. 

‘‘(b) FUNDING ALLOTMENT.—Of the amount available under subsection (a) for a fiscal year, the Secretary— 

‘‘(1) shall reserve not less than 26 percent for activities 

under section 2232; and 

‘‘(2) may reserve not more than 74 percent for activities 

under section 2233. 

‘‘SEC. 2232. PRESIDENTIAL AND CONGRESSIONAL ACADEMIES FOR 

AMERICAN HISTORY AND CIVICS. 

‘‘(a) IN GENERAL.—From the amounts reserved under section 

2231(b)(1) for a fiscal year, the Secretary shall award not more 

than 12 grants, on a competitive basis, to— 

‘‘(1) eligible entities to establish Presidential Academies 

for the Teaching of American History and Civics (in this section 

referred to as the ‘Presidential Academies’) in accordance with 

subsection (e); and 

‘‘(2) eligible entities to establish Congressional Academies 

for Students of American History and Civics (in this section 

referred to as the ‘Congressional Academies’) in accordance 

with subsection (f). 

‘‘(b) APPLICATION.—An eligible entity that desires to receive 

a grant under subsection (a) shall submit an application to the 

Secretary at such time and in such manner as the Secretary may 

reasonably require. 

‘‘(c) ELIGIBLE ENTITY.—The term ‘eligible entity’ under this 

section means— 

‘‘(1) an institution of higher education or nonprofit educational organization, museum, library, or research center with 

demonstrated expertise in historical methodology or the 

teaching of American history and civics; or 

‘‘(2) a consortium of entities described in paragraph (1). 

‘‘(d) GRANT TERMS.—Grants awarded to eligible entities under 

subsection (a) shall be for a term of not more than 5 years. 

‘‘(e) PRESIDENTIAL ACADEMIES.— ‘‘(1) USE OF FUNDS.—Each eligible entity that receives a 

grant under subsection (a)(1) shall use the grant funds to 

establish a Presidential Academy that offers a seminar or 

institute for teachers of American history and civics, which— 

‘‘(A) provides intensive professional development 

opportunities for teachers of American history and civics 

to strengthen such teachers’ knowledge of the subjects of 

American history and civics; 
S. 1177—145 

‘‘(B) is led by a team of primary scholars and core 

teachers who are accomplished in the field of American 

history and civics; 

‘‘(C) is conducted during the summer or other appropriate time; and 

‘‘(D) is of not less than 2 weeks and not more than 

6 weeks in duration. 

‘‘(2) SELECTION OF TEACHERS.—Each year, each Presidential 

Academy shall select between 50 and 300 teachers of American 

history and civics from public or private elementary schools 

and secondary schools to attend the seminar or institute under 

paragraph (1). 

‘‘(3) TEACHER STIPENDS.—Each teacher selected to participate in a seminar or institute under this subsection shall be 

awarded a fixed stipend based on the length of the seminar 

or institute to ensure that such teacher does not incur personal 

costs associated with the teacher’s participation in the seminar 

or institute. 

‘‘(4) PRIORITY.—In awarding grants under subsection (a)(1), 

the Secretary shall give priority to eligible entities that coordinate or align their activities with the National Park Service 

National Centennial Parks initiative to develop innovative and 

comprehensive programs using the resources of the National 

Parks. 

‘‘(f) CONGRESSIONAL ACADEMIES.— 

‘‘(1) USE OF FUNDS.—Each eligible entity that receives a 

grant under subsection (a)(2) shall use the grant funds to 

establish a Congressional Academy that offers a seminar or 

institute for outstanding students of American history and 

civics, which— 

‘‘(A) broadens and deepens such students’ understanding of American history and civics; 

‘‘(B) is led by a team of primary scholars and core 

teachers who are accomplished in the field of American 

history and civics; 

‘‘(C) is conducted during the summer or other appropriate time; and 

‘‘(D) is of not less than 2 weeks and not more than 

6 weeks in duration. 

‘‘(2) SELECTION OF STUDENTS.— 

‘‘(A) IN GENERAL.—Each year, each Congressional 

Academy shall select between 100 and 300 eligible students 

to attend the seminar or institute under paragraph (1). 

‘‘(B) ELIGIBLE STUDENTS.—A student shall be eligible 

to attend a seminar or institute offered by a Congressional 

Academy under this subsection if the student— 

‘‘(i) is recommended by the student’s secondary 

school principal or other school leader to attend the 

seminar or institute; and 

‘‘(ii) will be a secondary school junior or senior 

in the academic year following attendance at the seminar or institute. 

‘‘(3) STUDENT STIPENDS.—Each student selected to participate in a seminar or institute under this subsection shall be 

awarded a fixed stipend based on the length of the seminar 

or institute to ensure that such student does not incur personal 
S. 1177—146 

costs associated with the student’s participation in the seminar 

or institute. 

‘‘(g) MATCHING FUNDS.— ‘‘(1) IN GENERAL.—An eligible entity that receives funds 

under subsection (a) shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an 

amount equal to 100 percent of the amount of the grant. 

‘‘(2) WAIVER.—The Secretary may waive all or part of the 

matching requirement described in paragraph (1) for any fiscal 

year for an eligible entity if the Secretary determines that 

applying the matching requirement would result in serious 

hardship or an inability to carry out the activities described 

in subsection (e) or (f). 

‘‘SEC. 2233. NATIONAL ACTIVITIES. 

‘‘(a) PURPOSE.—The purpose of this section is to promote new 

and existing evidence-based strategies to encourage innovative 

American history, civics and government, and geography instruction, learning strategies, and professional development activities 

and programs for teachers, principals, or other school leaders, 

particularly such instruction, strategies, activities, and programs 

that benefit low-income students and underserved populations. 

‘‘(b) IN GENERAL.—From the amounts reserved by the Secretary 

under section 2231(b)(2), the Secretary shall award grants, on a 

competitive basis, to eligible entities for the purposes of expanding, 

developing, implementing, evaluating, and disseminating for voluntary use, innovative, evidence-based approaches or professional 

development programs in American history, civics and government, 

and geography, which— 

‘‘(1) shall— 

‘‘(A) show potential to improve the quality of student 

achievement in, and teaching of, American history, civics 

and government, or geography, in elementary schools and 

secondary schools; and 

‘‘(B) demonstrate innovation, scalability, accountability, 

and a focus on underserved populations; and 

‘‘(2) may include— 

‘‘(A) hands-on civic engagement activities for teachers 

and students; and 

‘‘(B) programs that educate students about the history 

and principles of the Constitution of the United States, 

including the Bill of Rights. 

‘‘(c) PROGRAM PERIODS AND DIVERSITY OF PROJECTS.— 

‘‘(1) IN GENERAL.—A grant awarded by the Secretary to 

an eligible entity under this section shall be for a period of 

not more than 3 years. 

‘‘(2) RENEWAL.—The Secretary may renew a grant awarded 

under this section for 1 additional 2-year period. 

‘‘(3) DIVERSITY OF PROJECTS.—In awarding grants under 

this section, the Secretary shall ensure that, to the extent 

practicable, grants are distributed among eligible entities that 

will serve geographically diverse areas, including urban, suburban, and rural areas. 

‘‘(d) APPLICATIONS.—In order to receive a grant under this 

section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may 

reasonably require. 
S. 1177—147 

‘‘(e) ELIGIBLE ENTITY.—In this section, the term ‘eligible entity’ 

means an institution of higher education or other nonprofit or 

for-profit organization with demonstrated expertise in the development of evidence-based approaches with the potential to improve 

the quality of American history, civics and government, or geography learning and teaching. 

‘‘Subpart 4—Programs of National Significance 

‘‘SEC. 2241. FUNDING ALLOTMENT. 

‘‘From the funds reserved under section 2201(4), the Secretary— 

‘‘(1) shall use not less than 74 percent to carry out activities 

under section 2242; 

‘‘(2) shall use not less than 22 percent to carry out activities 

under section 2243; 

‘‘(3) shall use not less than 2 percent to carry out activities 

under section 2244; and 

‘‘(4) may reserve not more than 2 percent to carry out 

activities under section 2245. 

‘‘SEC. 2242. SUPPORTING EFFECTIVE EDUCATOR DEVELOPMENT. 

‘‘(a) IN GENERAL.—From the funds reserved by the Secretary 

under section 2241(1) for a fiscal year, the Secretary shall award 

grants, on a competitive basis, to eligible entities for the purposes 

of— 

‘‘(1) providing teachers, principals, or other school leaders 

from nontraditional preparation and certification routes or 

pathways to serve in traditionally underserved local educational 

agencies; 

‘‘(2) providing evidence-based professional development 

activities that address literacy, numeracy, remedial, or other 

needs of local educational agencies and the students the agencies serve; 

‘‘(3) providing teachers, principals, or other school leaders 

with professional development activities that enhance or enable 

the provision of postsecondary coursework through dual or 

concurrent enrollment programs and early college high school 

settings across a local educational agency; 

‘‘(4) making freely available services and learning 

opportunities to local educational agencies, through partnerships and cooperative agreements or by making the services 

or opportunities publicly accessible through electronic means; 

or 

‘‘(5) providing teachers, principals, or other school leaders 

with evidence-based professional enhancement activities, which 

may include activities that lead to an advanced credential. 

‘‘(b) PROGRAM PERIODS AND DIVERSITY OF PROJECTS.— 

‘‘(1) IN GENERAL.—A grant awarded by the Secretary to 

an eligible entity under this section shall be for a period of 

not more than 3 years. 

‘‘(2) RENEWAL.—The Secretary may renew a grant awarded 

under this section for 1 additional 2-year period. 

‘‘(3) DIVERSITY OF PROJECTS.—In awarding grants under 

this section, the Secretary shall ensure that, to the extent 

practicable, grants are distributed among eligible entities that 

will serve geographically diverse areas, including urban, suburban, and rural areas. 
S. 1177—148 

‘‘(4) LIMITATION.—The Secretary shall not award more than 

1 grant under this section to an eligible entity during a grant 

competition. 

‘‘(c) COST-SHARING.— 

‘‘(1) IN GENERAL.—An eligible entity that receives a grant 

under this section shall provide, from non-Federal sources, 

not less than 25 percent of the funds for the total cost for 

each year of activities carried out under this section. 

‘‘(2) ACCEPTABLE CONTRIBUTIONS.—An eligible entity that 

receives a grant under this section may meet the requirement 

of paragraph (1) by providing contributions in cash or in kind, 

fairly evaluated, including plant, equipment, and services. 

‘‘(3) WAIVERS.—The Secretary may waive or modify the 

requirement of paragraph (1) in cases of demonstrated financial 

hardship. 

‘‘(d) APPLICATIONS.—In order to receive a grant under this 

section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may 

reasonably require. Such application shall include, at a minimum, 

a certification that the services provided by an eligible entity under 

the grant to a local educational agency or to a school served by 

the local educational agency will not result in direct fees for participating students or parents. 

‘‘(e) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an eligible entity that will implement 

evidence-based activities, defined for the purpose of this subsection 

as activities meeting the requirements of section 8101(21)(A)(i). 

‘‘(f) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term 

‘eligible entity’ means— 

‘‘(1) an institution of higher education that provides course 

materials or resources that are evidence-based in increasing 

academic achievement, graduation rates, or rates of postsecondary education matriculation; 

‘‘(2) a national nonprofit entity with a demonstrated record 

of raising student academic achievement, graduation rates, and 

rates of higher education attendance, matriculation, or completion, or of effectiveness in providing preparation and professional development activities and programs for teachers, principals, or other school leaders; 

‘‘(3) the Bureau of Indian Education; or 

‘‘(4) a partnership consisting of— 

‘‘(A) 1 or more entities described in paragraph (1) or 

(2); and 

‘‘(B) a for-profit entity. 

‘‘SEC. 2243. SCHOOL LEADER RECRUITMENT AND SUPPORT. 

‘‘(a) IN GENERAL.—From the funds reserved under section 

2241(2) for a fiscal year, the Secretary shall award grants, on 

a competitive basis, to eligible entities to enable such entities to 

improve the recruitment, preparation, placement, support, and 

retention of effective principals or other school leaders in highneed schools, which may include— 

‘‘(1) developing or implementing leadership training programs designed to prepare and support principals or other 

school leaders in high-need schools, including through new 

or alternative pathways or school leader residency programs; 
S. 1177—149 

‘‘(2) developing or implementing programs or activities for 

recruiting, selecting, and developing aspiring or current principals or other school leaders to serve in high-need schools; 

‘‘(3) developing or implementing programs for recruiting, 

developing, and placing school leaders to improve schools implementing comprehensive support and improvement activities and 

targeted support and improvement activities under section 

1111(d), including through cohort-based activities that build 

effective instructional and school leadership teams and develop 

a school culture, design, instructional program, and professional 

development program focused on improving student learning; 

‘‘(4) providing continuous professional development for principals or other school leaders in high-need schools; 

‘‘(5) developing and disseminating information on best practices and strategies for effective school leadership in highneed schools, such as training and supporting principals to 

identify, develop, and maintain school leadership teams using 

various leadership models; and 

‘‘(6) other evidence-based programs or activities described 

in section 2101(c)(4) or section 2103(b)(3) focused on principals 

or other school leaders in high-need schools. 

‘‘(b) PROGRAM PERIODS AND DIVERSITY OF PROJECTS.— 

‘‘(1) IN GENERAL.—A grant awarded by the Secretary to 

an eligible entity under this section shall be for a period of 

not more than 5 years. 

‘‘(2) RENEWAL.—The Secretary may renew a grant awarded 

under this section for 1 additional 2-year period. 

‘‘(3) DIVERSITY OF PROJECTS.—In awarding grants under 

this section, the Secretary shall ensure that, to the extent 

practicable, grants are distributed among eligible entities that 

will serve geographically diverse areas, including urban, suburban, and rural areas. 

‘‘(4) LIMITATION.—The Secretary shall not award more than 

1 grant under this section to an eligible entity during a grant 

competition. 

‘‘(c) COST-SHARING.— 

‘‘(1) IN GENERAL.—An eligible entity that receives a grant 

under this section shall provide, from non-Federal sources, 

not less than 25 percent of the funds for the total cost for 

each year of activities carried out under this section. 

‘‘(2) ACCEPTABLE CONTRIBUTIONS.—An eligible entity that 

receives a grant under this section may meet the requirement 

of paragraph (1) by providing contributions in cash or in kind, 

fairly evaluated, including plant, equipment, and services. 

‘‘(3) WAIVERS.—The Secretary may waive or modify the 

requirement of paragraph (1) in cases of demonstrated financial 

hardship. 

‘‘(d) APPLICATIONS.—An eligible entity that desires a grant 

under this section shall submit to the Secretary an application 

at such time, and in such manner, as the Secretary may require. 

‘‘(e) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an eligible entity— 

‘‘(1) with a record of preparing or developing principals 

who— 

‘‘(A) have improved school-level student outcomes; 

‘‘(B) have become principals in high-need schools; and 
S. 1177—150 

‘‘(C) remain principals in high-need schools for multiple 

years; and 

‘‘(2) who will implement evidence-based activities, defined 

for the purpose of this paragraph as activities meeting the 

requirements of section 8101(21)(A)(i). 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— 

‘‘(A) a local educational agency, including an educational service agency, that serves a high-need school or 

a consortium of such agencies; 

‘‘(B) a State educational agency or a consortium of 

such agencies; 

‘‘(C) a State educational agency in partnership with 

1 or more local educational agencies, or educational service 

agencies, that serve a high-need school; 

‘‘(D) the Bureau of Indian Education; or 

‘‘(E) an entity described in subparagraph (A), (B), (C), 

or (D) in partnership with 1 or more nonprofit organizations 

or institutions of higher education. 

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

means— 

‘‘(A) an elementary school in which not less than 50 

percent of the enrolled students are from families with 

incomes below the poverty line; or 

‘‘(B) a secondary school in which not less than 40 

percent of the enrolled students are from families with 

incomes below the poverty line. 

‘‘SEC. 2244. TECHNICAL ASSISTANCE AND NATIONAL EVALUATION. 

‘‘(a) IN GENERAL.—From the funds reserved under section 

2241(3) for a fiscal year, the Secretary— 

‘‘(1) shall establish, in a manner consistent with section 

203 of the Educational Technical Assistance Act of 2002 (20 

U.S.C. 9602), a comprehensive center on students at risk of 

not attaining full literacy skills due to a disability that meets 

the purposes of subsection (b); and 

‘‘(2) may— 

‘‘(A) provide technical assistance, which may be carried 

out directly or through grants or contracts, to States and 

local educational agencies carrying out activities under this 

part; and 

‘‘(B) carry out evaluations of activities by States and 

local educational agencies under this part, which shall 

be conducted by a third party or by the Institute of Education Sciences. 

‘‘(b) PURPOSES.—The comprehensive center established by the 

Secretary under subsection (a)(1) shall— 

‘‘(1) identify or develop free or low-cost evidence-based 

assessment tools for identifying students at risk of not attaining 

full literacy skills due to a disability, including dyslexia 

impacting reading or writing, or developmental delay impacting 

reading, writing, language processing, comprehension, or executive functioning; 

‘‘(2) identify evidence-based literacy instruction, strategies, 

and accommodations, including assistive technology, designed 

to meet the specific needs of such students; 
S. 1177—151 

‘‘(3) provide families of such students with information 

to assist such students; 

‘‘(4) identify or develop evidence-based professional development for teachers, paraprofessionals, principals, other school 

leaders, and specialized instructional support personnel to— 

‘‘(A) understand early indicators of students at risk 

of not attaining full literacy skills due to a disability, 

including dyslexia impacting reading or writing, or developmental delay impacting reading, writing, language processing, comprehension, or executive functioning; 

‘‘(B) use evidence-based screening assessments for early 

identification of such students beginning not later than 

kindergarten; and 

‘‘(C) implement evidence-based instruction designed to 

meet the specific needs of such students; and 

‘‘(5) disseminate the products of the comprehensive center 

to regionally diverse State educational agencies, local educational agencies, regional educational agencies, and schools, 

including, as appropriate, through partnerships with other comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), 

and regional educational laboratories established under section 

174 of the Education Sciences Reform Act of 2002 (20 U.S.C. 

9564). 

‘‘SEC. 2245. STEM MASTER TEACHER CORPS. 

‘‘(a) IN GENERAL.—From the funds reserved under section 

2241(4) for a fiscal year, the Secretary may award grants to— 

‘‘(1) State educational agencies to enable such agencies 

to support the development of a State-wide STEM master 

teacher corps; or 

‘‘(2) State educational agencies, or nonprofit organizations 

in partnership with State educational agencies, to support the 

implementation, replication, or expansion of effective science, 

technology, engineering, and mathematics professional development programs in schools across the State through collaboration 

with school administrators, principals, and STEM educators. 

‘‘(b) STEM MASTER TEACHER CORPS.—In this section, the term 

‘STEM master teacher corps’ means a State-led effort to elevate 

the status of the science, technology, engineering, and mathematics 

teaching profession by recognizing, rewarding, attracting, and 

retaining outstanding science, technology, engineering, and mathematics teachers, particularly in high-need and rural schools, by— 

‘‘(1) selecting candidates to be master teachers in the corps 

on the basis of— 

‘‘(A) content knowledge based on a screening examination; and 

‘‘(B) pedagogical knowledge of and success in teaching; 

‘‘(2) offering such teachers opportunities to— 

‘‘(A) work with one another in scholarly communities; 

and 

‘‘(B) participate in and lead high-quality professional 

development; and 

‘‘(3) providing such teachers with additional appropriate 

and substantial compensation for the work described in paragraph (2) and in the master teacher community. 
S. 1177—152 

‘‘PART C—GENERAL PROVISIONS 

‘‘SEC. 2301. SUPPLEMENT, NOT SUPPLANT. 

‘‘Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise 

be used for activities authorized under this title. 

‘‘SEC. 2302. RULES OF CONSTRUCTION. 

‘‘(a) PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR

CONTROL.—Nothing in this title shall be construed to authorize 

the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, 

or school’s— 

‘‘(1) instructional content or materials, curriculum, program 

of instruction, academic standards, or academic assessments; 

‘‘(2) teacher, principal, or other school leader evaluation 

system; 

‘‘(3) specific definition of teacher, principal, or other school 

leader effectiveness; or 

‘‘(4) teacher, principal, or other school leader professional 

standards, certification, or licensing. 

‘‘(b) SCHOOL OR DISTRICT EMPLOYEES.—Nothing in this title 

shall be construed to alter or otherwise affect the rights, remedies, 

and procedures afforded school or school district employees under 

Federal, State, or local laws (including applicable regulations or 

court orders) or under the terms of collective bargaining agreements, 

memoranda of understanding, or other agreements between such 

employees and their employers.’’. 

TITLE III—LANGUAGE INSTRUCTION 

FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS 

SEC. 3001. REDESIGNATION OF CERTAIN PROVISIONS. 

Title III (20 U.S.C. 6801 et seq.) is amended— 

(1) by striking the title heading and inserting ‘‘LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND 

IMMIGRANT STUDENTS’’; 

(2) in part A— 

(A) by striking section 3122; 

(B) by redesignating sections 3123 through 3129 as 

sections 3122 through 3128, respectively; and 

(C) by striking subpart 4; 

(3) by striking part B; 

(4) by redesignating part C as part B; and 

(5) in part B, as redesignated by paragraph (4)— 

(A) by redesignating section 3301 as section 3201; 

(B) by striking section 3302; and 

(C) by redesignating sections 3303 and 3304 as sections 

3202 and 3203, respectively. 

SEC. 3002. AUTHORIZATION OF APPROPRIATIONS. 

Section 3001 (20 U.S.C. 6801) is amended to read as follows: 
S. 1177—153 

‘‘SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this 

title— 

‘‘(1) $756,332,450 for fiscal year 2017; 

‘‘(2) $769,568,267 for fiscal year 2018; 

‘‘(3) $784,959,633 for fiscal year 2019; and 

‘‘(4) $884,959,633 for fiscal year 2020.’’. 

SEC. 3003. ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND ACADEMIC ACHIEVEMENT. 

(a) PURPOSES.—Section 3102 (20 U.S.C. 6812) is amended to 

read as follows: 

‘‘SEC. 3102. PURPOSES. 

‘‘The purposes of this part are— 

‘‘(1) to help ensure that English learners, including 

immigrant children and youth, attain English proficiency and 

develop high levels of academic achievement in English; 

‘‘(2) to assist all English learners, including immigrant 

children and youth, to achieve at high levels in academic subjects so that all English learners can meet the same challenging 

State academic standards that all children are expected to 

meet; 

‘‘(3) to assist teachers (including preschool teachers), principals and other school leaders, State educational agencies, 

local educational agencies, and schools in establishing, implementing, and sustaining effective language instruction educational programs designed to assist in teaching English 

learners, including immigrant children and youth; 

‘‘(4) to assist teachers (including preschool teachers), principals and other school leaders, State educational agencies, 

and local educational agencies to develop and enhance their 

capacity to provide effective instructional programs designed 

to prepare English learners, including immigrant children and 

youth, to enter all-English instructional settings; and 

‘‘(5) to promote parental, family, and community participation in language instruction educational programs for the parents, families, and communities of English learners.’’. 

(b) FORMULA GRANTS TO STATES.—Section 3111 (20 U.S.C. 

6821) is amended— 

(1) in subsection (b)— 

(A) in paragraph (2), by striking subparagraphs (A) 

through (D) and inserting the following: 

‘‘(A) Establishing and implementing, with timely and 

meaningful consultation with local educational agencies 

representing the geographic diversity of the State, 

standardized statewide entrance and exit procedures, 

including a requirement that all students who may be 

English learners are assessed for such status within 30 

days of enrollment in a school in the State. 

‘‘(B) Providing effective teacher and principal preparation, effective professional development activities, and other 

effective activities related to the education of English 

learners, which may include assisting teachers, principals, 

and other educators in— 
S. 1177—154 

‘‘(i) meeting State and local certification and 

licensing requirements for teaching English learners; 

and 

‘‘(ii) improving teaching skills in meeting the 

diverse needs of English learners, including how to 

implement effective programs and curricula on 

teaching English learners. 

‘‘(C) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to 

in paragraph (1). 

‘‘(D) Providing technical assistance and other forms 

of assistance to eligible entities that are receiving subgrants 

from a State educational agency under this subpart, 

including assistance in— 

‘‘(i) identifying and implementing effective language instruction educational programs and curricula 

for teaching English learners; 

‘‘(ii) helping English learners meet the same challenging State academic standards that all children are 

expected to meet; 

‘‘(iii) identifying or developing, and implementing, 

measures of English proficiency; and 

‘‘(iv) strengthening and increasing parent, family, 

and community engagement in programs that serve 

English learners. 

‘‘(E) Providing recognition, which may include providing financial awards, to recipients of subgrants under 

section 3115 that have significantly improved the achievement and progress of English learners in meeting— 

‘‘(i) the State-designed long-term goals established 

under section 1111(c)(4)(A)(ii), including measurements 

of interim progress towards meeting such goals, based 

on the State’s English language proficiency assessment 

under section 1111(b)(2)(G); and 

‘‘(ii) the challenging State academic standards.’’; 

(B) in paragraph (3)— 

(i) in the paragraph heading, by striking ‘‘ADMINIS- TRATIVE’’ and inserting ‘‘DIRECT ADMINISTRATIVE’’; 

(ii) by striking ‘‘60 percent’’ and inserting ‘‘50 percent’’; and 

(iii) by inserting ‘‘direct’’ before ‘‘administrative 

costs’’; and 

(2) in subsection (c)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘section 3001(a)’’ and inserting ‘‘section 3001’’; 

(ii) in subparagraph (B), by inserting ‘‘and’’ after 

the semicolon; 

(iii) by striking subparagraph (C) and inserting 

the following: 

‘‘(C) 6.5 percent of such amount for national activities 

under sections 3131 and 3202, except that not more than 

$2,000,000 of such amount may be reserved for the 

National Clearinghouse for English Language Acquisition 

and Language Instruction Educational Programs described 

in section 3202.’’; and 

(iv) by striking subparagraph (D); 
S. 1177—155 

(B) by striking paragraphs (2) and (4); 

(C) by redesignating paragraph (3) as paragraph (2); 

(D) in paragraph (2)(A), as redesignated by subparagraph (C)— 

(i) in the matter preceding clause (i), by striking 

‘‘section 3001(a)’’ and inserting ‘‘section 3001’’; 

(ii) in clause (i), by striking ‘‘limited English proficient’’ and all that follows through ‘‘States; and’’ and 

inserting ‘‘English learners in the State bears to the 

number of English learners in all States, as determined 

in accordance with paragraph (3)(A); and’’; and 

(iii) in clause (ii), by inserting ‘‘, as determined 

in accordance with paragraph (3)(B)’’ before the period 

at the end; and 

(E) by adding at the end the following: 

‘‘(3) USE OF DATA FOR DETERMINATIONS.—In making State 

allotments under paragraph (2) for each fiscal year, the Secretary shall— 

‘‘(A) determine the number of English learners in a 

State and in all States, using the most accurate, up-todate data, which shall be— 

‘‘(i) data available from the American Community 

Survey conducted by the Department of Commerce, 

which may be multiyear estimates; 

‘‘(ii) the number of students being assessed for 

English language proficiency, based on the State’s 

English language proficiency assessment under section 

1111(b)(2)(G), which may be multiyear estimates; or 

‘‘(iii) a combination of data available under clauses 

(i) and (ii); and 

‘‘(B) determine the number of immigrant children and 

youth in the State and in all States based only on data 

available from the American Community Survey conducted 

by the Department of Commerce, which may be multiyear 

estimates.’’. 

(c) NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN

SCHOOL.—Section 3112(a) (20 U.S.C. 6822(a)) is amended by 

striking ‘‘Bureau of Indian Affairs’’ each place the term appears 

and inserting ‘‘Bureau of Indian Education’’. 

(d) STATE AND SPECIALLY QUALIFIED AGENCY PLANS.—Section 

3113 (20 U.S.C. 6823) is amended— 

(1) in subsection (a), by striking ‘‘, in such manner, and 

containing such information’’ and inserting ‘‘and in such 

manner’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘making’’ and 

inserting ‘‘awarding’’; and 

(B) by striking paragraphs (2) through (6) and inserting 

the following: 

‘‘(2) describe how the agency will establish and implement, 

with timely and meaningful consultation with local educational 

agencies representing the geographic diversity of the State, 

standardized, statewide entrance and exit procedures, including 

an assurance that all students who may be English learners 

are assessed for such status within 30 days of enrollment 

in a school in the State; 

‘‘(3) provide an assurance that— 
S. 1177—156 

‘‘(A) the agency will ensure that eligible entities 

receiving a subgrant under this subpart comply with the 

requirement in section 1111(b)(2)(B)(ix) regarding assessment of English learners in English; 

‘‘(B) the agency will ensure that eligible entities 

receiving a subgrant under this subpart annually assess 

the English proficiency of all English learners participating 

in a program funded under this subpart, consistent with 

section 1111(b)(2)(G); 

‘‘(C) in awarding subgrants under section 3114, the 

agency will address the needs of school systems of all 

sizes and in all geographic areas, including school systems 

with rural and urban schools; 

‘‘(D) subgrants to eligible entities under section 

3114(d)(1) will be of sufficient size and scope to allow 

such entities to carry out effective language instruction 

educational programs for English learners; 

‘‘(E) the agency will require an eligible entity receiving 

a subgrant under this subpart to use the subgrant in 

ways that will build such recipient’s capacity to continue 

to offer effective language instruction educational programs 

that assist English learners in meeting challenging State 

academic standards; 

‘‘(F) the agency will monitor each eligible entity 

receiving a subgrant under this subpart for compliance 

with applicable Federal fiscal requirements; and 

‘‘(G) the plan has been developed in consultation with 

local educational agencies, teachers, administrators of programs implemented under this subpart, parents of English 

learners, and other relevant stakeholders; 

‘‘(4) describe how the agency will coordinate its programs 

and activities under this subpart with other programs and 

activities under this Act and other Acts, as appropriate; 

‘‘(5) describe how each eligible entity will be given the 

flexibility to teach English learners— 

‘‘(A) using a high-quality, effective language instruction 

curriculum for teaching English learners; and 

‘‘(B) in the manner the eligible entity determines to 

be the most effective; 

‘‘(6) describe how the agency will assist eligible entities 

in meeting— 

‘‘(A) the State-designed long-term goals established 

under section 1111(c)(4)(A)(ii), including measurements of 

interim progress towards meeting such goals, based on 

the State’s English language proficiency assessment under 

section 1111(b)(2)(G); and 

‘‘(B) the challenging State academic standards; 

‘‘(7) describe how the agency will meet the unique needs 

of children and youth in the State being served through the 

reservation of funds under section 3114(d); and 

‘‘(8) describe— 

‘‘(A) how the agency will monitor the progress of each 

eligible entity receiving a subgrant under this subpart in 

helping English learners achieve English proficiency; and 

‘‘(B) the steps the agency will take to further assist 

eligible entities if the strategies funded under this subpart 
S. 1177—157 

are not effective, such as providing technical assistance 

and modifying such strategies.’’; 

(3) in subsection (d)— 

(A) in paragraph (1), by striking ‘‘this part’’ each place 

the term appears and inserting ‘‘this subpart’’; and 

(B) in paragraph (2)(B), by striking ‘‘this part’’ and 

inserting ‘‘this subpart’’; 

(4) in subsection (e), by striking ‘‘section 9302’’ and 

inserting ‘‘section 8302’’; and 

(5) in subsection (f)— 

(A) by inserting ‘‘by the State’’ after ‘‘if requested’’; 

and 

(B) by striking ‘‘, objectives,’’. 

(e) WITHIN-STATE ALLOCATIONS.—Section 3114 (20 U.S.C. 6824) 

is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) IN GENERAL.—After making the reservation required under 

subsection (d)(1), each State educational agency receiving a grant 

under section 3111(c)(2) shall award subgrants for a fiscal year 

by allocating in a timely manner to each eligible entity in the 

State having a plan approved under section 3116 an amount that 

bears the same relationship to the amount received under the 

grant and remaining after making such reservation as the population of English learners in schools served by the eligible entity 

bears to the population of English learners in schools served by 

all eligible entities in the State.’’; and 

(2) in subsection (d)(1)— 

(A) by striking ‘‘section 3111(c)(3)’’ and inserting ‘‘section 3111(c)(2)’’; and 

(B) by striking ‘‘preceding the fiscal year’’. 

(f) SUBGRANTS TO ELIGIBLE ENTITIES.—Section 3115 (20 U.S.C. 

6825) is amended to read as follows: 

‘‘SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES. 

‘‘(a) PURPOSES OF SUBGRANTS.—A State educational agency may 

make a subgrant to an eligible entity from funds received by the 

agency under this subpart only if the entity agrees to expend 

the funds to improve the education of English learners by assisting 

the children to learn English and meet the challenging State academic standards. In carrying out activities with such funds, the 

eligible entity shall use effective approaches and methodologies 

for teaching English learners and immigrant children and youth 

for the following purposes: 

‘‘(1) Developing and implementing new language instruction educational programs and academic content instructional 

programs for English learners and immigrant children and 

youth, including early childhood education programs, 

elementary school programs, and secondary school programs. 

‘‘(2) Carrying out highly focused, innovative, locally 

designed activities to expand or enhance existing language 

instruction educational programs and academic content instructional programs for English learners and immigrant children 

and youth. 

‘‘(3) Implementing, within an individual school, schoolwide 

programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language 
S. 1177—158 

instruction educational programs and academic content instruction for English learners and immigrant children and youth. 

‘‘(4) Implementing, within the entire jurisdiction of a local 

educational agency, agencywide programs for restructuring, 

reforming, and upgrading all relevant programs, activities, and 

operations relating to language instruction educational programs and academic content instruction for English learners 

and immigrant children and youth. 

‘‘(b) DIRECT ADMINISTRATIVE EXPENSES.—Each eligible entity 

receiving funds under section 3114(a) for a fiscal year may use 

not more than 2 percent of such funds for the cost of administering 

this subpart. 

‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligible entity 

receiving funds under section 3114(a) shall use the funds— 

‘‘(1) to increase the English language proficiency of English 

learners by providing effective language instruction educational 

programs that meet the needs of English learners and demonstrate success in increasing— 

‘‘(A) English language proficiency; and 

‘‘(B) student academic achievement; 

‘‘(2) to provide effective professional development to classroom teachers (including teachers in classroom settings that 

are not the settings of language instruction educational programs), principals and other school leaders, administrators, 

and other school or community-based organizational personnel, 

that is— 

‘‘(A) designed to improve the instruction and assessment of English learners; 

‘‘(B) designed to enhance the ability of such teachers, 

principals, and other school leaders to understand and 

implement curricula, assessment practices and measures, 

and instructional strategies for English learners; 

‘‘(C) effective in increasing children’s English language 

proficiency or substantially increasing the subject matter 

knowledge, teaching knowledge, and teaching skills of such 

teachers; and 

‘‘(D) of sufficient intensity and duration (which shall 

not include activities such as 1-day or short-term workshops and conferences) to have a positive and lasting 

impact on the teachers’ performance in the classroom, 

except that this subparagraph shall not apply to an activity 

that is one component of a long-term, comprehensive professional development plan established by a teacher and the 

teacher’s supervisor based on an assessment of the needs 

of the teacher, the supervisor, the students of the teacher, 

and any local educational agency employing the teacher, 

as appropriate; and 

‘‘(3) to provide and implement other effective activities 

and strategies that enhance or supplement language instruction 

educational programs for English learners, which— 

‘‘(A) shall include parent, family, and community 

engagement activities; and 

‘‘(B) may include strategies that serve to coordinate 

and align related programs. 

‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject to subsection (c), an eligible entity receiving funds under section 3114(a) 
S. 1177—159 

may use the funds to achieve any of the purposes described in 

subsection (a) by undertaking 1 or more of the following activities: 

‘‘(1) Upgrading program objectives and effective instructional strategies. 

‘‘(2) Improving the instructional program for English 

learners by identifying, acquiring, and upgrading curricula, 

instructional materials, educational software, and assessment 

procedures. 

‘‘(3) Providing to English learners— 

‘‘(A) tutorials and academic or career and technical 

education; and 

‘‘(B) intensified instruction, which may include materials in a language that the student can understand, interpreters, and translators. 

‘‘(4) Developing and implementing effective preschool, 

elementary school, or secondary school language instruction 

educational programs that are coordinated with other relevant 

programs and services. 

‘‘(5) Improving the English language proficiency and academic achievement of English learners. 

‘‘(6) Providing community participation programs, family 

literacy services, and parent and family outreach and training 

activities to English learners and their families— 

‘‘(A) to improve the English language skills of English 

learners; and 

‘‘(B) to assist parents and families in helping their 

children to improve their academic achievement and 

becoming active participants in the education of their children. 

‘‘(7) Improving the instruction of English learners, which 

may include English learners with a disability, by providing 

for— 

‘‘(A) the acquisition or development of educational technology or instructional materials; 

‘‘(B) access to, and participation in, electronic networks 

for materials, training, and communication; and 

‘‘(C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such 

as those funded under this subpart. 

‘‘(8) Offering early college high school or dual or concurrent 

enrollment programs or courses designed to help English 

learners achieve success in postsecondary education. 

‘‘(9) Carrying out other activities that are consistent with 

the purposes of this section. 

‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUBSTANTIAL

INCREASES IN IMMIGRANT CHILDREN AND YOUTH.— 

‘‘(1) IN GENERAL.—An eligible entity receiving funds under 

section 3114(d)(1) shall use the funds to pay for activities 

that provide enhanced instructional opportunities for 

immigrant children and youth, which may include— 

‘‘(A) family literacy, parent and family outreach, and 

training activities designed to assist parents and families 

to become active participants in the education of their 

children; 

‘‘(B) recruitment of, and support for, personnel, 

including teachers and paraprofessionals who have been 
S. 1177—160 

specifically trained, or are being trained, to provide services 

to immigrant children and youth; 

‘‘(C) provision of tutorials, mentoring, and academic 

or career counseling for immigrant children and youth; 

‘‘(D) identification, development, and acquisition of curricular materials, educational software, and technologies 

to be used in the program carried out with awarded funds; 

‘‘(E) basic instructional services that are directly attributable to the presence of immigrant children and youth 

in the local educational agency involved, including the payment of costs of providing additional classroom supplies, 

costs of transportation, or such other costs as are directly 

attributable to such additional basic instructional services; 

‘‘(F) other instructional services that are designed to 

assist immigrant children and youth to achieve in 

elementary schools and secondary schools in the United 

States, such as programs of introduction to the educational 

system and civics education; and 

‘‘(G) activities, coordinated with community-based 

organizations, institutions of higher education, private 

sector entities, or other entities with expertise in working 

with immigrants, to assist parents and families of 

immigrant children and youth by offering comprehensive 

community services. 

‘‘(2) DURATION OF SUBGRANTS.—The duration of a subgrant 

made by a State educational agency under section 3114(d)(1) 

shall be determined by the agency in its discretion. 

‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— ‘‘(1) IN GENERAL.—To receive a subgrant from a State educational agency under this subpart, an eligible entity shall 

select one or more methods or forms of effective instruction 

to be used in the programs and activities undertaken by the 

entity to assist English learners to attain English language 

proficiency and meet challenging State academic standards. 

‘‘(2) CONSISTENCY.—The selection described in paragraph 

(1) shall be consistent with sections 3124 through 3126. 

‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available under this subpart shall be used so as to supplement the 

level of Federal, State, and local public funds that, in the absence 

of such availability, would have been expended for programs for 

English learners and immigrant children and youth and in no 

case to supplant such Federal, State, and local public funds.’’. 

(g) LOCAL PLANS.—Section 3116 (20 U.S.C. 6826) is amended— 

(1) in subsection (b), by striking paragraphs (1) through 

(6) and inserting the following: 

‘‘(1) describe the effective programs and activities, including 

language instruction educational programs, proposed to be 

developed, implemented, and administered under the subgrant 

that will help English learners increase their English language 

proficiency and meet the challenging State academic standards; 

‘‘(2) describe how the eligible entity will ensure that 

elementary schools and secondary schools receiving funds under 

this subpart assist English learners in— 

‘‘(A) achieving English proficiency based on the State’s 

English language proficiency assessment under section 

1111(b)(2)(G), consistent with the State’s long-term goals, 

as described in section 1111(c)(4)(A)(ii); and 
S. 1177—161 

‘‘(B) meeting the challenging State academic standards; 

‘‘(3) describe how the eligible entity will promote parent, 

family, and community engagement in the education of English 

learners; 

‘‘(4) contain assurances that— 

‘‘(A) each local educational agency that is included 

in the eligible entity is complying with section 1112(e) 

prior to, and throughout, each school year as of the date 

of application; 

‘‘(B) the eligible entity is not in violation of any State 

law, including State constitutional law, regarding the education of English learners, consistent with sections 3125 

and 3126; 

‘‘(C) the eligible entity consulted with teachers, 

researchers, school administrators, parents and family 

members, community members, public or private entities, 

and institutions of higher education, in developing and 

implementing such plan; and 

‘‘(D) the eligible entity will, if applicable, coordinate 

activities and share relevant data under the plan with 

local Head Start and Early Head Start agencies, including 

migrant and seasonal Head Start agencies, and other early 

childhood education providers.’’; 

(2) in subsection (c), by striking ‘‘limited English proficient 

children’’ and inserting ‘‘English learners’’; and 

(3) by striking subsection (d). 

(h) REPORTING.—Section 3121 (20 U.S.C. 6841) is amended 

to read as follows: 

‘‘SEC. 3121. REPORTING. 

‘‘(a) IN GENERAL.—Each eligible entity that receives a subgrant 

from a State educational agency under subpart 1 shall provide 

such agency, at the conclusion of every second fiscal year during 

which the subgrant is received, with a report, in a form prescribed 

by the agency, on the activities conducted and children served 

under such subpart that includes— 

‘‘(1) a description of the programs and activities conducted 

by the entity with funds received under subpart 1 during the 

2 immediately preceding fiscal years, which shall include a 

description of how such programs and activities supplemented 

programs funded primarily with State or local funds; 

‘‘(2) the number and percentage of English learners in 

the programs and activities who are making progress toward 

achieving English language proficiency, as described in section 

1111(c)(4)(A)(ii), in the aggregate and disaggregated, at a minimum, by English learners with a disability; 

‘‘(3) the number and percentage of English learners in 

the programs and activities attaining English language proficiency based on State English language proficiency standards 

established under section 1111(b)(1)(G) by the end of each 

school year, as determined by the State’s English language 

proficiency assessment under section 1111(b)(2)(G); 

‘‘(4) the number and percentage of English learners who 

exit the language instruction educational programs based on 

their attainment of English language proficiency; 

‘‘(5) the number and percentage of English learners meeting 

challenging State academic standards for each of the 4 years 
S. 1177—162 

after such children are no longer receiving services under this 

part, in the aggregate and disaggregated, at a minimum, by 

English learners with a disability; 

‘‘(6) the number and percentage of English learners who 

have not attained English language proficiency within 5 years 

of initial classification as an English learner and first enrollment in the local educational agency; and 

‘‘(7) any other information that the State educational 

agency may require. 

‘‘(b) USE OF REPORT.—A report provided by an eligible entity 

under subsection (a) shall be used by the entity and the State 

educational agency for improvement of programs and activities 

under this part. 

‘‘(c) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—Each 

specially qualified agency receiving a grant under subpart 1 shall 

provide the reports described in subsection (a) to the Secretary 

subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such 

subsection.’’. 

(i) BIENNIAL REPORTS.—Section 3122 (20 U.S.C. 6843), as 

redesignated by section 3001(2)(B), is amended— 

(1) in the section heading, by striking ‘‘REPORTING

REQUIREMENTS’’ and inserting ‘‘BIENNIAL REPORTS’’; 

(2) in subsection (a)— 

(A) by striking ‘‘evaluations’’ and inserting ‘‘reports’’; 

and 

(B) by striking ‘‘children who are limited English proficient’’ and inserting ‘‘English learners’’; and 

(3) in subsection (b)— 

(A) in paragraph (1)— 

(i) by striking ‘‘limited English proficient children’’ 

and inserting ‘‘English learners’’; and 

(ii) by striking ‘‘children who are limited English 

proficient’’ and inserting ‘‘English learners’’; 

(B) in paragraph (2), by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’; 

(C) in paragraph (4), by striking ‘‘section 3111(b)(2)(C)’’ 

and inserting ‘‘section 3111(b)(2)(D)’’; 

(D) in paragraph (5), by striking ‘‘limited English proficient children’’ and inserting ‘‘English learners’’; 

(E) in paragraph (6), by striking ‘‘major findings of 

scientifically based research carried out under this part’’ 

and inserting ‘‘findings of the most recent evaluation 

related to English learners carried out under section 8601’’; 

(F) in paragraph (8)— 

(i) by striking ‘‘of limited English proficient children’’ and inserting ‘‘of English learners’’; and 

(ii) by striking ‘‘into classrooms where instruction 

is not tailored for limited English proficient children’’; 

and 

(G) in paragraph (9), by striking ‘‘title’’ and inserting 

‘‘part’’. 

(j) COORDINATION WITH RELATED PROGRAMS.—Section 3123 (20 

U.S.C. 6844), as redesignated by section 3001(2)(B), is amended— 

(1) by striking ‘‘children of limited English proficiency’’ 

and inserting ‘‘English learners’’; 
S. 1177—163 

(2) by striking ‘‘limited English proficient children’’ and 

inserting ‘‘English learners’’; and 

(3) by inserting after the period at the end the following: 

‘‘The Secretary shall report to the Congress on parallel Federal 

programs in other agencies and departments.’’. 

(k) RULES OF CONSTRUCTION.—Section 3124 (20 U.S.C. 6845), 

as redesignated by section 3001(2)(B), is amended— 

(1) in paragraph (1), by striking ‘‘limited English proficient 

children’’ and inserting ‘‘English learners’’; and 

(2) in paragraph (2), by striking ‘‘limited English proficient 

children’’ and inserting ‘‘English learners’’. 

(l) PROHIBITION.—Section 3128 (20 U.S.C. 6849), as redesignated by section 3001(2)(B), is amended by striking ‘‘limited English 

proficient children’’ and inserting ‘‘English learners’’. 

(m) NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.—Section 

3131 (20 U.S.C. 6861) is amended to read as follows: 

‘‘SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT. 

‘‘The Secretary shall use funds made available under section 

3111(c)(1)(C) to award grants on a competitive basis, for a period 

of not more than 5 years, to institutions of higher education or 

public or private entities with relevant experience and capacity 

(in consortia with State educational agencies or local educational 

agencies) to provide for professional development activities that 

will improve classroom instruction for English learners and assist 

educational personnel working with English learners to meet high 

professional standards, including standards for certification and 

licensure as teachers who work in language instruction educational 

programs or serve English learners. Grants awarded under this 

section may be used— 

‘‘(1) for effective preservice or inservice professional 

development programs that will improve the qualifications and 

skills of educational personnel involved in the education of 

English learners, including personnel who are not certified 

or licensed and educational paraprofessionals, and for other 

activities to increase teacher and school leader effectiveness 

in meeting the needs of English learners; 

‘‘(2) for the development of curricula or other instructional 

strategies appropriate to the needs of the consortia participants 

involved; 

‘‘(3) to support strategies that strengthen and increase 

parent, family, and community member engagement in the 

education of English learners; 

‘‘(4) to develop, share, and disseminate effective practices 

in the instruction of English learners and in increasing the 

student academic achievement of English learners, such as 

through the use of technology-based programs; 

‘‘(5) in conjunction with other Federal need-based student 

financial assistance programs, for financial assistance, and costs 

related to tuition, fees, and books for enrolling in courses 

required to complete the degree involved, to meet certification 

or licensing requirements for teachers who work in language 

instruction educational programs or serve English learners; 

and 

‘‘(6) as appropriate, to support strategies that promote 

school readiness of English learners and their transition from 
S. 1177—164 

early childhood education programs, such as Head Start or 

State-run preschool programs, to elementary school programs.’’. 

SEC. 3004. GENERAL PROVISIONS. 

(a) DEFINITIONS.—Section 3201 (20 U.S.C. 7011), as redesignated by section 3001(5)(A), is amended— 

(1) by striking paragraphs (3), (4), and (5); 

(2) by inserting after paragraph (2) the following: 

‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— 

‘‘(A) one or more local educational agencies; or 

‘‘(B) one or more local educational agencies, in consortia 

or collaboration with an institution of higher education, 

educational service agency, community-based organization, 

or State educational agency. 

‘‘(4) ENGLISH LEARNER WITH A DISABILITY.—The term 

‘English learner with a disability’ means an English learner 

who is also a child with a disability, as that term is defined 

in section 602 of the Individuals with Disabilities Education 

Act.’’; 

(3) by redesignating paragraphs (6) through (15) as paragraphs (5) through (14), respectively; 

(4) in paragraph (7)(A), as redesignated by paragraph (3)— 

(A) by striking ‘‘a limited English proficient child’’ and 

inserting ‘‘an English learner’’; and 

(B) by striking ‘‘challenging State academic content 

and student academic achievement standards, as required 

by section 1111(b)(1)’’ and inserting ‘‘challenging State academic standards’’; and 

(5) in paragraph (12), as redesignated by paragraph (3), 

by striking ‘‘, as defined in section 3141,’’. 

(b) NATIONAL CLEARINGHOUSE.—Section 3202 (20 U.S.C. 7013), 

as redesignated by section 3001(5)(C), is amended— 

(1) in the matter preceding paragraph (1)— 

(A) by striking ‘‘The Secretary shall’’ and inserting 

the following: 

‘‘(a) IN GENERAL.—The Secretary shall’’; and 

(B) by striking ‘‘limited English proficient children’’ 

and inserting ‘‘English learners’’; 

(2) in paragraph (4)— 

(A) in subparagraph (A), by striking ‘‘limited English 

proficient children’’ and inserting ‘‘English learners, 

including English learners with a disability, that includes 

information on best practices on instructing and serving 

English learners’’; and 

(B) in subparagraph (B), by striking ‘‘limited English 

proficient children’’ and inserting ‘‘English learners’’; and 

(3) by adding at the end the following: 

‘‘(b) CONSTRUCTION.—Nothing in this section shall authorize 

the Secretary to hire additional personnel to execute subsection 

(a).’’. 

(c) REGULATIONS.—Section 3203 (20 U.S.C. 7014), as redesignated by section 3001(5)(C), is amended— 

(1) by striking ‘‘limited English proficient individuals’’ and 

inserting ‘‘English learners’’; and 

(2) by striking ‘‘limited English proficient children’’ and 

inserting ‘‘English learners’’. 
S. 1177—165 

TITLE IV—21ST CENTURY SCHOOLS 

SEC. 4001. REDESIGNATIONS AND TRANSFERS. 

(a) TITLE IV TRANSFERS AND RELATED AMENDMENTS.— (1) Section 4303 (20 U.S.C. 7183) is amended— 

(A) in subsection (b)(1), by striking ‘‘early childhood 

development (Head Start) services’’ and inserting ‘‘early 

childhood education programs’’; 

(B) in subsection (c)(2)— 

(i) in the paragraph heading, by striking ‘‘DEVELOPMENT SERVICES’’ and inserting ‘‘EDUCATION PROGRAMS’’; 

and 

(ii) by striking ‘‘development (Head Start) services’’ 

and inserting ‘‘education programs’’; and 

(C) in subsection (e)(3), by striking subparagraph (C) 

and inserting the following: 

‘‘(C) such other matters as justice may require.’’. 

(2) Subpart 3 of part A of title IV (20 U.S.C. 7151) is— 

(A) transferred to title IX (as amended by section 2001 

of this Act); 

(B) inserted so as to appear after subpart 3 of part 

E of such title (as so transferred and redesignated); 

(C) redesignated as subpart 4 of such part; and 

(D) amended by redesignating section 4141 as section 

9551. 

(3) Section 4155 (20 U.S.C. 7165) is— 

(A) transferred to title IX (as amended by section 2001 

of this Act and paragraph (2) of this subsection); 

(B) inserted so as to appear after section 9536; and 

(C) redesignated as section 9537. 

(4) Part C of title IV (20 U.S.C. 7181 et seq.) (as amended 

by paragraph (1) of this subsection) is— 

(A) transferred to title IX (as amended by section 2001 

of this Act and paragraphs (2) and (3) of this subsection); 

(B) inserted so as to appear after subpart 4 of part 

E of such title IX (as so transferred and redesignated); 

and 

(C) amended— 

(i) by striking the part designation and heading 

and inserting ‘‘Subpart 5—Environmental Tobacco 

Smoke’’; and 

(ii) by redesignating sections 4301 through 4304 

as sections 9561 through 9564, respectively. 

(5) Title IV (as amended by section 2001 of this Act and 

paragraphs (1) through (4) of this subsection) is further 

amended— 

(A) in the part heading of part A, by striking ‘‘SAFE

AND DRUG-FREE SCHOOLS AND COMMUNITIES’’ and 

inserting ‘‘STUDENT SUPPORT AND ACADEMIC ENRICHMENT

GRANTS’’; 

(B) by striking subparts 2 and 4 of part A; 

(C) by redesignating subpart 5 of part A (as so transferred and redesignated by section 2001(4) of this Act) 

as subpart 2 of part A; and 

(D) by redesignating section 4161 (as so redesignated) 

as section 4121. 
S. 1177—166 

(b) TITLE V TRANSFERS AND RELATED AMENDMENTS.— (1) IN GENERAL.—Title V (20 U.S.C. 7201 et seq.) is 

amended— 

(A) by striking part A; 

(B) by striking subparts 2 and 3 of part B; and 

(C) by striking part D. 

(2) CHARTER SCHOOLS.—Part B of title V (20 U.S.C. 7221 

et seq.) (as amended by paragraph (1) of this subsection) is— 

(A) transferred to title IV (as amended by section 2001 

of this Act and subsection (a) of this section); 

(B) inserted so as to appear after part B of such title; 

(C) redesignated as part C of such title; and 

(D) further amended— 

(i) in the part heading, by striking ‘‘PUBLIC

CHARTER SCHOOLS’’ and inserting ‘‘EXPANDING OPPOR- TUNITY THROUGH QUALITY CHARTER SCHOOLS’’; 

(ii) by striking the subpart heading for subpart 

1; and 

(iii) by redesignating sections 5201 through 5211 

as sections 4301 through 4311, respectively. 

(3) MAGNET SCHOOLS.—Part C of title V (20 U.S.C. 7231 

et seq.) is— 

(A) transferred to title IV (as amended by section 2001 

of this Act, subsection (a) of this section, and paragraph 

(2) of this subsection) 

(B) inserted so as to appear after part C of such title 

(as so transferred and redesignated); 

(C) redesignated as part D of such title; and 

(D) amended— 

(i) by redesignating sections 5301 through 5307 

as sections 4401 through 4407, respectively; 

(ii) by striking sections 5308 and 5310; and 

(iii) by redesignating sections 5309 and 5311 as 

sections 4408 and 4409, respectively. 

(4) TITLE V.—Title V, as amended by this section, is 

repealed. 

SEC. 4002. GENERAL PROVISIONS. 

Title IV (20 U.S.C. 7101 et seq.), as redesignated and amended 

by section 4001, is further amended by striking sections 4001 

through 4003 and inserting the following: 

‘‘SEC. 4001. GENERAL PROVISIONS. 

‘‘(a) PARENTAL CONSENT.— ‘‘(1) IN GENERAL.— ‘‘(A) INFORMED WRITTEN CONSENT.—A State, local educational agency, or other entity receiving funds under this 

title shall obtain prior written, informed consent from the 

parent of each child who is under 18 years of age to 

participate in any mental-health assessment or service that 

is funded under this title and conducted in connection 

with an elementary school or secondary school under this 

title. 

‘‘(B) CONTENTS.—Before obtaining the consent 

described in subparagraph (A), the entity shall provide 

the parent written notice describing in detail such mental 

health assessment or service, including the purpose for 

such assessment or service, the provider of such assessment 
S. 1177—167 

or service, when such assessment or service will begin, 

and how long such assessment or service may last. 

‘‘(C) LIMITATION.—The informed written consent 

required under this paragraph shall not be a waiver of 

any rights or protections under section 444 of the General 

Education Provisions Act (20 U.S.C. 1232g). 

‘‘(2) EXCEPTION.—Notwithstanding paragraph (1)(A), the 

written, informed consent described in such paragraph shall 

not be required in— 

‘‘(A) an emergency, where it is necessary to protect 

the immediate health and safety of the child, other children, 

or entity personnel; or 

‘‘(B) other instances in which an entity actively seeks 

parental consent but such consent cannot be reasonably 

obtained, as determined by the State or local educational 

agency, including in the case of— 

‘‘(i) a child whose parent has not responded to 

the notice described in paragraph (1)(B); or 

‘‘(ii) a child who has attained 14 years of age 

and is an unaccompanied youth, as defined in section 

725 of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11434a). 

‘‘(b) PROHIBITED USE OF FUNDS.—No funds under this title 

may be used for medical services or drug treatment or rehabilitation, except for integrated student supports, specialized instructional support services, or referral to treatment for impacted students, which may include students who are victims of, or witnesses 

to, crime or who illegally use drugs. 

‘‘(c) PROHIBITION ON MANDATORY MEDICATION.—No child shall 

be required to obtain a prescription for a controlled substance, 

as defined in section 102 of the Controlled Substances Act (21 

U.S.C. 802) as a condition of— 

‘‘(1) receiving an evaluation or other service described under 

this title; or 

‘‘(2) attending a school receiving assistance under this 

title.’’. 

PART A—STUDENT SUPPORT AND ACADEMIC 

ENRICHMENT GRANTS 

SEC. 4101. STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS. 

Subpart 1 of part A of title IV (20 U.S.C. 7101 et seq.) is 

amended to read as follows: 

‘‘Subpart 1—Student Support and Academic 

Enrichment Grants 

‘‘SEC. 4101. PURPOSE. 

‘‘The purpose of this subpart is to improve students’ academic 

achievement by increasing the capacity of States, local educational 

agencies, schools, and local communities to— 

‘‘(1) provide all students with access to a well-rounded 

education; 

‘‘(2) improve school conditions for student learning; and 

‘‘(3) improve the use of technology in order to improve 

the academic achievement and digital literacy of all students. 
S. 1177—168 

‘‘SEC. 4102. DEFINITIONS. 

‘‘In this subpart: 

‘‘(1) BLENDED LEARNING.—The term ‘blended learning’ 

means a formal education program that leverages both technology-based and face-to-face instructional approaches— 

‘‘(A) that include an element of online or digital 

learning, combined with supervised learning time, and student-led learning, in which the elements are connected 

to provide an integrated learning experience; and 

‘‘(B) in which students are provided some control over 

time, path, or pace. 

‘‘(2) CONTROLLED SUBSTANCE.—The term ‘controlled substance’ means a drug or other substance identified under 

Schedule I, II, III, IV, or V in section 202(c) of the Controlled 

Substances Act (21 U.S.C. 812(c)). 

‘‘(3) DIGITAL LEARNING.—The term ‘digital learning’ means 

any instructional practice that effectively uses technology to 

strengthen a student’s learning experience and encompasses 

a wide spectrum of tools and practices, including— 

‘‘(A) interactive learning resources, digital learning content (which may include openly licensed content), software, 

or simulations, that engage students in academic content; 

‘‘(B) access to online databases and other primary 

source documents; 

‘‘(C) the use of data and information to personalize 

learning and provide targeted supplementary instruction; 

‘‘(D) online and computer-based assessments; 

‘‘(E) learning environments that allow for rich 

collaboration and communication, which may include student collaboration with content experts and peers; 

‘‘(F) hybrid or blended learning, which occurs under 

direct instructor supervision at a school or other location 

away from home and, at least in part, through online 

delivery of instruction with some element of student control 

over time, place, path, or pace; and 

‘‘(G) access to online course opportunities for students 

in rural or remote areas. 

‘‘(4) DRUG.—The term ‘drug’ includes— 

‘‘(A) controlled substances; 

‘‘(B) the illegal use of alcohol or tobacco, including 

smokeless tobacco products and electronic cigarettes; and 

‘‘(C) the harmful, abusive, or addictive use of substances, including inhalants and anabolic steroids. 

‘‘(5) DRUG AND VIOLENCE PREVENTION.—The term ‘drug and 

violence prevention’ means— 

‘‘(A) with respect to drugs, prevention, early intervention, rehabilitation referral, recovery support services, or 

education related to the illegal use of drugs, such as raising 

awareness about the consequences of drug use that are 

evidence-based (to the extent a State, in consultation with 

local educational agencies in the State, determines that 

such evidence is reasonably available); and 

‘‘(B) with respect to violence, the promotion of school 

safety, such that students and school personnel are free 

from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and 
S. 1177—169 

from school, and at school-sponsored activities, through 

the creation and maintenance of a school environment that 

is free of weapons and fosters individual responsibility 

and respect for the rights of others. 

‘‘(6) SCHOOL-BASED MENTAL HEALTH SERVICES PROVIDER.— 

The term ‘school-based mental health services provider’ includes 

a State-licensed or State-certified school counselor, school 

psychologist, school social worker, or other State licensed or 

certified mental health professional qualified under State law 

to provide mental health services to children and adolescents. 

‘‘(7) STATE.—The term ‘State’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

‘‘(8) STEM-FOCUSED SPECIALTY SCHOOL.—The term ‘STEMfocused specialty school’ means a school, or dedicated program 

within a school, that engages students in rigorous, relevant, 

and integrated learning experiences focused on science, technology, engineering, and mathematics, including computer 

science, which include authentic schoolwide research. 

‘‘SEC. 4103. FORMULA GRANTS TO STATES. 

‘‘(a) RESERVATIONS.—From the total amount appropriated under 

section 4112 for a fiscal year, the Secretary shall reserve— 

‘‘(1) one-half of 1 percent for allotments for payments to 

the outlying areas, to be distributed among those outlying 

areas on the basis of their relative need, as determined by 

the Secretary, in accordance with the purpose of this subpart; 

‘‘(2) one-half of 1 percent for the Secretary of the Interior 

for programs under this subpart in schools operated or funded 

by the Bureau of Indian Education; and 

‘‘(3) 2 percent for technical assistance and capacity building. 

‘‘(b) STATE ALLOTMENTS.— 

‘‘(1) ALLOTMENT.— 

‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 

(C), from the amount appropriated to carry out this subpart 

that remains after the Secretary makes the reservations 

under subsection (a), the Secretary shall allot to each State 

having a plan approved under subsection (c), an amount 

that bears the same relationship to the remainder as the 

amount the State received under subpart 2 of part A of 

title I for the preceding fiscal year bears to the amount 

all States received under that subpart for the preceding 

fiscal year. 

‘‘(B) SMALL STATE MINIMUM.—No State receiving an 

allotment under this paragraph shall receive less than 

one-half of 1 percent of the total amount allotted under 

this paragraph. 

‘‘(C) PUERTO RICO.—The amount allotted under this 

paragraph to the Commonwealth of Puerto Rico for a fiscal 

year may not exceed one-half of 1 percent of the total 

amount allotted under this paragraph. 

‘‘(2) REALLOTMENT.—If a State does not receive an allotment under this subpart for a fiscal year, the Secretary shall 

reallot the amount of the State’s allotment to the remaining 

States in accordance with this subsection. 

‘‘(c) STATE PLAN.— 
S. 1177—170 

‘‘(1) IN GENERAL.—In order to receive an allotment under 

this section for any fiscal year, a State shall submit a plan 

to the Secretary, at such time and in such manner as the 

Secretary may reasonably require. 

‘‘(2) CONTENTS.—Each plan submitted by a State under 

this section shall include the following: 

‘‘(A) A description of how the State educational agency 

will use funds received under this subpart for State-level 

activities. 

‘‘(B) A description of how the State educational agency 

will ensure that awards made to local educational agencies 

under this subpart are in amounts that are consistent 

with section 4105(a)(2). 

‘‘(C) Assurances that the State educational agency 

will— 

‘‘(i) review existing resources and programs across 

the State and will coordinate any new plans and 

resources under this subpart with such existing 

resources and programs; 

‘‘(ii) monitor the implementation of activities under 

this subpart and provide technical assistance to local 

educational agencies in carrying out such activities; 

and 

‘‘(iii) provide for equitable access for all students 

to the activities supported under this subpart, 

including aligning those activities with the requirements of other Federal laws. 

‘‘SEC. 4104. STATE USE OF FUNDS. 

‘‘(a) IN GENERAL.—Each State that receives an allotment under 

section 4103 for a fiscal year shall— 

‘‘(1) reserve not less than 95 percent of the allotment to 

make allocations to local educational agencies under section 

4105; 

‘‘(2) reserve not more than 1 percent of the allotment for 

the administrative costs of carrying out its responsibilities 

under this subpart, including public reporting on how funds 

made available under this subpart are being expended by local 

educational agencies, including the degree to which the local 

educational agencies have made progress toward meeting the 

objectives and outcomes described in section 4106(e)(1)(E); and 

‘‘(3) use the amount made available to the State and not 

reserved under paragraphs (1) and (2) for activities described 

in subsection (b). 

‘‘(b) STATE ACTIVITIES.—Each State that receives an allotment 

under section 4103 shall use the funds available under subsection 

(a)(3) for activities and programs designed to meet the purposes 

of this subpart, which may include— 

‘‘(1) providing monitoring of, and training, technical assistance, and capacity building to, local educational agencies that 

receive an allotment under section 4105; 

‘‘(2) identifying and eliminating State barriers to the 

coordination and integration of programs, initiatives, and 

funding streams that meet the purposes of this subpart, so 

that local educational agencies can better coordinate with other 

agencies, schools, and community-based services and programs; 

or 
S. 1177—171 

‘‘(3) supporting local educational agencies in providing programs and activities that— 

‘‘(A) offer well-rounded educational experiences to all 

students, as described in section 4107, including female 

students, minority students, English learners, children with 

disabilities, and low-income students who are often underrepresented in critical and enriching subjects, which may 

include— 

‘‘(i) increasing student access to and improving 

student engagement and achievement in— 

‘‘(I) high-quality courses in science, technology, 

engineering, and mathematics, including computer 

science; 

‘‘(II) activities and programs in music and the 

arts; 

‘‘(III) foreign languages; 

‘‘(IV) accelerated learning programs that provide— 

‘‘(aa) postsecondary level courses accepted 

for credit at institutions of higher education, 

including dual or concurrent enrollment programs, and early college high schools; or 

‘‘(bb) postsecondary level instruction and 

examinations that are accepted for credit at 

institutions of higher education, including 

Advanced Placement and International Baccalaureate programs; 

‘‘(V) American history, civics, economics, geography, social studies, or government education; 

‘‘(VI) environmental education; or 

‘‘(VII) other courses, activities, and programs 

or other experiences that contribute to a wellrounded education; or 

‘‘(ii) reimbursing low-income students to cover part 

or all of the costs of accelerated learning examination 

fees, as described in clause (i)(IV); 

‘‘(B) foster safe, healthy, supportive, and drug-free 

environments that support student academic achievement, 

as described in section 4108, which may include— 

‘‘(i) coordinating with any local educational agencies or consortia of such agencies implementing a youth 

PROMISE plan to reduce exclusionary discipline, as 

described in section 4108(5)(F); 

‘‘(ii) supporting local educational agencies to— 

‘‘(I) implement mental health awareness 

training programs that are evidence-based (to the 

extent the State determines that such evidence 

is reasonably available) to provide education to 

school personnel regarding resources available in 

the community for students with mental illnesses 

and other relevant resources relating to mental 

health or the safe de-escalation of crisis situations 

involving a student with a mental illness; or 

‘‘(II) expand access to or coordinate resources 

for school-based counseling and mental health programs, such as through school-based mental health 

services partnership programs; 
S. 1177—172 

‘‘(iii) providing local educational agencies with 

resources that are evidence-based (to the extent the 

State determines that such evidence is reasonably 

available) addressing ways to integrate health and 

safety practices into school or athletic programs; and 

‘‘(iv) disseminating best practices and evaluating 

program outcomes relating to any local educational 

agency activities to promote student safety and violence 

prevention through effective communication as 

described in section 4108(5)(C)(iv); and 

‘‘(C) increase access to personalized, rigorous learning 

experiences supported by technology by— 

‘‘(i) providing technical assistance to local educational agencies to improve the ability of local educational agencies to— 

‘‘(I) identify and address technology readiness 

needs, including the types of technology infrastructure and access available to the students served 

by the local educational agency, including computer devices, access to school libraries, Internet 

connectivity, operating systems, software, related 

network infrastructure, and data security; 

‘‘(II) use technology, consistent with the principles of universal design for learning, to support 

the learning needs of all students, including children with disabilities and English learners; and 

‘‘(III) build capacity for principals, other school 

leaders, and local educational agency administrators to support teachers in using data and technology to improve instruction and personalize 

learning; 

‘‘(ii) supporting schools in rural and remote areas 

to expand access to high-quality digital learning 

opportunities; 

‘‘(iii) developing or using strategies that are 

innovative or evidence-based (to the extent the State 

determines that such evidence is reasonably available) 

for the delivery of specialized or rigorous academic 

courses and curricula through the use of technology, 

including digital learning technologies and assistive 

technology, which may include increased access to 

online dual or concurrent enrollment opportunities, 

career and technical courses, and programs leading 

to a recognized postsecondary credential (as defined 

in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)); 

‘‘(iv) disseminating promising practices related to 

technology instruction, data security, and the acquisition and implementation of technology tools and 

applications, including through making such promising 

practices publicly available on the website of the State 

educational agency; 

‘‘(v) providing teachers, paraprofessionals, school 

librarians and media personnel, specialized instructional support personnel, and administrators with the 

knowledge and skills to use technology effectively, 

including effective integration of technology, to improve 
S. 1177—173 

instruction and student achievement, which may 

include coordination with teacher, principal, and other 

school leader preparation programs; and 

‘‘(vi) making instructional content widely available 

through open educational resources, which may include 

providing tools and processes to support local educational agencies in making such resources widely 

available. 

‘‘(c) SPECIAL RULE.—A State that receives a grant under this 

subpart for fiscal year 2017 may use the amount made available 

to the State and not reserved under paragraphs (1) and (2) of 

subsection (a) for such fiscal year to cover part or all of the fees 

for accelerated learning examinations taken by low-income students 

during the 2016-2017 school year, in accordance with subsection 

(b)(3)(A)(ii). 

‘‘SEC. 4105. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES. 

‘‘(a) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.— ‘‘(1) IN GENERAL.—From the funds reserved by a State 

under section 4104(a)(1), the State shall allocate to each local 

educational agency in the State that has an application 

approved by the State educational agency under section 4106 

an amount that bears the same relationship to the total amount 

of such reservation as the amount the local educational agency 

received under subpart 2 of part A of title I for the preceding 

fiscal year bears to the total amount received by all local 

educational agencies in the State under such subpart for the 

preceding fiscal year. 

‘‘(2) MINIMUM LOCAL EDUCATIONAL AGENCY ALLOCATION.— No allocation to a local educational agency under this subsection 

may be made in an amount that is less than $10,000, subject 

to subsection (b). 

‘‘(3) CONSORTIA.—Local educational agencies in a State may 

form a consortium with other surrounding local educational 

agencies and combine the funds each such agency in the consortium receives under this section to jointly carry out the local 

activities described in this subpart. 

‘‘(b) RATABLE REDUCTION.—If the amount reserved by the State 

under section 4104(a)(1) is insufficient to make allocations to local 

educational agencies in an amount equal to the minimum allocation 

described in subsection (a)(2), such allocations shall be ratably 

reduced. 

‘‘(c) ADMINISTRATIVE COSTS.—Of the amount received under 

subsection (a)(2), a local educational agency may reserve not more 

than 2 percent for the direct administrative costs of carrying out 

the local educational agency’s responsibilities under this subpart. 

‘‘SEC. 4106. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

‘‘(a) ELIGIBILITY.—To be eligible to receive an allocation under 

section 4105(a), a local educational agency shall— 

‘‘(1) submit an application, which shall contain, at a minimum, the information described in subsection (e), to the State 

educational agency at such time, in such manner, and containing such information as the State educational agency may 

reasonably require; and 

‘‘(2) complete a needs assessment in accordance with subsection (d). 
S. 1177—174 

‘‘(b) CONSORTIUM.—If a local educational agency desires to carry 

out the activities described in this subpart in consortium with 

one or more surrounding local educational agencies as described 

in section 4105(a)(3), such local educational agencies shall submit 

a single application as required under subsection (a). 

‘‘(c) CONSULTATION.— 

‘‘(1) IN GENERAL.—A local educational agency, or consortium 

of such agencies, shall develop its application through consultation with parents, teachers, principals, other school leaders, 

specialized instructional support personnel, students, community-based organizations, local government representatives 

(which may include a local law enforcement agency, local juvenile court, local child welfare agency, or local public housing 

agency), Indian tribes or tribal organizations that may be 

located in the region served by the local educational agency 

(where applicable), charter school teachers, principals, and 

other school leaders (if such agency or consortium of such 

agencies supports charter schools), and others with relevant 

and demonstrated expertise in programs and activities designed 

to meet the purpose of this subpart. 

‘‘(2) CONTINUED CONSULTATION.—The local educational 

agency, or consortium of such agencies, shall engage in continued consultation with the entities described in paragraph (1) 

in order to improve the local activities in order to meet the 

purpose of this subpart and to coordinate such implementation 

with other related strategies, programs, and activities being 

conducted in the community. 

‘‘(d) NEEDS ASSESSMENT.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2) 

and prior to receiving an allocation under this subpart, a local 

educational agency or consortium of such agencies shall conduct 

a comprehensive needs assessment of the local educational 

agency or agencies proposed to be served under this subpart 

in order to examine needs for improvement of— 

‘‘(A) access to, and opportunities for, a well-rounded 

education for all students; 

‘‘(B) school conditions for student learning in order 

to create a healthy and safe school environment; and 

‘‘(C) access to personalized learning experiences supported by technology and professional development for the 

effective use of data and technology. 

‘‘(2) EXCEPTION.—A local educational agency receiving an 

allocation under section 4105(a) in an amount that is less 

than $30,000 shall not be required to conduct a comprehensive 

needs assessment under paragraph (1). 

‘‘(3) FREQUENCY OF NEEDS ASSESSMENT.—Each local educational agency, or consortium of local educational agencies, 

shall conduct the needs assessment described in paragraph 

(1) once every 3 years. 

‘‘(e) CONTENTS OF LOCAL APPLICATION.—Each application submitted under this section by a local educational agency, or a consortium of such agencies, shall include the following: 

‘‘(1) DESCRIPTIONS.—A description of the activities and 

programming that the local educational agency, or consortium 

of such agencies, will carry out under this subpart, including 

a description of— 
S. 1177—175 

‘‘(A) any partnership with an institution of higher education, business, nonprofit organization, community-based 

organization, or other public or private entity with a demonstrated record of success in implementing activities 

under this subpart; 

‘‘(B) if applicable, how funds will be used for activities 

related to supporting well-rounded education under section 

4107; 

‘‘(C) if applicable, how funds will be used for activities 

related to supporting safe and healthy students under section 4108; 

‘‘(D) if applicable, how funds will be used for activities 

related to supporting the effective use of technology in 

schools under section 4109; and 

‘‘(E) the program objectives and intended outcomes 

for activities under this subpart, and how the local educational agency, or consortium of such agencies, will 

periodically evaluate the effectiveness of the activities carried out under this section based on such objectives and 

outcomes. 

‘‘(2) ASSURANCES.—Each application shall include assurances that the local educational agency, or consortium of such 

agencies, will— 

‘‘(A) prioritize the distribution of funds to schools 

served by the local educational agency, or consortium of 

such agencies, that— 

‘‘(i) are among the schools with the greatest needs, 

as determined by such local educational agency, or 

consortium; 

‘‘(ii) have the highest percentages or numbers of 

children counted under section 1124(c); 

‘‘(iii) are identified for comprehensive support and 

improvement under section 1111(c)(4)(D)(i); 

‘‘(iv) are implementing targeted support and 

improvement plans as described in section 1111(d)(2); 

or 

‘‘(v) are identified as a persistently dangerous 

public elementary school or secondary school under 

section 8532; 

‘‘(B) comply with section 8501 (regarding equitable 

participation by private school children and teachers); 

‘‘(C) use not less than 20 percent of funds received 

under this subpart to support one or more of the activities 

authorized under section 4107; 

‘‘(D) use not less than 20 percent of funds received 

under this subpart to support one or more activities authorized under section 4108; 

‘‘(E) use a portion of funds received under this subpart 

to support one or more activities authorized under section 

4109(a), including an assurance that the local educational 

agency, or consortium of local educational agencies, will 

comply with section 4109(b); and 

‘‘(F) annually report to the State for inclusion in the 

report described in section 4104(a)(2) how funds are being 

used under this subpart to meet the requirements of subparagraphs (C) through (E). 
S. 1177—176 

‘‘(f) SPECIAL RULE.—Any local educational agency receiving an allocation under section 4105(a)(1) in an amount less than $30,000 

shall be required to provide only one of the assurances described 

in subparagraphs (C), (D), and (E) of subsection (e)(2). 

‘‘SEC. 4107. ACTIVITIES TO SUPPORT WELL-ROUNDED EDUCATIONAL 

OPPORTUNITIES. 

‘‘(a) IN GENERAL.—Subject to section 4106(f), each local educational agency, or consortium of such agencies, that receives an 

allocation under section 4105(a) shall use a portion of such funds 

to develop and implement programs and activities that support 

access to a well-rounded education and that— 

‘‘(1) are coordinated with other schools and communitybased services and programs; 

‘‘(2) may be conducted in partnership with an institution 

of higher education, business, nonprofit organization, community-based organization, or other public or private entity with 

a demonstrated record of success in implementing activities 

under this section; and 

‘‘(3) may include programs and activities, such as— 

‘‘(A) college and career guidance and counseling programs, such as— 

‘‘(i) postsecondary education and career awareness 

and exploration activities; 

‘‘(ii) training counselors to effectively use labor 

market information in assisting students with postsecondary education and career planning; and 

‘‘(iii) financial literacy and Federal financial aid 

awareness activities; 

‘‘(B) programs and activities that use music and the 

arts as tools to support student success through the promotion of constructive student engagement, problem 

solving, and conflict resolution; 

‘‘(C) programming and activities to improve instruction 

and student engagement in science, technology, 

engineering, and mathematics, including computer science, 

(referred to in this section as ‘STEM subjects’) such as— 

‘‘(i) increasing access for students through grade 

12 who are members of groups underrepresented in 

such subject fields, such as female students, minority 

students, English learners, children with disabilities, 

and economically disadvantaged students, to highquality courses; 

‘‘(ii) supporting the participation of low-income students in nonprofit competitions related to STEM subjects (such as robotics, science research, invention, 

mathematics, computer science, and technology competitions); 

‘‘(iii) providing hands-on learning and exposure to 

science, technology, engineering, and mathematics and 

supporting the use of field-based or service learning 

to enhance the students’ understanding of the STEM 

subjects; 

‘‘(iv) supporting the creation and enhancement of 

STEM-focused specialty schools; 

‘‘(v) facilitating collaboration among school, afterschool program, and informal program personnel to 
S. 1177—177 

improve the integration of programming and instruction in the identified subjects; and 

‘‘(vi) integrating other academic subjects, including 

the arts, into STEM subject programs to increase 

participation in STEM subjects, improve attainment 

of skills related to STEM subjects, and promote wellrounded education; 

‘‘(D) efforts to raise student academic achievement 

through accelerated learning programs described in section 

4104(b)(3)(A)(i)(IV), such as— 

‘‘(i) reimbursing low-income students to cover part 

or all of the costs of accelerated learning examination 

fees, if the low-income students are enrolled in accelerated learning courses and plan to take accelerated 

learning examinations; or 

‘‘(ii) increasing the availability of, and enrollment 

in, accelerated learning courses, accelerated learning 

examinations, dual or concurrent enrollment programs, 

and early college high school courses; 

‘‘(E) activities to promote the development, 

implementation, and strengthening of programs to teach 

traditional American history, civics, economics, geography, 

or government education; 

‘‘(F) foreign language instruction; 

‘‘(G) environmental education; 

‘‘(H) programs and activities that promote volunteerism 

and community involvement; 

‘‘(I) programs and activities that support educational 

programs that integrate multiple disciplines, such as programs that combine arts and mathematics; or 

‘‘(J) other activities and programs to support student 

access to, and success in, a variety of well-rounded education experiences. 

‘‘(b) SPECIAL RULE.—A local educational agency, or consortium 

of such agencies, that receives a subgrant under this subpart for 

fiscal year 2017 may use such funds to cover part or all of the 

fees for accelerated learning examinations taken by low-income 

students during the 2016-2017 school year, in accordance with 

subsection (a)(3)(D). 

‘‘SEC. 4108. ACTIVITIES TO SUPPORT SAFE AND HEALTHY STUDENTS. 

‘‘Subject to section 4106(f), each local educational agency, or 

consortium of such agencies, that receives an allocation under section 4105(a) shall use a portion of such funds to develop, implement, 

and evaluate comprehensive programs and activities that— 

‘‘(1) are coordinated with other schools and communitybased services and programs; 

‘‘(2) foster safe, healthy, supportive, and drug-free environments that support student academic achievement; 

‘‘(3) promote the involvement of parents in the activity 

or program; 

‘‘(4) may be conducted in partnership with an institution 

of higher education, business, nonprofit organization, community-based organization, or other public or private entity with 

a demonstrated record of success in implementing activities 

described in this section; and 

‘‘(5) may include, among other programs and activities— 
S. 1177—178 

‘‘(A) drug and violence prevention activities and programs that are evidence-based (to the extent the State, 

in consultation with local educational agencies in the State, 

determines that such evidence is reasonably available) 

including— 

‘‘(i) programs to educate students against the use 

of alcohol, tobacco, marijuana, smokeless tobacco products, and electronic cigarettes; and 

‘‘(ii) professional development and training for 

school and specialized instructional support personnel 

and interested community members in prevention, education, early identification, intervention mentoring, 

recovery support services and, where appropriate, 

rehabilitation referral, as related to drug and violence 

prevention; 

‘‘(B) in accordance with sections 4001 and 4111— 

‘‘(i) school-based mental health services, including 

early identification of mental health symptoms, drug 

use, and violence, and appropriate referrals to direct 

individual or group counseling services, which may 

be provided by school-based mental health services 

providers; and 

‘‘(ii) school-based mental health services partnership programs that— 

‘‘(I) are conducted in partnership with a public 

or private mental health entity or health care 

entity; and 

‘‘(II) provide comprehensive school-based 

mental health services and supports and staff 

development for school and community personnel 

working in the school that are— 

‘‘(aa) based on trauma-informed practices 

that are evidence-based (to the extent the 

State, in consultation with local educational 

agencies in the State, determines that such 

evidence is reasonably available); 

‘‘(bb) coordinated (where appropriate) with 

early intervening services provided under the 

Individuals with Disabilities Education Act (20 

U.S.C. 1400 et seq.); and 

‘‘(cc) provided by qualified mental and 

behavioral health professionals who are certified or licensed by the State involved and 

practicing within their area of expertise; 

‘‘(C) programs or activities that— 

‘‘(i) integrate health and safety practices into 

school or athletic programs; 

‘‘(ii) support a healthy, active lifestyle, including 

nutritional education and regular, structured physical 

education activities and programs, that may address 

chronic disease management with instruction led by 

school nurses, nurse practitioners, or other appropriate 

specialists or professionals to help maintain the wellbeing of students; 

‘‘(iii) help prevent bullying and harassment; 
S. 1177—179 

‘‘(iv) improve instructional practices for developing 

relationship-building skills, such as effective communication, and improve safety through the recognition 

and prevention of coercion, violence, or abuse, including 

teen and dating violence, stalking, domestic abuse, and 

sexual violence and harassment; 

‘‘(v) provide mentoring and school counseling to 

all students, including children who are at risk of 

academic failure, dropping out of school, involvement 

in criminal or delinquent activities, or drug use and 

abuse; 

‘‘(vi) establish or improve school dropout and reentry programs; or 

‘‘(vii) establish learning environments and enhance 

students’ effective learning skills that are essential 

for school readiness and academic success, such as 

by providing integrated systems of student and family 

supports; 

‘‘(D) high-quality training for school personnel, 

including specialized instructional support personnel, 

related to— 

‘‘(i) suicide prevention; 

‘‘(ii) effective and trauma-informed practices in 

classroom management; 

‘‘(iii) crisis management and conflict resolution 

techniques; 

‘‘(iv) human trafficking (defined, for purposes of 

this subparagraph, as an act or practice described in 

paragraph (9) or (10) of section 103 of the Trafficking 

Victims Protection Act of 2000 (22 U.S.C. 7102)); 

‘‘(v) school-based violence prevention strategies; 

‘‘(vi) drug abuse prevention, including educating 

children facing substance abuse at home; and 

‘‘(vii) bullying and harassment prevention; 

‘‘(E) in accordance with sections 4001 and 4111, child 

sexual abuse awareness and prevention programs or activities, such as programs or activities designed to provide— 

‘‘(i) age-appropriate and developmentally-appropriate instruction for students in child sexual abuse 

awareness and prevention, including how to recognize 

child sexual abuse and how to safely report child sexual 

abuse; and 

‘‘(ii) information to parents and guardians of students about child sexual abuse awareness and prevention, including how to recognize child sexual abuse 

and how to discuss child sexual abuse with a child; 

‘‘(F) designing and implementing a locally-tailored plan 

to reduce exclusionary discipline practices in elementary 

and secondary schools that— 

‘‘(i) is consistent with best practices; 

‘‘(ii) includes strategies that are evidence-based (to 

the extent the State, in consultation with local educational agencies in the State, determines that such 

evidence is reasonably available); and 
S. 1177—180 

‘‘(iii) is aligned with the long-term goal of prison 

reduction through opportunities, mentoring, intervention, support, and other education services, referred 

to as a ‘youth PROMISE plan’; or 

‘‘(G) implementation of schoolwide positive behavioral 

interventions and supports, including through coordination 

with similar activities carried out under the Individuals 

with Disabilities Education Act (20 U.S.C. 1400 et seq.), 

in order to improve academic outcomes and school conditions for student learning; 

‘‘(H) designating a site resource coordinator at a school 

or local educational agency to provide a variety of services, 

such as— 

‘‘(i) establishing partnerships within the community to provide resources and support for schools; 

‘‘(ii) ensuring that all service and community partners are aligned with the academic expectations of 

a community school in order to improve student success; and 

‘‘(iii) strengthening relationships between schools 

and communities; or 

‘‘(I) pay for success initiatives aligned with the purposes of this section. 

‘‘SEC. 4109. ACTIVITIES TO SUPPORT THE EFFECTIVE USE OF TECHNOLOGY. 

‘‘(a) USES OF FUNDS.—Subject to section 4106(f), each local 

educational agency, or consortium of such agencies, that receives 

an allocation under section 4015(a) shall use a portion of such 

funds to improve the use of technology to improve the academic 

achievement, academic growth, and digital literacy of all students, 

including by meeting the needs of such agency or consortium that 

are identified in the needs assessment conducted under section 

4106(d) (if applicable), which may include— 

‘‘(1) providing educators, school leaders, and administrators 

with the professional learning tools, devices, content, and 

resources to— 

‘‘(A) personalize learning to improve student academic 

achievement; 

‘‘(B) discover, adapt, and share relevant high-quality 

educational resources; 

‘‘(C) use technology effectively in the classroom, 

including by administering computer-based assessments 

and blended learning strategies; and 

‘‘(D) implement and support school- and district-wide 

approaches for using technology to inform instruction, support teacher collaboration, and personalize learning; 

‘‘(2) building technological capacity and infrastructure, 

which may include— 

‘‘(A) procuring content and ensuring content quality; 

and 

‘‘(B) purchasing devices, equipment, and software 

applications in order to address readiness shortfalls; 

‘‘(3) developing or using effective or innovative strategies 

for the delivery of specialized or rigorous academic courses 

and curricula through the use of technology, including digital 

learning technologies and assistive technology; 
S. 1177—181 

‘‘(4) carrying out blended learning projects, which shall 

include— 

‘‘(A) planning activities, which may include development of new instructional models (including blended 

learning technology software and platforms), the purchase 

of digital instructional resources, initial professional 

development activities, and one-time information technology purchases, except that such expenditures may not 

include expenditures related to significant construction or 

renovation of facilities; or 

‘‘(B) ongoing professional development for teachers, 

principals, other school leaders, or other personnel involved 

in the project that is designed to support the implementation and academic success of the project; 

‘‘(5) providing professional development in the use of technology (which may be provided through partnerships with outside organizations) to enable teachers and instructional leaders 

to increase student achievement in the areas of science, technology, engineering, and mathematics, including computer 

science; and 

‘‘(6) providing students in rural, remote, and underserved 

areas with the resources to take advantage of high-quality 

digital learning experiences, digital resources, and access to 

online courses taught by effective educators. 

‘‘(b) SPECIAL RULE.—A local educational agency, or consortium 

of such agencies, shall not use more than 15 percent of funds 

for purchasing technology infrastructure as described in subsection 

(a)(2)(B), which shall include technology infrastructure purchased 

for the activities under subsection (a)(4)(A). 

‘‘SEC. 4110. SUPPLEMENT, NOT SUPPLANT. 

‘‘Funds made available under this subpart shall be used to 

supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subpart. 

‘‘SEC. 4111. RULE OF CONSTRUCTION. 

‘‘Nothing in this subpart may be construed to— 

‘‘(1) authorize activities or programming that encourages 

teenage sexual activity; or 

‘‘(2) prohibit effective activities or programming that meet 

the requirements of section 8526. 

‘‘SEC. 4112. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There are authorized to be appropriated 

to carry out this subpart $1,650,000,000 for fiscal year 2017 and 

$1,600,000,000 for each of fiscal years 2018 through 2020. 

‘‘(b) FORWARD FUNDING.—Section 420 of the General Education 

Provisions Act (20 U.S.C. 1223) shall apply to this subpart.’’. 

PART B—21ST CENTURY COMMUNITY 

LEARNING CENTERS 

SEC. 4201. 21ST CENTURY COMMUNITY LEARNING CENTERS. 

(a) PROGRAM AUTHORIZED.—Part B of title IV (20 U.S.C. 7171 

et seq.) is amended to read as follows: 
S. 1177—182 

‘‘PART B—21ST CENTURY COMMUNITY 

LEARNING CENTERS 

‘‘SEC. 4201. PURPOSE; DEFINITIONS. 

‘‘(a) PURPOSE.—The purpose of this part is to provide opportunities for communities to establish or expand activities in community 

learning centers that— 

‘‘(1) provide opportunities for academic enrichment, 

including providing tutorial services to help students, particularly students who attend low-performing schools, to meet the 

challenging State academic standards; 

‘‘(2) offer students a broad array of additional services, 

programs, and activities, such as youth development activities, 

service learning, nutrition and health education, drug and 

violence prevention programs, counseling programs, arts, music, 

physical fitness and wellness programs, technology education 

programs, financial literacy programs, environmental literacy 

programs, mathematics, science, career and technical programs, 

internship or apprenticeship programs, and other ties to an 

in-demand industry sector or occupation for high school students that are designed to reinforce and complement the regular 

academic program of participating students; and 

‘‘(3) offer families of students served by community learning 

centers opportunities for active and meaningful engagement 

in their children’s education, including opportunities for literacy 

and related educational development. 

‘‘(b) DEFINITIONS.—In this part: 

‘‘(1) COMMUNITY LEARNING CENTER.—The term ‘community 

learning center’ means an entity that— 

‘‘(A) assists students to meet the challenging State 

academic standards by providing the students with academic enrichment activities and a broad array of other 

activities (such as programs and activities described in 

subsection (a)(2)) during nonschool hours or periods when 

school is not in session (such as before and after school 

or during summer recess) that— 

‘‘(i) reinforce and complement the regular academic 

programs of the schools attended by the students 

served; and 

‘‘(ii) are targeted to the students’ academic needs 

and aligned with the instruction students receive 

during the school day; and 

‘‘(B) offers families of students served by such center 

opportunities for active and meaningful engagement in 

their children’s education, including opportunities for literacy and related educational development. 

‘‘(2) COVERED PROGRAM.—The term ‘covered program’ 

means a program for which— 

‘‘(A) the Secretary made a grant under this part (as 

this part was in effect on the day before the effective 

date of this part under the Every Student Succeeds Act); 

and 

‘‘(B) the grant period had not ended on that effective 

date. 

‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a 

local educational agency, community-based organization, Indian 
S. 1177—183 

tribe or tribal organization (as such terms are defined in section 

4 of the Indian Self-Determination and Education Act (25 U.S.C. 

450b)), another public or private entity, or a consortium of 

2 or more such agencies, organizations, or entities. 

‘‘(4) EXTERNAL ORGANIZATION.—The term ‘external 

organization’ means— 

‘‘(A) a nonprofit organization with a record of success 

in running or working with before and after school (or 

summer recess) programs and activities; or 

‘‘(B) in the case of a community where there is no 

such organization, a nonprofit organization in the community that enters into a written agreement or partnership 

with an organization described in subparagraph (A) to 

receive mentoring and guidance in running or working 

with before and after school (or summer recess) programs 

and activities. 

‘‘(5) RIGOROUS PEER-REVIEW PROCESS.—The term ‘rigorous 

peer-review process’ means a process by which— 

‘‘(A) employees of a State educational agency who are 

familiar with the programs and activities assisted under 

this part review all applications that the State receives 

for awards under this part for completeness and applicant 

eligibility; 

‘‘(B) the State educational agency selects peer 

reviewers for such applications, who shall— 

‘‘(i) be selected for their expertise in providing 

effective academic, enrichment, youth development, 

and related services to children; and 

‘‘(ii) not include any applicant, or representative 

of an applicant, that has submitted an application 

under this part for the current application period; and 

‘‘(C) the peer reviewers described in subparagraph (B) 

review and rate the applications to determine the extent 

to which the applications meet the requirements under 

sections 4204(b) and 4205. 

‘‘(6) STATE.—The term ‘State’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

‘‘SEC. 4202. ALLOTMENTS TO STATES. 

‘‘(a) RESERVATION.—From the funds appropriated under section 

4206 for any fiscal year, the Secretary shall reserve— 

‘‘(1) such amounts as may be necessary to make continuation awards to subgrant recipients under covered programs 

(under the terms of those grants); 

‘‘(2) not more than 1 percent for national activities, which 

the Secretary may carry out directly or through grants and 

contracts, such as providing technical assistance to eligible 

entities carrying out programs under this part or conducting 

a national evaluation; and 

‘‘(3) not more than 1 percent for payments to the outlying 

areas and the Bureau of Indian Education, to be allotted in 

accordance with their respective needs for assistance under 

this part, as determined by the Secretary, to enable the outlying 

areas and the Bureau to carry out the purpose of this part. 

‘‘(b) STATE ALLOTMENTS.— 
S. 1177—184 

‘‘(1) DETERMINATION.—From the funds appropriated under 

section 4206 for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary 

shall allot to each State for the fiscal year an amount that 

bears the same relationship to the remainder as the amount 

the State received under subpart 2 of part A of title I for 

the preceding fiscal year bears to the amount all States received 

under that subpart for the preceding fiscal year, except that 

no State shall receive less than an amount equal to one-half 

of 1 percent of the total amount made available to all States 

under this subsection. 

‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a State does not 

receive an allotment under this part for a fiscal year, the 

Secretary shall reallot the amount of the State’s allotment 

to the remaining States in accordance with this part. 

‘‘(c) STATE USE OF FUNDS.— ‘‘(1) IN GENERAL.—Each State that receives an allotment 

under this part shall reserve not less than 93 percent of the 

amount allotted to such State under subsection (b), for each 

fiscal year for awards to eligible entities under section 4204. 

‘‘(2) STATE ADMINISTRATION.—A State educational agency 

may use not more than 2 percent of the amount made available 

to the State under subsection (b) for— 

‘‘(A) the administrative costs of carrying out its responsibilities under this part; 

‘‘(B) establishing and implementing a rigorous peerreview process for subgrant applications described in section 4204(b) (including consultation with the Governor and 

other State agencies responsible for administering youth 

development programs and adult learning activities); and 

‘‘(C) awarding of funds to eligible entities (in consultation with the Governor and other State agencies responsible 

for administering youth development programs and adult 

learning activities). 

‘‘(3) STATE ACTIVITIES.—A State educational agency may 

use not more than 5 percent of the amount made available 

to the State under subsection (b) for the following activities: 

‘‘(A) Monitoring and evaluating programs and activities 

assisted under this part. 

‘‘(B) Providing capacity building, training, and technical assistance under this part. 

‘‘(C) Conducting a comprehensive evaluation (directly, 

or through a grant or contract) of the effectiveness of programs and activities assisted under this part. 

‘‘(D) Providing training and technical assistance to 

eligible entities that are applicants for or recipients of 

awards under this part. 

‘‘(E) Ensuring that any eligible entity that receives 

an award under this part from the State aligns the activities provided by the program with the challenging State 

academic standards. 

‘‘(F) Ensuring that any such eligible entity identifies 

and partners with external organizations, if available, in 

the community. 

‘‘(G) Working with teachers, principals, parents, the 

local workforce, the local community, and other stakeholders to review and improve State policies and practices 
S. 1177—185 

to support the implementation of effective programs under 

this part. 

‘‘(H) Coordinating funds received under this part with 

other Federal and State funds to implement high-quality 

programs. 

‘‘(I) Providing a list of prescreened external organizations, as described under section 4203(a)(11). 

‘‘SEC. 4203. STATE APPLICATION. 

‘‘(a) IN GENERAL.—In order to receive an allotment under section 4202 for any fiscal year, a State shall submit to the Secretary, 

at such time as the Secretary may require, an application that— 

‘‘(1) designates the State educational agency as the agency 

responsible for the administration and supervision of programs 

assisted under this part; 

‘‘(2) describes how the State educational agency will use 

funds received under this part, including funds reserved for 

State-level activities; 

‘‘(3) contains an assurance that the State educational 

agency— 

‘‘(A) will make awards under this part to eligible entities that serve— 

‘‘(i) students who primarily attend— 

‘‘(I) schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 

1111(d); and 

‘‘(II) other schools determined by the local educational agency to be in need of intervention and 

support; and 

‘‘(ii) the families of such students; and 

‘‘(B) will further give priority to eligible entities that 

propose in the application to serve students described in 

subclauses (I) and (II) of section 4204(i)(1)(A)(i); 

‘‘(4) describes the procedures and criteria the State educational agency will use for reviewing applications and 

awarding funds to eligible entities on a competitive basis, which 

shall include procedures and criteria that take into consideration the likelihood that a proposed community learning center 

will help participating students meet the challenging State 

academic standards and any local academic standards; 

‘‘(5) describes how the State educational agency will ensure 

that awards made under this part are— 

‘‘(A) of sufficient size and scope to support high-quality, 

effective programs that are consistent with the purpose 

of this part; and 

‘‘(B) in amounts that are consistent with section 

4204(h); 

‘‘(6) describes the steps the State educational agency will 

take to ensure that programs implement effective strategies, 

including providing ongoing technical assistance and training, 

evaluation, dissemination of promising practices, and coordination of professional development for staff in specific content 

areas and youth development; 

‘‘(7) describes how programs under this part will be coordinated with programs under this Act, and other programs as 

appropriate; 
S. 1177—186 

‘‘(8) contains an assurance that the State educational 

agency— 

‘‘(A) will make awards for programs for a period of 

not less than 3 years and not more than 5 years; and 

‘‘(B) will require each eligible entity seeking such an 

award to submit a plan describing how the activities to 

be funded through the award will continue after funding 

under this part ends; 

‘‘(9) contains an assurance that funds appropriated to carry 

out this part will be used to supplement, and not supplant, 

other Federal, State, and local public funds expended to provide 

programs and activities authorized under this part and other 

similar programs; 

‘‘(10) contains an assurance that the State educational 

agency will require eligible entities to describe in their applications under section 4204(b) how the transportation needs of 

participating students will be addressed; 

‘‘(11) describes how the State will— 

‘‘(A) prescreen external organizations that could provide assistance in carrying out the activities under this 

part; and 

‘‘(B) develop and make available to eligible entities 

a list of external organizations that successfully completed 

the prescreening process; 

‘‘(12) provides— 

‘‘(A) an assurance that the application was developed 

in consultation and coordination with appropriate State 

officials, including the chief State school officer, and other 

State agencies administering before and after school (or 

summer recess) programs and activities, the heads of the 

State health and mental health agencies or their designees, 

statewide after-school networks (where applicable) and representatives of teachers, local educational agencies, and 

community-based organizations; and 

‘‘(B) a description of any other representatives of 

teachers, parents, students, or the business community 

that the State has selected to assist in the development 

of the application, if applicable; 

‘‘(13) describes the results of the State’s needs and 

resources assessment for before and after school (or summer 

recess) programs and activities, which shall be based on the 

results of on-going State evaluation activities; 

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

evaluate the effectiveness of programs and activities carried 

out under this part, which shall include, at a minimum— 

‘‘(A) a description of the performance indicators and 

performance measures that will be used to evaluate programs and activities with emphasis on alignment with 

the regular academic program of the school and the academic needs of participating students, including performance indicators and measures that— 

‘‘(i) are able to track student success and improvement over time; 

‘‘(ii) include State assessment results and other 

indicators of student success and improvement, such 

as improved attendance during the school day, better 

classroom grades, regular (or consistent) program 
S. 1177—187 

attendance, and on-time advancement to the next 

grade level; and 

‘‘(iii) for high school students, may include indicators such as career competencies, successful completion 

of internships or apprenticeships, or work-based 

learning opportunities; 

‘‘(B) a description of how data collected for the purposes 

of subparagraph (A) will be collected; and 

‘‘(C) public dissemination of the evaluations of programs and activities carried out under this part; and 

‘‘(15) provides for timely public notice of intent to file 

an application and an assurance that the application will be 

available for public review after submission. 

‘‘(b) DEEMED APPROVAL.—An application submitted by a State 

educational agency pursuant to subsection (a) shall be deemed 

to be approved by the Secretary unless the Secretary makes a 

written determination, prior to the expiration of the 120-day period 

beginning on the date on which the Secretary received the application, that the application is not in compliance with this part. 

‘‘(c) DISAPPROVAL.—The Secretary shall not finally disapprove 

the application, except after giving the State educational agency 

notice and an opportunity for a hearing. 

‘‘(d) NOTIFICATION.—If the Secretary finds that the application 

is not in compliance, in whole or in part, with this part, the 

Secretary shall— 

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

‘‘(2) notify the State educational agency of the finding of 

noncompliance and, in such notification— 

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

are not in compliance; and 

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

compliant. 

‘‘(e) RESPONSE.—If the State educational agency responds to 

the Secretary’s notification described in subsection (d)(2) during 

the 45-day period beginning on the date on which the agency 

received the notification, and resubmits the application with the 

requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the 

later of— 

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

date on which the application is resubmitted; or 

‘‘(2) the expiration of the 120-day period described in subsection (b). 

‘‘(f) FAILURE TO RESPOND.—If the State educational agency 

does not respond to the Secretary’s notification described in subsection (d)(2) during the 45-day period beginning on the date on 

which the agency received the notification, such application shall 

be deemed to be disapproved. 

‘‘(g) LIMITATION.—The Secretary may not give a priority or 

a preference for States or eligible entities that seek to use funds 

made available under this part to extend the regular school day. 

‘‘SEC. 4204. LOCAL COMPETITIVE SUBGRANT PROGRAM. 

‘‘(a) IN GENERAL.— 
S. 1177—188 

‘‘(1) COMMUNITY LEARNING CENTERS.—A State that receives 

funds under this part for a fiscal year shall provide the amount 

made available under section 4202(c)(1) to award subgrants 

to eligible entities for community learning centers in accordance 

with this part. 

‘‘(2) EXPANDED LEARNING PROGRAM ACTIVITIES.—A State 

that receives funds under this part for a fiscal year may use 

funds under section 4202(c)(1) to support those enrichment 

and engaging academic activities described in section 4205(a) 

that— 

‘‘(A) are included as part of an expanded learning 

program that provides students at least 300 additional 

program hours before, during, or after the traditional school 

day; 

‘‘(B) supplement but do not supplant regular school 

day requirements; and 

‘‘(C) are carried out by entities that meet the requirements of subsection (i). 

‘‘(b) APPLICATION.— ‘‘(1) IN GENERAL.—To be eligible to receive a subgrant under 

this part, an eligible entity shall submit an application to 

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

and including such information as the State educational agency 

may reasonably require. 

‘‘(2) CONTENTS.—Each application submitted under paragraph (1) shall include— 

‘‘(A) a description of the activities to be funded, 

including— 

‘‘(i) an assurance that the program will take place 

in a safe and easily accessible facility; 

‘‘(ii) a description of how students participating 

in the program carried out by the community learning 

center will travel safely to and from the center and 

home, if applicable; and 

‘‘(iii) a description of how the eligible entity will 

disseminate information about the community learning 

center (including its location) to the community in 

a manner that is understandable and accessible; 

‘‘(B) a description of how such activities are expected 

to improve student academic achievement as well as overall 

student success; 

‘‘(C) a demonstration of how the proposed program 

will coordinate Federal, State, and local programs and 

make the most effective use of public resources; 

‘‘(D) an assurance that the proposed program was 

developed and will be carried out— 

‘‘(i) in active collaboration with the schools that 

participating students attend (including through the 

sharing of relevant data among the schools), all participants of the eligible entity, and any partnership entities described in subparagraph (H), in compliance with 

applicable laws relating to privacy and confidentiality; 

and 

‘‘(ii) in alignment with the challenging State academic standards and any local academic standards; 

‘‘(E) a description of how the activities will meet the 

measures of effectiveness described in section 4205(b); 
S. 1177—189 

‘‘(F) an assurance that the program will target students 

who primarily attend schools eligible for schoolwide programs under section 1114 and the families of such students; 

‘‘(G) an assurance that subgrant funds under this part 

will be used to increase the level of State, local, and other 

non-Federal funds that would, in the absence of funds 

under this part, be made available for programs and activities authorized under this part, and in no case supplant 

Federal, State, local, or non-Federal funds; 

‘‘(H) a description of the partnership between a local 

educational agency, a community-based organization, and 

another public entity or private entity, if appropriate; 

‘‘(I) an evaluation of the community needs and available resources for the community learning center, and a 

description of how the program proposed to be carried 

out in the center will address those needs (including the 

needs of working families); 

‘‘(J) a demonstration that the eligible entity will use 

best practices, including research or evidence-based practices, to provide educational and related activities that 

will complement and enhance academic performance, 

achievement, postsecondary and workforce preparation, 

and positive youth development of the students; 

‘‘(K) a description of a preliminary plan for how the 

community learning center will continue after funding 

under this part ends; 

‘‘(L) an assurance that the community will be given 

notice of an intent to submit an application and that the 

application and any waiver request will be available for 

public review after submission of the application; 

‘‘(M) if the eligible entity plans to use volunteers in 

activities carried out through the community learning 

center, a description of how the eligible entity will encourage and use appropriately qualified persons to serve as 

the volunteers; and 

‘‘(N) such other information and assurances as the 

State educational agency may reasonably require. 

‘‘(c) APPROVAL OF CERTAIN APPLICATIONS.—The State educational agency may approve an application under this part for 

a program to be located in a facility other than an elementary 

school or secondary school only if the program will be at least 

as available and accessible to the students to be served as if the 

program were located in an elementary school or secondary school. 

‘‘(d) PERMISSIVE LOCAL MATCH.— 

‘‘(1) IN GENERAL.—A State educational agency may require 

an eligible entity to match subgrant funds awarded under this 

part, except that such match may not exceed the amount of 

the subgrant and may not be derived from other Federal or 

State funds. 

‘‘(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding scale that 

takes into account— 

‘‘(A) the relative poverty of the population to be targeted by the eligible entity; and 

‘‘(B) the ability of the eligible entity to obtain such 

matching funds. 
S. 1177—190 

‘‘(3) IN-KIND CONTRIBUTIONS.—Each State educational 

agency that requires an eligible entity to match funds under 

this subsection shall permit the eligible entity to provide all 

or any portion of such match in the form of in-kind contributions. 

‘‘(4) CONSIDERATION.—Notwithstanding this subsection, a 

State educational agency shall not consider an eligible entity’s 

ability to match funds when determining which eligible entities 

will receive subgrants under this part. 

‘‘(e) PEER REVIEW.—In reviewing local applications under this 

part, a State educational agency shall use a rigorous peer-review 

process or other methods to ensure the quality of funded projects. 

‘‘(f) GEOGRAPHIC DIVERSITY.—To the extent practicable, a State 

educational agency shall distribute subgrant funds under this part 

equitably among geographic areas within the State, including urban 

and rural communities. 

‘‘(g) DURATION OF AWARDS.—A subgrant awarded under this 

part shall be awarded for a period of not less than 3 years and 

not more than 5 years. 

‘‘(h) AMOUNT OF AWARDS.—A subgrant awarded under this part may not be made in an amount that is less than $50,000. 

‘‘(i) PRIORITY.— ‘‘(1) IN GENERAL.—In awarding subgrants under this part, 

a State educational agency shall give priority to applications— 

‘‘(A) proposing to target services to— 

‘‘(i) students who primarily attend schools that— 

‘‘(I) are implementing comprehensive support 

and improvement activities or targeted support 

and improvement activities under section 1111(d) 

or other schools determined by the local educational agency to be in need of intervention and 

support to improve student academic achievement 

and other outcomes; and 

‘‘(II) enroll students who may be at risk for 

academic failure, dropping out of school, involvement in criminal or delinquent activities, or who 

lack strong positive role models; and 

‘‘(ii) the families of students described in clause 

(i); 

‘‘(B) submitted jointly by eligible entities consisting 

of not less than 1— 

‘‘(i) local educational agency receiving funds under 

part A of title I; and 

‘‘(ii) another eligible entity; and 

‘‘(C) demonstrating that the activities proposed in the 

application— 

‘‘(i) are, as of the date of the submission of the 

application, not accessible to students who would be 

served; or 

‘‘(ii) would expand accessibility to high-quality 

services that may be available in the community. 

‘‘(2) SPECIAL RULE.—The State educational agency shall 

provide the same priority under paragraph (1) to an application 

submitted by a local educational agency if the local educational 

agency demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and 

of sufficient quality to meet the requirements of this part. 
S. 1177—191 

‘‘(3) LIMITATION.—A State educational agency may not give 

a priority or a preference to eligible entities that seek to use 

funds made available under this part to extend the regular 

school day. 

‘‘(j) RENEWABILITY OF AWARDS.—A State educational agency 

may renew a subgrant provided under this part to an eligible 

entity, based on the eligible entity’s performance during the preceding subgrant period. 

‘‘SEC. 4205. LOCAL ACTIVITIES. 

‘‘(a) AUTHORIZED ACTIVITIES.—Each eligible entity that receives 

an award under section 4204 may use the award funds to carry 

out a broad array of activities that advance student academic 

achievement and support student success, including— 

‘‘(1) academic enrichment learning programs, mentoring 

programs, remedial education activities, and tutoring services, 

that are aligned with— 

‘‘(A) the challenging State academic standards and any 

local academic standards; and 

‘‘(B) local curricula that are designed to improve student academic achievement; 

‘‘(2) well-rounded education activities, including such activities that enable students to be eligible for credit recovery or 

attainment; 

‘‘(3) literacy education programs, including financial literacy programs and environmental literacy programs; 

‘‘(4) programs that support a healthy and active lifestyle, 

including nutritional education and regular, structured physical 

activity programs; 

‘‘(5) services for individuals with disabilities; 

‘‘(6) programs that provide after-school activities for students who are English learners that emphasize language skills 

and academic achievement; 

‘‘(7) cultural programs; 

‘‘(8) telecommunications and technology education programs; 

‘‘(9) expanded library service hours; 

‘‘(10) parenting skills programs that promote parental 

involvement and family literacy; 

‘‘(11) programs that provide assistance to students who 

have been truant, suspended, or expelled to allow the students 

to improve their academic achievement; 

‘‘(12) drug and violence prevention programs and counseling 

programs; 

‘‘(13) programs that build skills in science, technology, 

engineering, and mathematics (referred to in this paragraph 

as ‘STEM’), including computer science, and that foster innovation in learning by supporting nontraditional STEM education 

teaching methods; and 

‘‘(14) programs that partner with in-demand fields of the 

local workforce or build career competencies and career readiness and ensure that local workforce and career readiness 

skills are aligned with the Carl D. Perkins Career and Technical 

Education Act of 2006 (20 U.S.C. 2301 et seq.) and the 

Workforce Innovation and Opportunity Act (29 U.S.C. 3101 

et seq.). 

‘‘(b) MEASURES OF EFFECTIVENESS.— 
S. 1177—192 

‘‘(1) IN GENERAL.—For a program or activity developed 

pursuant to this part to meet the measures of effectiveness, 

monitored by the State educational agency as described in 

section 4203(a)(14), such program or activity shall— 

‘‘(A) be based upon an assessment of objective data 

regarding the need for before and after school (or summer 

recess) programs and activities in the schools and communities; 

‘‘(B) be based upon an established set of performance 

measures aimed at ensuring the availability of high-quality 

academic enrichment opportunities; 

‘‘(C) if appropriate, be based upon evidence-based 

research that the program or activity will help students 

meet the challenging State academic standards and any 

local academic standards; 

‘‘(D) ensure that measures of student success align 

with the regular academic program of the school and the 

academic needs of participating students and include 

performance indicators and measures described in section 

4203(a)(14)(A); and 

‘‘(E) collect the data necessary for the measures of 

student success described in subparagraph (D). 

‘‘(2) PERIODIC EVALUATION.— ‘‘(A) IN GENERAL.—The program or activity shall 

undergo a periodic evaluation in conjunction with the State 

educational agency’s overall evaluation plan as described 

in section 4203(a)(14), to assess the program’s progress 

toward achieving the goal of providing high-quality 

opportunities for academic enrichment and overall student 

success. 

‘‘(B) USE OF RESULTS.—The results of evaluations 

under subparagraph (A) shall be— 

‘‘(i) used to refine, improve, and strengthen the 

program or activity, and to refine the performance 

measures; 

‘‘(ii) made available to the public upon request, 

with public notice of such availability provided; and 

‘‘(iii) used by the State to determine whether a 

subgrant is eligible to be renewed under section 4204(j). 

‘‘SEC. 4206. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this 

part $1,000,000,000 for fiscal year 2017 and $1,100,000,000 for 

each of fiscal years 2018 through 2020.’’. 

PART C—EXPANDING OPPORTUNITY 

THROUGH QUALITY CHARTER SCHOOLS 

SEC. 4301. CHARTER SCHOOLS. 

Part C of title IV (20 U.S.C. 7221 et seq.), as redesignated 

by section 4001, is amended— 

(1) by striking sections 4301 through 4305, as redesignated 

by section 4001, and inserting the following: 

‘‘SEC. 4301. PURPOSE. 

‘‘It is the purpose of this part to— 
S. 1177—193 

‘‘(1) improve the United States education system and education opportunities for all people in the United States by 

supporting innovation in public education in public school settings that prepare students to compete and contribute to the 

global economy and a stronger Nation; 

‘‘(2) provide financial assistance for the planning, program 

design, and initial implementation of charter schools; 

‘‘(3) increase the number of high-quality charter schools 

available to students across the United States; 

‘‘(4) evaluate the impact of charter schools on student 

achievement, families, and communities, and share best practices between charter schools and other public schools; 

‘‘(5) encourage States to provide support to charter schools 

for facilities financing in an amount more nearly commensurate 

to the amount States typically provide for traditional public 

schools; 

‘‘(6) expand opportunities for children with disabilities, 

English learners, and other traditionally underserved students 

to attend charter schools and meet the challenging State academic standards; 

‘‘(7) support efforts to strengthen the charter school authorizing process to improve performance management, including 

transparency, oversight and monitoring (including financial 

audits), and evaluation of such schools; and 

‘‘(8) support quality, accountability, and transparency in 

the operational performance of all authorized public chartering 

agencies, including State educational agencies, local educational 

agencies, and other authorizing entities. 

‘‘SEC. 4302. PROGRAM AUTHORIZED. 

‘‘(a) IN GENERAL.—The Secretary may carry out a charter school 

program that supports charter schools that serve early childhood, 

elementary school, or secondary school students by— 

‘‘(1) supporting the startup of new charter schools, the 

replication of high-quality charter schools, and the expansion 

of high-quality charter schools; 

‘‘(2) assisting charter schools in accessing credit to acquire 

and renovate facilities for school use; and 

‘‘(3) carrying out national activities to support— 

‘‘(A) the activities described in paragraph (1); 

‘‘(B) the dissemination of best practices of charter 

schools for all schools; 

‘‘(C) the evaluation of the impact of the charter school 

program under this part on schools participating in such 

program; and 

‘‘(D) stronger charter school authorizing practices. 

‘‘(b) FUNDING ALLOTMENT.—From the amount made available 

under section 4311 for a fiscal year, the Secretary shall— 

‘‘(1) reserve 12.5 percent to support charter school facilities 

assistance under section 4304; 

‘‘(2) reserve 22.5 percent to carry out national activities 

under section 4305; and 

‘‘(3) use the remaining amount after the reservations under 

paragraphs (1) and (2) to carry out section 4303. 

‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The recipient of a grant 

or subgrant under part B of title V (as such part was in effect 

on the day before the date of enactment of the Every Student 
S. 1177—194 

Succeeds Act) shall continue to receive funds in accordance with 

the terms and conditions of such grant or subgrant. 

‘‘SEC. 4303. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS. 

‘‘(a) STATE ENTITY DEFINED.—For purposes of this section, the 

term ‘State entity’ means— 

‘‘(1) a State educational agency; 

‘‘(2) a State charter school board; 

‘‘(3) a Governor of a State; or 

‘‘(4) a charter school support organization. 

‘‘(b) PROGRAM AUTHORIZED.—From the amount available under 

section 4302(b)(3), the Secretary shall award, on a competitive 

basis, grants to State entities having applications approved under 

subsection (f) to enable such entities to— 

‘‘(1) award subgrants to eligible applicants to enable eligible 

applicants to— 

‘‘(A) open and prepare for the operation of new charter 

schools; 

‘‘(B) open and prepare for the operation of replicated 

high-quality charter schools; or 

‘‘(C) expand high-quality charter schools; and 

‘‘(2) provide technical assistance to eligible applicants and 

authorized public chartering agencies in carrying out the activities described in paragraph (1), and work with authorized public 

chartering agencies in the State to improve authorizing quality, 

including developing capacity for, and conducting, fiscal oversight and auditing of charter schools. 

‘‘(c) STATE ENTITY USES OF FUNDS.— 

‘‘(1) IN GENERAL.—A State entity receiving a grant under 

this section shall— 

‘‘(A) use not less than 90 percent of the grant funds 

to award subgrants to eligible applicants, in accordance 

with the quality charter school program described in the 

State entity’s application pursuant to subsection (f), for 

the purposes described in subsection (b)(1); 

‘‘(B) reserve not less than 7 percent of such funds 

to carry out the activities described in subsection (b)(2); 

and 

‘‘(C) reserve not more than 3 percent of such funds 

for administrative costs, which may include technical 

assistance. 

‘‘(2) CONTRACTS AND GRANTS.—A State entity may use a 

grant received under this section to carry out the activities 

described in subsection (b)(2) directly or through grants, contracts, or cooperative agreements. 

‘‘(3) RULE OF CONSTRUCTION.— 

‘‘(A) USE OF LOTTERY.—Nothing in this Act shall prohibit the Secretary from awarding grants to State entities, 

or prohibit State entities from awarding subgrants to 

eligible applicants, that use a weighted lottery to give 

slightly better chances for admission to all, or a subset 

of, educationally disadvantaged students if— 

‘‘(i) the use of weighted lotteries in favor of such 

students is not prohibited by State law, and such State 

law is consistent with laws described in section 

4310(2)(G); and 
S. 1177—195 

‘‘(ii) such weighted lotteries are not used for the 

purpose of creating schools exclusively to serve a particular subset of students. 

‘‘(B) STUDENTS WITH SPECIAL NEEDS.—Nothing in this 

paragraph shall be construed to prohibit schools from 

specializing in providing specific services for students with 

a demonstrated need for such services, such as students 

who need specialized instruction in reading, spelling, or 

writing. 

‘‘(d) PROGRAM PERIODS; PEER REVIEW; DISTRIBUTION OF SUB- GRANTS; WAIVERS.— ‘‘(1) PROGRAM PERIODS.— ‘‘(A) GRANTS.—A grant awarded by the Secretary to 

a State entity under this section shall be for a period 

of not more than 5 years. 

‘‘(B) SUBGRANTS.—A subgrant awarded by a State 

entity under this section shall be for a period of not more 

than 5 years, of which an eligible applicant may use not 

more than 18 months for planning and program design. 

‘‘(2) PEER REVIEW.—The Secretary, and each State entity 

awarding subgrants under this section, shall use a peer-review 

process to review applications for assistance under this section. 

‘‘(3) GRANT AWARDS.— ‘‘(A) IN GENERAL.—The Secretary— 

‘‘(i) shall for each fiscal year for which funds are 

appropriated under section 4311— 

‘‘(I) award not less than 3 grants under this 

section; and 

‘‘(II) fully obligate the first 2 years of funds 

appropriated for the purpose of awarding grants 

under this section in the first fiscal year for which 

such grants are awarded; and 

‘‘(ii) prior to the start of the third year of the 

grant period and each succeeding year of each grant 

awarded under this section to a State entity— 

‘‘(I) shall review— 

‘‘(aa) whether the State entity is using 

the grant funds for the agreed upon uses of 

funds; and 

‘‘(bb) whether the full amount of the grant 

will be needed for the remainder of the grant 

period; and 

‘‘(II) may, as determined necessary based on 

that review, terminate or reduce the amount of 

the grant and reallocate the remaining grant funds 

to other State entities— 

‘‘(aa) by using such funds to award grants 

under this section to other State entities; or 

‘‘(bb) in a fiscal year in which the amount 

of such remaining funds is insufficient to 

award grants under item (aa), in accordance 

with subparagraph (B). 

‘‘(B) REMAINING FUNDING.—For a fiscal year for which 

there are remaining grant funds under this paragraph, 

but the amount of such funds is insufficient to award 

a grant to a State entity under this section, the Secretary 

shall use such remaining grants funds— 
S. 1177—196 

‘‘(i) to supplement funding for grants under section 

4305(a)(2), but not to supplant— 

‘‘(I) the funds reserved under section 

4305(a)(2); and 

‘‘(II) funds otherwise reserved under section 

4302(b)(2) to carry out national activities under 

section 4305; 

‘‘(ii) to award grants to State entities to carry 

out the activities described in subsection (b)(1) for the 

next fiscal year; or 

‘‘(iii) to award one year of a grant under subsection 

(b)(1) to a high-scoring State entity, in an amount 

at or above the minimum amount the State entity 

needs to be successful for such year. 

‘‘(4) DIVERSITY OF PROJECTS.—Each State entity awarding 

subgrants under this section shall award subgrants in a manner 

that, to the extent practicable and applicable, ensures that 

such subgrants— 

‘‘(A) are distributed throughout different areas, 

including urban, suburban, and rural areas; and 

‘‘(B) will assist charter schools representing a variety 

of educational approaches. 

‘‘(5) WAIVERS.—The Secretary may waive any statutory 

or regulatory requirement over which the Secretary exercises 

administrative authority, except any such requirement relating 

to the elements of a charter school described in section 4310(2), 

if— 

‘‘(A) the waiver is requested in an approved application 

under this section; and 

‘‘(B) the Secretary determines that granting such 

waiver will promote the purpose of this part. 

‘‘(e) LIMITATIONS.— ‘‘(1) GRANTS.—No State entity may receive a grant under 

this section for use in a State in which a State entity is 

currently using a grant received under this section. 

‘‘(2) SUBGRANTS.—An eligible applicant may not receive 

more than 1 subgrant under this section for each individual 

charter school for a 5-year period, unless the eligible applicant 

demonstrates to the State entity that such individual charter 

school has at least 3 years of improved educational results 

for students enrolled in such charter school with respect to 

the elements described in subparagraphs (A) and (D) of section 

4310(8). 

‘‘(f) APPLICATIONS.—A State entity desiring to receive a grant 

under this section shall submit an application to the Secretary 

at such time and in such manner as the Secretary may require. 

The application shall include the following: 

‘‘(1) DESCRIPTION OF PROGRAM.—A description of the State 

entity’s objectives in running a quality charter school program 

under this section and how the objectives of the program will 

be carried out, including— 

‘‘(A) a description of how the State entity will— 

‘‘(i) support the opening of charter schools through 

the startup of new charter schools and, if applicable, 

the replication of high-quality charter schools, and the 

expansion of high-quality charter schools (including 

the proposed number of new charter schools to be 
S. 1177—197 

opened, high-quality charter schools to be opened as 

a result of the replication of a high-quality charter 

school, or high-quality charter schools to be expanded 

under the State entity’s program); 

‘‘(ii) inform eligible charter schools, developers, and 

authorized public chartering agencies of the availability of funds under the program; 

‘‘(iii) work with eligible applicants to ensure that 

the eligible applicants access all Federal funds that 

such applicants are eligible to receive, and help the 

charter schools supported by the applicants and the 

students attending those charter schools— 

‘‘(I) participate in the Federal programs in 

which the schools and students are eligible to 

participate; 

‘‘(II) receive the commensurate share of Federal funds the schools and students are eligible 

to receive under such programs; and 

‘‘(III) meet the needs of students served under 

such programs, including students with disabilities 

and English learners; 

‘‘(iv) ensure that authorized public chartering 

agencies, in collaboration with surrounding local educational agencies where applicable, establish clear 

plans and procedures to assist students enrolled in 

a charter school that closes or loses its charter to 

attend other high-quality schools; 

‘‘(v) in the case of a State entity that is not a 

State educational agency— 

‘‘(I) work with the State educational agency 

and charter schools in the State to maximize 

charter school participation in Federal and State 

programs for which charter schools are eligible; 

and 

‘‘(II) work with the State educational agency 

to operate the State entity’s program under this 

section, if applicable; 

‘‘(vi) ensure that each eligible applicant that 

receives a subgrant under the State entity’s program— 

‘‘(I) is using funds provided under this section 

for one of the activities described in subsection 

(b)(1); and 

‘‘(II) is prepared to continue to operate charter 

schools funded under this section in a manner 

consistent with the eligible applicant’s application 

for such subgrant once the subgrant funds under 

this section are no longer available; 

‘‘(vii) support— 

‘‘(I) charter schools in local educational agencies with a significant number of schools identified 

by the State for comprehensive support and 

improvement under section 1111(c)(4)(D)(i); and 

‘‘(II) the use of charter schools to improve 

struggling schools, or to turn around struggling 

schools; 

‘‘(viii) work with charter schools on— 
S. 1177—198 

‘‘(I) recruitment and enrollment practices to 

promote inclusion of all students, including by 

eliminating any barriers to enrollment for 

educationally disadvantaged students (who include 

foster youth and unaccompanied homeless youth); 

and 

‘‘(II) supporting all students once they are 

enrolled to promote retention, including by 

reducing the overuse of discipline practices that 

remove students from the classroom; 

‘‘(ix) share best and promising practices between 

charter schools and other public schools; 

‘‘(x) ensure that charter schools receiving funds 

under the State entity’s program meet the educational 

needs of their students, including children with disabilities and English learners; 

‘‘(xi) support efforts to increase charter school 

quality initiatives, including meeting the quality 

authorizing elements described in paragraph (2)(D); 

‘‘(xii)(I) in the case of a State entity not described 

in subclause (II), a description of how the State entity 

will provide oversight of authorizing activity, including 

how the State will help ensure better authorizing, such 

as by establishing authorizing standards that may 

include approving, monitoring, and re-approving or 

revoking the authority of an authorized public chartering agency based on the performance of the charter 

schools authorized by such agency in the areas of student achievement, student safety, financial and operational management, and compliance with all 

applicable statutes and regulations; and 

‘‘(II) in the case of a State entity described in 

subsection (a)(4), a description of how the State entity 

will work with the State to support the State’s system 

of technical assistance and oversight, as described in 

subclause (I), of the authorizing activity of authorized 

public chartering agencies; and 

‘‘(xiii) work with eligible applicants receiving a 

subgrant under the State entity’s program to support the 

opening of new charter schools or charter school models 

described in clause (i) that are high schools; 

‘‘(B) a description of the extent to which the State 

entity— 

‘‘(i) is able to meet and carry out the priorities 

described in subsection (g)(2); 

‘‘(ii) is working to develop or strengthen a cohesive 

statewide system to support the opening of new charter 

schools and, if applicable, the replication of highquality charter schools, and the expansion of highquality charter schools; and 

‘‘(iii) is working to develop or strengthen a cohesive 

strategy to encourage collaboration between charter 

schools and local educational agencies on the sharing 

of best practices; 

‘‘(C) a description of how the State entity will award 

subgrants, on a competitive basis, including— 
S. 1177—199 

‘‘(i) a description of the application each eligible 

applicant desiring to receive a subgrant will be 

required to submit, which application shall include— 

‘‘(I) a description of the roles and responsibilities of eligible applicants, partner organizations, 

and charter management organizations, including 

the administrative and contractual roles and 

responsibilities of such partners; 

‘‘(II) a description of the quality controls 

agreed to between the eligible applicant and the 

authorized public chartering agency involved, such 

as a contract or performance agreement, how a 

school’s performance in the State’s accountability 

system and impact on student achievement (which 

may include student academic growth) will be one 

of the most important factors for renewal or revocation of the school’s charter, and how the State 

entity and the authorized public chartering agency 

involved will reserve the right to revoke or not 

renew a school’s charter based on financial, structural, or operational factors involving the management of the school; 

‘‘(III) a description of how the autonomy and 

flexibility granted to a charter school is consistent 

with the definition of a charter school in section 

4310; 

‘‘(IV) a description of how the eligible applicant 

will solicit and consider input from parents and 

other members of the community on the 

implementation and operation of each charter 

school that will receive funds under the State 

entity’s program; 

‘‘(V) a description of the eligible applicant’s 

planned activities and expenditures of subgrant 

funds to support the activities described in subsection (b)(1), and how the eligible applicant will 

maintain financial sustainability after the end of 

the subgrant period; and 

‘‘(VI) a description of how the eligible applicant 

will support the use of effective parent, family, 

and community engagement strategies to operate 

each charter school that will receive funds under 

the State entity’s program; and 

‘‘(ii) a description of how the State entity will 

review applications from eligible applicants; 

‘‘(D) in the case of a State entity that partners with 

an outside organization to carry out the State entity’s 

quality charter school program, in whole or in part, a 

description of the roles and responsibilities of the partner; 

‘‘(E) a description of how the State entity will ensure 

that each charter school receiving funds under the State 

entity’s program has considered and planned for the 

transportation needs of the school’s students; 

‘‘(F) a description of how the State in which the State 

entity is located addresses charter schools in the State’s 

open meetings and open records laws; and 
S. 1177—200 

‘‘(G) a description of how the State entity will support 

diverse charter school models, including models that serve 

rural communities. 

‘‘(2) ASSURANCES.—Assurances that— 

‘‘(A) each charter school receiving funds through the 

State entity’s program will have a high degree of autonomy 

over budget and operations, including autonomy over personnel decisions; 

‘‘(B) the State entity will support charter schools in 

meeting the educational needs of their students, as 

described in paragraph (1)(A)(x); 

‘‘(C) the State entity will ensure that the authorized 

public chartering agency of any charter school that receives 

funds under the State entity’s program adequately monitors 

each charter school under the authority of such agency 

in recruiting, enrolling, retaining, and meeting the needs 

of all students, including children with disabilities and 

English learners; 

‘‘(D) the State entity will provide adequate technical 

assistance to eligible applicants to meet the objectives 

described in clause (viii) of paragraph (1)(A) and subparagraph (B) of this paragraph; 

‘‘(E) the State entity will promote quality authorizing, 

consistent with State law, such as through providing technical assistance to support each authorized public chartering agency in the State to improve such agency’s ability 

to monitor the charter schools authorized by the agency, 

including by— 

‘‘(i) assessing annual performance data of the 

schools, including, as appropriate, graduation rates, 

student academic growth, and rates of student attrition; 

‘‘(ii) reviewing the schools’ independent, annual 

audits of financial statements prepared in accordance 

with generally accepted accounting principles, and 

ensuring that any such audits are publically reported; 

and 

‘‘(iii) holding charter schools accountable to the 

academic, financial, and operational quality controls 

agreed to between the charter school and the authorized public chartering agency involved, such as through 

renewal, non-renewal, or revocation of the school’s 

charter; 

‘‘(F) the State entity will work to ensure that charter 

schools are included with the traditional public schools 

in decisionmaking about the public school system in the 

State; and 

‘‘(G) the State entity will ensure that each charter 

school receiving funds under the State entity’s program 

makes publicly available, consistent with the dissemination 

requirements of the annual State report card under section 

1111(h), including on the website of the school, information 

to help parents make informed decisions about the education options available to their children, including— 

‘‘(i) information on the educational program; 

‘‘(ii) student support services; 
S. 1177—201 

‘‘(iii) parent contract requirements (as applicable), 

including any financial obligations or fees; 

‘‘(iv) enrollment criteria (as applicable); and 

‘‘(v) annual performance and enrollment data for 

each of the subgroups of students, as defined in section 

1111(c)(2), except that such disaggregation of performance and enrollment data shall not be required in 

a case in which the number of students in a group 

is insufficient to yield statically reliable information 

or the results would reveal personally identifiable 

information about an individual student. 

‘‘(3) REQUESTS FOR WAIVERS.—Information about waivers, 

including— 

‘‘(A) a request and justification for waivers of any Federal statutory or regulatory provisions that the State entity 

believes are necessary for the successful operation of the 

charter schools that will receive funds under the State 

entity’s program under this section or, in the case of a 

State entity defined in subsection (a)(4), a description of 

how the State entity will work with the State to request 

such necessary waivers, where applicable; and 

‘‘(B) a description of any State or local rules, generally 

applicable to public schools, that will be waived, or otherwise not apply to such schools. 

‘‘(g) SELECTION CRITERIA; PRIORITY.— 

‘‘(1) SELECTION CRITERIA.—The Secretary shall award 

grants to State entities under this section on the basis of 

the quality of the applications submitted under subsection (f), 

after taking into consideration— 

‘‘(A) the degree of flexibility afforded by the State’s 

charter school law and how the State entity will work 

to maximize the flexibility provided to charter schools 

under such law; 

‘‘(B) the ambitiousness of the State entity’s objectives 

for the quality charter school program carried out under 

this section; 

‘‘(C) the likelihood that the eligible applicants receiving 

subgrants under the program will meet those objectives 

and improve educational results for students; 

‘‘(D) the State entity’s plan to— 

‘‘(i) adequately monitor the eligible applicants 

receiving subgrants under the State entity’s program; 

‘‘(ii) work with the authorized public chartering 

agencies involved to avoid duplication of work for the 

charter schools and authorized public chartering agencies; and 

‘‘(iii) provide technical assistance and support for— 

‘‘(I) the eligible applicants receiving subgrants 

under the State entity’s program; and 

‘‘(II) quality authorizing efforts in the State; 

and 

‘‘(E) the State entity’s plan to solicit and consider input 

from parents and other members of the community on 

the implementation and operation of charter schools in 

the State. 
S. 1177—202 

‘‘(2) PRIORITY.—In awarding grants under this section, the 

Secretary shall give priority to a State entity to the extent 

that the entity meets the following criteria: 

‘‘(A) The State entity is located in a State that— 

‘‘(i) allows at least one entity that is not a local 

educational agency to be an authorized public chartering agency for developers seeking to open a charter 

school in the State; or 

‘‘(ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, the State has an appeals process for 

the denial of an application for a charter school. 

‘‘(B) The State entity is located in a State that ensures 

equitable financing, as compared to traditional public 

schools, for charter schools and students in a prompt 

manner. 

‘‘(C) The State entity is located in a State that provides 

charter schools one or more of the following: 

‘‘(i) Funding for facilities. 

‘‘(ii) Assistance with facilities acquisition. 

‘‘(iii) Access to public facilities. 

‘‘(iv) The ability to share in bonds or mill levies. 

‘‘(v) The right of first refusal to purchase public 

school buildings. 

‘‘(vi) Low- or no-cost leasing privileges. 

‘‘(D) The State entity is located in a State that uses 

best practices from charter schools to help improve struggling schools and local educational agencies. 

‘‘(E) The State entity supports charter schools that 

serve at-risk students through activities such as dropout 

prevention, dropout recovery, or comprehensive career 

counseling services. 

‘‘(F) The State entity has taken steps to ensure that 

all authorizing public chartering agencies implement best 

practices for charter school authorizing. 

‘‘(h) LOCAL USES OF FUNDS.—An eligible applicant receiving 

a subgrant under this section shall use such funds to support 

the activities described in subsection (b)(1), which shall include 

one or more of the following activities: 

‘‘(1) Preparing teachers, school leaders, and specialized 

instructional support personnel, including through paying the 

costs associated with— 

‘‘(A) providing professional development; and 

‘‘(B) hiring and compensating, during the eligible 

applicant’s planning period specified in the application for 

subgrant funds that is required under this section, one 

or more of the following: 

‘‘(i) Teachers. 

‘‘(ii) School leaders. 

‘‘(iii) Specialized instructional support personnel. 

‘‘(2) Acquiring supplies, training, equipment (including 

technology), and educational materials (including developing 

and acquiring instructional materials). 

‘‘(3) Carrying out necessary renovations to ensure that 

a new school building complies with applicable statutes and 

regulations, and minor facilities repairs (excluding construction). 
S. 1177—203 

‘‘(4) Providing one-time, startup costs associated with providing transportation to students to and from the charter school. 

‘‘(5) Carrying out community engagement activities, which 

may include paying the cost of student and staff recruitment. 

‘‘(6) Providing for other appropriate, non-sustained costs 

related to the activities described in subsection (b)(1) when 

such costs cannot be met from other sources. 

‘‘(i) REPORTING REQUIREMENTS.—Each State entity receiving 

a grant under this section shall submit to the Secretary, at the 

end of the third year of the 5-year grant period (or at the end 

of the second year of the grant period if the grant is less than 

5 years), and at the end of such grant period, a report that includes 

the following: 

‘‘(1) The number of students served by each subgrant 

awarded under this section and, if applicable, the number of 

new students served during each year of the period of the 

subgrant. 

‘‘(2) A description of how the State entity met the objectives 

of the quality charter school program described in the State 

entity’s application under subsection (f), including— 

‘‘(A) how the State entity met the objective of sharing 

best and promising practices described in subsection 

(f)(1)(A)(ix) in areas such as instruction, professional 

development, curricula development, and operations 

between charter schools and other public schools; and 

‘‘(B) if known, the extent to which such practices were 

adopted and implemented by such other public schools. 

‘‘(3) The number and amount of subgrants awarded under 

this section to carry out activities described in each of subparagraphs (A) through (C) of subsection (b)(1). 

‘‘(4) A description of— 

‘‘(A) how the State entity complied with, and ensured 

that eligible applicants complied with, the assurances 

included in the State entity’s application; and 

‘‘(B) how the State entity worked with authorized 

public chartering agencies, and how the agencies worked 

with the management company or leadership of the schools 

that received subgrant funds under this section, if 

applicable. 

‘‘SEC. 4304. FACILITIES FINANCING ASSISTANCE. 

‘‘(a) GRANTS TO ELIGIBLE ENTITIES.— 

‘‘(1) IN GENERAL.—From the amount reserved under section 

4302(b)(1), the Secretary shall use not less than 50 percent 

to award, on a competitive basis, not less than 3 grants to 

eligible entities that have the highest-quality applications 

approved under subsection (d), after considering the diversity 

of such applications, to demonstrate innovative methods of 

helping charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability 

of loans or bond financing. 

‘‘(2) ELIGIBLE ENTITY DEFINED.—For the purposes of this 

section, the term ‘eligible entity’ means— 

‘‘(A) a public entity, such as a State or local governmental entity; 

‘‘(B) a private nonprofit entity; or 
S. 1177—204 

‘‘(C) a consortium of entities described in subparagraphs (A) and (B). 

‘‘(b) GRANTEE SELECTION.—The Secretary shall evaluate each 

application submitted under subsection (d), and shall determine 

whether the application is sufficient to merit approval. 

‘‘(c) GRANT CHARACTERISTICS.—Grants under subsection (a) 

shall be of sufficient size, scope, and quality so as to ensure an 

effective demonstration of an innovative means of enhancing credit 

for the financing of charter school acquisition, construction, or renovation. 

‘‘(d) APPLICATIONS.— ‘‘(1) IN GENERAL.—An eligible entity desiring to receive 

a grant under this section shall submit an application to the 

Secretary in such form as the Secretary may reasonably require. 

‘‘(2) CONTENTS.—An application submitted under paragraph (1) shall contain— 

‘‘(A) a statement identifying the activities that the 

eligible entity proposes to carry out with funds received 

under subsection (a), including how the eligible entity will 

determine which charter schools will receive assistance, 

and how much and what types of assistance charter schools 

will receive; 

‘‘(B) a description of the involvement of charter schools 

in the application’s development and the design of the 

proposed activities; 

‘‘(C) a description of the eligible entity’s expertise in 

capital market financing; 

‘‘(D) a description of how the proposed activities will 

leverage the maximum amount of private-sector financing 

capital relative to the amount of government funding used 

and otherwise enhance credit available to charter schools, 

including how the eligible entity will offer a combination 

of rates and terms more favorable than the rates and 

terms that a charter school could receive without assistance 

from the eligible entity under this section; 

‘‘(E) a description of how the eligible entity possesses 

sufficient expertise in education to evaluate the likelihood 

of success of a charter school program for which facilities 

financing is sought; and 

‘‘(F) in the case of an application submitted by a State 

governmental entity, a description of the actions that the 

eligible entity has taken, or will take, to ensure that charter 

schools within the State receive the funding that charter 

schools need to have adequate facilities. 

‘‘(e) CHARTER SCHOOL OBJECTIVES.—An eligible entity receiving 

a grant under subsection (a) shall use the funds deposited in the 

reserve account established under subsection (f) to assist one or 

more charter schools to access private-sector capital to accomplish 

one or more of the following objectives: 

‘‘(1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third 

party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue 

the operation of a charter school. 

‘‘(2) The construction of new facilities, or the renovation, 

repair, or alteration of existing facilities, necessary to commence 

or continue the operation of a charter school. 
S. 1177—205 

‘‘(3) The predevelopment costs required to assess sites for 

purposes of paragraph (1) or (2) and that are necessary to 

commence or continue the operation of a charter school. 

‘‘(f) RESERVE ACCOUNT.— ‘‘(1) USE OF FUNDS.—To assist charter schools in accomplishing the objectives described in subsection (e), an eligible 

entity receiving a grant under subsection (a) shall, in accordance with State and local law, directly or indirectly, alone 

or in collaboration with others, deposit the funds received under 

subsection (a) (other than funds used for administrative costs 

in accordance with subsection (g)) in a reserve account established and maintained by the eligible entity for this purpose. 

Amounts deposited in such account shall be used by the eligible 

entity for one or more of the following purposes: 

‘‘(A) Guaranteeing, insuring, and reinsuring bonds, 

notes, evidences of debt, loans, and interests therein, the 

proceeds of which are used for an objective described in 

subsection (e). 

‘‘(B) Guaranteeing and insuring leases of personal and 

real property for an objective described in subsection (e). 

‘‘(C) Facilitating financing by identifying potential 

lending sources, encouraging private lending, and other 

similar activities that directly promote lending to, or for 

the benefit of, charter schools. 

‘‘(D) Facilitating the issuance of bonds by charter 

schools, or by other public entities for the benefit of charter 

schools, by providing technical, administrative, and other 

appropriate assistance (including the recruitment of bond 

counsel, underwriters, and potential investors and the 

consolidation of multiple charter school projects within a 

single bond issue). 

‘‘(2) INVESTMENT.—Funds received under subsection (a) and 

deposited in the reserve account established under paragraph 

(1) shall be invested in obligations issued or guaranteed by 

the United States or a State, or in other similarly low-risk 

securities. 

‘‘(3) REINVESTMENT OF EARNINGS.—Any earnings on funds 

received under subsection (a) shall be deposited in the reserve 

account established under paragraph (1) and used in accordance 

with this subsection. 

‘‘(g) LIMITATION ON ADMINISTRATIVE COSTS.—An eligible entity 

may use not more than 2.5 percent of the funds received under 

subsection (a) for the administrative costs of carrying out its responsibilities under this section (excluding subsection (k)). 

‘‘(h) AUDITS AND REPORTS.— 

‘‘(1) FINANCIAL RECORD MAINTENANCE AND AUDIT.—The 

financial records of each eligible entity receiving a grant under 

subsection (a) shall be maintained in accordance with generally 

accepted accounting principles and shall be subject to an annual 

audit by an independent public accountant. 

‘‘(2) REPORTS.— ‘‘(A) GRANTEE ANNUAL REPORTS.—Each eligible entity 

receiving a grant under subsection (a) shall submit to the 

Secretary an annual report of the entity’s operations and 

activities under this section (excluding subsection (k)). 

‘‘(B) CONTENTS.—Each annual report submitted under 

subparagraph (A) shall include— 
S. 1177—206 

‘‘(i) a copy of the most recent financial statements, 

and any accompanying opinion on such statements, 

prepared by the independent public accountant 

reviewing the financial records of the eligible entity; 

‘‘(ii) a copy of any report made on an audit of 

the financial records of the eligible entity that was 

conducted under paragraph (1) during the reporting 

period; 

‘‘(iii) an evaluation by the eligible entity of the 

effectiveness of its use of the Federal funds provided 

under subsection (a) in leveraging private funds; 

‘‘(iv) a listing and description of the charter schools 

served during the reporting period, including the 

amount of funds used by each school, the type of project 

facilitated by the grant, and the type of assistance 

provided to the charter schools; 

‘‘(v) a description of the activities carried out by 

the eligible entity to assist charter schools in meeting 

the objectives set forth in subsection (e); and 

‘‘(vi) a description of the characteristics of lenders 

and other financial institutions participating in the 

activities carried out by the eligible entity under this 

section (excluding subsection (k)) during the reporting 

period. 

‘‘(C) SECRETARIAL REPORT.—The Secretary shall review 

the reports submitted under subparagraph (A) and shall 

provide a comprehensive annual report to Congress on 

the activities conducted under this section (excluding subsection (k)). 

‘‘(i) NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATION.— 

No financial obligation of an eligible entity entered into pursuant 

to this section (such as an obligation under a guarantee, bond, 

note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit 

of the United States is not pledged to the payment of funds that 

may be required to be paid under any obligation made by an 

eligible entity pursuant to any provision of this section. 

‘‘(j) RECOVERY OF FUNDS.— 

‘‘(1) IN GENERAL.—The Secretary, in accordance with 

chapter 37 of title 31, United States Code, shall collect— 

‘‘(A) all of the funds in a reserve account established 

by an eligible entity under subsection (f)(1) if the Secretary 

determines, not earlier than 2 years after the date on 

which the eligible entity first received funds under subsection (a), that the eligible entity has failed to make 

substantial progress in carrying out the purposes described 

in subsection (f)(1); or 

‘‘(B) all or a portion of the funds in a reserve account 

established by an eligible entity under subsection (f)(1) 

if the Secretary determines that the eligible entity has 

permanently ceased to use all or a portion of the funds 

in such account to accomplish any purpose described in 

subsection (f)(1). 

‘‘(2) EXERCISE OF AUTHORITY.—The Secretary shall not exercise the authority provided in paragraph (1) to collect from 

any eligible entity any funds that are being properly used 
S. 1177—207 

to achieve one or more of the purposes described in subsection 

(f)(1). 

‘‘(3) PROCEDURES.—The provisions of sections 451, 452, and 

458 of the General Education Provisions Act shall apply to 

the recovery of funds under paragraph (1). 

‘‘(4) CONSTRUCTION.—This subsection shall not be construed 

to impair or affect the authority of the Secretary to recover 

funds under part D of the General Education Provisions Act 

(20 U.S.C. 1234 et seq.). 

‘‘(k) PER-PUPIL FACILITIES AID PROGRAM.— ‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID PROGRAM.— In this subsection, the term ‘per-pupil facilities aid program’ 

means a program in which a State makes payments, on a 

per-pupil basis, to charter schools to provide the schools with 

financing— 

‘‘(A) that is dedicated solely to funding charter school 

facilities; or 

‘‘(B) a portion of which is dedicated for funding charter 

school facilities. 

‘‘(2) GRANTS.— ‘‘(A) IN GENERAL.—From the amount reserved under 

section 4302(b)(1) and remaining after the Secretary makes 

grants under subsection (a), the Secretary shall make 

grants, on a competitive basis, to States to pay for the 

Federal share of the cost of establishing or enhancing, 

and administering, per-pupil facilities aid programs. 

‘‘(B) PERIOD.—The Secretary shall award grants under 

this subsection for periods of not more than 5 years. 

‘‘(C) FEDERAL SHARE.—The Federal share of the cost 

described in subparagraph (A) for a per-pupil facilities 

aid program shall be not more than— 

‘‘(i) 90 percent of the cost, for the first fiscal year 

for which the program receives assistance under this 

subsection; 

‘‘(ii) 80 percent for the second such year; 

‘‘(iii) 60 percent for the third such year; 

‘‘(iv) 40 percent for the fourth such year; and 

‘‘(v) 20 percent for the fifth such year. 

‘‘(D) STATE SHARE.—A State receiving a grant under 

this subsection may partner with 1 or more organizations, 

and such organizations may provide not more than 50 

percent of the State share of the cost of establishing or 

enhancing, and administering, the per-pupil facilities aid 

program. 

‘‘(E) MULTIPLE GRANTS.—A State may receive more 

than 1 grant under this subsection, so long as the amount 

of total funds provided to charter schools increases with 

each successive grant. 

‘‘(3) USE OF FUNDS.— ‘‘(A) IN GENERAL.—A State that receives a grant under 

this subsection shall use the funds made available through 

the grant to establish or enhance, and administer, a perpupil facilities aid program for charter schools in the State 

of the applicant. 

‘‘(B) EVALUATIONS; TECHNICAL ASSISTANCE; DISSEMINA- TION.—From the amount made available to a State through 

a grant under this subsection for a fiscal year, the State 
S. 1177—208 

may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate 

information. 

‘‘(C) SUPPLEMENT, NOT SUPPLANT.—Funds made available under this subsection shall be used to supplement, 

and not supplant, State and local public funds expended 

to provide per-pupil facilities aid programs, operations 

financing programs, or other programs, for charter schools. 

‘‘(4) REQUIREMENTS.— ‘‘(A) VOLUNTARY PARTICIPATION.—No State may be 

required to participate in a program carried out under 

this subsection. 

‘‘(B) STATE LAW.— 

‘‘(i) IN GENERAL.—To be eligible to receive a grant 

under this subsection, a State shall establish or 

enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— 

‘‘(I) is specified in State law; and 

‘‘(II) provides annual financing, on a per-pupil 

basis, for charter school facilities. 

‘‘(ii) SPECIAL RULE.—A State that is required under 

State law to provide its charter schools with access 

to adequate facility space, but that does not have a 

per-pupil facilities aid program for charter schools 

specified in State law, is eligible to receive a grant 

under this subsection if the State agrees to use the 

funds to develop a per-pupil facilities aid program consistent with the requirements of this subsection. 

‘‘(5) APPLICATIONS.—To be eligible to receive a grant under 

this subsection, a State shall submit an application to the 

Secretary at such time, in such manner, and containing such 

information as the Secretary may require. 

‘‘SEC. 4305. NATIONAL ACTIVITIES. 

‘‘(a) IN GENERAL.—From the amount reserved under section 

4302(b)(2), the Secretary shall— 

‘‘(1) use not more than 80 percent of such funds to award 

grants in accordance with subsection (b); 

‘‘(2) use not more than 9 percent of such funds to award 

grants, on a competitive basis, to eligible applicants for the 

purpose of carrying out the activities described in section 

4303(h) in a State that did not receive a grant under section 

4303; and 

‘‘(3) after the uses described in paragraphs (1) and (2), 

use the remainder of such funds to— 

‘‘(A) disseminate technical assistance to— 

‘‘(i) State entities in awarding subgrants under 

section 4303(b)(1); and 

‘‘(ii) eligible entities and States receiving grants 

under section 4304; 

‘‘(B) disseminate best practices regarding charter 

schools; and 

‘‘(C) evaluate the impact of the charter school program 

carried out under this part, including the impact on student 

achievement. 

‘‘(b) GRANTS FOR THE REPLICATION AND EXPANSION OF HIGH- QUALITY CHARTER SCHOOLS.— 
S. 1177—209 

‘‘(1) IN GENERAL.—The Secretary shall make grants, on 

a competitive basis, to eligible entities having applications 

approved under paragraph (3) to enable such entities to open 

and prepare for the operation of one or more replicated highquality charter schools or to expand one or more high-quality 

charter schools. 

‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—For purposes of this 

subsection, the term ‘eligible entity’ means a charter management organization. 

‘‘(3) APPLICATION REQUIREMENTS.—An eligible entity 

desiring to receive a grant under this subsection shall submit 

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

as the Secretary may require. The application shall include 

the following: 

‘‘(A) EXISTING CHARTER SCHOOL DATA.—For each 

charter school currently operated or managed by the 

eligible entity— 

‘‘(i) student assessment results for all students 

and for each subgroup of students described in section 

1111(c)(2); 

‘‘(ii) attendance and student retention rates for 

the most recently completed school year and, if 

applicable, the most recent available 4-year adjusted 

cohort graduation rates and extended-year adjusted 

cohort graduation rates; and 

‘‘(iii) information on any significant compliance and 

management issues encountered within the last 3 

school years by any school operated or managed by 

the eligible entity, including in the areas of student 

safety and finance. 

‘‘(B) DESCRIPTIONS.—A description of— 

‘‘(i) the eligible entity’s objectives for implementing 

a high-quality charter school program with funding 

under this subsection, including a description of the 

proposed number of high-quality charter schools the 

eligible entity proposes to open as a result of the replication of a high-quality charter school or to expand 

with funding under this subsection; 

‘‘(ii) the educational program that the eligible 

entity will implement in such charter schools, 

including— 

‘‘(I) information on how the program will 

enable all students to meet the challenging State 

academic standards; 

‘‘(II) the grade levels or ages of students who 

will be served; and 

‘‘(III) the instructional practices that will be 

used; 

‘‘(iii) how the operation of such charter schools 

will be sustained after the grant under this subsection 

has ended, which shall include a multi-year financial 

and operating model for the eligible entity; 

‘‘(iv) how the eligible entity will ensure that such 

charter schools will recruit and enroll students, 

including children with disabilities, English learners, 

and other educationally disadvantaged students; and 
S. 1177—210 

‘‘(v) any request and justification for any waivers 

of Federal statutory or regulatory requirements that 

the eligible entity believes are necessary for the 

successful operation of such charter schools. 

‘‘(C) ASSURANCE.—An assurance that the eligible entity 

has sufficient procedures in effect to ensure timely closure 

of low-performing or financially mismanaged charter 

schools and clear plans and procedures in effect for the 

students in such schools to attend other high-quality 

schools. 

‘‘(4) SELECTION CRITERIA.—The Secretary shall select 

eligible entities to receive grants under this subsection, on 

the basis of the quality of the applications submitted under 

paragraph (3), after taking into consideration such factors as— 

‘‘(A) the degree to which the eligible entity has demonstrated success in increasing academic achievement for 

all students and for each of the subgroups of students 

described in section 1111(c)(2) attending the charter schools 

the eligible entity operates or manages; 

‘‘(B) a determination that the eligible entity has not 

operated or managed a significant proportion of charter 

schools that— 

‘‘(i) have been closed; 

‘‘(ii) have had the school’s charter revoked due 

to problems with statutory or regulatory compliance; 

or 

‘‘(iii) have had the school’s affiliation with the 

eligible entity revoked or terminated, including 

through voluntary disaffiliation; and 

‘‘(C) a determination that the eligible entity has not 

experienced significant problems with statutory or regulatory compliance that could lead to the revocation of a 

school’s charter. 

‘‘(5) PRIORITY.—In awarding grants under this section, the 

Secretary shall give priority to eligible entities that— 

‘‘(A) plan to operate or manage high-quality charter 

schools with racially and socioeconomically diverse student 

bodies; 

‘‘(B) demonstrate success in working with schools 

identified by the State for comprehensive support and 

improvement under section 1111(c)(4)(D)(i); 

‘‘(C) propose to use funds— 

‘‘(i) to expand high-quality charter schools to serve 

high school students; or 

‘‘(ii) to replicate high-quality charter schools to 

serve high school students; or 

‘‘(D) propose to operate or manage high-quality charter 

schools that focus on dropout recovery and academic 

reentry. 

‘‘(c) TERMS AND CONDITIONS.—Except as otherwise provided, 

grants awarded under paragraphs (1) and (2) of subsection (a) 

shall have the same terms and conditions as grants awarded to 

State entities under section 4303.’’; 

(2) in section 4306 (20 U.S.C. 7221e), as redesignated by 

section 4001, by adding at the end the following: 

‘‘(c) NEW OR SIGNIFICANTLY EXPANDING CHARTER SCHOOLS.— For purposes of implementing the hold harmless protections in 
S. 1177—211 

sections 1122(c) and 1125A(g)(3) for a newly opened or significantly 

expanded charter school under this part, a State educational agency 

shall calculate a hold-harmless base for the prior year that, as 

applicable, reflects the new or significantly expanded enrollment 

of the charter school.’’; 

(3) in section 4308 (20 U.S.C. 7221g), as redesignated by 

section 4001, by inserting ‘‘as quickly as possible and’’ before 

‘‘to the extent practicable’’; 

(4) in section 4310 (20 U.S.C. 7221i), as redesignated by 

section 4001— 

(A) in the matter preceding paragraph (1), by striking 

‘‘subpart’’ and inserting ‘‘part’’; 

(B) by redesignating paragraphs (1), (2), and (3) as 

paragraphs (2), (5), and (6), respectively; 

(C) by redesignating paragraph (4) as paragraph (1), 

and moving such paragraph so as to precede paragraph 

(2), as redesignated by subparagraph (B); 

(D) in paragraph (2), as redesignated by subparagraph 

(B)— 

(i) in subparagraph (G), by striking ‘‘, and part 

B’’ and inserting ‘‘, the Americans with Disabilities 

Act of 1990 (42 U.S.C. 12101 et seq.), section 444 

of the General Education Provisions Act (20 U.S.C. 

1232g) (commonly referred to as the ‘Family Educational Rights and Privacy Act of 1974’), and part 

B’’; 

(ii) by striking subparagraph (H) and inserting 

the following: 

‘‘(H) is a school to which parents choose to send their 

children, and that— 

‘‘(i) admits students on the basis of a lottery, consistent with section 4303(c)(3)(A), if more students 

apply for admission than can be accommodated; or 

‘‘(ii) in the case of a school that has an affiliated 

charter school (such as a school that is part of the 

same network of schools), automatically enrolls students who are enrolled in the immediate prior grade 

level of the affiliated charter school and, for any additional student openings or student openings created 

through regular attrition in student enrollment in the 

affiliated charter school and the enrolling school, 

admits students on the basis of a lottery as described 

in clause (i);’’; 

(iii) by striking subparagraph (I) and inserting 

the following: 

‘‘(I) agrees to comply with the same Federal and State 

audit requirements as do other elementary schools and 

secondary schools in the State, unless such State audit 

requirements are waived by the State;’’; 

(iv) in subparagraph (K), by striking ‘‘and’’ at the 

end; 

(v) in subparagraph (L), by striking the period 

at the end and inserting ‘‘; and’’; and 

(vi) by adding at the end the following: 

‘‘(M) may serve students in early childhood 

education programs or postsecondary students.’’; 
S. 1177—212 

(E) by inserting after paragraph (2), as redesignated 

by subparagraph (B), the following: 

‘‘(3) CHARTER MANAGEMENT ORGANIZATION.—The term 

‘charter management organization’ means a nonprofit organization that operates or manages a network of charter schools 

linked by centralized support, operations, and oversight. 

‘‘(4) CHARTER SCHOOL SUPPORT ORGANIZATION.—The term 

‘charter school support organization’ means a nonprofit, nongovernmental entity that is not an authorized public chartering 

agency and provides, on a statewide basis— 

‘‘(A) assistance to developers during the planning, program design, and initial implementation of a charter school; 

and 

‘‘(B) technical assistance to operating charter schools.’’; 

(F) in paragraph (6)(B), as redesignated by subparagraph (B), by striking ‘‘under section 5203(d)(3)’’; and 

(G) by adding at the end the following: 

‘‘(7) EXPAND.—The term ‘expand’, when used with respect 

to a high-quality charter school, means to significantly increase 

enrollment or add one or more grades to the high-quality 

charter school. 

‘‘(8) HIGH-QUALITY CHARTER SCHOOL.—The term ‘highquality charter school’ means a charter school that— 

‘‘(A) shows evidence of strong academic results, which 

may include strong student academic growth, as determined by a State; 

‘‘(B) has no significant issues in the areas of student 

safety, financial and operational management, or statutory 

or regulatory compliance; 

‘‘(C) has demonstrated success in significantly 

increasing student academic achievement, including 

graduation rates where applicable, for all students served 

by the charter school; and 

‘‘(D) has demonstrated success in increasing student 

academic achievement, including graduation rates where 

applicable, for each of the subgroups of students, as defined 

in section 1111(c)(2), except that such demonstration is 

not required in a case in which the number of students 

in a group is insufficient to yield statistically reliable 

information or the results would reveal personally identifiable information about an individual student. 

‘‘(9) REPLICATE.—The term ‘replicate’, when used with 

respect to a high-quality charter school, means to open a new 

charter school, or a new campus of a high-quality charter 

school, based on the educational model of an existing highquality charter school, under an existing charter or an additional charter, if permitted or required by State law.’’; and 

(5) by striking section 4311 (20 U.S.C. 7221j), as redesignated by section 4001, and inserting the following: 

‘‘SEC. 4311. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this 

part— ‘‘(1) $270,000,000 for fiscal year 2017; 

‘‘(2) $270,000,000 for fiscal year 2018; 

‘‘(3) $300,000,000 for fiscal year 2019; and 

‘‘(4) $300,000,000 for fiscal year 2020.’’. 
S. 1177—213 

PART D—MAGNET SCHOOLS ASSISTANCE 

SEC. 4401. MAGNET SCHOOLS ASSISTANCE. 

Part D of title IV (20 U.S.C. 7201 et seq.), as amended by 

section 4001(b)(3), is further amended— 

(1) in section 4401— 

(A) in subsection (a)(2)— 

(i) by striking ‘‘2,000,000’’ and inserting 

‘‘2,500,000’’; and 

(ii) by striking ‘‘65’’ and inserting ‘‘69’’; and 

(B) in subsection (b)— 

(i) in paragraph (2)— 

(I) by striking ‘‘and implementation’’ and 

inserting ‘‘, implementation, and expansion’’; and 

(II) by striking ‘‘content standards and student 

academic achievement standards’’ and inserting 

‘‘standards’’; 

(ii) in paragraph (3), by striking ‘‘and design’’ and 

inserting ‘‘, design, and expansion’’; 

(iii) in paragraph (4), by striking ‘‘vocational’’ and 

inserting ‘‘career’’; and 

(iv) in paragraph (6), by striking ‘‘productive’’; 

(2) in section 4405(b)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by inserting ‘‘any available 

evidence on, or if such evidence is not available, a 

rationale, based on current research, for’’ before ‘‘how 

the proposed magnet school programs’’; 

(ii) in subparagraph (B), by inserting ‘‘, including 

any evidence, or if such evidence is not available, a 

rationale based on current research findings, to support 

such description’’ before the semicolon; 

(iii) by redesignating subparagraphs (D) and (E) 

as subparagraphs (E) and (F), respectively; and 

(iv) by inserting after subparagraph (C) the following: 

‘‘(D) how the applicant will assess, monitor, and 

evaluate the impact of the activities funded under this 

part on student achievement and integration;’’; and 

(B) in paragraph (2)— 

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

5301(b)’’ and inserting ‘‘section 4401(b)’’; and 

(ii) in subparagraph (B), by striking ‘‘highly qualified’’ and inserting ‘‘effective’’; 

(3) in section 4406, by striking paragraphs (2) and (3) 

and inserting the following: 

‘‘(2) propose to— 

‘‘(A) carry out a new, evidence-based magnet school 

program; 

‘‘(B) significantly revise an existing magnet school program, using evidence-based methods and practices, as 

available; or 

‘‘(C) replicate an existing magnet school program that 

has a demonstrated record of success in increasing student 

academic achievement and reducing isolation of minority 

groups; 
S. 1177—214 

‘‘(3) propose to select students to attend magnet school 

programs by methods such as lottery, rather than through 

academic examination; and 

‘‘(4) propose to increase racial integration by taking into 

account socioeconomic diversity in designing and implementing 

magnet school programs.’’; 

(4) in section 4407— 

(A) in subsection (a)— 

(i) in paragraph (3), by striking ‘‘highly qualified’’ 

and inserting ‘‘effective’’; 

(ii) in paragraph (6), by striking ‘‘and’’ at the end; 

(iii) in paragraph (7), by striking the period at 

the end and inserting a semicolon; and 

(iv) by adding at the end the following: 

‘‘(8) to enable the local educational agency, or consortium 

of such agencies, or other organizations partnered with such 

agency or consortium, to establish, expand, or strengthen interdistrict and regional magnet programs; and 

‘‘(9) notwithstanding section 426 of the General Education 

Provisions Act (20 U.S.C. 1228), to provide transportation to 

and from the magnet school, provided that— 

‘‘(A) such transportation is sustainable beyond the 

grant period; and 

‘‘(B) the costs of providing transportation do not represent a significant portion of the grant funds received 

by the eligible local educational agency under this part 

.’’; and 

(B) by striking subsection (b) and inserting the following: 

‘‘(b) SPECIAL RULE.—Grant funds under this part may be used 

for activities described in paragraphs (2) and (3) of subsection 

(a) only if the activities are directly related to improving student 

academic achievement based on the challenging State academic 

standards or directly related to improving student reading skills 

or knowledge of mathematics, science, history, geography, English, 

foreign languages, art, or music, or to improving career, technical, 

and professional skills.’’; 

(5) in section 4408— 

(A) in subsection (a), by striking ‘‘3’’ and inserting 

‘‘5’’; 

(B) by striking subsection (c) and inserting the following: 

‘‘(c) AMOUNT.—No grant awarded under this part to a local 

educational agency, or a consortium of such agencies, shall be 

for more than $15,000,000 for the grant period described in subsection (a).’’; and 

(C) in subsection (d), by striking ‘‘July’’ and inserting 

‘‘June’’; 

(6) in section 4409— 

(A) by striking subsection (a) and inserting the following: 

‘‘(a) AUTHORIZATION.—There are authorized to be appropriated 

to carry out this part the following amounts: ‘‘(1) $94,000,000 for fiscal year 2017. 

‘‘(2) $96,820,000 for fiscal year 2018. 

‘‘(3) $102,387,150 for fiscal year 2019. 

‘‘(4) $108,530,379 for fiscal year 2020.’’. 
S. 1177—215 

(B) by redesignating subsection (b) as subsection (c); 

and 

(C) by inserting after subsection (a) the following: 

‘‘(b) RESERVATION FOR TECHNICAL ASSISTANCE.—The Secretary 

may reserve not more than 1 percent of the funds appropriated 

under subsection (a) for any fiscal year to provide technical assistance and share best practices with respect to magnet school programs assisted under this part.’’. 

PART E—FAMILY ENGAGEMENT IN 

EDUCATION PROGRAMS 

SEC. 4501. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS. 

Title IV (20 U.S.C. 7101 et seq.), as amended by section 4001, 

is further amended by adding at the end the following: 

‘‘PART E—FAMILY ENGAGEMENT IN 

EDUCATION PROGRAMS 

‘‘SEC. 4501. PURPOSES. 

‘‘The purposes of this part are the following: 

‘‘(1) To provide financial support to organizations to provide 

technical assistance and training to State educational agencies 

and local educational agencies in the implementation and 

enhancement of systemic and effective family engagement policies, programs, and activities that lead to improvements in 

student development and academic achievement. 

‘‘(2) To assist State educational agencies, local educational 

agencies, community-based organizations, schools, and educators in strengthening partnerships among parents, teachers, 

school leaders, administrators, and other school personnel in 

meeting the educational needs of children and fostering greater 

parental engagement. 

‘‘(3) To support State educational agencies, local educational agencies, schools, educators, and parents in developing 

and strengthening the relationship between parents and their 

children’s school in order to further the developmental progress 

of children. 

‘‘(4) To coordinate activities funded under this part with 

parent involvement initiatives funded under section 1116 and 

other provisions of this Act. 

‘‘(5) To assist the Secretary, State educational agencies, 

and local educational agencies in the coordination and integration of Federal, State, and local services and programs to engage 

families in education. 

‘‘SEC. 4502. GRANTS AUTHORIZED. 

‘‘(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.—From the 

amount appropriated under section 4506 and not reserved under 

subsection (d), the Secretary is authorized to award grants for 

each fiscal year to statewide organizations (or consortia of such 

organizations), to establish statewide family engagement centers 

that— 

‘‘(1) carry out parent education, and family engagement 

in education, programs; or 
S. 1177—216 

‘‘(2) provide comprehensive training and technical assistance to State educational agencies, local educational agencies, 

schools identified by State educational agencies and local educational agencies, organizations that support family-school partnerships, and other organizations that carry out such programs. 

‘‘(b) MINIMUM AWARD.—In awarding grants under this section, 

the Secretary shall, to the extent practicable, ensure that a grant 

is awarded for a statewide family engagement center in an amount 

not less than $500,000. 

‘‘(c) MATCHING FUNDS FOR GRANT RENEWAL.—Each organization or consortium receiving assistance under this part shall demonstrate that, for each fiscal year after the first fiscal year for 

which the organization or consortium is receiving such assistance, 

a portion of the services provided by the organization or consortium 

is supported through non-Federal contributions, which may be in 

cash or in-kind. 

‘‘(d) TECHNICAL ASSISTANCE.—The Secretary shall reserve not 

more than 2 percent of the funds appropriated under section 4506 

to carry out this part to provide technical assistance, by competitive 

grant or contract, for the establishment, development, and coordination of statewide family engagement centers. 

‘‘SEC. 4503. APPLICATIONS. 

‘‘(a) SUBMISSIONS.—Each statewide organization, or a consortium of such organizations, that desires a grant under this part 

shall submit an application to the Secretary at such time and 

in such manner as the Secretary may require, which shall include 

the information described in subsection (b). 

‘‘(b) CONTENTS.—Each application submitted under subsection 

(a) shall include, at a minimum, the following: 

‘‘(1) A description of the applicant’s approach to family 

engagement in education. 

‘‘(2) A description of how the State educational agency 

and any partner organization will support the statewide family 

engagement center that will be operated by the applicant 

including a description of the State educational agency and 

any partner organization’s commitment of such support. 

‘‘(3) A description of the applicant’s plan for building a 

statewide infrastructure for family engagement in education, 

that includes— 

‘‘(A) management and governance; 

‘‘(B) statewide leadership; or 

‘‘(C) systemic services for family engagement in education. 

‘‘(4) A description of the applicant’s demonstrated experience in providing training, information, and support to State 

educational agencies, local educational agencies, schools, educators, parents, and organizations on family engagement in 

education policies and practices that are effective for parents 

(including low-income parents) and families, parents of English 

learners, minorities, students with disabilities, homeless children and youth, children and youth in foster care, and migrant 

students, including evaluation results, reporting, or other data 

exhibiting such demonstrated experience. 

‘‘(5) A description of the steps the applicant will take to 

target services to low-income students and parents. 

‘‘(6) An assurance that the applicant will— 
S. 1177—217 

‘‘(A) establish a special advisory committee, the membership of which includes— 

‘‘(i) parents, who shall constitute a majority of 

the members of the special advisory committee; 

‘‘(ii) representatives of education professionals with 

expertise in improving services for disadvantaged children; 

‘‘(iii) representatives of local elementary schools 

and secondary schools, including students; 

‘‘(iv) representatives of the business community; 

and 

‘‘(v) representatives of State educational agencies 

and local educational agencies; 

‘‘(B) use not less than 65 percent of the funds received 

under this part in each fiscal year to serve local educational 

agencies, schools, and community-based organizations that 

serve high concentrations of disadvantaged students, 

including students who are English learners, minorities, 

students with disabilities, homeless children and youth, 

children and youth in foster care, and migrant students; 

‘‘(C) operate a statewide family engagement center of 

sufficient size, scope, and quality to ensure that the center 

is adequate to serve the State educational agency, local 

educational agencies, and community-based organizations; 

‘‘(D) ensure that the statewide family engagement 

center will retain staff with the requisite training and 

experience to serve parents in the State; 

‘‘(E) serve urban, suburban, and rural local educational 

agencies and schools; 

‘‘(F) work with— 

‘‘(i) other statewide family engagement centers 

assisted under this part; and 

‘‘(ii) parent training and information centers and 

community parent resource centers assisted under sections 671 and 672 of the Individuals with Disabilities 

Education Act (20 U.S.C. 1471; 1472); 

‘‘(G) use not less than 30 percent of the funds received 

under this part for each fiscal year to establish or expand 

technical assistance for evidence-based parent education 

programs; 

‘‘(H) provide assistance to State educational agencies, 

local educational agencies, and community-based organizations that support family members in supporting student 

academic achievement; 

‘‘(I) work with State educational agencies, local educational agencies, schools, educators, and parents to determine parental needs and the best means for delivery of 

services to address such needs; 

‘‘(J) conduct sufficient outreach to assist parents, 

including parents who the applicant may have a difficult 

time engaging with a school or local educational agency; 

and 

‘‘(K) conduct outreach to low-income students and parents, including low-income students and parents who are 

not proficient in English. 
S. 1177—218 

‘‘(7) An assurance that the applicant will conduct training 

programs in the community to improve adult literacy, including 

financial literacy. 

‘‘(c) PRIORITY.—In awarding grants for activities described in 

this part, the Secretary shall give priority to statewide family 

engagement centers that will use funds under section 4504 for 

evidence-based activities, which, for the purposes of this part is 

defined as activities meeting the requirements of section 

8101(21)(A)(i). 

‘‘SEC. 4504. USES OF FUNDS. 

‘‘(a) IN GENERAL.—Each statewide organization or consortium 

receiving a grant under this part shall use the grant funds, based 

on the needs determined under section 4503(b)(6)(I), to provide 

training and technical assistance to State educational agencies, 

local educational agencies, and organizations that support familyschool partnerships, and activities, services, and training for local 

educational agencies, school leaders, educators, and parents— 

‘‘(1) to assist parents in participating effectively in their 

children’s education and to help their children meet challenging 

State academic standards, such as by assisting parents— 

‘‘(A) to engage in activities that will improve student 

academic achievement, including understanding how parents can support learning in the classroom with activities 

at home and in after school and extracurricular programs; 

‘‘(B) to communicate effectively with their children, 

teachers, school leaders, counselors, administrators, and 

other school personnel; 

‘‘(C) to become active participants in the development, 

implementation, and review of school-parent compacts, 

family engagement in education policies, and school planning and improvement; 

‘‘(D) to participate in the design and provision of assistance to students who are not making academic progress; 

‘‘(E) to participate in State and local decisionmaking; 

‘‘(F) to train other parents; and 

‘‘(G) in learning and using technology applied in their 

children’s education; 

‘‘(2) to develop and implement, in partnership with the 

State educational agency, statewide family engagement in education policy and systemic initiatives that will provide for a 

continuum of services to remove barriers for family engagement 

in education and support school reform efforts; and 

‘‘(3) to develop and implement parental involvement policies 

under this Act. 

‘‘(b) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to prohibit a statewide family engagement center 

from— 

‘‘(1) having its employees or agents meet with a parent 

at a site that is not on school grounds; or 

‘‘(2) working with another agency that serves children. 

‘‘(c) PARENTAL RIGHTS.—Notwithstanding any other provision 

of this section— 

‘‘(1) no person (including a parent who educates a child 

at home, a public school parent, or a private school parent) 

shall be required to participate in any program of parent education or developmental screening under this section; and 
S. 1177—219 

‘‘(2) no program or center assisted under this section shall 

take any action that infringes in any manner on the right 

of parents to direct the education of their children. 

‘‘SEC. 4505. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 

‘‘The Secretary of the Interior, in consultation with the Secretary of Education, shall establish, or enter into contracts and 

cooperative agreements with, local tribes, tribal organizations, or 

Indian nonprofit parent organizations to establish and operate 

family engagement centers. 

‘‘SEC. 4506. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this 

part $10,000,000 for each of fiscal years 2017 through 2020.’’.’’. 

PART F—NATIONAL ACTIVITIES 

SEC. 4601. NATIONAL ACTIVITIES. 

Title IV (20 U.S.C. 7101 et seq.), as amended by the previous 

provisions of this title, is further amended by adding at the end 

the following: 

‘‘PART F—NATIONAL ACTIVITIES 

‘‘SEC. 4601. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS. 

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this part— 

‘‘(1) $200,741,000 for each of fiscal years 2017 and 2018; 

and 

‘‘(2) $220,741,000 for each of fiscal years 2019 and 2020. 

‘‘(b) RESERVATIONS.—From the amounts appropriated under 

subsection (a) for a fiscal year, the Secretary shall— 

‘‘(1) reserve $5,000,000 to carry out activities authorized 

under subpart 3; and 

‘‘(2) from the amounts remaining after the reservation 

under paragraph (1)— 

‘‘(A) carry out activities authorized under subpart 1 

using— 

‘‘(i) 36 percent of such remainder for each of fiscal 

years 2017 and 2018; and 

‘‘(ii) 42 percent of such remainder for each of fiscal 

years 2019 and 2020; 

‘‘(B) carry out activities authorized under subpart 2 

using— 

‘‘(i) 36 percent of such remainder for each of fiscal 

years 2017 and 2018; and 

‘‘(ii) 32 percent of such remainder for each of fiscal 

years 2019 and 2020; and 

‘‘(C) to carry out activities authorized under subpart 

4— 

‘‘(i) 28 percent of such remainder for each of fiscal 

years 2017 and 2018; and 

‘‘(ii) 26 percent of such remainder for each of fiscal 

years 2019 and 2020. 
S. 1177—220 

‘‘Subpart 1—Education Innovation and Research 

‘‘SEC. 4611. GRANTS FOR EDUCATION INNOVATION AND RESEARCH. 

‘‘(a) PROGRAM AUTHORIZED.— ‘‘(1) IN GENERAL.—From funds reserved under section 

4601(b)(2)(A), the Secretary shall make grants to eligible entities to enable the eligible entities to— 

‘‘(A) create, develop, implement, replicate, or take to 

scale entrepreneurial, evidence-based, field-initiated 

innovations to improve student achievement and attainment for high-need students; and 

‘‘(B) rigorously evaluate such innovations, in accordance with subsection (e). 

‘‘(2) DESCRIPTION OF GRANTS.—The grants described in 

paragraph (1) shall include— 

‘‘(A) early-phase grants to fund the development, 

implementation, and feasibility testing of a program, which 

prior research suggests has promise, for the purpose of 

determining whether the program can successfully improve 

student achievement or attainment for high-need students; 

‘‘(B) mid-phase grants to fund implementation and a 

rigorous evaluation of a program that has been successfully 

implemented under an early-phase grant described in 

subparagraph (A) or other effort meeting similar criteria, 

for the purpose of measuring the program’s impact and 

cost effectiveness, if possible using existing administrative 

data; and 

‘‘(C) expansion grants to fund implementation and a 

rigorous replication evaluation of a program that has been 

found to produce sizable, important impacts under a midphase grant described in subparagraph (B) or other effort 

meeting similar criteria, for the purposes of— 

‘‘(i) determining whether such impacts can be 

successfully reproduced and sustained over time; and 

‘‘(ii) identifying the conditions in which the program is most effective. 

‘‘(b) ELIGIBLE ENTITY.—In this subpart, the term ‘eligible entity’ 

means any of the following: 

‘‘(1) A local educational agency. 

‘‘(2) A State educational agency. 

‘‘(3) The Bureau of Indian Education. 

‘‘(4) A consortium of State educational agencies or local 

educational agencies. 

‘‘(5) A nonprofit organization. 

‘‘(6) A State educational agency, a local educational agency, 

a consortium described in paragraph (4), or the Bureau of 

Indian Education, in partnership with— 

‘‘(A) a nonprofit organization; 

‘‘(B) a business; 

‘‘(C) an educational service agency; or 

‘‘(D) an institution of higher education. 

‘‘(c) RURAL AREAS.— 

‘‘(1) IN GENERAL.—In awarding grants under subsection 

(a), the Secretary shall ensure that not less than 25 percent 

of the funds made available for any fiscal year are awarded 

for programs that meet both of the following requirements: 

‘‘(A) The grantee is— 
S. 1177—221 

‘‘(i) a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as 

determined by the Secretary; 

‘‘(ii) a consortium of such local educational agencies; 

‘‘(iii) an educational service agency or a nonprofit 

organization in partnership with such a local educational agency; or 

‘‘(iv) a grantee described in clause (i) or (ii) in 

partnership with a State educational agency. 

‘‘(B) A majority of the schools to be served by the 

program are designated with a locale code of 32, 33, 41, 

42, or 43, or a combination of such codes, as determined 

by the Secretary. 

‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the Secretary shall reduce the amount of funds made available under 

such paragraph if the Secretary does not receive a sufficient 

number of applications of sufficient quality. 

‘‘(d) MATCHING FUNDS.—In order to receive a grant under subsection (a), an eligible entity shall demonstrate that the eligible 

entity will provide matching funds, in cash or through in-kind 

contributions, from Federal, State, local, or private sources in an 

amount equal to 10 percent of the funds provided under such 

grant, except that the Secretary may waive the matching funds 

requirement, on a case-by-case basis, upon a showing of exceptional 

circumstances, such as— 

‘‘(1) the difficulty of raising matching funds for a program 

to serve a rural area; 

‘‘(2) the difficulty of raising matching funds in areas with 

a concentration of local educational agencies or schools with 

a high percentage of students aged 5 through 17— 

‘‘(A) who are in poverty, as counted in the most recent 

census data approved by the Secretary; 

‘‘(B) who are eligible for a free or reduced price lunch 

under the Richard B. Russell National School Lunch Act 

(42 U.S.C. 1751 et seq.); 

‘‘(C) whose families receive assistance under the State 

program funded under part A of title IV of the Social 

Security Act (42 U.S.C. 601 et seq.); or 

‘‘(D) who are eligible to receive medical assistance 

under the Medicaid program; and 

‘‘(3) the difficulty of raising funds on tribal land. 

‘‘(e) EVALUATION.—Each recipient of a grant under this section 

shall conduct an independent evaluation of the effectiveness of 

the program carried out under such grant. 

‘‘(f) TECHNICAL ASSISTANCE.—The Secretary may reserve not 

more than 5 percent of the funds appropriated under section 

4601(b)(2)(A) for each fiscal year to— 

‘‘(1) provide technical assistance for eligibility entities, 

which may include pre-application workshops, web-based seminars, and evaluation support; and 

‘‘(2) to disseminate best practices. 
S. 1177—222 

‘‘Subpart 2—Community Support for School 

Success 

‘‘SEC. 4621. PURPOSES. 

‘‘The purposes of this subpart are to— 

‘‘(1) significantly improve the academic and developmental 

outcomes of children living in the most distressed communities 

of the United States, including ensuring school readiness, high 

school graduation, and access to a community-based continuum 

of high-quality services; and 

‘‘(2) provide support for the planning, implementation, and 

operation of full-service community schools that improve the 

coordination and integration, accessibility, and effectiveness of 

services for children and families, particularly for children 

attending high-poverty schools, including high-poverty rural 

schools. 

‘‘SEC. 4622. DEFINITIONS. 

‘‘In this subpart: 

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means the 

following: 

‘‘(A) With respect to a grant for activities described 

in section 4623(a)(1)(A)— 

‘‘(i) an institution of higher education, as defined 

in section 102 of the Higher Education Act of 1965 

(20 U.S.C. 1002); 

‘‘(ii) an Indian tribe or tribal organization, as 

defined in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450b); or 

‘‘(iii) one or more nonprofit entities working in 

formal partnership with not less than 1 of the following 

entities: 

‘‘(I) A high-need local educational agency. 

‘‘(II) An institution of higher education, as 

defined in section 102 of the Higher Education 

Act of 1965 (20 U.S.C. 1002). 

‘‘(III) The office of a chief elected official of 

a unit of local government. 

‘‘(IV) An Indian tribe or tribal organization, 

as defined under section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 

450b). 

‘‘(B) With respect to a grant for activities described 

in section 4623(a)(1)(B), a consortium of— 

‘‘(i)(I) 1 or more local educational agencies; or 

‘‘(II) the Bureau of Indian Education; and 

‘‘(ii) 1 or more community-based organizations, 

nonprofit organizations, or other public or private entities. 

‘‘(2) FULL-SERVICE COMMUNITY SCHOOL.—The term ‘fullservice community school’ means a public elementary school 

or secondary school that— 

‘‘(A) participates in a community-based effort to coordinate and integrate educational, developmental, family, 

health, and other comprehensive services through community-based organizations and public and private partnerships; and 
S. 1177—223 

‘‘(B) provides access to such services in school to students, families, and the community, such as access during 

the school year (including before- and after-school hours 

and weekends), as well as during the summer. 

‘‘(3) PIPELINE SERVICES.—The term ‘pipeline services’ means 

a continuum of coordinated supports, services, and opportunities for children from birth through entry into and success 

in postsecondary education, and career attainment. Such services shall include, at a minimum, strategies to address through 

services or programs (including integrated student supports) 

the following: 

‘‘(A) High-quality early childhood education programs. 

‘‘(B) High-quality school and out-of-school-time programs and strategies. 

‘‘(C) Support for a child’s transition to elementary 

school, from elementary school to middle school, from 

middle school to high school, and from high school into 

and through postsecondary education and into the 

workforce, including any comprehensive readiness assessment determined necessary. 

‘‘(D) Family and community engagement and supports, 

which may include engaging or supporting families at 

school or at home. 

‘‘(E) Activities that support postsecondary and 

workforce readiness, which may include job training, 

internship opportunities, and career counseling. 

‘‘(F) Community-based support for students who have 

attended the schools in the area served by the pipeline, 

or students who are members of the community, facilitating 

their continued connection to the community and success 

in postsecondary education and the workforce. 

‘‘(G) Social, health, nutrition, and mental health services and supports. 

‘‘(H) Juvenile crime prevention and rehabilitation programs. 

‘‘SEC. 4623. PROGRAM AUTHORIZED. 

‘‘(a) PROGRAM AUTHORIZED.— 

‘‘(1) IN GENERAL.—The Secretary shall use not less than 

95 percent of the amounts made available under section 

4601(b)(2)(B) to award grants, on a competitive basis and subject to subsection (e), to eligible entities for the following activities: 

‘‘(A) PROMISE NEIGHBORHOODS.—The implementation 

of a comprehensive, effective continuum of coordinated 

services that meets the purpose described in section 4621(1) 

by carrying out activities in neighborhoods with— 

‘‘(i) high concentrations of low-income individuals; 

‘‘(ii) multiple signs of distress, which may include 

high rates of poverty, childhood obesity, academic 

failure, and juvenile delinquency, adjudication, or 

incarceration; and 

‘‘(iii) schools implementing comprehensive support 

and improvement activities or targeted support and 

improvement activities under section 1111(d). 
S. 1177—224 

‘‘(B) FULL-SERVICE COMMUNITY SCHOOLS.—The provision of assistance to public elementary schools or secondary 

schools to function as full-service community schools. 

‘‘(2) SUFFICIENT SIZE AND SCOPE.—Each grant awarded 

under this subpart shall be of sufficient size and scope to 

allow the eligible entity to carry out the applicable purposes 

of this subpart. 

‘‘(b) DURATION.—A grant awarded under this subpart shall 

be for a period of not more than 5 years, and may be extended 

for an additional period of not more than 2 years. 

‘‘(c) CONTINUED FUNDING.—Continued funding of a grant under 

this subpart, including a grant extended under subsection (b), after 

the third year of the initial grant period shall be contingent on 

the eligible entity’s progress toward meeting— 

‘‘(1) with respect to a grant for activities described in section 

4624, the performance metrics described in section 4624(h); 

and 

‘‘(2) with respect to a grant for activities described in section 

4625, annual performance objectives and outcomes under section 4625(a)(4)(C). 

‘‘(d) MATCHING REQUIREMENTS.— 

‘‘(1) PROMISE NEIGHBORHOOD ACTIVITIES.— 

‘‘(A) MATCHING FUNDS.—Each eligible entity receiving 

a grant under this subpart for activities described in section 

4624 shall contribute matching funds in an amount equal 

to not less than 100 percent of the amount of the grant. 

Such matching funds shall come from Federal, State, local, 

and private sources. 

‘‘(B) PRIVATE SOURCES.—The Secretary shall require 

that a portion of the matching funds come from private 

sources, which may include in-kind contributions. 

‘‘(C) ADJUSTMENT.—The Secretary may adjust the 

matching funds requirement under this paragraph for 

applicants that demonstrate high need, including 

applicants from rural areas and applicants that wish to 

provide services on tribal lands. 

‘‘(D) FINANCIAL HARDSHIP WAIVER.—The Secretary may 

waive or reduce, on a case-by-case basis, the matching 

requirement under this paragraph, including the requirement for funds from private sources, for a period of 1 

year at a time, if the eligible entity demonstrates significant 

financial hardship. 

‘‘(2) FULL-SERVICE COMMUNITY SCHOOLS ACTIVITIES.— 

‘‘(A) IN GENERAL.—Each eligible entity receiving a 

grant under this subpart for activities described in section 

4625 shall provide matching funds from non-Federal 

sources, which may be provided in part with in-kind contributions. 

‘‘(B) SPECIAL RULE.—The Bureau of Indian Education 

may meet the requirement of subparagraph (A) using funds 

from other Federal sources. 

‘‘(3) SPECIAL RULES.— 

‘‘(A) IN GENERAL.—The Secretary may not require any 

eligible entity receiving a grant under this subpart to provide matching funds in an amount that exceeds the amount 

of the grant award. 
S. 1177—225 

‘‘(B) CONSIDERATION.—Notwithstanding this subsection, the Secretary shall not consider the ability of an 

eligible entity to match funds when determining which 

applicants will receive grants under this subpart. 

‘‘(e) RESERVATION FOR RURAL AREAS.— 

‘‘(1) IN GENERAL.—From the amounts allocated under subsection (a) for grants to eligible entities, the Secretary shall 

use not less than 15 percent of such amounts to award grants 

to eligible entities that propose to carry out the activities 

described in such subsection in rural areas. 

‘‘(2) EXCEPTION.—The Secretary shall reduce the amount 

described in paragraph (1) if the Secretary does not receive 

a sufficient number of applications of sufficient quality. 

‘‘(f) MINIMUM NUMBER OF GRANTS.—For each fiscal year, the 

Secretary shall award under this subpart not fewer than 3 grants 

for activities described in section 4624 and not fewer than 10 

grants for activities described in section 4625, subject to the availability of appropriations, the requirements of subsection (a)(2), and 

the number and quality of applications. 

‘‘SEC. 4624. PROMISE NEIGHBORHOODS. 

‘‘(a) APPLICATION REQUIREMENTS.—An eligible entity desiring 

a grant under this subpart for activities described in this section 

shall submit an application to the Secretary at such time and 

in such manner as the Secretary may require, including, at a 

minimum, all of the following: 

‘‘(1) A plan to significantly improve the academic outcomes 

of children living in a neighborhood that is served by the 

eligible entity— 

‘‘(A) by providing pipeline services that address the 

needs of children in the neighborhood, as identified by 

the needs analysis described in paragraph (4); and 

‘‘(B) that is supported by effective practices. 

‘‘(2) A description of the neighborhood that the eligible 

entity will serve. 

‘‘(3) Measurable annual objectives and outcomes for the 

grant, in accordance with the metrics described in subsection 

(h), for each year of the grant. 

‘‘(4) An analysis of the needs and assets of the neighborhood 

identified in paragraph (1), including— 

‘‘(A) the size and scope of the population affected; 

‘‘(B) a description of the process through which the 

needs analysis was produced, including a description of 

how parents, families, and community members were 

engaged in such analysis; 

‘‘(C) an analysis of community assets and collaborative 

efforts (including programs already provided from Federal 

and non-Federal sources) within, or accessible to, the 

neighborhood, including, at a minimum, early learning 

opportunities, family and student supports, local 

businesses, local educational agencies, and institutions of 

higher education; 

‘‘(D) the steps that the eligible entity is taking, at 

the time of the application, to address the needs identified 

in the needs analysis; and 
S. 1177—226 

‘‘(E) any barriers the eligible entity, public agencies, 

and other community-based organizations have faced in 

meeting such needs. 

‘‘(5) A description of— 

‘‘(A) all information that the entity used to identify 

the pipeline services to be provided, which shall not include 

information that is more than 3 years old; and 

‘‘(B) how the eligible entity will— 

‘‘(i) collect data on children served by each pipeline 

service; and 

‘‘(ii) increase the percentage of children served over 

time. 

‘‘(6) A description of the process used to develop the application, including the involvement of family and community members. 

‘‘(7) A description of how the pipeline services will facilitate 

the coordination of the following activities: 

‘‘(A) Providing early learning opportunities for children, 

including by— 

‘‘(i) providing opportunities for families to acquire 

the skills to promote early learning and child development; and 

‘‘(ii) ensuring appropriate diagnostic assessments 

and referrals for children with disabilities and children 

aged 3 through 9 experiencing developmental delays, 

consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), where applicable. 

‘‘(B) Supporting, enhancing, operating, or expanding 

rigorous, comprehensive, effective educational improvements, which may include high-quality academic programs, 

expanded learning time, and programs and activities to 

prepare students for postsecondary education admissions 

and success. 

‘‘(C) Supporting partnerships between schools and 

other community resources with an integrated focus on 

academics and other social, health, and familial supports. 

‘‘(D) Providing social, health, nutrition, and mental 

health services and supports, for children, family members, 

and community members, which may include services provided within the school building. 

‘‘(E) Supporting evidence-based programs that assist 

students through school transitions, which may include 

expanding access to postsecondary education courses and 

postsecondary education enrollment aid or guidance, and 

other supports for at-risk youth. 

‘‘(8) A description of the strategies that will be used to 

provide pipeline services (including a description of which programs and services will be provided to children, family members, community members, and children within the neighborhood) to support the purpose described in section 4621(1). 

‘‘(9) An explanation of the process the eligible entity will 

use to establish and maintain family and community engagement, including— 

‘‘(A) involving representative participation by the members of such neighborhood in the planning and implementation of the activities of each grant awarded under this 

subpart for activities described in this section; 
S. 1177—227 

‘‘(B) the provision of strategies and practices to assist 

family and community members in actively supporting student achievement and child development; 

‘‘(C) providing services for students, families, and 

communities within the school building; and 

‘‘(D) collaboration with institutions of higher education, 

workforce development centers, and employers to align 

expectations and programming with postsecondary education and workforce readiness, 

‘‘(10) An explanation of how the eligible entity will continuously evaluate and improve the continuum of high-quality pipeline services to provide for continuous program improvement 

and potential expansion. 

‘‘(b) PRIORITY.—In awarding grants for activities described in 

this section, the Secretary shall give priority to eligible entities 

that will use funds under subsection (d) for evidence-based activities, which, for purposes of this subsection, is defined as activities 

meeting the requirements of section 8101(21)(A)(i). 

‘‘(c) MEMORANDUM OF UNDERSTANDING.—As eligible entity 

shall, as part of the application described in subsection (a), submit 

a preliminary memorandum of understanding, signed by each 

partner entity or agency described in section 4622(1)(A)(3) (if 

applicable) and detailing each partner’s financial, programmatic, 

and long-term commitment with respect to the strategies described 

in the application. 

‘‘(d) USES OF FUNDS.—Each eligible entity that receives a grant 

under this subpart to carry out a program of activities described 

in this section shall use the grant funds to— 

‘‘(1) support planning activities to develop and implement 

pipeline services; 

‘‘(2) implement the pipeline services; and 

‘‘(3) continuously evaluate the success of the program and 

improve the program based on data and outcomes. 

‘‘(e) SPECIAL RULES.— 

‘‘(1) FUNDS FOR PIPELINE SERVICES.—Each eligible entity 

that receives a grant under this subpart for activities described 

in this section shall, for the first year of the grant, use not 

less than 50 percent of the grant funds, and, for the second 

year of the grant, use not less than 25 percent of the grant 

funds, to carry out the activities described in subsection (d)(1). 

‘‘(2) OPERATIONAL FLEXIBILITY.—Each eligible entity that 

operates a school in a neighborhood served by a grant program 

under this subpart for activities described in this section shall 

provide such school with the operational flexibility, including 

autonomy over staff, time, and budget, needed to effectively 

carry out the activities described in the application under subsection (a). 

‘‘(3) LIMITATION ON USE OF FUNDS FOR EARLY CHILDHOOD

EDUCATION PROGRAMS.—Funds provided under this subpart for 

activities described in this section that are used to improve 

early childhood education programs shall not be used to carry 

out any of the following activities: 

‘‘(A) Assessments that provide rewards or sanctions 

for individual children or teachers. 

‘‘(B) A single assessment that is used as the primary 

or sole method for assessing program effectiveness. 
S. 1177—228 

‘‘(C) Evaluating children, other than for the purposes 

of improving instruction, classroom environment, professional development, or parent and family engagement, or 

program improvement. 

‘‘(f) REPORT.—Each eligible entity that receives a grant under 

this subpart for activities described in this section shall prepare 

and submit an annual report to the Secretary, which shall include— 

‘‘(1) information about the number and percentage of children in the neighborhood who are served by the grant program, 

including a description of the number and percentage of children accessing each support or service offered as part of the 

pipeline services; and 

‘‘(2) information relating to the performance metrics 

described in subsection (h). 

‘‘(g) PUBLICLY AVAILABLE DATA.—Each eligible entity that 

receives a grant under this subpart for activities described in this 

section shall make publicly available, including through electronic 

means, the information described in subsection (f). To the extent 

practicable, such information shall be provided in a form and language accessible to parents and families in the neighborhood served 

under the grant, and such information shall be a part of statewide 

longitudinal data systems. 

‘‘(h) PERFORMANCE INDICATORS.— ‘‘(1) IN GENERAL.—The Secretary shall establish performance indicators under paragraph (2) and corresponding metrics 

to be used for the purpose of reporting under paragraph (3) 

and program evaluation under subsection (i). 

‘‘(2) INDICATORS.—The performance indicators established 

by the Secretary under paragraph (1) shall be indicators of 

improved academic and developmental outcomes for children, 

including indicators of school readiness, high school graduation, 

postsecondary education and career readiness, and other academic and developmental outcomes, to promote— 

‘‘(A) data-driven decision-making by eligible entities 

receiving funds under this subpart; and 

‘‘(B) access to a community-based continuum of highquality services for children living in the most distressed 

communities of the United States, beginning at birth. 

‘‘(3) REPORTING.—Each eligible entity that receives a grant 

under this subpart for activities described in this section shall 

annually collect and report to the Secretary data on the 

performance indicators described in paragraph (2) for use by 

the Secretary in making a determination concerning continuation funding and grant extension under section 4623(b) for 

each eligible entity. 

‘‘(i) EVALUATION.—The Secretary shall reserve not more than 

5 percent of the funds made available under section 4601(b)(2)(A) 

to provide technical assistance and evaluate the implementation 

and impact of the activities funded under this section, in accordance 

with section 8601. 

‘‘SEC. 4625. FULL-SERVICE COMMUNITY SCHOOLS. 

‘‘(a) APPLICATION.—An eligible entity that desires a grant under 

this subpart for activities described in this section shall submit 

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

as the Secretary may require. The Secretary shall require that 

each such application include the following: 
S. 1177—229 

‘‘(1) A description of the eligible entity. 

‘‘(2) A memorandum of understanding among all partner 

entities in the eligible entity that will assist the eligible entity 

to coordinate and provide pipeline services and that describes 

the roles the partner entities will assume. 

‘‘(3) A description of the capacity of the eligible entity 

to coordinate and provide pipeline services at 2 or more fullservice community schools. 

‘‘(4) A comprehensive plan that includes descriptions of 

the following: 

‘‘(A) The student, family, and school community to 

be served, including demographic information. 

‘‘(B) A needs assessment that identifies the academic, 

physical, nonacademic, health, mental health, and other 

needs of students, families, and community residents. 

‘‘(C) Annual measurable performance objectives and 

outcomes, including an increase in the number and percentage of families and students targeted for services each 

year of the program, in order to ensure that children are— 

‘‘(i) prepared for kindergarten; 

‘‘(ii) achieving academically; and 

‘‘(iii) safe, healthy, and supported by engaged parents. 

‘‘(D) Pipeline services, including existing and additional 

pipeline services, to be coordinated and provided by the 

eligible entity and its partner entities, including an explanation of— 

‘‘(i) why such services have been selected; 

‘‘(ii) how such services will improve student academic achievement; and 

‘‘(iii) how such services will address the annual 

measurable performance objectives and outcomes 

established under subparagraph (C). 

‘‘(E) Plans to ensure that each full-service community 

school site has a full-time coordinator of pipeline services 

at such school, including a description of the applicable 

funding sources, plans for professional development for the 

personnel managing, coordinating, or delivering pipeline 

services, and plans for joint utilization and management 

of school facilities. 

‘‘(F) Plans for annual evaluation based upon attainment of the performance objectives and outcomes described 

in subparagraph (C). 

‘‘(G) Plans for sustaining the programs and services 

described in this subsection after the grant period. 

‘‘(5) An assurance that the eligible entity and its partner 

entities will focus services on schools eligible for a schoolwide 

program under section 1114(b). 

‘‘(b) PRIORITY.—In awarding grants under this subpart for 

activities described in this section, the Secretary shall give priority 

to eligible entities that— 

‘‘(1)(A) will serve a minimum of 2 or more full-service 

community schools eligible for a schoolwide program under 

section 1114(b), as part of a community- or district-wide 

strategy; or 

‘‘(B) include a local educational agency that satisfies the 

requirements of— 
S. 1177—230 

‘‘(i) subparagraph (A), (B), or (C) of section 5211(b)(1); 

or 

‘‘(ii) subparagraphs (A) and (B) of section 5221(b)(1); 

‘‘(2) are consortiums comprised of a broad representation 

of stakeholders or consortiums demonstrating a history of 

effectiveness; and 

‘‘(3) will use funds for evidence-based activities described 

in subsection (e), defined for purposes of this paragraph as 

activities meeting the requirements of section 8101(21)(A)(i). 

‘‘(c) PLANNING.—The Secretary may authorize an eligible entity 

receiving a grant under this subpart for activities described in 

this section to use not more than 10 percent of the total amount 

of grant funds for planning purposes during the first year of the 

grant. 

‘‘(d) MINIMUM AMOUNT.—The Secretary may not award a grant 

under this subpart for activities described in this section to an 

eligible entity in an amount that is less than $75,000 for each 

year of the grant period, subject to the availability of appropriations. 

‘‘(e) USE OF FUNDS.—Grants awarded under this subpart for 

activities described in this section shall be used to— 

‘‘(1) coordinate not less than 3 existing pipeline services, 

as of the date of the grant award, and provide not less than 

2 additional pipeline services, at 2 or more public elementary 

schools or secondary schools; 

‘‘(2) to the extent practicable, integrate multiple pipeline 

services into a comprehensive, coordinated continuum to 

achieve the annual measurable performance objectives and outcomes under subsection (a)(4)(C) to meet the holistic needs 

of children; and 

‘‘(3) if applicable, coordinate and integrate services provided 

by community-based organizations and government agencies 

with services provided by specialized instructional support personnel. 

‘‘(f) EVALUATIONS BY THE INSTITUTE OF EDUCATION SCIENCES.— 

The Secretary, acting through the Director of the Institute of Education Sciences, shall conduct evaluations of the effectiveness of 

grants under this subpart for activities described in this section 

in achieving the purpose described in section 4621(2). 

‘‘(g) EVALUATIONS BY GRANTEES.—The Secretary shall require 

each eligible entity receiving a grant under this subpart for activities described in this section to— 

‘‘(1) conduct annual evaluations of the progress achieved 

with the grant toward the purpose described in section 4621(2); 

‘‘(2) use such evaluations to refine and improve activities 

carried out through the grant and the annual measurable 

performance objectives and outcomes under subsection (a)(4)(C); 

and 

‘‘(3) make the results of such evaluations publicly available, 

including by providing public notice of such availability. 

‘‘(h) CONSTRUCTION CLAUSE.—Nothing in this section shall be 

construed to alter or otherwise affect the rights, remedies, and 

procedures afforded school or local educational agency employees 

under Federal, State, or local laws (including applicable regulations 

or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between 

such employees and their employers. 
S. 1177—231 

‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Funds made available to 

an eligible entity through a grant under this subpart for activities 

described in this section may be used only to supplement, and 

not supplant, any other Federal, State, or local funds that would 

otherwise be available to carry out the activities assisted under 

this section. 

‘‘Subpart 3—National Activities for School Safety 

‘‘SEC. 4631. NATIONAL ACTIVITIES FOR SCHOOL SAFETY. 

‘‘(a) PROGRAM AUTHORIZED.— 

‘‘(1) IN GENERAL.—From the funds reserved under section 

4601(b)(1), the Secretary— 

‘‘(A) shall use a portion of such funds for the Project 

School Emergency Response to Violence program (in this 

section referred to as ‘Project SERV’), in order to provide 

education-related services to eligible entities; and 

‘‘(B) may use a portion of such funds to carry out 

other activities to improve students’ safety and well-being, 

during and after the school day, under this section directly 

or through grants, contracts, or cooperative agreements 

with public or private entities or individuals, or other Federal agencies, such as providing technical assistance to 

States and local educational agencies carrying out activities 

under this section or conducting a national evaluation. 

‘‘(2) AVAILABILITY.—Amounts reserved under section 

4601(b)(1) for Project SERV are authorized to remain available 

until expended for Project SERV. 

‘‘(b) PROJECT SERV.— 

‘‘(1) ADDITIONAL USE OF FUNDS.—Funds made available 

under subsection (a) for extended services grants under Project 

SERV may be used by an eligible entity to initiate or strengthen 

violence prevention activities as part of the activities designed 

to restore the learning environment that was disrupted by 

the violent or traumatic crisis in response to which the grant 

was awarded. 

‘‘(2) APPLICATION PROCESS.— 

‘‘(A) IN GENERAL.—An eligible entity desiring to use 

a portion of extended services grant funds under Project 

SERV to initiate or strengthen a violence prevention 

activity shall— 

‘‘(i) submit, in an application that meets all 

requirements of the Secretary for Project SERV, the 

information described in subparagraph (B); or 

‘‘(ii) in the case of an eligible entity that has 

already received an extended services grant under 

Project SERV, submit an addition to the original 

application that includes the information described in 

subparagraph (B). 

‘‘(B) APPLICATION REQUIREMENTS.—An application, or 

addition to an application, for an extended services grant 

pursuant to subparagraph (A) shall include the following: 

‘‘(i) A demonstration of the need for funds due 

to a continued disruption or a substantial risk of 

disruption to the learning environment. 
S. 1177—232 

‘‘(ii) An explanation of the proposed activities that 

are designed to restore and preserve the learning 

environment. 

‘‘(iii) A budget and budget narrative for the proposed activities. 

‘‘(3) AWARD BASIS.—Any award of funds under Project 

SERV for violence prevention activities under this section shall 

be subject to the discretion of the Secretary and the availability 

of funds. 

‘‘(4) PROHIBITED USE.—No funds provided to an eligible 

entity for violence prevention activities may be used for 

construction, renovation, or repair of a facility or for the permanent infrastructure of the eligible entity. 

‘‘(c) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term 

‘eligible entity’ means— 

‘‘(1) a local educational agency, as defined in subparagraph 

(A), (B), or (C) of section 8101(30), or institution of higher 

education in which the learning environment has been disrupted due to a violent or traumatic crisis; or 

‘‘(2) the Bureau of Indian Education in a case where the 

learning environment of a school operated or funded by the 

Bureau, including a school meeting the definition of a local 

educational agency under section 8101(30)(C), has been disrupted due to a violent or traumatic crisis. 

‘‘Subpart 4—Academic Enrichment 

‘‘SEC. 4641. AWARDS FOR ACADEMIC ENRICHMENT. 

‘‘(a) PROGRAM AUTHORIZED.—From funds reserved under section 

4601(b)(2)(C), the Secretary shall award grants, contracts, or 

cooperative agreements, on a competitive basis, to eligible entities 

for the purposes of enriching the academic experience of students 

by promoting— 

‘‘(1) arts education for disadvantaged students and students 

who are children with disabilities, as described in section 4642; 

‘‘(2) school readiness through the development and dissemination of accessible instructional programming for preschool 

and elementary school children and their families, as described 

in section 4643; and 

‘‘(3) support for high-ability learners and high-ability 

learning, as described in section 4644. 

‘‘(b) ANNUAL AWARDS.—The Secretary shall annually make 

awards to fulfill each of the purposes described in paragraphs 

(1) through (3) of subsection (a). 

‘‘SEC. 4642. ASSISTANCE FOR ARTS EDUCATION. 

‘‘(a) AWARDS TO PROVIDE ASSISTANCE FOR ARTS EDUCATION.— 

‘‘(1) IN GENERAL.—Awards made to eligible entities to fulfill 

the purpose described in section 4641(a)(1), shall be used for 

a program (to be known as the ‘Assistance for Arts Education 

program’) to promote arts education for students, including 

disadvantaged students and students who are children with 

disabilities, through activities such as— 

‘‘(A) professional development for arts educators, 

teachers, and principals; 

‘‘(B) development and dissemination of accessible 

instructional materials and arts-based educational 
S. 1177—233 

programming, including online resources, in multiple arts 

disciplines; and 

‘‘(C) community and national outreach activities that 

strengthen and expand partnerships among schools, local 

educational agencies, communities, or centers for the arts, 

including national centers for the arts. 

‘‘(b) CONDITIONS.—As conditions of receiving assistance made 

available under this section, the Secretary shall require each eligible 

entity receiving such assistance— 

‘‘(1) to coordinate, to the extent practicable, each project 

or program carried out with such assistance with appropriate 

activities of public or private cultural agencies, institutions, 

and organizations, including museums, arts education associations, libraries, and theaters; and 

‘‘(2) to use such assistance only to supplement, and not 

to supplant, any other assistance or funds made available from 

non-Federal sources for the activities assisted under this subpart. 

‘‘(c) CONSULTATION.—In carrying out this section, the Secretary 

shall consult with Federal agencies or institutions, arts educators 

(including professional arts education associations), and organizations representing the arts (including State and local arts agencies 

involved in arts education). 

‘‘(d) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to eligible entities that are eligible national 

nonprofit organizations. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— 

‘‘(A) a local educational agency in which 20 percent 

or more of the students served by the local educational 

agency are from families with an income below the poverty 

line; 

‘‘(B) a consortium of such local educational agencies; 

‘‘(C) a State educational agency; 

‘‘(D) an institution of higher education; 

‘‘(E) a museum or cultural institution; 

‘‘(F) the Bureau of Indian Education; 

‘‘(G) an eligible national nonprofit organization; or 

‘‘(H) another private agency, institution, or organization. 

‘‘(2) ELIGIBLE NATIONAL NONPROFIT ORGANIZATION.—The 

term ‘eligible national nonprofit organization’ means an 

organization of national scope that— 

‘‘(A) is supported by staff, which may include volunteers, or affiliates at the State and local levels; and 

‘‘(B) demonstrates effectiveness or high-quality plans 

for addressing arts education activities for disadvantaged 

students or students who are children with disabilities. 

‘‘SEC. 4643. READY TO LEARN PROGRAMMING. 

‘‘(a) AWARDS TO PROMOTE SCHOOL READINESS THROUGH READY

TO LEARN PROGRAMMING.— ‘‘(1) IN GENERAL.—Awards made to eligible entities 

described in paragraph (3) to fulfill the purpose described in 

section 4641(a)(2) shall— 

‘‘(A) be known as ‘Ready to Learn Programming 

awards’; and 
S. 1177—234 

‘‘(B) be used to— 

‘‘(i) develop, produce, and distribute accessible educational and instructional video programming for preschool and elementary school children and their parents in order to facilitate student academic achievement; 

‘‘(ii) facilitate the development, directly or through 

contracts with producers of children’s and family educational television programming, of educational 

programming for preschool and elementary school children, and the accompanying support materials and 

services that promote the effective use of such programming; 

‘‘(iii) facilitate the development of programming 

and digital content containing Ready-to-Learn 

programming and resources for parents and caregivers 

that is specially designed for nationwide distribution 

over public television stations’ digital broadcasting 

channels and the Internet; 

‘‘(iv) contract with entities (such as public telecommunications entities) so that programming developed under this section is disseminated and distributed 

to the widest possible audience appropriate to be served 

by the programming, and through the use of the most 

appropriate distribution technologies; and 

‘‘(v) develop and disseminate education and 

training materials, including interactive programs and 

programs adaptable to distance learning technologies, 

that are designed— 

‘‘(I) to promote school readiness; and 

‘‘(II) to promote the effective use of materials 

developed under clauses (ii) and (iii) among parents, family members, teachers, principals and 

other school leaders, Head Start providers, providers of family literacy services, child care providers, early childhood educators, elementary 

school teachers, public libraries, and after-school 

program personnel caring for preschool and 

elementary school children. 

‘‘(2) AVAILABILITY.—In awarding or entering into grants, 

contracts, or cooperative agreements under this section, the 

Secretary shall ensure that eligible entities described in paragraph (3) make programming widely available, with support 

materials as appropriate, to young children, parents, child care 

workers, Head Start providers, and providers of family literacy 

services to increase the effective use of such programming. 

‘‘(3) ELIGIBLE ENTITIES.—To be eligible to receive a grant, 

contract, or cooperative agreement under this section, an entity 

shall be a public telecommunications entity that is able to 

demonstrate each of the following: 

‘‘(A) A capacity for the development and national distribution of educational and instructional television 

programming of high quality that is accessible by a large 

majority of disadvantaged preschool and elementary school 

children. 
S. 1177—235 

‘‘(B) A capacity to contract with the producers of children’s television programming for the purpose of developing 

educational television programming of high quality. 

‘‘(C) A capacity, consistent with the entity’s mission 

and nonprofit nature, to negotiate such contracts in a 

manner that returns to the entity an appropriate share 

of any ancillary income from sales of any program-related 

products. 

‘‘(D) A capacity to localize programming and materials 

to meet specific State and local needs and to provide educational outreach at the local level. 

‘‘(4) COORDINATION OF ACTIVITIES.—An entity receiving a 

grant, contract, or cooperative agreement under this section 

shall consult with the Secretary and the Secretary of Health 

and Human Services— 

‘‘(A) to maximize the use of high-quality educational 

programming by preschool and elementary school children, 

and make such programming widely available to Federally 

funded programs serving such populations; and 

‘‘(B) to coordinate activities with Federal programs that 

have major training components for early childhood 

development, including programs under the Head Start 

Act (42 U.S.C. 9831 et seq.) and State training activities 

funded under the Child Care and Development Block Grant 

Act of 1990 (42 U.S.C. 9858 et seq.), regarding the availability and utilization of materials developed under paragraph (1)(B)(v) to enhance parent and child care provider 

skills in early childhood development and education. 

‘‘(b) APPLICATIONS.—To be eligible to receive a grant, contract, 

or cooperative agreement under subsection (a), an entity shall 

submit to the Secretary an application at such time and in such 

manner as the Secretary may reasonably require. The application 

shall include— 

‘‘(1) a description of the activities to be carried out under 

this section; 

‘‘(2) a list of the types of entities with which such entity 

will enter into contracts under subsection (a)(1)(B)(iv); 

‘‘(3) a description of the activities the entity will undertake 

widely to disseminate the content developed under this section; 

and 

‘‘(4) a description of how the entity will comply with subsection (a)(2). 

‘‘(c) REPORTS AND EVALUATIONS.— 

‘‘(1) ANNUAL REPORT TO SECRETARY.—An entity receiving 

a grant, contract, or cooperative agreement under this section 

shall prepare and submit to the Secretary an annual report. 

The report shall describe the program activities undertaken 

with funds received under the grant, contract, or cooperative 

agreement, including each of the following: 

‘‘(A) The programming that has been developed, 

directly or indirectly, by the eligible entity, and the target 

population of the programming. 

‘‘(B) The support and training materials that have 

been developed to accompany the programming, and the 

method by which the materials are distributed to consumers and users of the programming. 
S. 1177—236 

‘‘(C) The means by which programming developed 

under this section has been distributed, including the distance learning technologies that have been utilized to make 

programming available, and the geographic distribution 

achieved through such technologies. 

‘‘(D) The initiatives undertaken by the entity to develop 

public-private partnerships to secure non-Federal support 

for the development, distribution, and broadcast of educational and instructional programming. 

‘‘(2) REPORT TO CONGRESS.—The Secretary shall prepare 

and submit to the Committee on Health, Education, Labor, 

and Pensions of the Senate and the Committee on Education 

and the Workforce of the House of Representatives a biannual 

report that includes the following: 

‘‘(A) A summary of the activities assisted under subsection (a). 

‘‘(B) A description of the education and training materials made available under subsection (a)(1)(B)(v), the 

manner in which outreach has been conducted to inform 

parents and child care providers of the availability of such 

materials, and the manner in which such materials have 

been distributed in accordance with such subsection. 

‘‘(d) ADMINISTRATIVE COSTS.—An entity that receives a grant, 

contract, or cooperative agreement under this section may use up 

to 5 percent of the amount received under the grant, contract, 

or agreement for the normal and customary expenses of administering the grant, contract, or agreement. 

‘‘(e) FUNDING RULE.—Not less than 60 percent of the amount 

used by the Secretary to carry out this section for each fiscal 

year shall be used to carry out activities under clauses (ii) through 

(iv) of subsection (a)(1)(B). 

‘‘SEC. 4644. SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING. 

‘‘(a) PURPOSE.—The purpose of this section is to promote and 

initiate a coordinated program, to be known as the ‘Jacob K. Javits 

Gifted and Talented Students Education Program’, of evidencebased research, demonstration projects, innovative strategies, and 

similar activities designed to build and enhance the ability of 

elementary schools and secondary schools nationwide to identify 

gifted and talented students and meet their special educational 

needs. 

‘‘(b) PROGRAM AUTHORIZED.— 

‘‘(1) IN GENERAL.—The Secretary (after consultation with 

experts in the field of the education of gifted and talented 

students) shall make awards to, or enter into contracts with, 

State educational agencies, local educational agencies, the 

Bureau of Indian Education, institutions of higher education, 

other public agencies, and other private agencies and organizations to assist such agencies, institutions, or organizations, 

or the Bureau, in carrying out programs or projects to fulfill 

the purpose described in section 4641(a)(3), including the 

training of personnel in the identification and education of 

gifted and talented students and in the use, where appropriate, 

of gifted and talented services, materials, and methods for 

all students. 

‘‘(2) APPLICATION.—Each entity seeking assistance under 

this section shall submit an application to the Secretary at 
S. 1177—237 

such time and in such manner as the Secretary may reasonably 

require. Each application shall describe how— 

‘‘(A) the proposed identification methods, as well as 

gifted and talented services, materials, and methods, can 

be adapted, if appropriate, for use by all students; and 

‘‘(B) the proposed programs can be evaluated. 

‘‘(c) USES OF FUNDS.—Programs and projects assisted under 

this section may include any of the following: 

‘‘(1) Conducting evidence-based research on methods and 

techniques for identifying and teaching gifted and talented 

students and for using gifted and talented programs and 

methods to identify and provide the opportunity for all students 

to be served, particularly low-income and at-risk students. 

‘‘(2) Establishing and operating programs and projects for 

identifying and serving gifted and talented students, including 

innovative methods and strategies (such as summer programs, 

mentoring programs, peer tutoring programs, service learning 

programs, and cooperative learning programs involving business, industry and education) for identifying and educating 

students who may not be served by traditional gifted and 

talented programs. 

‘‘(3) Providing technical assistance and disseminating 

information, which may include how gifted and talented programs and methods may be adapted for use by all students, 

particularly low-income and at-risk students. 

‘‘(d) CENTER FOR RESEARCH AND DEVELOPMENT.— 

‘‘(1) IN GENERAL.—The Secretary (after consultation with 

experts in the field of the education of gifted and talented 

students) shall establish a National Research Center for the 

Education of Gifted and Talented Children and Youth through 

grants to, or contracts with, one or more institutions of higher 

education or State educational agencies, or a combination or 

consortium of such institutions and agencies and other public 

or private agencies and organizations, for the purpose of carrying out activities described in subsection (c). 

‘‘(2) DIRECTOR.—The National Center shall be headed by 

a Director. The Secretary may authorize the Director to carry 

out such functions of the National Center as may be agreed 

upon through arrangements with institutions of higher education, State educational agencies, local educational agencies, 

or other public or private agencies and organizations. 

‘‘(e) COORDINATION.—Evidence-based activities supported under 

this section— 

‘‘(1) shall be carried out in consultation with the Institute 

of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activities 

supported by the Institute; and 

‘‘(2) may include collaborative evidence-based activities that 

are jointly funded and carried out with such Institute. 

‘‘(f) GENERAL PRIORITY.—In carrying out this section, the Secretary shall give highest priority to programs and projects designed 

to— 

‘‘(1) develop new information that— 

‘‘(A) improves the capability of schools to plan, conduct, 

and improve programs to identify and serve gifted and 

talented students; or 
S. 1177—238 

‘‘(B) assists schools in the identification of, and provision of services to, gifted and talented students (including 

economically disadvantaged individuals, individuals who 

are English learners, and children with disabilities) who 

may not be identified and served through traditional 

assessment methods; or 

‘‘(2) implement evidence-based activities, defined in this 

paragraph as activities meeting the requirements of section 

8101(21)(A)(i). 

‘‘(g) PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND

TEACHERS.—In making grants and entering into contracts under 

this section, the Secretary shall ensure, where appropriate, that 

provision is made for the equitable participation of students and 

teachers in private nonprofit elementary schools and secondary 

schools, including the participation of teachers and other personnel 

in professional development programs serving such students. 

‘‘(h) REVIEW, DISSEMINATION, AND EVALUATION.—The Secretary 

shall— 

‘‘(1) use a peer-review process in reviewing applications 

under this section; 

‘‘(2) ensure that information on the activities and results 

of programs and projects funded under this section is disseminated to appropriate State educational agencies, local educational agencies, and other appropriate organizations, 

including private nonprofit organizations; and 

‘‘(3) evaluate the effectiveness of programs under this section in accordance with section 8601, in terms of the impact 

on students traditionally served in separate gifted and talented 

programs and on other students, and submit the results of 

such evaluation to Congress not later than 2 years after the 

date of enactment of the Every Student Succeeds Act. 

‘‘(i) PROGRAM OPERATIONS.—The Secretary shall ensure that 

the programs under this section are administered within the 

Department by a person who has recognized professional qualifications and experience in the field of the education of gifted and 

talented students and who shall— 

‘‘(1) administer and coordinate the programs authorized 

under this section; 

‘‘(2) serve as a focal point of national leadership and 

information on the educational needs of gifted and talented 

students and the availability of educational services and programs designed to meet such needs; 

‘‘(3) assist the Director of the Institute of Education 

Sciences in identifying research priorities that reflect the needs 

of gifted and talented students; and 

‘‘(4) disseminate, and consult on, the information developed 

under this section with other offices within the Department.’’. 

TITLE V—STATE INNOVATION AND 

LOCAL FLEXIBILITY 

SEC. 5001. GENERAL PROVISIONS. 

(a) TITLE VI REDESIGNATIONS.—Title VI (20 U.S.C. 7301 et 

seq.) is redesignated as title V and further amended— 

(1) by redesignating sections 6121 through 6123 as sections 

5101 through 5103, respectively; 
S. 1177—239 

(2) by redesignating sections 6201 and 6202 as sections 

5201 and 5202, respectively; 

(3) by redesignating sections 6211 through 6213 as sections 

5211 through 5213, respectively; 

(4) by redesignating sections 6221 through 6224 as sections 

5221 through 5224, respectively; and 

(5) by redesignating sections 6231 through 6234 as sections 

5231 through 5234, respectively. 

(b) STRUCTURAL AND CONFORMING AMENDMENTS.—Title V (as 

redesignated by subsection (a) of this section) is further amended— 

(1) in part A, by striking subparts 1, 3, and 4; 

(2) by striking ‘‘section 6212’’ each place it appears and 

inserting ‘‘section 5212’’; 

(3) by striking ‘‘section 6223’’ each place it appears and 

inserting ‘‘section 5223’’; and 

(4) by striking ‘‘section 6234’’ each place it appears and 

inserting ‘‘section 5234’’. 

SEC. 5002. FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL AGENCIES. 

Part A of title V, as redesignated and amended by section 

5001 of this Act, is further amended— 

(1) in the part heading, by striking ‘‘IMPROVING ACADEMIC

ACHIEVEMENT’’ and inserting ‘‘FUNDING TRANSFERABILITY FOR

STATE AND LOCAL EDUCATIONAL AGENCIES’’; 

(2) by striking ‘‘Subpart 2—Funding Transferability 

for State and Local Educational Agencies’’; 

(3) by striking ‘‘subpart’’ each place it appears and inserting 

‘‘part’’; 

(4) by amending section 5102 to read as follows: 

‘‘SEC. 5102. PURPOSE. 

‘‘The purpose of this part is to allow States and local educational 

agencies the flexibility to target Federal funds to the programs 

and activities that most effectively address the unique needs of 

States and localities.’’; 

(5) in section 5103— 

(A) in subsection (a)— 

(i) in paragraph (1)— 

(I) in the matter preceding subparagraph (A), 

by striking ‘‘not more than 50 percent of the nonadministrative State funds’’ and inserting ‘‘all, or 

any lesser amount, of State funds’’; and 

(II) by striking subparagraphs (A) through (D) 

and inserting the following: 

‘‘(A) Part A of title II. 

‘‘(B) Part A of title IV. 

‘‘(C) Section 4202(c)(3).’’; and 

(ii) by striking paragraph (2) and inserting the 

following; 

‘‘(2) ADDITIONAL FUNDS.—In accordance with this part, a 

State may transfer any funds allotted to the State under a 

provision listed in paragraph (1) for a fiscal year to its allotment 

under any other of the following provisions: 

‘‘(A) Part A of title I. 

‘‘(B) Part C of title I. 

‘‘(C) Part D of title I. 

‘‘(D) Part A of title III. 
S. 1177—240 

‘‘(E) Part B.’’. 

(B) in subsection (b)— 

(i) in paragraph (1)— 

(I) in subparagraph (A), by striking ‘‘(except’’ 

and all that follows through ‘‘subparagraph (C))’’ 

and inserting ‘‘may transfer all, or any lesser 

amount, of the funds allocated to it’’; 

(II) by striking subparagraphs (B) and (C) and 

inserting: 

‘‘(B) ADDITIONAL FUNDS.—In accordance with this part, 

a local educational agency may transfer any funds allotted 

to such agency under a provision listed in paragraph (2) 

for a fiscal year to its allotment under any other of the 

following provisions: 

‘‘(i) Part A of title I. 

‘‘(ii) Part C of title I. 

‘‘(iii) Part D of title I. 

‘‘(iv) Part A of title III. 

‘‘(v) Part B.’’; 

(ii) in paragraph (2)— 

(I) in the matter preceding subparagraph (A), 

by striking ‘‘subparagraph (A), (B), or (C)’’ and 

inserting ‘‘subparagraph (A) or (B)’’; and 

(II) by striking subparagraphs (A) through (D) 

and inserting the following: 

‘‘(A) Part A of title II. 

‘‘(B) Part A of title IV.’’; 

(C) by striking subsection (c) and inserting the following: 

‘‘(c) NO TRANSFER OF CERTAIN FUNDING.—A State or local educational agency may not transfer under this part to any other 

program any funds allotted or allocated to it for the following 

provisions: 

‘‘(1) Part A of title I. 

‘‘(2) Part C of title I. 

‘‘(3) Part D of title I. 

‘‘(4) Part A of title III. 

‘‘(5) Part B.’’; and 

(D) in subsection (e)(2), by striking ‘‘section 9501’’ and 

inserting ‘‘section 8501’’. 

SEC. 5003. RURAL EDUCATION INITIATIVE. 

Part B of title V, as redesignated and amended by section 

5001 of this Act, is further amended— 

(1) in section 5211— 

(A) in subsection (a)(1), by striking subparagraphs (A) 

through (E) and inserting the following: 

‘‘(A) Part A of title I. 

‘‘(B) Part A of title II. 

‘‘(C) Title III. 

‘‘(D) Part A or B of title IV.’’; 

(B) in subsection (b)(1)— 

(i) in subparagraph (A)(ii)— 

(I) by striking ‘‘school’’ before ‘‘locale code’’; 

and 
S. 1177—241 

(II) by striking ‘‘7 or 8, as determined by the 

Secretary; or’’ and inserting ‘‘41, 42, or 43, as 

determined by the Secretary;’’; 

(ii) in subparagraph (B), by striking the period 

at the end and inserting ‘‘; or’’; and 

(iii) by adding at the end the following: 

‘‘(C) the local educational agency is a member of an 

educational service agency that does not receive funds 

under this subpart and the local educational agency meets 

the requirements of this part.’’; and 

(C) in subsection (c), by striking paragraphs (1) through 

(3) and inserting the following: 

‘‘(1) Part A of title II. 

‘‘(2) Part A of title IV.’’; 

(2) in section 5212— 

(A) in subsection (a), by striking paragraphs (1) 

through (5) and inserting the following: 

‘‘(1) Part A of title I. 

‘‘(2) Part A of title II. 

‘‘(3) Title III. 

‘‘(4) Part A or B of title IV.’’; 

(B) in subsection (b)— 

(i) by striking paragraph (1) and inserting the 

following: 

‘‘(1) ALLOCATION.— ‘‘(A) IN GENERAL.—Except as provided in paragraphs 

(3) and (4), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under 

section 5211(b) for a fiscal year in an amount equal to 

the initial amount determined under paragraph (2) for 

the fiscal year minus the total amount received by the 

agency under the provisions of law described in section 

5211(c) for the preceding fiscal year. 

‘‘(B) SPECIAL DETERMINATION.—For a local educational 

agency that is eligible under section 5211(b)(1)(C) and is 

a member of an educational service agency, the Secretary 

may determine the award amount by subtracting from 

the initial amount determined under paragraph (2), an 

amount that is equal to that local educational agency’s 

per-pupil share of the total amount received by the educational service agency under the provisions described in 

section 5211(c), as long as a determination under this 

subparagraph would not disproportionately affect any 

State.’’; 

(ii) by striking paragraph (2) and inserting the 

following: 

‘‘(2) DETERMINATION OF INITIAL AMOUNT.— 

‘‘(A) IN GENERAL.—The initial amount referred to in 

paragraph (1) is equal to $100 multiplied by the total 

number of students in excess of 50 students, in average 

daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial 

amount may not exceed $60,000. 

‘‘(B) SPECIAL RULE.—For any fiscal year for which the 

amount made available to carry out this part is 

$265,000,000 or more, subparagraph (A) shall be applied— ‘‘(i) by substituting ‘$25,000’ for ‘$20,000’; and 
S. 1177—242 

‘‘(ii) by substituting ‘$80,000’ for ‘$60,000’.’’; and 

(iii) by adding at the end the following: 

‘‘(4) HOLD HARMLESS.—For a local educational agency that 

is not eligible under this subpart due to amendments made 

by the Every Student Succeeds Act to section 5211(b)(1)(A)(ii) 

but met the eligibility requirements under section 6211(b) as 

such section was in effect on the day before the date of enactment of the Every Student Succeeds Act, the agency shall 

receive— 

‘‘(A) for fiscal year 2017, 75 percent of the amount 

such agency received for fiscal year 2015; 

‘‘(B) for fiscal year 2018, 50 percent of the amount 

such agency received for fiscal year 2015; and 

‘‘(C) for fiscal year 2019, 25 percent of the amount 

such agency received for fiscal year 2015.’’; and 

(C) by striking subsection (d); 

(3) by striking section 5213; 

(4) in section 5221— 

(A) in subsection (a), by striking ‘‘section 6222(a)’’ and 

inserting ‘‘section 5222(a)’’; 

(B) in subsection (b)— 

(i) in paragraph (1)— 

(I) by striking ‘‘(A) 20 percent’’ and inserting 

‘‘(A)(i) 20 percent’’; 

(II) by redesignating subparagraph (B) as 

clause (ii); 

(III) in clause (ii) (as redesignated by subclause (II))— 

(aa) by striking ‘‘school’’ before ‘‘locale 

code’’; 

(bb) by striking ‘‘6, 7, or 8’’ and inserting 

‘‘32, 33, 41, 42, or 43’’; and 

(cc) by striking the period at the end and 

inserting ‘‘; or’’; and 

(IV) by adding at the end the following: 

‘‘(B) the agency meets the criteria established in clause 

(i) of subparagraph (A) and the Secretary, in accordance 

with paragraph (2), grants the local educational agency’s 

request to waive the criteria described in clause (ii) of 

such subparagraph.’’; 

(ii) by redesignating paragraph (2) as paragraph 

(3); and 

(iii) by inserting after paragraph (1) the following: 

‘‘(2) CERTIFICATION.—The Secretary shall determine 

whether to waive the criteria described in paragraph (1)(A)(ii) 

based on a demonstration by the local educational agency, 

and concurrence by the State educational agency, that the 

local educational agency is located in an area defined as rural 

by a governmental agency of the State.’’; 

(C) in subsection (c)(1) by striking ‘‘Bureau of Indian 

Affairs’’ and inserting ‘‘Bureau of Indian Education’’; 

(5) in section 5222(a), by striking paragraphs (1) through 

(7) and inserting the following: 

‘‘(1) Activities authorized under part A of title I. 

‘‘(2) Activities authorized under part A of title II. 

‘‘(3) Activities authorized under title III. 

‘‘(4) Activities authorized under part A of title IV. 
S. 1177—243 

‘‘(5) Parental involvement activities.’’; 

(6) in section 5223— 

(A) in subsection (a), by striking ‘‘at such time, in 

such manner, and accompanied by such information’’ and 

inserting ‘‘at such time and in such manner’’; and 

(B) by striking subsection (b) and inserting the following: 

‘‘(b) CONTENTS.—Each application submitted under subsection 

(a) shall include information on— 

‘‘(1) program objectives and outcomes for activities under 

this subpart, including how the State educational agency or 

specially qualified agency will use funds to help all students 

meet the challenging State academic standards; 

‘‘(2) if the State educational agency will competitively 

award grants to eligible local educational agencies, as described 

in section 5221(b)(3)(A), the application under the section shall 

include— 

‘‘(A) the methods and criteria the State educational 

agency will use to review applications and award funds 

to local educational agencies on a competitive basis; and 

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

eligible local educational agencies of the grant competition; 

and 

‘‘(3) a description of how the State educational agency 

will provide technical assistance to eligible local educational 

agencies to help such agencies implement the activities 

described in section 5222.’’; 

(7) in section 5224— 

(A) by striking the section heading and all that follows 

through ‘‘Each’’ and inserting the following: ‘‘REPORT.— Each’’; 

(B) by striking subsections (b) through (e); 

(C) in the matter preceding paragraph (1), by inserting 

‘‘or specially qualified agency’’ after ‘‘Each State educational 

agency’’; 

(D) by striking paragraph (1) and inserting the following: 

‘‘(1) if the report is submitted by a State educational agency, 

the method the State educational agency used to award grants 

to eligible local educational agencies, and to provide assistance 

to schools, under this subpart;’’; and 

(E) by striking paragraph (3) and inserting the following: 

‘‘(3) the degree to which progress has been made toward 

meeting the objectives and outcomes described in the application submitted under section 5223, including having all students in the State or the area served by the specially qualified 

agency, as applicable, meet the challenging State academic 

standards.’’; 

(8) by inserting after section 5224 the following: 

‘‘SEC. 5225. CHOICE OF PARTICIPATION. 

‘‘(a) IN GENERAL.—If a local educational agency is eligible for 

funding under both this subpart and subpart 1, such local educational agency may receive funds under either this subpart or 

subpart 1 for a fiscal year, but may not receive funds under both 

subparts for such fiscal year. 
S. 1177—244 

‘‘(b) NOTIFICATION.—A local educational agency eligible for 

funding under both this subpart and subpart 1 shall notify the 

Secretary and the State educational agency under which of such 

subparts the local educational agency intends to receive funds for 

a fiscal year by a date that is established by the Secretary for 

the notification.’’; and 

(9) in section 5234, by striking ‘‘$300,000,000 for fiscal 

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

the 5 succeeding fiscal years,’’ and inserting ‘‘$169,840,000 for 

each of the fiscal years 2017 through 2020,’’. 

SEC. 5004. GENERAL PROVISIONS. 

Part C of title V, as redesignated by section 5001 of this 

Act, is amended to read as follows: 

‘‘PART C—GENERAL PROVISIONS 

‘‘SEC. 5301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, 

OR CONTROL. 

‘‘Nothing in this title shall be construed to authorize an officer 

or employee of the Federal Government to mandate, direct, or 

control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curriculum, 

or program of instruction, as a condition of eligibility to receive 

funds under this Act. 

‘‘SEC. 5302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING. 

‘‘Nothing in this title shall be construed to mandate equalized 

spending per pupil for a State, local educational agency, or school.’’. 

SEC. 5005. REVIEW RELATING TO RURAL LOCAL EDUCATIONAL AGENCIES. 

(a) REVIEW AND REPORT.—Not later than 18 months after the 

date of enactment of this Act, the Secretary of Education shall— 

(1) review the organization, structure, and process and 

procedures of the Department of Education for administering 

its programs and developing policy and regulations, in order 

to— 

(A) assess the methods and manner through which, 

and the extent to which, the Department of Education 

takes into account, considers input from, and addresses 

the unique needs and characteristics of rural schools and 

rural local educational agencies; and 

(B) determine actions that the Department of Education can take to meaningfully increase the consideration 

and participation of rural schools and rural local educational agencies in the development and execution of the 

processes, procedures, policies, and regulations of the 

Department of Education; 

(2) make public a preliminary report containing the 

information described in paragraph (1) and provide Congress 

and the public with 60 days to comment on the proposed 

actions described in paragraph (1)(B); and 

(3) issue a final report to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee 

on Education and the Workforce of the House of Representatives, which shall describe the final actions developed pursuant 
S. 1177—245 

to paragraph (1)(B) after taking into account the comments 

submitted under paragraph (2). 

(b) IMPLEMENTATION.—Not later than 2 years after the date 

of enactment of this Act, the Secretary of Education shall— 

(1) carry out each action described in the report under 

subsection (a)(3); or 

(2) in a case in which an action is not carried out, provide 

a written explanation to the Committee on Health, Education, 

Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives of 

why the action was not carried out. 

TITLE VI—INDIAN, NATIVE HAWAIIAN, 

AND ALASKA NATIVE EDUCATION 

SEC. 6001. CONFORMING AMENDMENTS. 

(a) REDESIGNATION OF TITLE.—Title VII (20 U.S.C. 7401 et 

seq.) is redesignated as title VI. 

(b) REDESIGNATIONS AND CONFORMING AMENDMENTS.—The Act 

(20 U.S.C. 6301 et seq.) is amended— 

(1) by redesignating sections 7101, 7102, 7111, 7112, 7113, 

7114, 7115, 7116, 7117, 7118, 7119, 7121, 7122, 7131, 7132, 

7133, 7134, 7135, 7136, 7141, 7142, 7143, 7144, 7151, 7152, 

7201, 7202, 7203, 7204, 7205, 7206, 7207, 7301, 7302, 7303, 

7304, 7305, and 7306, as sections 6101, 6102, 6111, 6112, 

6113, 6114, 6115, 6116, 6117, 6118, 6119, 6121, 6122, 6131, 

6132, 6133, 6134, 6135, 6136, 6141, 6142, 6143, 6144, 6151, 

6152, 6201, 6202, 6203, 6204, 6205, 6206, 6207, 6301, 6302, 

6303, 6304, 6305, and 6306, respectively; 

(2) in section 6112 (as so redesignated), in subsection (b)(1), 

by striking ‘‘section 7117’’ and inserting ‘‘section 6117’’; 

(3) in section 6113 (as so redesignated)— 

(A) in subsection (a)(1)(A), is amended by striking ‘‘section 7117’’ and inserting ‘‘section 6117’’; 

(B) in subsection (b)(1), by striking ‘‘section 7112’’ and 

inserting ‘‘section 6112’’; 

(C) in subsection (d)(2)— 

(i) by striking ‘‘section 7114’’ the first place it 

appears and inserting ‘‘section 6114’’; and 

(ii) by striking ‘‘section 7114(c)(4), section 7118(c), 

or section 7119’’ and inserting ‘‘section 6114(c)(4), section 6118(c), or section 6119’’; and 

(D) in subsection (e), by striking ‘‘section 7152(a)’’ and 

inserting ‘‘6152(a)’’; 

(4) in section 6114 (as so redesignated)— 

(A) in subsection (b)(4), by striking ‘‘section 7115’’ and 

inserting ‘‘section 6115’’; and 

(B) in subsection (c)(4)(D), by striking ‘‘section 7115(c)’’ 

and inserting ‘‘section 6115(c)’’; 

(5) in section 6115 (as so redesignated)— 

(A) in subsection (a)— 

(i) in the matter preceding paragraph (1), by 

striking ‘‘section 7111’’ and inserting ‘‘section 6111’’; 

and 

(ii) in paragraph (1), by striking ‘‘section 7114(a)’’ 

and inserting ‘‘section 6114(a)’’; and 
S. 1177—246 

(B) in subsection (c)— 

(i) in paragraph (1), by striking ‘‘section 7114(c)(4)’’ 

and inserting ‘‘section 6114(c)(4)’’; and 

(ii) in paragraph (2), by striking ‘‘section 7111’’ 

and inserting ‘‘section 6111’’; 

(6) in section 6116 (as so redesignated), in subsection (d)(9), 

by striking ‘‘section 7114(c)(4)’’ and inserting ‘‘section 

6114(c)(4)’’; 

(7) in section 6117 (as so redesignated)— 

(A) in subsection (b)(1)(A)(i), by striking ‘‘section 7151’’ 

and inserting ‘‘section 6151’’; 

(B) in subsection (c), by striking ‘‘section 7151’’ and 

inserting ‘‘section 6151’’; 

(C) in subsection (f)(3), by striking ‘‘section 7113’’ and 

inserting ‘‘section 6113’’; and 

(D) in subsection (h)(1), by striking ‘‘section 7114’’ and 

inserting ‘‘section 6114’’; 

(8) in section 6118 (as so redesignated), in subsection (a), 

by striking ‘‘section 7113’’ and inserting ‘‘section 6113’’; 

(9) in section 6119 (as so redesignated), by striking ‘‘section 

7114’’ and inserting ‘‘section 6114’’; and 

(10) in section 6205 (as so redesignated), in subsection 

(c)— 

(A) in paragraph (1), by striking ‘‘section 7204’’ and 

inserting ‘‘section 6204’’; and 

(B) in paragraph (2), by striking ‘‘section 7204’’ and 

inserting ‘‘section 6204’’. 

SEC. 6002. INDIAN EDUCATION. 

(a) STATEMENT OF POLICY.—Section 6101 (20 U.S.C. 7401) (as 

redesignated by section 6001) is amended by adding at the end 

the following: ‘‘It is further the policy of the United States to 

ensure that Indian children do not attend school in buildings that 

are dilapidated or deteriorating, which may negatively affect the 

academic success of such children.’’. 

(b) PURPOSE.—Section 6102 (20 U.S.C. 7402) (as redesignated 

by section 6001) is amended to read as follows: 

‘‘SEC. 6102. PURPOSE. 

‘‘It is the purpose of this part to support the efforts of local 

educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities— 

‘‘(1) to meet the unique educational and culturally related 

academic needs of Indian students, so that such students can 

meet the challenging State academic standards; 

‘‘(2) to ensure that Indian students gain knowledge and 

understanding of Native communities, languages, tribal histories, traditions, and cultures; and 

‘‘(3) to ensure that teachers, principals, other school leaders, 

and other staff who serve Indian students have the ability 

to provide culturally appropriate and effective instruction and 

supports to such students.’’. 

(c) PURPOSE.—Section 6111 (20 U.S.C. 7421) (as redesignated 

by section 6001) is amended to read as follows: 

‘‘SEC. 6111. PURPOSE. 

‘‘It is the purpose of this subpart to support the efforts of 

local educational agencies, Indian tribes and organizations, and 
S. 1177—247 

other entities in developing elementary school and secondary school 

programs for Indian students that are designed to— 

‘‘(1) meet the unique cultural, language, and educational 

needs of such students; and 

‘‘(2) ensure that all students meet the challenging State 

academic standards.’’. 

(d) GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.— Section 6112 (20 U.S.C. 7422) (as redesignated by section 6001) 

is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) IN GENERAL.—The Secretary may make grants, from allocations made under section 6113, and in accordance with this section 

and section 6113, to— 

‘‘(1) local educational agencies; 

‘‘(2) Indian tribes, as provided under subsection (c)(1); 

‘‘(3) Indian organizations, as provided under subsection 

(c)(1); 

‘‘(4) consortia of 2 or more local educational agencies, Indian 

tribes, Indian organizations, or Indian community-based 

organizations, if each local educational agency participating 

in such a consortium, if applicable— 

‘‘(A) provides an assurance that the eligible Indian 

children served by such local educational agency will 

receive the services of the programs funded under this 

subpart; and 

‘‘(B) is subject to all the requirements, assurances, 

and obligations applicable to local educational agencies 

under this subpart; and 

‘‘(5) Indian community-based organizations, as provided 

under subsection (d)(1).’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘A local educational 

agency shall’’ and inserting ‘‘Subject to paragraph (2), a 

local educational agency shall’’; 

(B) by redesignating paragraph (2) as paragraph (3); 

and 

(C) by inserting after paragraph (1) the following: 

‘‘(2) COOPERATIVE AGREEMENTS.—A local educational 

agency may enter into a cooperative agreement with an Indian 

tribe under this subpart if such Indian tribe— 

‘‘(A) represents not less than 25 percent of the eligible 

Indian children who are served by such local educational 

agency; and 

‘‘(B) requests that the local educational agency enter 

into a cooperative agreement under this subpart.’’; and 

(3) by striking subsection (c) and inserting the following: 

‘‘(c) INDIAN TRIBES AND INDIAN ORGANIZATIONS.— 

‘‘(1) IN GENERAL.—If a local educational agency that is 

otherwise eligible for a grant under this subpart does not 

establish a committee under section 6114(c)(4) for such grant, 

an Indian tribe, an Indian organization, or a consortium of 

such entities, that represents more than one-half of the eligible 

Indian children who are served by such local educational agency 

may apply for such grant. 

‘‘(2) SPECIAL RULE.— ‘‘(A) IN GENERAL.—The Secretary shall treat each 

Indian tribe, Indian organization, or consortium of such 
S. 1177—248 

entities applying for a grant pursuant to paragraph (1) 

as if such tribe, Indian organization, or consortium were 

a local educational agency for purposes of this subpart. 

‘‘(B) EXCEPTIONS.—Notwithstanding subparagraph (A), 

such Indian tribe, Indian organization, or consortium shall 

not be subject to the requirements of subsections (b)(7) 

or (c)(4) of section 6114 or section 6118(c) or 6119. 

‘‘(3) ASSURANCE TO SERVE ALL INDIAN CHILDREN.—An 

Indian tribe, Indian organization, or consortium of such entities 

that is eligible to apply for a grant under paragraph (1) shall 

include, in the application required under section 6114, an 

assurance that the entity will use the grant funds to provide 

services to all Indian students served by the local educational 

agency. 

‘‘(d) INDIAN COMMUNITY-BASED ORGANIZATION.— ‘‘(1) IN GENERAL.—If no local educational agency pursuant 

to subsection (b), and no Indian tribe, Indian organization, 

or consortium pursuant to subsection (c), applies for a grant 

under this subpart in a particular community, an Indian 

community-based organization serving the community of the 

local educational agency may apply for such grant. 

‘‘(2) APPLICABILITY OF SPECIAL RULE.—The Secretary shall 

apply the special rule in subsection (c)(2) to an Indian community-based organization applying for a grant under paragraph 

(1) in the same manner as such rule applies to an Indian 

tribe, Indian organization, or consortium described in that subsection. 

‘‘(3) DEFINITION OF INDIAN COMMUNITY-BASED ORGANIZA- TION.—In this subsection, the term ‘Indian community-based 

organization’ means any organization that— 

‘‘(A) is composed primarily of Indian parents, family 

members, and community members, tribal government education officials, and tribal members, from a specific community; 

‘‘(B) assists in the social, cultural, and educational 

development of Indians in such community; 

‘‘(C) meets the unique cultural, language, and academic 

needs of Indian students; and 

‘‘(D) demonstrates organizational and administrative 

capacity to manage the grant.’’. 

(e) AMOUNT OF GRANTS.—Section 6113 (20 U.S.C. 7423) (as 

redesignated by section 6001) is amended— 

(1) in subsection (b)(1), by striking ‘‘Bureau of Indian 

Affairs’’ and inserting ‘‘Bureau of Indian Education’’; and 

(2) in subsection (d)— 

(A) in the subsection heading, by striking ‘‘INDIAN

AFFAIRS’’ and inserting ‘‘INDIAN EDUCATION’’; and 

(B) in paragraph (1)(A)(i), by striking ‘‘Bureau of Indian 

Affairs’’ and inserting ‘‘Bureau of Indian Education’’. 

(f) APPLICATIONS.—Section 6114 (20 U.S.C. 7424) (as redesignated by section 6001) is amended— 

(1) in subsection (a), by striking ‘‘Each local educational 

agency’’ and inserting ‘‘Each entity described in section 

6112(a)’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘American Indian 

and Alaska Native’’ and inserting ‘‘Indian’’; 
S. 1177—249 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘is consistent 

with the State and local plans’’ and inserting ‘‘is consistent with the State, tribal, and local plans’’; and 

(ii) by striking subparagraph (B) and inserting 

the following: 

‘‘(B) includes program objectives and outcomes for activities 

under this subpart that are based on the same challenging 

State academic standards developed by the State under title 

I for all students;’’; 

(C) by striking paragraph (3) and inserting the following: 

‘‘(3) explains how the grantee will use funds made available 

under this subpart to supplement other Federal, State, and 

local programs that meet the needs of Indian students;’’; 

(D) in paragraph (5)(B), by striking ‘‘and’’ after the 

semicolon; 

(E) in paragraph (6)— 

(i) in subparagraph (B)— 

(I) in clause (i), by striking ‘‘and’’ after the 

semicolon; and 

(II) by adding at the end the following: 

‘‘(iii) the Indian tribes whose children are served 

by the local educational agency, consistent with section 

444 of the General Education Provisions Act (20 U.S.C. 

1232g) (commonly referred to as the ‘Family Educational Rights and Privacy Act of 1974’); and’’; and 

(ii) in subparagraph (C), by striking the period 

at the end and inserting ‘‘; and’’; and 

(F) by adding at the end the following: 

‘‘(7) describes the process the local educational agency used 

to meaningfully collaborate with Indian tribes located in the 

community in a timely, active, and ongoing manner in the 

development of the comprehensive program and the actions 

taken as a result of such collaboration.’’; 

(3) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘for the education 

of Indian children,’’ and inserting ‘‘for services described 

in this subsection,’’; 

(B) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘and’’ after 

the semicolon; 

(ii) in subparagraph (B), by striking ‘‘served by 

such agency;’’ and inserting ‘‘served by such agency, 

and meet program objectives and outcomes for activities under this subpart; and’’; and 

(iii) by adding at the end the following: 

‘‘(C) determine the extent to which such activities by 

the local educational agency address the unique cultural, 

language, and educational needs of Indian students;’’; 

(C) in paragraph (3)— 

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

Indian and Alaska Native’’ and inserting ‘‘Indian’’; and 

(ii) in subparagraph (C)— 

(I) by inserting ‘‘representatives of Indian 

tribes on Indian lands located within 50 miles 

of any school that the agency will serve if such 
S. 1177—250 

tribes have any children in such school, Indian 

organizations,’’ after ‘‘parents of Indian children 

and teachers,’’; and 

(II) by striking ‘‘and’’ after the semicolon; 

(D) in paragraph (4)— 

(i) in subparagraph (A)— 

(I) in clause (i), by inserting ‘‘and family members’’ after ‘‘parents’’; 

(II) by redesignating clauses (ii) and (iii) as 

clauses (iii) and (iv), respectively; and 

(III) by inserting after clause (i) the following: 

‘‘(ii) representatives of Indian tribes on Indian 

lands located within 50 miles of any school that the 

agency will serve if such tribes have any children in 

such school;’’; 

(ii) by striking subparagraph (B) and inserting 

the following: 

‘‘(B) a majority of whose members are parents and 

family members of Indian children;’’; 

(iii) by striking subparagraph (C); 

(iv) by redesignating subparagraphs (D) and (E) 

as subparagraphs (C) and (D), respectively; and 

(v) in subparagraph (C) (as redesignated by clause 

(iv))— 

(I) in clause (i), by striking ‘‘and’’ after the 

semicolon; 

(II) in clause (ii), by striking ‘‘American Indian 

and Alaska Native’’ and inserting ‘‘Indian’’; and 

(III) by adding at the end the following: 

‘‘(iii) determined that the program will directly 

enhance the educational experience of Indian students; 

and’’; and 

(vi) in subparagraph (D), as redesignated by clause 

(iv), by striking the period at the end and inserting 

a semicolon; and 

(E) by adding at the end the following: 

‘‘(5) the local educational agency will coordinate activities 

under this title with other Federal programs supporting educational and related services administered by such agency; 

‘‘(6) the local educational agency conducted outreach to 

parents and family members to meet the requirements under 

this paragraph; 

‘‘(7) the local educational agency will use funds received 

under this subpart only for activities described and authorized 

in this subpart; and 

‘‘(8) the local educational agency has set forth such policies 

and procedures, including policies and procedures relating to 

the hiring of personnel, as will ensure that the program for 

which assistance is sought will be operated and evaluated in 

consultation with, and with the involvement of, parents and 

family members of the children, and representatives of the 

area, to be served.’’; and 

(4) by adding at the end the following: 

‘‘(d) TECHNICAL ASSISTANCE.—The Secretary shall, directly or 

by contract, provide technical assistance to a local educational 

agency or Bureau of Indian Education school upon request (in 

addition to any technical assistance available under other provisions 
S. 1177—251 

of this Act or available through the Institute of Education Sciences) 

to support the services and activities provided under this subpart, 

including technical assistance for— 

‘‘(1) the development of applications under this subpart, 

including identifying eligible entities that have not applied 

for such grants and undertaking appropriate activities to 

encourage such entities to apply for grants under this subpart; 

‘‘(2) improvement in the quality of implementation, content, 

and evaluation of activities supported under this subpart; and 

‘‘(3) integration of activities under this subpart with other 

educational activities carried out by the local educational 

agency.’’. 

(g) AUTHORIZED SERVICES AND ACTIVITIES.—Section 6115 (20 

U.S.C. 7425) (as redesignated by section 6001) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by inserting ‘‘solely for the services and activities described in such application’’ before 

the semicolon; and 

(B) in paragraph (2), by striking ‘‘with special regard 

for’’ and inserting ‘‘to be responsive to’’; 

(2) by striking subsection (b) and inserting the following: 

‘‘(b) PARTICULAR ACTIVITIES.—The services and activities 

referred to in subsection (a) may include— 

‘‘(1) activities that support Native American language programs and Native American language restoration programs, 

which may be taught by traditional leaders; 

‘‘(2) culturally related activities that support the program 

described in the application submitted by the local educational 

agency; 

‘‘(3) early childhood and family programs that emphasize 

school readiness; 

‘‘(4) enrichment programs that focus on problem solving 

and cognitive skills development and directly support the 

attainment of challenging State academic standards; 

‘‘(5) integrated educational services in combination with 

other programs that meet the needs of Indian children and 

their families, including programs that promote parental 

involvement in school activities and increase student achievement; 

‘‘(6) career preparation activities to enable Indian students 

to participate in programs such as the programs supported 

by the Carl D. Perkins Career and Technical Education Act 

of 2006 (20 U.S.C. 2301 et seq.), including programs for techprep education, mentoring, and apprenticeship; 

‘‘(7) activities to educate individuals so as to prevent 

violence, suicide, and substance abuse; 

‘‘(8) the acquisition of equipment, but only if the acquisition 

of the equipment is essential to achieve the purpose described 

in section 6111; 

‘‘(9) activities that promote the incorporation of culturally 

responsive teaching and learning strategies into the educational 

program of the local educational agency; 

‘‘(10) family literacy services; 

‘‘(11) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate 

appropriately qualified tribal elders and seniors; 
S. 1177—252 

‘‘(12) dropout prevention strategies for Indian students; 

and 

‘‘(13) strategies to meet the educational needs of at-risk 

Indian students in correctional facilities, including such strategies that support Indian students who are transitioning from 

such facilities to schools served by local educational agencies.’’; 

(3) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘and’’ after the semicolon; 

(B) in paragraph (2), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) the local educational agency identifies in its application 

how the use of such funds in a schoolwide program will produce 

benefits to Indian students that would not be achieved if the 

funds were not used in a schoolwide program.’’; and 

(4) by adding at the end the following: 

‘‘(e) LIMITATION ON THE USE OF FUNDS.—Funds provided to 

a grantee under this subpart may not be used for long-distance 

travel expenses for training activities that are available locally 

or regionally.’’. 

(h) INTEGRATION OF SERVICES AUTHORIZED.—Section 6116 (20 

U.S.C. 7426) (as redesignated by section 6001) is amended— 

(1) in subsection (g), in the matter preceding paragraph 

(1)— 

(A) by striking ‘‘No Child Left Behind Act of 2001’’ 

and inserting ‘‘Every Student Succeeds Act’’; 

(B) by inserting ‘‘the Secretary of Health and Human 

Services,’’ after ‘‘the Secretary of the Interior,’’; and 

(C) by inserting ‘‘and coordination’’ after ‘‘providing 

for the implementation’’; and 

(2) in subsection (o)— 

(A) in paragraph (1), by striking ‘‘the No Child Left 

Behind Act of 2001’’ and inserting ‘‘the Every Student 

Succeeds Act’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘the No Child Left Behind Act of 

2001’’ and inserting ‘‘the Every Student Succeeds Act’’; 

and 

(ii) by striking the second sentence. 

(i) STUDENT ELIGIBILITY FORMS.—Section 6117 (20 U.S.C. 7427) 

(as redesignated by section 6001) is amended— 

(1) in subsection (a), by adding at the end the following: 

‘‘All individual data collected shall be protected by the local 

educational agencies and only aggregated data shall be reported 

to the Secretary.’’; 

(2) by striking subsection (d); 

(3) by redesignating subsections (e), (f), (g), and (h), as 

subsections (d), (e), (f), and (g), respectively; 

(4) by striking subsection (d), as redesignated by paragraph 

(4), and inserting the following: 

‘‘(d) DOCUMENTATION AND TYPES OF PROOF.— ‘‘(1) TYPES OF PROOF.—For purposes of determining 

whether a child is eligible to be counted for the purpose of 

computing the amount of a grant award under section 6113, 

the membership of the child, or any parent or grandparent 

of the child, in a tribe or band of Indians (as so defined) 
S. 1177—253 

may be established by proof other than an enrollment number, 

notwithstanding the availability of an enrollment number for 

a member of such tribe or band. Nothing in subsection (b) 

shall be construed to require the furnishing of an enrollment 

number. 

‘‘(2) NO NEW OR DUPLICATIVE DETERMINATIONS.—Once a 

child is determined to be an Indian eligible to be counted 

for such grant award, the local educational agency shall maintain a record of such determination and shall not require a 

new or duplicate determination to be made for such child for 

a subsequent application for a grant under this subpart. 

‘‘(3) PREVIOUSLY FILED FORMS.—An Indian student eligibility form that was on file as required by this section on 

the day before the date of enactment of the Every Student 

Succeeds Act and that met the requirements of this section, 

as this section was in effect on the day before the date of 

the enactment of such Act, shall remain valid for such Indian 

student.’’; 

(5) in subsection (f), as redesignated by paragraph (4), 

by striking ‘‘Bureau of Indian Affairs’’ and inserting ‘‘Bureau 

of Indian Education’’; and 

(6) in subsection (g), as redesignated by paragraph (4), 

by striking ‘‘subsection (g)(1)’’ and inserting ‘‘subsection (f)(1)’’. 

(j) PAYMENTS.—Section 6118 (20 U.S.C. 7428) (as redesignated 

by section 6001) is amended, by striking subsection (c) and inserting 

the following: 

‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL

EFFORT.—Each local educational agency shall maintain fiscal effort 

in accordance with section 8521 or be subject to reduced payments 

under this subpart in accordance with such section 8521.’’. 

(k) IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN

CHILDREN AND YOUTH.—Section 6121 (20 U.S.C. 7441) (as redesignated by section 6001) is amended— 

(1) by striking the section header and inserting the following: 

‘‘SEC. 6121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR 

INDIAN CHILDREN AND YOUTH.’’; 

(2) in subsection (a)— 

(A) in paragraph (1), by inserting ‘‘and youth’’ after 

‘‘Indian children’’; and 

(B) in paragraph (2)(B), by striking ‘‘American Indian 

and Alaska Native children’’ and inserting ‘‘Indian children 

and youth’’; 

(3) in subsection (b), by striking ‘‘Indian institution 

(including an Indian institution of higher education)’’ and 

inserting ‘‘a Tribal College or University (as defined in section 

316(b) of the Higher Education Act of 1965 (20 U.S.C. 

1059c(b)))’’; 

(4) by striking subsection (c) and inserting the following: 

‘‘(c) GRANTS AUTHORIZED.—The Secretary shall award grants 

to eligible entities to enable such entities to carry out activities 

that meet the purpose of this section, including— 

‘‘(1) innovative programs related to the educational needs 

of educationally disadvantaged Indian children and youth; 

‘‘(2) educational services that are not available to such 

children and youth in sufficient quantity or quality, including 
S. 1177—254 

remedial instruction, to raise the achievement of Indian children in one or more of the subjects of English, mathematics, 

science, foreign languages, art, history, and geography; 

‘‘(3) bilingual and bicultural programs and projects; 

‘‘(4) special health and nutrition services, and other related 

activities, that address the special health, social, and psychological problems of Indian children and youth; 

‘‘(5) special compensatory and other programs and projects 

designed to assist and encourage Indian children and youth 

to enter, remain in, or reenter school, and to increase the 

rate of high school graduation for Indian children and youth; 

‘‘(6) comprehensive guidance, counseling, and testing services; 

‘‘(7) early childhood education programs that are effective 

in preparing young children to make sufficient academic growth 

by the end of grade 3, including kindergarten and pre-kindergarten programs, family-based preschool programs that emphasize school readiness, screening and referral, and the provision 

of services to Indian children and youth with disabilities; 

‘‘(8) partnership projects between local educational agencies 

and institutions of higher education that allow secondary school 

students to enroll in courses at the postsecondary level to 

aid such students in the transition from secondary to postsecondary education; 

‘‘(9) partnership projects between schools and local 

businesses for career preparation programs designed to provide 

Indian youth with the knowledge and skills such youth need 

to make an effective transition from school to a high-skill 

career; 

‘‘(10) programs designed to encourage and assist Indian 

students to work toward, and gain entrance into, institutions 

of higher education; 

‘‘(11) family literacy services; 

‘‘(12) activities that recognize and support the unique cultural and educational needs of Indian children and youth, and 

incorporate traditional leaders; 

‘‘(13) high-quality professional development of teaching 

professionals and paraprofessionals; or 

‘‘(14) other services that meet the purpose described in 

this section.’’; and 

(5) in subsection (d)— 

(A) in paragraph (1)(C), by striking ‘‘make a grant 

payment for a grant described in this paragraph to an 

eligible entity after the initial year of the multiyear grant 

only if the Secretary determines’’ and inserting ‘‘award 

grants for an initial period of not more than 3 years and 

may renew such grants for not more than an additional 

2 years if the Secretary determines’’; and 

(B) in paragraph (3)(B)— 

(i) in clause (i), by striking ‘‘parents of Indian 

children’’ and inserting ‘‘parents and family of Indian 

children’’; and 

(ii) in clause (iii), by striking ‘‘information demonstrating that the proposed program for the activities 

is a scientifically based research program’’ and 

inserting ‘‘information demonstrating that the proposed 

program is an evidence-based program’’. 
S. 1177—255 

(l) PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION

PROFESSIONALS.—Section 6122 (20 U.S.C. 7442) (as redesignated 

by section 6001) is amended— 

(1) in subsection (a)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) to increase the number of qualified Indian teachers 

and administrators serving Indian students;’’; 

(B) by striking paragraph (2) and inserting the following: 

‘‘(2) to provide pre- and in-service training and support 

to qualified Indian individuals to enable such individuals to 

become effective teachers, principals, other school leaders, 

administrators, paraprofessionals, counselors, social workers, 

and specialized instructional support personnel;’’; 

(C) in paragraph (3), by striking the period at the 

end and inserting ‘‘; and’’; and 

(D) by adding at the end the following: 

‘‘(4) to develop and implement initiatives to promote retention of effective teachers, principals, and school leaders who 

have a record of success in helping low-achieving Indian students improve their academic achievement, outcomes, and 

preparation for postsecondary education or employment.’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘including an Indian 

institution of higher education’’ and inserting ‘‘including 

a Tribal College or University, as defined in section 316(b) 

of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))’’; 

and 

(B) in paragraph (4), by inserting ‘‘in a consortium 

with at least one Tribal College or University, as defined 

in section 316(b) of the Higher Education Act of 1965 

(20 U.S.C. 1059c(b)), where feasible’’ before the period at 

the end; 

(3) in subsection (d)(1)— 

(A) in the first sentence, by striking ‘‘purposes’’ and 

inserting ‘‘purpose’’; and 

(B) by striking the second sentence and inserting ‘‘Such 

activities may include— 

‘‘(A) continuing education programs, symposia, workshops, and conferences; 

‘‘(B) teacher mentoring programs, professional guidance, and instructional support provided by educators, local 

traditional leaders, or cultural experts, as appropriate for 

teachers during their first 3 years of employment as 

teachers; 

‘‘(C) direct financial support; and 

‘‘(D) programs designed to train traditional leaders 

and cultural experts to assist those personnel referenced 

in subsection (a)(2), as appropriate, with relevant Native 

language and cultural mentoring, guidance, and support.’’; 

and 

(4) by striking subsection (e) and inserting the following: 

‘‘(e) APPLICATION.—Each eligible entity desiring a grant under 

this section shall submit an application to the Secretary at such 

time and in such manner as the Secretary may reasonably require. 
S. 1177—256 

At a minimum, an application under this section shall describe 

how the eligible entity will— 

‘‘(1) recruit qualified Indian individuals, such as students 

who may not be of traditional college age, to become teachers, 

principals, or school leaders; 

‘‘(2) use funds made available under the grant to support 

the recruitment, preparation, and professional development of 

Indian teachers or principals in local educational agencies that 

serve a high proportion of Indian students; and 

‘‘(3) assist participants in meeting the requirements under 

subsection (h).’’; 

(5) in subsection (f)— 

(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; 

(B) by inserting before paragraph (2), as redesignated 

by subparagraph (A), the following: 

‘‘(1) may give priority to Tribal Colleges and Universities;’’; 

and 

(C) in paragraph (3), as redesignated by subparagraph 

(A), by striking ‘‘basis of’’ and all that follows through 

the period at the end and inserting ‘‘basis of the length 

of any period for which the eligible entity has received 

a grant.’’; 

(6) by striking subsection (g) and inserting the following: 

‘‘(g) GRANT PERIOD.—The Secretary shall award grants under 

this section for an initial period of not more than 3 years, and 

may renew such grants for an additional period of not more than 

2 years if the Secretary finds that the grantee is achieving the 

objectives of the grant.’’; and 

(7) in subsection (h)(1)(A)(ii), by striking ‘‘people’’ and 

inserting ‘‘students in a local educational agency that serves 

a high proportion of Indian students’’. 

(m) NATIONAL RESEARCH ACTIVITIES.—Section 6131 (20 U.S.C. 

7451) (as redesignated by section 6001) is amended— 

(1) in subsection (a), by striking ‘‘under section 7152(b)’’ 

and inserting ‘‘to carry out this subpart’’; and 

(2) in subsection (c)(2), by inserting ‘‘, the Bureau of Indian 

Education,’’ after ‘‘Office of Indian Education Programs’’. 

(n) IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHILDREN; 

FELLOWSHIPS FOR INDIAN STUDENTS; GIFTED AND TALENTED INDIAN

STUDENTS.—Title VI (20 U.S.C. 7401 et seq.) (as redesignated by 

section 6001) is amended— 

(1) by striking sections 6132, 6133, and 6134 (as redesignated by section 6001); and 

(2) by redesignating section 6135 (as redesignated by section 6001) as section 6132. 

(o) NATIVE AMERICAN LANGUAGE.—Title VI (20 U.S.C. 7401 

et seq.) (as redesignated by section 6001) is amended by inserting 

after section 6132 (as redesignated by subsection (n)(2)) the following: 

‘‘SEC. 6133. NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE 

IMMERSION SCHOOLS AND PROGRAMS. 

‘‘(a) PURPOSES.—The purposes of this section are— 

‘‘(1) to establish a grant program to support schools that 

use Native American and Alaska Native languages as the primary language of instruction; 
S. 1177—257 

‘‘(2) to maintain, protect, and promote the rights and 

freedom of Native Americans and Alaska Natives to use, practice, maintain, and revitalize their languages, as envisioned 

in the Native American Languages Act (25 U.S.C. 2901 et 

seq.); and 

‘‘(3) to support the Nation’s First Peoples’ efforts to maintain and revitalize their languages and cultures, and to improve 

educational opportunities and student outcomes within Native 

American and Alaska Native communities. 

‘‘(b) PROGRAM AUTHORIZED.— 

‘‘(1) IN GENERAL.—From funds reserved under section 

6152(c), the Secretary shall reserve 20 percent to make grants 

to eligible entities to develop and maintain, or to improve 

and expand, programs that support schools, including 

elementary school and secondary school education sites and 

streams, using Native American and Alaska Native languages 

as the primary languages of instruction. 

‘‘(2) ELIGIBLE ENTITIES.—In this subsection, the term 

‘eligible entity’ means any of the following entities that has 

a plan to develop and maintain, or to improve and expand, 

programs that support the entity’s use of a Native American 

or Alaska Native language as the primary language of instruction in elementary schools or secondary schools, or both: 

‘‘(A) An Indian tribe. 

‘‘(B) A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 

1059c)). 

‘‘(C) A tribal education agency. 

‘‘(D) A local educational agency, including a public 

charter school that is a local educational agency under 

State law. 

‘‘(E) A school operated by the Bureau of Indian Education. 

‘‘(F) An Alaska Native Regional Corporation (as 

described in section 3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g))). 

‘‘(G) A private, tribal, or Alaska Native nonprofit 

organization. 

‘‘(H) A nontribal for-profit organization. 

‘‘(c) APPLICATION.— 

‘‘(1) IN GENERAL.—An eligible entity that desires to receive 

a grant under this section shall submit an application to the 

Secretary at such time and in such manner as the Secretary 

may require, including the following: 

‘‘(A) The name of the Native American or Alaska Native 

language to be used for instruction at the school supported 

by the eligible entity. 

‘‘(B) The number of students attending such school. 

‘‘(C) The number of hours of instruction in or through 

1 or more Native American or Alaska Native languages 

being provided to targeted students at such school, if any. 

‘‘(D) A description of how the eligible entity will— 

‘‘(i) use the funds provided to meet the purposes 

of this section; 

‘‘(ii) implement the activities described in subsection (e); 
S. 1177—258 

‘‘(iii) ensure the implementation of rigorous academic content; and 

‘‘(iv) ensure that students progress toward highlevel fluency goals. 

‘‘(E) Information regarding the school’s organizational 

governance or affiliations, including information about— 

‘‘(i) the school governing entity (such as a local 

educational agency, tribal education agency or department, charter organization, private organization, or 

other governing entity); 

‘‘(ii) the school’s accreditation status; 

‘‘(iii) any partnerships with institutions of higher 

education; and 

‘‘(iv) any indigenous language schooling and 

research cooperatives. 

‘‘(F) An assurance that— 

‘‘(i) the school is engaged in meeting State or tribally designated long-term goals for students, as may 

be required by applicable Federal, State, or tribal law; 

‘‘(ii) the school provides assessments of students 

using the Native American or Alaska Native language 

of instruction, where possible; 

‘‘(iii) the qualifications of all instructional and 

leadership personnel at such school is sufficient to 

deliver high-quality education through the Native 

American or Alaska Native language used in the 

school; and 

‘‘(iv) the school will collect and report to the public 

data relative to student achievement and, if appropriate, rates of high school graduation, career readiness, and enrollment in postsecondary education or 

workforce development programs, of students who are 

enrolled in the school’s programs. 

‘‘(2) LIMITATION.—The Secretary shall not give a priority 

in awarding grants under this section based on the information 

described in paragraph (1)(E). 

‘‘(3) SUBMISSION OF CERTIFICATION.— 

‘‘(A) IN GENERAL.—An eligible entity that is a public 

elementary school or secondary school (including a public 

charter school or a school operated by the Bureau of Indian 

Education) or a nontribal for-profit or nonprofit organization shall submit, along with the application requirements 

described in paragraph (1), a certification described in 

subparagraph (B) indicating that— 

‘‘(i) the school or organization has the capacity 

to provide education primarily through a Native American or an Alaska Native language; and 

‘‘(ii) there are sufficient speakers of the target 

language at the school or available to be hired by 

the school or organization. 

‘‘(B) CERTIFICATION.—The certification described in 

subparagraph (A) shall be from one of the following entities, 

on whose land the school or program is located, that is 

an entity served by such school, or that is an entity whose 

members (as defined by that entity) are served by the 

school: 
S. 1177—259 

‘‘(i) A Tribal College or University (as defined in 

section 316 of the Higher Education Act of 1965 (20 

U.S.C. 1059c)). 

‘‘(ii) A Federally recognized Indian tribe or tribal 

organization. 

‘‘(iii) An Alaska Native Regional Corporation or 

an Alaska Native nonprofit organization. 

‘‘(iv) A Native Hawaiian organization. 

‘‘(d) AWARDING OF GRANTS.—In awarding grants under this 

section, the Secretary shall— 

‘‘(1) determine the amount of each grant and the duration 

of each grant, which shall not exceed 3 years; and 

‘‘(2) ensure, to the maximum extent feasible, that diversity 

in languages is represented. 

‘‘(e) ACTIVITIES AUTHORIZED.— ‘‘(1) REQUIRED ACTIVITIES.—An eligible entity that receives 

a grant under this section shall use such funds to carry out 

the following activities: 

‘‘(A) Supporting Native American or Alaska Native language education and development. 

‘‘(B) Providing professional development for teachers 

and, as appropriate, staff and administrators to strengthen 

the overall language and academic goals of the school that 

will be served by the grant program. 

‘‘(2) ALLOWABLE ACTIVITIES.—An eligible entity that 

receives a grant under this section may use such funds to 

carry out the following activities: 

‘‘(A) Developing or refining curriculum, including 

teaching materials and activities, as appropriate. 

‘‘(B) Creating or refining assessments written in the 

Native American or Alaska Native language of instruction 

that measure student proficiency and that are aligned with 

State or tribal academic standards. 

‘‘(C) Carrying out other activities that promote the 

maintenance and revitalization of the Native American 

or Alaska Native language relevant to the grant program. 

‘‘(f) REPORT TO SECRETARY.—Each eligible entity that receives 

a grant under this section shall prepare and submit an annual 

report to the Secretary, which shall include— 

‘‘(1) the activities the entity carried out to meet the purposes of this section; and 

‘‘(2) the number of children served by the program and 

the number of instructional hours in the Native American 

or Alaska Native language. 

‘‘(g) ADMINISTRATIVE COSTS.—Not more than 5 percent of the 

funds provided to a grantee under this section for any fiscal year 

may be used for administrative purposes.’’. 

(p) GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLAN- NING, DEVELOPMENT, AND COORDINATION.—Section 6132 (20 U.S.C. 

7455) (as redesignated by subsection (n)) is amended to read as 

follows: 

‘‘SEC. 6132. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE 

PLANNING, DEVELOPMENT, AND COORDINATION. 

‘‘(a) IN GENERAL.—The Secretary may award grants under this 

section to eligible applicants to enable the eligible applicants to— 

‘‘(1) promote tribal self-determination in education; 
S. 1177—260 

‘‘(2) improve the academic achievement of Indian children 

and youth; and 

‘‘(3) promote the coordination and collaboration of tribal 

educational agencies with State educational agencies and local 

educational agencies to meet the unique educational and culturally related academic needs of Indian students. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE APPLICANT.—In this section, the term ‘eligible 

applicant’ means— 

‘‘(A) an Indian tribe or tribal organization approved 

by an Indian tribe; or 

‘‘(B) a tribal educational agency. 

‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ means a federally recognized tribe or a State-recognized tribe. 

‘‘(3) TRIBAL EDUCATIONAL AGENCY.—The term ‘tribal educational agency’ means the agency, department, or instrumentality of an Indian tribe that is primarily responsible for supporting tribal students’ elementary and secondary education. 

‘‘(c) GRANT PROGRAM.—The Secretary may award grants to— 

‘‘(1) eligible applicants described under subsection (b)(1)(A) 

to plan and develop a tribal educational agency, if the tribe 

or organization has no current tribal educational agency, for 

a period of not more than 1 year; and 

‘‘(2) eligible applicants described under subsection (b)(1)(B), 

for a period of not more than 3 years, in order to— 

‘‘(A) directly administer education programs, including 

formula grant programs under this Act, consistent with 

State law and under a written agreement between the 

parties; 

‘‘(B) build capacity to administer and coordinate such 

education programs, and to improve the relationship and 

coordination between such applicants and the State educational agencies and local educational agencies that educate students from the tribe; 

‘‘(C) receive training and support from the State educational agency and local educational agency, in areas such 

as data collection and analysis, grants management and 

monitoring, fiscal accountability, and other areas as 

needed; 

‘‘(D) train and support the State educational agency 

and local educational agency in areas related to tribal 

history, language, or culture; 

‘‘(E) build on existing activities or resources rather 

than replacing other funds; and 

‘‘(F) carry out other activities, consistent with the purposes of this section. 

‘‘(d) GRANT APPLICATION.— 

‘‘(1) IN GENERAL.—Each eligible applicant desiring a grant 

under this section shall submit an application to the Secretary 

at such time and in such manner as the Secretary may reasonably prescribe. 

‘‘(2) CONTENTS.—Each application described in paragraph 

(1) shall contain— 

‘‘(A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant; 

‘‘(B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance 
S. 1177—261 

is sought and for determining whether such objectives are 

achieved; and 

‘‘(C) for applications for activities under subsection 

(c)(2), evidence of— 

‘‘(i) a preliminary agreement with the appropriate 

State educational agency, 1 or more local educational 

agencies, or both the State educational agency and 

a local educational agency; and 

‘‘(ii) existing capacity as a tribal educational 

agency. 

‘‘(3) APPROVAL.—The Secretary may approve an application 

submitted by an eligible applicant under this subsection if 

the application, including any documentation submitted with 

the application— 

‘‘(A) demonstrates that the eligible applicant has consulted with other education entities, if any, within the 

territorial jurisdiction of the applicant that will be affected 

by the activities to be conducted under the grant; 

‘‘(B) provides for consultation with such other education 

entities in the operation and evaluation of the activities 

conducted under the grant; and 

‘‘(C) demonstrates that there will be adequate resources 

provided under this section or from other sources to complete the activities for which assistance is sought. 

‘‘(e) RESTRICTIONS.— 

‘‘(1) IN GENERAL.—An Indian tribe may not receive funds 

under this section if the tribe receives funds under section 

1140 of the Education Amendments of 1978 (20 U.S.C. 2020). 

‘‘(2) DIRECT SERVICES.—No funds under this section may 

be used to provide direct services. 

‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds under this section 

shall be used to supplement, and not supplant, other Federal, 

State, and local programs that meet the needs of tribal students.’’. 

(q) IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT

INDIANS.—Title VI (20 U.S.C. 7401 et seq.) (as redesignated by 

section 6001) is amended by striking section 6136. 

(r) NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.—Section 6141(b)(1) (20 U.S.C. 7471(b)(1)) (as redesignated by section 

6001) is amended by inserting ‘‘and the Secretary of the Interior’’ 

after ‘‘advise the Secretary’’. 

(s) DEFINITIONS.—Section 6151 (20 U.S.C. 7491) (as redesignated by section 6001) is amended by adding at the end the following: 

‘‘(4) TRADITIONAL LEADERS.—The term ‘traditional leaders’ 

has the meaning given the term in section 103 of the Native 

American Languages Act (25 U.S.C. 2902).’’. 

(t) AUTHORIZATIONS OF APPROPRIATIONS.—Section 6152 (20 

U.S.C. 7492) (as redesignated by section 6001) is amended— 

(1) in subsection (a), by striking ‘‘$96,400,000 for fiscal 

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

the 5 succeeding fiscal years’’ and inserting ‘‘$100,381,000 for 

fiscal year 2017, $102,388,620 for fiscal year 2018, $104,436,392 

for fiscal year 2019, and $106,525,120 for fiscal year 2020’’; 

(2) in subsection (b)— 

(A) in the subsection heading, by striking ‘‘SUBPARTS

2 AND 3’’ and inserting ‘‘SUBPART 2’’; 
S. 1177—262 

(B) by striking ‘‘subparts 2 and 3’’ and inserting ‘‘subpart 2’’; and (C) by striking ‘‘$24,000,000 for fiscal year 2002 and 

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

fiscal years’’ and inserting ‘‘$17,993,000 for each of fiscal 

years 2017 through 2020’’; and 

(3) by adding at the end the following: 

‘‘(c) SUBPART 3.—For the purpose of carrying out subpart 3, there are authorized to be appropriated $5,565,000 for each of 

fiscal years 2017 through 2020.’’. 

SEC. 6003. NATIVE HAWAIIAN EDUCATION. 

(a) FINDINGS.—Section 6202 (20 U.S.C. 7512) (as redesignated 

by section 6001) is amended by striking paragraphs (14) through 

(21). 

(b) NATIVE HAWAIIAN EDUCATION COUNCIL.—Section 6204 (20 

U.S.C. 7514) (as redesignated by section 6001) is amended to read 

as follows: 

‘‘SEC. 6204. NATIVE HAWAIIAN EDUCATION COUNCIL. 

‘‘(a) GRANT AUTHORIZED.—In order to better effectuate the purposes of this part through the coordination of educational and 

related services and programs available to Native Hawaiians, 

including those programs that receive funding under this part, 

the Secretary shall award a grant to the education council described 

under subsection (b). 

‘‘(b) EDUCATION COUNCIL.— 

‘‘(1) ELIGIBILITY.—To be eligible to receive the grant under 

subsection (a), the council shall be an education council 

(referred to in this section as the ‘Education Council’) that 

meets the requirements of this subsection. 

‘‘(2) COMPOSITION.—The Education Council shall consist 

of 15 members, of whom— 

‘‘(A) 1 shall be the President of the University of 

Hawaii (or a designee); 

‘‘(B) 1 shall be the Governor of the State of Hawaii 

(or a designee); 

‘‘(C) 1 shall be the Superintendent of the State of 

Hawaii Department of Education (or a designee); 

‘‘(D) 1 shall be the chairperson of the Office of 

Hawaiian Affairs (or a designee); 

‘‘(E) 1 shall be the executive director of Hawaii’s 

Charter School Network (or a designee); 

‘‘(F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee); 

‘‘(G) 1 shall be the Chief Executive Officer of the Queen 

Liliuokalani Trust (or a designee); 

‘‘(H) 1 shall be appointed by the Secretary, in a timely 

manner, and chosen from a list of 5 individuals who represent one or more private grant-making entities that is 

submitted to the Secretary by the Education Council; 

‘‘(I) 1 shall be the Mayor of the County of Hawaii 

(or a designee); 

‘‘(J) 1 shall be the Mayor of Maui County (or a designee 

from the Island of Maui); 

‘‘(K) 1 shall be the Mayor of the County of Kauai 

(or a designee); 
S. 1177—263 

‘‘(L) 1 shall be appointed by the Secretary, in a timely 

manner, and chosen from a list of 5 individuals who are 

from the Island of Molokai or the Island of Lanai that 

is submitted to the Secretary by the Mayor of Maui County; 

‘‘(M) 1 shall be the Mayor of the City and County 

of Honolulu (or a designee); 

‘‘(N) 1 shall be the chairperson of the Hawaiian Homes 

Commission (or a designee); and 

‘‘(O) 1 shall be the chairperson of the Hawaii Workforce 

Development Council (or a designee representing the private sector). 

‘‘(3) REQUIREMENTS.—Any designee serving on the Education Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native 

Hawaiian community, not less than 5 years of experience as 

a consumer or provider of Native Hawaiian educational or 

cultural activities, with traditional cultural experience given 

due consideration. 

‘‘(4) LIMITATION.—A member (including a designee), while 

serving on the Education Council, shall not be a direct recipient 

or administrator of grant funds that are awarded under this 

part. 

‘‘(5) TERM OF MEMBERS.—A member who is a designee 

shall serve for a term of not more than 4 years. 

‘‘(6) CHAIR; VICE CHAIR.— 

‘‘(A) SELECTION.—The Education Council shall select 

a Chairperson and a Vice Chairperson from among the 

members of the Education Council. 

‘‘(B) TERM LIMITS.—The Chairperson and Vice Chairperson shall each serve for a 2-year term. 

‘‘(7) ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION

COUNCIL.—The Education Council shall meet at the call of 

the Chairperson of the Council, or upon request by a majority 

of the members of the Education Council, but in any event 

not less often than every 120 days. 

‘‘(8) NO COMPENSATION.—None of the funds made available 

through the grant may be used to provide compensation to 

any member of the Education Council or member of a working 

group established by the Education Council, for functions 

described in this section. 

‘‘(c) USE OF FUNDS FOR COORDINATION ACTIVITIES.—The Education Council shall use funds made available through a grant 

under subsection (a) to carry out each of the following activities: 

‘‘(1) Providing advice about the coordination of, and serving 

as a clearinghouse for, the educational and related services 

and programs available to Native Hawaiians, including the 

programs assisted under this part. 

‘‘(2) Assessing the extent to which such services and programs meet the needs of Native Hawaiians, and collecting 

data on the status of Native Hawaiian education. 

‘‘(3) Providing direction and guidance, through the issuance 

of reports and recommendations, to appropriate Federal, State, 

and local agencies in order to focus and improve the use of 

resources, including resources made available under this part, 

relating to Native Hawaiian education, and serving, where 

appropriate, in an advisory capacity. 
S. 1177—264 

‘‘(4) Awarding grants, if such grants enable the Education 

Council to carry out the activities described in paragraphs 

(1) through (3). 

‘‘(5) Hiring an executive director, who shall assist in executing the duties and powers of the Education Council, as 

described in subsection (d). 

‘‘(d) USE OF FUNDS FOR TECHNICAL ASSISTANCE.—The Education Council shall use funds made available through a grant 

under subsection (a) to— 

‘‘(1) provide technical assistance to Native Hawaiian 

organizations that are grantees or potential grantees under 

this part; 

‘‘(2) obtain from such grantees information and data 

regarding grants awarded under this part, including information and data about— 

‘‘(A) the effectiveness of such grantees in meeting the 

educational priorities established by the Education Council, 

as described in paragraph (6)(D), using metrics related 

to these priorities; and 

‘‘(B) the effectiveness of such grantees in carrying out 

any of the activities described in paragraph (3) of section 

6205(a) that are related to the specific goals and purposes 

of each grantee’s grant project, using metrics related to 

these goals and purposes; 

‘‘(3) assess and define the educational needs of Native 

Hawaiians; 

‘‘(4) assess the programs and services available to address 

the educational needs of Native Hawaiians; 

‘‘(5) assess and evaluate the individual and aggregate 

impact achieved by grantees under this part in improving 

Native Hawaiian educational performance and meeting the 

goals of this part, using metrics related to these goals; and 

‘‘(6) prepare and submit to the Secretary, at the end of 

each calendar year, an annual report that contains— 

‘‘(A) a description of the activities of the Education 

Council during the calendar year; 

‘‘(B) a description of significant barriers to achieving 

the goals of this part; 

‘‘(C) a summary of each community consultation session described in subsection (e); and 

‘‘(D) recommendations to establish priorities for 

funding under this part, based on an assessment of— 

‘‘(i) the educational needs of Native Hawaiians; 

‘‘(ii) programs and services available to address 

such needs; 

‘‘(iii) the effectiveness of programs in improving 

the educational performance of Native Hawaiian students to help such students meet challenging State 

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

‘‘(iv) priorities for funding in specific geographic 

communities. 

‘‘(e) USE OF FUNDS FOR COMMUNITY CONSULTATIONS.—The Education Council shall use funds made available through the grant 

under subsection (a) to hold not less than 1 community consultation 

each year on each of the islands of Hawaii, Maui, Molokai, Lanai, 

Oahu, and Kauai, at which— 
S. 1177—265 

‘‘(1) not fewer than 3 members of the Education Council 

shall be in attendance; 

‘‘(2) the Education Council shall gather community input 

regarding— 

‘‘(A) current grantees under this part, as of the date 

of the consultation; 

‘‘(B) priorities and needs of Native Hawaiians; and 

‘‘(C) other Native Hawaiian education issues; and 

‘‘(3) the Education Council shall report to the community 

on the outcomes of the activities supported by grants awarded 

under this part. 

‘‘(f) FUNDING.—For each fiscal year, the Secretary shall use 

the amount described in section 6205(c)(2), to make a payment 

under the grant. Funds made available through the grant shall 

remain available until expended.’’. 

(c) PROGRAM AUTHORIZED.—Section 6205 (20 U.S.C. 7515) (as 

redesignated by section 6001) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) in subparagraph (C), by striking ‘‘and’’ after 

the semicolon; 

(ii) by redesignating subparagraph (D) as subparagraph (E); and 

(iii) by inserting after subparagraph (C) the following: 

‘‘(D) charter schools; and’’; 

(B) in paragraph (3)— 

(i) in subparagraph (C)— 

(I) by striking ‘‘third grade’’ and inserting 

‘‘grade 3’’; and 

(II) by striking ‘‘fifth and sixth grade’’ and 

inserting ‘‘grades 5 and 6’’; 

(ii) in subparagraph (D)(ii), by striking ‘‘of those 

students’’ and inserting ‘‘of such students’’; 

(iii) in subparagraph (E)(ii), by striking ‘‘students’ 

educational progress’’ and inserting ‘‘educational 

progress of such students’’; 

(iv) in subparagraph (G)(ii), by striking ‘‘concentrations’’ and all that follows through ‘‘; and’’ and inserting 

‘‘high concentrations of Native Hawaiian students to 

meet the unique needs of such students; and’’; and 

(v) in subparagraph (H)— 

(I) in the matter preceding clause (i), by 

striking ‘‘families’’ and inserting ‘‘students, parents, families,’’; 

(II) in clause (i), by striking ‘‘preschool programs’’ and inserting ‘‘early childhood education 

programs’’; 

(III) by striking clause (ii) and inserting the 

following: 

‘‘(ii) before, after, and summer school programs, 

expanded learning time, or weekend academies;’’; and 

(IV) in clause (iii), by striking ‘‘vocational and 

adult education programs’’ and inserting ‘‘career 

and technical education programs’’; and 

(vi) by striking clauses (i) through (v) of subparagraph (I) and inserting the following: 
S. 1177—266 

‘‘(i) family literacy services; and 

‘‘(ii) counseling, guidance, and support services for 

students;’’; and 

(C) by striking paragraph (4); and 

(2) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘such sums as may 

be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years’’ and inserting ‘‘$32,397,000 for each 

of fiscal years 2017 through 2020’’; and 

(B) in paragraph (2), by striking ‘‘for fiscal year 2002 

and each of the 5 succeeding fiscal years’’ and inserting 

‘‘for each of fiscal years 2017 through 2020’’. 

(d) DEFINITIONS.—Section 6207 (20 U.S.C. 7517) (as redesignated by section 6001) is amended— 

(1) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and 

(2) by inserting before paragraph (2), as redesignated by 

paragraph (1), the following: 

‘‘(1) COMMUNITY CONSULTATION.—The term ‘community 

consultation’ means a public gathering— 

‘‘(A) to discuss Native Hawaiian education concerns; 

and 

‘‘(B) about which the public has been given not less 

than 30 days notice.’’. 

SEC. 6004. ALASKA NATIVE EDUCATION. 

(a) FINDINGS.—Section 6302 (20 U.S.C. 7542) (as redesignated 

by section 6001) is amended by striking paragraphs (1) through 

(7) and inserting the following: 

‘‘(1) It is the policy of the Federal Government to maximize 

the leadership of and participation by Alaska Natives in the 

planning and the management of Alaska Native education programs and to support efforts developed by and undertaken 

within the Alaska Native community to improve educational 

opportunity for all students. 

‘‘(2) Many Alaska Native children enter and exit school 

with serious educational disadvantages. 

‘‘(3) Overcoming the magnitude of the geographic challenges, historical inequities, and other barriers to successfully 

improving educational outcomes for Alaska Native students 

in rural, village, and urban settings is challenging. Significant 

disparities between academic achievement of Alaska Native 

students and non-Native students continue, including lower 

graduation rates, increased school dropout rates, and lower 

achievement scores on standardized tests. 

‘‘(4) The preservation of Alaska Native cultures and languages and the integration of Alaska Native cultures and languages into education, positive identity development for Alaska 

Native students, and local, place-based, and culture-based 

programming are critical to the attainment of educational success and the long-term well-being of Alaska Native students. 

‘‘(5) Improving educational outcomes for Alaska Native students increases access to employment opportunities. 

‘‘(6) The Federal Government should lend support to efforts 

developed by and undertaken within the Alaska Native community to improve educational opportunity for Alaska Native students. In 1983, pursuant to Public Law 98–63, Alaska ceased 
S. 1177—267 

to receive educational funding from the Bureau of Indian 

Affairs. The Bureau of Indian Education does not operate any 

schools in Alaska, nor operate or fund Alaska Native education 

programs. The program under this part supports the Federal 

trust responsibility of the United States to Alaska Natives.’’. 

(b) PURPOSES.—Section 6303 (20 U.S.C. 7543) (as redesignated 

by section 6001) is amended— 

(1) in paragraph (1), by inserting ‘‘and address’’ after ‘‘To 

recognize’’; 

(2) by striking paragraph (3); 

(3) by redesignating paragraphs (2) and (4) as paragraphs 

(4) and (5), respectively; 

(4) by inserting after paragraph (1) the following: 

‘‘(2) To recognize the role of Alaska Native languages and 

cultures in the educational success and long-term well-being 

of Alaska Native students. 

‘‘(3) To integrate Alaska Native cultures and languages 

into education, develop Alaska Native students’ positive 

identity, and support local place-based and culture-based curriculum and programming.’’; 

(5) in paragraph (4), as redesignated by paragraph (3), 

by striking ‘‘of supplemental educational programs to benefit 

Alaska Natives.’’ and inserting ‘‘, management, and expansion 

of effective supplemental educational programs to benefit 

Alaska Natives.’’; and 

(6) by adding at the end the following: 

‘‘(6) To ensure the maximum participation by Alaska Native 

educators and leaders in the planning, development, 

implementation, management, and evaluation of programs 

designed to serve Alaska Native students.’’. 

(c) PROGRAM AUTHORIZED.—Section 6304 (20 U.S.C. 7544) (as 

redesignated by section 6001) is amended to read as follows: 

‘‘SEC. 6304. PROGRAM AUTHORIZED. 

‘‘(a) GENERAL AUTHORITY.— 

‘‘(1) GRANTS AND CONTRACTS.—The Secretary is authorized 

to make grants to, or enter into contracts with— 

‘‘(A) Alaska Native organizations with experience operating programs that fulfill the purposes of this part; 

‘‘(B) Alaska Native organizations that do not have the 

experience described in subparagraph (A) but are in partnership with— 

‘‘(i) a State educational agency or a local educational agency; or 

‘‘(ii) an Alaska Native organization that operates 

a program that fulfills the purposes of this part; 

‘‘(C) an entity located in Alaska, and predominately 

governed by Alaska Natives, that does not meet the definition of an Alaska Native organization under this part but— 

‘‘(i) has experience operating programs that fulfill 

the purposes of this part; and 

‘‘(ii) is granted an official charter or sanction, as 

described in the definition of a tribal organization 

under section 4 of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450b), from at 

least one Alaska Native tribe or Alaska Native 
S. 1177—268 

organization to carry out programs that meet the purposes of this part. 

‘‘(2) MANDATORY ACTIVITIES.—Activities provided through 

the programs carried out under this part shall include the 

following: 

‘‘(A) The development and implementation of plans, 

methods, strategies, and activities to improve the educational outcomes of Alaska Natives. 

‘‘(B) The collection of data to assist in the evaluation 

of the programs carried out under this part. 

‘‘(3) PERMISSIBLE ACTIVITIES.—Activities provided through 

programs carried out under this part may include the following: 

‘‘(A) The development of curricula and programs that 

address the educational needs of Alaska Native students, 

including the following: 

‘‘(i) Curriculum materials that are culturally 

informed and reflect the cultural diversity, languages, 

history, or the contributions of Alaska Native people, 

including curricula intended to preserve and promote 

Alaska Native culture. 

‘‘(ii) Instructional programs that make use of 

Alaska Native languages and cultures. 

‘‘(iii) Networks that develop, test, and disseminate 

best practices and introduce successful programs, 

materials, and techniques to meet the educational 

needs of Alaska Native students in urban and rural 

schools. 

‘‘(B) Training and professional development activities 

for educators, including the following: 

‘‘(i) Pre-service and in-service training and professional development programs to prepare teachers to 

develop appreciation for, and understanding of, Alaska 

Native history, cultures, values, and ways of knowing 

and learning in order to effectively address the cultural 

diversity and unique needs of Alaska Native students 

and improve the teaching methods of educators. 

‘‘(ii) Recruitment and preparation of Alaska Native 

teachers. 

‘‘(iii) Programs that will lead to the certification 

and licensing of Alaska Native teachers, principals, 

other school leaders, and superintendents. 

‘‘(C) Early childhood and parenting education activities 

designed to improve the school readiness of Alaska Native 

children, including— 

‘‘(i) the development and operation of home visiting 

programs for Alaska Native preschool children, to 

ensure the active involvement of parents in their children’s education from the earliest ages; 

‘‘(ii) training, education, and support, including inhome visitation, for parents and caregivers of Alaska 

Native children to improve parenting and caregiving 

skills (including skills relating to discipline and cognitive development, reading readiness, observation, 

storytelling, and critical thinking); 

‘‘(iii) family literacy services; 

‘‘(iv) activities carried out under the Head Start 

Act (42 U.S.C. 9831 et seq.); 
S. 1177—269 

‘‘(v) programs for parents and their infants, from 

the prenatal period of the infant through age 3; 

‘‘(vi) early childhood education programs; and 

‘‘(vii) native language immersion within early 

childhood education programs, Head Start, or preschool 

programs. 

‘‘(D) The development and operation of student enrichment programs, including programs in science, technology, 

engineering, and mathematics that— 

‘‘(i) are designed to prepare Alaska Native students 

to excel in such subjects; 

‘‘(ii) provide appropriate support services to enable 

such students to benefit from the programs; and 

‘‘(iii) include activities that recognize and support 

the unique cultural and educational needs of Alaska 

Native children and incorporate appropriately qualified 

Alaska Native elders and other tradition bearers. 

‘‘(E) Research and data collection activities to determine the educational status and needs of Alaska Native 

children and adults and other such research and evaluation 

activities related to programs funded under this part. 

‘‘(F) Activities designed to enable Alaska Native students served under this part to meet the challenging State 

academic standards or increase the graduation rates of 

Alaska Native students, such as— 

‘‘(i) remedial and enrichment programs; 

‘‘(ii) culturally based education programs, such 

as— 

‘‘(I) programs of study and other instruction 

in Alaska Native history and ways of living to 

share the rich and diverse cultures of Alaska 

Natives among Alaska Native youth and elders, 

non-Native students and teachers, and the larger 

community; 

‘‘(II) instructing Alaska Native youth in leadership, communication, and Alaska Native culture, 

arts, history, and languages; 

‘‘(III) intergenerational learning and internship opportunities to Alaska Native youth and 

young adults; 

‘‘(IV) providing cultural immersion activities 

aimed at Alaska Native cultural preservation; 

‘‘(V) native language instruction and immersion activities, including native language immersion nests or schools; 

‘‘(VI) school-within-a-school model programs; 

and 

‘‘(VII) preparation for postsecondary education 

and career planning; and 

‘‘(iii) comprehensive school or community-based 

support services, including services that— 

‘‘(I) address family instability and trauma; and 

‘‘(II) improve conditions for learning at home, 

in the community, and at school. 

‘‘(G) Student and teacher exchange programs, crosscultural immersion programs, and culture camps designed 
S. 1177—270 

to build mutual respect and understanding among participants. 

‘‘(H) Education programs for at-risk urban Alaska 

Native students that are designed to improve academic 

proficiency and graduation rates, use strategies otherwise 

permissible under this part, and incorporate a strong data 

collection and continuous evaluation component. 

‘‘(I) Strategies designed to increase the involvement 

of parents in their children’s education. 

‘‘(J) Programs and strategies that increase connections 

between and among schools, families, and communities, 

including positive youth-adult relationships, to— 

‘‘(i) promote the academic progress and positive 

development of Alaska Native children and youth; and 

‘‘(ii) improve conditions for learning at home, in 

the community, and at school. 

‘‘(K) Career preparation activities to enable Alaska 

Native children and adults to prepare for meaningful 

employment, including programs providing tech-prep, mentoring, training, and apprenticeship activities. 

‘‘(L) Support for the development and operational 

activities of regional vocational schools in rural areas of 

Alaska to provide students with necessary resources to 

prepare for skilled employment opportunities. 

‘‘(M) Regional leadership academies that demonstrate 

effectiveness in building respect and understanding, and 

fostering a sense of Alaska Native identity in Alaska Native 

students to promote their pursuit of and success in completing higher education or career training. 

‘‘(N) Other activities, consistent with the purposes of 

this part, to meet the educational needs of Alaska Native 

children and adults. 

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $31,453,000 for each 

of fiscal years 2017 through 2020.’’. 

(d) ADMINISTRATIVE PROVISIONS.—Section 6305 (20 U.S.C. 7545) 

(as redesignated by section 6001) is amended to read as follows: 

‘‘SEC. 6305. ADMINISTRATIVE PROVISIONS. 

‘‘Not more than 5 percent of funds provided to an award 

recipient under this part for any fiscal year may be used for 

administrative purposes.’’. 

(e) DEFINITIONS.—Section 6306 (20 U.S.C. 7546) (as redesignated by section 6001) is amended— 

(1) in paragraph (1), by inserting ‘‘(43 U.S.C. 1602(b)) and 

includes the descendants of individuals so defined’’ after ‘‘Settlement Act’’; 

(2) by striking paragraph (2) and inserting the following: 

‘‘(2) ALASKA NATIVE ORGANIZATION.—The term ‘Alaska 

Native organization’ means an organization that has or commits 

to acquire expertise in the education of Alaska Natives and 

is— 

‘‘(A) an Indian tribe, as defined in section 4 of the 

Indian Self-Determination and Education Assistance Act 

(25 U.S.C. 450b), that is an Indian tribe located in Alaska; 
S. 1177—271 

‘‘(B) a ‘tribal organization’, as defined in section 4 

of such Act (25 U.S.C. 450b), that is a tribal organization 

located in Alaska; or 

‘‘(C) an organization listed in clauses (i) through (xii) 

of section 419(4)(B) of the Social Security Act (42 U.S.C. 

619(4)(B)(i) through (xii)), or the successor of an entity 

so listed.’’. 

SEC. 6005. REPORT ON NATIVE AMERICAN LANGUAGE MEDIUM EDUCATION. 

(a) DEFINITIONS.—In this section: 

(1) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given such term 

in section 8101 of the Elementary and Secondary Education 

Act of 1965. 

(2) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ has the meaning given such term in section 

8101 of the Elementary and Secondary Education Act of 1965. 

(3) NATIVE AMERICAN; NATIVE AMERICAN LANGUAGE.—The 

terms ‘‘Native American’’ and ‘‘Native American language’’ have 

the meanings given such terms in section 103 of the Native 

American Languages Act of 1990 (25 U.S.C. 2902). 

(4) STATE EDUCATIONAL AGENCY.—The term ‘‘State educational agency’’ has the meaning given such term in section 

8101 of the Elementary and Secondary Education Act of 1965. 

(b) STUDY.—By not later than 18 months after the date of 

enactment of this Act, the Secretary of Education, in collaboration 

with the Secretary of the Interior, shall— 

(1) conduct a study to evaluate all levels of education 

being provided primarily through the medium of Native American languages; and 

(2) report on the findings of such study. 

(c) CONSULTATION.—In carrying out the study conducted under 

subsection (b), the Secretary shall consult with— 

(1) institutions of higher education that conduct Native 

American language immersion programs, including teachers 

of such programs; 

(2) State educational agencies and local educational agencies; 

(3) Indian tribes and tribal organizations, as such terms 

are defined by section 4 of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450b) that sponsor Native 

American language immersion schools; and 

(4) experts in the fields of Native American or Alaska 

Native language and Native American language medium education, including scholars who are fluent in Native American 

languages. 

(d) SCOPE OF STUDY.—The study conducted under subsection 

(b) shall evaluate the components, policies, and practices of successful Native American language immersion schools and programs, 

including— 

(1) the level of expertise in educational pedagogy, Native 

American language fluency, and experience of the principal, 

teachers, paraprofessionals, and other educational staff; 

(2) how such schools and programs are using Native American languages to provide instruction in reading, language arts, 
S. 1177—272 

mathematics, science, and, as applicable, other academic subjects; 

(3) how such schools and programs assess the academic 

proficiency of the students, including— 

(A) whether the school administers assessments of language arts, mathematics, science, and other academic subjects in the Native American language of instruction; 

(B) whether the school administers assessments of language arts, mathematics, science, and other academic subjects in English; and 

(C) how the standards measured by the assessments 

in the Native American language of instruction and in 

English compare; and 

(4) the academic outcomes, graduation rate, and other outcomes of students who have completed the highest grade taught 

primarily through such schools or programs, including, when 

available, college attendance rates compared with demographically similar students who did not attend a school in which 

the language of instruction was a Native American language. 

(e) RECOMMENDATIONS.—Not later than 18 months after the 

date of enactment of this Act, the Secretary of Education, in 

collaboration with the Secretary of the Interior, shall— 

(1) develop a report that includes findings and conclusions 

regarding the study conducted under subsection (b), including 

recommendations for such legislative and administrative 

actions as the Secretary of Education considers to be appropriate; 

(2) consult with the entities described in subsection (c) 

in reviewing such findings and conclusions; and 

(3) submit the report described in paragraph (1) to each 

of the following: 

(A) The Committee on Health, Education, Labor, and 

Pensions of the Senate. 

(B) The Committee on Education and the Workforce 

of the House of Representatives. 

(C) The Committee on Indian Affairs of the Senate. 

(D) The Subcommittee on Indian, Insular and Alaska 

Native Affairs of the House of Representatives. 

SEC. 6006. REPORT ON RESPONSES TO INDIAN STUDENT SUICIDES. 

(a) PREPARATION.— 

(1) IN GENERAL.—The Secretary of Education, in coordination with the Secretary of the Interior and the Secretary of 

Health and Human Services, shall prepare a report on efforts 

to address outbreaks of suicides among elementary school and 

secondary school students (referred to in this section as ‘‘student 

suicides’’) that occurred within 1 year prior to the date of 

enactment of this Act in Indian country (as defined in section 

1151 of title 18, United States Code). 

(2) CONTENTS.—The report described in paragraph (1) shall 

include information on— 

(A) the Federal response to the occurrence of high 

numbers of student suicides in Indian country (as so 

defined); 

(B) a list of Federal resources available to prevent 

and respond to outbreaks of student suicides, including 

the availability and use of tele-behavioral health care; 
S. 1177—273 

(C) any barriers to timely implementation of programs 

or interagency collaboration regarding student suicides; 

(D) interagency collaboration efforts to streamline 

access to programs regarding student suicides, including 

information on how the Department of Education, the 

Department of the Interior, and the Department of Health 

and Human Services work together on administration of 

such programs; 

(E) recommendations to improve or consolidate 

resources or programs described in subparagraph (B) or 

(D); and 

(F) feedback from Indian tribes to the Federal response 

described in subparagraph (A). 

(b) SUBMISSION.—Not later than 270 days after the date of 

enactment of this Act, the Secretary of Education shall submit 

the report described in subsection (a) to the appropriate committees 

of Congress. 

TITLE VII—IMPACT AID 

SEC. 7001. GENERAL PROVISIONS. 

(a) IMPACT AID IMPROVEMENT ACT OF 2012.—Section 563(c) 

of National Defense Authorization Act for Fiscal Year 2013 (Public 

Law 112–239; 126 Stat. 1748; 20 U.S.C. 6301 note) (also known 

as the ‘‘Impact Aid Improvement Act of 2012’’), as amended by 

section 563 of division A of Public Law 113–291, is amended— 

(1) by striking paragraphs (1) and (4); and 

(2) by redesignating paragraphs (2) and (3), as paragraphs 

(1) and (2), respectively. 

(b) REPEAL.—Section 309 of division H of the Consolidated 

Appropriations Act, 2014 (Public Law 113–76; 20 U.S.C. 7702 note) 

is repealed. 

(c) TITLE VII REDESIGNATIONS.—Title VIII (20 U.S.C. 7701 et 

seq.) is redesignated as title VII and further amended— 

(1) by redesignating sections 8001 through 8005 as sections 

7001 through 7005, respectively; and 

(2) by redesignating sections 8007 through 8014 as sections 

7007 through 7014, respectively. 

(d) CONFORMING AMENDMENTS.—Title VII (as redesignated by 

subsection (c) of this section) is further amended— 

(1) by striking ‘‘section 8002’’ each place it appears and 

inserting ‘‘section 7002’’; 

(2) by striking ‘‘section 8003’’ each place it appears and 

inserting ‘‘section 7003’’; 

(3) by striking ‘‘section 8003(a)(1)’’ each place it appears 

and inserting ‘‘section 7003(a)(1)’’; 

(4) by striking ‘‘section 8003(a)(1)(C)’’ each place it appears 

and inserting ‘‘section 7003(a)(1)(C)’’; 

(5) by striking ‘‘section 8003(a)(2)’’ each place it appears 

and inserting ‘‘section 7003(a)(2)’’; 

(6) by striking ‘‘section 8003(b)’’ each place it appears and 

inserting ‘‘section 7003(b)’’; 

(7) by striking ‘‘section 8003(b)(1)’’ each place it appears 

and inserting ‘‘section 7003(b)(1)’’; 

(8) by striking ‘‘section 8003(b)(2)’’ each place it appears 

and inserting ‘‘section 7003(b)(2)’’; 
S. 1177—274 

(9) by striking ‘‘section 8014(a)’’ each place it appears and 

inserting ‘‘section 7014(a)’’; 

(10) by striking ‘‘section 8014(b)’’ each place it appears 

and inserting ‘‘section 7014(b)’’; and 

(11) by striking ‘‘section 8014(e)’’ each place it appears 

and inserting ‘‘section 7014(d)’’. 

SEC. 7002. PURPOSE. 

Section 7001, as redesignated by section 7001 of this Act, is 

amended in the matter preceding paragraph (1), by striking ‘‘challenging State standards’’ and inserting ‘‘the same challenging State 

academic standards’’. 

SEC. 7003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 

PROPERTY. 

Section 7002, as redesignated and amended by section 7001 

of this Act, is further amended— 

(1) in subsection (a)(1)(C), by striking the matter preceding 

clause (i) and inserting the following: 

‘‘(C) had an assessed value according to original records 

(including facsimiles or other reproductions of those 

records) documenting the assessed value of such property 

(determined as of the time or times when so acquired) 

prepared by the local officials referred to in subsection 

(b)(3) or, when such original records are not available due 

to unintentional destruction (such as natural disaster, fire, 

flooding, pest infestation, or deterioration due to age), other 

records, including Federal agency records, local historical 

records, or other records that the Secretary determines 

to be appropriate and reliable, aggregating 10 percent or 

more of the assessed value of—’’; 

(2) in subsection (b)— 

(A) in paragraph (1)(C) by striking ‘‘section 

8003(b)(1)(C)’’ and inserting ‘‘section 7003(b)(1)(C)’’; 

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

and inserting the following: 

‘‘(B) SPECIAL RULE.—In the case of Federal property 

eligible under this section that is within the boundaries 

of 2 or more local educational agencies that are eligible 

under this section, any of such agencies may ask the Secretary to calculate (and the Secretary shall calculate) the 

taxable value of the eligible Federal property that is within 

its boundaries by— 

‘‘(i) first calculating the per-acre value of the 

eligible Federal property separately for each eligible 

local educational agency that shared the Federal property, as provided in subparagraph (A)(ii); 

‘‘(ii) then averaging the resulting per-acre values 

of the eligible Federal property from each eligible local 

educational agency that shares the Federal property; 

and 

‘‘(iii) then applying the average per-acre value to 

determine the total taxable value of the eligible Federal 

property under subparagraph (A)(iii) for the requesting 

local educational agency.’’; 

(3) in subsection (e)(2), by adding at the end the following: 

‘‘For each fiscal year beginning on or after the date of enactment 

of the Every Student Succeeds Act, the Secretary shall treat 
S. 1177—275 

local educational agencies chartered in 1871 having more than 

70 percent of the county in Federal ownership as meeting 

the eligibility requirements of subparagraphs (A) and (C) of 

subsection (a)(1).’’; 

(4) by striking subsection (f) and inserting the following: 

‘‘(f) SPECIAL RULE.—For each fiscal year beginning on or after 

the date of enactment of the Every Student Succeeds Act, a local 

educational agency shall be deemed to meet the requirements of 

subsection (a)(1)(C) if the agency was eligible under paragraph 

(1) or (3) of section 8002(f) as such section was in effect on the 

day before the date of enactment of the Every Student Succeeds 

Act.’’; 

(5) by striking subsection (g) and inserting the following: 

‘‘(g) FORMER DISTRICTS.— 

‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 and each succeeding fiscal year, if a local educational agency described in 

paragraph (2) is formed at any time after 1938 by the consolidation of 2 or more former school districts, the local educational 

agency may elect to have the Secretary determine its eligibility 

for assistance under this section for any fiscal year on the 

basis of 1 or more of those former districts, as designated 

by the local educational agency. 

‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency referred to in paragraph (1) is— 

‘‘(A) any local educational agency that, for fiscal year 

1994 or any preceding fiscal year, applied, and was determined to be eligible under, section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as that 

section was in effect for that fiscal year; or 

‘‘(B) a local educational agency— 

‘‘(i) that was formed by the consolidation of 2 or 

more districts, at least 1 of which was eligible for 

assistance under this section for the fiscal year preceding the year of the consolidation; and 

‘‘(ii) which includes the designation referred to in 

paragraph (1) in its application under section 7005 

for a fiscal year beginning on or after the date of 

enactment of the Every Student Succeeds Act or any 

timely amendment to such application. 

‘‘(3) AMOUNT.—A local educational agency eligible under 

paragraph (1) shall receive a foundation payment as provided 

for under subparagraphs (A) and (B) of subsection (h)(1), except 

that the foundation payment shall be calculated based on the 

most recent payment received by the local educational agency 

based on its status prior to consolidation.’’; 

(6) in subsection (h)(4), by striking ‘‘For each local educational agency that received a payment under this section 

for fiscal year 2010 through the fiscal year in which the Impact 

Aid Improvement Act of 2012 is enacted’’ and inserting ‘‘For 

each local educational agency that received a payment under 

this section for fiscal year 2010 or any succeeding fiscal year’’; 

(7) by repealing subsections (k) and (m); 

(8) by redesignating subsection (l) as subsection (j); 

(9) in subsection (j) (as redesignated by paragraph (8)), 

by striking ‘‘(h)(4)(B)’’ and inserting ‘‘(h)(2)’’; 

(10) by redesignating subsection (n) as subsection (k); and 
S. 1177—276 

(11) in subsection (k)(1) (as redesignated by paragraph 

(10)), by striking ‘‘section 8013(5)(C)(iii)’’ and inserting ‘‘section 

7013(5)(C)(iii)’’. 

SEC. 7004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN. 

Section 7003, as redesignated and amended by section 7001 

of this Act, is further amended— 

(1) in subsection (a)(5)(A), by striking ‘‘to be children’’ and 

all that follows through the period at the end and inserting 

‘‘or under lease of off-base property under subchapter IV of 

chapter 169 of title 10, United States Code, to be children 

described under paragraph (1)(B), if the property described 

is— 

‘‘(i) within the fenced security perimeter of the 

military facility; or 

‘‘(ii) attached to, and under any type of force protection agreement with, the military installation upon 

which such housing is situated.’’; 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) by striking subparagraph (E); and 

(ii) by redesignating subparagraphs (F) and (G) 

as subparagraphs (E) and (F), respectively; 

(B) in paragraph (2), by striking subparagraphs (B) 

through (H) and inserting the following: 

‘‘(B) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL EDU- CATIONAL AGENCIES.— ‘‘(i) IN GENERAL.—A heavily impacted local educational agency is eligible to receive a basic support 

payment under subparagraph (A) with respect to a 

number of children determined under subsection (a)(1) 

if the agency— 

‘‘(I) is a local educational agency— 

‘‘(aa) whose boundaries are the same as 

a Federal military installation or an island 

property designated by the Secretary of the 

Interior to be property that is held in trust 

by the Federal Government; and 

‘‘(bb) that has no taxing authority; 

‘‘(II) is a local educational agency that— 

‘‘(aa) has an enrollment of children 

described in subsection (a)(1) that constitutes 

a percentage of the total student enrollment 

of the agency that is not less than 45 percent; 

‘‘(bb) has a per-pupil expenditure that is 

less than— 

‘‘(AA) for an agency that has a total 

student enrollment of 500 or more students, 125 percent of the average per-pupil 

expenditure of the State in which the 

agency is located; or 

‘‘(BB) for any agency that has a total 

student enrollment of less than 500 students, 150 percent of the average per-pupil 

expenditure of the State in which the 

agency is located or the average per-pupil 
S. 1177—277 

expenditure of 3 or more comparable local 

educational agencies in the State in which 

the agency is located; and 

‘‘(cc) is an agency that has a tax rate 

for general fund purposes that is not less than 

95 percent of the average tax rate for general 

fund purposes of comparable local educational 

agencies in the State; 

‘‘(III) is a local educational agency that— 

‘‘(aa) has a tax rate for general fund purposes which is not less than 125 percent of 

the average tax rate for general fund purposes 

for comparable local educational agencies in 

the State; and 

‘‘(bb)(AA) has an enrollment of children 

described in subsection (a)(1) that constitutes 

a percentage of the total student enrollment 

of the agency that is not less than 30 percent; 

or 

‘‘(BB) has an enrollment of children 

described in subsection (a)(1) that constitutes 

a percentage of the total student enrollment 

of the agency that is not less than 20 percent, 

and for the 3 fiscal years preceding the fiscal 

year for which the determination is made, the 

average enrollment of children who are not 

described in subsection (a)(1) and who are 

eligible for a free or reduced price lunch under 

the Richard B. Russell National School Lunch 

Act constitutes a percentage of the total student enrollment of the agency that is not less 

than 65 percent; 

‘‘(IV) is a local educational agency that has 

a total student enrollment of not less than 25,000 

students, of which— 

‘‘(aa) not less than 50 percent are children 

described in subsection (a)(1); and 

‘‘(bb) not less than 5,000 of such children 

are children described in subparagraphs (A) 

and (B) of subsection (a)(1); or 

‘‘(V) is a local educational agency that— 

‘‘(aa) has an enrollment of children 

described in subsection (a)(1) including, for 

purposes of determining eligibility, those children described in subparagraphs (F) and (G) 

of such subsection, that is not less than 35 

percent of the total student enrollment of the 

agency; 

‘‘(bb) has a per-pupil expenditure 

described in subclause (II)(bb) (except that a 

local educational agency with a total student 

enrollment of less than 350 students shall be 

deemed to have satisfied such per-pupil 

expenditure requirement) and has a tax rate 

for general fund purposes which is not less 

than 95 percent of the average tax rate for 
S. 1177—278 

general fund purposes for comparable local 

educational agencies in the State; and 

‘‘(cc) was eligible to receive assistance 

under subparagraph (A) for fiscal year 2001. 

‘‘(ii) LOSS OF ELIGIBILITY.— 

‘‘(I) IN GENERAL.—Subject to subclause (II), 

a heavily impacted local educational agency that 

met the requirements of clause (i) for a fiscal year 

shall be ineligible to receive a basic support payment under subparagraph (A) if the agency fails 

to meet the requirements of clause (i) for a subsequent fiscal year, except that such agency shall 

continue to receive a basic support payment under 

this paragraph for the fiscal year for which the 

ineligibility determination is made. 

‘‘(II) LOSS OF ELIGIBILITY DUE TO FALLING

BELOW 95 PERCENT OF THE AVERAGE TAX RATE FOR

GENERAL FUND PURPOSES.—In the case of a heavily 

impacted local educational agency described in 

subclause (II) or (V) of clause (i) that is eligible 

to receive a basic support payment under subparagraph (A), but that has had, for 2 consecutive 

fiscal years, a tax rate for general fund purposes 

that falls below 95 percent of the average tax 

rate for general fund purposes of comparable local 

educational agencies in the State, such agency 

shall be determined to be ineligible under clause 

(i) and ineligible to receive a basic support payment under subparagraph (A) for each fiscal year 

succeeding such 2 consecutive fiscal years for 

which the agency has such a tax rate for general 

fund purposes, and until the fiscal year for which 

the agency resumes such eligibility in accordance 

with clause (iii). 

‘‘(III) TAKEN OVER BY STATE BOARD OF EDUCATION.—In the case of a heavily impacted local 

educational agency that is eligible to receive a 

basic support payment under subparagraph (A), 

but that has been taken over by a State board 

of education in any 2 previous years, such agency 

shall be deemed to maintain heavily impacted 

status for 2 fiscal years following the date of enactment of the Every Student Succeeds Act. 

‘‘(iii) RESUMPTION OF ELIGIBILITY.—A heavily 

impacted local educational agency described in clause 

(i) that becomes ineligible under such clause for 1 

or more fiscal years may resume eligibility for a basic 

support payment under this paragraph for a subsequent fiscal year only if the agency meets the requirements of clause (i) for that subsequent fiscal year, 

except that such agency shall not receive a basic support payment under this paragraph until the fiscal 

year succeeding the fiscal year for which the eligibility 

determination is made. 

‘‘(C) MAXIMUM AMOUNT FOR HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES.— 
S. 1177—279 

‘‘(i) IN GENERAL.—Except as provided in subparagraph (D), the maximum amount that a heavily 

impacted local educational agency is eligible to receive 

under this paragraph for any fiscal year is the sum 

of the total weighted student units, as computed under 

subsection (a)(2) and subject to clause (ii), multiplied 

by the greater of— 

‘‘(I) four-fifths of the average per-pupil 

expenditure of the State in which the local educational agency is located for the third fiscal year 

preceding the fiscal year for which the determination is made; or 

‘‘(II) four-fifths of the average per-pupil 

expenditure of all of the States for the third fiscal 

year preceding the fiscal year for which the determination is made. 

‘‘(ii) CALCULATION OF WEIGHTED STUDENT UNITS.— ‘‘(I) IN GENERAL.— ‘‘(aa) PERCENTAGE ENROLLMENT.—For a 

local educational agency in which 35 percent 

or more of the total student enrollment of 

the schools of the agency are children 

described in subparagraph (D) or (E) (or a 

combination thereof) of subsection (a)(1), and 

that has an enrollment of children described 

in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the 

agency’s total enrollment, the Secretary shall 

calculate the weighted student units of those 

children described in subparagraph (D) or (E) 

of such subsection by multiplying the number 

of such children by a factor of 0.55. 

‘‘(bb) EXCEPTION.—Notwithstanding item 

(aa), a local educational agency that received 

a payment under this paragraph for fiscal year 

2013 shall not be required to have an enrollment of children described in subparagraph 

(A), (B), or (C) of subsection (a)(1) equal to 

at least 10 percent of the agency’s total enrollment and shall be eligible for the student 

weight as provided for in item (aa). 

‘‘(II) ENROLLMENT OF 100 OR FEWER CHILDREN.—For a local educational agency that has 

an enrollment of 100 or fewer children described 

in subsection (a)(1), the Secretary shall calculate 

the total number of weighted student units for 

purposes of subsection (a)(2) by multiplying the 

number of such children by a factor of 1.75. 

‘‘(III) ENROLLMENT OF MORE THAN 100 CHIL- DREN BUT LESS THAN 1000.—For a local educational 

agency that is not described under subparagraph 

(B)(i)(I) and has an enrollment of more than 100 

but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the 

total number of weighted student units for purposes of subsection (a)(2) by multiplying the 

number of such children by a factor of 1.25. 
S. 1177—280 

‘‘(D) MAXIMUM AMOUNT FOR LARGE HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCIES.— 

‘‘(i) IN GENERAL.— 

‘‘(I) FORMULA.—Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause (II) is 

eligible to receive under this paragraph for any 

fiscal year shall be determined in accordance with 

the formula described in paragraph (1)(C). 

‘‘(II) HEAVILY IMPACTED LOCAL EDUCATIONAL

AGENCY.—A heavily impacted local educational 

agency described in this subclause is a local educational agency that has a total student enrollment 

of not less than 25,000 students, of which not 

less than 50 percent are children described in subsection (a)(1) and not less than 5,000 of such children are children described in subparagraphs (A) 

and (B) of subsection (a)(1). 

‘‘(ii) FACTOR.—For purposes of calculating the maximum amount described in clause (i), the factor used 

in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall be 

1.35. 

‘‘(E) DATA.—For purposes of providing assistance under 

this paragraph, the Secretary shall use student, revenue, 

expenditure, and tax data from the third fiscal year preceding the fiscal year for which the local educational agency 

is applying for assistance under this paragraph. 

‘‘(F) DETERMINATION OF AVERAGE TAX RATES FOR GENERAL FUND PURPOSES.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), for the purpose of determining the average tax 

rates for general fund purposes for local educational 

agencies in a State under this paragraph, the Secretary 

shall use either— 

‘‘(I) the average tax rate for general fund purposes for comparable local educational agencies, 

as determined by the Secretary in regulations; or 

‘‘(II) the average tax rate of all the local educational agencies in the State. 

‘‘(ii) FISCAL YEARS 2010–2015.— 

‘‘(I) IN GENERAL.—For fiscal years 2010 

through 2015, any local educational agency that 

was found ineligible to receive a payment under 

subparagraph (A) because the Secretary determined that it failed to meet the average tax rate 

requirement for general fund purposes in subparagraph (B)(i)(II)(cc), shall be considered to have met 

that requirement, if its State determined, through 

an alternate calculation of average tax rates for 

general fund purposes, that such local educational 

agency met that requirement. 

‘‘(II) SUBSEQUENT FISCAL YEARS AFTER 2015.— 

For any succeeding fiscal year after 2015, any 

local educational agency identified in subclause 
S. 1177—281 

(I) may continue to have its State use that alternate methodology to calculate whether the average 

tax rate requirement for general fund purposes 

under subparagraph (B)(i)(II)(cc) is met. 

‘‘(III) AVAILABILITY OF FUNDS.—Notwithstanding any other provision of law limiting the 

period during which the Secretary may obligate 

funds appropriated for any fiscal year after 2012, 

the Secretary shall reserve a total of $14,000,000 

from funds that remain unobligated under this 

section from fiscal years 2015 or 2016 in order 

to make payments under this clause for fiscal years 

2011 through 2014. 

‘‘(G) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES AFFECTED BY PRIVATIZATION OF MILI- TARY HOUSING.— ‘‘(i) ELIGIBILITY.—For any fiscal year, a heavily 

impacted local educational agency that received a basic 

support payment under this paragraph for the prior 

fiscal year, but is ineligible for such payment for the 

current fiscal year under subparagraph (B) due to the 

conversion of military housing units to private housing 

described in clause (iii), or as the direct result of base 

realignment and closure or modularization as determined by the Secretary of Defense and force structure 

change or force relocation, shall be deemed to meet 

the eligibility requirements under subparagraph (B) 

for the period during which the housing units are 

undergoing such conversion or during such time as 

activities associated with base closure and realignment, 

modularization, force structure change, or force relocation are ongoing. 

‘‘(ii) AMOUNT OF PAYMENT.—The amount of a payment to a heavily impacted local educational agency 

for a fiscal year by reason of the application of clause 

(i), and calculated in accordance with subparagraph 

(C) or (D), as the case may be, shall be based on 

the number of children in average daily attendance 

in the schools of such agency for the fiscal year and 

under the same provisions of subparagraph (C) or (D) 

under which the agency was paid during the prior 

fiscal year. 

‘‘(iii) CONVERSION OF MILITARY HOUSING UNITS TO

PRIVATE HOUSING DESCRIBED.—For purposes of clause 

(i), ‘conversion of military housing units to private 

housing’ means the conversion of military housing 

units to private housing units pursuant to subchapter 

IV of chapter 169 of title 10, United States Code, 

or pursuant to any other related provision of law.’’; 

(C) in paragraph (3)— 

(i) in subparagraph (B), by striking clause (iii) 

and inserting the following: 

‘‘(iii) In the case of a local educational agency providing 

a free public education to students enrolled in kindergarten 

through grade 12, that enrolls students described in subparagraphs (A), (B), and (D) of subsection (a)(1) only in 

grades 9 through 12, and that received a final payment 
S. 1177—282 

for fiscal year 2009 calculated under section 8003(b)(3) 

(as such section was in effect on the day before the date 

of enactment of the Every Student Succeeds Act) for students in grades 9 through 12, the Secretary shall, in calculating the agency’s payment, consider only that portion 

of such agency’s total enrollment of students in grades 

9 through 12 when calculating the percentage under clause 

(i)(I) and only that portion of the total current expenditures 

attributed to the operation of grades 9 through 12 in such 

agency when calculating the percentage under clause 

(i)(II).’’; 

(ii) in subparagraph (C), by striking ‘‘subparagraph 

(D) or (E) of paragraph (2), as the case may be’’ and 

inserting ‘‘subparagraph (C) or (D) of paragraph (2), 

as the case may be’’; and 

(iii) by striking subparagraph (D) and inserting 

the following: 

‘‘(D) RATABLE DISTRIBUTION.—For fiscal years described 

in subparagraph (A), for which the sums available exceed 

the amount required to pay each local educational agency 

100 percent of its threshold payment, the Secretary shall 

distribute the excess sums to each eligible local educational 

agency that has not received its full amount computed 

under paragraphs (1) or (2) (as the case may be) by multiplying— 

‘‘(i) a percentage, the denominator of which is the 

difference between the full amount computed under 

paragraph (1) or (2) (as the case may be) for all local 

educational agencies and the amount of the threshold 

payment (as calculated under subparagraphs (B) and 

(C)) of all local educational agencies, and the numerator of which is the aggregate of the excess sums, 

by 

‘‘(ii) the difference between the full amount computed under paragraph (1) or (2) (as the case may 

be) for the agency and the amount of the threshold 

payment (as calculated under subparagraphs (B) or 

(C)) of the agency, except that no local educational 

agency shall receive more than 100 percent of the 

maximum payment calculated under subparagraph (C) 

or (D) of paragraph (2). 

‘‘(E) INSUFFICIENT PAYMENTS.—For each fiscal year 

described in subparagraph (A) for which the sums appropriated are insufficient to pay each local educational agency 

all of the local educational agency’s threshold payment 

described in subparagraph (B), the Secretary shall ratably 

reduce the payment to each local educational agency under 

this paragraph. 

‘‘(F) INCREASES.— 

‘‘(i) INCREASES BASED ON INSUFFICIENT FUNDS.— 

If additional funds become available under 7014(b) for 

making payments under paragraphs (1) and (2) and 

those funds are not sufficient to increase each local 
S. 1177—283 

educational agency’s threshold payment above 100 percent of its threshold payment described in subparagraph (B), payments that were reduced under subparagraph (E) shall be increased by the Secretary on the 

same basis as such payments were reduced. 

‘‘(ii) INCREASES BASED ON SUFFICIENT FUNDS.—If 

additional funds become available under section 

7014(b) for making payments under paragraphs (1) 

and (2) and those funds are sufficient to increase each 

local educational agency’s threshold payment above 100 

percent of its threshold payment described in subparagraph (B), the payment for each local educational 

agency shall be 100 percent of its threshold payment. 

The Secretary shall then distribute the excess sums 

to each eligible local educational agency in accordance 

with subparagraph (D). 

‘‘(G) PROVISION OF TAX RATE AND RESULTING PERCENTAGE.—As soon as practicable following the payment of funds 

under paragraph (2) to an eligible local educational agency, 

the Secretary shall provide the local educational agency 

with a description of— 

‘‘(i) the tax rate of the local educational agency; 

and 

‘‘(ii) the percentage such tax rate represents of 

the average tax rate for general fund purposes of comparable local educational agencies in the State as determined under subclauses (II)(cc), III(aa), or (V)(bb) of 

paragraph (2)(B)(i) (as the case may be).’’; and 

(D) in paragraph (4)— 

(i) in subparagraph (A), by striking ‘‘through (D)’’ 

and inserting ‘‘and (C)’’; and 

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

(D) or (E)’’ and inserting ‘‘subparagraph (C) or (D)’’; 

(3) in subsection (c), by striking paragraph (2) and inserting 

the following: 

‘‘(2) EXCEPTION.—Calculation of payments for a local educational agency shall be based on data from the fiscal year 

for which the agency is making an application for payment 

if such agency— 

‘‘(A) is newly established by a State, for the first year 

of operation of such agency only; 

‘‘(B) was eligible to receive a payment under this section for the previous fiscal year and has had an overall 

increase in enrollment (as determined by the Secretary 

in consultation with the Secretary of Defense, the Secretary 

of the Interior, or the heads of other Federal agencies)— 

‘‘(i)(I) of not less than 10 percent of children 

described in— 

‘‘(aa) subparagraph (A), (B), (C), or (D) 

of subsection (a)(1); or 

‘‘(bb) subparagraphs (F) and (G) of subsection (a)(1), but only to the extent that such 

children are civilian dependents of employees 

of the Department of Defense or the Department of the Interior; or 

‘‘(II) of not less than 100 of such children; and 
S. 1177—284 

‘‘(ii) that is the direct result of closure or realignment of military installations under the base closure 

process or the relocation of members of the Armed 

Forces and civilian employees of the Department of 

Defense as part of the force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary 

of the Interior or the head of another Federal agency; 

or 

‘‘(C) was eligible to receive a payment under this section for the previous fiscal year and has had an increase 

in enrollment (as determined by the Secretary)— 

‘‘(i) of not less than 10 percent of children described 

in subsection (a)(1) or not less than 100 of such children; and 

‘‘(ii) that is the direct result of the closure of a 

local educational agency that received a payment under 

subsection (b)(1) or (b)(2) for the previous fiscal year.’’; 

(4) in subsection (d)(1), by striking ‘‘section 8014(c)’’ and 

inserting ‘‘section 7014(c)’’; 

(5) in subsection (e)— 

(A) by redesignating paragraph (3) as paragraph (4); 

(B) by striking paragraphs (1) and (2) and inserting 

the following: 

‘‘(1) IN GENERAL.—In the case of any local educational 

agency eligible to receive a payment under subsection (b) whose 

calculated payment amount for a fiscal year is reduced by 

20 percent, as compared to the amount received for the previous 

fiscal year, the Secretary shall pay the local educational agency, 

for the year of the reduction and the following 2 years, the 

amount determined under paragraph (2). 

‘‘(2) AMOUNT OF REDUCTION.—Subject to paragraph (3), A 

local educational agency described in paragraph (1) shall 

receive— 

‘‘(A) for the first year for which the reduced payment 

is determined, an amount that is not less than 90 percent 

of the total amount that the local educational agency 

received under subsection (b) for the previous fiscal year; 

‘‘(B) for the second year following such reduction, an 

amount that is not less than 85 percent of the total amount 

that the local educational agency received under subparagraph (A); and 

‘‘(C) for the third year following such reduction, an 

amount that is not less than 80 percent of the total amount 

that the local educational agency received under subparagraph (B). 

‘‘(3) SPECIAL RULE.—For any fiscal year for which a local 

educational agency would receive a payment under subsection 

(b) in excess of the amount determined under paragraph (2), 

the payment received by the local educational agency for such 

fiscal year shall be calculated under paragraph (1) or (2) of 

subsection (b).’’; and 

(6) by striking subsection (g). 
S. 1177—285 

SEC. 7005. POLICIES AND PROCEDURES RELATING TO CHILDREN 

RESIDING ON INDIAN LANDS. 

Section 7004(e)(9), as redesignated and amended by section 

7001 of this Act, is further amended by striking ‘‘Affairs’’ both 

places the term appears and inserting ‘‘Education’’. 

SEC. 7006. APPLICATION FOR PAYMENTS UNDER SECTIONS 7002 AND 

7003. 

Section 7005, as redesignated and amended by section 7001 

of this Act, is further amended— 

(1) in the section heading, by striking ‘‘8002 AND 8003’’ 

and inserting ‘‘7002 AND 7003’’; 

(2) by striking ‘‘or 8003’’ each place it appears and inserting 

‘‘or 7003’’; 

(3) in subsection (b)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘, and shall contain such information,’’; and 

(B) by striking ‘‘section 8004’’ and inserting ‘‘section 

7004’’; and 

(4) in subsection (d)(2), by striking ‘‘section 8003(e)’’ and 

inserting ‘‘section 7003(e)’’; 

SEC. 7007. CONSTRUCTION. 

Section 7007, as redesignated and amended by section 7001 

of this Act, is further amended— 

(1) in subsection (a)— 

(A) in paragraph (3)(A)(i)— 

(i) by redesignating the first subclause (II) as subclause (I); 

(ii) in subclause (II), by striking ‘‘section 8008(a)’’ 

and inserting ‘‘section 7008(a)’’; and 

(B) in paragraph (4), by striking ‘‘section 8013(3)’’ and 

inserting ‘‘section 7013(3)’’; and 

(2) in subsection (b)— 

(A) in paragraph (3)(C)(i)(I), by adding at the end the 

following: 

‘‘(cc) Not less than 10 percent of the property 

acreage in the agency is exempt from State and 

local taxation under Federal law.’’; and 

(B) in paragraph (6)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘, in such manner, and accompanied by such 

information’’ and inserting ‘‘and in such manner’’; 

(ii) in subparagraph (A), by inserting before the 

period at the end the following: ‘‘, and containing such 

additional information as may be necessary to meet 

any award criteria for a grant under this subsection 

as provided by any other Act’’; and 

(iii) by striking subparagraph (F). 

SEC. 7008. FACILITIES. 

Section 7008(a), as redesignated by section 7001 of this Act, 

is amended by striking ‘‘section 8014(f)’’ and inserting ‘‘section 

7014(e)’’. 
S. 1177—286 

SEC. 7009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE 

AID. 

Section 7009, as redesignated and amended by section 7001 

of this Act, is further amended— 

(1) by striking ‘‘section 8011(a)’’ each place it appears and 

inserting ‘‘section 7011(a)’’; 

(2) in subsection (b)(1)— 

(A) by striking ‘‘or 8003(b)’’ and inserting ‘‘or 7003(b)’’; 

and 

(B) by striking ‘‘section 8003(a)(2)(B)’’ and inserting 

‘‘section 7003(a)(2)(B)’’; and 

(3) in subsection (c)(1)(B), by striking ‘‘and contain the 

information’’ and inserting ‘‘that’’ after ‘‘form’’. 

SEC. 7010. FEDERAL ADMINISTRATION. 

Section 7010, as redesignated and amended by section 7001 

of this Act, is further amended— 

(1) in subsection (c)— 

(A) in paragraph (1), in the paragraph heading, by 

striking ‘‘8003(a)(1)’’ and inserting ‘‘7003(a)(1)’’; 

(B) in paragraph (2)(D), by striking ‘‘section 8009(b)’’ 

and inserting ‘‘section 7009(b)’’; and 

(2) in subsection (d)(2), by striking ‘‘section 8014’’ and 

inserting ‘‘section 7014’’. 

SEC. 7011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW. 

Section 7011(a), as redesignated by section 7001 of this Act, 

is amended by striking ‘‘or under the Act’’ and all that follows 

through ‘‘1994)’’. 

SEC. 7012. DEFINITIONS. 

Section 7013, as redesignated by section 7001 of this Act, is 

amended— 

(1) in paragraph (1), by striking ‘‘and Marine Corps’’ and 

inserting ‘‘Marine Corps, and Coast Guard’’; 

(2) in paragraph (4), by striking ‘‘and title VI’’; 

(3) in paragraph (5)(A)— 

(A) in clause (ii), by striking subclause (III) and 

inserting the following: 

‘‘(III) conveyed at any time under the Alaska 

Native Claims Settlement Act to a Native individual, Native group, or village or regional corporation (including single family occupancy properties 

that may have been subsequently sold or leased 

to a third party), except that property that is conveyed under such Act— 

‘‘(aa) that is not taxed is, for the purposes 

of this paragraph, considered tax-exempt due 

to Federal law; and 

‘‘(bb) is considered Federal property for 

the purpose of this paragraph if the property 

is located within a Regional Educational 

Attendance Area that has no taxing power;’’; 

and 

(B) in clause (iii)— 

(i) in subclause (II), by striking ‘‘Stewart B. 

McKinney Homeless Assistance Act’’ and inserting 
S. 1177—287 

‘‘McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11411)’’; and 

(ii) by striking subclause (III) and inserting the 

following: 

‘‘(III) used for affordable housing assisted under 

the Native American Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C. 4101 et seq.); 

or’’. 

SEC. 7013. AUTHORIZATION OF APPROPRIATIONS. 

Section 7014, as amended and redesignated by section 7001 

of this Act, is further amended— 

(1) in subsection (a), by striking ‘‘$32,000,000 for fiscal 

year 2000 and such sums as may be necessary for each of 

the seven succeeding fiscal years’’ and inserting ‘‘$66,813,000 

for each of fiscal years 2017 through 2019, and $71,997,917 

for fiscal year 2020’’; 

(2) in subsection (b), by striking ‘‘$809,400,000 for fiscal 

year 2000 and such sums as may be necessary for each of 

the seven succeeding fiscal years’’ and inserting ‘‘$1,151,233,000 

for each of fiscal years 2017 through 2019, and $1,240,572,618 

for fiscal year 2020’’; 

(3) in subsection (c)— 

(A) by striking ‘‘section 8003(d)’’ and inserting ‘‘section 

7003(d)’’; and 

(B) by striking ‘‘$50,000,000 for fiscal year 2000 and 

such sums as may be necessary for each of the seven 

succeeding fiscal years’’ and inserting ‘‘$48,316,000 for each 

of fiscal years 2017 through 2019, and $52,065,487 for 

fiscal year 2020’’; 

(4) by redesignating subsections (e) and (f) as subsections 

(d) and (e), respectively; 

(5) in subsection (d) (as redesignated by paragraph (4))— 

(A) by striking ‘‘section 8007’’ and inserting ‘‘section 

7007’’; and 

(B) by striking ‘‘$10,052,000 for fiscal year 2000 and 

such sums as may be necessary for fiscal year 2001, 

$150,000,000 for fiscal year 2002, and such sums as may 

be necessary for each of the five succeeding fiscal years’’ 

and inserting ‘‘$17,406,000 for each of fiscal years 2017 

through 2019, and $18,756,765 for fiscal year 2020’’; and 

(6) in subsection (e) (as redesignated by paragraph (4))— 

(A) by striking ‘‘section 8008’’ and inserting ‘‘section 

7008’’; and 

(B) by striking ‘‘$5,000,000 for fiscal year 2000 and 

such sums as may be necessary for each of the seven 

succeeding fiscal years’’ and inserting ‘‘$4,835,000 for each 

of fiscal years 2017 through 2019, and $5,210,213 for fiscal 

year 2020’’. 

TITLE VIII—GENERAL PROVISIONS 

SEC. 8001. GENERAL PROVISIONS. 

(a) TITLE IX REDESIGNATIONS.—Title IX (20 U.S.C. 7801 et 

seq.) (as amended by sections 2001 and 4001 of this Act) is redesignated as title VIII and further amended— 
S. 1177—288 

(1) by redesignating sections 9101 through 9103 as sections 

8101 through 8103, respectively; 

(2) by redesignating sections 9201 through 9204 as sections 

8201 through 8204, respectively; 

(3) by redesignating sections 9301 through 9306 as sections 

8301 through 8306, respectively; 

(4) by redesignating section 9401 as section 8401; 

(5) by redesignating sections 9501 through 9506 as sections 

8501 through 8506, respectively; 

(6) by redesignating sections 9521 through 9537 as sections 

8521 through 8537, respectively; 

(7) by redesignating sections 9541 through 9548 as sections 

8551 through 8558, respectively; 

(8) by redesignating section 9551 as 8561; 

(9) by redesignating sections 9561 through 9564 as sections 

8571 through 8574, respectively; and 

(10) by redesignating section 9601 as section 8601. 

(b) STRUCTURAL AND CONFORMING AMENDMENTS.—Title VIII 

(as redesignated by subsection (a) of this section) is further 

amended— 

(1) by redesignating parts E and F as parts F and G, 

respectively; 

(2) by striking ‘‘9305’’ each place it appears and inserting 

‘‘8305’’; 

(3) by striking ‘‘9302’’ each place it appears and inserting 

‘‘8302’’; and 

(4) by striking ‘‘9501’’ each place it appears and inserting 

‘‘8501’’. 

SEC. 8002. DEFINITIONS. 

Section 8101, as redesignated and amended by section 8001 

of this Act, is further amended— 

(1) by striking paragraphs (3), (11), (19), (23), (35), (36), 

(37), and (42); 

(2) by redesignating paragraphs (4), (5), (6), (7), (8), (9), 

(10), (12), (13), (14), (15), (16), (17), (18), (20), (21), (22), (24), 

(25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (38), (39), 

(41), and (43) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), 

(11), (12), (13), (14), (18), (19), (24), (26), (27), (29), (20), (30), 

(31), (34), (35), (36), (38), (39), (41), (42), (45), (46), (49), and 

(50), respectively, and by transferring such paragraph (20) (as 

so redesignated) so as to follow such paragraph (19) (as so 

redesignated); 

(3) by striking paragraphs (11) and (12) (as so redesignated 

by paragraph (2)) and inserting the following: 

‘‘(11) COVERED PROGRAM.—The term ‘covered program’ 

means each of the programs authorized by— 

‘‘(A) part A of title I; 

‘‘(B) part C of title I; 

‘‘(C) part D of title I; 

‘‘(D) part A of title II; 

‘‘(E) part A of title III; 

‘‘(F) part A of title IV; 

‘‘(G) part B of title IV; and 

‘‘(H) subpart 2 of part B of title V. 

‘‘(12) CURRENT EXPENDITURES.—The term ‘current expenditures’ means expenditures for free public education— 
S. 1177—289 

‘‘(A) including expenditures for administration, instruction, attendance and health services, pupil transportation 

services, operation and maintenance of plant, fixed charges, 

and net expenditures to cover deficits for food services 

and student body activities; but 

‘‘(B) not including expenditures for community services, 

capital outlay, and debt service, or any expenditures made 

from funds received under title I.’’; 

(4) by inserting after paragraph (14) (as so redesignated 

by paragraph (2)) the following: 

‘‘(15) DUAL OR CONCURRENT ENROLLMENT PROGRAM.—The 

term ‘dual or concurrent enrollment program’ means a program 

offered by a partnership between at least one institution of 

higher education and at least one local educational agency 

through which a secondary school student who has not graduated from high school with a regular high school diploma 

is able to enroll in one or more postsecondary courses and 

earn postsecondary credit that— 

‘‘(A) is transferable to the institutions of higher education in the partnership; and 

‘‘(B) applies toward completion of a degree or recognized educational credential as described in the Higher 

Education Act of 1965 (20 U.S.C. 1001 et seq.). 

‘‘(16) EARLY CHILDHOOD EDUCATION PROGRAM.—The term 

‘early childhood education program’ has the meaning given 

the term in section 103 of the Higher Education Act of 1965 

(20 U.S.C. 1003). 

‘‘(17) EARLY COLLEGE HIGH SCHOOL.—The term ‘early college high school’ means a partnership between at least one 

local educational agency and at least one institution of higher 

education that allows participants to simultaneously complete 

requirements toward earning a regular high school diploma 

and earn not less than 12 credits that are transferable to 

the institutions of higher education in the partnership as part 

of an organized course of study toward a postsecondary degree 

or credential at no cost to the participant or participant’s 

family.’’; 

(5) in paragraph (20) (as so redesignated and transferred 

by paragraph (2))— 

(A) in the paragraph heading, by striking ‘‘LIMITED

ENGLISH PROFICIENT’’ and inserting ‘‘ENGLISH LEARNER’’; 

(B) in the matter preceding subparagraph (A), by 

striking ‘‘limited English proficient’’ and inserting ‘‘English 

learner’’; and 

(C) in subparagraph (D)(i), by striking ‘‘State’s proficient level of achievement on State assessments described 

in section 1111(b)(3)’’ and inserting ‘‘challenging State academic standards’’; 

(6) by inserting after paragraph (20) (as so redesignated 

and transferred by paragraph (2)), the following: 

‘‘(21) EVIDENCE-BASED.— 

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

(B), the term ‘evidence-based’, when used with respect to 

a State, local educational agency, or school activity, means 

an activity, strategy, or intervention that— 
S. 1177—290 

‘‘(i) demonstrates a statistically significant effect 

on improving student outcomes or other relevant outcomes based on— 

‘‘(I) strong evidence from at least 1 welldesigned and well-implemented experimental 

study; 

‘‘(II) moderate evidence from at least 1 welldesigned and well-implemented quasi-experimental study; or 

‘‘(III) promising evidence from at least 1 welldesigned and well-implemented correlational study 

with statistical controls for selection bias; or 

‘‘(ii)(I) demonstrates a rationale based on highquality research findings or positive evaluation that 

such activity, strategy, or intervention is likely to 

improve student outcomes or other relevant outcomes; 

and 

‘‘(II) includes ongoing efforts to examine the 

effects of such activity, strategy, or intervention. 

‘‘(B) DEFINITION FOR SPECIFIC ACTIVITIES FUNDED

UNDER THIS ACT.—When used with respect to interventions 

or improvement activities or strategies funded under section 1003, the term ‘evidence-based’ means a State, local 

educational agency, or school activity, strategy, or intervention that meets the requirements of subclause (I), (II), 

or (III) of subparagraph (A)(i). 

‘‘(22) EXPANDED LEARNING TIME.—The term ‘expanded 

learning time’ means using a longer school day, week, or year 

schedule to significantly increase the total number of school 

hours, in order to include additional time for— 

‘‘(A) activities and instruction for enrichment as part 

of a well-rounded education; and 

‘‘(B) instructional and support staff to collaborate, plan, 

and engage in professional development (including professional development on family and community engagement) 

within and across grades and subjects. 

‘‘(23) EXTENDED-YEAR ADJUSTED COHORT GRADUATION

RATE.— 

‘‘(A) IN GENERAL.—The term ‘extended-year adjusted 

cohort graduation rate’ means the fraction— 

‘‘(i) the denominator of which consists of the 

number of students who form the original cohort of 

entering first-time students in grade 9 enrolled in the 

high school no later than the date by which student 

membership data must be collected annually by State 

educational agencies for submission to the National 

Center for Education Statistics under section 153 of 

the Education Sciences Reform Act of 2002 (20 U.S.C. 

9543), adjusted by— 

‘‘(I) adding the students who joined that 

cohort, after the date of the determination of the 

original cohort; and 

‘‘(II) subtracting only those students who left 

that cohort, after the date of the determination 

of the original cohort, as described in subparagraph (B); and 

‘‘(ii) the numerator of which— 
S. 1177—291 

‘‘(I) consists of the sum of— 

‘‘(aa) the number of students in the cohort, 

as adjusted under clause (i), who earned a 

regular high school diploma before, during, 

or at the conclusion of— 

‘‘(AA) one or more additional years 

beyond the fourth year of high school; or 

‘‘(BB) a summer session immediately 

following the additional year of high 

school; and 

‘‘(bb) all students with the most significant 

cognitive disabilities in the cohort, as adjusted 

under clause (i), assessed using the alternate 

assessment aligned to alternate academic 

achievement standards under section 

1111(b)(2)(D) and awarded a State-defined 

alternate diploma that is— 

‘‘(AA) standards-based; 

‘‘(BB) aligned with the State requirements for the regular high school diploma; 

and 

‘‘(CC) obtained within the time period 

for which the State ensures the availability of a free appropriate public education under section 612(a)(1) of the 

Individuals with Disabilities Education 

Act (20 U.S.C. 1412(a)(1)); and 

‘‘(II) shall not include any student awarded 

a recognized equivalent of a diploma, such as a 

general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser 

credential. 

‘‘(B) COHORT REMOVAL.—To remove a student from a 

cohort, a school or local educational agency shall require 

documentation, or obtain documentation from the State 

educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred 

to a prison or juvenile facility, or is deceased. 

‘‘(C) TRANSFERRED OUT.—For purposes of this paragraph, the term ‘transferred out’ has the meaning given 

the term in clauses (i), (ii), and (iii) of paragraph (25)(C). 

‘‘(D) SPECIAL RULES.— 

‘‘(i) SCHOOLS STARTING AFTER GRADE 9.—For those 

high schools that start after grade 9, the original cohort 

shall be calculated for the earliest high school grade 

students attend no later than the date by which student membership data is collected annually by State 

educational agencies for submission to the National 

Center for Education Statistics pursuant to section 

153 of the Education Sciences Reform Act of 2002 

(20 U.S.C. 9543). 

‘‘(ii) VERY SMALL SCHOOLS.—A State educational 

agency may calculate the extended year adjusted cohort 

graduation rate described under this paragraph for 

a high school with an average enrollment over a 4- 

year period of less than 100 students for the purposes 

of section 1111(c)(4) by— 
S. 1177—292 

‘‘(I) averaging the extended-year adjusted 

cohort graduation rate of the school over a period 

of three years; or 

‘‘(II) establishing a minimum number of students that must be included in the cohort described 

in clause (i) of subparagraph (A) that will provide 

a valid graduation rate calculation as determined 

by the Secretary, below which the school shall 

be exempt from differentiation and identification 

under such section.’’; 

(7) by inserting after paragraph (24) (as so redesignated 

by paragraph (2)) the following: 

‘‘(25) FOUR-YEAR ADJUSTED COHORT GRADUATION RATE.— 

‘‘(A) IN GENERAL.—The term ‘four-year adjusted cohort 

graduation rate’ means the fraction— 

‘‘(i) the denominator of which consists of the 

number of students who form the original cohort of 

entering first-time students in grade 9 enrolled in the 

high school no later than the date by which student 

membership data is collected annually by State educational agencies for submission to the National Center 

for Education Statistics pursuant to section 153 of 

the Education Sciences Reform Act of 2002 (20 U.S.C. 

9543), adjusted by— 

‘‘(I) adding the students who joined that 

cohort, after the date of the determination of the 

original cohort; and 

‘‘(II) subtracting only those students who left 

that cohort, after the date of the determination 

of the original cohort, as described in subparagraph (B); and 

‘‘(ii) the numerator of which— 

‘‘(I) consists of the sum of— 

‘‘(aa) the number of students in the cohort, 

as adjusted under clause (i), who earned a 

regular high school diploma before, during, 

or at the conclusion of— 

‘‘(AA) the fourth year of high school; 

or 

‘‘(BB) a summer session immediately 

following the fourth year of high school; 

and 

‘‘(bb) all students with the most significant 

cognitive disabilities in the cohort, as adjusted 

under clause (i), assessed using the alternate 

assessment aligned to alternate academic 

achievement standards under section 

1111(b)(2)(D) and awarded a State-defined 

alternate diploma that is— 

‘‘(AA) standards-based; 

‘‘(BB) aligned with the State requirements for the regular high school diploma; 

and 

‘‘(CC) obtained within the time period 

for which the State ensures the availability of a free appropriate public education under section 612(a)(1) of the 
S. 1177—293 

Individuals with Disabilities Education 

Act (20 U.S.C. 1412(a)(1); and 

‘‘(II) shall not include any student awarded 

a recognized equivalent of a diploma, such as a 

general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser 

credential. 

‘‘(B) COHORT REMOVAL.—To remove a student from a 

cohort, a school or local educational agency shall require 

documentation, or obtain documentation from the State 

educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred 

to a prison or juvenile facility, or is deceased. 

‘‘(C) TRANSFERRED OUT.— 

‘‘(i) IN GENERAL.—For purposes of this paragraph, 

the term ‘transferred out’ means that a student, as 

confirmed by the high school or local educational 

agency in accordance with clause (ii), has transferred 

to— 

‘‘(I) another school from which the student 

is expected to receive a regular high school 

diploma; or 

‘‘(II) another educational program from which 

the student is expected to receive a regular high 

school diploma or an alternate diploma that meets 

the requirements of subparagraph (A)(ii)(I)(bb). 

‘‘(ii) CONFIRMATION REQUIREMENTS.— ‘‘(I) DOCUMENTATION REQUIRED.—The confirmation of a student’s transfer to another school 

or educational program described in clause (i) 

requires documentation of such transfer from the 

receiving school or program in which the student 

enrolled. 

‘‘(II) LACK OF CONFIRMATION.—A student who 

was enrolled in a high school, but for whom there 

is no confirmation of the student having transferred out, shall remain in the adjusted cohort. 

‘‘(iii) PROGRAMS NOT PROVIDING CREDIT.—Except 

as provided in subparagraph (A)(ii)(I)(bb), a student 

who is retained in grade or who is enrolled in a program leading to a general equivalency diploma, or 

other alternative educational program that does not 

issue or provide credit toward the issuance of a regular 

high school diploma, shall not be considered transferred out and shall remain in the adjusted cohort. 

‘‘(D) SPECIAL RULES.— 

‘‘(i) SCHOOLS STARTING AFTER GRADE 9.—For those 

high schools that start after grade 9, the original cohort 

shall be calculated for the earliest high school grade 

students attend no later than the date by which student membership data must be collected annually by 

State educational agencies for submission to the 

National Center for Education Statistics pursuant to 

section 153 of the Education Sciences Reform Act of 

2002 (20 U.S.C. 9543). 

‘‘(ii) VERY SMALL SCHOOLS.—A State educational 

agency may calculate the four-year adjusted cohort 
S. 1177—294 

graduation rate described under this paragraph for 

a high school with an average enrollment over a 4- 

year period of less than 100 students for the purposes 

of section 1111(c)(4) by— 

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

graduation rate of the school over a period of three 

years; or 

‘‘(II) establishing a minimum number of students that must be included in the cohort described 

in clause (i) of subparagraph (A) that will provide 

a valid graduation rate calculation as determined 

by the Secretary, below which the school shall 

be exempt from differentiation and identification 

under such section.’’; 

(8) by inserting after paragraph (27) (as so redesignated 

by paragraph (2)) the following: 

‘‘(28) HIGH SCHOOL.—The term ‘high school’ means a secondary school that— 

‘‘(A) grants a diploma, as defined by the State; and 

‘‘(B) includes, at least, grade 12.’’; 

(9) in paragraph (30) (as so redesignated by paragraph 

(2)), in subparagraph (C)— 

(A) by striking the subparagraph designation and 

heading and inserting ‘‘(C) BUREAU OF INDIAN EDUCATION

SCHOOLS.—’’; and 

(B) by striking ‘‘Affairs’’ both places the term appears 

and inserting ‘‘Education’’; 

(10) by inserting after paragraph (31) (as redesignated 

by paragraph (2)) the following: 

‘‘(32) MIDDLE GRADES.—The term middle grades means any 

of grades 5 through 8. 

‘‘(33) MULTI-TIER SYSTEM OF SUPPORTS.—The term ‘multitier system of supports’ means a comprehensive continuum 

of evidence-based, systemic practices to support a rapid 

response to students’ needs, with regular observation to facilitate data-based instructional decisionmaking.’’; 

(11) in paragraph (35) (as so redesignated by paragraph 

(2)), by striking ‘‘pupil services’’ and inserting ‘‘specialized 

instructional support’’; 

(12) by striking paragraph (36) (as so redesignated by 

paragraph (2)) and inserting the following: 

‘‘(36) OUTLYING AREA.—The term ‘outlying area’— 

‘‘(A) means American Samoa, the Commonwealth of 

the Northern Mariana Islands, Guam, and the United 

States Virgin Islands; 

‘‘(B) means the Republic of Palau, to the extent permitted under section 105(f)(1)(B)(ix) of the Compact of Free 

Association Amendments Act of 2003 (Public Law 108- 

188; 117 Stat. 2751) and until an agreement for the extension of United States education assistance under the Compact of Free Association becomes effective for the Republic 

of Palau; and 

‘‘(C) for the purpose of any discretionary grant program 

under this Act, includes the Republic of the Marshall 

Islands and the Federated States of Micronesia, to the 
S. 1177—295 

extent permitted under section 105(f)(1)(B)(viii) of the Compact of Free Association Amendments Act of 2003 (Public 

Law 108–188; 117 Stat. 2751).’’; 

(13) by inserting after paragraph (36) (as so redesignated 

by paragraph (2)), the following: 

‘‘(37) PARAPROFESSIONAL.—The term ‘paraprofessional’, also 

known as a ‘paraeducator’, includes an education assistant 

and instructional assistant.’’; 

(14) in paragraph (39) (as so redesignated by paragraph 

(2))— 

(A) in subparagraph (C), by inserting ‘‘and’’ after the 

semicolon; and 

(B) in subparagraph (D), by striking ‘‘section 1118’’ 

and inserting ‘‘section 1116’’; 

(15) by inserting after paragraph (39) (as so redesignated 

by paragraph (2)) the following: 

‘‘(40) PAY FOR SUCCESS INITIATIVE.—The term ‘pay for success initiative’ means a performance-based grant, contract, or 

cooperative agreement awarded by a public entity in which 

a commitment is made to pay for improved outcomes that 

result in social benefit and direct cost savings or cost avoidance 

to the public sector. Such an initiative shall include— 

‘‘(A) a feasibility study on the initiative describing how 

the proposed intervention is based on evidence of effectiveness; 

‘‘(B) a rigorous, third-party evaluation that uses experimental or quasi-experimental design or other research 

methodologies that allow for the strongest possible causal 

inferences to determine whether the initiative has met 

its proposed outcomes; 

‘‘(C) an annual, publicly available report on the 

progress of the initiative; and 

‘‘(D) a requirement that payments are made to the 

recipient of a grant, contract, or cooperative agreement 

only when agreed upon outcomes are achieved, except that 

the entity may make payments to the third party conducting the evaluation described in subparagraph (B).’’; 

(16) by striking paragraph (42) (as so redesignated by 

paragraph (2)) and inserting the following: 

‘‘(42) PROFESSIONAL DEVELOPMENT.—The term ‘professional 

development’ means activities that— 

‘‘(A) are an integral part of school and local educational 

agency strategies for providing educators (including 

teachers, principals, other school leaders, specialized 

instructional support personnel, paraprofessionals, and, as 

applicable, early childhood educators) with the knowledge 

and skills necessary to enable students to succeed in a 

well-rounded education and to meet the challenging State 

academic standards; and 

‘‘(B) are sustained (not stand-alone, 1-day, or short 

term workshops), intensive, collaborative, job-embedded, 

data-driven, and classroom-focused, and may include activities that— 

‘‘(i) improve and increase teachers’— 

‘‘(I) knowledge of the academic subjects the 

teachers teach; 

‘‘(II) understanding of how students learn; and 
S. 1177—296 

‘‘(III) ability to analyze student work and 

achievement from multiple sources, including how 

to adjust instructional strategies, assessments, and 

materials based on such analysis; 

‘‘(ii) are an integral part of broad schoolwide and 

districtwide educational improvement plans; 

‘‘(iii) allow personalized plans for each educator 

to address the educator’s specific needs identified in 

observation or other feedback; 

‘‘(iv) improve classroom management skills; 

‘‘(v) support the recruitment, hiring, and training 

of effective teachers, including teachers who became 

certified through State and local alternative routes 

to certification; 

‘‘(vi) advance teacher understanding of— 

‘‘(I) effective instructional strategies that are 

evidence-based; and 

‘‘(II) strategies for improving student academic 

achievement or substantially increasing the knowledge and teaching skills of teachers; 

‘‘(vii) are aligned with, and directly related to, 

academic goals of the school or local educational 

agency; 

‘‘(viii) are developed with extensive participation 

of teachers, principals, other school leaders, parents, 

representatives of Indian tribes (as applicable), and 

administrators of schools to be served under this Act; 

‘‘(ix) are designed to give teachers of English 

learners, and other teachers and instructional staff, 

the knowledge and skills to provide instruction and 

appropriate language and academic support services 

to those children, including the appropriate use of curricula and assessments; 

‘‘(x) to the extent appropriate, provide training 

for teachers, principals, and other school leaders in 

the use of technology (including education about the 

harms of copyright piracy), so that technology and 

technology applications are effectively used in the 

classroom to improve teaching and learning in the 

curricula and academic subjects in which the teachers 

teach; 

‘‘(xi) as a whole, are regularly evaluated for their 

impact on increased teacher effectiveness and improved 

student academic achievement, with the findings of 

the evaluations used to improve the quality of professional development; 

‘‘(xii) are designed to give teachers of children with 

disabilities or children with developmental delays, and 

other teachers and instructional staff, the knowledge 

and skills to provide instruction and academic support 

services, to those children, including positive behavioral interventions and supports, multi-tier system of 

supports, and use of accommodations; 

‘‘(xiii) include instruction in the use of data and 

assessments to inform and instruct classroom practice; 
S. 1177—297 

‘‘(xiv) include instruction in ways that teachers, 

principals, other school leaders, specialized instructional support personnel, and school administrators 

may work more effectively with parents and families; 

‘‘(xv) involve the forming of partnerships with 

institutions of higher education, including, as 

applicable, Tribal Colleges and Universities as defined 

in section 316(b) of the Higher Education Act of 1965 

(20 U.S.C. 1059c(b)), to establish school-based teacher, 

principal, and other school leader training programs 

that provide prospective teachers, novice teachers, 

principals, and other school leaders with an opportunity to work under the guidance of experienced 

teachers, principals, other school leaders, and faculty 

of such institutions; 

‘‘(xvi) create programs to enable paraprofessionals 

(assisting teachers employed by a local educational 

agency receiving assistance under part A of title I) 

to obtain the education necessary for those paraprofessionals to become certified and licensed teachers; 

‘‘(xvii) provide follow-up training to teachers who 

have participated in activities described in this paragraph that are designed to ensure that the knowledge 

and skills learned by the teachers are implemented 

in the classroom; and 

‘‘(xviii) where practicable, provide jointly for school 

staff and other early childhood education program providers, to address the transition to elementary school, 

including issues related to school readiness.’’; 

(17) by inserting after paragraph (42) (as so redesignated 

by paragraph (2)) the following: 

‘‘(43) REGULAR HIGH SCHOOL DIPLOMA.—The term ‘regular 

high school diploma’— 

‘‘(A) means the standard high school diploma awarded 

to the preponderance of students in the State that is fully 

aligned with State standards, or a higher diploma, except 

that a regular high school diploma shall not be aligned 

to the alternate academic achievement standards described 

in section 1111(b)(1)(E); and 

‘‘(B) does not include a recognized equivalent of a 

diploma, such as a general equivalency diploma, certificate 

of completion, certificate of attendance, or similar lesser 

credential. 

‘‘(44) SCHOOL LEADER.—The term ‘school leader’ means a 

principal, assistant principal, or other individual who is— 

‘‘(A) an employee or officer of an elementary school 

or secondary school, local educational agency, or other 

entity operating an elementary school or secondary school; 

and 

‘‘(B) responsible for the daily instructional leadership 

and managerial operations in the elementary school or 

secondary school building.’’; 

(18) by inserting after paragraph (46) (as so redesignated 

by paragraph (2)) the following: 

‘‘(47) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL; 

SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.— 
S. 1177—298 

‘‘(A) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL.—The term ‘specialized instructional support personnel’ means— 

‘‘(i) school counselors, school social workers, and 

school psychologists; and 

‘‘(ii) other qualified professional personnel, such 

as school nurses, speech language pathologists, and 

school librarians, involved in providing assessment, 

diagnosis, counseling, educational, therapeutic, and 

other necessary services (including related services as 

that term is defined in section 602 of the Individuals 

with Disabilities Education Act (20 U.S.C. 1401)) as 

part of a comprehensive program to meet student 

needs. 

‘‘(B) SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.— 

The term ‘specialized instructional support services’ means 

the services provided by specialized instructional support 

personnel.’’; 

(19) by striking the undesignated paragraph between paragraph (47) (as inserted by paragraph (18)) and paragraph (49) 

(as so redesignated by paragraph (2)) and inserting the following: 

‘‘(48) STATE.—The term ‘State’ means each of the 50 States, 

the District of Columbia, the Commonwealth of Puerto Rico, 

and each of the outlying areas.’’; 

(20) by striking paragraph (50) (as so redesignated by 

paragraph (2)) and inserting the following: 

‘‘(50) TECHNOLOGY.—The term ‘technology’ means modern 

information, computer and communication technology products, 

services, or tools, including, the Internet and other communications networks, computer devices and other computer and 

communications hardware, software applications, data systems, 

and other electronic content (including multimedia content) 

and data storage.’’; and 

(21) by adding at the end the following: 

‘‘(51) UNIVERSAL DESIGN FOR LEARNING.—The term ‘universal design for learning’ has the meaning given the term 

in section 103 of the Higher Education Act of 1965 (20 U.S.C. 

1003). 

‘‘(52) WELL-ROUNDED EDUCATION.—The term ‘well-rounded 

education’ means courses, activities, and programming in subjects such as English, reading or language arts, writing, science, 

technology, engineering, mathematics, foreign languages, civics 

and government, economics, arts, history, geography, computer 

science, music, career and technical education, health, physical 

education, and any other subject, as determined by the State 

or local educational agency, with the purpose of providing all 

students access to an enriched curriculum and educational 

experience.’’. 

SEC. 8003. APPLICABILITY OF TITLE. 

Section 8102, as redesignated by section 8001 of this Act, is 

further amended by striking ‘‘Parts B, C, D, and E of this title 

do not apply to title VIII’’ and inserting ‘‘Parts B, C, D, E, and 

F of this title do not apply to title VII’’. 
S. 1177—299 

SEC. 8004. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS. 

Section 8103, as redesignated by section 8001 of this Act, is 

amended— 

(1) in the section heading, by striking ‘‘BUREAU OF INDIAN

AFFAIRS’’ and inserting ‘‘BUREAU OF INDIAN EDUCATION’’; and 

(2) by striking ‘‘Bureau of Indian Affairs’’ each place the 

term appears and inserting ‘‘Bureau of Indian Education’’. 

SEC. 8005. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR 

ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. 

Section 8201(b)(2), as redesignated by section 8001 of this Act, 

is amended— 

(1) in subparagraph (G), by striking ‘‘and’’ after the semicolon; 

(2) in subparagraph (H), by striking the period and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(I) implementation of fiscal support teams that provide 

technical fiscal support assistance, which shall include 

evaluating fiscal, administrative, and staffing functions, 

and any other key operational function.’’. 

SEC. 8006. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION. 

Section 8203, as redesignated by section 8001 of this Act, is 

amended— 

(1) in subsection (b), by striking ‘‘Within 1 year after the 

date of enactment of the No Child Left Behind Act of 2001, 

a State’’ and inserting ‘‘A State’’; and 

(2) by striking subsection (d) and inserting the following: 

‘‘(d) USES OF ADMINISTRATIVE FUNDS.— ‘‘(1) IN GENERAL.—A local educational agency that consolidates administrative funds under this section may use the 

consolidated funds for the administration of the programs and 

for uses, at the school district and school levels, comparable 

to those described in section 8201(b)(2). 

‘‘(2) FISCAL SUPPORT TEAMS.—A local educational agency 

that uses funds as described in section 8201(b)(2)(I) may contribute State or local funds to expand the reach of such support 

without violating any supplement, not supplant requirement 

of any program contributing administrative funds.’’. 

SEC. 8007. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE 

INTERIOR FUNDS. 

Section 8204, as redesignated and amended by section 8001 

of this Act, is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘part A of title VII’’ 

and inserting ‘‘part A of title VI’’; and 

(B) in paragraph (2), by striking subparagraph (B) 

and inserting the following: 

‘‘(B) CONTENTS.—The agreement shall— 

‘‘(i) set forth the plans of the Secretary of the 

Interior for the use of the amount transferred and 

the achievement measures to assess program effectiveness, including program objectives; and 

‘‘(ii) be developed in consultation with Indian 

tribes.’’; and 
S. 1177—300 

(2) by adding at the end the following: 

‘‘(c) ACCOUNTABILITY SYSTEM.— ‘‘(1) For the purposes of part A of title I, the Secretary 

of Interior, in consultation with the Secretary, if the Secretary 

of the Interior requests the consultation, using a negotiated 

rulemaking process to develop regulations for implementation 

no later than the 2017-2018 academic year, shall define the 

standards, assessments, and accountability system consistent 

with section 1111, for the schools funded by the Bureau of 

Indian Education on a national, regional, or tribal basis, as 

appropriate, taking into account the unique circumstances and 

needs of such schools and the students served by such schools. 

‘‘(2) The tribal governing body or school board of a school 

funded by the Bureau of Indian Affairs may waive, in part 

or in whole, the requirements established pursuant to paragraph (1) where such requirements are determined by such 

body or school board to be inappropriate. If such requirements 

are waived, the tribal governing body or school board shall, 

within 60 days, submit to the Secretary of Interior a proposal 

for alternative standards, assessments, and an accountability 

system, if applicable, consistent with section 1111, that takes 

into account the unique circumstances and needs of such school 

or schools and the students served. The Secretary of the Interior 

and the Secretary shall approve such standards, assessments, 

and accountability system unless the Secretary determines that 

the standards, assessments, and accountability system do not 

meet the requirements of section 1111, taking into account 

the unique circumstances and needs of such school or schools 

and the students served. 

‘‘(3) TECHNICAL ASSISTANCE.—The Secretary of Interior and 

the Secretary shall, either directly or through a contract, provide technical assistance, upon request, to a tribal governing 

body or school board of a school funded by the Bureau of 

Indian Affairs that seeks a waiver under paragraph (2).’’. 

SEC. 8008. DEPARTMENT STAFF. 

Title VIII, as redesignated and amended by section 8001 of 

this Act, is further amended by adding after section 8204 the 

following: 

‘‘SEC. 8205. DEPARTMENT STAFF. 

‘‘The Secretary shall— 

‘‘(1) not later than 60 days after the date of enactment 

of the Every Student Succeeds Act, identify the number of 

Department full-time equivalent employees who worked on or 

administered each education program or project authorized 

under this Act, as such program or project was in effect on 

the day before such date of enactment, and publish such 

information on the Department’s website; 

‘‘(2) not later than 60 days after such date of enactment, 

identify the number of full-time equivalent employees who 

worked on or administered each program or project authorized 

under this Act, as such program or project was in effect on 

the day before such date of enactment, that has been eliminated 

or consolidated since such date of enactment; 

‘‘(3) not later than 1 year after such date of enactment, 

reduce the workforce of the Department by the number of 
S. 1177—301 

full-time equivalent employees the Department identified under 

paragraph (2); and 

‘‘(4) not later than 1 year after such date of enactment, 

report to Congress on— 

‘‘(A) the number of full-time equivalent employees associated with each program or project authorized under this 

Act and administered by the Department; 

‘‘(B) the number of full-time equivalent employees who 

were determined to be associated with eliminated or 

consolidated programs or projects described in paragraph 

(2); 

‘‘(C) how the Secretary has reduced the number of 

full-time equivalent employees as described in paragraph 

(3); 

‘‘(D) the average salary of the full-time equivalent 

employees described in subparagraph (B) whose positions 

were eliminated; and 

‘‘(E) the average salary of the full-time equivalent 

employees who work on or administer a program or project 

authorized by the Department under this Act, 

disaggregated by employee function within each such program or project.’’. 

SEC. 8009. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS. 

Section 8302(b)(1), as redesignated by section 8001 of this Act, 

is amended by striking ‘‘nonprofit’’. 

SEC. 8010. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY 

ASSURANCES. 

Section 8304(a)(2), as redesignated by section 8001 of this Act, 

is amended by striking ‘‘nonprofit’’ and inserting ‘‘eligible’’ each 

place the term appears. 

SEC. 8011. RURAL CONSOLIDATED PLAN. 

Section 8305, as redesignated and amended by section 8001 

of this Act, is amended by adding at the end the following: 

‘‘(e) RURAL CONSOLIDATED PLAN.— ‘‘(1) IN GENERAL.—Two or more eligible local educational 

agencies, a consortium of eligible local educational service agencies, or an educational service agency on behalf of eligible 

local educational agencies may submit plans or applications 

for 1 or more covered programs to the State educational agency 

on a consolidated basis, if each eligible local educational agency 

impacted elects to participate in the joint application or elects 

to allow the educational service agency to apply on its behalf. 

‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—For the purposes of this subsection, the term ‘eligible local educational 

agency’ means a local educational agency that is an eligible 

local educational agency under part B of title V.’’. 

SEC. 8012. OTHER GENERAL ASSURANCES. 

Section 8306(a), as redesignated and amended by section 8001 

of this Act, is further amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘whether separately or pursuant to section 8305,’’; and 

(2) in paragraph (2), by striking ‘‘nonprofit’’ each place 

it appears and inserting ‘‘eligible’’. 
S. 1177—302 

SEC. 8013. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS. 

Section 8401, as redesignated by section 8001 of this Act, is 

amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) IN GENERAL.— 

‘‘(1) REQUEST FOR WAIVER BY STATE OR INDIAN TRIBE.— 

A State educational agency or Indian tribe that receives funds 

under a program authorized under this Act may submit a 

request to the Secretary to waive any statutory or regulatory 

requirement of this Act. 

‘‘(2) LOCAL EDUCATIONAL AGENCY AND SCHOOL REQUESTS

SUBMITTED THROUGH THE STATE.— 

‘‘(A) REQUEST FOR WAIVER BY LOCAL EDUCATIONAL

AGENCY.—A local educational agency that receives funds 

under a program authorized under this Act and desires 

a waiver of any statutory or regulatory requirement of 

this Act shall submit a request containing the information 

described in subsection (b)(1) to the appropriate State educational agency. The State educational agency may then 

submit the request to the Secretary if the State educational 

agency determines the waiver appropriate. 

‘‘(B) REQUEST FOR WAIVER BY SCHOOL.—An elementary 

school or secondary school that desires a waiver of any 

statutory or regulatory requirement of this Act shall submit 

a request containing the information described in subsection (b)(1) to the local educational agency serving the 

school. The local educational agency may then submit the 

request to the State educational agency in accordance with 

subparagraph (A) if the local educational agency determines the waiver appropriate. 

‘‘(3) RECEIPT OF WAIVER.—Except as provided in subsection 

(b)(4) or (c), the Secretary may waive any statutory or regulatory requirement of this Act for which a waiver request is 

submitted to the Secretary pursuant to this subsection.’’; 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘, local educational agency,’’ 

and inserting ‘‘, acting on its own behalf or on 

behalf of a local educational agency in accordance 

with subsection (a)(2),’’; and 

(II) by inserting ‘‘, which shall include a plan’’ 

after ‘‘to the Secretary’’; 

(ii) by redesignating subparagraph (E) as subparagraph (F); 

(iii) by striking subparagraphs (B), (C), and (D) 

and inserting the following: 

‘‘(B) describes which Federal statutory or regulatory 

requirements are to be waived; 

‘‘(C) describes how the waiving of such requirements 

will advance student academic achievement; 

‘‘(D) describes the methods the State educational 

agency, local educational agency, school, or Indian tribe 

will use to monitor and regularly evaluate the effectiveness 

of the implementation of the plan; 
S. 1177—303 

‘‘(E) includes only information directly related to the 

waiver request; and’’; and 

(iv) in subparagraph (F), as redesignated by clause 

(ii), by inserting ‘‘and, if the waiver relates to provisions 

of subsections (b) or (h) of section 1111, describes how 

the State educational agency, local educational agency, 

school, or Indian tribe will maintain or improve transparency in reporting to parents and the public on student achievement and school performance, including 

the achievement of the subgroups of students identified 

in section 1111(b)(2)(B)(xi)’’ after ‘‘waivers are 

requested’’; 

(B) in paragraph (2)(B)(i)(II), by striking ‘‘(on behalf 

of, and based on the requests of, local educational agencies)’’ 

and inserting ‘‘(on behalf of those agencies or on behalf 

of, and based on the requests of, local educational agencies 

in the State)’’; 

(C) in paragraph (3)— 

(i) in subparagraph (A)— 

(I) in the matter preceding clause (i), by 

inserting ‘‘or on behalf of local educational agencies 

in the State under subsection (a)(2),’’ after ‘‘acting 

on its own behalf,’’; and 

(II) by striking clauses (i) through (iii) and 

inserting the following: 

‘‘(i) provide the public and any interested local 

educational agency in the State with notice and a 

reasonable opportunity to comment and provide input 

on the request, to the extent that the request impacts 

the local educational agency; 

‘‘(ii) submit the comments and input to the Secretary, with a description of how the State addressed 

the comments and input; and 

‘‘(iii) provide notice and a reasonable time to comment to the public and local educational agencies in 

the manner in which the applying agency customarily 

provides similar notice and opportunity to comment 

to the public.’’; and 

(ii) in subparagraph (B), by striking clauses (i) 

and (ii) and inserting the following: 

‘‘(i) the request shall be reviewed and approved 

by the State educational agency in accordance with 

subsection (a)(2) before being submitted to the Secretary and be accompanied by the comments, if any, 

of the State educational agency and the public; and 

‘‘(ii) notice and a reasonable opportunity to comment regarding the waiver request shall be provided 

to the State educational agency and the public by 

the agency requesting the waiver in the manner in 

which that agency customarily provides similar notice 

and opportunity to comment to the public.’’. 

(D) by adding at the end the following: 

‘‘(4) WAIVER DETERMINATION, DEMONSTRATION, AND REVI- SION.— ‘‘(A) IN GENERAL.—The Secretary shall issue a written 

determination regarding the initial approval or disapproval 

of a waiver request not more than 120 days after the 
S. 1177—304 

date on which such request is submitted. Initial disapproval 

of such request shall be based on the determination of 

the Secretary that— 

‘‘(i) the waiver request does not meet the requirements of this section; 

‘‘(ii) the waiver is not permitted under subsection 

(c); 

‘‘(iii) the description required under paragraph 

(1)(C) in the plan provides insufficient information to 

demonstrate that the waiving of such requirements 

will advance student academic achievement consistent 

with the purposes of this Act; or 

‘‘(iv) the waiver request does not provide for adequate evaluation to ensure review and continuous 

improvement of the plan. 

‘‘(B) WAIVER DETERMINATION AND REVISION.—Upon the 

initial determination of disapproval under subparagraph 

(A), the Secretary shall— 

‘‘(i) immediately— 

‘‘(I) notify the State educational agency, local 

educational agency (through the State educational 

agency), school (through the local educational 

agency), or Indian tribe, as applicable, of such 

determination; and 

‘‘(II) provide detailed reasons for such determination in writing to the applicable entity under 

subclause (I) to the public, such as posting in 

a clear and easily accessible format to the Department’s website; 

‘‘(ii) offer the State educational agency, local educational agency (through the State educational agency), 

school (through the local educational agency), or Indian 

tribe an opportunity to revise and resubmit the waiver 

request by a date that is not more than 60 days after 

the date of such determination; and 

‘‘(iii) if the Secretary determines that the resubmission under clause (ii) does not meet the requirements 

of this section, at the request of the State educational 

agency, local educational agency, school, or Indian 

tribe, conduct a hearing not more than 30 days after 

the date of such resubmission. 

‘‘(C) WAIVER DISAPPROVAL.—The Secretary may ultimately disapprove a waiver request if— 

‘‘(i) the State educational agency, local educational 

agency, school, or Indian tribe has been notified and 

offered an opportunity to revise and resubmit the 

waiver request, as described under clauses (i) and (ii) 

of subparagraph (B); and 

‘‘(ii) the State educational agency, local educational 

agency (through the State educational agency), school 

(through the local educational agency), or Indian 

tribe— 

‘‘(I) does not revise and resubmit the waiver 

request; or 

‘‘(II) revises and resubmits the waiver request, 

and the Secretary determines that such waiver 

request does not meet the requirements of this 
S. 1177—305 

section after a hearing conducted under subparagraph (B)(iii), if such a hearing is requested. 

‘‘(D) EXTERNAL CONDITIONS.—The Secretary shall not 

disapprove a waiver request under this section based on 

conditions outside the scope of the waiver request.’’; 

(3) in subsection (c)— 

(A) in paragraph (1), by inserting ‘‘, Indian tribes’’ 

after ‘‘local educational agencies’’; 

(B) in paragraph (8), by striking ‘‘subpart 1 of part 

B of title V’’ and inserting ‘‘part C of title IV’’; and 

(C) by striking paragraph (9) and inserting the following: 

‘‘(9) the prohibitions— 

‘‘(A) in subpart 2 of part F; 

‘‘(B) regarding use of funds for religious worship or 

instruction in section 8505; and 

‘‘(C) regarding activities in section 8526; or’’; 

(4) in subsection (d)— 

(A) in the subsection heading, by adding ‘‘; LIMITA- TIONS’’ after ‘‘WAIVER’’; 

(B) in paragraph (2), in the matter preceding subparagraph (A), by striking ‘‘Secretary determines’’ and inserting 

‘‘State demonstrates’’; and 

(C) by adding at the end the following: 

‘‘(3) SPECIFIC LIMITATIONS.—The Secretary shall not require 

a State educational agency, local educational agency, school, 

or Indian tribe, as a condition of approval of a waiver request, 

to— 

‘‘(A) include in, or delete from, such request, specific 

academic standards, such as the Common Core State 

Standards developed under the Common Core State Standards Initiative or any other standards common to a significant number of States; 

‘‘(B) use specific academic assessment instruments or 

items, including assessments aligned to the standards 

described in subparagraph (A); or 

‘‘(C) include in, or delete from, such waiver request 

any specific elements of— 

‘‘(i) State academic standards; 

‘‘(ii) academic assessments; 

‘‘(iii) State accountability systems; or 

‘‘(iv) teacher and school leader evaluation systems.’’; 

(5) by striking subsection (e) and inserting the following: 

‘‘(e) REPORTS.—A State educational agency, local educational 

agency, school, or Indian tribe receiving a waiver under this section 

shall describe, as part of, and pursuant to, the required annual 

reporting under section 1111(h)— 

‘‘(1) the progress of schools covered under the provisions 

of such waiver toward improving student academic achievement; and 

‘‘(2) how the use of the waiver has contributed to such 

progress.’’; and 

(6) in subsection (f), by striking ‘‘if the Secretary determines’’ and all that follows through the period at the end 

and inserting the following: ‘‘if, after notice and an opportunity 

for a hearing, the Secretary— 
S. 1177—306 

‘‘(A) presents a rationale and supporting information 

that clearly demonstrates that the waiver is not contributing to the progress of schools described in subsection 

(e)(1); or 

‘‘(B) determines that the waiver is no longer necessary 

to achieve its original purposes.’’. 

SEC. 8014. APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL 

APPLICATIONS. 

Title VIII, as amended and redesignated by section 8001 of 

this Act, is further amended by inserting after section 8401 the 

following: 

‘‘PART E—APPROVAL AND DISAPPROVAL OF 

STATE PLANS AND LOCAL APPLICATIONS 

‘‘SEC. 8451. APPROVAL AND DISAPPROVAL OF STATE PLANS. 

‘‘(a) APPROVAL.—A plan submitted by a State pursuant to section 2101(d), 4103(c), 4203, or 8302 shall be approved by the Secretary unless the Secretary makes a written determination (which 

shall include the supporting information and rationale supporting 

such determination), prior to the expiration of the 120-day period 

beginning on the date on which the Secretary received the plan, 

that the plan is not in compliance with section 2101(d), 4103(c), 

or 4203, or part C, respectively. 

‘‘(b) DISAPPROVAL PROCESS.— ‘‘(1) IN GENERAL.—The Secretary shall not finally disapprove a plan submitted under section 2101(d), 4103(c), 4203, 

or 8302, except after giving the State educational agency notice 

and an opportunity for a hearing. 

‘‘(2) NOTIFICATIONS.—If the Secretary finds that the plan 

is not in compliance, in whole or in part, with section 2101(d), 

4103(c), or 4203, or part C, as applicable, the Secretary shall— 

‘‘(A) immediately notify the State of such determination; 

‘‘(B) provide a detailed description of the specific provisions of the plan that the Secretary determines fail to 

meet the requirements, in whole or in part, of such section 

or part, as applicable; 

‘‘(C) offer the State an opportunity to revise and 

resubmit its plan within 45 days of such determination, 

including the chance for the State to present supporting 

information to clearly demonstrate that the State plan 

meets the requirements of such section or part, as 

applicable; 

‘‘(D) provide technical assistance, upon request of the 

State, in order to assist the State to meet the requirements 

of such section or part, as applicable; 

‘‘(E) conduct a hearing within 30 days of the plan’s 

resubmission under subparagraph (C), unless a State 

declines the opportunity for such hearing; and 

‘‘(F) request additional information, only as to the noncompliant provisions, needed to make the plan compliant. 

‘‘(3) RESPONSE.—If the State educational agency responds 

to the Secretary’s notification described in paragraph (2)(A) 

prior to the expiration of the 45-day period beginning on the 

date on which the State educational agency received the 
S. 1177—307 

notification, and resubmits the plan as described in paragraph 

(2)(C), the Secretary shall approve such plan unless the Secretary determines the plan does not meet the requirements 

of section 2101(d), 4103(c), or 4203, or part C, as applicable. 

‘‘(4) FAILURE TO RESPOND.—If the State educational agency 

does not respond to the Secretary’s notification described in 

paragraph (2)(A) prior to the expiration of the 45-day period 

beginning on the date on which the State educational agency 

received the notification, such plan shall be deemed to be disapproved. 

‘‘(c) LIMITATION.—A plan submitted under section 2101(d), 

4103(c), 4203, or 8302 shall not be approved or disapproved based 

upon the nature of the activities proposed within such plan if 

such proposed activities meet the applicable program requirements. 

‘‘(d) PEER-REVIEW REQUIREMENTS.—Notwithstanding any other 

requirements of this part, the Secretary shall ensure that any 

portion of a consolidated State plan that is related to part A 

of title I is subject to the peer-review process described in section 

1111(a)(4). 

‘‘SEC. 8452. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL 

AGENCY APPLICATIONS. 

‘‘(a) APPROVAL.—An application submitted by a local educational agency pursuant to section 2102(b), 4106, 4204(b) or 8305, 

shall be approved by the State educational agency unless the State 

educational agency makes a written determination (which shall 

include the supporting information and rationale for such determination), prior to the expiration of the 120-day period beginning 

on the date on which the State educational agency received the 

application, that the application is not in compliance with section 

2102(b), 4106, or 4204(b), or part C, respectively. 

‘‘(b) DISAPPROVAL PROCESS.— ‘‘(1) IN GENERAL.—The State educational agency shall not 

finally disapprove an application submitted under section 

2102(b), 4106, 4204(b) or 8305 except after giving the local 

educational agency notice and opportunity for a hearing. 

‘‘(2) NOTIFICATIONS.—If the State educational agency finds 

that the application submitted under section 2102(b), 4106, 

4204(b) or 8305 is not in compliance, in whole or in part, 

with section 2102(b), 4106, or 4204(b), or part C, respectively, 

the State educational agency shall— 

‘‘(A) immediately notify the local educational agency 

of such determination; 

‘‘(B) provide a detailed description of the specific provisions of the application that the State determines fail to 

meet the requirements, in whole or in part, of such section 

or part, as applicable; 

‘‘(C) offer the local educational agency an opportunity 

to revise and resubmit its application within 45 days of 

such determination, including the chance for the local educational agency to present supporting information to clearly 

demonstrate that the application meets the requirements 

of such section or part; 

‘‘(D) provide technical assistance, upon request of the 

local educational agency, in order to assist the local educational agency to meet the requirements of such section 

or part, as applicable; 
S. 1177—308 

‘‘(E) conduct a hearing within 30 days of the application’s resubmission under subparagraph (C), unless a local 

educational agency declines the opportunity for such a 

hearing; and 

‘‘(F) request additional information, only as to the noncompliant provisions, needed to make the application 

compliant. 

‘‘(3) RESPONSE.—If the local educational agency responds 

to the State educational agency’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the local educational agency received 

the notification, and resubmits the application as described 

in paragraph (2)(C), the State educational agency shall approve 

such application unless the State educational agency determines the application does not meet the requirements of this 

part. 

‘‘(4) FAILURE TO RESPOND.—If the local educational agency 

does not respond to the State educational agency’s notification 

described in paragraph (2)(A) prior to the expiration of the 

45-day period beginning on the date on which the local educational agency received the notification, such application shall 

be deemed to be disapproved.’’. 

SEC. 8015. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND 

TEACHERS. 

Section 8501, as redesignated by section 8001 of this Act, is 

amended— 

(1) in subsection (a)— 

(A) by striking paragraph (3) and inserting the following: 

‘‘(3) SPECIAL RULE.— ‘‘(A) IN GENERAL.—Educational services and other 

benefits provided under this section for private school children, teachers, and other educational personnel shall be 

equitable in comparison to services and other benefits for 

public school children, teachers, and other educational personnel participating in the program and shall be provided 

in a timely manner. 

‘‘(B) OMBUDSMAN.—To help ensure equitable services 

are provided to private school children, teachers, and other 

educational personnel under this section, the State educational agency involved shall direct the ombudsman designated by the agency under section 1117 to monitor and 

enforce the requirements of this section.’’; and 

(B) by striking paragraph (4) and inserting the following: 

‘‘(4) EXPENDITURES.— 

‘‘(A) IN GENERAL.—Expenditures for educational services and other benefits provided under this section for 

eligible private school children, their teachers, and other 

educational personnel serving those children shall be equal, 

taking into account the number and educational needs 

of the children to be served, to the expenditures for participating public school children. 

‘‘(B) OBLIGATION OF FUNDS.—Funds allocated to a local 

educational agency for educational services and other benefits to eligible private school children shall be obligated 
S. 1177—309 

in the fiscal year for which the funds are received by 

the agency. 

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

agency shall provide notice in a timely manner to the 

appropriate private school officials in the State of the 

allocation of funds for educational services and other benefits under this subpart that the local educational agencies 

have determined are available for eligible private school 

children.’’. 

(2) in subsection (b)— 

(A) in paragraph (1), by striking subparagraphs (A) 

through (H) and inserting the following: 

‘‘(A) part C of title I; 

‘‘(B) part A of title II; 

‘‘(C) part A of title III; 

‘‘(D) part A of title IV; and 

‘‘(E) part B of title IV.’’; and 

(B) by striking paragraph (3); and 

(3) in subsection (c)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘To ensure’’ and all that follows through ‘‘such 

as’’ and inserting ‘‘To ensure timely and meaningful consultation, a State educational agency, local educational 

agency, educational service agency, consortium of those 

agencies, or entity shall consult with appropriate private 

school officials. Such agency and private school officials 

shall both have the goal of reaching agreement on how 

to provide equitable and effective programs for eligible 

private school children, on issues such as’’; 

(B) in paragraph (1)— 

(i) in subparagraph (E)— 

(I) by striking ‘‘and the amount’’ and inserting 

‘‘, the amount’’; and 

(II) by striking ‘‘services; and’’ and inserting 

‘‘services, and how that amount is determined;’’; 

(ii) in subparagraph (F)— 

(I) by striking ‘‘contract’’ after ‘‘provision of’’; 

and 

(II) by striking the period at the end and 

inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(G) whether the agency, consortium, or entity shall 

provide services directly or through a separate government 

agency, consortium, or entity, or through a third-party 

contractor; and 

‘‘(H) whether to provide equitable services to eligible 

private school children— 

‘‘(i) by creating a pool or pools of funds with all 

of the funds allocated under subsection (a)(4)(C) based 

on all the children from low-income families in a 

participating school attendance area who attend private schools; or 

‘‘(ii) in the agency’s participating school attendance 

area who attend private schools with the proportion 

of funds allocated under subsection (a)(4)(C) based on 

the number of children from low-income families who 

attend private schools.’’; and 
S. 1177—310 

(4) by adding at the end the following: 

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

maintain in the agency’s records, and provide to the State 

educational agency involved, a written affirmation signed by 

officials of each participating private school that the meaningful 

consultation required by this section has occurred. The written 

affirmation shall provide the option for private school officials 

to indicate such officials’ belief that timely and meaningful 

consultation has not occurred or that the program design is 

not equitable with respect to eligible private school children. 

If such officials do not provide such affirmation within a reasonable period of time, the local educational agency shall forward 

the documentation that such consultation has, or attempts at 

such consultation have, taken place to the State educational 

agency. 

‘‘(6) COMPLIANCE.— ‘‘(A) IN GENERAL.—If the consultation required under 

this section is with a local educational agency or educational service agency, a private school official shall have 

the right to file a complaint with the State educational 

agency that the consultation required under this section 

was not meaningful and timely, did not give due consideration to the views of the private school official, or did 

not make a decision that treats the private school or its 

students equitably as required by this section. 

‘‘(B) PROCEDURE.—If the private school official wishes 

to file a complaint, the private school official shall provide 

the basis of the noncompliance and all parties shall provide 

the appropriate documentation to the appropriate officials. 

‘‘(C) SERVICES.—A State educational agency shall provide services under this section directly or through contracts with public and private agencies, organizations, and 

institutions, if the appropriate private school officials 

have— 

‘‘(i) requested that the State educational agency 

provide such services directly; and 

‘‘(ii) demonstrated that the local educational 

agency involved has not met the requirements of this 

section in accordance with the procedures for making 

such a request, as prescribed by the State educational 

agency.’’. 

SEC. 8016. STANDARDS FOR BY-PASS. 

Section 8502(a)(2), as redesignated and amended by section 

8001 of this Act, is further amended by striking ‘‘9503, and 9504’’ 

and inserting ‘‘8503, and 8504’’. 

SEC. 8017. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE 

SCHOOL CHILDREN. 

Section 8503, as redesignated and amended by section 8001 

of this Act, is further amended by striking subsections (a) and 

(b) and inserting the following: 

‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary shall 

develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other 

individuals and organizations concerning violations of section 8501 

by a State educational agency, local educational agency, educational 
S. 1177—311 

service agency, consortium of those agencies, or entity. The individual or organization shall submit the complaint to the State 

educational agency for a written resolution by the State educational 

agency within 45 days. 

‘‘(b) APPEALS TO SECRETARY.—The resolution may be appealed 

by an interested party to the Secretary not later than 30 days 

after the State educational agency resolves the complaint or fails 

to resolve the complaint within the 45-day time limit. The appeal 

shall be accompanied by a copy of the State educational agency’s 

resolution, and, if there is one, a complete statement of the reasons 

supporting the appeal. The Secretary shall investigate and resolve 

the appeal not later than 90 days after receipt of the appeal.’’. 

SEC. 8018. BY-PASS DETERMINATION PROCESS. 

Section 8504(a)(1)(A), as redesignated by section 8001 of this 

Act, is amended by striking ‘‘9502’’ and inserting ‘‘8502’’. 

SEC. 8019. MAINTENANCE OF EFFORT. 

Section 8521, as redesignated by section 8001 of this Act, is 

amended— 

(1) in subsection (a), by inserting ‘‘, subject to the requirements of subsection (b)’’ after ‘‘for the second preceding fiscal 

year’’; 

(2) in subsection (b)(1), by inserting before the period at 

the end the following: ‘‘, if such local educational agency has 

also failed to meet such requirement (as determined using 

the measure most favorable to the local agency) for 1 or more 

of the 5 immediately preceding fiscal years’’; and 

(3) in subsection (c)(1), by inserting ‘‘or a change in the 

organizational structure of the local educational agency’’ after 

‘‘, such as a natural disaster’’. 

SEC. 8020. PROHIBITION REGARDING STATE AID. 

Section 8522, as redesignated by section 8001 of this Act, is 

amended by striking ‘‘title VIII’’ and inserting ‘‘title VII’’. 

SEC. 8021. SCHOOL PRAYER. 

Section 8524(a), as redesignated by section 8001 of this Act, 

is amended by striking ‘‘on the Internet’’ and inserting ‘‘by electronic 

means, including by posting the guidance on the Department’s 

website in a clear and easily accessible manner’’. 

SEC. 8022. PROHIBITED USES OF FUNDS. 

Section 8526, as redesignated by section 8001 of this Act, is 

amended— 

(1) by striking the section heading and inserting ‘‘PROHIBITED USES OF FUNDS’’; 

(2) in subsection (a)— 

(A) by redesignating paragraphs (1) through (4) as 

paragraphs (3) through (6), respectively; and 

(B) by inserting before paragraph (3) (as redesignated 

by subparagraph (A)) the following: 

‘‘(1) for construction, renovation, or repair of any school 

facility, except as authorized under this Act; 

‘‘(2) for transportation unless otherwise authorized under 

this Act;’’; 
S. 1177—312 

(3) by striking ‘‘(a)PROHIBITION.—None of the funds authorized under this Act shall be used’’ and inserting ‘‘No funds 

under this Act may be used’’; and 

(4) by striking subsection (b). 

SEC. 8023. PROHIBITIONS. 

Title VIII, as redesignated and amended by section 8001 of 

this Act, is further amended by inserting after section 8526 the 

following: 

‘‘SEC. 8526A. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, 

OR CONTROL. 

‘‘(a) IN GENERAL.—No officer or employee of the Federal Government shall, through grants, contracts, or other cooperative agreements, mandate, direct, or control a State, local educational agency, 

or school’s specific instructional content, academic standards and 

assessments, curricula, or program of instruction developed and 

implemented to meet the requirements of this Act (including any 

requirement, direction, or mandate to adopt the Common Core 

State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, 

or curriculum aligned to such standards), nor shall anything in 

this Act be construed to authorize such officer or employee to 

do so. 

‘‘(b) FINANCIAL SUPPORT.—No officer or employee of the Federal 

Government shall condition or incentivize the receipt of any grant, 

contract, or cooperative agreement, the receipt of any priority or 

preference under such grant, contract, or cooperative agreement, 

or the receipt of a waiver under section 8401 upon a State, local 

educational agency, or school’s adoption or implementation of specific instructional content, academic standards and assessments, 

curricula, or program of instruction developed and implemented 

to meet the requirements of this Act (including any condition, 

priority, or preference to adopt the Common Core State Standards 

developed under the Common Core State Standards Initiative, any 

other academic standards common to a significant number of States, 

or any assessment, instructional content, or curriculum aligned 

to such standards).’’. 

SEC. 8024. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 

FEDERAL FUNDS. 

Section 8527, as redesignated by section 8001 of this Act, is 

amended to read as follows: 

‘‘SEC. 8527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 

FEDERAL FUNDS. 

‘‘(a) GENERAL PROHIBITION.—Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government, including through a grant, contract, or cooperative agreement, 

to mandate, direct, or control a State, local educational agency, 

or school’s curriculum, program of instruction, or allocation of State 

or local resources, or mandate a State or any subdivision thereof 

to spend any funds or incur any costs not paid for under this 

Act. 

‘‘(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM.—Notwithstanding any other provision of Federal law, no funds provided 

to the Department under this Act may be used by the Department, 
S. 1177—313 

whether through a grant, contract, or cooperative agreement, to 

endorse, approve, develop, require, or sanction any curriculum, 

including any curriculum aligned to the Common Core State Standards developed under the Common Core State Standards Initiative 

or any other academic standards common to a significant number 

of States, designed to be used in an elementary school or secondary 

school. 

‘‘(c) LOCAL CONTROL.—Nothing in this section shall be construed 

to— 

‘‘(1) authorize an officer or employee of the Federal Government, whether through a grant, contract, or cooperative agreement to mandate, direct, review, or control a State, local educational agency, or school’s instructional content, curriculum, 

and related activities; 

‘‘(2) limit the application of the General Education Provisions Act (20 U.S.C. 1221 et seq.); 

‘‘(3) require the distribution of scientifically or medically 

false or inaccurate materials or to prohibit the distribution 

of scientifically or medically true or accurate materials; or 

‘‘(4) create any legally enforceable right. 

‘‘(d) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFICATION OF STANDARDS.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

Federal law, no State shall be required to have academic standards approved or certified by the Federal Government, in order 

to receive assistance under this Act. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this Act shall 

be construed to prohibit a State, local educational agency, or 

school from using funds provided under this Act for the development or implementation of any instructional content, academic 

standards, academic assessments, curriculum, or program of 

instruction that a State, local educational agency, or school 

chooses, as permitted under State and local law, as long as 

the use of such funds is consistent with the terms of the 

grant, contract, or cooperative agreement providing such funds. 

‘‘(3) BUILDING STANDARDS.—Nothing in this Act shall be 

construed to mandate national school building standards for 

a State, local educational agency, or school.’’. 

SEC. 8025. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND 

STUDENT RECRUITING INFORMATION. 

Section 8528, as redesignated by section 8001 of this Act, is 

amended by striking subsections (a) through (d) and inserting the 

following: 

‘‘(a) POLICY.— 

‘‘(1) ACCESS TO STUDENT RECRUITING INFORMATION.—Notwithstanding section 444(a)(5)(B) of the General Education 

Provisions Act (20 U.S.C. 1232g(a)(5)(B)), each local educational 

agency receiving assistance under this Act shall provide, upon 

a request made by a military recruiter or an institution of 

higher education, access to the name, address, and telephone 

listing of each secondary school student served by the local 

educational agency, unless the parent of such student has submitted the prior consent request under paragraph (2). 

‘‘(2) CONSENT.— 
S. 1177—314 

‘‘(A) OPT-OUT PROCESS.—A parent of a secondary school 

student may submit a written request, to the local educational agency, that the student’s name, address, and 

telephone listing not be released for purposes of paragraph 

(1) without prior written consent of the parent. Upon 

receiving such request, the local educational agency may 

not release the student’s name, address, and telephone 

listing for such purposes without the prior written consent 

of the parent. 

‘‘(B) NOTIFICATION OF OPT-OUT PROCESS.—Each local 

educational agency shall notify the parents of the students 

served by the agency of the option to make a request 

described in subparagraph (A). 

‘‘(3) SAME ACCESS TO STUDENTS.—Each local educational 

agency receiving assistance under this Act shall provide military recruiters the same access to secondary school students 

as is provided to institutions of higher education or to prospective employers of those students. 

‘‘(4) RULE OF CONSTRUCTION PROHIBITING OPT-IN PROC- ESSES.—Nothing in this subsection shall be construed to allow 

a local educational agency to withhold access to a student’s 

name, address, and telephone listing from a military recruiter 

or institution of higher education by implementing an optin process or any other process other than the written consent 

request process under paragraph (2)(A). 

‘‘(5) PARENTAL CONSENT.—For purposes of this subsection, 

whenever a student has attained 18 years of age, the permission 

or consent required of and the rights accorded to the parents 

of the student shall only be required of and accorded to the 

student. 

‘‘(b) NOTIFICATION.—The Secretary, in consultation with the 

Secretary of Defense, shall, not later than 120 days after the date 

of the enactment of the Every Student Succeeds Act, notify school 

leaders, school administrators, and other educators about the 

requirements of this section. 

‘‘(c) EXCEPTION.—The requirements of this section do not apply 

to a private secondary school that maintains a religious objection 

to service in the Armed Forces if the objection is verifiable through 

the corporate or other organizational documents or materials of 

that school.’’. 

SEC. 8026. PROHIBITION ON FEDERALLY SPONSORED TESTING. 

Section 8529, as redesignated by section 8001 of this Act, is 

amended to read as follows: 

‘‘SEC. 8529. PROHIBITION ON FEDERALLY SPONSORED TESTING. 

‘‘(a) GENERAL PROHIBITION.—Notwithstanding any other provision of Federal law and except as provided in subsection (b), no 

funds provided under this Act to the Secretary or to the recipient 

of any award may be used to develop, incentivize, pilot test, field 

test, implement, administer, or distribute any federally sponsored 

national test in reading, mathematics, or any other subject, unless 

specifically and explicitly authorized by law, including any assessment or testing materials aligned to the Common Core State Standards developed under the Common Core State Standards Initiative 

or any other academic standards common to a significant number 

of States. 
S. 1177—315 

‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to international comparative assessments developed under the authority 

of section 153(a)(6) of the Education Sciences Reform Act of 2002 

(20 U.S.C. 9543(a)(6)) and administered to only a representative 

sample of pupils in the United States and in foreign nations.’’. 

SEC. 8027. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION 

FOR TEACHERS, PRINCIPALS, OR OTHER SCHOOL 

LEADERS. 

Section 8530, as redesignated by section 8001 of this Act, is 

amended— 

(1) in the section heading, by inserting ‘‘, PRINCIPALS, OR OTHER SCHOOL LEADERS’’ after ‘‘TEACHERS’’; 

(2) in the subsection heading, by inserting ‘‘, PRINCIPALS, OR OTHER SCHOOL LEADERS’’ after ‘‘TEACHERS’’; and 

(3) in subsection (a)— 

(A) by inserting ‘‘, principals, other school leaders,’’ 

after ‘‘teachers’’; and 

(B) by inserting ‘‘, or incentive regarding,’’ after 

‘‘administration of’’. 

SEC. 8028. PROHIBITION ON REQUIRING STATE PARTICIPATION. 

Title VIII, as redesignated and amended by section 8001 of 

this Act, is further amended by inserting after section 8530 the 

following: 

‘‘SEC. 8530A. PROHIBITION ON REQUIRING STATE PARTICIPATION. 

‘‘Any State that opts out of receiving funds, or that has not 

been awarded funds, under one or more programs under this Act 

shall not be required to carry out any of the requirements of 

such program or programs, and nothing in this Act shall be construed to require a State to participate in any program under 

this Act.’’. 

SEC. 8029. CIVIL RIGHTS. 

Section 8534(b), as redesignated by section 8001 of this Act, 

is amended— 

(1) by striking ‘‘as defined in section 1116 of title I and 

part B of title V’’ and inserting ‘‘as defined in section 1111(d) 

of title I and part C of title IV’’; and 

(2) by striking ‘‘grant under section 1116 of title I or 

part B of title V’’ and inserting ‘‘grant under section 1111(d) 

of title I or part C of title IV’’. 

SEC. 8030. CONSULTATION WITH INDIAN TRIBES AND TRIBAL 

ORGANIZATIONS. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the 

end the following: 

‘‘SEC. 8538. CONSULTATION WITH INDIAN TRIBES AND TRIBAL 

ORGANIZATIONS. 

‘‘(a) IN GENERAL.—To ensure timely and meaningful consultation on issues affecting American Indian and Alaska Native students, an affected local educational agency shall consult with appropriate officials from Indian tribes or tribal organizations approved 

by the tribes located in the area served by the local educational 

agency prior to the affected local educational agency’s submission 

of a required plan or application for a covered program under 
S. 1177—316 

this Act or for a program under title VI of this Act. Such consultation shall be done in a manner and in such time that provides 

the opportunity for such appropriate officials from Indian tribes 

or tribal organizations to meaningfully and substantively contribute 

to such plan. 

‘‘(b) DOCUMENTATION.—Each affected local educational agency 

shall maintain in the agency’s records and provide to the State 

educational agency a written affirmation signed by the appropriate 

officials of the participating tribes or tribal organizations approved 

by the tribes that the consultation required by this section has 

occurred. If such officials do not provide such affirmation within 

a reasonable period of time, the affected local educational agency 

shall forward documentation that such consultation has taken place 

to the State educational agency. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) AFFECTED LOCAL EDUCATIONAL AGENCY.—The term 

‘affected local educational agency’ means a local educational 

agency— 

‘‘(A) with an enrollment of American Indian or Alaska 

Native students that is not less than 50 percent of the 

total enrollment of the local educational agency; or 

‘‘(B) that— 

‘‘(i) for fiscal year 2017, received a grant in the 

previous year under subpart 1 of part A of title VII 

(as such subpart was in effect on the day before the 

date of enactment of the Every Student Succeeds Act) 

that exceeded $40,000; or 

‘‘(ii) for any fiscal year following fiscal year 2017, 

received a grant in the previous fiscal year under subpart 1 of part A of title VI that exceeded $40,000. 

‘‘(2) APPROPRIATE OFFICIALS.—The term ‘appropriate officials’ means— 

‘‘(A) tribal officials who are elected; or 

‘‘(B) appointed tribal leaders or officials designated 

in writing by an Indian tribe for the specific consultation 

purpose under this section. 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed— 

‘‘(1) to require the local educational agency to determine 

who are the appropriate officials; or 

‘‘(2) to make the local educational agency liable for consultation with appropriate officials that the tribe determines not 

to be the correct appropriate officials. 

‘‘(e) LIMITATION.—Consultation required under this section shall 

not interfere with the timely submission of the plans or applications 

required under this Act.’’. 

SEC. 8031. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL 

LOCAL EDUCATIONAL AGENCIES. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the 

end the following: 

‘‘SEC. 8539. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL 

LOCAL EDUCATIONAL AGENCIES. 

‘‘(a) OUTREACH.—The Secretary shall engage in outreach to 

rural local educational agencies regarding opportunities to apply 

for competitive grant programs under this Act. 
S. 1177—317 

‘‘(b) TECHNICAL ASSISTANCE.—If requested to do so, the Secretary shall provide technical assistance to rural local educational 

agencies with locale codes 32, 33, 41, 42, or 43, or an educational 

service agency representing rural local educational agencies with 

locale codes 32, 33, 41, 42, or 43 on applications or pre-applications 

for any competitive grant program under this Act. No rural local 

educational agency or educational service agency shall be required 

to request technical assistance or include any technical assistance 

provided by the Secretary in any application.’’. 

SEC. 8032. CONSULTATION WITH THE GOVERNOR. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the 

end the following: 

‘‘SEC. 8540. CONSULTATION WITH THE GOVERNOR. 

‘‘(a) IN GENERAL.—A State educational agency shall consult 

in a timely and meaningful manner with the Governor, or appropriate officials from the Governor’s office, in the development of 

State plans under titles I and II and section 8302. 

‘‘(b) TIMING.—The consultation described in subsection (a) shall 

include meetings of officials from the State educational agency 

and the Governor’s office and shall occur— 

‘‘(1) during the development of such plan; and 

‘‘(2) prior to submission of the plan to the Secretary. 

‘‘(c) JOINT SIGNATURE AUTHORITY.—A Governor shall have 30 

days prior to the State educational agency submitting the State 

plan under title I or II or section 8302 to the Secretary to sign 

such plan. If the Governor has not signed the plan within 30 

days of delivery by the State educational agency to the Governor, 

the State educational agency shall submit the plan to the Secretary 

without such signature.’’. 

SEC. 8033. LOCAL GOVERNANCE. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the 

end the following: 

‘‘SEC. 8541. LOCAL GOVERNANCE. 

‘‘(a) RULE OF CONSTRUCTION.—Nothing in this Act shall be 

construed to allow the Secretary to— 

‘‘(1) exercise any governance or authority over school 

administration, including the development and expenditure of 

school budgets, unless otherwise authorized under this Act; 

‘‘(2) issue any regulation without first complying with the 

rulemaking requirements of section 553 of title 5, United States 

Code; or 

‘‘(3) issue any nonregulatory guidance without first, to the 

extent feasible, considering input from stakeholders. 

‘‘(b) AUTHORITY UNDER OTHER LAW.—Nothing in subsection 

(a) shall be construed to affect any authority the Secretary has 

under any other Federal law.’’. 

SEC. 8034. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND 

FROM SCHOOL. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the 

end the following: 
S. 1177—318 

‘‘SEC. 8542. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND 

FROM SCHOOL. 

‘‘(a) IN GENERAL.—Subject to subsection (b), nothing in this 

Act shall authorize the Secretary to, or shall be construed to— 

‘‘(1) prohibit a child from traveling to and from school 

on foot or by car, bus, or bike when the parents of the child 

have given permission; or 

‘‘(2) expose parents to civil or criminal charges for allowing 

their child to responsibly and safely travel to and from school 

by a means the parents believe is age appropriate. 

‘‘(b) NO PREEMPTION OF STATE OR LOCAL LAWS.—Notwithstanding subsection (a), nothing in this section shall be construed 

to preempt State or local laws.’’. 

SEC. 8035. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the 

end the following: 

‘‘SEC. 8543. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS. 

‘‘Notwithstanding section 8102, funds used for activities under 

this Act shall be carried out in accordance with the provision 

of section 399z–1(a)(3)(C) of the Public Health Service Act (42 

U.S.C. 280h–5(a)(3)(C)).’’. 

SEC. 8036. STATE CONTROL OVER STANDARDS. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the 

end the following: 

‘‘SEC. 8544. STATE CONTROL OVER STANDARDS. 

‘‘(a) IN GENERAL.—Nothing in this Act shall be construed to 

prohibit a State from withdrawing from the Common Core State 

Standards or from otherwise revising their standards. 

‘‘(b) PROHIBITION.—No officer or employee of the Federal 

Government shall, directly or indirectly, through grants, contracts 

or other cooperative agreements, through waiver granted under 

section 8401 or through any other authority, take any action against 

a State that exercises its rights under subsection (a).’’. 

SEC. 8037. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the 

end the following: 

‘‘SEC. 8545. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY. 

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

‘‘(1) Students’ personally identifiable information is important to protect. 

‘‘(2) Students’ information should not be shared with 

individuals other than school officials in charge of educating 

those students without clear notice to parents. 

‘‘(3) With the use of more technology, and more research 

about student learning, the responsibility to protect students’ 

personally identifiable information is more important than ever. 

‘‘(4) Regulations allowing more access to students’ personal 

information could allow that information to be shared or sold 
S. 1177—319 

by individuals who do not have the best interest of the students 

in mind. 

‘‘(5) The Secretary has the responsibility to ensure every 

entity that receives funding under this Act holds any personally 

identifiable information in strict confidence. 

‘‘(b) SENSE OF CONGRESS.—It is the sense of the Congress 

that the Secretary should review all regulations addressing issues 

of student privacy, including those under this Act, and ensure 

that students’ personally identifiable information is protected.’’. 

SEC. 8038. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the 

end the following: 

‘‘SEC. 8546. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE. 

‘‘(a) IN GENERAL.—A State, State educational agency, or local 

educational agency in the case of a local educational agency that 

receives Federal funds under this Act shall have laws, regulations, 

or policies that prohibit any individual who is a school employee, 

contractor, or agent, or any State educational agency or local educational agency, from assisting a school employee, contractor, or 

agent in obtaining a new job, apart from the routine transmission 

of administrative and personnel files, if the individual or agency 

knows, or has probable cause to believe, that such school employee, 

contractor, or agent engaged in sexual misconduct regarding a 

minor or student in violation of the law. 

‘‘(b) EXCEPTION.—The requirements of subsection (a) shall not 

apply if the information giving rise to probable cause— 

‘‘(1)(A) has been properly reported to a law enforcement 

agency with jurisdiction over the alleged misconduct; and 

‘‘(B) has been properly reported to any other authorities 

as required by Federal, State, or local law, including title 

IX of the Education Amendments of 1972 (20 U.S.C. 1681 

et seq.) and the regulations implementing such title under 

part 106 of title 34, Code of Federal Regulations, or any succeeding regulations; and 

‘‘(2)(A) the matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct 

has investigated the allegations and notified school officials 

that there is insufficient information to establish probable cause 

that the school employee, contractor, or agent engaged in sexual 

misconduct regarding a minor or student in violation of the 

law; 

‘‘(B) the school employee, contractor, or agent has been 

charged with, and acquitted or otherwise exonerated of the 

alleged misconduct; or 

‘‘(C) the case or investigation remains open and there have 

been no charges filed against, or indictment of, the school 

employee, contractor, or agent within 4 years of the date on 

which the information was reported to a law enforcement 

agency. 

‘‘(c) PROHIBITION.—The Secretary shall not have the authority 

to mandate, direct, or control the specific measures adopted by 

a State, State educational agency, or local educational agency under 

this section. 

‘‘(d) CONSTRUCTION.—Nothing in this section shall be construed 

to prevent a State from adopting, or to override a State law, 
S. 1177—320 

regulation, or policy that provides, greater or additional protections 

to prohibit any individual who is a school employee, contractor, 

or agent, or any State educational agency or local educational 

agency, from assisting a school employee who engaged in sexual 

misconduct regarding a minor or student in violation of the law 

in obtaining a new job.’’. 

SEC. 8039. SENSE OF CONGRESS ON RESTORATION OF STATE SOVEREIGNTY OVER PUBLIC EDUCATION. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the 

end the following: 

‘‘SEC. 8547. SENSE OF CONGRESS ON RESTORATION OF STATE SOVEREIGNTY OVER PUBLIC EDUCATION. 

‘‘It is the Sense of Congress that State and local officials should 

be consulted and made aware of the requirements that accompany 

participation in activities authorized under this Act prior to a 

State or local educational agency’s request to participate in such 

activities.’’. 

SEC. 8040. PRIVACY. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the 

end the following: 

‘‘SEC. 8548. PRIVACY. 

‘‘The Secretary shall require an assurance that each grantee 

receiving funds under this Act understands the importance of privacy protections for students and is aware of the responsibilities 

of the grantee under section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the ‘Family Education Rights and Privacy Act of 1974’).’’. 

SEC. 8041. ANALYSIS AND PERIODIC REVIEW; SENSE OF CONGRESS; 

TECHNICAL ASSISTANCE. 

Subpart 2 of part F of title VIII, as amended and redesignated 

by section 8001 of this Act, is further amended by adding at the 

end the following: 

‘‘SEC. 8549. ANALYSIS AND PERIODIC REVIEW OF DEPARTMENTAL 

GUIDANCE. 

‘‘The Secretary shall develop procedures for the approval and 

periodic review of significant guidance documents that include— 

‘‘(1) appropriate approval processes within the Department; 

‘‘(2) appropriate identification of the agency or office issuing 

the documents, the activities to which and the persons to whom 

the documents apply, and the date of issuance; 

‘‘(3) a publicly available list to identify those significant 

guidance documents that were issued, revised, or withdrawn 

within the past year; and 

‘‘(4) an opportunity for the public to request that an agency 

modify or rescind an existing significant guidance document. 

‘‘SEC. 8549A SENSE OF CONGRESS. 

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

‘‘(1) This Act prohibits the Federal Government from mandating, directing, or controlling a State, local educational 
S. 1177—321 

agency, or school’s curriculum, program of instruction, or allocation of State and local resources, and from mandating a State 

or any subdivision thereof to spend any funds or incur any 

costs not paid for under this Act. 

‘‘(2) This Act prohibits the Federal Government from 

funding the development, pilot testing, field testing, 

implementation, administration, or distribution of any federally 

sponsored national test in reading, mathematics, or any other 

subject, unless specifically and explicitly authorized by law. 

‘‘(b) SENSE OF CONGRESS.—It is the sense of the Congress 

that States and local educational agencies retain the rights and 

responsibilities of determining educational curriculum, programs 

of instruction, and assessments for elementary and secondary education. 

‘‘SEC. 8549B. SENSE OF CONGRESS ON EARLY LEARNING AND CHILD 

CARE. 

‘‘It is the Sense of the Congress that a State retains the right 

to make decisions, free from Federal intrusion, concerning its 

system of early learning and child care, and whether or not to 

use funding under this Act to offer early childhood education programs. Such systems should continue to include robust choice for 

parents through a mixed delivery system of services so parents 

can determine the right early learning and child care option for 

their children. States, while protecting the rights of early learning 

and child care providers, retain the right to make decisions that 

shall include the age at which to set compulsory attendance in 

school, the content of a State’s early learning guidelines, and how 

to determine quality in programs. 

‘‘SEC. 8549C. TECHNICAL ASSISTANCE. 

‘‘If requested by a State or local educational agency, a regional 

educational laboratory under part D of the Education Sciences 

Reform Act of 2002 (20 U.S.C. 9561 et seq.) shall provide technical 

assistance to such State or local educational agency in meeting 

the requirements of section 8101(21).’’. 

SEC. 8042. EVALUATIONS. 

Section 8601, as redesignated by section 8001 of this Act, is 

amended to read as follows: 

‘‘SEC. 8601. EVALUATIONS. 

‘‘(a) RESERVATION OF FUNDS.—Except as provided in subsection 

(b) and (e), the Secretary, in consultation with the Director of 

the Institute of Education Sciences, may reserve not more than 

0.5 percent of the amount appropriated for each program authorized 

under this Act to carry out activities under this section. If the 

Secretary elects to make a reservation under this subsection, the 

reserved amounts— 

‘‘(1) shall first be used by the Secretary, acting through 

the Director of the Institute of Education Sciences, to— 

‘‘(A) conduct comprehensive, high-quality evaluations 

of the programs that— 

‘‘(i) are consistent with the evaluation plan under 

subsection (d); and 

‘‘(ii) primarily include impact evaluations that use 

experimental or quasi-experimental designs, where 
S. 1177—322 

practicable and appropriate, and other rigorous methodologies that permit the strongest possible causal 

inferences; 

‘‘(B) conduct studies of the effectiveness of the programs and the administrative impact of the programs on 

schools and local educational agencies; and 

‘‘(C) widely disseminate evaluation findings under this 

section related to programs authorized under this Act— 

‘‘(i) in a timely fashion; 

‘‘(ii) in forms that are understandable, easily accessible, usable, and adaptable for use in the improvement 

of educational practice; 

‘‘(iii) through electronic transfer and other means, 

such as posting, as available, to the websites of State 

educational agencies, local educational agencies, the 

Institute of Education Sciences, or the Department, 

or in another relevant place; and 

‘‘(iv) in a manner that promotes the utilization 

of such findings; and 

‘‘(2) may be used by the Secretary, acting through the 

Director of the Institute of Education Sciences— 

‘‘(A) to evaluate the aggregate short- and long-term 

effects and cost efficiencies across— 

‘‘(i) Federal programs assisted or authorized under 

this Act; and 

‘‘(ii) related Federal early childhood education programs, preschool programs, elementary school programs, and secondary school programs, under any 

other Federal law; 

‘‘(B) to increase the usefulness of the evaluations conducted under this section by improving the quality, timeliness, efficiency, and use of information relating to performance to promote continuous improvement of programs 

assisted or authorized under this Act; and 

‘‘(C) to assist recipients of grants under such programs 

in collecting and analyzing data and other activities related 

to conducting high-quality evaluations under paragraph 

(1). 

‘‘(b) TITLE I.—The Secretary, acting through the Director of 

the Institute of Education Sciences, shall use funds authorized 

under section 1002(e) to carry out evaluation activities under this 

section related to title I, and shall not reserve any other money 

from such title for evaluation. 

‘‘(c) CONSOLIDATION.—Notwithstanding any other provision of 

this section or section 1002(e), the Secretary, in consultation with 

the Director of the Institute of Education Sciences— 

‘‘(1) may consolidate the funds reserved under subsections 

(a) and (b) for purposes of carrying out the activities under 

subsection (a)(1); and 

‘‘(2) shall not be required to evaluate under subsection 

(a)(1) each program authorized under this Act each year. 

‘‘(d) EVALUATION PLAN.—The Director of the Institute of Education Sciences, shall, on a biennial basis, develop, submit to Congress, and make publicly available an evaluation plan, that— 

‘‘(1) describes the specific activities that will be carried 

out under subsection (a) for the 2-year period applicable to 

the plan, and the timelines of such activities; 
S. 1177—323 

‘‘(2) contains the results of the activities carried out under 

subsection (a) for the most recent 2-year period; and 

‘‘(3) describes how programs authorized under this Act 

will be regularly evaluated. 

‘‘(e) EVALUATION ACTIVITIES AUTHORIZED ELSEWHERE.—If, 

under any other provision of this Act, funds are authorized to 

be reserved or used for evaluation activities with respect to a 

program, the Secretary may not reserve additional funds under 

this section for the evaluation of that program.’’. 

TITLE IX—EDUCATION FOR THE 

HOMELESS AND OTHER LAWS 

PART A—HOMELESS CHILDREN AND YOUTHS 

SEC. 9101. STATEMENT OF POLICY. 

Section 721 of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11431) is amended— 

(1) in paragraph (2), by striking ‘‘In any State’’ and all 

that follows through ‘‘will review’’ and inserting ‘‘In any State 

where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as 

a barrier to the identification of, or the enrollment, attendance, 

or success in school of, homeless children and youths, the 

State educational agency and local educational agencies in the 

State will review’’; 

(2) in paragraph (3), by striking ‘‘alone’’; and 

(3) in paragraph (4), by striking ‘‘challenging State student 

academic achievement standards’’ and inserting ‘‘challenging 

State academic standards’’. 

SEC. 9102. GRANTS FOR STATE AND LOCAL ACTIVITIES. 

Section 722 of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11432) is amended— 

(1) by striking subsection (b) and inserting the following: 

‘‘(b) GRANTS FROM ALLOTMENTS.—The Secretary shall make 

the grants to States from the allotments made under subsection 

(c)(1).’’; 

(2) in subsection (d)— 

(A) in paragraph (2)— 

(i) by striking ‘‘To provide’’ and all that follows 

through ‘‘that enable’’ and inserting ‘‘To provide services and activities to improve the identification of 

homeless children and youths (including preschool-aged 

homeless children) and enable’’; and 

(ii) by striking ‘‘or, if’’ and inserting ‘‘including, 

if’’; 

(B) in paragraph (3), by striking ‘‘designate’’ and all 

that follows and inserting ‘‘designate in the State educational agency an Office of the Coordinator for Education 

of Homeless Children and Youths that can sufficiently carry 

out the duties described for the Office in this subtitle 

in accordance with subsection (f).’’; and 

(C) by striking paragraph (5) and inserting the following: 
S. 1177—324 

‘‘(5) To develop and implement professional development 

programs for liaisons designated under subsection (g)(1)(J)(ii) 

and other local educational agency personnel— 

‘‘(A) to improve their identification of homeless children 

and youths; and 

‘‘(B) to heighten the awareness of the liaisons and 

personnel of, and their capacity to respond to, specific 

needs in the education of homeless children and youths.’’; 

(3) in subsection (e)— 

(A) in paragraph (1), by inserting ‘‘a State through 

grants under subsection (a) to’’ after ‘‘each year to’’; 

(B) in paragraph (2), by striking ‘‘funds made available 

for State use under this subtitle’’ and inserting ‘‘the grant 

funds remaining after the State educational agency distributes subgrants under paragraph (1)’’; and 

(C) in paragraph (3)— 

(i) in subparagraph (C)(iv)(II), by striking ‘‘sections 

1111 and 1116’’ and inserting ‘‘section 1111’’; 

(ii) in subparagraph (E)(ii)(II), by striking ‘‘subsection (g)(6)(A)(v)’’ and inserting ‘‘subsection 

(g)(6)(A)(vi)’’; and 

(iii) in subparagraph (F)— 

(I) in clause (i)— 

(aa) by striking ‘‘and’’ at the end of subclause (II); 

(bb) by striking the period at the end of 

subclause (III) and inserting ‘‘; and’’; and 

(cc) by adding at the end the following: 

‘‘(IV) the progress the separate schools are 

making in helping all students meet the challenging State academic standards.’’; and 

(II) in clause (iii), by striking ‘‘Not later than 

2 years after the date of enactment of the 

McKinney-Vento Homeless Education Assistance 

Improvements Act of 2001, the’’ and inserting 

‘‘The’’; 

(4) by striking subsection (f) and inserting the following: 

‘‘(f) FUNCTIONS OF THE OFFICE OF THE COORDINATOR.—The 

Coordinator for Education of Homeless Children and Youths established in each State shall— 

‘‘(1) gather and make publicly available reliable, valid, and 

comprehensive information on— 

‘‘(A) the number of homeless children and youths 

identified in the State, which shall be posted annually 

on the State educational agency’s website; 

‘‘(B) the nature and extent of the problems homeless 

children and youths have in gaining access to public preschool programs and to public elementary schools and secondary schools; 

‘‘(C) the difficulties in identifying the special needs 

and barriers to the participation and achievement of such 

children and youths; 

‘‘(D) any progress made by the State educational agency 

and local educational agencies in the State in addressing 

such problems and difficulties; and 

‘‘(E) the success of the programs under this subtitle 

in identifying homeless children and youths and allowing 
S. 1177—325 

such children and youths to enroll in, attend, and succeed 

in, school; 

‘‘(2) develop and carry out the State plan described in 

subsection (g); 

‘‘(3) collect data for and transmit to the Secretary, at such 

time and in such manner as the Secretary may reasonably 

require, a report containing information necessary to assess 

the educational needs of homeless children and youths within 

the State, including data necessary for the Secretary to fulfill 

the responsibilities under section 724(h); 

‘‘(4) in order to improve the provision of comprehensive 

education and related services to homeless children and youths 

and their families, coordinate activities and collaborate with— 

‘‘(A) educators, including teachers, special education 

personnel, administrators, and child development and preschool program personnel; 

‘‘(B) providers of services to homeless children and 

youths and their families, including public and private 

child welfare and social services agencies, law enforcement 

agencies, juvenile and family courts, agencies providing 

mental health services, domestic violence agencies, child 

care providers, runaway and homeless youth centers, and 

providers of services and programs funded under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); 

‘‘(C) providers of emergency, transitional, and permanent housing to homeless children and youths, and their 

families, including public housing agencies, shelter operators, operators of transitional housing facilities, and providers of transitional living programs for homeless youths; 

‘‘(D) local educational agency liaisons designated under 

subsection (g)(1)(J)(ii) for homeless children and youths; 

and 

‘‘(E) community organizations and groups representing 

homeless children and youths and their families; 

‘‘(5) provide technical assistance to and conduct monitoring 

of local educational agencies in coordination with local educational agency liaisons designated under subsection 

(g)(1)(J)(ii), to ensure that local educational agencies comply 

with the requirements of subsection (e)(3) and paragraphs (3) 

through (7) of subsection (g); 

‘‘(6) provide professional development opportunities for local 

educational agency personnel and the local educational agency 

liaison designated under subsection (g)(1)(J)(ii) to assist such 

personnel and liaison in identifying and meeting the needs 

of homeless children and youths, and provide training on the 

definitions of terms related to homelessness specified in sections 

103, 401, and 725 to the liaison; and 

‘‘(7) respond to inquiries from parents and guardians of 

homeless children and youths, and (in the case of unaccompanied youths) such youths, to ensure that each child or youth 

who is the subject of such an inquiry receives the full protections and services provided by this subtitle.’’; 

(5) by striking subsection (g) and inserting the following: 

‘‘(g) STATE PLAN.— ‘‘(1) IN GENERAL.—For any State desiring to receive a grant 

under this subtitle, the State educational agency shall submit 

to the Secretary a plan to provide for the education of homeless 
S. 1177—326 

children and youths within the State. Such plan shall include 

the following: 

‘‘(A) A description of how such children and youths 

are (or will be) given the opportunity to meet the same 

challenging State academic standards as all students are 

expected to meet. 

‘‘(B) A description of the procedures the State educational agency will use to identify such children and 

youths in the State and to assess their needs. 

‘‘(C) A description of procedures for the prompt resolution of disputes regarding the educational placement of 

homeless children and youths. 

‘‘(D) A description of programs for school personnel 

(including liaisons designated under subparagraph (J)(ii), 

principals and other school leaders, attendance officers, 

teachers, enrollment personnel, and specialized instructional support personnel) to heighten the awareness of 

such school personnel of the specific needs of homeless 

children and youths, including such children and youths 

who are runaway and homeless youths. 

‘‘(E) A description of procedures that ensure that homeless children and youths who meet the relevant eligibility 

criteria are able to participate in Federal, State, or local 

nutrition programs. 

‘‘(F) A description of procedures that ensure that— 

‘‘(i) homeless children have access to public preschool programs, administered by the State educational 

agency or local educational agency, as provided to other 

children in the State; 

‘‘(ii) youths described in section 725(2) and youths 

separated from public schools are identified and 

accorded equal access to appropriate secondary education and support services, including by identifying 

and removing barriers that prevent youths described 

in this clause from receiving appropriate credit for 

full or partial coursework satisfactorily completed 

while attending a prior school, in accordance with 

State, local, and school policies; and 

‘‘(iii) homeless children and youths who meet the 

relevant eligibility criteria do not face barriers to 

accessing academic and extracurricular activities, 

including magnet school, summer school, career and 

technical education, advanced placement, online 

learning, and charter school programs, if such programs are available at the State and local levels. 

‘‘(G) Strategies to address problems identified in the 

report provided to the Secretary under subsection (f)(3). 

‘‘(H) Strategies to address other problems with respect 

to the education of homeless children and youths, including 

problems resulting from enrollment delays that are caused 

by— 

‘‘(i) requirements of immunization and other 

required health records; 

‘‘(ii) residency requirements; 

‘‘(iii) lack of birth certificates, school records, or 

other documentation; 

‘‘(iv) guardianship issues; or 
S. 1177—327 

‘‘(v) uniform or dress code requirements. 

‘‘(I) A demonstration that the State educational agency 

and local educational agencies in the State have developed, 

and shall review and revise, policies to remove barriers 

to the identification of homeless children and youths, and 

the enrollment and retention of homeless children and 

youths in schools in the State, including barriers to enrollment and retention due to outstanding fees or fines, or 

absences. 

‘‘(J) Assurances that the following will be carried out: 

‘‘(i) The State educational agency and local educational agencies in the State will adopt policies and 

practices to ensure that homeless children and youths 

are not stigmatized or segregated on the basis of their 

status as homeless. 

‘‘(ii) The local educational agencies will designate 

an appropriate staff person, able to carry out the duties 

described in paragraph (6)(A), who may also be a 

coordinator for other Federal programs, as a local educational agency liaison for homeless children and 

youths. 

‘‘(iii) The State and the local educational agencies 

in the State will adopt policies and practices to ensure 

that transportation is provided, at the request of the 

parent or guardian (or in the case of an unaccompanied 

youth, the liaison), to and from the school of origin 

(as determined under paragraph (3)), in accordance 

with the following, as applicable: 

‘‘(I) If the child or youth continues to live 

in the area served by the local educational agency 

in which the school of origin is located, the child’s 

or youth’s transportation to and from the school 

of origin shall be provided or arranged by the 

local educational agency in which the school of 

origin is located. 

‘‘(II) If the child’s or youth’s living arrangements in the area served by the local educational 

agency of origin terminate and the child or youth, 

though continuing the child’s or youth’s education 

in the school of origin, begins living in an area 

served by another local educational agency, the 

local educational agency of origin and the local 

educational agency in which the child or youth 

is living shall agree upon a method to apportion 

the responsibility and costs for providing the child 

or youth with transportation to and from the school 

of origin. If the local educational agencies are 

unable to agree upon such method, the responsibility and costs for transportation shall be shared 

equally. 

‘‘(iv) The State and the local educational agencies 

in the State will adopt policies and practices to ensure 

participation by liaisons described in clause (ii) in 

professional development and other technical assistance activities provided pursuant to paragraphs (5) 

and (6) of subsection (f), as determined appropriate 

by the Office of the Coordinator. 
S. 1177—328 

‘‘(K) A description of how youths described in section 

725(2) will receive assistance from counselors to advise 

such youths, and prepare and improve the readiness of 

such youths for college. 

‘‘(2) COMPLIANCE.— ‘‘(A) IN GENERAL.—Each plan adopted under this subsection shall also describe how the State will ensure that 

local educational agencies in the State will comply with 

the requirements of paragraphs (3) through (7). 

‘‘(B) COORDINATION.—Such plan shall indicate what 

technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated 

under paragraph (1)(J)(ii). 

‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.— ‘‘(A) IN GENERAL.—The local educational agency serving 

each child or youth to be assisted under this subtitle shall, 

according to the child’s or youth’s best interest— 

‘‘(i) continue the child’s or youth’s education in 

the school of origin for the duration of homelessness— 

‘‘(I) in any case in which a family becomes 

homeless between academic years or during an 

academic year; and 

‘‘(II) for the remainder of the academic year, 

if the child or youth becomes permanently housed 

during an academic year; or 

‘‘(ii) enroll the child or youth in any public school 

that nonhomeless students who live in the attendance 

area in which the child or youth is actually living 

are eligible to attend. 

‘‘(B) SCHOOL STABILITY.—In determining the best 

interest of the child or youth under subparagraph (A), 

the local educational agency shall— 

‘‘(i) presume that keeping the child or youth in 

the school of origin is in the child’s or youth’s best 

interest, except when doing so is contrary to the 

request of the child’s or youth’s parent or guardian, 

or (in the case of an unaccompanied youth) the youth; 

‘‘(ii) consider student-centered factors related to 

the child’s or youth’s best interest, including factors 

related to the impact of mobility on achievement, education, health, and safety of homeless children and 

youth, giving priority to the request of the child’s or 

youth’s parent or guardian or (in the case of an 

unaccompanied youth) the youth; 

‘‘(iii) if, after conducting the best interest determination based on consideration of the presumption 

in clause (i) and the student-centered factors in clause 

(ii), the local educational agency determines that it 

is not in the child’s or youth’s best interest to attend 

the school of origin or the school requested by the 

parent or guardian, or (in the case of an unaccompanied youth) the youth, provide the child’s or youth’s 

parent or guardian or the unaccompanied youth with 

a written explanation of the reasons for its determination, in a manner and form understandable to such 

parent, guardian, or unaccompanied youth, including 
S. 1177—329 

information regarding the right to appeal under 

subparagraph (E); and 

‘‘(iv) in the case of an unaccompanied youth, ensure 

that the local educational agency liaison designated 

under paragraph (1)(J)(ii) assists in placement or 

enrollment decisions under this subparagraph, gives 

priority to the views of such unaccompanied youth, 

and provides notice to such youth of the right to appeal 

under subparagraph (E). 

‘‘(C) IMMEDIATE ENROLLMENT.— ‘‘(i) IN GENERAL.—The school selected in accordance 

with this paragraph shall immediately enroll the homeless child or youth, even if the child or youth— 

‘‘(I) is unable to produce records normally 

required for enrollment, such as previous academic 

records, records of immunization and other 

required health records, proof of residency, or other 

documentation; or 

‘‘(II) has missed application or enrollment 

deadlines during any period of homelessness. 

‘‘(ii) RELEVANT ACADEMIC RECORDS.—The enrolling 

school shall immediately contact the school last 

attended by the child or youth to obtain relevant academic and other records. 

‘‘(iii) RELEVANT HEALTH RECORDS.—If the child or 

youth needs to obtain immunizations or other required 

health records, the enrolling school shall immediately 

refer the parent or guardian of the child or youth, 

or (in the case of an unaccompanied youth) the youth, 

to the local educational agency liaison designated 

under paragraph (1)(J)(ii), who shall assist in obtaining 

necessary immunizations or screenings, or immunization or other required health records, in accordance 

with subparagraph (D). 

‘‘(D) RECORDS.—Any record ordinarily kept by the 

school, including immunization or other required health 

records, academic records, birth certificates, guardianship 

records, and evaluations for special services or programs, 

regarding each homeless child or youth shall be maintained— 

‘‘(i) so that the records involved are available, in 

a timely fashion, when a child or youth enters a new 

school or school district; and 

‘‘(ii) in a manner consistent with section 444 of 

the General Education Provisions Act (20 U.S.C. 

1232g). 

‘‘(E) ENROLLMENT DISPUTES.—If a dispute arises over 

eligibility, or school selection or enrollment in a school— 

‘‘(i) the child or youth shall be immediately enrolled 

in the school in which enrollment is sought, pending 

final resolution of the dispute, including all available 

appeals; 

‘‘(ii) the parent or guardian of the child or youth 

or (in the case of an unaccompanied youth) the youth 

shall be provided with a written explanation of any 

decisions related to school selection or enrollment made 

by the school, the local educational agency, or the 
S. 1177—330 

State educational agency involved, including the rights 

of the parent, guardian, or unaccompanied youth to 

appeal such decisions; 

‘‘(iii) the parent, guardian, or unaccompanied youth 

shall be referred to the local educational agency liaison 

designated under paragraph (1)(J)(ii), who shall carry 

out the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving 

notice of the dispute; and 

‘‘(iv) in the case of an unaccompanied youth, the 

liaison shall ensure that the youth is immediately 

enrolled in the school in which the youth seeks enrollment pending resolution of such dispute. 

‘‘(F) PLACEMENT CHOICE.—The choice regarding placement shall be made regardless of whether the child or 

youth lives with the homeless parents or has been temporarily placed elsewhere. 

‘‘(G) PRIVACY.—Information about a homeless child’s 

or youth’s living situation shall be treated as a student 

education record, and shall not be deemed to be directory 

information, under section 444 of the General Education 

Provisions Act (20 U.S.C. 1232g). 

‘‘(H) CONTACT INFORMATION.—Nothing in this subtitle 

shall prohibit a local educational agency from requiring 

a parent or guardian of a homeless child or youth to submit 

contact information. 

‘‘(I) SCHOOL OF ORIGIN DEFINED.—In this paragraph: 

‘‘(i) IN GENERAL.—The term ‘school of origin’ means 

the school that a child or youth attended when permanently housed or the school in which the child or 

youth was last enrolled, including a preschool. 

‘‘(ii) RECEIVING SCHOOL.—When the child or youth 

completes the final grade level served by the school 

of origin, as described in clause (i), the term ‘‘school 

of origin’’ shall include the designated receiving school 

at the next grade level for all feeder schools. 

‘‘(4) COMPARABLE SERVICES.—Each homeless child or youth 

to be assisted under this subtitle shall be provided services 

comparable to services offered to other students in the school 

selected under paragraph (3), including the following: 

‘‘(A) Transportation services. 

‘‘(B) Educational services for which the child or youth 

meets the eligibility criteria, such as services provided 

under title I of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6301 et seq.) or similar State or 

local programs, educational programs for children with 

disabilities, and educational programs for English learners. 

‘‘(C) Programs in career and technical education. 

‘‘(D) Programs for gifted and talented students. 

‘‘(E) School nutrition programs. 

‘‘(5) COORDINATION.— ‘‘(A) IN GENERAL.—Each local educational agency 

serving homeless children and youths that receives assistance under this subtitle shall coordinate— 

‘‘(i) the provision of services under this subtitle 

with local social services agencies and other agencies 

or entities providing services to homeless children and 
S. 1177—331 

youths and their families, including services and programs funded under the Runaway and Homeless Youth 

Act (42 U.S.C. 5701 et seq.); and 

‘‘(ii) transportation, transfer of school records, and 

other interdistrict activities, with other local educational agencies. 

‘‘(B) HOUSING ASSISTANCE.—If applicable, each State 

educational agency and local educational agency that 

receives assistance under this subtitle shall coordinate with 

State and local housing agencies responsible for developing 

the comprehensive housing affordability strategy described 

in section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) to minimize educational 

disruption for children and youths who become homeless. 

‘‘(C) COORDINATION PURPOSE.—The coordination 

required under subparagraphs (A) and (B) shall be designed 

to— 

‘‘(i) ensure that all homeless children and youths 

are promptly identified; 

‘‘(ii) ensure that all homeless children and youths 

have access to, and are in reasonable proximity to, 

available education and related support services; and 

‘‘(iii) raise the awareness of school personnel and 

service providers of the effects of short-term stays in 

a shelter and other challenges associated with 

homelessness. 

‘‘(D) HOMELESS CHILDREN AND YOUTHS WITH DISABILITIES.—For children and youths who are to be assisted 

both under this subtitle, and under the Individuals with 

Disabilities Education Act (20 U.S.C. 1400 et seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 

each local educational agency shall coordinate the provision 

of services under this subtitle with the provision of programs for children with disabilities served by that local 

educational agency and other involved local educational 

agencies. 

‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 

‘‘(A) DUTIES.—Each local educational agency liaison 

for homeless children and youths, designated under paragraph (1)(J)(ii), shall ensure that— 

‘‘(i) homeless children and youths are identified 

by school personnel through outreach and coordination 

activities with other entities and agencies; 

‘‘(ii) homeless children and youths are enrolled 

in, and have a full and equal opportunity to succeed 

in, schools of that local educational agency; 

‘‘(iii) homeless families and homeless children and 

youths have access to and receive educational services 

for which such families, children, and youths are 

eligible, including services through Head Start programs (including Early Head Start programs) under 

the Head Start Act (42 U.S.C. 9831 et seq.), early 

intervention services under part C of the Individuals 

with Disabilities Education Act (20 U.S.C. 1431 et 

seq.), and other preschool programs administered by 

the local educational agency; 
S. 1177—332 

‘‘(iv) homeless families and homeless children and 

youths receive referrals to health care services, dental 

services, mental health and substance abuse services, 

housing services, and other appropriate services; 

‘‘(v) the parents or guardians of homeless children 

and youths are informed of the educational and related 

opportunities available to their children and are provided with meaningful opportunities to participate in 

the education of their children; 

‘‘(vi) public notice of the educational rights of 

homeless children and youths is disseminated in locations frequented by parents or guardians of such children and youths, and unaccompanied youths, including 

schools, shelters, public libraries, and soup kitchens, 

in a manner and form understandable to the parents 

and guardians of homeless children and youths, and 

unaccompanied youths; 

‘‘(vii) enrollment disputes are mediated in accordance with paragraph (3)(E); 

‘‘(viii) the parent or guardian of a homeless child 

or youth, and any unaccompanied youth, is fully 

informed of all transportation services, including 

transportation to the school of origin, as described 

in paragraph (1)(J)(iii), and is assisted in accessing 

transportation to the school that is selected under paragraph (3)(A); 

‘‘(ix) school personnel providing services under this 

subtitle receive professional development and other 

support; and 

‘‘(x) unaccompanied youths— 

‘‘(I) are enrolled in school; 

‘‘(II) have opportunities to meet the same challenging State academic standards as the State 

establishes for other children and youth, including 

through implementation of the procedures under 

paragraph (1)(F)(ii); and 

‘‘(III) are informed of their status as independent students under section 480 of the Higher 

Education Act of 1965 (20 U.S.C. 1087vv) and that 

the youths may obtain assistance from the local 

educational agency liaison to receive verification 

of such status for purposes of the Free Application 

for Federal Student Aid described in section 483 

of such Act (20 U.S.C. 1090). 

‘‘(B) NOTICE.—State Coordinators established under 

subsection (d)(3) and local educational agencies shall inform 

school personnel, service providers, advocates working with 

homeless families, parents and guardians of homeless children and youths, and homeless children and youths of 

the duties of the local educational agency liaisons, and 

publish an annually updated list of the liaisons on the 

State educational agency’s website. 

‘‘(C) LOCAL AND STATE COORDINATION.—Local educational agency liaisons for homeless children and youths 

shall, as a part of their duties, coordinate and collaborate 

with State Coordinators and community and school personnel responsible for the provision of education and 
S. 1177—333 

related services to homeless children and youths. Such 

coordination shall include collecting and providing to the 

State Coordinator the reliable, valid, and comprehensive 

data needed to meet the requirements of paragraphs (1) 

and (3) of subsection (f). 

‘‘(D) HOMELESS STATUS.—A local educational agency 

liaison designated under paragraph (1)(J)(ii) who receives 

training described in subsection (f)(6) may affirm, without 

further agency action by the Department of Housing and 

Urban Development, that a child or youth who is eligible 

for and participating in a program provided by the local 

educational agency, or the immediate family of such a 

child or youth, who meets the eligibility requirements of 

this Act for a program or service authorized under title 

IV, is eligible for such program or service. 

‘‘(7) REVIEW AND REVISIONS.— 

‘‘(A) IN GENERAL.—Each State educational agency and 

local educational agency that receives assistance under this 

subtitle shall review and revise any policies that may act 

as barriers to the identification of homeless children and 

youths or the enrollment of homeless children and youths 

in schools that are selected under paragraph (3). 

‘‘(B) CONSIDERATION.—In reviewing and revising such 

policies, consideration shall be given to issues concerning 

transportation, immunization, residency, birth certificates, 

school records and other documentation, and guardianship. 

‘‘(C) SPECIAL ATTENTION.—Special attention shall be 

given to ensuring the identification, enrollment, and attendance of homeless children and youths who are not currently 

attending school.’’; and 

(6) by striking subsection (h). 

SEC. 9103. LOCAL EDUCATIONAL AGENCY SUBGRANTS. 

Section 723 of such Act (42 U.S.C. 11433) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘facilitating the enrollment,’’ and inserting ‘‘facilitating the identification, enrollment,’’; 

(B) in paragraph (2)(B), in the matter preceding clause 

(i), by inserting ‘‘the related’’ before ‘‘schools’’; and 

(C) by adding at the end the following: 

‘‘(4) DURATION OF GRANTS.—Subgrants made under this 

section shall be for terms of not to exceed 3 years.’’; 

(2) in subsection (b), by adding at the end the following: 

‘‘(6) An assurance that the local educational agency will 

collect and promptly provide data requested by the State 

Coordinator pursuant to paragraphs (1) and (3) of section 722(f). 

‘‘(7) An assurance that the local educational agency will 

meet the requirements of section 722(g)(3).’’; 

(3) in subsection (c)— 

(A) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘preschool, elementary, and secondary schools’’ 

and inserting ‘‘early childhood education and other preschool programs, elementary schools, and secondary 

schools,’’; 
S. 1177—334 

(ii) in subparagraph (A), by inserting ‘‘identification,’’ before ‘‘enrollment,’’; 

(iii) in subparagraph (B), by striking ‘‘application— 

’’ and all that follows and inserting ‘‘application reflects 

coordination with other local and State agencies that 

serve homeless children and youths.’’; and 

(iv) in subparagraph (C), by inserting ‘‘(as of the 

date of submission of the application)’’ after ‘‘practice’’; 

(B) in paragraph (3)— 

(i) in subparagraph (C), by inserting ‘‘extent to 

which the applicant will promote meaningful’’ after 

‘‘The’’; 

(ii) in subparagraph (D), by striking ‘‘within’’ and 

inserting ‘‘into’’; 

(iii) by redesignating subparagraph (G) as subparagraph (I); 

(iv) by inserting after subparagraph (F) the following: 

‘‘(G) The extent to which the local educational agency 

will use the subgrant to leverage resources, including by 

maximizing nonsubgrant funding for the position of the 

liaison described in section 722(g)(1)(J)(ii) and the provision 

of transportation. 

‘‘(H) How the local educational agency will use funds 

to serve homeless children and youths under section 

1113(c)(3) of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6313(c)(3)).’’; and 

(v) in subparagraph (I), as redesignated by clause 

(iii), by striking ‘‘Such’’ and inserting ‘‘The extent to 

which the applicant’s program meets such’’; and 

(C) by striking paragraph (4); and 

(4) in subsection (d)— 

(A) in paragraph (1), by striking ‘‘the same challenging 

State academic content standards and challenging State 

student academic achievement standards’’ and inserting 

‘‘the same challenging State academic standards as’’; 

(B) in paragraph (2)— 

(i) by striking ‘‘students with limited English proficiency’’ and inserting ‘‘English learners’’; and 

(ii) by striking ‘‘vocational’’ and inserting ‘‘career’’; 

(C) in paragraph (3), by striking ‘‘pupil services’’ and 

inserting ‘‘specialized instructional support’’; 

(D) in paragraph (7), by striking ‘‘and unaccompanied 

youths,’’ and inserting ‘‘particularly homeless children and 

youths who are not enrolled in school,’’; 

(E) in paragraph (9) by striking ‘‘medical’’ and inserting 

‘‘other required health’’; 

(F) in paragraph (10)— 

(i) by striking ‘‘parents’’ and inserting ‘‘parents 

and guardians’’; and 

(ii) by inserting before the period at the end ‘‘, 

and other activities designed to increase the meaningful involvement of parents and guardians of homeless 

children or youths in the education of such children 

or youths’’; 

(G) in paragraph (12), by striking ‘‘pupil services’’ and 

inserting ‘‘specialized instructional support services’’; 
S. 1177—335 

(H) in paragraph (13), by inserting before the period 

at the end ‘‘and parental mental health or substance abuse 

problems’’; and 

(I) in paragraph (16), by inserting before the period 

at the end ‘‘and participate fully in school activities’’. 

SEC. 9104. SECRETARIAL RESPONSIBILITIES. 

Section 724 of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11434) is amended— 

(1) by striking subsection (c) and inserting the following: 

‘‘(c) NOTICE.— ‘‘(1) IN GENERAL.—The Secretary shall, before the next 

school year that begins after the date of enactment of the 

Every Student Succeeds Act, update and disseminate nationwide the public notice described in this subsection (as in effect 

prior to such date) of the educational rights of homeless children 

and youths. 

‘‘(2) DISSEMINATION.—The Secretary shall disseminate the 

notice nationwide to all Federal agencies, and grant recipients, 

serving homeless families or homeless children and youths.’’; 

(2) by striking subsection (d) and inserting the following: 

‘‘(d) EVALUATION, DISSEMINATION, AND TECHNICAL ASSIST- ANCE.—The Secretary shall conduct evaluation, dissemination, and 

technical assistance activities for programs designed to meet the 

educational needs of homeless elementary and secondary school 

students, and may use funds appropriated under section 726 to 

conduct such activities.’’; 

(3) in subsection (e)— 

(A) by striking ‘‘60-day’’ and inserting ‘‘120-day’’; and 

(B) by striking ‘‘120-day’’ and inserting ‘‘180-day’’; 

(4) in subsection (f), by adding at the end the following: 

‘‘The Secretary shall provide support and technical assistance 

to State educational agencies, concerning areas in which documented barriers to a free appropriate public education persist.’’; 

(5) by striking subsection (g) and inserting the following: 

‘‘(g) GUIDELINES.—The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after the 

date of enactment of the Every Student Succeeds Act, guidelines 

concerning ways in which a State— 

‘‘(1) may assist local educational agencies to implement 

the provisions related to homeless children and youths amended 

by that Act; and 

‘‘(2) may review and revise State policies and procedures 

that may present barriers to the identification of homeless 

children and youths, and the enrollment, attendance, and success of homeless children and youths in school.’’; 

(6) in subsection (h)(1)(A)— 

(A) by striking ‘‘location’’ and inserting ‘‘primary nighttime residence’’; and 

(B) by inserting ‘‘in all areas served by local educational 

agencies’’ before the semicolon at the end; and 

(7) in subsection (i), by striking ‘‘McKinney-Vento Homeless 

Education Assistance Improvements Act of 2001’’ and inserting 

‘‘Every Student Succeeds Act’’. 

SEC. 9105. DEFINITIONS. 

(a) AMENDMENTS.—Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a) is amended— 
S. 1177—336 

(1) in paragraph (2)(B)(i)— 

(A) by inserting ‘‘or’’ before ‘‘are abandoned’’; and 

(B) by striking ‘‘or are awaiting foster care placement;’’; 

(2) in paragraph (3), by striking ‘‘9101’’ and inserting 

‘‘8101’’; and 

(3) in paragraph (6), by striking ‘‘youth not’’ and inserting 

‘‘homeless child or youth not’’. 

(b) EFFECTIVE DATE.— (1) IN GENERAL.—In the case of a State that is not a 

covered State, the amendment made by subsection (a)(1) shall 

take effect on the date that is 1 year after the date of enactment 

of this Act. 

(2) COVERED STATE.—In the case of a covered State, the 

amendment made by subsection (a)(1) shall take effect on the 

date that is 2 years after the date of enactment of this Act. 

(c) COVERED STATE.—For purposes of this section the term 

‘‘covered State’’ means a State that has a statutory law that defines 

or describes the phrase ‘‘awaiting foster care placement’’, for purposes of a program under subtitle B of title VII of the McKinneyVento Homeless Assistance Act (42 U.S.C. 11431 et seq.). 

SEC. 9106. AUTHORIZATION OF APPROPRIATIONS. 

Section 726 of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11435) is amended to read as follows: 

‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this subtitle $85,000,000 for each of fiscal years 2017 through 2020.’’. 

SEC. 9107. EFFECTIVE DATE. 

Except as provided in section 9105(b) or as otherwise provided 

in this Act, this title and the amendments made by this title 

take effect on October 1, 2016. 

PART B—MISCELLANEOUS; OTHER LAWS 

SEC. 9201. FINDINGS AND SENSE OF CONGRESS ON SEXUAL MISCONDUCT. 

(a) FINDINGS.—Congress finds the following: 

(1) There are significant anecdotal reports that some 

schools and local educational agencies have failed to properly 

report allegations of sexual misconduct by employees, contractors, or agents. 

(2) Instead of reporting alleged sexual misconduct to the 

appropriate authorities, such as the police or child welfare 

services, reports suggest that some schools or local educational 

agencies have kept information on allegations of sexual misconduct private or have entered into confidentiality agreements 

with the suspected employee, contractor, or agent who agrees 

to terminate employment with or discontinue work for the 

school or local educational agency. 

(3) The practice of withholding information on allegations 

of sexual misconduct can facilitate the exposure of other students in other jurisdictions to sexual misconduct. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) confidentiality agreements between local educational 

agencies or schools and child predators should be prohibited; 
S. 1177—337 

(2) local educational agencies or schools should not facilitate 

the transfer of child predators to other local educational agencies or schools; and 

(3) States should require local educational agencies and 

schools to report any and all information regarding allegations 

of sexual misconduct to law enforcement and other appropriate 

authorities. 

SEC. 9202. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS. 

It is the sense of Congress that a student, teacher, school 

administrator, or other school employee of an elementary school 

or secondary school retains the individual’s rights under the First 

Amendment to the Constitution of the United States during the 

school day or while on the grounds of an elementary school or 

secondary school. 

SEC. 9203. PREVENTING IMPROPER USE OF TAXPAYER FUNDS. 

To address the misuse of taxpayer funds, the Secretary of 

Education shall— 

(1) require that each recipient of a grant or subgrant under 

the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6301 et seq.) display, in a public place, the hotline contact 

information of the Office of Inspector General of the Department 

of Education so that any individual who observes, detects, 

or suspects improper use of taxpayer funds can easily report 

such improper use; 

(2) annually notify employees of the Department of Education of their responsibility to report fraud; and 

(3) require any applicant— 

(A) for a grant under such Act to provide an assurance 

to the Secretary that any information submitted when 

applying for such grant and responding to monitoring and 

compliance reviews is truthful and accurate; and 

(B) for a subgrant under such Act to provide the assurance described in subparagraph (A) to the entity awarding 

the subgrant. 

SEC. 9204. ACCOUNTABILITY TO TAXPAYERS THROUGH MONITORING 

AND OVERSIGHT. 

To improve monitoring and oversight of taxpayer funds authorized for appropriation under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), and to deter and 

prohibit waste, fraud, and abuse with respect to such funds, the 

Secretary of Education shall— 

(1) notify each recipient of a grant under such Act (and, 

if applicable, require the grantee to inform each subgrantee) 

of its responsibility to— 

(A) comply with all monitoring requirements under 

the applicable program or programs; and 

(B) monitor properly any subgrantee under the 

applicable program or programs; 

(2) review and analyze the results of monitoring and compliance reviews— 

(A) to understand trends and identify common issues; 

and 

(B) to issue guidance to help grantees address such 

issues before the loss or misuse of taxpayer funding occurs; 
S. 1177—338 

(3) publicly report the work undertaken by the Secretary 

to prevent fraud, waste, and abuse with respect to such taxpayer funds; and 

(4) work with the Office of Inspector General of the Department of Education, as needed, to help ensure that employees 

of the Department understand how to adequately monitor 

grantees and to help grantees adequately monitor any subgrantees. 

SEC. 9205. REPORT ON DEPARTMENT ACTIONS TO ADDRESS OFFICE 

OF INSPECTOR GENERAL REPORTS. 

(a) IN GENERAL.—Not later than 6 months after the date of 

enactment of this Act, the Secretary of Education shall prepare 

and submit to the Committee on Health, Education, Labor, and 

Pensions of the Senate, the Committee on Education and the 

Workforce of the House of Representatives, and the public through 

the website of the Department of Education, a report containing 

an update on the Department’s implementation of recommendations 

contained in reports from the Office of Inspector General of the 

Department of Education. 

(b) CONTENTS.—The report under subsection (a) shall include— 

(1) a general review of the work of the Department of 

Education to implement or address findings contained in reports 

from the Office of Inspector General of the Department of 

Education to improve monitoring and oversight of Federal programs, including— 

(A) the March 9, 2010, final management information 

report of the Office of Inspector General of the Department 

of Education addressing oversight by local educational 

agencies and authorized public chartering agencies; and 

(B) the September 2012 report of the Office of Inspector 

General of the Department of Education entitled ‘‘The 

Office of Innovation and Improvement’s Oversight and 

Monitoring of the Charter Schools Program’s Planning and 

Implementation Grants Final Audit Report’’; and 

(2) a description of the actions the Department of Education 

has taken to address the concerns described in reports of the 

Office of Inspector General of the Department of Education, 

including the reports described in paragraph (1). 

SEC. 9206. POSTHUMOUS PARDON. 

(a) FINDINGS.—Congress finds the following: 

(1) John Arthur ‘‘Jack’’ Johnson was a flamboyant, defiant, 

and controversial figure in the history of the United States 

who challenged racial biases. 

(2) Jack Johnson was born in Galveston, Texas, in 1878 

to parents who were former slaves. 

(3) Jack Johnson became a professional boxer and traveled 

throughout the United States, fighting White and AfricanAmerican heavyweights. 

(4) After being denied (on purely racial grounds) the opportunity to fight 2 White champions, in 1908, Jack Johnson 

was granted an opportunity by an Australian promoter to fight 

the reigning White title-holder, Tommy Burns. 

(5) Jack Johnson defeated Tommy Burns to become the 

first African-American to hold the title of Heavyweight Champion of the World. 
S. 1177—339 

(6) The victory by Jack Johnson over Tommy Burns 

prompted a search for a White boxer who could beat Jack 

Johnson, a recruitment effort that was dubbed the search for 

the ‘‘great white hope’’. 

(7) In 1910, a White former champion named Jim Jeffries 

left retirement to fight Jack Johnson in Reno, Nevada. 

(8) Jim Jeffries lost to Jack Johnson in what was deemed 

the ‘‘Battle of the Century’’. 

(9) The defeat of Jim Jeffries by Jack Johnson led to 

rioting, aggression against African-Americans, and the raciallymotivated murder of African-Americans throughout the United 

States. 

(10) The relationships of Jack Johnson with White women 

compounded the resentment felt toward him by many Whites. 

(11) Between 1901 and 1910, 754 African-Americans were 

lynched, some simply for being ‘‘too familiar’’ with White 

women. 

(12) In 1910, Congress passed the Act of June 25, 1910 

(commonly known as the ‘‘White Slave Traffic Act’’ or the 

‘‘Mann Act’’) (18 U.S.C. 2421 et seq.), which outlawed the 

transportation of women in interstate or foreign commerce ‘‘for 

the purpose of prostitution or debauchery, or for any other 

immoral purpose’’. 

(13) In October 1912, Jack Johnson became involved with 

a White woman whose mother disapproved of their relationship 

and sought action from the Department of Justice, claiming 

that Jack Johnson had abducted her daughter. 

(14) Jack Johnson was arrested by Federal marshals on 

October 18, 1912, for transporting the woman across State 

lines for an ‘‘immoral purpose’’ in violation of the Mann Act. 

(15) The Mann Act charges against Jack Johnson were 

dropped when the woman refused to cooperate with Federal 

authorities, and then married Jack Johnson. 

(16) Federal authorities persisted and summoned a White 

woman named Belle Schreiber, who testified that Jack Johnson 

had transported her across State lines for the purpose of ‘‘prostitution and debauchery’’. 

(17) In 1913, Jack Johnson was convicted of violating the 

Mann Act and sentenced to 1 year and 1 day in Federal prison. 

(18) Jack Johnson fled the United States to Canada and 

various European and South American countries. 

(19) Jack Johnson lost the Heavyweight Championship title 

to Jess Willard in Cuba in 1915. 

(20) Jack Johnson returned to the United States in July 

1920, surrendered to authorities, and served nearly a year 

in the Federal penitentiary in Leavenworth, Kansas. 

(21) Jack Johnson subsequently fought in boxing matches, 

but never regained the Heavyweight Championship title. 

(22) Jack Johnson served the United States during World 

War II by encouraging citizens to buy war bonds and participating in exhibition boxing matches to promote the war bond 

cause. 

(23) Jack Johnson died in an automobile accident in 1946. 

(24) In 1954, Jack Johnson was inducted into the Boxing 

Hall of Fame. 

(25) Senate Concurrent Resolution 29, 111th Congress, 

agreed to July 29, 2009, expressed the sense of the 111th 
S. 1177—340 

Congress that Jack Johnson should receive a posthumous 

pardon for his racially-motivated 1913 conviction. 

(b) RECOMMENDATIONS.—It remains the sense of Congress that 

Jack Johnson should receive a posthumous pardon— 

(1) to expunge a racially-motivated abuse of the prosecutorial authority of the Federal Government from the annals 

of criminal justice in the United States; and 

(2) in recognition of the athletic and cultural contributions 

of Jack Johnson to society. 

SEC. 9207. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999 

REAUTHORIZATION. 

(a) DEFINITIONS.—Section 3(1) of the Education Flexibility Partnership Act of 1999 (20 U.S.C. 5891a(1)) is amended— 

(1) in the paragraph heading, by striking ‘‘LOCAL’’ and 

inserting ‘‘EDUCATIONAL SERVICE AGENCY; LOCAL’’; 

(2) by striking ‘‘The terms’’ and inserting ‘‘The terms ‘educational service agency’,’’; and 

(3) by striking ‘‘section 9101’’ and inserting ‘‘section 8101’’. 

(b) GENERAL PROVISIONS.—Section 4 of the Education Flexibility Partnership Act of 1999 (20 U.S.C. 5891b) is amended to 

read as follows: 

‘‘SEC. 4. EDUCATIONAL FLEXIBILITY PROGRAM. 

‘‘(a) EDUCATIONAL FLEXIBILITY PROGRAM.— ‘‘(1) PROGRAM AUTHORIZED.— ‘‘(A) IN GENERAL.—The Secretary may carry out an 

educational flexibility program under which the Secretary 

authorizes a State educational agency that serves an 

eligible State to waive statutory or regulatory requirements 

applicable to one or more programs described in subsection 

(b), other than requirements described in subsection (c), 

for any local educational agency, educational service 

agency, or school within the State. 

‘‘(B) DESIGNATION.—Each eligible State participating 

in the program described in subparagraph (A) shall be 

known as an ‘Ed-Flex Partnership State’. 

‘‘(2) ELIGIBLE STATE.—For the purpose of this section, the 

term ‘eligible State’ means a State that— 

‘‘(A) has— 

‘‘(i) developed and implemented the challenging 

State academic standards, and aligned assessments, 

described in paragraphs (1) and (2) of section 1111(b) 

of the Elementary and Secondary Education Act of 

1965, and is producing the report cards required by 

section 1111(h) of such Act; or 

‘‘(ii) if the State has adopted new challenging State 

academic standards under section 1111(b)(1) of the 

Elementary and Secondary Education Act of 1965, as 

a result of the amendments made to such Act by the 

Every Student Succeeds Act, made substantial progress 

(as determined by the Secretary) toward developing 

and implementing such standards and toward producing the report cards required under section 1111(h) 

of such Act; 

‘‘(B) will hold local educational agencies, educational 

service agencies, and schools accountable for meeting the 
S. 1177—341 

educational goals described in the local applications submitted under paragraph (4) and for engaging in technical 

assistance and, as applicable and appropriate, implementing comprehensive support and improvement activities 

and targeted support and improvement activities under 

section 1111(d) of the Elementary and Secondary Education 

Act of 1965; and 

‘‘(C) waives State statutory or regulatory requirements 

relating to education while holding local educational agencies, educational service agencies, or schools within the 

State that are affected by such waivers accountable for 

the performance of the students who are affected by such 

waivers. 

‘‘(3) STATE APPLICATION.— 

‘‘(A) IN GENERAL.—Each State educational agency 

desiring to participate in the educational flexibility program 

under this section shall submit an application to the Secretary at such time, in such manner, and containing such 

information as the Secretary may reasonably require. Each 

such application shall demonstrate that the eligible State 

has adopted an educational flexibility plan for the State 

that includes— 

‘‘(i) a description of the process the State educational agency will use to evaluate applications from 

local educational agencies, educational service agencies, or schools requesting waivers of— 

‘‘(I) Federal statutory or regulatory requirements as described in paragraph (1)(A); and 

‘‘(II) State statutory or regulatory requirements relating to education; 

‘‘(ii) a detailed description of the State statutory 

and regulatory requirements relating to education that 

the State educational agency will waive; 

‘‘(iii) a description of clear educational objectives 

the State intends to meet under the educational flexibility plan, which may include innovative methods to 

leverage resources to improve program efficiencies that 

benefit students; 

‘‘(iv) a description of how the educational flexibility 

plan is coordinated with activities described in subsections (b), (c), and (d) of section 1111 of the 

Elementary and Secondary Education Act of 1965; 

‘‘(v) a description of how the State educational 

agency will evaluate (consistent with the requirements 

of title I of the Elementary and Secondary Education 

Act of 1965) the performance of students in the schools, 

educational service agencies, and local educational 

agencies affected by the waivers; and 

‘‘(vi) a description of how the State educational 

agency will meet the requirements of paragraph (7). 

‘‘(B) APPROVAL AND CONSIDERATIONS.— 

‘‘(i) IN GENERAL.—By not later than 90 days after 

the date on which a State has submitted an application 

described in subparagraph (A), the Secretary shall 

issue a written decision that explains why such application has been approved or disapproved, and the process 
S. 1177—342 

for revising and resubmitting the application for 

reconsideration. 

‘‘(ii) APPROVAL.—The Secretary may approve an 

application described in subparagraph (A) only if the 

Secretary determines that such application demonstrates substantial promise of assisting the State 

educational agency and affected local educational agencies, educational service agencies, and schools within 

the State in carrying out comprehensive educational 

reform, after considering— 

‘‘(I) the eligibility of the State as described 

in paragraph (2); 

‘‘(II) the comprehensiveness and quality of the 

educational flexibility plan described in subparagraph (A); 

‘‘(III) the ability of the educational flexibility 

plan to ensure accountability for the activities and 

goals described in such plan; 

‘‘(IV) the degree to which the State’s objectives 

described in subparagraph (A)(iii)— 

‘‘(aa) are clear and have the ability to 

be assessed; and 

‘‘(bb) take into account the performance 

of local educational agencies, educational 

service agencies, or schools, and students, 

particularly those affected by waivers; 

‘‘(V) the significance of the State statutory or 

regulatory requirements relating to education that 

will be waived; and 

‘‘(VI) the quality of the State educational 

agency’s process for approving applications for 

waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) and for 

monitoring and evaluating the results of such 

waivers. 

‘‘(4) LOCAL APPLICATION.— 

‘‘(A) IN GENERAL.—Each local educational agency, educational service agency, or school requesting a waiver of 

a Federal statutory or regulatory requirement as described 

in paragraph (1)(A) and any relevant State statutory or 

regulatory requirement from a State educational agency 

shall submit an application to the State educational agency 

at such time, in such manner, and containing such information as the State educational agency may reasonably 

require. Each such application shall— 

‘‘(i) indicate each Federal program affected and 

each statutory or regulatory requirement that will be 

waived; 

‘‘(ii) describe the purposes and overall expected 

results of waiving each such requirement, which may 

include innovative methods to leverage resources to 

improve program efficiencies that benefit students; 

‘‘(iii) describe, for each school year, specific, measurable, educational goals for each local educational 

agency, educational service agency, or school affected 

by the proposed waiver, and for the students served 
S. 1177—343 

by the local educational agency, educational service 

agency, or school who are affected by the waiver; 

‘‘(iv) explain why the waiver will assist the local 

educational agency, educational service agency, or 

school in reaching such goals; and 

‘‘(v) in the case of an application from a local 

educational agency or educational service agency, 

describe how the agency will meet the requirements 

of paragraph (7). 

‘‘(B) EVALUATION OF APPLICATIONS.—A State educational agency shall evaluate an application submitted 

under subparagraph (A) in accordance with the State’s 

educational flexibility plan described in paragraph (3)(A). 

‘‘(C) APPROVAL.—A State educational agency shall not 

approve an application for a waiver under this paragraph 

unless— 

‘‘(i) the local educational agency, educational 

service agency, or school requesting such waiver has 

developed a local reform plan that— 

‘‘(I) is applicable to such agency or school, 

respectively; and 

‘‘(II) may include innovative methods to leverage resources to improve program efficiencies that 

benefit students; 

‘‘(ii) the waiver of Federal statutory or regulatory 

requirements as described in paragraph (1)(A) will 

assist the local educational agency, educational service 

agency, or school in reaching its educational goals, 

particularly goals with respect to school and student 

performance; and 

‘‘(iii) the State educational agency is satisfied that 

the underlying purposes of the statutory requirements 

of each program for which a waiver is granted will 

continue to be met. 

‘‘(D) TERMINATION.—The State educational agency 

shall annually review the performance of any local educational agency, educational service agency, or school 

granted a waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) in accordance with 

the evaluation requirement described in paragraph 

(3)(A)(v), and shall terminate or temporarily suspend any 

waiver granted to the local educational agency, educational 

service agency, or school if the State educational agency 

determines, after notice and an opportunity for a hearing, 

that— 

‘‘(i) there is compelling evidence of systematic 

waste, fraud, or abuse; 

‘‘(ii) the performance of the local educational 

agency, educational service agency, or school with 

respect to meeting the accountability requirement 

described in paragraph (2)(C) and the goals described 

in subparagraph (A)(iii) has been inadequate to justify 

continuation of such waiver; 

‘‘(iii) student achievement in the local educational 

agency, educational service agency, or school has 

decreased; or 
S. 1177—344 

‘‘(iv) substantial progress has not been made 

toward meeting the long-term goals and measurements 

of interim progress established by the State under 

section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965. 

‘‘(5) OVERSIGHT AND REPORTING.— ‘‘(A) OVERSIGHT.—Each State educational agency 

participating in the educational flexibility program under 

this section shall annually monitor the activities of local 

educational agencies, educational service agencies, and 

schools receiving waivers under this section. 

‘‘(B) STATE REPORTS.— ‘‘(i) ANNUAL REPORTS.—The State educational 

agency shall submit to the Secretary an annual report 

on the results of such oversight and the impact of 

the waivers on school and student performance. 

‘‘(ii) PERFORMANCE DATA.—Not later than 2 years 

after the date a State is designated an Ed-Flex Partnership State, each such State shall include, as part of 

the State’s annual report submitted under clause (i), 

data demonstrating the degree to which progress has 

been made toward meeting the State’s educational 

objectives. The data, when applicable, shall include— 

‘‘(I) information on the total number of waivers 

granted for Federal and State statutory and regulatory requirements under this section, including 

the number of waivers granted for each type of 

waiver; 

‘‘(II) information describing the effect of the 

waivers on the implementation of State and local 

educational reforms pertaining to school and student performance; 

‘‘(III) information describing the relationship 

of the waivers to the performance of schools and 

students affected by the waivers; and 

‘‘(IV) an assurance from State program managers that the data reported under this section 

are reliable, complete, and accurate, as defined 

by the State, or a description of a plan for 

improving the reliability, completeness, and 

accuracy of such data as defined by the State. 

‘‘(C) SECRETARY’S REPORTS.—The Secretary shall 

annually— 

‘‘(i) make each State report submitted under 

subparagraph (B) available to Congress and the public; 

and 

‘‘(ii) submit to Congress a report that summarizes 

the State reports and describes the effects that the 

educational flexibility program under this section had 

on the implementation of State and local educational 

reforms and on the performance of students affected 

by the waivers. 

‘‘(6) DURATION OF FEDERAL WAIVERS.— ‘‘(A) IN GENERAL.— ‘‘(i) DURATION.—The Secretary shall approve the 

application of a State educational agency under paragraph (3) for a period of not more than 5 years. 
S. 1177—345 

‘‘(ii) AUTOMATIC EXTENSION DURING REVIEW.—The 

Secretary shall automatically extend the authority of 

a State to continue as an Ed-Flex Partnership State 

until the Secretary has— 

‘‘(I) completed the performance review of the 

State educational agency’s educational flexibility 

plan as described in subparagraph (B); and 

‘‘(II) issued a final decision on any pending 

request for renewal that was submitted by the 

State educational agency. 

‘‘(iii) EXTENSION OF APPROVAL.—The Secretary may 

extend the authority of a State to continue as an 

Ed-Flex Partnership State if the Secretary determines 

that the authority of the State educational agency to 

grant waivers— 

‘‘(I) has been effective in enabling such State 

or affected local educational agencies, educational 

service agencies, or schools to carry out their State 

or local reform plans and to continue to meet the 

accountability requirement described in paragraph 

(2)(C); and 

‘‘(II) has improved student performance. 

‘‘(B) PERFORMANCE REVIEW.— 

‘‘(i) IN GENERAL.—Following the expiration of an 

approved educational flexibility program for a State 

that is designated an Ed-Flex Partnership State, the 

Secretary shall have not more than 180 days to complete a review of the performance of the State educational agency in granting waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) to determine if the State educational 

agency— 

‘‘(I) has achieved, or is making substantial 

progress towards achieving, the objectives 

described in the application submitted pursuant 

to paragraph (3)(A)(iii) and the specific long-term 

goals and measurements of interim progress established under section 1111(c)(4)(A)(i) of the 

Elementary and Secondary Education Act of 1965; 

and 

‘‘(II) demonstrates that local educational agencies, educational service agencies, or schools 

affected by the waiver authority or waivers have 

achieved, or are making progress toward achieving, 

the desired goals described in the application submitted pursuant to paragraph (4)(A)(iii). 

‘‘(ii) TERMINATION OF AUTHORITY.—The Secretary 

shall terminate the authority of a State educational 

agency to grant waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) 

if the Secretary determines, after providing the State 

educational agency with notice and an opportunity for 

a hearing, that such agency’s performance has been 

inadequate to justify continuation of such authority 

based on such agency’s performance against the specific 

long-term goals and measurements of interim progress 
S. 1177—346 

established under section 1111(c)(4)(A)(i) of the 

Elementary and Secondary Education Act of 1965. 

‘‘(C) RENEWAL.— ‘‘(i) IN GENERAL.—Each State educational agency 

desiring to renew an approved educational flexibility 

program under this section shall submit a request 

for renewal to the Secretary not later than the date 

of expiration of the approved educational flexibility 

program. 

‘‘(ii) TIMING FOR RENEWAL.—The Secretary shall 

either approve or deny the request for renewal by 

not later than 90 days after completing the performance review of the State described in subparagraph 

(B). 

‘‘(iii) DETERMINATION.—In deciding whether to 

extend a request of a State educational agency for 

the authority to issue waivers under this section, the 

Secretary shall review the progress of the State educational agency to determine if the State educational 

agency— 

‘‘(I) has made progress toward achieving the 

objectives described in the State application submitted pursuant to paragraph (3)(A)(iii); and 

‘‘(II) demonstrates in the request that local 

educational agencies, educational service agencies, 

or schools affected by the waiver authority or 

waivers have made progress toward achieving the 

desired goals described in the local application submitted pursuant to paragraph (4)(A)(iii). 

‘‘(D) TERMINATION.— ‘‘(i) IN GENERAL.—The Secretary shall terminate 

or temporarily suspend the authority of a State educational agency to grant waivers under this section 

if the Secretary determines that— 

‘‘(I) there is compelling evidence of systematic 

waste, fraud or abuse; or 

‘‘(II) after notice and an opportunity for a 

hearing, such agency’s performance (including 

performance with respect to meeting the objectives 

described in paragraph (3)(A)(iii)) has been inadequate to justify continuation of such authority. 

‘‘(ii) LIMITED COMPLIANCE PERIOD.—A State whose 

authority to grant such waivers has been terminated 

shall have not more than 1 additional fiscal year to 

come into compliance in order to seek renewal of the 

authority to grant waivers under this section. 

‘‘(7) PUBLIC NOTICE AND COMMENT.—Each State educational 

agency seeking waiver authority under this section and each 

local educational agency, educational service agency, or school 

seeking a waiver under this section— 

‘‘(A) shall provide the public with adequate and efficient notice of the proposed waiver authority or waiver, 

consisting of a description of the agency’s application for 

the proposed waiver authority or waiver on each agency’s 

website, including a description of any improved student 

performance that is expected to result from the waiver 

authority or waiver; 
S. 1177—347 

‘‘(B) shall provide the opportunity for parents, educators, school administrators, and all other interested members of the community to comment regarding the proposed 

waiver authority or waiver; 

‘‘(C) shall provide the opportunity described in subparagraph (B) in accordance with any applicable State law 

specifying how the comments may be received, and how 

the comments may be reviewed by any member of the 

public; and 

‘‘(D) shall submit the comments received with the 

application of the agency or school to the Secretary or 

the State educational agency, as appropriate. 

‘‘(b) INCLUDED PROGRAMS.—The statutory or regulatory requirements referred to in subsection (a)(1)(A) are any such requirements 

for programs that are authorized under the following provisions 

and under which the Secretary provides funds to State educational 

agencies on the basis of a formula: 

‘‘(1) The following provisions of the Elementary and Secondary Education Act of 1965: 

‘‘(A) Part A of title I (other than section 1111). 

‘‘(B) Part C of title I. 

‘‘(C) Part D of title I. 

‘‘(D) Part A of title II. 

‘‘(E) Part A of title IV. 

‘‘(2) The Carl D. Perkins Career and Technical Education 

Act of 2006 (20 U.S.C. 2301 et seq.). 

‘‘(c) WAIVERS NOT AUTHORIZED.—The Secretary and the State 

educational agency may not waive under subsection (a)(1)(A) any 

statutory or regulatory requirement— 

‘‘(1) relating to— 

‘‘(A) maintenance of effort; 

‘‘(B) comparability of services; 

‘‘(C) equitable participation of students and professional staff in private schools; 

‘‘(D) parental participation and involvement; 

‘‘(E) distribution of funds to States or to local educational agencies; 

‘‘(F) serving eligible school attendance areas in rank 

order in accordance with section 1113(a)(3) of the 

Elementary and Secondary Education Act of 1965; 

‘‘(G) the selection of a school attendance area or school 

under subsections (a) and (b) of section 1113 of the 

Elementary and Secondary Education Act of 1965, except 

that a State educational agency may grant a waiver to 

allow a school attendance area or school to participate 

in activities under part A of title I of such Act if the 

percentage of children from low-income families in the 

school attendance area of such school or who attend such 

school is not less than 10 percentage points below the 

lowest percentage of such children for any school attendance area or school of the local educational agency that 

meets the requirements of such subsections; 

‘‘(H) use of Federal funds to supplement, not supplant, 

non-Federal funds; and 

‘‘(I) applicable civil rights requirements; and 

‘‘(2) unless the State educational agency can demonstrate 

that the underlying purposes of the statutory requirements 
S. 1177—348 

of the program for which a waiver is granted continue to 

be met to the satisfaction of the Secretary. 

‘‘(d) TREATMENT OF EXISTING ED-FLEX PARTNERSHIP STATES.— ‘‘(1) IN GENERAL.—Any designation of a State as an EdFlex Partnership State that was in effect on the date of enactment of the Every Student Succeeds Act shall be immediately 

extended for a period of not more than 5 years, if the Secretary 

makes the determination described in paragraph (2). 

‘‘(2) DETERMINATION.—The determination referred to in 

paragraph (1) is a determination that the performance of the 

State educational agency, in carrying out the programs for 

which the State has received a waiver under the educational 

flexibility program, justifies the extension of the designation. 

‘‘(e) PUBLICATION.—A notice of the Secretary’s decision to 

authorize State educational agencies to issue waivers under this 

section, including a description of the rationale the Secretary used 

to approve applications under subsection (a)(3)(B), shall be published in the Federal Register and the Secretary shall provide 

for the dissemination of such notice to State educational agencies, 

interested parties (including educators, parents, students, and 

advocacy and civil rights organizations), and the public.’’. 

SEC. 9208. REPORT ON THE REDUCTION OF THE NUMBER AND 

PERCENTAGE OF STUDENTS WHO DROP OUT OF SCHOOL. 

Not later than 5 years after the date of enactment of this 

Act, the Director of the Institute of Education Sciences shall 

evaluate the impact of section 1111(g)(1)(D) of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6311(g)(1)(D)) 

on reducing the number and percentage of students who drop 

out of school. 

SEC. 9209. REPORT ON SUBGROUP SAMPLE SIZE. 

(a) REPORT.—Not later than 90 days after the date of enactment 

of this Act, the Director of the Institute of Education Sciences 

shall publish a report on— 

(1) best practices for determining valid, reliable, and statistically significant minimum numbers of students for each of 

the subgroups of students, as defined in section 1111(c)(2) of 

the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6311(c)(2)), as amended by this Act, for the purposes of inclusion 

as subgroups of students in an accountability system described 

in section 1111(c) of such Act (20 U.S.C. 6311(c)), as amended 

by this Act; and 

(2) how such minimum number that is determined will 

not reveal personally identifiable information about students. 

(b) PUBLIC DISSEMINATION.—The Director of the Institute of 

Education Sciences shall work with the Department of Education’s 

technical assistance providers and dissemination networks to ensure 

that such report is widely disseminated— 

(1) to the public, State educational agencies, local educational agencies, and schools; and 

(2) through electronic transfer and other means, such as 

posting the report on the website of the Institute of Education 

Sciences or in another relevant place. 

(c) PROHIBITION AGAINST RECOMMENDATION.—In carrying out 

this section, the Director of the Institute of Education Sciences 

shall not recommend any specific minimum number of students 

for each of the subgroups of students, as defined in section 1111(c)(2) 
S. 1177—349 

of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6311(c)(2)), as amended by this Act. 

SEC. 9210. REPORT ON STUDENT HOME ACCESS TO DIGITAL LEARNING 

RESOURCES. 

(a) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Director of the Institute of Education 

Sciences shall complete a study on the educational impact of access 

to digital learning resources outside of the classroom. 

(b) CONTENTS.—The study described in subsection (a) shall 

include— 

(1) an analysis of student habits related to digital learning 

resources outside of the classroom, including the location and 

types of devices and technologies that students use for educational purposes; 

(2) an identification of the barriers students face in 

accessing digital learning resources outside of the classroom; 

(3) a description of the challenges students who lack home 

Internet access face, including challenges related to— 

(A) student participation and engagement in the classroom; and 

(B) homework completion; 

(4) an analysis of how the barriers and challenges such 

students face impact the instructional practice of educators; 

and 

(5) a description of the ways in which State educational 

agencies, local educational agencies, schools, and other entities, 

including partnerships of such entities, have developed effective 

means to address the barriers and challenges students face 

in accessing digital learning resources outside of the classroom. 

(c) PUBLIC DISSEMINATION.—The Director of the Institute of 

Education Sciences shall widely disseminate the findings of the 

study described in subsection (a)— 

(1) in a timely fashion to the public and the Committee 

on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and 

Pensions of the Senate; and 

(2) through electronic transfer and other means, such as 

posting, as available, to the website of the Institute of Education 

Sciences or the Department of Education. 

SEC. 9211. STUDY ON THE TITLE I FORMULA. 

(a) FINDINGS.—Congress finds the following: 

(1) Part A of title I of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6311 et seq.) provides funding 

to local educational agencies through four separate formulas 

that have been added to the law over time, and which have 

‘‘distinct allocation patterns, providing varying shares of allocated funds to different types of local educational agencies 

or States,’’ according to a 2015 report from the Congressional 

Research Service. 

(2) Minimal effort has been made by the Federal Government to determine if the four formulas are adequately delivering funds to local educational agencies with the highest 

districtwide poverty averages. 

(3) The formulas for distributing Targeted Grants and Education Finance Incentive grants use two weighting systems, 
S. 1177—350 

one based on the percentage of children included in the determination of grants to local educational agencies (percentage 

weighting), and another based on the absolute number of such 

children (number weighting). Both weighting systems have five 

quintiles with a roughly equal number of children in each 

quintile. Whichever of these weighting systems results in the 

highest total weighted formula child count for a local educational agency is the weighting system used for that agency 

in the final allocation of Targeted and Education Finance Incentive Grant funds. 

(4) The Congressional Research Service has also said the 

number weighting alternative is generally more favorable to 

large local educational agencies with much larger geographic 

boundaries and larger counts of eligible children than smaller 

local educational agencies with smaller counts, but potentially 

higher percentages, of eligible children, because large local 

educational agencies have many more children in the higher 

weighted quintiles. 

(5) In local educational agencies that are classified by the 

National Center for Education Statistics as ‘‘Large City’’, 47 

percent of all students attend schools with 75 percent or higher 

poverty. 

(b) STUDY.— (1) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Director of the Institute of Education Sciences shall complete a study on the effectiveness 

of the four part A of title I formulas, described in subsection 

(a), to deliver funds to the most economically disadvantaged 

communities. 

(2) CONTENTS.—The study described in paragraph (1) shall 

include— 

(A) an analysis of the distribution of part A of title 

I funds under the four formulas; 

(B) an analysis of how part A of title I funds are 

distributed among local educational agencies in each of 

the 12 locale types classified by the National Center on 

Education Statistics. 

(C) the extent to which the four formulas unduly benefit or unduly disadvantage any of the local educational 

agencies described in subparagraph (B); 

(D) the extent to which the four formulas unduly benefit or unduly disadvantage high-poverty eligible school 

attendance areas in the local educational agencies described 

in subparagraph (B); 

(E) the extent to which the four formulas unduly benefit or unduly disadvantage lower population local educational agencies with relatively high percentages of 

districtwide poverty; 

(F) the impact of number weighting and percentage 

weighting in the formulas for distributing Targeted Grants 

and Education Finance Incentive Grants on each of the 

local educational agencies described in subparagraph (B); 

(G) the impact of number weighting and percentage 

weighting on targeting part A of title I funds to eligible 

school attendance areas with the highest concentrations 

of poverty in local educational agencies described in 

subparagraph (B), and local educational agencies described 
S. 1177—351 

in subparagraph (B) with higher percentages of districtwide 

poverty; 

(H) an analysis of other studies and reports produced 

by public and non-public entities examining the distribution 

of part A of title I funds under the four formulas; and 

(I) recommendations, as appropriate, for amending or 

consolidating the formulas to better target part A of title 

I funds to the most economically disadvantaged communities and most economically disadvantaged eligible school 

attendance areas. 

(3) PUBLIC DISSEMINATION.—The Director of the Institute 

of Education Sciences shall widely disseminate the findings 

of the study conducted under this section— 

(A) in a timely fashion; 

(B) to— 

(i) the public; and 

(ii) the Committee on Education and the Workforce 

of the House of Representatives and the Committee 

on Health, Education, Labor, and Pensions of the 

Senate; and 

(C) through electronic transfer and other means, such 

as posting to the website of the Institute of Education 

Sciences or the Department of Education. 

SEC. 9212. PRESCHOOL DEVELOPMENT GRANTS. 

(a) PURPOSES.—The purposes of this section are— 

(1) to assist States to develop, update, or implement a 

strategic plan that facilitates collaboration and coordination 

among existing programs of early childhood care and education 

in a mixed delivery system across the State designed to prepare 

low-income and disadvantaged children to enter kindergarten 

and to improve transitions from such system into the local 

educational agency or elementary school that enrolls such children, by— 

(A) more efficiently using existing Federal, State, local, 

and non-governmental resources to align and strengthen 

the delivery of existing programs; 

(B) coordinating the delivery models and funding 

streams existing in the State’s mixed delivery system; and 

(C) developing recommendations to better use existing 

resources in order to improve— 

(i) the overall participation of children in a mixed 

delivery system of Federal, State, and local early childhood education programs; 

(ii) program quality while maintaining availability 

of services; 

(iii) parental choice among existing programs; and 

(iv) school readiness for children from low-income 

and disadvantaged families, including during such children’s transition into elementary school; 

(2) to encourage partnerships among Head Start providers, 

State and local governments, Indian tribes and tribal organizations, private entities (including faith- and community-based 

entities), and local educational agencies, to improve coordination, program quality, and delivery of services; and 

(3) to maximize parental choice among a mixed delivery 

system of early childhood education program providers. 
S. 1177—352 

(b) DEFINITIONS.—In this section: 

(1) ESEA DEFINITIONS.—The terms ‘‘elementary school’’, 

‘‘local educational agency’’, and ‘‘State’’ have the meanings given 

the terms in section 8101 of the Elementary and Secondary 

Education Act of 1965. 

(2) CENTER OF EXCELLENCE IN EARLY CHILDHOOD.—The 

term ‘‘Center of Excellence in Early Childhood’’ means a Center 

of Excellence in Early Childhood designated under section 

657B(b) of the Head Start Act (42 U.S.C. 9852b(b)). 

(3) EARLY CHILDHOOD EDUCATION PROGRAM.—The term 

‘‘early childhood education program’’ has the meaning given 

the term in section 103 of the Higher Education Act of 1965 

(20 U.S.C. 1003). 

(4) EXISTING PROGRAM.—The term ‘‘existing program’’ 

means a Federal, State, local, or privately-funded early childhood education program that— 

(A) was operating in the State on the day before the 

date of enactment of this Act; or 

(B) began operating in the State at any time on or 

after the date of enactment of this Act through funds 

that were not provided by a grant under this section. 

(5) MIXED DELIVERY SYSTEM.—The term ‘‘mixed delivery 

system’’ means a system— 

(A) of early childhood education services that are delivered through a combination of programs, providers, and 

settings (such as Head Start, licensed family and centerbased child care programs, public schools, and communitybased organizations); and 

(B) that is supported with a combination of public 

funds and private funds. 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Health and Human Services. 

(7) STATE ADVISORY COUNCIL.—The term ‘‘State Advisory 

Council’’ means a State Advisory Council on Early Childhood 

Education and Care designated or established under section 

642B(b)(1)(A) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)). 

(c) GRANTS AUTHORIZED.— 

(1) IN GENERAL.—From amounts made available under subsection (k), the Secretary, jointly with the Secretary of Education, shall award grants to States to enable the States to 

carry out the activities described in subsection (f). 

(2) AWARD BASIS.—Grants under this subsection shall be 

awarded— 

(A) on a competitive basis; and 

(B) with priority for States that meet the requirements 

of subsection (e)(3). 

(3) DURATION OF GRANTS.—A grant awarded under paragraph (1) shall be for a period of not more than 1 year and 

may be renewed by the Secretary, jointly with the Secretary 

of Education, under subsection (g). 

(4) MATCHING REQUIREMENT.—Each State that receives a 

grant under this section shall provide funds from non-Federal 

sources (which may be provided in cash or in kind) to carry 

out the activities supported by the grant, in an amount equal 

to not less than 30 percent of the amount of such grant. 

(d) INITIAL APPLICATION.—A State desiring a grant under subsection (c)(1) shall submit an application at such time and in such 
S. 1177—353 

manner as the Secretary may reasonably require. The application 

shall contain— 

(1) an identification of the State entity that the Governor 

of the State has appointed to be responsible for duties under 

this section; 

(2) a description of how such State entity proposes to 

accomplish the activities described in subsection (f) and meet 

the purposes of this section described in subsection (a), 

including— 

(A) a timeline for strategic planning activities; and 

(B) a description of how the strategic planning activities and the proposed activities described in subsection 

(f) will increase participation of children from low-income 

and disadvantaged families in high-quality early childhood 

education and preschool programs as a result of the grant; 

(3) a description of the Federal, State, and local existing 

programs in the State for which such State entity proposes 

to facilitate activities described in subsection (f), including— 

(A) programs carried out under the Head Start Act 

(42 U.S.C. 9801 et seq.), including the Early Head Start 

programs carried out under such Act; 

(B) child care programs carried out under the Child 

Care and Development Block Grant Act of 1990 (42 U.S.C. 

9858 et seq.) or section 418 of the Social Security Act 

(42 U.S.C. 618); and 

(C) other Federal, State, and local programs of early 

learning and development, early childhood education, and 

child care, operating in the State (including programs operated by Indian tribes and tribal organizations and private 

entities, including faith- and community-based entities), 

as of the date of the application for the grant; 

(4) a description of how the State entity, in collaboration 

with Centers of Excellence in Early Childhood, if appropriate, 

will provide technical assistance and disseminate best practices; 

(5) a description of how the State plans to sustain the 

activities described in, and carried out in accordance with, 

subsection (f) with non-Federal sources after grant funds under 

this section are no longer available, if the State plans to continue such activities after such time; and 

(6) a description of how the State entity will work with 

the State Advisory Council and Head Start collaboration offices. 

(e) REVIEW PROCESS.—The Secretary shall review the applications submitted under subsection (d) to— 

(1) determine which applications satisfy the requirements 

of such subsection; 

(2) confirm that each State submitting an application has, 

as of the date of the application, a mixed delivery system 

in place; and 

(3) determine if a priority is merited in accordance with 

subsection (c)(2)(B) because the State has never received— 

(A) a grant under subsection (c); or 

(B) a preschool development grant for development 

or expansion under such program as it existed on the 

day before the date of enactment of this Act. 
S. 1177—354 

(f) USE OF FUNDS.—A State, acting through the State entity 

appointed under subsection (d)(1), that receives a grant under subsection (c)(1) shall use the grant funds for all of the following 

activities: 

(1) Conducting a periodic statewide needs assessment of— 

(A) the availability and quality of existing programs 

in the State, including such programs serving the most 

vulnerable or underserved populations and children in 

rural areas; 

(B) to the extent practicable, the unduplicated number 

of children being served in existing programs; and 

(C) to the extent practicable, the unduplicated number 

of children awaiting service in such programs. 

(2) Developing a strategic plan that recommends collaboration, coordination, and quality improvement activities 

(including activities to improve children’s transition from early 

childhood education programs into elementary schools) among 

existing programs in the State and local educational agencies. 

Such plan shall include information that— 

(A) identifies opportunities for, and barriers to, 

collaboration and coordination among existing programs 

in the State, including among State, local, and tribal (if 

applicable) agencies responsible for administering such programs; 

(B) recommends partnership opportunities among Head 

Start providers, local educational agencies, State and local 

governments, Indian tribes and tribal organizations, and 

private entities (including faith- and community-based entities) that would improve coordination, program quality, 

and delivery of services; 

(C) builds on existing plans and goals with respect 

to early childhood education programs, including improving 

coordination and collaboration among such programs, of 

the State Advisory Council while incorporating new or 

updated Federal, State, and local statutory requirements, 

including— 

(i) the requirements of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et 

seq.); and 

(ii) when appropriate, information found in the 

report required under section 13 of the Child Care 

and Development Block Grant Act of 2014 (Public Law 

113–186; 128 Stat. 2002); and 

(D) describes how accomplishing the activities 

described in subparagraphs (A) through (C) will better 

serve children and families in existing programs and how 

such activities will increase the overall participation of 

children in the State. 

(3) Maximizing parental choice and knowledge about the 

State’s mixed delivery system of existing programs and providers by— 

(A) ensuring that parents are provided information 

about the variety of early childhood education programs 

for children from birth to kindergarten entry in the State’s 

mixed delivery system; and 

(B) promoting and increasing involvement by parents 

and family members, including families of low-income and 
S. 1177—355 

disadvantaged children, in the development of their children and the transition of such children from an early 

childhood education program into an elementary school. 

(4) Sharing best practices among early childhood education 

program providers in the State to increase collaboration and 

efficiency of services, including to improve transitions from 

such programs to elementary school. 

(5) After activities described in paragraphs (1) and (2) 

have been completed, improving the overall quality of early 

childhood education programs in the State, including by developing and implementing evidence-based practices that meet 

the requirements of section 8101(21)(A)(i) of the Elementary 

and Secondary Education Act of 1965, to improve professional 

development for early childhood education providers and educational opportunities for children. 

(g) RENEWAL GRANTS.— 

(1) IN GENERAL.—The Secretary, jointly with the Secretary 

of Education, may use funds available under subsection (k) 

to award renewal grants to States described in paragraph (2) 

to enable such States to continue activities described in subsection (f) and to carry out additional activities described in 

paragraph (6). 

(2) ELIGIBLE STATES.—A State shall be eligible for a grant 

under paragraph (1) if— 

(A) the State has received a grant under subsection 

(c)(1) and the grant period has concluded; or 

(B)(i) the State has received a preschool development 

grant for development or expansion under such program 

as it existed on the day before the date of enactment 

of this Act, and the grant period for such grant has concluded; and 

(ii) the Secretary allows such State to apply directly 

for a renewal grant under this subsection, rather than 

an initial grant under subsection (c)(1), and the State submits with its application the needs assessment completed 

under the preschool development grant (updated as necessary to reflect the needs of the State as of the time 

of the application) in place of the activity described in 

subsection (f)(1). 

(3) DURATION OF GRANTS.—A grant awarded under this 

subsection shall be for a period of not more than 3 years 

and shall not be renewed. 

(4) MATCHING REQUIREMENT.—Each State that receives a 

grant under this subsection shall provide funds from non-Federal sources (which may be provided in cash or in kind) to 

carry out the activities supported by the grant, in an amount 

equal to not less than 30 percent of the amount of the grant. 

(5) APPLICATION.—A State described in paragraph (2) that 

desires a grant under this subsection shall submit an application for renewal at such time and in such manner as the 

Secretary may reasonably require. The application shall contain— 

(A) applicable information required in the application 

described in subsection (d), and in the case of a State 

described in paragraph (2)(A), updated as the State determines necessary; 
S. 1177—356 

(B) in the case of a State described in paragraph (2)(A), 

a description of how funds were used for the activities 

described in subsection (f) in the initial grant period and 

the extent to which such activities will continue to be 

supported in the renewal period; 

(C) in the case of a State described in paragraph (2)(B), 

how a needs assessment completed prior to the date of 

the application, such as the needs assessment completed 

under the preschool development grant program (as such 

program existed prior to the date of enactment of this 

Act), and updated as necessary in accordance with paragraph (2)(B)(ii), will be sufficient information to inform 

the use of funds under this subsection, and a copy of 

such needs assessment; 

(D) a description of how funds will be used for the 

activities described in paragraph (6) during the renewal 

grant period, if the State proposes to use grant funds 

for such activities; and 

(E) in the case of a State that proposes to carry out 

activities described in paragraph (6) and to continue such 

activities after grant funds under this subsection are no 

longer available, a description of how such activities will 

be sustained with non-Federal sources after such time. 

(6) ADDITIONAL ACTIVITIES.— 

(A) IN GENERAL.—Each State that receives a grant 

under this subsection may use grant funds to award subgrants to programs in a mixed delivery system across the 

State designed to benefit low-income and disadvantaged 

children prior to entering kindergarten, to— 

(i)(I) enable programs to implement activities 

addressing areas in need of improvement as determined by the State, through the use of funds for the 

activities described in paragraph (5)(C) or subsection 

(f), as applicable; and 

(II) as determined through the activities described 

in paragraph (5)(C) or subsection (f), as applicable, 

expand access to such existing programs; or 

(ii) develop new programs to address the needs 

of children and families eligible for, but not served 

by, such programs, if the State ensures that— 

(I) the distribution of subgrants under this 

subparagraph supports a mixed delivery system; 

and 

(II) funds made available under this subparagraph will be used to supplement, and not supplant, any other Federal, State, or local funds that 

would otherwise be available to carry out the 

activities assisted under this section. 

(B) PRIORITY.—In awarding subgrants under subparagraph (A), a State shall prioritize activities to improve 

areas in which there are State-identified needs that would 

improve services for low-income and disadvantaged children living in rural areas. 

(C) SPECIAL RULE.—A State receiving a renewal grant 

under this subsection that elects to award subgrants under 

subparagraph (A) shall not— 
S. 1177—357 

(i) for the first year of the renewal grant, use 

more than 60 percent of the grant funds available 

for such year to award such subgrants; and 

(ii) for each of the second and third years of the 

renewal grant, use more than 75 percent of the grant 

funds available for such year to award such subgrants. 

(h) STATE REPORTING.— (1) INITIAL GRANTS.—A State that receives an initial grant 

under subsection (c)(1) shall submit a final report to the Secretary not later than 6 months after the end of the grant 

period. The report shall include a description of— 

(A) how, and to what extent, the grant funds were 

utilized for activities described in subsection (f), and any 

other activities through which funds were used to meet 

the purposes of this section, as described in subsection 

(a); 

(B) strategies undertaken at the State level and, if 

applicable, local or program level, to implement recommendations in the strategic plan developed under subsection (f)(2); 

(C)(i) any new partnerships among Head Start providers, State and local governments, Indian tribes and 

tribal organizations, and private entities (including faithand community-based entities); and 

(ii) how these partnerships improve coordination and 

delivery of services; 

(D) if applicable, the degree to which the State used 

information from the report required under section 13 of 

the Child Care and Development Block Grant Act of 2014 

to inform activities under this section, and how this 

information was useful in coordinating, and collaborating 

among, programs and funding sources; 

(E) the extent to which activities funded by the initial 

grant led to the blending or braiding of other public and 

private funding; 

(F) how information about available existing programs 

for children from birth to kindergarten entry was disseminated to parents and families, and how involvement by 

parents and family was improved; and 

(G) other State-determined and voluntarily provided 

information to share best practices regarding early childhood education programs and the coordination of such programs. 

(2) RENEWAL GRANTS.—A State receiving a renewal grant 

under subsection (g) shall submit a follow-up report to the 

Secretary not later than 6 months after the end of the grant 

period that includes— 

(A) information described in subparagraphs (A) 

through (G) of paragraph (1), as applicable and updated 

for the period covered by the renewal grant; and 

(B) if applicable, information on how the State was 

better able to serve children through the distribution of 

funds in accordance with subsection (g)(5), through— 

(i) a description of the activities conducted through 

the use of subgrant funds, including, where appropriate, measurable areas of program improvement and 

better use of existing resources; and 
S. 1177—358 

(ii) best practices from the use of subgrant funds, 

including how to better serve the most vulnerable, 

underserved, and rural populations. 

(i) RULES OF CONSTRUCTION.— (1) LIMITATIONS ON FEDERAL INTERFERENCE.—Nothing in 

this section shall be construed to authorize the Secretary or 

the Secretary of Education to establish any criterion for grants 

made under this section that specifies, defines, or prescribes— 

(A) early learning and development guidelines, standards, or specific assessments, including the standards or 

measures that States use to develop, implement, or improve 

such guidelines, standards, or assessments; 

(B) specific measures or indicators of quality early 

learning and care, including— 

(i) the systems that States use to assess the quality 

of early childhood education programs and providers, 

school readiness, and achievement; and 

(ii) the term ‘‘high-quality’’ as it relates to early 

learning, development, or care; 

(C) early learning or preschool curriculum, programs 

of instruction, or instructional content; 

(D) teacher and staff qualifications and salaries; 

(E) class sizes and ratios of children to instructional 

staff; 

(F) any new requirement that an early childhood education program is required to meet that is not explicitly 

authorized in this section; 

(G) the scope of programs, including length of program 

day and length of program year; and 

(H) any aspect or parameter of a teacher, principal, 

other school leader, or staff evaluation system within a 

State, local educational agency, or early childhood education program. 

(2) LIMITATION ON GOVERNMENTAL REQUIREMENTS.— Nothing in this section shall be construed to authorize the 

Secretary, Secretary of Education, the State, or any other 

governmental agency to alter requirements for existing programs for which coordination and alignment activities are recommended under this section, or to force programs to adhere 

to any recommendations developed through this program. The 

Secretary, Secretary of Education, State, or other governmental 

agency may only take an action described in the preceding 

sentence as otherwise authorized under Federal, State, or local 

law. 

(3) SECRETARY OF EDUCATION.—Nothing in this section 

shall be construed to authorize the Secretary of Education 

to have sole decision-making or regulatory authority in carrying 

out the program authorized under this section. 

(j) PLANNING AND TRANSITION.— (1) IN GENERAL.—The recipient of an award for a preschool 

development grant for development or expansion under such 

program as it existed on the day before the date of enactment 

of this Act may continue to receive funds in accordance with 

the terms of such existing award. 

(2) TRANSITION.—The Secretary, jointly with the Secretary 

of Education, shall take such steps as are necessary to ensure 

an orderly transition to, and implementation of, the program 
S. 1177—359 

under this section from the preschool development grants for 

development or expansion program as such program was operating prior to the date of enactment of this Act, in accordance 

with subsection (k). 

(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of Health and Human Services 

to carry out this section $250,000,000 for each of fiscal years 2017 

through 2020. 

SEC. 9213. REVIEW OF FEDERAL EARLY CHILDHOOD EDUCATION PROGRAMS. 

(a) IN GENERAL.—The Secretary of Health and Human Services, 

in consultation with the heads of all Federal agencies that administer Federal early childhood education programs, shall conduct 

an interdepartmental review of all early childhood education programs for children less than 6 years of age in order to— 

(1) develop a plan for the elimination of overlapping programs, as identified by the Government Accountability Office’s 

2012 annual report (GAO–12–342SP); 

(2) determine if the activities conducted by States using 

grant funds from preschool development grants under section 

9212 have led to better utilization of resources; and 

(3) make recommendations to Congress for streamlining 

all such programs. 

(b) REPORT AND UPDATES.—The Secretary of Health and Human 

Services, in consultation with the heads of all Federal agencies 

that administer Federal early childhood education programs, shall— 

(1) not later than 2 years after the date of enactment 

of this Act, prepare and submit to the Committee on Health, 

Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a detailed report that— 

(A) outlines the efficiencies that can be achieved by, 

and specific recommendations for, eliminating overlap and 

fragmentation among all Federal early childhood education 

programs; 

(B) explains how the use by States of preschool development grant funds under section 9212 has led to the better 

utilization of resources; and 

(C) builds upon the review of Federal early learning 

and care programs required under section 13 of the Child 

Care and Development Block Grant Act of 2014 (Public 

Law 113–186; 128 Stat. 2002); and 

(2) annually prepare and submit to such Committees a 

detailed update of the report described in paragraph (1). 

SEC. 9214. USE OF THE TERM ‘‘HIGHLY QUALIFIED’’ IN OTHER LAWS. 

(a) REFERENCES.—Beginning on the date of enactment of this 

Act— 

(1) any reference in sections 420N, 428J, 428K, and 460 

of the Higher Education Act of 1965 (20 U.S.C. 1070g–2, 1078– 

10, 1078–11, and 1087j) to the term ‘‘highly qualified’’ as defined 

in section 9101 of the Elementary and Secondary Education 

Act of 1965 shall be treated as a reference to such term under 

such section 9101 as in effect on the day before the date 

of enactment of this Act; and 
S. 1177—360 

(2) any reference in section 6112 of the America COMPETES Act (20 U.S.C. 9812), section 553 of the America COMPETES Reauthorization Act of 2010 (20 U.S.C. 9903), and 

section 9 of the National Science Foundation Authorization 

Act of 2002 (42 U.S.C. 1862n), to ‘‘highly qualified’’, as defined 

in section 9101 of the Elementary and Secondary Education 

Act of 1965, with respect to a teacher, means that the teacher 

meets applicable State certification and licensure requirements, 

including any requirements for certification obtained through 

alternative routes to certification. 

(b) EDUCATION SCIENCES REFORM ACT OF 2002.—Section 

153(a)(1)(F)(ii) of the Education Sciences Reform Act of 2002 (20 

U.S.C. 9543(a)(1)(F)(ii)) is amended by striking ‘‘teachers who are 

highly qualified (as such term is defined in section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))’’ 

and inserting ‘‘teachers who meet the applicable State certification 

and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with 

regard to special education teachers, the qualifications described 

in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14)(C).’’. 

(c) HIGHER EDUCATION ACT OF 1965.—The Higher Education 

Act of 1965 (20 U.S.C. 1001 et seq.) is amended— 

(1) in section 200— 

(A) by striking paragraph (13); 

(B) in paragraph (17)(B)(ii), by striking ‘‘to become 

highly qualified’’ and inserting ‘‘who meets the applicable 

State certification and licensure requirements, including 

any requirements for certification obtained through alternative routes to certification, or, with regard to special 

education teachers, the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities Education 

Act’’; and 

(C) in paragraph (22)(D)(i), by striking ‘‘becomes highly 

qualified’’ and inserting ‘‘, with respect to special education 

teachers, meets the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities Education 

Act’’; 

(2) in section 201(3), by striking ‘‘highly qualified teachers’’ 

and inserting ‘‘teachers who meet the applicable State certification and licensure requirements, including any requirements 

for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals 

with Disabilities Education Act’’; 

(3) in section 202— 

(A) in subsection (b)(6)(H), by striking ‘‘highly qualified 

teachers’’ and inserting ‘‘teachers who meet the applicable 

State certification and licensure requirements, including 

any requirements for certification obtained through alternative routes to certification, or, with regard to special 

education teachers, the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities Education 

Act,’’; 

(B) subsection (d)— 

(i) in paragraph (1)— 
S. 1177—361 

(I) in subparagraph (A)(i)(I), by striking ‘‘be 

highly qualified (including teachers in rural school 

districts who may teach multiple subjects, special 

educators, and teachers of students who are limited English proficient who may teach multiple 

subjects)’’ and inserting ‘‘meet the applicable State 

certification and licensure requirements, including 

any requirements for certification obtained 

through alternative routes to certification, or, with 

regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the 

Individuals with Disabilities Education Act 

(including teachers in rural school districts, special 

educators, and teachers of students who are limited English proficient)’’; and 

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

‘‘become highly qualified, which may include 

training in multiple subjects to teach multiple 

grade levels as may be needed for individuals preparing to teach in rural communities and for 

individuals preparing to teach students with 

disabilities as described in section 602(10)(D) of 

the Individuals with Disabilities Education Act’’ 

and inserting ‘‘meet the applicable State certification and licensure requirements, including any 

requirements for certification obtained through 

alternative routes to certification, or, with regard 

to special education teachers, the qualifications 

described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, which may 

include training in multiple subjects to teach multiple grade levels as may be needed for individuals 

preparing to teach in rural communities and for 

individuals preparing to teach students with 

disabilities’’; and 

(ii) in paragraph (5), by striking ‘‘become highly 

qualified teachers’’ and inserting ‘‘become teachers who 

meet the applicable State certification and licensure 

requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, 

the qualifications described in section 612(a)(14)(C) of 

the Individuals with Disabilities Education Act’’; and 

(C) in subsection (e)(2)(C)(iii), by striking subclause 

(IV) and inserting the following: 

‘‘(IV) meet the applicable State certification 

and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to 

special education teachers, the qualifications 

described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, when the 

applicant begins to fulfill the service obligation 

under this clause; and’’; 

(4) in section 204, by striking ‘‘highly qualified teachers’’ 

each place it appears and inserting ‘‘teachers who meet the 

applicable State certification and licensure requirements, 
S. 1177—362 

including any requirements for certification obtained through 

alternative routes to certification, or, with regard to special 

education teachers, the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities Education Act 

(20 U.S.C. 1412(a)(14)(C)),’’; 

(5) in section 205(b)(1)(I), by striking ‘‘highly qualified 

teachers’’ and inserting ‘‘teachers who meet the applicable State 

certification and licensure requirements, including any requirements for certification obtained through alternative routes to 

certification, or, with regard to special education teachers, the 

qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act’’; 

(6) in section 207(a)(1), by striking ‘‘highly qualified 

teachers’’ and inserting ‘‘teachers who meet the applicable State 

certification and licensure requirements, including any requirements for certification obtained through alternative routes to 

certification, or, with regard to special education teachers, the 

qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act,’’; 

(7) in section 208(b)— 

(A) , by striking ‘‘are highly qualified, as required 

under section 1119 of the Elementary and Secondary Education Act of 1965,’’ and inserting ‘‘meet the applicable 

State certification and licensure requirements, including 

any requirements for certification obtained through alternative routes to certification,’’; and 

(B) by striking ‘‘is highly qualified by the deadline, 

as required under section 612(a)(14)(C) of the Individuals 

with Disabilities Education Act’’ and inserting ‘‘meets the 

qualifications described in section 612(a)(14)(C) of the 

Individuals with Disabilities Education Act’’; 

(8) in section 242(b)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘are highly qualified’’ and inserting ‘‘meet the applicable 

State certification and licensure requirements, including 

any requirements for certification obtained through alternative routes to certification, or, with regard to special 

education teachers, the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities Education 

Act,’’; 

(B) in paragraph (1), by striking ‘‘are highly qualified,’’ 

and inserting ‘‘meet the applicable State certification and 

licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the 

qualifications described in section 612(a)(14)(C) of the 

Individuals with Disabilities Education Act,’’; and 

(C) in paragraph (3), by striking ‘‘highly qualified 

teachers and principals’’ and inserting ‘‘teachers who meet 

the applicable State certification and licensure requirements, including any requirements for certification 

obtained through alternative routes to certification, or, with 

regard to special education teachers, the qualifications 

described in section 612(a)(14)(C) of the Individuals with 

Disabilities Education Act, and highly qualified principals’’; 

(9) in section 251(b)(1)(A)(iii), by striking ‘‘are highly qualified’’ and inserting ‘‘meet the applicable State certification and 
S. 1177—363 

licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, 

with regard to special education teachers, the qualifications 

described in section 612(a)(14)(C) of the Individuals with 

Disabilities Education Act’’; 

(10) in section 255(k)— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) meets the applicable State certification and licensure 

requirements, including any requirements for certification 

obtained through alternative routes to certification, or, with 

regard to special education teachers, the qualifications 

described in section 612(a)(14)(C) of the Individuals with 

Disabilities Education Act;’’; and 

(B) in paragraph (3), by striking ‘‘teacher who meets 

the requirements of section 9101(23) of such Act’’ and 

inserting ‘‘teacher who meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes 

to certification, or, with regard to special education 

teachers, the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities Education 

Act’’; 

(11) in section 258(d)(1)— 

(A) by striking ‘‘highly qualified’’; and 

(B) by inserting ‘‘, who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes 

to certification, or, with regard to special education 

teachers, the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities Education 

Act’’ before the period at the end; and 

(12) section 806— 

(A) in subsection (a), by striking paragraph (2); and 

(B) in subsection (c)(1), by striking ‘‘highly qualified 

teachers’’ and inserting ‘‘teachers who meet the applicable 

State certification and licensure requirements, including 

any requirements for certification obtained through alternative routes to certification, or, with regard to special 

education teachers, the qualifications described in section 

612(a)(14)(C) of the Individuals with Disabilities Education 

Act,’’. 

(d) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—The 

Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) 

is amended— 

(1) in section 602, by striking paragraph (10); 

(2) in section 612(a)(14)— 

(A) in subparagraph (C), by striking ‘‘secondary school 

is highly qualified by the deadline established in section 

1119(a)(2) of the Elementary and Secondary Education Act 

of 1965’’ and inserting ‘‘secondary school— 

‘‘(i) has obtained full State certification as a special 

education teacher (including participating in an alternate route to certification as a special educator, if 

such alternate route meets minimum requirements 

described in section 2005.56(a)(2)(ii) of title 34, Code 

of Federal Regulations, as such section was in effect 
S. 1177—364 

on November 28, 2008), or passed the State special 

education teacher licensing examination, and holds a 

license to teach in the State as a special education 

teacher, except with respect to any teacher teaching 

in a public charter school who shall meet the requirements set forth in the State’s public charter school 

law; 

‘‘(ii) has not had special education certification or 

licensure requirements waived on an emergency, temporary, or provisional basis; and 

‘‘(iii) holds at least a bachelor’s degree.’’; 

(B) in subparagraph (D), by striking ‘‘highly qualified 

personnel’’ and inserting ‘‘personnel who meet the 

applicable requirements described in this paragraph’’; and 

(C) in subparagraph (E), by striking ‘‘staff person to 

be highly qualified’’ and inserting ‘‘staff person to meet 

the applicable requirements described in this paragraph’’; 

(3) in section 653(b)— 

(A) in paragraph (7), by striking ‘‘highly qualified 

teachers’’ and inserting ‘‘teachers who meet the qualifications described in section 612(a)(14)(C)’’; and 

(B) in paragraph (8), by striking ‘‘teachers who are 

not highly qualified’’ and inserting ‘‘teachers who do not 

meet the qualifications described in section 612(a)(14)(C)’’; 

and 

(4) in section 654— 

(A) in subsection (a)(4), in the matter preceding 

subparagraph (A), by striking ‘‘highly qualified special education teachers, particularly initiatives that have been 

proven effective in recruiting and retaining highly qualified 

teachers’’ and inserting ‘‘special education teachers who 

meet the qualifications described in section 612(a)(14)(C), 

particularly initiatives that have been proven effective in 

recruiting and retaining teachers’’; and 

(B) in subsection (b)— 

(i) in paragraph (2), by striking ‘‘certification of 

special education teachers for highly qualified individuals with a baccalaureate or master’s degree’’ and 

inserting ‘‘certification of special education teachers 

for individuals with a baccalaureate or master’s degree 

who meet the qualifications described in section 

612(a)(14)(C)’’; and 

(ii) in paragraph (4), by striking ‘‘highly qualified 

special education teachers’’ and inserting ‘‘special education teachers who meet the qualifications described 

in section 612(a)(14)(C)’’; and 

(C) in section 662— 

(i) in subsection (a)— 

(I) in paragraph (1), by striking ‘‘highly qualified personnel, as defined in section 651(b)’’ and 

inserting ‘‘personnel, as defined in section 651(b), 

who meet the applicable requirements described 

in section 612(a)(14)’’; and 

(II) in paragraph (5), by striking ‘‘special education teachers are highly qualified’’ and inserting 

‘‘special education teachers meet the qualifications 

described in section 612(a)(14)(C)’’; 
S. 1177—365 

(ii) in subsection (b)(2)(B), by striking ‘‘highly 

qualified teachers’’ and inserting ‘‘special education 

teachers who meet the qualifications described in section 612(a)(14)(C)’’; and 

(iii) in subsection (c)(4)(B), by striking ‘‘highly 

qualified personnel’’ and inserting ‘‘personnel who meet 

the applicable requirements described in section 

612(a)(14)’’. 

(e) INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT

ACT OF 2004.—Section 302(a) of the Individuals with Disabilities 

Education Improvement Act of 2004 (20 U.S.C. 1400 note) is 

amended— 

(1) by striking ‘‘PART D.—’’ through ‘‘parts A’’ and inserting 

‘‘PART D.—Parts A’’ ; and 

(2) by striking paragraph (2). 

SEC. 9215. ADDITIONAL CONFORMING AMENDMENTS TO OTHER LAWS. 

(a) ACT OF APRIL 16, 1934 (POPULARLY KNOWN AS THE JOHNSON- O’MALLEY ACT).—Section 5(a) of the Act of April 16, 1934 (popularly 

known as the Johnson-O’Malley Act) (25 U.S.C. 456(a)) is amended 

by striking ‘‘section 7114(c)(4) of the Elementary and Secondary 

Education Act of 1965’’ and inserting ‘‘section 6114(c)(4) of the 

Elementary and Secondary Education Act of 1965’’. 

(b) ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF

2006.—Section 153(h) of the Adam Walsh Child Protection and 

Safety Act of 2006 (42 U.S.C. 16962(h)) is amended by striking 

‘‘section 9101 of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 7801)’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’. 

(c) ADULT EDUCATION AND LITERACY ACT.—Paragraph (8) of 

section 203 of the Adult Education and Literacy Act (29 U.S.C. 

3272) is amended to read as follows: 

‘‘(8) ESSENTIAL COMPONENTS OF READING INSTRUCTION.— The term ‘essential components of reading instruction’ means 

explicit and systematic instruction in— 

‘‘(A) phonemic awareness; 

‘‘(B) phonics; 

‘‘(C) vocabulary development; 

‘‘(D) reading fluency, including oral reading skills; and 

‘‘(E) reading comprehension strategies.’’. 

(d) AGE DISCRIMINATION ACT OF 1975.—Section 309(4)(B)(ii) 

of the Age Discrimination Act of 1975 (42 U.S.C. 6107(4)(B)(ii)) 

is amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’. 

(e) AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.—Section 

4(l)(1)(B)(i)(I) of the Age Discrimination in Employment Act of 1967 

(29 U.S.C. 623(l)(1)(B)(i)(I)) is amended by striking ‘‘section 9101 

of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965)’’. 

(f) AGRICULTURAL ACT OF 2014.—Section 7606(a) of the Agricultural Act of 2014 (7 U.S.C. 5940(a)) is amended by striking ‘‘the 

Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 

et seq.),’’. 

(g) AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION

REFORM ACT OF 1998.—Section 413(b)(4) of the Agricultural 
S. 1177—366 

Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 

7633(b)(4)) is amended by striking ‘‘section 9101 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7801))’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary Education 

Act of 1965)’’. 

(h) ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP

ACT OF 1994.—Each of paragraphs (1), (2), and (3) of section 514 

of the Albert Einstein Distinguished Educator Fellowship Act of 

1994 (42 U.S.C. 7838b) are amended by striking ‘‘section 9101 

of the Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary Education 

Act of 1965’’. 

(i) AMERICA COMPETES ACT.—The America COMPETES Act 

(Public Law 110–69) is amended as follows: 

(1) Section 6002(a) (20 U.S.C. 9802(a)) is amended by 

striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).’’ and inserting ‘‘section 

8101 of the Elementary and Secondary Education Act of 1965.’’. 

(2) Section 6122 (20 U.S.C. 9832) is amended— 

(A) in paragraph (3), by striking ‘‘The term ‘low-income 

student’ has the meaning given the term ‘low-income individual’ in section 1707(3) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6537(3)).’’ and inserting 

‘‘The term ‘low-income student’ means an individual who 

is determined by a State educational agency or local educational agency to be a child ages 5 through 19, from 

a low-income family, on the basis of data used by the 

Secretary to determine allocations under section 1124 of 

the Elementary and Secondary Education Act of 1965, data 

on children eligible for free or reduced-price lunches under 

the Richard B. Russell National School Lunch Act, data 

on children in families receiving assistance under part 

A of title IV of the Social Security Act, or data on children 

eligible to receive medical assistance under the Medicaid 

program under title XIX of the Social Security Act, or 

through an alternate method that combines or extrapolates 

from those data.’’; and 

(B) in paragraph (4), by striking ‘‘The term ‘high concentration of low-income students’ has the meaning given 

the term in section 1707(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537(2)).’’ and 

inserting ‘‘The term ‘high concentration of low-income students’, used with respect to a school, means a school that 

serves a student population 40 percent or more of who 

are low-income students.’’. 

(3) Section 6123 (20 U.S.C. 9833) is amended— 

(A) in subsection (c), by striking ‘‘the activities carried 

out under section 1705 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6535).’’ and inserting 

the following: ‘‘any activities carried out under section 4104 

or 4107 of the Elementary and Secondary Education Act 

of 1965 that provide students access to accelerated learning 

programs that provide— 

‘‘(1) postsecondary level courses accepted for credit at 

institutions of higher education, including dual or concurrent 

enrollment programs, and early college high schools; or 
S. 1177—367 

‘‘(2) postsecondary level instruction and examinations that 

are accepted for credit at institutions of higher education, 

including Advanced Placement and International Baccalaureate 

programs.’’; and 

(B) in subsection (j)(2)(B), by striking ‘‘section 

1111(h)(1)(C)(i) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i))’’ and inserting ‘‘section 1111(b)(2)(B)(xi) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi))’’. 

(4) Section 6401(e)(2)(D)(ii)(I) (20 U.S.C. 9871(e)(2)(D)(ii)(I)) 

is amended by striking ‘‘yearly test records of individual students with respect to assessments under section 1111(b) of 

the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6311(b))’’ and inserting ‘‘yearly test records of individual students with respect to assessments under section 1111(b)(2) 

of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311(b)(2))’’. 

(5) Section 7001 (42 U.S.C. 1862o note) is amended— 

(A) in paragraph (4), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary 

and Secondary Education Act of 1965’’; and 

(B) in paragraph (7), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary 

and Secondary Education Act of 1965’’. 

(j) AMERICAN HISTORY AND CIVICS EDUCATION ACT OF 2004.— 

Section 2(d) of the American History and Civics Education Act 

of 2004 (20 U.S.C. 6713 note) is amended by striking ‘‘to carry 

out part D of title V of the Elementary and Secondary Education 

Act of 1965’’ and inserting ‘‘to carry out section 2232 of the 

Elementary and Secondary Education Act of 1965’’. 

(k) ANTI-DRUG ABUSE ACT OF 1988.—Section 3521(d)(8)(A) of 

the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11841(d)(8)(A)) is 

amended by striking ‘‘education and instruction consistent with 

title IV of the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘education and instruction consistent with part A 

of title IV of the Elementary and Secondary Education Act of 

1965’’. 

(l) ASSETS FOR INDEPENDENCE ACT.—Section 404(11) of the 

Assets for Independence Act (42 U.S.C. 604 note) is amended by 

striking ‘‘section 7207 of the Native Hawaiian Education Act’’ and 

inserting ‘‘section 6207 of the Native Hawaiian Education Act’’. 

(m) ASSISTIVE TECHNOLOGY ACT OF 1998.—Section 

4(c)(2)(B)(i)(V) of the Assistive Technology Act of 1998 (29 U.S.C. 

3003(c)(2)(B)(i)(V)) is amended by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(n) CARL D. PERKINS CAREER AND TECHNICAL EDUCATION ACT

OF 2006.—The Carl D. Perkins Career and Technical Education 

Act of 2006 (20 U.S.C. 2301 et seq.) is amended as follows: 

(1) Section 3 (20 U.S.C. 2302) is amended— 

(A) in paragraph (8), by striking ‘‘section 5210 of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 4310 of the Elementary and Secondary 

Education Act of 1965’’; 
S. 1177—368 

(B) in paragraph (11), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; 

(C) in paragraph (19), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(D) in paragraph (27), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(2) Section 8(e) (20 U.S.C. 2306a(e)) is amended by striking 

‘‘section 1111(b)(1)(D) of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 1111(b)(1) of the 

Elementary and Secondary Education Act of 1965’’. 

(3) Section 113(b) (20 U.S.C. 2323(b)) is amended— 

(A) in paragraph (2)(A)— 

(i) by striking clause (i) and inserting the following: 

‘‘(i) Student attainment of the challenging State 

academic standards, as adopted by a State in accordance with section 1111(b)(1) of the Elementary and 

Secondary Education Act of 1965 and measured by 

the State determined levels of achievement on the 

academic assessments described in section 1111(b)(2) 

of such Act.’’; and 

(ii) in clause (iv), by striking ‘‘(as described in 

section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965)’’ and inserting ‘‘(as 

described in section 1111(c)(4)(A)(i)(I)(bb) of the 

Elementary and Secondary Education Act of 1965)’’; 

and 

(B) in paragraph (4)(C)(ii)(I), by striking ‘‘categories’’ 

and inserting ‘‘subgroups’’. 

(4) Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C. 

2324(d)(4)(A)(iii)(I)(aa)) is amended by striking ‘‘integrating 

those programs with academic content standards and student 

academic achievement standards, as adopted by States under 

section 1111(b)(1) of the Elementary and Secondary Education 

Act of 1965;’’ and inserting the following: ‘‘integrating those 

programs with challenging State academic standards, as 

adopted by States under section 1111(b)(1) of the Elementary 

and Secondary Education Act of 1965;’’. 

(5) Section 116(a)(5) (20 U.S.C. 2326(a)(5)) is amended by 

striking ‘‘section 7207 of the Native Hawaiian Education Act 

(20 U.S.C. 7517)’’ and inserting ‘‘section 6207 of the Native 

Hawaiian Education Act’’. 

(6) Section 122(c)(20 U.S.C. 2342(c)) is amended— 

(A) in paragraph (1)(I)(i), by striking ‘‘aligned with 

rigorous and challenging academic content standards and 

student academic achievement standards adopted by the 

State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘aligned with 

challenging State academic standards adopted by the State 

under section 1111(b)(1) of the Elementary and Secondary 

Education Act of 1965’’; and 
S. 1177—369 

(B) in paragraph (7)(A)(i), by striking ‘‘the core academic subjects (as defined in section 9101 of the 

Elementary and Secondary Education Act of 1965)’’ and 

inserting ‘‘a well-rounded education (as defined in section 

8101 of the Elementary and Secondary Education Act of 

1965)’’. 

(7) Section 124(b)(4)(A) (20 U.S.C. 2344(b)(4)(A)) is 

amended in paragraph (4)(A), by striking ‘‘the core academic 

subjects (as defined in section 9101 of the Elementary and 

Secondary Education Act of 1965)’’ and inserting ‘‘a wellrounded education (as defined in section 8101 of the Elementary 

and Secondary Education Act of 1965)’’. 

(8) Section 134(b)(3) (20 U.S.C. 2354(b)(3)) is amended— 

(A) in subparagraph (B)(i), by striking ‘‘the core academic subjects (as defined in section 9101 of the 

Elementary and Secondary Education Act of 1965)’’ and 

inserting ‘‘a well-rounded education (as defined in section 

8101 of the Elementary and Secondary Education Act of 

1965)’’; and 

(B) in subparagraph (E), by striking ‘‘in core academic 

subjects (as defined in section 9101 of the Elementary 

and Secondary Education Act of 1965)’’ and inserting ‘‘in 

order to provide a well-rounded education (as defined in 

section 8101 of the Elementary and Secondary Education 

Act of 1965)’’. 

(9) Section 135(b)(1)(A) (20 U.S.C. 2355(b)(1)(A)) is 

amended by striking ‘‘the core academic subjects (as defined 

in section 9101 of the Elementary and Secondary Education 

Act of 1965)’’ and inserting ‘‘a well-rounded education (as 

defined in section 8101 of the Elementary and Secondary Education Act of 1965)’’. 

(10) Section 203(c)(2)(D) (20 U.S.C. 2373(c)(2)(D)) is 

amended by striking ‘‘in core academic subjects (as defined 

in section 9101 of the Elementary and Secondary Education 

Act of 1965)’’ and inserting ‘‘as part of a well-rounded education 

(as defined in section 8101 of the Elementary and Secondary 

Education Act of 1965)’’. 

(o) CHILD ABUSE PREVENTION AND TREATMENT ACT.—Section 

111(3) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 

5106g(3)) is amended by striking ‘‘section 7207 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7517);’’ and 

inserting ‘‘section 6207 of the Elementary and Secondary Education 

Act of 1965;’’. 

(p) CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF

1990.—The Child Care and Development Block Grant Act of 1990 

(42 U.S.C. 9858 et seq.) is amended as follows: 

(1) Section 658E(c)(2)(G)(ii)(V)(dd) (42 U.S.C. 

9858c(c)(2)(G)(ii)(V)(dd)) is amended by striking ‘‘(as defined 

in section 7207 of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7517))’’ and inserting ‘‘(as defined in 

section 6207 of the Elementary and Secondary Education Act 

of 1965)’’. 

(2) Section 658P(5) (42 U.S.C. 9858n(5)) is amended by 

striking ‘‘an individual who is limited English proficient, as 

defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) or section 637 of the 

Head Start Act (42 U.S.C. 9832)’’ and inserting ‘‘an individual 
S. 1177—370 

who is an English learner, as defined in section 8101 of the 

Elementary and Secondary Education Act of 1965, or who is 

limited English proficient, as defined in section 637 of the 

Head Start Act (42 U.S.C. 9832)’’. 

(q) CHILDREN’S INTERNET PROTECTION ACT.—Section 1721(g) 

of the Children’s Internet Protection Act (20 U.S.C. 9134 note; 

114 Stat. 2763A-350), as enacted into law by section 1(a)(4) of 

the Consolidated Appropriations Act, 2001 (Public Law 106–554; 

114 Stat. 2763), is amended by striking ‘‘Notwithstanding any other 

provision of law, funds available under section 3134 or part A 

of title VI of the Elementary and Secondary Education Act of 

1965, or under section 231 of the Library Services and Technology 

Act, may be used for the purchase or acquisition of technology 

protection measures that are necessary to meet the requirements 

of this title and the amendments made by this title.’’ and inserting 

‘‘Notwithstanding any other provision of law, funds available under 

part B of title I of the Elementary and Secondary Education Act 

of 1965, or under section 231 of the Library Services and Technology 

Act, may be used for the purchase or acquisition of technology 

protection measures that are necessary to meet the requirements 

of this title and the amendments made by this title.’’. 

(r) CIVIL RIGHTS ACT OF 1964.—Section 606(2)(B) of the Civil 

Rights Act of 1964 (42 U.S.C. 2000d–4a(2)(B)) is amended by 

striking ‘‘a local educational agency (as defined in section 9101 

of the Elementary and Secondary Education Act of 1965),’’ and 

inserting ‘‘a local educational agency (as defined in section 8101 

of the Elementary and Secondary Education Act of 1965),’’. 

(s) COMMUNICATIONS ACT OF 1934.—Section 254(h) of the 

Communications Act of 1934 (47 U.S.C. 254(h)) is amended— 

(1) in paragraph (5)(A)(iii), by striking ‘‘an elementary or 

secondary school as defined in section 14101 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 8801)’’ and 

inserting ‘‘an elementary school or a secondary school as defined 

in section 8101 of the Elementary and Secondary Education 

Act of 1965’’; and 

(2) in paragraph (7)(A), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(t) COMMUNITY SERVICES BLOCK GRANT ACT.—Section 682(b)(4) 

of the Community Services Block Grant Act (42 U.S.C. 9923(b)(4)) 

is amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965)’’ and inserting ‘‘section 8101 of 

the Elementary and Secondary Education Act of 1965)’’. 

(u) CONGRESSIONAL AWARD ACT.—Section 203(3)(A) of the 

Congressional Award Act (2 U.S.C. 812(3)(A)) is amended by 

striking ‘‘section 14101 of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 8801)’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’. 

(v) DEPARTMENT OF EDUCATION ORGANIZATION ACT.—Section 

215(b)(2)(A) of the Department of Education Organization Act (20 

U.S.C. 3423c) is amended by striking ‘‘be responsible for administering this title’’ and inserting ‘‘be responsible for administering 

part A of title VI of the Elementary and Secondary Education 

Act of 1965’’. 

(w) DEPARTMENT OF ENERGY SCIENCE EDUCATION ENHANCE- MENT ACT.—Section 3181(a)(1) of the Department of Energy Science 
S. 1177—371 

Education Enhancement Act (42 U.S.C. 7381l(a)(1)) is amended 

by striking ‘‘with a high concentration of low-income individuals 

(as defined in section 1707 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537))’’ and inserting ‘‘in which 40 

percent or more of the students attending the school are children 

from low-income families’’. 

(x) DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES

APPROPRIATIONS ACT, 2001.—Section 303 of the Department of 

Transportation and Related Agencies Appropriations Act, 2001, (49 

U.S.C. 106 note; 114 Stat. 1356A-23), as enacted into law by section 

101(a) of the Act entitled ‘‘An Act making appropriations for the 

Department of Transportation and related agencies for the fiscal 

year ending September, 30, 2001, and for other purposes’’, approved 

October 23, 2000 (Public Law 106-346; 114 Stat. 1356), is amended 

by striking ‘‘except as otherwise authorized by title VIII of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 

et seq.), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside 

the continental United States at costs for any given area not in 

excess of those of the Department of Defense for the same area, 

when it is determined by the Secretary that the schools, if any, 

available in the locality are unable to provide adequately for the 

education of such dependents;’’ and inserting ‘‘except as otherwise 

authorized by title VII of the Elementary and Secondary Education 

Act of 1965, for expenses of primary and secondary schooling for 

dependents of Federal Aviation Administration personnel stationed 

outside the continental United States at costs for any given area 

not in excess of those of the Department of Defense for the same 

area, when it is determined by the Secretary that the schools, 

if any, available in the locality are unable to provide adequately 

for the education of such dependents;’’. 

(y) DISTRICT OF COLUMBIA COLLEGE ACCESS ACT OF 1999.— 

Section 3(c)(5) of the District of Columbia College Access Act of 

1999 (sec. 38-2702(c)(5), D.C. Official Code) is amended by striking 

‘‘section 14101 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 8801)’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’. 

(z) DISTRICT OF COLUMBIA SCHOOL REFORM ACT OF 1995.— 

Section 2210(a) of the District of Columbia School Reform Act 

of 1995 (sec. 38–1802.10(a), D.C. Official Code) is amended by 

striking paragraph (6) and inserting the following: 

‘‘(6) INAPPLICABILITY OF CERTAIN ESEA PROVISIONS.—The 

following provisions of the Elementary and Secondary Education Act of 1965 shall not apply to a public charter school: 

‘‘(A) Paragraph (4) of section 1112(b) and paragraph 

(1) of section 1112(c). 

‘‘(B) Section 1113. 

‘‘(C) Subsections (d) and (e) of section 1116. 

‘‘(D) Section 1117. 

‘‘(E) Subsections (c) and (e) of section 1118.’’. 

(aa) EARTHQUAKE HAZARDS.—Section 2(c)(1)(A) of the Act entitled ‘‘An Act to authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 

1999, and for other purposes’’, approved October 1, 1997 (42 U.S.C. 

7704 note) is amended by striking ‘‘section 9101 of the Elementary 

and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 

of the Elementary and Secondary Education Act of 1965’’. 
S. 1177—372 

(bb) EDUCATION AMENDMENTS OF 1972.—Section 908(2)(B) of 

the Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is 

amended by striking ‘‘9101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school 

system;’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965), system of vocational education, 

or other school system;’’. 

(cc) EDUCATION AMENDMENTS OF 1978.—Part B of title XI of 

the Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is 

amended as follows: 

(1) Section 1139(e) (25 U.S.C. 2019(e)) is amended by 

striking ‘‘part B of title I of the Elementary and Secondary 

Education Act of 1965’’ and inserting ‘‘subpart 2 of part B 

of title II of the Elementary and Secondary Education Act 

of 1965’’. 

(2) Section 1141(9) (25 U.S.C. 2021(9)) is amended by 

striking ‘‘the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 8801)’’ and inserting ‘‘the Elementary and Secondary 

Education Act of 1965’’. 

(dd) EDUCATION FOR ECONOMIC SECURITY ACT.—The Education 

for Economic Security Act (20 U.S.C. 3901 et seq.) is amended 

as follows: 

(1) Section 3 (20 U.S.C. 3902) is amended— 

(A) in paragraph (3), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965.’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965.’’; 

(B) in paragraph (7), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; 

(C) in paragraph (8), by striking ‘‘section 198(a)(7) of 

the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(D) in paragraph (12), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965.’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965.’’. 

(2) Section 511 (20 U.S.C. 4020) is amended— 

(A) by striking subparagraph (A) of paragraph (4) and 

inserting the following: 

‘‘(A) any local educational agency as defined in section 

8101 of the Elementary and Secondary Education Act of 

1965; and’’; and 

(B) by striking subparagraph (A) of paragraph (5) and 

inserting the following: 

‘‘(A) any elementary school or secondary school as 

defined in section 8101 of the Elementary and Secondary 

Education Act of 1965 owned and operated by one or more 

nonprofit corporations or associations no part of the net 

earnings of which inures, or may lawfully inure, to the 

benefit of any private shareholder or individual; and’’. 

(ee) EDUCATION OF THE DEAF ACT OF 1986.—Section 104(b)(5) 

of the Education of the Deaf Act of 1986 (20 U.S.C. 4304(b)(5)) 

is amended— 

(1) in subparagraph (A)— 
S. 1177—373 

(A) in clause (i), by striking ‘‘select challenging academic content standards, challenging student academic 

achievement standards, and academic assessments of a 

State, adopted and implemented, as appropriate, pursuant 

to paragraphs (1) and (3) of section 1111(b) of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311(b)(1) and (3))’’ and inserting ‘‘select challenging 

State academic content standards, aligned academic 

achievement standards, and State academic assessments 

of a State, adopted and implemented, as appropriate, 

pursuant to paragraphs (1) and (2) of section 1111(b) of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311(b)(1) and (2))’’; and 

(B) in clause (ii), by striking ‘‘2009–2010 academic 

year’’ and inserting ‘‘2016–2017 academic year’’; 

(2) by striking subparagraph (B) and inserting the following: 

‘‘(B) adopt the accountability system, consistent with 

section 1111(c) of such Act, of the State from which standards and assessments are selected under subparagraph 

(A)(i); and’’; and 

(3) in subparagraph (C), by striking ‘‘whether the programs 

at the Clerc Center are making adequate yearly progress’’ and 

inserting ‘‘the results of the annual evaluation of the programs 

at the Clerc Center’’. 

(ff) EDUCATION SCIENCES REFORM ACT OF 2002.—The Education 

Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended 

as follows: 

(1) Paragraph (1) of section 102 (20 U.S.C. 9501) is 

amended to read as follows: 

‘‘(1)(A) IN GENERAL.—The terms ‘elementary school’, ‘secondary school’, ‘local educational agency’, and ‘State educational 

agency’ have the meanings given those terms in section 8101 

of the Elementary and Secondary Education Act of 1965. 

‘‘(B) OUTLYING AREAS.—The term ‘outlying areas’ has the 

meaning given such term in section 1121(c) of such Act. 

‘‘(C) FREELY ASSOCIATED STATES.—The term ‘freely associated states’ means the Republic of the Marshall Islands, the 

Federated States of Micronesia, and the Republic of Palau.’’. 

(2) Section 173(b) (20 U.S.C. 9563(b)) is amended by 

striking ‘‘part E of title I of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6491 et seq.)’’ and inserting 

‘‘section 8601 of the Elementary and Secondary Education Act 

of 1965’’. 

(gg) EDUCATIONAL TECHNICAL ASSISTANCE ACT OF 2002.—The 

Educational Technical Assistance Act of 2002 (20 U.S.C. 9601 et 

seq.) is amended as follows: 

(1) Section 202 (20 U.S.C. 9601) is amended by striking 

‘‘section 9101 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7801)’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’. 

(2) Section 203 (20 U.S.C. 9602) is amended— 

(A) in subsection (a)(2)(B), by striking ‘‘the number 

of schools identified for school improvement (as described 

in section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b))’’ and inserting ‘‘the 

number of schools implementing comprehensive support 
S. 1177—374 

and improvement activities and targeted support and 

improvement activities under section 1111(d) of the 

Elementary and Secondary Education Act of 1965’’; 

(B) in subsection (e)(3), by striking ‘‘schools in the 

region that have been identified for school improvement 

under section 1116(b) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6316(b))’’ and inserting 

‘‘schools in the region that are implementing comprehensive 

support and improvement activities or targeted support 

and improvement activities under section 1111(d) of the 

Elementary and Secondary Education Act of 1965’’; and 

(C) in subsection (f)(1)(B), by striking ‘‘and encouraging 

and sustaining school improvement (as described in section 

1116(b) of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6316(b)))’’ and inserting ‘‘, and particularly assisting those schools implementing comprehensive 

support and improvement and targeted support and 

improvement activities under section 1111(d) of the 

Elementary and Secondary Education Act of 1965,’’. 

(hh) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Section 

108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 

U.S.C. 2618(a)(1)(A)) is amended by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965)’’ and inserting 

‘‘section 8101 of the Elementary and Secondary Education Act of 

1965)’’. 

(ii) FAMILY VIOLENCE PREVENTION AND SERVICES ACT.—Section 

302(6) of the Family Violence Prevention and Services Act (42 

U.S.C. 10402(6)) is amended by striking ‘‘section 7207 of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517).’’ 

and inserting ‘‘section 6207 of the Elementary and Secondary Education Act of 1965.’’. 

(jj) FDA FOOD SAFETY MODERNIZATION ACT.—Section 112(a)(2) 

of the FDA Food Safety Modernization Act (21 U.S.C. 2205(a)(2)) 

is amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801)’’ and inserting 

‘‘section 8101 of the Elementary and Secondary Education Act of 

1965’’. 

(kk) FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2001.—Section 363 of the Floyd D. Spence 

National Defense Authorization Act for Fiscal Year 2001 (20 U.S.C. 

7703a) is amended— 

(1) in subsection (a), by striking ‘‘subparagraph (A)(ii), (B), 

(D)(i) or (D)(ii) of section 8003(a)(1) of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1))’’ and 

inserting ‘‘subparagraph (A)(ii) or (B), or clause (i) or (ii) of 

subparagraph (D), of section 7003(a)(1)’’; and 

(2) in subsection (g), by striking ‘‘section 8013(9) of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7713(9)).’’ and inserting ‘‘section 7013 of the Elementary and 

Secondary Education Act of 1965.’’. 

(ll) FOOD AND AGRICULTURE ACT OF 1977.—Section 1417(j)(1)(B) 

of the Food and Agriculture Act of 1977 (7 U.S.C. 3152(j)(1)(B)) 

is amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’. 
S. 1177—375 

(mm) GENERAL EDUCATION PROVISIONS ACT.—The General 

Education Provisions Act (20 U.S.C. 1221 et seq.) is amended as 

follows: 

(1) Section 425(6) (20 U.S.C. 1226c(6)) is amended by 

striking ‘‘section 9601 of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8601 of the 

Elementary and Secondary Education Act of 1965’’. 

(2) Section 426 (20 U.S.C. 1228) is amended by striking 

‘‘title VIII of the Elementary and Secondary Education Act 

of 1965, but not including any portion of such funds as are 

attributable to children counted under section 8003(d) of such 

Act or residing on property described in section 8013(10) of 

such Act.’’ and inserting ‘‘title VII of the Elementary and Secondary Education Act of 1965, but not including any portion 

of such funds as are attributable to children counted under 

section 7003(d) of such Act or residing on property described 

in section 7013(10) of such Act.’’. 

(3) Section 429(d)(2)(B)(i) (20 U.S.C. 1228c(d)(2)(B)(i)) is 

amended by striking ‘‘an elementary or secondary school as 

defined by the Elementary and Secondary Education Act of 

1965’’ and inserting ‘‘an elementary or secondary school (as 

defined by the terms ‘elementary school’ and ‘secondary school’ 

in section 8101 of the Elementary and Secondary Education 

Act of 1965)’’. 

(4) Section 441(a) (20 U.S.C. 1232d(a)) is amended by 

striking ‘‘part C of title V of the Elementary and Secondary 

Education Act of 1965) to the Secretary a general application’’ 

and inserting ‘‘part D of title IV of the Elementary and Secondary Education Act of 1965) to the Secretary a general 

application’’. 

(5) Section 445(c)(5)(D) (20 U.S.C. 1232h(c)(5)(D)) is 

amended by striking ‘‘part A of title V’’ and inserting ‘‘part 

A of title IV’’. 

(nn) HEAD START ACT.—The Head Start Act (42 U.S.C. 9831 

et seq.) is amended as follows: 

(1) Section 637 (42 U.S.C. 9832) is amended— 

(A) in the paragraph relating to a delegate agency, 

by striking ‘‘section 9101 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7801)’’ and inserting 

‘‘section 8101 of the Elementary and Secondary Education 

Act of 1965’’; and 

(B) in subparagraph (A)(ii)(I) of the paragraph relating 

to limited English proficient, by striking ‘‘(as defined in 

section 9101 of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7801)), an Alaska Native, or a 

native resident of an outlying area (as defined in such 

section 9101);’’ and inserting ‘‘(as defined in section 8101 

of the Elementary and Secondary Education Act of 1965), 

an Alaska Native, or a native resident of an outlying area 

(as defined in such section 8101);’’. 

(2) Section 641(d)(2) (42 U.S.C. 9836(d)(2)) is amended— 

(A) in subparagraph (H)— 

(i) by striking clause (i); 

(ii) by redesignating clauses (ii) through (vii) as 

clauses (i) through (vi), respectively; and 

(iii) in clause (i) (as so redesignated)— 

(I) by striking ‘‘other’’; and 
S. 1177—376 

(II) by striking ‘‘that Act’’ and inserting ‘‘the 

Elementary and Secondary Education Act of 1965’’; 

and 

(B) in subparagraph (J)(iii), by striking ‘‘, such as entities carrying out Even Start programs under subpart 3 

of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.)’’. 

(3) Section 642 (42 U.S.C. 9837) is amended— 

(A) in subsection (b)(4), by striking ‘‘, such as entities 

carrying out Even Start programs under subpart 3 of part 

B of title I of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6381 et seq.)’’; and 

(B) in subsection (e)(3), by striking ‘‘Even Start programs under subpart 3 of part B of title I of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6381 

et seq.),’’. 

(4) Section 642A(a) (42 U.S.C. 9837a(a)) is amended— 

(A) in paragraph (7)(B), by striking ‘‘the information 

provided to parents of limited English proficient children 

under section 3302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7012)’’ and inserting ‘‘the 

information provided to parents of English learners under 

section 1112(e)(3) of the Elementary and Secondary Education Act of the 1965’’; and 

(B) in paragraph (8), by striking ‘‘parental involvement 

efforts under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)’’ and inserting 

‘‘parent and family engagement efforts under title I of 

the Elementary and Secondary Education Act of 1965’’. 

(5) Section 648(a)(3)(A)(iii) (42 U.S.C. 9843(a)(3)(A)(iii)) is 

amended by striking ‘‘, and for activities described in section 

1222(d) of the Elementary and Secondary Education Act of 

1965),’’. 

(6) Section 657B(c)(1)(B)(vi) (42 U.S.C. 9852b(c)(1)(B)(vi)) 

is amended— 

(A) by striking subclause (III); 

(B) by redesignating subclauses (IV) through (VII) as 

subclauses (III) through (VI), respectively; and 

(C) in subclause (III) (as so redesignated)— 

(i) by striking ‘‘other’’; and 

(ii) by striking ‘‘that Act’’ and inserting ‘‘the 

Elementary and Secondary Education Act of 1965’’. 

(oo) HIGHER EDUCATION ACT OF 1965.—The Higher Education 

Act of 1965 (20 U.S.C. 1001 et seq.) is amended as follows: 

(1) Section 103 (20 U.S.C. 1003) is amended— 

(A) in paragraph (9), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; 

(B) in paragraph (10), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; 

(C) in paragraph (11), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; 
S. 1177—377 

(D) in paragraph (16), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(E) in paragraph (21), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(2) Section 200 (20 U.S.C. 1021) is amended— 

(A) in paragraph (3), by striking ‘‘The term ‘core academic subjects’ has the meaning given the term in section 

9101 of the Elementary and Secondary Education Act of 

1965’’ and inserting ‘‘The term ‘core academic subjects’ 

means English, reading or language arts, mathematics, 

science, foreign languages, civics and government, 

economics, arts, history, and geography’’; 

(B) in paragraph (5), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; 

(C) in paragraph (6)(B), by striking ‘‘section 5210 of 

the Elementary and Secondary Education Act of 1965)’’ 

and inserting ‘‘section 4310 of the Elementary and Secondary Education Act of 1965)’’; 

(D) by striking paragraph (7) and inserting the following: 

‘‘(7) ESSENTIAL COMPONENTS OF READING INSTRUCTION.— The term ‘essential components of reading instruction’ has the 

meaning given the term in section 1208 of the Elementary 

and Secondary Education Act of 1965 as such section was 

in effect on the day before the date of enactment of the Every 

Student Succeeds Act.’’; 

(E) by striking paragraph (8) and inserting the following: 

‘‘(8) EXEMPLARY TEACHER.—The term ‘exemplary teacher’ 

has the meaning given the term in section 9101 of the 

Elementary and Secondary Education Act of 1965 as such section was in effect on the day before the date of enactment 

of the Every Student Succeeds Act.’’; 

(F) in paragraph (10)(A)— 

(i) in clause (iii), by striking ‘‘section 6211(b) of 

the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 5211(b) of the Elementary and 

Secondary Education Act of 1965’’; and 

(ii) in clause (iv), by striking ‘‘section 6221(b) of 

the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 5221(b) of the Elementary and 

Secondary Education Act of 1965’’; 

(G) in paragraph (15), by striking ‘‘The term ‘limited 

English proficient’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act 

of 1965.’’ and inserting ‘‘The term ‘limited English proficient’ has the meaning given the term ‘English learner’ 

in section 8101 of the Elementary and Secondary Education 

Act of 1965.’’; 

(H) in paragraph (16), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965’’ 
S. 1177—378 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(I) in paragraph (19), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965.’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965.’’. 

(3) Section 202 (20 U.S.C. 1022a) is amended in subsection 

(b)(6)(E)(ii), by striking ‘‘student academic achievement standards and academic content standards under section 1111(b)(1) 

of the Elementary and Secondary Education Act of 1965,’’ and 

inserting ‘‘challenging State academic standards under section 

1111(b)(1) of the Elementary and Secondary Education Act 

of 1965,’’. 

(4) Section 205(b)(1)(C) (20 U.S.C. 1022d(b)(1)(C)) is 

amended by striking ‘‘are aligned with the State’s challenging 

academic content standards required under section 1111(b)(1) 

of the Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘are aligned with the challenging State academic 

standards required under section 1111(b)(1) of the Elementary 

and Secondary Education Act of 1965’’. 

(5) Section 241 (20 U.S.C. 1033)) is amended by striking 

paragraph (2) and inserting the following: 

‘‘(2) SCIENTIFICALLY BASED READING RESEARCH.—The term 

‘scientifically based reading research’— 

‘‘(A) means research that applies rigorous, systemic, 

and objective procedures to obtain valid knowledge relevant 

to reading development, reading instruction, and reading 

difficulties; and 

‘‘(B) includes research that— 

‘‘(i) employs systemic, empirical methods that draw 

on observation or experiment; 

‘‘(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the 

general conclusions drawn; 

‘‘(iii) relies on measurements or observational 

methods that provide valid data across evaluators and 

observers and across multiple measurements and 

observations; and 

‘‘(iv) has been accepted by a peer-reviewed journal 

or approved by a panel of independent experts through 

a comparably rigorous, objective, and scientific 

review.’’. 

(6) Section 317(b) (20 U.S.C. 1059d(b)) is amended— 

(A) in paragraph (1), by striking ‘‘section 7306 of the 

Elementary and Secondary Education Act of 1965;’’ and 

inserting ‘‘section 6306 of the Elementary and Secondary 

Education Act of 1965;’’; and 

(B) in paragraph (3), by striking ‘‘section 7207 of the 

Elementary and Secondary Education Act of 1965; and’’ 

and inserting ‘‘section 6207 of the Elementary and Secondary Education Act of 1965; and’’. 

(7) Section 402E(d)(2) (20 U.S.C. 1070a–15(d)(2)) is 

amended— 

(A) in subparagraph (A), by striking ‘‘Alaska Natives, 

as defined in section 7306 of the Elementary and Secondary 

Education Act of 1965;’’ and inserting ‘‘Alaska Natives, 
S. 1177—379 

as defined in section 6306 of the Elementary and Secondary 

Education Act of 1965;’’; and 

(B) in subparagraph (B), by striking ‘‘Native Hawaiians, as defined in section 7207 of such Act’’ and inserting 

‘‘Native Hawaiians, as defined in section 6207 of such 

Act’’. 

(8) Section 428K (20 U.S.C. 1078–11) is amended in subsection (b)— 

(A) in paragraph (5)(B)(iv), by striking ‘‘section 9101 

of the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(B) by striking paragraph (8) and inserting the following: 

‘‘(8) SCHOOL COUNSELORS.—The individual— 

‘‘(A) is employed full-time as a school counselor who 

has documented competence in counseling children and 

adolescents in a school setting and who— 

‘‘(i) is licensed by the State or certified by an 

independent professional regulatory authority; 

‘‘(ii) in the absence of such State licensure or certification, possesses national certification in school 

counseling or a specialty of counseling granted by an 

independent professional organization; or 

‘‘(iii) holds a minimum of a master’s degree in 

school counseling from a program accredited by the 

Council for Accreditation of Counseling and Related 

Educational Programs or the equivalent; and 

‘‘(B) is so employed in a school that qualifies under 

section 465(a)(2)(A) for loan cancellation for Perkins loan 

recipients who teach in such a school.’’. 

(9) Section 469(a) (20 U.S.C. 1087ii(a)) is amended by 

striking ‘‘eligible to be counted under title I of the Elementary 

and Secondary Education Act of 1965’’ and inserting ‘‘eligible 

to be counted under section 1124(c) of the Elementary and 

Secondary Education Act of 1965’’. 

(10) Section 481(f) (20 U.S.C. 1088(f)) is amended by 

striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’. 

(11) Section 819(b) (20 U.S.C. 1161j) is amended— 

(A) in paragraph (1), by striking ‘‘section 7306 of the 

Elementary and Secondary Education Act of 1965.’’ and 

inserting ‘‘section 6306 of the Elementary and Secondary 

Education Act of 1965.’’; and 

(B) in paragraph (4), by striking ‘‘section 7207 of the 

Elementary and Secondary Education Act of 1965.’’ and 

inserting ‘‘section 6207 of the Elementary and Secondary 

Education Act of 1965.’’. 

(12) Section 861(c)(2)(A) (20 U.S.C. 1161q(c)(2)(A)) is 

amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965)’’ and inserting ‘‘section 8101 

of the Elementary and Secondary Education Act of 1965)’’. 

(pp) IMPACT AID IMPROVEMENT ACT OF 2012.—Section 563(c)(1) 

of the National Defense Authorization Act for Fiscal Year 2013 

(Public Law 112–239; 126 Stat. 1748; 20 U.S.C. 7702 note) as 
S. 1177—380 

amended by section 7001(a), is further amended by striking ‘‘Notwithstanding section 8005(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7705(d)), subsection (b)(1), and the 

amendments made by subsection (b)(1), shall take effect with 

respect to applications submitted under section 8002 of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) 

for fiscal year 2010.’’ and inserting ‘‘With respect to applications 

submitted under section 8002 of the Elementary and Secondary 

Education Act of 1965, as such section was in effect on the day 

before the date of enactment of the Every Student Succeeds Act, 

for fiscal year 2010, title VIII of the Elementary and Secondary 

Education Act of 1965 (including the amendments made by subsection (b)(1)), as in effect on such date, and subsection (b)(1) 

shall take effect with respect to such applications, notwithstanding 

section 8005(d) of such Act, as in effect on such date.’’. 

(qq) INDIAN HEALTH CARE IMPROVEMENT ACT.—Section 

726(b)(3)(D)(iii) of the Indian Health Care Improvement Act (25 

U.S.C. 1667e(b)(3)(D)(iii)) is amended by striking ‘‘a school receiving 

payments under section 8002 or 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702, 7703).’’ and inserting 

‘‘a school receiving payments under section 7002 or 7003 of the 

Elementary and Secondary Education Act of 1965.’’. 

(rr) INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE

ACT.—Section 209 of the Indian Self-Determination and Education 

Assistance Act (25 U.S.C. 458e) is amended by striking ‘‘assistance 

provided under title IX of the Elementary and Secondary Education 

Act of 1965.’’ and inserting ‘‘assistance provided under title VI 

of the Elementary and Secondary Education Act of 1965.’’. 

(ss) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—The 

Individuals with Disabilities Education Act is amended as follows: 

(1) Section 602 (20 U.S.C. 1401) is amended— 

(A) by striking paragraph (4); 

(B) in paragraph (8)(a)(3), by striking ‘‘under parts 

A and B of title III of that Act’’ and inserting ‘‘under 

part A of title III of that Act’’; and 

(C) by striking paragraph (18) and inserting the following: 

‘‘(18) LIMITED ENGLISH PROFICIENT.—The term ‘limited 

English proficient’ has the meaning given the term ‘English 

learner’ in section 8101 of the Elementary and Secondary Education Act of 1965.’’. 

(2) Section 611(e) (20 U.S.C. 1411(e)) is amended— 

(A) in paragraph (2)(C)— 

(i) in clause (x), by striking ‘‘6111 of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘1201 of the Elementary and Secondary Education Act of 1965’’; and 

(ii) in clause (xi)— 

(I) by striking ‘‘including supplemental educational services as defined in 1116(e) of the 

Elementary and Secondary Education Act of 1965 

to children with disabilities, in schools or local 

educational agencies identified for improvement 

under section 1116 of the Elementary and Secondary Education Act of 1965 on the sole basis 

of the assessment results of the disaggregated subgroup of children with disabilities’’ and inserting 
S. 1177—381 

‘‘including direct student services described in section 1003A(c)(3) of the Elementary and Secondary 

Education Act of 1965 to children with disabilities, 

to schools or local educational agencies implementing comprehensive support and improvement 

activities or targeted support and improvement 

activities under section 1111(d) of the Elementary 

and Secondary Education Act of 1965 on the basis 

of consistent underperformance of the 

disaggregated subgroup of children with disabilities’’; and 

(II) by striking ‘‘to meet or exceed the objectives established by the State under section 

1111(b)(2)(G) the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘based on the 

challenging academic standards described in section 1111(b)(1) of such Act’’; and 

(B) in paragraph (3)(C)(ii)(I)(bb), by striking ‘‘section 

9101’’ and inserting ‘‘section 8101’’. 

(3) Section 612(a) (20 U.S.C. 1412(a)) is amended— 

(A) in paragraph (15)— 

(i) in subparagraph (A), by striking clause (ii) and 

inserting the following: 

‘‘(ii) are the same as the State’s long-term goals 

and measurements of interim progress for children 

with disabilities under section 1111(c)(4)(A)(i) of the 

Elementary and Secondary Education Act of 1965;’’; 

(ii) in subparagraph (B), by striking ‘‘including 

measurable annual objectives for progress by children 

with disabilities under section 1111(b)(2)(C)(v)(II)’’ and 

inserting ‘‘including measurements of interim progress 

for children with disabilities under section 

1111(c)(4)(A)(i)’’; and 

(B) in paragraph (16)(C)(ii)— 

(i) in subclause (I), by striking ‘‘State’s challenging 

academic content standards and challenging student 

academic achievement standards’’ and inserting ‘‘challenging State academic content standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and alternate academic achievement 

standards under section 1111(b)(1)(E) of such Act’’; 

and 

(ii) in subclause (II), by striking ‘‘the regulations 

promulgated to carry out section 1111(b)(1) of the 

Elementary and Secondary Education Act of 1965,’’ 

and inserting ‘‘section 1111(b)(1)(E) of the Elementary 

and Secondary Education Act of 1965,’’. 

(4) Section 613(a) (20 U.S.C. 1413(a)) is amended in paragraph (3), by striking ‘‘subject to the requirements of section 

612(a)(14) and section 2122 of the Elementary and Secondary 

Education Act of 1965’’ and inserting ‘‘subject to the requirements of section 612(a)(14) and section 2102(b) of the 

Elementary and Secondary Education Act of 1965’’. 

(5) Section 614(b)(5)(A) (20 U.S.C. 1414(b)(5)(A)) is 

amended by inserting ‘‘, as such section was in effect on the 

day before the date of enactment of the Every Student Succeeds 

Act’’ after ‘‘1965’’. 
S. 1177—382 

(6) Section 651(c)(5)(E) (20 U.S.C. 1451(c)(5)(E)) is amended 

by striking ‘‘and 2112,’’ and inserting ‘‘and 2101(d)’’. 

(7) Section 653(b)(3) (20 U.S.C. 1453(b)(3)) is amended by 

striking ‘‘and 2112,’’ and inserting ‘‘and 2101(d),’’. 

(8) Section 654 (20 U.S.C. 1454) is amended— 

(A) in subsection (a)— 

(i) in paragraph (1)(B), by striking ‘‘challenging 

State student academic achievement and functional 

standards and with the requirements for professional 

development, as defined in section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘challenging State academic achievement 

standards and with the requirements for professional 

development, as defined in section 8101 of such Act’’; 

and 

(ii) in paragraph (5)(A), by striking ‘‘section 9101 

of the Elementary and Secondary Education Act of 

1965’’ and inserting ‘‘section 8101 of the Elementary 

and Secondary Education Act of 1965’’; and 

(B) in subsection (b)(10), by inserting ‘‘(as such section 

was in effect on the day before the date of enactment 

of the Every Student Succeeds Act)’’ after ‘‘1965’’. 

(9) Section 662(b)(2)(A)(viii) (20 U.S.C. 1462(b)(2)(A)(viii)) 

is amended by striking ‘‘section 7113(d)(1)(A)(ii)’’ and inserting 

‘‘section 6113(d)(1)(A)(ii)’’. 

(10) Section 663(b)(2) (20 U.S.C. 1463(b)(2)) is amended 

by striking and inserting the following: 

‘‘(2) improving the alignment, compatibility, and development of valid and reliable assessments and alternate assessments for assessing student academic achievement, as described 

under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965;’’. 

(11) Section 681(d)(3)(K) (20 U.S.C. 1481(d)(3)(K)) is 

amended by striking ‘‘payments under title VIII of the 

Elementary and Secondary Education Act of 1965;’’ and 

inserting ‘‘payments under title VII of the Elementary and 

Secondary Education Act of 1965;’’. 

(tt) NATIONAL SECURITY ACT OF 1947.—Section 1015(2)(A) of 

the National Security Act of 1947 (50 U.S.C. 441j-4(2)(A)) is 

amended by striking ‘‘section 9101(26) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)));’’ and inserting 

‘‘section 8101 of the Elementary and Secondary Education Act of 

1965);’’. 

(uu) INTERNAL REVENUE CODE OF 1986.—The Internal Revenue 

Code of 1986 is amended as follows: 

(1) Section 54E(d)(2) is amended by striking ‘‘section 9101 

of the Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(2) Section 457(e)(11)(D)(ii)(I) is amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7801)’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’. 

(3) Section 1397E(d)(4)(B) is amended by striking ‘‘section 

9101 of the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’. 
S. 1177—383 

(vv) JAMES MADISON MEMORIAL FELLOWSHIP ACT.—Section 

815(4) of the James Madison Memorial Fellowship Act (20 U.S.C. 

4514(4)) is amended by striking ‘‘9101’’ and inserting ‘‘8101’’. 

(ww) JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2007.—Section 572(c) of the National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 

Stat. 2226) is amended by striking ‘‘section 8013(9) of the 

Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 

7713(9))’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(xx) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1987.—Section 

104(3)(B)(ii) of the Legislative Branch Appropriations Act, 1987 

(as incorporated by reference in section 101(j) of Public Law 99– 

500 and Public Law 99–591) (2 U.S.C. 5540(3)(B)(ii)) is amended 

by striking ‘‘given such terms in section 9101’’ and inserting ‘‘given 

the terms elementary school and secondary school in section 8101’’. 

(yy) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1997.—Section 

5(d)(1) of the Legislative Branch Appropriations Act, 1997 (2 U.S.C. 

66319(d)(1)) is amended by striking ‘‘public elementary or secondary 

school as such terms are defined in section 9101’’ and inserting 

‘‘elementary school or secondary school, as such terms are defined 

in section 8101’’. 

(zz) MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.—Section 

725(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11434a(3)) is amended by striking ‘‘section 9101 of the Elementary 

and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 

of the Elementary and Secondary Education Act of 1965’’. 

(aaa) MUSEUM AND LIBRARY SERVICES ACT.—The Museum and 

Library Services Act (20 U.S.C. 9161 et seq.) is amended as follows: 

(1) Section 204(f) (20 U.S.C. 9103(f)) is amended by striking 

paragraph (1) and inserting the following: 

‘‘(1) activities under section 2226 of the Elementary and 

Secondary Education Act of 1965;’’. 

(2) Section 224(b)(6)(A) (20 U.S.C. 9134(b)(6)(A)) is 

amended by striking ‘‘including coordination with the activities 

within the State that are supported by a grant under section 

1251 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 6383)’’ and inserting ‘‘including coordination with 

the activities within the State that are supported by a grant 

under section 2226 of the Elementary and Secondary Education 

Act of 1965’’. 

(3) Section 261 (20 U.S.C. 9161) is amended by striking 

‘‘represent Native Hawaiians (as the term is defined in section 

7207 of the Native Hawaiian Education Act’’ and inserting 

‘‘represent Native Hawaiians (as the term is defined in section 

6207 of the Native Hawaiian Education Act)’’. 

(4) Section 274(d) (20 U.S.C. 9173(d)) is amended by 

striking ‘‘represent Native Hawaiians (as defined in section 

7207 of the Native Hawaiian Education Act (20 U.S.C. 7517)),’’ 

and inserting ‘‘represent Native Hawaiians (as defined in section 6207 of the Native Hawaiian Education Act),’’. 

(bbb) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—The 

National and Community Service Act of 1990 (42 U.S.C. 12501 

et seq.) is amended as follows: 

(1) Section 101 (42 U.S.C. 12511) is amended— 

(A) in paragraph (15), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965’’ 
S. 1177—384 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; 

(B) in paragraph (24), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; 

(C) in paragraph (39), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(D) in paragraph (45), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965’’ 

and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(2) Section 112(a)(1)(F) (42 U.S.C. 12523(a)(1)(F)) is 

amended by striking ‘‘not making adequate yearly progress 

for two or more consecutive years under section 1111 of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6301 et seq.)’’ and inserting ‘‘implementing comprehensive support and improvement activities or targeted support and 

improvement activities under section 1111(d) of the Elementary 

and Secondary Education Act of 1965’’. 

(3) Section 119(a)(2)(A)(ii)(II) (42 U.S.C. 12563) is amended 

by striking ‘‘the graduation rate (as defined in section 

1111(b)(2)(C)(vi) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified in 

applicable regulations promulgated by the Department of Education’’ and inserting ‘‘the four-year adjusted cohort graduation 

rate (as defined in section 8101 of the Elementary and Secondary Education Act of 1965)’’. 

(4) Section 122(a)(1) (42 U.S.C. 12572(a)(1)) is amended 

in subparagraph (C)(iii), by striking ‘‘secondary school graduation rates as defined in section 1111(b)(2)(C)(vi) of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6311(b)(2)(C)(vi)) and as clarified in applicable regulations 

promulgated by the Department of Education’’ and inserting 

‘‘four-year adjusted cohort graduation rate (as defined in section 

8101 of the Elementary and Secondary Education Act of 1965)’’. 

(ccc) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2006.—Section 572 of the National Defense Authorization Act for 

Fiscal Year 2006 (20 U.S.C. 7703b) is amended— 

(1) in subsection (a)(2), by striking ‘‘section 8003(a)(1) of 

the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7703(a)(1)).’’ and inserting ‘‘section 7003(a)(1) of the Elementary 

and Secondary Education Act of 1965.’’; and 

(2) in subsection (e)(2), by striking ‘‘section 8013(9) of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7713(9)).’’ and inserting ‘‘section 7013(9) of the Elementary 

and Secondary Education Act of 1965.’’. 

(ddd) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2012.—Section 532(a)(1) of the National Defense Authorization Act 

for Fiscal Year 2012 (Public Law 112–81) (10 U.S.C. 503 note; 

125 Stat. 1403(a)(1)) is amended by striking ‘‘(as defined in section 

9101(38) of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801(38)).’’ and inserting ‘‘(as defined in section 8101 

of the Elementary and Secondary Education Act of 1965).’’. 
S. 1177—385 

(eee) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2014.—Section 573 of the National Defense Authorization Act for 

Fiscal Year 2014 (Public Law 113–66) (10 U.S.C. 503 note; 127 

Stat. 772) is amended— 

(1) in subsection (a)(1), by striking ‘‘(as defined in section 

9101(38) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 7801(38)),’’ and inserting ‘‘(as defined in section 

8101 of the Elementary and Secondary Education Act of 1965),’’; 

and 

(2) in subsection (b), by striking ‘‘(as defined in section 

9101(38) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 7801(38))’’ and inserting ‘‘(as defined in section 

8101 of the Elementary and Secondary Education Act of 1965)’’. 

(fff) NATIONAL ENVIRONMENTAL EDUCATION ACT.—Section 3(5) 

of the National Environmental Education Act (20 U.S.C. 5502(5)) 

is amended by striking ‘‘ ‘local educational agency’ means any education agency as defined in section 9101 of the Elementary and 

Secondary Education Act of 1965 and shall include any tribal education agency;’’ and inserting ‘‘ ‘local educational agency’ means 

any education agency as defined in section 8101 of the Elementary 

and Secondary Education Act of 1965 and shall include any tribal 

education agency;’’. 

(ggg) NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF

2002.—The National Science Foundation Authorization Act of 2002 

(Public Law 107–368; 116 Stat. 3034) is amended as follows: 

(1) Section 4 (42 U.S.C. 1862n note) is amended— 

(A) in paragraph (3), by striking ‘‘The term ‘community 

college’ has the meaning given such term in section 3301(3) 

of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7011(3))’’ and inserting ‘‘The term ‘community 

college’ means an institution of higher education as defined 

in section 101 of the Higher Education Act of 1965 that 

provides not less than a 2-year degree that is acceptable 

for full credit toward a bachelor’s degree, including institutions of higher education receiving assistance under the 

Tribally Controlled College or University Assistance Act 

of 1978’’; 

(B) in paragraph (5), by striking ‘‘section 9101(18) of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801(18))’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’; 

(C) in paragraph (10), by striking ‘‘section 9101(26) 

of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801(26))’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’; 

(D) in paragraph (13), by striking ‘‘section 9101(38) 

of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801(38))’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’; and 

(E) in paragraph (15), by striking ‘‘section 9101(41) 

of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801(41))’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’. 

(2) Section 9 (42 U.S.C. 1862n) is amended— 

(A) in subsection (a)(10)(A)(iii) in subclause (III), by 

striking ‘‘(as described in section 1114(a)(1) of the 

Elementary and Secondary Education Act of 1965 (20 
S. 1177—386 

U.S.C. 6314(a)(1))’’ and inserting ‘‘(as described in section 

1114(a)(1)(A))’’; and 

(B) in subsection (c)(4), by striking ‘‘the program 

authorized under part B of title II of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.)’’ 

and inserting ‘‘other programs with similar purposes’’. 

(hhh) NATIONAL SECURITY ACT OF 1947.—Section 1015(2)(A) 

of the National Security Act of 1947 (50 U.S.C. 3205(2)(A)) is 

amended by striking ‘‘(as that term is defined in section 9101(26) 

of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801(26)))’’ and inserting ‘‘(as that term is defined in section 8101 

of the Elementary and Secondary Education Act of 1965)’’. 

(iii) NATIVE AMERICAN LANGUAGES ACT.—Section 103 of the 

Native American Languages Act (25 U.S.C. 2902) is amended— 

(1) in paragraph (2), by striking ‘‘section 7151(3) of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 6151(3) of the Elementary and Secondary 

Education Act of 1965’’; and 

(2) in paragraph (3), by striking ‘‘section 7207 of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 6207 of the Elementary and Secondary Education Act of 1965’’. 

(jjj) NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT.—Section 6(c)(4) of the Native Hawaiian Health Care Improvement Act 

(42 U.S.C. 11705(c)(4)) is amended by striking ‘‘private educational 

organization identified in section 7202(16) of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 7512(16)) to continue 

to offer its educational programs and services to Native Hawaiians 

(as defined in section 7207 of that Act (20 U.S.C. 7517)) first 

and to others’’ and inserting ‘‘private educational organization 

identified in section 7202(16) of the Elementary and Secondary 

Education Act of 1965 (as such section was in effect on the day 

before the date of enactment of the Every Student Succeeds Act) 

to continue to offer its educational programs and services to Native 

Hawaiians (as defined in section 6207 of the Elementary and Secondary Education Act of 1965) first and to others’’. 

(kkk) PUBLIC HEALTH SERVICE ACT.—The Public Health Service 

Act is amended as follows: 

(1) Section 319C–1(b)(2)(A)(vii) (42 U.S.C. 247d– 

3a(b)(2)(A)(vii)) is amended by striking ‘‘including State educational agencies (as defined in section 9101(41) of the 

Elementary and Secondary Education Act of 1965)’’ and 

inserting ‘‘including State educational agencies (as defined in 

section 8101 of the Elementary and Secondary Education Act 

of 1965)’’. 

(2) Section 399L(d)(3)(A) (42 U.S.C. 280g(d)(3)(A)) is 

amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 

of the Elementary and Secondary Education Act of 1965’’. 

(3) Section 520E(l)(2) (42 U.S.C. 290bb–36(l)(2)) is amended 

by striking ‘‘elementary or secondary school (as such terms 

are defined in section 9101 of the Elementary and Secondary 

Education Act of 1965)’’ and inserting ‘‘elementary school or 

secondary school (as such terms are defined in section 8101 

of the Elementary and Secondary Education Act of 1965)’’. 

(lll) REFUGEE EDUCATION ASSISTANCE ACT OF 1980.—Section 

101(1) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 
S. 1177—387 

1522 note) is amended by striking ‘‘such terms under section 9101 

of the Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘such terms under section 8101 of the Elementary and 

Secondary Education Act of 1965’’. 

(mmm) REHABILITATION ACT OF 1973.—The Rehabilitation Act 

of 1973 (29 U.S.C. 701 et seq.) is amended as follows: 

(1) Section 202(b)(4)(A)(i) (29 U.S.C. 762(b)(4)(A)(i)) is 

amended by striking ‘‘(as defined in section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801)); and’’ and inserting ‘‘(as defined in section 8101 of the 

Elementary and Secondary Education Act of 1965); and’’. 

(2) Section 206 (29 U.S.C. 766) is amended by striking 

‘‘(as such terms are defined in section 9101 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7801))’’ and 

inserting ‘‘(as such terms are defined in section 8101 of the 

Elementary and Secondary Education Act of 1965)’’. 

(3) Section 504(b)(2)(B) (29 U.S.C. 794(b)(2)(B)) is amended 

by striking ‘‘(as defined in section 9101 of the Elementary 

and Secondary Education Act of 1965)’’ and inserting ‘‘(as 

defined in section 8101 of the Elementary and Secondary Education Act of 1965)’’. 

(4)(A) Section 511(b)(2) (29 U.S.C. 794g(b)(2)), as added 

by section 458 of the Workforce Innovation and Opportunity 

Act (Public Law 113–128; 128 Stat. 1676), is amended by 

striking ‘‘local educational agency (as defined in section 9101 

of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)) or a State educational agency (as defined in 

such section)’’ and inserting ‘‘local educational agency (as 

defined in section 8101 of the Elementary and Secondary Education Act of 1965) or a State educational agency (as defined 

in such section)’’. 

(B) The amendment made by subparagraph (A) shall take 

effect on the same date as section 458(a) of the Workforce 

Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 

1676) takes effect, and as if enacted as part of such section. 

(nnn) RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT.— The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 

et seq.) is amended in section 12(d)(4) (42 U.S.C. 1769a(d)(4)) by 

striking ‘‘section 9101 of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7801)’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’. 

(ooo) SAFE DRINKING WATER ACT.—Section 1461 of the Safe 

Drinking Water Act (42 U.S.C. 300j–21(3)) is amended— 

(1) in paragraph (3), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(2) in paragraph (6), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(ppp) SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT.— The Scholarships for Opportunity and Results Act (division C of 

Public Law 112–10; sec. 38–1853.01 et seq., D.C. Official Code) 

is amended as follows: 

(1) In section 3003 (sec. 38–1853.03, D.C. Official Code), 

by striking ‘‘identified for improvement, corrective action, or 
S. 1177—388 

restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316)’’ and inserting 

‘‘implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act 

of 1965’’. 

(2) In section 3006(1)(A) (sec. 38–1853.06(1)(A), D.C. Official Code), by striking ‘‘identified for improvement, corrective 

action, or restructuring under section 1116 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6316)’’ and 

inserting ‘‘implementing comprehensive support and improvement activities or targeted support and improvement activities 

under section 1111(d) of the Elementary and Secondary Education Act of 1965’’. 

(3) In section 3007 (sec. 38–1853.07, D.C. Official Code)— 

(A) in subsection (a)(4)(F), by striking ‘‘ensures that, 

with respect to core academic subjects (as such term is 

defined in section 9101(11) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(11))’’ and 

inserting ‘‘ensures that, with respect to core academic subjects (as such term was defined in section 9101(11) of 

the Elementary and Secondary Act of 1965 (20 U.S.C. 

7801(11)) on the day before the date of enactment of the 

Every Student Succeeds Act)’’; and 

(B) in subsection (d), by striking ‘‘identified for 

improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6316)’’ and inserting ‘‘implementing 

comprehensive support and improvement activities or targeted support and improvement activities under section 

1111(d) of the Elementary and Secondary Education Act 

of 1965’’. 

(4) In section 3013 (sec. D.C. Code 38–1853.13, D.C. Official 

Code)— 

(A) in paragraph (5), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary 

and Secondary Education Act of 1965’’; and 

(B) in paragraph (8), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary 

and Secondary Education Act of 1965’’. 

(qqq) SOCIAL SECURITY ACT.—The Social Security Act (42 U.S.C. 

301 et seq.) is amended as follows: 

(1) Section 475(1)(G)(ii)(I) (42 U.S.C. 675(1)(G)(ii)(I)) is 

amended by striking ‘‘local educational agencies (as defined 

under section 9101 of the Elementary and Secondary Education 

Act of 1965)’’ and inserting ‘‘local educational agencies (as 

defined under section 8101 of the Elementary and Secondary 

Education Act of 1965)’’. 

(2) Section 2110(c)(9)(B)(v) (42 U.S.C. 1397jj(c)(9)(B)(v)) is 

amended by striking ‘‘as defined under section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘as defined under section 8101 of the Elementary 

and Secondary Education Act of 1965’’. 

(rrr) STATE DEPENDENT CARE DEVELOPMENT GRANTS ACT.— Section 670G(6) of the State Dependent Care Development Grants 
S. 1177—389 

Act (42 U.S.C. 9877(6)) is amended by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965 of the 

Elementary and Secondary Education Act of 1965’’ and inserting 

‘‘section 8101 of the Elementary and Secondary Education Act of 

1965’’. 

(sss) STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF

1980.—Section 5(c)(8) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704(c)(8)) is amended— 

(1) in subparagraph (D), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; 

(2) in subparagraph (G), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(3) in subparagraph (H), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(ttt) TELECOMMUNICATIONS ACT OF 1996.—Section 706(d)(2) of 

the Telecommunications Act of 1996 (47 U.S.C. 1302(d)(2)) is 

amended by striking ‘‘section 9101 of the Elementary and Secondary 

Education Act of 1965’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’. 

(uuu) TITLE 10, UNITED STATES CODE.—Title 10, United States 

Code, is amended as follows: 

(1) Section 503 of title 10, United States Code, is amended 

by striking ‘‘section 9101 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7801)’’ and inserting ‘‘section 

8101 of the Elementary and Secondary Education Act of 1965’’. 

(2) Section 1154(a) of title 10, United States Code, is 

amended— 

(A) in paragraph (1), by striking ‘‘section 5210(1) of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7221i(1))’’ and inserting ‘‘section 4310 of the 

Elementary and Secondary Education Act of 1965’’; 

(B) in paragraph (3)(C), by striking ‘‘section 6211(b) 

of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7345(b))’’ and inserting ‘‘section 5211(b) of the 

Elementary and Secondary Education Act of 1965’’; and 

(C) in paragraph (8), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary 

and Secondary Education Act of 1965’’. 

(3) Section 2008 of title 10, United States Code, is amended 

by striking ‘‘section 8013(3) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7713(3)), or to carry out 

section 8008 of such Act (20 U.S.C. 7708)’’ and inserting ‘‘section 

7013(3) of the Elementary and Secondary Education Act of 

1965, or to carry out section 7008 of such Act’’. 

(4) Section 2194(f)(2) of title 10, United States Code, is 

amended by striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)’’ and inserting 

‘‘section 8101 of the Elementary and Secondary Education Act 

of 1965’’. 
S. 1177—390 

(vvv) TITLE 23, UNITED STATES CODE.—Section 504(d)(4) of 

title 23, United States Code, is amended— 

(1) in subparagraph (B), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’; and 

(2) in subparagraph (C), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801)’’ and inserting ‘‘section 8101 of the Elementary and Secondary Education Act of 1965’’. 

(www) TITLE 40, UNITED STATES CODE.—Section 502(c)(3)(C) 

of title 40, United States Code, is amended by striking ‘‘section 

8013 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7713)’’ and inserting ‘‘section 7013 of the Elementary 

and Secondary Education Act of 1965’’. 

(xxx) TOXIC SUBSTANCES CONTROL ACT.—The Toxic Substances 

Control Act (15 U.S.C. 2601 et seq.) is amended as follows: 

(1) Section 202 (15 U.S.C. 2642) is amended— 

(A) in paragraph (7), by striking ‘‘section 9101 of the 

Elementary and Secondary Education Act of 1965’’ and 

inserting ‘‘section 8101 of the Elementary and Secondary 

Education Act of 1965’’; 

(B) in paragraph (9), by striking ‘‘any elementary or 

secondary school (as defined in section 9101 of the 

Elementary and Secondary Education Act of 1965)’’ and 

inserting ‘‘any elementary school or secondary school (as 

defined in section 8101 of the Elementary and Secondary 

Education Act of 1965)’’; and 

(C) in paragraph (12), by striking ‘‘elementary or secondary school as defined in section 9101 of the Elementary 

and Secondary Education Act of 1965’’ and inserting 

‘‘elementary school or secondary school as defined in section 

8101 of the Elementary and Secondary Education Act of 

1965’’. 

(2) Section 302(1) (15 U.S.C. 2662(1)) is amended by 

striking ‘‘section 9101 of the Elementary and Secondary Education Act of 1965’’ and inserting ‘‘section 8101 of the 

Elementary and Secondary Education Act of 1965’’. 

(yyy) WORKFORCE INNOVATION AND OPPORTUNITY ACT.—The 

Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) 

is amended as follows: 

(1) Section 3 (29 U.S.C. 3102) is amended— 

(A) in paragraph (34), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary 

and Secondary Education Act of 1965’’; and 

(B) in paragraph (55), by striking ‘‘section 9101 of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801)’’ and inserting ‘‘section 8101 of the Elementary 

and Secondary Education Act of 1965’’. 

(2) Section 102(b)(2)(D)(ii)(I) (29 U.S.C. 3112(b)(2)(D)(ii)(I)) 

is amended by striking ‘‘with State-adopted challenging academic content standards, as adopted under section 1111(b)(1) 

of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311(b)(1))’’ and inserting ‘‘with challenging State academic standards, as adopted under section 1111(b)(1) of the 
S. 1177—391 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6311(b)(1))’’. 

(3) Section 129(c)(1)(C) (29 U.S.C. 3164(c)(1)(C)) is amended 

by striking ‘‘(based on State academic content and student 

academic achievement standards established under section 

1111 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 6311))’’ and inserting ‘‘(based on challenging State 

academic standards established under section 1111(b)(1) of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6311(b)(1))’’. 

(4) Section 166(b)(3) (29 U.S.C. 3221(b)(3)) is amended by 

striking ‘‘section 7207 of the Native Hawaiian Education Act 

(20 U.S.C. 7517).’’ and inserting ‘‘section 6207 of the Native 

Hawaiian Education Act.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.