114TH CONGRESS 

1ST SESSION S. 1177 

AN ACT 

To reauthorize the Elementary and Secondary Education 

Act of 1965 to ensure that every child achieves. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Every Child Achieves 

3 Act of 2015’’. 

4 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of purpose. 

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

1965. 

TITLE I—IMPROVING BASIC PROGRAMS OPERATED BY STATE 

AND LOCAL EDUCATIONAL AGENCIES 

Sec. 1001. Statement of purpose. 

Sec. 1002. Authorization of appropriations. 

Sec. 1003. School intervention and support and State administration. 

Sec. 1004. Basic program requirements. 

Sec. 1005. Parent and family engagement. 

Sec. 1006. Participation of children enrolled in private schools. 

Sec. 1007. Supplement, not supplant. 

Sec. 1008. Coordination requirements. 

Sec. 1009. Grants for the outlying areas and the Secretary of the Interior. 

Sec. 1010. Allocations to States. 

Sec. 1011. Equity grants. 

Sec. 1011A. Adequacy of funding rule. 

Sec. 1011B. Education finance incentive grant program. 

Sec. 1011C. Special allocation procedures. 

Sec. 1012. Academic assessments. 

Sec. 1013. Education of migratory children. 

Sec. 1014. Prevention and intervention programs for children and youth who 

are neglected, delinquent, or at-risk. 

Sec. 1015. General provisions. 

Sec. 1016. Report on subgroup sample size. 

Sec. 1017. Report on implementation of educational stability of children in foster care. 

Sec. 1018. Student privacy policy committee. 

Sec. 1019. Report on student home access to digital learning resources. 

TITLE II—HIGH-QUALITY TEACHERS, PRINCIPALS, AND OTHER 

SCHOOL LEADERS 

Sec. 2001. Transfer of certain provisions. 

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

and other school leaders. 

Sec. 2003. American history and civics education. 

Sec. 2004. Literacy education. 

Sec. 2005. Improving science, technology, engineering, and mathematics instruction and student achievement. 
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Sec. 2006. General provisions. 

TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS 

AND IMMIGRANT STUDENTS 

Sec. 3001. General provisions. 

Sec. 3002. Authorization of appropriations. 

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

achievement. 

Sec. 3004. Other provisions. 

Sec. 3005. American community survey research. 

TITLE IV—SAFE AND HEALTHY STUDENTS 

Sec. 4001. General provisions. 

Sec. 4002. Grants to States and local educational agencies. 

Sec. 4003. 21st century community learning centers. 

Sec. 4004. Elementary school and secondary school counseling programs. 

Sec. 4005. Physical education program. 

Sec. 4006. Family Engagement in Education Programs. 

TITLE V—EMPOWERING PARENTS AND EXPANDING 

OPPORTUNITY THROUGH INNOVATION 

Sec. 5001. General provisions. 

Sec. 5002. Public charter schools. 

Sec. 5003. Magnet schools assistance. 

Sec. 5004. Supporting high-ability learners and learning. 

Sec. 5005. Education innovation and research. 

Sec. 5006. Accelerated learning. 

Sec. 5007. Ready-to-Learn Television. 

Sec. 5008. Innovative technology expands children’s horizons (I–TECH). 

Sec. 5009. Literacy and arts education. 

Sec. 5010. Early learning alignment and improvement grants. 

Sec. 5011. Full-service community schools. 

Sec. 5012. Promise neighborhoods. 

TITLE VI—INNOVATION AND FLEXIBILITY 

Sec. 6001. Purposes. 

Sec. 6002. Improving academic achievement. 

Sec. 6003. Rural education initiative. 

Sec. 6004. General provisions. 

Sec. 6005. Review relating to rural local educational agencies. 

TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE 

EDUCATION 

Sec. 7001. Indian education. 

Sec. 7002. Native Hawaiian education. 

Sec. 7003. Alaska Native education. 

Sec. 7004. Native American language immersion schools and programs. 

Sec. 7005. Improving Indian student data collection, reporting, and analysis. 

Sec. 7006. Report on elementary and secondary education in rural or poverty 

areas of Indian country. 

Sec. 7007. Report on responses to Indian student suicides. 

TITLE VIII—IMPACT AID 
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Sec. 8001. Purpose. 

Sec. 8002. Amendment to Impact Aid Improvement Act of 2012. 

Sec. 8003. Payments relating to Federal acquisition of real property. 

Sec. 8004. Payments for eligible federally connected children. 

Sec. 8005. Policies and procedures relating to children residing on Indian 

lands. 

Sec. 8006. Application for payments under sections 8002 and 8003. 

Sec. 8007. Construction. 

Sec. 8008. Facilities. 

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

Sec. 8010. Definitions. 

Sec. 8011. Authorization of appropriations. 

TITLE IX—GENERAL PROVISIONS 

Sec. 9101. Definitions. 

Sec. 9102. Applicability to Bureau of Indian Education operated schools. 

Sec. 9102A. Consolidation of State administrative funds for elementary and 

secondary education programs. 

Sec. 9102B. Consolidation of funds for local administration. 

Sec. 9103. Consolidation of funds for local administration. 

Sec. 9104. Rural consolidated plan. 

Sec. 9105. Waivers of statutory and regulatory requirements. 

Sec. 9106. Plan approval process. 

Sec. 9107. Participation by private school children and teachers. 

Sec. 9108. Maintenance of effort. 

Sec. 9109. School prayer. 

Sec. 9110. Prohibitions on Federal Government and use of Federal funds. 

Sec. 9111. Armed forces recruiter access to students and student recruiting information. 

Sec. 9112. Prohibition on federally sponsored testing. 

Sec. 9113. Limitations on national testing or certification for teachers. 

Sec. 9114. Consultation with Indian tribes and tribal organizations. 

Sec. 9114A. Application for competitive grants from the Bureau of Indian Education. 

Sec. 9115. Outreach and technical assistance for rural local educational agencies. 

Sec. 9115A. Consultation with the Governor. 

Sec. 9115B. Local governance. 

Sec. 9115C. Rule of construction regarding travel to and from school. 

Sec. 9116. Evaluations. 

Sec. 9117. Prohibition on aiding and abetting sexual abuse. 

TITLE X—EDUCATION FOR HOMELESS CHILDREN AND YOUTHS; 

OTHER LAWS; MISCELLANEOUS 

PART A—EDUCATION FOR HOMELESS CHILDREN AND YOUTH

Sec. 10101. Statement of policy. 

Sec. 10102. Grants for State and local activities. 

Sec. 10103. Local educational agency subgrants. 

Sec. 10104. Secretarial responsibilities. 

Sec. 10105. Definitions. 

Sec. 10106. Authorization of appropriations. 

PART B—OTHER LAWS; MISCELLANEOUS
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Sec. 10201. Use of term ‘‘highly qualified’’ in other laws. 

Sec. 10202. Department staff. 

Sec. 10203. Report on Department actions to address Office of the Inspector 

General charter school reports. 

Sec. 10204. Comptroller General study on increasing effectiveness of existing 

services and programs intended to benefit children. 

Sec. 10205. Posthumous pardon. 

Sec. 10206. Education Flexibility Partnership Act of 1999 reauthorization. 

PART C—AMERICAN DREAM ACCOUNTS

Sec. 10301. Short title. 

Sec. 10302. Definitions. 

Sec. 10303. Grant program. 

Sec. 10304. Applications; priority. 

Sec. 10305. Authorized activities. 

Sec. 10306. Reports and evaluations. 

Sec. 10307. Eligibility to receive Federal student financial aid. 

Sec. 10308. Authorization of appropriations. 

Sec. 10309. Report on the reduction of the number and percentage of students 

who drop out of school. 

Sec. 10310. Report on Native American language medium education. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

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

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

8 SEC. 4. STATEMENT OF PURPOSE. 

9 The purpose of this Act is to enable States and local 

10 communities to improve and support our Nation’s public 

11 schools and ensure that every child has an opportunity to 

12 achieve. 

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

14 SECONDARY EDUCATION ACT OF 1965. 

15 Section 2 is amended to read as follows: 
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1 ‘‘SEC. 2. TABLE OF CONTENTS. 

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

‘‘Sec. 1. Short title. 

‘‘Sec. 2. Table of contents. 

‘‘Sec. 4. Education flexibility program. 

‘‘TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 

‘‘Sec. 1001. Statement of purpose. 

‘‘Sec. 1002. Authorization of appropriations. 

‘‘Sec. 1003. State administration. 

‘‘PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL

EDUCATIONAL AGENCIES

‘‘SUBPART 1—BASIC PROGRAM REQUIREMENTS

‘‘Sec. 1111. State plans. 

‘‘Sec. 1112. Local educational agency plans. 

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

‘‘Sec. 1114. School identification, interventions, and supports. 

‘‘Sec. 1115. Parent and family engagement. 

‘‘Sec. 1116. Participation of children enrolled in private schools. 

‘‘Sec. 1117. Fiscal requirements. 

‘‘Sec. 1118. Coordination requirements. 

‘‘SUBPART 2—ALLOCATIONS

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

‘‘Sec. 1122. Allocations to States. 

‘‘Sec. 1123. Equity grants. 

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

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

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

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

agencies in fiscal years after fiscal year 2001. 

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

‘‘Sec. 1126. Special allocation procedures. 

‘‘Sec. 1127. Carryover and waiver. 

‘‘PART B—ACADEMIC ASSESSMENTS

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

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

‘‘Sec. 1203. Audits of assessment systems. 

‘‘Sec. 1204. Funding. 

‘‘Sec. 1205. Innovative assessment and accountability demonstration authority. 

‘‘PART C—EDUCATION OF MIGRATORY CHILDREN

‘‘Sec. 1301. Program purpose. 

‘‘Sec. 1302. Program authorized. 

‘‘Sec. 1303. State allocations. 

‘‘Sec. 1304. State applications; services. 
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‘‘Sec. 1305. Secretarial approval; peer review. 

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

‘‘Sec. 1307. Bypass. 

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

‘‘Sec. 1309. Definitions. 

‘‘PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN

AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

‘‘Sec. 1401. Purpose and program authorization. 

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

‘‘SUBPART 1—STATE AGENCY PROGRAMS

‘‘Sec. 1411. Eligibility. 

‘‘Sec. 1412. Allocation of funds. 

‘‘Sec. 1413. State reallocation of funds. 

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

‘‘Sec. 1415. Use of funds. 

‘‘Sec. 1416. Institution-wide projects. 

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

‘‘Sec. 1418. Transition services. 

‘‘Sec. 1419. Evaluation; technical assistance; annual model program. 

‘‘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—GENERAL PROVISIONS

‘‘Sec. 1501. Federal regulations. 

‘‘Sec. 1502. Agreements and records. 

‘‘Sec. 1503. State administration. 

‘‘Sec. 1504. Prohibition against Federal mandates, direction, or control. 

‘‘Sec. 1505. Rule of construction on equalized spending. 

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

‘‘Sec. 2001. Purpose. 

‘‘Sec. 2002. Definitions. 

‘‘Sec. 2003. Authorization of appropriations. 

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

‘‘Sec. 2101. Formula grants to States. 
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‘‘Sec. 2102. Subgrants to local educational agencies. 

‘‘Sec. 2103. Local use of funds. 

‘‘Sec. 2104. Reporting. 

‘‘Sec. 2105. National activities of demonstrated effectiveness. 

‘‘Sec. 2106. Supplement, not supplant. 

‘‘PART B—TEACHER AND SCHOOL LEADER INCENTIVE PROGRAM

‘‘Sec. 2201. Purposes; definitions. 

‘‘Sec. 2202. Teacher and school leader incentive fund grants. 

‘‘Sec. 2203. Reports. 

‘‘PART C—AMERICAN HISTORY AND CIVICS EDUCATION

‘‘Sec. 2301. Program authorized. 

‘‘Sec. 2302. Teaching of traditional American history. 

‘‘Sec. 2303. Presidential and congressional academies for American history and 

civics. 

‘‘Sec. 2304. National activities. 

‘‘Sec. 2305. Authorization of appropriations. 

‘‘PART D—LITERACY EDUCATION FOR ALL, RESULTS FOR THE NATION

‘‘Sec. 2401. Purposes; definitions. 

‘‘Sec. 2402. Comprehensive literacy State development grants. 

‘‘Sec. 2403. Subgrants to eligible entities in support of birth through kindergarten entry literacy. 

‘‘Sec. 2404. Subgrants to eligible entities in support of kindergarten through 

grade 12 literacy. 

‘‘Sec. 2405. National evaluation and information dissemination. 

‘‘Sec. 2406. Supplement, not supplant. 

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

MATHEMATICS INSTRUCTION AND STUDENT ACHIEVEMENT. 

‘‘Sec. 2501. Purpose. 

‘‘Sec. 2502. Definitions. 

‘‘Sec. 2503. Grants; allotments. 

‘‘Sec. 2504. Applications. 

‘‘Sec. 2505. Authorized activities. 

‘‘Sec. 2506. Performance metrics; report; evaluation. 

‘‘Sec. 2507. Supplement, not supplant. 

‘‘Sec. 2508. Report on cybersecurity education. 

‘‘PART F—GENERAL PROVISIONS

‘‘Sec. 2601. 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. 
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‘‘SUBPART 1—GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION

AND LANGUAGE ENHANCEMENT

‘‘Sec. 3111. Formula grants to States. 

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

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

‘‘Sec. 3114. Within-State allocations. 

‘‘Sec. 3115. Subgrants to eligible entities. 

‘‘Sec. 3116. Local plans. 

‘‘SUBPART 2—ACCOUNTABILITY AND ADMINISTRATION

‘‘Sec. 3121. Reporting. 

‘‘Sec. 3122. Reporting requirements. 

‘‘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—SAFE AND HEALTHY STUDENTS 

‘‘PART A—GRANTS TO STATES AND LOCAL EDUCATIONAL AGENCIES

‘‘Sec. 4101. Purpose. 

‘‘Sec. 4102. Definitions. 

‘‘Sec. 4103. Formula grants to States. 

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

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

‘‘Sec. 4106. Supplement, not supplant. 

‘‘Sec. 4107. Prohibitions. 

‘‘Sec. 4108. Authorization of appropriations. 

‘‘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—ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING

PROGRAMS

‘‘Sec. 4301. Elementary school and secondary school counseling programs. 

‘‘PART D—PHYSICAL EDUCATION PROGRAM
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‘‘Sec. 4401. Purpose. 

‘‘Sec. 4402. Program authorized. 

‘‘Sec. 4403. Applications. 

‘‘Sec. 4404. Requirements. 

‘‘Sec. 4405. Administrative provisions. 

‘‘Sec. 4406. Supplement, not supplant. 

‘‘Sec. 4407. Authorization of appropriations. 

‘‘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. 

‘‘TITLE V—EMPOWERING PARENTS AND EXPANDING 

OPPORTUNITY THROUGH INNOVATION 

‘‘PART A—PUBLIC CHARTER SCHOOLS

‘‘Sec. 5101. Purpose. 

‘‘Sec. 5102. Program authorized. 

‘‘Sec. 5103. Grants to support high-quality charter schools. 

‘‘Sec. 5104. Facilities financing assistance. 

‘‘Sec. 5105. National activities. 

‘‘Sec. 5106. Federal formula allocation during first year and for successive enrollment expansions. 

‘‘Sec. 5107. Solicitation of input from charter school operators. 

‘‘Sec. 5108. Records transfer. 

‘‘Sec. 5109. Paperwork reduction. 

‘‘Sec. 5110. Definitions. 

‘‘Sec. 5111. Authorization of appropriations. 

‘‘PART B—MAGNET SCHOOLS ASSISTANCE

‘‘Sec. 5201. Findings and purpose. 

‘‘Sec. 5202. Definition. 

‘‘Sec. 5203. Program authorized. 

‘‘Sec. 5204. Eligibility. 

‘‘Sec. 5205. Applications and requirements. 

‘‘Sec. 5206. Priority. 

‘‘Sec. 5207. Use of funds. 

‘‘Sec. 5208. Limitations. 

‘‘Sec. 5209. Authorization of appropriations; reservation. 

‘‘PART C—SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING

‘‘Sec. 5301. Short title. 

‘‘Sec. 5302. Purpose. 

‘‘Sec. 5303. Rule of construction. 

‘‘Sec. 5304. Authorized programs. 

‘‘Sec. 5305. Program priorities. 

‘‘Sec. 5306. General provisions. 

‘‘Sec. 5307. Authorization of appropriations. 
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‘‘PART D—EDUCATION INNOVATION AND RESEARCH

‘‘Sec. 5401. Grants for education innovation and research. 

‘‘PART E—ACCELERATED LEARNING

‘‘Sec. 5501. Short title. 

‘‘Sec. 5502. Purposes. 

‘‘Sec. 5503. Funding distribution rule. 

‘‘Sec. 5504. Accelerated learning examination fee program. 

‘‘Sec. 5505. Accelerated learning incentive program grants. 

‘‘Sec. 5506. Supplement, not supplant. 

‘‘Sec. 5507. Definitions. 

‘‘Sec. 5508. Authorization of appropriations. 

‘‘PART F—READY-TO-LEARN TELEVISION

‘‘Sec. 5601. Ready-To-Learn. 

‘‘PART G—INNOVATIVE TECHNOLOGY EXPANDS CHILDREN’S HORIZONS (I– 

TECH) 

‘‘Sec. 5701. Purposes. 

‘‘Sec. 5702. Definitions. 

‘‘Sec. 5702A. Restriction. 

‘‘Sec. 5703. Technology grants program authorized. 

‘‘Sec. 5704. State applications. 

‘‘Sec. 5705. State use of grant funds. 

‘‘Sec. 5706. Local subgrants. 

‘‘Sec. 5707. Reporting. 

‘‘Sec. 5708. Authorization. 

‘‘PART H—LITERACY AND ARTS EDUCATION

‘‘Sec. 5801. Literacy and arts education. 

‘‘PART I—EARLY LEARNING ALIGNMENT AND IMPROVEMENT GRANTS

‘‘Sec. 5901. Purposes; definitions. 

‘‘Sec. 5902. Early learning alignment and improvement grants. 

‘‘Sec. 5903. Authorization of appropriations. 

‘‘PART J—INNOVATION SCHOOLS DEMONSTRATION AUTHORITY

‘‘Sec. 5910. Innovation schools. 

‘‘PART K—FULL-SERVICE COMMUNITY SCHOOLS

‘‘Sec. 5911. Short title. 

‘‘Sec. 5912. Purposes. 

‘‘Sec. 5913. Definition of full-service community school. 

‘‘Sec. 5914. Local programs. 

‘‘Sec. 5915. State programs. 

‘‘Sec. 5916. Advisory committee. 

‘‘Sec. 5917. General provisions. 

‘‘Sec. 5918. Authorization of appropriations. 

‘‘PART L—PROMISE NEIGHBORHOODS
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‘‘Sec. 5910. Short title. 

‘‘Sec. 5911. Purpose. 

‘‘Sec. 5912. Pipeline services defined. 

‘‘Sec. 5913. Program authorized. 

‘‘Sec. 5914. Eligible entities. 

‘‘Sec. 5915. Application requirements. 

‘‘Sec. 5916. Use of funds. 

‘‘Sec. 5917. Report and publicly available data. 

‘‘Sec. 5918. Performance accountability and evaluation. 

‘‘Sec. 5919. National activities. 

‘‘Sec. 5920. Authorization of appropriations. 

‘‘TITLE VI—FLEXIBILITY AND ACCOUNTABILITY 

‘‘Sec. 6001. Purposes. 

‘‘PART A—IMPROVING ACADEMIC ACHIEVEMENT

‘‘SUBPART 1—FUNDING TRANSFERABILITY FOR STATE AND LOCAL

EDUCATIONAL AGENCIES

‘‘Sec. 6111. Short title. 

‘‘Sec. 6112. Purpose. 

‘‘Sec. 6113. Transferability of funds. 

‘‘SUBPART 2—WEIGHTED STUDENT FUNDING FLEXIBILITY PILOT PROGRAM

‘‘Sec. 6121. Weighted student funding flexibility pilot program. 

‘‘PART B—RURAL EDUCATION INITIATIVE

‘‘Sec. 6201. Short title. 

‘‘Sec. 6202. Purpose. 

‘‘SUBPART 1—SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM

‘‘Sec. 6211. Use of applicable funding. 

‘‘Sec. 6212. Grant program authorized. 

‘‘Sec. 6213. Academic achievement assessments. 

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

‘‘Sec. 6221. Program authorized. 

‘‘Sec. 6222. Uses of funds. 

‘‘Sec. 6223. Applications. 

‘‘Sec. 6224. Accountability. 

‘‘Sec. 6225. Choice of participation. 

‘‘SUBPART 3—GENERAL PROVISIONS

‘‘Sec. 6231. Annual average daily attendance determination. 

‘‘Sec. 6232. Supplement, not supplant. 

‘‘Sec. 6233. Rule of construction. 

‘‘Sec. 6234. Authorization of appropriations. 

‘‘PART C—GENERAL PROVISIONS

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

‘‘Sec. 6302. Rule of construction on equalized spending. 
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‘‘TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE 

EDUCATION 

‘‘PART A—INDIAN EDUCATION

‘‘Sec. 7101. Statement of policy. 

‘‘Sec. 7102. Purpose. 

‘‘SUBPART 1—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

‘‘Sec. 7111. Purpose. 

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

‘‘Sec. 7113. Amount of grants. 

‘‘Sec. 7114. Applications. 

‘‘Sec. 7115. Authorized services and activities. 

‘‘Sec. 7116. Integration of services authorized. 

‘‘Sec. 7117. Student eligibility forms. 

‘‘Sec. 7118. Payments. 

‘‘Sec. 7119. State educational agency review. 

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

OPPORTUNITIES FOR INDIAN CHILDREN

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

youth. 

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

‘‘SUBPART 3—NATIONAL ACTIVITIES

‘‘Sec. 7131. National research activities. 

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

‘‘SUBPART 4—FEDERAL ADMINISTRATION

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

‘‘Sec. 7142. Peer review. 

‘‘Sec. 7143. Preference for Indian applicants. 

‘‘Sec. 7144. Minimum grant criteria. 

‘‘SUBPART 5—DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS

‘‘Sec. 7151. Definitions. 

‘‘Sec. 7152. Authorizations of appropriations. 

‘‘PART B—NATIVE HAWAIIAN EDUCATION

‘‘Sec. 7201. Short title. 

‘‘Sec. 7202. Findings. 

‘‘Sec. 7203. Purposes. 

‘‘Sec. 7204. Native Hawaiian Education Council. 

‘‘Sec. 7205. Program authorized. 

‘‘Sec. 7206. Administrative provisions. 

‘‘Sec. 7207. Definitions. 

‘‘PART C—ALASKA NATIVE EDUCATION

‘‘Sec. 7301. Short title. 

‘‘Sec. 7302. Findings. 
14 

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‘‘Sec. 7303. Purposes. 

‘‘Sec. 7304. Program authorized. 

‘‘Sec. 7305. Funds for administrative purposes. 

‘‘Sec. 7306. Definitions. 

‘‘PART D—NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE IMMERSION

SCHOOLS AND PROGRAMS

‘‘Sec. 7401. Native American and Alaska Native language immersion schools 

and programs. 

‘‘TITLE VIII—IMPACT AID 

‘‘Sec. 8001. Purpose. 

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

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

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

lands. 

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

‘‘Sec. 8007. Construction. 

‘‘Sec. 8008. Facilities. 

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

‘‘Sec. 8010. Federal administration. 

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

‘‘Sec. 8012. Forgiveness of overpayments. 

‘‘Sec. 8013. Definitions. 

‘‘Sec. 8014. Authorization of appropriations. 

‘‘TITLE IX—GENERAL PROVISIONS 

‘‘PART A—DEFINITIONS

‘‘Sec. 9101. Definitions. 

‘‘Sec. 9102. Applicability of title. 

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

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

FUNDS

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

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

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

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

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

LOCAL PLANS AND APPLICATIONS

‘‘Sec. 9301. Purpose. 

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

‘‘Sec. 9303. Consolidated reporting. 

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

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

‘‘Sec. 9306. Other general assurances. 

‘‘PART D—WAIVERS

‘‘Sec. 9401. Waivers of statutory and regulatory requirements. 
15 

†S 1177 ES

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

APPLICATIONS

‘‘Sec. 9451. Approval and disapproval of State plans. 

‘‘Sec. 9452. Approval and disapproval of local educational agency applications. 

‘‘PART F—UNIFORM PROVISIONS

‘‘SUBPART 1—PRIVATE SCHOOLS

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

‘‘Sec. 9502. Standards for by-pass. 

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

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

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

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

‘‘SUBPART 2—OTHER PROVISIONS

‘‘Sec. 9521. Maintenance of effort. 

‘‘Sec. 9522. Prohibition regarding State aid. 

‘‘Sec. 9523. Privacy of assessment results. 

‘‘Sec. 9524. School prayer. 

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

‘‘Sec. 9526. General prohibitions. 

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

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

information. 

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

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

‘‘Sec. 9531. Prohibition on nationwide database. 

‘‘Sec. 9532. Unsafe school choice option. 

‘‘Sec. 9533. Prohibition on discrimination. 

‘‘Sec. 9534. Civil rights. 

‘‘Sec. 9535. Rulemaking. 

‘‘Sec. 9536. Severability. 

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

‘‘Sec. 9538. Consultation with Indian tribes and tribal organizations. 

‘‘Sec. 9539. Prohibition on aiding and abetting sexual abuse. 

‘‘Sec. 9539A. Application for competitive grants from the Bureau of Indian 

Education. 

‘‘Sec. 9539B. Outreach and technical assistance for rural local educational 

agencies. 

‘‘Sec. 9539C. Rule of construction regarding travel to and from school. 

‘‘Sec. 9540. Consultation with the Governor. 

‘‘Sec. 9540A. Local governance. 

‘‘SUBPART 3—TEACHER LIABILITY PROTECTION

‘‘Sec. 9541. Short title. 

‘‘Sec. 9542. Purpose. 

‘‘Sec. 9543. Definitions. 

‘‘Sec. 9544. Applicability. 

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

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

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

‘‘Sec. 9548. Effective date. 
16 

†S 1177 ES

‘‘SUBPART 4—INTERNET SAFETY

‘‘Sec. 9551. Internet safety. 

‘‘SUBPART 5—GUN POSSESSION

‘‘Sec. 9561. Gun-free requirements. 

‘‘SUBPART 6—ENVIRONMENTAL TOBACCO SMOKE

‘‘Sec. 9571. Short title. 

‘‘Sec. 9572. Definitions. 

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

‘‘Sec. 9574. Preemption. 

‘‘PART G—EVALUATIONS

‘‘Sec. 9601. Evaluations.’’. 

1 TITLE I—IMPROVING BASIC PRO2 GRAMS OPERATED BY STATE 

3 AND LOCAL EDUCATIONAL 

4 AGENCIES 

5 SEC. 1001. STATEMENT OF PURPOSE. 

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

7 as follows: 

8 ‘‘SEC. 1001. STATEMENT OF PURPOSE. 

9 ‘‘The purpose of this title is to ensure that all chil10 dren have a fair, equitable, and significant opportunity to 

11 receive a high-quality education that prepares them for 

12 postsecondary education or the workforce, without the 

13 need for postsecondary remediation, and to close edu14 cational achievement gaps.’’. 

15 SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 

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

17 as follows: 
17 

†S 1177 ES

1 ‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 

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

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

4 to be appropriated such sums as may be necessary for 

5 each of fiscal years 2016 through 2021. 

6 ‘‘(b) STATE ASSESSMENTS.—For the purpose of car7 rying out part B, there are authorized to be appropriated 

8 such sums as may be necessary for each of fiscal years 

9 2016 through 2021. 

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

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

12 to be appropriated such sums as may be necessary for 

13 each of fiscal years 2016 through 2021. 

14 ‘‘(d) PREVENTION AND INTERVENTION PROGRAMS

15 FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DE16 LINQUENT, OR AT-RISK.—For the purpose of carrying out 

17 part D, there are authorized to be appropriated such sums 

18 as may be necessary for each of fiscal years 2016 through 

19 2021. 

20 ‘‘(e) FEDERAL ACTIVITIES.—For the purpose of car21 rying out evaluation activities related to title I under sec22 tion 9601, there are authorized to be appropriated such 

23 sums as may be necessary for each of fiscal years 2016 

24 through 2021. 

25 ‘‘(f) SCHOOL INTERVENTION AND SUPPORT.—For 

26 the purpose of carrying out section 1114, there are au-
18 

†S 1177 ES

1 thorized to be appropriated such sums as may be nec2 essary for each of fiscal years 2016 through 2021.’’. 

3 SEC. 1003. SCHOOL INTERVENTION AND SUPPORT AND 

4 STATE ADMINISTRATION. 

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

6 (1) by striking section 1003; 

7 (2) by redesignating section 1004 as section 

8 1003; and 

9 (3) in section 1003, as redesignated by para10 graph (2), by adding at the end the following: 

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

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

13 not more than 4 percent of the amount the State re14 ceives under subpart 2 of part A for a fiscal year to 

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

16 educational agency’s responsibilities under section 

17 1114(a), including carrying out the State edu18 cational agency’s statewide system of technical as19 sistance and support for local educational agencies. 

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

21 paragraph (1) for any fiscal year, the State edu22 cational agency— 

23 ‘‘(A) shall use not less than 95 percent of 

24 such amount by allocating such sums directly to 
19 

†S 1177 ES

1 local educational agencies for activities required 

2 under section 1114; or 

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

4 educational agency, directly provide for such ac5 tivities or arrange for their provision through 

6 other entities such as school support teams, 

7 educational service agencies, or other nonprofit 

8 or for-profit organizations that use evidence9 based strategies to improve student achieve10 ment, teaching, and schools. 

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

12 in allocating funds to local educational agencies 

13 under this subsection, shall give priority to local edu14 cational agencies that— 

15 ‘‘(A) serve the lowest-performing elemen16 tary schools and secondary schools, as identified 

17 by the State under section 1114; 

18 ‘‘(B) demonstrate the greatest need for 

19 such funds, as determined by the State; and 

20 ‘‘(C) demonstrate the strongest commit21 ment to using evidence-based interventions to 

22 enable the lowest-performing schools to improve 

23 student achievement and student outcomes. 

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

25 with local educational agencies in the State, the 
20 

†S 1177 ES

1 State educational agency determines that the 

2 amount of funds reserved to carry out this sub3 section for a fiscal year is greater than the amount 

4 needed to provide the assistance described in this 

5 subsection, the State educational agency shall allo6 cate the excess amount to local educational agencies 

7 in accordance with— 

8 ‘‘(A) the relative allocations the State edu9 cational agency made to those agencies for that 

10 fiscal year under subpart 2 of part A; or 

11 ‘‘(B) section 1126(c). 

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

13 other provision of this subsection, the amount of 

14 funds reserved by the State educational agency 

15 under this subsection for any fiscal year shall not 

16 decrease the amount of funds each local educational 

17 agency receives under subpart 2 of part A below the 

18 amount received by such local educational agency 

19 under such subpart for the preceding fiscal year. 

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

21 agency shall make publicly available a list of those 

22 schools that have received funds or services pursuant 

23 to this subsection and the percentage of students 

24 from each such school from families with incomes 

25 below the poverty line.’’. 
21 

†S 1177 ES

1 SEC. 1004. BASIC PROGRAM REQUIREMENTS. 

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

3 seq.) is amended— 

4 (1) by striking sections 1111 through 1117 and 

5 inserting the following: 

6 ‘‘SEC. 1111. STATE PLANS. 

7 ‘‘(a) PLANS REQUIRED.— 

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

9 receive a grant under this part, the State edu10 cational agency shall submit to the Secretary a plan, 

11 developed by the State educational agency with time12 ly and meaningful consultation with the Governor, 

13 representatives of the State legislature and State 

14 board of education (if the State has a State board 

15 of education), local educational agencies (including 

16 those located in rural areas), representatives of In17 dian tribes located in the State, teachers, principals, 

18 other school leaders, public charter school represent19 atives (if applicable), specialized instructional sup20 port personnel, paraprofessionals (including organi21 zations representing such individuals), administra22 tors, other staff, and parents, that— 

23 ‘‘(A) is coordinated with other programs 

24 under this Act, the Individuals with Disabilities 

25 Education Act, the Rehabilitation Act of 1973, 

26 the Carl D. Perkins Career and Technical Edu-
22 

†S 1177 ES

1 cation Act of 2006, the Workforce Innovation 

2 and Opportunity Act, the Head Start Act, the 

3 Child Care and Development Block Grant Act 

4 of 1990, the Education Sciences Reform Act of 

5 2002, the Education Technical Assistance Act, 

6 the National Assessment of Educational 

7 Progress Authorization Act, the McKinney8 Vento Homeless Assistance Act, and the Adult 

9 Education and Family Literacy Act; and 

10 ‘‘(B) describes how the State will imple11 ment evidence-based strategies for improving 

12 student achievement under this title and dis13 seminate that information to local educational 

14 agencies. 

15 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub16 mitted under paragraph (1) may be submitted as 

17 part of a consolidated plan under section 9302. 

18 ‘‘(3) PEER REVIEW AND SECRETARIAL AP19 PROVAL.— 

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

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

22 assist in the review of State plans; 

23 ‘‘(ii) establish multidisciplinary peer24 review teams and appoint members of such 

25 teams that— 
23 

†S 1177 ES

1 ‘‘(I) are representative of teach2 ers, principals, other school leaders, 

3 specialized instructional support per4 sonnel, State educational agencies, 

5 local educational agencies, and indi6 viduals and researchers with practical 

7 experience in implementing academic 

8 standards, assessments, or account9 ability systems, and meeting the needs 

10 of disadvantaged students, children 

11 with disabilities, students who are 

12 English learners, the needs of low-per13 forming schools, and other educational 

14 needs of students; 

15 ‘‘(II) include a balanced rep16 resentation of individuals who have 

17 practical experience in the classroom, 

18 school administration, or State or 

19 local government, such as direct em20 ployees of a school, local educational 

21 agency, or State educational agency 

22 within the preceding 5 years; and 

23 ‘‘(III) represent a regionally di24 verse cross-section of States; 
24 

†S 1177 ES

1 ‘‘(iii) make available to the public, in2 cluding by such means as posting to the 

3 Department’s website, the list of peer re4 viewers who will review State plans under 

5 this section; 

6 ‘‘(iv) ensure that the peer-review 

7 teams are comprised of varied individuals 

8 so that the same peer reviewers are not re9 viewing all of the State plans; and 

10 ‘‘(v) deem a State plan as approved 

11 within 90 days of its submission unless the 

12 Secretary presents substantial evidence 

13 that clearly demonstrates that such State 

14 plan does not meet the requirements of 

15 this section. 

16 ‘‘(B) PURPOSE OF PEER REVIEW.—The 

17 peer-review process shall be designed to— 

18 ‘‘(i) maximize collaboration with each 

19 State; 

20 ‘‘(ii) promote effective implementation 

21 of the challenging State academic stand22 ards through State and local innovation; 

23 and 

24 ‘‘(iii) provide publicly available, time25 ly, and objective feedback to States de-
25 

†S 1177 ES

1 signed to strengthen the technical and 

2 overall quality of the State plans. 

3 ‘‘(C) STANDARD AND NATURE OF RE4 VIEW.—Peer reviewers shall conduct an objec5 tive review of State plans in their totality and 

6 out of respect for State and local judgments, 

7 with the goal of supporting State- and local-led 

8 innovation and providing objective feedback on 

9 the technical and overall quality of a State plan. 

10 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

11 in this paragraph shall be construed as prohib12 iting the Secretary from appointing an indi13 vidual to serve as a peer reviewer on more than 

14 one peer-review team under subparagraph (A) 

15 or to review more than one State plan. 

16 ‘‘(4) STATE PLAN DETERMINATION, DEM17 ONSTRATION, AND REVISION.—If the Secretary de18 termines that a State plan does not meet the re19 quirements of this subsection or subsection (b) or 

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

21 the State plan— 

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

23 determination; 

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

25 specific requirements of this subsection or sub-
26 

†S 1177 ES

1 section (b) or (c) of the State plan that the Sec2 retary determines fails to meet such require3 ments; 

4 ‘‘(C) provide all peer-review comments, 

5 suggestions, recommendations, or concerns in 

6 writing to the State; 

7 ‘‘(D) offer the State an opportunity to re8 vise and resubmit its plan within 60 days of 

9 such determination, including the chance for 

10 the State to present substantial evidence to 

11 clearly demonstrate that the State plan meets 

12 the requirements of this part; 

13 ‘‘(E) provide technical assistance, upon re14 quest of the State, in order to assist the State 

15 to meet the requirements of this subsection or 

16 subsection (b) or (c); and 

17 ‘‘(F) conduct a public hearing within 30 

18 days of such resubmission, with public notice 

19 provided not less than 15 days before such 

20 hearing, unless the State declines the oppor21 tunity for such public hearing. 

22 ‘‘(5) STATE PLAN DISAPPROVAL.—The Sec23 retary shall have the authority to disapprove a State 

24 plan if the State has been notified and offered an 
27 

†S 1177 ES

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

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

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

6 plan that the Secretary determines does not 

7 meet the requirements of this part after a hear8 ing conducted under paragraph (4)(F), if appli9 cable. 

10 ‘‘(6) LIMITATIONS.— 

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

12 not have the authority to require a State, as a 

13 condition of approval of the State plan or revi14 sions or amendments to the State plan, to— 

15 ‘‘(i) include in, or delete from, such 

16 plan 1 or more specific elements of the 

17 challenging State academic standards; 

18 ‘‘(ii) use specific academic assessment 

19 instruments or items; 

20 ‘‘(iii) set specific State-designed goals 

21 or specific timelines for such goals for all 

22 students or each of the categories of stu23 dents, as defined in subsection (b)(3)(A); 

24 ‘‘(iv) assign any specific weight or 

25 specific significance to any measures or in-
28 

†S 1177 ES

1 dicators of student academic achievement 

2 or growth within State-designed account3 ability systems; 

4 ‘‘(v) include in, or delete from, such a 

5 plan any criterion that specifies, defines, or 

6 prescribes— 

7 ‘‘(I) the standards or measures 

8 that States or local educational agen9 cies use to establish, implement, or 

10 improve challenging State academic 

11 standards, including the content of, or 

12 achievement levels within, such stand13 ards; 

14 ‘‘(II) the specific types of aca15 demic assessments or assessment 

16 items that States and local edu17 cational agencies use to meet the re18 quirements of this part; 

19 ‘‘(III) any requirement that 

20 States shall measure student growth, 

21 the specific metrics used to measure 

22 student academic growth if a State 

23 chooses to measure student growth, or 

24 the specific indicators or methods to 

25 measure student readiness to enter 
29 

†S 1177 ES

1 postsecondary education or the work2 force; 

3 ‘‘(IV) any specific benchmarks, 

4 targets, goals, or metrics to measure 

5 nonacademic measures or indicators; 

6 ‘‘(V) the specific weight or spe7 cific significance of any measure or 

8 indicator of student academic achieve9 ment within State-designed account10 ability systems; 

11 ‘‘(VI) the specific goals States es12 tablish for student academic achieve13 ment or high school graduation rates, 

14 as described in subclauses (I) and (II) 

15 of subsection (b)(3)(B)(i); 

16 ‘‘(VII) any aspect or parameter 

17 of a teacher, principal, or other school 

18 leader evaluation system within a 

19 State or local educational agency; or 

20 ‘‘(VIII) indicators or specific 

21 measures of teacher, principal, or 

22 other school leader effectiveness or 

23 quality; or 

24 ‘‘(vi) require data collection beyond 

25 data derived from existing Federal, State, 
30 

†S 1177 ES

1 and local reporting requirements and data 

2 sources. 

3 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

4 in this paragraph shall be construed as author5 izing, requiring, or allowing any additional re6 porting requirements, data elements, or infor7 mation to be reported to the Secretary not oth8 erwise explicitly authorized under Federal law. 

9 ‘‘(7) PUBLIC REVIEW.—All written communica10 tions, feedback, and notifications under this sub11 section shall be conducted in a manner that is trans12 parent and immediately made available to the public 

13 through the website of the Department, including— 

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

15 State; 

16 ‘‘(B) peer-review comments; 

17 ‘‘(C) State plan determinations by the Sec18 retary, including approvals or disapprovals; and 

19 ‘‘(D) notices and transcripts of public 

20 hearings under this section. 

21 ‘‘(8) DURATION OF THE PLAN.— 

22 ‘‘(A) IN GENERAL.—Each State plan 

23 shall— 
31 

†S 1177 ES

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

2 of the State’s participation under this part 

3 or 7 years, whichever is shorter; and 

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

6 agency to reflect changes in the State’s 

7 strategies and programs under this part. 

8 ‘‘(B) ADDITIONAL INFORMATION.— 

9 ‘‘(i) IN GENERAL.—If a State makes 

10 significant changes to its plan at any time, 

11 such as the adoption of new challenging 

12 State academic standards, new academic 

13 assessments, or changes to its account14 ability system under subsection (b)(3), 

15 such information shall be submitted to the 

16 Secretary in the form of revisions or 

17 amendments to the State plan. 

18 ‘‘(ii) REVIEW OF REVISED PLANS.— 

19 The Secretary shall review the information 

20 submitted under clause (i) and approve or 

21 disapprove changes to the State plan with22 in 90 days in accordance with paragraphs 

23 (4) through (6) without undertaking the 

24 peer-review process under paragraph (3). 
32 

†S 1177 ES

1 ‘‘(iii) SPECIAL RULE FOR STAND2 ARDS.—If a State makes changes to its 

3 challenging State academic standards, the 

4 requirements of subsection (b)(1), includ5 ing the requirement that such standards 

6 need not be submitted to the Secretary 

7 pursuant to subsection (b)(1)(A), shall still 

8 apply. 

9 ‘‘(C) RENEWAL.—A State educational 

10 agency shall submit a revised plan every 7 years 

11 subject to the peer-review process under para12 graph (3). 

13 ‘‘(D) LIMITATION.—The Secretary shall 

14 not have the authority to place any new condi15 tions, requirements, or criteria for approval of 

16 a plan submitted for renewal under subpara17 graph (C) that are not otherwise authorized 

18 under this part. 

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

20 State fails to meet any of the requirements of this 

21 section, then the Secretary may withhold funds for 

22 State administration under this part until the Sec23 retary determines that the State has fulfilled those 

24 requirements. 
33 

†S 1177 ES

1 ‘‘(10) PUBLIC COMMENT.—Each State shall 

2 make the State plan publicly available for public 

3 comment for a period of not less than 30 days, by 

4 electronic means and in a computer friendly and eas5 ily accessible format, prior to submission to the Sec6 retary for approval under this subsection. The State 

7 shall provide an assurance that public comments 

8 were taken into account in the development of the 

9 State plan. 

10 ‘‘(b) CHALLENGING STATE ACADEMIC STANDARDS, 

11 ACADEMIC ASSESSMENTS, AND ACCOUNTABILITY SYS12 TEMS.— 

13 ‘‘(1) CHALLENGING STATE ACADEMIC STAND14 ARDS.— 

15 ‘‘(A) IN GENERAL.—Each State shall pro16 vide an assurance that the State has adopted 

17 challenging academic content standards and 

18 aligned academic achievement standards (re19 ferred to in this Act as ‘challenging State aca20 demic standards’), which achievement standards 

21 shall include not less than 3 levels of achieve22 ment, that will be used by the State, its local 

23 educational agencies, and its schools to carry 

24 out this part. A State shall not be required to 
34 

†S 1177 ES

1 submit such challenging State academic stand2 ards to the Secretary. 

3 ‘‘(B) SAME STANDARDS.—Except as pro4 vided in subparagraph (E), the standards re5 quired by subparagraph (A) shall be the same 

6 standards that the State applies to all public 

7 schools and public school students in the State. 

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

9 such standards in mathematics, reading or lan10 guage arts, and science, and any other subjects 

11 as determined by the State, which shall include 

12 the same knowledge, skills, and levels of 

13 achievement expected of all public school stu14 dents in the State. 

15 ‘‘(D) ALIGNMENT.—Each State shall dem16 onstrate that the challenging State academic 

17 standards are aligned with— 

18 ‘‘(i) entrance requirements, without 

19 the need for academic remediation, for the 

20 system of public higher education in the 

21 State; 

22 ‘‘(ii) relevant State career and tech23 nical education standards; and 

24 ‘‘(iii) relevant State early learning 

25 guidelines, as required under section 
35 

†S 1177 ES

1 658E(c)(2)(T) of the Child Care and De2 velopment Block Grant Act of 1990 (42 

3 U.S.C. 9858c(c)(2)(T)). 

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

6 MOST SIGNIFICANT COGNITIVE DISABILITIES.— 

7 ‘‘(i) IN GENERAL.—The State may, 

8 through a documented and validated 

9 standards-setting process, adopt alternate 

10 academic achievement standards for stu11 dents with the most significant cognitive 

12 disabilities, provided those standards— 

13 ‘‘(I) are aligned with the chal14 lenging State academic content stand15 ards under subparagraph (A); 

16 ‘‘(II) promote access to the gen17 eral curriculum, consistent with the 

18 purposes of the Individuals with Dis19 abilities Education Act, as stated in 

20 section 601(d) of such Act; 

21 ‘‘(III) reflect professional judg22 ment of the highest achievement 

23 standards attainable by those stu24 dents; 
36 

†S 1177 ES

1 ‘‘(IV) are designated in the indi2 vidualized education program devel3 oped under section 614(d)(3) of the 

4 Individuals with Disabilities Edu5 cation Act for each such student as 

6 the academic achievement standards 

7 that will be used for the student; and 

8 ‘‘(V) are aligned to ensure that a 

9 student who meets the alternate aca10 demic achievement standards is on 

11 track for further education or employ12 ment. 

13 ‘‘(ii) PROHIBITION ON ANY OTHER AL14 TERNATE OR MODIFIED ACADEMIC

15 ACHIEVEMENT STANDARDS.—A State shall 

16 not develop, or implement for use under 

17 this part, any alternate academic achieve18 ment standards for children with disabil19 ities that are not alternate academic 

20 achievement standards that meet the re21 quirements of clause (i). 

22 ‘‘(F) ENGLISH LANGUAGE PROFICIENCY

23 STANDARDS.—Each State plan shall dem24 onstrate that the State has adopted English 

25 language proficiency standards that are aligned 
37 

†S 1177 ES

1 with the challenging State academic standards 

2 under subparagraph (A). Such standards 

3 shall— 

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

5 domains of speaking, listening, reading, 

6 and writing; 

7 ‘‘(ii) address the different proficiency 

8 levels of children who are English learners; 

9 and 

10 ‘‘(iii) be aligned with the challenging 

11 State academic standards in reading or 

12 language arts, so that achieving proficiency 

13 in the State’s English language proficiency 

14 standards indicates a sufficient knowledge 

15 of English to measure validly and reliably 

16 the student’s achievement on the State’s 

17 reading or language arts standards. 

18 ‘‘(G) PROHIBITIONS.— 

19 ‘‘(i) STANDARDS REVIEW OR AP20 PROVAL.—A State shall not be required to 

21 submit any standards developed under this 

22 subsection to the Secretary for review or 

23 approval. 

24 ‘‘(ii) FEDERAL CONTROL.—The Sec25 retary shall not have the authority to man-
38 

†S 1177 ES

1 date, direct, control, coerce, or exercise any 

2 direction or supervision over any of the 

3 challenging State academic standards 

4 adopted or implemented by a State. 

5 ‘‘(H) EXISTING STANDARDS.—Nothing in 

6 this part shall prohibit a State from revising, 

7 consistent with this section, any standard 

8 adopted under this part before or after the date 

9 of enactment of the Every Child Achieves Act 

10 of 2015. 

11 ‘‘(2) ACADEMIC ASSESSMENTS.— 

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

13 demonstrate that the State educational agency, 

14 in consultation with local educational agencies, 

15 has implemented a set of high-quality statewide 

16 academic assessments that— 

17 ‘‘(i) includes, at a minimum, academic 

18 statewide assessments in mathematics, 

19 reading or language arts, and science; and 

20 ‘‘(ii) meets the requirements of sub21 paragraph (B). 

22 ‘‘(B) REQUIREMENTS.—The assessments 

23 under subparagraph (A) shall— 

24 ‘‘(i) except as provided in subpara25 graph (D), be— 
39 

†S 1177 ES

1 ‘‘(I) the same academic assess2 ments used to measure the achieve3 ment of all public elementary school 

4 and secondary school students in the 

5 State; and 

6 ‘‘(II) administered to all public 

7 elementary school and secondary 

8 school students in the State; 

9 ‘‘(ii) be aligned with the challenging 

10 State academic standards, and provide co11 herent and timely information about stu12 dent attainment of such standards and 

13 whether the student is performing at the 

14 student’s grade level; 

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

16 such assessments are valid and reliable, 

17 consistent with relevant, nationally recog18 nized professional and technical testing 

19 standards, objectively measure academic 

20 achievement, knowledge, and skills, and be 

21 tests that do not evaluate or assess per22 sonal or family beliefs and attitudes, or 

23 publicly disclose personally identifiable in24 formation; 
40 

†S 1177 ES

1 ‘‘(iv) be of adequate technical quality 

2 for each purpose required under this Act 

3 and consistent with the requirements of 

4 this section, the evidence of which is made 

5 public, including on the website of the 

6 State educational agency; 

7 ‘‘(v)(I) measure the annual academic 

8 achievement of all students against the 

9 challenging State academic standards in, 

10 at a minimum, mathematics and reading 

11 or language arts, and be administered— 

12 ‘‘(aa) in each of grades 3 

13 through 8; and 

14 ‘‘(bb) at least once in grades 9 

15 through 12; and 

16 ‘‘(II) measure the academic achieve17 ment of all students against the chal18 lenging State academic standards in 

19 science, and be administered not less than 

20 one time, during— 

21 ‘‘(aa) grades 3 through 5; 

22 ‘‘(bb) grades 6 through 9; and 

23 ‘‘(cc) grades 10 through 12; 

24 ‘‘(vi) involve multiple up-to-date meas25 ures of student academic achievement, in-
41 

†S 1177 ES

1 cluding measures that assess higher-order 

2 thinking skills and understanding, which 

3 may include measures of student academic 

4 growth and may be partially delivered in 

5 the form of portfolios, projects, or ex6 tended performance tasks; 

7 ‘‘(vii) provide for— 

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

10 ‘‘(II) the appropriate accom11 modations, such as interoperability 

12 with and ability to use assistive tech13 nology, for children with disabilities, 

14 as defined in section 602(3) of the In15 dividuals with Disabilities Education 

16 Act, and students with a disability 

17 who are provided accommodations 

18 under an Act other than the Individ19 uals with Disabilities Education Act, 

20 necessary to measure the academic 

21 achievement of such children relative 

22 to the challenging State academic 

23 standards; and 

24 ‘‘(III) the inclusion of English 

25 learners, who shall be assessed in a 
42 

†S 1177 ES

1 valid and reliable manner and pro2 vided appropriate accommodations on 

3 assessments administered to such stu4 dents under this paragraph, including, 

5 to the extent practicable, assessments 

6 in the language and form most likely 

7 to yield accurate data on what such 

8 students know and can do in academic 

9 content areas, until such students 

10 have achieved English language pro11 ficiency, as determined under para12 graph (1)(F); 

13 ‘‘(viii) at the State’s choosing— 

14 ‘‘(I) be administered through a 

15 single summative assessment; or 

16 ‘‘(II) be administered through 

17 multiple statewide assessments during 

18 the course of the year if the State can 

19 demonstrate that the results of these 

20 multiple assessments, taken in their 

21 totality, provide a summative score 

22 that provides valid and reliable infor23 mation on individual student achieve24 ment or growth; 
43 

†S 1177 ES

1 ‘‘(ix) notwithstanding clause (vii)(III), 

2 provide for assessments (using tests in 

3 English) of reading or language arts of 

4 any student who has attended school in the 

5 United States (not including the Common6 wealth of Puerto Rico) for 3 or more con7 secutive school years, except that if the 

8 local educational agency determines, on a 

9 case-by-case individual basis, that aca10 demic assessments in another language or 

11 form would likely yield more accurate and 

12 reliable information on what such student 

13 knows and can do, the local educational 

14 agency may make a determination to as15 sess such student in the appropriate lan16 guage other than English for a period that 

17 does not exceed 2 additional consecutive 

18 years, provided that such student has not 

19 yet reached a level of English language 

20 proficiency sufficient to yield valid and reli21 able information on what such student 

22 knows and can do on tests (written in 

23 English) of reading or language arts; 

24 ‘‘(x) produce individual student inter25 pretive, descriptive, and diagnostic reports, 
44 

†S 1177 ES

1 consistent with clause (iii), that allow par2 ents, teachers, principals, and other school 

3 leaders to understand and address the spe4 cific academic needs of students, and in5 clude information regarding achievement 

6 on academic assessments aligned with chal7 lenging State academic achievement stand8 ards, and that are provided to parents, 

9 teachers, principals, and other school lead10 ers as soon as is practicable after the as11 sessment is given, in an understandable 

12 and uniform format, and, to the extent 

13 practicable, in a language that the parents 

14 can understand; 

15 ‘‘(xi) enable results to be 

16 disaggregated within each State, local edu17 cational agency, and school, by— 

18 ‘‘(I) each major racial and ethnic 

19 group; 

20 ‘‘(II) economically disadvantaged 

21 students as compared to students who 

22 are not economically disadvantaged; 

23 ‘‘(III) children with disabilities as 

24 compared to children without disabil25 ities; 
45 

†S 1177 ES

1 ‘‘(IV) English proficiency status; 

2 ‘‘(V) gender; and 

3 ‘‘(VI) migrant status; 

4 ‘‘(xii) enable itemized score analyses 

5 to be produced and reported, consistent 

6 with clause (iii), to local educational agen7 cies and schools, so that parents, teachers, 

8 principals, other school leaders, and ad9 ministrators can interpret and address the 

10 specific academic needs of students as indi11 cated by the students’ achievement on as12 sessment items; and 

13 ‘‘(xiii) be developed, to the extent 

14 practicable, using the principles of uni15 versal design for learning. 

16 ‘‘(C) EXCEPTION TO DISAGGREGATION.— 

17 Notwithstanding subparagraph (B)(xi), the 

18 disaggregated results of assessments shall not 

19 be required in the case of a local educational 

20 agency or school if— 

21 ‘‘(i) the number of students in a cat22 egory described under subparagraph 

23 (B)(xi) is insufficient to yield statistically 

24 reliable information; or 
46 

†S 1177 ES

1 ‘‘(ii) the results would reveal person2 ally identifiable information about an indi3 vidual student. 

4 ‘‘(D) ALTERNATE ASSESSMENTS FOR STU5 DENTS WITH THE MOST SIGNIFICANT COG6 NITIVE DISABILITIES.— 

7 ‘‘(i) ALTERNATE ASSESSMENTS

8 ALIGNED WITH ALTERNATE ACADEMIC

9 ACHIEVEMENT STANDARDS.—A State may 

10 provide for alternate assessments aligned 

11 with the challenging State academic con12 tent standards and alternate academic 

13 achievement standards described in para14 graph (1)(E) for students with the most 

15 significant cognitive disabilities, if the 

16 State— 

17 ‘‘(I) ensures that for each sub18 ject, the total number of students as19 sessed in such subject using the alter20 nate assessments does not exceed 1 

21 percent of the total number of all stu22 dents in the State who are assessed in 

23 such subject; 

24 ‘‘(II) establishes and monitors 

25 implementation of clear and appro-
47 

†S 1177 ES

1 priate guidelines for individualized 

2 education program teams (as defined 

3 in section 614(d)(1)(B) of the Individ4 uals with Disabilities Education Act) 

5 to apply in determining, individually 

6 for each subject, when a child’s sig7 nificant cognitive disability justifies 

8 assessment based on alternate aca9 demic achievement standards; 

10 ‘‘(III) ensures that, consistent 

11 with the requirements of the Individ12 uals with Disabilities Education Act, 

13 parents are involved in the decision to 

14 use the alternate assessment for their 

15 child; 

16 ‘‘(IV) ensures that, consistent 

17 with the requirements of the Individ18 uals with Disabilities Education Act, 

19 students with the most significant 

20 cognitive disabilities are involved in 

21 and make progress in the general edu22 cation curriculum; 

23 ‘‘(V) describes in the State plan 

24 the appropriate accommodations pro-
48 

†S 1177 ES

1 vided to ensure access to the alternate 

2 assessment; 

3 ‘‘(VI) describes in the State plan 

4 the steps the State has taken to incor5 porate universal design for learning, 

6 to the extent feasible, in alternate as7 sessments; 

8 ‘‘(VII) ensures that general and 

9 special education teachers and other 

10 appropriate staff know how to admin11 ister assessments, including making 

12 appropriate use of accommodations, to 

13 children with disabilities; 

14 ‘‘(VIII) develops, disseminates in15 formation on, and promotes the use of 

16 appropriate accommodations to in17 crease the number of students with 

18 significant cognitive disabilities par19 ticipating in academic instruction and 

20 assessments and increase the number 

21 of students with significant cognitive 

22 disabilities who are tested against 

23 challenging State academic achieve24 ment standards; and 
49 

†S 1177 ES

1 ‘‘(IX) ensures that students who 

2 take alternate assessments based on 

3 alternate academic achievement stand4 ards are not precluded from attempt5 ing to complete the requirements for a 

6 regular high school diploma. 

7 ‘‘(ii) STUDENTS WITH THE MOST SIG8 NIFICANT COGNITIVE DISABILITIES.—In 

9 determining the achievement of students in 

10 the State accountability system, a State 

11 educational agency shall include, for all 

12 schools in the State, the performance of 

13 the State’s students with the most signifi14 cant cognitive disabilities on alternate as15 sessments as described in this subpara16 graph in the subjects included in the 

17 State’s accountability system, consistent 

18 with the 1 percent limitation of clause 

19 (i)(I). 

20 ‘‘(E) STATE AUTHORITY.—If a State edu21 cational agency provides evidence, which is sat22 isfactory to the Secretary, that neither the 

23 State educational agency nor any other State 

24 government official, agency, or entity has suffi25 cient authority, under State law, to adopt chal-
50 

†S 1177 ES

1 lenging State academic standards, and aca2 demic assessments aligned with such standards, 

3 which will be applicable to all students enrolled 

4 in the State’s public elementary schools and 

5 secondary schools, then the State educational 

6 agency may meet the requirements of this sub7 section by— 

8 ‘‘(i) adopting academic standards and 

9 academic assessments that meet the re10 quirements of this subsection, on a state11 wide basis, and limiting their applicability 

12 to students served under this part; or 

13 ‘‘(ii) adopting and implementing poli14 cies that ensure that each local educational 

15 agency in the State that receives grants 

16 under this part will adopt academic con17 tent and student academic achievement 

18 standards, and academic assessments 

19 aligned with such standards, which— 

20 ‘‘(I) meet all of the criteria in 

21 this subsection and any regulations 

22 regarding such standards and assess23 ments that the Secretary may publish; 

24 and 
51 

†S 1177 ES

1 ‘‘(II) are applicable to all stu2 dents served by each such local edu3 cational agency. 

4 ‘‘(F) LANGUAGE ASSESSMENTS.—Each 

5 State plan shall identify the languages other 

6 than English that are present to a significant 

7 extent in the participating student population of 

8 the State and indicate the languages for which 

9 annual student academic assessments are not 

10 available and are needed, and such State shall 

11 make every effort to develop such assessments 

12 as necessary. 

13 ‘‘(G) ASSESSMENTS OF ENGLISH LAN14 GUAGE PROFICIENCY.—Each State plan shall 

15 demonstrate that local educational agencies in 

16 the State will provide for an annual assessment 

17 of English proficiency, which is valid, reliable, 

18 and consistent with relevant nationally recog19 nized professional and technical testing stand20 ards measuring students’ speaking, listening, 

21 reading, and writing skills in English, of all 

22 children who are English learners in the schools 

23 served by the State educational agency. 

24 ‘‘(H) DEFERRAL.—A State may defer the 

25 commencement, or suspend the administration, 
52 

†S 1177 ES

1 but not cease the development, of the assess2 ments described in this paragraph, for 1 year 

3 for each year for which the amount appro4 priated for grants under part B is less than 

5 $369,100,000. 

6 ‘‘(I) RULE OF CONSTRUCTION REGARDING

7 USE OF ASSESSMENTS FOR STUDENT PRO8 MOTION OR GRADUATION.—Nothing in this 

9 paragraph shall be construed to prescribe or 

10 prohibit the use of the academic assessments 

11 described in this part for student promotion or 

12 graduation purposes. 

13 ‘‘(J) RULE OF CONSTRUCTION REGARDING

14 ASSESSMENTS.— 

15 ‘‘(i) IN GENERAL.—Except as pro16 vided in clause (ii), nothing in this para17 graph shall be construed to prohibit a 

18 State from developing and administering 

19 computer adaptive assessments as the as20 sessments described in this paragraph, as 

21 long as the computer adaptive assess22 ments— 

23 ‘‘(I) meet the requirements of 

24 this paragraph; and 
53 

†S 1177 ES

1 ‘‘(II) assess the student’s aca2 demic achievement in order to meas3 ure, in the subject being assessed, 

4 whether the student is performing 

5 above or below the student’s grade 

6 level. 

7 ‘‘(ii) APPLICABILITY TO ALTERNATE

8 ASSESSMENTS FOR STUDENTS WITH THE

9 MOST SIGNIFICANT COGNITIVE DISABIL10 ITIES.—In developing and administering 

11 computer adaptive assessments as the as12 sessments allowed under subparagraph 

13 (D), a State shall ensure that such com14 puter adaptive assessments— 

15 ‘‘(I) meet the requirements of 

16 this paragraph, including subpara17 graph (D), except such assessments 

18 shall not be required to meet the re19 quirements of clause (i)(II); and 

20 ‘‘(II) assess the student’s aca21 demic achievement in order to meas22 ure, in the subject being assessed, 

23 whether the student is performing at 

24 the student’s grade level. 
54 

†S 1177 ES

1 ‘‘(K) RULE OF CONSTRUCTION ON PARENT

2 AND GUARDIAN RIGHTS.—Nothing in this part 

3 shall be construed as preempting a State or 

4 local law regarding the decision of a parent or 

5 guardian to not have the parent or guardian’s 

6 child participate in the statewide academic as7 sessments under this paragraph. 

8 ‘‘(L) LIMITATION ON ASSESSMENT TIME.— 

9 ‘‘(i) IN GENERAL.—As a condition of 

10 receiving an allocation under this part for 

11 any fiscal year, each State shall— 

12 ‘‘(I) set a limit on the aggregate 

13 amount of time devoted to the admin14 istration of assessments (including as15 sessments adopted pursuant to this 

16 subsection, other assessments required 

17 by the State, and assessments re18 quired districtwide by the local edu19 cational agency) for each grade, ex20 pressed as a percentage of annual in21 structional hours; and 

22 ‘‘(II) ensure that each local edu23 cational agency in the State will notify 

24 the parents of each student attending 

25 any school in the local educational 
55 

†S 1177 ES

1 agency, on an annual basis, whenever 

2 the limitation described in subclause 

3 (I) is exceeded. 

4 ‘‘(ii) CHILDREN WITH DISABILITIES

5 AND ENGLISH LEARNERS.—Nothing in 

6 clause (i) shall be construed to supersede 

7 the requirements of Federal law relating to 

8 assessments that apply specifically to chil9 dren with disabilities or English learners. 

10 ‘‘(3) STATE ACCOUNTABILITY SYSTEM.— 

11 ‘‘(A) CATEGORY OF STUDENTS.—In this 

12 paragraph, the term ‘category of students’ 

13 means— 

14 ‘‘(i) economically disadvantaged stu15 dents; 

16 ‘‘(ii) students from major racial and 

17 ethnic groups; 

18 ‘‘(iii) children with disabilities; and 

19 ‘‘(iv) English learner students. 

20 ‘‘(B) DESCRIPTION OF SYSTEM.—Each 

21 State plan shall describe a single, statewide 

22 State accountability system that will be based 

23 on the challenging State academic standards 

24 adopted by the State in mathematics and read25 ing or language arts under paragraph (1)(C) to 
56 

†S 1177 ES

1 ensure that all students graduate from high 

2 school prepared for postsecondary education or 

3 the workforce without the need for postsec4 ondary remediation and at a minimum complies 

5 with the following: 

6 ‘‘(i) Establishes measurable State-de7 signed goals for all students and each of 

8 the categories of students in the State that 

9 take into account the progress necessary 

10 for all students and each of the categories 

11 of students to graduate from high school 

12 prepared for postsecondary education or 

13 the workforce without the need for postsec14 ondary remediation, for, at a minimum 

15 each of the following: 

16 ‘‘(I) Academic achievement, 

17 which may include student growth, on 

18 the State assessments under para19 graph (2)(B)(v)(I). 

20 ‘‘(II) High school graduation 

21 rates, including— 

22 ‘‘(aa) the 4-year adjusted 

23 cohort graduation rate; and 
57 

†S 1177 ES

1 ‘‘(bb) at the State’s discre2 tion, the extended-year adjusted 

3 cohort graduation rate. 

4 ‘‘(ii) Annually measures and reports 

5 on the following indicators: 

6 ‘‘(I) The academic achievement 

7 of all public school students in all 

8 public schools and local educational 

9 agencies in the State towards meeting 

10 the goals described in clause (i) and 

11 the challenging State academic stand12 ards for all students and for each of 

13 the categories of students using stu14 dent performance on State assess15 ments required under paragraph 

16 (2)(B)(v)(I), which may include meas17 ures of student academic growth to 

18 such standards. 

19 ‘‘(II) The academic success of all 

20 public school students in all public 

21 schools and local educational agencies 

22 in the State, that is, with respect to— 

23 ‘‘(aa) elementary schools 

24 and secondary schools that are 

25 not high schools, an academic in-
58 

†S 1177 ES

1 dicator, as determined by the 

2 State, that is the same statewide 

3 for all public elementary school 

4 students and all students at such 

5 secondary schools, and each cat6 egory of students; and 

7 ‘‘(bb) high schools, the high 

8 school graduation rates of all 

9 public high school students in all 

10 public high schools in the State 

11 toward meeting the goals de12 scribed in clause (i), for all stu13 dents and for each of the cat14 egories of students, including the 

15 4-year adjusted cohort gradua16 tion rate and at the State’s dis17 cretion, the extended-year ad18 justed cohort graduation rate. 

19 ‘‘(III) English language pro20 ficiency of all English learners in all 

21 public schools and local educational 

22 agencies, which may include measures 

23 of student growth. 

24 ‘‘(IV) Not less than one other 

25 valid and reliable indicator of school 
59 

†S 1177 ES

1 quality, student success, or student 

2 supports, as determined appropriate 

3 by the State, that will be applied to 

4 all local educational agencies and 

5 schools consistently throughout the 

6 State for all students and for each of 

7 the categories of students, which may 

8 include measures of— 

9 ‘‘(aa) student readiness to 

10 enter postsecondary education or 

11 the workforce without the need 

12 for postsecondary remediation, 

13 which may include— 

14 ‘‘(AA) measures that 

15 integrate preparation for 

16 postsecondary education and 

17 the workforce, including per18 formance in coursework se19 quences that integrate rig20 orous academics, work-based 

21 learning, and career and 

22 technical education; 

23 ‘‘(BB) measures of a 

24 high-quality and accelerated 

25 academic program as deter-
60 

†S 1177 ES

1 mined appropriate by the 

2 State, which may include the 

3 percentage of students who 

4 participate in a State-ap5 proved career and technical 

6 program of study as de7 scribed in section 

8 122(c)(1)(A) of the Carl D. 

9 Perkins Career and Tech10 nical Education Act of 2006 

11 and measures of technical 

12 skill attainment and place13 ment described in section 

14 113(b) of such Act and re15 ported by the State in a 

16 manner consistent with sec17 tion 113(c) of such Act, or 

18 other substantially similar 

19 measures; 

20 ‘‘(CC) student perform21 ance on assessments aligned 

22 with the expectations for 

23 first-year postsecondary edu24 cation success; 
61 

†S 1177 ES

1 ‘‘(DD) student per2 formance on admissions 

3 tests for postsecondary edu4 cation; 

5 ‘‘(EE) student perform6 ance on assessments of ca7 reer readiness and acquisi8 tion of industry-recognized 

9 credentials that meet the 

10 quality criteria established 

11 by the State under section 

12 123(a) of the Workforce In13 novation and Opportunity 

14 Act (29 U.S.C. 3102); 

15 ‘‘(FF) student enroll16 ment rates in postsecondary 

17 education; 

18 ‘‘(GG) measures of stu19 dent remediation in postsec20 ondary education; and 

21 ‘‘(HH) measures of stu22 dent credit accumulation in 

23 postsecondary education; 

24 ‘‘(bb) student engagement, 

25 such as attendance rates and 
62 

†S 1177 ES

1 chronic absenteeism (including 

2 both excused and unexcused ab3 sences); 

4 ‘‘(cc) educator engagement, 

5 such as educator satisfaction (in6 cluding working conditions within 

7 the school), teacher quality and 

8 effectiveness, and teacher absen9 teeism; 

10 ‘‘(dd) results from student, 

11 parent, and educator surveys; 

12 ‘‘(ee) school climate and 

13 safety, such as incidents of school 

14 violence, bullying, and harass15 ment, and disciplinary rates, in16 cluding rates of suspension, ex17 pulsion, referrals to law enforce18 ment, school-related arrests, dis19 ciplinary transfers (including 

20 placements in alternative 

21 schools), and student detentions; 

22 ‘‘(ff) student access to or 

23 success in advanced coursework 

24 or educational programs or op25 portunities, which may include 
63 

†S 1177 ES

1 participation and performance in 

2 Advanced Placement, Inter3 national Baccalaureate, dual en4 rollment, and early college high 

5 school programs; and 

6 ‘‘(gg) any other State-deter7 mined measure of school quality 

8 or student success. 

9 ‘‘(iii) Establishes a system of annually 

10 identifying and meaningfully differen11 tiating among all public schools in the 

12 State, which shall— 

13 ‘‘(I) be based on all indicators in 

14 the State’s accountability system 

15 under clause (ii) for all students and 

16 for each of the categories of students; 

17 and 

18 ‘‘(II) use the indicators described 

19 in subclauses (I) and (II) of clause (ii) 

20 as substantial factors in the annual 

21 identification of schools, and the 

22 weight of such factors shall be deter23 mined by the State. 
64 

†S 1177 ES

1 ‘‘(iv) For public schools receiving as2 sistance under this part, meets the require3 ments of section 1114. 

4 ‘‘(v) Provides a clear and understand5 able explanation of the method of identi6 fying and meaningfully differentiating 

7 schools under clause (iii). 

8 ‘‘(vi) Measures the annual progress of 

9 not less than 95 percent of all students, 

10 and students in each of the categories of 

11 students, who are enrolled in the school 

12 and are required to take the assessments 

13 under paragraph (2) and provides a clear 

14 and understandable explanation of how the 

15 State will factor this requirement into the 

16 State-designed accountability system deter17 minations. 

18 ‘‘(4) EXCEPTION FOR ENGLISH LEARNERS.—A 

19 State may choose to— 

20 ‘‘(A) exclude a recently arrived English 

21 learner who has attended school in one of the 

22 50 States in the United States or in the Dis23 trict of Columbia for less than 12 months from 

24 one administration of the reading or language 

25 arts assessment required under paragraph (2); 
65 

†S 1177 ES

1 ‘‘(B) exclude the results of a recently ar2 rived English learner who has attended school 

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

4 in the District of Columbia for less than 12 

5 months on the assessments under paragraph 

6 (2)(B)(v)(I), except for the results on the 

7 English language proficiency assessments re8 quired under paragraph (2)(G), for the first 

9 year of the English learner’s enrollment in a 

10 school in the United States for the purposes of 

11 the State-determined accountability system 

12 under this subsection; and 

13 ‘‘(C) include the results on the assessments 

14 under paragraph (2)(B)(v)(I), except for results 

15 on the English language proficiency assess16 ments required under paragraph (2)(G), of 

17 former English learners for not more than 4 

18 years after the student is no longer identified as 

19 an English learner within the English learner 

20 category of the categories of students, as de21 fined in paragraph (3)(A), for the purposes of 

22 the State-determined accountability system. 

23 ‘‘(5) ACCOUNTABILITY FOR CHARTER

24 SCHOOLS.—The accountability provisions under this 
66 

†S 1177 ES

1 title shall be overseen for charter schools in accord2 ance with State charter school law. 

3 ‘‘(6) PROHIBITION ON FEDERAL INTER4 FERENCE WITH STATE AND LOCAL DECISIONS.— 

5 Nothing in this subsection shall be construed to per6 mit the Secretary to establish any criterion that 

7 specifies, defines, or prescribes— 

8 ‘‘(A) the standards or measures that 

9 States or local educational agencies use to es10 tablish, implement, or improve challenging 

11 State academic standards, including the content 

12 of, or achievement levels within, such standards; 

13 ‘‘(B) the specific types of academic assess14 ments or assessment items that States or local 

15 educational agencies use to meet the require16 ments of paragraph (2)(B) or otherwise use to 

17 measure student academic achievement or stu18 dent growth; 

19 ‘‘(C) the specific goals that States estab20 lish within State-designed accountability sys21 tems for all students and for each of the cat22 egories of students, as defined in paragraph 

23 (3)(A), for student academic achievement or 

24 high school graduation rates, as described in 

25 subclauses (I) and (II) of paragraph (3)(B)(i); 
67 

†S 1177 ES

1 ‘‘(D) any requirement that States shall 

2 measure student growth or the specific metrics 

3 used to measure student academic growth if a 

4 State chooses to measure student growth; 

5 ‘‘(E) the specific indicator under para6 graph (3)(B)(ii)(II)(aa), or any indicator under 

7 paragraph (3)(B)(ii)(IV), that a State must use 

8 within the State-designed accountability system; 

9 ‘‘(F) setting specific benchmarks, targets, 

10 or goals, for any other measures or indicators 

11 established by a State under subclauses (III) 

12 and (IV) of paragraph (3)(B)(ii), including 

13 progress or growth on such measures or indica14 tors; 

15 ‘‘(G) the specific weight or specific signifi16 cance of any measures or indicators used to 

17 measure, identify, or differentiate schools in the 

18 State-determined accountability system, as de19 scribed in clauses (ii) and (iii) of paragraph 

20 (3)(B); 

21 ‘‘(H) the terms ‘meaningfully’ or ‘substan22 tially’ as used in this part; 

23 ‘‘(I) the specific methods used by States 

24 and local educational agencies to identify and 

25 meaningfully differentiate among public schools; 
68 

†S 1177 ES

1 ‘‘(J) any aspect or parameter of a teacher, 

2 principal, or other school leader evaluation sys3 tem within a State or local educational agency; 

4 or 

5 ‘‘(K) indicators or measures of teacher, 

6 principal, or other school leader effectiveness or 

7 quality. 

8 ‘‘(c) OTHER PLAN PROVISIONS.— 

9 ‘‘(1) DESCRIPTIONS.—Each State plan shall de10 scribe— 

11 ‘‘(A) with respect to any accountability 

12 provisions under this part that require 

13 disaggregation of information by each of the 

14 categories of students, as defined in subsection 

15 (b)(3)(A)— 

16 ‘‘(i) the minimum number of students 

17 that the State determines are necessary to 

18 be included in each such category of stu19 dents to carry out such requirements and 

20 how that number is statistically sound; 

21 ‘‘(ii) how such minimum number of 

22 students was determined by the State, in23 cluding how the State collaborated with 

24 teachers, principals, other school leaders, 
69 

†S 1177 ES

1 parents, and other stakeholders when set2 ting the minimum number; and 

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

4 minimum number does not reveal person5 ally identifiable information about stu6 dents; 

7 ‘‘(B) the State educational agency’s system 

8 to monitor and evaluate the intervention and 

9 support strategies implemented by local edu10 cational agencies in schools identified as in need 

11 of intervention and support under section 1114, 

12 including the lowest-performing schools and 

13 schools identified for other reasons, including 

14 schools with categories of students, as defined 

15 in subsection (b)(3)(A), not meeting the goals 

16 described in subsection (b)(3)(B)(i), and the 

17 steps the State will take to further assist local 

18 educational agencies, if such strategies are not 

19 effective; 

20 ‘‘(C) in the case of a State that proposes 

21 to use funds under this part to offer early child22 hood education programs, how the State pro23 vides assistance and support to local edu24 cational agencies and individual elementary 

25 schools that are creating, expanding, or improv-
70 

†S 1177 ES

1 ing such programs, such as through plans for 

2 engaging and supporting principals and other 

3 school leaders responsible for improving early 

4 childhood alignment with their elementary 

5 school, supporting teachers in understanding 

6 the transition between early learning to kinder7 garten, and increasing parent and community 

8 engagement; 

9 ‘‘(D) in the case of a State that proposes 

10 to use funds under this part to support a multi11 tiered system of supports, positive behavioral 

12 interventions and supports, or early intervening 

13 services, how the State educational agency will 

14 assist local educational agencies in the develop15 ment, implementation, and coordination of such 

16 activities and services with similar activities and 

17 services carried out under the Individuals with 

18 Disabilities Education Act in schools served by 

19 the local educational agency, including by pro20 viding technical assistance, training, and eval21 uation of the activities and services; 

22 ‘‘(E) how the State educational agency will 

23 provide support to local educational agencies for 

24 the education of homeless children and youths, 

25 and how the State will comply with the require-
71 

†S 1177 ES

1 ments of subtitle B of title VII of the McKin2 ney-Vento Homeless Assistance Act; 

3 ‘‘(F) how low-income and minority children 

4 enrolled in schools assisted under this part are 

5 not served at disproportionate rates by ineffec6 tive, out-of-field, and inexperienced teachers, 

7 principals, or other school leaders, and the 

8 measures the State educational agency will use 

9 to evaluate and publicly report the progress of 

10 the State educational agency with respect to 

11 such description; 

12 ‘‘(G) how the State will make public the 

13 methods or criteria the State or its local edu14 cational agencies are using to measure teacher, 

15 principal, and other school leader effectiveness 

16 for the purpose of meeting the requirements de17 scribed in subparagraph (F); however, nothing 

18 in this subparagraph shall be construed as re19 quiring a State to develop or implement a 

20 teacher, principal, or other school leader evalua21 tion system; 

22 ‘‘(H) how the State educational agency will 

23 protect each student from physical or mental 

24 abuse, aversive behavioral interventions that 

25 compromise student health and safety, or any 
72 

†S 1177 ES

1 physical restraint or seclusion imposed solely 

2 for purposes of discipline or convenience, which 

3 may include how such agency will identify and 

4 support, including through professional develop5 ment, training, and technical assistance, local 

6 educational agencies and schools that have high 

7 levels of seclusion and restraint or 

8 disproportionality in rates of seclusion and re9 straint; 

10 ‘‘(I) how the State educational agency will 

11 address school discipline issues, which may in12 clude how such agency will identify and sup13 port, including through professional develop14 ment, training, and technical assistance, local 

15 educational agencies and schools that have high 

16 levels of exclusionary discipline or 

17 disproportionality in rates of exclusionary dis18 cipline; 

19 ‘‘(J) how the State educational agency will 

20 address school climate issues, which may in21 clude providing technical assistance on effective 

22 strategies to reduce the incidence of school vio23 lence, bullying, harassment, drug and alcohol 

24 use and abuse, and rates of chronic absenteeism 
73 

†S 1177 ES

1 (including both excused and unexcused ab2 sences); 

3 ‘‘(K) how the State determines, with timely 

4 and meaningful consultation with local edu5 cational agencies representing the geographic 

6 diversity of the State, the timelines and annual 

7 goals for progress necessary to move English 

8 learners from the lowest levels of English pro9 ficiency to the State-defined proficient level in 

10 a State-determined number of years, including 

11 an assurance that such goals will be based on 

12 students’ initial language proficiency when first 

13 identified as an English learner and may take 

14 into account the amount of time that an indi15 vidual child has been enrolled in a language 

16 program and grade level; 

17 ‘‘(L) the steps a State educational agency 

18 will take to ensure collaboration with the State 

19 agency responsible for administering the State 

20 plans under parts B and E of title IV of the 

21 Social Security Act (42 U.S.C. 621 et seq. and 

22 670 et seq.) to ensure the educational stability 

23 of children in foster care, including assurances 

24 that— 
74 

†S 1177 ES

1 ‘‘(i) any such child enrolls or remains 

2 in such child’s school of origin, unless a 

3 determination is made that it is not in 

4 such child’s best interest to attend the 

5 school of origin, which decision shall be 

6 based on all factors relating to the child’s 

7 best interest, including consideration of the 

8 appropriateness of the current educational 

9 setting and the proximity to the school in 

10 which the child is enrolled at the time of 

11 placement; 

12 ‘‘(ii) when a determination is made 

13 that it is not in such child’s best interest 

14 to remain in the school of origin, the child 

15 is immediately enrolled in a new school, 

16 even if the child is unable to produce 

17 records normally required for enrollment; 

18 ‘‘(iii) the enrolling school shall imme19 diately contact the school last attended by 

20 any such child to obtain relevant academic 

21 and other records; and 

22 ‘‘(iv) the State educational agency will 

23 designate an employee to serve as a point 

24 of contact for child welfare agencies and to 

25 oversee implementation of the State agency 
75 

†S 1177 ES

1 responsibilities required under this sub2 paragraph, and such point of contact shall 

3 not be the State’s Coordinator for Edu4 cation of Homeless Children and Youths 

5 under section 722(d)(3) of the McKinney6 Vento Homeless Assistance Act; 

7 ‘‘(M) how the State will ensure the unique 

8 needs of students at all levels of schooling are 

9 met, particularly students in the middle grades 

10 and high school, including how the State will 

11 work with local educational agencies to— 

12 ‘‘(i) assist in the identification of mid13 dle grades and high school students who 

14 are at-risk of dropping out, such as 

15 through the continuous use of student data 

16 related to measures such as attendance, 

17 student suspensions, course performance, 

18 and, postsecondary credit accumulation 

19 that results in actionable steps to inform 

20 and differentiate instruction and support; 

21 ‘‘(ii) ensure effective student transi22 tions from elementary school to middle 

23 grades and middle grades to high school, 

24 such as by aligning curriculum and sup25 ports or implementing personal academic 
76 

†S 1177 ES

1 plans to enable such students to stay on 

2 the path to graduation; 

3 ‘‘(iii) ensure effective student transi4 tions from high school to postsecondary 

5 education, such as through the establish6 ment of partnerships between local edu7 cational agencies and institutions of higher 

8 education and providing students with 

9 choices for pathways to postsecondary edu10 cation, which may include the integration 

11 of rigorous academics, career and technical 

12 education, and work-based learning; 

13 ‘‘(iv) provide professional development 

14 to teachers, principals, other school lead15 ers, and other school personnel in address16 ing the academic and developmental needs 

17 of such students; and 

18 ‘‘(v) implement any other evidence19 based strategies or activities that the State 

20 determines appropriate for addressing the 

21 unique needs of such students; 

22 ‘‘(N) how the State educational agency will 

23 provide support to local educational agencies for 

24 the education of expectant and parenting stu25 dents; 
77 

†S 1177 ES

1 ‘‘(O) how the State educational agency will 

2 demonstrate a coordinated plan to seamlessly 

3 transition students from secondary school into 

4 postsecondary education or careers without re5 mediation, including a description of the spe6 cific transition activities that the State edu7 cational agency will carry out, such as providing 

8 students with access to early college high school 

9 or dual or concurrent enrollment opportunities; 

10 ‘‘(P) if applicable, whether the State con11 ducts periodic assessments of the condition of 

12 elementary school and secondary school facili13 ties in the State, which may include an assess14 ment of the age of the facility and the state of 

15 repair of the facility; 

16 ‘‘(Q) if applicable, how the State edu17 cational agency will provide support to local 

18 educational agencies for the education of chil19 dren facing substance abuse in the home, which 

20 may include how such agency will provide pro21 fessional development, training, and technical 

22 assistance to local educational agencies, elemen23 tary schools, and secondary schools in commu24 nities with high rates of substance abuse; and 
78 

†S 1177 ES

1 ‘‘(R) any other information on how the 

2 State proposes to use funds under this part to 

3 meet the purposes of this part, and that the 

4 State determines appropriate to provide, which 

5 may include how the State educational agency 

6 will— 

7 ‘‘(i) assist local educational agencies 

8 in identifying and serving gifted and tal9 ented students; 

10 ‘‘(ii) assist local educational agencies 

11 in developing effective school library pro12 grams to provide students an opportunity 

13 to develop digital literacy skills and to help 

14 ensure that all students graduate from 

15 high school prepared for postsecondary 

16 education or the workforce without the 

17 need for remediation; 

18 ‘‘(iii) encourage the offering of a vari19 ety of well-rounded education experiences 

20 to students; and 

21 ‘‘(iv) use funds under this part to 

22 support efforts to expand and replicate 

23 successful practices from high-performing 

24 charter schools, magnet schools, and tradi25 tional public schools. 
79 

†S 1177 ES

1 ‘‘(2) ASSURANCES.—Each State plan shall pro2 vide an assurance that— 

3 ‘‘(A) the State educational agency will no4 tify local educational agencies, Indian tribes 

5 and tribal organizations, schools, teachers, par6 ents, and the public of the challenging State 

7 academic standards, academic assessments, and 

8 State accountability system, developed under 

9 this section; 

10 ‘‘(B) the State educational agency will as11 sist each local educational agency and school af12 fected by the State plan to meet the require13 ments of this part; 

14 ‘‘(C) the State will participate in the bien15 nial State academic assessments in reading and 

16 mathematics in grades 4 and 8 of the National 

17 Assessment of Educational Progress carried out 

18 under section 303(b)(3) of the National Assess19 ment of Educational Progress Authorization 

20 Act if the Secretary pays the costs of admin21 istering such assessments; 

22 ‘‘(D) the State educational agency will 

23 modify or eliminate State fiscal and accounting 

24 barriers so that schools can easily consolidate 

25 funds from other Federal, State, and local 
80 

†S 1177 ES

1 sources in order to improve educational oppor2 tunities and reduce unnecessary fiscal and ac3 counting requirements; 

4 ‘‘(E) the State educational agency will sup5 port the collection and dissemination to local 

6 educational agencies and schools of effective 

7 parent and family engagement strategies, in8 cluding those included in the parent and family 

9 engagement policy under section 1115; 

10 ‘‘(F) the State educational agency will pro11 vide the least restrictive and burdensome regu12 lations for local educational agencies and indi13 vidual schools participating in a program as14 sisted under this part; 

15 ‘‘(G) the State educational agency will en16 sure that local educational agencies, in devel17 oping and implementing programs under this 

18 part, will, to the extent feasible, work in con19 sultation with outside intermediary organiza20 tions, such as educational service agencies, or 

21 individuals, that have practical expertise in the 

22 development or use of evidence-based strategies 

23 and programs to improve teaching, learning, 

24 and schools; 
81 

†S 1177 ES

1 ‘‘(H) the State educational agency has ap2 propriate procedures and safeguards in place to 

3 ensure the validity of the assessment process; 

4 ‘‘(I) the State educational agency will en5 sure that all teachers and paraprofessionals 

6 working in a program supported with funds 

7 under this part meet applicable State certifi8 cation and licensure requirements, including al9 ternative certification requirements; 

10 ‘‘(J) the State educational agency will co11 ordinate activities funded under this part with 

12 other Federal activities as appropriate; 

13 ‘‘(K) the State educational agency has in14 volved the committee of practitioners estab15 lished under section 1503(b) in developing the 

16 plan and monitoring its implementation; 

17 ‘‘(L) the State has professional standards 

18 for paraprofessionals working in a program 

19 supported with funds under this part, including 

20 qualifications that were in place on the day be21 fore the date of enactment of the Every Child 

22 Achieves Act of 2015; 

23 ‘‘(M) the State educational agency will as24 sess the system for collecting data from local 

25 educational agencies, and the technical assist-
82 

†S 1177 ES

1 ance provided to local educational agencies on 

2 data collection, and will evaluate the need to 

3 upgrade or change the system and to provide 

4 additional support to help minimize the burden 

5 on local educational agencies related to report6 ing data required for the annual State report 

7 card described in subsection (d)(1) and annual 

8 local educational agency report cards described 

9 in subsection (d)(2); and 

10 ‘‘(N) the State educational agency will pro11 vide the information described in clauses (ii), 

12 (iii), and (iv) of subsection (d)(1)(C) to the 

13 public in an easily accessible and user-friendly 

14 manner that can be cross-tabulated by, at a 

15 minimum, each major racial and ethnic group, 

16 gender, English proficiency, and students with 

17 or without disabilities, which— 

18 ‘‘(i) may be accomplished by including 

19 such information on the annual State re20 port card described subsection (d)(1)(C)); 

21 and 

22 ‘‘(ii) shall be presented in a manner 

23 that— 
83 

†S 1177 ES

1 ‘‘(I) is first anonymized and does 

2 not reveal personally identifiable infor3 mation about an individual student; 

4 ‘‘(II) does not include a number 

5 of students in any category of stu6 dents that is insufficient to yield sta7 tistically reliable information or that 

8 would reveal personally identifiable in9 formation about an individual student; 

10 and 

11 ‘‘(III) is consistent with the re12 quirements of section 444 of the Gen13 eral Education Provisions Act (20 

14 U.S.C. 1232g, commonly known as 

15 the ‘Family Educational Rights and 

16 Privacy Act of 1974’). 

17 ‘‘(3) RULES OF CONSTRUCTION.—Nothing in 

18 paragraph (2)(N) shall be construed to— 

19 ‘‘(A) require groups of students obtained 

20 by any entity that cross-tabulates the informa21 tion provided under such paragraph to be con22 sidered categories of students under subsection 

23 (b)(3)(A) for the purposes of the State account24 ability system under subsection (b)(3); or 
84 

†S 1177 ES

1 ‘‘(B) to prohibit States from publicly re2 porting data in a cross-tabulated manner, in 

3 order to meet the requirements of paragraph 

4 (2)(N). 

5 ‘‘(4) TECHNICAL ASSISTANCE.—Upon request 

6 by a State educational agency, the Secretary shall 

7 provide technical assistance to such agency in order 

8 to meet the requirements of paragraph (2)(N). 

9 ‘‘(d) REPORTS.— 

10 ‘‘(1) ANNUAL STATE REPORT CARD.— 

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

12 assistance under this part shall prepare and 

13 disseminate widely to the public an annual 

14 State report card for the State as a whole that 

15 meets the requirements of this paragraph. 

16 ‘‘(B) IMPLEMENTATION.— 

17 ‘‘(i) IN GENERAL.—The State report 

18 card required under this paragraph shall 

19 be— 

20 ‘‘(I) concise; 

21 ‘‘(II) presented in an understand22 able and uniform format and, to the 

23 extent practicable, in a language that 

24 parents can understand; and 
85 

†S 1177 ES

1 ‘‘(III) widely accessible to the 

2 public, which shall include making the 

3 State report card, along with all local 

4 educational agency and school report 

5 cards required under paragraph (2), 

6 and the annual report to the Sec7 retary under paragraph (5), available 

8 on a single webpage of the State edu9 cational agency’s website. 

10 ‘‘(ii) ENSURING PRIVACY.—No State 

11 report card required under this paragraph 

12 shall include any personally identifiable in13 formation about any student. Each such 

14 report card shall be consistent with the 

15 privacy protections under section 444 of 

16 the General Education Provisions Act (20 

17 U.S.C. 1232g, commonly known as the 

18 ‘Family Educational Rights and Privacy 

19 Act of 1974’). 

20 ‘‘(C) MINIMUM REQUIREMENTS.—Each 

21 State report card required under this subsection 

22 shall include the following information: 

23 ‘‘(i) A clear and concise description of 

24 the State’s accountability system under 

25 subsection (b)(3), including the goals for 
86 

†S 1177 ES

1 all students and for each of the categories 

2 of students, as defined in subsection 

3 (b)(3)(A), the indicators used in the ac4 countability system to evaluate school per5 formance described in subsection 

6 (b)(3)(B), and the weights of the indica7 tors used in the accountability system to 

8 evaluate school performance. 

9 ‘‘(ii) For all students and 

10 disaggregated by each category of students 

11 described in subsection (b)(2)(B)(xi), 

12 homeless status, and status as a child in 

13 foster care, except that such 

14 disaggregation shall not be required in a 

15 case in which the number of students in a 

16 category is insufficient to yield statistically 

17 reliable information or the results would 

18 reveal personally identifiable information 

19 about an individual student, information 

20 on student achievement on the academic 

21 assessments described in subsection (b)(2) 

22 at each level of achievement, as determined 

23 by the State under subsection (b)(1). 

24 ‘‘(iii) For all students and 

25 disaggregated by each category of students 
87 

†S 1177 ES

1 described in subsection (b)(2)(B)(xi), the 

2 percentage of students assessed and not 

3 assessed. 

4 ‘‘(iv) For all students and 

5 disaggregated by each of the categories of 

6 students, as defined in subsection 

7 (b)(3)(A), and for purposes of subclause 

8 (II), homeless status and status as a child 

9 in foster care, except that such 

10 disaggregation shall not be required in a 

11 case in which the number of students in a 

12 category is insufficient to yield statistically 

13 reliable information or the results would 

14 reveal personally identifiable information 

15 about an individual student— 

16 ‘‘(I) information on the perform17 ance on the other academic indicator 

18 under subsection (b)(3)(B)(ii)(II)(aa) 

19 used by the State in the State ac20 countability system; and 

21 ‘‘(II) high school graduation 

22 rates, including 4-year adjusted cohort 

23 graduation rates and, at the State’s 

24 discretion, extended-year adjusted co25 hort graduation rates. 
88 

†S 1177 ES

1 ‘‘(v) Information on indicators or 

2 measures of school quality, climate and 

3 safety, and discipline, including the rates 

4 of in-school suspensions, out-of-school sus5 pensions, expulsions, school-related arrests, 

6 referrals to law enforcement, chronic ab7 senteeism (including both excused and un8 excused absences), and incidences of vio9 lence, including bullying and harassment, 

10 that the State educational agency and each 

11 local educational agency in the State re12 ported to the Civil Rights Data Collection 

13 biennial survey required by the Office for 

14 Civil Rights of the Department that is the 

15 most recent to the date of the determina16 tion in the same manner that such infor17 mation is presented on such survey. 

18 ‘‘(vi) The minimum number of stu19 dents that the State determines are nec20 essary to be included in each of the cat21 egories of students, as defined in sub22 section (b)(3)(A), for use in the account23 ability system under subsection (b)(3). 

24 ‘‘(vii) The professional qualifications 

25 of teachers, principals, and other school 
89 

†S 1177 ES

1 leaders in the State, including information 

2 (that shall be presented in the aggregate 

3 and disaggregated by high-poverty com4 pared to low-poverty schools which, for the 

5 purpose of this clause, means schools in 

6 each quartile based on school poverty level, 

7 and high–minority and low–minority 

8 schools in the State) on the number, per9 centage, and distribution of— 

10 ‘‘(I) inexperienced teachers, prin11 cipals, and other school leaders; 

12 ‘‘(II) teachers teaching with 

13 emergency or provisional credentials; 

14 ‘‘(III) teachers who are not 

15 teaching in the subject or field for 

16 which the teacher is certified or li17 censed; 

18 ‘‘(IV) teachers, principals, and 

19 other school leaders who are ineffec20 tive, as determined by the State, using 

21 the methods or criteria under sub22 section (c)(1)(G); and 

23 ‘‘(V) the annual retention rates 

24 of effective and ineffective teachers, 

25 principals, and other school leaders, 
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†S 1177 ES

1 as determined by the State, using the 

2 methods or criteria under subsection 

3 (c)(1)(G). 

4 ‘‘(viii) Information on the perform5 ance of local educational agencies and 

6 schools in the State, including the number 

7 and names of each school identified for 

8 intervention and support under section 

9 1114. 

10 ‘‘(ix) For a State that implements a 

11 teacher, principal, and other school leader 

12 evaluation system consistent with title II, 

13 the evaluation results of teachers, prin14 cipals, and other school leaders, except 

15 that such information shall not provide 

16 personally identifiable information on indi17 vidual teachers, principals, or other school 

18 leaders. 

19 ‘‘(x) The per-pupil expenditures of 

20 Federal, State, and local funds, including 

21 actual personnel expenditures and actual 

22 nonpersonnel expenditures of Federal, 

23 State, and local funds, disaggregated by 

24 source of funds, for each local educational 
91 

†S 1177 ES

1 agency and each school in the State for the 

2 preceding fiscal year. 

3 ‘‘(xi) The number and percentages of 

4 students with the most significant cog5 nitive disabilities that take an alternate as6 sessment under subsection (b)(2)(D), by 

7 grade and subject. 

8 ‘‘(xii) Information on the acquisition 

9 of English language proficiency by stu10 dents who are English learners. 

11 ‘‘(xiii) Information on, including infor12 mation that the State educational agency 

13 and each local educational agency in the 

14 State reported to the Civil Rights Data 

15 Collection biennial survey required by the 

16 Office for Civil Rights of the Department 

17 that is the most recent to the date of the 

18 determination in the same manner that 

19 such information is presented on such sur20 vey on— 

21 ‘‘(I) the number and percentage 

22 of— 

23 ‘‘(aa) students enrolled in 

24 gifted and talented programs; 
92 

†S 1177 ES

1 ‘‘(bb) students enrolled in 

2 rigorous coursework to earn post3 secondary credit while still in 

4 high school, such as Advanced 

5 Placement and International 

6 Baccalaureate courses and exami7 nations, and dual or concurrent 

8 enrollment and early college high 

9 schools; and 

10 ‘‘(cc) children enrolled in 

11 preschool programs; 

12 ‘‘(II) the average class size, by 

13 grade; and 

14 ‘‘(III) any other indicators deter15 mined by the State. 

16 ‘‘(xiv) The number and percentage of 

17 students attaining career and technical 

18 proficiencies, as defined by section 113(b) 

19 of the Carl D. Perkins Career and Tech20 nical Education Act of 2006 and reported 

21 by States only in a manner consistent with 

22 section 113(c) of that Act. 

23 ‘‘(xv) Results on the National Assess24 ment of Educational Progress in reading 
93 

†S 1177 ES

1 and mathematics in grades 4 and 8 for the 

2 State, compared to the national average. 

3 ‘‘(xvi) Information on the percentage 

4 of students, including for each of the cat5 egories of students, as defined in sub6 section (b)(3)(A), who did not meet the 

7 State goals established under subsection 

8 (b)(3)(B). 

9 ‘‘(xvii) Information regarding the 

10 number of military-connected students 

11 (which, for purposes of this clause, shall 

12 mean students with parents who serve in 

13 the uniformed services, including the Na14 tional Guard and Reserves), and informa15 tion regarding the academic achievement of 

16 such students, except that such informa17 tion shall not be used for school or local 

18 educational agency accountability purposes 

19 under sections 1111(b)(3) and 1114. 

20 ‘‘(xviii) In the case of each coeduca21 tional school in the State that receives as22 sistance under this part— 

23 ‘‘(I) a listing of the school’s 

24 interscholastic sports teams that par25 ticipated in athletic competition; 
94 

†S 1177 ES

1 ‘‘(II) for each such team— 

2 ‘‘(aa) the total number of 

3 male and female participants, 

4 disaggregated by gender and 

5 race; 

6 ‘‘(bb) the season in which 

7 the team competed, whether the 

8 team participated in postseason 

9 competition, and the total num10 ber of competitive events sched11 uled; 

12 ‘‘(cc) the total expenditures 

13 from all sources, including ex14 penditures for travel, uniforms, 

15 facilities, and publicity for com16 petitions; and 

17 ‘‘(dd) the total number of 

18 coaches, trainers, and medical 

19 personnel, and for each such in20 dividual an identification of such 

21 individual’s employment status, 

22 and duties other than providing 

23 coaching, training, or medical 

24 services; and 
95 

†S 1177 ES

1 ‘‘(III) the average annual salary 

2 of the head coaches of boys’ inter3 scholastic sports teams, across all of4 fered sports, and the average annual 

5 salary of the head coaches of girls’ 

6 interscholastic sports teams, across all 

7 offered sports. 

8 ‘‘(xix) for each high school in the 

9 State, and beginning with the report card 

10 released in 2017, the cohort rate (in the 

11 aggregate, and disaggregated for each cat12 egory of students defined in subsection 

13 (b)(3)(A), except that such disaggregation 

14 shall not be required in a case in which the 

15 number of students is insufficient to yield 

16 statistically reliable information or the re17 sults would reveal personally identifiable 

18 information about an individual student) at 

19 which students who graduate from the 

20 high school enroll, for the first academic 

21 year that begins after the students’ grad22 uation— 

23 ‘‘(I) in programs of public post24 secondary education in the State; and 
96 

†S 1177 ES

1 ‘‘(II) if data are available and to 

2 the extent practicable, in programs of 

3 private postsecondary education in the 

4 State or programs of postsecondary 

5 education outside the State; 

6 ‘‘(xx) if available and to the extent 

7 practicable, for each high school in the 

8 State and beginning with the report card 

9 released in 2018, the remediation rate (in 

10 the aggregate, and disaggregated for each 

11 category of students defined in subsection 

12 (b)(3)(A), except that such disaggregation 

13 shall not be required in a case in which the 

14 number of students is insufficient to yield 

15 statistically reliable information or the re16 sults would reveal personally identifiable 

17 information about an individual student) 

18 for students who graduate from the high 

19 school at— 

20 ‘‘(I) programs of postsecondary 

21 education in the State; and 

22 ‘‘(II) programs of postsecondary 

23 education outside the State; 

24 ‘‘(xxi) Any additional information that 

25 the State believes will best provide parents, 
97 

†S 1177 ES

1 students, and other members of the public 

2 with information regarding the progress of 

3 each of the State’s public elementary 

4 schools and secondary schools. 

5 ‘‘(D) RULE OF CONSTRUCTION.— 

6 ‘‘(i) IN GENERAL.—Nothing in clause 

7 (v) or (xiii) of subparagraph (C) shall be 

8 construed as requiring a State to report 

9 any data that are not otherwise required or 

10 voluntarily submitted to the Civil Rights 

11 Data Collection biennial survey required by 

12 the Office for Civil Rights of the Depart13 ment. 

14 ‘‘(ii) CONTINUATION OF SUBMISSION

15 TO DEPARTMENT OF INFORMATION.—If, at 

16 any time after the date of enactment of the 

17 Every Child Achieves Act of 2015, the 

18 Civil Rights Data Collection biennial sur19 vey is no longer conducted by the Office 

20 for Civil Rights of the Department, a State 

21 educational agency shall still include the 

22 information under clauses (v) and (xiii) of 

23 subparagraph (C) in the State report card 

24 under this paragraph in the same manner 
98 

†S 1177 ES

1 that such information is presented on such 

2 survey. 

3 ‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY

4 REPORT CARDS.— 

5 ‘‘(A) IN GENERAL.— 

6 ‘‘(i) PREPARATION AND DISSEMINA7 TION.—A local educational agency that re8 ceives assistance under this part shall pre9 pare and disseminate an annual local edu10 cational agency report card that includes— 

11 ‘‘(I) information on such agency 

12 as a whole; and 

13 ‘‘(II) for each school served by 

14 the agency, a school report card that 

15 meets the requirements of this para16 graph. 

17 ‘‘(ii) NO PERSONALLY IDENTIFIABLE

18 INFORMATION.—No local educational agen19 cy report card required under this para20 graph shall include any personally identifi21 able information about any student. 

22 ‘‘(iii) CONSISTENT WITH FERPA.— 

23 Each local educational agency report card 

24 shall be consistent with the privacy protec25 tions under section 444 of the General 
99 

†S 1177 ES

1 Education Provisions Act (20 U.S.C. 

2 1232g, commonly known as the ‘Family 

3 Educational Rights and Privacy Act of 

4 1974’). 

5 ‘‘(B) IMPLEMENTATION.—Each local edu6 cational agency report card shall be— 

7 ‘‘(i) concise; 

8 ‘‘(ii) presented in an understandable 

9 and uniform format, and to the extent 

10 practicable, in a language that parents can 

11 understand; and 

12 ‘‘(iii) accessible to the public, which 

13 shall include— 

14 ‘‘(I) placing such report card on 

15 the website of the local educational 

16 agency and on the website of each 

17 school served by the agency; and 

18 ‘‘(II) in any case in which a local 

19 educational agency or school does not 

20 operate a website, providing the infor21 mation to the public in another man22 ner determined by the local edu23 cational agency. 
100 

†S 1177 ES

1 ‘‘(C) MINIMUM REQUIREMENTS.—Each 

2 local educational agency report card required 

3 under this paragraph shall include— 

4 ‘‘(i) the information described in para5 graph (1)(C), disaggregated in the same 

6 manner as under paragraph (1)(C), except 

7 for clause (xv) of such paragraph, as ap8 plied to the local educational agency, and 

9 each school served by the local educational 

10 agency, including— 

11 ‘‘(I) in the case of a local edu12 cational agency, information that 

13 shows how students served by the 

14 local educational agency achieved on 

15 the academic assessments described in 

16 subsection (b)(2) compared to stu17 dents in the State as a whole; and 

18 ‘‘(II) in the case of a school, in19 formation that shows how the school’s 

20 students’ achievement on the aca21 demic assessments described in sub22 section (b)(2) compared to students 

23 served by the local educational agency 

24 and the State as a whole; 
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†S 1177 ES

1 ‘‘(ii) any information required by the 

2 State under paragraph (1)(C)(xviii); and 

3 ‘‘(iii) any other information that the 

4 local educational agency determines is ap5 propriate and will best provide parents, 

6 students, and other members of the public 

7 with information regarding the progress of 

8 each public school served by the local edu9 cational agency, whether or not such infor10 mation is included in the annual State re11 port card. 

12 ‘‘(D) PUBLIC DISSEMINATION.— 

13 ‘‘(i) IN GENERAL.—Except as pro14 vided in clause (ii), a local educational 

15 agency shall— 

16 ‘‘(I) publicly disseminate the in17 formation described in this paragraph 

18 to all schools in the school district 

19 served by the local educational agency 

20 and to all parents of students attend21 ing such schools; and 

22 ‘‘(II) make the information wide23 ly available through public means, in24 cluding through electronic means, in25 cluding posting in an easily accessible 
102 

†S 1177 ES

1 manner on the local educational agen2 cy’s website, except in the case in 

3 which an agency does not operate a 

4 website, such agency shall determine 

5 how to make the information avail6 able, such as through distribution to 

7 the media, and distribution through 

8 public agencies. 

9 ‘‘(ii) EXCEPTION.—If a local edu10 cational agency issues a report card for all 

11 students, the local educational agency may 

12 include the information described in this 

13 paragraph as part of such report. 

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

15 educational agency or local educational agency that 

16 was providing public report cards on the perform17 ance of students, schools, local educational agencies, 

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

19 Every Child Achieves Act of 2015, may use such re20 port cards for the purpose of disseminating informa21 tion under this subsection if the report card is modi22 fied, as may be needed, to contain the information 

23 required by this subsection. 

24 ‘‘(4) COST REDUCTION.—Each State edu25 cational agency and local educational agency receiv-
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1 ing assistance under this part shall, wherever pos2 sible, take steps to reduce data collection costs and 

3 duplication of effort by obtaining the information re4 quired under this subsection through existing data 

5 collection efforts. 

6 ‘‘(5) ANNUAL STATE REPORT TO THE SEC7 RETARY.—Each State educational agency receiving 

8 assistance under this part shall report annually to 

9 the Secretary, and make widely available within the 

10 State— 

11 ‘‘(A) information on student achievement 

12 on the academic assessments described in sub13 section (b)(2) for all students and 

14 disaggregated by each of the categories of stu15 dents, as defined in subsection (b)(3)(A), in16 cluding— 

17 ‘‘(i) the percentage of students who 

18 achieved at each level of achievement the 

19 State has set in subsection (b)(1); 

20 ‘‘(ii) the percentage of students who 

21 did not meet the State goals set in sub22 section (b)(3)(B); and 

23 ‘‘(iii) if applicable, the percentage of 

24 students making at least one year of aca-
104 

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1 demic growth over the school year, as de2 termined by the State; 

3 ‘‘(B) the percentage of students assessed 

4 and not assessed on the academic assessments 

5 described in subsection (b)(2) for all students 

6 and disaggregated by each category of students 

7 described in subsection (b)(2)(B)(xi); 

8 ‘‘(C) for all students and disaggregated by 

9 each of the categories of students, as defined in 

10 subsection (b)(3)(A)— 

11 ‘‘(i) information on the performance 

12 on the other academic indicator under sub13 section (b)(3)(B)(ii)(II)(aa) used by the 

14 State in the State accountability system; 

15 ‘‘(ii) high school graduation rates, in16 cluding 4-year adjusted cohort graduation 

17 rates and, at the State’s discretion, ex18 tended-year adjusted cohort graduation 

19 rates; and 

20 ‘‘(iii) information on each State-deter21 mined indicator of school quality, success, 

22 or student support under subsection 

23 (b)(3)(B)(ii)(IV) selected by the State in 

24 the State accountability system; 
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1 ‘‘(D) information on the acquisition of 

2 English language proficiency by students who 

3 are English learners; 

4 ‘‘(E) the per-pupil expenditures of Federal, 

5 State, and local funds, including actual staff 

6 personnel expenditures and actual nonpersonnel 

7 expenditures, disaggregated by source of funds 

8 for each school served by the agency for the 

9 preceding fiscal year; 

10 ‘‘(F) the number and percentage of stu11 dents with the most significant cognitive dis12 abilities that take an alternate assessment 

13 under subsection (b)(2)(D), by grade and sub14 ject; 

15 ‘‘(G) the number and names of the schools 

16 identified as in need of intervention and sup17 port under section 1114, and the school inter18 vention and support strategies developed and 

19 implemented by the local educational agency 

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

21 students in each school; 

22 ‘‘(H) the number of students and schools 

23 that participated in public school choice under 

24 section 1114(b)(4); 
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1 ‘‘(I) information on the quality and effec2 tiveness of teachers for each quartile of schools 

3 based on the school’s poverty level and high–mi4 nority and low–minority schools in the local 

5 educational agencies in the State, including the 

6 number, percentage, and distribution of— 

7 ‘‘(i) inexperienced teachers; 

8 ‘‘(ii) teachers who are not teaching in 

9 the subject or field for which the teacher 

10 is certified or licensed; and 

11 ‘‘(iii) teachers who are not effective, 

12 as determined by the State if the State has 

13 a statewide teacher, principal, or other 

14 school leader evaluation system; and 

15 ‘‘(J) if the State has a statewide teacher, 

16 principal, or other school leader evaluation sys17 tem, information on the results of such teacher, 

18 principal, or other school leader evaluation sys19 tems that does not reveal personally identifiable 

20 information. 

21 ‘‘(6) PRESENTATION OF DATA.— 

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

23 agency or local educational agency shall only in24 clude in its annual report card described under 

25 paragraphs (1) and (2) data that are sufficient 
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1 to yield statistically reliable information, and 

2 that do not reveal personally identifiable infor3 mation about an individual student, teacher, 

4 principal, or other school leader. 

5 ‘‘(B) STUDENT PRIVACY.—In carrying out 

6 this subsection, student education records shall 

7 not be released without written consent con8 sistent with section 444 of the General Edu9 cation Provisions Act (20 U.S.C. 1232g, com10 monly known as the ‘Family Educational 

11 Rights and Privacy Act of 1974’). 

12 ‘‘(7) REPORT TO CONGRESS.—The Secretary 

13 shall transmit annually to the Committee on Health, 

14 Education, Labor, and Pensions of the Senate and 

15 the Committee on Education and the Workforce of 

16 the House of Representatives a report that provides 

17 national- and State-level data on the information 

18 collected under paragraph (5). Such report shall be 

19 submitted through electronic means only. 

20 ‘‘(8) SECRETARY’S REPORT CARD.— 

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

22 2017, and annually thereafter, the Secretary, 

23 acting through the Director of the Institute of 

24 Education Sciences, shall transmit to the Com25 mittee on Health, Education, Labor, and Pen-
108 

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1 sions of the Senate and the Committee on Edu2 cation and the Workforce of the House of Rep3 resentatives a national report card on the status 

4 of elementary and secondary education in the 

5 United States. Such report shall— 

6 ‘‘(i) analyze existing data from State 

7 reports required under this Act, the Indi8 viduals with Disabilities Education Act, 

9 and the Carl D. Perkins Career and Tech10 nical Education Act of 2006, and summa11 rize major findings from such reports; 

12 ‘‘(ii) analyze data from the National 

13 Assessment of Educational Progress and 

14 comparable international assessments; 

15 ‘‘(iii) identify trends in student 

16 achievement and high school graduation 

17 rates (including 4-year adjusted cohort 

18 graduation rates and extended-year ad19 justed cohort graduation rates), by ana20 lyzing and reporting on the status and per21 formance of students, disaggregated by 

22 achievement level and by each of the cat23 egories of students, as defined in sub24 section (b)(3)(A), and by students in rural 

25 schools; 
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1 ‘‘(iv) analyze data on Federal, State, 

2 and local expenditures on education, in3 cluding per-pupil spending, teacher sala4 ries, school-level spending, and other finan5 cial data publicly available, and report on 

6 current trends and major findings; and 

7 ‘‘(v) analyze information on the teach8 ing, principal, and other school leader pro9 fessions, including education and training, 

10 retention and mobility, and effectiveness in 

11 improving student achievement. 

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

13 used to prepare the report described in sub14 paragraph (A) shall be derived from existing 

15 State and local reporting requirements and data 

16 sources. Nothing in this paragraph shall be con17 strued as authorizing, requiring, or allowing 

18 any additional reporting requirements, data ele19 ments, or information to be reported to the Sec20 retary not otherwise explicitly authorized by any 

21 other Federal law. 

22 ‘‘(C) PUBLIC RECOGNITION.—The Sec23 retary may identify and publicly recognize 

24 States, local educational agencies, schools, pro-
110 

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1 grams, and individuals for exemplary perform2 ance. 

3 ‘‘(e) VOLUNTARY PARTNERSHIPS.— 

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

5 shall be construed to prohibit a State from entering 

6 into a voluntary partnership with another State to 

7 develop and implement the academic assessments, 

8 challenging State academic standards, and account9 ability systems required under this section. 

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

11 prohibited from requiring or coercing a State to 

12 enter into a voluntary partnership described in para13 graph (1), including— 

14 ‘‘(A) as a condition of approval of a State 

15 plan under this section; 

16 ‘‘(B) as a condition of an award of Federal 

17 funds under any grant, contract, or cooperative 

18 agreement; 

19 ‘‘(C) as a condition of approval of a waiver 

20 under section 9401; or 

21 ‘‘(D) by providing any priority, preference, 

22 or special consideration during the application 

23 process under any grant, contract, or coopera24 tive agreement. 
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1 ‘‘(f) SPECIAL RULE WITH RESPECT TO BUREAU2 FUNDED SCHOOLS.—In determining the assessments to be 

3 used by each school operated or funded by the Bureau 

4 of Indian Education of the Department of the Interior 

5 that receives funds under this part, the following shall 

6 apply: 

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

8 State in which it is operating shall use the assess9 ments the State has developed and implemented to 

10 meet the requirements of this section, or such other 

11 appropriate assessment as approved by the Secretary 

12 of the Interior. 

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

14 regional accrediting organization shall adopt an ap15 propriate assessment in consultation with, and with 

16 the approval of, the Secretary of the Interior and 

17 consistent with assessments adopted by other schools 

18 in the same State or region, that meets the require19 ments of this section. 

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

21 tribal accrediting agency or tribal division of edu22 cation shall use an assessment developed by such 

23 agency or division, except that the Secretary of the 

24 Interior shall ensure that such assessment meets the 

25 requirements of this section. 
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1 ‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

2 ‘‘(a) PLANS REQUIRED.— 

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

4 may receive a subgrant under this part for any fiscal 

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

6 educational agency a plan, approved by the State 

7 educational agency, that— 

8 ‘‘(A) is developed with timely and mean9 ingful consultation with teachers, principals, 

10 other school leaders, public charter school rep11 resentatives (if applicable), specialized instruc12 tional support personnel, paraprofessionals (in13 cluding organizations representing such individ14 uals), administrators (including administrators 

15 of programs described in other parts of this 

16 title), and other appropriate school personnel, 

17 and with parents of children in schools served 

18 under this part; 

19 ‘‘(B) satisfies the requirements of this sec20 tion; and 

21 ‘‘(C) as appropriate, is coordinated with 

22 other programs under this Act, the Individuals 

23 with Disabilities Education Act, the Rehabilita24 tion Act of 1973, the Carl D. Perkins Career 

25 and Technical Education Act of 2006, the 

26 Workforce Innovation and Opportunity Act, the 
113 

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1 Head Start Act, the Child Care and Develop2 ment Block Grant Act of 1990, the Education 

3 Sciences Reform Act of 2002, the Education 

4 Technical Assistance Act, the National Assess5 ment of Educational Progress Authorization 

6 Act, the McKinney-Vento Homeless Assistance 

7 Act, and the Adult Education and Family Lit8 eracy Act. 

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

10 may be submitted as part of a consolidated applica11 tion under section 9305. 

12 ‘‘(3) STATE REVIEW AND APPROVAL.— 

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

14 agency plan shall be filed according to a sched15 ule established by the State educational agency. 

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

17 agency shall approve a local educational agen18 cy’s plan only if the State educational agency 

19 determines that the local educational agency’s 

20 plan meets the requirements of this part and 

21 enables children served under this part to meet 

22 the challenging State academic standards de23 scribed in section 1111(b)(1). 

24 ‘‘(4) DURATION.—Each local educational agen25 cy plan shall be submitted for the first year for 
114 

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1 which this part is in effect following the date of en2 actment of the Every Child Achieves Act of 2015 

3 and shall remain in effect for the duration of the 

4 agency’s participation under this part. 

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

6 shall periodically review and, as necessary, revise its 

7 plan to reflect changes in the local educational agen8 cy’s strategies and programs under this part. 

9 ‘‘(6) RENEWAL.—A local educational agency 

10 that desires to continue participating in a program 

11 under this part shall submit a renewed plan on a 

12 periodic basis, as determined by the State. 

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

14 receive a high-quality education that prepares them for 

15 postsecondary education or the workforce without the need 

16 for postsecondary remediation, and to close the achieve17 ment gap between children meeting the challenging State 

18 academic standards and those who are not, each local edu19 cational agency plan shall describe— 

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

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

22 students meet the challenging State academic stand23 ards by— 
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1 ‘‘(A) developing and implementing a com2 prehensive program of instruction to meet the 

3 academic needs of all students; 

4 ‘‘(B) identifying quickly and effectively 

5 students who may be at risk for academic fail6 ure; 

7 ‘‘(C) providing additional educational as8 sistance to individual students determined as 

9 needing help in meeting the challenging State 

10 academic standards; 

11 ‘‘(D) identifying significant gaps in stu12 dent academic achievement and graduation 

13 rates between each of the categories of stu14 dents, as defined in section 1111(b)(3)(A), and 

15 developing strategies to reduce such gaps in 

16 achievement and graduation rates; and 

17 ‘‘(E) identifying and implementing evi18 dence-based methods and instructional strate19 gies intended to strengthen the academic pro20 gram of the school and improve school climate; 

21 ‘‘(2) how the local educational agency will mon22 itor and evaluate the effectiveness of school pro23 grams in improving student academic achievement 

24 and academic growth, if applicable, especially for 
116 

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1 students not meeting the challenging State academic 

2 standards; 

3 ‘‘(3) how the local educational agency will— 

4 ‘‘(A) ensure that all teachers and para5 professionals working in a program supported 

6 with funds under this part meet applicable 

7 State certification and licensure requirements, 

8 including alternative certification requirements; 

9 and 

10 ‘‘(B) identify and address, as required 

11 under State plans as described in section 

12 1111(c)(1)(F), any disparities that result in 

13 low-income students and minority students 

14 being taught at higher rates than other stu15 dents by ineffective, inexperienced, and out-of16 field teachers; 

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

18 will take to assist schools identified as in need of 

19 intervention and support under section 1114, includ20 ing the lowest-performing schools in the local edu21 cational agency, and schools identified for other rea22 sons, including schools with categories of students, 

23 as defined in section 1111(b)(3)(A), not meeting the 

24 goals described in section 1111(b)(3)(B), to improve 

25 student academic achievement, the funds used to 
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†S 1177 ES

1 conduct such actions, and how such agency will 

2 monitor such actions; 

3 ‘‘(5) the poverty criteria that will be used to se4 lect school attendance areas under section 1113; 

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

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

8 for children living in local institutions for neglected 

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

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

12 will provide homeless children, including services 

13 provided with funds reserved under section 

14 1113(a)(4)(A)(i); 

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

16 will use to implement effective parent and family en17 gagement under section 1115; 

18 ‘‘(9) if applicable, how the local educational 

19 agency will coordinate and integrate services pro20 vided under this part with preschool educational 

21 services at the local educational agency or individual 

22 school level, such as Head Start programs, the lit23 eracy program under part D of title II, State-funded 

24 preschool programs, and other community-based 

25 early childhood education programs, including plans 
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1 for the transition of participants in such programs 

2 to local elementary school programs; 

3 ‘‘(10) how the local educational agency will co4 ordinate programs and integrate services under this 

5 part with other Federal, State, tribal, and local serv6 ices and programs, including programs supported 

7 under this Act, the Carl D. Perkins Career and 

8 Technical Education Act of 2006, the Individuals 

9 with Disabilities Education Act, the Rehabilitation 

10 Act of 1973, the Head Start Act, the Child Care 

11 and Development Block Grant Act of 1990, the 

12 Workforce Innovation and Opportunity Act, the 

13 McKinney-Vento Homeless Assistance Act, and the 

14 Education Sciences Reform Act of 2002, violence 

15 prevention programs, nutrition programs, and hous16 ing programs; 

17 ‘‘(11) how teachers and school leaders, in con18 sultation with parents, administrators, paraprofes19 sionals, and specialized instructional support per20 sonnel, in schools operating a targeted assistance 

21 school program under section 1113, will identify the 

22 eligible children most in need of services under this 

23 part; 

24 ‘‘(12) in the case of a local educational agency 

25 that proposes to use funds under this part to sup-
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1 port a multi-tiered system of supports, positive be2 havioral interventions and supports, or early inter3 vening services, how the local educational agency will 

4 provide such activities and services and coordinate 

5 them with similar activities and services carried out 

6 under the Individuals with Disabilities Education 

7 Act in schools served by the local educational agen8 cy, including by providing technical assistance, train9 ing, and evaluation of the activities and services; 

10 ‘‘(13) how the local educational agency will pro11 vide opportunities for the enrollment, attendance, 

12 and success of homeless children and youths con13 sistent with the requirements of the McKinney14 Vento Homeless Assistance Act and the services the 

15 local educational agency will provide homeless chil16 dren and youths; 

17 ‘‘(14) how the local educational agency will im18 plement strategies to facilitate effective transitions 

19 for students from middle school to high school and 

20 from high school to postsecondary education, includ21 ing— 

22 ‘‘(A) if applicable, through coordination 

23 with institutions of higher education, employers, 

24 and other local partners to seamlessly transition 
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1 students from high school into postsecondary 

2 education or careers without remediation; and 

3 ‘‘(B) a description of the specific transition 

4 activities the local educational agency will take, 

5 such as providing students with access to early 

6 college high school or dual or concurrent enroll7 ment opportunities that enable students during 

8 high school to earn postsecondary credit or an 

9 industry-recognized credential that meets any 

10 quality standards required by the State or uti11 lizing comprehensive career counseling to iden12 tify student interests and skills; 

13 ‘‘(15) how the local educational agency will ad14 dress school discipline issues, which may include 

15 identifying and supporting schools with significant 

16 discipline disparities, or high rates of discipline, 

17 disaggregated by each of the categories of students, 

18 as defined in section 1111(b)(3)(A), including by 

19 providing technical assistance on effective strategies 

20 to reduce such disparities and high rates; 

21 ‘‘(16) how the local educational agency will ad22 dress school climate issues, which may include iden23 tifying and improving performance on school climate 

24 indicators related to student achievement and pro25 viding technical assistance to schools; 
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1 ‘‘(17) how the local educational agency will pro2 vide opportunities for the enrollment, attendance, 

3 and success of expectant and parenting students and 

4 the services the local educational agency will provide 

5 expectant and parenting students; 

6 ‘‘(18) if determined appropriate by the local 

7 educational agency, how such agency will support 

8 programs that promote integrated academic and ca9 reer and technical education content through coordi10 nated instructional strategies, that may incorporate 

11 experiential learning opportunities; and 

12 ‘‘(19) any other information on how the local 

13 educational agency proposes to use funds to meet 

14 the purposes of this part, and that the local edu15 cational agency determines appropriate to provide, 

16 which may include how the local educational agency 

17 will— 

18 ‘‘(A) assist schools in identifying and serv19 ing gifted and talented students; 

20 ‘‘(B) assist schools in developing effective 

21 school library programs to provide students an 

22 opportunity to develop digital literacy skills and 

23 to help ensure that all students graduate from 

24 high school prepared for postsecondary edu-
122 

†S 1177 ES

1 cation or the workforce without the need for re2 mediation; and 

3 ‘‘(C) encourage the offering of a variety of 

4 well-rounded education experiences to students. 

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

6 plan shall provide assurances that the local educational 

7 agency will— 

8 ‘‘(1) ensure that migratory children and for9 merly migratory children who are eligible to receive 

10 services under this part are selected to receive such 

11 services on the same basis as other children who are 

12 selected to receive services under this part; 

13 ‘‘(2) provide services to eligible children attend14 ing private elementary schools and secondary schools 

15 in accordance with section 1116, and timely and 

16 meaningful consultation with private school officials 

17 regarding such services; 

18 ‘‘(3) participate, if selected, in the National As19 sessment of Educational Progress in reading and 

20 mathematics in grades 4 and 8 carried out under 

21 section 303(b)(3) of the National Assessment of 

22 Educational Progress Authorization Act; 

23 ‘‘(4) coordinate and integrate services provided 

24 under this part with other educational services at 

25 the local educational agency or individual school 
123 

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1 level, such as services for English learners, children 

2 with disabilities, migratory children, American In3 dian, Alaska Native, and Native Hawaiian children, 

4 and homeless children, in order to increase program 

5 effectiveness, eliminate duplication, and reduce frag6 mentation of the instructional program; 

7 ‘‘(5) collaborate with the State or local child 

8 welfare agency and, by not later than 1 year after 

9 the date of enactment of the Every Child Achieves 

10 Act of 2015, develop and implement clear written 

11 procedures governing how transportation to main12 tain children in foster care in their school of origin 

13 when in their best interest will be provided, ar14 ranged, and funded for the duration of the time in 

15 foster care, which procedures shall— 

16 ‘‘(A) ensure that children in foster care 

17 needing transportation to the school of origin 

18 will promptly receive transportation in a cost-ef19 fective manner and in accordance with section 

20 475(4)(A) of the Social Security Act (42 U.S.C. 

21 675(4)(A)); and 

22 ‘‘(B) ensure that, if there are additional 

23 costs incurred in providing transportation to 

24 maintain children in foster care in their schools 
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1 of origin, the local educational agency will pro2 vide transportation to the school of origin if— 

3 ‘‘(i) the local child welfare agency 

4 agrees to reimburse the local educational 

5 agency for the cost of such transportation; 

6 ‘‘(ii) the local educational agency 

7 agrees to pay for the cost of such transpor8 tation; or 

9 ‘‘(iii) the local educational agency and 

10 the local child welfare agency agree to 

11 share the cost of such transportation; and 

12 ‘‘(6) designate a point of contact if the cor13 responding child welfare agency notifies the local 

14 educational agency, in writing, that the agency has 

15 designated an employee to serve as a point of con16 tact for the local educational agency. 

17 ‘‘(d) PARENTS RIGHT-TO-KNOW.— 

18 ‘‘(1) INFORMATION FOR PARENTS .— 

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

20 each school year, a local educational agency 

21 that receives funds under this part shall notify 

22 the parents of each student attending any 

23 school receiving funds under this part that the 

24 parents may request, and the agency will pro25 vide the parents on request (and in a timely 
125 

†S 1177 ES

1 manner), information regarding any State or 

2 local educational agency policy, procedure, or 

3 parental right regarding student participation 

4 in any mandated assessments for that school 

5 year, in addition to information regarding the 

6 professional qualifications of the student’s 

7 classroom teachers, including at a minimum, 

8 the following: 

9 ‘‘(i) Whether the teacher has met 

10 State qualification and licensing criteria 

11 for the grade levels and subject areas in 

12 which the teacher provides instruction. 

13 ‘‘(ii) Whether the teacher is teaching 

14 under emergency or other provisional sta15 tus through which State qualification or li16 censing criteria have been waived. 

17 ‘‘(iii) The field of discipline of the cer18 tification of the teacher. 

19 ‘‘(iv) Whether the child is provided 

20 services by paraprofessionals and, if so, 

21 their qualifications. 

22 ‘‘(B) ADDITIONAL INFORMATION.—In ad23 dition to the information that parents may re24 quest under subparagraph (A), a school that re25 ceives funds under this part shall provide to 
126 

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1 each individual parent of a child who is a stu2 dent in such school, with respect to such stu3 dent— 

4 ‘‘(i) information on the level of 

5 achievement and academic growth of the 

6 student, if applicable and available, on 

7 each of the State academic assessments re8 quired under this part; and 

9 ‘‘(ii) timely notice that the student 

10 has been assigned, or has been taught for 

11 4 or more consecutive weeks by, a teacher 

12 who does not meet applicable State certifi13 cation or licensure requirements at the 

14 grade level and subject area in which the 

15 teacher has been assigned. 

16 ‘‘(2) TESTING TRANSPARENCY.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), each local educational agency that 

19 receives funds under this part shall make widely 

20 available through public means (including by 

21 posting in a clear and easily accessible manner 

22 on the local educational agency’s website and, 

23 where practicable, on the website of each school 

24 served by the local educational agency) for each 

25 grade served by the local educational agency, 
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†S 1177 ES

1 information on each assessment required by the 

2 State to comply with section 1111, other assess3 ments required by the State, and where such 

4 information is available and feasible to report, 

5 assessments required districtwide by the local 

6 educational agency, including— 

7 ‘‘(i) the subject matter assessed; 

8 ‘‘(ii) the purpose for which the assess9 ment is designed and used; 

10 ‘‘(iii) the source of the requirement 

11 for the assessment; and 

12 ‘‘(iv) where such information is avail13 able— 

14 ‘‘(I) the amount of time students 

15 will spend taking the assessment, and 

16 the schedule and calendar for the as17 sessment; and 

18 ‘‘(II) the time and format for dis19 seminating results. 

20 ‘‘(B) LOCAL EDUCATIONAL AGENCY THAT

21 DOES NOT OPERATE A WEBSITE.—In the case 

22 of a local educational agency that does not op23 erate a website, such local educational agency 

24 shall determine how to make the information 

25 described in subparagraph (A) widely available, 
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1 such as through distribution of that information 

2 to the media, through public agencies, or di3 rectly to parents. 

4 ‘‘(3) LANGUAGE INSTRUCTION.— 

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

6 agency using funds under this part or title III 

7 to provide a language instruction educational 

8 program as determined under title III shall, not 

9 later than 30 days after the beginning of the 

10 school year, inform a parent or parents of a 

11 child who is an English learner identified for 

12 participation or participating in such a pro13 gram, of— 

14 ‘‘(i) the reasons for the identification 

15 of their child as an English learner and in 

16 need of placement in a language instruc17 tion educational program; 

18 ‘‘(ii) the child’s level of English pro19 ficiency, how such level was assessed, and 

20 the status of the child’s academic achieve21 ment; 

22 ‘‘(iii) the methods of instruction used 

23 in the program in which their child is, or 

24 will be, participating and the methods of 

25 instruction used in other available pro-
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1 grams, including how such programs differ 

2 in content, instructional goals, and the use 

3 of English and a native language in in4 struction; 

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

6 child is, or will be, participating will meet 

7 the educational strengths and needs of 

8 their child; 

9 ‘‘(v) how such program will specifi10 cally help their child learn English and 

11 meet age-appropriate academic achieve12 ment standards for grade promotion and 

13 graduation; 

14 ‘‘(vi) the specific exit requirements for 

15 the program, including the expected rate of 

16 transition from such program into class17 rooms that are not tailored for children 

18 who are English learners, and the expected 

19 rate of graduation from high school (in20 cluding 4-year adjusted cohort graduation 

21 rates and extended-year adjusted cohort 

22 graduation rates for such program) if 

23 funds under this part are used for children 

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

5 614(d) of the Individuals with Disabilities 

6 Education Act; and 

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

10 ‘‘(I) detailing the right that par11 ents have to have their child imme12 diately removed from such program 

13 upon their request; 

14 ‘‘(II) detailing the options that 

15 parents have to decline to enroll their 

16 child in such program or to choose an17 other program or method of instruc18 tion, if available; and 

19 ‘‘(III) assisting parents in select20 ing among various programs and 

21 methods of instruction, if more than 1 

22 program or method is offered by the 

23 eligible entity. 

24 ‘‘(B) SPECIAL RULE APPLICABLE DURING

25 THE SCHOOL YEAR.—For those children who 
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1 have not been identified as English learners 

2 prior to the beginning of the school year but are 

3 identified as English learners during such 

4 school year, the local educational agency shall 

5 notify the children’s parents during the first 2 

6 weeks of the child being placed in a language 

7 instruction educational program consistent with 

8 subparagraph (A). 

9 ‘‘(C) PARENTAL PARTICIPATION.—Each 

10 local educational agency receiving funds under 

11 this part and title III shall implement an effec12 tive means of outreach to parents of children 

13 who are English learners to inform the parents 

14 how the parents can be involved in the edu15 cation of their children, and be active partici16 pants in assisting their children to attain 

17 English proficiency, achieve at high levels in 

18 core academic subjects, and meet the chal19 lenging State academic standards expected of 

20 all students, including holding, and sending no21 tice of opportunities for, regular meetings for 

22 the purpose of formulating and responding to 

23 recommendations from parents of students as24 sisted under this part and title III. 
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1 ‘‘(D) BASIS FOR ADMISSION OR EXCLU2 SION.—A student shall not be admitted to, or 

3 excluded from, any federally assisted education 

4 program on the basis of a surname or language5 minority status. 

6 ‘‘(3) NOTICE AND FORMAT.—The notice and in7 formation provided to parents under this subsection 

8 shall be in an understandable and uniform format 

9 and, to the extent practicable, provided in a lan10 guage that the parents can understand. 

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

12 SCHOOLWIDE PROGRAMS; TARGETED ASSIST13 ANCE PROGRAMS. 

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

15 ‘‘(1) DETERMINATION.— 

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

17 agency shall use funds received under this part 

18 only in eligible school attendance areas. 

19 ‘‘(B) ELIGIBLE SCHOOL ATTENDANCE

20 AREAS.—In this part— 

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

22 means, in relation to a particular school, 

23 the geographical area in which the children 

24 who are normally served by that school re25 side; and 
133 

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1 ‘‘(ii) the term ‘eligible school attend2 ance area’ means a school attendance area 

3 in which the percentage of children from 

4 low-income families is at least as high as 

5 the percentage of children from low-income 

6 families served by the local educational 

7 agency as a whole. 

8 ‘‘(C) RANKING ORDER.— 

9 ‘‘(i) IN GENERAL.—Except as pro10 vided in clause (ii), if funds allocated in ac11 cordance with paragraph (3) are insuffi12 cient to serve all eligible school attendance 

13 areas, a local educational agency shall— 

14 ‘‘(I) annually rank, without re15 gard to grade spans, such agency’s el16 igible school attendance areas in 

17 which the concentration of children 

18 from low-income families exceeds 75 

19 percent, or exceeds 50 percent in the 

20 case of the high schools served by 

21 such agency, from highest to lowest 

22 according to the percentage of chil23 dren from low-income families; and 

24 ‘‘(II) serve such eligible school 

25 attendance areas in rank order. 
134 

†S 1177 ES

1 ‘‘(ii) RULE OF CONSTRUCTION.— 

2 Nothing in this subparagraph shall be con3 strued as requiring a local educational 

4 agency to reduce, in order to comply with 

5 clause (i), the amount of funding provided 

6 under this part to elementary schools and 

7 middle schools from the amount of funding 

8 provided under this part to such schools 

9 for the fiscal year preceding the date of en10 actment of the Every Child Achieves Act of 

11 2015 in order to provide funding under 

12 this part to high schools pursuant to clause 

13 (i). 

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

15 after serving all eligible school attendance areas 

16 under subparagraph (C), a local educational 

17 agency shall— 

18 ‘‘(i) annually rank such agency’s re19 maining eligible school attendance areas 

20 from highest to lowest either by grade 

21 span or for the entire local educational 

22 agency according to the percentage of chil23 dren from low-income families; and 

24 ‘‘(ii) serve such eligible school attend25 ance areas in rank order either within each 
135 

†S 1177 ES

1 grade-span grouping or within the local 

2 educational agency as a whole. 

3 ‘‘(E) MEASURES.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), a local educational 

6 agency shall use the same measure of pov7 erty, which measure shall be the number of 

8 children aged 5 through 17 in poverty 

9 counted in the most recent census data ap10 proved by the Secretary, the number of 

11 children eligible for a free or reduced price 

12 lunch under the Richard B. Russell Na13 tional School Lunch Act, the number of 

14 children in families receiving assistance 

15 under the State program funded under 

16 part A of title IV of the Social Security 

17 Act, or the number of children eligible to 

18 receive medical assistance under the Med19 icaid program established under title XIX 

20 of the Social Security Act, or a composite 

21 of such indicators, with respect to all 

22 school attendance areas in the local edu23 cational agency— 

24 ‘‘(I) to identify eligible school at25 tendance areas; 
136 

†S 1177 ES

1 ‘‘(II) to determine the ranking of 

2 each area; and 

3 ‘‘(III) to determine allocations 

4 under paragraph (3). 

5 ‘‘(ii) SECONDARY SCHOOLS.—For 

6 measuring the number of students in low7 income families in secondary schools, the 

8 local educational agency shall use the same 

9 measure of poverty, which shall be— 

10 ‘‘(I) the calculation described 

11 under clause (i); or 

12 ‘‘(II) an accurate estimate of the 

13 number of students in low-income 

14 families in a secondary school that is 

15 calculated by applying the average 

16 percentage of students in low-income 

17 families of the elementary school at18 tendance areas as calculated under 

19 clause (i) that feed into the secondary 

20 school to the number of students en21 rolled in such school. 

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

23 not apply to a local educational agency with a 

24 total enrollment of less than 1,000 children. 
137 

†S 1177 ES

1 ‘‘(G) WAIVER FOR DESEGREGATION

2 PLANS.—The Secretary may approve a local 

3 educational agency’s written request for a waiv4 er of the requirements of this paragraph and 

5 paragraph (3) and permit such agency to treat 

6 as eligible, and serve, any school that children 

7 attend with a State-ordered, court-ordered 

8 school desegregation plan or a plan that con9 tinues to be implemented in accordance with a 

10 State-ordered or court-ordered desegregation 

11 plan, if— 

12 ‘‘(i) the number of economically dis13 advantaged children enrolled in the school 

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

15 enrollment; and 

16 ‘‘(ii) the Secretary determines, on the 

17 basis of a written request from such agen18 cy and in accordance with such criteria as 

19 the Secretary establishes, that approval of 

20 that request would further the purposes of 

21 this part. 

22 ‘‘(2) LOCAL EDUCATIONAL AGENCY DISCRE23 TION.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding para25 graph (1)(B), a local educational agency may— 
138 

†S 1177 ES

1 ‘‘(i) designate as eligible any school 

2 attendance area or school in which at least 

3 35 percent of the children are from low-in4 come families; 

5 ‘‘(ii) use funds received under this 

6 part in a school that is not in an eligible 

7 school attendance area, if the percentage 

8 of children from low-income families en9 rolled in the school is equal to or greater 

10 than the percentage of such children in a 

11 participating school attendance area of 

12 such agency; 

13 ‘‘(iii) designate and serve a school at14 tendance area or school that is not eligible 

15 under this section, but that was eligible 

16 and that was served in the preceding fiscal 

17 year, but only for 1 additional fiscal year; 

18 and 

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

20 school attendance area or eligible school 

21 that has a higher percentage of children 

22 from low-income families if— 

23 ‘‘(I) the school meets the com24 parability requirements of section 

25 1117(c); 
139 

†S 1177 ES

1 ‘‘(II) the school is receiving sup2 plemental funds from other State or 

3 local sources that are spent according 

4 to the requirements of this section; 

5 and 

6 ‘‘(III) the funds expended from 

7 such other sources equal or exceed the 

8 amount that would be provided under 

9 this part. 

10 ‘‘(B) SPECIAL RULE.—Notwithstanding 

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

12 attending private elementary schools and sec13 ondary schools who are to receive services, and 

14 the assistance such children are to receive 

15 under this part, shall be determined without re16 gard to whether the public school attendance 

17 area in which such children reside is assisted 

18 under subparagraph (A). 

19 ‘‘(3) ALLOCATIONS.— 

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

21 agency shall allocate funds received under this 

22 part to eligible school attendance areas or eligi23 ble schools, identified under paragraphs (1) and 

24 (2) in rank order, on the basis of the total 
140 

†S 1177 ES

1 number of children from low-income families in 

2 each area or school. 

3 ‘‘(B) SPECIAL RULE.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), the per-pupil amount 

6 of funds allocated to each school attend7 ance area or school under subparagraph 

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

9 per-pupil amount of funds a local edu10 cational agency received for that year 

11 under the poverty criteria described by the 

12 local educational agency in the plan sub13 mitted under section 1112, except that this 

14 clause shall not apply to a local edu15 cational agency that only serves schools in 

16 which the percentage of such children is 35 

17 percent or greater. 

18 ‘‘(ii) EXCEPTION.—A local edu19 cational agency may reduce the amount of 

20 funds allocated under clause (i) for a 

21 school attendance area or school by the 

22 amount of any supplemental State and 

23 local funds expended in that school attend24 ance area or school for programs that meet 

25 the requirements of this section. 
141 

†S 1177 ES

1 ‘‘(4) RESERVATION OF FUNDS.— 

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

3 agency shall reserve such funds as are nec4 essary under this part to provide services com5 parable to those provided to children in schools 

6 funded under this part to serve— 

7 ‘‘(i) homeless children, including pro8 viding educationally related support serv9 ices to children in shelters and other loca10 tions where children may live; 

11 ‘‘(ii) children in local institutions for 

12 neglected children; and 

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

14 institutions for delinquent children, and 

15 neglected or delinquent children in commu16 nity day programs. 

17 ‘‘(B) HOMELESS CHILDREN AND YOUTH.— 

18 Funds reserved under subparagraph (A)(i) may 

19 be— 

20 ‘‘(i) determined based on a needs as21 sessment of homeless children and youths 

22 in the local educational agency, as con23 ducted under section 723(b)(1) of the 

24 McKinney-Vento Homeless Assistance Act; 

25 and 
142 

†S 1177 ES

1 ‘‘(ii) used to provide homeless children 

2 and youths with services not ordinarily 

3 provided to other students under this part, 

4 including providing— 

5 ‘‘(I) funding for the liaison des6 ignated pursuant to section 

7 722(g)(1)(J)(ii) of such Act; and 

8 ‘‘(II) transportation pursuant to 

9 section 722(g)(1)(J)(iii) of such Act. 

10 ‘‘(5) EARLY CHILDHOOD EDUCATION.—A local 

11 educational agency may reserve funds made avail12 able to carry out this section to provide early child13 hood education programs for eligible children. 

14 ‘‘(b) SCHOOLWIDE PROGRAMS AND TARGETED AS15 SISTANCE SCHOOLS.— 

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

17 receive funds under this part, the local educational 

18 agency shall determine whether the school shall op19 erate a schoolwide program consistent with sub20 section (c) or a targeted assistance school program 

21 consistent with subsection (d). 

22 ‘‘(2) NEEDS ASSESSMENT.—The determination 

23 under paragraph (1) shall be— 

24 ‘‘(A) based on a comprehensive needs as25 sessment of the entire school that takes into ac-
143 

†S 1177 ES

1 count information on the academic achievement 

2 of children in relation to the challenging State 

3 academic standards under section 1111(b)(1), 

4 particularly the needs of those children who are 

5 failing, or are at-risk of failing, to meet the 

6 challenging State academic standards and any 

7 other factors as determined by the local edu8 cational agency; and 

9 ‘‘(B) conducted with the participation of 

10 individuals who would carry out the schoolwide 

11 plan, including those individuals under sub12 section (c)(2)(B). 

13 ‘‘(3) COORDINATION.—The needs assessment 

14 under paragraph (2) may be undertaken as part of 

15 other related needs assessments under this Act. 

16 ‘‘(c) SCHOOLWIDE PROGRAMS.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) ELIGIBILITY.—A local educational 

19 agency may consolidate and use funds under 

20 this part, together with other Federal, State, 

21 and local funds, in order to upgrade the entire 

22 educational program of a school that serves an 

23 eligible school attendance area in which not less 

24 than 40 percent of the children are from low25 income families, or not less than 40 percent of 
144 

†S 1177 ES

1 the children enrolled in the school are from 

2 such families. 

3 ‘‘(B) EXCEPTION.—A school that serves an 

4 eligible school attendance area in which less 

5 than 40 percent of the children are from low6 income families, or a school for which less than 

7 40 percent of the children enrolled in the school 

8 are from such families, may operate a 

9 schoolwide program under this section if— 

10 ‘‘(i) the local educational agency in 

11 which the school is located allows such 

12 school to do so; and 

13 ‘‘(ii) the results of the comprehensive 

14 needs assessment conducted under sub15 section (b)(2) determine a schoolwide pro16 gram will best serve the needs of the stu17 dents in the school served under this part 

18 in improving academic achievement and 

19 other factors. 

20 ‘‘(2) SCHOOLWIDE PROGRAM PLAN.—An eligible 

21 school operating a schoolwide program shall develop 

22 a comprehensive plan, in consultation with the local 

23 educational agency, tribes and tribal organizations 

24 present in the community, and other individuals as 

25 determined by the school, that— 
145 

†S 1177 ES

1 ‘‘(A) is developed during a 1-year period, 

2 unless— 

3 ‘‘(i) the local educational agency de4 termines in consultation with the school 

5 that less time is needed to develop and im6 plement the schoolwide program; or 

7 ‘‘(ii) the school is operating a 

8 schoolwide program on the day before the 

9 date of enactment of the Every Child 

10 Achieves Act of 2015, in which case such 

11 school may continue to operate such pro12 gram, but shall develop amendments to its 

13 existing plan during the first year of as14 sistance after that date to reflect the provi15 sions of this section; 

16 ‘‘(B) is developed with the involvement of 

17 parents and other members of the community 

18 to be served and individuals who will carry out 

19 such plan, including teachers, principals, other 

20 school leaders, paraprofessionals present in the 

21 school, and administrators (including adminis22 trators of programs described in other parts of 

23 this title), and, if appropriate, specialized in24 structional support personnel, technical assist25 ance providers, school staff, and students; 
146 

†S 1177 ES

1 ‘‘(C) remains in effect for the duration of 

2 the school’s participation under this part, ex3 cept that the plan and the implementation of, 

4 and results achieved by, the schoolwide program 

5 shall be regularly monitored and revised as nec6 essary to ensure that students are meeting the 

7 challenging State academic standards; 

8 ‘‘(D) is available to the local educational 

9 agency, parents, and the public, and the infor10 mation contained in such plan shall be in an 

11 understandable and uniform format and, to the 

12 extent practicable, provided in a language that 

13 the parents can understand; 

14 ‘‘(E) if appropriate and applicable, devel15 oped in coordination and integration with other 

16 Federal, State, and local services, resources, 

17 and programs, such as programs supported 

18 under this Act, violence prevention programs, 

19 nutrition programs, housing programs, Head 

20 Start programs, adult education programs, ca21 reer and technical education programs, and 

22 interventions and supports for schools identified 

23 as in need of intervention and support under 

24 section 1114; and 

25 ‘‘(F) includes a description of— 
147 

†S 1177 ES

1 ‘‘(i) the results of the comprehensive 

2 needs assessments of the entire school re3 quired under subsection (b)(2); 

4 ‘‘(ii) the strategies that the school will 

5 be implementing to address school needs, 

6 including a description of how such strate7 gies will— 

8 ‘‘(I) provide opportunities for all 

9 children, including each of the cat10 egories of students, as defined in sec11 tion 1111(b)(3)(A), to meet the chal12 lenging State academic standards 

13 under section 1111(b)(1); 

14 ‘‘(II) use evidence-based methods 

15 and instructional strategies that 

16 strengthen the academic program in 

17 the school, increase the amount and 

18 quality of learning time, and help pro19 vide an enriched and accelerated cur20 riculum; 

21 ‘‘(III) address the needs of all 

22 children in the school, but particularly 

23 the needs of those at risk of not meet24 ing the challenging State academic 

25 standards, which may include— 
148 

†S 1177 ES

1 ‘‘(aa) counseling, school2 based mental health programs, 

3 specialized instructional support 

4 services, and mentoring services; 

5 ‘‘(bb) preparation for and 

6 awareness of opportunities for 

7 postsecondary education and the 

8 workforce, including career and 

9 technical education programs, 

10 which may include broadening 

11 secondary school students’ access 

12 to coursework to earn postsec13 ondary credit while still in high 

14 school, such as Advanced Place15 ment and International Bacca16 laureate courses and examina17 tions, and dual or concurrent en18 rollment and early college high 

19 schools; 

20 ‘‘(cc) implementation of a 

21 schoolwide multi-tiered system of 

22 supports, including positive be23 havioral interventions and sup24 ports and early intervening serv25 ices, including through coordina-
149 

†S 1177 ES

1 tion with such activities and serv2 ices carried out under the Indi3 viduals with Disabilities Edu4 cation Act; 

5 ‘‘(dd) implementation of 

6 supports for teachers and other 

7 school personnel, which may in8 clude professional development 

9 and other activities to improve 

10 instruction, activities to recruit 

11 and retain effective teachers, par12 ticularly in high-need schools, 

13 and using data from academic 

14 assessments under section 

15 1111(b)(2) and other formative 

16 and summative assessments to 

17 improve instruction; 

18 ‘‘(ee) programs, activities, 

19 and courses in the core academic 

20 subjects to assist children in 

21 meeting the challenging State 

22 academic standards; and 

23 ‘‘(ff) other strategies to im24 prove student’s academic and 
150 

†S 1177 ES

1 nonacademic skills essential for 

2 success; and 

3 ‘‘(IV) be monitored and improved 

4 over time based on student needs, in5 cluding increased supports for those 

6 students who are lowest-achieving; 

7 ‘‘(iii) if programs are consolidated, the 

8 specific State educational agency and local 

9 educational agency programs and other 

10 Federal programs that will be consolidated 

11 in the schoolwide program; and 

12 ‘‘(iv) if appropriate, how funds will be 

13 used to establish or enhance early child14 hood education programs for children who 

15 are aged 5 or younger, including how pro16 grams will help transition such children to 

17 local elementary school programs. 

18 ‘‘(3) IDENTIFICATION OF STUDENTS NOT RE19 QUIRED.— 

20 ‘‘(A) IN GENERAL.—No school partici21 pating in a schoolwide program shall be re22 quired to identify— 

23 ‘‘(i) particular children under this 

24 part as eligible to participate in a 

25 schoolwide program; or 
151 

†S 1177 ES

1 ‘‘(ii) individual services as supple2 mentary. 

3 ‘‘(B) SUPPLEMENTAL FUNDS.—In accord4 ance with the method of determination de5 scribed in section 1117, a school participating 

6 in a schoolwide program shall use funds avail7 able to carry out this paragraph only to supple8 ment the amount of funds that would, in the 

9 absence of funds under this part, be made 

10 available from non-Federal sources for the 

11 school, including funds needed to provide serv12 ices that are required by law for children with 

13 disabilities and children who are English learn14 ers. 

15 ‘‘(4) EXEMPTION FROM STATUTORY AND REGU16 LATORY REQUIREMENTS.— 

17 ‘‘(A) EXEMPTION.—The Secretary may, 

18 through publication of a notice in the Federal 

19 Register, exempt schoolwide programs under 

20 this section from statutory or regulatory provi21 sions of any other noncompetitive formula grant 

22 program administered by the Secretary (other 

23 than formula or discretionary grant programs 

24 under the Individuals with Disabilities Edu25 cation Act, except as provided in section 
152 

†S 1177 ES

1 613(a)(2)(D) of such Act), or any discretionary 

2 grant program administered by the Secretary, 

3 to support schoolwide programs if the intent 

4 and purposes of such other programs are met. 

5 ‘‘(B) REQUIREMENTS.—A school that 

6 chooses to use funds from such other programs 

7 shall not be relieved of the requirements relat8 ing to health, safety, civil rights, student and 

9 parental participation and involvement, services 

10 to private school children, comparability of serv11 ices, maintenance of effort, uses of Federal 

12 funds to supplement, not supplant non-Federal 

13 funds (in accordance with the method of deter14 mination described in section 1117), or the dis15 tribution of funds to State educational agencies 

16 or local educational agencies that apply to the 

17 receipt of funds from such programs. 

18 ‘‘(C) RECORDS.—A school that chooses to 

19 consolidate and use funds from different Fed20 eral programs under this paragraph shall not be 

21 required to maintain separate fiscal accounting 

22 records, by program, that identify the specific 

23 activities supported by those particular funds as 

24 long as the school maintains records that dem25 onstrate that the schoolwide program, consid-
153 

†S 1177 ES

1 ered as a whole, addresses the intent and pur2 poses of each of the Federal programs that 

3 were consolidated to support the schoolwide 

4 program. 

5 ‘‘(5) PRESCHOOL PROGRAMS.—A school that 

6 operates a schoolwide program under this subsection 

7 may use funds made available under this part to es8 tablish, expand, or enhance preschool programs for 

9 children aged 5 or younger. 

10 ‘‘(d) TARGETED ASSISTANCE SCHOOL PROGRAMS.— 

11 ‘‘(1) IN GENERAL.—Each school selected to re12 ceive funds under subsection (a)(3) for which the 

13 local educational agency serving such school, based 

14 on the results of the comprehensive needs assess15 ment conducted under subsection (b)(2), determines 

16 that the school will operate a targeted assistance 

17 school program, may use funds received under this 

18 part only for programs that provide services to eligi19 ble children under paragraph (3)(A)(ii) who are 

20 identified as having the greatest need for special as21 sistance. 

22 ‘‘(2) TARGETED ASSISTANCE SCHOOL PRO23 GRAM.—Each school operating a targeted assistance 

24 school program shall develop a plan, in consultation 
154 

†S 1177 ES

1 with the local educational agency and other individ2 uals as determined by the school, that includes— 

3 ‘‘(A) a description of the results of the 

4 comprehensive needs assessments of the entire 

5 school required under subsection (b)(2); 

6 ‘‘(B) a description of the process for deter7 mining which students will be served and the 

8 students to be served; 

9 ‘‘(C) a description of how the activities 

10 supported under this part will be coordinated 

11 with and incorporated into the regular edu12 cation program of the school; 

13 ‘‘(D) a description of how the program will 

14 serve participating students identified under 

15 paragraph (3)(A)(ii), including by— 

16 ‘‘(i) using resources under this part, 

17 such as support for programs, activities, 

18 and courses in core academic subjects to 

19 help participating children meet the chal20 lenging State academic standards; 

21 ‘‘(ii) using methods and instructional 

22 strategies that are evidence-based to 

23 strengthen the core academic program of 

24 the school and that may include— 
155 

†S 1177 ES

1 ‘‘(I) expanded learning time, 

2 before- and after-school programs, 

3 and summer programs and opportuni4 ties; or 

5 ‘‘(II) a multi-tiered system of 

6 supports, positive behavioral interven7 tions and supports, and early inter8 vening services; 

9 ‘‘(iii) coordinating with and sup10 porting the regular education program, 

11 which may include services to assist pre12 school children in the transition from early 

13 childhood education programs such as 

14 Head Start, the literacy program under 

15 part D of title II, or State-run preschool 

16 programs to elementary school programs; 

17 ‘‘(iv) supporting effective teachers, 

18 principals, other school leaders, paraprofes19 sionals, and, if appropriate, specialized in20 structional support personnel, and other 

21 school personnel who work with partici22 pating children in programs under this 

23 subsection or in the regular education pro24 gram with resources provided under this 

25 part, and, to the extent practicable, from 
156 

†S 1177 ES

1 other sources, through professional devel2 opment; 

3 ‘‘(v) implementing strategies to in4 crease parental involvement of parents of 

5 participating children in accordance with 

6 section 1115; and 

7 ‘‘(vi) if applicable, coordinating and 

8 integrating Federal, State, and local serv9 ices and programs, such as programs sup10 ported under this Act, violence prevention 

11 programs, nutrition programs, housing 

12 programs, Head Start programs, adult 

13 education programs, career and technical 

14 education, and intervention and supports 

15 in schools identified as in need of interven16 tion and support under section 1114; and 

17 ‘‘(E) assurances that the school will— 

18 ‘‘(i) help provide an accelerated, high19 quality curriculum; 

20 ‘‘(ii) minimize removing children from 

21 the regular classroom during regular 

22 school hours for instruction provided under 

23 this part; and 

24 ‘‘(iii) on an ongoing basis, review the 

25 progress of participating children and re-
157 

†S 1177 ES

1 vise the plan under this section, if nec2 essary, to provide additional assistance to 

3 enable such children to meet the chal4 lenging State academic standards. 

5 ‘‘(3) ELIGIBLE CHILDREN.— 

6 ‘‘(A) ELIGIBLE POPULATION.— 

7 ‘‘(i) IN GENERAL.—The eligible popu8 lation for services under this subsection 

9 shall be— 

10 ‘‘(I) children not older than age 

11 21 who are entitled to a free public 

12 education through grade 12; and 

13 ‘‘(II) children who are not yet at 

14 a grade level at which the local edu15 cational agency provides a free public 

16 education. 

17 ‘‘(ii) ELIGIBLE CHILDREN FROM ELI18 GIBLE POPULATION.—From the population 

19 described in clause (i), eligible children are 

20 children identified by the school as failing, 

21 or most at risk of failing, to meet the chal22 lenging State academic standards on the 

23 basis of multiple, educationally related, ob24 jective criteria established by the local edu25 cational agency and supplemented by the 
158 

†S 1177 ES

1 school, except that children from preschool 

2 through grade 2 shall be selected solely on 

3 the basis of criteria, including objective cri4 teria, established by the local educational 

5 agency and supplemented by the school. 

6 ‘‘(B) CHILDREN INCLUDED.— 

7 ‘‘(i) IN GENERAL.—Children who are 

8 economically disadvantaged, children with 

9 disabilities, migrant children, or children 

10 who are English learners, are eligible for 

11 services under this subsection on the same 

12 basis as other children selected to receive 

13 services under this subsection. 

14 ‘‘(ii) HEAD START AND PRESCHOOL

15 CHILDREN.—A child who, at any time in 

16 the 2 years preceding the year for which 

17 the determination is made, participated in 

18 a Head Start program, the literacy pro19 gram under part D of title II, or in pre20 school services under this title, is eligible 

21 for services under this subsection. 

22 ‘‘(iii) MIGRANT CHILDREN.—A child 

23 who, at any time in the 2 years preceding 

24 the year for which the determination is 
159 

†S 1177 ES

1 made, received services under part C is eli2 gible for services under this subsection. 

3 ‘‘(iv) NEGLECTED OR DELINQUENT

4 CHILDREN.—A child in a local institution 

5 for neglected or delinquent children and 

6 youth or attending a community day pro7 gram for such children is eligible for serv8 ices under this subsection. 

9 ‘‘(v) HOMELESS CHILDREN.—A child 

10 who is homeless and attending any school 

11 served by the local educational agency is 

12 eligible for services under this subsection. 

13 ‘‘(C) SPECIAL RULE.—Funds received 

14 under this subsection may not be used to pro15 vide services that are otherwise required by law 

16 to be made available to children described in 

17 subparagraph (B) but may be used to coordi18 nate or supplement such services. 

19 ‘‘(4) INTEGRATION OF PROFESSIONAL DEVEL20 OPMENT.—To promote the integration of staff sup21 ported with funds under this subsection into the reg22 ular school program and overall school planning and 

23 improvement efforts, public school personnel who are 

24 paid with funds received under this subsection 

25 may— 
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†S 1177 ES

1 ‘‘(A) participate in general professional de2 velopment and school planning activities; and 

3 ‘‘(B) assume limited duties that are as4 signed to similar personnel who are not so paid, 

5 including duties beyond classroom instruction 

6 or that do not benefit participating children, so 

7 long as the amount of time spent on such du8 ties is the same proportion of total work time 

9 as prevails with respect to similar personnel at 

10 the same school. 

11 ‘‘(5) SPECIAL RULES.— 

12 ‘‘(A) SIMULTANEOUS SERVICE.—Nothing 

13 in this subsection shall be construed to prohibit 

14 a school from serving students under this sub15 section simultaneously with students with simi16 lar educational needs, in the same educational 

17 settings where appropriate. 

18 ‘‘(B) COMPREHENSIVE SERVICES.—If 

19 health, nutrition, and other social services are 

20 not otherwise available to eligible children in a 

21 school operating a targeted assistance school 

22 program and such school, if appropriate, has 

23 established a collaborative partnership with 

24 local service providers and funds are not rea25 sonably available from other public or private 
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1 sources to provide such services, then a portion 

2 of the funds provided under this subsection may 

3 be used to provide such services, including 

4 through— 

5 ‘‘(i) the provision of basic medical 

6 equipment and services, such as eyeglasses 

7 and hearing aids; 

8 ‘‘(ii) compensation of a coordinator; 

9 ‘‘(iii) family support and engagement 

10 services; 

11 ‘‘(iv) health care services and inte12 grated student supports to address the 

13 physical, mental, and emotional well-being 

14 of children; and 

15 ‘‘(v) professional development nec16 essary to assist teachers, specialized in17 structional support personnel, other staff, 

18 and parents in identifying and meeting the 

19 comprehensive needs of eligible children. 

20 ‘‘(e) USE FOR DUAL OR CONCURRENT ENROLLMENT

21 PROGRAMS.— 

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

23 carrying out a schoolwide program or a targeted as24 sistance school program under subsection (c) or (d) 
162 

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1 in a high school may use funds received under this 

2 part— 

3 ‘‘(A) to carry out— 

4 ‘‘(i) dual or concurrent enrollment 

5 programs for high school students, through 

6 which the students are enrolled in the high 

7 school and in postsecondary courses at an 

8 institution of higher education; or 

9 ‘‘(ii) programs that allow a student to 

10 continue in a dual or concurrent enroll11 ment program at a high school for the 

12 school year following the student’s comple13 tion of grade 12; or 

14 ‘‘(B) to provide training for teachers, and 

15 joint professional development for teachers in 

16 collaboration with career and technical edu17 cators and educators from institutions of higher 

18 education where appropriate, for the purpose of 

19 integrating rigorous academics in dual or con20 current enrollment programs. 

21 ‘‘(2) FLEXIBILITY OF FUNDS.—A local edu22 cational agency using funds received under this part 

23 for a dual or concurrent program described in clause 

24 (i) or (ii) of paragraph (1)(A) may use such funds 
163 

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1 for any of the costs associated with such program, 

2 including the costs of— 

3 ‘‘(A) tuition and fees, books, and required 

4 instructional materials for such program; and 

5 ‘‘(B) transportation to and from such pro6 gram. 

7 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

8 this subsection shall be construed to impose on any 

9 State any requirement or rule regarding dual or con10 current enrollment programs that is inconsistent 

11 with State law. 

12 ‘‘(f) PROHIBITION.—Nothing in this section shall be 

13 construed to authorize the Secretary or any other officer 

14 or employee of the Federal Government to require a local 

15 educational agency or school to submit the results of a 

16 comprehensive needs assessment under subsection (b)(2) 

17 or a plan under subsection (c) or (d) for review or approval 

18 by the Secretary. 

19 ‘‘SEC. 1114. SCHOOL IDENTIFICATION, INTERVENTIONS, 

20 AND SUPPORTS. 

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

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

23 agency receiving funds under this part shall use the 

24 system designed by the State under section 

25 1111(b)(3) to annually— 
164 

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1 ‘‘(A) identify the public schools that re2 ceive funds under this part and are in need of 

3 intervention and support using the method es4 tablished by the State in section 

5 1111(b)(3)(B)(iii); 

6 ‘‘(B) require for inclusion— 

7 ‘‘(i) on each local educational agency 

8 report card required under section 

9 1111(d), the names of schools served by 

10 the agency identified under subparagraph 

11 (A); and 

12 ‘‘(ii) on each school report card re13 quired under section 1111(d), whether the 

14 school was identified under subparagraph 

15 (A); 

16 ‘‘(C) ensure that all public schools that re17 ceive funds under this part and are identified as 

18 in need of intervention and support under sub19 paragraph (A), implement an evidence-based 

20 intervention or support strategy designed by the 

21 State or local educational agency described in 

22 subparagraph (A) or (B) of subsection (b)(3); 

23 ‘‘(D) prioritize intervention and supports 

24 in the identified schools most in need of inter25 vention and support, as determined by the 
165 

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1 State, using the results of the accountability 

2 system under 1111(b)(3)(B)(iii); and 

3 ‘‘(E) monitor and evaluate the implementa4 tion of school intervention and support strate5 gies by local educational agencies, including in 

6 the lowest-performing elementary schools and 

7 secondary schools in the State, and use the re8 sults of the evaluation to take appropriate steps 

9 to change or improve interventions or support 

10 strategies as necessary. 

11 ‘‘(2) STATE EDUCATIONAL AGENCY DISCRE12 TION.—Notwithstanding paragraph (1)(A), a State 

13 educational agency may— 

14 ‘‘(A) identify any middle school or high 

15 school as in need of intervention and support if 

16 at least 40 percent of the children served by 

17 such school are from low-income families (as 

18 measured under section 1113(a)(1)(E)(ii)); and 

19 ‘‘(B) use funds provided under subsection 

20 (c) to assist such school consistent with such 

21 subsection. 

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

24 ‘‘(A) make technical assistance available to 

25 local educational agencies that serve schools 
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1 identified as in need of intervention and sup2 port under paragraph (1)(A); 

3 ‘‘(B) if the State educational agency deter4 mines that a local educational agency failed to 

5 carry out its responsibilities under this section, 

6 take such actions as the State educational agen7 cy determines to be appropriate and in compli8 ance with State law to assist the local edu9 cational agency and ensure that such local edu10 cational agency is carrying out its responsibil11 ities; 

12 ‘‘(C) inform local educational agencies of 

13 schools identified as in need of intervention and 

14 support under paragraph (1)(A) in a timely and 

15 easily accessible manner that is before the be16 ginning of the school year; and 

17 ‘‘(D) publicize and disseminate to the pub18 lic, including teachers, principals and other 

19 school leaders, and parents, the results of the 

20 State review under paragraph (1). 

21 ‘‘(b) LOCAL EDUCATIONAL AGENCY REVIEW AND

22 RESPONSIBILITIES.— 

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

24 agency with a school identified as in need of inter25 vention and support under subsection (a)(1)(A) 
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1 shall, in consultation with teachers, principals and 

2 other school leaders, school personnel, parents, and 

3 community members— 

4 ‘‘(A) conduct a review of such school, in5 cluding by examining the indicators and meas6 ures included in the State-determined account7 ability system described in section 

8 1111(b)(3)(B) to determine the factors that led 

9 to such identification; 

10 ‘‘(B) conduct a review of the agency’s poli11 cies, procedures, personnel decisions, and budg12 etary decisions, including the measures on the 

13 local educational agency and school report cards 

14 under section 1111(d) that impact the school 

15 and could have contributed to the identification 

16 of the school; 

17 ‘‘(C) develop and implement appropriate 

18 intervention and support strategies, as de19 scribed in paragraph (3), that are proportional 

20 to the identified needs of the school, for assist21 ing the identified school; 

22 ‘‘(D) develop a rigorous comprehensive 

23 plan that will be publicly available and provided 

24 to parents, for ensuring the successful imple25 mentation of the intervention and support strat-
168 

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1 egies described in paragraph (3) in identified 

2 schools, which may include— 

3 ‘‘(i) technical assistance that will be 

4 provided to the school; 

5 ‘‘(ii) improved delivery of services to 

6 be provided by the local educational agen7 cy; 

8 ‘‘(iii) increased support for stronger 

9 curriculum, program of instruction, wrap10 around services, or other resources pro11 vided to students in the school; 

12 ‘‘(iv) any changes to personnel nec13 essary to improve educational opportunities 

14 for children in the school; 

15 ‘‘(v) redesigning how time for student 

16 learning or teacher collaboration is used 

17 within the school; 

18 ‘‘(vi) using data to inform instruction 

19 for continuous improvement; 

20 ‘‘(vii) providing increased coaching or 

21 support for principals and other school 

22 leaders to have the knowledge and skills to 

23 lead and implement efforts to improve 

24 schools and to support teachers to improve 

25 instruction; 
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1 ‘‘(viii) improving school climate and 

2 safety; 

3 ‘‘(ix) providing ongoing mechanisms 

4 for family and community engagement to 

5 improve student learning; and 

6 ‘‘(x) establishing partnerships with 

7 entities, including private entities with a 

8 demonstrated record of improving student 

9 achievement, that will assist the local edu10 cational agency in fulfilling its responsibil11 ities under this section; and 

12 ‘‘(E) collect and use data on an ongoing 

13 basis to monitor the results of the intervention 

14 and support strategies and adjust such strate15 gies as necessary during implementation in 

16 order to improve student academic achievement. 

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

18 agency shall promptly provide to a parent or parents 

19 of each student enrolled in a school identified as in 

20 need of intervention and support under subsection 

21 (a)(1)(A) in an easily accessible and understandable 

22 form and, to the extent practicable, in a language 

23 that parents can understand— 

24 ‘‘(A) an explanation of what the identifica25 tion means, and how the school compares in 
170 

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1 terms of academic achievement and other meas2 ures in the State accountability system under 

3 section 1111(b)(3)(B) to other schools served 

4 by the local educational agency and the State 

5 educational agency involved; 

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

7 ‘‘(C) an explanation of what the local edu8 cational agency or State educational agency is 

9 doing to help the school address student aca10 demic achievement and other measures, includ11 ing a description of the intervention and sup12 port strategies developed under paragraph 

13 (1)(C) that will be implemented in the school; 

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

15 can become involved in addressing academic 

16 achievement and other measures that caused 

17 the school to be identified; and 

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

19 to transfer their child to another public school 

20 under paragraph (4), if applicable. 

21 ‘‘(3) SCHOOL INTERVENTION AND SUPPORT

22 STRATEGIES.— 

23 ‘‘(A) IN GENERAL.—Consistent with sub24 section (a)(1) and paragraph (1), a local edu25 cational agency shall develop and implement 
171 

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1 evidence-based intervention and support strate2 gies for an identified school that the local edu3 cational agency determines appropriate to ad4 dress the needs of students in such identified 

5 school, which shall— 

6 ‘‘(i) be designed to address the spe7 cific reasons for identification, as described 

8 in subparagraphs (A) and (B) of para9 graph (1); 

10 ‘‘(ii) be implemented, at a minimum, 

11 in a manner that is proportional to the 

12 specific reasons for identification, as de13 scribed in subparagraphs (A) and (B) of 

14 paragraph (1); and 

15 ‘‘(iii) distinguish between the lowest16 performing schools and other schools iden17 tified as in need of intervention and sup18 port for other reasons, including schools 

19 with categories of students, as defined in 

20 section 1111(b)(3)(A), not meeting the 

21 goals described in section 1111(b)(3)(B)(i), 

22 as determined by the review in subpara23 graphs (A) and (B) of paragraph (1). 

24 ‘‘(B) STATE DETERMINED STRATEGIES.— 

25 Consistent with State law, a State educational 
172 

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1 agency may establish alternative evidence-based 

2 State determined strategies that can be used by 

3 local educational agencies to assist a school 

4 identified as in need of intervention and sup5 port under subsection (a)(1)(A), in addition to 

6 the assistance strategies developed by a local 

7 educational agency under subparagraph (A). 

8 ‘‘(4) PUBLIC SCHOOL CHOICE.— 

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

10 agency may provide all students enrolled in a 

11 school identified as in need of intervention and 

12 support under subsection (a)(1)(A) with the op13 tion to transfer to another public school served 

14 by the local educational agency, unless such an 

15 option is prohibited by State law. 

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

17 option to transfer to another public school, the 

18 local educational agency shall give priority to 

19 the lowest-achieving children from low-income 

20 families, as determined by the local educational 

21 agency for the purposes of allocating funds to 

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

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

24 option to transfer to another public school shall 

25 be enrolled in classes and other activities in the 
173 

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1 public school to which the students transfer in 

2 the same manner as all other children at the 

3 public school. 

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

5 agency shall permit a child who transfers to an6 other public school under this paragraph to re7 main in that school until the child has com8 pleted the highest grade in that school. 

9 ‘‘(E) FUNDING FOR TRANSPORTATION.—A 

10 local educational agency may spend an amount 

11 equal to not more than 5 percent of its alloca12 tion under subpart 2 to pay for the provision of 

13 transportation for students who transfer under 

14 this paragraph to the public schools to which 

15 the students transfer. 

16 ‘‘(5) PROHIBITIONS ON FEDERAL INTER17 FERENCE WITH STATE AND LOCAL DECISIONS.— 

18 Nothing in this section shall be construed to author19 ize or permit the Secretary to establish any criterion 

20 that specifies, defines, or prescribes— 

21 ‘‘(A) any school intervention or support 

22 strategy that States or local educational agen23 cies shall use to assist schools identified as in 

24 need of intervention and support under this sec25 tion; or 
174 

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1 ‘‘(B) the weight of any indicator or meas2 ure that a State shall use to identify schools 

3 under subsection (a). 

4 ‘‘(c) FUNDS FOR LOCAL SCHOOL INTERVENTIONS

5 AND SUPPORTS.— 

6 ‘‘(1) IN GENERAL.— 

7 ‘‘(A) GRANTS AUTHORIZED.—From the 

8 total amount appropriated under section 

9 1002(f) for a fiscal year, the Secretary shall 

10 award grants to States and the Bureau of In11 dian Education of the Department of the Inte12 rior, through an allotment as determined under 

13 subparagraph (B), to carry out the activities 

14 described in this subsection. 

15 ‘‘(B) ALLOTMENTS.—From the total 

16 amount appropriated under section 1002(f) for 

17 a fiscal year, the Secretary shall allot to each 

18 State, the Bureau of Indian Education of the 

19 Department of the Interior, and each outlying 

20 area for such fiscal year with an approved ap21 plication, an amount that bears the same rela22 tionship to such total amount as the amount 

23 such State, the Bureau of Indian Education of 

24 the Department of the Interior, or such out25 lying area received under parts A, C, and D of 
175 

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1 this title for the most recent preceding fiscal 

2 year for which the data are available bears to 

3 the amount received by all such States, the Bu4 reau of Indian Education of the Department of 

5 the Interior, and all such outlying areas under 

6 parts A, C, and D of this title for such most 

7 recent preceding fiscal year. 

8 ‘‘(2) STATE APPLICATION.—A State (including, 

9 for the purpose of this paragraph, the Bureau of In10 dian Education) that desires to receive school inter11 vention and support funds under this subsection 

12 shall submit an application to the Secretary at such 

13 time and in such manner as the Secretary may re14 quire, which shall include a description of— 

15 ‘‘(A) the process and the criteria that the 

16 State will use to award subgrants under para17 graph (4)(A), including how the subgrants will 

18 serve schools identified by the State as the low19 est-performing schools under subsection (a)(1); 

20 ‘‘(B) the process and the criteria the State 

21 will use to determine whether the local edu22 cational agency’s proposal for serving each 

23 identified school meets the requirements of 

24 paragraph (6) and other provisions of this sec25 tion; 
176 

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1 ‘‘(C) how the State will ensure that local 

2 educational agencies conduct a comprehensive 

3 review of each identified school as required 

4 under subsection (b) to identify evidence-based 

5 school intervention and support strategies that 

6 are likely to be successful in each particular 

7 school; 

8 ‘‘(D) how the State will ensure geographic 

9 diversity in making subgrants; 

10 ‘‘(E) how the State will set priorities in 

11 awarding subgrants to local educational agen12 cies, including how the State will prioritize local 

13 educational agencies serving elementary schools 

14 and secondary schools identified as the lowest15 performing schools under subsection (a)(1) that 

16 will use subgrants to serve such schools; 

17 ‘‘(F) how the State will monitor and evalu18 ate the implementation of evidence-based school 

19 intervention and support strategies supported 

20 by funds under this subsection; and 

21 ‘‘(G) how the State will reduce barriers for 

22 schools in the implementation of school inter23 vention and support strategies, including by 

24 providing operational flexibility that would en-
177 

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1 able complete implementation of the selected 

2 school intervention and support strategy. 

3 ‘‘(3) STATE ADMINISTRATION; TECHNICAL AS4 SISTANCE; EXCEPTION.— 

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

6 an allotment under this subsection may reserve 

7 not more than a total of 5 percent of such allot8 ment for the administration of this subsection 

9 to carry out its responsibilities under subsection 

10 (a)(3) to support school and local educational 

11 agency interventions and supports, which may 

12 include activities aimed at building State capac13 ity to support and monitor the local educational 

14 agency and school intervention and supports. 

15 ‘‘(B) EXCEPTION.—Notwithstanding sub16 paragraph (A), a State educational agency may 

17 reserve from the amount allotted under this 

18 subsection additional funds to meet its respon19 sibilities under subsection (a)(3)(B) if a local 

20 educational agency fails to carry out its respon21 sibilities under subsection (b), but shall not re22 serve more than necessary to meet such State 

23 responsibilities. 

24 ‘‘(4) SUBGRANTS TO LOCAL EDUCATIONAL

25 AGENCIES.— 
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†S 1177 ES

1 ‘‘(A) IN GENERAL.—From the amounts 

2 awarded to a State under this subsection, the 

3 State educational agency shall allocate not less 

4 than 95 percent to make subgrants to local edu5 cational agencies, on a competitive basis, to 

6 serve schools identified as in need of interven7 tion and support under subsection (a)(1)(A). 

8 ‘‘(B) DURATION.—The State educational 

9 agency shall award subgrants under this para10 graph for a period of not more than 5 years, 

11 which period may include a planning year. 

12 ‘‘(C) CRITERIA.—Subgrants awarded 

13 under this section shall be of sufficient size to 

14 enable a local educational agency to effectively 

15 implement the selected intervention and support 

16 strategy. 

17 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

18 in this subsection shall be construed as prohib19 iting a State from allocating subgrants under 

20 this subsection to a statewide school district, 

21 consortium of local educational agencies, or an 

22 educational service agency that serves schools 

23 identified as in need of intervention and sup24 port under this section, if such entities are le-
179 

†S 1177 ES

1 gally constituted or recognized as local edu2 cational agencies in the State. 

3 ‘‘(5) APPLICATION.—In order to receive a 

4 subgrant under this subsection, a local educational 

5 agency shall submit an application to the State edu6 cational agency at such time, in such form, and in7 cluding such information as the State educational 

8 agency may require. Each application shall include, 

9 at a minimum— 

10 ‘‘(A) a description of the process the local 

11 educational agency has used for selecting an ap12 propriate evidence-based school intervention and 

13 support strategy for each school to be served, 

14 including how the local educational agency has 

15 analyzed the needs of each such school in ac16 cordance with subsection (b)(1) and meaning17 fully consulted with teachers, principals, and 

18 other school leaders in selecting such interven19 tion and support strategy; 

20 ‘‘(B) the specific evidence-based school 

21 interventions and supports to be used in each 

22 school to be served, how these interventions and 

23 supports will address the needs identified in the 

24 review under subsection (b)(1), and the timeline 
180 

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1 for implementing such school interventions and 

2 supports in each school to be served; 

3 ‘‘(C) a detailed budget covering the grant 

4 period, including planned expenditures at the 

5 school level for activities supporting full and ef6 fective implementation of the selected school 

7 intervention and support strategy; 

8 ‘‘(D) a description of how the local edu9 cational agency will— 

10 ‘‘(i) design and implement the selected 

11 school intervention and support strategy, 

12 in accordance with the requirements of 

13 subsection (b)(1)(C), including the use of 

14 appropriate measures to monitor the effec15 tiveness of implementation; 

16 ‘‘(ii) use a rigorous review process to 

17 recruit, screen, select, and evaluate any ex18 ternal partners with whom the local edu19 cational agency will partner; 

20 ‘‘(iii) align other Federal, State, and 

21 local resources with the intervention and 

22 support strategy to reduce duplication, in23 crease efficiency, and assist identified 

24 schools in complying with reporting re25 quirements of Federal and State programs; 
181 

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1 ‘‘(iv) modify practices and policies, if 

2 necessary, to provide operational flexibility 

3 that enables full and effective implementa4 tion of the selected school intervention and 

5 support strategy; 

6 ‘‘(v) collect and use data on an ongo7 ing basis to adjust the intervention and 

8 support strategy during implementation, 

9 and, if necessary, modify or implement a 

10 different strategy if implementation is not 

11 effective, in order to improve student aca12 demic achievement; 

13 ‘‘(vi) ensure that the implementation 

14 of the intervention and support strategy 

15 meets the needs of each of the categories 

16 of students, as defined in section 

17 1111(b)(3)(A); 

18 ‘‘(vii) provide information to parents, 

19 guardians, teachers, and other stakeholders 

20 about the effectiveness of implementation, 

21 to the extent practicable, in a language 

22 that the parents can understand; and 

23 ‘‘(viii) sustain successful reforms and 

24 practices after the funding period ends; 
182 

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1 ‘‘(E) a description of the technical assist2 ance and other support that the local edu3 cational agency will provide to ensure effective 

4 implementation of school intervention and sup5 port strategies in identified schools, in accord6 ance with subsection (b)(1)(D), such as ensur7 ing that identified schools have access to re8 sources like facilities, professional development, 

9 and technology and adopting human resource 

10 policies that prioritize recruitment, retention, 

11 and placement of effective staff in identified 

12 schools; and 

13 ‘‘(F) an assurance that each school the 

14 local educational agency proposes to serve will 

15 receive all of the State and local funds it would 

16 have received in the absence of funds received 

17 under this subsection. 

18 ‘‘(6) LOCAL ACTIVITIES.—A local educational 

19 agency that receives a subgrant under this sub20 section— 

21 ‘‘(A) shall use the subgrant funds to imple22 ment evidence-based school intervention and 

23 support strategies consistent with subsection 

24 (a)(1)(A); and 
183 

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1 ‘‘(B) may use the subgrant funds to carry 

2 out, at the local educational agency level, activi3 ties that directly support the implementation of 

4 the intervention and support strategies such 

5 as— 

6 ‘‘(i) assistance in data collection and 

7 analysis; 

8 ‘‘(ii) recruiting and retaining staff; 

9 ‘‘(iii) high-quality, evidence-based pro10 fessional development; 

11 ‘‘(iv) coordination of services to ad12 dress students’ non-academic needs; and 

13 ‘‘(v) progress monitoring. 

14 ‘‘(7) REPORTING.—A State that receives funds 

15 under this subsection shall report to the Secretary a 

16 list of all the local educational agencies that received 

17 a subgrant under this subsection and for each local 

18 educational agency that received a subgrant, a list of 

19 all the schools that were served, the amount of funds 

20 each school received, and the intervention and sup21 port strategies implemented in each school. 

22 ‘‘(8) SUPPLEMENT NOT SUPPLANT.—A local 

23 educational agency or State shall use Federal funds 

24 received under this subsection only to supplement 

25 the funds that would, in the absence of such Federal 
184 

†S 1177 ES

1 funds, be made available from non-Federal sources 

2 for the education of students participating in pro3 grams funded under this subsection. 

4 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to alter or otherwise affect the 

6 rights, remedies, and procedures afforded school or school 

7 district employees under Federal, State, or local laws (in8 cluding applicable regulations or court orders) or under 

9 the terms of collective bargaining agreements, memoranda 

10 of understanding, or other agreements between such em11 ployees and their employers.’’; 

12 (2) by striking section 1119; and 

13 (3) by redesignating sections 1118, 1120, 

14 1120A, and 1120B as sections 1115, 1116, 1117, 

15 and 1118, respectively. 

16 SEC. 1005. PARENT AND FAMILY ENGAGEMENT. 

17 Section 1115, as redesignated by section 1004(3), is 

18 amended— 

19 (1) in the section heading, by striking ‘‘PAREN20 TAL INVOLVEMENT’’ and inserting ‘‘PARENT AND

21 FAMILY ENGAGEMENT’’; 

22 (2) in subsection (a)— 

23 (A) in paragraph (1)— 
185 

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1 (i) by inserting ‘‘conducts outreach to 

2 all parents and family members and’’ after 

3 ‘‘only if such agency’’; and 

4 (ii) by inserting ‘‘and family mem5 bers’’ after ‘‘and procedures for the in6 volvement of parents’’; 

7 (B) in paragraph (2)— 

8 (i) in the matter preceding subpara9 graph (A)— 

10 (I) by inserting ‘‘and family 

11 members’’ after ‘‘, and distribute to, 

12 parents’’; 

13 (II) by striking ‘‘written parent 

14 involvement policy’’ and inserting 

15 ‘‘written parent and family engage16 ment policy’’; and 

17 (III) by striking ‘‘expectations 

18 for parent involvement’’ and inserting 

19 ‘‘expectations and objectives for mean20 ingful parent and family involve21 ment’’; and 

22 (ii) by striking subparagraphs (A) 

23 through (F) and inserting the following: 

24 ‘‘(A) involve parents and family members 

25 in jointly developing the local educational agen-
186 

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1 cy plan under section 1112 and the process of 

2 school review and intervention and support 

3 under section 1114; 

4 ‘‘(B) provide the coordination, technical as5 sistance, and other support necessary to assist 

6 and build the capacity of all participating 

7 schools within the local educational agency in 

8 planning and implementing effective parent and 

9 family involvement activities to improve student 

10 academic achievement and school performance, 

11 which may include meaningful consultation with 

12 employers, business leaders, and philanthropic 

13 organizations, or individuals with expertise in 

14 effectively engaging parents and family mem15 bers in education; 

16 ‘‘(C) coordinate and integrate parent and 

17 family engagement strategies under this part 

18 with parent and family engagement strategies, 

19 to the extent feasible and appropriate, with 

20 other relevant Federal, State, and local laws 

21 and programs; 

22 ‘‘(D) conduct, with the meaningful involve23 ment of parents and family members, an annual 

24 evaluation of the content and effectiveness of 

25 the parent and family engagement policy in im-
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1 proving the academic quality of all schools 

2 served under this part, including identifying— 

3 ‘‘(i) barriers to greater participation 

4 by parents in activities authorized by this 

5 section (with particular attention to par6 ents who are economically disadvantaged, 

7 are disabled, are English learners, have 

8 limited literacy, or are of any racial or eth9 nic minority background); 

10 ‘‘(ii) the needs of parents and family 

11 members to assist with the learning of 

12 their children, including engaging with 

13 school personnel and teachers; and 

14 ‘‘(iii) strategies to support successful 

15 school and family interactions; 

16 ‘‘(E) use the findings of such evaluation in 

17 subparagraph (D) to design evidence-based 

18 strategies for more effective parental involve19 ment, and to revise, if necessary, the parent 

20 and family engagement policies described in this 

21 section; and 

22 ‘‘(F) involve parents in the activities of the 

23 schools served under this part, which may in24 clude establishing a parent advisory board com25 prised of a sufficient number and representative 
188 

†S 1177 ES

1 group of parents or family members served by 

2 the local educational agency to adequately rep3 resent the needs of the population served by 

4 such agency for the purposes of developing, re5 vising, and reviewing the parent and family en6 gagement policy.’’; and 

7 (C) in paragraph (3)— 

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

9 agency shall reserve at least 1 percent of its al10 location under subpart 2 to assist schools to 

11 carry out the activities described in this section, 

12 except that this subparagraph shall not apply if 

13 1 percent of such agency’s allocation under sub14 part 2 for the fiscal year for which the deter15 mination is made is $5,000 or less. Nothing in 

16 this subparagraph shall be construed to limit 

17 local educational agencies from reserving more 

18 than the 1 percent of its allocation under sub19 part 2 to assist schools to carry out activities 

20 described in this section.’’; 

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

22 ‘‘(B) PARENTAL INPUT.—Parents of chil23 dren’’ and inserting ‘‘(B) PARENT AND

24 FAMILY MEMBER INPUT.—Parents and 

25 family members of children’’; 
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1 (ii) in subparagraph (C)— 

2 (I) by striking ‘‘95 percent’’ and 

3 inserting ‘‘85 percent’’; and 

4 (II) by inserting ‘‘, with priority 

5 given to high-need schools’’ after 

6 ‘‘schools served under this part’’; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(D) USE OF FUNDS.—Funds reserved 

10 under subparagraph (A) by a local educational 

11 agency shall be used to carry out activities and 

12 strategies consistent with the local educational 

13 agency’s parent and family engagement policy, 

14 including not less than 1 of the following: 

15 ‘‘(i) Supporting schools and nonprofit 

16 organizations in providing professional de17 velopment for local educational agency and 

18 school personnel regarding parent and 

19 family engagement strategies, which may 

20 be provided jointly to teachers, school lead21 ers, specialized instructional support per22 sonnel, paraprofessionals, early childhood 

23 educators, and parents and family mem24 bers. 
190 

†S 1177 ES

1 ‘‘(ii) Supporting home visitation pro2 grams. 

3 ‘‘(iii) Disseminating information on 

4 best practices focused on parent and family 

5 engagement, especially best practices for 

6 increasing the engagement of economically 

7 disadvantaged parents and family mem8 bers. 

9 ‘‘(iv) Collaborating or providing sub10 grants to schools to enable such schools to 

11 collaborate with community-based or other 

12 organizations or employers with a dem13 onstrated record of success in improving 

14 and increasing parent and family engage15 ment. 

16 ‘‘(v) Engaging in any other activities 

17 and strategies that the local educational 

18 agency determines are appropriate and 

19 consistent with such agency’s parent and 

20 family engagement policy, which may in21 clude financial literacy activities and adult 

22 education and literacy activities, as defined 

23 in section 203 of the Adult Education and 

24 Family Literacy Act.’’; 

25 (3) in subsection (b)— 
191 

†S 1177 ES

1 (A) in the subsection heading, by striking 

2 ‘‘PARENTAL INVOLVEMENT POLICY’’ and in3 serting ‘‘PARENTAL AND FAMILY ENGAGEMENT

4 POLICY’’; 

5 (B) in paragraph (1)— 

6 (i) by inserting ‘‘and family members’’ 

7 after ‘‘distribute to, parents’’; and 

8 (ii) by striking ‘‘written parental in9 volvement policy’’ and inserting ‘‘written 

10 parent and family engagement policy’’; 

11 (C) in paragraph (2)— 

12 (i) by striking ‘‘parental involvement 

13 policy’’ and inserting ‘‘parent and family 

14 engagement policy’’; and 

15 (ii) by inserting ‘‘and family mem16 bers’’ after ‘‘that applies to all parents’’; 

17 and 

18 (D) in paragraph (3)— 

19 (i) by striking ‘‘school district-level 

20 parental involvement policy’’ and inserting 

21 ‘‘district-level parent and family engage22 ment policy’’; and 

23 (ii) by inserting ‘‘and family members 

24 in all schools served by the local edu-
192 

†S 1177 ES

1 cational agency’’ after ‘‘policy that applies 

2 to all parents’’; 

3 (4) in subsection (c)— 

4 (A) in paragraph (3), by striking ‘‘parental 

5 involvement policy’’ and inserting ‘‘parent and 

6 family engagement policy’’; 

7 (B) in paragraph (4)(B), by striking ‘‘the 

8 proficiency levels students are expected to 

9 meet’’ and inserting ‘‘the achievement levels of 

10 the challenging State academic standards’’; and 

11 (C) in paragraph (5), by striking ‘‘section 

12 1114(b)(2)’’ and inserting ‘‘section 

13 1113(c)(2)’’; 

14 (5) in subsection (d)— 

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

16 by striking ‘‘parental involvement policy’’ and 

17 inserting ‘‘parent and family engagement pol18 icy’’; 

19 (B) in paragraph (1)— 

20 (i) by striking ‘‘the State’s student 

21 academic achievement standards’’ and in22 serting ‘‘the challenging State academic 

23 standards’’; and 
193 

†S 1177 ES

1 (ii) by striking ‘‘, such as monitoring 

2 attendance, homework completion, and tel3 evision watching’’; and 

4 (C) in paragraph (2)— 

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

6 ‘‘and’’ after the semicolon; 

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

8 the period and inserting ‘‘; and’’; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(D) ensuring regular two-way, meaningful 

12 communication between family members and 

13 school staff, to the extent practicable, in a lan14 guage that family members can understand and 

15 access.’’; 

16 (6) in subsection (e)— 

17 (A) in paragraph (1), by striking ‘‘the 

18 State’s academic content standards and State 

19 student academic achievement standards’’ and 

20 inserting ‘‘the challenging State academic 

21 standards’’; 

22 (B) in paragraph (2), by striking ‘‘tech23 nology’’ and inserting ‘‘technology (including 

24 education about the harms of copyright pi25 racy)’’; 
194 

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1 (C) in paragraph (3), by striking ‘‘pupil 

2 services personnel, principals’’ and inserting 

3 ‘‘specialized instructional support personnel, 

4 principals, and other school leaders’’; and 

5 (D) in paragraph (4), by striking ‘‘Head 

6 Start, Reading First, Early Reading First, 

7 Even Start, the Home Instruction Programs for 

8 Preschool Youngsters, the Parents as Teachers 

9 Program,’’ and inserting ‘‘other relevant Fed10 eral, State, and local laws,’’; 

11 (7) by striking subsection (f) and inserting the 

12 following: 

13 ‘‘(f) ACCESSIBILITY.—In carrying out the parent and 

14 family engagement requirements of this part, local edu15 cational agencies and schools, to the extent practicable, 

16 shall provide opportunities for the full and informed par17 ticipation of parents and family members (including par18 ents and family members who are English learners, par19 ents and family members with disabilities, and parents 

20 and family members of migratory children), including pro21 viding information and school reports required under sec22 tion 1111 in a format and, to the extent practicable, in 

23 a language such parents understand.’’; and 
195 

†S 1177 ES

1 (8) in subsection (h), by striking ‘‘parental in2 volvement policies’’ and inserting ‘‘parent and family 

3 engagement policies’’. 

4 SEC. 1006. PARTICIPATION OF CHILDREN ENROLLED IN 

5 PRIVATE SCHOOLS. 

6 Section 1116, as redesignated by section 1004(3), is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘section 1115(b)’’ and 

11 inserting ‘‘section 1113(d)(3)’’; and 

12 (ii) by striking ‘‘sections 1118 and 

13 1119’’ and inserting ‘‘section 1115’’; and 

14 (B) by striking paragraph (4) and insert15 ing the following: 

16 ‘‘(4) EXPENDITURES.— 

17 ‘‘(A) IN GENERAL.—Expenditures for edu18 cational services and other benefits to eligible 

19 private school children shall be equal to the pro20 portion of funds allocated to participating 

21 school attendance areas based on the number of 

22 children from low-income families who attend 

23 private schools. 
196 

†S 1177 ES

1 ‘‘(B) TERM OF DETERMINATION.—The 

2 local educational agency may determine the eq3 uitable share each year or every 2 years. 

4 ‘‘(C) METHOD OF DETERMINATION.—The 

5 proportional share of funds shall be deter6 mined— 

7 ‘‘(i) based on the total allocation re8 ceived by the local educational agency; and 

9 ‘‘(ii) prior to any allowable expendi10 tures or transfers by the local educational 

11 agency.’’; and 

12 (2) in subsection (b)— 

13 (A) in paragraph (1)— 

14 (i) in subparagraph (E)— 

15 (I) by striking ‘‘and’’ before ‘‘the 

16 proportion of funds’’; and 

17 (II) by inserting ‘‘, and how that 

18 proportion of funds is determined’’ 

19 after ‘‘such services’’; 

20 (ii) in subparagraph (F), by striking 

21 ‘‘section 1113(c)(1)’’ and inserting ‘‘sec22 tion 1113(a)(3)’’; 

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

24 ‘‘and’’ after the semicolon; 
197 

†S 1177 ES

1 (iv) in subparagraph (H), by striking 

2 the period at the end and inserting ‘‘; 

3 and’’; and 

4 (v) by adding at the end the following: 

5 ‘‘(I) whether the agency shall 

6 provide services directly or assign re7 sponsibility for the provision of serv8 ices to a separate government agency, 

9 consortium, or entity, or to a third10 party contractor.’’; and 

11 (B) in paragraph (5)(A)— 

12 (i) by striking ‘‘or’’ before ‘‘did not 

13 give due consideration’’; and 

14 (ii) by inserting ‘‘, or did not make a 

15 decision that treats the private school stu16 dents equitably as required by this section’’ 

17 before the period at the end. 

18 SEC. 1007. SUPPLEMENT, NOT SUPPLANT. 

19 Section 1117, as redesignated by section 1004(3), is 

20 amended by striking subsection (b) and inserting the fol21 lowing: 

22 ‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP23 PLANT, NON-FEDERAL FUNDS.— 

24 ‘‘(1) IN GENERAL.—A State educational agency 

25 or local educational agency shall use Federal funds 
198 

†S 1177 ES

1 received under this part only to supplement the 

2 funds that would, in the absence of such Federal 

3 funds, be made available from non-Federal sources 

4 for the education of students participating in pro5 grams assisted under this part, and not to supplant 

6 such funds. 

7 ‘‘(2) COMPLIANCE.—To demonstrate compli8 ance with paragraph (1), a local educational agency 

9 shall demonstrate that the methodology used to allo10 cate State and local funds to each school receiving 

11 assistance under this part ensures that such school 

12 receives all of the State and local funds it would oth13 erwise receive if it were not receiving assistance 

14 under this part. 

15 ‘‘(3) SPECIAL RULE.—No local educational 

16 agency shall be required to— 

17 ‘‘(A) identify that an individual cost or 

18 service supported under this part is supple19 mental; and 

20 ‘‘(B) provide services under this part 

21 through a particular instructional method or in 

22 a particular instructional setting in order to 

23 demonstrate such agency’s compliance with 

24 paragraph (1). 
199 

†S 1177 ES

1 ‘‘(4) PROHIBITION.—Nothing in this section 

2 shall be construed to authorize or permit the Sec3 retary to establish any criterion that specifies, de4 fines, or prescribes the specific methodology a local 

5 educational agency uses to allocate State and local 

6 funds to each school receiving assistance under this 

7 part. 

8 ‘‘(5) TIMELINE.—A local educational agency— 

9 ‘‘(A) shall meet the compliance require10 ment under paragraph (2) not later than 2 

11 years after the date of enactment of the Every 

12 Child Achieves Act of 2015; and 

13 ‘‘(B) may demonstrate compliance with the 

14 requirement under paragraph (1) before the 

15 end of such 2-year period using the method 

16 such local educational agency used on the day 

17 before the date of enactment of the Every Child 

18 Achieves Act of 2015.’’. 

19 SEC. 1008. COORDINATION REQUIREMENTS. 

20 Section 1118, as redesignated by section 1004(3), is 

21 amended— 

22 (1) in subsection (a), by striking ‘‘early child23 hood development programs such as the Early Read24 ing First program’’ and inserting ‘‘, early childhood 

25 education programs, including by developing agree-
200 

†S 1177 ES

1 ments with such Head Start agencies and other enti2 ties to carry out such activities’’; and 

3 (2) in subsection (b)— 

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

5 by striking ‘‘early childhood development pro6 grams, such as the Early Reading First pro7 gram,’’ and inserting ‘‘early childhood edu8 cation programs’’; 

9 (B) in paragraph (1), by striking ‘‘early 

10 childhood development program such as the 

11 Early Reading First program’’ and inserting 

12 ‘‘early childhood education program’’; 

13 (C) in paragraph (2), by striking ‘‘early 

14 childhood development programs such as the 

15 Early Reading First program’’ and inserting 

16 ‘‘early childhood education programs’’; 

17 (D) in paragraph (3), by striking ‘‘early 

18 childhood development programs such as the 

19 Early Reading First program’’ and inserting 

20 ‘‘early childhood education programs’’; 

21 (E) in paragraph (4)— 

22 (i) by striking ‘‘Early Reading First 

23 program staff,’’; and 
201 

†S 1177 ES

1 (ii) by striking ‘‘early childhood devel2 opment program’’ and inserting ‘‘early 

3 childhood education program’’; 

4 (F) in paragraph (5), by striking ‘‘and en5 tities carrying out Early Reading First pro6 grams’’. 

7 SEC. 1009. GRANTS FOR THE OUTLYING AREAS AND THE 

8 SECRETARY OF THE INTERIOR. 

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

10 (1) in subsection (a), in the matter preceding 

11 paragraph (1), by striking ‘‘and 1125A(f)’’; and 

12 (2) in subsection (b)(3)(C)(ii), by striking 

13 ‘‘challenging State academic content standards’’ and 

14 inserting ‘‘challenging State academic standards’’. 

15 SEC. 1010. ALLOCATIONS TO STATES. 

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

17 (1) by striking subsection (a) and inserting the 

18 following: 

19 ‘‘(a) ALLOCATION FORMULA.— 

20 ‘‘(1) INITIAL ALLOCATION.—For each of fiscal 

21 years 2016 through 2021 (referred to in this sub22 section as the ‘current fiscal year’), the Secretary 

23 shall allocate $17,000,000,000 of the amount appro24 priated under section 1002(a) to carry out this part 

25 (or, if the total amount appropriated for this part is 
202 

†S 1177 ES

1 equal to or less than $17,000,000,000, all of such 

2 amount) in accordance with the following: 

3 ‘‘(A) An amount equal to the amount 

4 made available to carry out section 1124 for fis5 cal year 2015 shall be allocated in accordance 

6 with section 1124. 

7 ‘‘(B) An amount equal to the amount 

8 made available to carry out section 1124A for 

9 fiscal year 2015 shall be allocated in accordance 

10 with section 1124A. 

11 ‘‘(C) An amount equal to 100 percent of 

12 the amount, if any, by which the amount made 

13 available under this paragraph for the current 

14 fiscal year for which the determination is made 

15 exceeds the amount available to carry out sec16 tions 1124 and 1124A for fiscal year 2001 shall 

17 be allocated in accordance with section 1125 

18 and 1125A. 

19 ‘‘(2) ALLOCATIONS IN EXCESS OF

20 $17,000,000,000.—For each of the current fiscal years 

21 for which the amounts appropriated under section 

22 1002(a) to carry out this part exceed 

23 $17,000,000,000, an amount equal to such excess 

24 amount shall be allocated in accordance with section 

25 1123.’’; 
203 

†S 1177 ES

1 (2) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘under this subpart’’ 

4 and inserting ‘‘under subsection (a)(1) for 

5 sections 1124, 1124A, 1125, and 1125A’’; 

6 and 

7 (ii) by striking ‘‘and 1125’’ and in8 serting ‘‘1125, and 1125A’’; and 

9 (B) in paragraph (2)— 

10 (i) by inserting ‘‘under subsection 

11 (a)(1)’’ after ‘‘become available’’; and 

12 (ii) by striking ‘‘and 1125’’ and in13 serting ‘‘1125, and 1125A’’; 

14 (3) in subsection (c)(1), by inserting ‘‘and to 

15 the extent amounts under subsection (a)(1) are 

16 available’’ after ‘‘For each fiscal year’’; and 

17 (4) in subsection (d)(1), by striking ‘‘under this 

18 subpart’’ and inserting ‘‘under subsection (a)(1) for 

19 sections 1124, 1124A, 1125, and 1125A’’. 

20 SEC. 1011. EQUITY GRANTS. 

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

22 seq.) is amended by inserting after section 1122 the fol23 lowing: 
204 

†S 1177 ES

1 ‘‘SEC. 1123. EQUITY GRANTS. 

2 ‘‘(a) AUTHORIZATION.—From funds appropriated 

3 under section 1002(a) for a fiscal year and available for 

4 allocation pursuant to section 1122(a)(2), the Secretary 

5 is authorized to make grants to States, from allotments 

6 under subsection (b), to carry out the programs and activi7 ties of this part. 

8 ‘‘(b) DISTRIBUTION BASED UPON CONCENTRATIONS

9 OF POVERTY.— 

10 ‘‘(1) IN GENERAL.— 

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

12 subparagraphs (B) and (C), funds appropriated 

13 pursuant to subsection (a) for a fiscal year shall 

14 be allotted to each State based upon the num15 ber of children counted under section 1124(c) 

16 in such State multiplied by the product of— 

17 ‘‘(i) 40 percent of the average per18 pupil expenditure in the United States 

19 (other than the Commonwealth of Puerto 

20 Rico); multiplied by 

21 ‘‘(ii) 1.30 minus such State’s equity 

22 factor described in paragraph (2). 

23 ‘‘(B) PUERTO RICO.—For each fiscal year, 

24 the Secretary shall allot to the Commonwealth 

25 of Puerto Rico an amount of the funds appro26 priated under subsection (a) that bears the 
205 

†S 1177 ES

1 same relation to the total amount of funds ap2 propriated under such subsection as the amount 

3 that the Commonwealth of Puerto Rico received 

4 under this subpart for fiscal year 2015 bears to 

5 the total amount received by all States for such 

6 fiscal year. 

7 ‘‘(C) STATE MINIMUM.—Notwithstanding 

8 any other provision of this section, except for 

9 subparagraph (B), from the total amount avail10 able for any fiscal year to carry out this section, 

11 each State shall be allotted at least the lesser 

12 of— 

13 ‘‘(i) 0.35 percent of the total amount 

14 available to carry out this section for such 

15 fiscal year; or 

16 ‘‘(ii) the average of— 

17 ‘‘(I) 0.35 percent of such total 

18 amount for such fiscal year; and 

19 ‘‘(II) 150 percent of the national 

20 average grant under this section per 

21 child described in section 1124(c), 

22 without application of a weighting fac23 tor, multiplied by the State’s total 

24 number of children described in sec-
206 

†S 1177 ES

1 tion 1124(c), without application of a 

2 weighting factor. 

3 ‘‘(2) EQUITY FACTOR.— 

4 ‘‘(A) DETERMINATION.— 

5 ‘‘(i) IN GENERAL.—Except as pro6 vided in subparagraph (B), the Secretary 

7 shall determine the equity factor under 

8 this section for each State in accordance 

9 with clause (ii). 

10 ‘‘(ii) COMPUTATION.— 

11 ‘‘(I) IN GENERAL.—For each 

12 State, the Secretary shall compute a 

13 weighted coefficient of variation for 

14 the per-pupil expenditures of local 

15 educational agencies in accordance 

16 with subclauses (II), (III), and (IV). 

17 ‘‘(II) VARIATION.—In computing 

18 coefficients of variation, the Secretary 

19 shall weigh the variation between per20 pupil expenditures in each local edu21 cational agency and the average per22 pupil expenditures in the State ac23 cording to the number of pupils 

24 served by the local educational agency. 
207 

†S 1177 ES

1 ‘‘(III) NUMBER OF PUPILS.—In 

2 determining the number of pupils 

3 under this paragraph served by each 

4 local educational agency and in each 

5 State, the Secretary shall multiply the 

6 number of children counted under sec7 tion 1124(c) by a factor of 1.4. 

8 ‘‘(IV) ENROLLMENT REQUIRE9 MENT.—In computing coefficients of 

10 variation, the Secretary shall include 

11 only those local educational agencies 

12 with an enrollment of more than 200 

13 students. 

14 ‘‘(B) SPECIAL RULE.—The equity factor 

15 for a State that meets the disparity standard 

16 described in section 222.162 of title 34, Code of 

17 Federal Regulations (as such section was in ef18 fect on the day preceding the date of enactment 

19 of the No Child Left Behind Act of 2001) or 

20 a State with only one local educational agency 

21 shall be not greater than 0.10. 

22 ‘‘(c) USE OF FUNDS; ELIGIBILITY OF LOCAL EDU23 CATIONAL AGENCIES.—All funds awarded to each State 

24 under this section shall be allocated to local educational 

25 agencies under the following provisions: 
208 

†S 1177 ES

1 ‘‘(1) DISTRIBUTION WITHIN LOCAL EDU2 CATIONAL AGENCIES.—Within local educational 

3 agencies, funds allocated under this section shall be 

4 distributed to schools on a basis consistent with sec5 tion 1113, and may only be used to carry out activi6 ties under this part. 

7 ‘‘(2) ELIGIBILITY FOR GRANT.—A local edu8 cational agency in a State is eligible to receive a 

9 grant under this section for any fiscal year if— 

10 ‘‘(A) the number of children in the local 

11 educational agency counted under section 

12 1124(c), before application of the weighted 

13 child count described in subsection (d), is at 

14 least 10; and 

15 ‘‘(B) if the number of children counted for 

16 grants under section 1124(c), before application 

17 of the weighted child count described in sub18 section (d), is at least 5 percent of the total 

19 number of children aged 5 to 17 years, inclu20 sive, in the school district of the local edu21 cational agency. 

22 ‘‘(d) ALLOCATION OF FUNDS TO ELIGIBLE LOCAL

23 EDUCATIONAL AGENCIES.— 

24 ‘‘(1) IN GENERAL.—Funds received by States 

25 under this section for a fiscal year shall be allocated 
209 

†S 1177 ES

1 within States to eligible local educational agencies on 

2 the basis of weighted child counts calculated in ac3 cordance with paragraph (2), (3), or (4), as appro4 priate for each State. 

5 ‘‘(2) STATES WITH AN EQUITY FACTOR LESS

6 THAN .10.— 

7 ‘‘(A) IN GENERAL.—In States with an eq8 uity factor less than .10, the weighted child 

9 counts referred to in paragraph (1) for a fiscal 

10 year shall be the larger of the 2 amounts deter11 mined under subparagraphs (B) and (C). 

12 ‘‘(B) BY PERCENTAGE OF CHILDREN.— 

13 The amount referred to in subparagraph (A) is 

14 determined by adding— 

15 ‘‘(i) the number of children deter16 mined under section 1124(c) for that local 

17 educational agency who constitute not 

18 more than 17.27 percent, inclusive, of the 

19 agency’s total population aged 5 to 17, in20 clusive, multiplied by 1.0; 

21 ‘‘(ii) the number of such children who 

22 constitute more than 17.27 percent, but 

23 not more than 23.48 percent, of such pop24 ulation, multiplied by 1.75; 
210 

†S 1177 ES

1 ‘‘(iii) the number of such children who 

2 constitute more than 23.48 percent, but 

3 not more than 29.11 percent, of such pop4 ulation, multiplied by 2.5; 

5 ‘‘(iv) the number of such children who 

6 constitute more than 29.11 percent, but 

7 not more than 36.10 percent, of such pop8 ulation, multiplied by 3.25; and 

9 ‘‘(v) the number of such children who 

10 constitute more than 36.10 percent of such 

11 population, multiplied by 4.0. 

12 ‘‘(C) BY NUMBER OF CHILDREN.—The 

13 amount referred to in subparagraph (A) is de14 termined by adding— 

15 ‘‘(i) the number of children deter16 mined under section 1124(c) who con17 stitute not more than 834, inclusive, of the 

18 agency’s total population aged 5 to 17, in19 clusive, multiplied by 1.0; 

20 ‘‘(ii) the number of such children be21 tween 835 and 2,629, inclusive, in such 

22 population, multiplied by 1.5; 

23 ‘‘(iii) the number of such children be24 tween 2,630 and 7,668, inclusive, in such 

25 population, multiplied by 2.0; and 
211 

†S 1177 ES

1 ‘‘(iv)(I) in the case of an agency that 

2 is not a high poverty percentage local edu3 cational agency, the number of such chil4 dren in excess of 7,668 in such population, 

5 multiplied by 2.0; or 

6 ‘‘(II) in the case of a high poverty 

7 percentage local educational agency— 

8 ‘‘(aa) the number of such chil9 dren between 7,669 and 26,412, inclu10 sive, in such population, multiplied by 

11 2.5; and 

12 ‘‘(bb) the number of such chil13 dren in excess of 26,412 in such pop14 ulation, multiplied by 3.0. 

15 ‘‘(3) STATES WITH AN EQUITY FACTOR GREAT16 ER THAN OR EQUAL TO .10 AND LESS THAN .20.— 

17 ‘‘(A) IN GENERAL.—In States with an eq18 uity factor greater than or equal to .10 and less 

19 than .20, the weighted child counts referred to 

20 in paragraph (1) for a fiscal year shall be the 

21 larger of the 2 amounts determined under sub22 paragraphs (B) and (C). 

23 ‘‘(B) BY PERCENTAGE OF CHILDREN.— 

24 The amount referred to in subparagraph (A) is 

25 determined by adding— 
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†S 1177 ES

1 ‘‘(i) the number of children deter2 mined under section 1124(c) for that local 

3 educational agency who constitute not 

4 more than 17.27 percent, inclusive, of the 

5 agency’s total population aged 5 to 17, in6 clusive, multiplied by 1.0; 

7 ‘‘(ii) the number of such children who 

8 constitute more than 17.27 percent, but 

9 not more than 23.48 percent, of such pop10 ulation, multiplied by 1.5; 

11 ‘‘(iii) the number of such children who 

12 constitute more than 23.48 percent, but 

13 not more than 29.11 percent, of such pop14 ulation, multiplied by 3.0; 

15 ‘‘(iv) the number of such children who 

16 constitute more than 29.11 percent, but 

17 not more than 36.10 percent, of such pop18 ulation, multiplied by 4.5; and 

19 ‘‘(v) the number of such children who 

20 constitute more than 36.10 percent of such 

21 population, multiplied by 6.0. 

22 ‘‘(C) BY NUMBER OF CHILDREN.—The 

23 amount referred to in subparagraph (A) is de24 termined by adding— 
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1 ‘‘(i) the number of children deter2 mined under section 1124(c) who con3 stitute not more than 834, inclusive, of the 

4 agency’s total population aged 5 to 17, in5 clusive, multiplied by 1.0; 

6 ‘‘(ii) the number of such children be7 tween 835 and 2,629, inclusive, in such 

8 population, multiplied by 1.5; 

9 ‘‘(iii) the number of such children be10 tween 2,630 and 7,668, inclusive, in such 

11 population, multiplied by 2.25; and 

12 ‘‘(iv)(I) in the case of an agency that 

13 is not a high poverty percentage local edu14 cational agency, the number of such chil15 dren in excess of 7,668 in such population, 

16 multiplied by 2.25; or 

17 ‘‘(II) in the case of a high poverty 

18 percentage local educational agency— 

19 ‘‘(aa) the number of such chil20 dren between 7,669 and 26,412, inclu21 sive, in such population, multiplied by 

22 3.375; and 

23 ‘‘(bb) the number of such chil24 dren in excess of 26,412 in such pop25 ulation, multiplied by 4.5. 
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†S 1177 ES

1 ‘‘(4) STATES WITH AN EQUITY FACTOR GREAT2 ER THAN OR EQUAL TO .20.— 

3 ‘‘(A) IN GENERAL.—In States with an eq4 uity factor greater than or equal to .20, the 

5 weighted child counts referred to in paragraph 

6 (1) for a fiscal year shall be the larger of the 

7 2 amounts determined under subparagraphs 

8 (B) and (C). 

9 ‘‘(B) BY PERCENTAGE OF CHILDREN.— 

10 The amount referred to in subparagraph (A) is 

11 determined by adding— 

12 ‘‘(i) the number of children deter13 mined under section 1124(c) for that local 

14 educational agency who constitute not 

15 more than 17.27 percent, inclusive, of the 

16 agency’s total population aged 5 to 17, in17 clusive, multiplied by 1.0; 

18 ‘‘(ii) the number of such children who 

19 constitute more than 17.27 percent, but 

20 not more than 23.48 percent, of such pop21 ulation, multiplied by 2.0; 

22 ‘‘(iii) the number of such children who 

23 constitute more than 23.48 percent, but 

24 not more than 29.11 percent, of such pop25 ulation, multiplied by 4.0; 
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1 ‘‘(iv) the number of such children who 

2 constitute more than 29.11 percent, but 

3 not more than 36.10 percent, of such pop4 ulation, multiplied by 6.0; and 

5 ‘‘(v) the number of such children who 

6 constitute more than 36.10 percent of such 

7 population, multiplied by 8.0. 

8 ‘‘(C) BY NUMBER OF CHILDREN.—The 

9 amount referred to in subparagraph (A) is de10 termined by adding— 

11 ‘‘(i) the number of children deter12 mined under section 1124(c) who con13 stitute not more than 834, inclusive, of the 

14 agency’s total population aged 5 to 17, in15 clusive, multiplied by 1.0; 

16 ‘‘(ii) the number of such children be17 tween 835 and 2,629, inclusive, in such 

18 population, multiplied by 2.0; 

19 ‘‘(iii) the number of such children be20 tween 2,630 and 7,668, inclusive, in such 

21 population, multiplied by 3.0; and 

22 ‘‘(iv)(I) in the case of an agency that 

23 is not a high poverty percentage local edu24 cational agency, the number of such chil-
216 

†S 1177 ES

1 dren in excess of 7,668 in such population, 

2 multiplied by 3.0; or 

3 ‘‘(II) in the case of a high poverty 

4 percentage local educational agency— 

5 ‘‘(aa) the number of such chil6 dren between 7,669 and 26,412, inclu7 sive, in such population, multiplied by 

8 4.5; and 

9 ‘‘(bb) the number of such chil10 dren in excess of 26,412 in such pop11 ulation, multiplied by 6.0. 

12 ‘‘(e) MAINTENANCE OF EFFORT.— 

13 ‘‘(1) IN GENERAL.—A State is entitled to re14 ceive its full allotment of funds under this section 

15 for any fiscal year if the Secretary finds that the 

16 State’s fiscal effort per student or the aggregate ex17 penditures of the State with respect to the provision 

18 of free public education by the State for the pre19 ceding fiscal year was not less than 90 percent of 

20 the fiscal effort or aggregate expenditures for the 

21 second preceding fiscal year, subject to the require22 ments of paragraph (2). 

23 ‘‘(2) REDUCTION IN CASE OF FAILURE TO

24 MEET.— 
217 

†S 1177 ES

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

2 reduce the amount of the allotment of funds 

3 under this section in any fiscal year in the exact 

4 proportion by which a State fails to meet the 

5 requirement of paragraph (1) by falling below 

6 90 percent of both the fiscal effort per student 

7 and aggregate expenditures (using the measure 

8 most favorable to the State), if such State has 

9 also failed to meet such requirement (as deter10 mined using the measure most favorable to the 

11 State) for 1 or more of the 5 immediately pre12 ceding fiscal years. 

13 ‘‘(B) SPECIAL RULE.—No such lesser 

14 amount shall be used for computing the effort 

15 required under paragraph (1) for subsequent 

16 years. 

17 ‘‘(3) WAIVER.—The Secretary may waive the 

18 requirements of this subsection if the Secretary de19 termines that a waiver would be equitable due to— 

20 ‘‘(A) exceptional or uncontrollable cir21 cumstances, such as a natural disaster or a 

22 change in the organizational structure of the 

23 State; or 

24 ‘‘(B) a precipitous decline in the financial 

25 resources of the State. 
218 

†S 1177 ES

1 ‘‘(f) ADJUSTMENTS WHERE NECESSITATED BY AP2 PROPRIATIONS.— 

3 ‘‘(1) IN GENERAL.—If the sums available under 

4 this section for any fiscal year are insufficient to pay 

5 the full amounts that all local educational agencies 

6 in States are eligible to receive under this section for 

7 such year, the Secretary shall ratably reduce the al8 locations to such local educational agencies, subject 

9 to paragraphs (2) and (3). 

10 ‘‘(2) ADDITIONAL FUNDS.—If additional funds 

11 become available for making payments under this 

12 section for such fiscal year, allocations that were re13 duced under paragraph (1) shall be increased on the 

14 same basis as they were reduced. 

15 ‘‘(3) HOLD HARMLESS AMOUNTS.—Beginning 

16 with the second fiscal year for which amounts are 

17 appropriated to carry out this section, and if suffi18 cient funds are available, the amount made available 

19 to each local educational agency under this section 

20 for a fiscal year shall be— 

21 ‘‘(A) not less than 95 percent of the 

22 amount made available for the preceding fiscal 

23 year if the number of children counted under 

24 section 1124(c) is equal to or more than 30 

25 percent of the total number of children aged 5 
219 

†S 1177 ES

1 to 17 years, inclusive, in the local educational 

2 agency; 

3 ‘‘(B) not less than 90 percent of the 

4 amount made available for the preceding fiscal 

5 year if the percentage described in subpara6 graph (A) is less than 30 percent and equal to 

7 or more than 15 percent; and 

8 ‘‘(C) not less than 85 percent of the 

9 amount made available for the preceding fiscal 

10 year if the percentage described in subpara11 graph (A) is less than 15 percent. 

12 ‘‘(4) APPLICABILITY.—Notwithstanding any 

13 other provision of law, the Secretary shall not take 

14 into consideration the hold-harmless provisions of 

15 this subsection for any fiscal year for purposes of 

16 calculating State or local allocations for the fiscal 

17 year under any program administered by the Sec18 retary other than a program authorized under this 

19 part. 

20 ‘‘(g) DEFINITIONS.—In this section: 

21 ‘‘(1) HIGH POVERTY PERCENTAGE LOCAL EDU22 CATIONAL AGENCY.—The term ‘high poverty per23 centage local educational agency’ means a local edu24 cational agency for which the number of children de25 termined under subsection (b) for a fiscal year is 20 
220 

†S 1177 ES

1 percent or more of the total population aged 5 to 17, 

2 inclusive, of the local educational agency for such 

3 fiscal year. 

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

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

6 Commonwealth of Puerto Rico.’’. 

7 SEC. 1011A. ADEQUACY OF FUNDING RULE. 

8 Section 1125AA(b) (20 U.S.C. 6336(b)) is amended 

9 by striking ‘‘section 1122(a)’’ and inserting ‘‘section 

10 1122(a)(1)’’. 

11 SEC. 1011B. EDUCATION FINANCE INCENTIVE GRANT PRO12 GRAM. 

13 In section 1125A (20 U.S.C. 6337)— 

14 (1) in subsection (a), by striking ‘‘under sub15 section (f)’’ and inserting ‘‘under section 1002(a) 

16 and made available under section 1122(a)(1)’’; 

17 (2) in subsection (b), by striking ‘‘pursuant to 

18 subsection (f)’’ and inserting ‘‘made available for 

19 this section under section 1122(a)(1)’’; 

20 (3) in subsection (c), by redesignating subpara21 graphs (A) and (B) as paragraphs (1) and (2), re22 spectively; 

23 (4) in subsection (d)(1)(A)(ii), by striking 

24 ‘‘clause ‘‘(i)’’ and inserting ‘‘clause (i)’’; 
221 

†S 1177 ES

1 (5) by striking subsection (e) and inserting the 

2 following: 

3 ‘‘(e) MAINTENANCE OF EFFORT.— 

4 ‘‘(1) IN GENERAL.—A State is entitled to re5 ceive its full allotment of funds under this section 

6 for any fiscal year if the Secretary finds that the 

7 State’s fiscal effort per student or the aggregate ex8 penditures of the State with respect to the provision 

9 of free public education by the State for the pre10 ceding fiscal year was not less than 90 percent of 

11 the fiscal effort or aggregate expenditures for the 

12 second preceding fiscal year, subject to the require13 ments of paragraph (2). 

14 ‘‘(2) REDUCTION IN CASE OF FAILURE TO

15 MEET.— 

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

17 reduce the amount of the allotment of funds 

18 under this section for any fiscal year in the 

19 exact proportion by which a State fails to meet 

20 the requirement of paragraph (1) by falling 

21 below 90 percent of both the fiscal effort per 

22 student and aggregate expenditures (using the 

23 measure most favorable to the State), if such 

24 State has also failed to meet such requirement 

25 (as determined using the measure most favor-
222 

†S 1177 ES

1 able to the State) for 1 or more of the 5 imme2 diately preceding fiscal years. 

3 ‘‘(B) SPECIAL RULE.—No such lesser 

4 amount shall be used for computing the effort 

5 required under paragraph (1) for subsequent 

6 years. 

7 ‘‘(3) WAIVER.—The Secretary may waive the 

8 requirements of this subsection if the Secretary de9 termines that a waiver would be equitable due to— 

10 ‘‘(A) exceptional or uncontrollable cir11 cumstances, such as a natural disaster or a 

12 change in the organizational structure of the 

13 State; or 

14 ‘‘(B) a precipitous decline in the financial 

15 resources of the State.’’; 

16 (6) by striking subsection (f); 

17 (7) by redesignating subsection (g) as sub18 section (f); and 

19 (8) in subsection (f), as redesignated by para20 graph (7)— 

21 (A) in paragraph (1), by striking ‘‘under 

22 this section’’ and inserting ‘‘to carry out this 

23 section’’; and 
223 

†S 1177 ES

1 (B) in subsection (f)(3), in the matter pre2 ceding subparagraph (A), by striking ‘‘shall be’’ 

3 and inserting ‘‘shall be—’’. 

4 SEC. 1011C. SPECIAL ALLOCATION PROCEDURES. 

5 Section 1126 (20 U.S.C. 6338) is amended by strik6 ing ‘‘sections 1124, 1124A, 1125, and 1125A’’ each place 

7 the term appears and inserting ‘‘sections 1123, 1124, 

8 1124A, 1125, and 1125A’’. 

9 SEC. 1012. ACADEMIC ASSESSMENTS. 

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

11 to read as follows: 

12 ‘‘PART B—ACADEMIC ASSESSMENTS 

13 ‘‘SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RE14 LATED ACTIVITIES. 

15 ‘‘From amounts made available in accordance with 

16 section 1204, the Secretary shall make grants to States 

17 to enable the States to carry out 1 or more of the fol18 lowing: 

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

20 State assessments and standards adopted under sec21 tion 1111(b), which may include the costs of work22 ing in voluntary partnerships with other States, at 

23 the sole discretion of each such State. 

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

25 adopted under section 1111(b), to administer those 
224 

†S 1177 ES

1 assessments or to carry out other assessment activi2 ties described in this part, such as the following: 

3 ‘‘(A) Expanding the range of appropriate 

4 accommodations available to children who are 

5 English learners and children with disabilities 

6 to improve the rates of inclusion in regular as7 sessments of such children, including profes8 sional development activities to improve the im9 plementation of such accommodations in in10 structional practice. 

11 ‘‘(B) Developing challenging State aca12 demic standards and aligned assessments in 

13 academic subjects for which standards and as14 sessments are not required under section 

15 1111(b). 

16 ‘‘(C) Developing or improving assessments 

17 of English language proficiency necessary to 

18 comply with section 1111(b)(2)(G). 

19 ‘‘(D) Ensuring the continued validity and 

20 reliability of State assessments. 

21 ‘‘(E) Refining State assessments to ensure 

22 their continued alignment with the challenging 

23 State academic standards and to improve the 

24 alignment of curricula and instructional mate25 rials. 
225 

†S 1177 ES

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

2 validity, and reliability of assessments for chil3 dren who are English learners, including alter4 native assessments aligned with the challenging 

5 State academic standards, testing accommoda6 tions for children who are English learners, and 

7 assessments of English language proficiency. 

8 ‘‘(G) Developing or improving balanced as9 sessment systems that include summative, in10 terim, and formative assessments, including 

11 supporting local educational agencies in devel12 oping or improving such assessments. 

13 ‘‘(H) At the discretion of the State, refin14 ing science assessments required under section 

15 1111(b)(2) in order to integrate engineering de16 sign skills and practices into such assessments. 

17 ‘‘(I) Developing or improving models to 

18 measure and assess student growth on State as19 sessments under section 1111(b)(2) and other 

20 assessments not required under section 

21 1111(b)(2). 

22 ‘‘SEC. 1202. GRANTS FOR ENHANCED ASSESSMENT INSTRU23 MENTS. 

24 ‘‘(a) GRANT PROGRAM AUTHORIZED.—From 

25 amounts made available in accordance with section 1204, 
226 

†S 1177 ES

1 the Secretary shall award, on a competitive basis, grants 

2 to State educational agencies that have submitted applica3 tions at such time, in such manner, and containing such 

4 information as the Secretary may reasonably require, 

5 which demonstrate, to the satisfaction of the Secretary, 

6 that the requirements of this section will be met, for one 

7 of more of the following: 

8 ‘‘(1) Allowing for collaboration with institutions 

9 of higher education, other research institutions, or 

10 other organizations to improve the quality, validity, 

11 and reliability of State academic assessments beyond 

12 the requirements for such assessments described in 

13 section 1111(b)(2). 

14 ‘‘(2) Developing or improving assessments for 

15 students who are children with disabilities, including 

16 using the principles of universal design for learning, 

17 which may include developing assessments aligned to 

18 alternate academic achievement standards for stu19 dents with the most significant cognitive disabilities 

20 described in section 1111(b)(2)(D). 

21 ‘‘(3) Measuring student progress or academic 

22 growth over time, including by using multiple meas23 ures, or developing or improving models to measure 

24 and assess growth on State assessments under sec25 tion 1111(b)(2). 
227 

†S 1177 ES

1 ‘‘(4) Evaluating student academic achievement 

2 through the development of comprehensive academic 

3 assessment instruments, such as performance and 

4 technology-based academic assessments that empha5 size the mastery of standards and aligned com6 petencies in a competency-based education model, 

7 technology-based academic assessments, computer 

8 adaptive assessments, and portfolios, projects, or ex9 tended performance task assessments. 

10 ‘‘(5) Designing the report cards and reports 

11 under section 1111(d) in an easily accessible, user12 friendly manner that cross-tabulates student infor13 mation by any category the State determines appro14 priate, as long as such cross-tabulation— 

15 ‘‘(A) does not reveal personally identifiable 

16 information about an individual student; and 

17 ‘‘(B) is derived from existing State and 

18 local reporting requirements and data sources. 

19 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in para20 graph (5) shall be construed as authorizing, requiring, or 

21 allowing any additional reporting requirements, data ele22 ments, or information to be reported to the Secretary not 

23 otherwise explicitly authorized under this Act. 

24 ‘‘(c) ANNUAL REPORT.—Each State educational 

25 agency receiving a grant under this section shall submit 
228 

†S 1177 ES

1 an annual report to the Secretary describing its activities 

2 under the grant and the result of such activities. 

3 ‘‘(d) PROHIBITION.—No funds provided under this 

4 section to the Secretary shall be used to mandate, direct, 

5 control, incentivize, or make financial awards conditioned 

6 upon a State (or a consortium of States) developing any 

7 assessment common to a number of States, including test8 ing activities prohibited under section 9529. 

9 ‘‘SEC. 1203. AUDITS OF ASSESSMENT SYSTEMS. 

10 ‘‘(a) IN GENERAL.—From the amount reserved 

11 under section 1204(b)(1)(C) for a fiscal year, the Sec12 retary shall make grants to States to enable the States 

13 to— 

14 ‘‘(1) in the case of a grant awarded under this 

15 section to a State for the first time— 

16 ‘‘(A) carry out audits of State assessment 

17 systems and ensure that local educational agen18 cies carry out audits of local assessments under 

19 subsection (e)(1); 

20 ‘‘(B) prepare and carry out the State plan 

21 under subsection (e)(6); and 

22 ‘‘(C) award subgrants under subsection (f); 

23 and 
229 

†S 1177 ES

1 ‘‘(2) in the case of a grant awarded under this 

2 section to a State that has previously received a 

3 grant under this section— 

4 ‘‘(A) carry out the State plan under sub5 section (e)(6); and 

6 ‘‘(B) award subgrants under subsection 

7 (f). 

8 ‘‘(b) MINIMUM AMOUNT.—Each State with an ap9 proved application shall receive a grant amount of not less 

10 than $1,500,000 per fiscal year. 

11 ‘‘(c) REALLOCATION.—If a State chooses not to apply 

12 to receive a grant under this subsection, or if such State’s 

13 application under subsection (d) is disapproved by the Sec14 retary, the Secretary shall reallocate such grant amount 

15 to other States with approved applications. 

16 ‘‘(d) APPLICATION.—A State desiring to receive a 

17 grant under this section shall submit an application to the 

18 Secretary at such time, in such manner, and containing 

19 such information as the Secretary may require. 

20 ‘‘(e) AUDITS OF STATE ASSESSMENT SYSTEMS AND

21 LOCAL ASSESSMENTS.— 

22 ‘‘(1) AUDIT REQUIREMENTS.—Not later than 1 

23 year after a State receives a grant under this section 

24 for the first time, the State shall— 
230 

†S 1177 ES

1 ‘‘(A) conduct an audit of the State assess2 ment system; 

3 ‘‘(B) ensure that each local educational 

4 agency under the State’s jurisdiction and re5 ceiving funds under this Act— 

6 ‘‘(i) conducts an audit of each local 

7 assessment administered by the local edu8 cational agency; and 

9 ‘‘(ii) submits the results of such audit 

10 to the State; and 

11 ‘‘(C) report the results of each State and 

12 local educational agency audit conducted under 

13 subparagraphs (A) and (B), in a format that 

14 is— 

15 ‘‘(i) publicly available, such as a wide16 ly accessible online platform; and 

17 ‘‘(ii) with appropriate accessibility 

18 provisions for individuals with disabilities 

19 and English learners. 

20 ‘‘(2) RESOURCES FOR LOCAL EDUCATIONAL

21 AGENCIES.—In carrying out paragraph (1)(B), each 

22 State shall develop and provide local educational 

23 agencies with resources, such as guidelines and pro24 tocols, to assist the agencies in conducting and re-
231 

†S 1177 ES

1 porting the results of the audit required under such 

2 paragraph. 

3 ‘‘(3) STATE ASSESSMENT SYSTEM DESCRIP4 TION.—An audit of a State assessment system con5 ducted under paragraph (1) shall include a descrip6 tion of each State assessment carried out in the 

7 State, including— 

8 ‘‘(A) the grade and subject matter as9 sessed; 

10 ‘‘(B) whether the assessment is required 

11 under section 1111(b)(2) or allowed under sec12 tion 1111(b)(2)(D); 

13 ‘‘(C) the annual cost to the State edu14 cational agency involved in developing, pur15 chasing, administering, and scoring the assess16 ment; 

17 ‘‘(D) the purpose for which the assessment 

18 was designed and the purpose for which the as19 sessment is used, including assessments de20 signed to contribute to systems of improvement 

21 of teaching and learning; 

22 ‘‘(E) the time for disseminating assess23 ment results; 
232 

†S 1177 ES

1 ‘‘(F) a description of how the assessment 

2 is aligned with the challenging State academic 

3 standards under section 1111(b)(1); 

4 ‘‘(G) a description of any State law or reg5 ulation that established the requirement for the 

6 assessment; 

7 ‘‘(H) the schedule and calendar for all 

8 State assessments given; and 

9 ‘‘(I) a description of the State’s policies for 

10 inclusion of English learners and children with 

11 disabilities participating in assessments, includ12 ing developing and promoting the use of appro13 priate accommodations. 

14 ‘‘(4) LOCAL ASSESSMENT DESCRIPTION.—An 

15 audit of a local assessment conducted under para16 graph (1) shall include a description of the local as17 sessment carried out by the local educational agency, 

18 including— 

19 ‘‘(A) the descriptions listed in subpara20 graphs (A), (D), and (E) of paragraph (3); 

21 ‘‘(B) the annual cost to the local edu22 cational agency of developing, purchasing, ad23 ministering, and scoring the assessment; 
233 

†S 1177 ES

1 ‘‘(C) the extent to which the assessment is 

2 aligned to the challenging State academic 

3 standards under section 1111(b)(1); 

4 ‘‘(D) a description of any State or local 

5 law or regulation that establishes the require6 ment for the assessment; and 

7 ‘‘(E) in the case of a summative assess8 ment that is used for accountability purposes, 

9 whether the assessment is valid and reliable and 

10 consistent with nationally recognized profes11 sional and technical standards. 

12 ‘‘(5) STAKEHOLDER FEEDBACK.—Each audit of 

13 a State assessment system or local assessment sys14 tem conducted under subparagraph (A) or (B) of 

15 paragraph (1) shall include feedback on such system 

16 from education stakeholders, which shall cover infor17 mation such as— 

18 ‘‘(A) how educators, school leaders, and 

19 administrators use assessment data to improve 

20 and differentiate instruction; 

21 ‘‘(B) the timing of release of assessment 

22 data; 

23 ‘‘(C) the extent to which assessment data 

24 is presented in an accessible and understand25 able format for educators, school leaders, par-
234 

†S 1177 ES

1 ents, students (if appropriate), and the commu2 nity; 

3 ‘‘(D) the opportunities, resources, and 

4 training educators and administrators are given 

5 to review assessment results and make effective 

6 use of assessment data; 

7 ‘‘(E) the distribution of technological re8 sources and personnel necessary to administer 

9 assessments; 

10 ‘‘(F) the amount of time educators spend 

11 on assessment preparation; 

12 ‘‘(G) the assessments that administrators, 

13 educators, parents, and students, if appropriate, 

14 do and do not find useful; 

15 ‘‘(H) the amount of time students spend 

16 taking the assessments; and 

17 ‘‘(I) other information as appropriate. 

18 ‘‘(6) STATE PLAN ON AUDIT FINDINGS.— 

19 ‘‘(A) PREPARING THE STATE PLAN.—Not 

20 later than 6 months after a State conducts an 

21 audit under paragraph (1) and based on the re22 sults of such audit, the State shall, in coordina23 tion with the local educational agencies under 

24 the jurisdiction of the State, prepare and sub25 mit to the Secretary a plan to improve and 
235 

†S 1177 ES

1 streamline State assessment systems and local 

2 assessment systems, including through activities 

3 such as— 

4 ‘‘(i) developing and maintaining lists 

5 of State and local assessments that— 

6 ‘‘(I) align to the State’s content 

7 standards under section 1111(b)(1); 

8 ‘‘(II) are valid, reliable, and re9 main consistent with nationally recog10 nized professional and technical 

11 standards; and 

12 ‘‘(III) contribute to systems of 

13 continuous improvement for teaching 

14 and learning; 

15 ‘‘(ii) eliminating any assessments that 

16 are not required under section 1111(b)(2) 

17 (such as buying out the remainder of pro18 curement contracts with assessment devel19 opers) that do not meet the contributing 

20 factors of high-quality assessments listed 

21 under subclauses (I) through (III) of 

22 clause (i); 

23 ‘‘(iii) supporting the dissemination of 

24 best practices from local educational agen25 cies or other States that have successfully 
236 

†S 1177 ES

1 improved assessment quality and efficiency 

2 to improve teaching and learning; 

3 ‘‘(iv) supporting local educational 

4 agencies or consortia of local educational 

5 agencies to carry out efforts to streamline 

6 local assessment systems and implementing 

7 a regular process of review and evaluation 

8 of assessment use in local educational 

9 agencies; 

10 ‘‘(v) disseminating the assessment 

11 data in an accessible and understandable 

12 format for educators, parents, and fami13 lies; and 

14 ‘‘(vi) decreasing time between admin15 istering such State assessments and releas16 ing assessment data. 

17 ‘‘(B) CARRY OUT THE STATE PLAN.—A 

18 State shall carry out a State plan as soon as 

19 practicable after the State prepares such State 

20 plan under subparagraph (A) and during each 

21 grant period of a grant described in subsection 

22 (a)(2) that is awarded to the State. 

23 ‘‘(f) SUBGRANTS TO LOCAL EDUCATIONAL AGEN24 CIES.— 
237 

†S 1177 ES

1 ‘‘(1) IN GENERAL.—From the amount awarded 

2 to a State under this section, the State shall reserve 

3 not less than 20 percent of funds to make subgrants 

4 to local educational agencies in the State, or con5 sortia of such local educational agencies, based on 

6 demonstrated need in the agency’s or consortium’s 

7 application to improve assessment quality, use, and 

8 alignment with the challenging State academic 

9 standards under section 1111(b)(1). 

10 ‘‘(2) LOCAL EDUCATIONAL AGENCY APPLICA11 TION.—Each local educational agency, or consortium 

12 of local educational agencies, seeking a subgrant 

13 under this subsection shall submit an application to 

14 the State at such time, in such manner, and con15 taining such other information as determined by the 

16 State. The application shall include a description of 

17 the agency’s or consortium’s needs to improve as18 sessment quality, use, and alignment (as described 

19 in paragraph (1)). 

20 ‘‘(3) USE OF FUNDS.—A subgrant awarded 

21 under this subsection to a local educational agency 

22 or consortium of such agencies may be used to— 

23 ‘‘(A) conduct an audit of local assessments 

24 under subsection (e)(1)(B); 
238 

†S 1177 ES

1 ‘‘(B) eliminate any assessments identified 

2 for elimination by such audit, such as by buying 

3 out the remainder of procurement contracts 

4 with assessment developers; 

5 ‘‘(C) disseminate the best practices de6 scribed in subsection (e)(6)(A)(ii); 

7 ‘‘(D) improve the capacity of school leaders 

8 and educators to disseminate assessment data 

9 in an accessible and understandable format for 

10 parents and families, including for children with 

11 disabilities or English learners; 

12 ‘‘(E) improve assessment delivery systems 

13 and schedules, including by increasing access to 

14 technology and exam proctors, where appro15 priate; 

16 ‘‘(F) hire instructional coaches, or promote 

17 educators who may receive increased compensa18 tion to serve as instructional coaches, to sup19 port educators to develop classroom-based as20 sessments, interpret assessment data, and de21 sign instruction; and 

22 ‘‘(G) provide for appropriate accommoda23 tions to maximize inclusion of children with dis24 abilities and English learners participating in 

25 assessments. 
239 

†S 1177 ES

1 ‘‘(g) DEFINITIONS.—In this section: 

2 ‘‘(1) LOCAL ASSESSMENT.—The term ‘local as3 sessment’ means an academic assessment selected 

4 and carried out by a local educational agency that 

5 is separate from an assessment required by section 

6 1111(b)(2). 

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

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

9 Commonwealth of Puerto Rico. 

10 ‘‘SEC. 1204. FUNDING. 

11 ‘‘(a) NATIONAL ASSESSMENT OF EDUCATIONAL

12 PROGRESS.—For the purpose of administering the State 

13 assessments under the National Assessment of Edu14 cational Progress, there are authorized to be appropriated 

15 such sums as may be necessary for fiscal years 2016 

16 through 2021. 

17 ‘‘(b) ALLOTMENT OF APPROPRIATED FUNDS.— 

18 ‘‘(1) IN GENERAL.—From amounts made avail19 able for each fiscal year under subsection 1002(b) 

20 that are equal to or less than the amount described 

21 in section 1111(b)(2)(H), the Secretary shall— 

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

‘‘(B) reserve 1 24 ⁄2 of 1 percent for the out25 lying areas; 
240 

†S 1177 ES

1 ‘‘(C) reserve not more than 20 percent to 

2 carry out section 1203; and 

3 ‘‘(D) from the remainder, allocate to each 

4 State for section 1201 an amount equal to— 

5 ‘‘(i) $3,000,000; and 

6 ‘‘(ii) with respect to any amounts re7 maining after the allocation is made under 

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

9 relationship to such total remaining 

10 amounts as the number of students aged 5 

11 through 17 in the State (as determined by 

12 the Secretary on the basis of the most re13 cent satisfactory data) bears to the total 

14 number of such students in all States. 

15 ‘‘(2) AMOUNTS ABOVE TRIGGER AMOUNT.—Any 

16 amounts made available for a fiscal year under sub17 section 1002(b) that are more than the amount de18 scribed in section 1111(b)(2)(H) shall be made 

19 available as follows: 

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

21 to States selected for such grants, according to 

22 the quality, needs, and scope of the State appli23 cation under that section. 

24 ‘‘(ii) In determining the grant amount 

25 under clause (i), the Secretary shall ensure that 
241 

†S 1177 ES

1 a State’s grant includes an amount that bears 

2 the same relationship to the total funds avail3 able under this paragraph for the fiscal year as 

4 the number of students ages 5 through 17 in 

5 the State (as determined by the Secretary on 

6 the basis of the most recent satisfactory data) 

7 bears to the total number of such students in 

8 all States. 

9 ‘‘(B) Any amounts remaining after the 

10 Secretary awards funds under subparagraph 

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

12 receive a grant under such subparagraph, in an 

13 amount that bears the same relationship to the 

14 total funds available under this subparagraph 

15 as the number of students ages 5 through 17 

16 in the State (as determined by the Secretary on 

17 the basis of the most recent satisfactory data) 

18 bears to the total number of such students in 

19 all States. 

20 ‘‘(c) STATE DEFINED.—In this section, the term 

21 ‘State’ means each of the 50 States, the District of Colum22 bia, and the Commonwealth of Puerto Rico. 
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1 ‘‘SEC. 1205. INNOVATIVE ASSESSMENT AND ACCOUNT2 ABILITY DEMONSTRATION AUTHORITY. 

3 ‘‘(a) INNOVATIVE ASSESSMENT SYSTEM DEFINED.— 

4 The term ‘innovative assessment system’ means a system 

5 of assessments that may include— 

6 ‘‘(1) competency-based assessments, 

7 instructionally embedded assessments, interim as8 sessments, cumulative year-end assessments, or per9 formance-based assessments that combine into an 

10 annual summative determination for a student, 

11 which may be administered through computer adapt12 ive assessments; and 

13 ‘‘(2) assessments that validate when students 

14 are ready to demonstrate mastery or proficiency and 

15 allow for differentiated student support based on in16 dividual learning needs. 

17 ‘‘(b) DEMONSTRATION AUTHORITY.— 

18 ‘‘(1) IN GENERAL.—The Secretary may provide 

19 a State educational agency, or a consortium of State 

20 educational agencies, in accordance with paragraph 

21 (3), with the authority to establish an innovative as22 sessment system. 

23 ‘‘(2) DEMONSTRATION PERIOD.—In accordance 

24 with the requirements described in subsection (c), 

25 each State educational agency, or consortium of 

26 State educational agencies, that submits an applica-
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1 tion under this section shall propose in its applica2 tion the period of time over which it desires to exer3 cise the demonstration authority, except that such 

4 period shall not exceed 5 years. 

5 ‘‘(3) INITIAL DEMONSTRATION AUTHORITY; 

6 PROGRESS REPORT; EXPANSION.— 

7 ‘‘(A) INITIAL PERIOD.—During the first 3 

8 years of the demonstration authority under this 

9 section, the Secretary shall provide State edu10 cational agencies, or consortia of State edu11 cational agencies, subject to meeting the appli12 cation requirements in subsection (c), with the 

13 authority described in paragraph (1). 

14 ‘‘(B) LIMITATION.—During the first 3 

15 years of the demonstration authority under this 

16 section, the total number of participating State 

17 educational agencies, including those partici18 pating in consortia, may not exceed 7, and not 

19 more than 4 State educational agencies may 

20 participate in a single consortium. 

21 ‘‘(C) PROGRESS REPORT.— 

22 ‘‘(i) IN GENERAL.—Not later than 90 

23 days after the end of the first 3 years of 

24 the initial demonstration period described 

25 in subparagraph (A), the Director of the 
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1 Institute of Education Sciences, in con2 sultation with the Secretary, shall publish 

3 a report detailing the initial progress of 

4 the approved innovative assessment sys5 tems prior to providing additional State 

6 educational agencies with the demonstra7 tion authority described in paragraph (1). 

8 ‘‘(ii) CRITERIA.—The progress report 

9 under clause (i) shall draw upon the an10 nual information submitted by partici11 pating States described in subsection 

12 (c)(2)(I) and examine the extent to 

13 which— 

14 ‘‘(I) the innovative assessment 

15 systems have demonstrated progress 

16 for all students, including at-risk stu17 dents, in relation to such measures 

18 as— 

19 ‘‘(aa) student achievement 

20 and academic outcomes; 

21 ‘‘(bb) graduation rates for 

22 high schools; 

23 ‘‘(cc) retention rates of stu24 dents in school; and 
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1 ‘‘(dd) rates of remediation 

2 for students; 

3 ‘‘(II) the innovative assessment 

4 systems have facilitated progress in 

5 relation to at least one other valid and 

6 reliable indicator of quality, success, 

7 or student support, such as those re8 ported annually by the State in ac9 cordance with section 

10 1111(b)(3)(B)(ii)(IV); 

11 ‘‘(III) the State educational 

12 agencies have solicited feedback from 

13 teachers, principals, other school lead14 ers, and parents about their satisfac15 tion with the innovative assessment 

16 system; 

17 ‘‘(IV) teachers, principals, and 

18 other school leaders have dem19 onstrated a commitment and capacity 

20 to implement or continue to imple21 ment the innovative assessment sys22 tems; 

23 ‘‘(V) the innovative assessment 

24 systems have been developed in ac25 cordance with the requirements of 
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1 subsection (c), including substantial 

2 evidence that such systems meet such 

3 requirements; and 

4 ‘‘(VI) each State participating in 

5 the demonstration authority has dem6 onstrated that the same system of as7 sessments was used to measure the 

8 achievement of all students that par9 ticipated in the demonstration author10 ity, and at least 95 percent of such 

11 students overall and in each of the 

12 categories of students, as defined in 

13 section 1111(b)(3)(A), were assessed 

14 under the innovative assessment sys15 tem. 

16 ‘‘(iii) USE OF REPORT.—Upon com17 pletion of the progress report, the Sec18 retary shall provide a response to the find19 ings of the progress report, including a de20 scription of how the findings of the report 

21 will be used— 

22 ‘‘(I) to support participating 

23 State educational agencies through 

24 technical assistance; and 
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1 ‘‘(II) to inform the peer review 

2 process described in subsection (d) for 

3 advising the Secretary on the award4 ing of the demonstration authority to 

5 the additional State educational agen6 cies described in subparagraph (D). 

7 ‘‘(iv) PUBLICLY AVAILABLE.—The 

8 Secretary shall make the progress report 

9 under this subparagraph and the response 

10 described in clause (iii) publicly available 

11 on the website of the Department. 

12 ‘‘(v) PROHIBITION.—Nothing in this 

13 subparagraph shall be construed to author14 ize the Secretary to require participating 

15 States to submit any additional informa16 tion for the purposes of the progress report 

17 beyond what the State has already pro18 vided in the annual report described in 

19 subsection (c)(2)(I). 

20 ‘‘(D) EXPANSION OF THE DEMONSTRATION

21 AUTHORITY.—Upon completion and publication 

22 of the report described in subparagraph (C)(iv), 

23 additional State educational agencies or con24 sortia of State educational agencies may apply 

25 for the demonstration authority described in 
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1 this section without regard to the limitations 

2 described in subparagraph (B). Such State edu3 cational agencies or consortia of State edu4 cational agencies shall be subject to all of the 

5 same requirements of this section. 

6 ‘‘(c) APPLICATION.—Consistent with the process de7 scribed in subsection (d), a State educational agency, or 

8 consortium of State educational agencies, that desires to 

9 participate in the program of demonstration authority 

10 under this section shall submit an application to the Sec11 retary at such time, in such manner, and containing such 

12 information as the Secretary may reasonably require. 

13 Such application shall include a description of the innova14 tive assessment system, what experience the applicant has 

15 in implementing any components of the innovative assess16 ment system, and the timeline over which the State pro17 poses to exercise this authority. In addition, the applica18 tion shall include the following: 

19 ‘‘(1) A demonstration that the innovative as20 sessment system will— 

21 ‘‘(A) meet all the requirements of section 

22 1111(b)(2)(B), except the requirements of 

23 clauses (i) and (v) of such section; 

24 ‘‘(B) be aligned to the standards under 

25 section 1111(b)(1) and address the depth and 
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1 breadth of the challenging State academic 

2 standards under such section; 

3 ‘‘(C) express student results or student 

4 competencies in terms consistent with the State 

5 aligned academic achievement standards; 

6 ‘‘(D) be able to generate comparable, valid, 

7 and reliable results for all students and for each 

8 category of students described in section 

9 1111(b)(2)(B)(xi), compared to the results for 

10 such students on the State assessments under 

11 section 1111(b)(2); 

12 ‘‘(E) be developed in collaboration with 

13 stakeholders representing the interests of chil14 dren with disabilities, English learners, and 

15 other vulnerable children, educators, including 

16 teachers, principals, and other school leaders, 

17 local educational agencies, parents, and civil 

18 rights organizations in the State; 

19 ‘‘(F) be accessible to all students, such as 

20 by incorporating the principles of universal de21 sign for learning; 

22 ‘‘(G) provide educators, students, and par23 ents with timely data, disaggregated by each 

24 category of students described in section 
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1 1111(b)(2)(B)(xi), to inform and improve in2 structional practice and student supports; 

3 ‘‘(H) be able to identify which students are 

4 not making progress toward the State’s aca5 demic achievement standards so that educators 

6 can provide instructional support and targeted 

7 intervention to all students to ensure every stu8 dent is making progress; 

9 ‘‘(I) measure the annual progress of not 

10 less than 95 percent of all students and stu11 dents in each of the categories of students, as 

12 defined in section 1111(b)(3)(A), who are en13 rolled in each school that is participating in the 

14 innovative assessment system and are required 

15 to take assessments; 

16 ‘‘(J) generate an annual, summative 

17 achievement determination based on annual 

18 data for each individual student based on the 

19 challenging State academic standards under 

20 section 1111(b)(1) and be able to validly and 

21 reliably aggregate data from the innovative as22 sessment system for purposes of accountability, 

23 consistent with the requirements of section 

24 1111(b)(3), and reporting, consistent with the 

25 requirements of section 1111(d); and 
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1 ‘‘(K) continue use of the high-quality 

2 statewide academic assessments required under 

3 section 1111(b)(2) if such assessments will be 

4 used for accountability purposes for the dura5 tion of the demonstration. 

6 ‘‘(2) A description of how the State educational 

7 agency will— 

8 ‘‘(A) identify the distinct purposes for each 

9 assessment that is part of the innovative assess10 ment system; 

11 ‘‘(B) provide support and training to local 

12 educational agency and school staff to imple13 ment the innovative assessment system de14 scribed in this subsection; 

15 ‘‘(C) inform parents of students in partici16 pating local educational agencies about the in17 novative assessment system at the beginning of 

18 each school year during which the innovative 

19 assessment system will be implemented; 

20 ‘‘(D) engage and support teachers in devel21 oping and scoring assessments that are part of 

22 the innovative assessment system, including 

23 through the use of high-quality professional de24 velopment, standardized and calibrated scoring 

25 rubrics, and other strategies, consistent with 
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1 relevant nationally recognized professional and 

2 technical standards, to ensure inter-rater reli3 ability and comparability; 

4 ‘‘(E) acclimate students to the innovative 

5 assessment system; 

6 ‘‘(F) ensure that students with the most 

7 significant cognitive disabilities may be assessed 

8 with alternate assessments consistent with sec9 tion 1111(b)(2)(D); 

10 ‘‘(G) if the State is proposing to admin11 ister the innovative assessment system initially 

12 in a subset of local educational agencies, scale 

13 up the innovative assessment system to admin14 ister such system statewide or with additional 

15 local educational agencies in the State’s pro16 posed period of demonstration authority and 2- 

17 year extension period, if applicable, including 

18 the timeline that explains the process for scal19 ing to statewide implementation by either the 

20 end of the State’s proposed period of dem21 onstration authority or the 2-year extension pe22 riod; 

23 ‘‘(H) gather data, solicit regular feedback 

24 from educators and parents, and assess the re25 sults of each year of the program of demonstra-
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1 tion authority under this section, and respond 

2 by making needed changes to the innovative as3 sessment system; and 

4 ‘‘(I) report data from the innovative as5 sessment system annually to the Secretary, in6 cluding— 

7 ‘‘(i) demographics of participating 

8 local educational agencies, if such system 

9 is not statewide, and additional local edu10 cational agencies if added to the system 

11 during the course of the State’s dem12 onstration or 2-year extension period, in13 cluding a description of how— 

14 ‘‘(I) the inclusion of additional 

15 local educational agencies contributes 

16 to progress toward achieving high17 quality and consistent implementation 

18 across demographically diverse local 

19 educational agencies throughout the 

20 demonstration period; and 

21 ‘‘(II) by the end of the dem22 onstration authority, the participating 

23 local educational agencies, as a group, 

24 will be demographically similar to the 

25 State as a whole; 
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1 ‘‘(ii) performance of all participating 

2 students and for each category of students, 

3 as defined in section 1111(b)(3)(A), on the 

4 innovative assessment, consistent with the 

5 requirements in section 1111(d); 

6 ‘‘(iii) performance of all participating 

7 students in relation to at least one other 

8 valid and reliable indicator of quality, suc9 cess, or student supports, such as those re10 ported annually by the State in accordance 

11 with section 1111(b)(3)(B)(ii)(IV); 

12 ‘‘(iv) feedback from teachers, prin13 cipals, other school leaders, and parents 

14 about their satisfaction with the innovative 

15 assessment system; and 

16 ‘‘(v) if such system is not statewide, a 

17 description of the State’s progress in scal18 ing up the innovative assessment system to 

19 additional local educational agencies during 

20 the State’s period of demonstration author21 ity, as described in subparagraph (G). 

22 ‘‘(3) A description of the State educational 

23 agency’s plan to— 
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1 ‘‘(A) ensure that all students and each of 

2 the categories of students, as defined in section 

3 1111(b)(3)(A)— 

4 ‘‘(i) are held to the same high stand5 ard as other students in the State; and 

6 ‘‘(ii) receive the instructional support 

7 needed to meet challenging State academic 

8 standards; 

9 ‘‘(B) ensure that each local educational 

10 agency has the technological infrastructure to 

11 implement the innovative assessment system; 

12 and 

13 ‘‘(C) hold all participating schools in the 

14 local educational agencies participating in the 

15 program of demonstration authority account16 able for meeting the State’s expectations for 

17 student achievement. 

18 ‘‘(4) If the innovative assessment system will 

19 initially be administered in a subset of local edu20 cational agencies— 

21 ‘‘(A) a description of the local educational 

22 agencies within the State educational agency 

23 that will participate, including what criteria the 

24 State has for approving any additional local 
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1 educational agencies to participate during the 

2 demonstration period; 

3 ‘‘(B) assurances from such local edu4 cational agencies that such agencies will comply 

5 with the requirements of this subsection; and 

6 ‘‘(C) a description of how the State will— 

7 ‘‘(i) ensure that the inclusion of addi8 tional local educational agencies contrib9 utes to progress toward achieving high10 quality and consistent implementation 

11 across demographically diverse local edu12 cational agencies throughout the dem13 onstration authority; and 

14 ‘‘(ii) ensure that the participating 

15 local educational agencies, as a group, will 

16 be demographically similar to the State as 

17 a whole by the end of the State’s period of 

18 demonstration authority. 

19 ‘‘(d) PEER REVIEW.—The Secretary shall— 

20 ‘‘(1) implement a peer review process to in21 form— 

22 ‘‘(A) the awarding of the demonstration 

23 authority under this section and the approval to 

24 operate the system for the purposes of para-
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1 graphs (2) and (3) of section 1111(b), as de2 scribed in subsection (h) of this section; and 

3 ‘‘(B) determinations about whether the in4 novative assessment system— 

5 ‘‘(i) is comparable to the State assess6 ments under section 1111(b)(2)(B)(v)(I), 

7 valid, reliable, of high technical quality, 

8 and consistent with relevant, nationally 

9 recognized professional and technical 

10 standards; and 

11 ‘‘(ii) provides an unbiased, rational, 

12 and consistent determination of progress 

13 toward the goals described under section 

14 1111(b)(3)(B)(i) for all students; 

15 ‘‘(2) ensure that the peer review team is com16 prised of practitioners and experts who are knowl17 edgeable about the innovative assessment being pro18 posed for all students, including— 

19 ‘‘(A) individuals with past experience de20 veloping systems of assessment innovation that 

21 support all students, including English learners, 

22 children with disabilities, and disadvantaged 

23 students; and 
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1 ‘‘(B) individuals with experience imple2 menting innovative State assessment and ac3 countability systems; 

4 ‘‘(3) make publicly available the applications 

5 submitted under subsection (c) and the peer review 

6 comments and recommendations regarding such ap7 plications; 

8 ‘‘(4) make a determination and inform the 

9 State regarding approval or disapproval of the appli10 cation not later than 90 days after receipt of the 

11 complete application; 

12 ‘‘(5) offer a State the opportunity to revise and 

13 resubmit its application within 60 days of a dis14 approval determination under paragraph (4) to allow 

15 the State to submit additional evidence that the 

16 State’s application meets the requirements of subjec17 tion (c); and 

18 ‘‘(6) make a determination regarding applica19 tion approval or disapproval of a resubmitted appli20 cation under paragraph (5) not later than 45 days 

21 after receipt of the resubmitted application. 

22 ‘‘(e) EXTENSION.—The Secretary may extend an au23 thorization of demonstration authority under this section 

24 for an additional 2 years if the State educational agency 

25 demonstrates with evidence that the State educational 
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1 agency’s innovative assessment system is continuing to 

2 meet the requirements of subsection (c), including— 

3 ‘‘(1) demonstrating capacity to transition to 

4 statewide use by the end of a 2-year extension pe5 riod; and 

6 ‘‘(2) demonstrating that the participating local 

7 educational agencies, as a group, will be demo8 graphically similar to the State as a whole by the 

9 end of a 2-year extension period. 

10 ‘‘(f) USE OF INNOVATIVE ASSESSMENT SYSTEM.—A 

11 State may, during its approved demonstration period or 

12 2-year extension period, include results from the innova13 tive assessment systems developed under this section in 

14 accountability determinations for each student in the par15 ticipating local educational agencies instead of, or in addi16 tion to, those from the assessment system under section 

17 1111(b)(2) if the State demonstrates that the State has 

18 met the requirements in subsection (c). The State shall 

19 continue to meet all other requirements of section 

20 1111(b)(3). 

21 ‘‘(g) AUTHORITY WITHDRAWN.—The Secretary shall 

22 withdraw the authorization for demonstration authority 

23 provided to a State educational agency under this section 

24 and any participating local educational agency or the 

25 State as a whole shall return to the statewide assessment 
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1 system under section 1111(b)(2) if, at any point during 

2 a State’s approved period of demonstration or 2-year ex3 tension period, the State educational agency cannot 

4 present to the Secretary a body of substantial evidence 

5 that the innovative assessment system developed under 

6 this section— 

7 ‘‘(1) meets requirements of subsection (c); 

8 ‘‘(2) includes all students attending schools par9 ticipating in the demonstration authority, including 

10 each of the categories of students, as defined in sec11 tion 1111(b)(3)(A), in the innovative assessment 

12 system demonstration; 

13 ‘‘(3) provides an unbiased, rational, and con14 sistent determination of progress toward the goals 

15 described under section 1111(b)(3)(B)(i) for all stu16 dents, which are comparable to determinations under 

17 section 1111(b)(3)(B)(iii) across the State in which 

18 the local educational agencies are located; 

19 ‘‘(4) presents a high-quality plan to transition 

20 to full statewide use of the innovative assessment 

21 system by the end of the State’s approved dem22 onstration period and 2-year extension, if the inno23 vative assessment system will initially be adminis24 tered in a subset of local educational agencies; and 
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1 ‘‘(5) is comparable to the statewide assessments 

2 under section 1111(b)(2) in content coverage, dif3 ficulty, and quality. 

4 ‘‘(h) TRANSITION.— 

5 ‘‘(1) IN GENERAL.—If, after a State’s approved 

6 demonstration and extension period, the State edu7 cational agency has met all the requirements of this 

8 section, including having scaled the system up to 

9 statewide use, and demonstrated that such system is 

10 of high quality, the State shall be permitted to oper11 ate the innovative assessment system approved 

12 under the program of demonstration authority under 

13 this section for the purposes of paragraphs (2) and 

14 (3) of section 1111(b). Such system shall be deemed 

15 of high quality if the Secretary, through the peer re16 view process described in subsection (d), determines 

17 that the system has— 

18 ‘‘(A) met all of the requirements of this 

19 section; 

20 ‘‘(B) demonstrated progress for all stu21 dents, including each of the categories of stu22 dents defined in section 1111(b)(3)(A), in rela23 tion to such measures as— 

24 ‘‘(i) increasing student achievement 

25 and academic outcomes; 
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1 ‘‘(ii) increasing the 4-year adjusted 

2 cohort graduation rate or the extended3 year adjusted cohort graduation rate for 

4 high schools; 

5 ‘‘(iii) increasing retention rates of stu6 dents in school; and 

7 ‘‘(iv) increasing rates of remediation 

8 at institutions of higher education for par9 ticipating students; 

10 ‘‘(C) demonstrated progress in relation to 

11 at least one other valid and reliable indicator of 

12 quality, success, or student supports, such as 

13 those reported annually by the State in accord14 ance with section 1111(b)(3)(B)(ii)(IV); 

15 ‘‘(D) provided coherent and timely infor16 mation about student attainment of the State’s 

17 challenging academic standards, including ob18 jective measurement of academic achievement, 

19 knowledge, and skills that are valid, reliable, 

20 and consistent with relevant, nationally-recog21 nized professional and technical standards; 

22 ‘‘(E) solicited feedback from teachers, 

23 principals, other school leaders, and parents 

24 about their satisfaction with the innovative as25 sessment system; and 
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1 ‘‘(F) demonstrated that the same system 

2 of assessments was used to measure the 

3 achievement of all students, and at least 95 

4 percent of such students overall and in each of 

5 the categories of students, as defined in section 

6 1111(b)(3)(A), were assessed under the innova7 tive assessment system. 

8 ‘‘(2) BASELINE.—For the purposes of the eval9 uation described in paragraph (1), the baseline year 

10 shall be considered the first year of implementation 

11 of the innovative assessment system for each local 

12 educational agency. 

13 ‘‘(3) WAIVER AUTHORITY.—If, at the conclu14 sion of the State’s approved demonstration and ex15 tension period, the State has met all of the require16 ments of this section, except transition to full state17 wide use for States that will initially administer an 

18 innovative assessment system in a subset of local 

19 educational agencies, and continues to comply with 

20 the other requirements of this section, and dem21 onstrates a high-quality plan for transition to state22 wide use in a reasonable period of time, the State 

23 may request, and the Secretary shall review such re24 quest, a delay of the withdrawal of authority under 

25 subsection (g) for the purpose of providing the State 
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1 time necessary to implement the innovative assess2 ment system statewide. 

3 ‘‘(i) AVAILABLE FUNDS.—A State may use funds 

4 available under section 1201 to carry out this section. 

5 ‘‘(j) RULE OF CONSTRUCTION.—A consortium of 

6 States may apply to participate in the program of dem7 onstration authority under this section and the Secretary 

8 may provide each State member of such consortium with 

9 such authority if each such State member meets all of the 

10 requirements of this section. Such consortium shall be 

11 subject to the limitation described in subsection (b)(3)(B) 

12 during the initial 3 years of the demonstration authority. 

13 ‘‘(k) DISSEMINATION OF BEST PRACTICES.— 

14 ‘‘(1) IN GENERAL.—Following the publication 

15 of the progress report described in subsection 

16 (b)(3)(C), the Director of the Institute of Education 

17 Sciences, in consultation with the Secretary, shall 

18 collect and disseminate the best practices on the de19 velopment and implementation of innovative assess20 ment systems that meet the requirements of this 

21 section, including— 

22 ‘‘(A) the development of summative assess23 ments that meet the requirements of section 

24 1111(b)(2)(B), are comparable with statewide 

25 assessments, and include assessment tasks that 
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1 determine proficiency or mastery of State-ap2 proved competencies aligned to challenging aca3 demic standards; 

4 ‘‘(B) the development of effective supports 

5 for local educational agencies and school staff 

6 to implement innovative assessment systems; 

7 ‘‘(C) the development of effective engage8 ment and support of teachers in developing and 

9 scoring assessments and the use of high-quality 

10 professional development; 

11 ‘‘(D) the development of effective supports 

12 for all students, particularly each of the cat13 egories of students, as defined in section 

14 1111(b)(3)(A), participating in the innovative 

15 assessment systems; and 

16 ‘‘(E) the development of standardized and 

17 calibrated scoring rubrics, and other strategies, 

18 to ensure inter-rater reliability and com19 parability of determinations of mastery or pro20 ficiency across local educational agencies and 

21 the State. 

22 ‘‘(2) PUBLICATION.—The Secretary shall make 

23 the information described in paragraph (1) available 

24 to the public on the website of the Department and 
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1 shall publish an update to the information not less 

2 often than once every 3 years.’’. 

3 SEC. 1013. EDUCATION OF MIGRATORY CHILDREN. 

4 Part C of title I (20 U.S.C. 6391 et seq.) is amend5 ed— 

6 (1) in section 1301— 

7 (A) in paragraph (2), by striking ‘‘State 

8 academic content and student academic achieve9 ment standards’’ and inserting ‘‘challenging 

10 State academic standards’’; 

11 (B) in paragraph (4), by striking ‘‘State 

12 academic content and student academic achieve13 ment standards’’ and inserting ‘‘State academic 

14 standards’’; and 

15 (C) in paragraph (5), by inserting ‘‘with16 out the need for postsecondary remediation’’ 

17 after ‘‘employment’’; 

18 (2) in section 1303— 

19 (A) by striking subsection (a) and insert20 ing the following: 

21 ‘‘(a) STATE ALLOCATIONS.— 

22 ‘‘(1) BASE AMOUNT.— 

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

24 subsection (b) and subparagraph (B), each 

25 State (other than the Commonwealth of Puerto 
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1 Rico) is entitled to receive under this part, for 

2 fiscal year 2016 and succeeding fiscal years, an 

3 amount equal to— 

4 ‘‘(i) the amount that such State re5 ceived under this part for fiscal year 2002; 

6 plus 

7 ‘‘(ii) the amount allocated to the State 

8 under paragraph (2). 

9 ‘‘(B) NONPARTICIPATING STATES.—In the 

10 case of a State (other than the Commonwealth 

11 of Puerto Rico) that did not receive any funds 

12 for fiscal year 2002 under this part, the State 

13 shall receive, for fiscal year 2016 and suc14 ceeding fiscal years, an amount equal to— 

15 ‘‘(i) the amount that such State would 

16 have received under this part for fiscal 

17 year 2002 if its application under section 

18 1304 for the year had been approved; plus 

19 ‘‘(ii) the amount allocated to the State 

20 under paragraph (2). 

21 ‘‘(2) ALLOCATION OF ADDITIONAL AMOUNT.— 

22 For fiscal year 2016 and succeeding fiscal years, the 

23 amount (if any) by which the funds appropriated to 

24 carry out this part for the year exceed such funds 

25 for fiscal year 2002 shall be allocated to a State 
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1 (other than the Commonwealth of Puerto Rico) so 

2 that the State receives an amount equal to— 

3 ‘‘(A) the sum of— 

4 ‘‘(i) the number of identified eligible 

5 migratory children, aged 3 through 21, re6 siding in the State during the previous 

7 year; and 

8 ‘‘(ii) the number of identified eligible 

9 migratory children, aged 3 through 21, 

10 who received services under this part in 

11 summer or intersession programs provided 

12 by the State during such year; multiplied 

13 by 

14 ‘‘(B) 40 percent of the average per-pupil 

15 expenditure in the State, except that the 

16 amount determined under this subparagraph 

17 may not be less than 32 percent, or more than 

18 48 percent, of the average per-pupil expenditure 

19 in the United States.’’; 

20 (B) in subsection (b), by striking para21 graph (2) and inserting the following: 

22 ‘‘(2) MINIMUM PERCENTAGE.—The percentage 

23 in paragraph (1)(A) shall not be less than 85.0 per24 cent.’’; 

25 (C) in subsection (c)— 
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1 (i) in paragraph (1)— 

2 (I) by striking ‘‘(A) If, after’’ 

3 and inserting the following: 

4 ‘‘(A) IN GENERAL.—If, after’’; and 

5 (II) in subparagraph (B)— 

6 (aa) by striking ‘‘If addi7 tional’’ and inserting ‘‘RE8 ALLOCATION.—If additional’’; 

9 and 

10 (bb) by moving the margins 

11 of such subparagraph 2 ems to 

12 the right; and 

13 (ii) in paragraph (2)— 

14 (I) by striking ‘‘(A) The Sec15 retary’’ and inserting the following: 

16 ‘‘(A) FURTHER REDUCTIONS.—The Sec17 retary’’; and 

18 (II) in subparagraph (B)— 

19 (aa) by striking ‘‘The Sec20 retary’’ and inserting ‘‘RE21 ALLOCATION.—The Secretary’’; 

22 and 

23 (bb) by moving the margins 

24 of such subparagraph 2 ems to 

25 the right; and 
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1 (D) in subsection (d)(3)(B), by striking 

2 ‘‘welfare or educational attainment’’ and insert3 ing ‘‘academic achievement’’; and 

4 (E) in subsection (e)— 

5 (i) in the matter preceding paragraph 

6 (1), by striking ‘‘estimated’’ and inserting 

7 ‘‘identified’’; and 

8 (ii) by striking ‘‘the Secretary shall’’ 

9 and all that follows through the period at 

10 the end and inserting ‘‘the Secretary shall 

11 use such information as the Secretary 

12 finds most accurately reflects the actual 

13 number of migratory children.’’; 

14 (3) in section 1304— 

15 (A) in subsection (b)— 

16 (i) in paragraph (1)— 

17 (I) in the matter preceding sub18 paragraph (A)— 

19 (aa) by striking ‘‘special 

20 educational needs’’ and inserting 

21 ‘‘unique educational needs’’; and 

22 (bb) by inserting ‘‘and out23 of-school migratory children’’ 

24 after ‘‘including preschool migra25 tory children’’; 
271 

†S 1177 ES

1 (II) in subparagraph (B), by 

2 striking ‘‘part A or B of title III’’ and 

3 inserting ‘‘part A of title III’’; and 

4 (III) by striking subparagraph 

5 (D) and inserting the following: 

6 ‘‘(D) measurable program objectives and 

7 outcomes;’’; 

8 (ii) in paragraph (2), by striking 

9 ‘‘challenging State academic content stand10 ards and challenging State student aca11 demic achievement standards’’ and insert12 ing ‘‘challenging State academic stand13 ards’’; 

14 (iii) in paragraph (3), by striking ‘‘, 

15 consistent with procedures the Secretary 

16 may require,’’; 

17 (iv) in paragraph (5), by inserting 

18 ‘‘and’’ after the semicolon; 

19 (v) by striking paragraph (6); and 

20 (vi) by redesignating paragraph (7) as 

21 paragraph (6); 

22 (B) in subsection (c)— 

23 (i) in the matter preceding paragraph 

24 (1), by striking ‘‘, satisfactory to the Sec25 retary,’’; 
272 

†S 1177 ES

1 (ii) in paragraph (2), by striking ‘‘in 

2 a manner consistent with the objectives of 

3 section 1114, subsections (b) and (d) of 

4 section 1115, subsections (b) and (c) of 

5 section 1120A, and part I’’ and inserting 

6 ‘‘in a manner consistent with the objectives 

7 of section 1113(c), paragraphs (3) and (4) 

8 of section 1113(d), subsections (b) and (c) 

9 of section 1117, and part E’’; 

10 (iii) in paragraph (3)— 

11 (I) in the matter before subpara12 graph (A), by striking ‘‘parent advi13 sory councils’’ and inserting ‘‘parents 

14 of migratory children, including par15 ent advisory councils’’; and 

16 (II) by striking ‘‘section 1118’’ 

17 and inserting ‘‘section 1115’’; 

18 (iv) in paragraph (4), by inserting 

19 ‘‘and out-of-school migratory children’’ 

20 after ‘‘addressing the unmet educational 

21 needs of preschool migratory children’’; 

22 (v) in paragraph (6)— 

23 (I) by striking ‘‘to the extent fea24 sible,’’; 
273 

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1 (II) by striking subparagraph (C) 

2 and inserting the following: 

3 ‘‘(C) evidence-based family literacy pro4 grams;’’; and 

5 (III) in subparagraph (E), by in6 serting ‘‘, without the need for post7 secondary remediation’’ after ‘‘em8 ployment’’; and 

9 (vi) in paragraph (7), by striking 

10 ‘‘paragraphs (1)(A) and (2)(B)(i) of sec11 tion 1303(a), through such procedures as 

12 the Secretary may require’’ and inserting 

13 ‘‘section 1303(a)(2)(A)’’; 

14 (C) by striking subsection (d) and insert15 ing the following: 

16 ‘‘(d) PRIORITY FOR SERVICES.—In providing services 

17 with funds received under this part, each recipient of such 

18 funds shall give priority to migratory children who have 

19 made a qualifying move within the previous 1-year period 

20 and who— 

21 ‘‘(1) are failing, or most at risk of failing, to 

22 meet the challenging State academic standards; or 

23 ‘‘(2) have dropped out of school.’’; and 
274 

†S 1177 ES

1 (D) in subsection (e)(3), by striking ‘‘sec2 ondary school students’’ and inserting ‘‘stu3 dents’’; 

4 (4) in section 1305(b), by inserting ‘‘, to the ex5 tent practicable,’’ after ‘‘may’’; 

6 (5) in section 1306— 

7 (A) in subsection (a)(1)— 

8 (i) by striking ‘‘special’’ both places 

9 the term appears and inserting ‘‘unique’’; 

10 (ii) in subparagraph (C), by striking 

11 ‘‘challenging State academic content stand12 ards and challenging State student aca13 demic achievement standards’’ and insert14 ing ‘‘challenging State academic stand15 ards’’; and 

16 (iii) in subparagraph (F), by striking 

17 ‘‘or B’’; and 

18 (B) in subsection (b)(4)— 

19 (i) by striking ‘‘special’’ and inserting 

20 ‘‘unique’’; and 

21 (ii) by striking ‘‘section 1114’’ each 

22 place the term appears and inserting ‘‘sec23 tion 1113(c)’’; 

24 (6) in section 1307— 
275 

†S 1177 ES

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

2 by striking ‘‘nonprofit’’; and 

3 (B) in paragraph (3), by striking ‘‘welfare 

4 or educational attainment’’ and inserting ‘‘edu5 cational achievement’’; 

6 (7) in section 1308— 

7 (A) in subsection (a)(1), by inserting 

8 ‘‘through’’ after ‘‘including’’; and 

9 (B) in subsection (b)— 

10 (i) in paragraph (1), by striking ‘‘de11 veloping effective methods for’’; 

12 (ii) in paragraph (2)— 

13 (I) in subparagraph (A)— 

14 (aa) in the matter preceding 

15 clause (i), in the first sentence— 

16 (AA) by striking ‘‘en17 sure the linkage of migrant 

18 student’’ and inserting 

19 ‘‘maintain’’; 

20 (BB) by striking ‘‘sys21 tems’’ and inserting ‘‘sys22 tem’’; 

23 (CC) by inserting 

24 ‘‘within and’’ before ‘‘among 

25 the States’’; and 
276 

†S 1177 ES

1 (DD) by striking ‘‘all 

2 migratory students’’ and in3 serting ‘‘all migratory chil4 dren eligible under this 

5 part’’; 

6 (bb) in the matter preceding 

7 clause (i), by striking ‘‘The Sec8 retary shall ensure’’ and all that 

9 follows through ‘‘maintain.’’; 

10 (cc) in the matter preceding 

11 clause (i), by striking ‘‘Such ele12 ments’’ and inserting ‘‘Such in13 formation’’; and 

14 (dd) in clause (ii), by strik15 ing ‘‘required’’; 

16 (II) by redesignating subpara17 graph (B) as subparagraph (C); 

18 (III) by inserting after subpara19 graph (A) the following: 

20 ‘‘(B) CONSULTATION.—The Secretary 

21 shall maintain ongoing consultation with the 

22 States, local educational agencies, and other mi23 gratory student service providers on— 

24 ‘‘(i) the effectiveness of the system de25 scribed in subparagraph (A); and 
277 

†S 1177 ES

1 ‘‘(ii) the ongoing improvement of such 

2 system.’’; and 

3 (IV) in subparagraph (C), as re4 designated by subclause (II)— 

5 (aa) by striking ‘‘the pro6 posed data elements’’ and insert7 ing ‘‘any new proposed data ele8 ments’’; and 

9 (bb) by striking ‘‘Such pub10 lication shall occur not later than 

11 120 days after the date of enact12 ment of the No Child Left Be13 hind Act of 2001.’’; and 

14 (iii) by striking paragraph (4); and 

15 (8) in section 1309— 

16 (A) in paragraph (1)(B), by striking ‘‘non17 profit’’; and 

18 (B) by striking paragraph (2) and insert19 ing the following: 

20 ‘‘(2) MIGRATORY AGRICULTURAL WORKER.— 

21 The term ‘migratory agricultural worker’ means an 

22 individual who made a qualifying move in the pre23 ceding 36 months and, after doing so, engaged in 

24 new temporary or seasonal employment or personal 

25 subsistence in agriculture, which may be dairy work 
278 

†S 1177 ES

1 or the initial processing of raw agricultural products. 

2 If an individual did not engage in such new employ3 ment soon after a qualifying move, such individual 

4 may be considered a migratory agricultural worker if 

5 the individual actively sought new employment and 

6 has a recent history of moves for agricultural em7 ployment. 

8 ‘‘(3) MIGRATORY CHILD.—The term ‘migratory 

9 child’ means a child or youth who made a qualifying 

10 move in the preceding 36 months— 

11 ‘‘(A) as a migratory agricultural worker or 

12 a migratory fisher; or 

13 ‘‘(B) with, or to join, a parent or spouse 

14 who is a migratory agricultural worker or a mi15 gratory fisher. 

16 ‘‘(4) MIGRATORY FISHER.—The term ‘migra17 tory fisher’ means an individual who made a quali18 fying move in the preceding 36 months and, after 

19 doing so, engaged in new temporary or seasonal em20 ployment or personal subsistence in fishing. If the 

21 individual did not engage in such new employment 

22 soon after the move, the individual may be consid23 ered a migratory fisher if the individual actively 

24 sought new employment and has a recent history of 

25 moves for fishing work. 
279 

†S 1177 ES

1 ‘‘(5) QUALIFYING MOVE.—The term ‘qualifying 

2 move’ means a move due to economic necessity— 

3 ‘‘(A) from one residence to another resi4 dence; and 

5 ‘‘(B) from one school district to another 

6 school district, except— 

7 ‘‘(i) in the case of a State that is com8 prised of a single school district, wherein a 

9 qualifying move is from one administrative 

10 area to another within such district; 

11 ‘‘(ii) in the case of a school district of 

12 more than 15,000 square miles, wherein a 

13 qualifying move is a distance of 20 miles 

14 or more to a temporary residence to en15 gage in a fishing activity; or 

16 ‘‘(iii) in a case in which another ex17 ception applies, as defined by the Sec18 retary.’’. 

19 SEC. 1014. PREVENTION AND INTERVENTION PROGRAMS 

20 FOR CHILDREN AND YOUTH WHO ARE NE21 GLECTED, DELINQUENT, OR AT-RISK. 

22 Part D of title I (20 U.S.C. 6421 et seq.) is amend23 ed— 

24 (1) in section 1401(a)— 

25 (A) in paragraph (1)— 
280 

†S 1177 ES

1 (i) by inserting ‘‘, tribal,’’ after 

2 ‘‘youth in local’’; and 

3 (ii) by striking ‘‘challenging State aca4 demic content standards and challenging 

5 State student academic achievement stand6 ards’’ and inserting ‘‘challenging State 

7 academic standards’’; and 

8 (B) in paragraph (3), by inserting ‘‘and 

9 the involvement of their families and commu10 nities’’ after ‘‘to ensure their continued edu11 cation’’; 

12 (2) in section 1412(b), by striking paragraph 

13 (2) and inserting the following: 

14 ‘‘(2) MINIMUM PERCENTAGE.—The percentage 

15 in paragraph (1)(A) shall not be less than 85 per16 cent.’’; 

17 (3) in section 1414— 

18 (A) in subsection (a)— 

19 (i) in paragraph (1)(B), by striking 

20 ‘‘from correctional facilities to locally oper21 ated programs’’ and inserting ‘‘between 

22 correctional facilities and locally operated 

23 programs’’; and 

24 (ii) in paragraph (2)— 

25 (I) in subparagraph (A)— 
281 

†S 1177 ES

1 (aa) by striking ‘‘the pro2 gram goals, objectives, and per3 formance measures established 

4 by the State’’ and inserting ‘‘the 

5 program objectives and outcomes 

6 established by the State’’; and 

7 (bb) by striking ‘‘vocational’’ 

8 and inserting ‘‘career’’; 

9 (II) in subparagraph (B), by 

10 striking ‘‘and’’ after the semicolon; 

11 (III) in subparagraph (C)— 

12 (aa) in clause (i), by insert13 ing ‘‘and’’ after the semicolon; 

14 (bb) by striking clause (ii) 

15 and redesignating clause (iii) as 

16 clause (ii); and 

17 (cc) by striking clause (iv); 

18 and 

19 (IV) by adding at the end the fol20 lowing: 

21 ‘‘(D) provide assurances that the State 

22 educational agency has established— 

23 ‘‘(i) procedures to ensure the prompt 

24 re-enrollment of each student who has been 

25 placed in the juvenile justice system in sec-
282 

†S 1177 ES

1 ondary school or in a re-entry program 

2 that best meets the needs of the student, 

3 including the transfer of credits that such 

4 student earns during placement; and 

5 ‘‘(ii) opportunities for such students 

6 to participate in higher education or career 

7 pathways.’’; and 

8 (B) in subsection (c)— 

9 (i) in paragraph (1)— 

10 (I) by inserting ‘‘and respond to’’ 

11 after ‘‘to assess’’; and 

12 (II) by inserting ‘‘and, to the ex13 tent practicable, provide for an assess14 ment upon entry into a correctional 

15 facility’’ after ‘‘to be served under this 

16 subpart’’; 

17 (ii) in paragraph (6)— 

18 (I) by striking ‘‘carry out the 

19 evaluation requirements of section 

20 9601 and how’’ and inserting ‘‘use’’; 

21 (II) by inserting ‘‘under section 

22 9601’’ after ‘‘recent evaluation’’; and 

23 (III) by striking ‘‘will be used’’; 

24 (iii) in paragraph (8)— 
283 

†S 1177 ES

1 (I) by striking ‘‘vocational’’ and 

2 inserting ‘‘career’’; and 

3 (II) by striking ‘‘Public Law 

4 105–220’’ and inserting ‘‘the Work5 force Innovation and Opportunity 

6 Act’’; 

7 (iv) in paragraph (9)— 

8 (I) by inserting ‘‘and following’’ 

9 after ‘‘youth prior to’’; and 

10 (II) by inserting ‘‘and, to the ex11 tent practicable, to ensure that transi12 tion plans are in place’’ after ‘‘the 

13 local educational agency or alternative 

14 education program’’; 

15 (v) in paragraph (11), by striking 

16 ‘‘transition of children and youth from 

17 such facility or institution to’’ and insert18 ing ‘‘transition of such children and youth 

19 between such facility or institution and’’; 

20 (vi) in paragraph (16), by inserting 

21 ‘‘and obtain a high school diploma’’ after 

22 ‘‘to encourage the children and youth to 

23 reenter school’’; 
284 

†S 1177 ES

1 (vii) in paragraph (17), by inserting 

2 ‘‘certified or licensed’’ after ‘‘provides an 

3 assurance that’’; 

4 (viii) in paragraph (18), by striking 

5 ‘‘and’’ after the semicolon; 

6 (ix) in paragraph (19), by striking the 

7 period at the end and inserting ‘‘; and’’; 

8 and 

9 (x) by adding at the end the following: 

10 ‘‘(20) describes how the State agency will, to 

11 the extent feasible, identify youth who have come in 

12 contact with both the child welfare system and juve13 nile justice system and improve practices and expand 

14 the evidence-based intervention services to reduce 

15 school suspensions, expulsions, and referrals to law 

16 enforcement.’’; 

17 (4) in section 1415— 

18 (A) in subsection (a)— 

19 (i) in paragraph (1)(B)— 

20 (I) by inserting ‘‘, without the 

21 need for remediation,’’ after ‘‘transi22 tion’’; and 

23 (II) by striking ‘‘vocational or 

24 technical training’’ and inserting ‘‘ca25 reer and technical education’’; and 
285 

†S 1177 ES

1 (ii) in paragraph (2)— 

2 (I) by striking subparagraph (A), 

3 and inserting the following: 

4 ‘‘(A) may include— 

5 ‘‘(i) the acquisition of equipment; 

6 ‘‘(ii) pay-for-success initiatives that 

7 produce a measurable, clearly defined out8 come that results in social benefit and di9 rect cost savings to the local, State, or 

10 Federal Government; and 

11 ‘‘(iii) providing targeted, evidence12 based services for youth who have come in 

13 contact with both the child welfare system 

14 and juvenile justice system;’’; 

15 (II) in subparagraph (B)— 

16 (aa) in clause (i), by striking 

17 ‘‘content standards and student 

18 academic achievement’’; and 

19 (bb) in clause (iii)— 

20 (AA) by striking ‘‘chal21 lenging State academic 

22 achievement standards’’ and 

23 inserting ‘‘challenging State 

24 academic standards’’; and 
286 

†S 1177 ES

1 (BB) by inserting 

2 ‘‘and’’ after the semicolon; 

3 (III) in subparagraph (C)— 

4 (aa) by striking ‘‘section 

5 1120A’’ and inserting ‘‘section 

6 1117’’; and 

7 (bb) by striking ‘‘; and’’ and 

8 inserting a period; and 

9 (IV) by striking subparagraph 

10 (D); and 

11 (B) in subsection (b), by striking ‘‘section 

12 1120A’’ and inserting ‘‘section 1117’’; 

13 (5) in section 1416— 

14 (A) in paragraph (3)— 

15 (i) by striking ‘‘challenging State aca16 demic content standards and student aca17 demic achievement standards’’ and insert18 ing ‘‘challenging State academic stand19 ards’’; and 

20 (ii) by striking ‘‘complete secondary 

21 school, attain a secondary diploma’’ and 

22 inserting ‘‘attain a high school diploma’’; 

23 (B) in paragraph (4)— 

24 (i) by striking ‘‘pupil’’ and inserting 

25 ‘‘specialized instructional support’’; and 
287 

†S 1177 ES

1 (ii) by inserting ‘‘and, to the extent 

2 practicable, the development and imple3 mentation of transition plans’’ after ‘‘chil4 dren and youth described in paragraph 

5 (1)’’; and 

6 (C) in paragraph (6), by striking ‘‘student 

7 progress’’ and inserting ‘‘and improve student 

8 achievement’’; 

9 (6) in section 1418(a)— 

10 (A) by striking paragraph (1) and insert11 ing the following: 

12 ‘‘(1) projects that facilitate the transition of 

13 children and youth between State-operated institu14 tions, or institutions in the State operated by the 

15 Secretary of the Interior, and schools served by local 

16 educational agencies or schools operated or funded 

17 by the Bureau of Indian Education; or’’; and 

18 (B) in paragraph (2)— 

19 (i) by striking ‘‘vocational’’ each place 

20 the term appears and inserting ‘‘career’’; 

21 and 

22 (ii) in the matter preceding subpara23 graph (A)— 

24 (I) by striking ‘‘secondary’’ and 

25 inserting ‘‘high’’; and 
288 

†S 1177 ES

1 (II) by inserting ‘‘, without the 

2 need for remediation,’’ after ‘‘re3 entry’’; 

4 (7) in section 1419, by striking ‘‘for a fiscal 

5 year’’ and all that follows through ‘‘to provide’’ and 

6 inserting ‘‘for a fiscal year to provide’’; 

7 (8) in section 1421— 

8 (A) in paragraph (1), by inserting ‘‘, with9 out the need for remediation,’’ after ‘‘youth’’; 

10 and 

11 (B) in paragraph (3), by inserting ‘‘, in12 cluding schools operated or funded by the Bu13 reau of Indian Education,’’ after ‘‘local 

14 schools’’; 

15 (9) in section 1422(d)— 

16 (A) by inserting ‘‘, which may include the 

17 nonacademic needs,’’ after ‘‘to meet the transi18 tional and academic needs’’; and 

19 (B) by striking ‘‘impact on meeting the 

20 transitional’’ and inserting ‘‘impact on meeting 

21 such transitional’’; 

22 (10) in section 1423— 

23 (A) in paragraph (2)(B), by inserting ‘‘, 

24 including such facilities operated by the Sec-
289 

†S 1177 ES

1 retary of the Interior and Indian tribes’’ after 

2 ‘‘the juvenile justice system’’; 

3 (B) by striking paragraph (4) and insert4 ing the following: 

5 ‘‘(4) a description of the activities that the local 

6 educational agency will carry out to facilitate the 

7 successful transition of children and youth in locally 

8 operated institutions for neglected and delinquent 

9 children and other correctional institutions into 

10 schools served by the local educational agency or, as 

11 appropriate, into career and technical education and 

12 postsecondary education programs;’’; 

13 (C) in paragraph (8), by inserting ‘‘and 

14 family members’’ after ‘‘will involve parents’’; 

15 (D) in paragraph (9)— 

16 (i) by striking ‘‘vocational’’ and in17 serting ‘‘career’’; and 

18 (ii) by striking ‘‘Public Law 105– 

19 220’’ and inserting ‘‘the Workforce Inno20 vation and Opportunity Act’’; 

21 (E) by striking paragraph (11) and insert22 ing the following: 

23 ‘‘(11) as appropriate, a description of how the 

24 local educational agency and schools will address the 

25 educational needs of children and youth who return 
290 

†S 1177 ES

1 from institutions for neglected and delinquent chil2 dren and youth or from correctional institutions and 

3 attend regular or alternative schools;’’; and 

4 (F) in paragraph (12), by striking ‘‘par5 ticipating schools’’ and inserting ‘‘the local edu6 cational agency’’; 

7 (11) in section 1424— 

8 (A) in paragraph (2), by striking ‘‘, includ9 ing’’ and all that follows through ‘‘gang mem10 bers’’; 

11 (B) in paragraph (4)— 

12 (i) by striking ‘‘vocational’’ and in13 serting ‘‘career’’; and 

14 (ii) by striking ‘‘and’’ after the semi15 colon; and 

16 (C) in paragraph (5), by striking the pe17 riod at the end and inserting a semicolon; and 

18 (D) by inserting the following after para19 graph (5): 

20 ‘‘(6) programs for at-risk Indian children and 

21 youth, including such children and youth in correc22 tional facilities in the area served by the local edu23 cational agency that are operated by the Secretary 

24 of the Interior or Indian tribes; and 
291 

†S 1177 ES

1 ‘‘(7) pay-for-success initiatives that produce a 

2 measurable, clearly defined outcome that results in 

3 social benefit and direct cost savings to the local, 

4 State, or Federal government.’’; 

5 (12) in section 1425— 

6 (A) in paragraph (4)— 

7 (i) by inserting ‘‘and obtain a high 

8 school diploma’’ after ‘‘reenter school’’; 

9 and 

10 (ii) by striking ‘‘or seek a secondary 

11 school diploma or its recognized equiva12 lent’’; 

13 (B) in paragraph (6), by striking ‘‘high 

14 academic achievement standards’’ and inserting 

15 ‘‘the challenging State academic standards’’; 

16 (C) in paragraph (9)— 

17 (i) by striking ‘‘vocational’’ and in18 serting ‘‘career’’; and 

19 (ii) by striking ‘‘Public Law 105– 

20 220’’ and inserting ‘‘the Workforce Inno21 vation and Opportunity Act’’; 

22 (D) in paragraph (10), by striking ‘‘and’’ 

23 after the semicolon; 

24 (E) in paragraph (11), by striking the pe25 riod at the end and inserting a semicolon; and 
292 

†S 1177 ES

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

2 ‘‘(12) to the extent practicable, develop an ini3 tial educational services and transition plan for each 

4 child or youth served under this subpart upon entry 

5 into the correctional facility, in partnership with the 

6 child’s or youth’s family members and the local edu7 cational agency that most recently provided services 

8 to the child or youth (if applicable), consistent with 

9 section 1414(a)(1); and 

10 ‘‘(13) consult with the local educational agency 

11 for a period jointly determined necessary by the cor12 rectional facility and local educational agency upon 

13 discharge from that facility, to coordinate edu14 cational services so as to minimize disruption to the 

15 child’s or youth’s achievement.’’; 

16 (13) in section 1426(2), by striking ‘‘sec17 ondary’’ and inserting ‘‘high’’; 

18 (14) in section 1431(a)— 

19 (A) by striking ‘‘secondary’’ each place the 

20 term appears and inserting ‘‘high’’; 

21 (B) in paragraph (1), by inserting ‘‘and to 

22 graduate from high school in the standard num23 ber of years’’ after ‘‘educational achievement’’; 

24 and 
293 

†S 1177 ES

1 (C) in paragraph (3), by inserting ‘‘or 

2 school operated or funded by the Bureau of In3 dian Education’’ after ‘‘local educational agen4 cy’’; and 

5 (15) in section 1432(2)— 

6 (A) by striking ‘‘has limited English pro7 ficiency’’ and inserting ‘‘is an English learner’’; 

8 and 

9 (B) by striking ‘‘or has a high absenteeism 

10 rate at school.’’ and inserting ‘‘has a high ab11 senteeism rate at school, or has other life condi12 tions that make the individual at high risk for 

13 dependency or delinquency adjudication.’’. 

14 SEC. 1015. GENERAL PROVISIONS. 

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

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

17 (2) by redesignating part I as part E; 

18 (3) by striking sections 1907 and 1908; 

19 (4) by redesignating sections 1901, 1902, 1903, 

20 1905, and 1906 as sections 1501, 1502, 1503, 1504, 

21 and 1505, respectively; 

22 (5) in section 1501, as redesignated by para23 graph (4)— 
294 

†S 1177 ES

1 (A) in subsection (a), by inserting ‘‘, in ac2 cordance with subsections (b) through (d),’’ 

3 after ‘‘may issue’’; 

4 (B) in subsection (b)— 

5 (i) in paragraph (1), by inserting 

6 ‘‘principals, other school leaders (including 

7 charter school leaders),’’ after ‘‘teachers,’’; 

8 (ii) in paragraph (2), by adding at the 

9 end the following: ‘‘All information from 

10 such regional meetings and electronic ex11 changes shall be made public in an easily 

12 accessible manner to interested parties.’’; 

13 (iii) in paragraph (3)(A), by striking 

14 ‘‘standards and assessments’’ and inserting 

15 ‘‘standards, assessments, the State ac16 countability system under section 

17 1111(b)(3), school intervention and sup18 port under section 1114, and the require19 ment that funds be supplemented and not 

20 supplanted under section 1117;’’; 

21 (iv) by striking paragraph (4) and in22 serting the following: 

23 ‘‘(4) PROCESS.—Such process shall not be sub24 ject to the Federal Advisory Committee Act, but 

25 shall, unless otherwise provided as described in sub-
295 

†S 1177 ES

1 section (c), follow the provisions of the Negotiated 

2 Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).’’; 

3 and 

4 (v) by striking paragraph (5) and in5 serting the following: 

6 ‘‘(5) EMERGENCY SITUATION.—In an emer7 gency situation in which regulations to carry out this 

8 title must be issued within a very limited time to as9 sist State educational agencies and local educational 

10 agencies with the operation of a program under this 

11 title, the Secretary may issue a proposed regulation 

12 without following such process but shall— 

13 ‘‘(A) designate the proposed regulation as 

14 an emergency with an explanation of the emer15 gency in a notice provided to Congress; 

16 ‘‘(B) publish the duration of the comment 

17 and review period in such notice and in the 

18 Federal Register; and 

19 ‘‘(C) conduct regional meetings to review 

20 such proposed regulation before issuing any 

21 final regulation.’’; 

22 (C) by redesignating subsection (c) as sub23 section (d); 

24 (D) by inserting after subsection (b) the 

25 following: 
296 

†S 1177 ES

1 ‘‘(c) ALTERNATIVE PROCESS IF FAILURE TO REACH

2 CONSENSUS.—If consensus, as defined in section 562 of 

3 title 5, United States Code, on any proposed regulation 

4 is not reached by the individuals selected under paragraph 

5 (3)(B) for the negotiated rulemaking process, or if the 

6 Secretary determines that a negotiated rulemaking proc7 ess is unnecessary, the Secretary may propose a regulation 

8 in the following manner: 

9 ‘‘(1) NOTICE TO CONGRESS.—Not less than 30 

10 days prior to issuing a notice of proposed rule11 making in the Federal Register, the Secretary shall 

12 provide to the Committee on Health, Education, 

13 Labor, and Pensions of the Senate, the Committee 

14 on Education and the Workforce of the House of 

15 Representatives, and other relevant congressional 

16 committees, notice of the Secretary’s intent to issue 

17 a notice of proposed rulemaking that shall include— 

18 ‘‘(A) a copy of the regulation to be pro19 posed; 

20 ‘‘(B) a justification of the need to issue a 

21 regulation; 

22 ‘‘(C) the anticipated burden, including the 

23 time, cost, and paperwork burden, the regula24 tions will impose on State educational agencies, 
297 

†S 1177 ES

1 local educational agencies, schools, and other 

2 entities that may be impacted by the regulation; 

3 ‘‘(D) the anticipated benefits to State edu4 cational agencies, local educational agencies, 

5 schools, and other entities that may be im6 pacted by the regulation; 

7 ‘‘(E) any regulations that will be repealed 

8 when the new regulations are issued; and 

9 ‘‘(F) an opportunity to comment on the in10 formation in subparagraphs (A) through (E). 

11 ‘‘(2) COMMENT PERIOD FOR CONGRESS.—The 

12 Secretary shall provide Congress with a 15-day pe13 riod, beginning after the date on which the Secretary 

14 provided the notice of any proposed rulemaking to 

15 Congress under paragraph (1), to make comments 

16 on the proposed rule. After addressing all comments 

17 received from Congress during such period, the Sec18 retary may proceed with the rulemaking process 

19 under section 553 of title 5, United States Code, as 

20 modified by this section. 

21 ‘‘(3) PUBLIC COMMENT AND REVIEW PERIOD.— 

22 The public comment and review period for any pro23 posed regulation shall be not less than 90 days un24 less an emergency requires a shorter period, in 
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1 which case the Secretary shall comply with the proc2 ess outlined in subsection (b)(5). 

3 ‘‘(4) ASSESSMENT.—No regulation shall be 

4 made final after the comment and review period de5 scribed in paragraph (3) until the Secretary has 

6 published in the Federal Register— 

7 ‘‘(A) an assessment of the proposed regula8 tion that— 

9 ‘‘(i) includes a representative sam10 pling of local educational agencies based on 

11 enrollment, geographic diversity (including 

12 suburban, urban, and rural local edu13 cational agencies), and other factors im14 pacted by the proposed regulation; 

15 ‘‘(ii) addresses the burden, including 

16 the time, cost, and paperwork burden, that 

17 the regulation will impose on State edu18 cational agencies, local educational agen19 cies, schools, and other entities that may 

20 be impacted by the regulation; 

21 ‘‘(iii) addresses the benefits to State 

22 educational agencies, local educational 

23 agencies, schools, and other entities that 

24 may be impacted by the regulation; and 
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1 ‘‘(iv) thoroughly addresses, based on 

2 the comments received during the comment 

3 and review period under paragraph (3), 

4 whether the rule is financially and oper5 ationally viable at the local level; and 

6 ‘‘(B) an explanation of how the entities de7 scribed in subparagraph (A)(ii) may cover the 

8 cost of the burden assessed under such sub9 paragraph.’’; and 

10 (E) by inserting after subsection (d), as re11 designated by subparagraph (C), the following: 

12 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec13 tion affects the applicability of subchapter II of chapter 

14 5, and chapter 7, of title 5, United States Code (commonly 

15 known as the ‘Administrative Procedure Act’) or chapter 

16 8 of title 5, United States Code (commonly known as the 

17 ‘Congressional Review Act’).’’; 

18 (6) in section 1502(a), as redesignated by para19 graph (4)— 

20 (A) by striking ‘‘section 1901’’ and insert21 ing ‘‘section 1501’’; and 

22 (B) by striking ‘‘or provides a written’’ 

23 and all that follows through the period at the 

24 end and inserting ‘‘or, where negotiated rule-
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1 making is not pursued, shall conform to section 

2 1501(c).’’; and 

3 (7) in section 1503, as redesignated by para4 graph (4)— 

5 (A) in subsection (a)(2), by striking ‘‘stu6 dent academic achievement’’ and inserting 

7 ‘‘academic’’; and 

8 (B) in subsection (b)(2)— 

9 (i) in subparagraph (C), by striking ‘‘, 

10 including vocational educators’’; 

11 (ii) in subparagraph (F), by striking 

12 ‘‘and’’ after the semicolon; and 

13 (iii) by striking subparagraph (G) and 

14 inserting the following: 

15 ‘‘(G) specialized instructional support per16 sonnel; 

17 ‘‘(H) representatives of charter schools, as 

18 appropriate; and 

19 ‘‘(I) paraprofessionals.’’. 

20 SEC. 1016. REPORT ON SUBGROUP SAMPLE SIZE. 

21 (a) REPORT.—Not later than 90 days after the date 

22 of enactment of this Act, the Director of the Institute of 

23 Education Sciences shall publish a report on best practices 

24 for determining valid, reliable, and statistically significant 

25 minimum numbers of students for each of the categories 
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1 of students, as defined in section 1111(b)(3)(A) of the El2 ementary and Secondary Education Act of 1965 (20 

3 U.S.C. 6311(b)(3)(A)) (as amended by this Act), for the 

4 purposes of inclusion as categories of students in an ac5 countability system described in section 1111(b)(3) of the 

6 Elementary and Secondary Education Act of 1965 (20 

7 U.S.C. 6311(b)(3)) (as amended by this Act) and how 

8 such minimum number that is determined will not reveal 

9 personally identifiable information about students. 

10 (b) PUBLIC DISSEMINATION.—The Director of the 

11 Institute of Education Sciences shall work with the De12 partment of Education’s existing technical assistance pro13 viders and dissemination networks to ensure that the re14 port described under subsection (a) is widely dissemi15 nated— 

16 (1) to the public, State educational agencies, 

17 local educational agencies, and schools; and 

18 (2) through electronic transfer and other 

19 means, such as posting the report on the website of 

20 the Institute of Education Sciences or in another 

21 relevant place. 
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1 SEC. 1017. REPORT ON IMPLEMENTATION OF EDU2 CATIONAL STABILITY OF CHILDREN IN FOS3 TER CARE. 

4 Not later than 2 years after the date of enactment 

5 of this Act, the Secretary of Education and the Secretary 

6 of Health and Human Services shall submit to the appro7 priate committees of Congress a report on the implemen8 tation of section 1111(c)(1)(L) of the Elementary and 

9 Secondary Education Act of 1965 (20 U.S.C. 

10 6311(c)(1)(L)), including the progress made and the re11 maining barriers relating to such implementation. 

12 SEC. 1018. STUDENT PRIVACY POLICY COMMITTEE. 

13 (a) ESTABLISHMENT OF A COMMITTEE ON STUDENT

14 PRIVACY POLICY.—Not later than 60 days after the date 

15 of enactment of this Act, there is established a committee 

16 to be known as the ‘‘Student Privacy Policy Committee’’ 

17 (referred to in this section as the ‘‘Committee’’). 

18 (b) MEMBERSHIP.— 

19 (1) COMPOSITION.—The Committee shall be 

20 composed of— 

21 (A) 3 individuals appointed by the Sec22 retary of Education; 

23 (B) not less than 8 and not more than 13 

24 individuals appointed by the Comptroller Gen25 eral of the United States, representing— 
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1 (i) experts in education data and stu2 dent privacy; 

3 (ii) educators and parents; 

4 (iii) State and local government offi5 cials responsible for managing student in6 formation; 

7 (iv) education technology leaders in 

8 the State or a local educational agency; 

9 (v) experts with practical experience 

10 dealing with data privacy management at 

11 the State or local level; 

12 (vi) experts with a background in aca13 demia or research in data privacy and edu14 cation data; and 

15 (vii) education technology providers 

16 and education data storage providers; and 

17 (C) 4 members appointed by— 

18 (i) the majority leader of the Senate; 

19 (ii) the minority leader of the Senate; 

20 (iii) the Speaker of the House of Rep21 resentatives; and 

22 (iv) the minority leader of the House 

23 of Representatives. 

24 (D) CHAIRPERSON.—The Committee shall 

25 select a Chairperson from among its members. 
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1 (E) VACANCIES.—Any vacancy in the 

2 Committee shall not affect the powers of the 

3 Committee and shall be filled in the same man4 ner as an initial appointment described in sub5 paragraphs (A) through (C). 

6 (c) MEETINGS.—The Committee shall hold, at the 

7 call of the Chairperson, not less than 5 meetings before 

8 completing the study required under subsection (e) and 

9 the report required under subsection (f). 

10 (d) PERSONNEL MATTERS.— 

11 (1) COMPENSATION OF MEMBERS.—Each mem12 ber of the Committee shall serve without compensa13 tion in addition to any such compensation received 

14 for the member’s service as an officer or employee 

15 of the United States, if applicable. 

16 (2) TRAVEL EXPENSES.—The members of the 

17 Committee shall be allowed travel expenses, includ18 ing per diem in lieu of subsistence, at rates author19 ized for employees of agencies under subchapter 1 of 

20 chapter 57 of title 5, United States Code, while 

21 away from their homes or regular places of business 

22 in the performance of services for the Committee. 

23 (e) DUTIES OF THE COMMITTEE.— 
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1 (1) STUDY.—The Committee shall conduct a 

2 study on the effectiveness of Federal laws and en3 forcement mechanisms of— 

4 (A) student privacy; and 

5 (B) parental rights to student information. 

6 (2) RECOMMENDATIONS.—Based on the find7 ings of the study under paragraph (1), the Com8 mittee shall develop recommendations addressing 

9 issues of student privacy and parental rights and 

10 how to improve and enforce Federal laws regarding 

11 student privacy and parental rights, including rec12 ommendations that— 

13 (A) provide or update standard definitions, 

14 if needed, for relevant terms related to student 

15 privacy, including— 

16 (i) education record; 

17 (ii) personally identifiable information; 

18 (iii) aggregated, de-identified, or 

19 anonymized data; 

20 (iv) third-party; and 

21 (v) educational purpose; 

22 (B) identify— 

23 (i) which Federal laws should be up24 dated; and 
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1 (ii) the appropriate Federal enforce2 ment authority to execute the laws identi3 fied in clause (i); 

4 (C) address the sharing of data in an in5 creasingly technological world, including— 

6 (i) evaluations of protections in place 

7 for student data when it is used for re8 search purposes; 

9 (ii) establishing best practices for any 

10 entity that is charged with handling, or 

11 that comes into contact with, student edu12 cation records; 

13 (iii) ensuring that identifiable data 

14 cannot be used to target students for ad15 vertising or marketing purposes; and 

16 (iv) establishing best practices for 

17 data deletion and minimization; 

18 (D) discuss transparency and parental ac19 cess to personal student information by estab20 lishing best practices for— 

21 (i) ensuring parental knowledge of 

22 any entity that stores or accesses their stu23 dent’s information; 

24 (ii) parents to amend, delete, or mod25 ify their student’s information; and 
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1 (iii) a central designee in a State or a 

2 political subdivision of a State who can 

3 oversee transparency and serve as a point 

4 of contact for interested parties; 

5 (E) establish best practices for the local 

6 entities who handle student privacy, which may 

7 include professional development for those who 

8 come into contact with identifiable data; and 

9 (F) discuss how to improve coordination 

10 between Federal and State laws. 

11 (f) REPORT.—Not later than 270 days after the date 

12 of enactment of this Act, the Committee shall prepare and 

13 submit a report to the Secretary of Education and to Con14 gress containing the findings of the study under sub15 section (e)(1) and the recommendations developed under 

16 subsection (e)(2). 

17 SEC. 1019. REPORT ON STUDENT HOME ACCESS TO DIGITAL 

18 LEARNING RESOURCES. 

19 (a) IN GENERAL.—Not later than 18 months after 

20 the date of enactment of this Act, the Director of the In21 stitute of Education Sciences, in consultation with rel22 evant Federal agencies, shall complete a national study on 

23 the educational trends and behaviors associated with ac24 cess to digital learning resources outside of the classroom, 
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1 which shall include analysis of extant data and new sur2 veys about students and teachers that provide— 

3 (1) a description of the various locations from 

4 which students access the Internet and digital learn5 ing resources outside of the classroom, including 

6 through an after-school or summer program, a li7 brary, and at home; 

8 (2) a description of the various devices and 

9 technology through which students access the Inter10 net and digital learning resources outside of the 

11 classroom, including through a computer or mobile 

12 device; 

13 (3) data associated with the number of students 

14 who lack home Internet access, disaggregated by— 

15 (A) each of the categories of students, as 

16 defined in section 1111(b)(3)(A) of the Elemen17 tary and Secondary Education Act of 1965; 

18 (B) homeless students and children or 

19 youth in foster care; and 

20 (C) students in geographically diverse 

21 areas, including urban, suburban, and rural 

22 areas; 

23 (4) data associated with the barriers to stu24 dents acquiring home Internet access; 
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1 (5) data associated with the proportion of edu2 cators who assign homework or implement innova3 tive learning models that require or are substantially 

4 augmented by a student having home Internet ac5 cess and the frequency of the need for such access; 

6 (6) a description of the learning behaviors asso7 ciated with students who lack home Internet access, 

8 including— 

9 (A) student participation in the classroom, 

10 including the ability to complete homework and 

11 participate in innovative learning models; 

12 (B) student engagement, through such 

13 measures as attendance rates and chronic ab14 senteeism; and 

15 (C) a student’s ability to apply for employ16 ment, postsecondary education, and financial 

17 aid programs; 

18 (7) an analysis of the how a student’s lack of 

19 home Internet access impacts the instructional prac20 tice of educators, including— 

21 (A) the extent to which educators alter in22 structional methods, resources, homework as23 signments, and curriculum in order to accom24 modate differing levels of home Internet access; 

25 and 
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1 (B) strategies employed by educators, 

2 school leaders, and administrators to address 

3 the differing levels of home Internet access 

4 among students; and 

5 (8) a description of the ways in which State 

6 educational agencies, local educational agencies, 

7 schools, and other entities, including through part8 nerships, have developed effective means to provide 

9 students with Internet access outside of the school 

10 day. 

11 (b) PUBLIC DISSEMINATION.—The Director of the 

12 Institute of Education Sciences shall widely disseminate 

13 the findings of the study under this section— 

14 (1) in a timely fashion; 

15 (2) in a form that is understandable, easily ac16 cessible, and publicly available and usable, or adapt17 able for use in, the improvement of educational prac18 tice; 

19 (3) through electronic transfer and other 

20 means, such as posting, as available, to the website 

21 of the Institute of Education Sciences, or the De22 partment of Education; and 

23 (4) to all State educational agencies and other 

24 recipients of funds under part D of title IV of the 

25 Elementary and Secondary Education Act of 1965. 
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1 (c) DEFINITION OF DIGITAL LEARNING.—In this 

2 section, the term ‘‘digital learning’’— 

3 (1) has the meaning given the term in section 

4 5702 of the Elementary and Secondary Education 

5 Act of 1965; and 

6 (2) includes an educational practice that effec7 tively uses technology to strengthen a student’s 

8 learning experience within and outside of the class9 room and at home, which may include the use of 

10 digital learning content, video, software, and other 

11 resources that may be developed, as the Secretary of 

12 Education may determine. 

13 TITLE II—HIGH-QUALITY TEACH14 ERS, PRINCIPALS, AND 

15 OTHER SCHOOL LEADERS 

16 SEC. 2001. TRANSFER OF CERTAIN PROVISIONS. 

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

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

19 II (20 U.S.C. 6731 et seq.) as subpart 3 of part F 

20 of title IX, as redesignated by section 9106(1), and 

21 moving that subpart to the end of part F of title IX; 

22 (2) by redesignating sections 2361 through 

23 2368 as sections 9541 through 9548, respectively; 
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1 (3) in section 9546(b), as redesignated by para2 graph (2), by striking the matter following para3 graph (2) and inserting the following: 

4 ‘‘(3) A State law that makes a limitation of li5 ability inapplicable if the civil action was brought by 

6 an officer of a State or local government pursuant 

7 to State or local law.’’; 

8 (4) by redesignating subpart 4 of part D of title 

9 II as subpart 4 of part F of title IX, as redesignated 

10 by section 9106(1), and moving that subpart to fol11 low subpart 3 of part F of title IX, as redesignated 

12 and moved by paragraph (1); 

13 (5) by redesignating section 2441 as section 

14 9551; and 

15 (6) by striking the subpart heading of subpart 

16 4 of part F of title IX, as redesignated by paragraph 

17 (4), and inserting the following: 

18 ‘‘Subpart 4—Internet Safety’’. 

19 SEC. 2002. PREPARING, TRAINING, AND RECRUITING HIGH20 QUALITY TEACHERS, PRINCIPALS, AND 

21 OTHER SCHOOL LEADERS. 

22 The Act (20 U.S.C. 6301 et seq.) is amended by 

23 striking title II (as amended by section 2001) and insert24 ing the following: 
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1 ‘‘TITLE II—PREPARING, TRAIN2 ING, AND RECRUITING HIGH3 QUALITY TEACHERS, PRIN4 CIPALS, AND OTHER SCHOOL 

5 LEADERS 

6 ‘‘SEC. 2001. PURPOSE. 

7 ‘‘The purpose of this title is to improve student aca8 demic achievement by— 

9 ‘‘(1) increasing the ability of local educational 

10 agencies, schools, teachers, principals, and other 

11 school leaders to provide a well-rounded and com12 plete education for all students; 

13 ‘‘(2) improving the quality and effectiveness of 

14 teachers, principals, and other school leaders; 

15 ‘‘(3) increasing the number of teachers, prin16 cipals, and other school leaders who are effective in 

17 improving student academic achievement in schools; 

18 and 

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

20 students are served by effective teachers, principals, 

21 and other school leaders and have access to a high22 quality instructional program. 

23 ‘‘SEC. 2002. DEFINITIONS. 

24 ‘‘In this title: 
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1 ‘‘(1) SCHOOL LEADER RESIDENCY PROGRAM.— 

2 The term ‘school leader residency program’ means a 

3 school-based principal, school leader, or principal 

4 and school leader preparation program in which a 

5 prospective principal or school leader— 

6 ‘‘(A) for 1 academic year, engages in sus7 tained and rigorous clinical learning with sub8 stantial leadership responsibilities and an op9 portunity to practice and be evaluated in an au10 thentic school setting; and 

11 ‘‘(B) during that academic year— 

12 ‘‘(i) participates in evidence-based 

13 coursework that is integrated with the clin14 ical residency experience; and 

15 ‘‘(ii) receives ongoing support from a 

16 mentor principal or school leader who is ef17 fective. 

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

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

20 Commonwealth of Puerto Rico. 

21 ‘‘(3) TEACHER RESIDENCY PROGRAM.—The 

22 term ‘teacher residency program’ means a school23 based teacher preparation program in which a pro24 spective teacher— 
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1 ‘‘(A) for not less than 1 academic year, 

2 teaches alongside an effective teacher, as deter3 mined by a teacher evaluation system imple4 mented under part A (if applicable), who is the 

5 teacher of record for the classroom; 

6 ‘‘(B) receives concurrent instruction during 

7 the year described in subparagraph (A)— 

8 ‘‘(i) through courses that may be 

9 taught by local educational agency per10 sonnel or by faculty of the teacher prepara11 tion program; and 

12 ‘‘(ii) in the teaching of the content 

13 area in which the teacher will become cer14 tified or licensed; and 

15 ‘‘(C) acquires effective teaching skills, as 

16 demonstrated through completion of a residency 

17 program, or other measure determined by the 

18 State, which may include a teacher performance 

19 assessment. 

20 ‘‘SEC. 2003. AUTHORIZATION OF APPROPRIATIONS. 

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

22 AGENCIES.—For the purposes of carrying out part A 

23 (other than section 2105), there are authorized to be ap24 propriated such sums as may be necessary for each of fis25 cal years 2016 through 2021. 
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1 ‘‘(b) NATIONAL ACTIVITIES.—For the purposes of 

2 carrying out activities authorized under section 2105, 

3 there are authorized to be appropriated such sums as may 

4 be necessary for each of fiscal years 2016 through 2021. 

5 ‘‘(c) TEACHER AND SCHOOL LEADER INCENTIVE

6 PROGRAM.—For the purposes of carrying out part B, 

7 there are authorized to be appropriated such sums as may 

8 be necessary for each of fiscal years 2016 through 2021. 

9 ‘‘(d) AMERICAN HISTORY AND CIVICS EDUCATION.— 

10 For the purposes of carrying out part C, there are author11 ized to be appropriated such sums as may be necessary 

12 for each of fiscal years 2016 through 2021. 

13 ‘‘(e) LITERACY EDUCATION FOR ALL, RESULTS FOR

14 THE NATION.—For the purposes of carrying out part D, 

15 there are authorized to be appropriated such sums as may 

16 be necessary for each of fiscal years 2016 through 2021. 

17 ‘‘(f) STEM INSTRUCTION AND STUDENT ACHIEVE18 MENT.—For the purposes of carrying out part E, there 

19 are authorized to be appropriated such sums as may be 

20 necessary for each of fiscal years 2016 through 2021. 
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1 ‘‘PART A—FUND FOR THE IMPROVEMENT OF 

2 TEACHING AND LEARNING 

3 ‘‘SEC. 2101. FORMULA GRANTS TO STATES. 

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

5 amount appropriated under section 2003(a) for a fiscal 

6 year, the Secretary shall reserve— 

7 ‘‘(1) one-half of 1 percent for allotments for the 

8 United States Virgin Islands, Guam, American 

9 Samoa, and the Commonwealth of the Northern 

10 Mariana Islands, to be distributed among those out11 lying areas on the basis of their relative need, as de12 termined by the Secretary, in accordance with the 

13 purpose of this title; and 

14 ‘‘(2) one-half of 1 percent for the Secretary of 

15 the Interior for programs under this part in schools 

16 operated or funded by the Bureau of Indian Edu17 cation. 

18 ‘‘(b) STATE ALLOTMENTS.— 

19 ‘‘(1) HOLD HARMLESS.— 

20 ‘‘(A) FISCAL YEARS 2016 THROUGH 2021.— 

21 For each of fiscal years 2016 through 2021, 

22 subject to paragraph (2) and subparagraph (C), 

23 from the funds appropriated under section 

24 2003(a) for a fiscal year that remain after the 

25 Secretary makes the reservations under sub26 section (a), the Secretary shall allot to each 
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1 State an amount equal to the total amount that 

2 such State received for fiscal year 2001 

3 under— 

4 ‘‘(i) section 2202(b) of this Act (as in 

5 effect on the day before the date of enact6 ment of the No Child Left Behind Act of 

7 2001); and 

8 ‘‘(ii) section 306 of the Department of 

9 Education Appropriations Act, 2001 (as 

10 enacted into law by section 1(a)(1) of Pub11 lic Law 106–554). 

12 ‘‘(B) RATABLE REDUCTION.—If the funds 

13 described in subparagraph (A) are insufficient 

14 to pay the full amounts that all States are eligi15 ble to receive under subparagraph (A) for any 

16 fiscal year, the Secretary shall ratably reduce 

17 those amounts for the fiscal year. 

18 ‘‘(C) PERCENTAGE REDUCTION.—For each 

19 of fiscal years 2016 through 2021, the amount 

20 in subparagraph (A) shall be reduced by a per21 centage equal to the product of 14.29 percent 

22 and the number of years between the fiscal year 

23 for which the determination is being made and 

24 fiscal year 2015. 

25 ‘‘(2) ALLOTMENT OF ADDITIONAL FUNDS.— 
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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), for any fiscal year for which the 

3 funds appropriated under section 2003(a) and 

4 not reserved under subsection (a) exceed the 

5 total amount required to make allotments under 

6 paragraph (1), the Secretary shall allot to each 

7 State the sum of— 

8 ‘‘(i) an amount that bears the same 

9 relationship to 20 percent of the excess 

10 amount as the number of individuals age 5 

11 through 17 in the State, as determined by 

12 the Secretary on the basis of the most re13 cent satisfactory data, bears to the number 

14 of those individuals in all such States, as 

15 so determined; and 

16 ‘‘(ii) an amount that bears the same 

17 relationship to 80 percent of the excess 

18 amount as the number of individuals age 5 

19 through 17 from families with incomes 

20 below the poverty line in the State, as de21 termined by the Secretary on the basis of 

22 the most recent satisfactory data, bears to 

23 the number of those individuals in all such 

24 States, as so determined. 
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1 ‘‘(B) EXCEPTION.—No State receiving an 

2 allotment under subparagraph (A) may receive 

3 less than one-half of 1 percent of the total ex4 cess amount allotted under such subparagraph 

5 for a fiscal year. 

6 ‘‘(3) FISCAL YEAR 2022 AND SUCCEEDING FIS7 CAL YEARS.—For fiscal year 2022 and each of the 

8 succeeding fiscal years, the Secretary shall allot 

9 funds appropriated under section 2003(a) and not 

10 reserved under subsection (a) to each State in ac11 cordance with paragraph (2). 

12 ‘‘(4) REALLOTMENT.—If any State does not 

13 apply for an allotment under this subsection for any 

14 fiscal year, the Secretary shall reallot the amount of 

15 the allotment to the remaining States in accordance 

16 with this subsection. 

17 ‘‘(c) STATE USE OF FUNDS.— 

18 ‘‘(1) IN GENERAL.—Except as provided for 

19 under paragraph (3), each State that receives an al20 lotment under subsection (b) for a fiscal year shall 

21 reserve not less than 95 percent of such allotment 

22 to make subgrants to local educational agencies for 

23 such fiscal year, as described in section 2102. 

24 ‘‘(2) STATE ADMINISTRATION.—A State edu25 cational agency may use not more than 1 percent of 
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1 the amount allotted to such State under subsection 

2 (b) for the administrative costs of carrying out such 

3 State educational agency’s responsibilities under this 

4 part. 

5 ‘‘(3) PRINCIPALS AND OTHER SCHOOL LEAD6 ERS.—Notwithstanding paragraph (1) and in addi7 tion to funds otherwise available for activities under 

8 paragraph (4), a State educational agency may re9 serve not more than 3 percent of the amount re10 served for subgrants to local educational agencies 

11 under paragraph (1) for activities for principals and 

12 other school leaders described in paragraph (4), if 

13 such reservation would not result in a lower alloca14 tion to local educational agencies under section 

15 2102, as compared to such allocation for the pre16 ceding fiscal year. 

17 ‘‘(4) STATE ACTIVITIES.— 

18 ‘‘(A) IN GENERAL.—The State educational 

19 agency for a State that receives an allotment 

20 under subsection (b) may use funds not re21 served under paragraph (1) to carry out 1 or 

22 more of the activities described in subparagraph 

23 (B), which may be implemented in conjunction 

24 with a State agency of higher education (if such 

25 agencies are separate) and carried out through 
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1 a grant or contract with a for-profit or non2 profit entity, including an institution of higher 

3 education. 

4 ‘‘(B) TYPES OF STATE ACTIVITIES.—The 

5 activities described in this subparagraph are the 

6 following: 

7 ‘‘(i) Reforming teacher, principal, and 

8 other school leader certification, recertifi9 cation, licensing, or tenure systems or 

10 preparation program standards and ap11 proval processes to ensure that— 

12 ‘‘(I) teachers have the necessary 

13 subject-matter knowledge and teach14 ing skills, as demonstrated through 

15 measures determined by the State, 

16 which may include teacher perform17 ance assessments, in the academic 

18 subjects that the teachers teach to 

19 help students meet challenging State 

20 academic standards described in sec21 tion 1111(b)(1); 

22 ‘‘(II) principals and other school 

23 leaders have the instructional leader24 ship skills to help teachers teach and 
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1 to help students meet such chal2 lenging State academic standards; and 

3 ‘‘(III) teacher certification or li4 censing requirements are aligned with 

5 such challenging State academic 

6 standards. 

7 ‘‘(ii) Developing, improving, or pro8 viding assistance to local educational agen9 cies to support the design and implementa10 tion of teacher, principal, and other school 

11 leader evaluation and support systems that 

12 are based in part on evidence of student 

13 academic achievement, which may include 

14 student growth, and shall include multiple 

15 measures of educator performance and 

16 provide clear, timely, and useful feedback 

17 to teachers, principals, and other schools 

18 leaders, such as by— 

19 ‘‘(I) developing and dissemi20 nating high-quality evaluation tools, 

21 such as classroom observation rubrics, 

22 and methods, including training and 

23 auditing, for ensuring inter-rater reli24 ability of evaluation results; 
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1 ‘‘(II) developing and providing 

2 training to principals, other school 

3 leaders, coaches, mentors, and eval4 uators on how to accurately differen5 tiate performance, provide useful and 

6 timely feedback, and use evaluation 

7 results to inform decisionmaking 

8 about professional development, im9 provement strategies, and personnel 

10 decisions; and 

11 ‘‘(III) developing a system for 

12 auditing the quality of evaluation and 

13 support systems. 

14 ‘‘(iii) Improving equitable access to ef15 fective teachers, principals, and other 

16 school leaders. 

17 ‘‘(iv) Carrying out programs that es18 tablish, expand, or improve alternative 

19 routes for State certification of teachers 

20 (especially for teachers of children with 

21 disabilities, English learners, science, tech22 nology, engineering, mathematics, or other 

23 areas where the State demonstrates a 

24 shortage of educators), principals, and 

25 other school leaders, for— 
325 

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1 ‘‘(I) individuals with a bacca2 laureate or master’s degree, or other 

3 advanced degree; 

4 ‘‘(II) mid-career professionals 

5 from other occupations; 

6 ‘‘(III) paraprofessionals; 

7 ‘‘(IV) former military personnel; 

8 and 

9 ‘‘(V) recent graduates of institu10 tions of higher education with records 

11 of academic distinction who dem12 onstrate the potential to become high13 ly effective teachers, principals, or 

14 other school leaders. 

15 ‘‘(v) Developing, improving, and im16 plementing mechanisms to assist local edu17 cational agencies and schools in effectively 

18 recruiting and retaining teachers, prin19 cipals, and other school leaders who are ef20 fective in improving student academic 

21 achievement, including highly effective 

22 teachers from underrepresented minority 

23 groups and teachers with disabilities, such 

24 as through— 
326 

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1 ‘‘(I) opportunities for a cadre of 

2 effective teachers to lead evidence3 based professional development for 

4 their peers; 

5 ‘‘(II) career opportunities for 

6 teachers to grow as leaders, including 

7 hybrid roles that allow teachers to vol8 untarily serve as mentors or academic 

9 coaches while remaining in the class10 room; and 

11 ‘‘(III) providing training and 

12 support for teacher leaders and school 

13 leaders who are recruited as part of 

14 instructional leadership teams. 

15 ‘‘(vi) Fulfilling the State educational 

16 agency’s responsibilities concerning proper 

17 and efficient administration and moni18 toring of the programs carried out under 

19 this part, including provision of technical 

20 assistance to local educational agencies. 

21 ‘‘(vii) Developing, or assisting local 

22 educational agencies in developing— 

23 ‘‘(I) teacher advancement initia24 tives that promote professional growth 

25 and emphasize multiple career paths, 
327 

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1 such as school leadership, mentoring, 

2 involvement with school intervention 

3 and support, and instructional coach4 ing; 

5 ‘‘(II) strategies that provide dif6 ferential pay, or other incentives, to 

7 recruit and retain teachers in high8 need academic subjects and teachers, 

9 principals, or other school leaders, in 

10 low-income schools and school dis11 tricts, which may include perform12 ance-based pay systems; and 

13 ‘‘(III) new teacher, principal, and 

14 other school leader induction and 

15 mentoring programs that are evi16 dence-based and designed to— 

17 ‘‘(aa) improve classroom in18 struction and student learning 

19 and achievement; 

20 ‘‘(bb) increase the retention 

21 of effective teachers, principals, 

22 and other school leaders; 

23 ‘‘(cc) improve school leader24 ship to improve classroom in-
328 

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1 struction and student learning 

2 and achievement; and 

3 ‘‘(dd) provide opportunities 

4 for teachers, principals, and 

5 other school leaders who are ex6 perienced, are effective, and have 

7 demonstrated an ability to work 

8 with adult learners to be men9 tors. 

10 ‘‘(viii) Providing assistance to local 

11 educational agencies for— 

12 ‘‘(I) the development and imple13 mentation of high-quality professional 

14 development programs for principals 

15 that enable the principals to be effec16 tive and prepare all students to meet 

17 the challenging State academic stand18 ards described in section 1111(b)(1); 

19 and 

20 ‘‘(II) the development and sup21 port of other school leadership pro22 grams to develop educational leaders. 

23 ‘‘(ix) Supporting efforts to train 

24 teachers, principals, and other school lead25 ers to effectively integrate technology into 
329 

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1 curricula and instruction, which may in2 clude blended learning projects that in3 clude an element of online learning, com4 bined with supervised learning time and 

5 student-led learning, in which the elements 

6 are connected to provide an integrated 

7 learning experience. 

8 ‘‘(x) Providing training, technical as9 sistance, and capacity-building to local 

10 educational agencies that receive a 

11 subgrant under this part. 

12 ‘‘(xi) Supporting teacher, principal, 

13 and other school leader residency pro14 grams. 

15 ‘‘(xii) Reforming or improving teach16 er, principal, and other school leader prep17 aration programs. 

18 ‘‘(xiii) Supporting the instructional 

19 services provided by effective school library 

20 programs. 

21 ‘‘(xiv) Supporting the instructional 

22 services provided by athletic administra23 tors, such as through professional develop24 ment or relevant State certification or li25 censure for such administrators. 
330 

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1 ‘‘(xv) Developing, or assisting local 

2 educational agencies in developing, strate3 gies that provide teachers, principals, and 

4 other school leaders with the skills, creden5 tials, or certifications needed to educate all 

6 students in postsecondary education 

7 coursework through early college high 

8 school or dual or concurrent enrollment 

9 courses or programs. 

10 ‘‘(xvi) Providing training for all school 

11 personnel, including teachers, principals, 

12 other school leaders, specialized instruc13 tional support personnel, and paraprofes14 sionals, regarding how to prevent and rec15 ognize child sexual abuse. 

16 ‘‘(xvii) Supporting principals, other 

17 school leaders, teachers, teacher leaders, 

18 paraprofessionals, early childhood edu19 cation program directors, and other early 

20 childhood education program providers to 

21 participate in efforts to align and promote 

22 quality early learning experiences from 

23 prekindergarten through grade 3. 

24 ‘‘(xviii) Developing and providing pro25 fessional development and instructional 
331 

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1 materials for science, technology, engineer2 ing, and mathematics subjects, including 

3 computer science. 

4 ‘‘(xix) Supporting the efforts and pro5 fessional development of teachers, prin6 cipals, and other school leaders to inte7 grate academic and career and technical 

8 education content into instructional prac9 tices, which may include— 

10 ‘‘(I) integrating career and tech11 nical education with advanced 

12 coursework, such as by allowing the 

13 acquisition of postsecondary credits, 

14 recognized postsecondary credentials, 

15 and industry-based credentials, by 

16 students while in high school; or 

17 ‘‘(II) coordinating activities with 

18 employers and entities carrying out 

19 initiatives under other workforce de20 velopment programs to identify State 

21 and regional workforce needs, such as 

22 through the development of State and 

23 local plans under title I of the Work24 force Innovation and Opportunity Act 

25 (29 U.S.C. 3111 et seq); 
332 

†S 1177 ES

1 ‘‘(xx) Supporting other activities iden2 tified by the State that are evidence-based 

3 and that meet the purpose of this title. 

4 ‘‘(xxi) Enabling States, as a consor5 tium, to voluntarily develop a process that 

6 allows teachers who are licensed or cer7 tified in a participating State to teach in 

8 other participating States without com9 pleting additional licensure or certification 

10 requirements, except that nothing in this 

11 clause shall be construed to allow the Sec12 retary to exercise any direction, super13 vision, or control over State teacher licens14 ing or certification requirements. 

15 ‘‘(d) STATE PLAN.— 

16 ‘‘(1) IN GENERAL.—In order to receive an allot17 ment under this section for any fiscal year, a State 

18 shall submit a plan to the Secretary, at such time, 

19 in such manner, and containing such information as 

20 the Secretary may reasonably require. 

21 ‘‘(2) CONTENTS.—Each plan described under 

22 paragraph (1) shall include the following: 

23 ‘‘(A) A description of how the State edu24 cational agency will use funds received under 
333 

†S 1177 ES

1 this title for State-level activities described in 

2 subsection (c). 

3 ‘‘(B) A description of the State’s system of 

4 certification, licensing, and professional growth 

5 and improvement, such as clinical experience 

6 for prospective educators, support for new edu7 cators, professional development, professional 

8 growth and leadership opportunities, and com9 pensation systems for teachers, principals, and 

10 other educators. 

11 ‘‘(C) A description of how activities under 

12 this part are aligned with challenging State aca13 demic standards and State assessments under 

14 section 1111, which may include, as appro15 priate, relevant State early learning and devel16 opmental guidelines, as required under section 

17 658E(c)(2)(T) of the Child Care and Develop18 ment Block Grant Act of 1990 (42 U.S.C. 

19 9858c(c)(2)(T)). 

20 ‘‘(D) A description of how the activities 

21 using funds under this part are expected to im22 prove student achievement. 

23 ‘‘(E) If a State educational agency plans 

24 to use funds under this part to improve equi25 table access to effective teachers, principals, 
334 

†S 1177 ES

1 and other school leaders, a description of how 

2 such funds will be used to meet the State’s 

3 commitment described in section 1111(c)(1)(F) 

4 to ensure equitable access to effective teachers, 

5 principals, and school leaders. 

6 ‘‘(F) An assurance that the State edu7 cational agency will monitor the implementation 

8 of activities under this part and provide tech9 nical assistance to local educational agencies in 

10 carrying out such activities. 

11 ‘‘(G) An assurance that the State edu12 cational agency will work in consultation with 

13 the entity responsible for teacher and principal 

14 professional standards, certification, and licens15 ing for the State, and encourage collaboration 

16 between educator preparation programs, the 

17 State, and local educational agencies to promote 

18 the readiness of new educators entering the 

19 profession. 

20 ‘‘(H) A description of how the State edu21 cational agency will improve the skills of teach22 ers, principals, and other school leaders in order 

23 to enable them to identify students with specific 

24 learning needs, particularly students with dis25 abilities, English learners, students who are 
335 

†S 1177 ES

1 gifted and talented, and students with low lit2 eracy levels, and provide instruction based on 

3 the needs of such students. 

4 ‘‘(I) A description of how the State will use 

5 data and ongoing consultation with and input 

6 from teachers and teacher organizations, prin7 cipals, other school leaders, specialized instruc8 tional support personnel, parents, community 

9 partners, and (where applicable) institutions of 

10 higher education, to continually update and im11 prove the activities supported under this part. 

12 ‘‘(J) A description of actions the State 

13 may take to improve preparation programs and 

14 strengthen support for principals and other 

15 school leaders based on the needs of the State, 

16 as identified by the State educational agency. 

17 ‘‘(3) CONSULTATION.—In developing the State 

18 plan under this subsection, a State shall— 

19 ‘‘(A) involve teachers, teacher organiza20 tions, principals, other school leaders, special21 ized instructional support personnel, parents, 

22 community partners, and other organizations or 

23 partners with relevant and demonstrated exper24 tise in programs and activities designed to meet 

25 the purpose of this title; 
336 

†S 1177 ES

1 ‘‘(B) seek advice from the individuals, or2 ganizations, or partners described in subpara3 graph (A) regarding how best to improve the 

4 State’s activities to meet the purpose of this 

5 title; and 

6 ‘‘(C) coordinate the State’s activities under 

7 this part with other related strategies, pro8 grams, and activities being conducted in the 

9 State. 

10 ‘‘(e) PROHIBITION.—Nothing in this section shall be 

11 construed to authorize the Secretary or any other officer 

12 or employee of the Federal Government to mandate, di13 rect, or control any of the following: 

14 ‘‘(1) The development, improvement, or imple15 mentation of elements of any teacher, principal, or 

16 school leader evaluation systems. 

17 ‘‘(2) Any State or local educational agency’s 

18 definition of teacher, principal, or other school lead19 er effectiveness. 

20 ‘‘(3) Any teacher, principal, or other school 

21 leader professional standards, certification, or licens22 ing. 
337 

†S 1177 ES

1 ‘‘SEC. 2102. SUBGRANTS TO LOCAL EDUCATIONAL AGEN2 CIES. 

3 ‘‘(a) ALLOCATION OF FUNDS TO LOCAL EDU4 CATIONAL AGENCIES.— 

5 ‘‘(1) IN GENERAL.—From funds reserved by a 

6 State under section 2101(c)(1) for a fiscal year, the 

7 State, acting through the State educational agency, 

8 shall award subgrants to eligible local educational 

9 agencies from allocations described in paragraph (2). 

10 ‘‘(2) ALLOCATION FORMULA.—From the funds 

11 described in paragraph (1), the State educational 

12 agency shall allocate to each of the eligible local edu13 cational agencies in the State for a fiscal year the 

14 sum of— 

15 ‘‘(A) an amount that bears the same rela16 tionship to 20 percent of such funds for such 

17 fiscal year as the number of individuals aged 5 

18 through 17 in the geographic area served by the 

19 agency, as determined by the Secretary on the 

20 basis of the most recent satisfactory data, bears 

21 to the number of those individuals in the geo22 graphic areas served by all eligible local edu23 cational agencies in the State, as so determined; 

24 and 

25 ‘‘(B) an amount that bears the same rela26 tionship to 80 percent of the funds for such fis-
338 

†S 1177 ES

1 cal year as the number of individuals aged 5 

2 through 17 from families with incomes below 

3 the poverty line in the geographic area served 

4 by the agency, as determined by the Secretary 

5 on the basis of the most recent satisfactory 

6 data, bears to the number of those individuals 

7 in the geographic areas served by all the eligible 

8 local educational agencies in the State, as so 

9 determined. 

10 ‘‘(3) ADMINISTRATIVE COSTS.—Of the amounts 

11 allocated to a local educational agency under para12 graph (2), the local educational agency may use not 

13 more than 2 percent for the direct administrative 

14 costs of carrying out its responsibilities under this 

15 part. 

16 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

17 this section shall be construed to prohibit a consor18 tium of local educational agencies that are des19 ignated with a school locale code of 41, 42, or 43, 

20 or such local educational agencies designated with a 

21 school locale code of 41, 42, or 43 that work in co22 operation with an educational service agency, from 

23 voluntarily combining allocations received under this 

24 part for the collective use of funding by the consor25 tium for activities under this section. 
339 

†S 1177 ES

1 ‘‘(b) LOCAL APPLICATIONS.— 

2 ‘‘(1) IN GENERAL.—To be eligible to receive a 

3 subgrant under this section, a local educational 

4 agency shall conduct a needs assessment described 

5 in paragraph (2) and submit an application to the 

6 State educational agency at such time, in such man7 ner, and containing such information as the State 

8 educational agency may reasonably require. 

9 ‘‘(2) NEEDS ASSESSMENT.— 

10 ‘‘(A) IN GENERAL.—To be eligible to re11 ceive a subgrant under this section, a local edu12 cational agency shall periodically conduct a 

13 comprehensive needs assessment of the local 

14 educational agency and of all schools served by 

15 the local educational agency. 

16 ‘‘(B) REQUIREMENTS.—The needs assess17 ment under subparagraph (A) shall be designed 

18 to determine the schools with the most acute 

19 staffing needs related to— 

20 ‘‘(i) increasing the number of teach21 ers, principals, and other school leaders 

22 who are effective in improving student aca23 demic achievement; 

24 ‘‘(ii) ensuring that low-income and mi25 nority students are not disproportionately 
340 

†S 1177 ES

1 served by ineffective teachers, principals, 

2 and other school leaders; 

3 ‘‘(iii) ensuring that low-income and 

4 minority students have access to— 

5 ‘‘(I) a high-quality instructional 

6 program (such as opportunities for 

7 high-quality postsecondary education 

8 coursework through an early college 

9 high school or a dual or concurrent 

10 enrollment program); and 

11 ‘‘(II) class sizes that are appro12 priate and evidence-based; 

13 ‘‘(iv) hiring, retention, and advance14 ment and leadership opportunities for ef15 fective teachers, principals, and other 

16 school leaders; 

17 ‘‘(v) supporting and developing all 

18 educators, including preschool, kinder19 garten, elementary, middle, or high school 

20 teachers (including special education and 

21 career and technical education teachers), 

22 principals, other school leaders, early child23 hood directors, specialized instructional 

24 support personnel, paraprofessionals, or 
341 

†S 1177 ES

1 other staff members who provide or di2 rectly support instruction; 

3 ‘‘(vi) understanding and using data 

4 and assessments to improve student learn5 ing and classroom practice; 

6 ‘‘(vii) improving student behavior, in7 cluding the response of teachers, prin8 cipals, and other school leaders to student 

9 behavior, in the classroom and school, in10 cluding the identification of early and ap11 propriate interventions, which may include 

12 positive behavioral interventions and sup13 ports; 

14 ‘‘(viii) teaching students who are 

15 English learners, children who are in early 

16 childhood education programs, children 

17 with disabilities, American Indian children, 

18 Alaskan Native children, and gifted and 

19 talented students; 

20 ‘‘(ix) ensuring that funds are used to 

21 support schools served by the local edu22 cational agency that are identified under 

23 section 1114(a)(1)(A) and schools with 

24 high percentages or numbers of children 

25 counted under section 1124(c); 
342 

†S 1177 ES

1 ‘‘(x) improving the academic and non2 academic skills of all students that are es3 sential for learning readiness and academic 

4 success; and 

5 ‘‘(xi) any other evidence-based factors 

6 that the local educational agency deter7 mines are appropriate to meet the needs of 

8 schools within the jurisdiction of the local 

9 educational agency and meet the purpose 

10 of this title. 

11 ‘‘(3) CONSULTATION.— 

12 ‘‘(A) IN GENERAL.—In conducting a needs 

13 assessment described in paragraph (2), a local 

14 educational agency shall— 

15 ‘‘(i) involve teachers, teacher organi16 zations, principals, and other school lead17 ers, specialized instructional support per18 sonnel, parents, community partners, and 

19 others with relevant and demonstrated ex20 pertise in programs and activities designed 

21 to meet the purpose of this title; and 

22 ‘‘(ii) take into account the activities 

23 that need to be conducted in order to give 

24 teachers, principals, and other school lead25 ers the skills to provide students with the 
343 

†S 1177 ES

1 opportunity to meet challenging State aca2 demic standards described in section 

3 1111(b)(1). 

4 ‘‘(B) CONTINUED CONSULTATION.—A local 

5 educational agency receiving a subgrant under 

6 this section shall consult with such individuals 

7 and organizations described in subparagraph 

8 (A) on an ongoing basis in order to— 

9 ‘‘(i) seek advice regarding how best to 

10 improve the local educational agency’s ac11 tivities to meet the purpose of this title; 

12 and 

13 ‘‘(ii) coordinate the local educational 

14 agency’s activities under this part with 

15 other related strategies, programs, and ac16 tivities being conducted in the community. 

17 ‘‘(4) CONTENTS OF APPLICATION.—Each appli18 cation submitted under paragraph (1) shall be based 

19 on the results of the needs assessment required 

20 under paragraph (2) and shall include the following: 

21 ‘‘(A) A description of the results of the 

22 comprehensive needs assessment carried out 

23 under paragraph (2). 

24 ‘‘(B) A description of the activities to be 

25 carried out by the local educational agency 
344 

†S 1177 ES

1 under this section and how these activities will 

2 be aligned with the challenging State academic 

3 standards described in section 1111(b)(1). 

4 ‘‘(C) A description of how such activities 

5 will comply with the principles of effectiveness 

6 described in section 2103(c). 

7 ‘‘(D) A description of the activities, includ8 ing professional development, that will be made 

9 available to meet needs identified by the needs 

10 assessment described in paragraph (2). 

11 ‘‘(E) A description of the local educational 

12 agency’s systems of hiring and professional 

13 growth and improvement, such as induction for 

14 teachers, principals, and other school leaders. 

15 ‘‘(F) A description of how the local edu16 cational agency will support efforts to train 

17 teachers, principals, and other school leaders to 

18 effectively integrate technology into curricula 

19 and instruction. 

20 ‘‘(G) A description of how the local edu21 cational agency will prioritize funds to schools 

22 served by the agency that are identified under 

23 section 1114(a)(1)(A) and have the highest per24 centage or number of children counted under 

25 section 1124(c). 
345 

†S 1177 ES

1 ‘‘(H) Where a local educational agency has 

2 a significant number of schools identified under 

3 section 1114(a)(1)(A), as determined by the 

4 State, a description of how the local educational 

5 agency will seek the input of the State edu6 cational agency in planning and implementing 

7 activities under this part. 

8 ‘‘(I) A description of how the local edu9 cational agency will increase and improve op10 portunities for meaningful teacher leadership 

11 and for building the capacity of teachers. 

12 ‘‘(J) An assurance that the local edu13 cational agency will comply with section 9501 

14 (regarding participation by private school chil15 dren and teachers). 

16 ‘‘(K) An assurance that the local edu17 cational agency will coordinate professional de18 velopment activities authorized under this part 

19 with professional development activities pro20 vided through other Federal, State, and local 

21 programs. 

22 ‘‘SEC. 2103. LOCAL USE OF FUNDS. 

23 ‘‘(a) IN GENERAL.—A local educational agency that 

24 receives a subgrant under section 2102 shall use the funds 

25 made available through the subgrant to develop, imple-
346 

†S 1177 ES

1 ment, and evaluate comprehensive, evidence-based pro2 grams and activities described in subsection (b), which 

3 may be carried out through a grant or contract with a 

4 for-profit or nonprofit entity, in partnership with an insti5 tution of higher education, or in partnership with an In6 dian tribe or tribal organization (as defined under section 

7 4 of the Indian Self-Determination and Education Assist8 ance Act (25 U.S.C. 450b)). 

9 ‘‘(b) TYPES OF ACTIVITIES.—The activities described 

10 in this subsection— 

11 ‘‘(1) shall meet the needs identified in the needs 

12 assessment described in section 2102(b)(2); 

13 ‘‘(2) shall be in accordance with the purpose of 

14 this title, evidence-based, and consistent with the 

15 principles of effectiveness described in subsection 

16 (c); 

17 ‘‘(3) shall address the learning needs of all stu18 dents, including children with disabilities, English 

19 learners, and gifted and talented students; and 

20 ‘‘(4) may include, among other programs and 

21 activities— 

22 ‘‘(A) developing or improving a rigorous, 

23 transparent, and fair evaluation and support 

24 system for teachers, principals, and other school 

25 leaders that is based in part on evidence of stu-
347 

†S 1177 ES

1 dent achievement, which may include student 

2 growth, and shall include multiple measures of 

3 educator performance and provide clear, timely, 

4 and useful feedback to teachers, principals, and 

5 other schools leaders; 

6 ‘‘(B) developing and implementing initia7 tives to assist in recruiting, hiring, and retain8 ing highly effective teachers, principals, and 

9 other school leaders, particularly in low-income 

10 schools with high percentages of ineffective 

11 teachers and high percentages of students who 

12 do not meet the challenging State academic 

13 standards described in section 1111(b)(1), to 

14 improve within-district equity in the distribu15 tion of teachers, principals, and school leaders 

16 consistent with the requirements of section 

17 1111(c)(1)(F), such as initiatives that pro18 vide— 

19 ‘‘(i) expert help in screening can20 didates and enabling early hiring; 

21 ‘‘(ii) differential and incentive pay for 

22 teachers, principals, and other school lead23 ers in high-need academic subject areas 

24 and specialty areas, which may include 

25 performance-based pay systems; 
348 

†S 1177 ES

1 ‘‘(iii) teacher, paraprofessional, prin2 cipal, and other school leader advancement 

3 and professional growth, and an emphasis 

4 on leadership opportunities, multiple career 

5 paths and pay differentiation; 

6 ‘‘(iv) new teacher, principal, and other 

7 school leader induction and mentoring pro8 grams that are designed to— 

9 ‘‘(I) improve classroom instruc10 tion and student learning and achieve11 ment; 

12 ‘‘(II) increase the retention of ef13 fective teachers, principals, and other 

14 school leaders; 

15 ‘‘(III) improve school leadership 

16 to improve classroom instruction and 

17 student learning and achievement; 

18 and 

19 ‘‘(IV) provide opportunities for 

20 mentor teachers, principals, and other 

21 educators who are experienced, are ef22 fective, and have demonstrated an 

23 ability to work with adult learners; 

24 ‘‘(v) the development and provision of 

25 training for school leaders, coaches, men-
349 

†S 1177 ES

1 tors and evaluators on how to accurately 

2 differentiate performance, provide useful 

3 feedback, and use evaluation results to in4 form decisionmaking about professional de5 velopment, improvement strategies, and 

6 personnel decisions; and 

7 ‘‘(vi) a system for auditing the quality 

8 of evaluation and support systems; 

9 ‘‘(C) recruiting qualified individuals from 

10 other fields to become teachers, principals, or 

11 other school leaders including mid-career pro12 fessionals from other occupations, former mili13 tary personnel, and recent graduates of institu14 tions of higher education with a record of aca15 demic distinction who demonstrate potential to 

16 become effective teachers, principals, or other 

17 school leaders; 

18 ‘‘(D) reducing class size to an evidence19 based level to improve student achievement 

20 through the recruiting and hiring of additional 

21 effective teachers; 

22 ‘‘(E) providing high-quality, personalized 

23 professional development for teachers, instruc24 tional leadership teams, principals, and other 

25 school leaders, focused on improving teaching 
350 

†S 1177 ES

1 and student learning and achievement, includ2 ing supporting efforts to train teachers, prin3 cipals, and other school leaders to— 

4 ‘‘(i) effectively integrate technology 

5 into curricula and instruction (including 

6 education about the harms of copyright pi7 racy); 

8 ‘‘(ii) use data from such technology to 

9 improve student achievement; 

10 ‘‘(iii) effectively engage parents, fami11 lies and community partners, and coordi12 nate services between school and commu13 nity; 

14 ‘‘(iv) help all students develop the 

15 academic and nonacademic skills essential 

16 for learning readiness and academic suc17 cess; and 

18 ‘‘(v) develop policy with school, local 

19 educational agency, community, or State 

20 leaders; 

21 ‘‘(F) developing programs and activities 

22 that increase the ability of teachers to effec23 tively teach children with disabilities, including 

24 children with significant cognitive disabilities, 

25 which may include the use of multi-tier systems 
351 

†S 1177 ES

1 of support and positive behavioral intervention 

2 and supports, and students who are English 

3 learners, so that such children with disabilities 

4 and students who are English learners can meet 

5 the challenging State academic standards de6 scribed in section 1111(b)(1); 

7 ‘‘(G) providing programs and activities to 

8 increase— 

9 ‘‘(i) the knowledge base of teachers, 

10 principals, and other school leaders on in11 struction in the early grades and on strate12 gies to measure whether young children 

13 are progressing; and 

14 ‘‘(ii) the ability of principals and other 

15 school leaders to support teachers, teacher 

16 leaders, early childhood educators, and 

17 other professionals to meet the needs of 

18 students through age 8, which may include 

19 providing joint professional learning and 

20 planning activities for school staff and edu21 cators in preschool programs that address 

22 the transition to elementary school; 

23 ‘‘(H) providing training, technical assist24 ance, and capacity-building in local educational 

25 agencies to assist teachers and school leaders 
352 

†S 1177 ES

1 with selecting and implementing formative as2 sessments, designing classroom-based assess3 ments, and using data from such assessments 

4 to improve instruction and student academic 

5 achievement, which may include providing addi6 tional time for teachers to review student data 

7 and respond, as appropriate; 

8 ‘‘(I) supporting teacher, principal, and 

9 school leader residency programs; 

10 ‘‘(J) reforming or improving teacher, prin11 cipal, and other school leader preparation pro12 grams; 

13 ‘‘(K) carrying out in-service training for 

14 school personnel in— 

15 ‘‘(i) the techniques and supports need16 ed for early identification of children with 

17 trauma histories, and children with, or at 

18 risk of, mental illness; 

19 ‘‘(ii) the use of referral mechanisms 

20 that effectively link such children to appro21 priate treatment and intervention services 

22 in the school and in the community, where 

23 appropriate; and 

24 ‘‘(iii) forming partnerships between 

25 school-based mental health programs and 
353 

†S 1177 ES

1 public or private mental health organiza2 tions; 

3 ‘‘(L) providing training to support the 

4 identification of students who are gifted and 

5 talented, including high-ability students who 

6 have not been formally identified for gifted edu7 cation services, and implementing instructional 

8 practices that support the education of such 

9 students, such as— 

10 ‘‘(i) early entrance to kindergarten; 

11 ‘‘(ii) enrichment, acceleration, and 

12 curriculum compacting activities; and 

13 ‘‘(iii) dual or concurrent enrollment in 

14 secondary school and postsecondary edu15 cation; 

16 ‘‘(M) supporting the instructional services 

17 provided by effective school library programs; 

18 ‘‘(N) providing general liability insurance 

19 coverage for teachers related to actions per20 formed in the scope of their duties; 

21 ‘‘(O) providing training for all school per22 sonnel, including teachers, principals, other 

23 school leaders, specialized instructional support 

24 personnel, and paraprofessionals, regarding how 

25 to prevent and recognize child sexual abuse; 
354 

†S 1177 ES

1 ‘‘(P) developing and providing professional 

2 development and instructional materials for 

3 science, technology, engineering, and mathe4 matics subjects, including computer science; 

5 ‘‘(Q) providing training for teachers, prin6 cipals, and other school leaders to address 

7 school climate issues such as school violence, 

8 bullying, harassment, drug and alcohol use and 

9 abuse, and rates of chronic absenteeism (includ10 ing both excused and unexcused absences); 

11 ‘‘(R) increasing time for common planning, 

12 within and across content areas and grade lev13 els; 

14 ‘‘(S) increasing opportunities for teacher15 designed and implemented professional develop16 ment activities, which may include opportunities 

17 for experiential learning through observation; 

18 ‘‘(T) developing feedback mechanisms to 

19 improve school working conditions; 

20 ‘‘(U) providing high-quality professional 

21 development for teachers, principals, and other 

22 school leaders on effective strategies to inte23 grate rigorous academic content, career and 

24 technical education, and work-based learning, if 

25 appropriate, which may include providing com-
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1 mon planning time, to help prepare students for 

2 postsecondary education and the workforce 

3 without the need for remediation; 

4 ‘‘(V) providing educator training to in5 crease students’ entrepreneurship skills; and 

6 ‘‘(W) regularly conducting, and publicly re7 porting the results of, an assessment and a plan 

8 to address such results, of educator support and 

9 working conditions that— 

10 ‘‘(i) evaluates supports for teachers, 

11 leaders, and other school personnel, such 

12 as— 

13 ‘‘(I) teacher and principal percep14 tions of availability of high-quality 

15 professional development and instruc16 tional materials; 

17 ‘‘(II) timely availability of data 

18 on student academic achievement and 

19 growth; 

20 ‘‘(III) the presence of high-qual21 ity instructional leadership; and 

22 ‘‘(IV) opportunities for profes23 sional growth, such as career ladders 

24 and mentoring and induction pro25 grams; 
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1 ‘‘(ii) evaluates working conditions for 

2 teachers, leaders and other school per3 sonnel, such as— 

4 ‘‘(I) school safety and climate; 

5 ‘‘(II) availability and use of com6 mon planning time and opportunities 

7 to collaborate; and 

8 ‘‘(III) community engagement; 

9 and 

10 ‘‘(iii) is developed with teachers, lead11 ers, other school personnel, parents, stu12 dents, and the community; and 

13 ‘‘(X) carrying out other evidence-based ac14 tivities identified by the local educational agen15 cy that meet the purpose of this title. 

16 ‘‘(c) PRINCIPLES OF EFFECTIVENESS.— 

17 ‘‘(1) IN GENERAL.—For a program or activity 

18 supported with funds provided under this part to 

19 meet principles of effectiveness, such program or ac20 tivity shall— 

21 ‘‘(A) be based on an assessment of objec22 tive data regarding the need for programs and 

23 activities in the schools to be served to— 

24 ‘‘(i) increase the number of teachers, 

25 principals, and other school leaders who 
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1 are effective in improving student academic 

2 achievement; 

3 ‘‘(ii) ensure that low-income and mi4 nority students are served by effective 

5 teachers, principals, and other school lead6 ers; and 

7 ‘‘(iii) ensure that low-income and mi8 nority students have access to a high-qual9 ity instructional program; 

10 ‘‘(B) be based on established and evidence11 based criteria— 

12 ‘‘(i) aimed at ensuring that all stu13 dents receive a high-quality education 

14 taught by effective teachers and attend 

15 schools led by effective principals and other 

16 school leaders; and 

17 ‘‘(ii) that result in improved student 

18 academic achievement in the school served 

19 by the program or activity; and 

20 ‘‘(C) include meaningful and ongoing con21 sultation with and input from teachers, teacher 

22 organizations, principals, other school leaders, 

23 specialized instructional support personnel, par24 ents, community partners, and (where applica25 ble) institutions of higher education, in the de-
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1 velopment of the application and administration 

2 of the program or activity. 

3 ‘‘(2) PERIODIC EVALUATION.— 

4 ‘‘(A) IN GENERAL.—A program or activity 

5 carried out under this section shall undergo a 

6 periodic evaluation to assess its progress toward 

7 achieving the goal of providing students with a 

8 high-quality education, taught by effective 

9 teachers, in schools led by effective principals 

10 and school leaders that results in improved stu11 dent academic achievement. 

12 ‘‘(B) USE OF RESULTS.—The results of an 

13 evaluation described in subparagraph (A) shall 

14 be— 

15 ‘‘(i) used to refine, improve, and 

16 strengthen the program or activity, and to 

17 refine the criteria described in paragraph 

18 (1)(B); and 

19 ‘‘(ii) made available to the public upon 

20 request, with public notice of such avail21 ability provided. 

22 ‘‘(3) PROHIBITION.—Nothing in this subsection 

23 shall be construed to authorize the Secretary or any 

24 other officer or employee of the Federal Government 

25 to mandate, direct, or control the principles of effec-
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1 tiveness developed by local educational agencies 

2 under paragraph (1) or the specific programs or ac3 tivities that will be implemented by a local edu4 cational agency. 

5 ‘‘SEC. 2104. REPORTING. 

6 ‘‘(a) STATE REPORT.—Each State educational agen7 cy receiving funds under this part shall annually submit 

8 to the Secretary a report that provides— 

9 ‘‘(1) the number and percentage of teachers, 

10 principals, and other school leaders in the State and 

11 each local educational agency in the State who are 

12 licensed or certified, provided such information does 

13 not reveal personally identifiable information; 

14 ‘‘(2) the first-time passing rate of teachers and 

15 principals in the State and each local educational 

16 agency in the State on teacher and principal licen17 sure examinations, provided such information does 

18 not reveal personally identifiable information; 

19 ‘‘(3) a description of how chosen professional 

20 development activities improved teacher and prin21 cipal performance; and 

22 ‘‘(4) if funds are used under this part to im23 prove equitable access to teachers, principals, and 

24 other school leaders for low-income and minority 
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1 students, a description of how funds have been used 

2 to improve such access. 

3 ‘‘(b) LOCAL EDUCATIONAL AGENCY REPORT.—Each 

4 local educational agency receiving funds under this part 

5 shall submit to the State educational agency such informa6 tion as the State requires, which shall include the informa7 tion described in subsection (a) for the local educational 

8 agency. 

9 ‘‘(c) AVAILABILITY.—The reports and information 

10 provided under subsections (a) and (b) shall be made read11 ily available to the public. 

12 ‘‘(d) LIMITATION.—The reports and information pro13 vided under subsections (a) and (b) shall not reveal per14 sonally identifiable information about any individual. 

15 ‘‘SEC. 2105. NATIONAL ACTIVITIES OF DEMONSTRATED EF16 FECTIVENESS. 

17 ‘‘(a) IN GENERAL.—From the funds appropriated 

18 under section 2003(b) to carry out this section, the Sec19 retary— 

20 ‘‘(1) shall reserve such funds as are necessary 

21 to carry out activities under subsection (b); 

22 ‘‘(2) shall reserve not less than 40 percent of 

23 the funds appropriated under such section to carry 

24 out activities under subsection (c); and 
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1 ‘‘(3) shall reserve not less than 40 percent of 

2 such funds to carry out activities under subsection 

3 (d). 

4 ‘‘(b) TECHNICAL ASSISTANCE AND NATIONAL EVAL5 UATION.—From the funds reserved by the Secretary 

6 under subsection (a)(1), the Secretary— 

7 ‘‘(1) shall establish, in a manner consistent 

8 with section 203 of the Educational Technical As9 sistance Act of 2002, a comprehensive center on stu10 dents at risk of not attaining full literacy skills due 

11 to a disability, which shall— 

12 ‘‘(A) identify or develop free or low-cost 

13 evidence-based assessment tools for identifying 

14 students at risk of not attaining full literacy 

15 skills due to a disability, including dyslexia im16 pacting reading and writing, or developmental 

17 delay impacting reading, writing, language 

18 processing, comprehension, or executive func19 tioning; 

20 ‘‘(B) identify evidence-based literacy in21 struction, strategies, and accommodations, in22 cluding assistive technology, designed to meet 

23 the specific needs of such students; 

24 ‘‘(C) provide families of such students with 

25 information to assist such students; 
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1 ‘‘(D) identify or develop evidence-based 

2 professional development for teachers, para3 professionals, principals, other school leaders, 

4 and specialized instructional support personnel 

5 to— 

6 ‘‘(i) understand early indicators of 

7 students at risk of not attaining full lit8 eracy skills due to a disability, including 

9 dyslexia impacting reading and writing, or 

10 developmental delay impacting reading, 

11 writing, language processing, comprehen12 sion, or executive functioning; 

13 ‘‘(ii) use evidence-based screening as14 sessments for early identification of such 

15 students beginning not later than kinder16 garten; and 

17 ‘‘(iii) implement evidence-based in18 struction designed to meet the specific 

19 needs of such students; and 

20 ‘‘(E) disseminate the products of the com21 prehensive center to regionally diverse State 

22 educational agencies, local educational agencies, 

23 regional educational agencies, and schools, in24 cluding, as appropriate, through partnerships 

25 with other comprehensive centers established 
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1 under section 203 of the Educational Technical 

2 Assistance Act of 2002 and regional educational 

3 laboratories established under section 174 of 

4 the Education Sciences Reform Act of 2002; 

5 and 

6 ‘‘(2) may— 

7 ‘‘(A) provide technical assistance, which 

8 may be carried out directly or through grants 

9 or contracts, to States and local educational 

10 agencies carrying out activities under this part; 

11 and 

12 ‘‘(B) carry out evaluations of activities by 

13 States and local educational agencies under this 

14 part, which shall be conducted by a third party 

15 or by the Institute of Education Sciences. 

16 ‘‘(c) PROGRAMS OF NATIONAL SIGNIFICANCE.— 

17 ‘‘(1) IN GENERAL.—From the funds reserved 

18 by the Secretary under subsection (a)(2), the Sec19 retary shall award grants, on a competitive basis, to 

20 eligible entities for the purposes of— 

21 ‘‘(A) providing teachers, principals, and 

22 other school leaders from nontraditional prepa23 ration and certification routes or pathways to 

24 serve in traditionally underserved local edu25 cational agencies; 
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1 ‘‘(B) providing evidence-based professional 

2 development activities that addresses literacy, 

3 numeracy, remedial, or other needs of local edu4 cational agencies and the students the agencies 

5 serve; 

6 ‘‘(C) providing teachers, principals, and 

7 other school leaders with professional develop8 ment activities that enhance or enable the pro9 vision of postsecondary coursework through 

10 dual or concurrent enrollment and early college 

11 high school settings across a local educational 

12 agency. 

13 ‘‘(D) making freely available services and 

14 learning opportunities to local educational agen15 cies, through partnerships and cooperative 

16 agreements or by making the services or oppor17 tunities publicly accessible through electronic 

18 means; or 

19 ‘‘(E) providing teachers, principals, and 

20 other school leaders with evidence-based profes21 sional enhancement activities, which may in22 clude activities that lead to an advanced creden23 tial. 

24 ‘‘(2) PROGRAM PERIODS AND DIVERSITY OF

25 PROJECTS.— 
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1 ‘‘(A) IN GENERAL.—A grant awarded by 

2 the Secretary to an eligible entity under this 

3 subsection shall be for a period of not more 

4 than 3 years. 

5 ‘‘(B) RENEWAL.—The Secretary may 

6 renew a grant awarded under this subsection 

7 for 1 additional 2-year period. 

8 ‘‘(C) DIVERSITY OF PROJECTS.—In award9 ing grants under this subsection, the Secretary 

10 shall ensure that, to the extent practicable, 

11 grants are distributed among eligible entities 

12 that will serve geographically diverse areas, in13 cluding urban, suburban, and rural areas. 

14 ‘‘(D) LIMITATION.—The Secretary shall 

15 not award more than 1 grant under this sub16 section to an eligible entity during a grant com17 petition. 

18 ‘‘(3) COST-SHARING.— 

19 ‘‘(A) IN GENERAL.—An eligible entity that 

20 receives a grant under this subsection shall pro21 vide, from non-Federal sources, not less than 

22 25 percent of the funds for the total cost for 

23 each year of activities carried out under this 

24 subsection. 
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1 ‘‘(B) ACCEPTABLE CONTRIBUTIONS.—An 

2 eligible entity that receives a grant under this 

3 subsection may meet the requirement of sub4 paragraph (A) by providing contributions in 

5 cash or in kind, fairly evaluated, including 

6 plant, equipment, and services. 

7 ‘‘(C) WAIVERS.—The Secretary may waive 

8 or modify the requirement of subparagraph (A) 

9 in cases of demonstrated financial hardship. 

10 ‘‘(4) APPLICATIONS.—In order to receive a 

11 grant under this subsection, an eligible entity shall 

12 submit an application to the Secretary at such time, 

13 in such manner, and containing such information as 

14 the Secretary may reasonably require. Such applica15 tion shall include, at a minimum, a certification that 

16 the services provided by an eligible entity under the 

17 grant to a local educational agency or to a school 

18 served by the local educational agency will not result 

19 in direct fees for participating students or parents. 

20 ‘‘(5) DEFINITION OF ELIGIBLE ENTITY.—In 

21 this subsection, the term ‘eligible entity’ means— 

22 ‘‘(A) an institution of higher education 

23 that provides course materials or resources that 

24 are evidence-based in increasing academic 
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1 achievement, graduation rates, or rates of post2 secondary education matriculation; 

3 ‘‘(B) a national nonprofit entity with a 

4 demonstrated record of raising student aca5 demic achievement, graduation rates, and rates 

6 of higher education attendance, matriculation, 

7 or completion, or of effectiveness in providing 

8 preparation and professional development ac9 tivities and programs for teachers, principals, 

10 and other school leaders; or 

11 ‘‘(C) a partnership consisting of— 

12 ‘‘(i) 1 or more entities described in 

13 subparagraph (A) or (B); and 

14 ‘‘(ii) a for-profit entity. 

15 ‘‘(d) SCHOOL LEADER RECRUITMENT AND SUPPORT

16 PROGRAMS.— 

17 ‘‘(1) IN GENERAL.—From the funds reserved 

18 by the Secretary under subsection (a)(3), the Sec19 retary shall award grants, on a competitive basis, to 

20 eligible entities to enable such entities to improve 

21 the recruitment, preparation, placement, support, 

22 and retention of effective principals and other school 

23 leaders in high-need schools, which may include— 

24 ‘‘(A) developing or implementing leader25 ship training programs designed to prepare and 
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1 support principals and other school leaders in 

2 high-need schools, including through new or al3 ternative pathways and school leader residency 

4 programs; 

5 ‘‘(B) developing or implementing programs 

6 or activities for recruiting, selecting, and devel7 oping aspiring or current principals and other 

8 school leaders to serve in high-need schools; 

9 ‘‘(C) developing or implementing programs 

10 for recruiting, developing, and placing school 

11 leaders to improve schools identified for inter12 vention and support under section 

13 1114(a)(1)(A), including through cohort-based 

14 activities that build effective instructional and 

15 school leadership teams and develop a school 

16 culture, design, instructional program, and pro17 fessional development program focused on im18 proving student learning; 

19 ‘‘(D) providing continuous professional de20 velopment for principals and other school lead21 ers in high-need schools; 

22 ‘‘(E) developing and disseminating infor23 mation on best practices and strategies for ef24 fective school leadership in high-need schools, 

25 such as training and supporting principals to 
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1 identify, develop, and maintain school leader2 ship teams using various leadership models; and 

3 ‘‘(F) other evidence-based programs or ac4 tivities described in section 2101(c)(3) or sec5 tion 2103(b)(4) focused on principals and other 

6 school leaders in high-need schools. 

7 ‘‘(2) PROGRAM PERIODS AND DIVERSITY OF

8 PROJECTS.— 

9 ‘‘(A) IN GENERAL.—A grant awarded by 

10 the Secretary to an eligible entity under this 

11 subsection shall be for a period of not more 

12 than 5 years. 

13 ‘‘(B) RENEWAL.—The Secretary may 

14 renew a grant awarded under this subsection 

15 for 1 additional 2-year period. 

16 ‘‘(C) DIVERSITY OF PROJECTS.—In award17 ing grants under this subsection, the Secretary 

18 shall ensure that, to the extent practicable, 

19 grants are distributed among eligible entities 

20 that will serve geographically diverse areas, in21 cluding urban, suburban, and rural areas. 

22 ‘‘(D) LIMITATION.—The Secretary shall 

23 not award more than 1 grant under this sub24 section to an eligible entity during a grant com25 petition. 
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1 ‘‘(3) COST-SHARING.— 

2 ‘‘(A) IN GENERAL.—An eligible entity that 

3 receives a grant under this subsection shall pro4 vide, from non-Federal sources, not less than 

5 25 percent of the funds for the total cost for 

6 each year of activities carried out under this 

7 subsection. 

8 ‘‘(B) ACCEPTABLE CONTRIBUTIONS.—An 

9 eligible entity that receives a grant under this 

10 subsection may meet the requirement of sub11 paragraph (A) by providing contributions in 

12 cash or in-kind, fairly evaluated, including 

13 plant, equipment, and services. 

14 ‘‘(C) WAIVERS.—The Secretary may waive 

15 or modify the requirement of subparagraph (A) 

16 in cases of demonstrated financial hardship. 

17 ‘‘(4) APPLICATIONS.—An eligible entity that de18 sires a grant under this subsection shall submit to 

19 the Secretary an application at such time, in such 

20 manner, and accompanied by such information as 

21 the Secretary may require. 

22 ‘‘(5) PRIORITY.—In awarding grants under this 

23 subsection, the Secretary shall give priority to an eli24 gible entity with a record of preparing or developing 

25 principals who— 
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1 ‘‘(A) have improved school-level student 

2 outcomes; 

3 ‘‘(B) have become principals in high-need 

4 schools; and 

5 ‘‘(C) remain principals in high-need schools 

6 for multiple years. 

7 ‘‘(6) DEFINITIONS.—In this subsection— 

8 ‘‘(A) the term ‘eligible entity’ means— 

9 ‘‘(i) a local educational agency, includ10 ing an educational service agency, that 

11 serves a high-need school or a consortium 

12 of such agencies; 

13 ‘‘(ii) a State educational agency or a 

14 consortium of such agencies; 

15 ‘‘(iii) a State educational agency in 

16 partnership with 1 or more local edu17 cational agencies or educational service 

18 agencies that serve a high-need school; or 

19 ‘‘(iv) an entity described in clause (i), 

20 (ii), or (iii) in partnership with 1 or more 

21 nonprofit organizations or institutions of 

22 higher education; and 

23 ‘‘(B) the term ‘high-need school’ means— 

24 ‘‘(i) an elementary school in which not 

25 less than 50 percent of the enrolled stu-
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1 dents are from families with incomes below 

2 the poverty line; or 

3 ‘‘(ii) a high school in which not less 

4 than 40 percent of the enrolled students 

5 are from families with incomes below the 

6 poverty line. 

7 ‘‘SEC. 2106. SUPPLEMENT, NOT SUPPLANT. 

8 ‘‘Funds made available under this part shall be used 

9 to supplement, and not supplant, non-Federal funds that 

10 would otherwise be used for activities authorized under 

11 this part. 

12 ‘‘PART B—TEACHER AND SCHOOL LEADER 

13 INCENTIVE PROGRAM 

14 ‘‘SEC. 2201. PURPOSES; DEFINITIONS. 

15 ‘‘(a) PURPOSES.—The purposes of this part are— 

16 ‘‘(1) to assist States, local educational agencies, 

17 and nonprofit organizations to develop, implement, 

18 improve, or expand comprehensive performance19 based compensation systems or human capital man20 agement systems for teachers, principals, and other 

21 school leaders (especially for teachers, principals, 

22 and other school leaders in high-need schools) who 

23 raise student academic achievement and close the 

24 achievement gap between high- and low-performing 

25 students; and 
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1 ‘‘(2) to study and review performance-based 

2 compensation systems or human capital manage3 ment systems for teachers, principals, and other 

4 school leaders to evaluate the effectiveness, fairness, 

5 quality, consistency, and reliability of the systems. 

6 ‘‘(b) DEFINITIONS.—In this part: 

7 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en8 tity’ means— 

9 ‘‘(A) a local educational agency, including 

10 a charter school that is a local educational 

11 agency, or a consortium of local educational 

12 agencies; 

13 ‘‘(B) a State educational agency or other 

14 State agency designated by the chief executive 

15 of a State to participate under this part; or 

16 ‘‘(C) a partnership consisting of— 

17 ‘‘(i) 1 or more agencies described in 

18 subparagraph (A) or (B); and 

19 ‘‘(ii) at least 1 nonprofit or for-profit 

20 entity. 

21 ‘‘(2) HIGH-NEED SCHOOL.—The term ‘high22 need school’ means a public elementary school or 

23 secondary school that is located in an area in which 

24 the percentage of students from families with in25 comes below the poverty line is 30 percent or more. 
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1 ‘‘(3) HUMAN CAPITAL MANAGEMENT SYSTEM.— 

2 The term ‘human capital management system’ 

3 means a system— 

4 ‘‘(A) by which a local educational agency 

5 makes and implements human capital decisions, 

6 such as decisions on preparation, recruitment, 

7 hiring, placement, retention, dismissal, com8 pensation, professional development, tenure, 

9 and promotion; and 

10 ‘‘(B) that includes a performance-based 

11 compensation system. 

12 ‘‘(4) PERFORMANCE-BASED COMPENSATION

13 SYSTEM.—The term ‘performance-based compensa14 tion system’ means a system of compensation for 

15 teachers, principals, and other school leaders that— 

16 ‘‘(A) differentiates levels of compensation 

17 based in part on measurable increases in stu18 dent academic achievement; and 

19 ‘‘(B) may include— 

20 ‘‘(i) differentiated levels of compensa21 tion, which may include bonus pay, on the 

22 basis of the employment responsibilities 

23 and success of effective teachers, prin24 cipals, and other school leaders in hard-to- 
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1 staff schools or high-need subject areas; 

2 and 

3 ‘‘(ii) recognition of the skills and 

4 knowledge of teachers, principals, and 

5 other school leaders as demonstrated 

6 through— 

7 ‘‘(I) successful fulfillment of ad8 ditional responsibilities or job func9 tions, such as teacher leadership roles; 

10 and 

11 ‘‘(II) evidence of professional 

12 achievement and mastery of content 

13 knowledge and superior teaching and 

14 leadership skills. 

15 ‘‘SEC. 2202. TEACHER AND SCHOOL LEADER INCENTIVE 

16 FUND GRANTS. 

17 ‘‘(a) GRANTS AUTHORIZED.—From the amounts ap18 propriated to carry out this part, the Secretary shall 

19 award grants, on a competitive basis, to eligible entities 

20 to enable the eligible entities to develop, implement, im21 prove, or expand performance-based compensation sys22 tems or human capital management systems, in schools 

23 served by the eligible entity. 

24 ‘‘(b) DURATION OF GRANTS.— 
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1 ‘‘(1) IN GENERAL.—A grant awarded under 

2 this part shall be for a period of not more than 3 

3 years. 

4 ‘‘(2) RENEWAL.—The Secretary may renew a 

5 grant awarded under this part for a period of up to 

6 2 years if the grantee demonstrates to the Secretary 

7 that the grantee is effectively utilizing funds. Such 

8 renewal may include allowing the grantee to scale up 

9 or replicate the successful program. 

10 ‘‘(3) LIMITATION.—A local educational agency 

11 may receive (whether individually or as part of a 

12 consortium or partnership) a grant under this part 

13 only twice, as of the date of enactment of the Every 

14 Child Achieves Act of 2015. 

15 ‘‘(c) APPLICATIONS.—An eligible entity desiring a 

16 grant under this part shall submit an application to the 

17 Secretary, at such time, in such manner, and containing 

18 such information as the Secretary may reasonably require. 

19 The application shall include— 

20 ‘‘(1) a description of the performance-based 

21 compensation system or human capital management 

22 system that the eligible entity proposes to develop, 

23 implement, improve, or expand through the grant; 

24 ‘‘(2) a description of the most pressing gaps or 

25 insufficiencies in student access to effective teachers 
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1 and school leaders in high-need schools, including 

2 gaps or inequities in how effective teachers and 

3 school leaders are distributed across the local edu4 cational agency, as identified using factors such as 

5 data on school resources, staffing patterns, school 

6 environment, educator support systems, and other 

7 school-level factors; 

8 ‘‘(3) a description and evidence of the support 

9 and commitment from teachers, principals, and 

10 other school leaders, which may include charter 

11 school leaders, in the school (including organizations 

12 representing teachers, principals, and other school 

13 leaders), the community, and the local educational 

14 agency to the activities proposed under the grant; 

15 ‘‘(4) a description of how the eligible entity will 

16 develop and implement a fair, rigorous, valid, reli17 able, and objective process to evaluate teacher, prin18 cipal, school leader, and student performance under 

19 the system that is based in part on measures of stu20 dent academic achievement, including the baseline 

21 performance against which evaluations of improved 

22 performance will be made; 

23 ‘‘(5) a description of the local educational agen24 cies or schools to be served under the grant, includ25 ing such student academic achievement, demo-
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1 graphic, and socioeconomic information as the Sec2 retary may request; 

3 ‘‘(6) a description of the quality of teachers, 

4 principals, and other school leaders in the local edu5 cational agency and the schools to be served under 

6 the grant and the extent to which the system will in7 crease the quality of teachers, principals, and other 

8 school leaders in a high-need school; 

9 ‘‘(7) a description of how the eligible entity will 

10 use grant funds under this part in each year of the 

11 grant, including a timeline for implementation of 

12 such activities; 

13 ‘‘(8) a description of how the eligible entity will 

14 continue the activities assisted under the grant after 

15 the grant period ends; 

16 ‘‘(9) a description of the State, local, or other 

17 public or private funds that will be used to supple18 ment the grant, including funds under part A, and 

19 sustain the activities assisted under the grant at the 

20 end of the grant period; 

21 ‘‘(10) a description of— 

22 ‘‘(A) the rationale for the project; 

23 ‘‘(B) how the proposed activities are evi24 dence-based; and 
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1 ‘‘(C) if applicable, the prior experience of 

2 the eligible entity in developing and imple3 menting such activities; and 

4 ‘‘(11) a description of how activities funded 

5 under this part will be evaluated, monitored, and 

6 publically reported. 

7 ‘‘(d) AWARD BASIS.— 

8 ‘‘(1) PRIORITY.—In awarding a grant under 

9 this part, the Secretary shall give priority to an eli10 gible entity that concentrates the activities proposed 

11 to be assisted under the grant on teachers, prin12 cipals, and other school leaders serving in high-need 

13 schools. 

14 ‘‘(2) EQUITABLE DISTRIBUTION.—To the ex15 tent practicable, the Secretary shall ensure an equi16 table geographic distribution of grants under this 

17 part, including the distribution of such grants be18 tween rural and urban areas. 

19 ‘‘(e) USE OF FUNDS.— 

20 ‘‘(1) IN GENERAL.—An eligible entity that re21 ceives a grant under this part shall use the grant 

22 funds to develop, implement, improve, or expand, in 

23 collaboration with teachers, principals, other school 

24 leaders, and members of the public, a performance- 
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1 based compensation system or human capital man2 agement system consistent with this part. 

3 ‘‘(2) AUTHORIZED ACTIVITIES.—Grant funds 

4 under this part may be used for the following: 

5 ‘‘(A) Developing or improving an evalua6 tion and support system, including as part of a 

7 human capital management system as applica8 ble, that— 

9 ‘‘(i) reflects clear and fair measures of 

10 teacher, principal, and other school leader 

11 performance, based in part on dem12 onstrated improvement in student aca13 demic achievement; and 

14 ‘‘(ii) provides teachers, principals, and 

15 other school leaders with ongoing, differen16 tiated, targeted, and personalized support 

17 and feedback for improvement, including 

18 professional development opportunities de19 signed to increase effectiveness. 

20 ‘‘(B) Conducting outreach within a local 

21 educational agency or a State to gain input on 

22 how to construct an evaluation system described 

23 in subparagraph (A) and to develop support for 

24 the evaluation system, including by training ap25 propriate personnel in how to observe and 
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1 evaluate teachers, principals, and other school 

2 leaders. 

3 ‘‘(C) Providing principals and other school 

4 leaders with— 

5 ‘‘(i) balanced autonomy to make 

6 budgeting, scheduling, and other school7 level decisions in a manner that meets the 

8 needs of the school without compromising 

9 the intent or essential components of the 

10 policies of the local educational agency or 

11 State; and 

12 ‘‘(ii) authority to make staffing deci13 sions that meet the needs of the school, 

14 such as building an instructional leader15 ship team that includes teacher leaders or 

16 offering opportunities for teams or pairs of 

17 effective teachers or candidates to teach or 

18 start teaching in high-need schools to19 gether. 

20 ‘‘(D) Implementing, as part of a com21 prehensive performance-based compensation 

22 system, a differentiated salary structure, which 

23 may include bonuses and stipends, to— 

24 ‘‘(i) teachers who— 
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1 ‘‘(I)(aa) teach in high-need 

2 schools; or 

3 ‘‘(bb) teach in high-need subjects; 

4 ‘‘(II) raise student academic 

5 achievement; or 

6 ‘‘(III) take on additional leader7 ship responsibilities; or 

8 ‘‘(ii) principals and other school lead9 ers who serve in high-need schools and 

10 raise student academic achievement in the 

11 schools. 

12 ‘‘(E) Improving the local educational agen13 cy’s system and process for the recruitment, se14 lection, placement, and retention of effective 

15 teachers and school leaders in high-need 

16 schools, such as by improving local educational 

17 agency policies and procedures to ensure that 

18 high-need schools are competitive and timely 

19 in— 

20 ‘‘(i) attracting, hiring, and retaining 

21 effective educators; 

22 ‘‘(ii) offering bonuses or higher sala23 ries to effective teachers; or 

24 ‘‘(iii) establishing or strengthening 

25 residency programs. 
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1 ‘‘(F) Instituting career advancement op2 portunities characterized by increased responsi3 bility and pay that reward and recognize effec4 tive teachers and school leaders in high-need 

5 schools and enable them to expand their leader6 ship and results, such as through teacher-led 

7 professional development, mentoring, coaching, 

8 hybrid roles, administrative duties, and career 

9 ladders. 

10 ‘‘(f) MATCHING REQUIREMENT.—Each eligible entity 

11 that receives a grant under this part shall provide, from 

12 non-Federal sources, an amount equal to 50 percent of 

13 the amount of the grant (which may be provided in cash 

14 or in-kind) to carry out the activities supported by the 

15 grant. 

16 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

17 provided under this part shall be used to supplement, not 

18 supplant, other Federal or State funds available to carry 

19 out activities described in this part. 

20 ‘‘SEC. 2203. REPORTS. 

21 ‘‘(a) ACTIVITIES SUMMARY.—Each eligible entity re22 ceiving a grant under this part shall provide to the Sec23 retary a summary of the activities assisted under the 

24 grant. 
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1 ‘‘(b) REPORT.—The Secretary shall provide to Con2 gress an annual report on the implementation of the pro3 gram carried out under this part, including— 

4 ‘‘(1) information on eligible entities that re5 ceived grant funds under this part, including— 

6 ‘‘(A) information provided by eligible enti7 ties to the Secretary in the applications sub8 mitted under section 2202(c); 

9 ‘‘(B) the summaries received under sub10 section (a); and 

11 ‘‘(C) grant award amounts; and 

12 ‘‘(2) student academic achievement and, as ap13 plicable, growth data from the schools participating 

14 in the programs supported under the grant. 

15 ‘‘(c) EVALUATION AND TECHNICAL ASSISTANCE.— 

16 ‘‘(1) RESERVATION OF FUNDS.—Of the total 

17 amount reserved under section 2003(c) for this part 

18 for a fiscal year, the Secretary may reserve for such 

19 fiscal year not more than 1 percent for the cost of 

20 the evaluation under paragraph (2) and for technical 

21 assistance in carrying out this part. 

22 ‘‘(2) EVALUATION.—From amounts reserved 

23 under paragraph (1), the Secretary, acting through 

24 the Director of the Institute of Education Sciences, 

25 shall carry out an independent evaluation to meas-
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1 ure the effectiveness of the program assisted under 

2 this part. 

3 ‘‘(3) CONTENTS.—The evaluation under para4 graph (2) shall measure— 

5 ‘‘(A) the effectiveness of the program in 

6 improving student academic achievement; 

7 ‘‘(B) the satisfaction of the participating 

8 teachers, principals, and other school leaders; 

9 and 

10 ‘‘(C) the extent to which the program as11 sisted the eligible entities in recruiting and re12 taining high-quality teachers, principals, and 

13 other school leaders, especially in high-need 

14 subject areas.’’. 

15 SEC. 2003. AMERICAN HISTORY AND CIVICS EDUCATION. 

16 Title II (20 U.S.C. 6601 et seq.), as amended by sec17 tion 2002, is further amended by adding at the end the 

18 following: 

19 ‘‘PART C—AMERICAN HISTORY AND CIVICS 

20 EDUCATION 

21 ‘‘SEC. 2301. PROGRAM AUTHORIZED. 

22 ‘‘(a) IN GENERAL.—From amounts appropriated to 

23 carry out this part, the Secretary is authorized to carry 

24 out an American history and civics education program to 

25 improve— 
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1 ‘‘(1) the quality of American history, civics, and 

2 government education by educating students about 

3 the history and principles of the Constitution of the 

4 United States, including the Bill of Rights; and 

5 ‘‘(2) the quality of the teaching of American 

6 history, civics, and government in elementary schools 

7 and secondary schools, including the teaching of tra8 ditional American history. 

9 ‘‘(b) FUNDING ALLOTMENT.—From amounts made 

10 available under section 2305 for a fiscal year, the Sec11 retary shall— 

12 ‘‘(1) use not less than 85 percent for activities 

13 under section 2302; 

14 ‘‘(2) use not less than 10 percent for activities 

15 under section 2303; and 

16 ‘‘(3) use not more than 5 percent for activities 

17 under section 2304. 

18 ‘‘SEC. 2302. TEACHING OF TRADITIONAL AMERICAN HIS19 TORY. 

20 ‘‘(a) IN GENERAL.—From the amounts reserved by 

21 the Secretary under section 2301(b)(1), the Secretary 

22 shall award grants, on a competitive basis, to local edu23 cational agencies— 

24 ‘‘(1) to carry out activities to promote the 

25 teaching of traditional American history in elemen-
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1 tary schools and secondary schools as a separate 

2 academic subject (not as a component of social stud3 ies); and 

4 ‘‘(2) for the development, implementation, and 

5 strengthening of programs to teach traditional 

6 American history as a separate academic subject 

7 (not as a component of social studies) within ele8 mentary school and secondary school curricula, in9 cluding the implementation of activities— 

10 ‘‘(A) to improve the quality of instruction; 

11 and 

12 ‘‘(B) to provide professional development 

13 and teacher education activities with respect to 

14 American history. 

15 ‘‘(b) REQUIRED PARTNERSHIP.—A local educational 

16 agency that receives a grant under subsection (a) shall 

17 carry out activities under the grant in partnership with 

18 1 or more of the following: 

19 ‘‘(1) An institution of higher education. 

20 ‘‘(2) A nonprofit history or humanities organi21 zation. 

22 ‘‘(3) A library or museum. 

23 ‘‘(c) APPLICATION.—To be eligible to receive a grant 

24 under this section, a local educational agency shall submit 

25 an application to the Secretary at such time, in such man-
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1 ner, and containing such information as the Secretary may 

2 reasonably require. 

3 ‘‘(d) GRANT TERMS.—Grants awarded under sub4 section (a) shall be for a term of not more than 5 years. 

5 ‘‘SEC. 2303. PRESIDENTIAL AND CONGRESSIONAL ACAD6 EMIES FOR AMERICAN HISTORY AND CIVICS. 

7 ‘‘(a) IN GENERAL.—From the amounts reserved 

8 under section 2301(b)(2), the Secretary shall award not 

9 more than 12 grants, on a competitive basis, to— 

10 ‘‘(1) eligible entities to establish Presidential 

11 Academies for the Teaching of American History 

12 and Civics (in this section referred to as the ‘Presi13 dential Academies’) in accordance with subsection 

14 (e); and 

15 ‘‘(2) eligible entities to establish Congressional 

16 Academies for Students of American History and 

17 Civics (in this section referred to as the ‘Congres18 sional Academies’) in accordance with subsection (f). 

19 ‘‘(b) APPLICATION.—An eligible entity that desires to 

20 receive a grant under subsection (a) shall submit an appli21 cation to the Secretary at such time, in such manner, and 

22 containing such information as the Secretary may reason23 ably require. 

24 ‘‘(c) ELIGIBLE ENTITY.—The term ‘eligible entity’ 

25 under this section means— 
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1 ‘‘(1) an institution of higher education or non2 profit educational organization, museum, library, or 

3 research center with demonstrated expertise in his4 torical methodology or the teaching of American his5 tory and civics; or 

6 ‘‘(2) a consortium of entities described in para7 graph (1). 

8 ‘‘(d) GRANT TERMS.—Grants awarded to eligible en9 tities under subsection (a) shall be for a term of not more 

10 than 5 years. 

11 ‘‘(e) PRESIDENTIAL ACADEMIES.— 

12 ‘‘(1) USE OF FUNDS.—Each eligible entity that 

13 receives a grant under subsection (a)(1) shall use 

14 the grant funds to establish a Presidential Academy 

15 that offers a seminar or institute for teachers of 

16 American history and civics, which— 

17 ‘‘(A) provides intensive professional devel18 opment opportunities for teachers of American 

19 history and civics to strengthen such teachers’ 

20 knowledge of the subjects of American history 

21 and civics; 

22 ‘‘(B) is led by a team of primary scholars 

23 and core teachers who are accomplished in the 

24 field of American history and civics; 
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1 ‘‘(C) is conducted during the summer or 

2 other appropriate time; and 

3 ‘‘(D) is of not less than 2 weeks and not 

4 more than 6 weeks in duration. 

5 ‘‘(2) SELECTION OF TEACHERS.—Each year, 

6 each Presidential Academy shall select between 50 

7 and 300 teachers of American history and civics 

8 from public or private elementary schools and sec9 ondary schools to attend the seminar or institute 

10 under paragraph (1). 

11 ‘‘(3) TEACHER STIPENDS.—Each teacher se12 lected to participate in a seminar or institute under 

13 this subsection shall be awarded a fixed stipend 

14 based on the length of the seminar or institute to 

15 ensure that such teacher does not incur personal 

16 costs associated with the teacher’s participation in 

17 the seminar or institute. 

18 ‘‘(4) PRIORITY.—In awarding grants under this 

19 subsection, the Secretary shall give priority to eligi20 ble entities that coordinate or align their activities 

21 with the National Park Service National Centennial 

22 Parks initiative to develop innovative and com23 prehensive programs using the resources of the Na24 tional Parks. 

25 ‘‘(f) CONGRESSIONAL ACADEMIES.— 
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1 ‘‘(1) USE OF FUNDS.—Each eligible entity that 

2 receives a grant under subsection (a)(2) shall use 

3 the grant funds to establish a Congressional Acad4 emy that offers a seminar or institute for out5 standing students of American history and civics, 

6 which— 

7 ‘‘(A) broadens and deepens such students’ 

8 understanding of American history and civics; 

9 ‘‘(B) is led by a team of primary scholars 

10 and core teachers who are accomplished in the 

11 field of American history and civics; 

12 ‘‘(C) is conducted during the summer or 

13 other appropriate time; and 

14 ‘‘(D) is of not less than 2 weeks and not 

15 more than 6 weeks in duration. 

16 ‘‘(2) SELECTION OF STUDENTS.— 

17 ‘‘(A) IN GENERAL.—Each year, each Con18 gressional Academy shall select between 100 

19 and 300 eligible students to attend the seminar 

20 or institute under paragraph (1). 

21 ‘‘(B) ELIGIBLE STUDENTS.—A student 

22 shall be eligible to attend a seminar or institute 

23 offered by a Congressional Academy under this 

24 subsection if the student— 
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1 ‘‘(i) is recommended by the student’s 

2 secondary school principal or other school 

3 leader to attend the seminar or institute; 

4 and 

5 ‘‘(ii) will be a junior or senior in the 

6 academic year following attendance at the 

7 seminar or institute. 

8 ‘‘(3) STUDENT STIPENDS.—Each student se9 lected to participate in a seminar or institute under 

10 this subsection shall be awarded a fixed stipend 

11 based on the length of the seminar or institute to 

12 ensure that such student does not incur personal 

13 costs associated with the student’s participation in 

14 the seminar or institute. 

15 ‘‘(g) MATCHING FUNDS.— 

16 ‘‘(1) IN GENERAL.—An eligible entity that re17 ceives funds under subsection (a) shall provide, to18 ward the cost of the activities assisted under the 

19 grant, from non-Federal sources, an amount equal 

20 to 100 percent of the amount of the grant. 

21 ‘‘(2) WAIVER.—The Secretary may waive all or 

22 part of the matching requirement described in para23 graph (1) for any fiscal year for an eligible entity if 

24 the Secretary determines that applying the matching 

25 requirement would result in serious hardship or an 
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1 inability to carry out the activities described in sub2 section (e) or (f). 

3 ‘‘SEC. 2304. NATIONAL ACTIVITIES. 

4 ‘‘(a) PURPOSE.—The purpose of this section is to 

5 promote new and existing evidence-based strategies to en6 courage innovative American history, civics and govern7 ment, and geography instruction, learning strategies, and 

8 professional development activities and programs for 

9 teachers, principals, and other school leaders, particularly 

10 such instruction, strategies, activities, and programs that 

11 benefit low-income students and underserved populations. 

12 ‘‘(b) IN GENERAL.—From the funds reserved by the 

13 Secretary under section 2301(b)(3), the Secretary shall 

14 award grants, on a competitive basis, to eligible entities 

15 for the purposes of— 

16 ‘‘(1) expanding, developing, implementing, eval17 uating, and disseminating for voluntary use, innova18 tive, evidenced-based approaches or professional de19 velopment programs in American history, civics and 

20 government, and geography, which may include— 

21 ‘‘(A) hands-on civic engagement activities 

22 for teachers and low-income students; and 

23 ‘‘(B) programs that educate students 

24 about the history and principles of the Con25 stitution of the United States, including the Bill 
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1 of Rights and that demonstrate scalability, ac2 countability, and a focus on underserved popu3 lations; and 

4 ‘‘(2) developing other innovative approaches 

5 that— 

6 ‘‘(A) improve the quality of student 

7 achievement in, and teaching of, American his8 tory, civics and government, and geography, in 

9 elementary schools and secondary schools; and 

10 ‘‘(B) demonstrate innovation, scalability, 

11 accountability, and a focus on underserved pop12 ulations. 

13 ‘‘(c) PROGRAM PERIODS AND DIVERSITY OF

14 PROJECTS.— 

15 ‘‘(1) IN GENERAL.—A grant awarded by the 

16 Secretary to an eligible entity under this section 

17 shall be for a period of not more than 3 years. 

18 ‘‘(2) RENEWAL.—The Secretary may renew a 

19 grant awarded under this section for 1 additional 2- 

20 year period. 

21 ‘‘(3) DIVERSITY OF PROJECTS.—In awarding 

22 grants under this section, the Secretary shall ensure 

23 that, to the extent practicable, grants are distributed 

24 among eligible entities that will serve geographically 
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1 diverse areas, including urban, suburban, and rural 

2 areas. 

3 ‘‘(d) APPLICATIONS.—In order to receive a grant 

4 under this section, an eligible entity shall submit an appli5 cation to the Secretary at such time, in such manner, and 

6 containing such information as the Secretary may reason7 ably require. 

8 ‘‘(e) ELIGIBLE ENTITY.—In this section, the term 

9 ‘eligible entity’ means an institution of higher education 

10 or other nonprofit or for-profit organization with dem11 onstrated expertise in the development of evidence-based 

12 approaches for improving the quality of American history, 

13 geography, and civics learning and teaching. 

14 ‘‘SEC. 2305. AUTHORIZATION OF APPROPRIATIONS. 

15 ‘‘There are authorized to be appropriated to carry out 

16 this part such sums as may be necessary for fiscal years 

17 2016 through 2021.’’. 

18 SEC. 2004. LITERACY EDUCATION. 

19 Title II (20 U.S.C. 6601 et seq.), as amended by sec20 tions 2001 through 2003, is further amended by adding 

21 at the end the following: 

22 ‘‘PART D—LITERACY EDUCATION FOR ALL, 

23 RESULTS FOR THE NATION 

24 ‘‘SEC. 2401. PURPOSES; DEFINITIONS. 

25 ‘‘(a) PURPOSES.—The purposes of this part are— 
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1 ‘‘(1) to improve student academic achievement 

2 in reading and writing by providing Federal support 

3 to States to develop, revise, or update comprehensive 

4 literacy instruction plans that, when implemented, 

5 ensure high-quality instruction and effective strate6 gies in reading and writing from early education 

7 through grade 12; and 

8 ‘‘(2) for States to provide targeted subgrants to 

9 State-designated early childhood education programs 

10 and local educational agencies and their public or 

11 private partners to implement evidenced-based pro12 grams that ensure high-quality comprehensive lit13 eracy instruction for students most in need. 

14 ‘‘(b) DEFINITIONS.—In this part: 

15 ‘‘(1) COMPREHENSIVE LITERACY INSTRUC16 TION.—The term ‘comprehensive literacy instruc17 tion’ means instruction that— 

18 ‘‘(A) includes developmentally appropriate, 

19 contextually explicit, and systematic instruction, 

20 and frequent practice, in reading and writing 

21 across content areas; 

22 ‘‘(B) includes age-appropriate, explicit, sys23 tematic, and intentional instruction in phono24 logical awareness, phonic decoding, vocabulary, 
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1 language structure, reading fluency, and read2 ing comprehension; 

3 ‘‘(C) includes age-appropriate, explicit in4 struction in writing, including opportunities for 

5 children to write with clear purposes, with crit6 ical reasoning appropriate to the topic and pur7 pose, and with specific instruction and feedback 

8 from instructional staff; 

9 ‘‘(D) makes available and uses diverse, 

10 high-quality print materials that reflect the 

11 reading and development levels, and interests, 

12 of children; 

13 ‘‘(E) uses differentiated instructional ap14 proaches, including individual and small group 

15 instruction and discussion; 

16 ‘‘(F) provides opportunities for children to 

17 use language with peers and adults in order to 

18 develop language skills, including developing vo19 cabulary; 

20 ‘‘(G) includes frequent practice of reading 

21 and writing strategies; 

22 ‘‘(H) uses age-appropriate, valid, and reli23 able screening assessments, diagnostic assess24 ments, formative assessment processes, and 

25 summative assessments to identify a child’s 
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1 learning needs, to inform instruction, and to 

2 monitor the child’s progress and the effects of 

3 instruction; 

4 ‘‘(I) uses strategies to enhance children’s 

5 motivation to read and write and children’s en6 gagement in self-directed learning; 

7 ‘‘(J) incorporates the principles of uni8 versal design for learning; 

9 ‘‘(K) depends on teachers’ collaboration in 

10 planning, instruction, and assessing a child’s 

11 progress and on continuous professional learn12 ing; and 

13 ‘‘(L) links literacy instruction to the chal14 lenging State academic standards under section 

15 1111(b)(1), including the ability to navigate, 

16 understand, and write about, complex print and 

17 digital subject matter. 

18 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en19 tity’ means an entity that serves a high percentage 

20 of high-need schools and consists of— 

21 ‘‘(A) one or more local educational agen22 cies that— 

23 ‘‘(i) have the highest number or pro24 portion of children who are counted under 
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1 section 1124(c), in comparison to other 

2 local educational agencies in the State; 

3 ‘‘(ii) are among the local educational 

4 agencies in the State with the highest 

5 number or percentages of children reading 

6 or writing below grade level, based on the 

7 most currently available State academic as8 sessment data under section 1111(b)(2); or 

9 ‘‘(iii) serve a significant number or 

10 percentage of schools that are identified 

11 under section 1114(a)(1)(A); 

12 ‘‘(B) one or more State-designated early 

13 childhood education programs, which may in14 clude home-based literacy programs for pre15 school aged children, that have a demonstrated 

16 record of providing comprehensive literacy in17 struction for the age group such program pro18 poses to serve; or 

19 ‘‘(C) a local educational agency, described 

20 in subparagraph (A), or consortium of such 

21 local educational agencies, or a State-designated 

22 early childhood education program, which may 

23 include home-based literacy programs for pre24 school aged children, acting in partnership with 

25 1 or more public or private nonprofit organiza-
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1 tions or agencies (which may include State-des2 ignated early childhood education programs) 

3 that have a demonstrated record of effective4 ness in— 

5 ‘‘(i) improving literacy achievement of 

6 children, consistent with the purposes of 

7 their participation, from birth through 

8 grade 12; and 

9 ‘‘(ii) providing professional develop10 ment in comprehensive literacy instruction. 

11 ‘‘(3) HIGH-NEED SCHOOL.— 

12 ‘‘(A) IN GENERAL.—The term ‘high-need 

13 school’ means— 

14 ‘‘(i) an elementary school or middle 

15 school in which not less than 50 percent of 

16 the enrolled students are children from 

17 low-income families; or 

18 ‘‘(ii) a high school in which not less 

19 than 40 percent of the enrolled students 

20 are children from low-income families, 

21 which may be calculated using comparable 

22 data from the schools that feed into the 

23 high school. 
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1 ‘‘(B) LOW-INCOME FAMILY.—For purposes 

2 of subparagraph (A), the term ‘low-income fam3 ily’ means a family— 

4 ‘‘(i) in which the children are eligible 

5 for a free or reduced price lunch under the 

6 Richard B. Russell National School Lunch 

7 Act (42 U.S.C. 1751 et seq.); 

8 ‘‘(ii) receiving assistance under the 

9 program of block grants to States for tem10 porary assistance for needy families estab11 lished under part A of title IV of the So12 cial Security Act (42 U.S.C. 601 et seq.); 

13 or 

14 ‘‘(iii) in which the children are eligible 

15 to receive medical assistance under the 

16 Medicaid program under title XIX of the 

17 Social Security Act (42 U.S.C. 1396 et 

18 seq.). 

19 ‘‘SEC. 2402. COMPREHENSIVE LITERACY STATE DEVELOP20 MENT GRANTS. 

21 ‘‘(a) GRANTS AUTHORIZED.—From the amounts ap22 propriated to carry out this part and not reserved under 

23 subsection (b), the Secretary shall award grants, on a 

24 competitive basis, to State educational agencies to enable 

25 the State educational agencies to— 
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1 ‘‘(1) provide subgrants to eligible entities serv2 ing a diversity of geographic areas, giving priority to 

3 entities serving greater numbers or percentages of 

4 disadvantaged children; and 

5 ‘‘(2) develop or enhance comprehensive literacy 

6 instruction plans that ensure high-quality instruction 

7 and effective strategies in reading and writing for 

8 children from early childhood education through 

9 grade 12, including English learners and children 

10 with disabilities. 

11 ‘‘(b) RESERVATION.—From the amounts appro12 priated to carry out this part for a fiscal year, the Sec13 retary shall reserve— 

14 ‘‘(1) not more than a total of 5 percent for na15 tional activities including a national evaluation, tech16 nical assistance and training, data collection, and re17 porting; 

18 ‘‘(2) one-half of 1 percent for the Secretary of 

19 the Interior to carry out a program described in this 

20 part at schools operated or funded by the Bureau of 

21 Indian Education; and 

22 ‘‘(3) one-half of 1 percent for the outlying areas 

23 to carry out a program under this part. 

24 ‘‘(c) DURATION OF GRANTS.—A grant awarded 

25 under this part shall be for a period of not more than 
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1 5 years. Such grant may be renewed for an additional 2- 

2 year period upon the termination of the initial period of 

3 the grant if the grant recipient demonstrates to the satis4 faction of the Secretary that— 

5 ‘‘(1) the State has made adequate progress; and 

6 ‘‘(2) renewing the grant for an additional 2- 

7 year period is necessary to carry out the objectives 

8 of the grant described in subsection (d). 

9 ‘‘(d) STATE APPLICATIONS.— 

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

11 desiring a grant under this part shall submit an ap12 plication to the Secretary, at such time and in such 

13 manner as the Secretary may require. The State 

14 educational agency shall collaborate with the State 

15 agency responsible for administering early childhood 

16 education programs and the State agency respon17 sible for administering child care programs in the 

18 State in writing and implementing the early child19 hood education portion of the grant application 

20 under this subsection. 

21 ‘‘(2) CONTENTS.—An application described in 

22 paragraph (1) shall include, at a minimum, the fol23 lowing: 

24 ‘‘(A) A needs assessment that analyzes lit25 eracy needs across the State and in high-need 
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1 schools and local educational agencies that 

2 serve high-need schools, including identifying 

3 the most pressing gaps in literacy proficiency 

4 and inequities in student access to effective 

5 teachers of literacy, considering each of the cat6 egories of students, as defined in section 

7 1111(b)(3)(A). 

8 ‘‘(B) A description of how the State edu9 cational agency, in collaboration with the State 

10 literacy team, if applicable, will develop a State 

11 comprehensive literacy instruction plan or will 

12 revise and update an already existing State 

13 comprehensive literacy instruction plan. 

14 ‘‘(C) An implementation plan that includes 

15 a description of how the State educational agen16 cy will carry out the State activities described 

17 in subsection (e). 

18 ‘‘(D) An assurance that the State edu19 cational agency will use implementation grant 

20 funds described in subsection (e)(1) for com21 prehensive literacy instruction programs as fol22 lows: 

23 ‘‘(i) Not less than 15 percent of such 

24 grant funds shall be used for State and 

25 local programs and activities pertaining to 
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1 children from birth through kindergarten 

2 entry. 

3 ‘‘(ii) Not less than 40 percent of such 

4 grant funds shall be used for State and 

5 local programs and activities, allocated eq6 uitably among the grades of kindergarten 

7 through grade 5. 

8 ‘‘(iii) Not less than 40 percent of such 

9 grant funds shall be used for State and 

10 local programs and activities, allocated eq11 uitably among grades 6 through 12. 

12 ‘‘(E) An assurance that the State edu13 cational agency will give priority in awarding a 

14 subgrant under section 2403 to an eligible enti15 ty that— 

16 ‘‘(i) serves children from birth 

17 through age 5 who are from families with 

18 income levels at or below 200 percent of 

19 the Federal poverty line; or 

20 ‘‘(ii) is a local educational agency 

21 serving a high number or percentage of 

22 high-need schools. 

23 ‘‘(e) STATE ACTIVITIES.— 

24 ‘‘(1) IN GENERAL.—A State educational agency 

25 receiving a grant under this section shall use not 
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1 less than 95 percent of such grant funds to award 

2 subgrants to eligible entities, based on their needs 

3 assessment and a competitive application process. 

4 ‘‘(2) RESERVATION.—A State educational agen5 cy receiving a grant under this section may reserve 

6 not more than 5 percent for activities identified 

7 through the needs assessment and comprehensive lit8 eracy plan described in subparagraphs (A) and (B) 

9 of subsection (d)(2), including the following activi10 ties: 

11 ‘‘(A) Providing technical assistance, or en12 gaging qualified providers to provide technical 

13 assistance, to eligible entities to enable the eligi14 ble entities to design and implement literacy 

15 programs. 

16 ‘‘(B) Coordinating with institutions of 

17 higher education in the State to provide rec18 ommendations to strengthen and enhance pre19 service courses for students preparing to teach 

20 children from birth through grade 12 in ex21 plicit, systematic, and intensive instruction in 

22 evidence-based literacy methods. 

23 ‘‘(C) Reviewing and updating, in collabora24 tion with teachers, statewide educational and 

25 professional organizations representing teach-
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1 ers, and statewide educational and professional 

2 organizations representing institutions of higher 

3 education, State licensure or certification stand4 ards in the area of literacy instruction in early 

5 education through grade 12. 

6 ‘‘(D) Making publicly available, including 

7 on the State educational agency’s website, in8 formation on promising instructional practices 

9 to improve child literacy achievement. 

10 ‘‘(E) Administering and monitoring the 

11 implementation of subgrants by eligible entities. 

12 ‘‘(3) ADDITIONAL USES.—After carrying out 

13 the activities described in paragraphs (1) and (2), a 

14 State educational agency may use any remaining 

15 amount to carry out 1 or more of the following ac16 tivities: 

17 ‘‘(A) Developing literacy coach training 

18 programs and training literacy coaches. 

19 ‘‘(B) Administration and evaluation of ac20 tivities carried out under this part. 

21 ‘‘SEC. 2403. SUBGRANTS TO ELIGIBLE ENTITIES IN SUP22 PORT OF BIRTH THROUGH KINDERGARTEN 

23 ENTRY LITERACY. 

24 ‘‘(a) SUBGRANTS.— 
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1 ‘‘(1) IN GENERAL.—A State educational agency 

2 receiving a grant under this part shall, in consulta3 tion with the State agencies responsible for admin4 istering early childhood education programs and 

5 services, including the State agency responsible for 

6 administering child care programs, and, if applica7 ble, the State Advisory Council on Early Childhood 

8 Education and Care designated or established pursu9 ant to section 642B(b)(1)(A)(i) of the Head Start 

10 Act (42 U.S.C. 9837b(b)(1)(A)(i))), use a portion of 

11 the grant funds, in accordance with section 

12 2402(d)(2)(D)(i), to award subgrants, on a competi13 tive basis, to eligible entities to enable the eligible 

14 entities to support high-quality early literacy initia15 tives for children from birth through kindergarten 

16 entry. 

17 ‘‘(2) DURATION.—The term of a subgrant 

18 under this section shall be determined by the State 

19 educational agency awarding the subgrant and shall 

20 in no case exceed 5 years. 

21 ‘‘(3) SUFFICIENT SIZE AND SCOPE.—Each 

22 subgrant awarded under this section shall be of suf23 ficient size and scope to allow the eligible entity to 

24 carry out high-quality early literacy initiatives for 

25 children from birth through kindergarten entry. 
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1 ‘‘(b) LOCAL APPLICATIONS.—An eligible entity desir2 ing to receive a subgrant under this section shall submit 

3 an application to the State educational agency, at such 

4 time, in such manner, and containing such information as 

5 the State educational agency may require. Such applica6 tion shall include a description of— 

7 ‘‘(1) how the subgrant funds will be used to en8 hance the language and literacy development and 

9 school readiness of children, from birth through kin10 dergarten entry, in early childhood education pro11 grams, which shall include an analysis of data that 

12 support the proposed use of subgrant funds; 

13 ‘‘(2) how the subgrant funds will be used to 

14 prepare and provide ongoing assistance to staff in 

15 the programs, through high-quality professional de16 velopment; 

17 ‘‘(3) how the activities assisted under the 

18 subgrant will be coordinated with comprehensive lit19 eracy instruction at the kindergarten through grade 

20 12 levels; 

21 ‘‘(4) how the subgrant funds will be used to 

22 evaluate the success of the activities assisted under 

23 the subgrant in enhancing the early language and 

24 literacy development of children from birth through 

25 kindergarten entry; and 
410 

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1 ‘‘(5) such other information as the State edu2 cational agency may require. 

3 ‘‘(c) LOCAL USES OF FUNDS.—An eligible entity that 

4 receives a subgrant under this section shall use the 

5 subgrant funds, consistent with the entity’s approved ap6 plication under subsection (b), to— 

7 ‘‘(1) carry out high-quality professional develop8 ment opportunities for early childhood educators, 

9 teachers, principals, other school leaders, paraprofes10 sionals, specialized instructional support personnel, 

11 and instructional leaders; 

12 ‘‘(2) train providers and personnel to develop 

13 and administer high-quality early childhood edu14 cation literacy initiatives; and 

15 ‘‘(3) coordinate the involvement of families, 

16 early childhood education program staff, principals, 

17 other school leaders, specialized instructional sup18 port personnel (as appropriate), and teachers in lit19 eracy development of children served under the 

20 subgrant. 

21 ‘‘SEC. 2404. SUBGRANTS TO ELIGIBLE ENTITIES IN SUP22 PORT OF KINDERGARTEN THROUGH GRADE 

23 12 LITERACY. 

24 ‘‘(a) SUBGRANTS TO ELIGIBLE ENTITIES.— 
411 

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1 ‘‘(1) SUBGRANTS.—A State educational agency 

2 receiving a grant under this part shall use a portion 

3 of the grant funds, in accordance with clauses (ii) 

4 and (iii) of section 2402(d)(2)(D), to award sub5 grants, on a competitive basis, to eligible entities to 

6 enable the eligible entities to carry out the author7 ized activities described in subsections (b) and (c). 

8 ‘‘(2) DURATION.—The term of a subgrant 

9 under this section shall be determined by the State 

10 educational agency awarding the subgrant and shall 

11 in no case exceed 5 years. 

12 ‘‘(3) SUFFICIENT SIZE AND SCOPE.—A State 

13 educational agency shall award subgrants under this 

14 section of sufficient size and scope to allow the eligi15 ble entities to carry out high-quality comprehensive 

16 literacy instruction in each grade level for which the 

17 subgrant funds are provided. 

18 ‘‘(4) LOCAL APPLICATIONS.—An eligible entity 

19 desiring to receive a subgrant under this section 

20 shall submit an application to the State educational 

21 agency at such time, in such manner, and containing 

22 such information as the State educational agency 

23 may require. Such application shall include, for each 

24 school that the eligible entity identifies as partici-
412 

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1 pating in a subgrant program under this section, the 

2 following information: 

3 ‘‘(A) A description of the eligible entity’s 

4 needs assessment conducted to identify how 

5 subgrant funds will be used to inform and im6 prove comprehensive literacy instruction at the 

7 school. 

8 ‘‘(B) How the school, the local educational 

9 agency, or a provider of high-quality profes10 sional development will provide ongoing high11 quality professional development to all teachers, 

12 principals, other school leaders, specialized in13 structional support personnel (as appropriate), 

14 and other instructional leaders served by the 

15 school. 

16 ‘‘(C) How the school will identify children 

17 in need of literacy interventions or other sup18 port services. 

19 ‘‘(D) An explanation of how the school will 

20 integrate comprehensive literacy instruction into 

21 core academic subjects. 

22 ‘‘(E) A description of how the school will 

23 coordinate comprehensive literacy instruction 

24 with early childhood education and after-school 
413 

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1 programs and activities in the area served by 

2 the local educational agency. 

3 ‘‘(b) LOCAL USES OF FUNDS FOR KINDERGARTEN

4 THROUGH GRADE 5.—An eligible entity that receives a 

5 subgrant under this section shall use the subgrant funds 

6 to carry out the following activities pertaining to children 

7 in kindergarten through grade 5: 

8 ‘‘(1) Developing and implementing a com9 prehensive literacy instruction plan across content 

10 areas for such children that— 

11 ‘‘(A) serves the needs of all children, in12 cluding children with disabilities and English 

13 learners, especially children who are reading or 

14 writing below grade level; 

15 ‘‘(B) provides intensive, supplemental, ac16 celerated, and explicit intervention and support 

17 in reading and writing for children whose lit18 eracy skills are below grade level; and 

19 ‘‘(C) supports activities that are provided 

20 primarily during the regular school day but 

21 which may be augmented by after-school and 

22 out-of-school time instruction. 

23 ‘‘(2) Providing high-quality professional devel24 opment opportunities for teachers, literacy coaches, 

25 literacy specialists, English as a second language 
414 

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1 specialists (as appropriate), principals, other school 

2 leaders, specialized instructional support personnel, 

3 school librarians, paraprofessionals, and other pro4 gram staff. 

5 ‘‘(3) Training principals, specialized instruc6 tional support personnel, and other school district 

7 personnel to support, develop, administer, and evalu8 ate high-quality kindergarten through grade 5 lit9 eracy initiatives. 

10 ‘‘(4) Coordinating the involvement of early 

11 childhood education program staff, principals, other 

12 instructional leaders, teachers, teacher literacy 

13 teams, English as a second language specialists (as 

14 appropriate), special educators, school personnel, 

15 and specialized instructional support personnel (as 

16 appropriate) in the literacy development of children 

17 served under this subsection. 

18 ‘‘(5) Engaging families and encouraging family 

19 literacy experiences and practices to support literacy 

20 development. 

21 ‘‘(c) LOCAL USES OF FUNDS FOR GRADES 6 

22 THROUGH 12.—An eligible entity that receives a subgrant 

23 under this section shall use subgrant funds to carry out 

24 the following activities pertaining to children in grades 6 

25 through 12: 
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1 ‘‘(1) Developing and implementing a com2 prehensive literacy instruction plan described in sub3 section (b)(1) for children in grades 6 through 12. 

4 ‘‘(2) Training principals, specialized instruction 

5 support personnel, school librarians, and other 

6 school district personnel to support, develop, admin7 ister, and evaluate high-quality comprehensive lit8 eracy instruction initiatives for grades 6 through 12. 

9 ‘‘(3) Assessing the quality of adolescent com10 prehensive literacy instruction in core academic sub11 jects, and career and technical education subjects 

12 where such career and technical education subjects 

13 provide for the integration of core academic subjects. 

14 ‘‘(4) Providing time for teachers to meet to 

15 plan evidence-based adolescent comprehensive lit16 eracy instruction in core academic subjects, and ca17 reer and technical education subjects where such ca18 reer and technical education subjects provide for the 

19 integration of core academic subjects. 

20 ‘‘(5) Coordinating the involvement of principals, 

21 other instructional leaders, teachers, teacher literacy 

22 teams, English as a second language specialists (as 

23 appropriate), paraprofessionals, special educators, 

24 specialized instructional support personnel (as ap-
416 

†S 1177 ES

1 propriate), and school personnel in the literacy de2 velopment of children served under this subsection. 

3 ‘‘(d) ALLOWABLE USES.—An eligible entity that re4 ceives a subgrant under this section may, in addition to 

5 carrying out the activities described in subsection (b) or 

6 (c), use subgrant funds to carry out the following activities 

7 pertaining to children in kindergarten through grade 12: 

8 ‘‘(1) Recruiting, placing, training, and compen9 sating literacy coaches. 

10 ‘‘(2) Connecting out-of-school learning opportu11 nities to in-school learning in order to improve the 

12 literacy achievement of the children. 

13 ‘‘(3) Training families and caregivers to sup14 port the improvement of adolescent literacy. 

15 ‘‘(4) Providing for a multitier system of sup16 port. 

17 ‘‘(5) Forming a school literacy leadership team 

18 to help implement, assess, and identify necessary 

19 changes to the literacy initiatives in 1 or more 

20 schools to ensure success. 

21 ‘‘(6) Providing time for teachers (and other lit22 eracy staff, as appropriate, such as school librarians 

23 or specialized instructional support personnel) to 

24 meet to plan comprehensive literacy instruction. 
417 

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1 ‘‘SEC. 2405. NATIONAL EVALUATION AND INFORMATION 

2 DISSEMINATION. 

3 ‘‘(a) NATIONAL EVALUATION.—From funds reserved 

4 under section 2402(b)(1), the Director of the Institute of 

5 Education Sciences shall conduct a national evaluation of 

6 the grant and subgrant programs assisted under this part. 

7 Such evaluation shall include evidence-based research that 

8 applies rigorous and systematic procedures to obtain valid 

9 knowledge relevant to the implementation and effect of the 

10 programs and shall directly coordinate with individual 

11 State evaluations of the programs’ implementation and 

12 impact. 

13 ‘‘(b) PROGRAM IMPROVEMENT.—The Secretary 

14 shall— 

15 ‘‘(1) provide the findings of the evaluation con16 ducted under this section to State educational agen17 cies and subgrant recipients for use in program im18 provement; 

19 ‘‘(2) make such findings publicly available, in20 cluding on the websites of the Department and the 

21 Institute of Education Sciences; and 

22 ‘‘(3) submit such findings to the Committee on 

23 Health, Education, Labor, and Pensions of the Sen24 ate and the Committee on Education and the Work25 force of the House of Representatives. 
418 

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1 ‘‘SEC. 2406. SUPPLEMENT, NOT SUPPLANT. 

2 ‘‘Grant funds provided under this part shall be used 

3 to supplement, and not supplant, other Federal or State 

4 funds available to carry out activities described in this 

5 part.’’. 

6 SEC. 2005. IMPROVING SCIENCE, TECHNOLOGY, ENGINEER7 ING, AND MATHEMATICS INSTRUCTION AND 

8 STUDENT ACHIEVEMENT. 

9 Title II (20 U.S.C. 6601 et seq.), as amended by sec10 tions 2001 through 2004, is further amended by adding 

11 at the end the following: 

12 ‘‘PART E—IMPROVING SCIENCE, TECHNOLOGY, 

13 ENGINEERING, AND MATHEMATICS IN14 STRUCTION AND STUDENT ACHIEVEMENT 

15 ‘‘SEC. 2501. PURPOSE. 

16 ‘‘The purpose of this part is to improve student aca17 demic achievement in science, technology, engineering, and 

18 mathematics, including computer science, by— 

19 ‘‘(1) improving instruction in such subjects 

20 through grade 12; 

21 ‘‘(2) improving student engagement in, and in22 creasing student access to, such subjects, including 

23 for students from groups underrepresented in such 

24 subjects, such as female students, minority students, 

25 English learners, children with disabilities, and eco26 nomically disadvantaged students; 
419 

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1 ‘‘(3) improving the quality and effectiveness of 

2 classroom instruction by recruiting, training, and 

3 supporting highly rated teachers and providing ro4 bust tools and supports for students and teachers in 

5 such subjects; 

6 ‘‘(4) increasing student access to high-quality 

7 informal and after-school programs that target the 

8 identified subjects and improving the coordination of 

9 such programs with classroom instruction in the 

10 identified subjects; and 

11 ‘‘(5) closing student achievement gaps, and pre12 paring more students to be college and career ready, 

13 in such subjects. 

14 ‘‘SEC. 2502. DEFINITIONS. 

15 ‘‘In this part: 

16 ‘‘(1) ELIGIBLE SUBGRANTEE.—The term ‘eligi17 ble subgrantee’ means— 

18 ‘‘(A) a high-need local educational agency; 

19 ‘‘(B) an educational service agency serving 

20 more than 1 high-need local educational agency; 

21 ‘‘(C) a consortium of high-need local edu22 cational agencies; or 

23 ‘‘(D) an entity described in subparagraph 

24 (A) or (C) of paragraph (2) that has signed a 

25 memorandum of agreement with an entity de-
420 

†S 1177 ES

1 scribed in subparagraph (A), (B), or (C) of this 

2 paragraph to implement the requirements of 

3 this part in partnership with such entity. 

4 ‘‘(2) OUTSIDE PARTNER.—The term ‘outside 

5 partner’ means an entity that has expertise and a 

6 demonstrated record of success in improving student 

7 learning and engagement in the identified subjects 

8 described in section 2504(b)(2), including any of the 

9 following: 

10 ‘‘(A) A nonprofit or community-based or11 ganization, which may include a cultural organi12 zation, such as a museum or learning center. 

13 ‘‘(B) A business. 

14 ‘‘(C) An institution of higher education. 

15 ‘‘(D) An educational service agency. 

16 ‘‘(3) STEM-FOCUSED SPECIALTY SCHOOL.— 

17 The term ‘STEM-focused specialty school’ means a 

18 school, or a dedicated program within a school, that 

19 engages students in rigorous, relevant, and inte20 grated learning experiences focused on science, tech21 nology, engineering, and mathematics, which include 

22 authentic school-wide research. 

23 ‘‘(4) STEM MASTER TEACHER CORPS.—The 

24 term ‘STEM master teacher corps’ means a State25 led effort to elevate the status of the science, tech-
421 

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1 nology, engineering, and mathematics teaching pro2 fession by recognizing, rewarding, attracting, and re3 taining outstanding science, technology, engineering, 

4 and mathematics teachers, particularly in high-need 

5 and rural schools, by— 

6 ‘‘(A) selecting candidates to be master 

7 teachers in the corps on the basis of— 

8 ‘‘(i) content knowledge based on a 

9 screening examination; and 

10 ‘‘(ii) pedagogical knowledge of and 

11 success in teaching; 

12 ‘‘(B) offering such teachers opportunities 

13 to— 

14 ‘‘(i) work with one another in schol15 arly communities; 

16 ‘‘(ii) participate in and lead high-qual17 ity professional development; and 

18 ‘‘(C) providing such teachers with addi19 tional appropriate and substantial compensation 

20 for the work described in subparagraph (B) and 

21 in the master teacher community. 

22 ‘‘SEC. 2503. GRANTS; ALLOTMENTS. 

23 ‘‘(a) IN GENERAL.—From amounts made available to 

24 carry out this part for a fiscal year, the Secretary shall 

25 award grants to State educational agencies, through allot-
422 

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1 ments described in subsection (b), to enable State edu2 cational agencies to carry out the activities described in 

3 section 2505. 

4 ‘‘(b) DISTRIBUTION OF FUNDS.— 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

6 for each fiscal year, the Secretary shall allot to each 

7 State— 

8 ‘‘(A) an amount that bears the same rela9 tionship to 35 percent of the amount available 

10 to carry out this part for such year, as the 

11 number of individuals ages 5 through 17 in the 

12 State, as determined by the Secretary on the 

13 basis of the most recent satisfactory data, bears 

14 to the number of those individuals in all such 

15 States, as so determined; and 

16 ‘‘(B) an amount that bears the same rela17 tionship to 65 percent of the amount available 

18 to carry out this part for such year as the num19 ber of individuals ages 5 through 17 from fami20 lies with incomes below the poverty line in the 

21 State, as determined by the Secretary on the 

22 basis of the most recent satisfactory data, bears 

23 to the number of those individuals in all such 

24 States, as so determined. 
423 

†S 1177 ES

1 ‘‘(2) FUNDING MINIMUM.—No State receiving 

2 an allotment under this subsection may receive less 

3 than one-half of 1 percent of the total amount allot4 ted under paragraph (1) for a fiscal year. 

5 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If a State 

6 does not successfully apply for an allotment under this 

7 part, the Secretary shall reallot the amount of the State’s 

8 allotment to the remaining States in accordance with this 

9 section. 

10 ‘‘SEC. 2504. APPLICATIONS. 

11 ‘‘(a) IN GENERAL.—Each State desiring an allotment 

12 under section 2503(b) shall submit an application to the 

13 Secretary at such time, in such manner, and accompanied 

14 by such information as the Secretary may require. 

15 ‘‘(b) CONTENTS.—At a minimum, an application sub16 mitted under subsection (a) shall include the following: 

17 ‘‘(1) A description of the needs, including as18 sets, identified by the State educational agency 

19 based on a State analysis, which shall include— 

20 ‘‘(A) an analysis of science, technology, en21 gineering, and mathematics education quality 

22 and outcomes in the State, which may include 

23 results from a pre-existing analysis; 
424 

†S 1177 ES

1 ‘‘(B) labor market information regarding 

2 the industry and business workforce needs with3 in the State; 

4 ‘‘(C) information on student exposure to 

5 and retention in science, technology, engineer6 ing, and mathematics fields, including among 

7 low-income and underrepresented groups, which 

8 may include results from a pre-existing anal9 ysis; and 

10 ‘‘(D) an analysis of the quality of pre-serv11 ice preparation at all public institutions of high12 er education (including alternative pathways to 

13 teacher licensure or certification) for individuals 

14 preparing to teach science, technology, engi15 neering, and mathematics subjects in the State. 

16 ‘‘(2) An identification of the specific subjects 

17 that the State educational agency will address 

18 through the activities described in section 2505, con19 sistent with the needs identified under paragraph (1) 

20 (referred to in this part as ‘identified subjects’). 

21 ‘‘(3) A description, in a manner that addresses 

22 any needs identified under paragraph (1), of— 

23 ‘‘(A) how grant funds will be used by the 

24 State educational agency to improve instruction 

25 in the identified subjects; 
425 

†S 1177 ES

1 ‘‘(B) the process that the State educational 

2 agency will use for awarding subgrants, includ3 ing how relevant stakeholders will be involved; 

4 ‘‘(C) how the State’s proposed project will 

5 ensure increased access for students who are 

6 members of groups underrepresented in science, 

7 technology, engineering, and mathematics sub8 ject fields (which may include female students, 

9 minority students, English learners, children 

10 with disabilities, and economically disadvan11 taged students) to high-quality courses in 1 or 

12 more of the identified subjects; and 

13 ‘‘(D) how the State educational agency will 

14 continue to involve stakeholders in education re15 form efforts related to science, technology, engi16 neering, and mathematics instruction. 

17 ‘‘SEC. 2505. AUTHORIZED ACTIVITIES. 

18 ‘‘(a) REQUIRED ACTIVITIES.—Each State edu19 cational agency that receives an allotment under this part 

20 shall use the grant funds reserved under subsection (d)(2) 

21 to carry out each of the following activities: 

22 ‘‘(1) Increasing access for students through 

23 grade 12 who are members of groups underrep24 resented in science, technology, engineering, and 

25 mathematics subject fields, such as female students, 
426 

†S 1177 ES

1 minority students, English learners, children with 

2 disabilities, and economically disadvantaged stu3 dents, to high-quality courses in the identified sub4 jects. 

5 ‘‘(2) Implementing evidence-based programs of 

6 instruction based on high-quality standards and as7 sessments in the identified subjects. 

8 ‘‘(3) Providing professional development and 

9 other comprehensive systems of support for teachers 

10 and school leaders to promote high-quality instruc11 tion and instructional leadership in the identified 

12 subjects. 

13 ‘‘(b) PERMISSIBLE ACTIVITIES.—Each State edu14 cational agency that receives an allotment under this part 

15 may use the grant funds reserved under subsection (d)(2) 

16 to carry out 1 or more of the following activities: 

17 ‘‘(1) Recruiting qualified teachers and instruc18 tional leaders who are trained in identified subjects, 

19 including teachers who have transitioned into the 

20 teaching profession from a careers in the science, 

21 technology, engineering, and mathematics fields. 

22 ‘‘(2) Providing induction and mentoring serv23 ices to new teachers in identified subjects. 

24 ‘‘(3) Developing instructional supports for iden25 tified subjects, such as curricula and assessments, 
427 

†S 1177 ES

1 which shall be evidence-based and aligned with chal2 lenging State academic standards under section 

3 1111(b)(1). 

4 ‘‘(4) Supporting the development of a State5 wide STEM master teacher corps. 

6 ‘‘(c) SUBGRANTS.— 

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

8 agency that receives a grant under this part shall 

9 use the amounts not reserved under subsection (d) 

10 to award subgrants, on a competitive basis, to eligi11 ble subgrantees to enable the eligible subgrantees to 

12 carry out the activities described in paragraph (4). 

13 ‘‘(2) MINIMUM SUBGRANT.—A State edu14 cational agency shall award subgrants under this 

15 subsection that are of sufficient size and scope to 

16 support high-quality, evidence-based, effective pro17 grams that are consistent with the purpose of this 

18 part. 

19 ‘‘(3) SUBGRANTEE APPLICATION.— 

20 ‘‘(A) IN GENERAL.—Each eligible sub21 grantee desiring a subgrant under this sub22 section shall submit an application to the State 

23 educational agency at such time, in such man24 ner, and accompanied by such information as 

25 the State educational agency may require. 
428 

†S 1177 ES

1 ‘‘(B) CONTENTS OF SUBGRANTEE APPLI2 CATION.—At a minimum, the application de3 scribed in subparagraph (A) shall include the 

4 following: 

5 ‘‘(i) A description of the activities that 

6 the eligible subgrantee will carry out, and 

7 how such activities will improve teaching 

8 and student academic achievement in the 

9 State’s identified subjects. 

10 ‘‘(ii) A description of how the eligible 

11 subgrantee will use funds provided under 

12 this subsection to serve students and 

13 teachers in high-need schools. 

14 ‘‘(iii) A description of how the eligible 

15 subgrantee will use funds provided under 

16 this subsection for services and activities to 

17 increase access for students who are mem18 bers of groups underrepresented in science, 

19 technology, engineering, and mathematics 

20 subject fields, which may include female 

21 students, minority students, English learn22 ers, children with disabilities, and economi23 cally disadvantaged students, to high-qual24 ity courses in 1 or more of the State’s 

25 identified subjects. Such activities and 
429 

†S 1177 ES

1 services may include after-school activities 

2 or other informal learning opportunities 

3 designed to encourage interest and develop 

4 skills in 1 or more of such subjects. 

5 ‘‘(iv) A description of how funds pro6 vided under this subsection will be coordi7 nated with other Federal, State, and local 

8 programs and activities, including career 

9 and technical education programs author10 ized under the Carl D. Perkins Career and 

11 Technical Education Act of 2006. 

12 ‘‘(v) If the eligible subgrantee is work13 ing with outside partners, a description of 

14 how such outside partners will be involved 

15 in improving instruction and increasing ac16 cess to high-quality learning experiences in 

17 the State’s identified subjects. 

18 ‘‘(4) SUBGRANTEE USE OF FUNDS.— 

19 ‘‘(A) REQUIRED USE OF FUNDS.—Each 

20 subgrantee under this subsection shall use the 

21 subgrant funds to carry out activities for stu22 dents through grade 12, as described in the 

23 subgrantee’s application, which shall include— 

24 ‘‘(i) high-quality teacher and instruc25 tional leader recruitment, support, and 
430 

†S 1177 ES

1 evaluation in the State’s identified sub2 jects; 

3 ‘‘(ii) professional development, which 

4 may include development and support for 

5 instructional coaches, to enable teachers 

6 and instructional leaders to increase stu7 dent achievement in identified subjects; 

8 ‘‘(iii) activities to— 

9 ‘‘(I) improve the content knowl10 edge of teachers in the State’s identi11 fied subjects; 

12 ‘‘(II) facilitate professional col13 laboration, which may include pro14 viding time for such collaborations 

15 with school personnel, after-school 

16 program personnel, and personnel of 

17 informal programs that target the 

18 identified subjects; and 

19 ‘‘(III) improve the integration of 

20 informal and after-school programs 

21 that target the identified subjects with 

22 classroom instruction, such as through 

23 the use of strategic partnerships with 

24 science, technology, engineering, and 

25 mathematics researchers, and other 
431 

†S 1177 ES

1 professionals from relevant fields who 

2 may be able to assist in activities fo3 cused in science, technology, engineer4 ing, and mathematics; and 

5 ‘‘(iv) the development, adoption, and 

6 improvement of high-quality curricula and 

7 instructional supports that— 

8 ‘‘(I) are aligned with the chal9 lenging State academic standards 

10 under section 1111(b)(1); and 

11 ‘‘(II) the eligible subgrantee will 

12 use to improve student academic 

13 achievement in the identified subjects. 

14 ‘‘(B) ALLOWABLE USE OF FUNDS.—In ad15 dition to the required activities described in 

16 subparagraph (A), each eligible subgrantee that 

17 receives a subgrant under this subsection may 

18 also use the subgrant funds to— 

19 ‘‘(i) support the participation of low20 income students in nonprofit competitions 

21 related to science, technology, engineering, 

22 and mathematics subjects (such as robot23 ics, science research, invention, mathe24 matics, computer science, and technology 

25 competitions); 
432 

†S 1177 ES

1 ‘‘(ii) broaden secondary school stu2 dents’ access to, and interest in, careers 

3 that require academic preparation in 1 or 

4 more identified subjects; 

5 ‘‘(iii) broaden the access of secondary 

6 school students to early college high school 

7 or dual or concurrent enrollment courses in 

8 science, technology, engineering, or mathe9 matics subjects, including providing profes10 sional development to teachers and leaders 

11 related to this work; 

12 ‘‘(iv) broaden student access to 

13 mentorship, tutoring, and after-school ac14 tivities or other informal learning opportu15 nities designed to encourage interest and 

16 develop skills in 1 or more of the State’s 

17 identified subjects; 

18 ‘‘(v) partner with established after19 school and science, technology, engineering, 

20 and mathematics networks to provide tech21 nical assistance to after-school programs to 

22 improve their practice, such as through de23 veloping quality standards and appropriate 

24 learning outcomes for science, technology, 
433 

†S 1177 ES

1 engineering, and mathematics program2 ming in after-school programs; 

3 ‘‘(vi) provide hands-on learning and 

4 exposure to science, technology, engineer5 ing, and mathematics research facilities 

6 and businesses through in-person or virtual 

7 distance-learning experiences; 

8 ‘‘(vii) partner with current or recently 

9 retired science, technology, engineering, 

10 and mathematics professionals to engage 

11 students and teachers in instruction in 

12 such subjects; 

13 ‘‘(viii) tailor and integrate educational 

14 resources developed by Federal agencies, 

15 as appropriate, to improve student achieve16 ment in science, technology, engineering, 

17 and mathematics; 

18 ‘‘(ix) support the use of field-based or 

19 service learning that enables students to 

20 use the local environment and community 

21 as a learning resource and to enhance the 

22 students’ understanding of the identified 

23 subjects through environmental science 

24 education; and 
434 

†S 1177 ES

1 ‘‘(x) address science, technology, engi2 neering, and mathematics needs identified 

3 in the State plan under section 102 of the 

4 Workforce Innovation and Opportunity Act 

5 (29 U.S.C. 3112), or by a local workforce 

6 development board under section 107(d), 

7 or in the local plan submitted under sec8 tion 108, of such Act (29 U.S.C. 3122(d), 

9 3123), for the State, local area (as defined 

10 in section 3 of such Act (29 U.S.C. 3102)), 

11 or region (as so defined) that the eligible 

12 subgrantee is serving; and 

13 ‘‘(xi) support the creation and en14 hancement of STEM-focused specialty 

15 schools that improve student academic 

16 achievement in science, technology, engi17 neering, and mathematics, including com18 puter science, and prepare more students 

19 to be ready for postsecondary education 

20 and careers in such subjects. 

21 ‘‘(C) MATCHING FUNDS.—A State may re22 quire an eligible subgrantee receiving a 

23 subgrant under this subsection to demonstrate 

24 that such subgrantee has obtained a commit25 ment from 1 or more outside partners to match, 
435 

†S 1177 ES

1 using non-Federal funds, a portion of the 

2 amount of subgrant funds, in an amount deter3 mined by the State. 

4 ‘‘(d) STATE ACTIVITIES.— 

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

6 agency that receives an allotment under this part 

7 may use not more than 5 percent of grant funds 

8 for— 

9 ‘‘(A) administrative costs; 

10 ‘‘(B) monitoring the implementation of 

11 subgrants; 

12 ‘‘(C) providing technical assistance to eligi13 ble subgrantees; and 

14 ‘‘(D) evaluating subgrants in coordination 

15 with the evaluation described in section 

16 2506(c). 

17 ‘‘(2) RESERVATION.—Each State educational 

18 agency that receives an allotment under this part 

19 shall reserve not less than 15 and not more than 20 

20 percent of grant funds, inclusive of the amount de21 scribed in paragraph (1), for additional State activi22 ties, consistent with subsections (a) and (b). 
436 

†S 1177 ES

1 ‘‘SEC. 2506. PERFORMANCE METRICS; REPORT; EVALUA2 TION. 

3 ‘‘(a) ESTABLISHMENT OF PERFORMANCE

4 METRICS.—The Secretary, acting through the Director of 

5 the Institute of Education Sciences, shall establish per6 formance metrics to evaluate the effectiveness of the ac7 tivities carried out under this part. 

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

9 agency that receives an allotment under this part shall 

10 prepare and submit an annual report to the Secretary, 

11 which shall include information relevant to the perform12 ance metrics described in subsection (a). 

13 ‘‘(c) EVALUATION AND MANAGEMENT.—The Sec14 retary shall— 

15 ‘‘(1) acting through the Director of the Insti16 tute of Education Sciences, and in consultation with 

17 the Director of the National Science Foundation— 

18 ‘‘(A) evaluate the implementation and im19 pact of the activities supported under this part, 

20 including progress measured by the metrics es21 tablished under subsection (a); and 

22 ‘‘(B) identify best practices to improve in23 struction in science, technology, engineering, 

24 and mathematics subjects; 

25 ‘‘(2) disseminate, in consultation with the Na26 tional Science Foundation, research on best prac-
437 

†S 1177 ES

1 tices to improve instruction in science, technology, 

2 engineering, and mathematics subjects; 

3 ‘‘(3) ensure that the Department is taking ap4 propriate action to— 

5 ‘‘(A) identify all activities being supported 

6 under this part; and 

7 ‘‘(B) avoid unnecessary duplication of ef8 forts between the activities being supported 

9 under this part and other programmatic activi10 ties supported by the Department or by other 

11 Federal agencies; and 

12 ‘‘(4) develop a rigorous system to— 

13 ‘‘(A) identify the science, technology, engi14 neering, and mathematics education-specific 

15 needs of States and stakeholders receiving 

16 funds through subgrants under this part; 

17 ‘‘(B) make public and widely disseminate 

18 programmatic activities relating to science, 

19 technology, engineering, and mathematics that 

20 are supported by the Department or by other 

21 Federal agencies; and 

22 ‘‘(C) develop plans for aligning the pro23 grammatic activities supported by the Depart24 ment and other Federal agencies with the State 

25 and stakeholder needs. 
438 

†S 1177 ES

1 ‘‘SEC. 2507. SUPPLEMENT NOT SUPPLANT. 

2 ‘‘Funds received under this part shall be used to sup3 plement, and not supplant, funds that would otherwise be 

4 used for activities authorized under this part. 

5 ‘‘SEC. 2508. REPORT ON CYBERSECURITY EDUCATION. 

6 ‘‘Not later than June 1, 2016, the Secretary, acting 

7 through the Director of the Institute of Education 

8 Sciences, shall submit to the Committee on Armed Serv9 ices and the Committee on Health, Education, Labor, and 

10 Pensions of the Senate and the Committee on Armed 

11 Services and the Committee on Education and the Work12 force of the House of Representatives, a report describing 

13 whether secondary and postsecondary education programs 

14 are meeting the need of public and private sectors for 

15 cyberdefense. Such report shall include— 

16 ‘‘(1) an assessment of the shortfalls in current 

17 secondary and postsecondary education needed to 

18 develop cybersecurity professionals, and rec19 ommendations to address such shortfalls; 

20 ‘‘(2) an assessment of successful secondary and 

21 postsecondary programs that produce competent cy22 bersecurity professionals; and 

23 ‘‘(3) recommendations of subjects to be covered 

24 by elementary schools and secondary schools to bet25 ter prepare students for postsecondary cybersecurity 

26 education.’’. 
439 

†S 1177 ES

1 SEC. 2006. GENERAL PROVISIONS. 

2 Title II (20 U.S.C. 6601 et seq.), as amended by sec3 tions 2001 through 2005, is further amended by adding 

4 at the end the following: 

5 ‘‘PART F—GENERAL PROVISIONS 

6 ‘‘SEC. 2601. RULES OF CONSTRUCTION. 

7 ‘‘(a) PROHIBITION AGAINST FEDERAL MANDATES, 

8 DIRECTION, OR CONTROL.—Nothing in this title shall be 

9 construed to authorize the Secretary or any other officer 

10 or employee of the Federal Government to mandate, di11 rect, or control a State, local educational agency, or 

12 school’s— 

13 ‘‘(1) instructional content or materials, cur14 riculum, program of instruction, academic stand15 ards, or academic assessments; 

16 ‘‘(2) teacher, principal, or other school leader 

17 evaluation system; 

18 ‘‘(3) specific definition of teacher, principal, or 

19 other school leader effectiveness; or 

20 ‘‘(4) teacher, principal, or other school leader 

21 professional standards, certification, or licensing. 

22 ‘‘(b) SCHOOL OR DISTRICT EMPLOYEES.—Nothing in 

23 this title shall be construed to alter or otherwise affect 

24 the rights, remedies, and procedures afforded school or 

25 school district employees under Federal, State, or local 

26 laws (including applicable regulations or court orders) or 
440 

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1 under the terms of collective bargaining agreements, 

2 memoranda of understanding, or other agreements be3 tween such employees and their employers.’’. 

4 TITLE III—LANGUAGE INSTRUC5 TION FOR ENGLISH LEARN6 ERS AND IMMIGRANT STU7 DENTS 

8 SEC. 3001. GENERAL PROVISIONS. 

9 Title III (20 U.S.C. 6801 et seq.) is amended— 

10 (1) in the title heading, by striking ‘‘LIM11 ITED ENGLISH PROFICIENT’’ and inserting 

12 ‘‘ENGLISH LEARNERS’’; 

13 (2) in part A— 

14 (A) by striking section 3122; 

15 (B) redesignating sections 3123, 3124, 

16 3125, 3126, 3127, 3128, and 3129 as sections 

17 3122, 3123, 3124, 3125, 3126, 3127, and 

18 3128, respectively; and 

19 (C) by striking subpart 4; 

20 (3) by striking part B; 

21 (4) by redesignating part C as part B; and 

22 (5) in part B, as redesignated by paragraph 

23 (4)— 

24 (A) by redesignating section 3301 as sec25 tion 3201; 
441 

†S 1177 ES

1 (B) by striking section 3302; and 

2 (C) by redesignating sections 3303 and 

3 3304 as sections 3202 and 3203, respectively. 

4 SEC. 3002. AUTHORIZATION OF APPROPRIATIONS. 

5 Section 3001 (20 U.S.C. 6801) is amended to read 

6 as follows: 

7 ‘‘SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘There are authorized to be appropriated to carry out 

9 this title such sums as may be necessary for each of fiscal 

10 years 2016 through 2021.’’. 

11 SEC. 3003. ENGLISH LANGUAGE ACQUISITION, LANGUAGE 

12 ENHANCEMENT, AND ACADEMIC ACHIEVE13 MENT. 

14 Part A of title III (20 U.S.C. 6811 et seq.) is amend15 ed— 

16 (1) in section 3102, by striking paragraphs (1) 

17 through (9) and inserting the following: 

18 ‘‘(1) to help ensure that English learners, in19 cluding immigrant children and youth, attain 

20 English proficiency, and develop high levels of aca21 demic achievement in English; 

22 ‘‘(2) to assist all English learners, including im23 migrant children and youth, to achieve at high levels 

24 in academic subjects so that children who are 

25 English learners can meet the same challenging 
442 

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1 State academic standards that all children are ex2 pected to meet, consistent with section 1111(b)(1); 

3 ‘‘(3) to assist early childhood educators, teach4 ers, principals and other school leaders, State edu5 cational agencies, and local educational agencies in 

6 establishing, implementing, and sustaining effective 

7 language instruction educational programs designed 

8 to assist in teaching English learners, including im9 migrant children and youth; 

10 ‘‘(4) to assist early childhood educators, teach11 ers, principals and other school leaders, State edu12 cational agencies, and local educational agencies to 

13 develop and enhance their capacity to provide effec14 tive instruction programs designed to prepare 

15 English learners, including immigrant children and 

16 youth, to enter all-English instruction settings; 

17 ‘‘(5) to promote parental, family, and commu18 nity participation in language instruction edu19 cational programs for the parents, families, and 

20 communities of English learners; and 

21 ‘‘(6) to provide incentives to grantees to imple22 ment policies and practices that will lead to signifi23 cant improvements in the instruction and achieve24 ment of English learners.’’; 

25 (2) in section 3111— 
443 

†S 1177 ES

1 (A) in subsection (b)— 

2 (i) in paragraph (2), by striking sub3 paragraphs (A) through (D) and inserting 

4 the following: 

5 ‘‘(A) Establishing and implementing, with 

6 timely and meaningful consultation with local 

7 educational agencies representing the geo8 graphic diversity of the State, standardized 

9 statewide entrance and exit procedures, includ10 ing a requirement that all students who may be 

11 English learners are assessed for such status 

12 within 30 days of enrollment in a school in the 

13 State. 

14 ‘‘(B) Providing effective teacher and prin15 cipal preparation, professional development ac16 tivities, and other evidence-based activities re17 lated to the education of English learners, 

18 which may include assisting teachers, prin19 cipals, and other educators in— 

20 ‘‘(i) meeting State and local certifi21 cation and licensing requirements for 

22 teaching English learners; and 

23 ‘‘(ii) improving teaching skills in 

24 meeting the diverse needs of English learn25 ers, including how to implement effective 
444 

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1 programs and curricula on teaching 

2 English learners. 

3 ‘‘(C) Planning, evaluation, administration, 

4 and interagency coordination related to the sub5 grants referred to in paragraph (1). 

6 ‘‘(D) Providing technical assistance and 

7 other forms of assistance to eligible entities that 

8 are receiving subgrants from a State edu9 cational agency under this subpart, including 

10 assistance in— 

11 ‘‘(i) identifying and implementing ef12 fective language instruction educational 

13 programs and curricula for teaching 

14 English learners, including those in early 

15 childhood settings; 

16 ‘‘(ii) helping English learners meet 

17 the same State academic standards that all 

18 children are expected to meet; 

19 ‘‘(iii) identifying or developing, and 

20 implementing, measures of English pro21 ficiency; and 

22 ‘‘(iv) strengthening and increasing 

23 parent, family, and community engagement 

24 in programs that serve English learners. 
445 

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1 ‘‘(E) Providing recognition, which may in2 clude providing financial awards, to recipients 

3 of subgrants under section 3115 that have sig4 nificantly improved the achievement and 

5 progress of English learners in meeting— 

6 ‘‘(i) annual timelines and goals for 

7 progress established under section 

8 1111(c)(1)(K) based on the State’s 

9 English language proficiency assessment 

10 under section 1111(b)(2)(G); and 

11 ‘‘(ii) the challenging State academic 

12 standards described in section 

13 1111(b)(1).’’; and 

14 (ii) in paragraph (3)— 

15 (I) in the heading, by inserting 

16 ‘‘DIRECT’’ before ‘‘ADMINISTRATIVE’’; 

17 and 

18 (II) by inserting ‘‘direct’’ before 

19 ‘‘administrative costs’’; and 

20 (B) in subsection (c)— 

21 (i) in paragraph (1)— 

22 (I) in the matter preceding sub23 paragraph (A), by striking ‘‘section 

24 3001(a)’’ and inserting ‘‘section 

25 3001’’; 
446 

†S 1177 ES

1 (II) in subparagraph (B), by in2 serting ‘‘and’’ after the semicolon; 

3 (III) in subparagraph (C)— 

4 (aa) by striking ‘‘3303’’ 

5 both places it appears and insert6 ing ‘‘3202’’; 

7 (bb) by striking ‘‘not more 

8 than 0.5 percent of such amount 

9 shall be reserved for evaluation 

10 activities conducted by the Sec11 retary and’’; and 

12 (cc) by striking ‘‘; and’’ and 

13 inserting a period; and 

14 (IV) by striking subparagraph 

15 (D); 

16 (ii) by striking paragraphs (2) and 

17 (4); 

18 (iii) by redesignating paragraph (3) as 

19 paragraph (2); 

20 (iv) in paragraph (2)(A), as redesig21 nated by clause (iii)— 

22 (I) in the matter preceding clause 

23 (i), by striking ‘‘section 3001(a)’’ and 

24 inserting ‘‘section 3001’’; and 
447 

†S 1177 ES

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

2 ‘‘limited English proficient’’ and all 

3 that follows through ‘‘States;’’ and in4 serting ‘‘English learners in the State 

5 bears to the number of English learn6 ers in all States, as determined by the 

7 Secretary under paragraph (3);’’; and 

8 (v) by adding at the end the following: 

9 ‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 

10 making State allotments under paragraph (2)(A) for 

11 each fiscal year, the Secretary shall— 

12 ‘‘(A) determine the number of English 

13 learners in a State and in all States, using the 

14 most accurate, up-to-date data, which shall 

15 be— 

16 ‘‘(i) data available from the American 

17 Community Survey conducted by the De18 partment of Commerce, which may be 

19 multiyear estimates; 

20 ‘‘(ii) the number of students being as21 sessed for English language proficiency, 

22 based on the State’s English language pro23 ficiency assessment under section 

24 1111(b)(2)(G), which may be multiyear es25 timates; or 
448 

†S 1177 ES

1 ‘‘(iii) a combination of data available 

2 under clauses (i) and (ii); and 

3 ‘‘(B) determine the number of immigrant 

4 children and youth in the State and in all 

5 States based only on data available from the 

6 American Community Survey conducted by the 

7 Department of Commerce, which may be 

8 multiyear estimates.’’; 

9 (3) in section 3113— 

10 (A) in subsection (a), by inserting ‘‘reason11 ably’’ before ‘‘require’’; 

12 (B) in subsection (b)— 

13 (i) in paragraph (1), by striking 

14 ‘‘making’’ and inserting ‘‘awarding’’; and 

15 (ii) by striking paragraphs (2) 

16 through (6) and inserting the following: 

17 ‘‘(2) describe how the agency will establish and 

18 implement, with timely and meaningful consultation 

19 with local educational agencies representing the geo20 graphic diversity of the State, standardized, state21 wide entrance and exit procedures, including an as22 surance that all students who may be English learn23 ers are assessed for such status within 30 days of 

24 enrollment in a school in the State; 

25 ‘‘(3) provide an assurance that— 
449 

†S 1177 ES

1 ‘‘(A) the agency will ensure that eligible 

2 entities receiving a subgrant under this subpart 

3 comply with the requirement in section 

4 1111(b)(2)(B)(ix) to annually assess in English 

5 all English learners who have been in the 

6 United States for 3 or more years; 

7 ‘‘(B) the agency will ensure that eligible 

8 entities receiving a subgrant under this subpart 

9 annually assess the English proficiency of all 

10 English learners participating in a program 

11 funded under this subpart, consistent with sec12 tion 1111(b)(2)(G); 

13 ‘‘(C) in awarding subgrants under section 

14 3114, the agency will address the needs of 

15 school systems of all sizes and in all geographic 

16 areas, including school systems with rural and 

17 urban schools; 

18 ‘‘(D) subgrants to eligible entities under 

19 section 3114(d)(1) will be of sufficient size and 

20 scope to allow such entities to carry out effec21 tive language instruction educational programs 

22 for English learners; 

23 ‘‘(E) the agency will require an eligible en24 tity receiving a subgrant under this subpart to 

25 use the subgrant in ways that will build such 
450 

†S 1177 ES

1 recipient’s capacity to continue to offer effective 

2 language instruction educational programs that 

3 assist English learners in meeting challenging 

4 State academic standards described in section 

5 1111(b)(1); 

6 ‘‘(F) the agency will monitor each eligible 

7 entity receiving a subgrant under this subpart 

8 for compliance with applicable Federal fiscal re9 quirements; and 

10 ‘‘(G) the plan has been developed in con11 sultation with local educational agencies, teach12 ers, administrators of programs implemented 

13 under this subpart, parents of English learners, 

14 and other relevant stakeholders; 

15 ‘‘(4) describe how the agency will coordinate its 

16 programs and activities under this subpart with 

17 other programs and activities under this Act and 

18 other Acts, as appropriate; 

19 ‘‘(5) describe how each eligible entity will be 

20 given the flexibility to teach English learners— 

21 ‘‘(A) using a high-quality, effective lan22 guage instruction curriculum for teaching 

23 English learners; and 

24 ‘‘(B) in the manner the eligible entities de25 termine to be the most effective; 
451 

†S 1177 ES

1 ‘‘(6) describe how the agency will assist eligible 

2 entities in meeting— 

3 ‘‘(A) annual timelines and goals for 

4 progress established under section 

5 1111(c)(1)(K) based on the State’s English lan6 guage proficiency assessment under section 

7 1111(b)(2)(G); and 

8 ‘‘(B) the challenging State academic stand9 ards described in section 1111(b)(1); 

10 ‘‘(7) describe how the agency will assist eligible 

11 entities in decreasing the number of English learners 

12 who have not yet acquired English proficiency within 

13 5 years of their initial classification as an English 

14 learner; 

15 ‘‘(8) describe how the agency will ensure that 

16 the unique needs of the State’s population of 

17 English learners and immigrant children and youth 

18 are being addressed; and 

19 ‘‘(9) describe how the agency will monitor and 

20 evaluate the progress of each eligible entity receiving 

21 funds under this subpart toward meeting the 

22 timelines and goals for English proficiency required 

23 under section 1111(c)(1)(K) and the steps the State 

24 will take to further assist eligible entities if such 

25 strategies funded under this part are not effective in 
452 

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1 making such progress and meeting academic goals 

2 established under section 1111(b)(3)(B)(i) for 

3 English learners, such as providing technical assist4 ance and modifying such strategies.’’; 

5 (C) in subsection (d)(2)(B), by striking 

6 ‘‘part’’ and inserting ‘‘subpart’’; and 

7 (D) in subsection (f), by striking ‘‘, objec8 tives,’’; 

9 (4) in section 3114— 

10 (A) in subsection (a)— 

11 (i) by striking ‘‘section 3111(c)(3)’’ 

12 and inserting ‘‘section 3111(c)(2)’’; and 

13 (ii) by striking ‘‘limited English pro14 ficient children’’ both places the term ap15 pears and inserting ‘‘English learners’’; 

16 and 

17 (B) in subsection (d)(1)— 

18 (i) by striking ‘‘section 3111(c)(3)’’ 

19 and inserting ‘‘section 3111(c)(2)’’; and 

20 (ii) by striking ‘‘preceding the fiscal 

21 year’’; 

22 (5) by striking section 3115 and inserting the 

23 following: 
453 

†S 1177 ES

1 ‘‘SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES. 

2 ‘‘(a) PURPOSES OF SUBGRANTS.—A State edu3 cational agency may make a subgrant to an eligible entity 

4 from funds received by the agency under this subpart only 

5 if the entity agrees to expend the funds to improve the 

6 education of English learners by assisting the children to 

7 learn English and meet the challenging State academic 

8 standards described in section 1111(b)(1). In carrying out 

9 activities with such funds, the eligible entity shall use ef10 fective approaches and methodologies for teaching English 

11 learners and immigrant children and youth for the fol12 lowing purposes: 

13 ‘‘(1) Developing and implementing new lan14 guage instruction educational programs and aca15 demic content instruction programs for English 

16 learners and immigrant children and youth, includ17 ing early childhood education programs, elementary 

18 school programs, and secondary school programs. 

19 ‘‘(2) Carrying out highly focused, innovative, lo20 cally designed activities to expand or enhance exist21 ing language instruction educational programs and 

22 academic content instruction programs for English 

23 learners and immigrant children and youth. 

24 ‘‘(3) Implementing, within an individual school, 

25 schoolwide programs for restructuring, reforming, 

26 and upgrading all relevant programs, activities, and 
454 

†S 1177 ES

1 operations relating to language instruction edu2 cational programs and academic content instruction 

3 for English learners and immigrant children and 

4 youth. 

5 ‘‘(4) Implementing, within the entire jurisdic6 tion of a local educational agency, agency-wide pro7 grams for restructuring, reforming, and upgrading 

8 all relevant programs, activities, and operations re9 lating to language instruction educational programs 

10 and academic content instruction for English learn11 ers and immigrant children and youth. 

12 ‘‘(b) DIRECT ADMINISTRATIVE EXPENSES.—Each el13 igible entity receiving funds under section 3114(a) for a 

14 fiscal year may use not more than 2 percent of such funds 

15 for the cost of administering this subpart. 

16 ‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi17 ble entity receiving funds under section 3114(a) shall use 

18 the funds— 

19 ‘‘(1) to increase the English language pro20 ficiency of English learners by providing effective 

21 language instruction educational programs that meet 

22 the needs of English learners and are based on high23 quality research demonstrating success in increas24 ing— 

25 ‘‘(A) English language proficiency; and 
455 

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1 ‘‘(B) student academic achievement; 

2 ‘‘(2) to provide effective professional develop3 ment to classroom teachers (including teachers in 

4 classroom settings that are not the settings of lan5 guage instruction educational programs), principals, 

6 other school leaders, administrators, and other 

7 school or community-based organizational personnel, 

8 that is— 

9 ‘‘(A) designed to improve the instruction 

10 and assessment of English learners; 

11 ‘‘(B) designed to enhance the ability of 

12 such teachers, principals, and other school lead13 ers to understand and implement appropriate 

14 curricula, assessment practices, and instruction 

15 strategies for English learners; 

16 ‘‘(C) effective in increasing children’s 

17 English language proficiency or substantially 

18 increasing the subject matter knowledge, teach19 ing knowledge, and teaching skills of such 

20 teachers; and 

21 ‘‘(D) of sufficient intensity and duration 

22 (which shall not include activities such as 1-day 

23 or short-term workshops and conferences) to 

24 have a positive and lasting impact on the teach25 ers’ performance in the classroom, except that 
456 

†S 1177 ES

1 this subparagraph shall not apply to an activity 

2 that is one component of a long-term, com3 prehensive professional development plan estab4 lished by a teacher and the teacher’s supervisor 

5 based on an assessment of the needs of the 

6 teacher, the supervisor, the students of the 

7 teacher, and any local educational agency em8 ploying the teacher, as appropriate; and 

9 ‘‘(3) to provide and implement effective parent, 

10 family, and community engagement activities in 

11 order to enhance or supplement language instruction 

12 educational programs for English Learners. 

13 ‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Sub14 ject to subsection (c), an eligible entity receiving funds 

15 under section 3114(a) may use the funds to achieve 1 of 

16 the purposes described in subsection (a) by undertaking 

17 1 or more of the following activities: 

18 ‘‘(1) Upgrading program objectives and effec19 tive instructional strategies. 

20 ‘‘(2) Improving the instructional program for 

21 English learners by identifying, acquiring, and up22 grading curricula, instruction materials, educational 

23 software, and assessment procedures. 

24 ‘‘(3) Providing to English learners— 
457 

†S 1177 ES

1 ‘‘(A) tutorials and academic or career and 

2 technical education; 

3 ‘‘(B) intensified instruction, which may in4 clude linguistically responsive materials; and 

5 ‘‘(C) bilingual paraprofessionals, which 

6 may include interpreters and translators. 

7 ‘‘(4) Developing and implementing effective pre8 school, elementary school, or secondary school lan9 guage instruction educational programs that are co10 ordinated with other relevant programs and services. 

11 ‘‘(5) Improving the English language pro12 ficiency and academic achievement of English learn13 ers. 

14 ‘‘(6) Providing community participation pro15 grams, family literacy services, and parent and fam16 ily outreach and training activities to English learn17 ers and their families— 

18 ‘‘(A) to improve the English language 

19 skills of English learners; and 

20 ‘‘(B) to assist parents and families in help21 ing their children to improve their academic 

22 achievement and becoming active participants 

23 in the education of their children. 
458 

†S 1177 ES

1 ‘‘(7) Improving the instruction of English learn2 ers, including English learners with a disability, by 

3 providing for— 

4 ‘‘(A) the acquisition or development of 

5 educational technology or instructional mate6 rials; 

7 ‘‘(B) access to, and participation in, elec8 tronic networks for materials, training, and 

9 communication; and 

10 ‘‘(C) incorporation of the resources de11 scribed in subparagraphs (A) and (B) into cur12 ricula and programs, such as those funded 

13 under this subpart. 

14 ‘‘(8) Carrying out other activities that are con15 sistent with the purposes of this section. 

16 ‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUB17 STANTIAL INCREASES IN IMMIGRANT CHILDREN AND

18 YOUTH.— 

19 ‘‘(1) IN GENERAL.—An eligible entity receiving 

20 funds under section 3114(d)(1) shall use the funds 

21 to pay for activities that provide enhanced instruc22 tional opportunities for immigrant children and 

23 youth, which may include— 

24 ‘‘(A) family literacy, parent and family 

25 outreach, and training activities designed to as-
459 

†S 1177 ES

1 sist parents and families to become active par2 ticipants in the education of their children; 

3 ‘‘(B) recruitment of, and support for per4 sonnel, including early childhood educators, 

5 teachers, paraprofessionals who have been spe6 cifically trained, or are being trained, to provide 

7 services to immigrant children and youth; 

8 ‘‘(C) provision of tutorials, mentoring, and 

9 academic or career counseling for immigrant 

10 children and youth; 

11 ‘‘(D) identification and acquisition of cur12 ricular materials, educational software, and 

13 technologies to be used in the program carried 

14 out with funds; 

15 ‘‘(E) basic instruction services that are di16 rectly attributable to the presence of immigrant 

17 children and youth in the local educational 

18 agency involved, including the payment of costs 

19 of providing additional classroom supplies, costs 

20 of transportation, or such other costs as are di21 rectly attributable to such additional basic in22 structional services; 

23 ‘‘(F) other instructional services that are 

24 designed to assist immigrant children and youth 

25 to achieve in elementary schools and secondary 
460 

†S 1177 ES

1 schools in the United States, such as programs 

2 of introduction to the educational system and 

3 civics education; and 

4 ‘‘(G) activities, coordinated with commu5 nity-based organizations, institutions of higher 

6 education, private sector entities, or other enti7 ties with expertise in working with immigrants, 

8 to assist parents and families of immigrant chil9 dren and youth by offering comprehensive com10 munity services. 

11 ‘‘(2) DURATION OF SUBGRANTS.—The duration 

12 of a subgrant made by a State educational agency 

13 under section 3114(d)(1) shall be determined by the 

14 agency in its discretion. 

15 ‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 

16 ‘‘(1) IN GENERAL.—To receive a subgrant from 

17 a State educational agency under this subpart, an el18 igible entity shall select one or more methods or 

19 forms of effective instruction to be used in the pro20 grams and activities undertaken by the entity to as21 sist English learners to attain English language pro22 ficiency and meet challenging State academic stand23 ards described in section 1111(b)(1). 

24 ‘‘(2) CONSISTENCY.—Such selection shall be 

25 consistent with sections 3124 through 3126. 
461 

†S 1177 ES

1 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds 

2 made available under this subpart shall be used so as to 

3 supplement the level of Federal, State, and local public 

4 funds that, in the absence of such availability, would have 

5 been expended for programs for English learners and im6 migrant children and youth and in no case to supplant 

7 such Federal, State, and local public funds.’’; 

8 (6) in section 3116— 

9 (A) in subsection (b), by striking para10 graphs (1) through (6) and inserting the fol11 lowing: 

12 ‘‘(1) describe the high-quality programs and ac13 tivities proposed to be developed, implemented, and 

14 administered under the subgrant and how these ac15 tivities will help English learners increase their 

16 English language proficiency and meet the chal17 lenging State academic standards described in sec18 tion 1111(b)(1); 

19 ‘‘(2) describe how the eligible entity will ensure 

20 that elementary schools and secondary schools re21 ceiving funds under this subpart assist English 

22 learners in meeting— 

23 ‘‘(A) annual timelines and goals for 

24 progress established under 1111(c)(1)(K) based 
462 

†S 1177 ES

1 on the State’s English language proficiency as2 sessment under section 1111(b)(2)(G); and 

3 ‘‘(B) the challenging State academic stand4 ards described in section 1111(b)(1); 

5 ‘‘(3) describe how the eligible entity will pro6 mote parent, family, and community engagement in 

7 the education of English learners; 

8 ‘‘(4) describe how language instruction edu9 cational programs carried out under the subgrant 

10 will ensure that English learners being served by the 

11 programs develop English proficiency and dem12 onstrate such proficiency through academic content 

13 mastery; 

14 ‘‘(5) contain assurances that— 

15 ‘‘(A) each local educational agency that is 

16 included in the eligible entity is complying with 

17 section 1112(d)(2) prior to, and throughout, 

18 each school year as of the date of application, 

19 and will continue to comply with such section 

20 throughout each school year for which the grant 

21 is received; 

22 ‘‘(B) the eligible entity complies with any 

23 State law, including State constitutional law, 

24 regarding the education of English learners, 

25 consistent with sections 3125 and 3126; 
463 

†S 1177 ES

1 ‘‘(C) the eligible entity has based its pro2 posed plan on high-quality research on teaching 

3 English learners; 

4 ‘‘(D) the eligible entity consulted with 

5 teachers, researchers, school administrators, 

6 parents and family members, community mem7 bers, public or private entities, and institutions 

8 of higher education, in developing and imple9 menting such plan; and 

10 ‘‘(E) the eligible entity will, if applicable, 

11 coordinate activities and share relevant data 

12 under the plan with local Head Start and Early 

13 Head Start agencies, including migrant and 

14 seasonal Head Start agencies, and other early 

15 childhood education providers.’’; 

16 (B) in subsection (c), by striking ‘‘limited 

17 English proficient children’’ and inserting 

18 ‘‘English learners’’; and 

19 (C) by striking subsection (d); 

20 (7) by striking section 3121 and inserting the 

21 following: 

22 ‘‘SEC. 3121. REPORTING. 

23 ‘‘(a) IN GENERAL.—Each eligible entity that receives 

24 a subgrant from a State educational agency under subpart 

25 1 shall provide such agency, at the conclusion of every sec-
464 

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1 ond fiscal year during which the subgrant is received, with 

2 a report, in a form prescribed by the agency, on the activi3 ties conducted and children served under such subpart 

4 that includes— 

5 ‘‘(1) a description of the programs and activi6 ties conducted by the entity with funds received 

7 under subpart 1 during the 2 immediately preceding 

8 fiscal years; 

9 ‘‘(2) the number and percentage of English 

10 learners in the programs and activities who meet the 

11 annual State-determined goals for progress estab12 lished under section 1111(c)(1)(K), including 

13 disaggregated, at a minimum, by— 

14 ‘‘(A) long-term English learners; and 

15 ‘‘(B) English learners with a disability; 

16 ‘‘(3) the number and percentage of English 

17 learners in the programs and activities attaining 

18 English language proficiency based on State English 

19 language proficiency standards established under 

20 section 1111(b)(1)(F) by the end of each school 

21 year, as determined by the State’s English language 

22 proficiency assessment under section 1111(b)(2)(G); 

23 ‘‘(4) the number and percentage of English 

24 learners who exit the language instruction edu-
465 

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1 cational programs based on their attainment of 

2 English language proficiency; 

3 ‘‘(5) the number and percentage of English 

4 learners meeting challenging State academic stand5 ards described in section 1111(b)(1) for each of the 

6 4 years after such children are no longer receiving 

7 services under this part, including disaggregated, at 

8 a minimum, by— 

9 ‘‘(A) long-term English learners; and 

10 ‘‘(B) English learners with a disability; 

11 ‘‘(6) the number and percentage of English 

12 learners who have not attained English language 

13 proficiency within 5 years of initial classification as 

14 an English learner; and 

15 ‘‘(7) any other information as the State edu16 cational agency may require. 

17 ‘‘(b) REPORT.—A report provided by an eligible enti18 ty under subsection (a) shall be used by the entity and 

19 the State educational agency for improvement or pro20 grams and activities under this part. 

21 ‘‘(c) SPECIAL RULE FOR SPECIALLY QUALIFIED

22 AGENCIES.—Each specially qualified agency receiving a 

23 grant under this part shall provide the reports described 

24 in subsection (a) to the Secretary subject to the same re25 quirements as apply to eligible entities providing such 
466 

†S 1177 ES

1 evaluations to State educational agencies under such sub2 section.’’; 

3 (8) in section 3122, as redesignated by section 

4 3001(2)— 

5 (A) in subsection (a)— 

6 (i) by striking ‘‘evaluations’’ and in7 serting ‘‘reports’’; and 

8 (ii) by striking ‘‘children who are lim9 ited English proficient’’ and inserting 

10 ‘‘English learners’’; and 

11 (B) in subsection (b)— 

12 (i) in paragraph (1)— 

13 (I) by striking ‘‘limited English 

14 proficient children’’ and inserting 

15 ‘‘English learners’’; and 

16 (II) by striking ‘‘children who are 

17 limited English proficient’’ and insert18 ing ‘‘English learners’’; 

19 (ii) in paragraph (4), by striking ‘‘sec20 tion 3111(b)(2)(C)’’ and inserting ‘‘section 

21 3111(b)(2)(D)’’; 

22 (iii) in paragraph (6), by striking 

23 ‘‘major findings of scientifically based re24 search carried out under this part’’ and in25 serting ‘‘findings of the evaluation related 
467 

†S 1177 ES

1 to English learners carried out under sec2 tion 9601’’; 

3 (iv) in paragraph (8)— 

4 (I) by striking ‘‘of limited 

5 English proficient children’’ and in6 serting ‘‘of English learners’’; and 

7 (II) by striking ‘‘into classrooms 

8 where instruction is not tailored for 

9 limited English proficient children’’; 

10 and 

11 (v) in paragraph (9), by striking 

12 ‘‘title’’ and inserting ‘‘part’’; 

13 (9) in section 3123, as redesignated by section 

14 3001(2)— 

15 (A) by striking ‘‘children of limited 

16 English proficiency’’ and inserting ‘‘English 

17 learners’’; and 

18 (B) by striking ‘‘limited English proficient 

19 children’’ and inserting ‘‘English learners’’; 

20 (10) in section 3124, as redesignated by section 

21 3001(2)— 

22 (A) in paragraph (1), by striking ‘‘limited 

23 English proficient children’’ and inserting 

24 ‘‘English learners’’; and 
468 

†S 1177 ES

1 (B) in paragraph (2), by striking ‘‘limited 

2 English proficient children’’ and inserting 

3 ‘‘English learners’’; 

4 (11) in section 3128, as redesignated by section 

5 3001(2), by striking ‘‘limited English proficient chil6 dren’’ and inserting ‘‘English learners’’; and 

7 (12) by striking section 3131 and inserting the 

8 following: 

9 ‘‘SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT 

10 PROJECT. 

11 ‘‘The Secretary shall use funds made available under 

12 section 3111(c)(1)(C) to award grants on a competitive 

13 basis, for a period of not more than 5 years, to institutions 

14 of higher education or public or private entities with rel15 evant experience and capacity (in consortia with State 

16 educational agencies or local educational agencies) to pro17 vide for professional development, capacity building, or 

18 evidence-based activities that will improve classroom in19 struction for English learners and assist educational per20 sonnel working with such children to meet high profes21 sional standards, including standards for certification and 

22 licensure as teachers who work in language instruction 

23 educational programs or serve English learners. Grants 

24 awarded under this section may be used— 
469 

†S 1177 ES

1 ‘‘(1) for preservice or inservice effective profes2 sional development programs that will assist local 

3 schools and may assist institutions of higher edu4 cation to upgrade the qualifications and skills of 

5 educational personnel who are not certified or li6 censed, especially educational paraprofessionals, and 

7 for other activities to increase teacher and school 

8 leader effectiveness; 

9 ‘‘(2) for the development of curricula or other 

10 instructional strategies appropriate to the needs of 

11 the consortia participants involved; 

12 ‘‘(3) to support strategies that strengthen and 

13 increase parent, family, and community member en14 gagement in the education of English learners; 

15 ‘‘(4) to develop, share, and disseminate effective 

16 practices in the instruction of English learners and 

17 in increasing the student academic achievement of 

18 English learners, such as through the use of tech19 nology-based programs; 

20 ‘‘(5) in conjunction with other Federal need21 based student financial assistance programs, for fi22 nancial assistance, and costs related to tuition, fees, 

23 and books for enrolling in courses required to com24 plete the degree involved, to meet certification or li25 censing requirements for teachers who work in lan-
470 

†S 1177 ES

1 guage instruction educational programs or serve 

2 English learners; and 

3 ‘‘(6) as appropriate, to support strategies that 

4 promote school readiness of English learners and 

5 their transition from early childhood education pro6 grams, such as Head Start or State-run preschool 

7 programs to elementary school programs.’’. 

8 SEC. 3004. OTHER PROVISIONS. 

9 Part B of title III, as redesignated by section 

10 3001(4), is amended— 

11 (1) in section 3201, as redesignated by section 

12 3001(5)— 

13 (A) by striking paragraphs (3), (4), and 

14 (5); 

15 (B) by inserting after paragraph (2) the 

16 following: 

17 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en18 tity’ means— 

19 ‘‘(A) one or more local educational agen20 cies; or 

21 ‘‘(B) one or more local educational agen22 cies, in collaboration with an institution of high23 er education, educational service agency, com24 munity-based organization, or State educational 

25 agency. 
471 

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1 ‘‘(4) ENGLISH LEARNER WITH A DISABILITY.— 

2 The term ‘English learner with a disability’ means 

3 an English learner who is also a child with a dis4 ability, as that term is defined in section 602 of the 

5 Individuals with Disabilities Education Act.’’; 

6 (C) by redesignating paragraphs (6) 

7 through (8) as paragraphs (5) through (7), re8 spectively; 

9 (D) in paragraph (7)(A), as redesignated 

10 by subparagraph (C), by striking ‘‘a limited 

11 English proficient child’’ and inserting ‘‘an 

12 English learner’’; 

13 (E) by inserting after paragraph (7) the 

14 following: 

15 ‘‘(8) LONG-TERM ENGLISH LEARNER.—The 

16 term ‘long-term English learner’ means an English 

17 learner who has attended schools in the United 

18 States for not less than 5 years and who has not yet 

19 exited from English learner status by the culmina20 tion of the fifth year of services.’’; and 

21 (F) in paragraph (13), by striking ‘‘, as 

22 defined in section 3141,’’; and 

23 (2) in section 3202, as redesignated by section 

24 3001(5)— 
472 

†S 1177 ES

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

2 by striking ‘‘limited English proficient children’’ 

3 and inserting ‘‘English learners’’; and 

4 (B) in paragraph (4)— 

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

6 ‘‘limited English proficient children’’ and 

7 inserting ‘‘English learners, including 

8 English learners with a disability (as de9 fined in section 3141), that includes infor10 mation on best practices on instructing 

11 and serving English learners’’; and 

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

13 ‘‘limited English proficient children’’ and 

14 inserting ‘‘English learners’’; and 

15 (3) in section 3203, as redesignated by section 

16 3001(5)— 

17 (A) by striking ‘‘limited English proficient 

18 individuals’’ and inserting ‘‘English learners’’; 

19 and 

20 (B) by striking ‘‘limited English proficient 

21 children’’ and inserting ‘‘English learners’’. 

22 SEC. 3005. AMERICAN COMMUNITY SURVEY RESEARCH. 

23 (a) STUDY.—The Director of the Institute of Edu24 cation Sciences and the Secretary of Education, in con25 sultation with the Director of the Bureau of the Census, 
473 

†S 1177 ES

1 shall conduct research on the accuracy of the American 

2 Community Survey language items for assessing popu3 lation prevalence of English learner children and youth, 

4 including— 

5 (1) the strength of such survey’s association 

6 with more comprehensive English language pro7 ficiency measures; 

8 (2) the effects on responses of situational, cul9 tural, demographic, and socioeconomic factors; 

10 (3) placement of the item in the questionnaire; 

11 and 

12 (4) the ability of adult responders to make 

13 English language proficiency distinctions. 

14 (b) IMPLEMENTATION.—The Director of the Bureau 

15 of the Census shall use the results of the study described 

16 in subsection (a) to improve the accuracy of the American 

17 Community Survey language items for assessing popu18 lation prevalence of English learner students. 

19 TITLE IV—SAFE AND HEALTHY 

20 STUDENTS 

21 SEC. 4001. GENERAL PROVISIONS. 

22 Title IV (20 U.S.C. 7101 et seq.) is amended— 

23 (1) by redesignating subpart 3 of part A as 

24 subpart 5 of part F of title IX, as redesignated by 

25 section 9106(1), and moving that subpart to follow 
474 

†S 1177 ES

1 subpart 4 of part F of title IX, as redesignated by 

2 sections 2001 and 9106(1); 

3 (2) by redesignating section 4141 as section 

4 9561; 

5 (3) by redesignating section 4155 as section 

6 9537 and moving that section so as to follow section 

7 9536; 

8 (4) by redesignating part C as subpart 6 of 

9 part F of title IX, as redesignated by section 

10 9106(1), and moving that subpart to follow subpart 

11 5 of part F of title IX, as redesignated by section 

12 9106(1) and paragraph (1); 

13 (5) by redesignating sections 4301, 4302, 4303, 

14 and 4304, as sections 9571, 9572, 9573, and 9574, 

15 respectively; and 

16 (6) by striking the title heading and inserting 

17 the following: 

18 ‘‘TITLE IV—SAFE AND HEALTHY 

19 STUDENTS’’. 

20 SEC. 4002. GRANTS TO STATES AND LOCAL EDUCATIONAL 

21 AGENCIES. 

22 Part A of title IV (20 U.S.C. 7101 et seq.) is amend23 ed to read as follows: 
475 

†S 1177 ES

1 ‘‘PART A—GRANTS TO STATES AND LOCAL 

2 EDUCATIONAL AGENCIES 

3 ‘‘SEC. 4101. PURPOSE. 

4 ‘‘The purpose of this part is to improve students’ 

5 safety, health, well-being, and academic achievement dur6 ing and after the school day by— 

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

8 agencies, schools, and local communities to improve 

9 conditions for learning through the creation of safe, 

10 healthy, supportive, and drug-free environments; 

11 ‘‘(2) carrying out programs designed to improve 

12 school safety and promote students’ physical and 

13 mental health and well-being; 

14 ‘‘(3) preventing and reducing substance use and 

15 abuse, school violence, harassment, and bullying; and 

16 ‘‘(4) strengthening parent and community en17 gagement to ensure a healthy, safe, and supportive 

18 school environment. 

19 ‘‘SEC. 4102. DEFINITIONS. 

20 ‘‘In this part: 

21 ‘‘(1) CONTROLLED SUBSTANCE.—The term 

22 ‘controlled substance’ means a drug or other sub23 stance identified under Schedule I, II, III, IV, or V 

24 in section 202(c) of the Controlled Substances Act 

25 (21 U.S.C. 812(c)). 
476 

†S 1177 ES

1 ‘‘(2) DRUG.—The term ‘drug’ includes con2 trolled substances, the illegal use of alcohol or to3 bacco (including smokeless tobacco products and 

4 electronic cigarettes), and the harmful, abusive, or 

5 addictive use of substances, including inhalants and 

6 anabolic steroids. 

7 ‘‘(3) DRUG AND VIOLENCE PREVENTION.—The 

8 term ‘drug and violence prevention’ means— 

9 ‘‘(A) with respect to drugs, prevention, 

10 early intervention, rehabilitation referral, recov11 ery support services, or education related to the 

12 illegal use of drugs, such as raising awareness 

13 about the evidence-based consequences of drug 

14 use; and 

15 ‘‘(B) with respect to violence, the pro16 motion of school safety, such that students and 

17 school personnel are free from violent and dis18 ruptive acts, including sexual harassment and 

19 abuse, and victimization associated with preju20 dice and intolerance, on school premises, going 

21 to and from school, and at school-sponsored ac22 tivities, through the creation and maintenance 

23 of a school environment that is free of weapons 

24 and fosters individual responsibility and respect 

25 for the rights of others. 
477 

†S 1177 ES

1 ‘‘(4) SCHOOL-BASED MENTAL HEALTH SERV2 ICES PROVIDER.—The term ‘school-based mental 

3 health services provider’ includes a State licensed or 

4 State certified school counselor, school psychologist, 

5 school social worker, or other State licensed or cer6 tified mental health professional qualified under 

7 State law to provide such mental health services to 

8 children and adolescents, including children in early 

9 childhood education programs. 

10 ‘‘(5) STATE.—The term ‘State’ means each of 

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

12 Commonwealth of Puerto Rico. 

13 ‘‘SEC. 4103. FORMULA GRANTS TO STATES. 

14 ‘‘(a) RESERVATIONS.—From the total amount appro15 priated under section 4108 for a fiscal year, the Secretary 

16 shall reserve— 

17 ‘‘(1) not more than 5 percent for national ac18 tivities, which the Secretary may carry out directly 

19 or through grants, contracts, or agreements with 

20 public or private entities or individuals, or other 

21 Federal agencies, such as providing technical assist22 ance to States and local educational agencies car23 rying out activities under this part or conducting a 

24 national evaluation; 
478 

†S 1177 ES

1 ‘‘(2) one-half of 1 percent for allotments for the 

2 United States Virgin Islands, Guam, American 

3 Samoa, and the Commonwealth of the Northern 

4 Mariana Islands, to be distributed among those out5 lying areas on the basis of their relative need, as de6 termined by the Secretary, in accordance with the 

7 purpose of this part; 

8 ‘‘(3) one-half of 1 percent for the Secretary of 

9 the Interior for programs under this part in schools 

10 operated or funded by the Bureau of Indian Edu11 cation; and 

12 ‘‘(4) such funds as may be necessary for the 

13 Project School Emergency Response to Violence pro14 gram (referred to as ‘Project SERV’), which is au15 thorized to provide education-related services to local 

16 educational agencies and institutions of higher edu17 cation in which the learning environment has been 

18 disrupted due to a violent or traumatic crisis, and 

19 which funds shall remain available for obligation 

20 until expended. 

21 ‘‘(b) STATE ALLOTMENTS.— 

22 ‘‘(1) ALLOTMENT.— 

23 ‘‘(A) IN GENERAL.—In accordance with 

24 subparagraph (B), the Secretary shall allot 

25 among each of the States the total amount 
479 

†S 1177 ES

1 made available to carry out this part for any 

2 fiscal year and not reserved under subsection 

3 (a). 

4 ‘‘(B) DETERMINATION OF STATE ALLOT5 MENT AMOUNTS.—Subject to paragraph (2), 

6 the Secretary shall allot the amount made avail7 able under subparagraph (A) for a fiscal year 

8 among the States in proportion to the number 

9 of individuals, aged 5 to 17, who reside within 

10 the State and are from families with incomes 

11 below the poverty line for the most recent fiscal 

12 year for which satisfactory data are available, 

13 compared to the number of such individuals 

14 who reside in all such States for that fiscal 

15 year. 

16 ‘‘(2) SMALL STATE MINIMUM.—No State receiv17 ing an allotment under paragraph (1) shall receive 

18 less than one-half of 1 percent of the total amount 

19 allotted under such paragraph. 

20 ‘‘(3) PUERTO RICO.—The amount allotted 

21 under subparagraph (A) to the Commonwealth of 

22 Puerto Rico for a fiscal year may not exceed one23 half of 1 percent of the total amount allotted under 

24 such subparagraph. 
480 

†S 1177 ES

1 ‘‘(4) REALLOTMENT.—If a State does not re2 ceive an allotment under this part for a fiscal year, 

3 the Secretary shall reallot the amount of the State’s 

4 allotment to the remaining States in accordance with 

5 this section. 

6 ‘‘(c) STATE USE OF FUNDS.— 

7 ‘‘(1) IN GENERAL.—Each State that receives an 

8 allotment under this section shall reserve not less 

9 than 95 percent of the amount allotted to such State 

10 under subsection (b), for each fiscal year, for sub11 grants to local educational agencies, which may in12 clude consortia of such agencies, under section 4104. 

13 ‘‘(2) STATE ADMINISTRATION.—A State edu14 cational agency shall use not more than 1 percent of 

15 the amount made available to the State under sub16 section (b) for the administrative costs of carrying 

17 out its responsibilities under this part. 

18 ‘‘(3) STATE ACTIVITIES.—A State educational 

19 agency shall use the amount made available to the 

20 State under subsection (b) and not reserved under 

21 paragraph (1) for activities and programs designed 

22 to meet the purposes of this part, which— 

23 ‘‘(A) shall include— 

24 ‘‘(i) providing training, technical as25 sistance, and capacity building to local 
481 

†S 1177 ES

1 educational agencies that are recipients of 

2 a subgrant under section 4104, which may 

3 include identifying and disseminating best 

4 practices for professional development and 

5 capacity building for teachers, administra6 tors, and specialized instructional support 

7 personnel in schools that are served by 

8 local educational agencies under this part; 

9 and 

10 ‘‘(ii) publicly reporting on how funds 

11 made available under this part are being 

12 expended by local educational agencies 

13 under section 4104; and 

14 ‘‘(B) may include— 

15 ‘‘(i) identifying and eliminating State 

16 barriers to the coordination and integra17 tion of programs, initiatives, and funding 

18 streams that meet the purposes of this 

19 part, so that local educational agencies can 

20 better coordinate with other agencies, 

21 schools and community-based services and 

22 programs; 

23 ‘‘(ii) assisting local educational agen24 cies to expand access to or coordination of 

25 resources for school-based counseling and 
482 

†S 1177 ES

1 mental health programs, such as through 

2 school-based mental health services part3 nership programs described in section 

4 4105(a)(4)(C); 

5 ‘‘(iii) supporting programs and activi6 ties that offer a variety of well-rounded 

7 educational experiences to students; 

8 ‘‘(iv) supporting activities that pro9 mote physical and mental health and well10 being for students and staff; 

11 ‘‘(v) designing and implementing a 

12 grant process for local entities that wish to 

13 use funds to reduce exclusionary discipline 

14 practices in elementary schools and sec15 ondary schools, in a manner consistent 

16 with State or federally identified best prac17 tices on the subject; 

18 ‘‘(vi) assisting in the creation of a 

19 continuum of evidence-based or promising 

20 practices in the reduction of juvenile delin21 quency; 

22 ‘‘(vii) promoting gender equity in edu23 cation by supporting local educational 

24 agencies in meeting the requirements of 
483 

†S 1177 ES

1 title IX of the Education Amendments of 

2 1972 (20 U.S.C. 1681 et seq.); 

3 ‘‘(viii) providing local educational 

4 agencies with evidence-based resources— 

5 ‘‘(I) addressing— 

6 ‘‘(aa) student athletic safety, 

7 such as developing a plan for 

8 concussion safety and recovery 

9 practices (which may include 

10 policies that prohibit student ath11 letes suspected of having a con12 cussion from returning to play 

13 the same day); 

14 ‘‘(bb) cardiac conditions 

15 such as cardiomyopathy; and 

16 ‘‘(cc) exposure to excessive 

17 heat and humidity; and 

18 ‘‘(II) relating to the development 

19 of recommended guidelines for an 

20 emergency action plan for youth ath21 letics; 

22 ‘‘(ix) designing and implementing evi23 dence-based mental health awareness train24 ing programs for the purposes of— 
484 

†S 1177 ES

1 ‘‘(I) recognizing the signs and 

2 symptoms of mental illness; 

3 ‘‘(II) providing education to 

4 school personnel regarding resources 

5 available in the community for stu6 dents with mental illnesses and other 

7 relevant resources relating to mental 

8 health; or 

9 ‘‘(III) providing education to 

10 school personal regarding the safe de11 escalation of crisis situations involving 

12 a student with a mental illness; and 

13 ‘‘(x) other activities identified by the 

14 State that meet the purposes of this part. 

15 ‘‘(d) STATE PLAN.— 

16 ‘‘(1) IN GENERAL.—In order to receive an allot17 ment under this section for any fiscal year, a State 

18 shall submit a plan to the Secretary, at such time 

19 and in such manner as the Secretary may reason20 ably require. 

21 ‘‘(2) CONTENTS.—Each plan submitted by a 

22 State under this section shall include the following: 

23 ‘‘(A) A description of how the State edu24 cational agency will use funds received under 

25 this part for State-level activities. 
485 

†S 1177 ES

1 ‘‘(B) A description of program objectives 

2 and outcomes for activities under this part. 

3 ‘‘(C) An assurance that the State edu4 cational agency will review existing resources 

5 and programs across the State and will coordi6 nate any new plans and resources under this 

7 part with such existing programs and resources. 

8 ‘‘(D) An assurance that the State edu9 cational agency will monitor the implementation 

10 of activities under this part and provide tech11 nical assistance to local educational agencies in 

12 carrying out such activities. 

13 ‘‘(3) ANNUAL REPORT.—Each State receiving a 

14 grant under this part shall annually prepare and 

15 submit a report to the Secretary, which shall in16 clude— 

17 ‘‘(A) how the State and local educational 

18 agencies used funds provided under this part; 

19 and 

20 ‘‘(B) the degree to which the State and 

21 local educational agencies have made progress 

22 toward meeting the objectives and outcomes de23 scribed in the plan submitted by the State 

24 under paragraph (2)(B). 

25 ‘‘(e) PROJECT SERV.— 
486 

†S 1177 ES

1 ‘‘(1) ADDITIONAL USE OF FUNDS.—Funds 

2 available under subsection (a)(4) for extended serv3 ices grants under the Project School Emergency Re4 sponse to Violence program (referred to in this sub5 section as the ‘Project SERV program’) may be 

6 used by a local educational agency or institution of 

7 higher education receiving such grant to initiate or 

8 strengthen violence prevention activities, as part of 

9 the activities designed to restore the learning envi10 ronment that was disrupted by the violent or trau11 matic crisis in response to which the grant was 

12 awarded, and as provided in this subsection. 

13 ‘‘(2) APPLICATION PROCESS.— 

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

15 agency or institution of higher education desir16 ing to use a portion of extended services grant 

17 funds under the Project SERV program to ini18 tiate or strengthen a violence prevention activity 

19 shall— 

20 ‘‘(i) submit, in an application that 

21 meets all requirements of the Secretary for 

22 the Project SERV program, the informa23 tion described in subparagraph (B); or 

24 ‘‘(ii) in the case of a local educational 

25 agency or institution of higher education 
487 

†S 1177 ES

1 that has already received an extended serv2 ices grant under the Project SERV pro3 gram, submit an addition to the original 

4 application that includes the information 

5 described in subparagraph (B). 

6 ‘‘(B) APPLICATION REQUIREMENTS.—The 

7 information required under this subparagraph 

8 is the following: 

9 ‘‘(i) A demonstration that there is a 

10 continued disruption or a substantial risk 

11 of disruption to the learning environment 

12 that would be addressed by such activity. 

13 ‘‘(ii) An explanation of the proposed 

14 activity designed to restore and preserve 

15 the learning environment. 

16 ‘‘(iii) A budget and budget narrative 

17 for the proposed activity. 

18 ‘‘(3) AWARD BASIS.—Any award of funds under 

19 the Project SERV program for violence prevention 

20 activities under this subsection shall be subject to 

21 the discretion of the Secretary and the availability of 

22 funds. 

23 ‘‘(4) PROHIBITED USE.—No funds provided to 

24 a local educational agency or institution of higher 

25 education under the Project SERV program for vio-
488 

†S 1177 ES

1 lence prevention activities may be used for construc2 tion, renovation, or repair of a facility or for the per3 manent infrastructure of the local educational agen4 cy or institution. 

5 ‘‘SEC. 4104. SUBGRANTS TO LOCAL EDUCATIONAL AGEN6 CIES. 

7 ‘‘(a) ALLOCATIONS TO LOCAL EDUCATIONAL AGEN8 CIES.— 

9 ‘‘(1) IN GENERAL.—A State that receives an al10 lotment under this part for a fiscal year shall pro11 vide the amount made available under section 

12 4103(c)(1) for subgrants to local educational agen13 cies, which may include consortia of such agencies, 

14 in accordance with this section. 

15 ‘‘(2) FUNDS TO LOCAL EDUCATIONAL AGEN16 CIES.—From the funds reserved by a State under 

17 section 4103(c)(1), the State shall allocate to each 

18 local educational agency or consortium of such agen19 cies in the State an amount that bears the same re20 lationship to such funds as the number of individ21 uals aged 5 to 17 from families with incomes below 

22 the poverty line in the geographic area served by the 

23 agency, as determined by the Secretary on the basis 

24 of the most recent satisfactory data, bears to the 

25 number of such individuals in the geographic areas 
489 

†S 1177 ES

1 served by all the local educational agencies in the 

2 State, as so determined. 

3 ‘‘(3) ADMINISTRATIVE COSTS.—Of the amount 

4 received under paragraph (2), a local educational 

5 agency or consortium of such agencies may use not 

6 more than 2 percent for the direct administrative 

7 costs of carrying out its responsibilities under this 

8 part. 

9 ‘‘(b) LOCAL APPLICATIONS.— 

10 ‘‘(1) IN GENERAL.—To be eligible to receive a 

11 subgrant under this section, a local educational 

12 agency or consortium of such agencies shall submit 

13 an application to the State educational agency at 

14 such time, in such manner, and containing such in15 formation as the State educational agency may rea16 sonably require. 

17 ‘‘(2) CONSULTATION.— 

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

19 agency or consortium of such agencies shall 

20 conduct a needs assessment described in para21 graph (3), and develop its application, through 

22 consultation with parents, teachers, principals, 

23 school leaders, specialized instructional support 

24 personnel, early childhood educators, students, 

25 community-based organizations, local govern-
490 

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1 ment representatives (which may include a local 

2 law enforcement agency, local juvenile court, 

3 local child welfare agency, or local public hous4 ing agency), Indian tribes or tribal organiza5 tions (if applicable) that may be located in the 

6 region served by the local educational agency, 

7 and others with relevant and demonstrated ex8 pertise in programs and activities designed to 

9 meet the purpose of this part. 

10 ‘‘(B) CONTINUED CONSULTATION.—On an 

11 ongoing basis, the local educational agency or 

12 consortium of such agencies shall consult with 

13 the individuals and organizations described in 

14 subparagraph (A) in order to seek advice re15 garding how best— 

16 ‘‘(i) to improve the local activities in 

17 order to meet the purpose of this part; and 

18 ‘‘(ii) to coordinate such activities 

19 under this part with other related strate20 gies, programs, and activities being con21 ducted in the community. 

22 ‘‘(3) NEEDS ASSESSMENT.— 

23 ‘‘(A) IN GENERAL.—To be eligible to re24 ceive a subgrant under this section, a local edu25 cational agency or consortium of such agencies 
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1 shall conduct a comprehensive needs assessment 

2 of the local educational agency or agencies pro3 posed to be served and of all schools within the 

4 jurisdiction of the local educational agency or 

5 agencies proposed to be served. 

6 ‘‘(B) REQUIREMENTS.—In conducting the 

7 needs assessment required under subparagraph 

8 (A), the local educational agency or consortium 

9 of such agencies shall— 

10 ‘‘(i) take into account applicable and 

11 available school-level data on indicators or 

12 measures of school quality, climate and 

13 safety, and discipline, including those de14 scribed in section 1111(d)(1)(C)(v); and 

15 ‘‘(ii) take into account risk factors in 

16 the community, school, family, or peer-in17 dividual domains that— 

18 ‘‘(I) are known through prospec19 tive, longitudinal research efforts to 

20 be predictive of drug use, violent be21 havior, harassment, disciplinary 

22 issues, and to have an effect on the 

23 physical and mental health and well24 being of youth in the school and com25 munity; and 
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1 ‘‘(II) may include using available 

2 State and local data on incidence, 

3 prevalence, and perception of such 

4 risk factors. 

5 ‘‘(4) CONTENTS.—Each application submitted 

6 under this subsection shall be based on the needs as7 sessment described in paragraph (3) and shall in8 clude the following: 

9 ‘‘(A) The results of the needs assessment 

10 described in paragraph (3) and an identification 

11 of each school that will be served by a subgrant 

12 under this section. 

13 ‘‘(B) A description of the activities that 

14 the local educational agency or consortium of 

15 such agencies will carry out under this part and 

16 how these activities are aligned with the results 

17 of the needs assessment conducted under para18 graph (3). 

19 ‘‘(C) A description of the performance in20 dicators that the local educational agency or 

21 consortium of such agencies will use to evaluate 

22 the effectiveness of the activities carried out 

23 under this section. 

24 ‘‘(D) a description of the programs or ac25 tivities that the local educational agency or con-
493 

†S 1177 ES

1 sortium of such agencies will carry out under 

2 this part to assist schools in facilitating safe re3 lationship behavior between and among stu4 dents, as determined necessary by the local edu5 cational agency to meet the purposes of this 

6 part and which may include— 

7 ‘‘(i) providing age-appropriate edu8 cation and training, and 

9 ‘‘(ii) improving instructional practices 

10 on developing effective communication 

11 skills, and on how to recognize and prevent 

12 coercion, violence, or abuse, including teen 

13 and dating violence, stalking, domestic 

14 abuse, and sexual violence and harassment. 

15 ‘‘(E) An assurance that such activities will 

16 comply with the principles of effectiveness de17 scribed in section 4105(b), and foster a healthy, 

18 safe, and supportive school environment that 

19 improves students’ safety, health, and well20 being during and after the school day. 

21 ‘‘(F) An assurance that the local edu22 cational agency or consortium of such agencies 

23 will prioritize the distribution of funds to 

24 schools served by the local educational agency 

25 or consortium of such agencies that— 
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1 ‘‘(i) are among the schools with the 

2 greatest needs as identified through the 

3 needs assessment conducted under para4 graph (3); 

5 ‘‘(ii) have the highest percentages or 

6 numbers of children counted under section 

7 1124(c); 

8 ‘‘(iii) are identified under section 

9 1114(a)(1)(A); or 

10 ‘‘(iv) are identified as a persistently 

11 dangerous public elementary school or sec12 ondary school under section 9532. 

13 ‘‘(G) An assurance that the local edu14 cational agency or consortium of such agencies 

15 will comply with section 9501 (regarding equi16 table participation by private school children 

17 and teachers). 

18 ‘‘SEC. 4105. LOCAL EDUCATIONAL AGENCY AUTHORIZED 

19 ACTIVITIES. 

20 ‘‘(a) LOCAL EDUCATIONAL AGENCY ACTIVITIES.—A 

21 local educational agency or consortium of such agencies 

22 that receives a subgrant under section 4104 shall use the 

23 subgrant funds to develop, implement, and evaluate com24 prehensive programs and activities, which are coordinated 

25 with other schools and community-based services and pro-
495 

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1 grams and may be conducted in partnership with non2 profit organizations with a demonstrated record of success 

3 in implementing activities, that are in accordance with the 

4 purpose of this part and— 

5 ‘‘(1) foster safe, healthy, supportive, and drug6 free environments that support student academic 

7 achievement; 

8 ‘‘(2) are consistent with the principles of effec9 tiveness described in subsection (b); 

10 ‘‘(3) promote the involvement of parents in the 

11 activity or program, as appropriate; and 

12 ‘‘(4) may include, among other programs and 

13 activities— 

14 ‘‘(A) drug and violence prevention activi15 ties and programs (including programs to edu16 cate students against the use of alcohol, to17 bacco, marijuana, smokeless tobacco products, 

18 and electronic cigarettes), including professional 

19 development and training for school and spe20 cialized instructional support personnel and in21 terested community members in prevention, 

22 education, early identification, and intervention 

23 mentoring, recovery support services, and, 

24 where appropriate, rehabilitation referral, as re25 lated to drug and violence prevention; 
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1 ‘‘(B) programs that support extended 

2 learning opportunities, including before- and 

3 after-school programs and activities, programs 

4 during summer recess periods, and expanded 

5 learning time; 

6 ‘‘(C) in accordance with subsections (c) 

7 and (d), school-based mental health services, in8 cluding early identification of mental-health 

9 symptoms, drug use and violence, and appro10 priate referrals to direct individual or group 

11 counseling services provided by qualified school 

12 or community-based mental health services pro13 viders; 

14 ‘‘(D) in accordance with subsections (c) 

15 and (d), school-based mental health services 

16 partnership programs that— 

17 ‘‘(i) are conducted in partnership with 

18 a public or private mental-health entity or 

19 health care entity, which may also include 

20 a child welfare agency, family-based mental 

21 health entity, trauma network, or other 

22 community-based entity; and 

23 ‘‘(ii) provide comprehensive school24 based mental health services and supports 

25 and staff development for school and com-
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1 munity personnel working in the school 

2 that are based on trauma-informed and 

3 evidence practices, are coordinated (where 

4 appropriate) with early intervening services 

5 carried out under the Individuals with Dis6 abilities Education Act, are provided by 

7 qualified mental and behavioral health pro8 fessionals who are certified or licensed by 

9 the State involved and practicing within 

10 their area of expertise, and may include— 

11 ‘‘(I) the early identification of so12 cial, emotional, or behavioral prob13 lems, or substance use disorders, and 

14 the provision of early intervening serv15 ices; 

16 ‘‘(II) notwithstanding section 

17 4107, the treatment or referral for 

18 treatment of students with social, 

19 emotional, or behavioral health prob20 lems, or substance use disorders; 

21 ‘‘(III) the development and im22 plementation of programs to assist 

23 children in dealing with trauma and 

24 violence; and 
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1 ‘‘(IV) the development of mecha2 nisms, based on best practices, for 

3 children to report incidents of violence 

4 or plans by other children or adults to 

5 commit violence; 

6 ‘‘(E) emergency planning and intervention 

7 services following traumatic crisis events; 

8 ‘‘(F) programs that train school personnel 

9 to identify warning signs of youth drug abuse 

10 and suicide; 

11 ‘‘(G) mentoring programs and activities for 

12 children who— 

13 ‘‘(i) are at risk of academic failure, 

14 dropping out of school, or involvement in 

15 criminal or delinquent activities, drug use 

16 and abuse; or 

17 ‘‘(ii) lack strong positive role models; 

18 ‘‘(H) early childhood, elementary school, 

19 and secondary school counseling programs, in20 cluding college and career guidance programs, 

21 such as— 

22 ‘‘(i) postsecondary education and ca23 reer awareness and exploration activities; 

24 ‘‘(ii) efforts to enhance the use of in25 formation about local workforce needs in 
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1 postsecondary education and career guid2 ance programs, which may include training 

3 counselors to effectively utilize labor mar4 ket information in assisting students with 

5 postsecondary education and career plan6 ning; 

7 ‘‘(iii) the development of personalized 

8 learning plans for students; and 

9 ‘‘(iv) financial literacy and Federal fi10 nancial aid awareness activities; 

11 ‘‘(I) programs or activities that support a 

12 healthy, active lifestyle, including nutritional 

13 education and regular, structured physical edu14 cation programs for early childhood, elementary 

15 school, and secondary school students; 

16 ‘‘(J) implementation of schoolwide positive 

17 behavioral interventions and supports, including 

18 through coordination with similar activities car19 ried out under the Individuals with Disabilities 

20 Education Act, in order to improve academic 

21 outcomes for students and reduce the need for 

22 suspensions, expulsions, and other actions that 

23 remove students from instruction; 
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1 ‘‘(K) programs and activities that offer a 

2 variety of well-rounded educational experience 

3 for students, such as those that— 

4 ‘‘(i) use music and the arts as tools to 

5 promote constructive student engagement, 

6 problem solving, and conflict resolution; 

7 ‘‘(ii) further students’ understanding 

8 and knowledge of computer science from 

9 elementary school through secondary 

10 school; or 

11 ‘‘(iii) promote volunteerism and com12 munity service; 

13 ‘‘(L) systems of high-capacity, integrated 

14 student supports; 

15 ‘‘(M) strategies that establish learning en16 vironments to further students’ academic and 

17 nonacademic skills essential for school readiness 

18 and academic success, such as by providing in19 tegrated systems of student and family supports 

20 and building teacher, principal, and other 

21 school leader capacity; 

22 ‘‘(N) bullying and harassment prevention 

23 programs or activities, including professional 

24 development and training for school and spe25 cialized instructional support personnel in the 
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1 prevention, early identification, and early inter2 vention, as related to bullying and harassment; 

3 ‘‘(O) programs or activities designed to in4 crease school safety and improve school climate, 

5 which may include training for school personnel 

6 related to conflict prevention and resolution 

7 practices and raising awareness of issues such 

8 as— 

9 ‘‘(i) suicide prevention; 

10 ‘‘(ii) effective and trauma-informed 

11 practices in classroom management; 

12 ‘‘(iii) crisis management techniques; 

13 ‘‘(iv) conflict resolution practices; 

14 ‘‘(v) human trafficking (defined, for 

15 purposes of this subparagraph, as an act 

16 or practice described in paragraph (9) or 

17 (10) of section 103 of the Trafficking Vic18 tims Protection Act of 2000 (22 U.S.C. 

19 7102)); and 

20 ‘‘(vi) school-based violence prevention 

21 strategies; 

22 ‘‘(P) programs or activities that integrate 

23 health and safety practices into school or ath24 letic programs, such as developing a plan for 

25 concussion safety and recovery or cardiac safety 
502 

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1 or implementing an excessive heat action plan 

2 to be used during school-sponsored athletic ac3 tivities; 

4 ‘‘(Q) pay-for-success initiatives that 

5 produce a measurable, clearly defined outcome 

6 that results in social benefit and direct cost sav7 ings to the local, State, or Federal Government; 

8 ‘‘(R) programs or activities to connect 

9 youth who are involved in, or are at risk of in10 volvement in, juvenile delinquency or street 

11 gang activity to evidence-based and promising 

12 prevention and intervention practices related to 

13 juvenile delinquency and criminal street gang 

14 activity; 

15 ‘‘(S) child sexual abuse awareness and pre16 vention programs or activities, such as pro17 grams or activities designed to provide— 

18 ‘‘(i) age-appropriate and develop19 mentally-appropriate instruction for early 

20 childhood education program, elementary 

21 school, and secondary school students in 

22 child sexual abuse awareness and preven23 tion, including how to recognize child sex24 ual abuse and how to safely report child 

25 sexual abuse; and 
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1 ‘‘(ii) information to parents and 

2 guardians of early childhood education pro3 gram, elementary school, and secondary 

4 school students about child sexual abuse 

5 awareness and prevention, including how 

6 to recognize child sexual abuse and how to 

7 discuss child sexual abuse with a child; 

8 ‘‘(T) the development and implementation 

9 of a school asthma management plan; 

10 ‘‘(U) assisting schools in educating chil11 dren facing substance abuse in the home, which 

12 may include providing professional development, 

13 training, and technical assistance to elementary 

14 schools and secondary schools that serve com15 munities with high rates of substance abuse; 

16 ‘‘(V) instructional and support activities 

17 and programs, such as activities and programs 

18 addressing chronic disease management, led by 

19 school nurses, nurse practitioners, social work20 ers, and other appropriate specialists or profes21 sionals to help maintain the well-being of stu22 dents; 

23 ‘‘(W) programs and activities that facili24 tate safe relationship behavior between and 

25 among students; 
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1 ‘‘(X) designating a site resource coordi2 nator at a school or local educational agency to 

3 provide a variety of services, such as— 

4 ‘‘(i) establishing partnerships within 

5 the community to provide resources and 

6 support for schools; 

7 ‘‘(ii) ensuring all service and commu8 nity partners are aligned with the aca9 demic expectations of a community school 

10 in order to improve student success; and 

11 ‘‘(iii) strengthening relationships be12 tween schools and communities; and 

13 ‘‘(Y) other activities and programs identi14 fied as necessary by the local educational agen15 cy through the needs assessment conducted 

16 under section 4104(b)(3) that will increase stu17 dent achievement and otherwise meet the pur18 pose of this part. 

19 ‘‘(b) PRINCIPLES OF EFFECTIVENESS.— 

20 ‘‘(1) IN GENERAL.—For a program or activity 

21 developed or carried out under this part to meet 

22 principles of effectiveness, such program or activity 

23 shall— 

24 ‘‘(A) be based upon an assessment of ob25 jective data regarding the need for programs 
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†S 1177 ES

1 and activities in the early childhood, elementary 

2 school, secondary school, or community to be 

3 served to— 

4 ‘‘(i) improve school safety and pro5 mote students’ physical and mental health 

6 and well-being, healthy eating and nutri7 tion, and physical fitness; and 

8 ‘‘(ii) strengthen parent and commu9 nity engagement to ensure a healthy, safe, 

10 and supportive school environment; 

11 ‘‘(B) be based upon established State re12 quirements and evidence-based criteria aimed at 

13 ensuring a healthy, safe, and supportive school 

14 environment for students in the early childhood, 

15 elementary school, secondary school, or commu16 nity that will be served by the program; and 

17 ‘‘(C) include meaningful and ongoing con18 sultation with and input from teachers, prin19 cipals, school leaders, and parents in the devel20 opment of the application and administration of 

21 the program or activity. 

22 ‘‘(2) PERIODIC EVALUATION.— 

23 ‘‘(A) IN GENERAL.—The program or activ24 ity shall undergo a periodic independent, third25 party evaluation to assess the extent to which 
506 

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1 the program or activity has helped the local 

2 educational agency or school provide students 

3 with a healthy, safe, and supportive school envi4 ronment that promotes school safety and stu5 dents’ physical and mental health and well6 being. 

7 ‘‘(B) USE OF RESULTS.—The local edu8 cational agency or consortium of such agencies 

9 shall ensure that the results of the periodic 

10 evaluations described under subparagraph (A) 

11 are— 

12 ‘‘(i) used to refine, improve, and 

13 strengthen the program or activity, and to 

14 refine locally determined criteria described 

15 under paragraph (1)(B); and 

16 ‘‘(ii) made available to the public and 

17 the State. 

18 ‘‘(3) PROHIBITION.—Nothing in this subsection 

19 shall be construed to authorize the Secretary or any 

20 other officer or employee of the Federal Government 

21 to mandate, direct, or control, the principles of effec22 tiveness developed or utilized by a local educational 

23 agency under this subsection. 

24 ‘‘(c) PARENTAL CONSENT.— 
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1 ‘‘(1) IN GENERAL.—Each local educational 

2 agency receiving a subgrant under this part shall ob3 tain prior written, informed consent from the parent 

4 of each child who is under 18 years of age to partici5 pate in any mental-health assessment service or 

6 treatment that is funded under this part and con7 ducted in connection with an elementary school or 

8 secondary school under this part. 

9 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

10 (1), the written, informed consent described in such 

11 paragraph shall not be required in— 

12 ‘‘(A) an emergency, where it is necessary 

13 to protect the immediate health and safety of 

14 the student, other students, or school personnel; 

15 or 

16 ‘‘(B) other instances where parental con17 sent cannot be reasonably obtained, as defined 

18 by the Secretary. 

19 ‘‘(d) PRIVACY.—Each local educational agency receiv20 ing a subgrant under this part shall ensure that student 

21 mental health records are accorded the privacy protections 

22 provided under section 444 of the General Education Pro23 visions Act (20 U.S.C. 1232g) (commonly referred to as 

24 the ‘Family Educational Rights and Privacy Act of 1974’). 
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1 ‘‘SEC. 4106. SUPPLEMENT, NOT SUPPLANT. 

2 ‘‘Funds made available under this part shall be used 

3 to supplement, and not supplant, non-Federal funds that 

4 would otherwise be used for activities authorized under 

5 this part. 

6 ‘‘SEC. 4107. PROHIBITIONS. 

7 ‘‘(a) PROHIBITED USE OF FUNDS.—No funds under 

8 this part may be used for— 

9 ‘‘(1) construction; or 

10 ‘‘(2) medical services or drug treatment or re11 habilitation, except for integrated student supports 

12 or referral to treatment for impacted students, 

13 which may include students who are victims of, or 

14 witnesses to, crime or who illegally use drugs. 

15 ‘‘(b) PROHIBITION ON MANDATORY MEDICATION.— 

16 No child shall be required to obtain a prescription for a 

17 substance covered by the Controlled Substances Act (21 

18 U.S.C. 801 et seq.) as a condition of receiving an evalua19 tion, services, or attending a school receiving assistance 

20 under this part. 

21 ‘‘SEC. 4108. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘There are authorized to be appropriated to carry out 

23 this part such sums as may be necessary for each of fiscal 

24 years 2016 through 2021.’’. 
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1 SEC. 4003. 21ST CENTURY COMMUNITY LEARNING CEN2 TERS. 

3 (a) PROGRAM AUTHORIZED.—Part B of title IV (20 

4 U.S.C. 7171 et seq.) is amended to read as follows: 

5 ‘‘PART B—21ST CENTURY COMMUNITY LEARNING 

6 CENTERS 

7 ‘‘SEC. 4201. PURPOSE; DEFINITIONS. 

8 ‘‘(a) PURPOSE.—The purpose of this part is to pro9 vide opportunities for communities to establish or expand 

10 activities in community learning centers that— 

11 ‘‘(1) provide opportunities for academic enrich12 ment, including providing tutorial services to help 

13 students, particularly students who attend low-per14 forming schools, to meet challenging State academic 

15 standards described in section 1111(b)(1); 

16 ‘‘(2) offer students a broad array of additional 

17 services, programs, and activities, such as youth de18 velopment activities, service learning, nutrition and 

19 health education, drug and violence prevention pro20 grams, counseling programs, art, music, physical fit21 ness and wellness programs, technology education 

22 programs, financial literacy programs, environmental 

23 literacy programs, mathematics, science, career and 

24 technical programs, internship or apprenticeship 

25 programs, and other ties to an in-demand industry 

26 sector or occupation for high school students that 
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†S 1177 ES

1 are designed to reinforce and complement the reg2 ular academic program of participating students; 

3 and 

4 ‘‘(3) offer families of students served by com5 munity learning centers opportunities for active and 

6 meaningful engagement in their children’s education, 

7 including opportunities for literacy and related edu8 cational development. 

9 ‘‘(b) DEFINITIONS.—In this part: 

10 ‘‘(1) COMMUNITY LEARNING CENTER.—The 

11 term ‘community learning center’ means an entity 

12 that— 

13 ‘‘(A) assists students to meet challenging 

14 State academic standards described in section 

15 1111(b)(1) by providing the students with aca16 demic enrichment activities and a broad array 

17 of other activities (such as programs and activi18 ties described in subsection (a)(2)) during non19 school hours or periods when school is not in 

20 session (such as before and after school or dur21 ing summer recess) that— 

22 ‘‘(i) reinforce and complement the 

23 regular academic programs of the schools 

24 attended by the students served; and 
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1 ‘‘(ii) are targeted to the students’ aca2 demic needs and aligned with the instruc3 tion students receive during the school day; 

4 and 

5 ‘‘(B) offers families of students served by 

6 such center opportunities for literacy, and re7 lated educational development and opportunities 

8 for active and meaningful engagement in their 

9 children’s education. 

10 ‘‘(2) COVERED PROGRAM.—The term ‘covered 

11 program’ means a program for which — 

12 ‘‘(A) the Secretary made a grant under 

13 part B of title IV (as such part was in effect 

14 on the day before the date of enactment of the 

15 Every Child Achieves Act of 2015); and 

16 ‘‘(B) the grant period had not ended on 

17 that date of enactment. 

18 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en19 tity’ means a local educational agency, community20 based organization, Indian tribe or tribal organiza21 tion (as such terms are defined in section 4 of the 

22 Indian Self-Determination and Education Act (25 

23 U.S.C. 450b)), another public or private entity, or a 

24 consortium of 2 or more such agencies, organiza25 tions, or entities. 
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1 ‘‘(4) EXTERNAL ORGANIZATION.—The term ‘ex2 ternal organization’ means— 

3 ‘‘(A) a nonprofit organization with a 

4 record of success in running or working with 

5 after school programs; or 

6 ‘‘(B) in the case of a community where 

7 there is no such organization, a nonprofit orga8 nization in the community that enters into a 

9 formal agreement or partnership with an orga10 nization described in subparagraph (A) to re11 ceive mentoring and guidance. 

12 ‘‘(5) RIGOROUS PEER-REVIEW PROCESS.—The 

13 term ‘rigorous peer-review process’ means a process 

14 by which— 

15 ‘‘(A) employees of a State educational 

16 agency who are familiar with the 21st century 

17 community learning center program under this 

18 part review all applications that the State re19 ceives for awards under this part for complete20 ness and applicant eligibility; 

21 ‘‘(B) the State educational agency selects 

22 peer reviewers for such applications, who 

23 shall— 

24 ‘‘(i) be selected for their expertise in 

25 providing effective academic, enrichment, 
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†S 1177 ES

1 youth development, and related services to 

2 children; and 

3 ‘‘(ii) not include any applicant, or rep4 resentative of an applicant, that has sub5 mitted an application under this part for 

6 the current application period; and 

7 ‘‘(C) the peer reviewers described in sub8 paragraph (B) review and rate the applications 

9 to determine the extent to which the applica10 tions meet the requirements under sections 

11 4204(b) and 4205. 

12 ‘‘(6) STATE.—The term ‘State’ means each of 

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

14 Commonwealth of Puerto Rico. 

15 ‘‘SEC. 4202. ALLOTMENTS TO STATES. 

16 ‘‘(a) RESERVATION.—From the funds appropriated 

17 under section 4206 for any fiscal year, the Secretary shall 

18 reserve— 

19 ‘‘(1) such amounts as may be necessary to 

20 make continuation awards to grant recipients under 

21 covered programs (under the terms of those grants); 

22 ‘‘(2) not more than 1 percent for national ac23 tivities, which the Secretary may carry out directly 

24 or through grants and contracts, such as providing 

25 technical assistance to eligible entities carrying out 
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1 programs under this part or conducting a national 

2 evaluation; and 

3 ‘‘(3) not more than 1 percent for payments to 

4 the outlying areas and the Bureau of Indian Affairs, 

5 to be allotted in accordance with their respective 

6 needs for assistance under this part, as determined 

7 by the Secretary, to enable the outlying areas and 

8 the Bureau to carry out the purpose of this part. 

9 ‘‘(b) STATE ALLOTMENTS.— 

10 ‘‘(1) DETERMINATION.—From the funds appro11 priated under section 4206 for any fiscal year and 

12 remaining after the Secretary makes reservations 

13 under subsection (a), the Secretary shall allot to 

14 each State for the fiscal year an amount that bears 

15 the same relationship to the remainder as the 

16 amount the State received under subpart 2 of part 

17 A of title I for the preceding fiscal year bears to the 

18 amount all States received under that subpart for 

19 the preceding fiscal year, except that no State shall 

20 receive less than an amount equal to one-half of 1 

21 percent of the total amount made available to all 

22 States under this subsection. 

23 ‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a 

24 State does not receive an allotment under this part 

25 for a fiscal year, the Secretary shall reallot the 
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†S 1177 ES

1 amount of the State’s allotment to the remaining 

2 States in accordance with this part. 

3 ‘‘(c) STATE USE OF FUNDS.— 

4 ‘‘(1) IN GENERAL.—Each State that receives an 

5 allotment under this part shall reserve not less than 

6 93 percent of the amount allotted to such State 

7 under subsection (b), for each fiscal year for awards 

8 to eligible entities under section 4204. 

9 ‘‘(2) STATE ADMINISTRATION.—A State edu10 cational agency may use not more than 2 percent of 

11 the amount made available to the State under sub12 section (b) for— 

13 ‘‘(A) the administrative costs of carrying 

14 out its responsibilities under this part; 

15 ‘‘(B) establishing and implementing a rig16 orous peer-review process for subgrant applica17 tions described in section 4204(b) (including 

18 consultation with the Governor and other State 

19 agencies responsible for administering youth de20 velopment programs and adult learning activi21 ties); and 

22 ‘‘(C) awarding of funds to eligible entities 

23 (in consultation with the Governor and other 

24 State agencies responsible for administering 
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†S 1177 ES

1 youth development programs and adult learning 

2 activities). 

3 ‘‘(3) STATE ACTIVITIES.—A State educational 

4 agency may use not more than 5 percent of the 

5 amount made available to the State under subsection 

6 (b) for the following activities: 

7 ‘‘(A) Monitoring and evaluation of pro8 grams and activities assisted under this part. 

9 ‘‘(B) Providing capacity building, training, 

10 and technical assistance under this part. 

11 ‘‘(C) Comprehensive evaluation (directly, 

12 or through a grant or contract) of the effective13 ness of programs and activities assisted under 

14 this part. 

15 ‘‘(D) Providing training and technical as16 sistance to eligible entities that are applicants 

17 for or recipients of awards under this part. 

18 ‘‘(E) Ensuring that any eligible entity that 

19 receives an award under this part from the 

20 State aligns the activities provided by the pro21 gram with State academic standards. 

22 ‘‘(F) Ensuring that any such eligible entity 

23 identifies and partners with external organiza24 tions, if available, in the community. 
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1 ‘‘(G) Working with teachers, principals, 

2 parents, the local workforce, the local commu3 nity, and other stakeholders to review and im4 prove State policies and practices to support the 

5 implementation of effective programs under this 

6 part. 

7 ‘‘(H) Coordinating funds received under 

8 this part with other Federal and State funds to 

9 implement high-quality programs. 

10 ‘‘(I) Providing a list of prescreened exter11 nal organizations, as described in section 

12 4203(a)(11). 

13 ‘‘SEC. 4203. STATE APPLICATION. 

14 ‘‘(a) IN GENERAL.—In order to receive an allotment 

15 under section 4202 for any fiscal year, a State shall sub16 mit to the Secretary, at such time as the Secretary may 

17 require, an application that— 

18 ‘‘(1) designates the State educational agency as 

19 the agency responsible for the administration and 

20 supervision of programs assisted under this part; 

21 ‘‘(2) describes how the State educational agency 

22 will use funds received under this part, including 

23 funds reserved for State-level activities; 

24 ‘‘(3) contains an assurance that the State edu25 cational agency— 
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1 ‘‘(A) will make awards under this part to 

2 eligible entities that serve students who pri3 marily attend schools that have been identified 

4 under section 1114(a)(1)(A) and other schools 

5 determined by the local educational agency to 

6 be in need of intervention and support and the 

7 families of such students; and 

8 ‘‘(B) will further give priority to eligible 

9 entities that propose in the application to serve 

10 students described in subclauses (I) and (II) of 

11 section 4204(i)(1)(A)(i); 

12 ‘‘(4) describes the procedures and criteria the 

13 State educational agency will use for reviewing appli14 cations and awarding funds to eligible entities on a 

15 competitive basis, which shall include procedures and 

16 criteria that take into consideration the likelihood 

17 that a proposed community learning center will help 

18 participating students meet State and local content 

19 and student academic achievement standards; 

20 ‘‘(5) describes how the State educational agency 

21 will ensure that awards made under this part are— 

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

23 high-quality, effective programs that are con24 sistent with the purpose of this part; and 
519 

†S 1177 ES

1 ‘‘(B) in amounts that are consistent with 

2 section 4204(h); 

3 ‘‘(6) describes the steps the State educational 

4 agency will take to ensure that programs implement 

5 effective strategies, including providing ongoing 

6 technical assistance and training, evaluation, dis7 semination of promising practices, and coordination 

8 of professional development for staff in specific con9 tent areas as well as youth development; 

10 ‘‘(7) describes how programs under this part 

11 will be coordinated with programs under this Act, 

12 and other programs as appropriate; 

13 ‘‘(8) contains an assurance that the State edu14 cational agency— 

15 ‘‘(A) will make awards for programs for a 

16 period of not less than 3 years and not more 

17 than 5 years; and 

18 ‘‘(B) will require each eligible entity seek19 ing such an award to submit a plan describing 

20 how the activities to be funded through the 

21 award will continue after funding under this 

22 part ends; 

23 ‘‘(9) contains an assurance that funds appro24 priated to carry out this part will be used to supple25 ment, and not supplant, other Federal, State, and 
520 

†S 1177 ES

1 local public funds expended to provide programs and 

2 activities authorized under this part and other simi3 lar programs; 

4 ‘‘(10) contains an assurance that the State edu5 cational agency will require eligible entities to de6 scribe in their applications under section 4204(b) 

7 how the transportation needs of participating stu8 dents will be addressed; 

9 ‘‘(11) describes how the State will prescreen ex10 ternal organizations that could provide assistance in 

11 carrying out the activities under this part, and de12 velop and make available to eligible entities a list of 

13 external organizations that successfully completed 

14 the prescreening process; 

15 ‘‘(12) provides— 

16 ‘‘(A) an assurance that the application was 

17 developed in consultation and coordination with 

18 appropriate State officials, including the chief 

19 State school officer, and other State agencies 

20 administering before- and after-school (or sum21 mer school) programs, the heads of the State 

22 health and mental health agencies or their des23 ignees, statewide after-school networks (where 

24 applicable) and representatives of teachers, local 
521 

†S 1177 ES

1 educational agencies, and community-based or2 ganizations; and 

3 ‘‘(B) a description of any other representa4 tives of teachers, parents, students, or the busi5 ness community that the State has selected to 

6 assist in the development of the application, if 

7 applicable; 

8 ‘‘(13) describes the results of the State’s needs 

9 and resources assessment for before- and after10 school activities, which shall be based on the results 

11 of on-going State evaluation activities; 

12 ‘‘(14) describes how the State educational agen13 cy will evaluate the effectiveness of programs and 

14 activities carried out under this part, which shall in15 clude, at a minimum— 

16 ‘‘(A) a description of the performance indi17 cators and performance measures that will be 

18 used to evaluate programs and activities with 

19 emphasis on alignment with the regular aca20 demic program of the school and the academic 

21 needs of participating students, including per22 formance indicators and measures that— 

23 ‘‘(i) are able to track student success 

24 and improvement over time; 
522 

†S 1177 ES

1 ‘‘(ii) include State assessment results 

2 and other indicators of student success and 

3 improvement, such as improved attendance 

4 during the school day, better classroom 

5 grades, regular (or consistent) program at6 tendance, and on-time advancement to the 

7 next grade level; and 

8 ‘‘(iii) for high school students, may in9 clude indicators such as career com10 petencies, successful completion of intern11 ships or apprenticeships, or work-based 

12 learning opportunities; 

13 ‘‘(B) a description of how data collected 

14 for the purposes of subparagraph (A) will be 

15 collected; and 

16 ‘‘(C) public dissemination of the evalua17 tions of programs and activities carried out 

18 under this part; and 

19 ‘‘(15) provides for timely public notice of intent 

20 to file an application and an assurance that the ap21 plication will be available for public review after sub22 mission. 

23 ‘‘(b) DEEMED APPROVAL.—An application submitted 

24 by a State educational agency pursuant to subsection (a) 

25 shall be deemed to be approved by the Secretary unless 
523 

†S 1177 ES

1 the Secretary makes a written determination, prior to the 

2 expiration of the 120-day period beginning on the date on 

3 which the Secretary received the application, that the ap4 plication is not in compliance with this part. 

5 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally 

6 disapprove the application, except after giving the State 

7 educational agency notice and an opportunity for a hear8 ing. 

9 ‘‘(d) NOTIFICATION.—If the Secretary finds that the 

10 application is not in compliance, in whole or in part, with 

11 this part, the Secretary shall— 

12 ‘‘(1) give the State educational agency notice 

13 and an opportunity for a hearing; and 

14 ‘‘(2) notify the State educational agency of the 

15 finding of noncompliance and, in such notification— 

16 ‘‘(A) cite the specific provisions in the ap17 plication that are not in compliance; and 

18 ‘‘(B) request additional information, only 

19 as to the noncompliant provisions, needed to 

20 make the application compliant. 

21 ‘‘(e) RESPONSE.—If the State educational agency re22 sponds to the Secretary’s notification described in sub23 section (d)(2) during the 45-day period beginning on the 

24 date on which the agency received the notification, and 

25 resubmits the application with the requested information 
524 

†S 1177 ES

1 described in subsection (d)(2)(B), the Secretary shall ap2 prove or disapprove such application prior to the later of— 

3 ‘‘(1) the expiration of the 45-day period begin4 ning on the date on which the application is resub5 mitted; or 

6 ‘‘(2) the expiration of the 120-day period de7 scribed in subsection (b). 

8 ‘‘(f) FAILURE TO RESPOND.—If the State edu9 cational agency does not respond to the Secretary’s notifi10 cation described in subsection (d)(2) during the 45-day pe11 riod beginning on the date on which the agency received 

12 the notification, such application shall be deemed to be 

13 disapproved. 

14 ‘‘(g) LIMITATION.—The Secretary may not impose a 

15 priority or preference for States or eligible entities that 

16 seek to use funds made available under this part to extend 

17 the regular school day. 

18 ‘‘SEC. 4204. LOCAL COMPETITIVE SUBGRANT PROGRAM. 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) COMMUNITY LEARNING CENTERS.—A 

21 State that receives funds under this part for a fiscal 

22 year shall provide the amount made available under 

23 section 4202(c)(1) to award subgrants to eligible en24 tities for community learning centers in accordance 

25 with this part. 
525 

†S 1177 ES

1 ‘‘(2) EXPANDED LEARNING PROGRAM ACTIVI2 TIES.—A State that receives funds under this part 

3 for a fiscal year may also use funds under section 

4 4202(c)(1) to support those enrichment and engag5 ing academic activities described in section 4205(a) 

6 that— 

7 ‘‘(A) are included as part of an expanded 

8 learning program that provide students at least 

9 300 additional program hours before, during, or 

10 after the traditional school day; 

11 ‘‘(B) supplement but do not supplant 

12 school day requirements; and 

13 ‘‘(C) are awarded to entities that meet the 

14 requirements of subsection (i). 

15 ‘‘(b) APPLICATION.— 

16 ‘‘(1) IN GENERAL.—To be eligible to receive a 

17 subgrant under this part, an eligible entity shall sub18 mit an application to the State educational agency 

19 at such time, in such manner, and including such in20 formation as the State educational agency may rea21 sonably require. 

22 ‘‘(2) CONTENTS.—Each application submitted 

23 under paragraph (1) shall include— 

24 ‘‘(A) a description of the activities to be 

25 funded, including— 
526 

†S 1177 ES

1 ‘‘(i) an assurance that the program 

2 will take place in a safe and easily acces3 sible facility; 

4 ‘‘(ii) a description of how students 

5 participating in the program carried out by 

6 the community learning center will travel 

7 safely to and from the center and home, if 

8 applicable; and 

9 ‘‘(iii) a description of how the eligible 

10 entity will disseminate information about 

11 the community learning center (including 

12 its location) to the community in a manner 

13 that is understandable and accessible; 

14 ‘‘(B) a description of how such activities 

15 are expected to improve student academic 

16 achievement as well as overall student success; 

17 ‘‘(C) a demonstration of how the proposed 

18 program will coordinate Federal, State, and 

19 local programs and make the most effective use 

20 of public resources; 

21 ‘‘(D) an assurance that the proposed pro22 gram was developed and will be carried out— 

23 ‘‘(i) in active collaboration with the 

24 schools the students attend (including 

25 through the sharing of relevant student 
527 

†S 1177 ES

1 data among the schools), all participants in 

2 the eligible entity, and any partnership en3 tities described in subparagraph (H), while 

4 complying with applicable laws relating to 

5 privacy and confidentiality; and 

6 ‘‘(ii) in alignment with State and local 

7 content and student academic achievement 

8 standards; 

9 ‘‘(E) a description of how the activities will 

10 meet the measures of effectiveness described in 

11 section 4205(b); 

12 ‘‘(F) an assurance that the program will 

13 target students who primarily attend schools el14 igible for schoolwide programs under section 

15 1113(b) and the families of such students; 

16 ‘‘(G) an assurance that subgrant funds 

17 under this part will be used to increase the level 

18 of State, local, and other non-Federal funds 

19 that would, in the absence of funds under this 

20 part, be made available for programs and activi21 ties authorized under this part, and in no case 

22 supplant Federal, State, local, or non-Federal 

23 funds; 

24 ‘‘(H) a description of the partnership be25 tween a local educational agency, a community- 
528 

†S 1177 ES

1 based organization, and another public entity or 

2 private entity, if appropriate; 

3 ‘‘(I) an evaluation of the community needs 

4 and available resources for the community 

5 learning center and a description of how the 

6 program proposed to be carried out in the cen7 ter will address those needs (including the 

8 needs of working families); 

9 ‘‘(J) a demonstration that the eligible enti10 ty will use best practices, including research or 

11 evidence-based practices, to provide educational 

12 and related activities that will complement and 

13 enhance academic performance, achievement, 

14 postsecondary and workforce preparation, and 

15 positive youth development of the students; 

16 ‘‘(K) a description of a preliminary plan 

17 for how the community learning center will con18 tinue after funding under this part ends; 

19 ‘‘(L) an assurance that the community will 

20 be given notice of an intent to submit an appli21 cation and that the application and any waiver 

22 request will be available for public review after 

23 submission of the application; 

24 ‘‘(M) if the eligible entity plans to use vol25 unteers in activities carried out through the 
529 

†S 1177 ES

1 community learning center, a description of how 

2 the eligible entity will encourage and use appro3 priately qualified persons to serve as the volun4 teers; and 

5 ‘‘(N) such other information and assur6 ances as the State educational agency may rea7 sonably require. 

8 ‘‘(c) APPROVAL OF CERTAIN APPLICATIONS.—The 

9 State educational agency may approve an application 

10 under this part for a program to be located in a facility 

11 other than an elementary school or secondary school only 

12 if the program will be at least as available and accessible 

13 to the students to be served as if the program were located 

14 in an elementary school or secondary school. 

15 ‘‘(d) PERMISSIVE LOCAL MATCH.— 

16 ‘‘(1) IN GENERAL.—A State educational agency 

17 may require an eligible entity to match subgrant 

18 funds awarded under this part, except that such 

19 match may not exceed the amount of the subgrant 

20 and may not be derived from other Federal or State 

21 funds. 

22 ‘‘(2) SLIDING SCALE.—The amount of a match 

23 under paragraph (1) shall be established based on a 

24 sliding scale that takes into account— 
530 

†S 1177 ES

1 ‘‘(A) the relative poverty of the population 

2 to be targeted by the eligible entity; and 

3 ‘‘(B) the ability of the eligible entity to ob4 tain such matching funds. 

5 ‘‘(3) IN-KIND CONTRIBUTIONS.—Each State 

6 educational agency that requires an eligible entity to 

7 match funds under this subsection shall permit the 

8 eligible entity to provide all or any portion of such 

9 match in the form of in-kind contributions. 

10 ‘‘(4) CONSIDERATION.—Notwithstanding this 

11 subsection, a State educational agency shall not con12 sider an eligible entity’s ability to match funds when 

13 determining which eligible entities will receive sub14 grants under this part. 

15 ‘‘(e) PEER REVIEW.—In reviewing local applications 

16 under this part, a State educational agency shall use a 

17 rigorous peer-review process or other methods of ensuring 

18 the quality of such applications. 

19 ‘‘(f) GEOGRAPHIC DIVERSITY.—To the extent prac20 ticable, a State educational agency shall distribute 

21 subgrant funds under this part equitably among geo22 graphic areas within the State, including urban and rural 

23 communities. 
531 

†S 1177 ES

1 ‘‘(g) DURATION OF AWARDS.—Subgrants under this 

2 part shall be awarded for a period of not less than 3 years 

3 and not more than 5 years. 

4 ‘‘(h) AMOUNT OF AWARDS.—A subgrant awarded 

5 under this part may not be made in an amount that is 

6 less than $50,000. 

7 ‘‘(i) PRIORITY.— 

8 ‘‘(1) IN GENERAL.—In awarding subgrants 

9 under this part, a State educational agency shall 

10 give priority to applications— 

11 ‘‘(A) proposing to target services to— 

12 ‘‘(i) students who primarily attend 

13 schools that— 

14 ‘‘(I) have been identified under 

15 section 1114(a) and other schools de16 termined by the local educational 

17 agency to be in need of intervention 

18 and support to improve student aca19 demic achievement and other out20 comes; and 

21 ‘‘(II) enroll students who may be 

22 at risk for academic failure, dropping 

23 out of school, involvement in criminal 

24 or delinquent activities, or who lack 

25 strong positive role models; and 
532 

†S 1177 ES

1 ‘‘(ii) the families of students described 

2 in clause (i); 

3 ‘‘(B) submitted jointly by eligible entities 

4 consisting of not less than 1— 

5 ‘‘(i) local educational agency receiving 

6 funds under part A of title I; and 

7 ‘‘(ii) another eligible entity; and 

8 ‘‘(C) demonstrating that the activities pro9 posed in the application— 

10 ‘‘(i) are, as of the date of the submis11 sion of the application, not accessible to 

12 students who would be served; or 

13 ‘‘(ii) would expand accessibility to 

14 high-quality services that may be available 

15 in the community. 

16 ‘‘(2) SPECIAL RULE.—The State educational 

17 agency shall provide the same priority under para18 graph (1) to an application submitted by a local edu19 cational agency if the local educational agency dem20 onstrates that it is unable to partner with a commu21 nity-based organization in reasonable geographic 

22 proximity and of sufficient quality to meet the re23 quirements of this part. 

24 ‘‘(3) LIMITATION.—A State educational agency 

25 may not impose a priority or preference for eligible 
533 

†S 1177 ES

1 entities that seek to use funds made available under 

2 this part to extend the regular school day. 

3 ‘‘(j) RENEWABILITY OF AWARDS.—A State edu4 cational agency may renew a subgrant provided under this 

5 part to an eligible entity, based on the eligible entity’s per6 formance during the original subgrant period. 

7 ‘‘SEC. 4205. LOCAL ACTIVITIES. 

8 ‘‘(a) AUTHORIZED ACTIVITIES.—Each eligible entity 

9 that receives an award under section 4204 may use the 

10 award funds to carry out a broad array of activities that 

11 advance student academic achievement and support stu12 dent success, including— 

13 ‘‘(1) academic enrichment learning programs, 

14 mentoring programs, remedial education activities, 

15 and tutoring services, that are aligned with— 

16 ‘‘(A) State and local content and student 

17 academic achievement standards; and 

18 ‘‘(B) local curricula that are designed to 

19 improve student academic achievement; 

20 ‘‘(2) core academic subject education activities, 

21 including such activities that enable students to be 

22 eligible for credit recovery or attainment; 

23 ‘‘(3) literacy education programs, including fi24 nancial literacy programs and environmental literacy 

25 programs; 
534 

†S 1177 ES

1 ‘‘(4) programs that support a healthy, active 

2 lifestyle, including nutritional education and regular, 

3 structured physical activity programs; 

4 ‘‘(5) services for individuals with disabilities; 

5 ‘‘(6) programs that provide after-school activi6 ties for students who are English learners that em7 phasize language skills and academic achievement; 

8 ‘‘(7) cultural programs; 

9 ‘‘(8) telecommunications and technology edu10 cation programs; 

11 ‘‘(9) expanded library service hours; 

12 ‘‘(10) parenting skills programs that promote 

13 parental involvement and family literacy; 

14 ‘‘(11) programs that provide assistance to stu15 dents who have been truant, suspended, or expelled 

16 to allow the students to improve their academic 

17 achievement; 

18 ‘‘(12) drug and violence prevention programs 

19 and counseling programs; 

20 ‘‘(13) programs that build skills in science, 

21 technology, engineering, and mathematics (referred 

22 to in this paragraph as ‘STEM’) and that foster in23 novation in learning by supporting nontraditional 

24 STEM education teaching methods; and 
535 

†S 1177 ES

1 ‘‘(14) programs that partner with in-demand 

2 fields of the local workforce or build career com3 petencies and career readiness and ensure that local 

4 workforce and career readiness skills are aligned 

5 with the Carl D. Perkins Career and Technical Edu6 cation Act of 2006 and the Workforce Innovation 

7 and Opportunity Act. 

8 ‘‘(b) MEASURES OF EFFECTIVENESS.— 

9 ‘‘(1) IN GENERAL.—For a program or activity 

10 developed pursuant to this part to meet the meas11 ures of effectiveness, monitored by the State edu12 cational agency as described in section 4203(a)(14), 

13 such program or activity shall— 

14 ‘‘(A) be based upon an assessment of ob15 jective data regarding the need for before- and 

16 after-school programs (including during sum17 mer recess periods) and activities in the schools 

18 and communities; 

19 ‘‘(B) be based upon an established set of 

20 performance measures aimed at ensuring the 

21 availability of high-quality academic enrichment 

22 opportunities; 

23 ‘‘(C) if appropriate, be based upon evi24 dence-based research that the program or activ-
536 

†S 1177 ES

1 ity will help students meet the State and local 

2 student academic achievement standards; 

3 ‘‘(D) ensure that measures of student suc4 cess align with the regular academic program of 

5 the school and the academic needs of partici6 pating students and include performance indica7 tors and measures described in section 

8 4203(a)(14)(A); and 

9 ‘‘(E) collect the data necessary for the 

10 measures of student success described in sub11 paragraph (D). 

12 ‘‘(2) PERIODIC EVALUATION.— 

13 ‘‘(A) IN GENERAL.—The program or activ14 ity shall undergo a periodic evaluation in con15 junction with the State educational agency’s 

16 overall evaluation plan as described in section 

17 4203(a)(14), to assess the program’s progress 

18 toward achieving the goal of providing high19 quality opportunities for academic enrichment 

20 and overall student success. 

21 ‘‘(B) USE OF RESULTS.—The results of 

22 evaluations under subparagraph (A) shall be— 

23 ‘‘(i) used to refine, improve, and 

24 strengthen the program or activity, and to 

25 refine the performance measures; 
537 

†S 1177 ES

1 ‘‘(ii) made available to the public upon 

2 request, with public notice of such avail3 ability provided; and 

4 ‘‘(iii) used by the State to determine 

5 whether a subgrant is eligible to be re6 newed under section 4204(j). 

7 ‘‘SEC. 4206. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘There are authorized to be appropriated to carry out 

9 this part such sums as may be necessary for each of fiscal 

10 years 2016 through 2021.’’. 

11 (b) TRANSITION.—The recipient of a multiyear grant 

12 award under part B of title IV of the Elementary and Sec13 ondary Education Act of 1965 (20 U.S.C. 7171 et seq.), 

14 as such Act was in effect on the day before the date of 

15 enactment of this Act, shall continue to receive funds in 

16 accordance with the terms and conditions of such award. 

17 SEC. 4004. ELEMENTARY SCHOOL AND SECONDARY 

18 SCHOOL COUNSELING PROGRAMS. 

19 Title IV (20 U.S.C. 7101 et seq.), as amended by 

20 section 4001, is further amended by inserting after part 

21 B the following: 
538 

†S 1177 ES

1 ‘‘PART C—ELEMENTARY SCHOOL AND 

2 SECONDARY SCHOOL COUNSELING PROGRAMS 

3 ‘‘SEC. 4301. ELEMENTARY SCHOOL AND SECONDARY 

4 SCHOOL COUNSELING PROGRAMS. 

5 ‘‘(a) GRANTS AUTHORIZED.— 

6 ‘‘(1) IN GENERAL.—The Secretary is authorized 

7 to award grants to eligible entities to enable such 

8 agencies to establish or expand elementary school 

9 and secondary school counseling programs that com10 ply with the requirements of subsection (c). 

11 ‘‘(2) SPECIAL CONSIDERATION.—In awarding 

12 grants under this section, the Secretary shall— 

13 ‘‘(A) give special consideration to applica14 tions describing programs that— 

15 ‘‘(i) demonstrate the greatest need for 

16 new or additional counseling services 

17 among children in the schools served by 

18 the eligible entity, in part by providing in19 formation on current ratios, as of the date 

20 of application for a grant under this sec21 tion, of students to school counselors, stu22 dents to school social workers, and stu23 dents to school psychologists; 

24 ‘‘(ii) propose promising and innovative 

25 approaches for initiating or expanding 

26 school counseling; and 
539 

†S 1177 ES

1 ‘‘(iii) show strong potential for rep2 lication and dissemination; and 

3 ‘‘(B) give priority to— 

4 ‘‘(i) schools that serve students in 

5 rural and remote areas; 

6 ‘‘(ii) schools in need of intervention 

7 and support and schools that are the per8 sistently lowest-achieving schools; or 

9 ‘‘(iii) schools with a high percentage 

10 of students aged 5 through 17 who— 

11 ‘‘(I) are in poverty, as counted in 

12 the most recent census data approved 

13 by the Secretary; 

14 ‘‘(II) are eligible for a free or re15 duced price lunch under the Richard 

16 B. Russell National School Lunch Act 

17 (42 U.S.C. 1751 et seq.); 

18 ‘‘(III) are in families receiving 

19 assistance under the State program 

20 funded under part A of title IV of the 

21 Social Security Act; or 

22 ‘‘(IV) are eligible to receive med23 ical assistance under the Medicaid 

24 program. 
540 

†S 1177 ES

1 ‘‘(3) EQUITABLE DISTRIBUTION.—In awarding 

2 grants under this section, the Secretary shall ensure 

3 an equitable geographic distribution among the re4 gions of the United States and among eligible enti5 ties located in urban, rural, and suburban areas. 

6 ‘‘(4) DURATION.—A grant under this section 

7 shall be awarded for a period not to exceed 3 years. 

8 ‘‘(5) MAXIMUM GRANT.—A grant awarded 

9 under this section shall not exceed $400,000 for any 

10 fiscal year. 

11 ‘‘(b) APPLICATIONS.— 

12 ‘‘(1) IN GENERAL.—Each eligible entity desir13 ing a grant under this section shall submit an appli14 cation to the Secretary at such time, in such man15 ner, and accompanied by such information as the 

16 Secretary may reasonably require. 

17 ‘‘(2) CONTENTS.—Each application for a grant 

18 under this section shall— 

19 ‘‘(A) describe the school population to be 

20 targeted by the program, the particular coun21 seling needs of such population, and the current 

22 school counseling resources available for meet23 ing such needs; 

24 ‘‘(B) include the information described in 

25 subparagraphs (B) through (D) of section 
541 

†S 1177 ES

1 4104(b)(4), with respect to the grant under this 

2 part; 

3 ‘‘(C) document that the eligible entity has 

4 personnel qualified to develop, implement, and 

5 administer the program; and 

6 ‘‘(D) document how the eligible entity will 

7 engage in meaningful consultation with parents 

8 and families in the development of such pro9 gram. 

10 ‘‘(c) USE OF FUNDS.—Each eligible entity receiving 

11 a grant under this part shall use grant funds to develop, 

12 implement, and evaluate comprehensive, evidence-based, 

13 school counseling programs through activities that incor14 porate evidence-based practices, such as— 

15 ‘‘(1) the implementation of a comprehensive 

16 school counseling program to meet the counseling 

17 and educational needs of all students; 

18 ‘‘(2) increasing the range, availability, quantity, 

19 and quality of counseling services, provided by quali20 fied school counselors, school psychologists, school 

21 social workers, and other qualified school-based men22 tal health services providers, in the elementary 

23 schools and secondary schools of the eligible entity; 

24 ‘‘(3) the implementation of innovative ap25 proaches to increase children’s understanding of 
542 

†S 1177 ES

1 peer and family relationships, peer and family inter2 action, work and self, decisionmaking, or academic 

3 and career planning; 

4 ‘‘(4) the implementation of academic, postsec5 ondary education and career planning programs; 

6 ‘‘(5) the initiation of partnerships with commu7 nity groups, social service agencies, or other public 

8 or private non-profit entities in collaborative efforts 

9 to enhance the program and promote school-linked 

10 integration of services, as long as the eligible entity 

11 documents how such partnership supplements, not 

12 supplants, existing school-employed school-based 

13 mental health services providers and services, in ac14 cordance with subsection (f); 

15 ‘‘(6) the implementation of a team approach to 

16 school counseling in the schools served by the eligible 

17 entity by working toward ratios of school counselors, 

18 school social workers, and school psychologists to 

19 students recommended to enable such personnel to 

20 effectively address the needs of students; and 

21 ‘‘(7) any other activity determined necessary by 

22 the eligible entity that meets the purpose of this 

23 part. 

24 ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

25 more than 4 percent of the amounts made available under 
543 

†S 1177 ES

1 this section for any fiscal year may be used for administra2 tive costs to carry out this section. 

3 ‘‘(e) REPORT.—Not later than 2 years after assist4 ance is made available to eligible entities under subsection 

5 (a), the Secretary shall make publicly available a report— 

6 ‘‘(1) evaluating the programs assisted pursuant 

7 to each grant under this section; and 

8 ‘‘(2) outlining the information from eligible en9 tities regarding the ratios of students to— 

10 ‘‘(A) school counselors; 

11 ‘‘(B) school social workers; and 

12 ‘‘(C) school psychologists. 

13 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds made 

14 available under this section shall be used to supplement, 

15 and not supplant, other Federal, State, or local funds used 

16 for providing school-based counseling and mental health 

17 services to students. 

18 ‘‘(g) DEFINITIONS.—In this section: 

19 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en20 tity’ means— 

21 ‘‘(A) a local educational agency; 

22 ‘‘(B) an educational service agency serving 

23 more than 1 local educational agency; or 

24 ‘‘(C) a consortium of local educational 

25 agencies. 
544 

†S 1177 ES

1 ‘‘(2) SCHOOL-BASED MENTAL HEALTH SERV2 ICES PROVIDER.—The term ‘school-based mental 

3 health services provider’ has the meaning given the 

4 term in section 4102. 

5 ‘‘(3) SCHOOL COUNSELOR.—The term ‘school 

6 counselor’ means an individual who meets the cri7 teria for licensure or certification as a school coun8 selor in the State where the individual is employed. 

9 ‘‘(4) SCHOOL PSYCHOLOGIST.—The term 

10 ‘school psychologist’ means an individual who is li11 censed or certified in school psychology by the State 

12 in which the individual is employed. 

13 ‘‘(5) SCHOOL SOCIAL WORKER.—The term 

14 ‘school social worker’ means an individual who is li15 censed or certified as a school social worker for the 

16 State in which the individual is employed. 

17 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this section 

19 such sums as may be necessary for each of fiscal years 

20 2016 through 2021.’’. 

21 SEC. 4005. PHYSICAL EDUCATION PROGRAM. 

22 Title IV (20 U.S.C. 7101 et seq.), as amended by 

23 sections 4001 and 4004, is further amended by adding 

24 at the end the following: 
545 

†S 1177 ES

1 ‘‘PART D—PHYSICAL EDUCATION PROGRAM 

2 ‘‘SEC. 4401. PURPOSE. 

3 ‘‘The purpose of this part is to award grants and con4 tracts to initiate, expand, and improve physical education 

5 programs for all students in kindergarten through grade 

6 12. 

7 ‘‘SEC. 4402. PROGRAM AUTHORIZED. 

8 ‘‘(a) AUTHORIZATION.—From amounts made avail9 able to carry out this part, the Secretary is authorized to 

10 award grants or contracts to local educational agencies 

11 and community-based organizations to pay the Federal 

12 share of the costs of initiating, expanding, and improving 

13 physical education programs (including after-school pro14 grams) for students in kindergarten through grade 12, 

15 by— 

16 ‘‘(1) providing materials and support to enable 

17 students to participate actively in physical education 

18 activities; and 

19 ‘‘(2) providing funds for staff and teacher 

20 training and education relating to physical edu21 cation. 

22 ‘‘(b) PROGRAM ELEMENTS.—A physical education 

23 program that receives assistance under this part may pro24 vide for 1 or more of the following: 
546 

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1 ‘‘(1) Fitness education and assessment to help 

2 students understand, improve, or maintain their 

3 physical well-being. 

4 ‘‘(2) Instruction in a variety of motor skills and 

5 physical activities designed to enhance the physical, 

6 mental, and social or emotional development of every 

7 student. 

8 ‘‘(3) Development of, and instruction in, cog9 nitive concepts about motor skill and physical fitness 

10 that support a lifelong healthy lifestyle. 

11 ‘‘(4) Opportunities to develop positive social 

12 and cooperative skills through physical activity par13 ticipation. 

14 ‘‘(5) Instruction in healthy eating habits and 

15 good nutrition. 

16 ‘‘(6) Opportunities for professional development 

17 for teachers of physical education to stay abreast of 

18 the latest research, issues, and trends in the field of 

19 physical education. 

20 ‘‘(c) SPECIAL RULE.—For purposes of this part, ex21 tracurricular activities, such as team sports and Reserve 

22 Officers’ Training Corps program activities, shall not be 

23 considered as part of the curriculum of a physical edu24 cation program assisted under this part. 
547 

†S 1177 ES

1 ‘‘SEC. 4403. APPLICATIONS. 

2 ‘‘(a) SUBMISSION.—Each local educational agency or 

3 community-based organization desiring a grant or con4 tract under this part shall submit to the Secretary an ap5 plication that contains a plan to initiate, expand, or im6 prove physical education programs in order to make 

7 progress toward meeting State standards for physical edu8 cation. 

9 ‘‘(b) PRIVATE SCHOOL AND HOME-SCHOOLED STU10 DENTS.—An application for a grant or contract under this 

11 part may provide for the participation, in the activities 

12 funded under this part, of— 

13 ‘‘(1) students enrolled in private nonprofit ele14 mentary schools or secondary schools, and their par15 ents and teachers; or 

16 ‘‘(2) home-schooled students, and their parents 

17 and teachers. 

18 ‘‘SEC. 4404. REQUIREMENTS. 

19 ‘‘(a) ANNUAL REPORT TO THE SECRETARY.—In 

20 order to continue receiving funding after the first year of 

21 a multiyear grant or contract under this part, the adminis22 trator of the grant or contract for the local educational 

23 agency or community-based organization shall submit to 

24 the Secretary an annual report that— 

25 ‘‘(1) describes the activities conducted during 

26 the preceding year; and 
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†S 1177 ES

1 ‘‘(2) demonstrates that progress has been made 

2 toward meeting State standards for physical edu3 cation. 

4 ‘‘(b) ADMINISTRATIVE EXPENSES.—Not more than 5 

5 percent of the funds made available under this part to a 

6 local educational agency or community-based organization 

7 for any fiscal year may be used for administrative ex8 penses. 

9 ‘‘SEC. 4405. ADMINISTRATIVE PROVISIONS. 

10 ‘‘(a) FEDERAL SHARE.—The Federal share under 

11 this part may not exceed— 

12 ‘‘(1) 90 percent of the total cost of a program 

13 for the first year for which the program receives as14 sistance under this part; and 

15 ‘‘(2) 75 percent of such cost for the second and 

16 each subsequent such year. 

17 ‘‘(b) PROPORTIONALITY.—To the extent practicable, 

18 the Secretary shall ensure that grants awarded under this 

19 part are equitably distributed among local educational 

20 agencies, and community-based organizations, serving 

21 urban and rural areas. 

22 ‘‘(c) REPORT TO CONGRESS.—Not later than June 

23 1, 2017, the Secretary shall submit a report to Congress 

24 that— 
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†S 1177 ES

1 ‘‘(1) describes the programs assisted under this 

2 part; 

3 ‘‘(2) documents the success of such programs in 

4 improving physical fitness; and 

5 ‘‘(3) makes such recommendations as the Sec6 retary determines appropriate for the continuation 

7 and improvement of the programs assisted under 

8 this part. 

9 ‘‘(d) AVAILABILITY OF FUNDS.—Amounts made 

10 available to the Secretary to carry out this part shall re11 main available until expended. 

12 ‘‘SEC. 4406. SUPPLEMENT, NOT SUPPLANT. 

13 ‘‘Funds made available under this part shall be used 

14 to supplement, and not supplant, any other Federal, State, 

15 or local funds available for physical education activities. 

16 ‘‘SEC. 4407. AUTHORIZATION OF APPROPRIATIONS. 

17 ‘‘There are authorized to be appropriated to carry out 

18 this part such sums as may be necessary for each of fiscal 

19 years 2016 through 2021.’’. 

20 SEC. 4006. FAMILY ENGAGEMENT IN EDUCATION PRO21 GRAMS. 

22 Title IV (20 U.S.C. 7101 et seq.), as amended by 

23 sections 4001, 4004, and 4005, is further amended by 

24 adding at the end the following: 
550 

†S 1177 ES

1 ‘‘PART E—FAMILY ENGAGEMENT IN EDUCATION 

2 PROGRAMS 

3 ‘‘SEC. 4501. PURPOSES. 

4 ‘‘The purposes of this part are the following: 

5 ‘‘(1) To provide financial support to organiza6 tions to provide technical assistance and training to 

7 State and local educational agencies in the imple8 mentation and enhancement of systemic and effec9 tive family engagement policies, programs, and ac10 tivities that lead to improvements in student devel11 opment and academic achievement. 

12 ‘‘(2) To assist State educational agencies, local 

13 educational agencies, community-based organiza14 tions, schools, and educators in strengthening part15 nerships among parents, teachers, school leaders, ad16 ministrators, and other school personnel in meeting 

17 the educational needs of children and fostering 

18 greater parental engagement. 

19 ‘‘(3) To support State educational agencies, 

20 local educational agencies, schools, educators, and 

21 parents in developing and strengthening the relation22 ship between parents and their children’s school in 

23 order to further the developmental progress of chil24 dren. 
551 

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1 ‘‘(4) To coordinate activities funded under this 

2 subpart with parent involvement initiatives funded 

3 under section 1115 and other provisions of this Act. 

4 ‘‘(5) To assist the Secretary, State educational 

5 agencies, and local educational agencies in the co6 ordination and integration of Federal, State, and 

7 local services and programs to engage families in 

8 education. 

9 ‘‘SEC. 4502. GRANTS AUTHORIZED. 

10 ‘‘(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.— 

11 From the amount appropriated under section 4506, the 

12 Secretary is authorized to award grants for each fiscal 

13 year to statewide organizations (or consortia of such orga14 nizations), to establish Statewide Family Engagement 

15 Centers that provide comprehensive training and technical 

16 assistance to State educational agencies, local educational 

17 agencies, schools identified by State educational agencies 

18 and local educational agencies, organizations that support 

19 family-school partnerships, and other organizations that 

20 carry out, or carry out directly, parent education and fam21 ily engagement in education programs. 

22 ‘‘(b) MINIMUM AWARD.—In awarding grants under 

23 this section, the Secretary shall, to the extent practicable, 

24 ensure that a grant is awarded for a Statewide Family 

25 Engagement Center in an amount not less than $500,000. 
552 

†S 1177 ES

1 ‘‘SEC. 4503. APPLICATIONS. 

2 ‘‘(a) SUBMISSIONS.—Each statewide organization, or 

3 a consortium of such organizations, that desires a grant 

4 under this subpart shall submit an application to the Sec5 retary at such time, in such manner, and including the 

6 information described in subsection (b). 

7 ‘‘(b) CONTENTS.—Each application submitted under 

8 subsection (a) shall include, at a minimum, the following: 

9 ‘‘(1) A description of the applicant’s approach 

10 to family engagement in education. 

11 ‘‘(2) A description of the support that the 

12 Statewide Family Engagement Center that will be 

13 operated by the applicant will have from the State 

14 educational agency and any partner organization 

15 outlining the commitment to work with the center. 

16 ‘‘(3) A description of the applicant’s plan for 

17 building a statewide infrastructure for family en18 gagement in education, that includes— 

19 ‘‘(A) management and governance; 

20 ‘‘(B) statewide leadership; or 

21 ‘‘(C) systemic services for family engage22 ment in education. 

23 ‘‘(4) A description of the applicant’s dem24 onstrated experience in providing training, informa25 tion, and support to State educational agencies, local 

26 educational agencies, schools, educators, parents, 
553 

†S 1177 ES

1 and organizations on family engagement in edu2 cation policies and practices that are effective for 

3 parents (including low-income parents) and families, 

4 English learners, minorities, parents of students 

5 with disabilities, parents of homeless students, foster 

6 parents and students, and parents of migratory stu7 dents, including evaluation results, reporting, or 

8 other data exhibiting such demonstrated experience. 

9 ‘‘(5) A description of the steps the applicant 

10 will take to target services to low-income students 

11 and parents. 

12 ‘‘(6) An assurance that the applicant will— 

13 ‘‘(A) establish a special advisory com14 mittee, the membership of which includes— 

15 ‘‘(i) parents, who shall constitute a 

16 majority of the members of the special ad17 visory committee; 

18 ‘‘(ii) representatives of education pro19 fessionals with expertise in improving serv20 ices for disadvantaged children; 

21 ‘‘(iii) representatives of local elemen22 tary schools and secondary schools, includ23 ing students; 

24 ‘‘(iv) representatives of the business 

25 community; and 
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1 ‘‘(v) representatives of State edu2 cational agencies and local educational 

3 agencies; 

4 ‘‘(B) use not less than 65 percent of the 

5 funds received under this part in each fiscal 

6 year to serve local educational agencies, schools, 

7 and community-based organizations that serve 

8 high concentrations of disadvantaged students, 

9 including English learners, minorities, parents 

10 of students with disabilities, parents of home11 less students, foster parents and students, and 

12 parents of migratory students; 

13 ‘‘(C) operate a Statewide Family Engage14 ment Center of sufficient size, scope, and qual15 ity to ensure that the Center is adequate to 

16 serve the State educational agency, local edu17 cational agencies, and community-based organi18 zations; 

19 ‘‘(D) ensure that the Statewide Family 

20 Engagement Center will retain staff with the 

21 requisite training and experience to serve par22 ents in the State; 

23 ‘‘(E) serve urban, suburban, and rural 

24 local educational agencies and schools; 

25 ‘‘(F) work with— 
555 

†S 1177 ES

1 ‘‘(i) other Statewide Family Engage2 ment Centers assisted under this subpart; 

3 and 

4 ‘‘(ii) parent training and information 

5 centers and community parent resource 

6 centers assisted under sections 671 and 

7 672 of the Individuals with Disabilities 

8 Education Act; 

9 ‘‘(G) use not less than 30 percent of the 

10 funds received under this part for each fiscal 

11 year to establish or expand technical assistance 

12 for evidence-based parent education programs; 

13 ‘‘(H) provide assistance to State edu14 cational agencies and local educational agencies 

15 and community-based organizations that sup16 port family members in supporting student aca17 demic achievement; 

18 ‘‘(I) work with State educational agencies, 

19 local educational agencies, schools, educators, 

20 and parents to determine parental needs and 

21 the best means for delivery of services to ad22 dress such needs; 

23 ‘‘(J) conduct sufficient outreach to assist 

24 parents, including parents who the applicant 
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1 may have a difficult time engaging with a 

2 school or local educational agency; and 

3 ‘‘(K) conduct outreach to low-income stu4 dents and parents, including low-income stu5 dents and parents who are not proficient in 

6 English. 

7 ‘‘SEC. 4504. USES OF FUNDS. 

8 ‘‘(a) IN GENERAL.—Grantees shall use grant funds 

9 received under this part, based on the needs determined 

10 under section 4503, to provide training and technical as11 sistance to State educational agencies, local educational 

12 agencies, and organizations that support family-school 

13 partnerships, and activities, services, and training for local 

14 educational agencies, school leaders, educators, and par15 ents— 

16 ‘‘(1) to assist parents in participating effectively 

17 in their children’s education and to help their chil18 dren meet State standards, such as assisting par19 ents— 

20 ‘‘(A) to engage in activities that will im21 prove student academic achievement, including 

22 understanding how they can support learning in 

23 the classroom with activities at home and in 

24 afterschool and extracurricular programs; 
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†S 1177 ES

1 ‘‘(B) to communicate effectively with their 

2 children, teachers, school leaders, counselors, 

3 administrators, and other school personnel; 

4 ‘‘(C) to become active participants in the 

5 development, implementation, and review of 

6 school-parent compacts, family engagement in 

7 education policies, and school planning and im8 provement; 

9 ‘‘(D) to participate in the design and pro10 vision of assistance to students who are not 

11 making academic progress; 

12 ‘‘(E) to participate in State and local deci13 sionmaking; 

14 ‘‘(F) to train other parents; and 

15 ‘‘(G) to help the parents learn and use 

16 technology applied in their children’s education; 

17 ‘‘(2) to develop and implement, in partnership 

18 with the State educational agency, statewide family 

19 engagement in education policy and systemic initia20 tives that will provide for a continuum of services to 

21 remove barriers for family engagement in education 

22 and support school reform efforts; and 

23 ‘‘(3) to develop and implement parental involve24 ment policies under this Act. 
558 

†S 1177 ES

1 ‘‘(b) MATCHING FUNDS FOR GRANT RENEWAL.— 

2 For each fiscal year after the first fiscal year for which 

3 an organization or consortium receives assistance under 

4 this section, the organization or consortium shall dem5 onstrate in the application that a portion of the services 

6 provided by the organization or consortium is supported 

7 through non-Federal contributions, which may be in cash 

8 or in-kind. 

9 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 

10 reserve not more than 2 percent of the funds appropriated 

11 under section 4506 to carry out this part to provide tech12 nical assistance, by competitive grant or contract, for the 

13 establishment, development, and coordination of Statewide 

14 Family Engagement Centers. 

15 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed to prohibit a Statewide Family En17 gagement Center from— 

18 ‘‘(1) having its employees or agents meet with 

19 a parent at a site that is not on school grounds; or 

20 ‘‘(2) working with another agency that serves 

21 children. 

22 ‘‘(e) PARENTAL RIGHTS.—Notwithstanding any 

23 other provision of this section— 

24 ‘‘(1) no person (including a parent who edu25 cates a child at home, a public school parent, or a 
559 

†S 1177 ES

1 private school parent) shall be required to partici2 pate in any program of parent education or develop3 mental screening under this section; and 

4 ‘‘(2) no program or center assisted under this 

5 section shall take any action that infringes in any 

6 manner on the right of parents to direct the edu7 cation of their children. 

8 ‘‘SEC. 4505. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 

9 ‘‘The Secretary of the Interior, in consultation with 

10 the Secretary of Education, shall establish, or enter into 

11 contracts and cooperative agreements with local tribes, 

12 tribal organizations, or Indian nonprofit parent organiza13 tions to establish and operate Family Engagement Cen14 ters. 

15 ‘‘SEC. 4506. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘There are authorized to be appropriated to carry out 

17 this part such sums as may be necessary for fiscal years 

18 2016 through 2021.’’.’’ 

19 TITLE V—EMPOWERING PAR20 ENTS AND EXPANDING OP21 PORTUNITY THROUGH INNO22 VATION 

23 SEC. 5001. GENERAL PROVISIONS. 

24 Title V (20 U.S.C. 7201 et seq.) is amended— 
560 

†S 1177 ES

1 (1) by striking the title heading and inserting 

2 ‘‘EMPOWERING PARENTS AND EX3 PANDING OPPORTUNITY THROUGH IN4 NOVATION’’; 

5 (2) by striking part A; 

6 (3) by striking subparts 2 and 3 of part B; 

7 (4) by striking part D; 

8 (5) by redesignating parts B and C as parts A 

9 and B, respectively; 

10 (6) in part A, as redesignated by paragraph 

11 (5), by striking ‘‘Subpart 1—Charter School 

12 Programs’’; 

13 (7) by redesignating sections 5201 through 

14 5211 as sections 5101 through 5111, respectively; 

15 (8) by redesignating sections 5301 through 

16 5307 as sections 5201 through 5207, respectively; 

17 (9) by striking sections 5308 and 5310; and 

18 (10) by redesignating sections 5309 and 5311 

19 as sections 5208 and 5209, respectively. 

20 SEC. 5002. PUBLIC CHARTER SCHOOLS. 

21 Part A of title V (20 U.S.C. 7221 et seq.), as redesig22 nated by section 5001(5), is amended— 

23 (1) by striking sections 5101 through 5105, as 

24 redesignated by section 5001(7), and inserting the 

25 following: 
561 

†S 1177 ES

1 ‘‘SEC. 5101. PURPOSE. 

2 ‘‘It is the purpose of this part to— 

3 ‘‘(1) provide financial assistance for the plan4 ning, program design, and initial implementation of 

5 charter schools; 

6 ‘‘(2) increase the number of high-quality char7 ter schools available to students across the United 

8 States; 

9 ‘‘(3) evaluate the impact of such schools on stu10 dent achievement, families, and communities, and 

11 share best practices among charter schools and other 

12 public schools; 

13 ‘‘(4) encourage States to provide support to 

14 charter schools for facilities financing in an amount 

15 more nearly commensurate to the amount the States 

16 have typically provided for traditional public schools; 

17 ‘‘(5) expand opportunities for children with dis18 abilities, students who are English learners, and 

19 other traditionally underserved students to attend 

20 charter schools and meet the challenging State aca21 demic standards under section 1111(b)(1); and 

22 ‘‘(6) support efforts to strengthen the charter 

23 school authorizing process to improve performance 

24 management, including transparency, monitoring, in25 cluding financial audits, and evaluation of such 

26 schools. 
562 

†S 1177 ES

1 ‘‘SEC. 5102. PROGRAM AUTHORIZED. 

2 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

3 carry out a charter school program that supports charter 

4 schools that serve early childhood, elementary school, and 

5 secondary school students by— 

6 ‘‘(1) supporting the startup of charter schools, 

7 the replication of high-quality charter schools, and 

8 the expansion of high-quality charter schools; 

9 ‘‘(2) assisting charter schools in accessing cred10 it to acquire and renovate facilities for school use; 

11 and 

12 ‘‘(3) carrying out national activities to sup13 port— 

14 ‘‘(A) the startup of charter schools, the 

15 replication of high-quality charter schools, and 

16 the expansion of high-quality charter schools; 

17 ‘‘(B) the dissemination of best practices of 

18 charter schools for all schools; 

19 ‘‘(C) the evaluation of the impact of the 

20 charter school program under this part on 

21 schools participating in such program; and 

22 ‘‘(D) stronger charter school authorizing. 

23 ‘‘(b) FUNDING ALLOTMENT.—From the amount 

24 made available under section 5111 for a fiscal year, the 

25 Secretary shall— 
563 

†S 1177 ES

1 ‘‘(1) reserve 12.5 percent to support charter 

2 school facilities assistance under section 5104; 

3 ‘‘(2) reserve not less than 25 percent to carry 

4 out national activities under section 5105; and 

5 ‘‘(3) use the remaining amount after the res6 ervations under paragraphs (1) and (2) to carry out 

7 section 5103. 

8 ‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The recipi9 ent of a grant or subgrant under this part (as such part 

10 was in effect on the day before the date of enactment of 

11 the Every Child Achieves Act of 2015) shall continue to 

12 receive funds in accordance with the terms and conditions 

13 of such grant or subgrant. 

14 ‘‘SEC. 5103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER 

15 SCHOOLS. 

16 ‘‘(a) STATE ENTITY DEFINED.—For purposes of this 

17 section, the term ‘State entity’ means— 

18 ‘‘(1) a State educational agency; 

19 ‘‘(2) a State charter school board; 

20 ‘‘(3) a Governor of a State; or 

21 ‘‘(4) a charter school support organization. 

22 ‘‘(b) PROGRAM AUTHORIZED.—From the amount 

23 available under section 5102(b)(3), the Secretary shall 

24 award, on a competitive basis, grants to State entities hav-
564 

†S 1177 ES

1 ing applications approved under subsection (f) to enable 

2 such entities to— 

3 ‘‘(1) award subgrants to eligible applicants to 

4 enable such eligible applicants to— 

5 ‘‘(A) open new charter schools; 

6 ‘‘(B) replicate high-quality charter school 

7 models; or 

8 ‘‘(C) expand high-quality charter schools; 

9 and 

10 ‘‘(2) provide technical assistance to eligible ap11 plicants and authorized public chartering agencies in 

12 carrying out the activities described in paragraph 

13 (1), and work with authorized public chartering 

14 agencies in the State to improve authorizing quality, 

15 including developing capacity for, and conducting, 

16 fiscal oversight and auditing of charter schools. 

17 ‘‘(c) STATE ENTITY USES OF FUNDS.— 

18 ‘‘(1) IN GENERAL.—A State entity receiving a 

19 grant under this section shall— 

20 ‘‘(A) use not less than 90 percent of the 

21 grant funds to award subgrants to eligible ap22 plicants, in accordance with the quality charter 

23 school program described in the State entity’s 

24 application pursuant to subsection (f), for the 
565 

†S 1177 ES

1 purposes described in subparagraphs (A) 

2 through (C) of subsection (b)(1); 

3 ‘‘(B) reserve not less than 7 percent of 

4 such funds to carry out the activities described 

5 in subsection (b)(2); and 

6 ‘‘(C) reserve not more than 3 percent of 

7 such funds for administrative costs, which may 

8 include the administrative costs of providing 

9 technical assistance. 

10 ‘‘(2) CONTRACTS AND GRANTS.—A State entity 

11 may use a grant received under this section to carry 

12 out the activities described in paragraph (1)(B) di13 rectly or through grants, contracts, or cooperative 

14 agreements. 

15 ‘‘(3) RULES OF CONSTRUCTION.— 

16 ‘‘(A) USE OF LOTTERY MECHANISMS.— 

17 Nothing in this Act shall prohibit the Secretary 

18 from awarding grants to State entities, or State 

19 entities from awarding subgrants to eligible ap20 plicants, that use a weighted lottery, or an 

21 equivalent lottery mechanism, to give better 

22 chances for school admission to all or a subset 

23 of educationally disadvantaged students if— 

24 ‘‘(i) the use of a weighted lottery in 

25 favor of such students is not prohibited by 
566 

†S 1177 ES

1 State law, and such State law is consistent 

2 with the laws described in section 

3 5110(2)(G); and 

4 ‘‘(ii) such weighted lottery is not used 

5 for the purpose of creating schools exclu6 sively to serve a particular subset of stu7 dents. 

8 ‘‘(B) STUDENTS WITH SPECIAL NEEDS.— 

9 Nothing in this paragraph shall be construed to 

10 prohibit schools from specializing in providing 

11 specific services for students with a dem12 onstrated need for such services, such as stu13 dents who need specialized instruction in read14 ing, spelling, or writing. 

15 ‘‘(d) PROGRAM PERIODS; PEER REVIEW; DISTRIBU16 TION OF SUBGRANTS; WAIVERS.— 

17 ‘‘(1) PROGRAM PERIODS.— 

18 ‘‘(A) GRANTS.—A grant awarded by the 

19 Secretary to a State entity under this section 

20 shall be for a period of not more than 3 years, 

21 and may be renewed by the Secretary for one 

22 additional 2-year period. 

23 ‘‘(B) SUBGRANTS.—A subgrant awarded 

24 by a State entity under this section— 
567 

†S 1177 ES

1 ‘‘(i) shall be for a period of not more 

2 than 3 years, of which an eligible applicant 

3 may use not more than 18 months for 

4 planning and program design; and 

5 ‘‘(ii) may be renewed by the State en6 tity for one additional 2-year period. 

7 ‘‘(2) PEER REVIEW.—The Secretary, and each 

8 State entity awarding subgrants under this section, 

9 shall use a peer-review process to review applications 

10 for assistance under this section. 

11 ‘‘(3) DISTRIBUTION OF SUBGRANTS.—Each 

12 State entity awarding subgrants under this section 

13 shall award subgrants in a manner that, to the ex14 tent practicable and applicable, ensures that such 

15 subgrants— 

16 ‘‘(A) prioritize eligible applicants that plan 

17 to serve a significant number of students from 

18 low-income families; 

19 ‘‘(B) are distributed throughout different 

20 areas, including urban, suburban, and rural 

21 areas; and 

22 ‘‘(C) will assist charter schools rep23 resenting a variety of educational approaches. 

24 ‘‘(4) WAIVERS.—The Secretary may waive any 

25 statutory or regulatory requirement over which the 
568 

†S 1177 ES

1 Secretary exercises administrative authority under 

2 this Act with respect to charter schools supported 

3 under this part, except any such requirement relat4 ing to the elements of a charter school described in 

5 section 5110(2), if— 

6 ‘‘(A) the waiver is requested in an ap7 proved application under this section; and 

8 ‘‘(B) the Secretary determines that grant9 ing such waiver will promote the purpose of this 

10 part. 

11 ‘‘(e) LIMITATIONS.— 

12 ‘‘(1) GRANTS.—A State entity may not receive 

13 more than 1 grant under this section at a time. 

14 ‘‘(2) SUBGRANTS.—An eligible applicant may 

15 not receive more than 1 subgrant under this section 

16 for each individual charter school for each grant pe17 riod or renewal period, unless the eligible applicant 

18 demonstrates to the State entity that such individual 

19 charter school has demonstrated a strong track 

20 record of positive results over the course of the 

21 grant period regarding the elements described in 

22 subparagraphs (A) and (D) of section 5110(8). 

23 ‘‘(f) APPLICATIONS.—A State entity desiring to re24 ceive a grant under this section shall submit an application 

25 to the Secretary at such time and in such manner as the 
569 

†S 1177 ES

1 Secretary may require. The application shall include the 

2 following: 

3 ‘‘(1) DESCRIPTION OF PROGRAM.—A descrip4 tion of the State entity’s objectives in running a 

5 quality charter school program under this section 

6 and how the objectives of the program will be car7 ried out, including— 

8 ‘‘(A) a description of how the State entity 

9 will— 

10 ‘‘(i) support the opening of new char11 ter schools and, if applicable, the replica12 tion of high-quality charter schools and the 

13 expansion of high-quality charter schools, 

14 including the proposed number of charter 

15 schools to be opened, replicated, or ex16 panded under the State entity’s program; 

17 ‘‘(ii) inform eligible charter schools, 

18 developers, and authorized public char19 tering agencies of the availability of funds 

20 under the program; 

21 ‘‘(iii) work with eligible applicants to 

22 ensure that the eligible applicants access 

23 all Federal funds that such applicants are 

24 eligible to receive, and help the charter 

25 schools supported by the applicants and 
570 

†S 1177 ES

1 the students attending those charter 

2 schools— 

3 ‘‘(I) participate in the Federal 

4 programs in which the schools and 

5 students are eligible to participate; 

6 and 

7 ‘‘(II) receive the commensurate 

8 share of Federal funds the schools 

9 and students are eligible to receive 

10 under such programs; 

11 ‘‘(iv) in the case of a State entity that 

12 is not a State educational agency— 

13 ‘‘(I) work with the State edu14 cational agency and the charter 

15 schools in the State to maximize char16 ter school participation in Federal and 

17 State programs for charter schools; 

18 and 

19 ‘‘(II) work with the State edu20 cational agency to operate the State 

21 entity’s program under this section, if 

22 applicable; 

23 ‘‘(v) ensure that each eligible appli24 cant that receives a subgrant under the 

25 State entity’s program— 
571 

†S 1177 ES

1 ‘‘(I) is opening or expanding 

2 schools that meet the definition of a 

3 charter school under section 5110; 

4 and 

5 ‘‘(II) is prepared to continue to 

6 operate such charter schools once the 

7 subgrant funds under this section are 

8 no longer available; 

9 ‘‘(vi) support charter schools in local 

10 educational agencies with schools that have 

11 been identified by the State under section 

12 1114(a)(1)(A); 

13 ‘‘(vii) work with charter schools to 

14 promote inclusion of all students and sup15 port all students upon enrollment in order 

16 to promote retention of students in the 

17 school; 

18 ‘‘(viii) work with charter schools on 

19 recruitment practices, including efforts to 

20 engage groups that may otherwise have 

21 limited opportunities to attend charter 

22 schools; 

23 ‘‘(ix) share best and promising prac24 tices among charter schools and other pub25 lic schools; 
572 

†S 1177 ES

1 ‘‘(x) ensure that charter schools re2 ceiving funds under the State entity’s pro3 gram meet the educational needs of their 

4 students, including children with disabil5 ities and students who are English learn6 ers; and 

7 ‘‘(xi) support efforts to increase char8 ter school quality initiatives, including 

9 meeting the quality authorizing elements 

10 described in paragraph (2)(D); 

11 ‘‘(B) a description of how the State will 

12 monitor and hold authorized public chartering 

13 agencies accountable to ensure high-quality au14 thorizing activity, such as by establishing au15 thorizing standards and by approving, re16 approving, and revoking the authority of an au17 thorized public chartering agency based on the 

18 performance of the charter schools authorized 

19 by such agency in the areas of student achieve20 ment, student safety, financial and operational 

21 management, and compliance with all applicable 

22 statutes, except that nothing in this subpara23 graph shall be construed to require a State to 

24 alter State law, policies, or procedures regard-
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†S 1177 ES

1 ing State practices for holding accountable au2 thorized public chartering agencies; 

3 ‘‘(C) a description of the extent to which 

4 the State entity— 

5 ‘‘(i) is able to meet and carry out the 

6 priorities described in subsection (g)(2); 

7 ‘‘(ii) is working to develop or 

8 strengthen a cohesive statewide system to 

9 support the opening of new charter schools 

10 and, if applicable, the replication of high11 quality charter schools, and the expansion 

12 of high-quality charter schools; and 

13 ‘‘(iii) will solicit and consider input 

14 from parents and other members of the 

15 community on the implementation and op16 eration of each charter school receiving 

17 funds under the State entity’s charter 

18 school program under this section; 

19 ‘‘(D) a description of how the State entity 

20 will award subgrants, on a competitive basis, in21 cluding— 

22 ‘‘(i) a description of the application 

23 each eligible applicant desiring to receive a 

24 subgrant will be required to submit, which 

25 application shall include— 
574 

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1 ‘‘(I) a description of the roles 

2 and responsibilities of eligible appli3 cants, and of any charter management 

4 organizations or other organizations 

5 with which the eligible applicant will 

6 partner to open charter schools, in7 cluding the administrative and con8 tractual roles and responsibilities of 

9 such partners; 

10 ‘‘(II) a description of the quality 

11 controls agreed to between the eligible 

12 applicant and the authorized public 

13 chartering agency involved, such as a 

14 contract or performance agreement, 

15 financial audits to ensure adequate 

16 fiscal oversight, how a school’s per17 formance on the State’s accountability 

18 system and impact on student 

19 achievement (which may include stu20 dent academic growth) will be one of 

21 the most important factors for re22 newal or revocation of the school’s 

23 charter, and procedures to be followed 

24 in the case of the closure or dissolu25 tion of a charter school; 
575 

†S 1177 ES

1 ‘‘(III) a description of how the 

2 autonomy and flexibility granted to a 

3 charter school is consistent with the 

4 definition of a charter school in sec5 tion 5110; 

6 ‘‘(IV) a description of the eligible 

7 applicant’s planned activities and ex8 penditures of subgrant funds for pur9 poses of opening a new charter school, 

10 replicating a high-quality charter 

11 school, or expanding a high-quality 

12 charter school, and how the eligible 

13 applicant will maintain fiscal sustain14 ability after the end of the subgrant 

15 period; and 

16 ‘‘(V) a description of how the eli17 gible applicant will ensure that each 

18 charter school the eligible applicant 

19 operates will engage parents as part20 ners in the education of their children; 

21 and 

22 ‘‘(ii) a description of how the State 

23 entity will review applications from eligible 

24 applicants; 
576 

†S 1177 ES

1 ‘‘(E) in the case of a State entity that 

2 partners with an outside organization to carry 

3 out the entity’s quality charter school program, 

4 in whole or in part, a description of the roles 

5 and responsibilities of the partner; 

6 ‘‘(F) a description of how the State entity 

7 will help the charter schools receiving funds 

8 under the State entity’s program address the 

9 transportation needs of the schools’ students; 

10 and 

11 ‘‘(G) a description of how the State in 

12 which the State entity is located addresses 

13 charter schools in the State’s open meetings 

14 and open records laws. 

15 ‘‘(2) ASSURANCES.—Assurances that— 

16 ‘‘(A) each charter school receiving funds 

17 through the State entity’s program will have a 

18 high degree of autonomy over budget and oper19 ations, including autonomy over personnel deci20 sions; 

21 ‘‘(B) the State entity will support charter 

22 schools in meeting the educational needs of 

23 their students, as described in paragraph 

24 (1)(A)(x); 
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1 ‘‘(C) the State entity will ensure that the 

2 authorized public chartering agency of any 

3 charter school that receives funds under the en4 tity’s program— 

5 ‘‘(i) ensures that the charter school 

6 under the authority of such agency is 

7 meeting the requirements of this Act, part 

8 B of the Individuals with Disabilities Edu9 cation Act, title VI of the Civil Rights Act 

10 of 1964, and section 504 of the Rehabilita11 tion Act of 1973; and 

12 ‘‘(ii) adequately monitors and provides 

13 adequate technical assistance to each char14 ter school under the authority of such 

15 agency in recruiting, enrolling, retaining, 

16 and meeting the needs of all students, in17 cluding children with disabilities and stu18 dents who are English learners; 

19 ‘‘(D) the State entity will promote quality 

20 authorizing, consistent with State law, such as 

21 through providing technical assistance to sup22 port each authorized public chartering agency 

23 in the State to improve such agency’s ability to 

24 monitor the charter schools authorized by the 

25 agency, including by— 
578 

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1 ‘‘(i) using annual performance data, 

2 which may include graduation rates and 

3 student academic growth data, as appro4 priate, to measure a school’s progress to5 ward becoming a high-quality charter 

6 school; 

7 ‘‘(ii) reviewing the schools’ inde8 pendent, annual audits of financial state9 ments conducted in accordance with gen10 erally accepted accounting principles, and 

11 ensuring that any such audits are pub12 lically reported; and 

13 ‘‘(iii) holding charter schools account14 able to the academic, financial, and oper15 ational quality controls agreed to between 

16 the charter school and the authorized pub17 lic chartering agency involved, such as 

18 through renewal, non-renewal, or revoca19 tion of the school’s charter; and 

20 ‘‘(E) the State entity will ensure that each 

21 charter school in the State makes publicly avail22 able, consistent with the dissemination require23 ments of the annual State report card, includ24 ing on the website of the school, information to 

25 help parents make informed decisions about the 
579 

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1 education options available to their children, in2 cluding information on the educational pro3 gram, student support services, parent contract 

4 requirements (as applicable), including any fi5 nancial obligations or fees, enrollment criteria 

6 (as applicable), and annual performance and 

7 enrollment data for each of the categories of 

8 students, as defined in section 1111(b)(3)(A). 

9 ‘‘(3) REQUESTS FOR WAIVERS.— 

10 ‘‘(A) FEDERAL STATUTE AND REGULA11 TION.—A request and justification for waivers 

12 of any Federal statutory or regulatory provi13 sions that the State entity believes are nec14 essary for the successful operation of the char15 ter schools that will receive funds under the en16 tity’s program under this section. 

17 ‘‘(B) STATE AND LOCAL RULES.—A de18 scription of any State or local rules, generally 

19 applicable to public schools, that will be waived, 

20 or otherwise not apply, to such schools or, in 

21 the case of a State entity defined in subsection 

22 (a)(4), a description of how the State entity will 

23 work with the State to request necessary waiv24 ers, if applicable. 

25 ‘‘(g) SELECTION CRITERIA; PRIORITY.— 
580 

†S 1177 ES

1 ‘‘(1) SELECTION CRITERIA.—The Secretary 

2 shall award grants to State entities under this sec3 tion on the basis of the quality of the applications 

4 submitted under subsection (f), after taking into 

5 consideration— 

6 ‘‘(A) the degree of flexibility afforded by 

7 the State’s public charter school law and how 

8 the State entity will work to maximize the flexi9 bility provided to charter schools under such 

10 law; 

11 ‘‘(B) the proposed number of new charter 

12 schools to be opened, and, if applicable, the 

13 number of high-quality charter schools to be 

14 replicated or expanded under the program, and 

15 the number of new students to be served by 

16 such schools; 

17 ‘‘(C) the likelihood that the schools opened, 

18 replicated, or expanded by eligible applicants re19 ceiving subgrant funds will increase the aca20 demic achievement of the school’s students and 

21 progress toward becoming high-quality charter 

22 schools; 

23 ‘‘(D) the quality of the State entity’s plan 

24 to— 
581 

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1 ‘‘(i) monitor the eligible applicants re2 ceiving subgrants under the State entity’s 

3 program; and 

4 ‘‘(ii) provide technical assistance and 

5 support for— 

6 ‘‘(I) the eligible applicants receiv7 ing subgrants under the State entity’s 

8 program; and 

9 ‘‘(II) quality authorizing efforts 

10 in the State; and 

11 ‘‘(E) the State entity’s plan to solicit and 

12 consider input from parents and other members 

13 of the community on the implementation and 

14 operation of the charter schools in the State. 

15 ‘‘(2) PRIORITY.—In awarding grants under this 

16 section, the Secretary shall give priority to a State 

17 entity to the extent that the entity meets the fol18 lowing criteria: 

19 ‘‘(A) The State entity is located in a State 

20 that— 

21 ‘‘(i) allows at least one entity that is 

22 not the local educational agency to be an 

23 authorized public chartering agency for 

24 each developer seeking to open a charter 

25 school in the State; or 
582 

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1 ‘‘(ii) in the case of a State in which 

2 local educational agencies are the only au3 thorized public chartering agencies, the 

4 State has an appeals process for the denial 

5 of an application for a charter school. 

6 ‘‘(B) The State entity is located in a State 

7 that ensures that charter schools receive equi8 table financing, as compared to traditional pub9 lic schools, in a prompt manner. 

10 ‘‘(C) The State entity is located in a State 

11 that provides charter schools one or more of the 

12 following: 

13 ‘‘(i) Funding for facilities. 

14 ‘‘(ii) Assistance with facilities acquisi15 tion. 

16 ‘‘(iii) Access to public facilities. 

17 ‘‘(iv) The ability to share in bonds or 

18 mill levies. 

19 ‘‘(v) The right of first refusal to pur20 chase public school buildings. 

21 ‘‘(vi) Low- or no-cost leasing privi22 leges. 

23 ‘‘(D) The State entity is located in a State 

24 that uses best practices from charter schools to 
583 

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1 help improve struggling schools and local edu2 cational agencies. 

3 ‘‘(E) The State entity supports charter 

4 schools that support at-risk students through 

5 activities such as dropout prevention or dropout 

6 recovery. 

7 ‘‘(F) The State entity ensures that each 

8 charter school has a high degree of autonomy 

9 over the charter school’s budget and operations, 

10 including autonomy over personnel decisions. 

11 ‘‘(G) The State entity has taken steps to 

12 ensure that all authorizing public chartering 

13 agencies implement best practices for charter 

14 school authorizing. 

15 ‘‘(h) LOCAL USES OF FUNDS.—An eligible applicant 

16 receiving a subgrant under this section shall use such 

17 funds to carry out activities related to opening a new char18 ter school, replicating a high-quality charter school, or ex19 panding a high-quality charter school, which may in20 clude— 

21 ‘‘(1) supporting the acquisition, expansion, or 

22 preparation of a charter school building to meet in23 creasing enrollment needs, including financing the 

24 development of a new building and ensuring that a 
584 

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1 school building complies with applicable statutes and 

2 regulations; 

3 ‘‘(2) paying costs associated with hiring addi4 tional teachers to serve additional students; 

5 ‘‘(3) providing transportation to students to 

6 and from the charter school; 

7 ‘‘(4) providing instructional materials, imple8 menting teacher and principal or other school leader 

9 professional development programs, and hiring addi10 tional nonteaching staff; 

11 ‘‘(5) supporting any necessary activities that as12 sist the charter school in carrying out this section, 

13 such as preparing individuals to serve as members of 

14 the charter school’s board; and 

15 ‘‘(6) providing early childhood education pro16 grams for children, including direct support to, and 

17 coordination with, school- or community-based early 

18 childhood education programs. 

19 ‘‘(i) REPORTING REQUIREMENTS.—Each State entity 

20 receiving a grant under this section shall submit to the 

21 Secretary, at the end of the third year of the grant period 

22 and at the end of any renewal period, a report that in23 cludes the following: 

24 ‘‘(1) The number of students served by each 

25 subgrant awarded under this section and, if applica-
585 

†S 1177 ES

1 ble, the number of new students served during each 

2 year of the grant period. 

3 ‘‘(2) The number and amount of subgrants 

4 awarded under this section to carry out each of the 

5 following: 

6 ‘‘(A) The opening of new charter schools. 

7 ‘‘(B) The replication of high-quality char8 ter schools. 

9 ‘‘(C) The expansion of high-quality charter 

10 schools. 

11 ‘‘(3) The progress the State entity made toward 

12 meeting the priorities described in subparagraphs 

13 (E) through (G) of subsection (g)(2). 

14 ‘‘(4) A description of— 

15 ‘‘(A) how the State entity complied with, 

16 and ensured that eligible applicants complied 

17 with, the assurances described in the State enti18 ty’s application; 

19 ‘‘(B) how the State entity worked with au20 thorized public chartering agencies, and how 

21 the agencies worked with the management com22 pany or leadership of the schools that receive 

23 subgrant funds, if applicable; and 

24 ‘‘(C) how each recipient of a subgrant 

25 under this section uses the subgrant funds on 
586 

†S 1177 ES

1 early childhood education programs described in 

2 subsection (h)(6), if such recipient chooses to 

3 use such funds on such programs. 

4 ‘‘SEC. 5104. FACILITIES FINANCING ASSISTANCE. 

5 ‘‘(a) GRANTS TO ELIGIBLE ENTITIES.— 

6 ‘‘(1) IN GENERAL.—From the amount reserved 

7 under section 5102(b)(1), the Secretary shall use 

8 not less than 50 percent to award not less than 3 

9 grants, on a competitive basis, to eligible entities 

10 that have the highest-quality applications approved 

11 under subsection (d) to demonstrate innovative 

12 methods of helping charter schools to address the 

13 cost of acquiring, constructing, and renovating facili14 ties by enhancing the availability of loans or bond fi15 nancing. 

16 ‘‘(2) ELIGIBLE ENTITY DEFINED.—For the 

17 purposes of this section, the term ‘eligible entity’ 

18 means— 

19 ‘‘(A) a public entity, such as a State or 

20 local governmental entity; 

21 ‘‘(B) a private nonprofit entity; or 

22 ‘‘(C) a consortium of entities described in 

23 subparagraphs (A) and (B). 

24 ‘‘(b) GRANTEE SELECTION.—The Secretary shall 

25 evaluate each application submitted under subsection (d), 
587 

†S 1177 ES

1 and shall determine whether the application is sufficient 

2 to merit approval. 

3 ‘‘(c) GRANT CHARACTERISTICS.—Grants under sub4 section (a) shall be of sufficient size, scope, and quality 

5 so as to ensure an effective demonstration of an innovative 

6 means of enhancing credit for the financing of charter 

7 school acquisition, construction, or renovation. 

8 ‘‘(d) APPLICATIONS.— 

9 ‘‘(1) IN GENERAL.—An eligible entity desiring 

10 to receive a grant under this section shall submit an 

11 application to the Secretary in such form as the Sec12 retary may reasonably require. 

13 ‘‘(2) CONTENTS.—An application submitted 

14 under paragraph (1) shall contain— 

15 ‘‘(A) a statement identifying the activities 

16 that the eligible entity proposes to carry out 

17 with funds received under subsection (a), in18 cluding how the eligible entity will determine 

19 which charter schools will receive assistance, 

20 and how much and what types of assistance 

21 charter schools will receive; 

22 ‘‘(B) a description of the involvement of 

23 charter schools in the application’s development 

24 and the design of the proposed activities; 
588 

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1 ‘‘(C) a description of the eligible entity’s 

2 expertise in capital market financing; 

3 ‘‘(D) a description of how the proposed ac4 tivities will leverage the maximum amount of 

5 private-sector financing capital relative to the 

6 amount of government funding used and other7 wise enhance credit available to charter schools, 

8 including how the entity will offer a combina9 tion of rates and terms more favorable than the 

10 rates and terms that a charter school could re11 ceive without assistance from the entity under 

12 this section; 

13 ‘‘(E) a description of how the eligible enti14 ty possesses sufficient expertise in education to 

15 evaluate the likelihood of success of a charter 

16 school program for which facilities financing is 

17 sought; and 

18 ‘‘(F) in the case of an application sub19 mitted by a State governmental entity, a de20 scription of the actions that the entity has 

21 taken, or will take, to ensure that charter 

22 schools within the State receive the funding 

23 that charter schools need to have adequate fa24 cilities. 
589 

†S 1177 ES

1 ‘‘(e) CHARTER SCHOOL OBJECTIVES.—An eligible 

2 entity receiving a grant under this section shall use the 

3 funds deposited in the reserve account established under 

4 subsection (f) to assist one or more charter schools to ac5 cess private-sector capital to accomplish one or more of 

6 the following objectives: 

7 ‘‘(1) The acquisition (by purchase, lease, dona8 tion, or otherwise) of an interest (including an inter9 est held by a third party for the benefit of a charter 

10 school) in improved or unimproved real property 

11 that is necessary to commence or continue the oper12 ation of a charter school. 

13 ‘‘(2) The construction of new facilities, includ14 ing predevelopment costs, or the renovation, repair, 

15 or alteration of existing facilities, necessary to com16 mence or continue the operation of a charter school. 

17 ‘‘(3) The predevelopment costs that are re18 quired to assess sites for purposes of paragraph (1) 

19 or (2) and that are necessary to commence or con20 tinue the operation of a charter school. 

21 ‘‘(f) RESERVE ACCOUNT.— 

22 ‘‘(1) USE OF FUNDS.—To assist charter schools 

23 in accomplishing the objectives described in sub24 section (e), an eligible entity receiving a grant under 

25 subsection (a) shall, in accordance with State and 
590 

†S 1177 ES

1 local law, directly or indirectly, alone or in collabora2 tion with others, deposit the funds received under 

3 subsection (a) (other than funds used for adminis4 trative costs in accordance with subsection (g)) in a 

5 reserve account established and maintained by the 

6 eligible entity for this purpose. Amounts deposited in 

7 such account shall be used by the eligible entity for 

8 one or more of the following purposes: 

9 ‘‘(A) Guaranteeing, insuring, and rein10 suring bonds, notes, evidences of debt, loans, 

11 and interests therein, the proceeds of which are 

12 used for an objective described in subsection 

13 (e). 

14 ‘‘(B) Guaranteeing and insuring leases of 

15 personal and real property for an objective de16 scribed in such subsection. 

17 ‘‘(C) Facilitating financing by identifying 

18 potential lending sources, encouraging private 

19 lending, and other similar activities that di20 rectly promote lending to, or for the benefit of, 

21 charter schools. 

22 ‘‘(D) Facilitating the issuance of bonds by 

23 charter schools, or by other public entities for 

24 the benefit of charter schools, by providing 

25 technical, administrative, and other appropriate 
591 

†S 1177 ES

1 assistance (including the recruitment of bond 

2 counsel, underwriters, and potential investors 

3 and the consolidation of multiple charter school 

4 projects within a single bond issue). 

5 ‘‘(2) INVESTMENT.—Funds received under this 

6 section and deposited in the reserve account estab7 lished under paragraph (1) shall be invested in obli8 gations issued or guaranteed by the United States or 

9 a State, or in other similarly low-risk securities. 

10 ‘‘(3) REINVESTMENT OF EARNINGS.—Any earn11 ings on funds received under subsection (a) shall be 

12 deposited in the reserve account established under 

13 paragraph (1) and used in accordance with this sub14 section. 

15 ‘‘(g) LIMITATION ON ADMINISTRATIVE COSTS.—An 

16 eligible entity may use not more than 2.5 percent of the 

17 funds received under subsection (a) for the administrative 

18 costs of carrying out its responsibilities under this section 

19 (excluding subsection (k)). 

20 ‘‘(h) AUDITS AND REPORTS.— 

21 ‘‘(1) FINANCIAL RECORD MAINTENANCE AND

22 AUDIT.—The financial records of each eligible entity 

23 receiving a grant under subsection (a) shall be main24 tained in accordance with generally accepted ac-
592 

†S 1177 ES

1 counting principles and shall be subject to an annual 

2 audit by an independent public accountant. 

3 ‘‘(2) REPORTS.— 

4 ‘‘(A) GRANTEE ANNUAL REPORTS.—Each 

5 eligible entity receiving a grant under sub6 section (a) annually shall submit to the Sec7 retary a report of the entity’s operations and 

8 activities under this section. 

9 ‘‘(B) CONTENTS.—Each annual report 

10 submitted under subparagraph (A) shall in11 clude— 

12 ‘‘(i) a copy of the most recent finan13 cial statements, and any accompanying 

14 opinion on such statements, prepared by 

15 the independent public accountant review16 ing the financial records of the eligible en17 tity; 

18 ‘‘(ii) a copy of any report made on an 

19 audit of the financial records of the eligible 

20 entity that was conducted under paragraph 

21 (1) during the reporting period; 

22 ‘‘(iii) an evaluation by the eligible en23 tity of the effectiveness of its use of the 

24 Federal funds provided under subsection 

25 (a) in leveraging private funds; 
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†S 1177 ES

1 ‘‘(iv) a listing and description of the 

2 charter schools served during the reporting 

3 period, including the amount of funds used 

4 by each school, the type of project facili5 tated by the grant, and the type of assist6 ance provided to the charter schools; 

7 ‘‘(v) a description of the activities car8 ried out by the eligible entity to assist 

9 charter schools in meeting the objectives 

10 set forth in subsection (e); and 

11 ‘‘(vi) a description of the characteris12 tics of lenders and other financial institu13 tions participating in the activities carried 

14 out by the eligible entity under this section 

15 (excluding subsection (k)) during the re16 porting period. 

17 ‘‘(C) SECRETARIAL REPORT.—The Sec18 retary shall review the reports submitted under 

19 subparagraph (A) and shall provide a com20 prehensive annual report to Congress on the ac21 tivities conducted under this section (excluding 

22 subsection (k)). 

23 ‘‘(i) NO FULL FAITH AND CREDIT FOR GRANTEE

24 OBLIGATION.—No financial obligation of an eligible entity 

25 entered into pursuant to this section (such as an obliga-
594 

†S 1177 ES

1 tion under a guarantee, bond, note, evidence of debt, or 

2 loan) shall be an obligation of, or guaranteed in any re3 spect by, the United States. The full faith and credit of 

4 the United States is not pledged to the payment of funds 

5 that may be required to be paid under any obligation made 

6 by an eligible entity pursuant to any provision of this sec7 tion. 

8 ‘‘(j) RECOVERY OF FUNDS.— 

9 ‘‘(1) IN GENERAL.—The Secretary, in accord10 ance with chapter 37 of title 31, United States 

11 Code, shall collect— 

12 ‘‘(A) all of the funds in a reserve account 

13 established by an eligible entity under sub14 section (f)(1) if the Secretary determines, not 

15 earlier than 2 years after the date on which the 

16 eligible entity first received funds under this 

17 section (excluding subsection (k)), that the eli18 gible entity has failed to make substantial 

19 progress in carrying out the purposes described 

20 in subsection (f)(1); or 

21 ‘‘(B) all or a portion of the funds in a re22 serve account established by an eligible entity 

23 under subsection (f)(1) if the Secretary deter24 mines that the eligible entity has permanently 

25 ceased to use all or a portion of the funds in 
595 

†S 1177 ES

1 such account to accomplish any purpose de2 scribed in such subsection. 

3 ‘‘(2) EXERCISE OF AUTHORITY.—The Secretary 

4 shall not exercise the authority provided in para5 graph (1) to collect from any eligible entity any 

6 funds that are being properly used to achieve one or 

7 more of the purposes described in subsection (f)(1). 

8 ‘‘(3) CONSTRUCTION.—This subsection shall 

9 not be construed to impair or affect the authority of 

10 the Secretary to recover funds under part D of the 

11 General Education Provisions Act. 

12 ‘‘(k) PER-PUPIL FACILITIES AID PROGRAM.— 

13 ‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID

14 PROGRAM.—In this subsection, the term ‘per-pupil 

15 facilities aid program’ means a program in which a 

16 State makes payments, on a per-pupil basis, to char17 ter schools to provide the schools with financing— 

18 ‘‘(A) that is dedicated solely to funding 

19 charter school facilities; or 

20 ‘‘(B) a portion of which is dedicated for 

21 funding charter school facilities. 

22 ‘‘(2) GRANTS.— 

23 ‘‘(A) IN GENERAL.—From the amount re24 served under section 5102(b)(1) and remaining 

25 after the Secretary makes grants under sub-
596 

†S 1177 ES

1 section (a), the Secretary shall make grants, on 

2 a competitive basis, to States to pay for the 

3 Federal share of the cost of establishing or en4 hancing, and administering, per-pupil facilities 

5 aid programs. 

6 ‘‘(B) PERIOD.—The Secretary shall award 

7 grants under this subsection for periods of not 

8 more than 5 years. 

9 ‘‘(C) FEDERAL SHARE.—The Federal 

10 share of the cost described in subparagraph (A) 

11 for a per-pupil facilities aid program shall be 

12 not more than— 

13 ‘‘(i) 90 percent of the cost, for the 

14 first fiscal year for which the program re15 ceives assistance under this subsection; 

16 ‘‘(ii) 80 percent for the second such 

17 year; 

18 ‘‘(iii) 60 percent for the third such 

19 year; 

20 ‘‘(iv) 40 percent for the fourth such 

21 year; and 

22 ‘‘(v) 20 percent for the fifth such 

23 year. 

24 ‘‘(D) STATE SHARE.—A State receiving a 

25 grant under this subsection may partner with 1 
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1 or more organizations, and such organizations 

2 may provide not more than 50 percent of the 

3 State share of the cost of establishing or en4 hancing, and administering, the per-pupil facili5 ties aid program. 

6 ‘‘(E) MULTIPLE GRANTS.—A State may 

7 receive more than 1 grant under this sub8 section, so long as the amount of such grant 

9 funds provided to charter schools increases with 

10 each successive grant. 

11 ‘‘(3) USE OF FUNDS.— 

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

13 a grant under this subsection shall use the 

14 funds made available through the grant to es15 tablish or enhance, and administer, a per-pupil 

16 facilities aid program for charter schools in the 

17 State of the applicant. 

18 ‘‘(B) EVALUATIONS; TECHNICAL ASSIST19 ANCE; DISSEMINATION.—From the amount 

20 made available to a State through a grant 

21 under this subsection for a fiscal year, the State 

22 may reserve not more than 5 percent to carry 

23 out evaluations, to provide technical assistance, 

24 and to disseminate information. 
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†S 1177 ES

1 ‘‘(C) SUPPLEMENT, NOT SUPPLANT.—In 

2 accordance with the method of determination 

3 described in section 1117, funds made available 

4 under this subsection shall be used to supple5 ment, and not supplant, State and local public 

6 funds expended to provide per-pupil facilities 

7 aid programs, operations financing programs, 

8 or other programs, for charter schools. 

9 ‘‘(4) REQUIREMENTS.— 

10 ‘‘(A) VOLUNTARY PARTICIPATION.—No 

11 State may be required to participate in a pro12 gram carried out under this subsection. 

13 ‘‘(B) STATE LAW.— 

14 ‘‘(i) IN GENERAL.—To be eligible to 

15 receive a grant under this subsection, a 

16 State shall establish or enhance, and ad17 minister, a per-pupil facilities aid program 

18 for charter schools in the State, that— 

19 ‘‘(I) is specified in State law; and 

20 ‘‘(II) provides annual financing, 

21 on a per-pupil basis, for charter 

22 school facilities. 

23 ‘‘(ii) SPECIAL RULE.—A State that is 

24 required under State law to provide its 

25 charter schools with access to adequate fa-
599 

†S 1177 ES

1 cility space may be eligible to receive a 

2 grant under this subsection if the State 

3 agrees to use the funds to develop a per4 pupil facilities aid program consistent with 

5 the requirements of this subsection. 

6 ‘‘(5) APPLICATIONS.—To be eligible to receive a 

7 grant under this subsection, a State shall submit an 

8 application to the Secretary at such time, in such 

9 manner, and containing such information as the Sec10 retary may require. 

11 ‘‘SEC. 5105. NATIONAL ACTIVITIES. 

12 ‘‘(a) IN GENERAL.—From the amount reserved 

13 under section 5102(b)(2), the Secretary shall— 

14 ‘‘(1) use not less than 80 percent of such funds 

15 to award grants in accordance with subsection (b); 

16 and 

17 ‘‘(2) use the remainder of such funds to— 

18 ‘‘(A) disseminate technical assistance to 

19 State entities in awarding subgrants under sec20 tion 5103(b)(1)(A); 

21 ‘‘(B) disseminate best practices regarding 

22 public charter schools; 

23 ‘‘(C) evaluate the impact of the charter 

24 school program carried out under this part, in25 cluding the impact on student achievement; and 
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1 ‘‘(D) award grants, on a competitive basis, 

2 for the purpose of carrying out the activities de3 scribed in section 5103(h), to eligible applicants 

4 that desire to open a charter school, replicate a 

5 high-quality charter school, or expand a high6 quality charter school in— 

7 ‘‘(i) a State that did not apply for a 

8 grant under section 5103; or 

9 ‘‘(ii) a State that did not receive a 

10 grant under section 5103. 

11 ‘‘(b) GRANTS FOR THE REPLICATION AND EXPAN12 SION OF HIGH-QUALITY CHARTER SCHOOLS.—The Sec13 retary shall make grants, on a competitive basis, to eligible 

14 entities having applications approved under paragraph (2) 

15 to enable such entities to replicate a high-quality charter 

16 school or expand a high-quality charter school. 

17 ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—For 

18 purposes of this subsection, the term ‘eligible entity’ 

19 means— 

20 ‘‘(A) a charter management organization 

21 that, at the time of the application, operates or 

22 manages one or more high-quality charter 

23 schools; or 
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1 ‘‘(B) a nonprofit organization that oversees 

2 and coordinates the activities of a group of such 

3 charter management organizations. 

4 ‘‘(2) APPLICATION REQUIREMENTS.—An eligi5 ble entity desiring to receive a grant under this sub6 section shall submit an application to the Secretary 

7 at such time and in such manner as the Secretary 

8 may require. The application shall include the fol9 lowing: 

10 ‘‘(A) A description of the eligible entity’s 

11 objectives for implementing a high-quality char12 ter school program with funding under this sub13 section, including a description of the proposed 

14 number of high-quality charter schools to be 

15 replicated or expanded with funding under this 

16 subsection. 

17 ‘‘(B) A description of the educational pro18 gram that the eligible entity will implement in 

19 the charter schools that the eligible entity pro20 poses to replicate or expand, including informa21 tion on how the program will enable all stu22 dents to meet the challenging State academic 

23 standards under section 1111(b)(1), the grade 

24 levels or ages of students who will be served, 
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1 and the instructional practices that will be 

2 used. 

3 ‘‘(C) A multi-year financial and operating 

4 model for the eligible entity, including a de5 scription of how the operation of the charter 

6 schools to be replicated or expanded will be sus7 tained after the grant under this subsection has 

8 ended. 

9 ‘‘(D) A description of how the eligible enti10 ty will inform all students in the community, in11 cluding children with disabilities, students who 

12 are English learners, and other educationally 

13 disadvantaged students, about the charter 

14 schools to be replicated or expanded with fund15 ing under this subsection. 

16 ‘‘(E) For each charter school currently op17 erated or managed by the eligible entity— 

18 ‘‘(i) student assessment results for all 

19 students and for each category of students 

20 described in section 1111(b)(2)(B)(xi); and 

21 ‘‘(ii) attendance and student retention 

22 rates for the most recently completed 

23 school year and, if applicable, the most re24 cent available 4-year adjusted cohort grad25 uation rates and extended-year adjusted 
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1 cohort graduation rates (as such rates 

2 were calculated on the day before enact3 ment of the Every Child Achieves Act of 

4 2015). 

5 ‘‘(F) Information on any significant com6 pliance issues encountered, within the last 3 

7 years, by any school operated or managed by 

8 the eligible entity, including in the areas of stu9 dent safety and financial management. 

10 ‘‘(G) A request and justification for any 

11 waivers of Federal statutory or regulatory re12 quirements that the eligible entity believes are 

13 necessary for the successful operation of the 

14 charter schools to be replicated or expanded 

15 with funding under this subsection. 

16 ‘‘(3) SELECTION CRITERIA.—The Secretary 

17 shall select eligible entities to receive grants under 

18 this subsection, on the basis of the quality of the ap19 plications submitted under paragraph (2), after tak20 ing into consideration such factors as— 

21 ‘‘(A) the degree to which the eligible entity 

22 has demonstrated success in increasing aca23 demic achievement and attainment for all stu24 dents attending the charter schools the eligible 

25 entity operates or manages; 
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1 ‘‘(B) the degree to which the eligible entity 

2 has demonstrated success in increasing aca3 demic achievement and attainment for each of 

4 the categories of students, as defined in section 

5 1111(b)(3)(A); 

6 ‘‘(C) the quality of the eligible entity’s fi7 nancial and operating model as described under 

8 paragraph (2)(C), including the quality of the 

9 eligible entity’s plan for sustaining the oper10 ation of the charter schools to be replicated or 

11 expanded after the grant under this subsection 

12 has ended; 

13 ‘‘(D) a determination that the eligible enti14 ty has not operated or managed a significant 

15 proportion of charter schools that— 

16 ‘‘(i) have been closed; 

17 ‘‘(ii) have had a school charter re18 voked due to problems with statutory or 

19 regulatory compliance; or 

20 ‘‘(iii) have had the school’s affiliation 

21 with the eligible entity revoked; and 

22 ‘‘(E) a determination that the eligible enti23 ty has not experienced significant problems with 

24 statutory or regulatory compliance that could 

25 lead to the revocation of a school’s charter. 
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1 ‘‘(4) PRIORITY.—In awarding grants under this 

2 section, the Secretary shall give priority to eligible 

3 entities that operate or manage charter schools that, 

4 in the aggregate, serve students at least 60 percent 

5 of whom are eligible for a free or reduced price 

6 lunch under the Richard B. Russell National School 

7 Lunch Act. 

8 ‘‘(5) TERMS AND CONDITIONS.—Except as oth9 erwise provided in this subsection, grants awarded 

10 under subsection (a)(2)(D) and this subsection shall 

11 have the same terms and conditions as grants 

12 awarded to State entities under section 5103.’’; 

13 (2) in section 5106 (20 U.S.C. 7221e), as re14 designated by section 5001(7), by adding at the end 

15 the following: 

16 ‘‘(c) NEW OR SIGNIFICANTLY EXPANDING CHARTER

17 SCHOOLS.—For purposes of implementing the hold harm18 less protections in sections 1122(c) and 1125A(g)(3) for 

19 a newly opened or significantly expanded charter school 

20 under subsection (a), a State educational agency shall cal21 culate a hold-harmless base for the prior year that, as ap22 plicable, reflects the new or significantly expanded enroll23 ment of the charter school.’’; 

24 (3) in section 5108 (20 U.S.C. 7221g), as re25 designated by section 5001(7), by inserting ‘‘as 
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1 quickly as possible and’’ before ‘‘to the extent prac2 ticable’’; 

3 (4) in section 5110 (20 U.S.C. 7221i), as redes4 ignated by section 5001(7)— 

5 (A) by redesignating paragraphs (1), (2), 

6 and (3) as paragraphs (2), (5), and (6), respec7 tively; 

8 (B) by redesignating paragraph (4) as 

9 paragraph (1), and moving such paragraph so 

10 as to precede paragraph (2), as redesignated by 

11 subparagraph (A); 

12 (C) in paragraph (2), as redesignated by 

13 subparagraph (A)— 

14 (i) in subparagraph (G), by striking ‘‘, 

15 and part B’’ and inserting ‘‘, the Ameri16 cans with Disabilities Act of 1990 (42 

17 U.S.C. 12101 et seq.), section 444 of the 

18 General Education Provisions Act (20 

19 U.S.C. 1232g) (commonly referred to as 

20 the ‘Family Educational Rights and Pri21 vacy Act of 1974’), and part B’’; 

22 (ii) by striking subparagraph (H) and 

23 inserting the following: 

24 ‘‘(H) is a school to which parents choose to 

25 send their children, and that— 
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1 ‘‘(i) admits students on the basis of a 

2 lottery, if more students apply for admis3 sion than can be accommodated; or 

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

5 an affiliated charter school (such as a 

6 school that is part of the same network of 

7 schools), automatically enrolls students 

8 who are enrolled in the immediate prior 

9 grade level of the affiliated charter school 

10 and, for any additional student openings or 

11 student openings created through regular 

12 attrition in student enrollment in the affili13 ated charter school and the enrolling 

14 school, admits students on the basis of a 

15 lottery as described in clause (i);’’; 

16 (iii) by striking subparagraph (I) and 

17 inserting the following: 

18 ‘‘(I) agrees to comply with the same Fed19 eral and State audit requirements as do other 

20 elementary schools and secondary schools in the 

21 State, unless such State audit requirements are 

22 waived by the State;’’; 

23 (iv) in subparagraph (K), by striking 

24 ‘‘and’’ at the end; 
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1 (v) in subparagraph (L), by striking 

2 the period at the end and inserting ‘‘; 

3 and’’; and 

4 (vi) by adding at the end the fol5 lowing: 

6 ‘‘(M) may serve students in early 

7 childhood education programs or post8 secondary students.’’; 

9 (D) by inserting after paragraph (2), as 

10 redesignated by subparagraph (A), the fol11 lowing: 

12 ‘‘(3) CHARTER MANAGEMENT ORGANIZATION.— 

13 The term ‘charter management organization’ means 

14 a nonprofit organization that operates or manages 

15 multiple charter schools by centralizing or sharing 

16 certain functions or resources. 

17 ‘‘(4) CHARTER SCHOOL SUPPORT ORGANIZA18 TION.—The term ‘charter school support organiza19 tion’ means a nonprofit, nongovernmental entity that 

20 is not an authorized public chartering agency and 

21 provides, on a statewide basis— 

22 ‘‘(A) assistance to developers during the 

23 planning, program design, and initial implemen24 tation of a charter school; and 
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1 ‘‘(B) technical assistance to operating 

2 charter schools.’’; 

3 (E) in paragraph (6)(B), as redesignated 

4 by subparagraph (A), by striking ‘‘under sec5 tion 5203(d)(3)’’; and 

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

7 ‘‘(7) EXPANSION OF A HIGH-QUALITY CHARTER

8 SCHOOL.—The term ‘expansion of a high-quality 

9 charter school’ means increasing the enrollment at a 

10 high-quality charter school by not less than 50 per11 cent or adding 2 or more grades to a high-quality 

12 charter school. 

13 ‘‘(8) HIGH-QUALITY CHARTER SCHOOL.—The 

14 term ‘high-quality charter school’ means a charter 

15 school that— 

16 ‘‘(A) shows evidence of strong academic re17 sults, which may include strong student aca18 demic growth, as determined by a State; 

19 ‘‘(B) has no significant issues in the areas 

20 of student safety, financial and operational 

21 management, or statutory or regulatory compli22 ance; 

23 ‘‘(C) has demonstrated success in signifi24 cantly increasing student academic achieve25 ment, including graduation rates where applica-
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1 ble, for all students served by the charter 

2 school; and 

3 ‘‘(D) has demonstrated success in increas4 ing student academic achievement, including 

5 graduation rates where applicable, for each of 

6 the categories of students, as defined in section 

7 1111(b)(3)(A), except that such demonstration 

8 is not required in a case in which the number 

9 of students in a group is insufficient to yield 

10 statistically reliable information or the results 

11 would reveal personally identifiable information 

12 about an individual student. 

13 ‘‘(9) REPLICATION OF A HIGH-QUALITY CHAR14 TER SCHOOL.—The term ‘replication of a high-qual15 ity charter school’ means the opening of a charter 

16 school— 

17 ‘‘(A) under an existing charter or an addi18 tional charter, if permitted by State law; 

19 ‘‘(B) based on the model of a high-quality 

20 charter school; and 

21 ‘‘(C) that will be operated or managed by 

22 the same nonprofit organization that operates 

23 or manages such high-quality charter school 

24 under an existing charter.’’; and 
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1 (5) by striking section 5111 (20 U.S.C. 7221j), 

2 as redesignated by section 5001(7), and inserting 

3 the following: 

4 ‘‘SEC. 5111. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘There are authorized to be appropriated to carry out 

6 this part such sums as may be necessary for each of fiscal 

7 years 2016 through 2021.’’. 

8 SEC. 5003. MAGNET SCHOOLS ASSISTANCE. 

9 Part B of title V (20 U.S.C. 7231 et seq.), as redesig10 nated by section 5001(5), is amended— 

11 (1) in section 5201(b), as redesignated by sec12 tion 5001(8)— 

13 (A) in paragraph (1)— 

14 (i) by inserting ‘‘and the increase of 

15 socioeconomic integration’’ before ‘‘in ele16 mentary schools and secondary schools’’; 

17 and 

18 (ii) by inserting ‘‘low-income and’’ be19 fore ‘‘minority students’’; 

20 (B) in paragraph (2)— 

21 (i) by striking ‘‘and implementation’’ 

22 and inserting ‘‘, implementation, and ex23 pansion’’; and 

24 (ii) by striking ‘‘content standards 

25 and student academic achievement stand-
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1 ards’’ and inserting ‘‘standards under sec2 tion 1111(b)(1)’’; 

3 (C) in paragraph (3), by striking ‘‘and de4 sign’’ and inserting ‘‘, design, and expansion’’; 

5 (D) in paragraph (4), by striking ‘‘voca6 tional’’ and inserting ‘‘career’’; and 

7 (E) in paragraph (6), by striking ‘‘produc8 tive employment’’ and inserting ‘‘to enter into 

9 the workforce without the need for postsec10 ondary education’’; 

11 (2) in section 5202, as redesignated by section 

12 5001(8), by striking ‘‘backgrounds’’ and inserting ‘‘, 

13 ethnic, and socioeconomic backgrounds’’; 

14 (3) in section 5205(b), as redesignated by sec15 tion 5001(8)— 

16 (A) in paragraph (1)— 

17 (i) in subparagraph (A), by inserting 

18 ‘‘any available evidence on’’ before ‘‘how 

19 the proposed magnet school programs’’; 

20 (ii) in subparagraph (B), by inserting 

21 ‘‘, including any evidence available to sup22 port such description’’ before the semi23 colon; 
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1 (iii) by redesignating subparagraphs 

2 (D) and (E) as subparagraphs (E) and 

3 (F), respectively; and 

4 (iv) by inserting after subparagraph 

5 (C) the following: 

6 ‘‘(D) how the applicant will assess, mon7 itor, and evaluate the impact of the activities 

8 funded under this part on student achievement 

9 and integration;’’; and 

10 (B) in paragraph (2)— 

11 (i) in the matter preceding subpara12 graph (A), by striking ‘‘will’’; 

13 (ii) in subparagraph (A)— 

14 (I) by inserting ‘‘will’’ before 

15 ‘‘use grant funds’’; and 

16 (II) by striking ‘‘section 

17 5301(b)’’ and inserting ‘‘section 

18 5201(b)’’; 

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

20 ‘‘employ highly qualified’’ and inserting 

21 ‘‘will employ effective’’; 

22 (iv) in subparagraph (C), by striking 

23 ‘‘not engage in’’ and inserting ‘‘is not cur24 rently engaging in and will not engage in’’; 
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1 (v) in subparagraph (D), by inserting 

2 ‘‘will’’ before carry out; and 

3 (vi) in subparagraph (E), by inserting 

4 ‘‘will’’ before ‘‘give students’’; 

5 (4) in section 5206, as redesignated by section 

6 5001(8), by striking paragraph (2) and inserting the 

7 following: 

8 ‘‘(2) propose to— 

9 ‘‘(A) carry out a new, evidence-based mag10 net school program; 

11 ‘‘(B) significantly revise an existing mag12 net school program, using evidence-based meth13 ods and practices, as available; or 

14 ‘‘(C) expand an existing magnet school 

15 program that has a demonstrated record of suc16 cess in increasing student academic achieve17 ment, reducing isolation of minority groups, 

18 and increasing socioeconomic integration; and’’; 

19 (5) in section 5207, as redesignated by section 

20 5001(8)— 

21 (A) in subsection (a)— 

22 (i) in paragraph (3), by striking ‘‘who 

23 are highly qualified’’; 

24 (ii) in paragraph (6), by striking 

25 ‘‘and’’ at the end; 
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1 (iii) in paragraph (7), by striking the 

2 period and inserting ‘‘; and’’; and 

3 (iv) by adding at the end the fol4 lowing: 

5 ‘‘(8) to enable the local educational agency, or 

6 consortium of such agencies, or other organizations 

7 partnered with such agency or consortium, to estab8 lish, expand, or strengthen inter-district and regional 

9 magnet programs.’’; and 

10 (B) in subsection (b), by striking ‘‘the 

11 State’s challenging academic content’’ and all 

12 that follows through the period and inserting 

13 ‘‘the challenging State academic standards 

14 under section 1111(b)(1) or are directly related 

15 to improving student academic, career, or tech16 nological skills and professional skills.’’; 

17 (6) in section 5208, as redesignated by section 

18 5001(10)— 

19 (A) in subsection (a), by striking ‘‘for a 

20 period’’ and all that follows through the period 

21 and inserting ‘‘for an initial period of not more 

22 than 3 fiscal years, and may be renewed for not 

23 more than an additional 2 years if the Sec24 retary finds that the recipient of a grant under 

25 this part is achieving the intended outcomes of 
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1 the grant and shows improvement in increasing 

2 student academic achievement, reducing minor3 ity group isolation, and increasing socio4 economic integration, or other indicators of suc5 cess established by the Secretary.’’; and 

6 (B) in subsection (d), by striking ‘‘July’’ 

7 and inserting ‘‘June’’; and 

8 (7) in section 5209, as redesignated by section 

9 5001(10)— 

10 (A) in subsection (a), by striking 

11 ‘‘$125,000,000’’ and all that follows through 

12 the period and inserting ‘‘such sums as may be 

13 necessary for each of fiscal years 2016 through 

14 2021.’’; 

15 (B) by redesignating subsection (b) as sub16 section (c); and 

17 (C) by inserting after subsection (a) the 

18 following: 

19 ‘‘(b) RESERVATION FOR TECHNICAL ASSISTANCE.— 

20 The Secretary may reserve not more than 1 percent of 

21 the funds appropriated under subsection (a) for any fiscal 

22 year to provide technical assistance and carry out dissemi23 nation projects with respect to magnet school programs 

24 assisted under this part.’’. 
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1 SEC. 5004. SUPPORTING HIGH-ABILITY LEARNERS AND 

2 LEARNING. 

3 Title V (20 U.S.C. 7201 et seq.), as amended by sec4 tion 5001, is further amended by inserting after part B 

5 the following: 

6 ‘‘PART C—SUPPORTING HIGH-ABILITY LEARNERS 

7 AND LEARNING 

8 ‘‘SEC. 5301. SHORT TITLE. 

9 ‘‘This part may be cited as the ‘Jacob K. Javits Gift10 ed and Talented Students Education Act of 2015’. 

11 ‘‘SEC. 5302. PURPOSE. 

12 ‘‘The purpose of this part is to initiate a coordinated 

13 program of evidence-based research, demonstration 

14 projects, innovative strategies, and similar activities de15 signed to build and enhance the ability of elementary 

16 schools and secondary schools nationwide to meet the spe17 cial educational needs of gifted and talented students. 

18 ‘‘SEC. 5303. RULE OF CONSTRUCTION. 

19 ‘‘Nothing in this part shall be construed to prohibit 

20 a recipient of funds under this part from serving gifted 

21 and talented students simultaneously with students with 

22 similar educational needs, in the same educational set23 tings, where appropriate. 

24 ‘‘SEC. 5304. AUTHORIZED PROGRAMS. 

25 ‘‘(a) ESTABLISHMENT OF PROGRAM.— 
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1 ‘‘(1) IN GENERAL.—The Secretary (after con2 sultation with experts in the field of the education 

3 of gifted and talented students) is authorized to 

4 make grants to, or enter into contracts with, State 

5 educational agencies, local educational agencies, in6 stitutions of higher education, other public agencies, 

7 and other private agencies and organizations to as8 sist such agencies, institutions, and organizations in 

9 carrying out programs or projects authorized by this 

10 part that are designed to meet the educational needs 

11 of gifted and talented students, including the train12 ing of personnel in the education of gifted and tal13 ented students and in the use, where appropriate, of 

14 gifted and talented services, materials, and methods 

15 for all students. 

16 ‘‘(2) APPLICATION.—Each entity seeking assist17 ance under this part shall submit an application to 

18 the Secretary at such time, in such manner, and 

19 containing such information as the Secretary may 

20 reasonably require. Each such application shall de21 scribe how— 

22 ‘‘(A) the proposed gifted and talented serv23 ices, materials, and methods can be adapted, if 

24 appropriate, for use by all students; and 
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†S 1177 ES

1 ‘‘(B) the proposed programs can be evalu2 ated. 

3 ‘‘(b) USE OF FUNDS.—Programs and projects as4 sisted under this section may include each of the following: 

5 ‘‘(1) Conducting evidence-based research on 

6 methods and techniques for identifying and teaching 

7 gifted and talented students and for using gifted and 

8 talented programs and methods to serve all students. 

9 ‘‘(2) Establishing and operating model projects 

10 and exemplary programs for serving gifted and tal11 ented students, including innovative methods for 

12 identifying and educating students who may not be 

13 served by traditional gifted and talented programs 

14 (such as summer programs, mentoring programs, 

15 service learning programs, and cooperative programs 

16 involving business, industry, and education). 

17 ‘‘(3) Implementing innovative strategies, such 

18 as cooperative learning, peer tutoring, and service 

19 learning. 

20 ‘‘(4) Carrying out programs of technical assist21 ance and information dissemination, including as22 sistance and information with respect to how gifted 

23 and talented programs and methods, where appro24 priate, may be adapted for use by all students. 
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†S 1177 ES

1 ‘‘(c) SPECIAL RULE.—To the extent that the amount 

2 of funds appropriated to carry out this part for a fiscal 

3 year beginning with fiscal year 2016 exceed the amount 

4 of $7,500,000, the Secretary shall use such excess funds 

5 to award grants, on a competitive basis, to State edu6 cational agencies, local educational agencies, or both, to 

7 implement activities described in subsection (b). 

8 ‘‘(d) CENTER FOR RESEARCH AND DEVELOPMENT.— 

9 ‘‘(1) IN GENERAL.—The Secretary (after con10 sultation with experts in the field of the education 

11 of gifted and talented students) shall establish a Na12 tional Research Center for the Education of Gifted 

13 and Talented Children and Youth through grants to, 

14 or contracts with, one or more institutions of higher 

15 education or State educational agencies, or a com16 bination or consortium of such institutions and 

17 agencies and other public or private agencies and or18 ganizations, for the purpose of carrying out activities 

19 described in subsection (b). 

20 ‘‘(2) DIRECTOR.—The National Center shall be 

21 headed by a Director. The Secretary may authorize 

22 the Director to carry out such functions of the Na23 tional Center as may be agreed upon through ar24 rangements with institutions of higher education, 

25 State educational agencies, local educational agen-
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1 cies, or other public or private agencies and organi2 zations. 

3 ‘‘(3) FUNDING.—For each fiscal year, the Sec4 retary may use not more than $2,250,000 to carry 

5 out this subsection. 

6 ‘‘(e) COORDINATION.—Evidence-based activities sup7 ported under this part— 

8 ‘‘(1) shall be carried out in consultation with 

9 the Institute of Education Sciences to ensure that 

10 such activities are coordinated with and enhance the 

11 research and development activities supported by the 

12 Institute; and 

13 ‘‘(2) may include collaborative evidence-based 

14 activities which are jointly funded and carried out 

15 with such Institute. 

16 ‘‘SEC. 5305. PROGRAM PRIORITIES. 

17 ‘‘(a) GENERAL PRIORITY.—In carrying out this part, 

18 the Secretary shall give highest priority to programs and 

19 projects designed to develop new information that— 

20 ‘‘(1) improves the capability of schools to plan, 

21 conduct, and improve programs to identify and serve 

22 gifted and talented students; and 

23 ‘‘(2) assists schools in the identification of, and 

24 provision of services to, gifted and talented students 

25 (including economically disadvantaged individuals, 
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1 individuals who are English learners, and children 

2 with disabilities) who may not be identified and 

3 served through traditional assessment methods. 

4 ‘‘(b) SERVICE PRIORITY.—The Secretary shall ensure 

5 that not less than 50 percent of the applications approved 

6 under section 5304(a)(2) in a fiscal year address the pri7 ority described in subsection (a)(2). 

8 ‘‘SEC. 5306. GENERAL PROVISIONS. 

9 ‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN

10 AND TEACHERS.—In making grants and entering into 

11 contracts under this part, the Secretary shall ensure, 

12 where appropriate, that provision is made for the equitable 

13 participation of students and teachers in private nonprofit 

14 elementary schools and secondary schools, including the 

15 participation of teachers and other personnel in profes16 sional development programs serving such students. 

17 ‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.— 

18 The Secretary shall— 

19 ‘‘(1) use a peer-review process in reviewing ap20 plications under this part; 

21 ‘‘(2) ensure that information on the activities 

22 and results of programs and projects funded under 

23 this part is disseminated to appropriate State edu24 cational agencies, local educational agencies, and 
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1 other appropriate organizations, including nonprofit 

2 private organizations; and 

3 ‘‘(3) evaluate the effectiveness of programs 

4 under this part in accordance with section 9601, in 

5 terms of the impact on students traditionally served 

6 in separate gifted and talented programs and on 

7 other students, and submit the results of such eval8 uation to Congress not later than 2 years after the 

9 date of enactment of the Every Child Achieves Act 

10 of 2015. 

11 ‘‘(c) PROGRAM OPERATIONS.—The Secretary shall 

12 ensure that the programs under this part are administered 

13 within the Department by a person who has recognized 

14 professional qualifications and experience in the field of 

15 the education of gifted and talented students and who 

16 shall— 

17 ‘‘(1) administer and coordinate the programs 

18 authorized under this part; 

19 ‘‘(2) serve as a focal point of national leader20 ship and information on the educational needs of 

21 gifted and talented students and the availability of 

22 educational services and programs designed to meet 

23 such needs; 
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1 ‘‘(3) assist the Director of the Institute of Edu2 cation Sciences in identifying research priorities that 

3 reflect the needs of gifted and talented students; and 

4 ‘‘(4) disseminate, and consult on, the informa5 tion developed under this part with other offices 

6 within the Department. 

7 ‘‘SEC. 5307. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘There are authorized to be appropriated to carry out 

9 this part such sums as may be necessary for each of fiscal 

10 years 2016 through 2021.’’. 

11 SEC. 5005. EDUCATION INNOVATION AND RESEARCH. 

12 Title V (20 U.S.C. 7201 et seq.), as amended by sec13 tion 5001, is further amended by inserting after part C, 

14 as added by section 5004, the following: 

15 ‘‘PART D—EDUCATION INNOVATION AND 

16 RESEARCH 

17 ‘‘SEC. 5401. GRANTS FOR EDUCATION INNOVATION AND RE18 SEARCH. 

19 ‘‘(a) PROGRAM AUTHORIZED.—From funds appro20 priated under subsection (e), the Secretary shall make 

21 grants to eligible entities for the development, implemen22 tation, replication, or scaling and rigorous testing of entre23 preneurial, evidence-based, field-initiated innovations to 

24 improve student achievement and attainment for high25 need students, including— 
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1 ‘‘(1) early-phase grants to fund the develop2 ment, implementation, and feasibility testing of a 

3 program that prior research suggests has promise, 

4 for the purpose of determining whether the program 

5 can successfully improve student achievement or at6 tainment for high-need students; 

7 ‘‘(2) mid-phase grants to fund implementation 

8 and a rigorous evaluation of a program that has 

9 been successfully implemented under an early-phase 

10 grant or other effort meeting similar criteria, for the 

11 purpose of measuring the program’s impact and cost 

12 effectiveness, if possible using existing administra13 tive data; or 

14 ‘‘(3) expansion grants to fund implementation 

15 and a rigorous replication evaluation of a program 

16 that has been found to produce sizable, important 

17 impacts under a mid-phase grant or other effort 

18 meeting similar criteria, for the purpose of deter19 mining whether such impacts can be successfully re20 produced and sustained over time, and identifying 

21 the conditions in which the program is most effec22 tive. 

23 ‘‘(b) ELIGIBLE ENTITY.—In this section, the term 

24 ‘eligible entity’ means any of the following: 

25 ‘‘(1) A local educational agency. 
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1 ‘‘(2) A State educational agency. 

2 ‘‘(3) A consortium of State educational agencies 

3 or local educational agencies. 

4 ‘‘(4) A State educational agency or a local edu5 cational agency, in partnership with— 

6 ‘‘(A) a nonprofit organization; 

7 ‘‘(B) a small business; 

8 ‘‘(C) a charter management organization; 

9 ‘‘(D) an educational service agency; or 

10 ‘‘(E) an institution of higher education. 

11 ‘‘(c) RURAL AREAS.—In awarding grants under sub12 section (a), the Secretary shall ensure that not less than 

13 25 percent of the funds for any fiscal year are awarded 

14 for projects that meet both of the following requirements: 

15 ‘‘(1) The grantee is— 

16 ‘‘(A) a local educational agency with an 

17 urban-centric district locale code of 32, 33, 41, 

18 42, or 43, as determined by the Secretary; 

19 ‘‘(B) a consortium of such local edu20 cational agencies; or 

21 ‘‘(C) an educational service agency or a 

22 nonprofit organization in partnership with such 

23 a local educational agency. 

24 ‘‘(2) A majority of the schools to be served by 

25 the project are designated with a school locale code 
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1 of 32, 33, 41, 42, or 43, or a combination of such 

2 codes, as determined by the Secretary. 

3 ‘‘(d) MATCHING FUNDS.—In order to receive a grant 

4 under subsection (a), an eligible entity shall demonstrate 

5 that the eligible entity will provide matching funds in an 

6 amount equal to 10 percent of the funds provided under 

7 a grant under this part, except that the Secretary may 

8 waive the matching funds requirement, on a case-by-case 

9 basis, upon a showing of exceptional circumstances, such 

10 as— 

11 ‘‘(1) the difficulty of raising matching funds for 

12 a project to serve a rural area; 

13 ‘‘(2) the difficulty of raising matching funds in 

14 areas with a concentration of local educational agen15 cies or schools with a high percentage of students 

16 aged 5 through 17— 

17 ‘‘(A) who are in poverty, as counted in the 

18 most recent census data approved by the Sec19 retary; 

20 ‘‘(B) who are eligible for a free or reduced 

21 priced lunch under the Richard B. Russell Na22 tional School Lunch Act; 

23 ‘‘(C) whose families receive assistance 

24 under the State program funded under part A 
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1 of title IV of the Social Security Act (42 U.S.C. 

2 601 et seq.); or 

3 ‘‘(D) who are eligible to receive medical as4 sistance under the Medicaid program; and 

5 ‘‘(3) the difficulty of raising funds in des6 ignated tribal areas. 

7 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this section 

9 such sums as may be necessary for each of fiscal years 

10 2016 through 2021.’’. 

11 SEC. 5006. ACCELERATED LEARNING. 

12 Title V (20 U.S.C. 7201 et seq.), as amended by sec13 tion 5001, is further amended by inserting after part D, 

14 as added by section 5005, the following: 

15 ‘‘PART E—ACCELERATED LEARNING 

16 ‘‘SEC. 5501. SHORT TITLE. 

17 ‘‘This part may be cited as the ‘Accelerated Learning 

18 Act of 2015’. 

19 ‘‘SEC. 5502. PURPOSES. 

20 ‘‘The purposes of this part are— 

21 ‘‘(1) to raise student academic achievement 

22 through accelerated learning programs, including 

23 Advanced Placement and International Bacca24 laureate programs, dual or concurrent enrollment 

25 programs, and early college high schools that provide 
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1 postsecondary-level instruction, examinations, or se2 quences of courses that are widely accepted for cred3 it at institutions of higher education; 

4 ‘‘(2) to increase the number of students attend5 ing high-need schools who enroll and succeed in ac6 celerated learning courses, accelerated learning ex7 aminations, dual or concurrent enrollment programs, 

8 and early college high school courses; 

9 ‘‘(3) to support efforts by States and local edu10 cational agencies to increase the availability of, and 

11 enrollment in, accelerated learning courses, pre-ac12 celerated learning courses, dual or concurrent enroll13 ment programs, and early college high school courses 

14 in high-need schools; and 

15 ‘‘(4) to provide high-quality professional devel16 opment for teachers of accelerated learning courses, 

17 pre-accelerated learning courses, dual or concurrent 

18 enrollment programs, and early college high school 

19 courses in high-need schools. 

20 ‘‘SEC. 5503. FUNDING DISTRIBUTION RULE. 

21 ‘‘From amounts appropriated under section 5508 for 

22 a fiscal year, the Secretary shall give priority to funding 

23 activities under section 5504 and shall distribute any re24 maining funds under section 5505. 
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1 ‘‘SEC. 5504. ACCELERATED LEARNING EXAMINATION FEE 

2 PROGRAM. 

3 ‘‘(a) GRANTS AUTHORIZED.—From amounts made 

4 available under section 5503 for a fiscal year, the Sec5 retary shall award grants to State educational agencies 

6 having applications approved under this section to enable 

7 the State educational agencies to reimburse low-income 

8 students to cover part or all of the costs of accelerated 

9 learning examination fees, if the low-income students— 

10 ‘‘(1) are enrolled in accelerated learning 

11 courses; and 

12 ‘‘(2) plan to take accelerated learning examina13 tions. 

14 ‘‘(b) AWARD BASIS.—In determining the amount of 

15 the grant awarded to a State educational agency under 

16 this section for a fiscal year, the Secretary shall consider 

17 the number of children eligible to be counted under section 

18 1124(c) in the State in relation to the number of such 

19 children so counted in all States. 

20 ‘‘(c) INFORMATION DISSEMINATION.—A State edu21 cational agency that is awarded a grant under this section 

22 shall make publicly available information regarding the 

23 availability of accelerated learning examination fee pay24 ments under this section, and shall disseminate such infor25 mation to eligible high school students and parents, in26 cluding through high school teachers and counselors. 
631 

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1 ‘‘(d) APPLICATIONS.—Each State educational agency 

2 desiring to receive a grant under this section shall submit 

3 an application to the Secretary at such time, in such man4 ner, and containing such information as the Secretary may 

5 require. At a minimum, each State educational agency ap6 plication shall— 

7 ‘‘(1) describe the accelerated learning examina8 tion fees the State educational agency will pay on 

9 behalf of low-income students in the State from 

10 grant funds awarded under this section; 

11 ‘‘(2) provide an assurance that any grant funds 

12 awarded under this section will be used only to pay 

13 for accelerated learning examination fees; and 

14 ‘‘(3) contain such information as the Secretary 

15 may require to demonstrate that the State edu16 cational agency will ensure that a student is eligible 

17 for payments authorized under this section, includ18 ing ensuring that the student is a low-income stu19 dent. 

20 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

21 such regulations as are necessary to carry out this section. 

22 ‘‘(f) REPORT.— 

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

24 agency awarded a grant under this section shall, 

25 with respect to each accelerated learning course sub-
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1 ject, annually report to the Secretary the following 

2 data for the preceding year: 

3 ‘‘(A) The number of students in the State 

4 who are taking an accelerated learning course 

5 in such subject. 

6 ‘‘(B) The number of accelerated learning 

7 examinations taken by students in the State 

8 who have taken an accelerated learning course 

9 in such subject. 

10 ‘‘(C) The number of students in the State 

11 scoring at each level on accelerated learning ex12 aminations in such subject, disaggregated by 

13 race, ethnicity, sex, English proficiency status, 

14 and socioeconomic status. 

15 ‘‘(D) Demographic information regarding 

16 students in the State taking accelerated learn17 ing courses and accelerated learning examina18 tions in such subject, disaggregated by race, 

19 ethnicity, sex, English proficiency status, and 

20 socioeconomic status. 

21 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

22 shall annually compile the information received from 

23 each State educational agency under paragraph (1) 

24 and report to the authorizing committees of Con25 gress regarding the information. 
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1 ‘‘(g) BUREAU OF INDIAN EDUCATION AS STATE

2 EDUCATIONAL AGENCY.—For purposes of this section, 

3 the Bureau of Indian Education shall be treated as a State 

4 educational agency. 

5 ‘‘SEC. 5505. ACCELERATED LEARNING INCENTIVE PRO6 GRAM GRANTS. 

7 ‘‘(a) GRANTS AUTHORIZED.— 

8 ‘‘(1) IN GENERAL.—From amounts made avail9 able under section 5503 for a fiscal year, the Sec10 retary shall award grants, on a competitive basis, to 

11 eligible entities to enable such entities to carry out 

12 the authorized activities described in subsection (e). 

13 ‘‘(2) DURATION, RENEWAL, AND PAYMENTS.— 

14 ‘‘(A) DURATION.—The Secretary shall 

15 award a grant under this section for a period 

16 of not more than 3 years. 

17 ‘‘(B) RENEWAL.—The Secretary may 

18 renew a grant awarded under this section for 

19 an additional period of not more than 2 years, 

20 if an eligible entity— 

21 ‘‘(i) is achieving the objectives of the 

22 grant; and 

23 ‘‘(ii) has shown improvement against 

24 baseline data on the performance measures 
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1 described in subparagraphs (A) through 

2 (E) of subsection (g)(1). 

3 ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec4 tion, the term ‘eligible entity’ means— 

5 ‘‘(1) a State educational agency; 

6 ‘‘(2) a local educational agency; or 

7 ‘‘(3) a partnership consisting of— 

8 ‘‘(A) a national, regional, or statewide non9 profit organization, with expertise and experi10 ence in providing accelerated learning course 

11 services, dual or concurrent enrollment pro12 grams, and early college high school courses; 

13 and 

14 ‘‘(B) a State educational agency or local 

15 educational agency. 

16 ‘‘(c) APPLICATION.— 

17 ‘‘(1) IN GENERAL.—Each eligible entity desir18 ing a grant under this section shall submit an appli19 cation to the Secretary at such time, in such man20 ner, and containing such information as the Sec21 retary may require. 

22 ‘‘(2) CONTENTS.—The application shall, at a 

23 minimum, include a description of— 
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1 ‘‘(A) the goals and objectives for the 

2 project supported by the grant under this sec3 tion, including— 

4 ‘‘(i) increasing the number of teachers 

5 serving high-need schools who are qualified 

6 to teach accelerated learning courses, dual 

7 or concurrent enrollment programs, and 

8 early college high school courses; 

9 ‘‘(ii) increasing the number of acceler10 ated learning courses, dual or concurrent 

11 enrollment programs, and early college 

12 high school courses that are offered at 

13 high-need schools; and 

14 ‘‘(iii) increasing the number of stu15 dents attending a high-need school, par16 ticularly low-income students, who enroll 

17 and succeed in— 

18 ‘‘(I) accelerated learning courses; 

19 ‘‘(II) if offered by the school, 

20 pre-accelerated learning courses; 

21 ‘‘(III) dual or concurrent enroll22 ment programs; and 

23 ‘‘(IV) early college high school 

24 courses; 
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1 ‘‘(B) how the eligible entity will ensure 

2 that students have access to courses that will 

3 prepare them to enroll and succeed in acceler4 ated learning courses, pre-accelerated learning 

5 courses, dual or concurrent enrollment pro6 grams, and early college high school courses; 

7 ‘‘(C) how the eligible entity will provide 

8 professional development for teachers that will 

9 further the goals and objectives of the grant 

10 project; 

11 ‘‘(D) how the eligible entity will ensure 

12 that teachers serving high-need schools are 

13 qualified to teach accelerated learning courses, 

14 dual or concurrent enrollment programs, and 

15 early college high school courses; 

16 ‘‘(E) how the eligible entity will provide for 

17 the involvement of business and community or18 ganizations and other entities, including institu19 tions of higher education, in carrying out the 

20 activities described in subsection (e); 

21 ‘‘(F) how the eligible entity will use funds 

22 received under this section; and 

23 ‘‘(G) how the eligible entity will evaluate 

24 the success of the grant project. 
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1 ‘‘(d) PRIORITY.—In awarding grants under this sec2 tion, the Secretary shall give priority to applications from 

3 eligible entities that propose to carry out activities in a 

4 local educational agency that is eligible under the small 

5 rural school achievement program or the rural and low6 income school program authorized under subpart 1 or 2 

7 of part B of title VI. 

8 ‘‘(e) AUTHORIZED ACTIVITIES.—Each eligible entity 

9 that receives a grant under this section may use grant 

10 funds for— 

11 ‘‘(1) high-quality teacher professional develop12 ment, in order to expand the pool of teachers in the 

13 participating State, local educational agency, or 

14 high-need school who are qualified to teach acceler15 ated learning courses, dual or concurrent enrollment 

16 programs, and early college high school courses, in17 cluding through innovative models such as online 

18 academies and training institutes; 

19 ‘‘(2) high-quality teacher and counselor profes20 sional development to prepare students for success 

21 in accelerated learning courses, dual or concurrent 

22 enrollment programs, and early college high school 

23 courses; 

24 ‘‘(3) coordination and articulation between 

25 grade levels to prepare students to enroll and suc-
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1 ceed in accelerated learning courses, dual or concur2 rent enrollment programs, and early college high 

3 school courses; 

4 ‘‘(4) the purchase of instructional materials for 

5 accelerated learning courses, dual or concurrent en6 rollment programs, and early college high school 

7 courses; 

8 ‘‘(5) activities to increase the availability of, 

9 and participation in, online accelerated learning 

10 courses, dual or concurrent enrollment programs, 

11 and early college high school courses; 

12 ‘‘(6) carrying out the requirements of sub13 section (g); or 

14 ‘‘(7) in the case of an eligible entity described 

15 in subsection (b)(1), awarding subgrants to local 

16 educational agencies to enable the local educational 

17 agencies to carry out authorized activities described 

18 in paragraphs (1) through (6). 

19 ‘‘(f) CONTRACTS.—An eligible entity that is awarded 

20 a grant to provide online courses under this section may 

21 enter into a contract with an organization to provide accel22 erated learning courses, dual or concurrent enrollment 

23 programs, and early college high school courses, including 

24 contracting for necessary support services. 
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1 ‘‘(g) COLLECTING AND REPORTING REQUIRE2 MENTS.— 

3 ‘‘(1) REPORT.—Each eligible entity receiving a 

4 grant under this section shall collect and report to 

5 the Secretary annually such data regarding the re6 sults of the grant as the Secretary may reasonably 

7 require, including— 

8 ‘‘(A) the number of students served by the 

9 eligible entity enrolling in accelerated learning 

10 courses, pre-accelerated learning courses, dual 

11 or concurrent enrollment programs, and early 

12 college high school courses, disaggregated by 

13 grade level of the student, and the grades re14 ceived by such students in the courses; 

15 ‘‘(B) the number of students taking an ac16 celerated learning examination and the distribu17 tion of scores on those examinations, 

18 disaggregated by the grade level of the student 

19 at the time of examination; 

20 ‘‘(C) the number of teachers who, as of the 

21 date of the report, are receiving training to 

22 teach accelerated learning courses, dual or con23 current enrollment programs, and early college 

24 high school courses, and will teach such courses 

25 in the next school year; 
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1 ‘‘(D) the number of teachers becoming 

2 qualified to teach accelerated learning courses, 

3 dual or concurrent enrollment programs, and 

4 early college high school courses; and 

5 ‘‘(E) the number of qualified teachers who 

6 are teaching accelerated learning courses, dual 

7 or concurrent enrollment programs, and early 

8 college high school courses in high-need schools 

9 served by the eligible entity. 

10 ‘‘(2) REPORTING OF DATA.—Each eligible enti11 ty receiving a grant under this section shall report 

12 the data required under paragraph (1)— 

13 ‘‘(A) disaggregated by subject area; 

14 ‘‘(B) in the case of student data, 

15 disaggregated in the same manner as informa16 tion is disaggregated under section 

17 1111(b)(2)(B)(xi); and 

18 ‘‘(C) in a manner that allows for an as19 sessment of the effectiveness of the grant pro20 gram. 

21 ‘‘(h) EVALUATION.—The Secretary, acting through 

22 the Director of the Institute of Education Sciences, shall, 

23 in consultation with the relevant program office at the De24 partment, evaluate the implementation and impact of the 

25 activities supported under this section, including progress 
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1 as measured by the performance measures established 

2 under subparagraphs (A) through (E) of subsection 

3 (g)(1). 

4 ‘‘(i) MATCHING REQUIREMENT.— 

5 ‘‘(1) IN GENERAL.—Each eligible entity that re6 ceives a grant under this section shall provide to7 ward the cost of the activities assisted under the 

8 grant, from non-Federal sources, an amount equal 

9 to 100 percent of the amount of the grant, except 

10 that an eligible entity that is a high-need local edu11 cational agency, as determined by the Secretary, 

12 shall provide an amount equal to not more than 50 

13 percent of the amount of the grant. 

14 ‘‘(2) MATCHING FUNDS.—The eligible entity 

15 may provide the matching funds described in para16 graph (1) in cash or in kind, fairly evaluated, but 

17 may not provide more than 50 percent of the match18 ing funds in kind. The eligible entity may provide 

19 the matching funds from State, local, or private 

20 sources. 

21 ‘‘(3) WAIVER.—The Secretary may waive all or 

22 part of the matching requirement described in para23 graph (1) for any fiscal year for an eligible entity if 

24 the Secretary determines that applying the matching 

25 requirement to such eligible entity would result in 
642 

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1 serious hardship or an inability to carry out the au2 thorized activities described in subsection (e). 

3 ‘‘SEC. 5506. SUPPLEMENT, NOT SUPPLANT. 

4 ‘‘Grant funds provided under this part shall supple5 ment, and not supplant, other non-Federal funds that are 

6 available to assist low-income students to pay for the cost 

7 of accelerated learning fees or to expand access to acceler8 ated learning and pre-accelerated learning courses. 

9 ‘‘SEC. 5507. DEFINITIONS. 

10 ‘‘In this part: 

11 ‘‘(1) ACCELERATED LEARNING COURSE.—The 

12 term ‘accelerated learning course’ means— 

13 ‘‘(A) a course of postsecondary-level in14 struction provided to middle or high school stu15 dents, terminating in an Advanced Placement 

16 or International Baccalaureate examination; or 

17 ‘‘(B) another highly rigorous, evidence18 based, postsecondary preparatory program ter19 minating in— 

20 ‘‘(i) an examination or sequence of 

21 courses that are widely accepted for credit 

22 at institutions of higher education; or 

23 ‘‘(ii) another examination or sequence 

24 of courses approved by the Secretary. 
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1 ‘‘(2) ACCELERATED LEARNING EXAMINA2 TION.—The term ‘accelerated learning examination’ 

3 means an Advanced Placement examination adminis4 tered by the College Board, an International Bacca5 laureate examination administered by the Inter6 national Baccalaureate, an examination that is wide7 ly accepted for college credit, or another such exam8 ination approved by the Secretary. 

9 ‘‘(3) HIGH-NEED SCHOOL.—The term ‘high10 need school’ means a high school— 

11 ‘‘(A) with a demonstrated need for Ad12 vanced Placement or International Bacca13 laureate courses, dual or concurrent enrollment 

14 programs, or early college high school courses; 

15 and 

16 ‘‘(B) that— 

17 ‘‘(i) has a high concentration of low18 income students; or 

19 ‘‘(ii) is a local educational agency that 

20 is eligible, as determined by the Secretary, 

21 under the small, rural school achievement 

22 program, or the rural and low-income 

23 school program, authorized under subpart 

24 1 or 2 of part B of title VI. 
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1 ‘‘(4) LOW-INCOME STUDENT.—The term ‘low2 income student’ means a student who is eligible for 

3 a free or reduced price lunch under the school lunch 

4 program established under the Richard B. Russell 

5 National School Lunch Act (42 U.S.C. 1751 et 

6 seq.). 

7 ‘‘SEC. 5508. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘There are authorized to be appropriated to carry out 

9 this part such sums as may be necessary for each of fiscal 

10 years 2016 through 2021.’’. 

11 SEC. 5007. READY-TO-LEARN TELEVISION. 

12 Title V (20 U.S.C. 7201 et seq.), as amended by sec13 tion 5001, is further amended by inserting after part E, 

14 as added by section 5006, the following: 

15 ‘‘PART F—READY-TO-LEARN TELEVISION 

16 ‘‘SEC. 5601. READY-TO-LEARN. 

17 ‘‘(a) PROGRAM AUTHORIZED; READY-TO-LEARN.— 

18 ‘‘(1) IN GENERAL.—The Secretary is authorized 

19 to award grants to, or enter into contracts or coop20 erative agreements with, eligible entities described in 

21 paragraph (3) to enable such entities— 

22 ‘‘(A) to develop, produce, and distribute 

23 educational and instructional video program24 ming for preschool and elementary school chil-
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1 dren and their parents in order to facilitate stu2 dent academic achievement; 

3 ‘‘(B) to facilitate the development, directly 

4 or through contracts with producers of chil5 dren’s and family educational television pro6 gramming, of educational programming for pre7 school and elementary school children, and the 

8 accompanying support materials and services 

9 that promote the effective use of such program10 ming; 

11 ‘‘(C) to facilitate the development of pro12 gramming and digital content containing 

13 Ready-to-Learn-based children’s programming 

14 and resources for parents and caregivers that is 

15 specially designed for nationwide distribution 

16 over public television stations’ digital broad17 casting channels and the Internet; 

18 ‘‘(D) to contract with entities (such as 

19 public telecommunications entities) so that pro20 grams developed under this section are dissemi21 nated and distributed to the widest possible au22 dience appropriate to be served by the program23 ming, and through the use of the most appro24 priate distribution technologies; and 
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1 ‘‘(E) to develop and disseminate education 

2 and training materials, including interactive 

3 programs and programs adaptable to distance 

4 learning technologies, that are designed— 

5 ‘‘(i) to promote school readiness; and 

6 ‘‘(ii) to promote the effective use of 

7 materials developed under subparagraphs 

8 (B) and (C) among parents, teachers, 

9 Head Start providers, providers of family 

10 literacy services, child care providers, early 

11 childhood development personnel, elemen12 tary school teachers, public libraries, and 

13 after-school program personnel caring for 

14 preschool and elementary school children. 

15 ‘‘(2) AVAILABILITY.—In awarding or entering 

16 into grants, contracts, or cooperative agreements 

17 under this section, the Secretary shall ensure that 

18 eligible entities make programming widely available, 

19 with support materials as appropriate, to young chil20 dren, parents, child care workers, Head Start pro21 viders, and providers of family literacy services to in22 crease the effective use of such programming. 

23 ‘‘(3) ELIGIBLE ENTITIES.—To be eligible to re24 ceive a grant, contract, or cooperative agreement 

25 under this section, an entity shall be a public tele-
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1 communications entity that is able to demonstrate 

2 each of the following: 

3 ‘‘(A) A capacity for the development and 

4 national distribution of educational and instruc5 tional television programming of high quality 

6 that is accessible by a large majority of dis7 advantaged preschool and elementary school 

8 children. 

9 ‘‘(B) A capacity to contract with the pro10 ducers of children’s television programming for 

11 the purpose of developing educational television 

12 programming of high quality. 

13 ‘‘(C) A capacity, consistent with the enti14 ty’s mission and nonprofit nature, to negotiate 

15 such contracts in a manner that returns to the 

16 entity an appropriate share of any ancillary in17 come from sales of any program-related prod18 ucts. 

19 ‘‘(D) A capacity to localize programming 

20 and materials to meet specific State and local 

21 needs and to provide educational outreach at 

22 the local level. 

23 ‘‘(4) COORDINATION OF ACTIVITIES.—An entity 

24 receiving a grant, contract, or cooperative agreement 
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1 under this section shall consult with the Secretary 

2 and the Secretary of Health and Human Services— 

3 ‘‘(A) to maximize the utilization of quality 

4 educational programming by preschool and ele5 mentary school children, and make such pro6 gramming widely available to federally funded 

7 programs serving such populations; and 

8 ‘‘(B) to coordinate activities with Federal 

9 programs that have major training components 

10 for early childhood development, including pro11 grams under the Head Start Act (42 U.S.C. 

12 9831 et seq.) and State training activities fund13 ed under the Child Care and Development 

14 Block Grant Act of 1990 (42 U.S.C. 9858 et 

15 seq.), regarding the availability and utilization 

16 of materials developed under paragraph (1)(E) 

17 to enhance parent and child care provider skills 

18 in early childhood development and education. 

19 ‘‘(b) APPLICATIONS.—To be eligible to receive a 

20 grant, contract, or cooperative agreement under sub21 section (a), an entity shall submit to the Secretary an ap22 plication at such time, in such manner, and containing 

23 such information as the Secretary may reasonably require. 

24 ‘‘(c) REPORTS AND EVALUATIONS.— 
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1 ‘‘(1) ANNUAL REPORT TO THE SECRETARY.— 

2 An entity receiving a grant, contract, or cooperative 

3 agreement under this section shall prepare and sub4 mit to the Secretary an annual report that contains 

5 such information as the Secretary may require. At 

6 a minimum, the report shall describe the program 

7 activities undertaken with funds received under the 

8 grant, contract, or cooperative agreement, including 

9 each of the following: 

10 ‘‘(A) The programming that has been de11 veloped, directly or indirectly, by the eligible en12 tity, and the target population of the programs 

13 developed. 

14 ‘‘(B) The support and training materials 

15 that have been developed to accompany the pro16 gramming, and the method by which the mate17 rials are distributed to consumers and users of 

18 the programming. 

19 ‘‘(C) The means by which programming 

20 developed under this section has been distrib21 uted, including the distance learning tech22 nologies that have been utilized to make pro23 gramming available, and the geographic dis24 tribution achieved through such technologies. 
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1 ‘‘(D) The initiatives undertaken by the en2 tity to develop public-private partnerships to se3 cure non-Federal support for the development, 

4 distribution, and broadcast of educational and 

5 instructional programming. 

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

7 shall prepare and submit to the Committee on 

8 Health, Education, Labor, and Pensions of the Sen9 ate and the Committee on Education and the Work10 force of the House of Representatives a biannual re11 port that includes the following: 

12 ‘‘(A) A summary of the activities assisted 

13 under subsection (a). 

14 ‘‘(B) A description of the education and 

15 training materials made available under sub16 section (a)(1)(E), the manner in which outreach 

17 has been conducted to inform parents and child 

18 care providers of the availability of such mate19 rials, and the manner in which such materials 

20 have been distributed in accordance with such 

21 subsection. 

22 ‘‘(d) ADMINISTRATIVE COSTS.—An entity that re23 ceives a grant, contract, or cooperative agreement under 

24 this section may use up to 5 percent of the amount re25 ceived under the grant, contract, or agreement for the nor-
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1 mal and customary expenses of administering the grant, 

2 contract, or agreement. 

3 ‘‘(e) FUNDING RULE.—Not less than 60 percent of 

4 the amount appropriated under subsection (f) for each fis5 cal year shall be used to carry out activities under sub6 paragraphs (B) through (D) of subsection (a)(1). 

7 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this part 

9 such sums as may be necessary for each of fiscal years 

10 2016 through 2021.’’. 

11 SEC. 5008. INNOVATIVE TECHNOLOGY EXPANDS CHIL12 DREN’S HORIZONS (I–TECH). 

13 Title V (20 U.S.C. 7201 et seq.), as amended by sec14 tion 5001, is further amended by inserting after part F, 

15 as added by section 5007, the following: 

16 ‘‘PART G—INNOVATIVE TECHNOLOGY EXPANDS 

17 CHILDREN’S HORIZONS (I–TECH) 

18 ‘‘SEC. 5701. PURPOSES. 

19 ‘‘The purposes of this part are— 

20 ‘‘(1) to improve the achievement, academic 

21 growth, and college and career readiness of all stu22 dents; 

23 ‘‘(2) to ensure that all students have access to 

24 personalized, rigorous learning experiences that are 

25 supported through technology; 
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1 ‘‘(3) to ensure that educators have the knowl2 edge and skills to use technology, including com3 puter-based assessments and blended learning strat4 egies, to personalize learning; 

5 ‘‘(4) to ensure that local educational agency 

6 and school leaders have the skills required to imple7 ment, and support school- and district-wide ap8 proaches for using technology to inform instruction, 

9 support teacher collaboration, and personalize learn10 ing; 

11 ‘‘(5) to ensure that students in rural, remote, 

12 and underserved areas have the resources to take 

13 advantage of high-quality digital learning experi14 ences, digital resources, and access to online courses 

15 taught by effective educators; 

16 ‘‘(6) to ensure that students have increased ac17 cess to online dual or concurrent enrollment oppor18 tunities, career and technical courses, and programs 

19 leading to a recognized postsecondary credential (as 

20 defined in section 3 of the Workforce Innovation and 

21 Opportunity Act (29 U.S.C. 3102)), and courses 

22 taught by educators, including advanced coursework; 

23 and 

24 ‘‘(7) to ensure that State educational agencies, 

25 local educational agencies, elementary schools, and 
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1 secondary schools have the technological capacity, 

2 infrastructure, and technical support necessary to 

3 meet purposes described in paragraphs (1) through 

4 (6). 

5 ‘‘SEC. 5702. DEFINITIONS. 

6 ‘‘In this part: 

7 ‘‘(1) DIGITAL LEARNING.—The term ‘digital 

8 learning’ means any instructional practice that effec9 tively uses technology to strengthen a student’s 

10 learning experience and encompasses a wide spec11 trum of tools and practices, including— 

12 ‘‘(A) interactive learning resources that en13 gage students in academic content; 

14 ‘‘(B) access to online databases and other 

15 primary source documents; 

16 ‘‘(C) the use of data, data analytics, and 

17 information to personalize learning and provide 

18 targeted supplementary instruction; 

19 ‘‘(D) student collaboration with content ex20 perts and peers; 

21 ‘‘(E) online and computer-based assess22 ments; 

23 ‘‘(F) digital learning content, software, or 

24 simulations; 

25 ‘‘(G) access to online courses; 
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1 ‘‘(H) mobile devices for learning in school 

2 and at home; 

3 ‘‘(I) learning environments that allow for 

4 rich collaboration and communication; 

5 ‘‘(J) hybrid or blended learning, which oc6 curs under direct instructor supervision at a 

7 school or other location away from home and, 

8 at least in part, through online delivery of in9 struction with some element of student control 

10 over time, place, path, or pace; 

11 ‘‘(K) access to online course opportunities 

12 for students in rural or remote areas; and 

13 ‘‘(L) discovery, modification, and sharing 

14 of openly licensed digital learning materials. 

15 ‘‘(2) ELIGIBLE TECHNOLOGY.—The term ‘eligi16 ble technology’ means modern computer, and com17 munication technology software, services, or tools, 

18 including computer or mobile devices, whether for 

19 use in school or at home, software applications, sys20 tems and platforms, digital learning content, and re21 lated services, supports, and strategies, which may 

22 include strategies to assist eligible children without 

23 adequate Internet access at home to complete home24 work. 
655 

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1 ‘‘(3) TECHNOLOGY READINESS SURVEY.—The 

2 term ‘technology readiness survey’ means a survey 

3 completed by a local educational agency that pro4 vides standardized information on the quantity and 

5 types of technology infrastructure and access avail6 able to the students and in the community served by 

7 the local educational agency, including computer de8 vices, access to school libraries, Internet connectivity 

9 (including Internet access outside of the school day), 

10 operating systems, related network infrastructure, 

11 data systems, educator professional learning needs 

12 and priorities, and data security. 

13 ‘‘(4) UNIVERSAL DESIGN FOR LEARNING.—The 

14 term ‘universal design for learning’ has the meaning 

15 given the term in section 103 of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1003). 

17 ‘‘SEC. 5702A. RESTRICTION. 

18 ‘‘Funds awarded under this part shall not be used 

19 to address the networking needs of an entity that is eligi20 ble to receive support under the E-rate program. 

21 ‘‘SEC. 5703. TECHNOLOGY GRANTS PROGRAM AUTHORIZED. 

22 ‘‘(a) IN GENERAL.—From the amounts appropriated 

23 under section 5708, the Secretary may reserve not more 

24 than 1.5 percent for national activities to support grantees 

25 and shall award the remainder to State educational agen-
656 

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1 cies to strengthen State and local technological infrastruc2 ture and professional learning that supports digital learn3 ing through State activities under section 5705(c) and 

4 local activities under section 5706(c). 

5 ‘‘(b) GRANTS TO STATE EDUCATIONAL AGENCIES.— 

6 ‘‘(1) RESERVATIONS.—From the amounts ap7 propriated under section 5708 for any fiscal year, 

8 the Secretary shall reserve— 

9 ‘‘(A) three-fourths of 1 percent for the 

10 Secretary of the Interior to provide assistance 

11 under this part for schools operated or funded 

12 by the Bureau of Indian Education; and 

13 ‘‘(B) 1 percent to provide assistance under 

14 this part to the outlying areas. 

15 ‘‘(2) GRANT ALLOTMENTS.—From the amounts 

16 appropriated under section 5708 for any fiscal year 

17 and remaining after the Secretary makes reserva18 tions under paragraph (1), the Secretary shall make 

19 a grant for the fiscal year to each State educational 

20 agency with an approved application under section 

21 5704 in an amount that bears the same relationship 

22 to such remainder as the amount the State edu23 cational agency received under part A of title I for 

24 such year bears to the amount all State educational 
657 

†S 1177 ES

1 agencies with an approved application under section 

2 5704 received under such part for such year. 

3 ‘‘(c) MINIMUM.—The amount of a grant to a State 

4 educational agency under subsection (b)(2) for a fiscal 

5 year shall not be less than one-half of 1 percent of the 

6 total amount made available for grants to all State edu7 cational agencies under such subsection for such year. 

8 ‘‘(d) REALLOTMENT OF UNUSED FUNDS.—If any 

9 State educational agency does not apply for a grant under 

10 section 5704 for a fiscal year, or does not use the State 

11 educational agency’s entire grant allotment under sub12 section (b)(2) for such year, the Secretary shall reallot the 

13 amount of the State educational agency’s grant, or the un14 used portion of the grant allotment, to the remaining 

15 State educational agencies that use their entire grant 

16 amounts under subsection (b)(2) for such year. 

17 ‘‘(e) MATCHING FUNDS.— 

18 ‘‘(1) IN GENERAL.—A State educational agency 

19 that receives a grant under subsection (b)(2) shall 

20 provide matching funds, from non-Federal sources, 

21 in an amount equal to 10 percent of the amount of 

22 grant funds provided to the State educational agency 

23 to carry out the activities supported by the grant. 

24 Such matching funds may be provided in cash or in 

25 kind, except that any such in kind contributions 
658 

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1 shall be provided for the purpose of supporting the 

2 State educational agency’s activities under section 

3 5705(c). 

4 ‘‘(2) WAIVER.—The Secretary may waive the 

5 matching requirement under paragraph (1) for a 

6 State educational agency that demonstrates that 

7 such requirement imposes an undue financial hard8 ship on the State educational agency. 

9 ‘‘SEC. 5704. STATE APPLICATIONS. 

10 ‘‘(a) APPLICATION.—To receive a grant under section 

11 5703(b)(2), a State educational agency shall submit to the 

12 Secretary an application at such time and in such manner 

13 as the Secretary may require and containing the informa14 tion described in subsection (b). 

15 ‘‘(b) CONTENTS.—Each application submitted under 

16 subsection (a) shall include the following: 

17 ‘‘(1) A description of how the State educational 

18 agency will meet the following goals: 

19 ‘‘(A) Use technology to ensure that all stu20 dents achieve college and career readiness and 

21 digital literacy, including by providing high22 quality education opportunities to economically 

23 or geographically isolated student populations. 
659 

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1 ‘‘(B) Provide educators, school leaders, 

2 and administrators with the professional learn3 ing tools, devices, content, and resources to— 

4 ‘‘(i) personalize learning to improve 

5 student academic achievement; and 

6 ‘‘(ii) discover, adapt, and share rel7 evant high-quality open educational re8 sources. 

9 ‘‘(C) Enable local educational agencies to 

10 build technological capacity and infrastructure. 

11 ‘‘(2) An assurance that each local educational 

12 awarded a subgrant under this part has conducted 

13 a technology readiness survey and will take steps to 

14 address the identified readiness gaps not later than 

15 3 years after the completion of the survey by the 

16 local educational agency. 

17 ‘‘(3) An assurance that the State educational 

18 agency will ensure that the State educational agen19 cy’s technology systems and school-based technology 

20 systems are interoperable. 

21 ‘‘(4) An assurance that the State educational 

22 agency will consider making content widely available 

23 through open educational resources when making 

24 purchasing decisions with funds received under this 

25 part. 
660 

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1 ‘‘(5) A description of how the State educational 

2 agency will award subgrants to local educational 

3 agencies under section 5706. 

4 ‘‘(6) A description of the process, activities, and 

5 performance measures that the State educational 

6 agency will use to evaluate the impact and effective7 ness of the grant and subgrant funds awarded under 

8 this part across the State and in each local edu9 cational agency. 

10 ‘‘(7) An assurance that the State educational 

11 agency consulted with local educational agencies in 

12 the development of the State educational agency’s 

13 application under this subsection. 

14 ‘‘(8) An assurance that the State educational 

15 agency will provide matching funds as required 

16 under section 5703(e). 

17 ‘‘(9) An assurance that the State educational 

18 agency will protect the privacy and safety of stu19 dents and teachers, consistent with requirements of 

20 section 444 of the General Education Provisions Act 

21 (20 U.S.C. 1232g) (commonly known as the ‘Family 

22 Educational Rights and Privacy Act of 1974’) and 

23 section 445 of the General Education Provisions Act 

24 (20 U.S.C. 1232h). 
661 

†S 1177 ES

1 ‘‘(10) An assurance that funds made available 

2 under this part shall be used to supplement, and not 

3 supplant, any other Federal, State, or local funds 

4 that would otherwise be available to carry out the 

5 activities assisted under this part. 

6 ‘‘SEC. 5705. STATE USE OF GRANT FUNDS. 

7 ‘‘(a) RESERVATION FOR SUBGRANTS TO SUPPORT

8 TECHNOLOGY INFRASTRUCTURE.—Each State edu9 cational agency that receives a grant under section 

10 5703(b)(2) shall expend not less than 90 percent of the 

11 grant amount for each fiscal year to award subgrants to 

12 local educational agencies in accordance with section 

13 5706. 

14 ‘‘(b) RESERVATION FOR STATE ACTIVITIES.— 

15 ‘‘(1) IN GENERAL.—A State educational agency 

16 shall reserve not more than 10 percent of the grant 

17 received under section 5703(b)(2) for the State ac18 tivities described in subsection (c). 

19 ‘‘(2) GRANT ADMINISTRATION.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), of the amount reserved by a State 

22 educational agency under paragraph (1), the 

23 State educational agency may reserve for the 

24 administration of the grant under this part not 

25 more than— 
662 

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1 ‘‘(i) 1 percent in the case of a State 

2 educational agency awarding subgrants 

3 under section 5706(a)(1); or 

4 ‘‘(ii) 3 percent in the case of a State 

5 educational agency awarding subgrants 

6 under section 5706(a)(2). 

7 ‘‘(B) SPECIAL RULE.—Notwithstanding 

8 subparagraph (A), a State educational agency 

9 that forms a State purchasing consortium 

10 under subsection (d)— 

11 ‘‘(i) may reserve an additional 1 per12 cent to carry out the activities described in 

13 subsection (d)(1); and 

14 ‘‘(ii) may reserve amounts in addition 

15 to the percentage described in clause (i) if 

16 the State purchasing consortium receives 

17 direct approval from the local educational 

18 agencies receiving subgrants under section 

19 5706(a) from the State educational agency 

20 prior to reserving more than the additional 

21 percentage authorized under clause (i). 

22 ‘‘(c) STATE ACTIVITIES.—A State educational agency 

23 may use funds described in subsection (b) to carry out 

24 each of the following: 
663 

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1 ‘‘(1) Except for the awarding of subgrants in 

2 accordance with section 5706, activities described in 

3 the State educational agency’s application under sec4 tion 5704(b). 

5 ‘‘(2) Providing technical assistance to local edu6 cational agencies to— 

7 ‘‘(A) identify and address technology readi8 ness needs, as determined by the technology 

9 readiness surveys; 

10 ‘‘(B) use technology, consistent with the 

11 principles of universal design for learning, to 

12 support the learning needs of all students, in13 cluding children with disabilities and English 

14 learners; 

15 ‘‘(C) build capacity for principals and local 

16 educational agency administrators to support 

17 teachers in using data and technology to im18 prove teaching and personalize learning; 

19 ‘‘(D) ensure that contractual requirements 

20 for third parties that have access to student 

21 data, its storage, or provide analytics on stu22 dent data provide privacy protections consistent 

23 with the requirements of section 444 of the 

24 General Education Provisions Act (20 U.S.C. 
664 

†S 1177 ES

1 1232g) (commonly known as the ‘Family Edu2 cational Rights and Privacy Act of 1974’); and 

3 ‘‘(E) provide tools and processes to sup4 port the creation, modification, and distribution 

5 of open educational resources. 

6 ‘‘(3) Developing or utilizing evidence-based or 

7 innovative strategies for the delivery of specialized or 

8 rigorous academic courses and curricula through the 

9 use of technology, including digital learning tech10 nologies and assistive technology. 

11 ‘‘(4) Integrating and coordinating activities 

12 under this part with other educational resources and 

13 programs across the State. 

14 ‘‘(5) Disseminating information, including mak15 ing publicly available on the website of the State 

16 educational agency, promising practices to improve 

17 technology instruction, best practices for data secu18 rity, and acquiring and implementing technology 

19 tools and applications. 

20 ‘‘(6) Ensuring that teachers, paraprofessionals, 

21 school librarians and media personnel, specialized in22 structional support personnel, and administrators 

23 possess the knowledge and skills to use technology to 

24 meet the goals described in section 5704(b)(1). 
665 

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1 ‘‘(7) Coordinating with teacher, principal, and 

2 other school leader preparation programs to ensure 

3 that preservice teachers, principals, and other school 

4 leaders have the skills to implement digital learning 

5 programs effectively. 

6 ‘‘(8) Supporting schools in rural and remote 

7 areas to expand access to high-quality digital learn8 ing opportunities. 

9 ‘‘(d) PURCHASING CONSORTIA.— 

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

11 receiving a grant under section 5703(b)(2) may— 

12 ‘‘(A) form a State purchasing consortium 

13 with 1 or more State educational agencies re14 ceiving such a grant to carry out the State ac15 tivities described in subsection (c), including 

16 purchasing eligible technology; 

17 ‘‘(B) encourage local educational agencies 

18 to form a local purchasing consortium under 

19 section 5706(c)(4); and 

20 ‘‘(C) promote pricing opportunities to local 

21 educational agencies for the purchase of eligible 

22 technology that are— 

23 ‘‘(i) negotiated by the State edu24 cational agency or the State purchasing 
666 

†S 1177 ES

1 consortium of the State educational agen2 cy; and 

3 ‘‘(ii) available to such local edu4 cational agencies. 

5 ‘‘(2) RESTRICTIONS.—A State educational 

6 agency receiving a grant under section 5703(b)(2) 

7 shall not— 

8 ‘‘(A) except for promoting the pricing op9 portunities described in paragraph (1)(C), make 

10 recommendations to local educational agencies 

11 for, or require, use of any specific commercial 

12 products and services by local educational agen13 cies; 

14 ‘‘(B) require local educational agencies to 

15 participate in a State purchasing consortia or 

16 local purchasing consortia; or 

17 ‘‘(C) use more than the amount reserved 

18 under subsection (b) to carry out the activities 

19 described in paragraph (1), unless the State 

20 educational agency receives approval in accord21 ance with subsection (b)(2)(B). 

22 ‘‘SEC. 5706. LOCAL SUBGRANTS. 

23 ‘‘(a) SUBGRANTS.— 

24 ‘‘(1) GRANTS TO LOCAL EDUCATIONAL AGEN25 CIES.—From the grant funds provided under section 
667 

†S 1177 ES

1 5703(b)(2) to a State educational agency that are 

2 remaining after the State educational agency makes 

3 reservations under section 5705(b) for any fiscal 

4 year and subject to paragraph (2), the State edu5 cational agency shall award subgrants for the fiscal 

6 year to local educational agencies served by the 

7 State educational agency and with an approved ap8 plication under subsection (b) by allotting to each 

9 such local educational agency an amount that bears 

10 the same relationship to the remainder as the 

11 amount received by the local educational agency 

12 under part A of title I for such year bears to the 

13 amount received by all such local educational agen14 cies under such part for such year, except that no 

15 local educational agency may receive less than 

16 $20,000 for a year. 

17 ‘‘(2) COMPETITIVE GRANTS TO LOCAL EDU18 CATIONAL AGENCIES.—If the amount of funds ap19 propriated under section 5708 is less than 

20 $300,000,000 for any fiscal year, a State edu21 cational agency— 

22 ‘‘(A) shall not award subgrants under 

23 paragraph (1); and 

24 ‘‘(B) shall— 
668 

†S 1177 ES

1 ‘‘(i) award subgrants, on a competi2 tive basis, to local educational agencies 

3 based on the quality of applications sub4 mitted under subsection (b), including— 

5 ‘‘(I) the level of technology readi6 ness, as determined by the technology 

7 readiness surveys completed by local 

8 educational agencies submitting such 

9 applications; and 

10 ‘‘(II) the technology plans de11 scribed in subsection (b)(3) and how 

12 the local educational agencies with 

13 such plans will carry out the align14 ment and coordination described in 

15 such subsection; 

16 ‘‘(ii) give priority to local educational 

17 agencies that have demonstrated substan18 tial need for assistance in acquiring and 

19 using technology, based on the agency’s 

20 technology readiness survey; and 

21 ‘‘(iii) give priority to schools that 

22 serve students in rural and remote areas, 

23 schools identified under section 1114 as in 

24 need of intervention and support and the 

25 persistently lowest-achieving schools, or 
669 

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1 schools with a high percentage of students 

2 aged 5 through 17 who are in poverty, as 

3 counted in the most recent census data ap4 proved by the Secretary, who are eligible 

5 for a free or reduced priced lunch under 

6 the Richard B. Russell National School 

7 Lunch Act, in families receiving assistance 

8 under the State program funded under 

9 part A of title IV of the Social Security 

10 Act, or eligible to receive medical assist11 ance under the Medicaid program. 

12 ‘‘(3) DEFINITION OF LOCAL EDUCATIONAL

13 AGENCY FOR CERTAIN FISCAL YEARS.—For pur14 poses of awarding subgrants under paragraph (2), 

15 the term ‘local educational agency’ means— 

16 ‘‘(A) a local educational agency; 

17 ‘‘(B) an educational service agency; or 

18 ‘‘(C) a local educational agency and an 

19 educational service agency. 

20 ‘‘(b) APPLICATION.—A local educational agency that 

21 desires to receive a subgrant under subsection (a) shall 

22 submit an application to the State at such time, in such 

23 manner, and accompanied by such information as the 

24 State educational agency may require, such as— 
670 

†S 1177 ES

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

2 agency will carry out the goals described in subpara3 graphs (A) through (C) of section 5704(b)(1); 

4 ‘‘(2) a description of the results of the tech5 nology readiness survey completed by the local edu6 cational agency and a description of the plan for the 

7 local educational agency to meet the goals described 

8 in paragraph (1) within 3 years of completing the 

9 survey; 

10 ‘‘(3) a description of the local educational agen11 cy’s technology plan to carry out paragraphs (1) and 

12 (2) and how the agency will align and coordinate the 

13 activities under this section with other activities 

14 across the local educational agency; 

15 ‘‘(4) a description of the team of educators who 

16 will coordinate and carry out the activities under 

17 this section, including individuals with responsibility 

18 and expertise in instructional technology, teachers 

19 who specialize in supporting students who are chil20 dren with disabilities and English learners, other 

21 school leaders, school librarians and media per22 sonnel, technology officers, and staff responsible for 

23 assessments and data; 

24 ‘‘(5) a description of how the local educational 

25 agency will build capacity for principals, other school 
671 

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1 leaders, and local educational agency administrators 

2 to support teachers in developing data literacy skills 

3 and in implementing digital tools to support teach4 ing and learning; 

5 ‘‘(6) a description of how the local educational 

6 agency will procure content and ensure content qual7 ity; and 

8 ‘‘(7) an assurance that the local educational 

9 agency will protect the privacy and safety of stu10 dents and teachers, consistent with requirements 

11 section 444 of the General Education Provisions Act 

12 (20 U.S.C. 1232g) (commonly known as the ‘Family 

13 Educational Rights and Privacy Act of 1974’). 

14 ‘‘(c) USE OF FUNDS.— 

15 ‘‘(1) PROFESSIONAL DEVELOPMENT IN DIGITAL

16 LEARNING.—Subject to paragraph (3), a local edu17 cational agency receiving a subgrant under sub18 section (a) shall use not less than 50 percent of such 

19 funds to carry out professional development in dig20 ital learning for teachers, principals, other school 

21 leaders, paraprofessionals, school librarians and 

22 media personnel, specialized instructional support 

23 personnel, technology coordinators, and administra24 tors in the use of technology to support student 

25 learning. 
672 

†S 1177 ES

1 ‘‘(2) TECHNOLOGY INFRASTRUCTURE.—Subject 

2 to paragraph (3), a local educational agency receiv3 ing a subgrant under subsection (a) shall use not 

4 less than 25 percent of such funds to support activi5 ties for the acquisition of eligible technology needed 

6 to— 

7 ‘‘(A) except for the activities described in 

8 paragraph (1), carry out activities described in 

9 the application submitted under subsection (b), 

10 including purchasing devices, equipment, and 

11 software applications; and 

12 ‘‘(B) address readiness shortfalls identified 

13 under the technology readiness survey com14 pleted by the local educational agency. 

15 ‘‘(3) MODIFICATION OF FUNDING ALLOCA16 TIONS.—A State educational agency may authorize a 

17 local educational agency to modify the percentage of 

18 the local educational agency’s subgrant funds re19 quired to carry out the activities described in para20 graph (1) or (2) if the local educational agency dem21 onstrates that such modification will assist the local 

22 educational agency in more effectively carrying out 

23 such activities. 
673 

†S 1177 ES

1 ‘‘(4) PURCHASING CONSORTIUM.—Local edu2 cational agencies receiving subgrants under sub3 section (a) may— 

4 ‘‘(A) form a local purchasing consortium 

5 with other such local educational agencies to 

6 carry out the activities described in this sub7 section, including purchasing eligible tech8 nology; and 

9 ‘‘(B) use such funds for purchasing eligible 

10 technology through a State purchasing consor11 tium under section 5705(d). 

12 ‘‘(5) BLENDED LEARNING PROJECTS.— 

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

14 agency receiving a subgrant under subsection 

15 (a) may use such funds to carry out a blended 

16 learning project, which shall include at least 1 

17 of the following activities: 

18 ‘‘(i) Planning activities, which may in19 clude development of new instructional 

20 models (including blended learning tech21 nology software and platforms), the pur22 chase of digital instructional resources, ini23 tial professional development activities, and 

24 one-time information technology purchases, 

25 except that such expenditures may not in-
674 

†S 1177 ES

1 clude expenditures related to significant 

2 construction or renovation of facilities. 

3 ‘‘(ii) Ongoing professional develop4 ment for teachers, principals, other school 

5 leaders, or other personnel involved in the 

6 project that is designed to support the im7 plementation and academic success of the 

8 project. 

9 ‘‘(B) NON-FEDERAL MATCH.—A local edu10 cational agency that carries out a blended 

11 learning project under this paragraph shall pro12 vide non-Federal matching funds equal to not 

13 less than 10 percent of the amount of funds 

14 used to carry out such project. 

15 ‘‘(C) DEFINITION OF BLENDED LEARN16 ING.—In this paragraph, the term ‘blended 

17 learning’ means a formal education program 

18 that leverages both technology-based and face19 to-face instructional approaches that— 

20 ‘‘(i) include an element of online or 

21 digital learning, combined with supervised 

22 learning time, and student-led learning, in 

23 which the elements are connected to pro24 vide an integrated learning experience; and 
675 

†S 1177 ES

1 ‘‘(ii) where students are provided 

2 some control over time, path, or pace. 

3 ‘‘SEC. 5707. REPORTING. 

4 ‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local 

5 educational agency receiving a subgrant under section 

6 5706 shall submit to the State educational agency that 

7 awarded such subgrant an annual report the meets the 

8 requirements of subsection (c). 

9 ‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 

10 educational agency receiving a grant under section 

11 5703(b)(2) shall submit to the Secretary an annual report 

12 that meets the requirements of subsection (c). 

13 ‘‘(c) REPORT REQUIREMENTS.—A report submitted 

14 under subsection (a) or (b) shall include, at a minimum, 

15 a description of— 

16 ‘‘(1) the status of the State educational agen17 cy’s plan described in section 5704(b) or the local 

18 education agency’s technology plan under section 

19 5706(b)(3), as applicable; 

20 ‘‘(2) the categories of eligible technology ac21 quired with funds under this part and how such 

22 technology is being used; 

23 ‘‘(3) the professional learning activities funded 

24 under this part, including types of activities and en25 tities involved in providing such professional learning 
676 

†S 1177 ES

1 to classroom teachers and other staff, such as school 

2 librarians; and 

3 ‘‘(4) the types of programs funded under this 

4 part. 

5 ‘‘SEC. 5708. AUTHORIZATION. 

6 ‘‘There are authorized to be appropriated such sums 

7 as may be necessary to carry out this part.’’. 

8 SEC. 5009. LITERACY AND ARTS EDUCATION. 

9 Title V (20 U.S.C. 7201 et seq.), as amended by sec10 tion 5001, is further amended by inserting after part G, 

11 as added by section 5008, the following: 

12 ‘‘PART H—LITERACY AND ARTS EDUCATION 

13 ‘‘SEC. 5801. LITERACY AND ARTS EDUCATION. 

14 ‘‘(a) IN GENERAL.—From funds made available 

15 under subsection (c), the Secretary may award grants, 

16 contracts, or cooperative agreements, on a competitive 

17 basis, to eligible entities for the purposes of promoting— 

18 ‘‘(1) arts education for disadvantaged students 

19 and students who are children with disabilities, 

20 through activities such as— 

21 ‘‘(A) professional development for arts 

22 educators, teachers, and principals; 

23 ‘‘(B) development and dissemination of in24 structional materials and arts-based educational 
677 

†S 1177 ES

1 programming, including online resources, in 

2 multiple arts disciplines; and 

3 ‘‘(C) community and national outreach ac4 tivities that strengthen and expand partnerships 

5 among schools, local educational agencies, com6 munities, or national centers for the arts; and 

7 ‘‘(2) literacy programs that support the devel8 opment of literacy skills in low-income communities, 

9 including— 

10 ‘‘(A) developing and enhancing effective 

11 school library programs, which may include pro12 viding professional development for school li13 brarians, books, and up-to-date materials to 

14 low-income schools; 

15 ‘‘(B) early literacy services, including pedi16 atric literacy programs through which, during 

17 well-child visits, medical providers trained in re18 search-based methods of early language and lit19 eracy promotion provide developmentally appro20 priate books and recommendations to parents to 

21 encourage them to read aloud to their children 

22 starting in infancy; and 

23 ‘‘(C) programs that provide high-quality 

24 books on a regular basis to children and adoles25 cents from disadvantaged communities to in-
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†S 1177 ES

1 crease reading motivation, performance, and 

2 frequency. 

3 ‘‘(b) DEFINITIONS.—In this section: 

4 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en5 tity’ means— 

6 ‘‘(A) a local educational agency in which 

7 20 percent or more of the students served by 

8 the local educational agency are from families 

9 with an income below the poverty line; 

10 ‘‘(B) a consortium of such local edu11 cational agencies; or 

12 ‘‘(C) an eligible national nonprofit organi13 zation. 

14 ‘‘(2) ELIGIBLE NATIONAL NONPROFIT ORGANI15 ZATION.—The term ‘eligible national nonprofit orga16 nization’ means an organization of national scope 

17 that— 

18 ‘‘(A) is supported by staff, which may in19 clude volunteers, or affiliates at the State and 

20 local levels; and 

21 ‘‘(B) demonstrates effectiveness or high22 quality plans for addressing childhood literacy 

23 activities for the population targeted by the 

24 grant. 
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 such sums as may be necessary for each of fiscal years 

4 2016 through 2021.’’. 

5 SEC. 5010. EARLY LEARNING ALIGNMENT AND IMPROVE6 MENT GRANTS. 

7 Title V (20 U.S.C. 7201 et seq.), as amended by sec8 tion 5001, is further amended by inserting after part H, 

9 as added by section 5009, the following: 

10 ‘‘PART I—EARLY LEARNING ALIGNMENT AND 

11 IMPROVEMENT GRANTS 

12 ‘‘SEC. 5901. PURPOSES; DEFINITIONS. 

13 ‘‘(a) PURPOSES.—The purposes of this part are to 

14 assist States with— 

15 ‘‘(1) more efficiently using existing Federal re16 sources to improve, strengthen, and expand existing 

17 high-quality early childhood education, as deter18 mined by the State; 

19 ‘‘(2) coordinating existing funding streams and 

20 delivery models to promote— 

21 ‘‘(A) program quality, while maintaining 

22 services; 

23 ‘‘(B) parental choice among high-quality 

24 early childhood education program providers; 

25 and 
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1 ‘‘(C) early care and learning access for 

2 children from birth to kindergarten entry; and 

3 ‘‘(3) improving access for children from low-in4 come families to high-quality early childhood edu5 cation programs in order to enhance school readi6 ness. 

7 ‘‘(b) DEFINITIONS.—In this part: 

8 ‘‘(1) CENTER OF EXCELLENCE.—The term 

9 ‘Center of Excellence’ means a local public or private 

10 nonprofit agency, including a community-based or 

11 faith-based organization, or a for-profit agency, 

12 within a community, that provides early learning 

13 and care services in the State, including the use of 

14 best practices for— 

15 ‘‘(A) achieving school readiness, including 

16 the development of early literacy and mathe17 matics skills; 

18 ‘‘(B) acquisition of English language skills; 

19 and 

20 ‘‘(C) providing high-quality comprehensive 

21 services for eligible children and their families. 

22 ‘‘(2) ELIGIBLE CHILD.—The term ‘eligible 

23 child’ means an individual— 

24 ‘‘(A) who is less than 6 years of age; and 
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1 ‘‘(B) whose family income does not ex2 ceed— 

3 ‘‘(i) 200 percent of the poverty line; 

4 ‘‘(ii) 85 percent of the State median 

5 income for a family of the same size, and 

6 whose family assets do not exceed 

7 $1,000,000 (as certified by a member of 

8 such family); or 

9 ‘‘(iii) a State-determined threshold for 

10 eligibility that does not exceed the thresh11 olds in clauses (i) and (ii). 

12 ‘‘(3) ELIGIBLE PARTNERSHIP.—The term ‘eligi13 ble partnership’ means a partnership that, at a min14 imum, includes, as applicable and appropriate, the 

15 State Advisory Council on Early Childhood Edu16 cation and Care established under section 642B(b) 

17 of the Head Start Act, and all of the following part18 ners, which may be represented on the Council: 

19 ‘‘(A) One or more public and private (in20 cluding nonprofit or for-profit) providers of 

21 early childhood education that serve eligible 

22 children residing in the State and meet applica23 ble standards of licensing and quality as deter24 mined by the State. 
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1 ‘‘(B) One or more Head Start agencies, 

2 which may include Early Head Start, migrant 

3 and seasonal Head Start, and Indian Head 

4 Start agencies that serve eligible children resid5 ing in the State. 

6 ‘‘(C) The State educational agency. 

7 ‘‘(D) Other relevant State agencies with 

8 oversight of preschool, early education, and 

9 child care in the State. 

10 ‘‘(E) One or more local educational agen11 cies in the State. 

12 ‘‘(F) One or more institutions of higher 

13 education in the State. 

14 ‘‘(G) One or more representatives of busi15 ness in the State. 

16 ‘‘(4) INSTITUTION OF HIGHER EDUCATION.— 

17 The term ‘institution of higher education’ has the 

18 meanings given the term in section 101 and sub19 paragraphs (A) and (B) of section 102(a)(1) of the 

20 Higher Education Act of 1965. 

21 ‘‘SEC. 5902. EARLY LEARNING ALIGNMENT AND IMPROVE22 MENT GRANTS. 

23 ‘‘(a) GRANTS AUTHORIZED.— 

24 ‘‘(1) IN GENERAL.—From amounts made avail25 able under section 5903, the Secretary, in consulta-
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1 tion with the Secretary of Health and Human Serv2 ices, shall award grants, on a competitive basis, to 

3 States to enable the States to carry out the activities 

4 described in subsection (d). 

5 ‘‘(2) RESERVATION FOR STATES SERVING

6 RURAL AREAS.—From the amounts appropriated 

7 under section 5903 for a fiscal year, the Secretary 

8 shall reserve not less than 30 percent for grants to 

9 States that propose to carry out the activities de10 scribed in subsection (d) for eligible children living 

11 in rural areas. The Secretary shall reduce the 

12 amount described in the preceding sentence if the 

13 Secretary does not receive a sufficient number of ap14 plications that are deserving of a grant under this 

15 part for such purpose. 

16 ‘‘(3) RESERVATION FOR EVALUATION.—From 

17 the amounts appropriated under section 5903 for a 

18 fiscal year, the Secretary shall reserve one-half of 1 

19 percent to conduct, in consultation with the Sec20 retary of Health and Human Services, an evaluation 

21 to determine whether grants under this part are— 

22 ‘‘(A) improving efficiency in the use of 

23 Federal funds for early childhood education 

24 programs; 
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1 ‘‘(B) improving coordination across Fed2 eral early childhood education programs; and 

3 ‘‘(C) increasing the availability of, and ac4 cess to, high-quality early childhood education 

5 programs for eligible children. 

6 ‘‘(3) PRIORITY.—In awarding grants under this 

7 section, the Secretary shall give priority to a State 

8 that will use funds under this grant to focus on eli9 gible children— 

10 ‘‘(A) who are 3 and 4 years of age; and 

11 ‘‘(B) whose family income does not exceed 

12 130 percent of the poverty line. 

13 ‘‘(4) DURATION OF GRANTS.—A grant awarded 

14 under this section shall be for a period of not more 

15 than 3 years and may not be renewed by the Sec16 retary. 

17 ‘‘(5) LIMITATION.— 

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

19 subparagraph (B), a State may receive a grant 

20 under this section once. 

21 ‘‘(B) EXCEPTION.—Notwithstanding sub22 paragraph (A), a State may receive more than 

23 1 grant under this section only— 
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1 ‘‘(i) if the State is proposing, for such 

2 additional grants, to carry out activities for 

3 eligible children living in rural areas; or 

4 ‘‘(ii) after all States, which meet the 

5 requirements and have submitted an appli6 cation under this section, have received a 

7 grant, to the extent that funds for a grant 

8 are still available. 

9 ‘‘(6) EQUITABLE DISTRIBUTION.—To the ex10 tent practicable, the Secretary shall ensure an equi11 table geographic distribution of grants under this 

12 section. 

13 ‘‘(b) STATE REQUIREMENTS.— 

14 ‘‘(1) LEAD AGENCY.— 

15 ‘‘(A) DESIGNATION.—A State desiring a 

16 grant under this section shall designate an 

17 agency (which may be an appropriate collabo18 rative agency) or establish a joint interagency 

19 office, that complies with the requirements of 

20 subparagraph (B), to serve as a lead agency for 

21 the State under this section. 

22 ‘‘(B) DUTIES.—The lead agency des23 ignated under subparagraph (A) shall— 

24 ‘‘(i) administer, directly or through 

25 other governmental or nongovernmental 
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1 agencies, the Federal assistance received 

2 under this section by the State; 

3 ‘‘(ii) develop the application submitted 

4 to the Secretary under subsection (c); and 

5 ‘‘(iii) coordinate the provision of ac6 tivities under this section with existing 

7 Federal, State, and local early childhood 

8 education programs. 

9 ‘‘(2) PARTNERS.—In order to be eligible for a 

10 grant under this section, a State shall partner with 

11 an eligible partnership. 

12 ‘‘(3) MATCHING REQUIREMENT.—Each State 

13 that receives a grant under this part shall provide 

14 from Federal or non-Federal sources (which may be 

15 provided in cash or in kind) to carry out the activi16 ties supported by the grant, an amount equal to— 

17 ‘‘(A) 30 percent of the amount of the 

18 grant in the first year of such grant; and 

19 ‘‘(B) not less than 30 percent of the 

20 amount of the grant in each of the second and 

21 third years of such grant, respectively. 

22 ‘‘(c) APPLICATIONS.—A State desiring a grant under 

23 this section shall submit an application at such time, in 

24 such manner, and containing such information as the Sec-
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1 retary may reasonably require. The application shall in2 clude— 

3 ‘‘(1) an identification of the lead agency that 

4 the Governor of the State has appointed to be re5 sponsible for the grant under this section; 

6 ‘‘(2) a description of the eligible partnership re7 quired under subsection (b)(2), which will assist the 

8 State in developing the plan and implementing the 

9 activities under this part; 

10 ‘‘(3) to the extent practicable, the unduplicated 

11 counts of the number of eligible children served 

12 using existing Federal, State, and local resources 

13 and programs that the State will coordinate to meet 

14 the purposes of this part, including— 

15 ‘‘(A) programs carried out under the Head 

16 Start Act, including the Early Head Start pro17 grams carried out under such Act; 

18 ‘‘(B) programs carried out under section 

19 619 and parts B and C of the Individuals with 

20 Disabilities Education Act; 

21 ‘‘(C) child care programs carried out under 

22 the Child Care and Development Block Grant 

23 Act of 1990 (42 U.S.C. 9858 et seq.) or section 

24 418 of the Social Security Act (42 U.S.C. 618); 
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1 ‘‘(D) other Federal, State, local, and In2 dian tribe or tribal organization programs of 

3 early learning, childhood education, child care, 

4 and development in the State; and 

5 ‘‘(E) as applicable— 

6 ‘‘(i) programs carried out under other 

7 provisions of this Act; 

8 ‘‘(ii) programs carried out under sub9 title A of title XX of the Social Security 

10 Act (42 U.S.C. 1397 et seq.); 

11 ‘‘(iii) programs carried out under the 

12 Community Services Block Grant Act (42 

13 U.S.C. 9901 et seq.); 

14 ‘‘(iv) programs serving homeless chil15 dren and services of local educational agen16 cy liaisons for homeless children and 

17 youths designated under section 

18 722(g)(1)(J)(ii) of the McKinney-Vento 

19 Homeless Assistance Act (42 U.S.C. 

20 11432(g)(1)(J)(ii)); 

21 ‘‘(v) State agencies and programs 

22 serving children in foster care and the fos23 ter families of such children; and 

24 ‘‘(vi) child care programs funded 

25 through State veterans affairs offices; 
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1 ‘‘(4) a description of how the State proposes to 

2 coordinate such resources and programs identified 

3 under paragraph (3) in order to meet the purposes 

4 of this part; 

5 ‘‘(5) a description of how the State will identify 

6 early childhood education program providers that 

7 demonstrate a high level of quality; 

8 ‘‘(6) a description of how the State will define 

9 eligible children, in accordance with section 

10 5901(b)(2); 

11 ‘‘(7) a description of how the State will expand 

12 access to existing high-quality early learning and 

13 care for eligible children in the State or, if no high14 quality early learning and care is accessible for eligi15 ble children, expand access to high-quality early 

16 learning and care for such children; 

17 ‘‘(8) in the case of a State that has elected to 

18 use funds under this section to designate Centers of 

19 Excellence— 

20 ‘‘(A) an assurance that the State will des21 ignate an entity, such as an agency, an institu22 tion of higher education, a consortium of local 

23 educational agencies or Head Start centers, or 

24 another entity, to designate early childhood 

25 education programs as Centers of Excellence; 
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1 ‘‘(B) an assurance that the designee will 

2 meet the definition of a Center of Excellence; 

3 ‘‘(C) a description of the process by which 

4 an entity that carries out an early childhood 

5 education program would be designated as a 

6 Center of Excellence, including evidence that 

7 the early childhood education program involved 

8 has demonstrated excellence in program deliv9 ery in a manner designed to improve the school 

10 readiness of children who have participated in 

11 the program; and 

12 ‘‘(D) a description of how the State will 

13 assist Centers of Excellence in the dissemina14 tion of best practices; 

15 ‘‘(9) a description of the measurable outcomes 

16 and anticipated levels of performance for such out17 comes, as determined by the State, in the areas of 

18 program coordination, program quality improvement, 

19 and increased access to high-quality programs, that 

20 the State will use to evaluate the coordinated state21 wide or locally implemented system of voluntary 

22 early care and learning supported by the grant; 

23 ‘‘(10) an assurance that the State will provide 

24 technical assistance to partners on methods by which 

25 Federal and State early learning and care funding 
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1 can be coordinated and lead to cost-saving and effi2 ciencies strategies, such as through entities admin3 istering shared services, and other methods that will 

4 enhance the quality of the early childhood education 

5 programs in the State; 

6 ‘‘(11) a description of how the State will sus7 tain early learning and care activities coordinated 

8 under this section, including for rural areas in the 

9 State, if applicable, once grant funding is no longer 

10 available under this section; 

11 ‘‘(12) a description of the process that the 

12 State proposes to use to collect and disseminate, to 

13 parents and the general public, consumer informa14 tion that will promote informed early learning and 

15 care choices in the State; 

16 ‘‘(13) a description of how the State will serve 

17 eligible children residing in rural areas, if applicable; 

18 ‘‘(14) a description of how the State will sup19 port, through the use of professional development, 

20 early childhood education programs that maintain 

21 disciplinary policies that do not include expulsion or 

22 suspension of participating children, except as a last 

23 resort in extraordinary circumstances where— 

24 ‘‘(A) there is a determination of a serious 

25 safety threat; and 
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1 ‘‘(B) policies are in place to provide appro2 priate alternative early educational services to 

3 expelled or suspended children while they are 

4 out of school; and 

5 ‘‘(15) an assurance that funds made available 

6 under this part shall be used to supplement, and not 

7 supplant, any other Federal, State, or local funds 

8 that would otherwise be available to carry out the 

9 activities assisted under this part. 

10 ‘‘(d) USE OF FUNDS.— 

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

12 grant under this part shall use the grant funds to 

13 develop, implement, or improve a coordinated state14 wide or locally implemented system of voluntary 

15 early care and learning, which includes a plan— 

16 ‘‘(A) for coordinating funding available 

17 through existing Federal, State, and local 

18 sources; and 

19 ‘‘(B) that is designed in collaboration with 

20 an eligible partnership. 

21 ‘‘(2) AUTHORIZED ACTIVITIES.—Grant funds 

22 under this section may be used for the following: 

23 ‘‘(A) Aligning existing Federal, State, and 

24 local funding and resources with a statewide or 

25 locally designed system for delivering high-qual-
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1 ity early learning and care for eligible children 

2 in the State, including developing evidence3 based practices to improve staff quality, in4 structional programming, and time in program 

5 which may include the use of shared services 

6 models. 

7 ‘‘(B) Analyzing needs for expanded access 

8 to existing high-quality early childhood edu9 cation programs in the State, including child 

10 care, preschool, and Early Head Start, Head 

11 Start, and special education for all children, 

12 particularly low-income children. 

13 ‘‘(C) Developing or expanding eligible part14 nerships to— 

15 ‘‘(i) expand access for eligible children 

16 to existing high-quality providers or pro17 grams or, if no high-quality early learning 

18 and care is accessible for eligible children, 

19 expand access to high-quality early learn20 ing and care for eligible children; 

21 ‘‘(ii) share best practices; and 

22 ‘‘(iii) ensure that parents have max23 imum choices in selecting the providers 

24 that meet their individual needs, consistent 

25 with State and local laws. 
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1 ‘‘(D) Developing or expanding Centers of 

2 Excellence for the purposes of— 

3 ‘‘(i) disseminating best practices for 

4 achieving early academic success in the 

5 State, including best practices for— 

6 ‘‘(I) achieving school readiness, 

7 including developing early literacy and 

8 mathematics skills; 

9 ‘‘(II) the acquisition of the 

10 English language for English learners; 

11 or 

12 ‘‘(III) providing high-quality 

13 comprehensive services to low-income 

14 and at-risk children and their fami15 lies; 

16 ‘‘(ii) coordinating early education, 

17 child care, and other social services avail18 able in the State and local communities for 

19 low-income and at-risk children and fami20 lies; or 

21 ‘‘(iii) providing effective transitions 

22 between preschool programs and elemen23 tary schools, including by facilitating ongo24 ing communication between early education 

25 and elementary school teachers and by im-
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1 proving the ability of teachers to work ef2 fectively with low-income and at-risk chil3 dren and their families. 

4 ‘‘(E) Expanding existing high-quality early 

5 education and care for infants and toddlers or, 

6 if no high-quality early education and care is 

7 accessible for infants and toddlers, expand ac8 cess to high-quality education and care. 

9 ‘‘(F) Developing, implementing, or coordi10 nating programs or strategies determined by 

11 the State to increase the involvement of the 

12 parents and family of an eligible child in the 

13 education of the child, such as programs or 

14 strategies that— 

15 ‘‘(i) encourage effective ongoing com16 munication between such children and the 

17 parents and families of such children, early 

18 childhood education providers, early learn19 ing administrators, and other early child20 hood education personnel; and 

21 ‘‘(ii) promote active participation of 

22 parents, families, and communities as part23 ners in the education of such children. 

24 ‘‘(G) Carrying out other strategies deter25 mined by the State to improve access to, and 
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1 expand the overall quality of, a coordinated 

2 State or locally designed system of voluntary 

3 early learning and care services in the State, 

4 such as pay for success initiatives that promote 

5 coordination among existing programs and meet 

6 the purposes of this part. 

7 ‘‘(3) PRIORITY.—The activities implemented by 

8 a State under this subsection shall prioritize paren9 tal choice of providers and evidence-based practices 

10 for improving early learning program quality and ac11 cess, to the extent permitted under State and local 

12 law. 

13 ‘‘(e) REPORTING.—A State that receives a grant 

14 under this part shall submit to the Secretary, at such time 

15 and in such manner as the Secretary may reasonably re16 quire, an annual report that includes— 

17 ‘‘(1) the number and percentage of children 

18 who are served in high-quality early childhood edu19 cation programs, as identified by the State, during 

20 each year of the grant duration using funds from— 

21 ‘‘(A) only this part, as applicable; 

22 ‘‘(B) the Child Care and Development 

23 Block Grant Act of 1990 (42 U.S.C. 9858 et 

24 seq.) or section 418 of the Social Security Act 

25 (42 U.S.C. 618); 
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1 ‘‘(C) the Head Start Act; and 

2 ‘‘(D) other public and private providers, as 

3 applicable; 

4 ‘‘(2) the quality improvements undertaken at 

5 the State level; 

6 ‘‘(3) the extent to which funds are being blend7 ed with other public and private funding; 

8 ‘‘(4) the progress made regarding the measur9 able outcomes and the anticipated levels of perform10 ance selected by the State under subsection (c)(9); 

11 and 

12 ‘‘(5) any other ways in which funds are used to 

13 meet the purposes of this part. 

14 ‘‘(f) REPORT TO CONGRESS.—The Secretary, in con15 sultation with the Secretary of Health and Human Serv16 ices, shall prepare and submit to the Committee on 

17 Health, Education, Labor, and Pensions of the Senate and 

18 the Committee on Education and the Workforce of the 

19 House of Representatives a biennial report containing the 

20 information described in subsection (e) for all States re21 ceiving funds under this part. 

22 ‘‘(g) LIMITATIONS ON FEDERAL INTERFERENCE.— 

23 Nothing in this part shall be construed to authorize the 

24 Secretary to establish any criterion that specifies, defines, 

25 or prescribes— 
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1 ‘‘(1) early learning and development guidelines, 

2 standards, or specific assessments, including the 

3 standards or measures that States use to develop, 

4 implement, or improve such guidelines, standards, or 

5 assessments; 

6 ‘‘(2) specific measures or indicators of quality 

7 early learning and care, including— 

8 ‘‘(A) the systems that States use to assess 

9 the quality of early childhood education pro10 grams and providers, school readiness, and 

11 achievement; and 

12 ‘‘(B) the term ‘high-quality’ early learning 

13 or care; 

14 ‘‘(3) early learning or preschool curriculum, 

15 program of instruction, or instructional content; 

16 ‘‘(4) teacher and staff qualifications and sala17 ries; 

18 ‘‘(5) class sizes and child-to-instructional staff 

19 ratios; and 

20 ‘‘(6) any aspect or parameter of a teacher, prin21 cipal, other school leader, or staff evaluation system 

22 within a State or local educational agency. 
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1 ‘‘SEC. 5903. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated to carry out 

3 this part such sums as may be necessary for each of fiscal 

4 years 2016 through 2021.’’ 

5 ‘‘PART J—INNOVATION SCHOOLS 

6 DEMONSTRATION AUTHORITY 

7 ‘‘SEC. 5910. INNOVATION SCHOOLS. 

8 ‘‘(a) PURPOSE.—The purpose of the flexibility au9 thority under this part is to provide local educational 

10 agencies with the flexibility to create locally-designed inno11 vation schools in order to achieve increased autonomy and 

12 support for innovation schools. 

13 ‘‘(b) DEFINITIONS.—In this part: 

14 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en15 tity’ means a local educational agency that receives 

16 a local flexibility agreement under this part. 

17 ‘‘(2) ELIGIBLE STATE EDUCATIONAL AGEN18 CY.—The term ‘eligible State educational agency’ 

19 means a State educational agency that has adopted 

20 policies or procedures that allow the development, 

21 consideration, and approval of innovation school 

22 plans, consistent with the provisions of this part. 

23 ‘‘(3) INNOVATION SCHOOL.—The term ‘innova24 tion school’ means a public school that— 

25 ‘‘(A) is established for the purpose of gen26 erating enhanced opportunities for students to 
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1 learn and achieve through increased educator 

2 and school-level professional autonomy and 

3 flexibility; 

4 ‘‘(B) is a collaborative initiative enjoying 

5 strong buy-in, pursuant to subparagraphs (F) 

6 and (G) of subsection (f)(1), from key stake7 holders, including parents, education employees, 

8 and representatives of such employees, where 

9 applicable; 

10 ‘‘(C) ensures equitable access for all stu11 dent populations; 

12 ‘‘(D) operates with the same degree of 

13 transparency and is held to the same account14 ability standards applicable to other schools in 

15 the school district served by the local edu16 cational agency that serves the innovation 

17 school; and 

18 ‘‘(E) is not a magnet school. 

19 ‘‘(c) AUTHORITY.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), the Secretary is authorized to allow eligi22 ble State educational agencies to receive flexibility 

23 authority to provide local educational agencies with 

24 flexibility agreements if such eligible State edu25 cational agencies— 
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1 ‘‘(A) demonstrate that flexibility agree2 ments are necessary for the successful operation 

3 of innovation schools; and 

4 ‘‘(B) provide a description of any State or 

5 local rules, generally applicable to public 

6 schools, that will be waived, or otherwise not 

7 apply, to innovation schools. 

8 ‘‘(2) EXCEPTION.—Flexibility authority and 

9 flexibility agreements shall not be granted under 

10 paragraph (1) with respect to any provision under 

11 part B of the Individuals with Disabilities Education 

12 Act, title VI of the Civil Rights Act of 1964, or sec13 tion 504 of the Rehabilitation Act of 1973. 

14 ‘‘(d) SELECTION OF LOCAL EDUCATIONAL AGEN15 CIES.—Each eligible State educational agency receiving 

16 flexibility authority under subsection (c) shall, to the ex17 tent practicable and applicable, ensure that local flexibility 

18 agreements made with eligible entities— 

19 ‘‘(1) prioritize local educational agencies that— 

20 ‘‘(A) serve the largest numbers or percent21 ages of students from low-income families; or 

22 ‘‘(B) will use the provided flexibility for in23 novative strategies in schools identified as in 

24 need of intervention and support under section 

25 1114; and 
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1 ‘‘(2) are geographically diverse, including pro2 vided to local educational agencies serving urban, 

3 suburban, or rural areas. 

4 ‘‘(e) STATE APPLICATIONS AND REQUIREMENTS.— 

5 ‘‘(1) IN GENERAL.—An eligible State edu6 cational agency desiring to receive flexibility author7 ity under this part shall submit an application to the 

8 Secretary at such time and in such manner as the 

9 Secretary may require. The application shall include 

10 the following: 

11 ‘‘(A) DESCRIPTION OF PROGRAM.—A de12 scription of the eligible State educational agen13 cy’s objectives in supporting innovation schools, 

14 and how the objectives of the program will be 

15 carried out, including— 

16 ‘‘(i) a description of how the State 

17 educational agency will— 

18 ‘‘(I) support the success of inno19 vation schools; 

20 ‘‘(II) inform local educational 

21 agencies, communities, and schools of 

22 the opportunity for local flexibility 

23 agreements under this part; 

24 ‘‘(III) work with eligible entities 

25 to ensure that innovation schools ac-
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1 cess all Federal, State, and local 

2 funds such schools are eligible to re3 ceive; 

4 ‘‘(IV) work with eligible entities 

5 to ensure that innovation schools re6 ceive waivers to all Federal, State, 

7 and local laws necessary to implement 

8 innovation schools’ innovation plans; 

9 ‘‘(V) ensure each eligible entity 

10 works with innovation schools to en11 sure inclusion of all students and pro12 mote retention of students in the 

13 school; and 

14 ‘‘(VI) share best and promising 

15 practices among innovation schools 

16 and other schools; 

17 ‘‘(ii) a description of how the State 

18 educational agency will actively monitor 

19 each eligible entity in a local flexibility 

20 agreement to hold innovation schools ac21 countable to ensure a high-quality edu22 cation, including by approving, re-approv23 ing, and revoking the innovation plan and 

24 its attendant flexibility based on the per25 formance of the innovation school, in the 
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1 areas of student achievement, student safe2 ty, financial management, and compliance 

3 with all applicable statutes; and 

4 ‘‘(iii) a description of how the State 

5 educational agency will approve local flexi6 bility agreements, including— 

7 ‘‘(I) a description of the applica8 tion each local educational agency de9 siring to enter into such a flexibility 

10 agreement will submit, which applica11 tion shall include— 

12 ‘‘(aa) the school innovation 

13 plan; 

14 ‘‘(bb) a description of the 

15 roles and responsibilities of local 

16 educational agencies and of any 

17 other organizations with which 

18 the local educational agency will 

19 partner to open innovation 

20 schools, including administrative 

21 and contractual roles and respon22 sibilities; 

23 ‘‘(cc) a description of the 

24 quality controls that will be used 

25 by the local educational agency, 
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1 such as a contract or perform2 ance agreement that includes a 

3 school’s performance in the 

4 State’s academic accountability 

5 system and impact on student 

6 achievement; 

7 ‘‘(dd) a description of the 

8 planned activities to be carried 

9 out under the flexibility agree10 ment; and 

11 ‘‘(ee) a description of waiv12 ers and other flexibility needed to 

13 implement the school innovation 

14 plan; and 

15 ‘‘(II) a description of how the 

16 State educational agency will review 

17 applications from local educational 

18 agencies. 

19 ‘‘(B) STATE ASSURANCES.—Assurances 

20 from the State educational agency that— 

21 ‘‘(i) each eligible entity will ensure 

22 that innovation schools have a high degree 

23 of autonomy over budget and operations; 

24 ‘‘(ii) the State educational agency— 
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1 ‘‘(I) and each eligible entity en2 tering into a local flexibility agree3 ment under this section will ensure 

4 that each innovation school that re5 ceives funds under the entity’s pro6 gram is meeting the requirements of 

7 this Act, part B of the Individuals 

8 with Disabilities Education Act, title 

9 VI of the Civil Rights Act of 1964, 

10 and section 504 of the Rehabilitation 

11 Act of 1973; and 

12 ‘‘(II) will ensure that each eligi13 ble entity adequately monitors and 

14 provides adequate technical assistance 

15 to each innovation school in recruit16 ing, enrolling, and meeting the needs 

17 of all students, including children with 

18 disabilities and English learners; 

19 ‘‘(iii) the State educational agency will 

20 ensure that the eligible entity will monitor 

21 innovation schools, including by— 

22 ‘‘(I) using annual performance 

23 data, including graduation rates and 

24 student academic achievement data, 

25 as appropriate; 
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1 ‘‘(II) if applicable, reviewing the 

2 schools’ independent, annual audits of 

3 financial statements conducted in ac4 cordance with generally accepted ac5 counting principles, and ensuring any 

6 such audits are publically reported; 

7 and 

8 ‘‘(III) holding innovation schools 

9 accountable to the academic, financial, 

10 and operational quality controls out11 lined in the innovation plan, such as 

12 through renewal, non-renewal, or rev13 ocation of the school’s innovation 

14 plan; 

15 ‘‘(iv) the State educational agency will 

16 ensure that, to the greatest extent possible, 

17 State and local rules, generally applicable 

18 to public schools, will be waived, or other19 wise not apply, to the extent necessary, to 

20 innovation plans at each innovation school; 

21 ‘‘(v) eligible entities will ensure that 

22 each innovation school makes publicly 

23 available information to help parents make 

24 informed decisions about the education op25 tions available to their children, including 
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1 information on the educational program, 

2 student support services, and annual per3 formance and enrollment data for students 

4 in the innovation school; and 

5 ‘‘(vi) the State educational agency 

6 consulted with local educational agencies, 

7 schools, teachers, principals, other school 

8 leaders, and parents in developing the 

9 State application. 

10 ‘‘(2) ADDITIONAL ELEMENTS.—The provisions 

11 of peer review, approval, determination, demonstra12 tion, revision, disapproval, limitations, public review, 

13 and additional information applicable to State plans 

14 under paragraphs (3), (4), (5), (6), (7), and (8)(B) 

15 of section 1111(a) shall apply in the same manner 

16 to State applications submitted under this sub17 section. 

18 ‘‘(f) LOCAL EDUCATIONAL AGENCY APPLICATIONS

19 AND REQUIREMENTS.—A local educational agency that 

20 desires to enter into a local flexibility agreement shall sub21 mit to the State educational agency such information that 

22 the State educational agency shall require, including— 

23 ‘‘(1) the plans for all approved innovation 

24 schools to be served by the local educational agency, 

25 which shall include— 
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1 ‘‘(A) a statement of the innovations 

2 school’s mission and why designation as an in3 novation school would enhance the school’s abil4 ity to achieve its mission; 

5 ‘‘(B) a description of the innovations the 

6 public school would implement, which may in7 clude, innovations in school staffing, curriculum 

8 and assessment, class scheduling and size, use 

9 of financial and other resources, and faculty re10 cruitment, employment, evaluation, compensa11 tion, and extracurricular activities; 

12 ‘‘(C) if the innovation school seeks to es13 tablish an advisory board, a description of— 

14 ‘‘(i) the membership of the board 

15 (which may include representatives of 

16 teachers, parents, students, the local edu17 cational agency, the State educational 

18 agency, the business community, institu19 tions of higher education, or other commu20 nity representatives); 

21 ‘‘(ii) its responsibilities in designing 

22 and furthering the mission of the innova23 tion school; and 
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1 ‘‘(iii) how the board will ensure co2 ordination with the local educational agen3 cy and State educational agency; 

4 ‘‘(D) a listing of the programs, policies, or 

5 operational documents within the public school 

6 that would be affected by the public school’s 

7 identified innovations and the manner in which 

8 they would be affected, which shall include— 

9 ‘‘(i) the research-based educational 

10 program the school would implement; 

11 ‘‘(ii) the length of school day and 

12 school year at the school; 

13 ‘‘(iii) the student engagement policies 

14 to be implemented at the school; 

15 ‘‘(iv) the school’s instruction and as16 sessment plan; 

17 ‘‘(v) the school’s plan to use data, 

18 evaluation, and professional learning to im19 prove student achievement; 

20 ‘‘(vi) the proposed budget for the 

21 school; 

22 ‘‘(vii) the proposed staffing plan or 

23 staff compensation model for the school; 

24 and 
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1 ‘‘(viii) the professional development 

2 needs of leaders and staff to implement the 

3 program and how those needs will be ad4 dressed; 

5 ‘‘(E) an identification of the improvements 

6 in academic performance that the school ex7 pects to achieve in implementing the innova8 tions; 

9 ‘‘(F) evidence that a majority of the ad10 ministrators employed at the public school sup11 port the request for designation as an innova12 tion school; 

13 ‘‘(G) evidence that not less than two-thirds 

14 of the regularly employed employees at the 

15 school vote by secret ballot to approve the 

16 school’s innovation school plan; 

17 ‘‘(H) evidence that the school has strong 

18 parental support, demonstrated in a manner de19 termined appropriate by the State educational 

20 agency; 

21 ‘‘(I) a description of any regulatory or pol22 icy requirements that would need to be waived 

23 for the public school to implement its identified 

24 innovations; and 
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1 ‘‘(J) any additional information required 

2 by the local educational agency in which the in3 novation plan would be implemented; 

4 ‘‘(2) a description of any rules or regulations 

5 that the local educational agency will waive in order 

6 to provide autonomy to the innovation schools and 

7 why waiving such regulations will benefit students; 

8 ‘‘(3) a description of any State regulations that 

9 the local educational agency seeks to waive in order 

10 to provide autonomy to innovation schools, and why 

11 waiving such regulations will benefit students; and 

12 ‘‘(4) a description of the process that the local 

13 educational agency will use to regularly review the 

14 progress of innovation schools, including student 

15 performance and performance in the State’s ac16 countability system and decide whether to revoke or 

17 continue the innovation school’s autonomy. 

18 ‘‘(g) TEACHER CERTIFICATION REQUIREMENTS.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding any other 

20 provision of this part, except as provided under 

21 paragraph (2), not more than 5 percent of the 

22 teachers in an innovation school granted flexibility 

23 under this part may be unlicensed or uncertified at 

24 any one time. Such unlicensed or uncertified teach-
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1 ers shall become licensed or certified within 3 years 

2 of being hired. 

3 ‘‘(2) STATE REQUIREMENTS.—Innovation 

4 schools located in a State with a more lenient teach5 er license or certification requirement than the re6 quirement described in paragraph (1) may hire 

7 teachers in accordance with State teacher license or 

8 certification requirements. 

9 ‘‘(h) REPORTING REQUIREMENTS AND ASSESS10 MENTS.— 

11 ‘‘(1) REPORTING.—Each eligible State edu12 cational agency receiving the flexibility authority 

13 granted by the Secretary under this section shall 

14 submit to the Secretary, at the end of the third year 

15 of the demonstration period and at the end of any 

16 renewal period, a report that includes the following: 

17 ‘‘(A) The number of students served by 

18 each innovation school under this part and, if 

19 applicable, the number of new students served 

20 during each year of the demonstration period, 

21 expressed as a total number and as a percent22 age of the students enrolled in the State and 

23 relevant local educational agencies. 

24 ‘‘(B) The number of innovation schools 

25 served under this part. 
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1 ‘‘(C) An overview of the innovations imple2 mented in the innovation schools and the inno3 vation school zones in the districts of innova4 tion. 

5 ‘‘(D) An overview of the academic perform6 ance of the students served in innovation 

7 schools, including a comparison between the 

8 students’ academic performance before and 

9 since implementation of the innovations. 

10 ‘‘(2) EVALUATION.—The Director of the Insti11 tute of Education Sciences (or a comparable, inde12 pendent research organization) shall conduct an 

13 evaluation of the program under this part after year 

14 3 and 5 of the program and every 2 years thereafter. 

15 ‘‘(i) RULE OF CONSTRUCTION AND PROHIBITIONS.— 

16 ‘‘(1) RULE OF CONSTRUCTION REGARDING EM17 PLOYMENT.—Nothing in this part shall be construed 

18 to alter or otherwise affect the rights, remedies, and 

19 procedures afforded school or school district employ20 ees under Federal, State or local laws (including ap21 plicable regulations or court orders) or under the 

22 terms of collective bargaining agreements, memo23 randa of understanding, or other agreements be24 tween such employees and their employers. 
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1 ‘‘(2) PROHIBITION ON FEDERAL INTER2 FERENCE WITH STATE AND LOCAL DECISIONS.— 

3 Nothing in this part shall be construed to permit the 

4 Secretary to establish any criterion that specifies, 

5 defines, or prescribes the terms governing innovation 

6 schools served under this part. 

7 ‘‘(j) DURATION OF FLEXIBILITY DEMONSTRATION

8 AUTHORITY AND AGREEMENTS.— 

9 ‘‘(1) FLEXIBILITY DEMONSTRATION AUTHOR10 ITY.—Flexibility demonstration authority under this 

11 part shall be awarded for a period that shall not ex12 ceed 5 fiscal years, and may be renewed by the Sec13 retary for 1 additional 2-year period. 

14 ‘‘(2) LOCAL FLEXIBILITY AGREEMENTS.—Local 

15 flexibility agreements awarded by an eligible State 

16 educational agency under this part shall be for a pe17 riod of not more than 5 years.’’. 

18 SEC. 5011. FULL-SERVICE COMMUNITY SCHOOLS. 

19 Title V (20 U.S.C. 7201 et seq.) is amended by add20 ing at the end the following: 

21 ‘‘PART K—FULL-SERVICE COMMUNITY SCHOOLS 

22 ‘‘SEC. 5911. SHORT TITLE. 

23 ‘‘This part may be cited as the ‘Full-Service Commu24 nity Schools Act of 2015’ 
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†S 1177 ES

1 ‘‘SEC. 5912. PURPOSES. 

2 ‘‘The purposes of this title are to— 

3 ‘‘(1) improve student learning and development 

4 by providing supports for students that enable them 

5 to graduate college- and career-ready; 

6 ‘‘(2) provide support for the planning, imple7 mentation, and operation of full-service community 

8 schools; 

9 ‘‘(3) improve the coordination and integration, 

10 accessibility, and effectiveness of services for chil11 dren and families, particularly for students attend12 ing high-poverty schools, including high-poverty 

13 rural schools; 

14 ‘‘(4) enable educators and school personnel to 

15 complement and enrich efforts to improve academic 

16 achievement and other results; 

17 ‘‘(5) ensure that children have the physical, so18 cial, and emotional well-being to come to school 

19 ready to engage in the learning process every day; 

20 ‘‘(6) promote and enable family and community 

21 engagement in the education of children; 

22 ‘‘(7) enable more efficient use of Federal, State, 

23 local, and private sector resources that serve chil24 dren and families; 

25 ‘‘(8) facilitate the coordination and integration 

26 of programs and services operated by community- 
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1 based organizations, nonprofit organizations, and 

2 State, local, and tribal governments; 

3 ‘‘(9) engage students as resources to their com4 munities; and 

5 ‘‘(10) engage the business community and other 

6 community organizations as partners in the develop7 ment and operation of full-service community 

8 schools. 

9 ‘‘SEC. 5913. DEFINITION OF FULL-SERVICE COMMUNITY 

10 SCHOOL. 

11 ‘‘In this part, the term ‘full-service community school’ 

12 means a public elementary school or secondary school 

13 that— 

14 ‘‘(1) participates in a community-based effort to 

15 coordinate and integrate educational, developmental, 

16 family, health, and other comprehensive services 

17 through community-based organizations and public 

18 and private partnerships; and 

19 ‘‘(2) provides access to such services to stu20 dents, families, and the community, such as access 

21 during the school year (including before- and after22 school hours and weekends), as well as during the 

23 summer. 
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1 ‘‘SEC. 5914. LOCAL PROGRAMS. 

2 ‘‘(a) GRANTS.—The Secretary may award grants to 

3 eligible entities to assist public elementary schools or sec4 ondary schools to function as full-service community 

5 schools. 

6 ‘‘(b) USE OF FUNDS.—Grants awarded under this 

7 section shall be used to— 

8 ‘‘(1) coordinate not less than 3 existing quali9 fied services and provide not less than 2 additional 

10 qualified services at 2 or more public elementary 

11 schools or secondary schools; 

12 ‘‘(2) integrate multiple services into a com13 prehensive, coordinated continuum supported by re14 search-based activities which achieve the perform15 ance goals established under subsection (c)(4)(E) to 

16 meet the holistic needs of children; and 

17 ‘‘(3) if applicable, coordinate and integrate 

18 services provided by community-based organizations 

19 and government agencies with services provided by 

20 specialized instructional support personnel. 

21 ‘‘(c) APPLICATION.—To seek a grant under this sec22 tion, an eligible entity shall submit an application to the 

23 Secretary at such time and in such manner as the Sec24 retary may require. The Secretary shall require that each 

25 such application include the following: 

26 ‘‘(1) A description of the eligible entity. 
719 

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1 ‘‘(2) A memorandum of understanding among 

2 all partner entities that will assist the eligible entity 

3 to coordinate and provide qualified services and that 

4 describes the roles the partner entities will assume. 

5 ‘‘(3) A description of the capacity of the eligible 

6 entity to coordinate and provide qualified services at 

7 2 or more full-service community schools. 

8 ‘‘(4) A comprehensive plan that includes de9 scriptions of the following: 

10 ‘‘(A) The student, family, and school com11 munity to be served, including information 

12 about demographic characteristics that include 

13 major racial and ethnic groups, median family 

14 income, percentage of students eligible for free15 and reduced-price lunch under the Richard B. 

16 Russell National School Lunch Act, and other 

17 information. 

18 ‘‘(B) A needs assessment that identifies 

19 the academic, physical, social, emotional, health, 

20 mental health, and other needs of students, 

21 families, and community residents. 

22 ‘‘(C) A community assets assessment 

23 which identifies existing resources, as of the 

24 date of the assessment, that could be aligned. 
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1 ‘‘(D) The most appropriate metric to de2 scribe the plan’s reach within a community 

3 using either— 

4 ‘‘(i) the number of families and stu5 dents to be served, and the frequency of 

6 services; or 

7 ‘‘(ii) the proportion of families and 

8 students to be served, and the frequency of 

9 services. 

10 ‘‘(E) Yearly measurable performance goals, 

11 including an increase in the percentage of fami12 lies and students targeted for services each year 

13 of the program, which are consistent with the 

14 following objectives: 

15 ‘‘(i) Children are ready for school. 

16 ‘‘(ii) Students are engaged and 

17 achieving academically. 

18 ‘‘(iii) Students are physically, men19 tally, socially, and emotionally healthy. 

20 ‘‘(iv) Schools and neighborhoods are 

21 safe and provide a positive climate for 

22 learning that is free from bullying or har23 assment. 

24 ‘‘(v) Families are supportive and en25 gaged in their children’s education. 
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†S 1177 ES

1 ‘‘(vi) Students and families are pre2 pared for postsecondary education and 

3 21st century careers. 

4 ‘‘(vii) Students are contributing to 

5 their communities. 

6 ‘‘(F) Performance measures to monitor 

7 progress toward attainment of the goals estab8 lished under subparagraph (E), including a 

9 combination of the following, to the extent ap10 plicable: 

11 ‘‘(i) Multiple objective measures of 

12 student achievement, including assess13 ments, classroom grades, and other means 

14 of assessing student performance. 

15 ‘‘(ii) Attendance (including absences 

16 related to illness and truancy) and chronic 

17 absenteeism rates. 

18 ‘‘(iii) Disciplinary actions against stu19 dents, including suspensions and expul20 sions. 

21 ‘‘(iv) Access to health care and treat22 ment of illnesses demonstrated to impact 

23 academic achievement. 

24 ‘‘(v) Performance in making progress 

25 toward intervention services goals as estab-
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1 lished by specialized instructional support 

2 personnel. 

3 ‘‘(vi) Participation rates by parents 

4 and family members in school-sanctioned 

5 activities and activities that occur as a re6 sult of community and school collaboration, 

7 as well as activities intended to support 

8 adult education and workforce develop9 ment. 

10 ‘‘(vii) Number and percentage of stu11 dents and family members provided serv12 ices under this part. 

13 ‘‘(viii) Valid measures of postsec14 ondary education and career readiness. 

15 ‘‘(ix) Service-learning and community 

16 service participation rates. 

17 ‘‘(x) Student satisfaction surveys. 

18 ‘‘(G) Qualified services, including existing 

19 and additional qualified services, to be coordi20 nated and provided by the eligible entity and its 

21 partner entities, including an explanation of— 

22 ‘‘(i) why such services have been se23 lected; 

24 ‘‘(ii) how such services will improve 

25 student academic achievement; and 
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1 ‘‘(iii) how such services will address 

2 performance goals established under sub3 paragraph (E). 

4 ‘‘(H) Plans to ensure that each site has 

5 full-time coordination of qualified services at 

6 each full-service community school, including 

7 coordination with the specialized instructional 

8 support personnel employed prior to the receipt 

9 of the grant. 

10 ‘‘(I) Planning, coordination, management, 

11 and oversight of qualified services at each 

12 school to be served, including the role of the 

13 school principal, partner entities, parents, and 

14 members of the community. 

15 ‘‘(J) Funding sources for qualified services 

16 to be coordinated and provided at each school 

17 to be served, including whether such funding is 

18 derived from a grant under this section or from 

19 other Federal, State, local, or private sources. 

20 ‘‘(K) Plans for professional development 

21 for personnel managing, coordinating, or deliv22 ering qualified services at the schools to be 

23 served. 
724 

†S 1177 ES

1 ‘‘(L) Plans for joint utilization and mainte2 nance of school facilities by the eligible entity 

3 and its partner entities. 

4 ‘‘(M) How the eligible entity and its part5 ner entities will focus services on schools eligible 

6 for a schoolwide program under section 

7 1113(c). 

8 ‘‘(N) Plans for periodic evaluation based 

9 upon attainment of the performance measures 

10 described in subparagraph (F). 

11 ‘‘(O) How the qualified services will meet 

12 the principles of effectiveness described in sub13 section (d). 

14 ‘‘(5) A plan for sustaining the programs and 

15 services outlined in this part. 

16 ‘‘(d) PRINCIPLES OF EFFECTIVENESS.—For a pro17 gram developed pursuant to this section to meet principles 

18 of effectiveness, such program shall be based upon— 

19 ‘‘(1) an assessment of objective data regarding 

20 the need for the establishment of a full-service com21 munity school and qualified services at each school 

22 to be served and in the community involved; 

23 ‘‘(2) an established set of performance meas24 ures aimed at ensuring the availability and effective25 ness of high-quality services; and 
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1 ‘‘(3) if appropriate, scientifically based research 

2 that provides evidence that the qualified services in3 volved will help students meet State and local stu4 dent academic achievement standards. 

5 ‘‘(e) PRIORITY.—In awarding grants under this sec6 tion, the Secretary shall give priority to eligible entities 

7 that— 

8 ‘‘(1)(A) will serve a minimum of 2 or more full9 service community schools eligible for a schoolwide 

10 program under section 1113(c), as part of a 

11 community- or district-wide strategy; or 

12 ‘‘(B) include a local educational agency that 

13 satisfies the requirements of— 

14 ‘‘(i) subparagraph (A) or (B) of section 

15 6211(b)(1); or 

16 ‘‘(ii) subparagraphs (A) and (B) of section 

17 6221(b)(1); and 

18 ‘‘(2) will be connected to a consortium com19 prised of a broad representation of stakeholders, or 

20 a consortium demonstrating a history of effective21 ness. 

22 ‘‘(f) GRANT PERIOD.—Each grant awarded under 

23 this section shall be for a period of 5 years and may be 

24 renewed at the discretion of the Secretary based on the 

25 eligible entity’s demonstrated effectiveness in meeting the 
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†S 1177 ES

1 performance goals and measures established under sub2 paragraphs (E) and (F) of subsection (c)(4). 

3 ‘‘(g) PLANNING.—The Secretary may authorize an el4 igible entity to use grant funds under this section for plan5 ning purposes in an amount not greater than 10 percent 

6 of the total grant amount. 

7 ‘‘(h) MINIMUM AMOUNT.—The Secretary may not 

8 award a grant to an eligible entity under this section in 

9 an amount that is less than $75,000 for each year of the 

10 5-year grant period. 

11 ‘‘(i) DEFINITIONS.—In this section: 

12 ‘‘(1) ADDITIONAL QUALIFIED SERVICES.—The 

13 term ‘additional qualified services’ means qualified 

14 services directly funded under this part. 

15 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en16 tity’ means a consortium of 1 or more local edu17 cational agencies and 1 or more community-based 

18 organizations, nonprofit organizations, or other pub19 lic or private entities. 

20 ‘‘(3) EXISTING QUALIFIED SERVICES.—The 

21 term ‘existing qualified services’ means qualified 

22 services already being financed, as of the time of the 

23 application, by Federal, State, local, or private 

24 sources, or volunteer activities being supported as of 
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†S 1177 ES

1 such time by civic, business, faith-based, social, or 

2 other similar organizations. 

3 ‘‘(4) QUALIFIED SERVICES.—The term ‘quali4 fied services’ means any of the following: 

5 ‘‘(A) Early childhood education. 

6 ‘‘(B) Remedial education activities and en7 richment activities, including expanded learning 

8 time. 

9 ‘‘(C) Summer or after-school enrichment 

10 and learning experiences. 

11 ‘‘(D) Programs under the Head Start Act, 

12 including Early Head Start programs. 

13 ‘‘(E) Nurse home visitation services. 

14 ‘‘(F) Teacher home visiting. 

15 ‘‘(G) Programs that promote parental in16 volvement and family literacy. 

17 ‘‘(H) Mentoring and other youth develop18 ment programs, including peer mentoring and 

19 conflict mediation. 

20 ‘‘(I) Parent leadership development activi21 ties. 

22 ‘‘(J) Parenting education activities. 

23 ‘‘(K) Child care services. 

24 ‘‘(L) Community service and service-learn25 ing opportunities. 
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†S 1177 ES

1 ‘‘(M) Developmentally appropriate physical 

2 education. 

3 ‘‘(N) Programs that provide assistance to 

4 students who have been truant, suspended, or 

5 expelled. 

6 ‘‘(O) Job training, internship opportuni7 ties, and career counseling services. 

8 ‘‘(P) Nutrition services. 

9 ‘‘(Q) Primary health and dental care. 

10 ‘‘(R) Mental health counseling services. 

11 ‘‘(S) Adult education, including instruction 

12 in English as a second language. 

13 ‘‘(T) Juvenile crime prevention and reha14 bilitation programs. 

15 ‘‘(U) Specialized instructional support 

16 services. 

17 ‘‘(V) Homeless prevention services. 

18 ‘‘(W) Other services consistent with this 

19 part. 

20 ‘‘SEC. 5915. STATE PROGRAMS. 

21 ‘‘(a) GRANTS.—The Secretary may award grants to 

22 State collaboratives to support the development of full23 service community school programs in accordance with 

24 this section. 
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†S 1177 ES

1 ‘‘(b) USE OF FUNDS.—Grants awarded under this 

2 section shall be used only for the following: 

3 ‘‘(1) Developing a State comprehensive results 

4 and indicators framework to implement full-service 

5 community schools, consistent with performance 

6 goals described in section 5914(c)(4)(E). 

7 ‘‘(2) Planning, coordinating, and expanding the 

8 development of full-service community schools in the 

9 State, particularly such schools in high-poverty local 

10 educational agencies, including high-poverty rural 

11 local educational agencies. 

12 ‘‘(3) Providing technical assistance and training 

13 for full-service community schools, including profes14 sional development for personnel and creation of 

15 data collection and evaluation systems. 

16 ‘‘(4) Collecting, evaluating, and reporting data 

17 about the progress of full-service community schools. 

18 ‘‘(5) Evaluating the impact of Federal and 

19 State policies and guidelines on the ability of eligible 

20 entities (as defined in section 5914(i)) to integrate 

21 Federal and State programs at full-service commu22 nity schools, and taking action to make necessary 

23 changes. 

24 ‘‘(c) APPLICATION.—To seek a grant under this sec25 tion, a State collaborative shall submit an application to 
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†S 1177 ES

1 the Secretary at such time and in such manner as the 

2 Secretary may require. The Secretary shall require that 

3 each such application include the following: 

4 ‘‘(1) A memorandum of understanding among 

5 all governmental agencies and nonprofit organiza6 tions that will participate as members of the State 

7 collaborative. 

8 ‘‘(2) A description of the expertise of each 

9 member of the State collaborative— 

10 ‘‘(A) in coordinating Federal and State 

11 programs across multiple agencies; 

12 ‘‘(B) in working with and developing the 

13 capacity of full-service community schools; and 

14 ‘‘(C) in working with high-poverty schools 

15 or rural schools and local educational agencies. 

16 ‘‘(3) A comprehensive plan describing how the 

17 grant will be used to plan, coordinate, and expand 

18 the delivery of services at full-service community 

19 schools. 

20 ‘‘(4) A comprehensive accountability plan that 

21 will be used to demonstrate effectiveness, including 

22 the measurable performance goals of the program 

23 and performance measures to monitor progress and 

24 assess services’ impact on students and families and 

25 academic achievement. 
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1 ‘‘(5) An explanation of how the State collabo2 rative will work to ensure State policies and guide3 lines can support the development of full-service 

4 community schools, as well as provide technical as5 sistance and training, including professional develop6 ment, for full-service community schools. 

7 ‘‘(6) An explanation of how the State will col8 lect and evaluate information on full-service commu9 nity schools. 

10 ‘‘(d) GRANT PERIOD.—Each grant awarded under 

11 this section shall be for a period of 5 years. 

12 ‘‘(e) MINIMUM AMOUNT.—The Secretary may not 

13 award a grant to a State collaborative under this section 

14 in an amount that is less than $500,000 for each year 

15 of the 5-year grant period. 

16 ‘‘(f) DEFINITIONS.—For purposes of this section: 

17 ‘‘(1) STATE.—The term ‘State’ includes the 

18 several States, the District of Columbia, the Com19 monwealth of Puerto Rico, the Commonwealth of the 

20 Northern Mariana Islands, American Samoa, Guam, 

21 the United States Virgin Islands, and any other ter22 ritory or possession of the United States. 

23 ‘‘(2) STATE COLLABORATIVE.—The term ‘State 

24 collaborative’ means a collaborative of a State edu25 cational agency and not less than 2 other govern-
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†S 1177 ES

1 mental agencies or nonprofit organizations that pro2 vide services to children and families. 

3 ‘‘SEC. 5916. ADVISORY COMMITTEE. 

4 ‘‘(a) ESTABLISHMENT.—There is hereby established 

5 an advisory committee to be known as the ‘Full-Service 

6 Community Schools Advisory Committee’ (in this section 

7 referred to as the ‘Advisory Committee’). 

8 ‘‘(b) DUTIES.—Subject to subsection (c), the Advi9 sory Committee shall— 

10 ‘‘(1) consult with the Secretary on the develop11 ment and implementation of programs under this 

12 part; 

13 ‘‘(2) identify strategies to improve the coordina14 tion of Federal programs in support of full-service 

15 community schools; and 

16 ‘‘(3) issue an annual report to Congress on ef17 forts under this part, including a description of— 

18 ‘‘(A) the results of local and national eval19 uations of such efforts; and 

20 ‘‘(B) the scope of services being coordi21 nated under this part. 

22 ‘‘(c) CONSULTATION.—In carrying out its duties 

23 under this section, the Advisory Committee shall consult 

24 annually with eligible entities awarded grants under sec25 tion 5914, State collaboratives awarded grants under sec-
733 

†S 1177 ES

1 tion 5915, and other entities with expertise in operating 

2 full-service community schools. 

3 ‘‘(d) MEMBERS.—The Advisory Committee shall con4 sist of 5 members as follows: 

5 ‘‘(1) The Secretary of Education (or the Sec6 retary’s delegate). 

7 ‘‘(2) The Attorney General of the United States 

8 (or the Attorney General’s delegate). 

9 ‘‘(3) The Secretary of Agriculture (or the Sec10 retary’s delegate). 

11 ‘‘(4) The Secretary of Health and Human Serv12 ices (or the Secretary’s delegate). 

13 ‘‘(5) The Secretary of Labor (or the Secretary’s 

14 delegate). 

15 ‘‘SEC. 5917. GENERAL PROVISIONS. 

16 ‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, di17 rectly or through grants, shall provide such technical as18 sistance as may be appropriate to accomplish the purposes 

19 of this part. 

20 ‘‘(b) EVALUATIONS BY SECRETARY.—The Secretary 

21 shall conduct evaluations on the effectiveness of grants 

22 under sections 5914 and 5915 in achieving the purposes 

23 of this part. 

24 ‘‘(c) EVALUATIONS BY GRANTEES.—The Secretary 

25 shall require each recipient of a grant under this part— 
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1 ‘‘(1) to conduct periodic evaluations of the 

2 progress achieved with the grant toward achieving 

3 the purposes of this part; 

4 ‘‘(2) to use such evaluations to refine and im5 prove activities conducted with the grant and the 

6 performance measures for such activities; and 

7 ‘‘(3) to make the results of such evaluations 

8 publicly available, including by providing public no9 tice of such availability. 

10 ‘‘(d) CONSTRUCTION CLAUSE.—Nothing in this part 

11 shall be construed to alter or otherwise affect the rights, 

12 remedies, and procedures afforded school or school district 

13 employees under Federal, State, or local laws (including 

14 applicable regulations or court orders) or under the terms 

15 of collective bargaining agreements, memoranda of under16 standing, or other agreements between such employees 

17 and their employers. 

18 ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Funds made 

19 available to a grantee under this part may be used only 

20 to supplement, and not supplant, any other Federal, State, 

21 or local funds that would otherwise be available to carry 

22 out the activities assisted under this part. 

23 ‘‘(f) MATCHING FUNDS.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall require 

25 each recipient of a grant under this part to provide 
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1 matching funds from non-Federal sources in an 

2 amount determined under paragraph (2). 

3 ‘‘(2) DETERMINATION OF AMOUNT OF

4 MATCH.— 

5 ‘‘(A) SLIDING SCALE.—Subject to subpara6 graph (B), the Secretary shall determine the 

7 amount of matching funds to be required of a 

8 grantee under this subsection based on a sliding 

9 fee scale that takes into account— 

10 ‘‘(i) the relative poverty of the popu11 lation to be targeted by the grantee; and 

12 ‘‘(ii) the ability of the grantee to ob13 tain such matching funds. 

14 ‘‘(B) MAXIMUM AMOUNT.—The Secretary 

15 may not require any grantee under this part to 

16 provide matching funds in an amount that ex17 ceeds the amount of the grant award. 

18 ‘‘(3) IN-KIND CONTRIBUTIONS.—The Secretary 

19 shall permit grantees under this part to match funds 

20 in whole or in part with in-kind contributions. 

21 ‘‘(4) CONSIDERATION.—Notwithstanding this 

22 subsection, the Secretary shall not consider an appli23 cant’s ability to match funds when determining 

24 which applicants will receive grants under this part. 
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1 ‘‘(g) SPECIAL RULE.—Entities receiving funds under 

2 this part shall comply with all existing Federal statutes 

3 that prohibit discrimination. 

4 ‘‘SEC. 5918. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘(a) IN GENERAL.—There are authorized to be ap6 propriated to carry out this part such sums as may be 

7 necessary for each of fiscal years 2016 through 2021. 

8 ‘‘(b) ALLOCATION.—Of the amounts appropriated to 

9 carry out this part for each fiscal year— 

10 ‘‘(1) 85 percent shall be for section 5914, and 

11 of the funds available for new grants awarded under 

12 such section after the date of enactment of the 

13 Every Child Achieves Act of 2015, not less than 10 

14 percent of such funds shall be made available for 

15 local educational agencies that satisfy the require16 ments of— 

17 ‘‘(A) subparagraph (A) or (B) of section 

18 6211(b)(1); or 

19 ‘‘(B) subparagraphs (A) and (B) of section 

20 6221(b)(1); 

21 ‘‘(2) 10 percent shall be for section 5915; and 

22 ‘‘(3) 5 percent shall be for subsections (a) and 

23 (b) of section 5917, of which not less than $500,000 

24 shall be for technical assistance under section 

25 5917(a).’’. 
737 

†S 1177 ES

1 SEC. 5012. PROMISE NEIGHBORHOODS. 

2 Title V (20 U.S.C. 7201 et seq.), as amended by sec3 tion 5001, is further amended by inserting after part I, 

4 as added by section 5010, the following: 

5 ‘‘PART L—PROMISE NEIGHBORHOODS 

6 ‘‘SEC. 5920. SHORT TITLE. 

7 ‘‘This part may be cited as the ‘Promise Neighbor8 hoods Act of 2015’. 

9 ‘‘SEC. 5921. PURPOSE. 

10 ‘‘The purpose of this part is to significantly improve 

11 the academic and developmental outcomes of children liv12 ing in our Nation’s most distressed communities, including 

13 ensuring school readiness, high school graduation, and col14 lege and career readiness for such children, and access to 

15 a community-based continuum of high-quality services. 

16 ‘‘SEC. 5922. PIPELINE SERVICES DEFINED. 

17 ‘‘In this part, the term ‘pipeline services’ means a 

18 continuum of supports and services for children from birth 

19 through college entry, college success, and career attain20 ment, including, at a minimum, strategies to address 

21 through services or programs (including integrated stu22 dent supports) the following: 

23 ‘‘(1) High-quality early learning opportunities. 

24 ‘‘(2) High-quality schools and out-of-school-time 

25 programs and strategies. 
738 

†S 1177 ES

1 ‘‘(3) Support for a child’s transition to elemen2 tary school, support for a child’s transition from ele3 mentary school to middle school, from middle school 

4 to high school, and from high school into and 

5 through college and into the workforce, including 

6 any comprehensive readiness assessment as deemed 

7 necessary. 

8 ‘‘(4) Family and community engagement. 

9 ‘‘(5) Family and student supports, which may 

10 be provided within the school building. 

11 ‘‘(6) Activities that support college and career 

12 readiness. 

13 ‘‘(7) Community-based support for students 

14 who have attended the schools in the pipeline, or 

15 students who are members of the community, facili16 tating their continued connection to the community 

17 and success in college and the workforce. 

18 ‘‘SEC. 5923. PROGRAM AUTHORIZED. 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) PROGRAM AUTHORIZED.—From amounts 

21 appropriated to carry out this part, the Secretary 

22 shall award grants, on a competitive basis, to eligible 

23 entities to implement a comprehensive, evidence24 based continuum of coordinated services that meet 

25 the purpose of this part by carrying out the activi-
739 

†S 1177 ES

1 ties in neighborhoods with high concentrations of 

2 low-income individuals and multiple signs of distress, 

3 which may include poverty, childhood obesity rates, 

4 academic failure, and rates of juvenile delinquency, 

5 adjudication, or incarceration, and persistently low6 achieving schools or schools with an achievement 

7 gap. 

8 ‘‘(2) SUFFICIENT SIZE AND SCOPE.—Each 

9 grant awarded under this part shall be of sufficient 

10 size and scope to allow the eligible entity to carry 

11 out the purpose of this part. 

12 ‘‘(b) DURATION.—A grant awarded under this part 

13 shall be for a period of not more than 5 years, and may 

14 be renewed for an additional period of not more than 5 

15 years. 

16 ‘‘(c) CONTINUED FUNDING.—Continued funding of a 

17 grant under this part, including a grant renewed under 

18 subsection (b), after the third year of the grant period 

19 shall be contingent on the eligible entity’s progress toward 

20 meeting the performance metrics described in section 

21 5918(a). 

22 ‘‘(d) MATCHING REQUIREMENT.— 

23 ‘‘(1) IN GENERAL.—Each eligible entity receiv24 ing a grant under this part shall contribute match25 ing funds in an amount equal to not less than 100 
740 

†S 1177 ES

1 percent of the amount of the grant. Such matching 

2 funds shall come from Federal, State, local, and pri3 vate sources. 

4 ‘‘(2) PRIVATE SOURCES.—The Secretary shall 

5 require that a portion of the matching funds come 

6 from private sources, which may include in-kind do7 nations. 

8 ‘‘(3) ADJUSTMENT.—The Secretary may adjust 

9 the matching funds requirement for applicants that 

10 demonstrate high need, including applicants from 

11 rural areas or applicant that wish to provide services 

12 on tribal lands. 

13 ‘‘(e) FINANCIAL HARDSHIP WAIVER.—The Secretary 

14 may waive or reduce, on a case-by-case basis, the matching 

15 requirement described in subsection (d), including the re16 quirement for funds for private sources for a period of 

17 1 year at a time, if the eligible entity demonstrates signifi18 cant financial hardship. 

19 ‘‘(f) RESERVATION FOR RURAL AREAS.—From the 

20 amounts appropriated to carry out this part for a fiscal 

21 year, the Secretary shall reserve not less than 20 percent 

22 for eligible entities that propose to carry out the activities 

23 described in section 5916 in rural areas. The Secretary 

24 shall reduce the amount described in the preceding sen25 tence if the Secretary does not receive a sufficient number 
741 

†S 1177 ES

1 of applications that are deserving of a grant under this 

2 part for such purpose. 

3 ‘‘SEC. 5924. ELIGIBLE ENTITIES. 

4 ‘‘In this part, the term ‘eligible entity’ means— 

5 ‘‘(1) an institution of higher education, as de6 fined in section 102 of the Higher Education Act of 

7 1965; 

8 ‘‘(2) an Indian tribe or tribal organization, as 

9 defined under section 4 of the Indian Self-Deter10 mination and Education Assistance Act (25 U.S.C. 

11 450b); or 

12 ‘‘(3) one or more nonprofit entities working in 

13 formal partnership with not less than 1 of the fol14 lowing entities: 

15 ‘‘(A) A high-need local educational agency. 

16 ‘‘(B) An institution of higher education, as 

17 defined in section 102 of the Higher Education 

18 Act of 1965. 

19 ‘‘(C) The office of a chief elected official of 

20 a unit of local government. 

21 ‘‘(D) An Indian tribe or tribal organiza22 tion, as defined under section 4 of the Indian 

23 Self-Determination and Education Assistance 

24 Act (25 U.S.C. 450b). 
742 

†S 1177 ES

1 ‘‘SEC. 5925. APPLICATION REQUIREMENTS. 

2 ‘‘(a) IN GENERAL.—An eligible entity desiring a 

3 grant under this part shall submit an application to the 

4 Secretary at such time, in such manner, and containing 

5 such information as the Secretary may require. 

6 ‘‘(b) CONTENTS OF APPLICATION.—At a minimum, 

7 an application described in subsection (a) shall include the 

8 following: 

9 ‘‘(1) A plan to significantly improve the aca10 demic outcomes of children living in a neighborhood 

11 that is served by the eligible entity, by providing 

12 pipeline services that address the needs of children 

13 in the neighborhood, as identified by the needs anal14 ysis described in paragraph (4), and supported by 

15 evidence-based practices. 

16 ‘‘(2) A description of the neighborhood that the 

17 eligible entity will serve. 

18 ‘‘(3) Measurable annual goals for the outcomes 

19 of the grant, including performance goals, in accord20 ance with the metrics described in section 5918(a), 

21 for each year of the grant. 

22 ‘‘(4) An analysis of the needs and assets, in23 cluding size and scope of population affected of the 

24 neighborhood identified in paragraph (1), includ25 ing— 
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†S 1177 ES

1 ‘‘(A) a description of the process through 

2 which the needs analysis was produced, includ3 ing a description of how parents, family, and 

4 community members were engaged in such 

5 analysis; 

6 ‘‘(B) an analysis of community assets and 

7 collaborative efforts, including programs already 

8 provided from Federal and non-Federal sources, 

9 within, or accessible to, the neighborhood, in10 cluding, at a minimum, early learning, family 

11 and student supports, local businesses, and in12 stitutions of higher education; 

13 ‘‘(C) the steps that the eligible entity is 

14 taking, at the time of the application, to ad15 dress the needs identified in the needs analysis; 

16 and 

17 ‘‘(D) any barriers the eligible entity, public 

18 agencies, and other community-based organiza19 tions have faced in meeting such needs. 

20 ‘‘(5) A description of all data that the entity 

21 used to identify the pipeline services to be provided 

22 and how the eligible entity will collect data on chil23 dren served by each pipeline service and increase the 

24 percentage of children served over time. 
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†S 1177 ES

1 ‘‘(6) A description of the process used to de2 velop the application, including the involvement of 

3 family and community members. 

4 ‘‘(7) A description of how the pipeline services 

5 will facilitate the coordination of the following activi6 ties: 

7 ‘‘(A) Providing high-quality early learning 

8 opportunities for children, including by pro9 viding opportunities for families and expectant 

10 parents to acquire the skills to promote early 

11 learning and child development, and ensuring 

12 appropriate screening, diagnostic assessments, 

13 and referrals for children with disabilities and 

14 developmental delays, consistent with the Indi15 viduals with Disabilities Education Act, where 

16 applicable. 

17 ‘‘(B) Supporting, enhancing, operating, or 

18 expanding rigorous and comprehensive evi19 dence-based education reforms, which may in20 clude high-quality academic programs, ex21 panded learning time, and programs and activi22 ties to prepare students for college admissions 

23 and success. 

24 ‘‘(C) Supporting partnerships between 

25 schools and other community resources with an 
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†S 1177 ES

1 integrated focus on academics and other social, 

2 health, and familial supports. 

3 ‘‘(D) Providing social, health, nutrition, 

4 and mental health services and supports, in5 cluding referrals for essential healthcare and 

6 preventative screenings, for children, family, 

7 and community members, which may include 

8 services provided within the school building. 

9 ‘‘(E) Supporting evidence-based programs 

10 that assist students through school transitions, 

11 which may include expanding access to college 

12 courses for and college enrollment aide or guid13 ance, and other supports for at-risk youth. 

14 ‘‘(8) A description of the strategies that will be 

15 used to provide pipeline services (including a de16 scription of which programs and services will be pro17 vided to children, family members, community mem18 bers, and children not attending schools or programs 

19 operated by the eligible entity or its partner pro20 viders) to support the purpose of this part. 

21 ‘‘(9) An explanation of the process the eligible 

22 entity will use to establish and maintain family and 

23 community engagement, including involving rep24 resentative participation by the members of such 

25 neighborhood in the planning and implementation of 
746 

†S 1177 ES

1 the activities of each grant awarded under this part, 

2 and the provision of strategies and practices to as3 sist family and community members in actively sup4 porting student achievement and child development, 

5 providing services for students, families, and com6 munities within the school building, and collabora7 tion with institutions of higher education, workforce 

8 development centers, and employers to align expecta9 tions and programming with college and career read10 iness. 

11 ‘‘(10) An explanation of how the eligible entity 

12 will continuously evaluate and improve the con13 tinuum of high-quality pipeline services to provide 

14 for continuous program improvement and potential 

15 expansion. 

16 ‘‘(11) An identification of the fiscal agent, 

17 which may be any entity described in section 5914 

18 (not including paragraph (2) of such section). 

19 ‘‘(c) MEMORANDUM OF UNDERSTANDING.—An eligi20 ble entity, as part of the application described in this sec21 tion, shall submit a preliminary memorandum of under22 standing, signed by each partner entity or agency. The 

23 preliminary memorandum of understanding shall describe, 

24 at a minimum— 
747 

†S 1177 ES

1 ‘‘(1) each partner’s financial and programmatic 

2 commitment with respect to the strategies described 

3 in the application, including an identification of the 

4 fiscal agent; 

5 ‘‘(2) each partner’s long-term commitment to 

6 providing pipeline services that, at a minimum, ac7 counts for the cost of supporting the continuum of 

8 supports and services (including a plan for how to 

9 support services and activities after grant funds are 

10 no longer available) and potential changes in local 

11 government; 

12 ‘‘(3) each partner’s mission and the plan that 

13 will govern the work that the partners do together; 

14 ‘‘(4) each partner’s long-term commitment to 

15 supporting the continuum of supports and services 

16 through data collection, monitoring, reporting, and 

17 sharing; and 

18 ‘‘(5) each partner’s commitment to ensure 

19 sound fiscal management and controls, including evi20 dence of a system of supports and personnel. 

21 ‘‘SEC. 5926. USE OF FUNDS. 

22 ‘‘(a) IN GENERAL.—Each eligible entity that receives 

23 a grant under this part shall use the grant funds to— 

24 ‘‘(1) support planning activities to develop and 

25 implement pipeline services; 
748 

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1 ‘‘(2) implement the pipeline services, as de2 scribed in the application under section 5915; and 

3 ‘‘(3) continuously evaluate the success of the 

4 program and improve the program based on data 

5 and outcomes. 

6 ‘‘(b) SPECIAL RULES.— 

7 ‘‘(1) FUNDS FOR PIPELINE SERVICES.—Each 

8 eligible entity that receives a grant under this part, 

9 for the first and second year of the grant, shall use 

10 not less than 50 percent of the grant funds to carry 

11 out the activities described in subsection (a)(1). 

12 ‘‘(2) OPERATIONAL FLEXIBILITY.—Each eligi13 ble entity that operates a school in a neighborhood 

14 served by a grant program under this part shall pro15 vide such school with the operational flexibility, in16 cluding autonomy over staff, time, and budget, need17 ed to effectively carry out the activities described in 

18 the application under section 5915. 

19 ‘‘(3) LIMITATION ON USE OF FUNDS FOR

20 EARLY CHILDHOOD EDUCATION PROGRAMS.—Funds 

21 under this part that are used to improve early child22 hood education programs shall not be used to carry 

23 out any of the following activities: 

24 ‘‘(A) Assessments that provide rewards or 

25 sanctions for individual children or teachers. 
749 

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1 ‘‘(B) A single assessment that is used as 

2 the primary or sole method for assessing pro3 gram effectiveness. 

4 ‘‘(C) Evaluating children, other than for 

5 the purposes of improving instruction, class6 room environment, professional development, or 

7 parent and family engagement, or program im8 provement. 

9 ‘‘SEC. 5927. REPORT AND PUBLICLY AVAILABLE DATA. 

10 ‘‘(a) REPORT.—Each eligible entity that receives a 

11 grant under this part shall prepare and submit an annual 

12 report to the Secretary, which shall include— 

13 ‘‘(1) information about the number and per14 centage of children in the neighborhood who are 

15 served by the grant program, including a description 

16 of the number and percentage of children accessing 

17 each support or service offered as part of the pipe18 line services; and 

19 ‘‘(2) information relating to the performance 

20 metrics described in section 5918(a); and 

21 ‘‘(b) PUBLICLY AVAILABLE DATA.—Each eligible en22 tity that receives a grant under this part shall make pub23 licly available, including through electronic means, the in24 formation described in subsection (a). To the extent prac25 ticable, such information shall be provided in a form and 
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†S 1177 ES

1 language accessible to parents and families in the neigh2 borhood, and such information shall be a part of statewide 

3 longitudinal data systems. 

4 ‘‘SEC. 5928. PERFORMANCE ACCOUNTABILITY AND EVALUA5 TION. 

6 ‘‘(a) PERFORMANCE METRICS.—Each eligible entity 

7 that receives a grant under this part shall collect data on 

8 performance indicators of pipeline services and family and 

9 student supports and report the results to the Secretary, 

10 who shall use the results as a consideration in continuing 

11 grants after the third year and in awarding grant renew12 als. The indicators shall address the entity’s progress to13 ward meeting the goals of this part to significantly im14 prove the academic and developmental outcomes of chil15 dren living in our Nation’s most distressed communities 

16 from birth through college and career entry, including en17 suring school readiness, high school graduation, and col18 lege and career readiness for such children, through the 

19 use of data-driven decision making and access to a com20 munity-based continuum of high-quality services, begin21 ning at birth. 

22 ‘‘(b) EVALUATION.—The Secretary shall evaluate the 

23 implementation and impact of the activities funded under 

24 this part, in accordance with section 9601. 
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1 ‘‘SEC. 5929. NATIONAL ACTIVITIES. 

2 ‘‘From the amounts appropriated to carry out this 

3 part for a fiscal year, in addition to the amounts that may 

4 be reserved in accordance with section 9601, the Secretary 

5 may reserve not more than 8 percent for national activi6 ties, which may include research, technical assistance, pro7 fessional development, dissemination of best practices, and 

8 other activities consistent with the purposes of this part. 

9 ‘‘SEC. 5930. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘There are authorized to be appropriated to carry out 

11 this part such sums as may be necessary for each of fiscal 

12 years 2016 through 2021.’’. 

13 TITLE VI—INNOVATION AND 

14 FLEXIBILITY 

15 SEC. 6001. PURPOSES. 

16 Title VI (20 U.S.C. 7301 et seq.) is amended by in17 serting before part A of title VI, the following: 

18 ‘‘SEC. 6001. PURPOSES. 

19 ‘‘The purposes of this title are— 

20 ‘‘(1) to support State and local innovation in 

21 preparing all students to meet challenging State aca22 demic standards under section 1111(b); 

23 ‘‘(2) to provide States and local educational 

24 agencies with maximum flexibility in using Federal 

25 funds provided under this Act; and 

26 ‘‘(3) to support education in rural areas.’’. 
752 

†S 1177 ES

1 SEC. 6002. IMPROVING ACADEMIC ACHIEVEMENT. 

2 Part A of title VI (20 U.S.C. 7301 et seq.) is amend3 ed— 

4 (1) by striking subparts 1 and 4; 

5 (2) by redesignating subpart 2 as subpart 1; 

6 (3) by redesignating sections 6121 through 

7 6123 as sections 6111 through 6113, respectively; 

8 (4) in section 6113, as redesignated by para9 graph (3)— 

10 (A) in subsection (a)— 

11 (i) in paragraph (1)— 

12 (I) in the matter preceding sub13 paragraph (A), by striking ‘‘not more 

14 than 50 percent of the nonadministra15 tive State funds’’ and inserting ‘‘all, 

16 or any lesser amount, of State funds’’; 

17 and 

18 (II) by striking subparagraphs 

19 (A) through (D) and inserting the fol20 lowing: 

21 ‘‘(A) Part A of title II. 

22 ‘‘(B) Part A of title IV. 

23 ‘‘(C) Part G of title V.’’; and 

24 (ii) in paragraph (2), by striking ‘‘and 

25 subject to the 50 percent limitation de26 scribed in paragraph (1)’’; and 
753 

†S 1177 ES

1 (B) in subsection (b)— 

2 (i) in paragraph (1)— 

3 (I) in subparagraph (A), by strik4 ing ‘‘(except’’ and all that follows 

5 through ‘‘subparagraph (C))’’ and in6 serting ‘‘may transfer all, or any less7 er amount, of the funds allocated to 

8 it’’; 

9 (II) by striking subparagraph 

10 (B); 

11 (III) by redesignating subpara12 graph (C) as subparagraph (B); and 

13 (IV) in subparagraph (B), as re14 designated by subclause (III), by 

15 striking ‘‘and subject to the percent16 age limitation described in subpara17 graph (A) or (B), as applicable’’; and 

18 (ii) in paragraph (2)— 

19 (I) by striking ‘‘subparagraph 

20 (A), (B), or (C)’’ and inserting ‘‘sub21 paragraph (A) or (B)’’; and 

22 (II) by striking subparagraphs 

23 (A) through (D) and inserting the fol24 lowing: 

25 ‘‘(A) Part A of title II. 
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1 ‘‘(B) Part A of title IV. 

2 ‘‘(C) Part G of title V.’’; and 

3 (5) by striking subpart 3 and inserting the fol4 lowing: 

5 ‘‘Subpart 2—Weighted Student Funding Flexibility 

6 Pilot Program 

7 ‘‘SEC. 6121. WEIGHTED STUDENT FUNDING FLEXIBILITY 

8 PILOT PROGRAM. 

9 ‘‘(a) PURPOSE.—The purpose of the pilot program 

10 under this section is to provide local educational agencies 

11 with flexibility to consolidate Federal, State, and local 

12 funding in order to create a single school funding system 

13 based on weighted per-pupil allocations for low-income and 

14 otherwise disadvantaged students. 

15 ‘‘(b) AUTHORITY.—The Secretary may, on a competi16 tive basis, enter into local flexibility demonstration agree17 ments— 

18 ‘‘(1) for not more than 2 years with local edu19 cational agencies that are selected under subsection 

20 (c) and submit proposed agreements that meet the 

21 requirements of subsection (d); and 

22 ‘‘(2) under which such agencies may consolidate 

23 and use funds in accordance with subsection (d) in 

24 order to develop and implement a school funding 
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†S 1177 ES

1 system based on weighted per-pupil allocations for 

2 low-income and otherwise disadvantaged students. 

3 ‘‘(c) SELECTION OF LOCAL EDUCATIONAL AGEN4 CIES.— 

5 ‘‘(1) IN GENERAL.—The Secretary may enter 

6 into local flexibility demonstration agreements with 

7 not more than 25 local educational agencies, reflect8 ing the size and geographic diversity of all such 

9 agencies nationwide to the maximum extent feasible. 

10 ‘‘(2) SELECTION.—Each local educational agen11 cy shall be selected on a competitive basis from 

12 among those local educational agencies that— 

13 ‘‘(A) submit a proposed local flexibility 

14 demonstration agreement under subsection (d) 

15 to the Secretary; 

16 ‘‘(B) demonstrate to the satisfaction of the 

17 Secretary that the agreement meets the require18 ments of subsection (d); and 

19 ‘‘(C) agree to meet the continued dem20 onstration requirements under subsection (e). 

21 ‘‘(d) REQUIRED TERMS OF LOCAL FLEXIBILITY

22 DEMONSTRATION AGREEMENT.— 

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

24 agency that desires to participate in the pilot pro25 gram under this section shall submit, at such time, 
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†S 1177 ES

1 in such form, and including such information as the 

2 Secretary may prescribe, an application to enter into 

3 a local flexibility demonstration agreement with the 

4 Secretary in order to develop and implement a 

5 school funding system based on weighted per-pupil 

6 allocations that meets the requirements of this sec7 tion, including— 

8 ‘‘(A) a description of the school funding 

9 system based on weighted per-pupil allocations, 

10 including how the system will meet the require11 ments under paragraph (2); 

12 ‘‘(B) a list of funding sources, including el13 igible Federal funds the local educational agen14 cy will include in such system; 

15 ‘‘(C) a description of the amount and per16 centage of total local educational agency fund17 ing, including State, local, and eligible Federal 

18 funds, that will be allocated through such sys19 tem; 

20 ‘‘(D) the per-pupil expenditures (including 

21 actual personnel expenditures, including staff 

22 salary differentials for years of employment, 

23 and actual nonpersonnel expenditures) of State 

24 and local funds for each school served by the 

25 agency for the preceding fiscal year; 
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†S 1177 ES

1 ‘‘(E) the per-pupil amount of eligible Fed2 eral funds each school served by the agency, 

3 disaggregated by program, received in the pre4 ceding fiscal year; 

5 ‘‘(F) a description of how the system will 

6 continue to ensure that any eligible Federal 

7 funds allocated through the system will con8 tinue to meet the purposes of each Federal 

9 funding stream, including serving students from 

10 low-income families, English learners, migratory 

11 children, and children who are neglected, delin12 quent, or at risk, as applicable; 

13 ‘‘(G) a description of how the local edu14 cational agency will develop and employ a 

15 weighted student funding system to support 

16 public elementary schools and secondary schools 

17 in order to improve the academic achievement 

18 of students, including low-income students, the 

19 lowest-achieving students, English learners, and 

20 students with disabilities; 

21 ‘‘(H) an assurance that the local edu22 cational agency developed and will implement 

23 the local flexibility demonstration agreement in 

24 consultation with teachers, principals, other 

25 school leaders, administrators of Federal pro-
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1 grams impacted by the agreement, parents, civil 

2 rights leaders, and other relevant stakeholders; 

3 ‘‘(I) an assurance that the local edu4 cational agency will use fiscal control and sound 

5 accountability procedures that ensure proper 

6 disbursement of, and accounting for, eligible 

7 Federal funds consolidated and used under such 

8 system; 

9 ‘‘(J) an assurance that the local edu10 cational agency will continue to meet the fiscal 

11 provisions in section 1117 and the requirements 

12 under section 9501; and 

13 ‘‘(K) an assurance that the local edu14 cational agency will meet the requirements of 

15 all applicable Federal civil rights laws in car16 rying out the agreement and in consolidating 

17 and using funds under the agreement. 

18 ‘‘(2) REQUIREMENTS OF SYSTEM.—A local edu19 cational agency’s school funding system based on 

20 weighted per-pupil allocations shall meet each of the 

21 following requirements: 

22 ‘‘(A) The system shall— 

23 ‘‘(i) allocate a significant portion of 

24 funds, including State, local, and eligible 

25 Federal funds, to the school level through 
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1 a formula that determines per-pupil 

2 weighted amounts based on individual stu3 dent characteristics; 

4 ‘‘(ii) use weights or allocation 

5 amounts that allocate substantially more 

6 funding to students from low-income fami7 lies and English learners than to other stu8 dents; and 

9 ‘‘(iii) demonstrate to the Secretary 

10 that each high-poverty school received at 

11 least as much total per-pupil funding, in12 cluding from Federal, State, and local 

13 sources, for low-income students and at 

14 least as much total per-pupil funding, in15 cluding from Federal, State, and local 

16 sources, for English learners as the school 

17 received in the year prior to carrying out 

18 the pilot program. 

19 ‘‘(B) The system shall be used to allocate 

20 a significant portion, including all school-level 

21 personnel expenditures for instructional staff 

22 and nonpersonnel expenditures, but not less 

23 than 65 percent, of all the local educational 

24 agency’s local and State funds to schools. 
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†S 1177 ES

1 ‘‘(C) After allocating funds through the 

2 school funding system, the local educational 

3 agency shall charge schools for the per-pupil ex4 penditures of Federal, State, and local funds, 

5 including actual personnel expenditures for in6 structional staff and actual nonpersonnel ex7 penditures. 

8 ‘‘(D) The system may include weights or 

9 allocation amounts according to other charac10 teristics. 

11 ‘‘(e) CONTINUED DEMONSTRATION.—Each local edu12 cational agency that is selected to participate in the pilot 

13 program under this section shall annually— 

14 ‘‘(1) demonstrate to the Secretary that no high15 poverty school served by the agency received less 

16 total per-pupil funding, including from Federal, 

17 State, and local sources, for low-income students or 

18 less total per-pupil funding, including from Federal, 

19 State, and local sources, for English learners than 

20 the school received in the previous year; 

21 ‘‘(2) make public and report to the Secretary 

22 the per-pupil expenditures (including actual per23 sonnel expenditures that include staff salary dif24 ferentials for years of employment, and actual non25 personnel expenditures) of State, local, and Federal 
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1 funds for each school served by the agency, and 

2 disaggregated by student poverty quartile and by mi3 nority student quartile for the preceding fiscal year; 

4 and 

5 ‘‘(3) make public the total number of students 

6 enrolled in each school served by the agency and the 

7 number of students enrolled in each such school 

8 disaggregated by each of the categories of students, 

9 as defined in section 1111(b)(3)(A). 

10 ‘‘(f) ELIGIBLE FEDERAL FUNDS.—In this section, 

11 the term ‘eligible Federal funds’ means funds received by 

12 a local educational agency under titles I, II, III, and IV 

13 of this Act. 

14 ‘‘(g) LIMITATIONS ON ADMINISTRATIVE EXPENDI15 TURES.—Each local educational agency that has entered 

16 into a local flexibility demonstration agreement with the 

17 Secretary under this section may use, for administrative 

18 purposes, from eligible Federal funds not more than the 

19 percentage of funds allowed for such purpose under any 

20 of titles I, II, III, or IV. 

21 ‘‘(h) PEER REVIEW.—The Secretary may establish a 

22 peer-review process to assist in the review of a proposed 

23 local flexibility demonstration agreement. 

24 ‘‘(i) NONCOMPLIANCE.—The Secretary may, after 

25 providing notice and an opportunity for a hearing (includ-
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1 ing the opportunity to provide information as provided for 

2 in subsection (j)), terminate a local flexibility demonstra3 tion agreement under this section if there is evidence that 

4 the local educational agency has failed to comply with the 

5 terms of the agreement and the requirements under sub6 sections (d) and (e). 

7 ‘‘(j) EVIDENCE.—If a local educational agency be8 lieves that the Secretary’s determination under subsection 

9 (i) is in error for statistical or other substantive reasons, 

10 the local educational agency may provide supporting evi11 dence to the Secretary, and the Secretary shall consider 

12 that evidence before making a final termination deter13 mination. 

14 ‘‘(k) PROGRAM EVALUATION.—From the amount re15 served for evaluation activities in section 9601, the Sec16 retary, acting through the Director of the Institute of 

17 Education Sciences, shall, in consultation with the rel18 evant program office at the Department, evaluate the im19 plementation and impact of the local flexibility demonstra20 tion agreements under this section, consistent with section 

21 9601 and specifically on improving the equitable distribu22 tion of State and local funding and increasing student 

23 achievement. 

24 ‘‘(l) RENEWAL OF LOCAL FLEXIBILITY DEMONSTRA25 TION AGREEMENT.—The Secretary may renew for addi-
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1 tional 3-year terms a local flexibility demonstration agree2 ment under this section if— 

3 ‘‘(1) the local educational agency has met the 

4 requirements under subsections (d)(2) and (e) and 

5 agrees to and has a high likelihood of continuing to 

6 meet such requirements; and 

7 ‘‘(2) the Secretary determines that renewing 

8 the local flexibility demonstration agreement is in 

9 the interest of students served under titles I and III, 

10 including students from low-income families, English 

11 learners, migratory children, and children who are 

12 neglected, delinquent, or at risk. 

13 ‘‘(m) DEFINITION OF HIGH-POVERTY SCHOOL.—In 

14 this section, the term ‘high-poverty school’ means a school 

15 that is in the highest 2 quartiles of schools served by a 

16 local educational agency, based on the percentage of en17 rolled students from low-income families.’’. 

18 SEC. 6003. RURAL EDUCATION INITIATIVE. 

19 Part B of title VI (20 U.S.C. 7341 et seq.) is amend20 ed— 

21 (1) in section 6211— 

22 (A) in subsection (a)(1), by striking sub23 paragraphs (A) through (E) and inserting the 

24 following: 

25 ‘‘(A) Part A of title I. 
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1 ‘‘(B) Part A of title II. 

2 ‘‘(C) Title III. 

3 ‘‘(D) Part A or B of title IV. 

4 ‘‘(E) Part G of title V.’’; 

5 (B) in subsection (b)(1)— 

6 (i) in subparagraph (A)(ii), by strik7 ing ‘‘7 or 8, as determined by the Sec8 retary; or’’ and inserting ‘‘41, 42, or 43, as 

9 determined by the Secretary;’’; 

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

11 the period at the end and inserting ‘‘; or’’; 

12 and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(C) the local educational agency is a 

16 member of an educational service agency that 

17 does not receive funds under this subpart and 

18 the local educational agency meets the require19 ments of this part.’’; and 

20 (C) in subsection (c), by striking para21 graphs (1) through (3) and inserting the fol22 lowing: 

23 ‘‘(1) Part A of title II. 

24 ‘‘(2) Part A of title IV. 

25 ‘‘(3) Part G of Title V.’’; 
765 

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1 (2) in section 6212— 

2 (A) in subsection (a), by striking para3 graphs (1) through (5) and inserting the fol4 lowing: 

5 ‘‘(1) Part A of title I. 

6 ‘‘(2) Part A of title II. 

7 ‘‘(3) Title III. 

8 ‘‘(4) Part A or B of title IV. 

9 ‘‘(5) Part G of title V.’’; 

10 (B) in subsection (b)— 

11 (i) by striking paragraph (1) and in12 serting the following: 

13 ‘‘(1) ALLOCATION.— 

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

15 paragraphs (3) and (4), the Secretary shall 

16 award a grant under subsection (a) to a local 

17 educational agency eligible under section 

18 6211(b) for a fiscal year in an amount equal to 

19 the initial amount determined under paragraph 

20 (2) for the fiscal year minus the total amount 

21 received by the agency under the provisions of 

22 law described in section 6211(c) for the pre23 ceding fiscal year. 

24 ‘‘(B) SPECIAL DETERMINATION.—For a 

25 local educational agency that is eligible under 
766 

†S 1177 ES

1 section 6211 and is a member of an educational 

2 service agency, the Secretary may determine the 

3 award amount by subtracting from the initial 

4 amount determined under paragraph (2), an 

5 amount that is equal to that local educational 

6 agency’s per-pupil share of the total amount re7 ceived by the educational service agency under 

8 titles II and IV, as long as a determination 

9 under this subparagraph would not dispropor10 tionately affect any State.’’; 

11 (ii) by striking paragraph (2) and in12 serting the following: 

13 ‘‘(2) DETERMINATION OF INITIAL AMOUNT.— 

14 ‘‘(A) IN GENERAL.—The initial amount re15 ferred to in paragraph (1) is equal to $100 

16 multiplied by the total number of students in 

17 excess of 50 students, in average daily attend18 ance at the schools served by the local edu19 cational agency, plus $20,000, except that the 

20 initial amount may not exceed $60,000. 

21 ‘‘(B) SPECIAL RULE.—For any fiscal year 

22 for which the amount made available to carry 

23 out this part is $252,000,000 or more, subpara24 graph (A) shall be applied— 
767 

†S 1177 ES

1 ‘‘(i) by substituting ‘$25,000’ for 

2 ‘$20,000’; and 

3 ‘‘(ii) by substituting ‘$80,000’ for 

4 ‘$60,000’.’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(4) HOLD HARMLESS.—For a local edu8 cational agency that is not eligible under this sub9 part but met the eligibility requirements under sec10 tion 6211(b) as such section was in effect on the day 

11 before the date of enactment of the Every Child 

12 Achieves Act of 2015, the agency shall receive— 

13 ‘‘(A) for fiscal year 2016, 75 percent of 

14 the amount such agency received for fiscal year 

15 2015; 

16 ‘‘(B) for fiscal year 2017, 50 percent of 

17 the amount such agency received for fiscal year 

18 2015; and 

19 ‘‘(C) for fiscal year 2018, 25 percent of 

20 the amount such agency received for fiscal year 

21 2015.’’; and 

22 (C) by striking subsection (d); 

23 (3) by striking section 6213 and inserting the 

24 following: 
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1 ‘‘SEC. 6213. ACADEMIC ACHIEVEMENT ASSESSMENTS. 

2 ‘‘Each local educational agency that uses or receives 

3 funds under this subpart for a fiscal year shall administer 

4 an assessment that is consistent with section 

5 1111(b)(2).’’; 

6 (4) in section 6221— 

7 (A) in subsection (b)(1)(B), by striking ‘‘6, 

8 7, or 8’’ and inserting ‘‘32, 33, 41, 42, or 43’’; 

9 and 

10 (B) in subsection (c)(1), by striking ‘‘Bu11 reau of Indian Affairs’’ and inserting ‘‘Bureau 

12 of Indian Education’’; 

13 (5) in section 6222(a), by striking paragraphs 

14 (1) through (7) and inserting the following: 

15 ‘‘(1) Activities authorized under part A of title 

16 I. 

17 ‘‘(2) Activities authorized under part A of title 

18 II. 

19 ‘‘(3) Activities authorized under title III. 

20 ‘‘(4) Activities authorized under part A of title 

21 IV. 

22 ‘‘(5) Parental involvement activities. 

23 ‘‘(6) Activities authorized under part G of title 

24 V.’’; 

25 (6) in section 6223— 
769 

†S 1177 ES

1 (A) in subsection (a), by striking ‘‘at such 

2 time, in such manner, and accompanied by such 

3 information’’ and inserting ‘‘at such time and 

4 in such manner’’; and 

5 (B) by striking subsection (b) and insert6 ing the following: 

7 ‘‘(b) CONTENTS.—Each application submitted under 

8 subsection (a) shall include information on— 

9 ‘‘(1) program objectives and outcomes for ac10 tivities under this subpart, including how the State 

11 educational agency or specially qualified agency will 

12 use funds to help all students meet the challenging 

13 State academic standards under section 1111(b); 

14 ‘‘(2) if the State educational agency or specially 

15 qualified agency will competitively award grants to 

16 eligible local educational agencies, as described in 

17 section 6221(b)(2)(A), the application under the sec18 tion shall include— 

19 ‘‘(A) the methods and criteria the State 

20 educational agency or specially qualified agency 

21 will use for reviewing applications and awarding 

22 funds to local educational agencies on a com23 petitive basis; and 

24 ‘‘(B) how the State educational agency or 

25 specially qualified agency will notify eligible 
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1 local educational agencies of the grant competi2 tion; and 

3 ‘‘(3) a description of how the State educational 

4 agency or specially qualified agency will provide 

5 technical assistance to eligible local educational 

6 agencies to help such agencies implement the activi7 ties described in section 6222.’’; 

8 (7) in section 6224— 

9 (A) in subsection (a)— 

10 (i) in the matter preceding paragraph 

11 (1), by inserting ‘‘or specially qualified 

12 agency’’ after ‘‘Each State educational 

13 agency’’; 

14 (ii) by striking paragraph (1) and in15 serting the following: 

16 ‘‘(1) if the report is submitted by a State edu17 cational agency, the method the State educational 

18 agency used to award grants to eligible local edu19 cational agencies, and to provide assistance to 

20 schools, under this subpart;’’; and 

21 (iii) by striking paragraph (3) and in22 serting the following: 

23 ‘‘(3) the degree to which progress has been 

24 made toward meeting the objectives and outcomes 

25 described in the application submitted under section 
771 

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1 6223, including having all students in the State or 

2 the area served by the specially qualified agency, as 

3 applicable, meet the challenging State academic 

4 standards under section 1111(b).’’; 

5 (B) by striking subsection (b) and (c) and 

6 inserting the following: 

7 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall 

8 prepare a summary of the reports under subsection (a) 

9 and submit a biennial report to the Committee on Health, 

10 Education, Labor, and Pensions of the Senate and the 

11 Committee on Education and the Workforce of the House 

12 of Representatives.’’; 

13 (C) by redesignating subsection (d) as sub14 section (c); 

15 (D) in subsection (c), as redesignated by 

16 subparagraph (C), by striking ‘‘assessment that 

17 is consistent with section 1111(b)(3)’’ and in18 serting ‘‘assessment that is consistent with sec19 tion 1111(b)(2)’’; and 

20 (E) by striking subsection (e); 

21 (8) by inserting after section 6224 the fol22 lowing: 

23 ‘‘SEC. 6225. CHOICE OF PARTICIPATION. 

24 ‘‘(a) IN GENERAL.—If a local educational agency is 

25 eligible for funding under both subparts 1 and 2 of this 
772 

†S 1177 ES

1 part, such local educational agency may receive funds 

2 under either subpart 1 or subpart 2 for a fiscal year, but 

3 may not receive funds under both subparts for such fiscal 

4 year. 

5 ‘‘(b) NOTIFICATION.—A local educational agency eli6 gible for funding under both subparts 1 and 2 of this part 

7 shall notify the Secretary and the State educational agen8 cy under which of such subparts the local educational 

9 agency intends to receive funds for a fiscal year by a date 

10 that is established by the Secretary for the notification.’’; 

11 and 

12 (9) in section 6234, by striking ‘‘$300,000,000 

13 for fiscal year 2002 and such sums as may be nec14 essary for each of the 5 succeeding fiscal years,’’ 

15 and inserting ‘‘such sums as may be necessary for 

16 each of the fiscal years 2016 through 2021,’’. 

17 SEC. 6004. GENERAL PROVISIONS. 

18 Part C of title VI (20 U.S.C. 7371) is amended to 

19 read as follows: 

20 ‘‘PART C—GENERAL PROVISIONS 

21 ‘‘SEC. 6301. PROHIBITION AGAINST FEDERAL MANDATES, 

22 DIRECTION, OR CONTROL. 

23 ‘‘Nothing in this title shall be construed to authorize 

24 an officer or employee of the Federal Government to man25 date, direct, or control a State, local educational agency, 
773 

†S 1177 ES

1 or school’s specific instructional content, academic stand2 ards and assessments, curriculum, or program of instruc3 tion, as a condition of eligibility to receive funds under 

4 this Act. 

5 ‘‘SEC. 6302. RULE OF CONSTRUCTION ON EQUALIZED 

6 SPENDING. 

7 ‘‘Nothing in this title shall be construed to mandate 

8 equalized spending per pupil for a State, local educational 

9 agency, or school.’’. 

10 SEC. 6005. REVIEW RELATING TO RURAL LOCAL EDU11 CATIONAL AGENCIES. 

12 (a) REVIEW AND REPORT.—Not later than 18 

13 months after the date of enactment of this Act, the Sec14 retary of Education shall— 

15 (1) review the organization, structure, and 

16 process and procedures of the Department of Edu17 cation for administering its programs and developing 

18 policy and regulations, in order to— 

19 (A) assess the methods and manner 

20 through which, and the extent to which, the De21 partment of Education takes into account, con22 siders input from, and addresses the unique 

23 needs and characteristics of rural schools and 

24 rural local educational agencies; and 
774 

†S 1177 ES

1 (B) determine actions that the Department 

2 of Education can take to meaningfully increase 

3 the consideration and participation of rural 

4 schools and rural local educational agencies in 

5 the development and execution of the processes, 

6 procedures, policies, and regulations of the De7 partment of Education; 

8 (2) make public a preliminary report containing 

9 the information described under paragraph (1) and 

10 provide Congress and the public with 60 days to 

11 comment on the proposed actions under paragraph 

12 (1)(B); and 

13 (3) taking into account comments submitted 

14 under paragraph (2), issue a final report to the 

15 Committee on Health, Education, Labor, and Pen16 sions of the Senate, which shall describe the final ac17 tions developed pursuant to paragraph (1)(B). 

18 (b) IMPLEMENTATION.—Not later than 2 years after 

19 the date of enactment of this Act, the Secretary of Edu20 cation shall— 

21 (1) implement each action described in the re22 port under subsection (a)(3); or 

23 (2) provide a written explanation to the Com24 mittee on Health, Education, Labor, and Pensions 

25 of the Senate and the Committee on Education and 
775 

†S 1177 ES

1 the Workforce of the House of Representatives of 

2 why the action was not carried out. 

3 TITLE VII—INDIAN, NATIVE HA4 WAIIAN, AND ALASKA NATIVE 

5 EDUCATION 

6 SEC. 7001. INDIAN EDUCATION. 

7 Part A of title VII (20 U.S.C. 7401 et seq.) is amend8 ed— 

9 (1) by striking section 7102 and inserting the 

10 following: 

11 ‘‘SEC. 7102. PURPOSE. 

12 ‘‘It is the purpose of this part to support the efforts 

13 of local educational agencies, Indian tribes and organiza14 tions, postsecondary institutions, and other entities— 

15 ‘‘(1) to ensure the academic achievement of 

16 American Indian and Alaska Native students by 

17 meeting their unique cultural, language, and edu18 cational needs, consistent with section 1111; 

19 ‘‘(2) to ensure that American Indian and Alas20 ka Native students gain knowledge and under21 standing of Native communities, languages, tribal 

22 histories, traditions, and cultures; and 

23 ‘‘(3) to ensure that teachers, principals, other 

24 school leaders, and other staff who serve American 

25 Indian and Alaska Native students have the ability 
776 

†S 1177 ES

1 to provide effective instruction and supports to such 

2 students.’’; 

3 (2) by striking section 7111 and inserting the 

4 following: 

5 ‘‘SEC. 7111. PURPOSE. 

6 ‘‘It is the purpose of this subpart to support local 

7 educational agencies in developing elementary school and 

8 secondary school programs for American Indian and Alas9 ka Native students that are designed to— 

10 ‘‘(1) meet the unique cultural, language, and 

11 educational needs of such students; and 

12 ‘‘(2) ensure that all students meet the chal13 lenging State academic standards adopted under sec14 tion 1111(b).’’; 

15 (3) in section 7112— 

16 (A) by striking subsection (a) and insert17 ing the following: 

18 ‘‘(a) IN GENERAL.—The Secretary may make grants, 

19 from allocations made under section 7113, and in accord20 ance with this section and section 7113, to— 

21 ‘‘(1) local educational agencies; 

22 ‘‘(2) Indian tribes; and 

23 ‘‘(3) consortia of 2 or more local educational 

24 agencies, Indian tribes, Indian organizations, or In25 dian community-based organizations, provided that 
777 

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1 each local educational agency participating in such a 

2 consortium— 

3 ‘‘(A) provides an assurance that the eligi4 ble Indian children served by such local edu5 cational agency receive the services of the pro6 grams funded under this subpart; and 

7 ‘‘(B) is subject to all the requirements, as8 surances, and obligations applicable to local 

9 educational agencies under this subpart.’’; 

10 (B) in subsection (b)— 

11 (i) in paragraph (1), by striking ‘‘A 

12 local educational agency shall’’ and insert13 ing ‘‘Subject to paragraph (2), a local edu14 cational agency shall’’; 

15 (ii) by redesignating paragraph (2) as 

16 paragraph (3); and 

17 (iii) by inserting after paragraph (1) 

18 the following: 

19 ‘‘(2) COOPERATIVE AGREEMENTS.—A local edu20 cational agency may enter into a cooperative agree21 ment with an Indian tribe under this subpart if such 

22 Indian tribe— 

23 ‘‘(A) represents not less than 25 percent of 

24 the eligible Indian children who are served by 

25 such local educational agency; and 
778 

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1 ‘‘(B) requests that the local educational 

2 agency enter into a cooperative agreement 

3 under this subpart.’’; and 

4 (C) by striking subsection (c) and inserting 

5 the following: 

6 ‘‘(c) INDIAN TRIBES AND INDIAN ORGANIZATIONS.— 

7 ‘‘(1) IN GENERAL.—If a local educational agen8 cy that is otherwise eligible for a grant under this 

9 subpart does not establish a committee under section 

10 7114(c)(4) for such grant, an Indian tribe, an In11 dian organization, or a consortium of such entities, 

12 that represents more than one-half of the eligible In13 dian children who are served by such local edu14 cational agency may apply for such grant. 

15 ‘‘(2) UNAFFILIATED INDIAN TRIBES.—An In16 dian tribe that operates a public school and that is 

17 not affiliated with either a local educational agency 

18 or the Bureau of Indian Education shall be eligible 

19 to apply for a grant under this subpart. 

20 ‘‘(3) SPECIAL RULE.— 

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

22 treat each Indian tribe, Indian organization, or 

23 consortium of such entities applying for a grant 

24 pursuant to paragraph (1) or (2) as if such 

25 tribe, Indian organization, or consortium were a 
779 

†S 1177 ES

1 local educational agency for purposes of this 

2 subpart. 

3 ‘‘(B) EXCEPTIONS.—Notwithstanding sub4 paragraph (A), such Indian tribe, Indian orga5 nization, or consortium shall not be subject to 

6 the requirements of subsections (b)(7) or (c)(4) 

7 of section 7114 or section 7118(c) or 7119. 

8 ‘‘(4) ASSURANCE TO SERVE ALL INDIAN CHIL9 DREN.—An Indian tribe, Indian organization, or 

10 consortium of such entities that is eligible to apply 

11 for a grant under paragraph (1) shall include, in the 

12 application required under section 7114, an assur13 ance that the entity will use the grant funds to pro14 vide services to all Indian students served by the 

15 local educational agency. 

16 ‘‘(d) INDIAN COMMUNITY-BASED ORGANIZATION.— 

17 ‘‘(1) IN GENERAL.—If no local educational 

18 agency pursuant to subsection (b), and no Indian 

19 tribe, Indian organization, or consortium pursuant 

20 to subsection (c), applies for a grant under this sub21 part, an Indian community-based organization serv22 ing the community of the local educational agency 

23 may apply for such grant. 

24 ‘‘(2) APPLICABILITY OF SPECIAL RULE.—The 

25 Secretary shall apply the special rule in subsection 
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1 (c)(3) to an Indian community-based organization 

2 applying or receiving a grant under paragraph (1) in 

3 the same manner as such rule applies to an Indian 

4 tribe, Indian organization, or consortium. 

5 ‘‘(3) DEFINITION OF INDIAN COMMUNITY6 BASED ORGANIZATION.—In this subsection, the term 

7 ‘Indian community-based organization’ means any 

8 organization that— 

9 ‘‘(A) is composed primarily of Indian par10 ents and community members, tribal govern11 ment education officials, and tribal members 

12 from a specific community; 

13 ‘‘(B) assists in the social, cultural, and 

14 educational development of Indians in such 

15 community; 

16 ‘‘(C) meets the unique cultural, language, 

17 and academic needs of Indian students; and 

18 ‘‘(D) demonstrates organizational capacity 

19 to manage the grant. 

20 ‘‘(e) CONSORTIA.— 

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

22 Indian tribe, or Indian organization that meets the 

23 eligibility requirements under this section may form 

24 a consortium with other eligible local educational 

25 agencies, Indian tribes, or Indian organizations for 
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1 the purpose of obtaining grants and operating pro2 grams under this subpart. 

3 ‘‘(2) REQUIREMENTS.—In any case where 2 or 

4 more local educational agencies, Indian tribes, or In5 dian organizations that are eligible under subsection 

6 (b) form or participate in a consortium to obtain a 

7 grant, or operate a program, under this subpart, 

8 each local educational agency, Indian tribe, and In9 dian organization participating in such a consortium 

10 shall— 

11 ‘‘(A) provide, in the application submitted 

12 under section 7114, an assurance that the eligi13 ble Indian children served by such local edu14 cational agency, Indian tribe, and Indian orga15 nization will receive the services of the pro16 grams funded under this subpart; and 

17 ‘‘(B) agree to be subject to all require18 ments, assurances, and obligations applicable to 

19 a local educational agency, Indian tribe, and In20 dian organization receiving a grant under this 

21 subpart.’’; 

22 (4) in section 7113— 

23 (A) in subsection (b)(1), by striking ‘‘Bu24 reau of Indian Affairs’’ and inserting ‘‘Bureau 

25 of Indian Education’’; and 
782 

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1 (B) in subsection (d)— 

2 (i) in the subsection heading, by strik3 ing ‘‘INDIAN AFFAIRS’’ and inserting ‘‘IN4 DIAN EDUCATION’’; and 

5 (ii) in paragraph (1)(A)(i), by striking 

6 ‘‘Bureau of Indian Affairs’’ and inserting 

7 ‘‘Bureau of Indian Education’’; 

8 (5) in section 7114— 

9 (A) in subsection (a), by inserting ‘‘Indian 

10 tribe, or consortia as described in section 

11 7113(b)(2)’’ after ‘‘Each local educational 

12 agency,’’; 

13 (B) in subsection (b)— 

14 (i) in paragraph (2)— 

15 (I) in subparagraph (A), by strik16 ing ‘‘is consistent with the State and 

17 local plans’’ and inserting ‘‘supports 

18 the State, tribal, and local plans’’; and 

19 (II) by striking subparagraph (B) 

20 and inserting the following: 

21 ‘‘(B) includes program objectives and out22 comes for activities under this subpart that are 

23 based on the same challenging State academic 

24 standards developed by the State under title I 

25 for all students;’’; 
783 

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1 (ii) by striking paragraph (3) and in2 serting the following: 

3 ‘‘(3) explains how the local educational agency, 

4 tribe, or consortium will use funds made available 

5 under this subpart to supplement other Federal, 

6 State, and local programs that meet the needs of 

7 such students;’’; 

8 (iii) in paragraph (5)(B), by striking 

9 ‘‘and’’ after the semicolon; 

10 (iv) in paragraph (6)— 

11 (I) in subparagraph (B)— 

12 (aa) in clause (i), by striking 

13 ‘‘and’’ after the semicolon; and 

14 (bb) by adding at the end 

15 the following: 

16 ‘‘(iii) the Indian tribes whose children 

17 are served by the local educational agency, 

18 consistent with section 444 of the General 

19 Education Provisions Act (20 U.S.C. 

20 1232g) (commonly referred to as the 

21 ‘Family Educational Rights and Privacy 

22 Act of 1974’); and’’; and 

23 (II) in subparagraph (C), by 

24 striking the period at the end and in25 serting ‘‘; and’’; and 
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1 (v) by adding at the end the following: 

2 ‘‘(7) describes the process the local educational 

3 agency used to collaborate with Indian tribes located 

4 in the community in the development of the com5 prehensive programs and the actions taken as a re6 sult of such collaboration.’’; 

7 (C) in subsection (c)— 

8 (i) in paragraph (1), by striking ‘‘the 

9 education of Indian children,’’ and insert10 ing ‘‘services and activities consistent with 

11 those described in this subpart,’’; 

12 (ii) in paragraph (2)— 

13 (I) in subparagraph (A), by strik14 ing ‘‘and’’ after the semicolon; 

15 (II) in subparagraph (B), by 

16 striking ‘‘served by such agency;’’ and 

17 inserting ‘‘served by such agency, and 

18 meet program objectives and outcomes 

19 for activities under this subpart; 

20 and’’; and 

21 (III) by adding at the end the 

22 following: 

23 ‘‘(C) determine the extent to which such 

24 activities address the unique cultural, language, 

25 and educational needs of Indian students;’’; 
785 

†S 1177 ES

1 (iii) in paragraph (3)(C)— 

2 (I) by inserting ‘‘representatives 

3 of Indian tribes on Indian lands lo4 cated within 50 miles of any school 

5 that the agency will serve if such tribe 

6 has any children in such school,’’ after 

7 ‘‘parents of Indian children and teach8 ers,’’; and 

9 (II) by striking ‘‘and’’ after the 

10 semicolon; 

11 (iv) in paragraph (4)— 

12 (I) in subparagraph (A)— 

13 (aa) in clause (i), by insert14 ing ‘‘and family members’’ after 

15 ‘‘parents’’; 

16 (bb) by redesignating 

17 clauses (ii) and (iii) as clauses 

18 (iii) and (iv), respectively; and 

19 (cc) by inserting after clause 

20 (i) the following: 

21 ‘‘(ii) representatives of Indian tribes 

22 on Indian lands located within 50 miles of 

23 any school that the agency will serve if 

24 such tribe has any children in such 

25 school;’’; 
786 

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1 (II) by striking subparagraph (B) 

2 and inserting the following: 

3 ‘‘(B) a majority of whose members are 

4 parents and family members of Indian children 

5 and representatives of Indian tribes described 

6 in subparagraph (A)(ii), as applicable;’’; 

7 (III) in subparagraph (C), by in8 serting ‘‘and family members’’ after ‘‘, 

9 parents’’; 

10 (IV) in subparagraph (D)(ii), by 

11 striking ‘‘and’’ after the semicolon; 

12 (V) in subparagraph (E), by 

13 striking the period at the end and in14 serting ‘‘; and’’; and 

15 (VI) by adding at the end the fol16 lowing: 

17 ‘‘(F) that will determine the extent to 

18 which the activities of the local educational 

19 agency will address the unique cultural, lin20 guistic, and educational needs of Indian stu21 dents;’’; and 

22 (v) by adding at the end the following: 

23 ‘‘(5) the local educational agency will coordinate 

24 activities under this title with other Federal pro-
787 

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1 grams supporting educational and related services 

2 administered by such agency; 

3 ‘‘(6) the local educational agency conducted 

4 outreach to parents and family members to meet the 

5 requirements under this paragraph; and 

6 ‘‘(7) the local educational agency will use funds 

7 received under this subpart only for activities de8 scribed and authorized in this subpart.’’; and 

9 (D) by adding at the end the following: 

10 ‘‘(d) OUTREACH.—The Secretary shall monitor the 

11 applications for grants under this subpart to identify eligi12 ble local educational agencies and schools operated by the 

13 Bureau of Indian Education that have not applied for such 

14 grants, and shall undertake appropriate outreach activities 

15 to encourage and assist eligible entities to submit applica16 tions for such grants. 

17 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall, 

18 directly or by contract, provide technical assistance to a 

19 local educational agency or Bureau of Indian Education 

20 school upon request (in addition to any technical assist21 ance available under other provisions of this Act or avail22 able through the Institute of Education Sciences) to sup23 port the services and activities provided under this sub24 part, including technical assistance for— 
788 

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1 ‘‘(1) the development of applications under this 

2 subpart; 

3 ‘‘(2) improvement in the quality of implementa4 tion, content, and evaluation of activities supported 

5 under this subpart; and 

6 ‘‘(3) integration of activities under this subpart 

7 with other educational activities carried out by the 

8 local educational agency.’’; 

9 (6) in section 7115— 

10 (A) in subsection (a)— 

11 (i) in paragraph (1), by inserting 

12 ‘‘solely for the services and activities de13 scribed in such application’’ after ‘‘under 

14 section 7114(a)’’; and 

15 (ii) in paragraph (2), by inserting ‘‘to 

16 be responsive to the unique learning styles 

17 of Indian and Alaska Native children’’ 

18 after ‘‘Indian students’’; 

19 (B) by striking subsection (b) and insert20 ing the following: 

21 ‘‘(b) PARTICULAR ACTIVITIES.—The services and ac22 tivities referred to in subsection (a) may include— 

23 ‘‘(1) activities that support Native American 

24 language programs and Native American language 
789 

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1 restoration programs, which may be taught by tradi2 tional leaders; 

3 ‘‘(2) culturally related activities that support 

4 the program described in the application submitted 

5 by the local educational agency; 

6 ‘‘(3) high-quality early childhood and family 

7 programs that emphasize school readiness; 

8 ‘‘(4) enrichment programs that focus on prob9 lem solving and cognitive skills development and di10 rectly support the attainment of challenging State 

11 academic standards described in 1111(b); 

12 ‘‘(5) integrated educational services in combina13 tion with other programs that meet the needs of In14 dian children and their families, including programs 

15 that promote parental involvement in school activi16 ties and increase student achievement; 

17 ‘‘(6) career preparation activities to enable In18 dian students to participate in programs such as the 

19 programs supported by the Carl D. Perkins Career 

20 and Technical Education Act of 2006, including pro21 grams for tech-prep education, mentoring, and ap22 prenticeship; 

23 ‘‘(7) activities to educate individuals so as to 

24 prevent violence, suicide, and substance abuse; 
790 

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1 ‘‘(8) the acquisition of equipment, but only if 

2 the acquisition of the equipment is essential to 

3 achieve the purpose described in section 7111; 

4 ‘‘(9) activities that promote the incorporation of 

5 culturally responsive teaching and learning strategies 

6 into the educational program of the local educational 

7 agency; 

8 ‘‘(10) family literacy services; 

9 ‘‘(11) activities that recognize and support the 

10 unique cultural and educational needs of Indian chil11 dren, and incorporate appropriately qualified tribal 

12 elders and seniors; and 

13 ‘‘(12) dropout prevention strategies and strate14 gies to— 

15 ‘‘(A) meet the educational needs of at-risk 

16 Indian students in correctional facilities; and 

17 ‘‘(B) support Indian students who are 

18 transitioning from such facilities to schools 

19 served by local educational agencies.’’; 

20 (C) in subsection (c)— 

21 (i) in paragraph (1), by striking 

22 ‘‘and’’ after the semicolon; 

23 (ii) in paragraph (2), by striking the 

24 period and inserting ‘‘; and’’; and 
791 

†S 1177 ES

1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(3) the local educational agency identifies in 

4 its application how the use of such funds in a 

5 schoolwide program will provide benefits to Indian 

6 students.’’; and 

7 (D) by adding at the end the following: 

8 ‘‘(e) LIMITATION ON USE OF FUNDS.—Funds pro9 vided to a grantee under this subpart may not be used 

10 for long-distance travel expenses for training activities 

11 available locally or regionally.’’; 

12 (7) in section 7116— 

13 (A) in subsection (g)— 

14 (i) by striking ‘‘No Child Left Behind 

15 Act of 2001’’ and inserting ‘‘Every Child 

16 Achieves Act of 2015’’; 

17 (ii) by inserting ‘‘the Secretary of 

18 Health and Human Services,’’ after ‘‘the 

19 Secretary of the Interior,’’; and 

20 (iii) by inserting ‘‘and coordination’’ 

21 after ‘‘providing for the implementation’’; 

22 and 

23 (B) in subsection (o)— 

24 (i) in paragraph (1), by striking ‘‘Not 

25 later than 2 years after the date of enact-
792 

†S 1177 ES

1 ment of the No Child Left Behind Act of 

2 2001,’’ and inserting ‘‘Not later than 2 

3 years after date of enactment of the Every 

4 Child Achieves Act of 2015, and every 5 

5 years thereafter,’’; and 

6 (ii) by striking paragraph (2) and in7 serting the following: 

8 ‘‘(2) CONTENTS.—The report required under 

9 paragraph (1) shall identify— 

10 ‘‘(A) any statutory barriers to the ability 

11 of participants to more effectively integrate 

12 their education and related services to Indian 

13 students in a manner consistent with the objec14 tives of this section; and 

15 ‘‘(B) the effective practices for program in16 tegration that result in increased student 

17 achievement, graduation rates, and other rel18 evant outcomes for Indian students.’’; 

19 (8) in section 7117— 

20 (A) in subsection (b)(1)— 

21 (i) in subparagraph (A)(ii), by insert22 ing ‘‘or membership’’ after ‘‘the enroll23 ment’’; and 

24 (ii) in subparagraph (B), by inserting 

25 ‘‘or membership’’ after ‘‘the enrollment’’; 
793 

†S 1177 ES

1 (B) by striking subsection (e) and insert2 ing the following: 

3 ‘‘(e) DOCUMENTATION.— 

4 ‘‘(1) IN GENERAL.—For purposes of deter5 mining whether a child is eligible to be counted for 

6 the purpose of computing the amount of a grant 

7 award under section 7113, the membership of the 

8 child, or any parent or grandparent of the child, in 

9 a tribe or band of Indians (as so defined) may be 

10 established by proof other than an enrollment num11 ber, notwithstanding the availability of an enroll12 ment number for a member of such tribe or band. 

13 Nothing in subsection (b) shall be construed to re14 quire the furnishing of an enrollment number. 

15 ‘‘(2) NO NEW OR DUPLICATE DETERMINA16 TIONS.—Once a child is determined to be an Indian 

17 eligible to be counted for such grant award, the local 

18 educational agency shall maintain a record of such 

19 determination and shall not require a new or dupli20 cate determination to be made for such child for a 

21 subsequent application for a grant under this sub22 part. 

23 ‘‘(3) PREVIOUSLY FILED FORMS.—An Indian 

24 student eligibility form that was on file as required 

25 by this section on the day before the date of enact-
794 

†S 1177 ES

1 ment of the Every Child Achieves Act of 2015 and 

2 that met the requirements of this section, as this 

3 section was in effect on the day before the date of 

4 enactment of such Act, shall remain valid for such 

5 Indian student.’’; 

6 (C) in subsection (g), by striking ‘‘Bureau 

7 of Indian Affairs’’ and inserting ‘‘Bureau of In8 dian Education’’; and 

9 (D) by adding at the end the following: 

10 ‘‘(i) TECHNICAL ASSISTANCE.—The Secretary shall, 

11 directly or through contract, provide technical assistance 

12 to a local educational agency or Bureau of Indian Edu13 cation school upon request, in addition to any technical 

14 assistance available under section 1114 or available 

15 through the Institute of Education Sciences, to support 

16 the services and activities described under this section, in17 cluding for the— 

18 ‘‘(1) development of applications under this sec19 tion; 

20 ‘‘(2) improvement in the quality of implementa21 tion, content of activities, and evaluation of activities 

22 supported under this subpart; 

23 ‘‘(3) integration of activities under this title 

24 with other educational activities established by the 

25 local educational agency; and 
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†S 1177 ES

1 ‘‘(4) coordination of activities under this title 

2 with programs administered by each Federal agency 

3 providing grants for the provision of educational and 

4 related services and sharing of best practices.’’; 

5 (9) in section 7118, by striking subsection (c) 

6 and inserting the following: 

7 ‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO

8 MAINTAIN FISCAL EFFORT.—Each local educational 

9 agency shall maintain fiscal effort in accordance with sec10 tion 9521 or be subject to reduced payments under this 

11 subpart in accordance with such section 9521.’’; 

12 (10) in section 7121— 

13 (A) by striking the section header and in14 serting the following: 

15 ‘‘SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNI16 TIES FOR INDIAN CHILDREN AND YOUTH.’’; 

17 (B) in subsection (a)— 

18 (i) in paragraph (1), by inserting 

19 ‘‘and youth’’ after ‘‘Indian children’’; and 

20 (ii) in paragraph (2)(B), by inserting 

21 ‘‘and youth’’ after ‘‘Alaska Native chil22 dren’’; 

23 (C) in subsection (b), by striking ‘‘Indian 

24 institution (including an Indian institution of 

25 higher education)’’ and inserting ‘‘a Tribal Col-
796 

†S 1177 ES

1 lege or University (as defined in section 316(b) 

2 of the Higher Education Act of 1965)’’; 

3 (D) in subsection (c)— 

4 (i) in paragraph (1)— 

5 (I) in subparagraph (A), by in6 serting ‘‘and youth’’ after ‘‘disadvan7 taged children’’; 

8 (II) in subparagraph (B), by in9 serting ‘‘and youth’’ after ‘‘such chil10 dren’’; 

11 (III) in subparagraph (D), by in12 serting ‘‘and youth’’ after ‘‘Indian 

13 children’’; 

14 (IV) in subparagraph (E), by in15 serting ‘‘and youth’’ after ‘‘Indian 

16 children’’ both places the term ap17 pears; 

18 (V) by striking subparagraph (G) 

19 and inserting the following: 

20 ‘‘(G) high-quality early childhood education 

21 programs that are effective in preparing young 

22 children to be making sufficient academic 

23 progress by the end of grade 3, including kin24 dergarten and prekindergarten programs, fam25 ily-based preschool programs that emphasize 
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†S 1177 ES

1 school readiness, and the provision of services 

2 to Indian children with disabilities;’’; and 

3 (VI) in subparagraph (L)— 

4 (aa) by striking ‘‘appro5 priately qualified tribal elders 

6 and seniors’’ and inserting ‘‘tra7 ditional leaders’’; and 

8 (bb) by inserting ‘‘and 

9 youth’’ after ‘‘Indian children’’; 

10 (ii) in paragraph (2), by striking 

11 ‘‘Professional development’’ and inserting 

12 ‘‘High-quality professional development’’; 

13 (E) in subsection (d)— 

14 (i) in paragraph (1)(C), by striking 

15 ‘‘make a grant payment for a grant de16 scribed in this paragraph to an eligible en17 tity after the initial year of the multiyear 

18 grant only if the Secretary determines’’ 

19 and inserting ‘‘award grants for an initial 

20 period of not more than 3 years and may 

21 renew such grants for not more than an 

22 additional 2 years if the Secretary deter23 mines’’; and 

24 (ii) in paragraph (3)(B)— 
798 

†S 1177 ES

1 (I) in clause (i), by striking ‘‘par2 ents of Indian children’’ and inserting 

3 ‘‘parents and family of Indian chil4 dren’’; and 

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

6 ‘‘information demonstrating that the 

7 proposed program for the activities is 

8 a scientifically based research pro9 gram’’ and inserting ‘‘evidence dem10 onstrating that the proposed program 

11 is an evidence-based program’’; and 

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

13 ‘‘(f) CONTINUATION.—Notwithstanding any other 

14 provision of this section, a grantee that is carrying out 

15 activities pursuant to a grant awarded under this section 

16 prior to the date of enactment of the Every Child Achieves 

17 Act of 2015 may continue to carry out such activities after 

18 such date of enactment under such grant in accordance 

19 with the terms of such grant award.’’; 

20 (11) in section 7122— 

21 (A) in subsection (a)— 

22 (i) in the subsection heading, by strik23 ing ‘‘PURPOSES’’ and inserting ‘‘PUR24 POSE’’; 
799 

†S 1177 ES

1 (ii) in the matter preceding paragraph 

2 (1), by striking ‘‘The purposes of this sec3 tion are’’ and inserting ‘‘The purpose of 

4 this section is’’; 

5 (iii) in paragraph (1), by striking ‘‘in6 dividuals in teaching or other education 

7 professions that serve Indian people’’ and 

8 inserting ‘‘or Alaska Native teachers and 

9 administrators serving Indian or Alaska 

10 Native students’’; 

11 (iv) in paragraph (2)— 

12 (I) by inserting ‘‘and support’’ 

13 after ‘‘to provide training’’; 

14 (II) by inserting ‘‘or Alaska Na15 tive’’ after ‘‘Indian’’; 

16 (III) by striking ‘‘teachers, ad17 ministrators, teacher aides’’ and in18 serting ‘‘effective teachers, principals, 

19 other school leaders, administrators, 

20 teacher aides, counselors’’; 

21 (IV) by striking ‘‘ancillary edu22 cational personnel’’ and inserting 

23 ‘‘specialized instructional support per24 sonnel’’; and 
800 

†S 1177 ES

1 (V) by striking ‘‘and’’ after the 

2 semicolon; 

3 (v) in paragraph (3)— 

4 (I) by inserting ‘‘or Alaska Na5 tive’’ after ‘‘Indian’’; and 

6 (II) by striking the period at the 

7 end and inserting ‘‘; and’’; and 

8 (vi) by adding at the end the fol9 lowing: 

10 ‘‘(4) to develop and implement initiatives to 

11 promote retention of effective teachers, principals, 

12 and school leaders who have a record of success in 

13 helping low-achieving Indian or Alaska Native stu14 dents improve their academic achievement, out15 comes, and preparation for postsecondary education 

16 or the workforce without the need for postsecondary 

17 remediation.’’; 

18 (B) in subsection (b)— 

19 (i) in paragraph (1), by striking ‘‘in20 cluding an Indian institution of higher 

21 education’’ and inserting ‘‘including a 

22 Tribal College or University, as defined in 

23 section 316(b) of the Higher Education 

24 Act of 1965’’; and 
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†S 1177 ES

1 (ii) in paragraph (4), by inserting ‘‘in 

2 a consortium with at least one Tribal Col3 lege or University, as defined in section 

4 316(b) of the Higher Education Act of 

5 1965, where feasible’’ before the period at 

6 the end; 

7 (C) in subsection (d)— 

8 (i) in paragraph (1)— 

9 (I) in the first sentence— 

10 (aa) by inserting ‘‘or Alaska 

11 Native’’ after ‘‘Indian’’; and 

12 (bb) by striking ‘‘purposes’’ 

13 and inserting ‘‘purpose’’; and 

14 (II) by striking the second sen15 tence and inserting ‘‘Such activities 

16 may include—’’ 

17 ‘‘(A) continuing education programs, 

18 symposia, workshops, and conferences; 

19 ‘‘(B) teacher mentoring programs, profes20 sional guidance, and instructional support pro21 vided by educators, local tribal elders, or cul22 tural experts, as appropriate for teachers dur23 ing their first 3 years of employment as teach24 ers; 

25 ‘‘(C) direct financial support; and 
802 

†S 1177 ES

1 ‘‘(D) programs designed to train tribal el2 ders and cultural experts to assist those per3 sonnel referenced in subsection (a)(2), as ap4 propriate, with relevant Native language and 

5 cultural mentoring, guidance, and support.’’; 

6 and 

7 (ii) in paragraph (2), by adding at the 

8 end the following: 

9 ‘‘(C) CONTINUATION.—Notwithstanding 

10 any other provision of this section, a grantee 

11 that is carrying out activities pursuant to a 

12 grant awarded under this section prior to the 

13 date of enactment of the Every Child Achieves 

14 Act of 2015 may continue to carry out such ac15 tivities under such grant in accordance with the 

16 terms of that award.’’; 

17 (D) by striking subsection (e) and insert18 ing the following: 

19 ‘‘(e) APPLICATION.—Each eligible entity desiring a 

20 grant under this section shall submit an application to the 

21 Secretary at such time, in such manner, and accompanied 

22 by such information, as the Secretary may reasonably re23 quire. At a minimum, an application under this section 

24 shall describe how the eligible entity will— 
803 

†S 1177 ES

1 ‘‘(1) recruit qualified Indian or Alaska Native 

2 individuals, such as students who may not be of tra3 ditional college age, to become teachers, principals, 

4 or school leaders; 

5 ‘‘(2) use funds made available under the grant 

6 to support the recruitment, preparation, and profes7 sional development of Indian or Alaska Native teach8 ers or principals in local educational agencies that 

9 serve a high proportion of Indian or Alaska Native 

10 students; and 

11 ‘‘(3) assist participants in meeting the require12 ments under subsection (h).’’; 

13 (E) in subsection (f)— 

14 (i) by redesignating paragraphs (1) 

15 and (2) as paragraphs (2) and (3), respec16 tively; 

17 (ii) by inserting before paragraph (2), 

18 as redesignated by clause (i), the following: 

19 ‘‘(1) may give priority to tribally chartered and 

20 federally chartered institutions of higher edu21 cation;’’; and 

22 (iii) in paragraph (3), as redesignated 

23 by clause (i), by striking ‘‘basis of’’ and all 

24 that follows through the period at the end 

25 and inserting ‘‘basis of the length of any 
804 

†S 1177 ES

1 period for which the eligible entity has re2 ceived a grant.’’; 

3 (F) by striking subsection (g) and insert4 ing the following: 

5 ‘‘(g) GRANT PERIOD.—The Secretary shall award 

6 grants under this section for an initial period of not more 

7 than 3 years, and may renew such grants for an additional 

8 period of not more than 2 years if the Secretary finds that 

9 the grantee is achieving the objectives of the grant.’’; and 

10 (G) in subsection (h)(1)(A)(ii), by striking 

11 ‘‘people’’ and inserting ‘‘students in a local edu12 cational agency that serves a high proportion of 

13 Indian or Alaska Native students’’; 

14 (12) by striking section 7135 and inserting the 

15 following: 

16 ‘‘SEC. 7135. GRANTS TO TRIBES FOR EDUCATION ADMINIS17 TRATIVE PLANNING, DEVELOPMENT, AND CO18 ORDINATION. 

19 ‘‘(a) IN GENERAL.—The Secretary may award grants 

20 under this section to eligible applicants to enable the eligi21 ble applicants to— 

22 ‘‘(1) promote tribal self-determination in edu23 cation; 

24 ‘‘(2) improve the academic achievement of In25 dian children and youth; and 
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†S 1177 ES

1 ‘‘(3) promote the coordination and collaboration 

2 of tribal educational agencies with State and local 

3 educational agencies to meet the unique educational 

4 and culturally related academic needs of Indian stu5 dents. 

6 ‘‘(b) DEFINITIONS.—In this section: 

7 ‘‘(1) ELIGIBLE APPLICANT.—In this section, 

8 the term ‘eligible applicant’ means— 

9 ‘‘(A) an Indian tribe or tribal organization 

10 approved by an Indian tribe; or 

11 ‘‘(B) a tribal educational agency. 

12 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 

13 means a federally recognized tribe or a State-recog14 nized tribe. 

15 ‘‘(3) TRIBAL EDUCATIONAL AGENCY.—The 

16 term ‘tribal educational agency’ means the agency, 

17 department, or instrumentality of an Indian tribe 

18 that is primarily responsible for supporting tribal 

19 students’ elementary and secondary education. 

20 ‘‘(c) GRANT PROGRAM.—The Secretary may award 

21 grants to— 

22 ‘‘(1) eligible applicants described under sub23 section (b)(1)(A) to plan and develop a tribal edu24 cational agency, if the tribe or organization has no 
806 

†S 1177 ES

1 current tribal educational agency, for a period of not 

2 more than 1 year; and 

3 ‘‘(2) eligible applicants described under sub4 section (b)(1)(B), for a period of not more than 3 

5 years, in order to— 

6 ‘‘(A) directly administer education pro7 grams, including formula grant programs under 

8 this Act, consistent with State law and under a 

9 written agreement between the parties; 

10 ‘‘(B) build capacity to administer and co11 ordinate such education programs, and to im12 prove the relationship and coordination between 

13 such applicants and the State educational agen14 cies and local educational agencies that educate 

15 students from the tribe; 

16 ‘‘(C) receive training and support from the 

17 State educational agency and local educational 

18 agency, in areas such as data collection and 

19 analysis, grants management and monitoring, 

20 fiscal accountability, and other areas as needed; 

21 ‘‘(D) train and support the State edu22 cational agency and local educational agency in 

23 areas related to tribal history, language, or cul24 ture; 
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†S 1177 ES

1 ‘‘(E) build on existing activities or re2 sources rather than replacing other funds; and 

3 ‘‘(F) carry out other activities, subject to 

4 the approval of the Secretary. 

5 ‘‘(d) GRANT APPLICATION.— 

6 ‘‘(1) IN GENERAL.—Each eligible applicant de7 siring a grant under this section shall submit an ap8 plication to the Secretary at such time, in such man9 ner, containing such information, and consistent 

10 with such criteria, as the Secretary may reasonably 

11 prescribe. 

12 ‘‘(2) CONTENTS.—Each application described in 

13 paragraph (1) shall contain— 

14 ‘‘(A) a statement describing the activities 

15 to be conducted, and the objectives to be 

16 achieved, under the grant; 

17 ‘‘(B) a description of the method to be 

18 used for evaluating the effectiveness of the ac19 tivities for which assistance is sought and for 

20 determining whether such objectives are 

21 achieved; and 

22 ‘‘(C) for applications for activities under 

23 subsection (c)(2), evidence of— 

24 ‘‘(i) a preliminary agreement with the 

25 appropriate State educational agency, 1 or 
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†S 1177 ES

1 more local educational agencies, or both 

2 the State educational agency and a local 

3 educational agency; and 

4 ‘‘(ii) existing capacity as a tribal edu5 cational agency. 

6 ‘‘(3) APPROVAL.—The Secretary may approve 

7 an application submitted by an eligible applicant 

8 under this subsection only if the Secretary is satis9 fied that such application, including any documenta10 tion submitted with the application— 

11 ‘‘(A) demonstrates that the eligible appli12 cant has consulted with other education enti13 ties, if any, within the territorial jurisdiction of 

14 the applicant that will be affected by the activi15 ties to be conducted under the grant; 

16 ‘‘(B) provides for consultation with such 

17 other education entities in the operation and 

18 evaluation of the activities conducted under the 

19 grant; and 

20 ‘‘(C) demonstrates that there will be ade21 quate resources provided under this section or 

22 from other sources to complete the activities for 

23 which assistance is sought. 

24 ‘‘(e) RESTRICTIONS.— 
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†S 1177 ES

1 ‘‘(1) IN GENERAL.—A tribe may not receive 

2 funds under this section if such tribe receives funds 

3 under section 1140 of the Education Amendments of 

4 1978. 

5 ‘‘(2) DIRECT SERVICES.—No funds under this 

6 section may be used to provide direct services. 

7 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds under 

8 this section shall be used to supplement, and not supplant, 

9 other Federal, State, and local programs that meet the 

10 needs of tribal students.’’; 

11 (13) in section 7141(b)(1), by inserting ‘‘and 

12 the Secretary of the Interior’’ after ‘‘advise the Sec13 retary’’; 

14 (14) in section 7151, by adding at the end the 

15 following: 

16 ‘‘(4) TRADITIONAL LEADERS.—The term ‘tradi17 tional leaders’ has the meaning given the term in 

18 section 103 of the Native American Languages Act 

19 (25 U.S.C. 2902).’’; and 

20 (15) in section 7152— 

21 (A) in subsection (a), by striking 

22 ‘‘$96,400,000 for fiscal year 2002 and such 

23 sums as may be necessary for each of the 5 

24 succeeding fiscal years’’ and inserting ‘‘such 
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†S 1177 ES

1 sums as may be necessary for each of fiscal 

2 years 2016 through 2021’’; and 

3 (B) in subsection (b) by striking 

4 ‘‘$24,000,000 for fiscal year 2002 and such 

5 sums as may be necessary for each of the 5 

6 succeeding fiscal years’’ and inserting ‘‘such 

7 sums as may be necessary for each of fiscal 

8 years 2016 through 2021’’. 

9 SEC. 7002. NATIVE HAWAIIAN EDUCATION. 

10 Part B of title VII (20 U.S.C. 7511 et seq.) is amend11 ed— 

12 (1) in section 7202, by striking paragraphs (14) 

13 through (21); 

14 (2) by striking section 7204 and inserting the 

15 following: 

16 ‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL. 

17 ‘‘(a) GRANT AUTHORIZED.—In order to better effec18 tuate the purposes of this part through the coordination 

19 of educational and related services and programs available 

20 to Native Hawaiians, including those programs that re21 ceive funding under this part, the Secretary shall award 

22 a grant to the education council described under sub23 section (b). 

24 ‘‘(b) EDUCATION COUNCIL.— 
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†S 1177 ES

1 ‘‘(1) ELIGIBILITY.—To be eligible to receive the 

2 grant under subsection (a), the council shall be an 

3 education council (referred to in this section as the 

4 ‘Education Council’) that meets the requirements of 

5 this subsection. 

6 ‘‘(2) COMPOSITION.—The Education Council 

7 shall consist of 15 members, of whom— 

8 ‘‘(A) 1 shall be the President of the Uni9 versity of Hawaii (or a designee); 

10 ‘‘(B) 1 shall be the Governor of the State 

11 of Hawaii (or a designee); 

12 ‘‘(C) 1 shall be the Superintendent of the 

13 State of Hawaii Department of Education (or a 

14 designee); 

15 ‘‘(D) 1 shall be the chairperson of the Of16 fice of Hawaiian Affairs (or a designee); 

17 ‘‘(E) 1 shall be the executive director of 

18 Hawaii’s Charter School Network (or a des19 ignee); 

20 ‘‘(F) 1 shall be the chief executive officer 

21 of the Kamehameha Schools (or a designee); 

22 ‘‘(G) 1 shall be the Chief Executive Officer 

23 of the Queen Liliuokalani Trust (or a designee); 
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†S 1177 ES

1 ‘‘(H) 1 shall be a member, selected by the 

2 other members of the Education Council, who 

3 represents a private grant-making entity; 

4 ‘‘(I) 1 shall be the Mayor of the County of 

5 Hawaii (or a designee); 

6 ‘‘(J) 1 shall be the Mayor of Maui County 

7 (or a designee from the Island of Maui); 

8 ‘‘(K) 1 shall be the Mayor of the County 

9 of Kauai (or a designee); 

10 ‘‘(L) 1 shall be appointed by the Mayor of 

11 Maui County from the Island of Molokai or the 

12 Island of Lanai; 

13 ‘‘(M) 1 shall be the Mayor of the City and 

14 County of Honolulu (or a designee); 

15 ‘‘(N) 1 shall be the chairperson of the Ha16 waiian Homes Commission (or a designee); and 

17 ‘‘(O) 1 shall be the chairperson of the Ha18 waii Workforce Development Council (or a des19 ignee representing the private sector). 

20 ‘‘(3) REQUIREMENTS.—Any designee serving on 

21 the Education Council shall demonstrate, as deter22 mined by the individual who appointed such designee 

23 with input from the Native Hawaiian community, 

24 not less than 5 years of experience as a consumer 

25 or provider of Native Hawaiian educational or cul-
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†S 1177 ES

1 tural activities, with traditional cultural experience 

2 given due consideration. 

3 ‘‘(4) LIMITATION.—A member (including a des4 ignee), while serving on the Education Council, shall 

5 not be a direct recipient or administrator of grant 

6 funds that are awarded under this part. 

7 ‘‘(5) TERM OF MEMBERS.—A member who is a 

8 designee shall serve for a term of not more than 4 

9 years. 

10 ‘‘(6) CHAIR; VICE CHAIR.— 

11 ‘‘(A) SELECTION.—The Education Council 

12 shall select a Chairperson and a Vice-Chair13 person from among the members of the Edu14 cation Council. 

15 ‘‘(B) TERM LIMITS.—The Chairperson and 

16 Vice-Chairperson shall each serve for a 2-year 

17 term. 

18 ‘‘(7) ADMINISTRATIVE PROVISIONS RELATING

19 TO EDUCATION COUNCIL.—The Education Council 

20 shall meet at the call of the Chairperson of the 

21 Council, or upon request by a majority of the mem22 bers of the Education Council, but in any event not 

23 less often than every 120 days. 

24 ‘‘(8) NO COMPENSATION.—None of the funds 

25 made available through the grant may be used to 
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1 provide compensation to any member of the Edu2 cation Council or member of a working group estab3 lished by the Education Council, for functions de4 scribed in this section. 

5 ‘‘(c) USE OF FUNDS FOR COORDINATION ACTIVI6 TIES.—The Education Council shall use funds made avail7 able through a grant under subsection (a) to carry out 

8 each of the following activities: 

9 ‘‘(1) Providing advice about the coordination of, 

10 and serving as a clearinghouse for, the educational 

11 and related services and programs available to Na12 tive Hawaiians, including the programs assisted 

13 under this part. 

14 ‘‘(2) Assessing the extent to which such services 

15 and programs meet the needs of Native Hawaiians, 

16 and collecting data on the status of Native Hawaiian 

17 education. 

18 ‘‘(3) Providing direction and guidance, through 

19 the issuance of reports and recommendations, to ap20 propriate Federal, State, and local agencies in order 

21 to focus and improve the use of resources, including 

22 resources made available under this part, relating to 

23 Native Hawaiian education, and serving, where ap24 propriate, in an advisory capacity. 
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1 ‘‘(4) Awarding grants, if such grants enable the 

2 Education Council to carry out the activities de3 scribed in paragraphs (1) through (3). 

4 ‘‘(5) Hiring an executive director, who shall as5 sist in executing the duties and powers of the Edu6 cation Council, as described in subsection (d). 

7 ‘‘(d) USE OF FUNDS FOR TECHNICAL ASSIST8 ANCE.—The Education Council shall use funds made 

9 available through a grant under subsection (a) to— 

10 ‘‘(1) provide technical assistance to Native Ha11 waiian organizations that are grantees or potential 

12 grantees under this part; 

13 ‘‘(2) obtain from such grantees information and 

14 data regarding grants awarded under this part, in15 cluding information and data about— 

16 ‘‘(A) the effectiveness of such grantees in 

17 meeting the educational priorities established by 

18 the Education Council, as described in para19 graph (6)(D), using metrics related to these 

20 priorities; and 

21 ‘‘(B) the effectiveness of such grantees in 

22 carrying out any of the activities described in 

23 paragraphs (2) and (3) of section 7205(a) that 

24 are related to the specific goals and purposes of 
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1 each grantee’s grant project, using metrics re2 lated to these priorities; 

3 ‘‘(3) assess and define the educational needs of 

4 Native Hawaiians; 

5 ‘‘(4) assess the programs and services available 

6 to address the educational needs of Native Hawai7 ians; 

8 ‘‘(5) assess and evaluate the individual and ag9 gregate impact achieved by grantees under this part 

10 in improving Native Hawaiian educational perform11 ance and meeting the goals of this part, using 

12 metrics related to these goals; and 

13 ‘‘(6) prepare and submit to the Secretary, at 

14 the end of each calendar year, an annual report that 

15 contains— 

16 ‘‘(A) a description of the activities of the 

17 Education Council during the calendar year; 

18 ‘‘(B) a description of significant barriers to 

19 achieving the goals of this part; 

20 ‘‘(C) a summary of each community con21 sultation session described in subsection (e); 

22 and 

23 ‘‘(D) recommendations to establish prior24 ities for funding under this part, based on an 

25 assessment of— 
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1 ‘‘(i) the educational needs of Native 

2 Hawaiians; 

3 ‘‘(ii) programs and services available 

4 to address such needs; 

5 ‘‘(iii) the effectiveness of programs in 

6 improving the educational performance of 

7 Native Hawaiian students to help such stu8 dents meet challenging State academic 

9 standards under section 1111(b)(1); and 

10 ‘‘(iv) priorities for funding in specific 

11 geographic communities. 

12 ‘‘(e) USE OF FUNDS FOR COMMUNITY CONSULTA13 TIONS.—The Education Council shall use funds made 

14 available through the grant under subsection (a) to hold 

15 not less than 1 community consultation each year on each 

16 of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and 

17 Kauai, at which— 

18 ‘‘(1) not less than 3 members of the Education 

19 Council shall be in attendance; 

20 ‘‘(2) the Education Council shall gather com21 munity input regarding— 

22 ‘‘(A) current grantees under this part, as 

23 of the date of the consultation; 

24 ‘‘(B) priorities and needs of Native Hawai25 ians; and 
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1 ‘‘(C) other Native Hawaiian education 

2 issues; and 

3 ‘‘(3) the Education Council shall report to the 

4 community on the outcomes of the activities sup5 ported by grants awarded under this part. 

6 ‘‘(f) FUNDING.—For each fiscal year, the Secretary 

7 shall use the amount described in section 7205(c)(2), to 

8 make a payment under the grant. Funds made available 

9 through the grant shall remain available until expended.’’; 

10 (3) in section 7205— 

11 (A) in subsection (a)(1)— 

12 (i) in subparagraph (C), by striking 

13 ‘‘and’’ after the semicolon; 

14 (ii) by redesignating subparagraph 

15 (D) as subparagraph (E); and 

16 (iii) by inserting after subparagraph 

17 (C) the following: 

18 ‘‘(D) charter schools; and’’; and 

19 (B) in subsection (c)— 

20 (i) in paragraph (1), by striking ‘‘for 

21 fiscal year 2002 and each of the 5 suc22 ceeding 5 fiscal years’’ and inserting ‘‘for 

23 each of fiscal years 2016 through 2021’’; 

24 and 
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1 (ii) in paragraph (2), by striking ‘‘for 

2 fiscal year 2002 and each of the 5 suc3 ceeding fiscal years’’ and inserting ‘‘for 

4 each of fiscal years 2016 through 2021’’; 

5 and 

6 (4) in section 7207— 

7 (A) by redesignating paragraphs (1) 

8 through (6) as paragraphs (2) through (7), re9 spectively; and 

10 (B) by inserting before paragraph (2), as 

11 redesignated by subparagraph (A), the fol12 lowing: 

13 ‘‘(1) COMMUNITY CONSULTATION.—The term 

14 ‘community consultation’ means a public gath15 ering— 

16 ‘‘(A) to discuss Native Hawaiian education 

17 concerns; and 

18 ‘‘(B) about which the public has been given 

19 not less than 30 days notice.’’. 

20 SEC. 7003. ALASKA NATIVE EDUCATION. 

21 Part C of title VII (20 U.S.C. 7541 et seq.) is amend22 ed— 

23 (1) in section 7302, by striking paragraphs (1) 

24 through (7) and inserting the following: 
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1 ‘‘(1) It is the policy of the Federal Government 

2 to maximize the leadership of and participation by 

3 Alaska Native peoples in the planning and the man4 agement of Alaska Native education programs and 

5 to support efforts developed by and undertaken with6 in the Alaska Native community to improve edu7 cational opportunity for all students. 

8 ‘‘(2) Many Alaska Native children enter and 

9 exit school with serious educational disadvantages. 

10 ‘‘(3) Overcoming the magnitude of the geo11 graphic challenges, historical inequities, and other 

12 barriers to successfully improving educational out13 comes for Alaska Native students in rural, village, 

14 and urban settings is challenging. Significant dis15 parities between academic achievement of Alaska 

16 Native students and non-Native students continues, 

17 including lower graduation rates, increased school 

18 dropout rates, and lower achievement scores on 

19 standardized tests. 

20 ‘‘(4) The preservation of Alaska Native cultures 

21 and languages and the integration of Alaska Native 

22 cultures and languages into education, positive iden23 tity development for Alaska Native students, and 

24 local, place-based, and culture-based programming 

25 are critical to the attainment of educational success 
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1 and the long-term well-being of Alaska Native stu2 dents. 

3 ‘‘(5) Improving educational outcomes for Alaska 

4 Native students increases access to employment op5 portunities. 

6 ‘‘(6) The programs and activities authorized 

7 under this part should be led by Alaska Native enti8 ties as a means of increasing Alaska Native parent 

9 and community involvement in the promotion of aca10 demic success of Alaska Native students. 

11 ‘‘(7) The Federal Government should lend sup12 port to efforts developed by and undertaken within 

13 the Alaska Native community to improve educational 

14 opportunity for Alaska Native students. In 1983, 

15 pursuant to Public Law 98–63, Alaska ceased to re16 ceive educational funding from the Bureau of Indian 

17 Affairs. The Bureau of Indian Education does not 

18 operate any schools in Alaska, nor operate or fund 

19 Alaska Native education programs. The program 

20 under this part supports the Federal trust responsi21 bility of the United States to Alaska Natives.’’; 

22 (2) in section 7303— 

23 (A) in paragraph (1), by inserting ‘‘and 

24 address’’ after ‘‘To recognize’’; 

25 (B) by striking paragraph (3); 
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1 (C) by redesignating paragraph (2) as 

2 paragraph (4) and paragraph (4) as paragraph 

3 (5); 

4 (D) by inserting after paragraph (1) the 

5 following: 

6 ‘‘(2) To recognize the role of Alaska Native lan7 guages and cultures in the educational success and 

8 long-term well-being of Alaska Native students. 

9 ‘‘(3) To integrate Alaska Native cultures and 

10 languages into education, develop Alaska Native stu11 dents’ positive identity, and support local place12 based and culture-based curriculum and program13 ming.’’; 

14 (E) in paragraph (4), as redesignated by 

15 subparagraph (C), by striking ‘‘of supplemental 

16 educational programs to benefit Alaska Na17 tives.’’ and inserting ‘‘, management, and ex18 pansion of effective educational programs to 

19 benefit Alaska Native peoples.’’; and 

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

21 ‘‘(6) To ensure the maximum participation by 

22 Alaska Native educators and leaders in the planning, 

23 development, implementation, management, and 

24 evaluation of programs designed to serve Alaska Na25 tive students, and to ensure that Alaska Native 
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1 tribes and tribal organizations play a meaningful 

2 role in providing supplemental educational services 

3 to Alaska Native students.’’; 

4 (3) by striking section 7304 and inserting the 

5 following: 

6 ‘‘SEC. 7304. PROGRAM AUTHORIZED. 

7 ‘‘(a) GENERAL AUTHORITY.— 

8 ‘‘(1) GRANTS AND CONTRACTS.—The Secretary 

9 is authorized to make grants to, or enter into con10 tracts with, any of the following to carry out the 

11 purposes of this part: 

12 ‘‘(A) Alaska Native tribes, Alaska Native 

13 tribal organizations, or Alaska Native regional 

14 nonprofit corporations with experience oper15 ating programs that fulfill the purposes of this 

16 part. 

17 ‘‘(B) Alaska Native tribes, Alaska Native 

18 tribal organizations, or Alaska Native regional 

19 nonprofit corporations without such experience 

20 that are in partnership with— 

21 ‘‘(i) a State educational agency or a 

22 local educational agency; or 

23 ‘‘(ii) Indian tribes, tribal organiza24 tions, or Alaska Native regional nonprofit 
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1 corporations that operate programs that 

2 fulfill the purposes of this part. 

3 ‘‘(C) An entity located in Alaska, and pre4 dominately governed by Alaska Natives, that 

5 does not meet the definition of an Alaska Na6 tive tribe, an Alaska Native tribal organization, 

7 or an Alaska Native regional nonprofit corpora8 tion, under this part, provided that the entity— 

9 ‘‘(i) has experience operating pro10 grams that fulfill the purposes of this part; 

11 and 

12 ‘‘(ii) is granted an official charter or 

13 sanction, as prescribed in section 4 of the 

14 Indian Self-Determination and Education 

15 Assistance Act (25 U.S.C. 450b), from at 

16 least one Alaska Native tribe or Alaska 

17 Native tribal organization to carry out pro18 grams that meet the purposes of this part. 

19 ‘‘(2) MULTI-YEAR AWARDS.—The recipient of a 

20 multi-year award under this part, as this part was 

21 in effect prior to the date of enactment of the Every 

22 Child Achieves Act of 2015, shall be eligible to re23 ceive continuation funds in accordance with the 

24 terms of that award. 
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1 ‘‘(3) MANDATORY ACTIVITIES.—Activities pro2 vided through the programs carried out under this 

3 part shall include the following: 

4 ‘‘(A) The development and implementation 

5 of plans, methods, strategies and activities to 

6 improve the educational outcomes of Alaska 

7 Native peoples. 

8 ‘‘(B) The collection of data to assist in the 

9 evaluation of the programs carried out under 

10 this part. 

11 ‘‘(4) PERMISSIBLE ACTIVITIES.—Activities pro12 vided through programs carried out under this part 

13 may include the following: 

14 ‘‘(A) The development of curricula and 

15 programs that address the educational needs of 

16 Alaska Native students, including the following: 

17 ‘‘(i) Curriculum materials that reflect 

18 the cultural diversity, languages, history, 

19 or the contributions of Alaska Native peo20 ple. 

21 ‘‘(ii) Instructional programs that 

22 make use of Alaska Native languages and 

23 cultures. 

24 ‘‘(iii) Networks that develop, test, and 

25 disseminate best practices and introduce 
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1 successful programs, materials, and tech2 niques to meet the educational needs of 

3 Alaska Native students in urban and rural 

4 schools. 

5 ‘‘(iv) Methods to evaluate teachers’ in6 clusion of diverse Alaska Native cultures in 

7 their lesson plans. 

8 ‘‘(B) Training and professional develop9 ment activities for educators, including the fol10 lowing: 

11 ‘‘(i) Pre-service and in-service training 

12 and professional development programs to 

13 prepare teachers to develop appreciation 

14 for and understanding of Alaska Native 

15 history, cultures, values, and ways of 

16 knowing and learning in order to effec17 tively address the cultural diversity and 

18 unique needs of Alaska Native students 

19 and incorporate them into lesson plans and 

20 teaching methods. 

21 ‘‘(ii) Recruitment and preparation of 

22 teachers who are Alaska Native. 

23 ‘‘(iii) Programs that will lead to the 

24 certification and licensing of Alaska Native 
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1 teachers, principals, other school leaders, 

2 and superintendents. 

3 ‘‘(C) Early childhood and parenting edu4 cation activities designed to improve the school 

5 readiness of Alaska Native children, including— 

6 ‘‘(i) the development and operation of 

7 home visiting programs for Alaska Native 

8 preschool children, to ensure the active in9 volvement of parents in their children’s 

10 education from the earliest ages; 

11 ‘‘(ii) training, education, and support, 

12 including in-home visitation, for parents 

13 and caregivers of Alaska Native children to 

14 improve parenting and caregiving skills 

15 (including skills relating to discipline and 

16 cognitive development, reading readiness, 

17 observation, storytelling, and critical think18 ing); 

19 ‘‘(iii) family literacy services; 

20 ‘‘(iv) activities carried out under the 

21 Head Start Act; 

22 ‘‘(v) programs for parents and their 

23 infants, from the prenatal period of the in24 fant through age 3; 
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1 ‘‘(vi) early childhood education pro2 grams; and 

3 ‘‘(vii) Native language immersion 

4 within early childhood, Head Start, or pre5 school programs. 

6 ‘‘(D) The development and operation of 

7 student enrichment programs, including those 

8 in science, technology, engineering, and mathe9 matics that— 

10 ‘‘(i) are designed to prepare Alaska 

11 Native students to excel in such subjects; 

12 ‘‘(ii) provide appropriate support serv13 ices to enable such students to benefit 

14 from the programs; and 

15 ‘‘(iii) include activities that recognize 

16 and support the unique cultural and edu17 cational needs of Alaska Native children 

18 and incorporate appropriately qualified 

19 Alaska Native elders and other tradition 

20 bearers. 

21 ‘‘(E) Research and data collection activi22 ties to determine the educational status and 

23 needs of Alaska Native children and adults and 

24 other such research and evaluation activities re25 lated to programs funded under this part. 
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1 ‘‘(F) Activities designed to increase Alaska 

2 Native students’ graduation rates and assist 

3 Alaska Native students to be prepared for post4 secondary education or the workforce without 

5 the need for postsecondary remediation, such 

6 as— 

7 ‘‘(i) remedial and enrichment pro8 grams; 

9 ‘‘(ii) culturally based education pro10 grams such as— 

11 ‘‘(I) programs of study and other 

12 instruction in Alaska Native history 

13 and ways of living to share the rich 

14 and diverse cultures of Alaska Native 

15 peoples among Alaska Native youth 

16 and elders, non-Native students and 

17 teachers, and the larger community; 

18 ‘‘(II) instructing Alaska Native 

19 youth in leadership, communication, 

20 and Native culture, arts, and lan21 guages; 

22 ‘‘(III) inter-generational learning 

23 and internship opportunities to Alaska 

24 Native youth and young adults; 
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1 ‘‘(IV) cultural immersion activi2 ties; 

3 ‘‘(V) culturally informed cur4 ricula intended to preserve and pro5 mote Alaska Native culture; 

6 ‘‘(VI) Native language instruc7 tion and immersion activities; 

8 ‘‘(VII) school-within-a-school 

9 model programs; and 

10 ‘‘(VIII) college preparation and 

11 career planning; and 

12 ‘‘(iii) holistic school or community13 based support services to enable such stu14 dents to benefit from the supplemental 

15 programs offered, including those that ad16 dress family instability, school climate, 

17 trauma, safety, and nonacademic learning. 

18 ‘‘(G) The establishment or operation of 

19 Native language immersion nests or schools. 

20 ‘‘(H) Student and teacher exchange pro21 grams, cross-cultural immersion programs, and 

22 culture camps designed to build mutual respect 

23 and understanding among participants. 

24 ‘‘(I) Education programs for at-risk urban 

25 Alaska Native students that are designed to im-
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1 prove academic proficiency and graduation 

2 rates, utilize strategies otherwise permissible 

3 under this part, and incorporate a strong data 

4 collection and continuous evaluation component. 

5 ‘‘(J) Strategies designed to increase par6 ents’ involvement in their children’s education. 

7 ‘‘(K) Programs and strategies that provide 

8 technical assistance and support to schools and 

9 communities to engage adults in promoting the 

10 academic progress and overall well-being of 

11 Alaska Native people, such as through— 

12 ‘‘(i) strength-based approaches to 

13 child and youth development; 

14 ‘‘(ii) positive youth-adult relation15 ships; and 

16 ‘‘(iii) improved conditions for learning 

17 (school climate, student connection to 

18 school and community), and increased con19 nections between schools and families. 

20 ‘‘(L) Career preparation activities to en21 able Alaska Native children and adults to pre22 pare for meaningful employment, including pro23 grams providing tech-prep, mentoring, training, 

24 and apprenticeship activities. 
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1 ‘‘(M) Provision of operational support and 

2 purchasing of equipment, to develop regional 

3 vocational schools in rural areas of Alaska, in4 cluding boarding schools, for Alaska Native stu5 dents in grades 9 through 12, or at higher lev6 els of education, to provide the students with 

7 necessary resources to prepare for skilled em8 ployment opportunities. 

9 ‘‘(N) Regional leadership academies that 

10 demonstrate effectiveness in building respect 

11 and understanding, and fostering a sense of 

12 Alaska Native identity to promote their pursuit 

13 of and success in completing higher education 

14 or career training. 

15 ‘‘(O) Other activities, consistent with the 

16 purposes of this part, to meet the educational 

17 needs of Alaska Native children and adults. 

18 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to carry out this section 

20 such sums as may be necessary for each of fiscal years 

21 2016 through 2021.’’; 

22 (4) by striking section 7305 and inserting the 

23 following: 
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1 ‘‘SEC. 7305. FUNDS FOR ADMINISTRATIVE PURPOSES. 

2 ‘‘Not more than 5 percent of funds provided to an 

3 award recipient under this part for any fiscal year may 

4 be used for administrative purposes.’’; and 

5 (5) in section 7306— 

6 (A) in paragraph (1), by inserting ‘‘(43 

7 U.S.C. 1602(b)) and includes the descendants 

8 of individuals so defined’’ after ‘‘Settlement 

9 Act’’; 

10 (B) by striking paragraph (2); and 

11 (C) by inserting after paragraph (1) the 

12 following: 

13 ‘‘(2) ALASKA NATIVE TRIBE.—The term ‘Alas14 ka Native tribe’ has the meaning given the term ‘In15 dian tribe’ in section 4 of the Indian Self-Deter16 mination and Education Assistance Act (25 U.S.C. 

17 450b), except that the term applies only to Indian 

18 tribes in Alaska. 

19 ‘‘(3) ALASKA NATIVE TRIBAL ORGANIZATION.— 

20 The term ‘Alaska Native tribal organization’ has the 

21 meaning given the term ‘tribal organization’ in sec22 tion 4 of the Indian Self-Determination and Edu23 cation Assistance Act, (25 U.S.C. 450b), except that 

24 the term applies only to tribal organizations in Alas25 ka. 
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1 ‘‘(4) ALASKA NATIVE REGIONAL NONPROFIT

2 CORPORATION.—The term ‘Alaska Native regional 

3 nonprofit corporation’ means an organization listed 

4 in clauses (i) through (xii) of section 419(4)(B) of 

5 the Social Security Act (42 U.S.C. 619(4)(B)(i)- 

6 (xii)), or the successor of an entity so listed.’’. 

7 SEC. 7004. NATIVE AMERICAN LANGUAGE IMMERSION 

8 SCHOOLS AND PROGRAMS. 

9 Title VII (20 U.S.C. 7401) is further amended by 

10 adding at the end the following: 

11 ‘‘PART D—NATIVE AMERICAN AND ALASKA NA12 TIVE LANGUAGE IMMERSION SCHOOLS AND 

13 PROGRAMS 

14 ‘‘SEC. 7401. NATIVE AMERICAN AND ALASKA NATIVE LAN15 GUAGE IMMERSION SCHOOLS AND PRO16 GRAMS. 

17 ‘‘(a) PURPOSES.—The purposes of this section are— 

18 ‘‘(1) to establish a grant program to support 

19 schools that use Native American and Alaska Native 

20 languages as the primary language of instruction; 

21 ‘‘(2) to maintain, protect, and promote the 

22 rights and freedom of Native Americans and Alaska 

23 Natives to use, practice, maintain, and revitalize 

24 their languages, as envisioned in the Native Amer25 ican Languages Act (25 U.S.C. 2901 et seq.); and 
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1 ‘‘(3) to support the Nation’s First Peoples’ ef2 forts to maintain and revitalize their languages and 

3 cultures, and to improve student outcomes within 

4 Native American and Alaska Native communities. 

5 ‘‘(b) PROGRAM AUTHORIZED.— 

6 ‘‘(1) IN GENERAL.—From the amounts made 

7 available to carry out this part, the Secretary may 

8 award grants to eligible entities to develop and 

9 maintain, or to improve and expand, programs that 

10 support schools, including prekindergarten through 

11 postsecondary education sites and streams, using 

12 Native American and Alaska Native languages as 

13 the primary language of instruction. 

14 ‘‘(2) ELIGIBLE ENTITIES.—In this section, the 

15 term ‘eligible entity’ means any of the following enti16 ties that has a plan to develop and maintain, or to 

17 improve and expand, programs that support the en18 tity’s use of Native American or Alaska Native lan19 guages as the primary language of instruction: 

20 ‘‘(A) An Indian tribe. 

21 ‘‘(B) A Tribal College or University (as de22 fined in section 316 of the Higher Education 

23 Act of 1965). 

24 ‘‘(C) A tribal education agency. 
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1 ‘‘(D) A local educational agency, including 

2 a public charter school that is a local edu3 cational agency under State law. 

4 ‘‘(E) A school operated by the Bureau of 

5 Indian Education. 

6 ‘‘(F) An Alaska Native Regional Corpora7 tion (as defined in section 3 of the Alaska Na8 tive Claims Settlement Act (43 U.S.C. 1602)). 

9 ‘‘(G) A private, tribal, or Alaska Native 

10 nonprofit organization. 

11 ‘‘(c) APPLICATION.— 

12 ‘‘(1) IN GENERAL.—An eligible entity that de13 sires to receive a grant under this section shall sub14 mit an application to the Secretary at such time, in 

15 such manner, and containing such information as 

16 the Secretary may require, including the following: 

17 ‘‘(A) The name of the Native American or 

18 Alaska Native language to be used for instruc19 tion at the school supported by the eligible enti20 ty. 

21 ‘‘(B) The number of students attending 

22 such school. 

23 ‘‘(C) The number of present hours of in24 struction in or through 1 or more Native Amer-
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1 ican or Alaska Native languages being provided 

2 to targeted students at such school, if any. 

3 ‘‘(D) A description of how the applicant 

4 will— 

5 ‘‘(i) use the funds provided to meet 

6 the purposes of this part; 

7 ‘‘(ii) implement the activities de8 scribed in subsection (f); 

9 ‘‘(iii) ensure the implementation of 

10 rigorous academic content; and 

11 ‘‘(iv) ensure that students progress to12 wards high-level fluency goals. 

13 ‘‘(E) Information regarding the school’s 

14 organizational governance or affiliations, includ15 ing information about— 

16 ‘‘(i) the school governing entity (such 

17 as a local educational agency, tribal edu18 cation agency or department, charter orga19 nization, private organization, or other 

20 governing entity); 

21 ‘‘(ii) the school’s accreditation status; 

22 ‘‘(iii) any partnerships with institu23 tions of higher education; and 

24 ‘‘(iv) any indigenous language school25 ing and research cooperatives. 
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1 ‘‘(F) An assurance that— 

2 ‘‘(i) the school is engaged in meeting 

3 State or tribally designated proficiency lev4 els for students, as may be required by ap5 plicable Federal, State, or tribal law; 

6 ‘‘(ii) the school provides assessments 

7 of students using the Native American or 

8 Alaska Native language of instruction, 

9 where possible; 

10 ‘‘(iii) the qualifications of all instruc11 tional and leadership personnel at such 

12 school is sufficient to deliver high-quality 

13 education through the Native American or 

14 Alaska Native language used in the school; 

15 and 

16 ‘‘(iv) the school will collect and report 

17 to the public data relative to student 

18 achievement and, if appropriate, rates of 

19 high school graduation, career readiness, 

20 and enrollment in postsecondary education 

21 or job training programs, of students who 

22 are enrolled in the school’s programs. 

23 ‘‘(2) LIMITATION.—The Secretary shall not give 

24 a priority in awarding grants under this part based 

25 on the information described in paragraph (1)(E). 
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1 ‘‘(3) SUBMISSION OF CERTIFICATION.— 

2 ‘‘(A) IN GENERAL.—An eligible entity that 

3 is a public elementary school or secondary 

4 school (including a public charter school) or a 

5 non-tribal for-profit or nonprofit organization 

6 shall submit, along with the application require7 ments described in paragraph (1), a certifi8 cation described in subparagraph (B) indicating 

9 that the school has the capacity to provide edu10 cation primarily through a Native American or 

11 Alaska Native language and that there are suf12 ficient speakers of the target language at the 

13 school or available to be hired by the school. 

14 ‘‘(B) CERTIFICATION.—The certification 

15 described in subparagraph (A) shall be from 

16 one of the following entities, on whose land the 

17 school is located, that is an entity served by 

18 such school, or that is an entity whose members 

19 (as defined by that entity) are served by the 

20 school: 

21 ‘‘(i) A Tribal College or University (as 

22 defined in section 316 of the Higher Edu23 cation Act of 1965). 

24 ‘‘(ii) A federally recognized Indian 

25 tribe or tribal organization. 
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1 ‘‘(iii) An Alaska Native Regional Cor2 poration or an Alaska Native nonprofit or3 ganization. 

4 ‘‘(iv) A Native Hawaiian organization. 

5 ‘‘(d) AWARDING OF GRANTS.—In awarding grants 

6 under this section, the Secretary shall— 

7 ‘‘(1) determine the amount of each grant and 

8 the duration of each grant, which shall not exceed 

9 3 years; and 

10 ‘‘(2) ensure, to the maximum extent feasible, 

11 that diversity in languages is represented. 

12 ‘‘(e) ACTIVITIES AUTHORIZED.— 

13 ‘‘(1) REQUIRED ACTIVITIES.—An eligible entity 

14 that receives a grant under this section shall use 

15 such funds to carry out the following activities: 

16 ‘‘(A) Supporting Native American or Alas17 ka Native language education and development. 

18 ‘‘(B) Providing professional development 

19 for teachers and, as appropriate, staff and ad20 ministrators to strengthen the overall language 

21 and academic goals of the school that will be 

22 served by the grant program. 

23 ‘‘(C) Carrying out other activities that pro24 mote the maintenance and revitalization of the 
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1 Native American or Alaska Native language rel2 evant to the grant program. 

3 ‘‘(2) ALLOWABLE ACTIVITIES.—An eligible enti4 ty that receives a grant under this section may use 

5 such funds to carry out the following activities: 

6 ‘‘(A) Developing or refining curriculum, in7 cluding teaching materials and activities, as ap8 propriate. 

9 ‘‘(B) Creating or refining assessments 

10 written in the Native American or Alaska Na11 tive language of instruction that measure stu12 dent proficiency and that are aligned with State 

13 or tribal academic standards. 

14 ‘‘(f) REPORT TO SECRETARY.—Each eligible entity 

15 that receives a grant under this part shall provide an an16 nual report to the Secretary in such form and manner as 

17 the Secretary may require. 

18 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to carry out this section 

20 such sums as may be necessary for fiscal years 2016 

21 through 2021.’’. 

22 SEC. 7005. IMPROVING INDIAN STUDENT DATA COLLEC23 TION, REPORTING, AND ANALYSIS. 

24 (a) IN GENERAL.—The Comptroller General, in con25 sultation with the Secretary of Education, the Secretary 
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1 of the Interior, and tribal communities, shall carry out a 

2 study that examines the following: 

3 (1) The representation, at the time of the 

4 study, of Indian students in national, State, local, 

5 and tribal educational reporting required by law. 

6 (2) The varying ways that individuals are iden7 tified as American Indian and Alaska Native (for ex8 ample, such as through self-reporting or tribal en9 rollment records) at the time of the study, by na10 tional, State, local, and tribal educational reporting 

11 systems, and the impact that such variation has on 

12 data analysis or statistical trend comparability 

13 across such systems. 

14 (3) How reporting of data within the Indian 

15 student population can be improved to facilitate 

16 comparisons between— 

17 (A) Indian students living in urban and 

18 rural settings; 

19 (B) Indian students living in tribal com20 munities, areas with large Indian populations, 

21 and in areas with a low percentage of Indian 

22 population; and 

23 (C) any other classifications that the 

24 Comptroller General determines are significant. 
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1 (4) The timeliness of Indian student record 

2 transfer between schools and other entities or indi3 viduals who may receive student records in accord4 ance with the requirements of section 444 of the 

5 General Education Provisions Act ((20 

6 U.S.C.1232g); commonly referred to as the ‘‘Family 

7 Educational Rights and Privacy Act of 1974’’). 

8 (5) The effectiveness and usefulness for paren9 tal, student, Federal, State, tribal, and local edu10 cational stakeholders of the findings and structure of 

11 the National Indian Education Study conducted by 

12 the National Center for Education Statistics in con13 junction with the National Assessment of Edu14 cational Progress described under section 303 of the 

15 National Assessment of Educational Progress Au16 thorization Act (20 U.S.C. 9622). 

17 (6) Any other areas of Indian student data col18 lection, reporting, and analysis, as determined by the 

19 Comptroller General. 

20 (b) REPORTING.— 

21 (1) RECIPIENTS.—The Comptroller General 

22 shall prepare and submit reports setting forth the 

23 conclusions of the study described in subsection (a), 

24 in accordance with subsection (c), to each of the fol25 lowing: 
844 

†S 1177 ES

1 (A) The Committee on Indian Affairs of 

2 the Senate. 

3 (B) The Committee on Health, Education, 

4 Labor, and Pensions of the Senate. 

5 (C) The Committee on Education and the 

6 Workforce of the House of Representatives. 

7 (D) The Subcommittee on Indian, Insular, 

8 and Alaska Native Affairs of the House of Rep9 resentatives. 

10 (2) FUTURE LEGISLATION.—The Comptroller 

11 General shall include in the reports described in sub12 section (b) recommendations to inform future legis13 lation regarding the collection, reporting, and anal14 ysis of Indian student data. 

15 (c) TIMEFRAME.—The Comptroller General shall— 

16 (1) submit not less than 1 report addressing 1 

17 or more of the areas identified in paragraphs (1) 

18 through (6) of subsection (a) not later than 18 

19 months after the enactment of this section; and 

20 (2) submit any other reports necessary to ad21 dress the areas identified in paragraphs (1) through 

22 (6) of subsection (a) not later than 5 years after the 

23 enactment of this section. 
845 

†S 1177 ES

1 SEC. 7006. REPORT ON ELEMENTARY AND SECONDARY 

2 EDUCATION IN RURAL OR POVERTY AREAS 

3 OF INDIAN COUNTRY. 

4 (a) IN GENERAL.—By not later than 90 days after 

5 the date of enactment of this Act, the Secretary of Edu6 cation, in collaboration with the Secretary of the Interior, 

7 shall conduct a study regarding elementary and secondary 

8 education in rural or poverty areas of Indian country. 

9 (b) REPORT.—By not later than 270 days after the 

10 date of enactment of this Act, the Secretary of Education, 

11 in collaboration with the Secretary of the Interior, shall 

12 prepare and submit to Congress a report on the study de13 scribed in subsection (a) that— 

14 (1) includes the findings of the study; 

15 (2) identifies barriers to autonomy that Indian 

16 tribes have within elementary schools and secondary 

17 schools funded or operated by the Bureau of Indian 

18 Education; 

19 (3) identifies recruitment and retention options 

20 for highly effective teachers and school administra21 tors for elementary school and secondary schools in 

22 rural or poverty areas of Indian country; 

23 (4) identifies the limitations in funding sources 

24 and flexibility for such schools; and 

25 (5) provides strategies on how to increase high 

26 school graduation rates in such schools, in order to 
846 

†S 1177 ES

1 increase the high school graduation rate for students 

2 at such schools. 

3 (c) DEFINITIONS.—In this section: 

4 (1) ESEA DEFINITIONS.—The terms ‘‘elemen5 tary school’’, ‘‘high school’’, and ‘‘secondary school’’ 

6 shall have the meanings given the terms in section 

7 9101 of the Elementary and Secondary Education 

8 Act of 1965 (20 U.S.C. 7801). 

9 (2) INDIAN COUNTRY.—The term ‘‘Indian coun10 try’’ has the meaning given the term in section 1151 

11 of title 18, United States Code. 

12 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

13 has the meaning given the term in section 4 of the 

14 Indian Self-Determination and Education Assistance 

15 Act (25 U.S.C. 450b). 

16 SEC. 7007. REPORT ON RESPONSES TO INDIAN STUDENT 

17 SUICIDES. 

18 (a) PREPARATION.— 

19 (1) IN GENERAL.—The Secretary of Education, 

20 in coordination with the Secretary of the Interior 

21 and the Secretary of Health and Human Services, 

22 shall prepare a report on efforts to address out23 breaks of suicides among elementary school and sec24 ondary school students (referred to in this section as 

25 ‘‘student suicides’’) that occurred within 1 year prior 
847 

†S 1177 ES

1 to the date of enactment of this Act in Indian coun2 try (as defined in section 1151 of title 18, United 

3 States Code). 

4 (2) CONTENTS.—The report shall include infor5 mation on— 

6 (A) the Federal response to the occurrence 

7 of high numbers of student suicides in Indian 

8 country (as so defined); 

9 (B) a list of Federal resources available to 

10 prevent and respond to outbreaks of student 

11 suicides, including the availability and use of 

12 tele-behavioral health care; 

13 (C) any barriers to timely implementation 

14 of programs or interagency collaboration re15 garding student suicides; 

16 (D) interagency collaboration efforts to 

17 streamline access to programs regarding stu18 dent suicides, including information on how the 

19 Department of Education, the Department of 

20 the Interior, and the Department of Health and 

21 Human Services work together on administra22 tion of such programs; 

23 (E) recommendations to improve or con24 solidate resources or programs described in sub25 paragraph (B) or (D); and 
848 

†S 1177 ES

1 (F) feedback from Indian tribes to the 

2 Federal response described in subparagraph 

3 (A). 

4 (b) SUBMISSION.—Not later than 90 days after the 

5 date of enactment of this Act, the Secretary of Education 

6 shall submit the report described in subsection (a) to the 

7 appropriate committees of Congress. 

8 TITLE VIII—IMPACT AID 

9 SEC. 8001. PURPOSE. 

10 Section 8001 (20 U.S.C. 7701) is amended in the 

11 matter preceding paragraph (1), by striking ‘‘challenging 

12 State standards’’ and inserting ‘‘the same challenging 

13 State academic standards’’. 

14 SEC. 8002. AMENDMENT TO IMPACT AID IMPROVEMENT 

15 ACT OF 2012. 

16 Section 563(c) of the National Defense Authorization 

17 Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 

18 1748; 20 U.S.C. 7702 note) is amended— 

19 (1) by striking paragraphs (1) and (4); and 

20 (2) by redesignating paragraphs (2) and (3) as 

21 paragraphs (1) and (2), respectively. 

22 SEC. 8003. PAYMENTS RELATING TO FEDERAL ACQUISI23 TION OF REAL PROPERTY. 

24 Section 8002 (20 U.S.C. 7702) is amended— 
849 

†S 1177 ES

1 (1) in subsection (b)(3), by striking subpara2 graph (B) and inserting the following: 

3 ‘‘(B) SPECIAL RULE.—In the case of Fed4 eral property eligible under this section that is 

5 within the boundaries of 2 or more local edu6 cational agencies that are eligible under this 

7 section, any of such agencies may ask the Sec8 retary to calculate (and the Secretary shall cal9 culate) the taxable value of the eligible Federal 

10 property that is within its boundaries by— 

11 ‘‘(i) first calculating the per-acre 

12 value of the eligible Federal property sepa13 rately for each eligible local educational 

14 agency that shared the Federal property, 

15 as provided in subparagraph (A)(ii); 

16 ‘‘(ii) then averaging the resulting per17 acre values of the eligible Federal property 

18 from each eligible local educational agency 

19 that shares the Federal property; and 

20 ‘‘(iii) then applying the average per21 acre value to determine the total taxable 

22 value of the eligible Federal property under 

23 subparagraph (A)(iii) for the requesting 

24 local educational agency.’’; 
850 

†S 1177 ES

1 (2) in subsection (e)(2), by adding at the end 

2 the following: ‘‘For each fiscal year beginning with 

3 fiscal year 2015, the Secretary shall treat local edu4 cational agencies chartered in 1871 having more 

5 than 70 percent of the county in Federal ownership 

6 as meeting the eligibility requirements of subpara7 graphs (A) and (C) of subsection (a)(1). For each 

8 fiscal year beginning with fiscal year 2015, the Sec9 retary shall treat local educational agencies that 

10 serve a county chartered or formed in 1734 having 

11 more than 24 percent of the county in Federal own12 ership as meeting the eligibility requirements of sub13 paragraphs (A) and (C) of subsection (a)(1).’’; 

14 (3) by striking subsection (f) and inserting the 

15 following: 

16 ‘‘(f) SPECIAL RULE.—Beginning with fiscal year 

17 2015, a local educational agency shall be deemed to meet 

18 the requirements of subsection (a)(1)(C) if the agency was 

19 eligible under paragraph (1) or (3) of this subsection, as 

20 such subsection was in effect on the day before the date 

21 of enactment of the Every Child Achieves Act of 2015.’’; 

22 (4) in subsection (h)(4), by striking ‘‘For each 

23 local educational agency that received a payment 

24 under this section for fiscal year 2010 through the 

25 fiscal year in which the Impact Aid Improvement 
851 

†S 1177 ES

1 Act of 2012 is enacted’’ and inserting ‘‘For each 

2 local educational agency that received a payment 

3 under this section for fiscal year 2010 or any suc4 ceeding fiscal year’’; 

5 (5) by striking subsection (k); and 

6 (6) by redesignating subsections (l), (m), and 

7 (n), as subsections (j), (k), and (l), respectively. 

8 SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY CON9 NECTED CHILDREN. 

10 Section 8003 (20 U.S.C. 7703) is amended— 

11 (1) in subsection (a)(5)(A), by striking ‘‘to be 

12 children’’ and all that follows through the period at 

13 the end and inserting ‘‘or under lease of off-base 

14 property under subchapter IV of chapter 169 of title 

15 10, United States Code, to be children described 

16 under paragraph (1)(B), if the property described 

17 is—’’ 

18 ‘‘(i) within the fenced security perim19 eter of the military facility; or 

20 ‘‘(ii) attached to, and under any type 

21 of force protection agreement with, the 

22 military installation upon which such hous23 ing is situated.;’’. 

24 (2) in subsection (b)— 

25 (A) in paragraph (1)— 
852 

†S 1177 ES

1 (i) by striking subparagraph (E); and 

2 (ii) by redesignating subparagraphs 

3 (F) and (G) as subparagraphs (E) and 

4 (F), respectively; 

5 (B) in paragraph (2), by striking subpara6 graphs (B) through (H) and inserting the fol7 lowing: 

8 ‘‘(B) ELIGIBILITY FOR HEAVILY IMPACTED

9 LOCAL EDUCATIONAL AGENCIES.— 

10 ‘‘(i) IN GENERAL.—A heavily im11 pacted local educational agency is eligible 

12 to receive a basic support payment under 

13 subparagraph (A) with respect to a num14 ber of children determined under sub15 section (a)(1) if the agency— 

16 ‘‘(I) is a local educational agen17 cy— 

18 ‘‘(aa) whose boundaries are 

19 the same as a Federal military 

20 installation or an island property 

21 designated by the Secretary of 

22 the Interior to be property that is 

23 held in trust by the Federal Gov24 ernment; and 
853 

†S 1177 ES

1 ‘‘(bb) that has no taxing au2 thority; 

3 ‘‘(II) is a local educational agen4 cy that— 

5 ‘‘(aa) has an enrollment of 

6 children described in subsection 

7 (a)(1) that constitutes a percent8 age of the total student enroll9 ment of the agency that is not 

10 less than 45 percent; 

11 ‘‘(bb) has a per-pupil ex12 penditure that is less than— 

13 ‘‘(AA) for an agency 

14 that has a total student en15 rollment of 500 or more stu16 dents, 125 percent of the av17 erage per-pupil expenditure 

18 of the State in which the 

19 agency is located; or 

20 ‘‘(BB) for any agency 

21 that has a total student en22 rollment less than 500, 150 

23 percent of the average per24 pupil expenditure of the 

25 State in which the agency is 
854 

†S 1177 ES

1 located or the average per2 pupil expenditure of 3 or 

3 more comparable local edu4 cational agencies in the 

5 State in which the agency is 

6 located; and 

7 ‘‘(cc) is an agency that— 

8 ‘‘(AA) has a tax rate 

9 for general fund purposes 

10 that is not less than 95 per11 cent of the average tax rate 

12 for general fund purposes of 

13 comparable local educational 

14 agencies in the State; or 

15 ‘‘(BB) was eligible to 

16 receive a payment under this 

17 subsection for fiscal year 

18 2013 and is located in a 

19 State that by State law has 

20 eliminated ad valorem tax as 

21 a revenue for local edu22 cational agencies; 

23 ‘‘(III) is a local educational agen24 cy that— 
855 

†S 1177 ES

1 ‘‘(aa) has a tax rate for gen2 eral fund purposes which is not 

3 less than 125 percent of the aver4 age tax rate for general fund 

5 purposes for comparable local 

6 educational agencies in the State; 

7 and 

8 ‘‘(bb)(AA) has an enrollment 

9 of children described in sub10 section (a)(1) that constitutes a 

11 percentage of the total student 

12 enrollment of the agency that is 

13 not less than 30 percent; or 

14 ‘‘(BB) has an enrollment of 

15 children described in subsection 

16 (a)(1) that constitutes a percent17 age of the total student enroll18 ment of the agency that is not 

19 less than 20 percent, and for the 

20 3 fiscal years preceding the fiscal 

21 year for which the determination 

22 is made, the average enrollment 

23 of children who are not described 

24 in subsection (a)(1) and who are 

25 eligible for a free or reduced 
856 

†S 1177 ES

1 price lunch under the Richard B. 

2 Russell National School Lunch 

3 Act constitutes a percentage of 

4 the total student enrollment of 

5 the agency that is not less than 

6 65 percent; 

7 ‘‘(IV) is a local educational agen8 cy that has a total student enrollment 

9 of not less than 25,000 students, of 

10 which— 

11 ‘‘(aa) not less than 50 per12 cent are children described in 

13 subsection (a)(1); and 

14 ‘‘(bb) not less than 5,000 of 

15 such children are children de16 scribed in subparagraphs (A) and 

17 (B) of subsection (a)(1); or 

18 ‘‘(V) is a local educational agency 

19 that— 

20 ‘‘(aa) has an enrollment of 

21 children described in subsection 

22 (a)(1) including, for purposes of 

23 determining eligibility, those chil24 dren described in subparagraphs 

25 (F) and (G) of such subsection, 
857 

†S 1177 ES

1 that is not less than 35 percent 

2 of the total student enrollment of 

3 the agency; 

4 ‘‘(bb) has a per-pupil ex5 penditure that is less than the 

6 average per-pupil expenditure of 

7 the State in which the agency is 

8 located or the average per-pupil 

9 expenditure of all States (which10 ever average per-pupil expendi11 ture is greater), except that a 

12 local educational agency with a 

13 total student enrollment of less 

14 than 350 students shall be 

15 deemed to have satisfied such 

16 per-pupil expenditure require17 ment, and has a tax rate for gen18 eral fund purposes which is not 

19 less than 95 percent of the aver20 age tax rate for general fund 

21 purposes of local educational 

22 agencies in the State; and 

23 ‘‘(cc) was eligible to receive 

24 assistance under subparagraph 

25 (A) for fiscal year 2001. 
858 

†S 1177 ES

1 ‘‘(ii) LOSS OF ELIGIBILITY.— 

2 ‘‘(I) IN GENERAL.—Subject to 

3 subclause (II), a heavily impacted 

4 local educational agency that met the 

5 requirements of clause (i) for a fiscal 

6 year shall be ineligible to receive a 

7 basic support payment under subpara8 graph (A) if the agency fails to meet 

9 the requirements of clause (i) for a 

10 subsequent fiscal year, except that 

11 such agency shall continue to receive 

12 a basic support payment under this 

13 paragraph for the fiscal year for 

14 which the ineligibility determination is 

15 made. 

16 ‘‘(II) LOSS OF ELIGIBILITY DUE

17 TO FALLING BELOW 95 PERCENT OF

18 THE AVERAGE TAX RATE FOR GEN19 ERAL FUND PURPOSES.—In a case of 

20 a heavily impacted local educational 

21 agency that is eligible to receive a 

22 basic support payment under subpara23 graph (A), but that has had, for 2 

24 consecutive fiscal years, a tax rate for 

25 general fund purposes that falls below 
859 

†S 1177 ES

1 95 percent of the average tax rate for 

2 general fund purposes of comparable 

3 local educational agencies in the 

4 State, such agency shall be deter5 mined to be ineligible under clause (i) 

6 and ineligible to receive a basic sup7 port payment under subparagraph (A) 

8 for each fiscal year succeeding such 2 

9 consecutive fiscal years for which the 

10 agency has such a tax rate for general 

11 fund purposes, and until the fiscal 

12 year for which the agency resumes 

13 such eligibility in accordance with 

14 clause (iii). 

15 ‘‘(III) TAKEN OVER BY STATE

16 BOARD OF EDUCATION.—In the case 

17 of a heavily impacted local educational 

18 agency that is eligible to receive a 

19 basic support payment under subpara20 graph (A), but that has been taken 

21 over by a State board of education in 

22 2 previous years, such agency shall be 

23 deemed to maintain heavily impacted 

24 status for 2 fiscal years following the 
860 

†S 1177 ES

1 date of enactment of the Every Child 

2 Achieves Act of 2015. 

3 ‘‘(iii) RESUMPTION OF ELIGIBILITY.— 

4 A heavily impacted local educational agen5 cy described in clause (i) that becomes in6 eligible under such clause for 1 or more 

7 fiscal years may resume eligibility for a 

8 basic support payment under this para9 graph for a subsequent fiscal year only if 

10 the agency meets the requirements of 

11 clause (i) for that subsequent fiscal year, 

12 except that such agency shall not receive a 

13 basic support payment under this para14 graph until the fiscal year succeeding the 

15 fiscal year for which the eligibility deter16 mination is made. 

17 ‘‘(C) MAXIMUM AMOUNT FOR HEAVILY IM18 PACTED LOCAL EDUCATIONAL AGENCIES.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided in subparagraph (D), the maximum 

21 amount that a heavily impacted local edu22 cational agency is eligible to receive under 

23 this paragraph for any fiscal year is the 

24 sum of the total weighted student units, as 

25 computed under subsection (a)(2) and sub-
861 

†S 1177 ES

1 ject to clause (ii), multiplied by the greater 

2 of— 

3 ‘‘(I) four-fifths of the average 

4 per-pupil expenditure of the State in 

5 which the local educational agency is 

6 located for the third fiscal year pre7 ceding the fiscal year for which the 

8 determination is made; or 

9 ‘‘(II) four-fifths of the average 

10 per-pupil expenditure of all of the 

11 States for the third fiscal year pre12 ceding the fiscal year for which the 

13 determination is made. 

14 ‘‘(ii) CALCULATION OF WEIGHTED

15 STUDENT UNITS.— 

16 ‘‘(I) IN GENERAL.— 

17 ‘‘(aa) IN GENERAL.—For a 

18 local educational agency in which 

19 35 percent or more of the total 

20 student enrollment of the schools 

21 of the agency are children de22 scribed in subparagraph (D) or 

23 (E) (or a combination thereof) of 

24 subsection (a)(1), and that has 

25 an enrollment of children de-
862 

†S 1177 ES

1 scribed in subparagraph (A), (B), 

2 or (C) of such subsection equal 

3 to at least 10 percent of the 

4 agency’s total enrollment, the 

5 Secretary shall calculate the 

6 weighted student units of those 

7 children described in subpara8 graph (D) or (E) of such sub9 section by multiplying the num10 ber of such children by a factor 

11 of 0.55. 

12 ‘‘(bb) EXCEPTION.—Not13 withstanding item (aa), a local 

14 educational agency that received 

15 a payment under this paragraph 

16 for fiscal year 2013 shall not be 

17 required to have an enrollment of 

18 children described in subpara19 graph (A), (B), or (C) of sub20 section (a)(1) equal to at least 10 

21 percent of the agency’s total en22 rollment and shall be eligible for 

23 the student weight as provided 

24 for in item (aa). 
863 

†S 1177 ES

1 ‘‘(II) ENROLLMENT OF 100 OR

2 FEWER CHILDREN.—For a local edu3 cational agency that has an enroll4 ment of 100 or fewer children de5 scribed in subsection (a)(1), the Sec6 retary shall calculate the total number 

7 of weighted student units for purposes 

8 of subsection (a)(2) by multiplying the 

9 number of such children by a factor of 

10 1.75. 

11 ‘‘(III) ENROLLMENT OF MORE

12 THAN 100 CHILDREN BUT LESS THAN

13 1000.—For a local educational agency 

14 that is not described under subpara15 graph (B)(i)(I) and has an enrollment 

16 of more than 100 but not more than 

17 1,000 children described in subsection 

18 (a)(1), the Secretary shall calculate 

19 the total number of weighted student 

20 units for purposes of subsection (a)(2) 

21 by multiplying the number of such 

22 children by a factor of 1.25. 

23 ‘‘(D) MAXIMUM AMOUNT FOR LARGE

24 HEAVILY IMPACTED LOCAL EDUCATIONAL

25 AGENCIES.— 
864 

†S 1177 ES

1 ‘‘(i) IN GENERAL.— 

2 ‘‘(I) IN GENERAL.—Subject to 

3 clause (ii), the maximum amount that 

4 a heavily impacted local educational 

5 agency described in subclause (II) is 

6 eligible to receive under this para7 graph for any fiscal year shall be de8 termined in accordance with the for9 mula described in paragraph (1)(C). 

10 ‘‘(II) HEAVILY IMPACTED LOCAL

11 EDUCATIONAL AGENCY.—A heavily 

12 impacted local educational agency de13 scribed in this subclause is a local 

14 educational agency that has a total 

15 student enrollment of not less than 

16 25,000 students, of which not less 

17 than 50 percent are children described 

18 in subsection (a)(1) and not less than 

19 5,000 of such children are children 

20 described in subparagraphs (A) and 

21 (B) of subsection (a)(1). 

22 ‘‘(ii) FACTOR.—For purposes of calcu23 lating the maximum amount described in 

24 clause (i), the factor used in determining 

25 the weighted student units under sub-
865 

†S 1177 ES

1 section (a)(2) with respect to children de2 scribed in subparagraphs (A) and (B) of 

3 subsection (a)(1) shall be 1.35. 

4 ‘‘(E) DATA.—For purposes of providing 

5 assistance under this paragraph the Secretary 

6 shall use student, revenue, expenditure, and tax 

7 data from the third fiscal year preceding the 

8 fiscal year for which the local educational agen9 cy is applying for assistance under this para10 graph. 

11 ‘‘(F) DETERMINATION OF AVERAGE TAX

12 RATES FOR GENERAL FUND PURPOSES.— 

13 ‘‘(i) IN GENERAL.—Except as pro14 vided in clause (ii), for the purpose of de15 termining the average tax rates for general 

16 fund purposes for local educational agen17 cies in a State under this paragraph, the 

18 Secretary shall use either— 

19 ‘‘(I) the average tax rate for gen20 eral fund purposes for comparable 

21 local educational agencies, as deter22 mined by the Secretary in regulations; 

23 or 
866 

†S 1177 ES

1 ‘‘(II) the average tax rate of all 

2 the local educational agencies in the 

3 State. 

4 ‘‘(ii) FISCAL YEARS 2010–2015.— 

5 ‘‘(I) IN GENERAL.—For fiscal 

6 years 2010 through 2015, any local 

7 educational agency that was found in8 eligible to receive a payment under 

9 subparagraph (A) because the Sec10 retary determined that it failed to 

11 meet the average tax rate requirement 

12 for general fund purposes in subpara13 graph (B)(i)(II)(cc)(AA), shall be con14 sidered to have met that requirement, 

15 if its State determined, through an al16 ternate calculation of average tax 

17 rates for general fund purposes, that 

18 such local educational agency met 

19 that requirement. 

20 ‘‘(II) SUBSEQUENT FISCAL

21 YEARS AFTER 2015.—For any suc22 ceeding fiscal year after 2015, any 

23 local educational agency identified in 

24 subclause (I) may continue to have its 

25 State use that alternate methodology 
867 

†S 1177 ES

1 to calculate whether the average tax 

2 rate requirement for general fund 

3 purposes under subparagraph 

4 (B)(i)(II)(cc)(AA) is met. 

5 ‘‘(III) AVAILABILITY OF

6 FUNDS.—Notwithstanding any other 

7 provision of law limiting the period 

8 during which the Secretary may obli9 gate funds appropriated for any fiscal 

10 year after 2012, the Secretary shall 

11 reserve an amount equal to a total of 

12 $14,000,000 from funds that remain 

13 unobligated under this section from 

14 fiscal years 2013 or 2014 in order to 

15 make payments under this clause for 

16 fiscal years 2011 through 2014. 

17 ‘‘(G) ELIGIBILITY FOR HEAVILY IMPACTED

18 LOCAL EDUCATIONAL AGENCIES AFFECTED BY

19 PRIVATIZATION OF MILITARY HOUSING.— 

20 ‘‘(i) ELIGIBILITY.—For any fiscal 

21 year, a heavily impacted local educational 

22 agency that received a basic support pay23 ment under this paragraph for the prior 

24 fiscal year, but is ineligible for such pay25 ment for the current fiscal year under sub-
868 

†S 1177 ES

1 paragraph (B), (C), or (D), as the case 

2 may be, due to of the conversion of mili3 tary housing units to private housing de4 scribed in clause (iii), or as the direct re5 sult of base realignment and closure or 

6 modularization as determined by the Sec7 retary of Defense and force structure 

8 change or force relocation, shall be deemed 

9 to meet the eligibility requirements under 

10 subparagraph (B) or (C), as the case may 

11 be, for the period during which the housing 

12 units are undergoing such conversion or 

13 during such time as activities associated 

14 with base closure and realignment, 

15 modularization, force structure change, or 

16 force relocation are ongoing. 

17 ‘‘(ii) AMOUNT OF PAYMENT.—The 

18 amount of a payment to a heavily impacted 

19 local educational agency for a fiscal year 

20 by reason of the application of clause (i), 

21 and calculated in accordance with subpara22 graph (C) or (D), as the case may be, shall 

23 be based on the number of children in av24 erage daily attendance in the schools of 

25 such agency for the fiscal year and under 
869 

†S 1177 ES

1 the same provisions of subparagraph (C) 

2 or (D) under which the agency was paid 

3 during the prior fiscal year. 

4 ‘‘(iii) CONVERSION OF MILITARY

5 HOUSING UNITS TO PRIVATE HOUSING DE6 SCRIBED.—For purposes of clause (i), 

7 ‘conversion of military housing units to 

8 private housing’ means the conversion of 

9 military housing units to private housing 

10 units pursuant to subchapter IV of chapter 

11 169 of title 10, United States Code, or 

12 pursuant to any other related provision of 

13 law.’’; and 

14 (C) in paragraph (3)— 

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

16 clause (iii) and inserting the following: 

17 ‘‘(iii) In the case of a local educational 

18 agency providing a free public education to stu19 dents enrolled in kindergarten through grade 

20 12, that enrolls students described in subpara21 graphs (A), (B), and (D) of subsection (a)(1) 

22 only in grades 9 through 12, and that received 

23 a final payment in fiscal year 2009 calculated 

24 under this paragraph (as this paragraph was in 

25 effect on the day before the date of enactment 
870 

†S 1177 ES

1 of the Every Child Achieves Act of 2015) for 

2 students in grades 9 through 12, the Secretary 

3 shall, in calculating the agency’s payment, con4 sider only that portion of such agency’s total 

5 enrollment of students in grades 9 through 12 

6 when calculating the percentage under clause 

7 (i)(I) and only that portion of the total current 

8 expenditures attributed to the operation of 

9 grades 9 through 12 in such agency when cal10 culating the percentage under clause (i)(II).’’; 

11 (ii) in subparagraph (C), by striking 

12 ‘‘subparagraph (D) or (E) of paragraph 

13 (2),’’ and inserting ‘‘subparagraph (C) or 

14 (D) of paragraph (2)’’; and 

15 (iii) by striking subparagraph (D) and 

16 inserting the following: 

17 ‘‘(D) RATABLE DISTRIBUTION.—For fiscal 

18 years described in subparagraph (A), for which 

19 the sums available exceed the amount required 

20 to pay each local educational agency 100 per21 cent of its threshold payment, the Secretary 

22 shall distribute the excess sums to each eligible 

23 local educational agency that has not received 

24 its full amount computed under paragraphs (1) 

25 or (2) (as the case may be) by multiplying— 
871 

†S 1177 ES

1 ‘‘(i) a percentage, the denominator of 

2 which is the difference between the full 

3 amount computed under paragraph (1) or 

4 (2) (as the case may be) for all local edu5 cational agencies and the amount of the 

6 threshold payment (as calculated under 

7 subparagraphs (B) and (C)) of all local 

8 educational agencies, and the numerator of 

9 which is the aggregate of the excess sums, 

10 by 

11 ‘‘(ii) the difference between the full 

12 amount computed under paragraph (1) or 

13 (2) (as the case may be) for the agency 

14 and the amount of the threshold payment 

15 (as calculated under subparagraphs (B) or 

16 (C)) of the agency, except that no local 

17 educational agency shall receive more than 

18 100 percent of the maximum payment cal19 culated under subparagraphs (C) or (D) of 

20 paragraph (2). 

21 ‘‘(E) INSUFFICIENT PAYMENTS.—For each 

22 fiscal year described in subparagraph (A) for 

23 which the sums appropriated are insufficient to 

24 pay each local educational agency all of the 

25 local educational agency’s threshold payment 
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1 described in subparagraph (B), the Secretary 

2 shall ratably reduce the payment to each local 

3 educational agency under this paragraph. 

4 ‘‘(F) PROVISION OF TAX RATE AND RE5 SULTING PERCENTAGE.—The Secretary shall 

6 provide the local educational agency’s tax rate 

7 and the resulting percentage to each eligible 

8 local educational agency immediately following 

9 the payments of funds under paragraph (2).’’; 

10 and 

11 (D) in paragraph (4)(B), by striking ‘‘sub12 paragraph (D) or (E)’’ and inserting ‘‘subpara13 graph (C) or (D)’’; 

14 (3) in subsection (c), by striking paragraph (2) 

15 and inserting the following: 

16 ‘‘(2) EXCEPTION.—Calculation of payments for 

17 a local educational agency shall be based on data 

18 from the fiscal year for which the agency is making 

19 an application for payment if such agency— 

20 ‘‘(A) is newly established by a State, for 

21 the first year of operation of such agency only; 

22 ‘‘(B) was eligible to receive a payment 

23 under this section for the previous fiscal year 

24 and has had an overall increase in enrollment 

25 (as determined by the Secretary in consultation 
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†S 1177 ES

1 with the Secretary of Defense, the Secretary of 

2 Interior, or the heads of other Federal agen3 cies)— 

4 ‘‘(i) of not less than 10 percent, or 

5 100 students, of children described in— 

6 ‘‘(I) subparagraph (A), (B), (C), 

7 or (D) of subsection (a)(1); or 

8 ‘‘(II) subparagraphs (F) and (G) 

9 of subsection (a)(1), but only to the 

10 extent such children are civilian de11 pendents of employees of the Depart12 ment of Defense or the Department of 

13 Interior; and 

14 ‘‘(ii) that is the direct result of closure 

15 or realignment of military installations 

16 under the base closure process or the relo17 cation of members of the Armed Forces 

18 and civilian employees of the Department 

19 of Defense as part of the force structure 

20 changes or movements of units or per21 sonnel between military installations or be22 cause of actions initiated by the Secretary 

23 of the Interior or the head of another Fed24 eral agency; or 
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†S 1177 ES

1 ‘‘(C) was eligible to receive a payment 

2 under this section for the previous fiscal year 

3 and has had an increase in enrollment (as de4 termined by the Secretary)— 

5 ‘‘(i) of not less than 10 percent of 

6 children described in subsection (a)(1) or 

7 not less than 100 of such children; and 

8 ‘‘(ii) that is the direct result of the 

9 closure of a local educational agency that 

10 received a payment under subsection (b)(1) 

11 or (b)(2) in the previous fiscal year.’’; 

12 (4) in subsection (d)— 

13 (A) in the subsection heading, by striking 

14 ‘‘CHILDREN’’ and inserting ‘‘STUDENTS’’; 

15 (B) in paragraph (1), by striking ‘‘chil16 dren’’ both places the term appears and insert17 ing ‘‘students’’; and 

18 (C) in paragraph (2), by striking ‘‘chil19 dren’’ and inserting ‘‘students’’; 

20 (5) in subsection (e)— 

21 (A) by striking paragraphs (1) and (2) and 

22 inserting the following: 

23 ‘‘(1) IN GENERAL.— 

24 ‘‘(A) IN GENERAL.—In the case of any 

25 local educational agency whose payment under 
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1 subsection (b) for a fiscal year is determined to 

2 be reduced by an amount greater than 

3 $5,000,000 or by 20 percent, as compared to 

4 the amount received for the previous fiscal year, 

5 the Secretary shall, subject to subparagraph 

6 (B), pay a local educational agency, for each of 

7 the 3 years following the reduction under sub8 section (b), the amount determined under sub9 paragraph (B). 

10 ‘‘(B) AMOUNT OF REDUCTION.—Subject to 

11 subparagraph (C), a local educational agency 

12 described in subparagraph (A) shall receive— 

13 ‘‘(i) for the first year for which the re14 duced payment is determined, an amount 

15 that is not less than 90 percent of the total 

16 amount that the local educational agency 

17 received under paragraph (1) or (2) of sub18 section (b) for the fiscal year prior to the 

19 reduction (referred to in this paragraph as 

20 the ‘base year’); 

21 ‘‘(ii) for the second year following 

22 such reduction, an amount that is not less 

23 than 85 percent of the total amount that 

24 the local educational agency received under 
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†S 1177 ES

1 paragraph (1) or (2) of subsection (b) for 

2 the base year; and 

3 ‘‘(iii) for the third year following such 

4 reduction, an amount that is not less than 

5 80 percent of the total amount that the 

6 local educational agency received under 

7 paragraph (1) or (2) of subsection (b) for 

8 the base year. 

9 ‘‘(C) SPECIAL RULE.—For any fiscal year 

10 for which a local educational agency would be 

11 subject to a reduced payment under clause (ii) 

12 or (iii) of subparagraph (B), but the total 

13 amount of the payment for which the local edu14 cational agency is eligible under subsection (b) 

15 for that fiscal year is greater than the amount 

16 that initially subjected the local educational 

17 agency to the requirements of this subsection, 

18 the Secretary shall pay the greater amount to 

19 the local educational agency for such year.’’; 

20 and 

21 (B) by redesignating paragraph (3) as 

22 paragraph (2); and 

23 (6) by striking subsection (g). 
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1 SEC. 8005. POLICIES AND PROCEDURES RELATING TO 

2 CHILDREN RESIDING ON INDIAN LANDS. 

3 Section 8004(e)(9) (20 U.S.C. 7704(e)(9)) is amend4 ed by striking ‘‘Affairs’’ both places the term appears and 

5 inserting ‘‘Education’’. 

6 SEC. 8006. APPLICATION FOR PAYMENTS UNDER SECTIONS 

7 8002 AND 8003. 

8 Section 8005 (20 U.S.C. 7705) is amended— 

9 (1) in subsection (b), in the matter preceding 

10 paragraph (1), by striking ‘‘, and shall contain such 

11 information,’’; 

12 (2) by redesignating subsections (c) and (d) as 

13 subsections (d) and (e), respectively; 

14 (3) by inserting after subsection (b) the fol15 lowing: 

16 ‘‘(c) STUDENT COUNT.—In collecting information to 

17 determine the eligibility of a local educational agency and 

18 the number of federally connected children for the local 

19 educational agency, the Secretary shall, in addition to any 

20 options provided under section 222.35 of title 34, Code 

21 of Federal Regulations, or a successor regulation, allow 

22 a local educational agency to count the number of such 

23 children served by the agency as of the date by which the 

24 agency requires all students to register for the school year 

25 of the fiscal year for which the application is filed.’’; and 
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†S 1177 ES

1 (4) in subsection (d), by striking ‘‘subsection 

2 (c)’’ and inserting ‘‘subsection (d)’’ each place the 

3 term appears. 

4 SEC. 8007. CONSTRUCTION. 

5 Section 8007 (20 U.S.C. 7707(b)) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1), by striking ‘‘section 

8 8014(e)’’ and inserting ‘‘section 8014(d)’’; and 

9 (B) in paragraph (3)— 

10 (i) in subparagraph (A)(i)— 

11 (I) by redesignating the first sub12 clause (II) as subclause (I); and 

13 (II) by striking ‘‘section 8014(e)’’ 

14 and inserting ‘‘section 8014(d)’’; and 

15 (ii) in subparagraph (B)(i)(I), by 

16 striking ‘‘section 8014(e)’’ and inserting 

17 ‘‘section 8014(d)’’; and 

18 (2) in subsection (b)— 

19 (A) in paragraph (1), in the matter pre20 ceding subparagraph (A), by striking ‘‘section 

21 8014(e)’’ and inserting ‘‘section 8014(d)’’; 

22 (B) in paragraph (3)(C)(i)(I), by adding at 

23 the end the following: 

24 ‘‘(cc) Not less than 10 percent of 

25 the property in the agency is exempt 
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†S 1177 ES

1 from State and local taxation under 

2 Federal law.’’; and 

3 (C) in paragraph (6), by striking subpara4 graph (F). 

5 SEC. 8008. FACILITIES. 

6 Section 8008(a) (20 U.S.C. 7708) is amended by 

7 striking ‘‘section 8014(f)’’ and inserting ‘‘section 

8 8014(e)’’. 

9 SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PRO10 VIDING STATE AID. 

11 Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is 

12 amended by striking ‘‘and contain the information’’. 

13 SEC. 8010. DEFINITIONS. 

14 Section 8013(5)(A) (20 U.S.C. 7713(5)(A)) is 

15 amended— 

16 (1) in clause (ii), by striking subclause (III) 

17 and inserting the following: 

18 ‘‘(III) conveyed at any time under the 

19 Alaska Native Claims Settlement Act to a 

20 Native individual, Native group, or village 

21 or regional corporation (including single 

22 family occupancy properties that may have 

23 been subsequently sold or leased to a third 

24 party), except that property that is con25 veyed under such Act— 
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†S 1177 ES

1 ‘‘(aa) that is not taxed is, for the 

2 purposes of this paragraph, consid3 ered tax-exempt due to Federal law; 

4 and 

5 ‘‘(bb) is considered Federal prop6 erty for the purpose of this paragraph 

7 if the property is located within a Re8 gional Educational Attendance Area’’; 

9 and 

10 (2) in clause (iii)— 

11 (A) in subclause (II), by striking ‘‘Stewart 

12 B. McKinney Homeless Assistance Act’’ and in13 serting ‘‘McKinney-Vento Homeless Assistance 

14 Act (42 U.S.C. 11411)’’; and 

15 (B) by striking subclause (III) and insert16 ing the following: 

17 ‘‘(III) used for affordable housing as18 sisted under the Native American Housing 

19 Assistance and Self-Determination Act of 

20 1996 (25 U.S.C. 4101 et seq.); or’’. 

21 SEC. 8011. AUTHORIZATION OF APPROPRIATIONS. 

22 Section 8014 (20 U.S.C. 7714) is amended— 

23 (1) in subsection (a), by striking ‘‘$32,000,000 

24 for fiscal year 2000 and such sums as may be nec25 essary for each of the seven succeeding fiscal years’’ 
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†S 1177 ES

1 and inserting ‘‘such sums as may be necessary for 

2 each of fiscal years 2016 through 2021’’; 

3 (2) in subsection (b), by striking 

4 ‘‘$809,400,000 for fiscal year 2000 and such sums 

5 as may be necessary for each of the seven succeeding 

6 fiscal years’’ and inserting ‘‘such sums as may be 

7 necessary for each of fiscal years 2016 through 

8 2021’’; 

9 (3) in subsection (c), by striking ‘‘$50,000,000 

10 for fiscal year 2000 and such sums as may be nec11 essary for each of the seven succeeding fiscal years’’ 

12 and inserting ‘‘such sums as may be necessary for 

13 each of fiscal years 2016 through 2021’’; 

14 (4) by redesignating subsections (e) and (f) as 

15 subsections (d) and (e), respectively; 

16 (5) in subsection (d), as redesignated by para17 graph (4), by striking ‘‘$10,052,000 for fiscal year 

18 2000 and such sums as may be necessary for fiscal 

19 year 2001, $150,000,000 for fiscal year 2002, and 

20 such sums as may be necessary for each of the five 

21 succeeding fiscal years’’ and inserting ‘‘such sums as 

22 may be necessary for each of fiscal years 2016 

23 through 2021’’; and 

24 (6) in subsection (e), as redesignated by para25 graph (4), by striking ‘‘$5,000,000 for fiscal year 
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1 2000 and such sums as may be necessary for each 

2 of the seven succeeding fiscal years’’ and inserting 

3 ‘‘such sums as may be necessary for each of fiscal 

4 years 2016 through 2021’’. 

5 TITLE IX—GENERAL 

6 PROVISIONS 

7 SEC. 9101. DEFINITIONS. 

8 Section 9101 (20 U.S.C. 7801) is amended— 

9 (1) by striking paragraphs (3), (19), (23), (35), 

10 (36), (37), and (42); 

11 (2) by redesignating paragraphs (1), (2), (17), 

12 (18), (20), (21), (22),(24), (25), (26), (27), (28), 

13 (29), (30), (31), (32), (33), (34), (38), (39), (41), 

14 and (43) as paragraphs (2), (3), (20), (21), (26), 

15 (27), (28), (30), (22), (31), (32), (34), (35), (36), 

16 (38), (39), (40), (41), (43), (44), (47) and (48), re17 spectively, and by transferring such paragraph (22), 

18 as so redesignated, so as to follow such paragraph 

19 (21), as so redesignated; 

20 (3) by inserting before paragraph (2), as redes21 ignated by paragraph (2), the following: 

22 ‘‘(1) 4-YEAR ADJUSTED COHORT GRADUATION

23 RATE.—The term ‘4-year adjusted cohort graduation 

24 rate’ has the meaning given the term ‘four-year ad25 justed cohort graduation rate’ in section 
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†S 1177 ES

1 200.19(b)(1) of title 34, Code of Federal Regula2 tions, as such section was in effect on November 28, 

3 2008.’’; 

4 (4) by striking paragraph (11) and inserting 

5 the following: 

6 ‘‘(11) CORE ACADEMIC SUBJECTS.—The term 

7 ‘core academic subjects’ means English, reading or 

8 language arts, writing, science, technology, engineer9 ing, mathematics, foreign languages, civics and gov10 ernment, economics, arts, history, geography, com11 puter science, music, career and technical education, 

12 health, and physical education, and any other sub13 ject as determined by the State or local educational 

14 agency.’’; 

15 (5) in paragraph (13)— 

16 (A) by striking subparagraphs (B), (E), 

17 (G), and (K); 

18 (B) by redesignating subparagraphs (C), 

19 (D), (F), (H), (I), (J), and (L), as subpara20 graphs (B), (C), (D), (E), (F), (G), and (I), re21 spectively; and 

22 (C) by inserting after subparagraph (G), 

23 as redesignated by subparagraph (B), the fol24 lowing: 

25 ‘‘(H) part G of title V; and’’; 
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1 (6) by inserting after paragraph (16) the fol2 lowing: 

3 ‘‘(17) DUAL OR CONCURRENT ENROLLMENT.— 

4 The term ‘dual or concurrent enrollment’ means a 

5 course or program provided by an institution of 

6 higher education through which a student who has 

7 not graduated from high school with a regular high 

8 school diploma is able to earn postsecondary credit. 

9 ‘‘(18) EARLY CHILDHOOD EDUCATION PRO10 GRAM.—The term ‘early childhood education pro11 gram’ has the meaning given the term in section 103 

12 of the Higher Education Act of 1965. 

13 ‘‘(19) EARLY COLLEGE HIGH SCHOOL.—The 

14 term ‘early college high school’ means a formal part15 nership between at least one local educational agency 

16 and at least one institution of higher education that 

17 allows participants to simultaneously complete re18 quirements toward earning a regular high school di19 ploma and earn not less than 12 transferable credits 

20 as part of an organized course of study toward a 

21 postsecondary degree or credential at no cost to the 

22 participant or participant’s family.’’. 

23 (7) in paragraph (22), as redesignated and 

24 moved by paragraph (2)— 
885 

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1 (A) in the paragraph heading, by striking 

2 ‘‘LIMITED ENGLISH PROFICIENT’’ and inserting 

3 ‘‘ENGLISH LEARNER’’; 

4 (B) in the matter preceding subparagraph 

5 (A), by striking ‘‘limited English proficient’’ 

6 and inserting ‘‘English learner’’; and 

7 (C) in subparagraph (D)(i), by striking 

8 ‘‘State’s proficient level of achievement on State 

9 assessments described in section 1111(b)(3)’’ 

10 and inserting ‘‘challenging State academic 

11 standards described in section 1111(b)(1)’’; 

12 (8) by inserting after paragraph (22), as trans13 ferred and redesignated by paragraph (2), the fol14 lowing: 

15 ‘‘(23) EVIDENCE-BASED.— 

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

17 subparagraph (B), the term ‘evidence-based’, 

18 when used with respect to an activity, means an 

19 activity that— 

20 ‘‘(i) demonstrates a statistically sig21 nificant effect on improving student out22 comes or other relevant outcomes based 

23 on— 
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1 ‘‘(I) strong evidence from at least 

2 1 well-designed and well-implemented 

3 experimental study; 

4 ‘‘(II) moderate evidence from at 

5 least 1 well-designed and well-imple6 mented quasi-experimental study; or 

7 ‘‘(III) promising evidence from at 

8 least 1 well-designed and well-imple9 mented correlational study with statis10 tical controls for selection bias; or 

11 ‘‘(ii)(I) demonstrates a rationale that 

12 is based on high-quality research findings 

13 that such activity is likely to improve stu14 dent outcomes or other relevant outcomes; 

15 and 

16 ‘‘(II) includes ongoing efforts to ex17 amine the effects of such activity. 

18 ‘‘(B) DEFINITION FOR PART A OF TITLE

19 I.—For purposes of part A of title I, the term 

20 ‘evidence-based’, when used with respect to an 

21 activity, means an activity that meets the re22 quirements of subclause (I) or (II) of subpara23 graph (A)(i). 

24 ‘‘(24) EXPANDED LEARNING TIME.—The term 

25 ‘expanded learning time’ means using a longer 
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1 school day, week, or year schedule to significantly 

2 increase the total number of school hours, in order 

3 to include additional time for— 

4 ‘‘(A) instruction and enrichment in core 

5 academic subjects, other academic subjects, and 

6 other activities that contribute to a well-round7 ed education; and 

8 ‘‘(B) instructional and support staff to col9 laborate, plan, and engage in professional devel10 opment (including professional development on 

11 family and community engagement) within and 

12 across grades and subjects. 

13 ‘‘(25) EXTENDED-YEAR ADJUSTED COHORT

14 GRADUATION RATE.—The term ‘extended-year ad15 justed cohort graduation rate’ has the meaning given 

16 the term in section 200.19(b)(1)(v) of title 34, Code 

17 of Federal Regulations, as such section was in effect 

18 on November 28, 2008.’’; 

19 (9) by inserting after paragraph (28), as redes20 ignated by paragraph (2), the following: 

21 ‘‘(29) HIGH SCHOOL.—The term ‘high school’ 

22 means a secondary school that— 

23 ‘‘(A) grants a diploma, as defined by the 

24 State; and 

25 ‘‘(B) includes, at least, grade 12.’’; 
888 

†S 1177 ES

1 (10) in paragraph (31), as redesignated by 

2 paragraph (2), in subparagraph (C)— 

3 (A) in the subparagraph heading, by strik4 ing ‘‘BIA’’ and inserting ‘‘BIE’’; and 

5 (B) by striking ‘‘Affairs’’ both places the 

6 term appears and inserting ‘‘Education’’; 

7 (11) by inserting after paragraph (32), as re8 designated by paragraph (2), the following: 

9 ‘‘(33) MULTI-TIER SYSTEM OF SUPPORTS.—The 

10 term ‘multi-tier system of supports’ means a com11 prehensive continuum of evidence-based, system-wide 

12 practices to support a rapid response to academic 

13 and behavioral needs, with frequent data-based mon14 itoring for instructional decisionmaking.’’; 

15 (12) in paragraph (35), as redesignated by 

16 paragraph (2), by striking ‘‘pupil services’’ and in17 serting ‘‘specialized instructional support’’; 

18 (13) in paragraph (36), as redesignated by 

19 paragraph (2), by striking ‘‘includes the freely asso20 ciated states’’ and all that follows through the period 

21 at the end and inserting ‘‘includes the Republic of 

22 Palau except during any period for which the Sec23 retary determines that a Compact of Free Associa24 tion is in effect that contains provisions for edu-
889 

†S 1177 ES

1 cation assistance prohibiting the assistance provided 

2 under this Act.’’; 

3 (14) by inserting after paragraph (36), as re4 designated by paragraph (2), the following: 

5 ‘‘(37) PARAPROFESSIONAL.—The term ‘para6 professional’, also known as a ‘paraeducator’, in7 cludes an education assistant and instructional as8 sistant.’’. 

9 (15) in paragraph (39), as redesignated by 

10 paragraph (2)— 

11 (A) in subparagraph (C), by inserting 

12 ‘‘and’’ after the semicolon; and 

13 (B) in subparagraph (D), by striking ‘‘sec14 tion 1118’’ and inserting ‘‘section 1115’’; 

15 (16) by striking paragraph (41), as redesig16 nated by paragraph (2), and inserting the following: 

17 ‘‘(41) PROFESSIONAL DEVELOPMENT.—The 

18 term ‘professional development’ means activities 

19 that— 

20 ‘‘(A) are an integral part of school and 

21 local educational agency strategies for providing 

22 educators (including teachers, principals, other 

23 school leaders, specialized instructional support 

24 personnel, paraprofessionals, and, as applicable, 

25 early childhood educators) with the knowledge 
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1 and skills necessary to enable students to suc2 ceed in the core academic subjects and to meet 

3 challenging State academic standards; and 

4 ‘‘(B) are sustained (not stand-alone, 1-day, 

5 or short term workshops), intensive, collabo6 rative, job-embedded, data-driven, classroom-fo7 cused, and may include activities that— 

8 ‘‘(i) improve and increase teachers’— 

9 ‘‘(I) knowledge of the academic 

10 subjects the teachers teach; 

11 ‘‘(II) understanding of how stu12 dents learn; and 

13 ‘‘(III) ability to analyze student 

14 work and achievement from multiple 

15 sources, including how to adjust in16 structional strategies, assessments, 

17 and materials based on such analysis; 

18 ‘‘(ii) are an integral part of broad 

19 schoolwide and districtwide educational im20 provement plans; 

21 ‘‘(iii) allow personalized plans for each 

22 educator to address the educator’s specific 

23 needs identified in observation or other 

24 feedback; 
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1 ‘‘(iv) improve classroom management 

2 skills; 

3 ‘‘(v) support the recruiting, hiring, 

4 and training of effective teachers, including 

5 teachers who became certified through 

6 State and local alternative routes to certifi7 cation; 

8 ‘‘(vi) advance teacher understanding 

9 of— 

10 ‘‘(I) effective instructional strate11 gies that are evidence-based; and 

12 ‘‘(II) strategies for improving 

13 student academic achievement or sub14 stantially increasing the knowledge 

15 and teaching skills of teachers; 

16 ‘‘(vii) are aligned with, and directly 

17 related to academic goals of the school or 

18 local educational agency; 

19 ‘‘(viii) are developed with extensive 

20 participation of teachers, principals, other 

21 school leaders, parents, representatives of 

22 Indian tribes (as applicable), and adminis23 trators of schools to be served under this 

24 Act; 
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1 ‘‘(ix) are designed to give teachers of 

2 children who are English learners, and 

3 other teachers and instructional staff, the 

4 knowledge and skills to provide instruction 

5 and appropriate language and academic 

6 support services to those children, includ7 ing the appropriate use of curricula and 

8 assessments; 

9 ‘‘(x) to the extent appropriate, provide 

10 training for teachers, principals, and other 

11 school leaders in the use of technology (in12 cluding education about the harms of copy13 right piracy), so that technology and tech14 nology applications are effectively used in 

15 the classroom to improve teaching and 

16 learning in the curricula and academic 

17 subjects in which the teachers teach; 

18 ‘‘(xi) as a whole, are regularly evalu19 ated for their impact on increased teacher 

20 effectiveness and improved student aca21 demic achievement, with the findings of 

22 the evaluations used to improve the quality 

23 of professional development; 

24 ‘‘(xii) are designed to give teachers of 

25 children with disabilities or children with 
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1 developmental delays, and other teachers 

2 and instructional staff, the knowledge and 

3 skills to provide instruction and academic 

4 support services, to those children, includ5 ing positive behavioral interventions and 

6 supports, multi-tiered systems of supports, 

7 and use of accommodations; 

8 ‘‘(xiii) include instruction in the use of 

9 data and assessments to inform and in10 struct classroom practice; 

11 ‘‘(xiv) include instruction in ways that 

12 teachers, principals, other school leaders, 

13 specialized instructional support personnel, 

14 and school administrators may work more 

15 effectively with parents and families; 

16 ‘‘(xv) involve the forming of partner17 ships with institutions of higher education, 

18 including, as applicable, Tribal Colleges 

19 and Universities as defined in section 

20 316(b) of the Higher Education Act of 

21 1965 (20 U.S.C. 1059c (b)), to establish 

22 school-based teacher, principal, and other 

23 school leader training programs that pro24 vide prospective teachers, novice teachers, 

25 principals, and other school leaders with an 
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†S 1177 ES

1 opportunity to work under the guidance of 

2 experienced teachers, principals, other 

3 school leaders, and faculty of such institu4 tions; 

5 ‘‘(xvi) create programs to enable para6 professionals (assisting teachers employed 

7 by a local educational agency receiving as8 sistance under part A of title I) to obtain 

9 the education necessary for those para10 professionals to become certified and li11 censed teachers; 

12 ‘‘(xvii) provide follow-up training to 

13 teachers who have participated in activities 

14 described in this paragraph that are de15 signed to ensure that the knowledge and 

16 skills learned by the teachers are imple17 mented in the classroom; and 

18 ‘‘(xviii) where applicable and practical, 

19 provide jointly for school staff and other 

20 early childhood education program pro21 viders, to address the transition to elemen22 tary school, including issues related to 

23 school readiness.’’; 

24 (17) by inserting after paragraph (41), as re25 designated by paragraph (2), the following: 
895 

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1 ‘‘(42) SCHOOL LEADER.—The term ‘school 

2 leader’ means a principal, assistant principal, or 

3 other individual who is— 

4 ‘‘(A) an employee or officer of an elemen5 tary school or secondary school, local edu6 cational agency, or other entity operating an el7 ementary school or secondary school; and 

8 ‘‘(B) responsible for the daily instructional 

9 leadership and managerial operations in the ele10 mentary school or secondary school building.’’; 

11 (18) by inserting after paragraph (44), as re12 designated by paragraph (2), the following: 

13 ‘‘(45) SPECIALIZED INSTRUCTIONAL SUPPORT

14 PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT

15 SERVICES.— 

16 ‘‘(A) SPECIALIZED INSTRUCTIONAL SUP17 PORT PERSONNEL.—The term ‘specialized in18 structional support personnel’ means — 

19 ‘‘(i) school counselors, school social 

20 workers, and school psychologists; and 

21 ‘‘(ii) other qualified professional per22 sonnel, such as school nurses, speech lan23 guage pathologists, and school librarians 

24 involved in providing assessment, diag25 nosis, counseling, educational, therapeutic, 
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1 and other necessary services (including re2 lated services as that term is defined in 

3 section 602 of the Individuals with Disabil4 ities Education Act) as part of a com5 prehensive program to meet student needs. 

6 ‘‘(B) SPECIALIZED INSTRUCTIONAL SUP7 PORT SERVICES.—The term ‘specialized instruc8 tional support services’ means the services pro9 vided by specialized instructional support per10 sonnel.’’; 

11 (19) by inserting after paragraph (48), as re12 designated by paragraph (2), the following: 

13 ‘‘(49) UNIVERSAL DESIGN FOR LEARNING.— 

14 The term ‘universal design for learning’ has the 

15 meaning given the term in section 103 of the Higher 

16 Education Act of 1965.’’; and 

17 (20) by striking the undesignated paragraph be18 tween paragraphs (45), as added by paragraph (18), 

19 and (47), as redesignated by paragraph (2), and in20 serting the following: 

21 ‘‘(46) STATE.—The term ‘State’ means each of 

22 the 50 States, the District of Columbia, the Com23 monwealth of Puerto Rico, and each of the outlying 

24 areas. 
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1 ‘‘(47) MIDDLE GRADES.—The term middle 

2 grades means any of grades 5 through 8.’’. 

3 SEC. 9102. APPLICABILITY TO BUREAU OF INDIAN EDU4 CATION OPERATED SCHOOLS. 

5 Section 9103 (20 U.S.C. 7803) is amended— 

6 (1) in the section heading, by striking ‘‘BU7 REAU OF INDIAN AFFAIRS’’ and inserting ‘‘BU8 REAU OF INDIAN EDUCATION’’; and 

9 (2) by striking ‘‘Bureau of Indian Affairs’’ each 

10 place the term appears and inserting ‘‘Bureau of In11 dian Education’’. 

12 SEC. 9102A. CONSOLIDATION OF STATE ADMINISTRATIVE 

13 FUNDS FOR ELEMENTARY AND SECONDARY 

14 EDUCATION PROGRAMS. 

15 Section 9201(b)(2) (20 U.S.C. 7821 (b)(2)) is 

16 amended— 

17 (1) in subparagraph (G), by striking ‘‘and’’ 

18 after the semicolon; 

19 (2) in subparagraph (H), by striking the period 

20 and inserting ‘‘; and’’; and 

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

22 ‘‘(I) implementation of fiscal support 

23 teams that provide technical fiscal support as24 sistance, which shall include evaluating fiscal, 
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1 administrative, and staffing functions, and any 

2 other key operational function.’’. 

3 SEC. 9102B. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN4 ISTRATION. 

5 Section 9203(d) (20 U.S.C. 7823(d)) is amended to 

6 read as follows: 

7 ‘‘(d) USES OF ADMINISTRATIVE FUNDS.— 

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

9 that consolidates administrative funds under this 

10 section may use the consolidated funds for the ad11 ministration of the programs and for uses, at the 

12 school district and school levels, comparable to those 

13 described in section 9201(b)(2). 

14 ‘‘(2) FISCAL SUPPORT TEAMS.—A local edu15 cational agency that uses funds as described in 

16 9201(b)(2)(I) may contribute State or local funds to 

17 expand the reach of such support without violating 

18 any supplement, not supplant requirement of any 

19 program contributing administrative funds.’’. 

20 SEC. 9103. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN21 ISTRATION. 

22 Section 9203(b) (20 U.S.C. 7823(b)) is amended by 

23 striking ‘‘Within 1 year after the date of enactment of the 

24 No Child Left Behind Act of 2001, a State’’ and inserting 

25 ‘‘A State’’. 
899 

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1 SEC. 9104. RURAL CONSOLIDATED PLAN. 

2 Section 9305 (20 U.S.C. 7845) is amended by adding 

3 at the end the following: 

4 ‘‘(e) RURAL CONSOLIDATED PLAN.— 

5 ‘‘(1) IN GENERAL.—Two or more eligible local 

6 educational agencies, a consortium of eligible local 

7 educational service agencies, or an educational serv8 ice agency on behalf of eligible local educational 

9 agencies may submit plans or applications for 1 or 

10 more covered programs to the State educational 

11 agency on a consolidated basis, if each eligible local 

12 educational agency impacted elects to participate in 

13 the joint application or elects to allow the edu14 cational service agency to apply on its behalf. 

15 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN16 CY.—For the purposes of this subsection, the term 

17 ‘eligible local educational agency’ means a local edu18 cational agency that is an eligible local educational 

19 agency under part B of title VI.’’. 

20 SEC. 9105. WAIVERS OF STATUTORY AND REGULATORY RE21 QUIREMENTS. 

22 Section 9401 (20 U.S.C. 7861) is amended— 

23 (1) by striking subsection (a) and inserting the 

24 following: 

25 ‘‘(a) IN GENERAL.— 
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1 ‘‘(1) REQUEST FOR WAIVER BY STATE OR IN2 DIAN TRIBE.—A State educational agency or Indian 

3 tribe that receives funds under a program authorized 

4 under this Act may submit a request to the Sec5 retary to waive any statutory or regulatory require6 ment of this Act. 

7 ‘‘(2) LOCAL EDUCATIONAL AGENCY AND

8 SCHOOL REQUESTS SUBMITTED THROUGH THE

9 STATE.— 

10 ‘‘(A) REQUEST FOR WAIVER BY LOCAL

11 EDUCATIONAL AGENCY.—A local educational 

12 agency that receives funds under a program au13 thorized under this Act and desires a waiver of 

14 any statutory or regulatory requirement of this 

15 Act shall submit a request containing the infor16 mation described in subsection (b)(1) to the ap17 propriate State educational agency. The State 

18 educational agency may then submit the request 

19 to the Secretary if the State educational agency 

20 determines the waiver appropriate. 

21 ‘‘(B) REQUEST FOR WAIVER BY SCHOOL.— 

22 An elementary school or secondary school that 

23 desires a waiver of any statutory or regulatory 

24 requirement of this Act shall submit a request 

25 containing the information described in sub-
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1 section (b)(1) to the local educational agency 

2 serving the school. The local educational agency 

3 may then submit the request to the State edu4 cational agency in accordance with subpara5 graph (A) if the local educational agency deter6 mines the waiver appropriate. 

7 ‘‘(3) RECEIPT OF WAIVER.—Except as provided 

8 in subsection (b)(4) or (c), the Secretary may waive 

9 any statutory or regulatory requirement of this Act 

10 for which a waiver request is submitted to the Sec11 retary pursuant to this subsection.’’; 

12 (2) in subsection (b)— 

13 (A) in paragraph (1)— 

14 (i) in the matter preceding subpara15 graph (A)— 

16 (I) by striking ‘‘, local edu17 cational agency,’’ and inserting ‘‘, act18 ing on its own behalf or on behalf of 

19 a local educational agency in accord20 ance with subsection (a)(2),’’; and 

21 (II) by inserting ‘‘, which shall 

22 include a plan’’ after ‘‘to the Sec23 retary’’; and 

24 (ii) by striking subparagraphs (C) and 

25 (D) and inserting the following: 
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1 ‘‘(C) describes the methods the State edu2 cational agency, local educational agency, or In3 dian tribe will use to monitor and regularly 

4 evaluate the effectiveness of the implementation 

5 of the plan; 

6 ‘‘(D) includes only information directly re7 lated to the waiver request on how the State 

8 educational agency, local educational agency, or 

9 Indian tribe will maintain and improve trans10 parency in reporting to parents and the public 

11 on student achievement and school perform12 ance, including the achievement of students ac13 cording to each category of students described 

14 in section 1111(b)(2)(B)(xi); and’’; 

15 (B) in paragraph (2)(B)(i)(II), by striking 

16 ‘‘(on behalf of, and based on the requests of, 

17 local educational agencies)’’ and inserting ‘‘(on 

18 behalf of those agencies or on behalf of, and 

19 based on the requests of, local educational 

20 agencies in the State)’’; 

21 (C) in paragraph (3)— 

22 (i) in subparagraph (A)— 

23 (I) in the matter preceding clause 

24 (i), by inserting ‘‘or on behalf of local 

25 educational agencies in the State 
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1 under subsection (a)(2),’’ after ‘‘act2 ing on its own behalf,’’; and 

3 (II) in clause (i)— 

4 (aa) by striking ‘‘all inter5 ested local educational agencies’’ 

6 and inserting ‘‘any interested 

7 local educational agency’’; and 

8 (bb) by inserting ‘‘, to the 

9 extent that the request impacts 

10 the local educational agency’’ be11 fore the semicolon at the end; 

12 and 

13 (ii) in subparagraph (B)(i), by strik14 ing ‘‘reviewed by the State educational 

15 agency’’ and inserting ‘‘reviewed and ap16 proved by the State educational agency in 

17 accordance with subsection (a)(2) before 

18 being submitted to the Secretary’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(4) WAIVER DETERMINATION, DEMONSTRA21 TION, AND REVISION.— 

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

23 issue a written determination regarding the ap24 proval or disapproval of a waiver request not 

25 more than 90 days after the date on which such 
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1 request is submitted, unless the Secretary de2 termines and demonstrates that— 

3 ‘‘(i) the waiver request does not meet 

4 the requirements of this section; or 

5 ‘‘(ii) the waiver is not permitted under 

6 subsection (c). 

7 ‘‘(B) WAIVER DETERMINATION AND REVI8 SION.—If the Secretary determines and dem9 onstrates that the waiver request does not meet 

10 the requirements of this section, the Secretary 

11 shall— 

12 ‘‘(i) immediately— 

13 ‘‘(I) notify the State educational 

14 agency, local educational agency 

15 (through the State educational agen16 cy), or Indian tribe, as applicable, of 

17 such determination; and 

18 ‘‘(II) provide detailed reasons for 

19 such determination in writing and in 

20 a public manner, such as posting to 

21 the Department’s website in a clear 

22 and easily accessible manner; 

23 ‘‘(ii) offer the State educational agen24 cy, local educational agency (through the 

25 State educational agency), or Indian tribe 
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1 an opportunity to revise and resubmit the 

2 waiver request by a date that is not more 

3 than 60 days after the date of such deter4 mination; and 

5 ‘‘(iii) if the Secretary determines that 

6 the resubmission does not meet the re7 quirements of this section, at the request 

8 of the State educational agency, local edu9 cational agency, or Indian tribe, conduct a 

10 public hearing not more than 30 days after 

11 the date of such resubmission. 

12 ‘‘(C) WAIVER DISAPPROVAL.—The Sec13 retary may disapprove a waiver request if— 

14 ‘‘(i) the State educational agency, 

15 local educational agency, or Indian tribe 

16 has been notified and offered an oppor17 tunity to revise and resubmit the waiver 

18 request, as described under clauses (i) and 

19 (ii) of subparagraph (B); and 

20 ‘‘(ii) the State educational agency, 

21 local educational agency (through the State 

22 educational agency), or Indian tribe— 

23 ‘‘(I) does not revise and resubmit 

24 the waiver request; or 
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1 ‘‘(II) revises and resubmits the 

2 waiver request, and the Secretary de3 termines that such waiver request 

4 does not meet the requirements of this 

5 section after a hearing conducted 

6 under subparagraph (B)(iii). 

7 ‘‘(D) EXTERNAL CONDITIONS.—The Sec8 retary shall not disapprove a waiver request 

9 under this section based on conditions outside 

10 the scope of the waiver request.’’; 

11 (3) in subsection (c)— 

12 (A) in paragraph (8), by striking ‘‘subpart 

13 1 of part B of title V’’ and inserting ‘‘part A 

14 of title V’’; and 

15 (B) in paragraph (10), by striking ‘‘sub16 sections (a) and (b) of section 1113’’ and insert 

17 ‘‘section 1113(a)’’ both places the term ap18 pears; 

19 (4) in subsection (d)— 

20 (A) in the subsection heading, by adding ‘‘; 

21 LIMITATIONS’’ after ‘‘WAIVER’’; and 

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

23 ‘‘(3) SPECIFIC LIMITATIONS.—The Secretary 

24 shall not place any requirements on a State edu25 cational agency, local educational agency, or Indian 
907 

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1 tribe as a condition, criterion, or priority for the ap2 proval of a waiver request, unless such requirements 

3 are— 

4 ‘‘(A) otherwise requirements under this 

5 Act; and 

6 ‘‘(B) directly related to the waiver re7 quest.’’; 

8 (5) by striking subsection (e) and inserting the 

9 following: 

10 ‘‘(e) REPORTS.—A State educational agency, local 

11 educational agency, or Indian tribe receiving a waiver 

12 under this section shall describe, as part of, and pursuant 

13 to, the required annual reporting under section 1111(d)— 

14 ‘‘(1) the progress of schools covered under the 

15 provisions of such waiver toward improving the qual16 ity of instruction to students and increasing student 

17 academic achievement; and 

18 ‘‘(2) how the use of the waiver has contributed 

19 to such progress.’’; 

20 (6) in subsection (f), by striking ‘‘if the Sec21 retary determines’’ and all that follows through the 

22 period at the end and inserting the following: ‘‘if, 

23 after notice and an opportunity for a hearing, the 

24 Secretary— 
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†S 1177 ES

1 ‘‘(A) presents substantial evidence that 

2 clearly demonstrates that the waiver is not con3 tributing to the progress of schools described in 

4 subsection (e)(1); or 

5 ‘‘(B) determines that the waiver is no 

6 longer necessary to achieve its original pur7 poses.’’; and 

8 (7) by adding at the end the following: 

9 ‘‘(h) EFFECT OF ENACTMENT OF ECAA ON WAIVER

10 REQUIREMENTS AND CONDITIONS.— 

11 ‘‘(1) IN GENERAL.—Any requirement or condi12 tion of any waiver agreement entered into by a 

13 State, local educational agency, or Indian tribe with 

14 the Secretary, as authorized under this section, be15 tween September 23, 2011, and the day before the 

16 effective date of the Every Child Achieves Act of 

17 2015 shall be void and have no force of law if such 

18 requirement or condition is not otherwise a require19 ment or condition under this Act. 

20 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

21 paragraph (1) shall be construed as voiding any 

22 waiver granted by the Secretary under this section 

23 before the date of enactment of the Every Child 

24 Achieves Act of 2015 that is not voided under para-
909 

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1 graph (1), which shall remain in effect for the period 

2 of time specified under the waiver.’’. 

3 SEC. 9106. PLAN APPROVAL PROCESS. 

4 Title IX (20 U.S.C. 7801 et seq.) is amended— 

5 (1) by redesignating parts E and F as parts F 

6 and G, respectively; 

7 (2) in section 9573— 

8 (A) in subsection (b)(1), by striking ‘‘early 

9 childhood development (Head Start) services’’ 

10 and inserting ‘‘early childhood education pro11 grams’’; 

12 (B) in subsection (c)(2)— 

13 (i) in the paragraph heading by strik14 ing ‘‘DEVELOPMENT SERVICES’’ and insert15 ing ‘‘EDUCATION PROGRAMS’’; and 

16 (ii) by striking ‘‘development (Head 

17 Start) services’’ and inserting ‘‘education 

18 programs’’; and 

19 (C) in subsection (e), as redesignated by 

20 section 4001(5), in paragraph (3), by striking 

21 subparagraph (C) and inserting the following: 

22 ‘‘(C) such other matters as justice may re23 quire.’’; and 

24 (3) by inserting after section 9401 the fol25 lowing: 
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1 ‘‘PART E—APPROVAL AND DISAPPROVAL OF 

2 STATE PLANS AND LOCAL APPLICATIONS 

3 ‘‘SEC. 9451. APPROVAL AND DISAPPROVAL OF STATE 

4 PLANS. 

5 ‘‘(a) DEEMED APPROVAL.—A plan submitted by a 

6 State pursuant to section 2101(d), 4103(d), or 9302 shall 

7 be deemed to be approved by the Secretary unless— 

8 ‘‘(1) the Secretary makes a written determina9 tion, prior to the expiration of the 90-day period be10 ginning on the date on which the Secretary received 

11 the plan, that the plan is not in compliance with sec12 tion 2101(d) or 4103(d) or part C, respectively; and 

13 ‘‘(2) the Secretary presents substantial evidence 

14 that clearly demonstrates that such State plan does 

15 not meet the requirements of section 2101(d) or 

16 4103(d) or part C, respectively. 

17 ‘‘(b) DISAPPROVAL PROCESS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall not fi19 nally disapprove a plan submitted under section 

20 2101(d), 4103(d), or 9302, except after giving the 

21 State educational agency notice and an opportunity 

22 for a hearing. 

23 ‘‘(2) NOTIFICATIONS.—If the Secretary finds 

24 that the plan is not in compliance, in whole or in 

25 part, with section 2101(d) or 4103(d) or part C, as 

26 applicable, the Secretary shall— 
911 

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

2 determination; 

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

4 specific provisions of the plan that the Sec5 retary determines fail to meet the requirements, 

6 in whole or in part, of such section or part, as 

7 applicable; 

8 ‘‘(C) offer the State an opportunity to re9 vise and resubmit its plan within 45 days of 

10 such determination, including the chance for 

11 the State to present substantial evidence to 

12 clearly demonstrate that the State plan meets 

13 the requirements of such section or part, as ap14 plicable; 

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

17 to meet the requirements of such section or 

18 part, as applicable; 

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

20 days of the plan’s resubmission under subpara21 graph (C), with public notice provided not less 

22 than 15 days before such hearing, unless a 

23 State declines the opportunity for such public 

24 hearing; and 
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1 ‘‘(F) request additional information, only 

2 as to the noncompliant provisions, needed to 

3 make the plan compliant. 

4 ‘‘(3) RESPONSE.—If the State educational 

5 agency responds to the Secretary’s notification de6 scribed in paragraph (2)(A) during the 45-day pe7 riod beginning on the date on which the State edu8 cational agency received the notification, and resub9 mits the plan with the requested information de10 scribed in paragraph (2)(C), the Secretary shall ap11 prove or disapprove such plan prior to the later of— 

12 ‘‘(A) the expiration of the 45-day period 

13 beginning on the date on which the plan is re14 submitted; or 

15 ‘‘(B) the expiration of the 90-day period 

16 described in subsection (a). 

17 ‘‘(4) FAILURE TO RESPOND.—If the State edu18 cational agency does not respond to the Secretary’s 

19 notification described in paragraph (2)(A) during 

20 the 45-day period beginning on the date on which 

21 the State educational agency received the notifica22 tion, such plan shall be deemed to be disapproved. 

23 ‘‘(c) PEER-REVIEW REQUIREMENTS.—Notwith24 standing any other requirements of this part, the Sec25 retary shall ensure that any portion of a consolidated 
913 

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1 State plan that is related to part A of title I is subject 

2 to the peer-review process described in section 1111(a)(3). 

3 ‘‘SEC. 9452. APPROVAL AND DISAPPROVAL OF LOCAL EDU4 CATIONAL AGENCY APPLICATIONS. 

5 ‘‘(a) DEEMED APPROVAL.—An application submitted 

6 by a local educational agency pursuant to section 2102(b), 

7 4104(b), or 9305, shall be deemed to be approved by the 

8 State educational agency unless— 

9 ‘‘(1) the State educational agency makes a writ10 ten determination, prior to the expiration of the 90- 

11 day period beginning on the date on which the State 

12 educational agency received the application, that the 

13 application is not in compliance with section 2102(b) 

14 or 4104(b), or part C, respectively; and 

15 ‘‘(2) the State presents substantial evidence 

16 that clearly demonstrates that such application does 

17 not meet the requirements of section 2102(b) or 

18 4104(b), or part C, respectively. 

19 ‘‘(b) DISAPPROVAL PROCESS.— 

20 ‘‘(1) IN GENERAL.—The State educational 

21 agency shall not finally disapprove an application 

22 submitted under section 2102(b), 4104(b), or 9305 

23 except after giving the local educational agency no24 tice and opportunity for a hearing. 
914 

†S 1177 ES

1 ‘‘(2) NOTIFICATIONS.—If the State educational 

2 agency finds that the application submitted under 

3 section 2102(b), 4104(b), or 9305 is not in compli4 ance, in whole or in part, with section 2102(b) or 

5 4104(b), or part C, respectively, the State edu6 cational agency shall— 

7 ‘‘(A) immediately notify the local edu8 cational agency of such determination; 

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

10 specific provisions of the application that the 

11 State determines fail to meet the requirements, 

12 in whole or in part, of such section or part, as 

13 applicable; 

14 ‘‘(C) offer the local educational agency an 

15 opportunity to revise and resubmit its applica16 tion within 45 days of such determination, in17 cluding the chance for the local educational 

18 agency to present substantial evidence to clearly 

19 demonstrate that the application meets the re20 quirements of such section or part; 

21 ‘‘(D) provide technical assistance, upon re22 quest of the local educational agency, in order 

23 to assist the local educational agency to meet 

24 the requirements of such section or part, as ap25 plicable; 
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1 ‘‘(E) conduct a public hearing within 30 

2 days of the application’s resubmission under 

3 subparagraph (C), with public notice provided 

4 not less than 15 days before such hearing, un5 less a local educational agency declines the op6 portunity for such public hearing; and 

7 ‘‘(F) request additional information, only 

8 as to the noncompliant provisions, needed to 

9 make the application compliant. 

10 ‘‘(3) RESPONSE.—If the local educational agen11 cy responds to the State educational agency’s notifi12 cation described in paragraph (2)(A) during the 45- 

13 day period beginning on the date on which the local 

14 educational agency received the notification, and re15 submits the application with the requested informa16 tion described in paragraph (2)(C), the State edu17 cational agency shall approve or disapprove such ap18 plication prior to the later of— 

19 ‘‘(A) the expiration of the 45-day period 

20 beginning on the date on which the application 

21 is resubmitted; or 

22 ‘‘(B) the expiration of the 90-day period 

23 described in subsection (a). 

24 ‘‘(4) FAILURE TO RESPOND.—If the local edu25 cational agency does not respond to the State edu-
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†S 1177 ES

1 cational agency’s notification described in paragraph 

2 (2)(A) during the 45-day period beginning on the 

3 date on which the local educational agency received 

4 the notification, such application shall be deemed to 

5 be disapproved.’’. 

6 SEC. 9107. PARTICIPATION BY PRIVATE SCHOOL CHILDREN 

7 AND TEACHERS. 

8 Section 9501 (20 U.S.C. 7881) is amended— 

9 (1) in subsection (b)— 

10 (A) in paragraph (1), by striking subpara11 graphs (A) through (H) and inserting the fol12 lowing: 

13 ‘‘(A) part C of title I; 

14 ‘‘(B) part A of title II; 

15 ‘‘(C) part E of title II; 

16 ‘‘(D) part A of title III; 

17 ‘‘(E) parts A and B of title IV; and 

18 ‘‘(F) part G of title V.’’; and 

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

20 (2) in subsection (c)(1)— 

21 (A) in subparagraph (E)— 

22 (i) by striking ‘‘and the amount’’ and 

23 inserting ‘‘, the amount’’; and 
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1 (ii) by striking ‘‘services; and’’ and in2 serting ‘‘services, and how that amount is 

3 determined;’’; 

4 (B) in subparagraph (F), by striking the 

5 period at the end and inserting ‘‘; and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(G) whether the agency, consortium, or 

8 entity shall provide services directly or assign 

9 responsibility for the provision of services to a 

10 separate government agency, consortium, or en11 tity, or to a third-party contractor.’’. 

12 SEC. 9108. MAINTENANCE OF EFFORT. 

13 Section 9521 (20 U.S.C. 7901) is amended— 

14 (1) in subsection (a), by inserting ‘‘, subject to 

15 the requirements of subsection (b)’’ after ‘‘for the 

16 second preceding fiscal year’’; 

17 (2) in subsection (b)(1), by inserting before the 

18 period at the end the following: ‘‘, if such local edu19 cational agency has also failed to meet such require20 ment (as determined using the measure most favor21 able to the local agency) for 1 or more of the 5 im22 mediately preceding fiscal years’’; and 

23 (3) in subsection (c)(1), by inserting ‘‘or a 

24 change in the organizational structure of the local 
918 

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1 educational agency’’ after ‘‘, such as a natural dis2 aster’’. 

3 SEC. 9109. SCHOOL PRAYER. 

4 Section 9524(a) (20 U.S.C. 7904(a)) is amended by 

5 striking ‘‘on the Internet’’ and inserting ‘‘by electronic 

6 means, including by posting the guidance on the Depart7 ment’s website in a clear and easily accessible manner’’. 

8 SEC. 9110. PROHIBITIONS ON FEDERAL GOVERNMENT AND 

9 USE OF FEDERAL FUNDS. 

10 Section 9527 (20 U.S.C. 7907) is amended to read 

11 as follows: 

12 ‘‘SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND 

13 USE OF FEDERAL FUNDS. 

14 ‘‘(a) GENERAL PROHIBITION.— 

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

16 be construed to authorize an officer or employee of 

17 the Federal Government, through grants, contracts, 

18 or other cooperative agreements (including as a con19 dition of any waiver provided under section 9401) 

20 to— 

21 ‘‘(A) mandate, direct, or control a State, 

22 local educational agency, or school’s curriculum, 

23 program of instruction, instructional content, 

24 specific academic standards or assessments, or 

25 allocation of State or local resources, or man-
919 

†S 1177 ES

1 date a State or any subdivision thereof to spend 

2 any funds or incur any costs not paid for under 

3 this Act; 

4 ‘‘(B) incentivize a State, local educational 

5 agency, or school to adopt any specific instruc6 tional content, academic standards, academic 

7 assessments, curriculum, or program of instruc8 tion, including by providing any priority, pref9 erence, or special consideration during the ap10 plication process for any grant, contract, or co11 operative agreement that is based on the adop12 tion of any specific instructional content, aca13 demic standards, academic assessments, cur14 riculum, or program of instruction; or 

15 ‘‘(C) make financial support available in a 

16 manner that is conditioned upon a State, local 

17 educational agency, or school’s adoption of any 

18 specific instructional content, academic stand19 ards, academic assessments, curriculum, or pro20 gram of instruction (such as the Common Core 

21 State Standards developed under the Common 

22 Core State Standards Initiative, any other 

23 standards common to a significant number of 

24 States, or any specific assessment, instructional 
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†S 1177 ES

1 content, or curriculum aligned to such stand2 ards). 

3 ‘‘(b) PROHIBITION ON ENDORSEMENT OF CUR4 RICULUM.—Notwithstanding any other prohibition of Fed5 eral law, no funds provided to the Department under this 

6 Act may be used by the Department directly or indirectly, 

7 including through any grant, contract, cooperative agree8 ment, or waiver provided by the Secretary under section 

9 9401, to endorse, approve, or sanction any curriculum (in10 cluding the alignment of such curriculum to any specific 

11 academic standard) designed to be used in an early child12 hood education program, elementary school, secondary 

13 school, or institution of higher education. 

14 ‘‘(c) PROHIBITION ON REQUIRING FEDERAL AP15 PROVAL OR CERTIFICATION OF STANDARDS.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding any other 

17 provision of Federal law, no State shall be required 

18 to have academic content or academic achievement 

19 standards approved or certified by the Federal Gov20 ernment, in order to receive assistance under this 

21 Act. 

22 ‘‘(2) RULES OF CONSTRUCTION.— 

23 ‘‘(A) APPLICABILITY.—Nothing in this 

24 subsection shall be construed to affect require25 ments under title I. 
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1 ‘‘(B) STATE OR LOCAL AUTHORITY.— 

2 Nothing in this section shall be construed to 

3 prohibit a State, local educational agency, or 

4 school from using funds provided under this Act 

5 for the development or implementation of any 

6 instructional content, academic standards, aca7 demic assessments, curriculum, or program of 

8 instruction that a State, local educational agen9 cy, or school chooses, as permitted under State 

10 and local law, as long as the use of such funds 

11 is consistent with the terms of the grant, con12 tract, or cooperative agreement providing such 

13 funds. 

14 ‘‘(3) BUILDING STANDARDS.—Nothing in this 

15 Act shall be construed to mandate national school 

16 building standards for a State, local educational 

17 agency, or school.’’. 

18 SEC. 9111. ARMED FORCES RECRUITER ACCESS TO STU19 DENTS AND STUDENT RECRUITING INFORMA20 TION. 

21 Section 9528 (20 U.S.C. 7908) is amended by strik22 ing subsection (d). 
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1 SEC. 9112. PROHIBITION ON FEDERALLY SPONSORED TEST2 ING. 

3 Section 9529 (20 U.S.C. 7909) is amended to read 

4 as follows: 

5 ‘‘SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED 

6 TESTING. 

7 ‘‘(a) GENERAL PROHIBITION.—Notwithstanding any 

8 other provision of Federal law and except as provided in 

9 subsection (b), no funds provided under this Act to the 

10 Secretary or to the recipient of any award may be used 

11 to develop, incentivize, pilot test, field test, implement, ad12 minister, or distribute any federally sponsored national 

13 test in reading, mathematics, or any other subject, unless 

14 specifically and explicitly authorized by law, including any 

15 assessment or testing materials aligned to the Common 

16 Core State Standards developed under the Common Core 

17 State Standards Initiative or any other academic stand18 ards common to a significant number of States. 

19 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

20 international comparative assessments developed under 

21 the authority of section 153(a)(6) of the Education 

22 Sciences Reform Act of 2002 and administered to only a 

23 representative sample of pupils in the United States and 

24 in foreign nations. 

25 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec26 tion shall be construed to prohibit a State, local edu-
923 

†S 1177 ES

1 cational agency, or school from using funds provided 

2 under this Act for the development or implementation of 

3 any instructional content, academic standards, academic 

4 assessments, curriculum, or program of instruction that 

5 a State or local educational agency or school chooses, as 

6 permitted under State and local law, as long as the use 

7 of such funds is consistent with the terms of the grant, 

8 contract, or cooperative agreement providing such funds.’’. 

9 SEC. 9113. LIMITATIONS ON NATIONAL TESTING OR CER10 TIFICATION FOR TEACHERS. 

11 Section 9530(a) (20 U.S.C. 7910(a)) is amended— 

12 (1) by inserting ‘‘, principals,’’ after ‘‘teachers’’; 

13 and 

14 (2) by inserting ‘‘, or incentive regarding,’’ 

15 after ‘‘administration of’’. 

16 SEC. 9114. CONSULTATION WITH INDIAN TRIBES AND TRIB17 AL ORGANIZATIONS. 

18 Subpart 2 of part F of title IX (20 U.S.C. 7901 et 

19 seq.), as amended by section 4001(3), and redesignated 

20 by section 9106(1), is further amended by adding at the 

21 end the following: 

22 ‘‘SEC. 9538. CONSULTATION WITH INDIAN TRIBES AND 

23 TRIBAL ORGANIZATIONS. 

24 ‘‘(a) IN GENERAL.—To ensure timely and meaning25 ful consultation on issues affecting American Indian and 
924 

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1 Alaska Native students, an affected local educational 

2 agency shall consult with appropriate officials from Indian 

3 tribes or tribal organizations approved by the tribes lo4 cated in the area served by the local educational agency 

5 during the design and development of the affected local 

6 educational agency’s programs under this Act, with the 

7 overarching goal of meeting the unique cultural, language, 

8 and educational needs of American Indian and Alaska Na9 tive students. 

10 ‘‘(b) TIMING.—The consultation described in sub11 section (a) shall include meetings of officials from the af12 fected local educational agency and the tribes or tribal or13 ganizations approved by the tribes and shall occur before 

14 the affected local educational agency makes any decision 

15 regarding how the needs of American Indian and Alaska 

16 Native children will be met in covered programs or in serv17 ices or activities provided under title VII. 

18 ‘‘(c) DOCUMENTATION.—Each affected local edu19 cational agency shall maintain in the agency’s records and 

20 provide to the State educational agency a written affirma21 tion signed by officials of the participating tribes or tribal 

22 organizations approved by the tribes that the consultation 

23 required by this section has occurred. If such officials do 

24 not provide such affirmation within a reasonable period 

25 of time, the affected local educational agency shall forward 
925 

†S 1177 ES

1 documentation that such consultation has taken place to 

2 the State educational agency. 

3 ‘‘(d) AFFECTED LOCAL EDUCATIONAL AGENCY.—In 

4 this section, the term ‘affected local educational agency’ 

5 means a local educational agency— 

6 ‘‘(1) with an enrollment of American Indian or 

7 Alaska Native students that is not less than 50 per8 cent of the total enrollment of the local educational 

9 agency; or 

10 ‘‘(2) with an enrollment of not less than 50 

11 American Indian or Alaska Native students.’’. 

12 SEC. 9114A. APPLICATION FOR COMPETITIVE GRANTS 

13 FROM THE BUREAU OF INDIAN EDUCATION. 

14 Subpart 2 of part F of title IX (20 U.S.C. 7901 et 

15 seq.), as amended by sections 4001(3) and 9114 and re16 designated by section 9106(1), is further amended by add17 ing at the end the following: 

18 ‘‘SEC. 9539A. APPLICATION FOR COMPETITIVE GRANTS 

19 FROM THE BUREAU OF INDIAN EDUCATION. 

20 ‘‘(a) IN GENERAL.—Notwithstanding any other pro21 vision of this Act and subject to subsection (b), the Bureau 

22 of Indian Education may apply for, and carry out, any 

23 grant program awarded on a competitive basis under this 

24 Act, as appropriate, on behalf of the schools and the In25 dian children that the Bureau serves, and shall not be sub-
926 

†S 1177 ES

1 ject to any provision of the program that requires grant 

2 recipients to contribute funds toward the costs of the 

3 grant program. 

4 ‘‘(b) LIMITATION.—In the case of any competitive 

5 grant program described in subsection (a) that also pro6 vides a reservation of funds to the Bureau of Indian Edu7 cation, the Bureau shall not, for any fiscal year, receive 

8 both a grant and a reservation under the competitive grant 

9 program.’’. 

10 SEC. 9115. OUTREACH AND TECHNICAL ASSISTANCE FOR 

11 RURAL LOCAL EDUCATIONAL AGENCIES. 

12 Subpart 2 of part F of title IX (20 U.S.C. 7901 et 

13 seq.), as amended by sections 4001(3) and 9114, and re14 designated by section 9106(1), is further amended by add15 ing at the end the following: 

16 ‘‘SEC. 9539B. OUTREACH AND TECHNICAL ASSISTANCE FOR 

17 RURAL LOCAL EDUCATIONAL AGENCIES. 

18 ‘‘(a) OUTREACH.—The Secretary shall engage in out19 reach to rural local educational agencies regarding oppor20 tunities to apply for competitive grant programs under 

21 this Act. 

22 ‘‘(b) TECHNICAL ASSISTANCE.—If requested to do 

23 so, the Secretary shall provide technical assistance to rural 

24 local educational agencies with locale codes 32, 33, 41, 42, 

25 or 43, or an educational service agency representing rural 
927 

†S 1177 ES

1 local educational agencies with locale codes 32, 33, 41, 42, 

2 or 43 on applications or pre-applications for any competi3 tive grant program under this Act. No rural local edu4 cational agency or educational service agency shall be re5 quired to request technical assistance or include any tech6 nical assistance provided by the Secretary in any applica7 tion.’’. 

8 SEC. 9115A. CONSULTATION WITH THE GOVERNOR. 

9 Subpart 2 of part F of title IX (20 U.S.C. 7901 et 

10 seq.), as amended by sections 4001(3), 9114, and 9115, 

11 and redesignated by section 9106(1), is further amended 

12 by adding at the end the following: 

13 ‘‘SEC. 9540. CONSULTATION WITH THE GOVERNOR. 

14 ‘‘(a) IN GENERAL.—A State educational agency shall 

15 consult in a timely and meaningful manner with the Gov16 ernor, or appropriate officials from the Governor’s office, 

17 in the development of State plans under titles I and II 

18 and section 9302. 

19 ‘‘(b) TIMING.—The consultation described in sub20 section (a) shall include meetings of officials from the 

21 State educational agency and the Governor’s office and 

22 shall occur— 

23 ‘‘(1) during the development of such plan; and 

24 ‘‘(2) prior to submission of the plan to the Sec25 retary. 
928 

†S 1177 ES

1 ‘‘(c) JOINT SIGNATURE AUTHORITY.—A Governor 

2 shall have 30 days prior to the State educational agency 

3 submitting the State plan under title I or II or section 

4 9302 to the Secretary to sign such plan. If the Governor 

5 has not signed the plan within 30 days of delivery by the 

6 State educational agency to the Governor, the State edu7 cational agency shall submit the plan to the Secretary 

8 without such signature.’’. 

9 SEC. 9115B. LOCAL GOVERNANCE. 

10 Subpart 2 of part F of title IX (20 U.S.C. 7901 et 

11 seq.), as amended by sections 4001(3), 9114, and 9115, 

12 and redesignated by section 9106(1), is further amended 

13 by adding at the end the following: 

14 ‘‘SEC. 9540A. LOCAL GOVERNANCE. 

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

16 shall be construed to allow the Secretary to— 

17 ‘‘(1) exercise any governance or authority over 

18 school administration, including the development 

19 and expenditure of school budgets, unless otherwise 

20 authorized under this Act; 

21 ‘‘(2) issue any regulation without first com22 plying with the rulemaking requirements of section 

23 553 of title 5, United States Code; or 
929 

†S 1177 ES

1 ‘‘(3) issue any non-regulatory guidance without 

2 first, to the extent feasible, considering input from 

3 stakeholders. 

4 ‘‘(b) AUTHORITY UNDER OTHER LAW.—Nothing in 

5 subsection (a) shall be construed to affect any authority 

6 the Secretary has under any other Federal law.’’. 

7 SEC. 9115C. RULE OF CONSTRUCTION REGARDING TRAVEL 

8 TO AND FROM SCHOOL. 

9 Subpart 2 of part F of title IX (20 U.S.C. 7901 et 

10 seq.), as amended by sections, 9114 and 9115, and redes11 ignated by section 9601, is further amended by adding at 

12 the end the following: 

13 ‘‘SEC. 9539C. RULE OF CONSTRUCTION REGARDING TRAVEL 

14 TO AND FROM SCHOOL. 

15 ‘‘(a) IN GENERAL.—Subject to subsection (b), noth16 ing in this Act shall authorize the Secretary to, or shall 

17 be construed to— 

18 ‘‘(1) prohibit a child from traveling to and from 

19 school on foot or by car, bus, or bike when the par20 ents of the child have given permission; or 

21 ‘‘(2) expose parents to civil or criminal charges 

22 for allowing their child to responsibly and safely 

23 travel to and from school by a means the parents be24 lieve is age appropriate. 
930 

†S 1177 ES

1 ‘‘(b) NO PREEMPTION OF STATE OR LOCAL LAWS.— 

2 Notwithstanding subsection (a), nothing in this section 

3 shall be construed to preempt State or local laws.’’. 

4 SEC. 9116. EVALUATIONS. 

5 Section 9601 (20 U.S.C. 7941) is amended to read 

6 as follows: 

7 ‘‘SEC. 9601. EVALUATIONS. 

8 ‘‘(a) RESERVATION OF FUNDS.—Except as provided 

9 in subsection (b) and (e), the Secretary, in consultation 

10 with the Director of the Institute of Education Sciences, 

11 may reserve not more than 0.5 percent of the amount ap12 propriated for each program authorized under this Act to 

13 carry out activities under this section. If the Secretary 

14 elects to make a reservation under this subsection, the re15 served amounts— 

16 ‘‘(1) shall first be used by the Secretary, acting 

17 through the Director of the Institute of Education 

18 Sciences, to— 

19 ‘‘(A) conduct comprehensive, high-quality 

20 evaluations of the programs that— 

21 ‘‘(i) are consistent with the evaluation 

22 plan under subsection (d); and 

23 ‘‘(ii) primarily include impact evalua24 tions that use experimental or quasi-experi25 mental designs, where practicable and ap-
931 

†S 1177 ES

1 propriate, and other rigorous methodolo2 gies that permit the strongest possible 

3 causal inferences; 

4 ‘‘(B) conduct studies of the effectiveness of 

5 the programs and the administrative impact of 

6 the programs on schools and local educational 

7 agencies; and 

8 ‘‘(C) widely disseminate evaluation findings 

9 under this section related to programs author10 ized under this Act— 

11 ‘‘(i) in a timely fashion; 

12 ‘‘(ii) in forms that are understand13 able, easily accessible, and usable, or 

14 adaptable for use in, the improvement of 

15 educational practice; 

16 ‘‘(iii) through electronic transfer and 

17 other means, such as posting, as available, 

18 to the websites of State educational agen19 cies, local educational agencies, the Insti20 tute of Education Sciences, or the Depart21 ment, or in another relevant place; and 

22 ‘‘(iv) in a manner that promotes the 

23 utilization of such findings; and 
932 

†S 1177 ES

1 ‘‘(2) may be used by the Secretary, acting 

2 through the Director of the Institute of Education 

3 Sciences— 

4 ‘‘(A) to evaluate the aggregate short- and 

5 long-term effects and cost efficiencies across— 

6 ‘‘(i) Federal programs assisted or au7 thorized under this Act; and 

8 ‘‘(ii) related Federal early childhood 

9 education programs, preschool programs, 

10 elementary school programs, and secondary 

11 school programs, under any other Federal 

12 law; 

13 ‘‘(B) to increase the usefulness of the eval14 uations conducted under this section by improv15 ing the quality, timeliness, efficiency, and use of 

16 information relating to performance to promote 

17 continuous improvement of programs assisted 

18 or authorized under this Act; and 

19 ‘‘(C) to assist recipients of grants under 

20 such programs in collecting and analyzing data 

21 and other activities related to conducting high22 quality evaluations under paragraph (1). 

23 ‘‘(b) TITLE I.—The Secretary, acting through the Di24 rector of the Institute of Education Sciences, shall use 

25 funds authorized under section 1002(e) to carry out eval-
933 

†S 1177 ES

1 uation activities under this section related to title I, and 

2 shall not reserve any other money from such title for eval3 uation. 

4 ‘‘(c) CONSOLIDATION.—Notwithstanding any other 

5 provision of this section or section 1002(e), the Secretary, 

6 in consultation with the Director of the Institute of Edu7 cation Sciences— 

8 ‘‘(1) may consolidate the funds reserved under 

9 subsections (a) and (b) for purposes of carrying out 

10 the activities under subsection (a)(1); and 

11 ‘‘(2) shall not be required to evaluate under 

12 subsection (a)(1) each program authorized under 

13 this Act each year. 

14 ‘‘(d) EVALUATION PLAN.—The Director of the Insti15 tute of Education Sciences, shall, on a biennial basis, de16 velop, submit to Congress, and make publicly available an 

17 evaluation plan, that— 

18 ‘‘(1) describes the specific activities that will be 

19 carried out under subsection (a) for the 2-year pe20 riod applicable to the plan, and the timelines of such 

21 activities; 

22 ‘‘(2) contains the results of the activities car23 ried out under subsection (a) for the most recent 2- 

24 year period; and 
934 

†S 1177 ES

1 ‘‘(3) describes how programs authorized under 

2 this Act will be regularly evaluated. 

3 ‘‘(e) EVALUATION ACTIVITIES AUTHORIZED ELSE4 WHERE.—If, under any other provision of this Act, funds 

5 are authorized to be reserved or used for evaluation activi6 ties with respect to a program, the Secretary may not re7 serve additional funds under this section for the evaluation 

8 of that program.’’. 

9 SEC. 9117. PROHIBITION ON AIDING AND ABETTING SEX10 UAL ABUSE. 

11 Subpart 2 of part F of title IX (20 U.S.C. 7901 et 

12 seq.), as amended by sections 4001(3) and 9114, and re13 designated by section 9106(1), is further amended by add14 ing at the end the following: 

15 ‘‘SEC. 9539. PROHIBITION ON AIDING AND ABETTING SEX16 UAL ABUSE. 

17 ‘‘(a) IN GENERAL.—A State, State educational agen18 cy, or local educational agency in the case of a local edu19 cational agency designated under State law, that receives 

20 Federal funds under this Act shall have laws, regulations, 

21 or policies that prohibit any person who is a school em22 ployee, contractor, or agent, or any State educational 

23 agency or local educational agency, from assisting a school 

24 employee, contractor, or agent in obtaining a new job, 

25 apart from the routine transmission of administrative and 
935 

†S 1177 ES

1 personnel files, if the person or agency knows, or recklessly 

2 disregards credible information indicating, that such 

3 school employee, contractor, or agent engaged in sexual 

4 misconduct regarding a minor in violation of the law. 

5 ‘‘(b) EXCEPTION.—The requirements of subsection 

6 (a) shall not apply if the credible information described 

7 in such subsection— 

8 ‘‘(1)(A) has been properly reported to a law en9 forcement agency with jurisdiction over the alleged 

10 misconduct; and 

11 ‘‘(B) has been properly reported to any other 

12 authorities as required by Federal, State, or local 

13 law, including title IX of the Education Amend14 ments of 1972 (20 U.S.C. 1681 et seq.) and the reg15 ulations implementing such title under part 106 of 

16 title 34, Code of Federal Regulations, or any suc17 ceeding regulations; and 

18 ‘‘(2)(A) the case has been officially closed or 

19 the prosecutor with jurisdiction over the alleged mis20 conduct has investigated the allegations and notified 

21 school officials that there is insufficient information 

22 to establish probable cause that the school employee, 

23 contractor, or agent engaged in sexual misconduct 

24 regarding a minor; 
936 

†S 1177 ES

1 ‘‘(B) the school employee, contractor, or agent 

2 has been charged with, and exonerated of, the al3 leged misconduct; or 

4 ‘‘(C) the case remains open but there have been 

5 no charges filed against, or indictment of, the school 

6 employee, contractor, or agent within 4 years of the 

7 date on which the information was reported to a law 

8 enforcement agency. 

9 ‘‘(c) PROHIBITION.—The Secretary shall not have the 

10 authority to mandate, direct, or control the specific meas11 ures adopted by a State, State educational agency, or local 

12 educational agency under this section. 

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

14 be construed to prevent a State from adopting, or to over15 ride a State law, regulation, or policy that provides, great16 er or additional protections to prohibit any person who is 

17 a school employee, contractor, or agent, or any State edu18 cational agency or local educational agency, from assisting 

19 a school employee who engaged in sexual misconduct re20 garding a minor in violation of the law in obtaining a new 

21 job.’’. 
937 

†S 1177 ES

1 TITLE X—EDUCATION FOR 

2 HOMELESS CHILDREN AND 

3 YOUTHS; OTHER LAWS; MIS4 CELLANEOUS 

5 PART A—EDUCATION FOR HOMELESS CHILDREN 

6 AND YOUTH 

7 SEC. 10101. STATEMENT OF POLICY. 

8 Section 721 of the McKinney-Vento Homeless Assist9 ance Act (42 U.S.C. 11431) is amended— 

10 (1) in paragraph (2), by striking ‘‘In any 

11 State’’ and all that follows through ‘‘will review’’ 

12 and inserting ‘‘In any State where compulsory resi13 dency requirements or other requirements, in laws, 

14 regulations, practices, or policies, may act as a bar15 rier to the identification of, or enrollment, attend16 ance, or success in school of homeless children and 

17 youths, the State educational agency and local edu18 cational agencies in the State will review’’; 

19 (2) in paragraph (3), by striking ‘‘alone’’; and 

20 (3) in paragraph (4), by striking ‘‘challenging 

21 State student academic achievement standards’’ and 

22 inserting ‘‘challenging State academic standards’’. 

23 SEC. 10102. GRANTS FOR STATE AND LOCAL ACTIVITIES. 

24 Section 722 of the McKinney-Vento Homeless Assist25 ance Act (42 U.S.C. 11432) is amended— 
938 

†S 1177 ES

1 (1) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) RESERVATIONS.— 

4 ‘‘(1) STUDENTS IN TERRITORIES.—The Sec5 retary is authorized to reserve 0.1 percent of the 

6 amount appropriated for each fiscal year under sec7 tion 726, to be allocated by the Secretary among the 

8 United States Virgin Islands, Guam, American 

9 Samoa, and the Commonwealth of the Northern 

10 Mariana Islands, according to their respective needs 

11 for assistance under this subtitle, as determined by 

12 the Secretary. 

13 ‘‘(2) INDIAN STUDENTS.— 

14 ‘‘(A) TRANSFER.—The Secretary shall 

15 transfer 1 percent of the amount appropriated 

16 for each fiscal year under section 726 to the 

17 Department of the Interior. The transferred 

18 funds shall be used for programs for Indian 

19 students served by schools funded by the Sec20 retary of the Interior, as determined under the 

21 Indian Self-Determination and Education As22 sistance Act (25 U.S.C. 450 et seq.), that are 

23 consistent with the purposes of the programs 

24 described in this subtitle. 
939 

†S 1177 ES

1 ‘‘(B) AGREEMENT.—The Secretary of 

2 Education and the Secretary of the Interior 

3 shall enter into an agreement, consistent with 

4 the requirements of this subtitle, for the dis5 tribution and use of the transferred funds 

6 under terms that the Secretary of Education 

7 determines best meet the purposes of the pro8 grams described in this subtitle. Such agree9 ment shall set forth the plans of the Secretary 

10 of the Interior for the use of the amounts 

11 transferred, including appropriate goals, objec12 tives, and milestones.’’; 

13 (2) in subsection (c)— 

14 (A) by redesignating paragraph (3) as 

15 paragraph (4); and 

16 (B) by striking the subsection heading and 

17 all that follows through paragraph (2) and in18 serting the following: 

19 ‘‘(c) ALLOTMENTS.— 

20 ‘‘(1) IN GENERAL.—The Secretary is authorized 

21 to allot to each State for a fiscal year an amount 

22 that bears the same ratio to the amount appro23 priated for such year under section 726 that remains 

24 after the Secretary reserves funds under subsection 

25 (b) and uses funds to carry out subsections (d) and 
940 

†S 1177 ES

1 (h) of section 724, as the amount allocated under 

2 section 1122 of the Elementary and Secondary Edu3 cation Act of 1965 (20 U.S.C. 6332) to the State 

4 for that year bears to the total amount allocated 

5 under section 1122 of such Act to all States for that 

6 year, except as provided in paragraph (2). 

7 ‘‘(2) MINIMUM ALLOTMENTS.—Subject to para8 graph (3), no State shall receive less under this sub9 section for a fiscal year than the greatest of— 

10 ‘‘(A) $150,000; 

11 ‘‘(B) one-fourth of 1 percent of the amount 

12 appropriated under section 726 for that year; 

13 or 

14 ‘‘(C) the amount such State received under 

15 this section for fiscal year 2001. 

16 ‘‘(3) REDUCTION FOR INSUFFICIENT FUNDS.— 

17 If there are insufficient funds in a fiscal year to allot 

18 to each State the minimum amount under paragraph 

19 (2), the Secretary shall ratably reduce the allotments 

20 to all States based on the proportionate share that 

21 each State received under this subsection for the 

22 preceding fiscal year.’’; 

23 (3) in subsection (d)— 

24 (A) in paragraph (2)— 
941 

†S 1177 ES

1 (i) by striking ‘‘To provide’’ and all 

2 that follows through ‘‘that enable’’ and in3 serting ‘‘To provide services and activities 

4 to improve the identification of homeless 

5 children and youths (including preschool6 aged homeless children) and enable’’; and 

7 (ii) by striking ‘‘or, if’’ and inserting 

8 ‘‘including, if’’; and 

9 (B) in paragraph (3), by striking ‘‘des10 ignate’’ and all that follows and inserting ‘‘des11 ignate in the State educational agency an Office 

12 of the Coordinator for Education of Homeless 

13 Children and Youths that can sufficiently carry 

14 out the duties described for the Office in this 

15 subtitle.’’; 

16 (4) in subsection (e)— 

17 (A) in paragraph (1), by striking ‘‘sub18 section (c)(1)’’ and inserting ‘‘subsection 

19 (c)(2)’’; and 

20 (B) in paragraph (3)— 

21 (i) in subparagraph (E)(ii)(II), by 

22 striking ‘‘subsection (g)(6)(A)(v)’’ and in23 serting ‘‘subsection (g)(6)(A)(vi)’’; and 

24 (ii) in subparagraph (F)(iii), by strik25 ing ‘‘Not later’’ and all that follows 
942 

†S 1177 ES

1 through ‘‘the Secretary’’ and inserting 

2 ‘‘The Secretary’’; 

3 (5) by striking subsection (f) and inserting the 

4 following: 

5 ‘‘(f) FUNCTIONS OF THE OFFICE OF THE COORDI6 NATOR.—The Coordinator for Education of Homeless 

7 Children and Youths established in each State shall— 

8 ‘‘(1) gather and make publicly available reliable, 

9 valid, and comprehensive information on— 

10 ‘‘(A) the number of homeless children and 

11 youths identified in the State, which shall be 

12 posted annually on the State educational agen13 cy’s website; 

14 ‘‘(B) the nature and extent of the problems 

15 homeless children and youths have in gaining 

16 access to public preschool programs and to pub17 lic elementary schools and secondary schools; 

18 ‘‘(C) the difficulties in identifying the spe19 cial needs and barriers to the participation and 

20 achievement of such children and youths; 

21 ‘‘(D) any progress made by the State edu22 cational agency and local educational agencies 

23 in the State in addressing such problems and 

24 difficulties; and 
943 

†S 1177 ES

1 ‘‘(E) the success of the programs under 

2 this subtitle in identifying homeless children 

3 and youths and allowing such children and 

4 youths to enroll in, attend, and succeed in, 

5 school; 

6 ‘‘(2) develop and carry out the State plan de7 scribed in subsection (g); 

8 ‘‘(3) collect data for and transmit to the Sec9 retary, at such time and in such manner as the Sec10 retary may reasonably require, a report containing 

11 information necessary to assess the educational 

12 needs of homeless children and youths within the 

13 State, including data necessary for the Secretary to 

14 fulfill the responsibilities under section 724(h); 

15 ‘‘(4) in order to improve the provision of com16 prehensive education and related services to home17 less children and youths and their families, coordi18 nate activities and collaborate with— 

19 ‘‘(A) educators, including teachers, special 

20 education personnel, administrators, and child 

21 development and preschool program personnel; 

22 ‘‘(B) providers of services to homeless chil23 dren and youths and their families, including 

24 services of public and private child welfare and 

25 social services agencies, law enforcement agen-
944 

†S 1177 ES

1 cies, juvenile and family courts, agencies pro2 viding mental health services, domestic violence 

3 agencies, child care providers, runaway and 

4 homeless youth centers, and providers of serv5 ices and programs funded under the Runaway 

6 and Homeless Youth Act (42 U.S.C. 5701 et 

7 seq.); 

8 ‘‘(C) providers of emergency, transitional, 

9 and permanent housing to homeless children 

10 and youths, and their families, including public 

11 housing agencies, shelter operators, operators of 

12 transitional housing facilities, and providers of 

13 transitional living programs for homeless 

14 youths; 

15 ‘‘(D) local educational agency liaisons des16 ignated under subsection (g)(1)(J)(ii) for home17 less children and youths; and 

18 ‘‘(E) community organizations and groups 

19 representing homeless children and youths and 

20 their families; 

21 ‘‘(5) provide technical assistance to and conduct 

22 monitoring of local educational agencies in coordina23 tion with local educational agency liaisons designated 

24 under subsection (g)(1)(J)(ii), to ensure that local 

25 educational agencies comply with the requirements 
945 

†S 1177 ES

1 of subsection (e)(3) and paragraphs (3) through (7) 

2 of subsection (g); 

3 ‘‘(6) provide professional development opportu4 nities for local educational agency personnel and the 

5 local educational agency liaison designated under 

6 subsection (g)(1)(J)(ii) to assist such personnel and 

7 liaison in identifying and meeting the needs of home8 less children and youths, and provide training on the 

9 definitions of terms related to homelessness specified 

10 in sections 103, 401, and 725 to the personnel (in11 cluding personnel of preschool and early childhood 

12 education programs provided through the local edu13 cational agency) and the liaison; and 

14 ‘‘(7) respond to inquiries from parents and 

15 guardians of homeless children and youths, including 

16 (in the case of unaccompanied youths) such youths, 

17 to ensure that each child or youth who is the subject 

18 of such an inquiry receives the full protections and 

19 services provided by this subtitle.’’; 

20 (6) in subsection (g)— 

21 (A) in paragraph (1)— 

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

23 ‘‘achievement’’; 

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

25 ‘‘special’’; 
946 

†S 1177 ES

1 (iii) in subparagraph (D)— 

2 (I) by striking ‘‘(including’’ and 

3 all that follows through ‘‘personnel)’’ 

4 and inserting ‘‘(including liaisons des5 ignated under subparagraph (J)(ii), 

6 principals and school leaders, attend7 ance officers, teachers, enrollment 

8 personnel, and specialized instruc9 tional support personnel)’’; and 

10 (II) by striking ‘‘of runaway and 

11 homeless youths’’ and inserting ‘‘of 

12 homeless children and youths, includ13 ing such children and youths who are 

14 runaway and homeless youths’’; 

15 (iv) in subparagraph (E), by striking 

16 ‘‘food’’ and inserting ‘‘nutrition’’; 

17 (v) in subparagraph (F)— 

18 (I) in clause (i), by striking 

19 ‘‘equal’’ and all that follows and in20 serting ‘‘access to the same public 

21 preschool programs, administered by 

22 the State educational agency or local 

23 educational agency, as are provided to 

24 other children in the State, including 

25 ensuring that access by having the ad-
947 

†S 1177 ES

1 ministering agency carry out the poli2 cies and practices required under 

3 paragraph (3);’’; 

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

5 ‘‘services; and’’ and inserting ‘‘serv6 ices, including through the implemen7 tation of policies and practices to en8 sure that youths described in this 

9 clause are able to receive appropriate 

10 credit for full or partial coursework 

11 satisfactorily completed while attend12 ing a prior school, in accordance with 

13 State, local, and school policies;’’; and 

14 (III) by striking clause (iii) and 

15 inserting the following: 

16 ‘‘(iii) homeless children and youths 

17 who meet the relevant eligibility criteria 

18 have access to magnet school, summer 

19 school, career and technical education, dual 

20 or concurrent enrollment opportunities, 

21 early college high school, advanced place22 ment, online learning, and charter school 

23 programs, if such programs are available 

24 at the State or local levels; and 
948 

†S 1177 ES

1 ‘‘(iv) the State educational agency and 

2 local educational agencies will adopt poli3 cies and practices to promote school suc4 cess for homeless children and youth, in5 cluding providing access to full participa6 tion in the academic and extracurricular 

7 activities that are made available to stu8 dents who are not homeless children and 

9 youth.’’; 

10 (vi) in subparagraph (H)(i), by strik11 ing ‘‘medical’’ and inserting ‘‘other 

12 health’’; 

13 (vii) in subparagraph (I)— 

14 (I) by striking ‘‘enrollment’’ and 

15 inserting ‘‘identification of homeless 

16 children and youths, and the enroll17 ment,’’; and 

18 (II) by striking ‘‘State.’’ and in19 serting ‘‘State, including barriers re20 lated to fees, fines, absences, and 

21 credit accrual policies.’’; and 

22 (viii) in subparagraph (J)— 

23 (I) in clause (ii), by striking ‘‘to 

24 carry out’’ and inserting ‘‘and assur-
949 

†S 1177 ES

1 ances that the liaison will have suffi2 cient training and time to carry out’’; 

3 (II) in clause (iii), in the matter 

4 preceding subclause (I), by striking 

5 ‘‘origin, as determined in paragraph 

6 (3)(A),’’ and inserting ‘‘origin (within 

7 the meaning of paragraph (3)(A)), 

8 which may include a preschool,’’; and 

9 (III) in subclauses (I) and (II) of 

10 clause (iii), by striking ‘‘homeless’’ 

11 each place it appears; 

12 (B) in paragraph (3)— 

13 (i) in subparagraph (A)(i)(I), by strik14 ing ‘‘or’’ at the end and inserting ‘‘and’’; 

15 (ii) in subparagraph (B)— 

16 (I) by striking ‘‘BEST INTEREST’’ 

17 and inserting ‘‘SCHOOL STABILITY’’; 

18 (II) by redesignating clause (iii) 

19 as clause (iv); 

20 (III) by striking clauses (i) and 

21 (ii) and inserting the following: 

22 ‘‘(i) presume that keeping the child or 

23 youth in the school of origin is in the 

24 child’s or youth’s best interest, except 

25 when doing so is contrary to the request of 
950 

†S 1177 ES

1 the child’s or youth’s parent or guardian, 

2 or (in the case of an unaccompanied 

3 youth) the youth; 

4 ‘‘(ii) consider factors related to the 

5 child’s or youth’s best interest, including 

6 factors related to the impact of mobility on 

7 achievement, health, and safety of home8 less children and youth, giving priority to 

9 the request of the child’s or youth’s parent 

10 or guardian or (in the case of an unaccom11 panied youth) the youth; 

12 ‘‘(iii) if after carrying out clauses (i) 

13 and (ii) the local educational agency sends 

14 the child or youth to a school other than 

15 the school of origin or a school requested 

16 as described in clause (ii), provide a writ17 ten explanation, including a statement re18 garding the right to appeal under subpara19 graph (E), to the child’s or youth’s parent 

20 or guardian, or (in the case of an unac21 companied youth) the youth; and’’; and 

22 (IV) in that clause (iv), by insert23 ing ‘‘and takes into account’’ after 

24 ‘‘considers’’; 
951 

†S 1177 ES

1 (iii) by striking subparagraph (C) and 

2 inserting the following: 

3 ‘‘(C) IMMEDIATE ENROLLMENT.— 

4 ‘‘(i) IN GENERAL.—The school se5 lected in accordance with this paragraph 

6 shall immediately enroll the homeless child 

7 or youth, even if the child or youth— 

8 ‘‘(I) is unable to produce records 

9 normally required for enrollment, such 

10 as previous academic records, records 

11 of immunization and other required 

12 health records, proof of residency, or 

13 other documentation; or 

14 ‘‘(II) has missed application or 

15 enrollment deadlines during any pe16 riod of homelessness. 

17 ‘‘(ii) RELEVANT ACADEMIC

18 RECORDS.—The enrolling school shall im19 mediately contact the school last attended 

20 by the child or youth to obtain relevant 

21 academic and other records. 

22 ‘‘(iii) RELEVANT HEALTH RECORDS.— 

23 If the child or youth needs to obtain immu24 nizations or health records, the enrolling 

25 school shall immediately refer the parent 
952 

†S 1177 ES

1 or guardian of the child or youth or (in the 

2 case of an unaccompanied youth) the 

3 youth, to the local educational agency liai4 son designated under paragraph (1)(J)(ii), 

5 who shall assist in obtaining necessary im6 munizations or screenings, or health 

7 records, in accordance with subparagraph 

8 (D).’’; 

9 (iv) in subparagraph (D)— 

10 (I) in the matter preceding clause 

11 (i), by striking ‘‘medical records’’ and 

12 inserting ‘‘health records’’; and 

13 (II) in clause (i), by inserting 

14 ‘‘involved’’ after ‘‘records’’; 

15 (v) in subparagraph (E)— 

16 (I) in the matter preceding clause 

17 (i), by striking ‘‘If’’ and all that fol18 lows through ‘‘school—’’ and inserting 

19 ‘‘If a dispute arises over eligibility for 

20 enrollment, school selection, or enroll21 ment in a public school, including a 

22 public preschool—’’; 

23 (II) in clause (i), by inserting be24 fore the semicolon the following: ‘‘, in25 cluding all available appeals’’; and 
953 

†S 1177 ES

1 (III) by striking clause (ii) and 

2 inserting the following: 

3 ‘‘(ii) the parent or guardian of the 

4 child or youth or (in the case of an unac5 companied youth) the youth shall be pro6 vided with a written explanation of any de7 cisions related to school selection or enroll8 ment made by the school, the local edu9 cational agency, or the State educational 

10 agency involved, including the rights of the 

11 parent, guardian, or unaccompanied youth 

12 to appeal such decisions;’’; 

13 (vi) by striking subparagraph (G) and 

14 inserting the following: 

15 ‘‘(G) PRIVACY.—Information about a 

16 homeless child’s or youth’s living situation shall 

17 be treated as a student education record, and 

18 not as directory information, under section 444 

19 of the General Education Provisions Act (20 

20 U.S.C. 1232g).’’; and 

21 (vii) by adding at the end the fol22 lowing: 

23 ‘‘(I) SCHOOL OF ORIGIN DEFINED.—In 

24 this paragraph: 
954 

†S 1177 ES

1 ‘‘(i) IN GENERAL.—The term ‘school 

2 of origin’ means the school that a child or 

3 youth attended when permanently housed 

4 or the school in which the child or youth 

5 was last enrolled. 

6 ‘‘(ii) RECEIVING SCHOOL.—In the 

7 case of a child or youth who completed the 

8 final grade level served by the school of or9 igin, as described in clause (i), the term 

10 ‘school of origin’ shall include the des11 ignated receiving school at the next grade 

12 level.’’; 

13 (C) in paragraph (4)— 

14 (i) in subparagraph (A), by inserting 

15 before the period the following ‘‘, which 

16 may include transportation to a pre17 school’’; 

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

19 ‘‘and educational’’ and all that follows and 

20 inserting ‘‘educational programs for 

21 English learners, charter school programs, 

22 and magnet school programs.’’; and 

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

24 ‘‘vocational’’ and inserting ‘‘career’’; 

25 (D) in paragraph (5)— 
955 

†S 1177 ES

1 (i) in subparagraph (A)— 

2 (I) in clause (i), by striking ‘‘pro3 grams providing’’ and inserting ‘‘enti4 ties providing’’; and 

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

6 ‘‘such as transportation or’’ and in7 serting ‘‘including transportation 

8 and’’; 

9 (ii) in subparagraph (C)— 

10 (I) by redesignating clauses (i) 

11 and (ii) as clauses (ii) and (iii), re12 spectively; 

13 (II) by inserting before clause 

14 (ii), as redesignated by subclause (I), 

15 the following: 

16 ‘‘(i) ensure that all homeless children 

17 and youths are promptly identified;’’; and 

18 (III) in clause (ii), as redesig19 nated by subclause (I), by striking 

20 ‘‘have access and’’ and inserting 

21 ‘‘have access to and are in’’; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(D) HOMELESS CHILDREN AND YOUTHS

25 WITH DISABILITIES.—For children and youths 
956 

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1 who are to be assisted both under this subtitle, 

2 and under the Individuals with Disabilities 

3 Education Act (20 U.S.C. 1400 et seq.), each 

4 local educational agency shall coordinate the 

5 provision of services under this subtitle with the 

6 provision of programs for children with disabil7 ities served by that local educational agency and 

8 other involved local educational agencies.’’; 

9 (E) in paragraph (6)— 

10 (i) in subparagraph (A)— 

11 (I) by redesignating clauses (iv) 

12 through (vii) as clauses (v) through 

13 (viii), respectively; 

14 (II) by striking clause (iii) and 

15 inserting the following: 

16 ‘‘(iii) homeless families and homeless 

17 children and youths have access to and re18 ceive educational services for which such 

19 families, children, and youths are eligible, 

20 including services through Head Start pro21 grams (including Early Head Start pro22 grams) under the Head Start Act (42 

23 U.S.C. 9831 et seq.), early intervention 

24 services under part C of the Individuals 

25 with Disabilities Education Act (20 U.S.C. 
957 

†S 1177 ES

1 1431 et seq.), and other preschool pro2 grams administered by the local edu3 cational agency; 

4 ‘‘(iv) homeless families and homeless 

5 children and youths receive referrals to 

6 health care services, dental services, mental 

7 health and substance abuse services, hous8 ing services, and other appropriate serv9 ices;’’; 

10 (III) by striking clause (vi), as 

11 redesignated by subclause (I), and in12 serting the following: 

13 ‘‘(vi) public notice of the educational 

14 rights of homeless children and youths is 

15 disseminated in locations frequented by 

16 parents and guardians of such children 

17 and youths, and unaccompanied youths, in18 cluding schools, shelters, public libraries, 

19 and soup kitchens, in a manner and form 

20 understandable to the parents and guard21 ians of homeless children and youths, and 

22 unaccompanied youths;’’; 

23 (IV) in clause (vii), as redesig24 nated by subclause (I), by striking 

25 ‘‘and’’ at the end; 
958 

†S 1177 ES

1 (V) in clause (viii), as redesig2 nated by subclause (I), by striking the 

3 period and inserting a semicolon; and 

4 (VI) by adding at the end the fol5 lowing: 

6 ‘‘(ix) school personnel providing serv7 ices under this subtitle receive professional 

8 development and other support; and 

9 ‘‘(x) unaccompanied youths— 

10 ‘‘(I) are enrolled in school; 

11 ‘‘(II) have opportunities to meet 

12 the same challenging State academic 

13 standards as the State establishes for 

14 other children and youth, including 

15 through implementation of the proce16 dures under paragraph (1)(F)(ii); and 

17 ‘‘(III) are informed of their sta18 tus as independent students under 

19 section 480 of the Higher Education 

20 Act of 1965 (20 U.S.C. 1087vv) and 

21 may obtain assistance to receive 

22 verification of such status for pur23 poses of the Free Application for Fed24 eral Student Aid described in section 

25 483 of such Act (20 U.S.C. 1090).’’; 
959 

†S 1177 ES

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

2 ‘‘and advocates’’ and all that follows and 

3 inserting ‘‘advocates working with home4 less families, parents and guardians of 

5 homeless children and youths, and home6 less children and youths who are in sec7 ondary school, of the duties of the local 

8 educational agency liaisons, and publish an 

9 annually updated list of the liaisons on the 

10 State educational agency’s website.’’; 

11 (iii) in subparagraph (C), by adding 

12 at the end the following: ‘‘Such coordina13 tion shall include collecting and providing 

14 to the State coordinator the reliable, valid, 

15 and comprehensive information and data 

16 needed to meet the requirements of para17 graphs (1) and (3) of subsection (f).’’; and 

18 (iv) by adding at the end the fol19 lowing: 

20 ‘‘(D) PROFESSIONAL DEVELOPMENT.—As 

21 determined appropriate by the State coordi22 nator, the local educational agency liaisons shall 

23 participate in the professional development ac24 tivities provided, and other technical assistance 

25 activities provided pursuant to paragraphs (5) 
960 

†S 1177 ES

1 and (6) of subsection (f), by the State coordi2 nator. 

3 ‘‘(E) CERTIFYING HOMELESS STATUS.—A 

4 local educational agency liaison or member of 

5 the personnel of a local educational agency who 

6 receives training described in subsection (f)(6) 

7 may certify a child or youth who is partici8 pating in a program provided by the local edu9 cational agency, or a parent or family of such 

10 a child or youth, who meets the eligibility re11 quirements of this Act for a program or service 

12 authorized under title IV, as eligible for the 

13 program or service.’’; and 

14 (F) in paragraph (7)— 

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

16 ‘‘that receives’’ and all that follows 

17 through ‘‘enrollment’’ and inserting ‘‘shall 

18 review and revise any policies that may act 

19 as barriers to the identification of homeless 

20 children and youths or enrollment’’; and 

21 (ii) in subparagraph (C), by striking 

22 ‘‘enrollment’’ and inserting ‘‘identification, 

23 enrollment,’’; and 

24 (7) by striking subsection (h). 
961 

†S 1177 ES

1 SEC. 10103. LOCAL EDUCATIONAL AGENCY SUBGRANTS. 

2 Section 723 of the McKinney-Vento Homeless Assist3 ance Act (42 U.S.C. 11433) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1), by inserting ‘‘identi6 fication of homeless children and youths and’’ 

7 before ‘‘enrollment,’’; and 

8 (B) in paragraph (2)(B), in the matter 

9 preceding clause (i), by inserting ‘‘the related’’ 

10 before ‘‘schools’’; 

11 (2) in subsection (b), by adding at the end the 

12 following: 

13 ‘‘(6) An assurance that the local educational 

14 agency will collect and promptly provide the infor15 mation and data requested by the State coordinator 

16 pursuant to paragraphs (1) and (3) of section 

17 722(f). 

18 ‘‘(7) An assurance that the applicant will meet 

19 the requirements of section 722(g)(3).’’; 

20 (3) in subsection (c)— 

21 (A) in paragraph (2)— 

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘preschool, elemen24 tary, and secondary schools’’ and inserting 

25 ‘‘early childhood education and other pre-
962 

†S 1177 ES

1 school programs, elementary schools, and 

2 secondary schools,’’; 

3 (ii) in subparagraph (A), by inserting 

4 ‘‘identification,’’ before ‘‘enrollment,’’; 

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

6 ‘‘application—’’ and all that follows and 

7 inserting ‘‘application reflects coordination 

8 with other local and State agencies that 

9 serve homeless children and youths.’’; and 

10 (iv) in subparagraph (C), by inserting 

11 ‘‘(as of the date of submission of the appli12 cation)’’ after ‘‘practice’’; 

13 (B) in paragraph (3)— 

14 (i) in subparagraph (C), by inserting 

15 ‘‘extent to which the applicant will promote 

16 meaningful’’ after ‘‘The’’; 

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

18 ‘‘within’’ and inserting ‘‘into’’; 

19 (iii) by redesignating subparagraph 

20 (G) as subparagraph (I); 

21 (iv) by inserting after subparagraph 

22 (F) the following: 

23 ‘‘(G) The extent to which the local edu24 cational agency will use the subgrant to lever25 age resources. 
963 

†S 1177 ES

1 ‘‘(H) How the local educational agency 

2 uses funds to serve homeless children and 

3 youths under section 1113(a)(4) of the Elemen4 tary and Secondary Education Act of 1965 (20 

5 U.S.C. 6313(a)(4)).’’; and 

6 (v) in subparagraph (I), as redesig7 nated by clause (iii), by striking ‘‘Such’’ 

8 and inserting ‘‘The extent to which the ap9 plicant’s program meets such’’; and 

10 (4) in subsection (d)— 

11 (A) in paragraph (1), by striking ‘‘the 

12 same challenging State academic content stand13 ards and challenging State student academic 

14 achievement standards’’ and inserting ‘‘the 

15 same challenging State academic standards as’’; 

16 (B) in paragraph (2)— 

17 (i) by striking ‘‘students with limited 

18 English proficiency’’ and inserting 

19 ‘‘English learners’’; and 

20 (ii) by striking ‘‘vocational’’ and in21 serting ‘‘career’’; 

22 (C) in paragraph (3), by striking ‘‘pupil 

23 services’’ and inserting ‘‘specialized instruc24 tional support services’’; 
964 

†S 1177 ES

1 (D) in paragraph (7), by striking ‘‘and un2 accompanied youths,’’ and inserting ‘‘particu3 larly homeless children and youths who are not 

4 enrolled in school,’’; 

5 (E) in paragraph (9), by striking ‘‘med6 ical’’ and inserting ‘‘other health’’; 

7 (F) by striking paragraph (10) and insert8 ing the following: 

9 ‘‘(10) The provision of education and training 

10 to the parents and guardians of homeless children 

11 and youths about the rights of, and resources avail12 able to, such children and youths, and the provision 

13 of other activities designed to increase the meaning14 ful involvement of parents and guardians of home15 less children or youths in the education of the chil16 dren or youths.’’; 

17 (G) in paragraph (12), by striking ‘‘pupil 

18 services’’ and inserting ‘‘specialized instruc19 tional support services’’; 

20 (H) in paragraph (13), by inserting before 

21 the period the following: ‘‘or parental mental 

22 health or substance abuse problems’’; and 

23 (I) in paragraph (16), by striking ‘‘to at24 tend school’’ and inserting ‘‘to enroll, attend, 
965 

†S 1177 ES

1 and succeed in school (including a preschool 

2 program)’’. 

3 SEC. 10104. SECRETARIAL RESPONSIBILITIES. 

4 Section 724 of the McKinney-Vento Homeless Assist5 ance Act (42 U.S.C. 11434) is amended— 

6 (1) by striking subsection (c) and inserting the 

7 following: 

8 ‘‘(c) NOTICE.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall, before 

10 the next school year that begins after the date of en11 actment of the Every Child Achieves Act of 2015, 

12 update and disseminate nationwide the public notice 

13 described in this subsection (as in effect prior to 

14 such date) of the educational rights of homeless chil15 dren and youths. 

16 ‘‘(2) DISSEMINATION.—The Secretary shall dis17 seminate the notice nationally to all Federal agen18 cies, and grant recipients, serving homeless families 

19 or homeless children and youth.’’; 

20 (2) by striking subsection (d) and inserting the 

21 following: 

22 ‘‘(d) EVALUATION, DISSEMINATION, AND TECHNICAL

23 ASSISTANCE.—The Secretary shall conduct evaluation, 

24 dissemination, and technical assistance activities for pro25 grams designed to meet the educational needs of homeless 
966 

†S 1177 ES

1 elementary and secondary school students, and may use 

2 funds appropriated under section 726 to conduct such ac3 tivities.’’; 

4 (3) in subsection (f), by adding at the end the 

5 following: ‘‘The Secretary shall provide support and 

6 technical assistance to State educational agencies, 

7 concerning areas in which documented barriers to a 

8 free appropriate public education persist.’’; 

9 (4) by striking subsection (g) and inserting the 

10 following: 

11 ‘‘(g) GUIDELINES.—The Secretary shall develop, 

12 issue, and publish in the Federal Register, not later than 

13 60 days after the date of enactment of the Every Child 

14 Achieves Act of 2015, guidelines concerning ways in which 

15 a State— 

16 ‘‘(1) may assist local educational agencies to 

17 implement the provisions related to homeless chil18 dren and youth amended by that Act; and 

19 ‘‘(2) may review and revise State policies and 

20 procedures that may present barriers to the identi21 fication of homeless children and youth, and the en22 rollment, attendance, and success of homeless chil23 dren and youths in school.’’; 

24 (5) in subsection (h)— 
967 

†S 1177 ES

1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘periodically’’ and inserting 

3 ‘‘periodically but not less frequently than once 

4 every 2 years,’’; 

5 (B) in subparagraph (A), by striking ‘‘lo6 cation’’ and all that follows and inserting ‘‘loca7 tion (in cases in which location can be identi8 fied) of homeless children and youth, in all 

9 areas served by local educational agencies under 

10 this subtitle;’’; 

11 (C) in subparagraph (C), by striking 

12 ‘‘and’’ at the end; 

13 (D) by redesignating subparagraph (D) as 

14 subparagraph (E); and 

15 (E) by inserting after subparagraph (C) 

16 the following: 

17 ‘‘(D) the academic progress being made by 

18 homeless children and youth, including the per19 centage or number of homeless children and 

20 youth participating in State assessments under 

21 section 1111(b)(2) of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 

23 6311(b)(2)); and’’; and 

24 (6) in subsection (i), by striking ‘‘McKinney25 Vento Homeless Education Assistance Improvements 
968 

†S 1177 ES

1 Act of 2001’’ and inserting ‘‘Every Child Achieves 

2 Act of 2015’’. 

3 SEC. 10105. DEFINITIONS. 

4 (a) AMENDMENTS.—Section 725 of the McKinney5 Vento Homeless Assistance Act (42 U.S.C. 11434a) is 

6 amended— 

7 (1) in paragraph (2)(B)(i), by striking ‘‘or are 

8 awaiting foster care placement;’’; and 

9 (2) in paragraph (6), by striking ‘‘youth’’ and 

10 inserting ‘‘homeless child or youth’’. 

11 (b) EFFECTIVE DATE.— 

12 (1) IN GENERAL.—In the case of a State that 

13 is not a covered State, the amendment made by sub14 section (a)(1) shall take effect on the date that is 1 

15 year after the date of enactment of this Act. 

16 (2) COVERED STATE.—In the case of a covered 

17 State, the amendment made by subsection (a)(1) 

18 shall take effect on the date that is 2 years after the 

19 date of enactment of this Act. 

20 (c) COVERED STATE.—For purposes of this section 

21 the term ‘‘covered State’’ means a State that has a statu22 tory law that defines or describes the phrase ‘‘awaiting 

23 foster care placement’’, for purposes of a program under 

24 subtitle B of title VII of the McKinney-Vento Homeless 

25 Assistance Act (42 U.S.C. 11431 et seq.). 
969 

†S 1177 ES

1 SEC. 10106. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 726 of the McKinney-Vento Homeless Assist3 ance Act (42 U.S.C. 11435) is amended to read as follows: 

4 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘There are authorized to be appropriated to carry out 

6 this subtitle such sums as may be necessary for each of 

7 fiscal years 2016 through 2021.’’. 

8 PART B—OTHER LAWS; MISCELLANEOUS 

9 SEC. 10201. USE OF TERM ‘‘HIGHLY QUALIFIED’’ IN OTHER 

10 LAWS. 

11 Beginning on the date of the enactment of this Act, 

12 any reference in law to the term ‘‘highly qualified’’, as de13 fined in section 9101 of the Elementary and Secondary 

14 Education Act of 1965 (20 U.S.C. 7801), shall be treated 

15 as a reference to such term under section 9101 of the Ele16 mentary and Secondary Education Act of 1965 as in effect 

17 on the day before the date of the enactment of this Act. 

18 SEC. 10202. DEPARTMENT STAFF. 

19 The Secretary of Education shall— 

20 (1) not later than 90 days after the date of the 

21 enactment of this Act— 

22 (A) identify the number of Department of 

23 Education employees who worked on or admin24 istered each education program and project au25 thorized under the Elementary and Secondary 

26 Education Act of 1965 (20 U.S.C. 6301 et 
970 

†S 1177 ES

1 seq.), as such program or project was in effect 

2 on the day before such enactment date, and 

3 publish such information on the Department of 

4 Education’s website; and 

5 (B) identify the number of full-time equiv6 alent employees who work on or administer pro7 grams or projects that— 

8 (i) were authorized under the Elemen9 tary and Secondary Education Act of 1965 

10 (20 U.S.C. 6301 et seq.), as in effect on 

11 the day before such enactment date; and 

12 (ii) have been eliminated or consoli13 dated since such date; and 

14 (2) not later than 1 year after the date of the 

15 enactment of this Act, prepare and submit a report 

16 to Congress on— 

17 (A) the number of employees associated 

18 with each program or project authorized under 

19 the Elementary and Secondary Education Act 

20 of 1965 (20 U.S.C. 6301 et seq.) administered 

21 by the Department, disaggregated by employee 

22 function with each such program or project; 

23 (B) the number of full-time equivalent em24 ployees who were determined to be associated 
971 

†S 1177 ES

1 with eliminated or consolidated programs or 

2 projects under paragraph (1)(B); and 

3 (C) how the Secretary addressed the find4 ings of paragraph (1)(B) relating to the num5 ber of full-time equivalent employees who 

6 worked on or administered programs or projects 

7 authorized under the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 6301 

9 et seq.), as in effect on the day before such en10 actment date, that have been eliminated or con11 solidated since such date. 

12 SEC. 10203. REPORT ON DEPARTMENT ACTIONS TO AD13 DRESS OFFICE OF THE INSPECTOR GENERAL 

14 CHARTER SCHOOL REPORTS. 

15 Not later than 6 months after the date of enactment 

16 of this Act, the Secretary of Education shall prepare and 

17 submit to the Committee on Health, Education, Labor, 

18 and Pensions of the Senate, the Committee on Education 

19 and the Workforce of the House of Representatives, and 

20 the relevant appropriations committees of Congress, and 

21 to the public via the Department’s website, a report con22 taining an update on the Department of Education’s con23 tinued implementation of the recommendations— 

24 (1) responding to the March 9, 2010, final 

25 management information report of the Office of the 
972 

†S 1177 ES

1 Inspector General of the Department of Education, 

2 which expressed concern about findings of inad3 equate oversight by local educational agencies and 

4 authorized public chartering agencies to ensure Fed5 eral funds are properly used and accounted for; 

6 (2) responding to the September 2012 report of 

7 the Office of the Inspector General of the Depart8 ment of Education entitled ‘‘The Office of Innova9 tion and Improvement’s Oversight and Monitoring of 

10 the Charter Schools Program’s Planning and Imple11 mentation Grants Final Audit Report’’ finding that 

12 none of the 3 States whose charter schools programs 

13 that Office investigated adequately monitored the 

14 public charter schools that the States funded; and 

15 (3) describing actions the Department of Edu16 cation has taken to address the concerns described 

17 in such memorandum and final audit report. 

18 SEC. 10204. COMPTROLLER GENERAL STUDY ON INCREAS19 ING EFFECTIVENESS OF EXISTING SERVICES 

20 AND PROGRAMS INTENDED TO BENEFIT 

21 CHILDREN. 

22 Not later than 2 years after the date of the enact23 ment of this Act, the Comptroller General shall provide 

24 to the Committee on Health, Education, Labor, and Pen25 sions of the Senate and the Committee on Education and 
973 

†S 1177 ES

1 the Workforce of the House of Representatives a report 

2 that includes— 

3 (1) a description and assessment of the existing 

4 federally funded services and programs across all 

5 agencies that have a purpose or are intended to ben6 efit or serve children, including— 

7 (A) the purposes, goals, and organizational 

8 and administrative structure of such services 

9 and programs at the Federal, State, and local 

10 level; and 

11 (B) methods of delivery and implementa12 tion; and 

13 (2) recommendations to increase the effective14 ness, coordination, and integration of such services 

15 and programs, across agencies and levels of govern16 ment, in order to leverage existing resources and 

17 better and more comprehensively serve children. 

18 SEC. 10205. POSTHUMOUS PARDON. 

19 (a) FINDINGS.—Congress finds the following: 

20 (1) John Arthur ‘‘Jack’’ Johnson was a flam21 boyant, defiant, and controversial figure in the his22 tory of the United States who challenged racial bi23 ases. 

24 (2) Jack Johnson was born in Galveston, 

25 Texas, in 1878 to parents who were former slaves. 
974 

†S 1177 ES

1 (3) Jack Johnson became a professional boxer 

2 and traveled throughout the United States, fighting 

3 White and African-American heavyweights. 

4 (4) After being denied (on purely racial 

5 grounds) the opportunity to fight 2 White cham6 pions, in 1908, Jack Johnson was granted an oppor7 tunity by an Australian promoter to fight the reign8 ing White title-holder, Tommy Burns. 

9 (5) Jack Johnson defeated Tommy Burns to 

10 become the first African-American to hold the title 

11 of Heavyweight Champion of the World. 

12 (6) The victory by Jack Johnson over Tommy 

13 Burns prompted a search for a White boxer who 

14 could beat Jack Johnson, a recruitment effort that 

15 was dubbed the search for the ‘‘great white hope’’. 

16 (7) In 1910, a White former champion named 

17 Jim Jeffries left retirement to fight Jack Johnson in 

18 Reno, Nevada. 

19 (8) Jim Jeffries lost to Jack Johnson in what 

20 was deemed the ‘‘Battle of the Century’’. 

21 (9) The defeat of Jim Jeffries by Jack Johnson 

22 led to rioting, aggression against African-Americans, 

23 and the racially-motivated murder of African-Ameri24 cans throughout the United States. 
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1 (10) The relationships of Jack Johnson with 

2 White women compounded the resentment felt to3 ward him by many Whites. 

4 (11) Between 1901 and 1910, 754 African5 Americans were lynched, some simply for being ‘‘too 

6 familiar’’ with White women. 

7 (12) In 1910, Congress passed the Act of June 

8 25, 1910 (commonly known as the ‘‘White Slave 

9 Traffic Act’’ or the ‘‘Mann Act’’) (18 U.S.C. 2421 

10 et seq.), which outlawed the transportation of 

11 women in interstate or foreign commerce ‘‘for the 

12 purpose of prostitution or debauchery, or for any 

13 other immoral purpose’’. 

14 (13) In October 1912, Jack Johnson became in15 volved with a White woman whose mother dis16 approved of their relationship and sought action 

17 from the Department of Justice, claiming that Jack 

18 Johnson had abducted her daughter. 

19 (14) Jack Johnson was arrested by Federal 

20 marshals on October 18, 1912, for transporting the 

21 woman across State lines for an ‘‘immoral purpose’’ 

22 in violation of the Mann Act. 

23 (15) The Mann Act charges against Jack John24 son were dropped when the woman refused to co-
976 

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1 operate with Federal authorities, and then married 

2 Jack Johnson. 

3 (16) Federal authorities persisted and sum4 moned a White woman named Belle Schreiber, who 

5 testified that Jack Johnson had transported her 

6 across States lines for the purpose of ‘‘prostitution 

7 and debauchery’’. 

8 (17) In 1913, Jack Johnson was convicted of 

9 violating the Mann Act and sentenced to 1 year and 

10 1 day in Federal prison. 

11 (18) Jack Johnson fled the United States to 

12 Canada and various European and South American 

13 countries. 

14 (19) Jack Johnson lost the Heavyweight Cham15 pionship title to Jess Willard in Cuba in 1915. 

16 (20) Jack Johnson returned to the United 

17 States in July 1920, surrendered to authorities, and 

18 served nearly a year in the Federal penitentiary at 

19 Leavenworth, Kansas. 

20 (21) Jack Johnson subsequently fought in box21 ing matches, but never regained the Heavyweight 

22 Championship title. 

23 (22) Jack Johnson served the United States 

24 during World War II by encouraging citizens to buy 
977 

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1 war bonds and participating in exhibition boxing 

2 matches to promote the war bond cause. 

3 (23) Jack Johnson died in an automobile acci4 dent in 1946. 

5 (24) In 1954, Jack Johnson was inducted into 

6 the Boxing Hall of Fame. 

7 (25) Senate Concurrent Resolution 29, 111th 

8 Congress, agreed to July 29, 2009, expressed the 

9 sense of the 111th Congress that Jack Johnson 

10 should receive a posthumous pardon for his racially11 motivated 1913 conviction. 

12 (b) RECOMMENDATIONS.—It remains the sense of 

13 Congress that Jack Johnson should receive a posthumous 

14 pardon— 

15 (1) to expunge a racially-motivated abuse of the 

16 prosecutorial authority of the Federal Government 

17 from the annals of criminal justice in the United 

18 States; and 

19 (2) in recognition of the athletic and cultural 

20 contributions of Jack Johnson to society. 

21 SEC. 10206. EDUCATION FLEXIBILITY PARTNERSHIP ACT 

22 OF 1999 REAUTHORIZATION. 

23 (a) DEFINITIONS.—Section 3 of the Education Flexi24 bility Partnership Act of 1999 (20 U.S.C. 5891a) is 

25 amended— 
978 

†S 1177 ES

1 (1) in paragraph (1)— 

2 (A) in the paragraph heading, by striking 

3 ‘‘LOCAL’’ and inserting ‘‘EDUCATIONAL SERV4 ICE AGENCY; LOCAL’’; and 

5 (B) by striking ‘‘The terms’’ and inserting 

6 ‘‘The terms ‘educational service agency’,’’; and 

7 (2) in paragraph (2), by striking ‘‘section 

8 1113(a)(2)’’ and inserting ‘‘section 1113(a)(1)(B)’’. 

9 (b) GENERAL PROVISIONS.—Section 4 of the Edu10 cation Flexibility Partnership Act of 1999 (20 U.S.C. 

11 5891b) is amended to read as follows: 

12 ‘‘SEC. 4. EDUCATION FLEXIBILITY PROGRAM. 

13 ‘‘(a) EDUCATIONAL FLEXIBILITY PROGRAM.— 

14 ‘‘(1) PROGRAM AUTHORIZED.— 

15 ‘‘(A) IN GENERAL.—The Secretary may 

16 carry out an educational flexibility program 

17 under which the Secretary authorizes a State 

18 educational agency that serves an eligible State 

19 to waive statutory or regulatory requirements 

20 applicable to one or more programs described in 

21 subsection (b), other than requirements de22 scribed in subsection (c), for any local edu23 cational agency, educational service agency, or 

24 school within the State. 
979 

†S 1177 ES

1 ‘‘(B) DESIGNATION.—Each eligible State 

2 participating in the program described in sub3 paragraph (A) shall be known as an ‘Ed-Flex 

4 Partnership State’. 

5 ‘‘(2) ELIGIBLE STATE.—For the purpose of this 

6 section, the term ‘eligible State’ means a State 

7 that— 

8 ‘‘(A) has— 

9 ‘‘(i) developed and implemented the 

10 challenging State academic standards, and 

11 aligned assessments, described in para12 graphs (1) and (2) of section 1111(b) of 

13 the Elementary and Secondary Education 

14 Act of 1965, and is producing the report 

15 cards required by section 1111(d)(2) of 

16 such Act; or 

17 ‘‘(ii) if the State has adopted new 

18 challenging State academic standards 

19 under section 1111(b)(1) of the Elemen20 tary and Secondary Education Act of 

21 1965, as a result of the amendments made 

22 to such Act by the Every Child Achieves 

23 Act of 2015, and has made substantial 

24 progress (as determined by the Secretary) 

25 toward developing and implementing such 
980 

†S 1177 ES

1 standards and toward producing the report 

2 cards required under section 1111(d)(2) of 

3 such Act; 

4 ‘‘(B) will hold local educational agencies, 

5 educational service agencies, and schools ac6 countable for meeting the educational goals de7 scribed in the local applications submitted 

8 under paragraph (4) and for engaging in tech9 nical assistance and, as applicable and appro10 priate, intervention and support strategies con11 sistent with section 1114 of the Elementary and 

12 Secondary Education Act of 1965, for the 

13 schools that are identified as in need of inter14 vention and support as described in section 

15 1111(b)(3) of such Act; and 

16 ‘‘(C) waives State statutory or regulatory 

17 requirements relating to education while holding 

18 local educational agencies, educational service 

19 agencies, or schools within the State that are 

20 affected by such waivers accountable for the 

21 performance of the students who are affected 

22 by such waivers. 

23 ‘‘(3) STATE APPLICATION.— 

24 ‘‘(A) IN GENERAL.—Each State edu25 cational agency desiring to participate in the 
981 

†S 1177 ES

1 educational flexibility program under this sec2 tion shall submit an application to the Sec3 retary at such time, in such manner, and con4 taining such information as the Secretary may 

5 reasonably require. Each such application shall 

6 demonstrate that the eligible State has adopted 

7 an educational flexibility plan for the State that 

8 includes— 

9 ‘‘(i) a description of the process the 

10 State educational agency will use to evalu11 ate applications from local educational 

12 agencies, educational service agencies, or 

13 schools requesting waivers of— 

14 ‘‘(I) Federal statutory or regu15 latory requirements as described in 

16 paragraph (1)(A); and 

17 ‘‘(II) State statutory or regu18 latory requirements relating to edu19 cation; 

20 ‘‘(ii) a detailed description of the 

21 State statutory and regulatory require22 ments relating to education that the State 

23 educational agency will waive; 

24 ‘‘(iii) a description of clear edu25 cational objectives the State intends to 
982 

†S 1177 ES

1 meet under the educational flexibility plan, 

2 which may include innovative methods to 

3 leverage resources to improve program effi4 ciencies that benefit students; 

5 ‘‘(iv) a description of how the edu6 cational flexibility plan is coordinated with 

7 activities described in section 1111(b) of 

8 the Elementary and Secondary Education 

9 Act of 1965 and section 1114 of such Act; 

10 ‘‘(v) a description of how the State 

11 educational agency will evaluate (consistent 

12 with the requirements of title I of the Ele13 mentary and Secondary Education Act of 

14 1965), the performance of students in the 

15 schools, educational service agencies, and 

16 local educational agencies affected by the 

17 waivers; and 

18 ‘‘(vi) a description of how the State 

19 educational agency will meet the require20 ments of paragraph (7). 

21 ‘‘(B) APPROVAL AND CONSIDERATIONS.— 

22 ‘‘(i) IN GENERAL.—By not later than 

23 90 days after the date on which a State 

24 has submitted an application described in 

25 subparagraph (A), the Secretary shall 
983 

†S 1177 ES

1 issue a written decision that explains why 

2 such application has been approved or dis3 approved, and the process for revising and 

4 resubmitting the application for reconsider5 ation. 

6 ‘‘(ii) APPROVAL.—The Secretary may 

7 approve an application described in sub8 paragraph (A) only if the Secretary deter9 mines that such application demonstrates 

10 substantial promise of assisting the State 

11 educational agency and affected local edu12 cational agencies, educational service agen13 cies, and schools within the State in car14 rying out comprehensive educational re15 form, after considering— 

16 ‘‘(I) the eligibility of the State as 

17 described in paragraph (2); 

18 ‘‘(II) the comprehensiveness and 

19 quality of the educational flexibility 

20 plan described in subparagraph (A); 

21 ‘‘(III) the ability of the edu22 cational flexibility plan to ensure ac23 countability for the activities and 

24 goals described in such plan; 
984 

†S 1177 ES

1 ‘‘(IV) the degree to which the 

2 State’s objectives described in sub3 paragraph (A)(iii)— 

4 ‘‘(aa) are clear and have the 

5 ability to be assessed; and 

6 ‘‘(bb) take into account the 

7 performance of local educational 

8 agencies, educational service 

9 agencies, or schools, and stu10 dents, particularly those affected 

11 by waivers; 

12 ‘‘(V) the significance of the State 

13 statutory or regulatory requirements 

14 relating to education that will be 

15 waived; and 

16 ‘‘(VI) the quality of the State 

17 educational agency’s process for ap18 proving applications for waivers of 

19 Federal statutory or regulatory re20 quirements as described in paragraph 

21 (1)(A) and for monitoring and evalu22 ating the results of such waivers. 

23 ‘‘(4) LOCAL APPLICATION.— 

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

25 agency, educational service agency, or school re-
985 

†S 1177 ES

1 questing a waiver of a Federal statutory or reg2 ulatory requirement as described in paragraph 

3 (1)(A) and any relevant State statutory or reg4 ulatory requirement from a State educational 

5 agency shall submit an application to the State 

6 educational agency at such time, in such man7 ner, and containing such information as the 

8 State educational agency may reasonably re9 quire. Each such application shall— 

10 ‘‘(i) indicate each Federal program af11 fected and each statutory or regulatory re12 quirement that will be waived; 

13 ‘‘(ii) describe the purposes and overall 

14 expected results of waiving each such re15 quirement, which may include innovative 

16 methods to leverage resources to improve 

17 program efficiencies that benefit students; 

18 ‘‘(iii) describe, for each school year, 

19 specific, measurable, educational goals for 

20 each local educational agency, educational 

21 service agency, or school affected by the 

22 proposed waiver, and for the students 

23 served by the local educational agency, 

24 educational service agency, or school who 

25 are affected by the waiver; 
986 

†S 1177 ES

1 ‘‘(iv) explain why the waiver will as2 sist the local educational agency, edu3 cational service agency, or school in reach4 ing such goals; and 

5 ‘‘(v) in the case of an application from 

6 a local educational agency or educational 

7 service agency, describe how the agency 

8 will meet the requirements of paragraph 

9 (7). 

10 ‘‘(B) EVALUATION OF APPLICATIONS.—A 

11 State educational agency shall evaluate an ap12 plication submitted under subparagraph (A) in 

13 accordance with the State’s educational flexi14 bility plan described in paragraph (3)(A). 

15 ‘‘(C) APPROVAL.—A State educational 

16 agency shall not approve an application for a 

17 waiver under this paragraph unless— 

18 ‘‘(i) the local educational agency, edu19 cational service agency, or school request20 ing such waiver has developed a local re21 form plan that— 

22 ‘‘(I) is applicable to such agency 

23 or school, respectively; and 

24 ‘‘(II) may include innovative 

25 methods to leverage resources to im-
987 

†S 1177 ES

1 prove program efficiencies that benefit 

2 students; 

3 ‘‘(ii) the waiver of Federal statutory 

4 or regulatory requirements as described in 

5 paragraph (1)(A) will assist the local edu6 cational agency, educational service agen7 cy, or school in reaching its educational 

8 goals, particularly goals with respect to 

9 school and student performance; and 

10 ‘‘(iii) the State educational agency is 

11 satisfied that the underlying purposes of 

12 the statutory requirements of each pro13 gram for which a waiver is granted will 

14 continue to be met. 

15 ‘‘(D) TERMINATION.—The State edu16 cational agency shall annually review the per17 formance of any local educational agency, edu18 cational service agency, or school granted a 

19 waiver of Federal statutory or regulatory re20 quirements as described in paragraph (1)(A) in 

21 accordance with the evaluation requirement de22 scribed in paragraph (3)(A)(v), and shall termi23 nate or temporarily suspend any waiver granted 

24 to the local educational agency, educational 

25 service agency, or school if the State edu-
988 

†S 1177 ES

1 cational agency determines, after notice and an 

2 opportunity for a hearing, that— 

3 ‘‘(i) there is compelling evidence of 

4 systematic waste, fraud, or abuse; 

5 ‘‘(ii) the performance of the local edu6 cational agency, educational service agen7 cy, or school with respect to meeting the 

8 accountability requirement described in 

9 paragraph (2)(C) and the goals described 

10 in paragraph (4)(A)(iii) has been inad11 equate to justify continuation of such waiv12 er; 

13 ‘‘(iii) student achievement in the local 

14 educational agency, educational service 

15 agency, or school has decreased; or 

16 ‘‘(iv) goals established by the State 

17 under section 1111(b)(3) of the Elemen18 tary and Secondary Education Act of 1965 

19 have not been met. 

20 ‘‘(5) OVERSIGHT AND REPORTING.— 

21 ‘‘(A) OVERSIGHT.—Each State educational 

22 agency participating in the educational flexi23 bility program under this section shall annually 

24 monitor the activities of local educational agen-
989 

†S 1177 ES

1 cies, educational service agencies, and schools 

2 receiving waivers under this section. 

3 ‘‘(B) STATE REPORTS.— 

4 ‘‘(i) ANNUAL REPORTS.—The State 

5 educational agency shall submit to the Sec6 retary an annual report on the results of 

7 such oversight and the impact of the waiv8 ers on school and student performance. 

9 ‘‘(ii) PERFORMANCE DATA.—Not later 

10 than 2 years after the date a State is des11 ignated an Ed-Flex Partnership State, 

12 each such State shall include, as part of 

13 the State’s annual report submitted under 

14 clause (i), data demonstrating the degree 

15 to which progress has been made toward 

16 meeting the State’s educational objectives. 

17 The data, when applicable, shall include— 

18 ‘‘(I) information on the total 

19 number of waivers granted for Fed20 eral and State statutory and regu21 latory requirements under this sec22 tion, including the number of waivers 

23 granted for each type of waiver; 

24 ‘‘(II) information describing the 

25 effect of the waivers on the implemen-
990 

†S 1177 ES

1 tation of State and local educational 

2 reforms pertaining to school and stu3 dent performance; 

4 ‘‘(III) information describing the 

5 relationship of the waivers to the per6 formance of schools and students af7 fected by the waivers; and 

8 ‘‘(IV) an assurance from State 

9 program managers that the data re10 ported under this section are reliable, 

11 complete, and accurate, as defined by 

12 the State, or a description of a plan 

13 for improving the reliability, complete14 ness, and accuracy of such data as de15 fined by the State. 

16 ‘‘(C) SECRETARY’S REPORTS.—The Sec17 retary shall annually— 

18 ‘‘(i) make each State report submitted 

19 under subparagraph (B) available to Con20 gress and the public; and 

21 ‘‘(ii) submit to Congress a report that 

22 summarizes the State reports and de23 scribes the effects that the educational 

24 flexibility program under this section had 

25 on the implementation of State and local 
991 

†S 1177 ES

1 educational reforms and on the perform2 ance of students affected by the waivers. 

3 ‘‘(6) DURATION OF FEDERAL WAIVERS.— 

4 ‘‘(A) IN GENERAL.— 

5 ‘‘(i) DURATION.—The Secretary shall 

6 approve the application of a State edu7 cational agency under paragraph (3) for a 

8 period of not more than 5 years. 

9 ‘‘(ii) AUTOMATIC EXTENSION DURING

10 REVIEW.—The Secretary shall automati11 cally extend the authority of a State to 

12 continue as an Ed-Flex Partnership State 

13 until the Secretary has— 

14 ‘‘(I) completed the performance 

15 review of the State educational agen16 cy’s education flexibility plan as de17 scribed in subparagraph (B); and 

18 ‘‘(II) issued a final decision of 

19 any pending request for renewal that 

20 was submitted by the State edu21 cational agency. 

22 ‘‘(iii) EXTENSION OF APPROVAL.— 

23 The Secretary may extend the authority of 

24 a State to continue as an Ed-Flex Partner25 ship State if the Secretary determines that 
992 

†S 1177 ES

1 the authority of the State educational 

2 agency to grant waivers— 

3 ‘‘(I) has been effective in ena4 bling such State or affected local edu5 cational agencies, educational service 

6 agencies, or schools to carry out their 

7 State or local reform plans and to 

8 continue to meet the accountability re9 quirement described in paragraph 

10 (2)(C); and 

11 ‘‘(II) has improved student per12 formance. 

13 ‘‘(B) PERFORMANCE REVIEW.— 

14 ‘‘(i) IN GENERAL.—Following the ex15 piration of an approved educational flexi16 bility program for a State that is des17 ignated an Ed-Flex Partnership State, the 

18 Secretary shall have not more than 180 

19 days to complete a review of the perform20 ance of the State educational agency in 

21 granting waivers of Federal statutory or 

22 regulatory requirements as described in 

23 paragraph (1)(A) to determine if the State 

24 educational agency— 
993 

†S 1177 ES

1 ‘‘(I) has achieved, or is making 

2 substantial progress towards achiev3 ing, the objectives described in the ap4 plication submitted pursuant to para5 graph (3)(A)(iii) and the specific goals 

6 established in section 1111(b)(3) of 

7 the Elementary and Secondary Edu8 cation Act of 1965; and 

9 ‘‘(II) demonstrates that local 

10 educational agencies, educational serv11 ice agencies, or schools affected by the 

12 waiver authority or waivers have 

13 achieved, or are making progress to14 ward achieving, the desired results de15 scribed in the application submitted 

16 pursuant to paragraph (4)(A)(iii). 

17 ‘‘(ii) TERMINATION OF AUTHORITY.— 

18 The Secretary shall terminate the author19 ity of a State educational agency to grant 

20 waivers of Federal statutory or regulatory 

21 requirements as described in paragraph 

22 (1)(A) if the Secretary determines, after 

23 providing the State educational agency 

24 with notice and an opportunity for a hear25 ing, that such agency’s performance has 
994 

†S 1177 ES

1 been inadequate to justify continuation of 

2 such authority based on agency’s perform3 ance against specific goals in section 

4 1111(b)(3) of the Elementary and Sec5 ondary Education Act of 1965. 

6 ‘‘(C) RENEWAL.— 

7 ‘‘(i) IN GENERAL.—Each State edu8 cational agency desiring to renew an ap9 proved educational flexibility program 

10 under this section shall submit a request 

11 for renewal to the Secretary not later than 

12 the date of expiration of the approved edu13 cational flexibility program. 

14 ‘‘(ii) TIMING FOR RENEWAL.—The 

15 Secretary shall either approve or deny the 

16 request for renewal by not later than 90 

17 days after completing the performance re18 view of the State described in paragraph 

19 (6)(B). 

20 ‘‘(iii) DETERMINATION.—In deciding 

21 whether to extend a request of a State 

22 educational agency for the authority to 

23 issue waivers under this section, the Sec24 retary shall review the progress of the 
995 

†S 1177 ES

1 State educational agency to determine if 

2 the State educational agency— 

3 ‘‘(I) has made progress toward 

4 achieving the objectives described in 

5 the State application submitted pursu6 ant to paragraph (3)(A)(iii); and 

7 ‘‘(II) demonstrates in the request 

8 that local educational agencies, edu9 cational service agencies, or schools 

10 affected by the waiver authority or 

11 waivers have made progress toward 

12 achieving the desired results described 

13 in the local application submitted pur14 suant to paragraph (4)(A)(iii). 

15 ‘‘(D) TERMINATION.— 

16 ‘‘(i) IN GENERAL.—The Secretary 

17 shall terminate or temporarily suspend the 

18 authority of a State educational agency to 

19 grant waivers under this section if the Sec20 retary determines that— 

21 ‘‘(I) there is compelling evidence 

22 of systematic waste, fraud or abuse; 

23 or 

24 ‘‘(II) after notice and an oppor25 tunity for a hearing, such agency’s 
996 

†S 1177 ES

1 performance (including performance 

2 with respect to meeting the objectives 

3 described in paragraph (3)(A)(iii)) 

4 has been inadequate to justify con5 tinuation of such authority. 

6 ‘‘(ii) LIMITED COMPLIANCE PERIOD.— 

7 A State whose authority to grant such 

8 waivers has been terminated shall have not 

9 more than 1 additional fiscal year to come 

10 into compliance in order to seek renewal of 

11 the authority to grant waivers under this 

12 section. 

13 ‘‘(7) PUBLIC NOTICE AND COMMENT.—Each 

14 State educational agency seeking waiver authority 

15 under this section and each local educational agency, 

16 educational service agency, or school seeking a waiv17 er under this section— 

18 ‘‘(A) shall provide the public with adequate 

19 and efficient notice of the proposed waiver au20 thority or waiver, consisting of a description of 

21 the agency’s application for the proposed waiver 

22 authority or waiver on each agency’s website, 

23 including a description of any improved student 

24 performance that is expected to result from the 

25 waiver authority or waiver; 
997 

†S 1177 ES

1 ‘‘(B) shall provide the opportunity for par2 ents, educators, school administrators, and all 

3 other interested members of the community to 

4 comment regarding the proposed waiver author5 ity or waiver; 

6 ‘‘(C) shall provide the opportunity de7 scribed in subparagraph (B) in accordance with 

8 any applicable State law specifying how the 

9 comments may be received, and how the com10 ments may be reviewed by any member of the 

11 public; and 

12 ‘‘(D) shall submit the comments received 

13 with the application of the agency or school to 

14 the Secretary or the State educational agency, 

15 as appropriate. 

16 ‘‘(b) INCLUDED PROGRAMS.—The statutory or regu17 latory requirements referred to in subsection (a)(1)(A) are 

18 any such requirements for programs that are authorized 

19 under the following provisions and under which the Sec20 retary provides funds to State educational agencies on the 

21 basis of a formula: 

22 ‘‘(1) The following provisions of the Elementary 

23 and Secondary Education Act of 1965: 

24 ‘‘(A) Part A of title I (other than sections 

25 1111 and 1114). 
998 

†S 1177 ES

1 ‘‘(B) Part C of title I. 

2 ‘‘(C) Part D of title I. 

3 ‘‘(D) Part A of title II. 

4 ‘‘(E) Part G of title V. 

5 ‘‘(2) Title VII of the McKinney-Vento Homeless 

6 Assistance Act. (42 U.S.C. 11301 et seq.). 

7 ‘‘(3) The Carl D. Perkins Career and Technical 

8 Education Act of 2006 (20 U.S.C. 2301 et seq.). 

9 ‘‘(c) WAIVERS NOT AUTHORIZED.—The Secretary 

10 and the State educational agency may not waive under 

11 subsection (a)(1)(A) any statutory or regulatory require12 ment— 

13 ‘‘(1) relating to— 

14 ‘‘(A) maintenance of effort; 

15 ‘‘(B) comparability of services; 

16 ‘‘(C) equitable participation of students 

17 and professional staff in private schools; 

18 ‘‘(D) parental participation and involve19 ment; 

20 ‘‘(E) distribution of funds to States or to 

21 local educational agencies; 

22 ‘‘(F) serving eligible school attendance 

23 areas in rank order under section 

24 1113(a)(1)(C) of the Elementary and Sec25 ondary Education Act of 1965; 
999 

†S 1177 ES

1 ‘‘(G) the selection of a school attendance 

2 area or school under paragraphs (1) and (2) of 

3 section 1113(a) of the Elementary and Sec4 ondary Education Act of 1965, except that a 

5 State educational agency may grant a waiver to 

6 allow a school attendance area or school to par7 ticipate in activities under part A of title I of 

8 such Act if the percentage of children from low9 income families in the school attendance area of 

10 such school or who attend such school is not 

11 less than 10 percentage points below the lowest 

12 percentage of such children for any school at13 tendance area or school of the local educational 

14 agency that meets the requirements of such 

15 paragraphs (1) and (2); 

16 ‘‘(H) use of Federal funds to supplement, 

17 not supplant, non-Federal funds; and 

18 ‘‘(I) applicable civil rights requirements; 

19 and 

20 ‘‘(2) unless the State educational agency can 

21 demonstrate that the underlying purposes of the 

22 statutory requirements of the program for which a 

23 waiver is granted continue to be met to the satisfac24 tion of the Secretary. 
1000 

†S 1177 ES

1 ‘‘(d) TREATMENT OF EXISTING ED-FLEX PARTNER2 SHIP STATES.— 

3 ‘‘(1) IN GENERAL.—Any designation of a State 

4 as an Ed-Flex Partnership State that was in effect 

5 on the date of enactment of this Act shall be imme6 diately extended for a period of not more than 5 

7 years, if the Secretary makes the determination de8 scribed in paragraph (2). 

9 ‘‘(2) DETERMINATION.—The determination re10 ferred to in paragraph (1) is a determination that 

11 the performance of the State educational agency, in 

12 carrying out the programs for which the State has 

13 received a waiver under the educational flexibility 

14 program, justifies the extension of the designation. 

15 ‘‘(e) PUBLICATION.—A notice of the Secretary’s deci16 sion to authorize State educational agencies to issue waiv17 ers under this section, including a description of the ra18 tionale the Secretary used to approve applications under 

19 subsection (a)(3)(B), shall be published in the Federal 

20 Register and the Secretary shall provide for the dissemina21 tion of such notice to State educational agencies, inter22 ested parties (including educators, parents, students, and 

23 advocacy and civil rights organizations), and the public.’’. 
1001 

†S 1177 ES

1 PART C—AMERICAN DREAM ACCOUNTS 

2 SEC. 10301. SHORT TITLE. 

3 This part may be cited as the ‘‘American Dream Ac4 counts Act’’. 

5 SEC. 10302. DEFINITIONS. 

6 In this part: 

7 (1) AMERICAN DREAM ACCOUNT.—The term 

8 ‘‘American Dream Account’’ means a personal on9 line account for low-income students that monitors 

10 higher education readiness and includes a college 

11 savings account. 

12 (2) APPROPRIATE COMMITTEES OF CON13 GRESS.—The term ‘‘appropriate committees of Con14 gress’’ means the Committee on Health, Education, 

15 Labor, and Pensions, the Committee on Appropria16 tions, and the Committee on Finance of the Senate, 

17 and the Committee on Education and the Work18 force, the Committee on Appropriations, and the 

19 Committee on Ways and Means of the House of 

20 Representatives, as well as any other Committee of 

21 the Senate or House of Representatives that the 

22 Secretary determines appropriate. 

23 (3) CHARTER SCHOOL.—The term ‘‘charter 

24 school’’ has the meaning given such term in section 

25 5110 of the Elementary and Secondary Education 

26 Act of 1965 (20 U.S.C. 7221i). 
1002 

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1 (4) COLLEGE SAVINGS ACCOUNT.—The term 

2 ‘‘college savings account’’ means a trust created or 

3 organized exclusively for the purpose of paying the 

4 qualified expenses of only an individual who, when 

5 the trust is created or organized, has not obtained 

6 18 years of age, if the written governing instrument 

7 creating the trust contains the following require8 ments: 

9 (A) The trustee is a Federally insured fi10 nancial institution, or a State insured financial 

11 institution if a Federally insured financial insti12 tution is not available. 

13 (B) The assets of the trust will be invested 

14 in accordance with the direction of the indi15 vidual or of a parent or guardian of the indi16 vidual, after consultation with the entity pro17 viding the initial contribution to the trust or, if 

18 applicable, a matching or other contribution for 

19 the individual. 

20 (C) The assets of the trust will not be 

21 commingled with other property except in a 

22 common trust fund or common investment 

23 fund. 

24 (D) Any amount in the trust that is attrib25 utable to an account seed or matched deposit 
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1 may be paid or distributed from the trust only 

2 for the purpose of paying qualified expenses of 

3 the individual. 

4 (5) DUAL OR CONCURRENT ENROLLMENT PRO5 GRAM.—The term ‘‘dual or concurrent enrollment 

6 program’’ means a program of study— 

7 (A) provided by an institution of higher 

8 education through which a student who has not 

9 graduated from high school with a regular high 

10 school diploma (as defined in section 

11 200.19(b)(1)(iv) of title 34, Code of Federal 

12 Regulations, as such section was in effect on 

13 November 28, 2008) is able to earn postsec14 ondary credit; and 

15 (B) that shall consist of not less than 2 

16 postsecondary credit-bearing courses and sup17 port and academic services that help a student 

18 persist and complete such courses. 

19 (6) EARLY COLLEGE HIGH SCHOOL PRO20 GRAM.—The term ‘‘early college high school pro21 gram’’ means a formal partnership between at least 

22 1 local educational agency and at least 1 institution 

23 of higher education that allows participants, who are 

24 primarily low-income students, to simultaneously 

25 complete requirements toward earning a regular 
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1 high school diploma (as defined in section 

2 200.19(b)(1)(iv) of title 34, Code of Federal Regula3 tions, as such section was in effect on November 28, 

4 2008) and earn not less than 12 transferable credits 

5 as part of an organized course of study toward a 

6 postsecondary degree or credential. 

7 (7) ELIGIBLE ENTITY.—The term ‘‘eligible enti8 ty’’ means— 

9 (A) a State educational agency; 

10 (B) a local educational agency, including a 

11 charter school that operates as its own local 

12 educational agency; 

13 (C) a charter management organization or 

14 charter school authorizer; 

15 (D) an institution of higher education or a 

16 Tribal College or University; 

17 (E) a nonprofit organization; 

18 (F) an entity with demonstrated experience 

19 in educational savings or in assisting low-in20 come students to prepare for, and attend, an in21 stitution of higher education; 

22 (G) a consortium of 2 or more of the enti23 ties described in subparagraphs (A) through 

24 (F); or 
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1 (H) a consortium of 1 or more of the enti2 ties described in subparagraphs (A) through 

3 (F) and a public school, a charter school, a 

4 school operated by the Bureau of Indian Af5 fairs, or a tribally controlled school. 

6 (8) INSTITUTION OF HIGHER EDUCATION.—The 

7 term ‘‘institution of higher education’’ has the 

8 meaning given such term in section 101(a) of the 

9 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

10 (9) LOCAL EDUCATIONAL AGENCY.—The term 

11 ‘‘local educational agency’’ has the meaning given 

12 such term in section 9101 of the Elementary and 

13 Secondary Education Act of 1965 (20 U.S.C. 7801). 

14 (10) LOW-INCOME STUDENT.—The term ‘‘low15 income student’’ means a student who is eligible to 

16 receive a free or reduced price lunch under the Rich17 ard B. Russell National School Lunch Act (42 

18 U.S.C. 1751 et seq.). 

19 (11) PARENT.—The term ‘‘parent’’ has the 

20 meaning given such term in section 9101 of the Ele21 mentary and Secondary Education Act of 1965 (20 

22 U.S.C. 7801). 

23 (12) QUALIFIED EXPENSES.—The term ‘‘quali24 fied expenses’’ means, with respect to an individual, 

25 expenses that— 
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1 (A) are incurred after the individual re2 ceives a secondary school diploma or its recog3 nized equivalent; and 

4 (B) are associated with attending an insti5 tution of higher education, including— 

6 (i) tuition and fees; 

7 (ii) room and board; 

8 (iii) textbooks; 

9 (iv) supplies and equipment; and 

10 (v) Internet access. 

11 (13) SECRETARY.—The term ‘‘Secretary’’ 

12 means the Secretary of Education. 

13 (14) STATE EDUCATIONAL AGENCY.—The term 

14 ‘‘State educational agency’’ has the meaning given 

15 such term in section 9101 of the Elementary and 

16 Secondary Education Act of 1965 (20 U.S.C. 7801). 

17 (15) TRIBAL COLLEGE OR UNIVERSITY.—The 

18 term ‘‘Tribal College or University’’ has the meaning 

19 given such term in section 316(b) of the Higher 

20 Education Act of 1965 (20 U.S.C. 1059c(b)). 

21 (16) TRIBALLY CONTROLLED SCHOOL.—The 

22 term ‘‘tribally controlled school’’ has the meaning 

23 given such term in section 5212 of the Tribally Con24 trolled Schools Act of 1988 (25 U.S.C. 2511). 
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1 SEC. 10303. GRANT PROGRAM. 

2 (a) PROGRAM AUTHORIZED.—The Secretary shall es3 tablish a pilot program and award 10 grants to eligible 

4 entities to enable such eligible entities to establish and ad5 minister American Dream Accounts for a group of low6 income students. 

7 (b) RESERVATION.—From the amounts appropriated 

8 each fiscal year to carry out this part, the Secretary shall 

9 reserve not more than 5 percent of such amount to carry 

10 out the evaluation activities described in section 10306. 

11 (c) DURATION.—A grant awarded under this part 

12 shall be for a period of not more than 3 years. The Sec13 retary may extend such grant for an additional 2-year pe14 riod if the Secretary determines that the eligible entity has 

15 demonstrated significant progress, based on the factors 

16 described in section 10304(b)(11). 

17 SEC. 10304. APPLICATIONS; PRIORITY. 

18 (a) IN GENERAL.—Each eligible entity desiring a 

19 grant under this part shall submit an application to the 

20 Secretary at such time, in such manner, and containing 

21 such information as the Secretary may require. 

22 (b) CONTENTS.—At a minimum, the application de23 scribed in subsection (a) shall include the following: 

24 (1) A description of the characteristics of a 

25 group of not less than 30 low-income public school 

26 students who— 
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1 (A) are, at the time of the application, at2 tending a grade not higher than grade 9; and 

3 (B) will, under the grant, receive an Amer4 ican Dream Account. 

5 (2) A description of how the eligible entity will 

6 engage, and provide support (such as tutoring and 

7 mentoring for students, and training for teachers 

8 and other stakeholders) either online or in person, 

9 to— 

10 (A) the students in the group described in 

11 paragraph (1); 

12 (B) the family members and teachers of 

13 such students; and 

14 (C) other stakeholders such as school ad15 ministrators and school counselors. 

16 (3) An identification of partners who will assist 

17 the eligible entity in establishing and sustaining 

18 American Dream Accounts. 

19 (4) A description of what experience the eligible 

20 entity or the partners of the eligible entity have in 

21 managing college savings accounts, preparing low-in22 come students for postsecondary education, man23 aging online systems, and teaching financial literacy. 

24 (5) A demonstration that the eligible entity has 

25 sufficient resources to provide an initial deposit into 
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1 the college savings account portion of each American 

2 Dream Account. 

3 (6) A description of how the eligible entity will 

4 help increase the value of the college savings account 

5 portion of each American Dream Account, such as 

6 by providing matching funds or incentives for aca7 demic achievement. 

8 (7) A description of how the eligible entity will 

9 notify each participating student in the group de10 scribed in paragraph (1), on a semiannual basis, of 

11 the current balance and status of the college savings 

12 account portion of the American Dream Account of 

13 the student. 

14 (8) A plan that describes how the eligible entity 

15 will monitor participating students in the group de16 scribed in paragraph (1) to ensure that the Amer17 ican Dream Account of each student will be main18 tained if a student in such group changes schools be19 fore graduating from secondary school. 

20 (9) A plan that describes how the American 

21 Dream Accounts will be managed for not less than 

22 1 year after a majority of the students in the group 

23 described in paragraph (1) graduate from secondary 

24 school. 
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1 (10) A description of how the eligible entity will 

2 encourage students in the group described in para3 graph (1) who fail to graduate from secondary 

4 school to continue their education. 

5 (11) A description of how the eligible entity will 

6 evaluate the grant program, including by collecting, 

7 as applicable, the following data about the students 

8 in the group described in paragraph (1) during the 

9 grant period, or until the time of graduation from a 

10 secondary school, whichever comes first, and, if suf11 ficient grant funds are available, after the grant pe12 riod: 

13 (A) Attendance rates. 

14 (B) Progress reports. 

15 (C) Grades and course selections. 

16 (D) The student graduation rate, as de17 fined as the percentage of students who grad18 uate from secondary school with a regular di19 ploma in the standard number of years. 

20 (E) Rates of student completion of the 

21 Free Application for Federal Student Aid de22 scribed in section 483 of the Higher Education 

23 Act of 1965 (20 U.S.C. 1090). 

24 (F) Rates of enrollment in an institution of 

25 higher education. 
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1 (G) Rates of completion at an institution 

2 of higher education. 

3 (12) A description of what will happen to the 

4 funds in the college savings account portion of the 

5 American Dream Accounts that are dedicated to 

6 participating students described in paragraph (1) 

7 who have not matriculated at an institution of high8 er education at the time of the conclusion of the pe9 riod of American Dream Account management de10 scribed in paragraph (9), including how the eligible 

11 entity will give students this information. 

12 (13) A description of how the eligible entity will 

13 ensure that participating students described in para14 graph (1) will have access to the Internet. 

15 (14) A description of how the eligible entity will 

16 take into consideration how funds in the college sav17 ings account portion of American Dream Accounts 

18 will affect participating families’ eligibility for public 

19 assistance. 

20 (c) PRIORITY.—In awarding grants under this part, 

21 the Secretary shall give priority to applications from eligi22 ble entities that— 

23 (1) are described in subparagraph (G) or (H) of 

24 section 10302(7); 
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1 (2) serve the largest number of low-income stu2 dents; 

3 (3) in the case of an eligible entity described in 

4 subparagraph (A) or (B) of section 10302(7), pro5 vide opportunities for participating students de6 scribed in subsection (b)(1) to participate in a dual 

7 or concurrent enrollment program or early college 

8 high school program at no cost to the student or the 

9 student’s family; or 

10 (4) as of the time of application, have been 

11 awarded a grant under chapter 2 of subpart 2 of 

12 part A of title IV of the Higher Education Act of 

13 1965 (20 U.S.C. 1070a–21 et seq.) (commonly re14 ferred to as the ‘‘GEAR UP program’’). 

15 SEC. 10305. AUTHORIZED ACTIVITIES. 

16 (a) IN GENERAL.—An eligible entity that receives a 

17 grant under this part shall use such grant funds to estab18 lish an American Dream Account for each participating 

19 student described in section 10304(b)(1), that will be used 

20 to— 

21 (1) open a college savings account for such stu22 dent; 

23 (2) monitor the progress of such student online, 

24 which— 
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1 (A) shall include monitoring student data 

2 relating to— 

3 (i) grades and course selections; 

4 (ii) progress reports; and 

5 (iii) attendance and disciplinary 

6 records; and 

7 (B) may also include monitoring student 

8 data relating to a broad range of information, 

9 provided by teachers and family members, re10 lated to postsecondary education readiness, ac11 cess, and completion; 

12 (3) provide opportunities for such students, ei13 ther online or in person, to learn about financial lit14 eracy, including by— 

15 (A) assisting such students in financial 

16 planning for enrollment in an institution of 

17 higher education; 

18 (B) assisting such students in identifying 

19 and applying for financial aid (such as loans, 

20 grants, and scholarships) for an institution of 

21 higher education; and 

22 (C) enhancing student understanding of 

23 consumer, economic, and personal finance con24 cepts; 
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1 (4) provide opportunities for such students, ei2 ther online or in person, to learn about preparing for 

3 enrollment in an institution of higher education, in4 cluding by providing instruction to students about— 

5 (A) choosing the appropriate courses to 

6 prepare for postsecondary education; 

7 (B) applying to an institution of higher 

8 education; 

9 (C) building a student portfolio, which may 

10 be used when applying to an institution of high11 er education; 

12 (D) selecting an institution of higher edu13 cation; 

14 (E) choosing a major for the student’s 

15 postsecondary program of education or a career 

16 path; and 

17 (F) adapting to life at an institution of 

18 higher education; and 

19 (5) provide opportunities for such students, ei20 ther online or in person, to identify skills or inter21 ests, including career interests. 

22 (b) ACCESS TO AMERICAN DREAM ACCOUNT.— 

23 (1) IN GENERAL.—Subject to paragraphs (3) 

24 and (4), and in accordance with applicable Federal 

25 laws and regulations relating to privacy of informa-
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1 tion and the privacy of children, an eligible entity 

2 that receives a grant under this part shall allow 

3 vested stakeholders, as described in paragraph (2), 

4 to have secure access, through an Internet website, 

5 to an American Dream Account. 

6 (2) VESTED STAKEHOLDERS.—The vested 

7 stakeholders that an eligible entity shall permit to 

8 access an American Dream Account are individuals 

9 (such as the student’s teachers, school counselors, 

10 school administrators, or other individuals) that are 

11 designated, in accordance with section 444 of the 

12 General Education Provisions Act (20 U.S.C. 1232g, 

13 commonly known as the ‘‘Family Educational Rights 

14 and Privacy Act of 1974’’), by the parent of a par15 ticipating student in whose name such American 

16 Dream Account is held, as having permission to ac17 cess the account. A student’s parent may withdraw 

18 such designation from an individual at any time. 

19 (3) EXCEPTION FOR COLLEGE SAVINGS AC20 COUNT.—An eligible entity that receives a grant 

21 under this part shall not be required to give vested 

22 stakeholders, as described in paragraph (2), access 

23 to the college savings account portion of a student’s 

24 American Dream Account. 
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1 (4) ADULT STUDENTS.—Notwithstanding para2 graphs (1), (2), and (3), if a participating student 

3 is age 18 or older, an eligible entity that receives a 

4 grant under this part shall not provide access to 

5 such participating student’s American Dream Ac6 count without the student’s consent, in accordance 

7 with section 444 of the General Education Provi8 sions Act (20 U.S.C. 1232g, commonly known as the 

9 ‘‘Family Educational Rights and Privacy Act of 

10 1974’’). 

11 (5) INPUT OF STUDENT INFORMATION.—Stu12 dent data collected pursuant to subsection (a)(2)(A) 

13 shall be entered into an American Dream Account 

14 only by a school administrator or the designee of 

15 such administrator. 

16 (c) PROHIBITION ON USE OF STUDENT INFORMA17 TION.—An eligible entity that receives a grant under this 

18 part shall not use any student-level information or data 

19 for the purpose of soliciting, advertising, or marketing any 

20 financial or non-financial consumer product or service that 

21 is offered by such eligible entity, or on behalf of any other 

22 person. 

23 (d) PROHIBITION ON THE USE OF GRANT FUNDS.— 

24 An eligible entity shall not use grant funds provided under 
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1 this part to provide any deposits into a college savings ac2 count portion of a student’s American Dream Account. 

3 SEC. 10306. REPORTS AND EVALUATIONS. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 Secretary has disbursed grants under this part, and annu6 ally thereafter until each grant disbursed under this part 

7 has ended, the Secretary shall prepare and submit a report 

8 to the appropriate committees of Congress, which shall in9 clude an evaluation of the effectiveness of the grant pro10 gram established under this part. 

11 (b) CONTENTS.—The report described in subsection 

12 (a) shall— 

13 (1) list the grants that have been awarded 

14 under section 10303(a); 

15 (2) include the number of students who have an 

16 American Dream Account established through a 

17 grant awarded under section 10303(a); 

18 (3) provide data (including the interest accrued 

19 on college savings accounts that are part of an 

20 American Dream Account) in the aggregate, regard21 ing students who have an American Dream Account 

22 established through a grant awarded under section 

23 10303(a), as compared to similarly situated students 

24 who do not have an American Dream Account; 
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1 (4) identify best practices developed by the eli2 gible entities receiving grants under this part; 

3 (5) identify any issues related to student pri4 vacy and stakeholder accessibility to American 

5 Dream Accounts; 

6 (6) provide feedback from participating stu7 dents and the parents of such students about the 

8 grant program, including— 

9 (A) the impact of the program; 

10 (B) aspects of the program that are suc11 cessful; 

12 (C) aspects of the program that are not 

13 successful; and 

14 (D) any other data required by the Sec15 retary; and 

16 (7) provide recommendations for expanding the 

17 American Dream Accounts program. 

18 SEC. 10307. ELIGIBILITY TO RECEIVE FEDERAL STUDENT 

19 FINANCIAL AID. 

20 Notwithstanding any other provision of law, any 

21 funds that are in the college savings account portion of 

22 a student’s American Dream Account shall not affect such 

23 student’s eligibility to receive Federal student financial 

24 aid, including any Federal student financial aid under the 

25 Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), 
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†S 1177 ES

1 and shall not be considered in determining the amount of 

2 any such Federal student aid. 

3 SEC. 10308. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to carry out 

5 this part such sums as may be necessary for fiscal year 

6 2016 and each of the 4 succeeding fiscal years. 

7 SEC. 10309. REPORT ON THE REDUCTION OF THE NUMBER 

8 AND PERCENTAGE OF STUDENTS WHO DROP 

9 OUT OF SCHOOL. 

10 Not later than 5 years after the date of enactment 

11 of this Act, the Director of the Institute of Education 

12 Sciences shall evaluate the impact of section 

13 1111(c)(1)(M) on reducing the number and percentage of 

14 students who drop out of school. 

15 SEC. 10310. REPORT ON NATIVE AMERICAN LANGUAGE ME16 DIUM EDUCATION. 

17 (a) PURPOSE.—The purpose of this section is to au18 thorize a study to evaluate all levels of education being 

19 provided primarily through the medium of Native lan20 guages and to require a report of the findings, within the 

21 context of the findings, purposes, and provisions of the 

22 Native American Languages Act (25 U.S.C. 2901), the 

23 findings, purposes, and provisions of the Elementary and 

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

25 seq.), and other related laws. 
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1 (b) STUDY AND REVIEW.—The Secretary of Edu2 cation shall award grants to eligible entities to study and 

3 review Native language medium schools and programs. 

4 (c) ELIGIBLE ENTITY DEFINED.—In this section, the 

5 term ‘‘eligible entity’’ means a consortium that— 

6 (1) includes not less than 3 units of an institu7 tion of higher education, such as a department, cen8 ter, or college, that has significant experience— 

9 (A) and expertise in Native American or 

10 Alaska Native languages, and Native language 

11 medium education; and 

12 (B) in outreach and collaboration with Na13 tive communities; 

14 (2) has within its membership at least 10 years 

15 of experience— 

16 (A) addressing a range of Native American 

17 or Alaska Native languages and indigenous lan18 guage medium education issues through the 

19 lens of Native studies, linguistics, and edu20 cation; and 

21 (B) working in close association with a va22 riety of schools and programs taught predomi23 nantly through the medium of a Native lan24 guage; 
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1 (3) includes for each of American Indians, Alas2 ka Natives, and Native Hawaiians, at least 1 unit of 

3 an institution of higher education that focuses on 

4 schools that serve such populations; and 

5 (4) includes Native American scholars and staff 

6 who are fluent in Native American languages. 

7 (d) APPLICATIONS.—An eligible entity that desires to 

8 receive a grant under this section shall submit an applica9 tion to the Secretary of Education that— 

10 (1) identifies 1 unit in the consortium that is 

11 the lead unit of the consortium for the study, report12 ing, and funding purposes; 

13 (2) includes letters of verification of participa14 tion from the top internal administrators of each 

15 unit in the consortium; 

16 (3) includes a brief description of how the con17 sortium meets the eligibility qualifications under 

18 subsection (c); 

19 (4) describes the work proposed to carry out 

20 the purpose of this section; and 

21 (5) provides other information as requested by 

22 the Secretary of Education. 

23 (e) SCOPE OF STUDY.—An eligible entity that re24 ceives a grant under this section shall use the grant funds 

25 to study and review Native American language medium 
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1 schools and programs and evaluate the components, poli2 cies, and practices of successful Native language medium 

3 schools and programs and how the students who enroll 

4 in them do over the long term, including— 

5 (1) the level of expertise in educational peda6 gogy, Native language fluency, and experience of the 

7 principal, teachers, paraprofessionals, and other edu8 cational staff; 

9 (2) how such schools and programs are using 

10 Native languages to provide instruction in reading, 

11 language arts, mathematics, science, and, as applica12 ble, other core academic subjects; 

13 (3) how such school and programs’ curricula in14 corporates the relevant Native culture of the stu15 dents; 

16 (4) how such schools and programs assess the 

17 academic proficiency of the students, including— 

18 (A) whether the school administers assess19 ments of language arts, mathematics, science, 

20 and other academic subjects in the Native lan21 guage of instruction; 

22 (B) whether the school administers assess23 ments of language arts, mathematics, science, 

24 and other academic subjects in English; and 
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1 (C) how the standards measured by the as2 sessments in the Native language of instruction 

3 and in English compare; 

4 (5) the academic, graduation rate, and other 

5 outcomes of students who have completed the high6 est grade taught primarily through such schools or 

7 programs, including, when available, college attend8 ance rates compared with demographically similar 

9 students who did not attend a school in which the 

10 language of instruction was a Native language; and 

11 (6) other appropriate information consistent 

12 with the purpose of this section. 

13 (f) OTHER ENTITIES.—An eligible entity may enter 

14 into a contract with another individual, entity, or organi15 zation to assist in carrying out research necessary to fulfill 

16 the purpose of this section. 

17 (g) RECOMMENDATIONS.—Not later than 18 months 

18 after the date of enactment of this Act, an eligible entity 

19 that receives a grant under this section shall— 

20 (1) develop a detailed statement of findings and 

21 conclusions regarding the study completed under 

22 subsection (e), including recommendations for such 

23 legislative and administrative actions as the eligible 

24 entity considers to be appropriate; and 
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1 (2) submit a report setting forth the findings 

2 and conclusions, including recommendations, de3 scribed in paragraph (1) to each of the following: 

4 (A) The Committee on Health, Education, 

5 Labor, and Pensions of the Senate. 

6 (B) The Committee on Education and the 

7 Workforce of the House of Representatives. 

8 (C) The Committee on Indian Affairs of 

9 the Senate. 

10 (D) The Subcommittee on Indian, Insular, 

11 and Alaska Native Affairs of the House of Rep12 resentatives. 

13 (E) The Secretary of Education. 

14 (F) The Secretary of the Interior. 

Passed the Senate July 16, 2015. 

Attest: 

Secretary. 

114TH CONGRESS 

1ST SESSION S. 1177 

AN ACT 

To reauthorize the Elementary and Secondary Eduachieves. cation Act of 1965 to ensure that every child