II 

Calendar No. 63 

114TH CONGRESS 

1ST SESSION S. 1177 

To reauthorize the Elementary and Secondary Education Act of 1965 to 

ensure that every child achieves. 

IN THE SENATE OF THE UNITED STATES 

APRIL 30, 2015 

Mr. ALEXANDER, from the Committee on Health, Education, Labor, and Pensions, reported the following original bill; which was read twice and 

placed on the calendar 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Act of 2015’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
2 

•S 1177 PCS

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 improvement 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. Maintenance of effort. 

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 educational stability of children in foster care. 

Sec. 1017. Report on subgroup sample size. 

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

SCHOOL LEADERS 

Sec. 2001. Transfer of certain provisions. 

Sec. 2002. Fund for the improvement of teaching and learning. 

Sec. 2003. American history and civics education. 

Sec. 2004. Literacy education. 

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

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. 

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. 

TITLE V—EMPOWERING PARENTS AND EXPANDING 

OPPORTUNITY THROUGH INNOVATION 


asabaliauskas on DSK5VPTVN1PROD with BILLS
3 

•S 1177 PCS

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. 

TITLE VI—INNOVATION AND FLEXIBILITY 

Sec. 6001. Purposes. 

Sec. 6002. Improving academic achievement. 

Sec. 6003. Rural education initiative. 

Sec. 6004. General provisions. 

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. 

TITLE VIII—IMPACT AID 

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. State consideration of payments in providing State aid. 

Sec. 8009. Definitions. 

Sec. 8010. Authorization of appropriations. 

TITLE IX—GENERAL PROVISIONS 

Sec. 9101. Definitions. 

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

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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
4 

•S 1177 PCS

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

Sec. 9116. Evaluations. 

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

Sec. 10201. Use of term highly qualified in other laws. 

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: 

16 ‘‘SEC. 2. TABLE OF CONTENTS. 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
5 

•S 1177 PCS

‘‘Sec. 1. Short title. 

‘‘Sec. 2. Table of contents. 

‘‘TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 

‘‘Sec. 1001. Statement of purpose. 

‘‘Sec. 1002. Authorization of appropriations. 

‘‘Sec. 1003. State administration. 

‘‘PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL

EDUCATIONAL AGENCIES

‘‘SUBPART 1—BASIC PROGRAM REQUIREMENTS

‘‘Sec. 1111. State plans. 

‘‘Sec. 1112. Local educational agency plans. 

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

‘‘Sec. 1114. School identification, 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. 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. 

‘‘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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
6 

•S 1177 PCS

‘‘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. 

‘‘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


asabaliauskas on DSK5VPTVN1PROD with BILLS
7 

•S 1177 PCS

‘‘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. 2451. Purpose. 

‘‘Sec. 2452. Definitions. 

‘‘Sec. 2453. Grants; allotments. 

‘‘Sec. 2454. Applications. 

‘‘Sec. 2455. Authorized activities. 

‘‘Sec. 2456. Performance metrics; report; evaluation. 

‘‘Sec. 2406. Supplement, not supplant. 

‘‘PART F—GENERAL PROVISIONS

‘‘Sec. 2501. Rules of construction. 

‘‘TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS 

AND IMMIGRANT STUDENTS 

‘‘Sec. 3001. Authorization of appropriations. 

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

AND ACADEMIC ACHIEVEMENT ACT

‘‘Sec. 3101. Short title. 

‘‘Sec. 3102. Purposes. 

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

AND LANGUAGE ENHANCEMENT

‘‘Sec. 3111. Formula grants to States. 

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

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

‘‘Sec. 3114. Within-State allocations. 

‘‘Sec. 3115. Subgrants to eligible entities. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
8 

•S 1177 PCS

‘‘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. 

‘‘SUBPART 4—DEFINITIONS

‘‘Sec. 3141. Definitions. 

‘‘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 grant 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

‘‘Sec. 4401. Purpose. 

‘‘Sec. 4402. Program authorized. 

‘‘Sec. 4403. Applications. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
9 

•S 1177 PCS

‘‘Sec. 4404. Requirements. 

‘‘Sec. 4405. Administrative provisions. 

‘‘Sec. 4406. Supplement, not supplant. 

‘‘Sec. 4407. 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. 

‘‘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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
10 

•S 1177 PCS

‘‘Sec. 5508. Authorization of appropriations. 

‘‘PART F—READY-TO-LEARN TELEVISION

‘‘Sec. 5601. Ready-To-Learn. 

‘‘PART G—INNOVATIVE TECHNOLOGY EXPANDS CHILDREN’S HORIZONS (ITECH) 

‘‘Sec. 5701. Purposes. 

‘‘Sec. 5702. Definitions. 

‘‘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. 

‘‘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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
11 

•S 1177 PCS

‘‘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. 

‘‘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. 7132. 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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
12 

•S 1177 PCS

‘‘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. 

‘‘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. 

‘‘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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
13 

•S 1177 PCS

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

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

LOCAL PLANS AND APPLICATIONS

‘‘Sec. 9301. Purpose. 

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

‘‘Sec. 9303. Consolidated reporting. 

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

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

‘‘Sec. 9306. Other general assurances. 

‘‘PART D—WAIVERS

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

‘‘PART E—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. Consultations with Indian tribes and tribal organizations. 

‘‘SUBPART 3—TEACHER LIABILITY PROTECTION

‘‘Sec. 9541. Short title. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
14 

•S 1177 PCS

‘‘Sec. 9542. Purpose. 

‘‘Sec. 9543. Definitions. 

‘‘Sec. 9544. Applicability. 

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

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

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

‘‘Sec. 9548. Effective date. 

‘‘SUBPART 4—INTERNET SAFETY

‘‘Sec. 9551. Internet safety. 

‘‘SUBPART 5—GUN POSSESSION

‘‘Sec. 9561. Gun-free requirements. 

‘‘SUBPART 6—ENVIRONMENTAL TOBACCO SMOKE

‘‘Sec. 9571. Short title. 

‘‘Sec. 9572. Definitions. 

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

‘‘Sec. 9574. Preemption. 

‘‘PART 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.’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
15 

•S 1177 PCS

1 SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 

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

3 as follows: 

4 ‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 

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

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

7 to be appropriated such sums as may be necessary for 

8 each of fiscal years 2016 through 2021. 

9 ‘‘(b) STATE ASSESSMENTS.—For the purpose of car10 rying out part B, there are authorized to be appropriated 

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

12 2016 through 2021. 

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

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

15 to be appropriated such sums as may be necessary for 

16 each of fiscal years 2016 through 2021. 

17 ‘‘(d) PREVENTION AND INTERVENTION PROGRAMS

18 FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DE19 LINQUENT, OR AT-RISK.—For the purpose of carrying out 

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

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

22 2021. 

23 ‘‘(e) FEDERAL ACTIVITIES.—For the purpose of car24 rying out evaluation activities related to title I under sec25 tion 9601, there are authorized to be appropriated such 


asabaliauskas on DSK5VPTVN1PROD with BILLS
16 

•S 1177 PCS

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

2 through 2021. 

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

4 the purpose of carrying out section 1114, there are au5 thorized to be appropriated such sums as may be nec6 essary for each of fiscal years 2016 through 2021.’’. 

7 SEC. 1003. SCHOOL IMPROVEMENT AND STATE ADMINIS8 TRATION. 

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

10 (1) by striking section 1003; 

11 (2) by redesignating section 1004 as section 

12 1003; and 

13 (3) in section 1003, as redesignated by para14 graph (2), by adding at the end the following: 

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

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

17 not more than 4 percent of the amount the State re18 ceives under subpart 2 of part A for a fiscal year to 

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

20 educational agency’s responsibilities under section 

21 1114(a), including carrying out the State edu22 cational agency’s statewide system of technical as23 sistance and support for local educational agencies. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
17 

•S 1177 PCS

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

2 paragraph (1) for any fiscal year, the State edu3 cational agency— 

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

5 such amount by allocating such sums directly to 

6 local educational agencies for activities required 

7 under section 1114; or 

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

9 educational agency, directly provide for such ac10 tivities or arrange for their provision through 

11 other entities such as school support teams, 

12 educational service agencies, or other nonprofit 

13 or for-profit organizations that use evidence14 based strategies to improve student achieve15 ment, teaching, and schools. 

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

17 in allocating funds to local educational agencies 

18 under this subsection, shall give priority to local edu19 cational agencies that— 

20 ‘‘(A) serve the lowest performing elemen21 tary schools and secondary schools, as identified 

22 by the State under section 1114; 

23 ‘‘(B) demonstrate the greatest need for 

24 such funds, as determined by the State; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
18 

•S 1177 PCS

1 ‘‘(C) demonstrate the strongest commit2 ment to using evidence-based interventions to 

3 enable the lowest–performing schools to improve 

4 student achievement and student outcomes. 

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

6 with local educational agencies in the State, the 

7 State educational agency determines that the 

8 amount of funds reserved to carry out this sub9 section for a fiscal year is greater than the amount 

10 needed to provide the assistance described in this 

11 subsection, the State educational agency shall allo12 cate the excess amount to local educational agencies 

13 in accordance with— 

14 ‘‘(A) the relative allocations the State edu15 cational agency made to those agencies for that 

16 fiscal year under subpart 2 of part A; or 

17 ‘‘(B) section 1126(c). 

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

19 other provision of this subsection, the amount of 

20 funds reserved by the State educational agency 

21 under this subsection in any fiscal year shall not de22 crease the amount of funds each local educational 

23 agency receives under subpart 2 of part A below the 

24 amount received by such local educational agency 

25 under such subpart for the preceding fiscal year. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
19 

•S 1177 PCS

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

2 agency shall make publicly available a list of those 

3 schools that have received funds or services pursuant 

4 to this subsection and the percentage of students 

5 from each such school from families with incomes 

6 below the poverty line.’’. 

7 SEC. 1004. BASIC PROGRAM REQUIREMENTS. 

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

9 seq.) is amended— 

10 (1) by striking sections 1111 through 1117 and 

11 inserting the following: 

12 ‘‘SEC. 1111. STATE PLANS. 

13 ‘‘(a) PLANS REQUIRED.— 

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

15 receive a grant under this part, the State edu16 cational agency shall submit to the Secretary a plan, 

17 developed by the State educational agency with time18 ly and meaningful consultation with the Governor, 

19 local educational agencies (including those located in 

20 rural areas), representatives of Indian tribes located 

21 in the State, teachers, principals, other school lead22 ers, specialized instructional support personnel, 

23 paraprofessionals (including organizations rep24 resenting such individuals), administrators, other 

25 staff, and parents, that— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
20 

•S 1177 PCS

1 ‘‘(A) is coordinated with other programs 

2 under this Act, the Individuals with Disabilities 

3 Education Act, the Rehabilitation Act of 1973, 

4 the Carl D. Perkins Career and Technical Edu5 cation Act of 2006, the Workforce Innovation 

6 and Opportunity Act, the Head Start Act, the 

7 Child Care and Development Block Grant Act 

8 of 1990, the Education Sciences Reform Act of 

9 2002, the Education Technical Assistance Act, 

10 the NAEP Authorization Act, the McKinney11 Vento Homeless Assistance Act, and the Adult 

12 Education and Family Literacy Act; and 

13 ‘‘(B) describes how the State will imple14 ment evidence-based strategies for improving 

15 student achievement under this title and dis16 seminate that information to local educational 

17 agencies. 

18 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub19 mitted under paragraph (1) may be submitted as 

20 part of a consolidated plan under section 9302. 

21 ‘‘(3) PEER REVIEW AND SECRETARIAL AP22 PROVAL.— 

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

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

25 assist in the review of State plans; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
21 

•S 1177 PCS

1 ‘‘(ii) establish multidisciplinary peer 

2 review teams and appoint members of such 

3 teams that— 

4 ‘‘(I) are representative of teach5 ers, principals, other school leaders, 

6 specialized instructional support per7 sonnel, State educational agencies, 

8 local educational agencies, and indi9 viduals and researchers with practical 

10 experience in implementing academic 

11 standards, assessments, or account12 ability systems, and meeting the needs 

13 of disadvantaged students, children 

14 with disabilities, students who are 

15 English learners, the needs of low-per16 forming schools, and other educational 

17 needs of students; 

18 ‘‘(II) include a balanced rep19 resentation of individuals who have 

20 practical experience in the classroom, 

21 school administration, or State or 

22 local government, such as direct em23 ployees of a school, local educational 

24 agency, or State educational agency 

25 within the preceding 5 years; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
22 

•S 1177 PCS

1 ‘‘(III) represent a regionally di2 verse cross-section of States; 

3 ‘‘(iii) make available to the public, in4 cluding by such means as posting to the 

5 Department’s website, the list of peer re6 viewers who will review State plans under 

7 this section; 

8 ‘‘(iv) ensure that the peer review 

9 teams are comprised of varied individuals 

10 so that the same peer reviewers are not re11 viewing all of the State plans; and 

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

13 within 90 days of its submission unless the 

14 Secretary presents substantial evidence 

15 that clearly demonstrates that such State 

16 plan does not meet the requirements of 

17 this section. 

18 ‘‘(B) PURPOSE OF PEER REVIEW.—The 

19 peer-review process shall be designed to— 

20 ‘‘(i) maximize collaboration with each 

21 State; 

22 ‘‘(ii) promote effective implementation 

23 of the challenging State academic stand24 ards through State and local innovation; 

25 and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
23 

•S 1177 PCS

1 ‘‘(iii) provide publicly available, time2 ly, and objective feedback to States de3 signed to strengthen the technical and 

4 overall quality of the State plans. 

5 ‘‘(C) STANDARD AND NATURE OF RE6 VIEW.—Peer reviewers shall conduct an objec7 tive review of State plans in their totality and 

8 out of respect for State and local judgments, 

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

10 innovation and providing objective feedback on 

11 the technical and overall quality of a State plan. 

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

13 in this paragraph shall be construed as prohib14 iting the Secretary from appointing an indi15 vidual to serve as a peer reviewer on more than 

16 one peer review team under subparagraph (A) 

17 or to review more than one State plan. 

18 ‘‘(4) STATE PLAN DETERMINATION, DEM19 ONSTRATION, AND REVISION.—If the Secretary de20 termines that a State plan does not meet the re21 quirements of this subsection or subsection (b) or 

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

23 the State plan— 

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

25 determination; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
24 

•S 1177 PCS

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

2 specific requirements of this subsection or sub3 section (b) or (c) of the State plan that the Sec4 retary determines fails to meet such require5 ments; 

6 ‘‘(C) provide all peer review comments, 

7 suggestions, recommendations, or concerns in 

8 writing to the State; 

9 ‘‘(D) offer the State an opportunity to re10 vise and resubmit its plan within 60 days of 

11 such determination, including the chance for 

12 the State to present substantial evidence to 

13 clearly demonstrate that the State plan meets 

14 the requirements of this section; 

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

17 to meet the requirements of this subsection or 

18 subsection (b) or (c); and 

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

20 days of such resubmission, with public notice 

21 provided not less than 15 days before such 

22 hearing, unless the State declines the oppor23 tunity for such public hearing. 

24 ‘‘(5) STATE PLAN DISAPPROVAL.—The Sec25 retary shall have the authority to disapprove a State 


asabaliauskas on DSK5VPTVN1PROD with BILLS
25 

•S 1177 PCS

1 plan if the State has been notified and offered an 

2 opportunity to revise and submit with technical as3 sistance under paragraph (4), and— 

4 ‘‘(A) the State does not revise and resub5 mit its plan; or 

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

7 plan that the Secretary determines does not 

8 meet the requirements of this part after a hear9 ing conducted under paragraph (4)(F), if appli10 cable. 

11 ‘‘(6) LIMITATIONS.— 

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

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

14 condition of approval of the State plan or revi15 sions or amendments to the State plan, to— 

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

17 plan 1 or more specific elements of the 

18 challenging State academic standards; 

19 ‘‘(ii) use specific academic assessment 

20 instruments or items; 

21 ‘‘(iii) set specific State-designed an22 nual goals or specific timelines for such 

23 goals for all students or each of the cat24 egories of students, as defined in sub25 section (b)(3)(A); 


asabaliauskas on DSK5VPTVN1PROD with BILLS
26 

•S 1177 PCS

1 ‘‘(iv) assign any specific weight or 

2 specific significance to any measures or in3 dicators of student academic achievement 

4 or growth within State-designed account5 ability systems; 

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

7 plan any criterion that specifies, defines, or 

8 prescribes— 

9 ‘‘(I) the standards or measures 

10 that States or local educational agen11 cies use to establish, implement, or 

12 improve challenging State academic 

13 standards, including the content of, or 

14 achievement levels within, such stand15 ards; 

16 ‘‘(II) the specific types of aca17 demic assessments or assessment 

18 items that States and local edu19 cational agencies use to meet the re20 quirements of this part; 

21 ‘‘(III) any requirement that 

22 States shall measure student growth, 

23 the specific metrics used to measure 

24 student academic growth if a State 

25 chooses to measure student growth, or 


asabaliauskas on DSK5VPTVN1PROD with BILLS
27 

•S 1177 PCS

1 the specific indicators or methods to 

2 measure student readiness to enter 

3 postsecondary education or the work4 force; 

5 ‘‘(IV) any specific benchmarks, 

6 targets, goals, or metrics to measure 

7 nonacademic measures or indicators; 

8 ‘‘(V) the specific weight or spe9 cific significance of any measure or 

10 indicator of student academic achieve11 ment within State-designed account12 ability systems; 

13 ‘‘(VI) the specific annual goals 

14 States establish for student academic 

15 achievement or high school graduation 

16 rates, as described in subclauses (I) 

17 and (II) of subsection (b)(3)(B)(i); 

18 ‘‘(VII) any aspect or parameter 

19 of a teacher, principal, or other school 

20 leader evaluation system within a 

21 State or local educational agency; or 

22 ‘‘(VIII) indicators or specific 

23 measures of teacher, principal, or 

24 other school leader effectiveness or 

25 quality; or 


asabaliauskas on DSK5VPTVN1PROD with BILLS
28 

•S 1177 PCS

1 ‘‘(vi) require data collection beyond 

2 data derived from existing Federal, State, 

3 and local reporting requirements and data 

4 sources. 

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

6 in this paragraph shall be construed as author7 izing, requiring, or allowing any additional re8 porting requirements, data elements, or infor9 mation to be reported to the Secretary not oth10 erwise explicitly authorized under Federal law. 

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

15 through the website of the Department, including— 

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

17 State; 

18 ‘‘(B) peer-review comments; 

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

21 ‘‘(D) notices and transcripts of public 

22 hearings under this section. 

23 ‘‘(8) DURATION OF THE PLAN.— 

24 ‘‘(A) IN GENERAL.—Each State plan 

25 shall— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
29 

•S 1177 PCS

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). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
30 

•S 1177 PCS

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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
31 

•S 1177 PCS

1 ‘‘(b) CHALLENGING STATE ACADEMIC STANDARDS, 

2 ACADEMIC ASSESSMENTS, AND ACCOUNTABILITY SYS3 TEMS.— 

4 ‘‘(1) CHALLENGING STATE ACADEMIC STAND5 ARDS.— 

6 ‘‘(A) IN GENERAL.—Each State shall pro7 vide an assurance that the State has adopted 

8 challenging academic content standards and 

9 aligned academic achievement standards (re10 ferred to in this Act as ‘challenging State aca11 demic standards’), which achievement standards 

12 shall include not less than 3 levels of achieve13 ment, that will be used by the State, its local 

14 educational agencies, and its schools to carry 

15 out this part. A State shall not be required to 

16 submit such challenging State academic stand17 ards to the Secretary. 

18 ‘‘(B) SAME STANDARDS.—Except as pro19 vided in subparagraph (E), the standards re20 quired by subparagraph (A) shall be the same 

21 standards that the State applies to all public 

22 schools and public school students in the State. 

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

24 such standards in mathematics, reading or lan25 guage arts, and science, and any other subjects 


asabaliauskas on DSK5VPTVN1PROD with BILLS
32 

•S 1177 PCS

1 as determined by the State, which shall include 

2 the same knowledge, skills, and levels of 

3 achievement expected of all public school stu4 dents in the State. 

5 ‘‘(D) ALIGNMENT.—Each State shall dem6 onstrate that the challenging State academic 

7 standards are aligned with— 

8 ‘‘(i) entrance requirements, without 

9 the need for academic remediation, for the 

10 system of public higher education in the 

11 State; 

12 ‘‘(ii) relevant State career and tech13 nical education standards; and 

14 ‘‘(iii) relevant State early learning 

15 guidelines, as required under section 

16 658E(c)(2)(T) of the Child Care and De17 velopment Block Grant Act of 1990 (42 

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

19 ‘‘(E) ALTERNATE ACADEMIC ACHIEVE20 MENT STANDARDS FOR STUDENTS WITH THE

21 MOST SIGNIFICANT COGNITIVE DISABILITIES.— 

22 ‘‘(i) IN GENERAL.—The State may, 

23 through a documented and validated 

24 standards-setting process, adopt alternate 

25 academic achievement standards for stuVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
33 

•S 1177 PCS

1 dents with the most significant cognitive 

2 disabilities, provided those standards— 

3 ‘‘(I) are aligned with the chal4 lenging State academic content stand5 ards under subparagraph (A); 

6 ‘‘(II) promote access to the gen7 eral curriculum, consistent with the 

8 purposes of the Individuals with Dis9 abilities Education Act, as stated in 

10 section 601(d) of such Act; 

11 ‘‘(III) reflect professional judg12 ment of the highest achievement 

13 standards attainable by those stu14 dents; 

15 ‘‘(IV) are designated in the indi16 vidualized education program devel17 oped under section 614(d)(3) of the 

18 Individuals with Disabilities Edu19 cation Act for each such student as 

20 the academic achievement standards 

21 that will be used for the student; and 

22 ‘‘(V) are aligned to ensure that a 

23 student who meets the alternate aca24 demic achievement standards is on 


asabaliauskas on DSK5VPTVN1PROD with BILLS
34 

•S 1177 PCS

1 track for further education or employ2 ment. 

3 ‘‘(ii) PROHIBITION ON ANY OTHER AL4 TERNATE OR MODIFIED ACADEMIC

5 ACHIEVEMENT STANDARDS.—A State shall 

6 not develop, or implement for use under 

7 this part, any alternate academic achieve8 ment standards for children with disabil9 ities that are not alternate academic 

10 achievement standards that meet the re11 quirements of clause (i). 

12 ‘‘(F) ENGLISH LANGUAGE PROFICIENCY

13 STANDARDS.—Each State plan shall dem14 onstrate that the State has adopted English 

15 language proficiency standards that are aligned 

16 with the challenging State academic standards 

17 under subparagraph (A). Such standards 

18 shall— 

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

20 domains of speaking, listening, reading, 

21 and writing; 

22 ‘‘(ii) address the different proficiency 

23 levels of children who are English learners; 

24 and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
35 

•S 1177 PCS

1 ‘‘(iii) be aligned with the challenging 

2 State academic standards in reading or 

3 language arts, so that achieving proficiency 

4 in the State’s English language proficiency 

5 standards indicates a sufficient knowledge 

6 of English to measure validly and reliably 

7 the student’s achievement on the State’s 

8 reading or language arts standards. 

9 ‘‘(G) PROHIBITIONS.— 

10 ‘‘(i) STANDARDS REVIEW OR AP11 PROVAL.—A State shall not be required to 

12 submit any standards developed under this 

13 subsection to the Secretary for review or 

14 approval. 

15 ‘‘(ii) FEDERAL CONTROL.—The Sec16 retary shall not have the authority to man17 date, direct, control, coerce, or exercise any 

18 direction or supervision over any of the 

19 challenging State academic standards 

20 adopted or implemented by a State. 

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

22 this part shall prohibit a State from revising, 

23 consistent with this section, any standard 

24 adopted under this part before or after the date 


asabaliauskas on DSK5VPTVN1PROD with BILLS
36 

•S 1177 PCS

1 of enactment of the Every Child Achieves Act 

2 of 2015. 

3 ‘‘(2) ACADEMIC ASSESSMENTS.— 

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

5 demonstrate that the State educational agency, 

6 in consultation with local educational agencies, 

7 has implemented a set of high-quality statewide 

8 academic assessments that— 

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

10 statewide assessments in mathematics, 

11 reading or language arts, and science; and 

12 ‘‘(ii) meets the requirements of sub13 paragraph (B). 

14 ‘‘(B) REQUIREMENTS.—The assessments 

15 under subparagraph (A) shall— 

16 ‘‘(i) except as provided in subpara17 graph (D), be— 

18 ‘‘(I) the same academic assess19 ments used to measure the achieve20 ment of all public elementary school 

21 and secondary school students in the 

22 State; and 

23 ‘‘(II) administered to all public 

24 elementary school and secondary 

25 school students in the State; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
37 

•S 1177 PCS

1 ‘‘(ii) be aligned with the challenging 

2 State academic standards, and provide co3 herent and timely information about stu4 dent attainment of such standards and 

5 whether the student is performing at the 

6 student’s grade level; 

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

8 such assessments are valid and reliable, 

9 consistent with relevant, nationally recog10 nized professional and technical testing 

11 standards, and objectively measure aca12 demic achievement, knowledge, and skills; 

13 ‘‘(iv) be of adequate technical quality 

14 for each purpose required under this Act 

15 and consistent with the requirements of 

16 this section, the evidence of which is made 

17 public, including on the website of the 

18 State educational agency; 

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

20 achievement of all students against the 

21 challenging State academic standards in, 

22 at a minimum, mathematics and reading 

23 or language arts, and be administered— 

24 ‘‘(aa) in each of grades 3 

25 through 8; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
38 

•S 1177 PCS

1 ‘‘(bb) at least once in grades 9 

2 through 12; and 

3 ‘‘(II) measure the academic achieve4 ment of all students against the chal5 lenging State academic standards in 

6 science, and be administered not less than 

7 one time, during— 

8 ‘‘(aa) grades 3 through 5; 

9 ‘‘(bb) grades 6 through 9; and 

10 ‘‘(cc) grades 10 through 12; 

11 ‘‘(vi) involve multiple up-to-date meas12 ures of student academic achievement, in13 cluding measures that assess higher-order 

14 thinking skills and understanding, which 

15 may include measures of student academic 

16 growth and may be partially delivered in 

17 the form of portfolios, projects, or ex18 tended performance tasks; 

19 ‘‘(vii) provide for— 

20 ‘‘(I) the participation in such as21 sessments of all students; 

22 ‘‘(II) the appropriate accom23 modations for children with disabil24 ities and students with a disability 

25 who are provided accommodations 


asabaliauskas on DSK5VPTVN1PROD with BILLS
39 

•S 1177 PCS

1 under another Act, necessary to meas2 ure the academic achievement of such 

3 children relative to the challenging 

4 State academic standards; 

5 ‘‘(III) the inclusion of English 

6 learners, who shall be assessed in a 

7 valid and reliable manner and pro8 vided appropriate accommodations on 

9 assessments administered to such stu10 dents under this paragraph, including, 

11 to the extent practicable, assessments 

12 in the language and form most likely 

13 to yield accurate data on what such 

14 students know and can do in academic 

15 content areas, until such students 

16 have achieved English language pro17 ficiency, as determined under para18 graph (1)(F); 

19 ‘‘(viii) at the State’s choosing— 

20 ‘‘(I) be administered through a 

21 single summative assessment; or 

22 ‘‘(II) be administered through 

23 multiple statewide assessments during 

24 the course of the year if the State can 

25 demonstrate that the results of these 


asabaliauskas on DSK5VPTVN1PROD with BILLS
40 

•S 1177 PCS

1 multiple assessments, taken in their 

2 totality, provide a summative score 

3 that provides valid and reliable infor4 mation on individual student achieve5 ment or growth; 

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

7 provide for assessments (using tests in 

8 English) of reading or language arts of 

9 any student who has attended school in the 

10 United States (not including the Common11 wealth of Puerto Rico) for 3 or more con12 secutive school years, except that if the 

13 local educational agency determines, on a 

14 case-by-case individual basis, that aca15 demic assessments in another language or 

16 form would likely yield more accurate and 

17 reliable information on what such student 

18 knows and can do, the local educational 

19 agency may make a determination to as20 sess such student in the appropriate lan21 guage other than English for a period that 

22 does not exceed 2 additional consecutive 

23 years, provided that such student has not 

24 yet reached a level of English language 

25 proficiency sufficient to yield valid and reliVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
41 

•S 1177 PCS

1 able information on what such student 

2 knows and can do on tests (written in 

3 English) of reading or language arts; 

4 ‘‘(x) produce individual student inter5 pretive, descriptive, and diagnostic reports, 

6 consistent with clause (iii), that allow par7 ents, teachers, principals, and other school 

8 leaders to understand and address the spe9 cific academic needs of students, and in10 clude information regarding achievement 

11 on academic assessments aligned with chal12 lenging State academic achievement stand13 ards, and that are provided to parents, 

14 teachers, principals, and other school lead15 ers as soon as is practicable after the as16 sessment is given, in an understandable 

17 and uniform format, and, to the extent 

18 practicable, in a language that the parents 

19 can understand; 

20 ‘‘(xi) enable results to be 

21 disaggregated within each State, local edu22 cational agency, and school, by— 

23 ‘‘(I) each major racial and ethnic 

24 group; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
42 

•S 1177 PCS

1 ‘‘(II) economically disadvantaged 

2 students as compared to students who 

3 are not economically disadvantaged; 

4 ‘‘(III) children with disabilities as 

5 compared to children without disabil6 ities; 

7 ‘‘(IV) English proficiency status; 

8 ‘‘(V) gender; and 

9 ‘‘(VI) migrant status; 

10 ‘‘(xii) enable itemized score analyses 

11 to be produced and reported, consistent 

12 with clause (iii), to local educational agen13 cies and schools, so that parents, teachers, 

14 principals, other school leaders, and ad15 ministrators can interpret and address the 

16 specific academic needs of students as indi17 cated by the students’ achievement on as18 sessment items; and 

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

20 practicable, using the principles of uni21 versal design for learning. 

22 ‘‘(C) EXCEPTION TO DISAGGREGATION.— 

23 Notwithstanding subparagraph (B)(xi), the 

24 disaggregated results of assessments shall not 


asabaliauskas on DSK5VPTVN1PROD with BILLS
43 

•S 1177 PCS

1 be required in the case of a local educational 

2 agency or school if— 

3 ‘‘(i) the number of students in a cat4 egory described under subparagraph 

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

6 reliable information; or 

7 ‘‘(ii) the results would reveal person8 ally identifiable information about an indi9 vidual student. 

10 ‘‘(D) ALTERNATE ASSESSMENTS FOR STU11 DENTS WITH THE MOST SIGNIFICANT COG12 NITIVE DISABILITIES.— 

13 ‘‘(i) ALTERNATE ASSESSMENTS

14 ALIGNED WITH ALTERNATE ACADEMIC

15 ACHIEVEMENT STANDARDS.—A State may 

16 provide for alternate assessments aligned 

17 with the challenging State academic con18 tent standards and alternate academic 

19 achievement standards described in para20 graph (1)(E) for students with the most 

21 significant cognitive disabilities, if the 

22 State— 

23 ‘‘(I) ensures that for each sub24 ject, the total number of students as25 sessed in such subject using the alterVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
44 

•S 1177 PCS

1 nate assessments does not exceed 1 

2 percent of the total number of all stu3 dents in the State who are assessed in 

4 such subject; 

5 ‘‘(II) establishes and monitors 

6 implementation of clear and appro7 priate guidelines for individualized 

8 education program teams (as defined 

9 in section 614(d)(1)(B) of the Individ10 uals with Disabilities Education Act) 

11 to apply in determining, individually 

12 for each subject, when a child’s sig13 nificant cognitive disability justifies 

14 assessment based on alternate aca15 demic achievement standards; 

16 ‘‘(III) ensures that, consistent 

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

19 parents are involved in the decision to 

20 use the alternate assessment for their 

21 child; 

22 ‘‘(IV) ensures that, consistent 

23 with the requirements of the Individ24 uals with Disabilities Education Act, 

25 students with the most significant 


asabaliauskas on DSK5VPTVN1PROD with BILLS
45 

•S 1177 PCS

1 cognitive disabilities are involved in 

2 and make progress in the general edu3 cation curriculum; 

4 ‘‘(V) describes in the State plan 

5 the appropriate accommodations pro6 vided to ensure access to the alternate 

7 assessment; 

8 ‘‘(VI) describes in the State plan 

9 the steps the State has taken to incor10 porate universal design for learning, 

11 to the extent feasible, in alternate as12 sessments; 

13 ‘‘(VII) ensures that general and 

14 special education teachers and other 

15 appropriate staff know how to admin16 ister assessments, including making 

17 appropriate use of accommodations, to 

18 children with disabilities; 

19 ‘‘(VIII) develops, disseminates in20 formation on, and promotes the use of 

21 appropriate accommodations to in22 crease the number of students with 

23 significant cognitive disabilities par24 ticipating in academic instruction and 

25 assessments and increase the number 


asabaliauskas on DSK5VPTVN1PROD with BILLS
46 

•S 1177 PCS

1 of students with significant cognitive 

2 disabilities who are tested against 

3 challenging State academic achieve4 ment standards; and 

5 ‘‘(IX) ensures that students who 

6 take alternate assessments based on 

7 alternate academic achievement stand8 ards are not precluded from attempt9 ing to complete the requirements for a 

10 regular high school diploma. 

11 ‘‘(ii) STUDENTS WITH THE MOST SIG12 NIFICANT COGNITIVE DISABILITIES.—In 

13 determining the achievement of students in 

14 the State accountability system, a State 

15 educational agency shall include, for all 

16 schools in the State, the performance of 

17 the State’s students with the most signifi18 cant cognitive disabilities on alternate as19 sessments as described in this subpara20 graph in the subjects included in the 

21 State’s accountability system, consistent 

22 with the 1 percent limitation of clause 

23 (i)(I). 

24 ‘‘(E) STATE AUTHORITY.—If a State edu25 cational agency provides evidence, which is satVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
47 

•S 1177 PCS

1 isfactory to the Secretary, that neither the 

2 State educational agency nor any other State 

3 government official, agency, or entity has suffi4 cient authority, under State law, to adopt chal5 lenging State academic standards, and aca6 demic assessments aligned with such standards, 

7 which will be applicable to all students enrolled 

8 in the State’s public elementary schools and 

9 secondary schools, then the State educational 

10 agency may meet the requirements of this sub11 section by— 

12 ‘‘(i) adopting academic standards and 

13 academic assessments that meet the re14 quirements of this subsection, on a state15 wide basis, and limiting their applicability 

16 to students served under this part; or 

17 ‘‘(ii) adopting and implementing poli18 cies that ensure that each local educational 

19 agency in the State that receives grants 

20 under this part will adopt academic con21 tent and student academic achievement 

22 standards, and academic assessments 

23 aligned with such standards, which— 

24 ‘‘(I) meet all of the criteria in 

25 this subsection and any regulations 


asabaliauskas on DSK5VPTVN1PROD with BILLS
48 

•S 1177 PCS

1 regarding such standards and assess2 ments that the Secretary may publish; 

3 and 

4 ‘‘(II) are applicable to all stu5 dents served by each such local edu6 cational agency. 

7 ‘‘(F) LANGUAGE ASSESSMENTS.—Each 

8 State plan shall identify the languages other 

9 than English that are present to a significant 

10 extent in the participating student population of 

11 the State and indicate the languages for which 

12 annual student academic assessments are not 

13 available and are needed, and such State shall 

14 make every effort to develop such assessments 

15 as necessary. 

16 ‘‘(G) ASSESSMENTS OF ENGLISH LAN17 GUAGE PROFICIENCY.—Each State plan shall 

18 demonstrate that local educational agencies in 

19 the State will provide for an annual assessment 

20 of English proficiency, which is valid, reliable, 

21 and consistent with relevant nationally recog22 nized professional and technical testing stand23 ards measuring students’ speaking, listening, 

24 reading, and writing skills in English, of all 


asabaliauskas on DSK5VPTVN1PROD with BILLS
49 

•S 1177 PCS

1 children who are English learners in the schools 

2 served by the State educational agency. 

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

4 commencement, or suspend the administration, 

5 but not cease the development, of the assess6 ments described in this paragraph, for 1 year 

7 for each year for which the amount appro8 priated for grants under part B is less than 

9 $378,000,000. 

10 ‘‘(I) RULE OF CONSTRUCTION REGARDING

11 USE OF ASSESSMENTS FOR STUDENT PRO12 MOTION OR GRADUATION.—Nothing in this 

13 paragraph shall be construed to prescribe or 

14 prohibit the use of the academic assessments 

15 described in this part for student promotion or 

16 graduation purposes. 

17 ‘‘(J) RULE OF CONSTRUCTION REGARDING

18 ASSESSMENTS.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided in clause (ii), nothing in this para21 graph shall be construed to prohibit a 

22 State from developing and administering 

23 computer adaptive assessments as the as24 sessments described in this paragraph, as 


asabaliauskas on DSK5VPTVN1PROD with BILLS
50 

•S 1177 PCS

1 long as the computer adaptive assess2 ments— 

3 ‘‘(I) meet the requirements of 

4 this paragraph; and 

5 ‘‘(II) assess the student’s aca6 demic achievement in order to meas7 ure, in the subject being assessed, 

8 whether the student is performing 

9 above or below the student’s grade 

10 level. 

11 ‘‘(ii) APPLICABILITY TO ALTERNATE

12 ASSESSMENTS FOR STUDENTS WITH THE

13 MOST SIGNIFICANT COGNITIVE DISABIL14 ITIES.—In developing and administering 

15 computer adaptive assessments as the as16 sessments allowed under subparagraph 

17 (D), a State shall ensure that such com18 puter adaptive assessments— 

19 ‘‘(I) meet the requirements of 

20 this paragraph, including subpara21 graph (D), except such assessments 

22 shall not be required to meet the re23 quirements of clause (i)(II); and 

24 ‘‘(II) assess the student’s aca25 demic achievement in order to measVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
51 

•S 1177 PCS

1 ure, in the subject being assessed, 

2 whether the student is performing at 

3 the student’s grade level. 

4 ‘‘(K) RULE OF CONSTRUCTION ON PARENT

5 AND GUARDIAN RIGHTS.—Nothing in this part 

6 shall be construed as preempting a State or 

7 local law regarding the decision of a parent or 

8 guardian to not have the parent or guardian’s 

9 child participate in the statewide academic as10 sessments under this paragraph. 

11 ‘‘(3) STATE ACCOUNTABILITY SYSTEM.— 

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

13 paragraph, the term ‘category of students’ 

14 means— 

15 ‘‘(i) economically disadvantaged stu16 dents; 

17 ‘‘(ii) students from major racial and 

18 ethnic groups; 

19 ‘‘(iii) children with disabilities; and 

20 ‘‘(iv) English learner students. 

21 ‘‘(B) DESCRIPTION OF SYSTEM.—Each 

22 State plan shall describe a single, statewide 

23 State accountability system that will be based 

24 on the challenging State academic standards 

25 adopted by the State to ensure that all students 


asabaliauskas on DSK5VPTVN1PROD with BILLS
52 

•S 1177 PCS

1 graduate from high school prepared for postsec2 ondary education or the workforce without the 

3 need for postsecondary remediation and at a 

4 minimum complies with the following: 

5 ‘‘(i) Annually establishes State-de6 signed goals for all students and each of 

7 the categories of students in the State that 

8 take into account the progress necessary 

9 for all students and each of the categories 

10 of students to graduate from high school 

11 prepared for postsecondary education or 

12 the workforce without the need for postsec13 ondary remediation, for, at a minimum 

14 each of the following: 

15 ‘‘(I) Academic achievement, 

16 which may include student growth, on 

17 the State assessments under para18 graph (2). 

19 ‘‘(II) High school graduation 

20 rates, including— 

21 ‘‘(aa) the 4-year adjusted 

22 cohort graduation rate; and 

23 ‘‘(bb) at the State’s discre24 tion, the extended-year adjusted 

25 cohort graduation rate. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
53 

•S 1177 PCS

1 ‘‘(ii) Annually measures and reports 

2 on the following indicators: 

3 ‘‘(I) The academic achievement 

4 of all public school students in all 

5 public schools and local educational 

6 agencies in the State towards meeting 

7 the goals described in clause (i) and 

8 the challenging State academic stand9 ards for all students and for each of 

10 the categories of students using stu11 dent performance on State assess12 ments required under paragraph (2), 

13 which may include measures of stu14 dent academic growth to such stand15 ards. 

16 ‘‘(II) The academic success of all 

17 public school students in all public 

18 schools and local educational agencies 

19 in the State, that is with respect to— 

20 ‘‘(aa) elementary schools 

21 and secondary schools that are 

22 not high schools, an academic in23 dicator, as determined by the 

24 State, that is the same statewide 

25 for all public elementary school 


asabaliauskas on DSK5VPTVN1PROD with BILLS
54 

•S 1177 PCS

1 students and all students at such 

2 secondary schools, and each cat3 egory of students; and 

4 ‘‘(bb) high schools, the high 

5 school graduation rates of all 

6 public high school students in all 

7 public high schools in the State 

8 toward meeting the goals de9 scribed in clause (i), for all stu10 dents and for each of the cat11 egories of students, including the 

12 4-year adjusted cohort gradua13 tion rate and at the State’s dis14 cretion, the extended-year ad15 justed cohort graduation rate. 

16 ‘‘(III) English language pro17 ficiency of all English learners in all 

18 public schools and local educational 

19 agencies, which may include measures 

20 of student growth. 

21 ‘‘(IV) Not less than one other 

22 valid and reliable indicator of school 

23 quality, success, or student supports, 

24 as determined appropriate by the 

25 State, that will be applied to all local 


asabaliauskas on DSK5VPTVN1PROD with BILLS
55 

•S 1177 PCS

1 educational agencies and schools con2 sistently throughout the State for all 

3 students and for each of the cat4 egories of students, which may include 

5 measures of— 

6 ‘‘(aa) student readiness to 

7 enter postsecondary education or 

8 the workforce without the need 

9 for postsecondary remediation; 

10 ‘‘(bb) student engagement, 

11 such as attendance rates and 

12 chronic absenteeism; 

13 ‘‘(cc) educator engagement, 

14 such as educator satisfaction (in15 cluding working conditions within 

16 the school), teacher quality and 

17 effectiveness, and teacher absen18 teeism; 

19 ‘‘(dd) results from student, 

20 parent, and educator surveys; 

21 ‘‘(ee) school climate and 

22 safety, such as incidents of school 

23 violence, bullying, and harass24 ment, and disciplinary rates, in25 cluding rates of suspension, exVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
56 

•S 1177 PCS

1 pulsion, referrals to law enforce2 ment, school-based arrests, dis3 ciplinary transfers (including 

4 placements in alternative 

5 schools), and student detentions; 

6 ‘‘(ff) student access to or 

7 success in advanced coursework 

8 or educational programs or op9 portunities; and 

10 ‘‘(gg) any other State-deter11 mined measure of school quality 

12 or student success. 

13 ‘‘(iii) Establishes a system of annually 

14 identifying and meaningfully differen15 tiating among all public schools in the 

16 State, which shall— 

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

18 the State’s accountability system for 

19 all students and for each of the cat20 egories of students; and 

21 ‘‘(II) use the indicators described 

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

23 as substantial factors in the annual 

24 identification of schools, and the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
57 

•S 1177 PCS

1 weight of such factors shall be deter2 mined by the State. 

3 ‘‘(iv) For public schools receiving as4 sistance under this part, meets the require5 ments of section 1114. 

6 ‘‘(v) Provides a clear and understand7 able explanation of the method of identi8 fying and meaningfully differentiating 

9 schools under clause (iii). 

10 ‘‘(vi) Measures the annual progress of 

11 not less than 95 percent of all students, 

12 and students in each of the categories of 

13 students, who are enrolled in the school 

14 and are required to take the assessments 

15 under paragraph (2) and provides a clear 

16 and understandable explanation of how the 

17 State will factor this requirement into the 

18 State-designed accountability system deter19 minations. 

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

21 State may choose to— 

22 ‘‘(A) exclude a recently arrived English 

23 learner who has attended school in one of the 

24 50 States in the United States or in the Dis25 trict of Columbia for less than 12 months from 


asabaliauskas on DSK5VPTVN1PROD with BILLS
58 

•S 1177 PCS

1 one administration of the reading or language 

2 arts assessment required under paragraph (2); 

3 ‘‘(B) exclude the results of a recently ar4 rived English learner who has attended school 

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

6 in the District of Columbia for less than 12 

7 months on the assessments under paragraph 

8 (2), except for the results on the English lan9 guage proficiency assessments required under 

10 paragraph (2)(G), for the first year of the 

11 English learner’s enrollment in a school in the 

12 United States for the purposes of the State-de13 termined accountability system under this sub14 section; and 

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

16 under paragraph (2), except for results on the 

17 English language proficiency assessments re18 quired under paragraph (2)(G), of former 

19 English learners for not more than 2 years 

20 after the student is no longer identified as an 

21 English learner within the English learner cat22 egory of the categories of students, as defined 

23 in paragraph (3)(A), for the purposes of the 

24 State-determined accountability system. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
59 

•S 1177 PCS

1 ‘‘(5) ACCOUNTABILITY FOR CHARTER

2 SCHOOLS.—The accountability provisions under this 

3 title shall be overseen for charter schools in accord4 ance with State charter school law. 

5 ‘‘(6) PROHIBITION ON FEDERAL INTER6 FERENCE WITH STATE AND LOCAL DECISIONS.— 

7 Nothing in this subsection shall be construed to per8 mit the Secretary to establish any criterion that 

9 specifies, defines, or prescribes— 

10 ‘‘(A) the standards or measures that 

11 States or local educational agencies use to es12 tablish, implement, or improve challenging 

13 State academic standards, including the content 

14 of, or achievement levels within, such standards; 

15 ‘‘(B) the specific types of academic assess16 ments or assessment items that States or local 

17 educational agencies use to meet the require18 ments of paragraph (2)(B) or otherwise use to 

19 measure student academic achievement or stu20 dent growth; 

21 ‘‘(C) the specific goals that States estab22 lish within State-designed accountability sys23 tems for all students and for each of the cat24 egories of students, as defined in paragraph 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
60 

•S 1177 PCS

1 high school graduation rates, as described in 

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

3 ‘‘(D) any requirement that States shall 

4 measure student growth or the specific metrics 

5 used to measure student academic growth if a 

6 State chooses to measure student growth; 

7 ‘‘(E) the specific indicator under para8 graph (3)(B)(ii)(II)(aa), or any indicator under 

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

10 within the State-designed accountability system; 

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

12 or goals, for any other measures or indicators 

13 established by a State under subclauses (III) 

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

15 progress or growth on such measures or indica16 tors; 

17 ‘‘(G) the specific weight or specific signifi18 cance of any measures or indicators used to 

19 measure, identify, or differentiate schools in the 

20 State-determined accountability system, as de21 scribed in clauses (ii) and (iii) of paragraph 

22 (3)(B); 

23 ‘‘(H) the terms ‘meaningfully’ or ‘substan24 tially’ as used in this part; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
61 

•S 1177 PCS

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

2 and local educational agencies to identify and 

3 meaningfully differentiate among public schools; 

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

5 principal, or other school leader evaluation sys6 tem within a State or local educational agency; 

7 or 

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

9 principal, or other school leader effectiveness or 

10 quality. 

11 ‘‘(c) OTHER PLAN PROVISIONS.— 

12 ‘‘(1) DESCRIPTIONS.—Each State plan shall de13 scribe— 

14 ‘‘(A) with respect to any accountability 

15 provisions under this part that require 

16 disaggregation of information by each of the 

17 categories of students, as defined in subsection 

18 (b)(3)(A)— 

19 ‘‘(i) the minimum number of students 

20 that the State determines are necessary to 

21 be included in each such category of stu22 dents to carry out such requirements and 

23 how that number is statistically sound; 

24 ‘‘(ii) how such minimum number of 

25 students was determined by the State, inVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
62 

•S 1177 PCS

1 cluding how the State collaborated with 

2 teachers, principals, other school leaders, 

3 parents, and other stakeholders when set4 ting the minimum number; and 

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

6 minimum number does not reveal person7 ally identifiable information about stu8 dents; 

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

10 to monitor and evaluate the intervention and 

11 support strategies implemented by local edu12 cational agencies in schools identified as in need 

13 of intervention and support under section 1114, 

14 including the lowest-performing schools and 

15 schools identified for other reasons, including 

16 schools with categories of students, as defined 

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

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

19 steps the State will take to further assist local 

20 educational agencies, if such strategies are not 

21 effective; 

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

23 to use funds under this part to offer early child24 hood education programs, how the State pro25 vides assistance and support to local eduVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
63 

•S 1177 PCS

1 cational agencies and individual elementary 

2 schools that are creating, expanding, or improv3 ing such programs; 

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

5 to use funds under this part to support a multi6 tiered system of supports, positive behavioral 

7 interventions and supports, or early intervening 

8 services, how the State educational agency will 

9 assist local educational agencies in the develop10 ment, implementation, and coordination of such 

11 activities and services with similar activities and 

12 services carried out under the Individuals with 

13 Disabilities Education Act in schools served by 

14 the local educational agency, including by pro15 viding technical assistance, training, and eval16 uation of the activities and services; 

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

18 provide support to local educational agencies for 

19 the education of homeless children and youths, 

20 and how the State will comply with the require21 ments of subtitle B of title VII of the McKin22 ney-Vento Homeless Assistance Act; 

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

24 enrolled in schools assisted under this part are 

25 not served at disproportionate rates by ineffecVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
64 

•S 1177 PCS

1 tive, out-of-field, and inexperienced teachers, 

2 principals, or other school leaders, and the 

3 measures the State educational agency will use 

4 to evaluate and publicly report the progress of 

5 the State educational agency with respect to 

6 such description; 

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

8 methods or criteria the State or its local edu9 cational agencies are using to measure teacher, 

10 principal, and other school leader effectiveness 

11 for the purpose of meeting the requirements de12 scribed in subparagraph (F), however nothing 

13 in this subparagraph shall be construed as re14 quiring a State to develop or implement a 

15 teacher, principal, or other school leader evalua16 tion system; 

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

18 protect each student from physical or mental 

19 abuse, aversive behavioral interventions that 

20 compromise student health and safety, or any 

21 physical restraint or seclusion imposed solely 

22 for purposes of discipline or convenience, which 

23 may include how such agency will identify and 

24 support, including through professional develop25 ment, training, and technical assistance, local 


asabaliauskas on DSK5VPTVN1PROD with BILLS
65 

•S 1177 PCS

1 educational agencies and schools that have high 

2 levels of seclusion and restraint or 

3 disproportionality in rates of seclusion and re4 straint; 

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

6 address school discipline issues, which may in7 clude how such agency will identify and sup8 port, including through professional develop9 ment, training, and technical assistance, local 

10 educational agencies and schools that have high 

11 levels of exclusionary discipline or 

12 disproportionality in rates of exclusionary dis13 cipline; 

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

15 address school climate issues, which may in16 clude providing technical assistance on effective 

17 strategies to reduce the incidence of school vio18 lence, bullying, harassment, drug and alcohol 

19 use and abuse, and rates of chronic absentee20 ism; 

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

22 and meaningful consultation with local edu23 cational agencies representing the geographic 

24 diversity of the State, the timelines and annual 

25 goals for progress necessary to move English 


asabaliauskas on DSK5VPTVN1PROD with BILLS
66 

•S 1177 PCS

1 learners from the lowest levels of English pro2 ficiency to the State-defined proficient level in 

3 a State-determined number of years, including 

4 an assurance that such goals will be based on 

5 students’ initial language proficiency when first 

6 identified as an English learner and may take 

7 into account the amount of time that an indi8 vidual child has been enrolled in a language 

9 program and grade level; 

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

11 will take to ensure collaboration with the State 

12 agency responsible for administering the State 

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

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

15 670 et seq.) to improve the educational stability 

16 of children or youth in foster care, including an 

17 assurance that— 

18 ‘‘(i) any such child or youth is imme19 diately enrolled in a school, even if the 

20 child or youth is unable to produce records 

21 normally required for enrollment; and 

22 ‘‘(ii) the enrolling school shall imme23 diately contact the school last attended by 

24 any such child or youth to obtain relevant 

25 academic and other records; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
67 

•S 1177 PCS

1 ‘‘(M) 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; and 

10 ‘‘(ii) encourage the offering of a vari11 ety of well-rounded education experiences 

12 to students. 

13 ‘‘(2) ASSURANCES.—Each State plan shall pro14 vide an assurance that— 

15 ‘‘(A) the State educational agency will no16 tify local educational agencies, Indian tribes 

17 and tribal organizations, schools, teachers, par18 ents, and the public of the challenging State 

19 academic standards, academic assessments, and 

20 State accountability system, developed under 

21 this section; 

22 ‘‘(B) the State educational agency will as23 sist each local educational agency and school af24 fected by the State plan to meet the require25 ments of this part; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
68 

•S 1177 PCS

1 ‘‘(C) the State will participate in the bien2 nial State academic assessments in reading and 

3 mathematics in grades 4 and 8 of the National 

4 Assessment of Educational Progress carried out 

5 under section 303(b)(3) of the National Assess6 ment of Educational Progress Authorization 

7 Act if the Secretary pays the costs of admin8 istering such assessments; 

9 ‘‘(D) the State educational agency will 

10 modify or eliminate State fiscal and accounting 

11 barriers so that schools can easily consolidate 

12 funds from other Federal, State, and local 

13 sources in order to improve educational oppor14 tunities and reduce unnecessary fiscal and ac15 counting requirements; 

16 ‘‘(E) the State educational agency will sup17 port the collection and dissemination to local 

18 educational agencies and schools of effective 

19 parent and family engagement strategies, in20 cluding those included in the parent and family 

21 engagement policy under section 1115; 

22 ‘‘(F) the State educational agency will pro23 vide the least restrictive and burdensome regu24 lations for local educational agencies and indiVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
69 

•S 1177 PCS

1 vidual schools participating in a program as2 sisted under this part; 

3 ‘‘(G) the State educational agency will en4 sure that local educational agencies, in devel5 oping and implementing programs under this 

6 part, will, to the extent feasible, work in con7 sultation with outside intermediary organiza8 tions, such as educational service agencies, or 

9 individuals, that have practical expertise in the 

10 development or use of evidence-based strategies 

11 and programs to improve teaching, learning, 

12 and schools; 

13 ‘‘(H) the State educational agency has ap14 propriate procedures and safeguards in place to 

15 ensure the validity of the assessment process; 

16 ‘‘(I) the State educational agency will en17 sure that all teachers and paraprofessionals 

18 working in a program supported with funds 

19 under this part meet applicable State certifi20 cation and licensure requirements, including al21 ternative certification requirements; 

22 ‘‘(J) the State educational agency will co23 ordinate activities funded under this part with 

24 other Federal activities as appropriate; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
70 

•S 1177 PCS

1 ‘‘(K) the State educational agency has in2 volved the committee of practitioners estab3 lished under section 1503(b) in developing the 

4 plan and monitoring its implementation; 

5 ‘‘(L) the State has professional standards 

6 for paraprofessionals working in a program 

7 supported with funds under this part, including 

8 qualifications that were in place on the day be9 fore the date of enactment of the Every Child 

10 Achieves Act of 2015; and 

11 ‘‘(M) the State educational agency will as12 sess the system for collecting data from local 

13 educational agencies, and the technical assist14 ance provided to local educational agencies on 

15 data collection, and will evaluate the need to 

16 upgrade or change the system and to provide 

17 additional support to help minimize the burden 

18 on local educational agencies related to report19 ing data required for the annual State report 

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

21 local educational agency report cards described 

22 in subsection (d)(2). 

23 ‘‘(d) REPORTS.— 

24 ‘‘(1) ANNUAL STATE REPORT CARD.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
71 

•S 1177 PCS

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

2 assistance under this part shall prepare and 

3 disseminate widely to the public an annual 

4 State report card for the State as a whole that 

5 meets the requirements of this paragraph. 

6 ‘‘(B) IMPLEMENTATION.— 

7 ‘‘(i) IN GENERAL.—The State report 

8 card required under this paragraph shall 

9 be— 

10 ‘‘(I) concise; 

11 ‘‘(II) presented in an understand12 able and uniform format and, to the 

13 extent practicable, in a language that 

14 parents can understand; and 

15 ‘‘(III) widely accessible to the 

16 public, which shall include making the 

17 State report card, along with all local 

18 educational agency and school report 

19 cards required under paragraph (2), 

20 and the annual report to the Sec21 retary under paragraph (5), available 

22 on a single webpage of the State edu23 cational agency’s website. 

24 ‘‘(ii) ENSURING PRIVACY.—No State 

25 report card required under this paragraph 


asabaliauskas on DSK5VPTVN1PROD with BILLS
72 

•S 1177 PCS

1 shall include any personally identifiable in2 formation about any student. Each such 

3 report card shall be consistent with the 

4 privacy protections under section 444 of 

5 the General Education Provisions Act (20 

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

7 ‘Family Educational Rights and Privacy 

8 Act of 1974’). 

9 ‘‘(C) MINIMUM REQUIREMENTS.—Each 

10 State report card required under this subsection 

11 shall include the following information: 

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

13 the State’s accountability system under 

14 subsection (b)(3), including the goals for 

15 all students and for each of the categories 

16 of students, as defined in subsection 

17 (b)(3)(A), the indicators used in the ac18 countability system to evaluate school per19 formance described in subsection 

20 (b)(3)(B), and the weights of the indica21 tors used in the accountability system to 

22 evaluate school performance. 

23 ‘‘(ii) For all students and 

24 disaggregated by each category of students 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
73 

•S 1177 PCS

1 homeless status, and status as a child in 

2 foster care, except that such 

3 disaggregation shall not be required in a 

4 case in which the number of students in a 

5 category is insufficient to yield statistically 

6 reliable information or the results would 

7 reveal personally identifiable information 

8 about an individual student, information 

9 on student achievement on the academic 

10 assessments described in subsection (b)(2) 

11 at each level of achievement, as determined 

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

13 ‘‘(iii) For all students and 

14 disaggregated by each category of students 

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

16 percentage of students assessed and not 

17 assessed. 

18 ‘‘(iv) For all students and 

19 disaggregated by each of the categories of 

20 students, as defined in subsection 

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

22 shall not be required in a case in which the 

23 number of students in a category is insuffi24 cient to yield statistically reliable informa25 tion or the results would reveal personally 


asabaliauskas on DSK5VPTVN1PROD with BILLS
74 

•S 1177 PCS

1 identifiable information about an individual 

2 student— 

3 ‘‘(I) information on the perform4 ance on the other academic indicator 

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

6 used by the State in the State ac7 countability system; and 

8 ‘‘(II) high school graduation 

9 rates, including 4-year adjusted cohort 

10 graduation rates and, at the State’s 

11 discretion, extended-year adjusted co12 hort graduation rates. 

13 ‘‘(v) Information on indicators or 

14 measures of school quality, climate and 

15 safety, and discipline, including the rates 

16 of in-school suspensions, out-of-school sus17 pensions, expulsions, school-based arrests, 

18 referrals to law enforcement, chronic ab19 senteeism, and incidences of violence, in20 cluding bullying and harassment, that the 

21 State educational agency and each local 

22 educational agency in the State reported to 

23 the Civil Rights Data Collection biennial 

24 survey required by the Office for Civil 

25 Rights of the Department that is the most 


asabaliauskas on DSK5VPTVN1PROD with BILLS
75 

•S 1177 PCS

1 recent to the date of the determination in 

2 the same manner that such information is 

3 presented on such survey. 

4 ‘‘(vi) The minimum number of stu5 dents that the State determines are nec6 essary to be included in each of the cat7 egories of students, as defined in sub8 section (b)(3)(A), for use in the account9 ability system under subsection (b)(3). 

10 ‘‘(vii) The professional qualifications 

11 of teachers, principals, and other school 

12 leaders in the State, including information 

13 (that shall be presented in the aggregate 

14 and disaggregated by high-poverty com15 pared to low-poverty schools which, for the 

16 purpose of this clause, means schools in 

17 each quartile based on school poverty level, 

18 and high–minority and low–minority 

19 schools in the State) on the number, per20 centage, and distribution of— 

21 ‘‘(I) inexperienced teachers, prin22 cipals, and other school leaders; 

23 ‘‘(II) teachers teaching with 

24 emergency or provisional credentials; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
76 

•S 1177 PCS

1 ‘‘(III) teachers who are not 

2 teaching in the subject or field for 

3 which the teacher is certified or li4 censed; 

5 ‘‘(IV) teachers, principals, and 

6 other school leaders who are ineffec7 tive, as determined by the State, using 

8 the methods or criteria under sub9 section (c)(1)(G); and 

10 ‘‘(V) the annual retention rates 

11 of effective and ineffective teachers, 

12 principals, and other school leaders, 

13 as determined by the State, using the 

14 methods or criteria under subsection 

15 (c)(1)(G). 

16 ‘‘(viii) Information on the perform17 ance of local educational agencies and 

18 schools in the State, including the number 

19 and names of each school identified for 

20 intervention and support under section 

21 1114. 

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

23 teacher, principal, and other school leader 

24 evaluation system consistent with title II, 

25 the evaluation results of teachers, prinVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
77 

•S 1177 PCS

1 cipals, and other school leaders, except 

2 that such information shall not provide 

3 personally identifiable information on indi4 vidual teachers, principals, or other school 

5 leaders. 

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

7 Federal, State, and local funds, including 

8 actual personnel expenditures and actual 

9 nonpersonnel expenditures of Federal, 

10 State, and local funds, disaggregated by 

11 source of funds, for each local educational 

12 agency and each school in the State for the 

13 preceding fiscal year. 

14 ‘‘(xi) The number and percentages of 

15 students with the most significant cog16 nitive disabilities that take an alternate as17 sessment under subsection (b)(2)(D), by 

18 grade and subject. 

19 ‘‘(xii) Information on the acquisition 

20 of English language proficiency by stu21 dents who are English learners. 

22 ‘‘(xiii) Information that the State edu23 cational agency and each local educational 

24 agency in the State reported to the Civil 

25 Rights Data Collection biennial survey reVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
78 

•S 1177 PCS

1 quired by the Office for Civil Rights of the 

2 Department that is the most recent to the 

3 date of the determination in the same 

4 manner that such information is presented 

5 on such survey that includes— 

6 ‘‘(I) the number and percentage 

7 of— 

8 ‘‘(aa) students enrolled in 

9 gifted and talented programs; 

10 ‘‘(bb) students enrolled in 

11 rigorous coursework to earn post12 secondary credit while still in 

13 high school, such as Advanced 

14 Placement and International 

15 Baccalaureate courses and exami16 nations, and dual enrollment and 

17 early college high schools; and 

18 ‘‘(cc) children enrolled in 

19 preschool programs; 

20 ‘‘(II) the average class size, by 

21 grade; and 

22 ‘‘(III) any other indicators deter23 mined by the State. 

24 ‘‘(xiv) The number and percentage of 

25 students attaining career and technical 


asabaliauskas on DSK5VPTVN1PROD with BILLS
79 

•S 1177 PCS

1 proficiencies, as defined by section 113(b) 

2 of the Carl D. Perkins Career and Tech3 nical Education Act of 2006 and reported 

4 by States only in a manner consistent with 

5 section 113(c) of that Act. 

6 ‘‘(xv) Results on the National Assess7 ment of Educational Progress in reading 

8 and mathematics in grades 4 and 8 for the 

9 State, compared to the national average. 

10 ‘‘(xvi) Information on the percentage 

11 of students, including for each of the cat12 egories of students, as defined in sub13 section (b)(3)(A), who did not meet the an14 nual State goals established under sub15 section (b)(3)(B). 

16 ‘‘(xvii) Information regarding the 

17 number of military-connected students 

18 (which, for purposes of this clause, shall 

19 mean students with parents who serve in 

20 the uniformed services, including the Na21 tional Guard and Reserves), and informa22 tion regarding the academic achievement of 

23 such students, except that such informa24 tion shall not be used for school or local 


asabaliauskas on DSK5VPTVN1PROD with BILLS
80 

•S 1177 PCS

1 educational agency accountability purposes 

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

3 ‘‘(xviii) Any additional information 

4 that the State believes will best provide 

5 parents, students, and other members of 

6 the public with information regarding the 

7 progress of each of the State’s public ele8 mentary schools and secondary schools. 

9 ‘‘(D) RULE OF CONSTRUCTION.— 

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

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

12 construed as requiring a State to report 

13 any data that are not otherwise required or 

14 voluntarily submitted to the Civil Rights 

15 Data Collection biennial survey required by 

16 the Office for Civil Rights of the Depart17 ment. 

18 ‘‘(ii) CONTINUATION OF SUBMISSION

19 TO DEPARTMENT OF INFORMATION.—If, at 

20 any time after the date of enactment of the 

21 Every Child Achieves Act of 2015, the 

22 Civil Rights Data Collection biennial sur23 vey is no longer conducted by the Office 

24 for Civil Rights of the Department, a State 

25 educational agency shall still include the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
81 

•S 1177 PCS

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

2 subparagraph (C) in the State report card 

3 under this paragraph in the same manner 

4 that such information is presented on such 

5 survey. 

6 ‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY

7 REPORT CARDS.— 

8 ‘‘(A) IN GENERAL.— 

9 ‘‘(i) PREPARATION AND DISSEMINA10 TION.—A local educational agency that re11 ceives assistance under this part shall pre12 pare and disseminate an annual local edu13 cational agency report card that includes— 

14 ‘‘(I) information on such agency 

15 as a whole; and 

16 ‘‘(II) for each school served by 

17 the agency, a school report card that 

18 meets the requirements of this para19 graph. 

20 ‘‘(ii) NO PERSONALLY IDENTIFIABLE

21 INFORMATION.—No local educational agen22 cy report card required under this para23 graph shall include any personally identifi24 able information about any student. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
82 

•S 1177 PCS

1 ‘‘(iii) CONSISTENT WITH FERPA.— 

2 Each local educational agency report card 

3 shall be consistent with the privacy protec4 tions under section 444 of the General 

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

6 1232g, commonly known as the ‘Family 

7 Educational Rights and Privacy Act of 

8 1974’). 

9 ‘‘(B) IMPLEMENTATION.—Each local edu10 cational agency report card shall be— 

11 ‘‘(i) concise; 

12 ‘‘(ii) presented in an understandable 

13 and uniform format, and to the extent 

14 practicable in a language that parents can 

15 understand; and 

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

17 shall include— 

18 ‘‘(I) placing such report card on 

19 the website of the local educational 

20 agency and on the website of each 

21 school served by the agency; and 

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

23 educational agency or school does not 

24 operate a website, providing the infor25 mation to the public in another manVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
83 

•S 1177 PCS

1 ner determined by the local edu2 cational agency. 

3 ‘‘(C) MINIMUM REQUIREMENTS.—Each 

4 local educational agency report card required 

5 under this paragraph shall include— 

6 ‘‘(i) the information described in para7 graph (1)(C), disaggregated in the same 

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

9 for clause (xv) of such paragraph, as ap10 plied to the local educational agency, and 

11 each school served by the local educational 

12 agency, including— 

13 ‘‘(I) in the case of a local edu14 cational agency, information that 

15 shows how students served by the 

16 local educational agency achieved on 

17 the academic assessments described in 

18 subsection (b)(2) compared to stu19 dents in the State as a whole; and 

20 ‘‘(II) in the case of a school, in21 formation that shows how the school’s 

22 students’ achievement on the aca23 demic assessments described in sub24 section (b)(2) compared to students 


asabaliauskas on DSK5VPTVN1PROD with BILLS
84 

•S 1177 PCS

1 served by the local educational agency 

2 and the State as a whole; 

3 ‘‘(ii) any information required by the 

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

5 ‘‘(iii) any other information that the 

6 local educational agency determines is ap7 propriate and will best provide parents, 

8 students, and other members of the public 

9 with information regarding the progress of 

10 each public school served by the local edu11 cational agency, whether or not such infor12 mation is included in the annual State re13 port card. 

14 ‘‘(D) PUBLIC DISSEMINATION.— 

15 ‘‘(i) IN GENERAL.—Except as pro16 vided in clause (ii), a local educational 

17 agency shall— 

18 ‘‘(I) publicly disseminate the in19 formation described in this paragraph 

20 to all schools in the school district 

21 served by the local educational agency 

22 and to all parents of students attend23 ing such schools; and 

24 ‘‘(II) make the information wide25 ly available through public means, inVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
85 

•S 1177 PCS

1 cluding through electronic means, in2 cluding posting in an easily accessible 

3 manner on the local educational agen4 cy’s website, except in the case in 

5 which an agency does not operate a 

6 website, such agency shall determine 

7 how to make the information avail8 able, such as through distribution to 

9 the media, and distribution through 

10 public agencies. 

11 ‘‘(ii) EXCEPTION.—If a local edu12 cational agency issues a report card for all 

13 students, the local educational agency may 

14 include the information described in this 

15 paragraph as part of such report. 

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

17 educational agency or local educational agency that 

18 was providing public report cards on the perform19 ance of students, schools, local educational agencies, 

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

21 Every Child Achieves Act of 2015, may use such re22 port cards for the purpose of disseminating informa23 tion under this subsection if the report card is modi24 fied, as may be needed, to contain the information 

25 required by this subsection. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
86 

•S 1177 PCS

1 ‘‘(4) COST REDUCTION.—Each State edu2 cational agency and local educational agency receiv3 ing assistance under this part shall, wherever pos4 sible, take steps to reduce data collection costs and 

5 duplication of effort by obtaining the information re6 quired under this subsection through existing data 

7 collection efforts. 

8 ‘‘(5) ANNUAL STATE REPORT TO THE SEC9 RETARY.—Each State educational agency receiving 

10 assistance under this part shall report annually to 

11 the Secretary, and make widely available within the 

12 State— 

13 ‘‘(A) information on student achievement 

14 on the academic assessments described in sub15 section (b)(2) for all students and 

16 disaggregated by each of the categories of stu17 dents, as defined in subsection (b)(3)(A), in18 cluding— 

19 ‘‘(i) the percentage of students who 

20 achieved at each level of achievement the 

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

22 ‘‘(ii) the percentage of students who 

23 did not meet the annual State goals set in 

24 subsection (b)(3)(B); and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
87 

•S 1177 PCS

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

2 students making at least one year of aca3 demic growth over the school year, as de4 termined by the State; 

5 ‘‘(B) the percentage of students assessed 

6 and not assessed on the academic assessments 

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

8 and disaggregated by each category of students 

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

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

11 each of the categories of students, as defined in 

12 subsection (b)(3)(A)— 

13 ‘‘(i) information on the performance 

14 on the other academic indicator under sub15 section (b)(3)(B)(ii)(II)(aa) used by the 

16 State in the State accountability system; 

17 ‘‘(ii) high school graduation rates, in18 cluding 4-year adjusted cohort graduation 

19 rates and, at the State’s discretion, ex20 tended-year adjusted cohort graduation 

21 rates; and 

22 ‘‘(iii) information on each State-deter23 mined indicator of school quality, success, 

24 or student support under subsection 


asabaliauskas on DSK5VPTVN1PROD with BILLS
88 

•S 1177 PCS

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

2 the State accountability system; 

3 ‘‘(D) information on the acquisition of 

4 English language proficiency by students who 

5 are English learners; 

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

7 State, and local funds, including actual staff 

8 personnel expenditures and actual nonpersonnel 

9 expenditures, disaggregated by source of funds 

10 for each school served by the agency for the 

11 preceding fiscal year; 

12 ‘‘(F) the number and percentage of stu13 dents with the most significant cognitive dis14 abilities that take an alternate assessment 

15 under subsection (b)(2)(D), by grade and sub16 ject; 

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

18 identified as in need of intervention and sup19 port under section 1114, and the school inter20 vention and support strategies developed and 

21 implemented by the local educational agency 

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

23 students in each school; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
89 

•S 1177 PCS

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

2 that participated in public school choice under 

3 section 1114(b)(4); 

4 ‘‘(I) information on the quality and effec5 tiveness of teachers for each quartile of schools 

6 based on the school’s poverty level and high–mi7 nority and low–minority schools in the local 

8 educational agencies in the State, including the 

9 number, percentage, and distribution of— 

10 ‘‘(i) inexperienced teachers; 

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

12 the subject or field for which the teacher 

13 is certified or licensed; and 

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

15 as determined by the State if the State has 

16 a statewide teacher, principal, or other 

17 school leader evaluation system; and 

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

19 principal, or other school leader evaluation sys20 tem, information on the results of such teacher, 

21 principal, or other school leader evaluation sys22 tems that does not reveal personally identifiable 

23 information. 

24 ‘‘(6) PRESENTATION OF DATA.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
90 

•S 1177 PCS

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

2 agency or local educational agency shall only in3 clude in its annual report card described under 

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

5 to yield statistically reliable information, and 

6 that do not reveal personally identifiable infor7 mation about an individual student, teacher, 

8 principal, or other school leader. 

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

10 this subsection, student education records shall 

11 not be released without written consent con12 sistent with section 444 of the General Edu13 cation Provisions Act (20 U.S.C. 1232g, com14 monly known as the ‘Family Educational 

15 Rights and Privacy Act of 1974’). 

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

17 shall transmit annually to the Committee on Health, 

18 Education, Labor, and Pensions of the Senate and 

19 the Committee on Education and the Workforce of 

20 the House of Representatives a report that provides 

21 national and State level data on the information col22 lected under paragraph (5). Such report shall be 

23 submitted through electronic means only. 

24 ‘‘(8) SECRETARY’S REPORT CARD.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
91 

•S 1177 PCS

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

2 2017, and annually thereafter, the Secretary, 

3 acting through the Director of the Institute of 

4 Education Sciences, shall transmit to the Com5 mittee on Health, Education, Labor, and Pen6 sions of the Senate and the Committee on Edu7 cation and the Workforce of the House of Rep8 resentatives a national report card on the status 

9 of elementary and secondary education in the 

10 United States. Such report shall— 

11 ‘‘(i) analyze existing data from State 

12 reports required under this Act, the Indi13 viduals with Disabilities Education Act, 

14 and the Carl D. Perkins Career and Tech15 nical Education Act of 2006, and summa16 rize major findings from such reports; 

17 ‘‘(ii) analyze data from the National 

18 Assessment of Educational Progress and 

19 comparable international assessments; 

20 ‘‘(iii) identify trends in student 

21 achievement and high school graduation 

22 rates (including 4-year adjusted cohort 

23 graduation rates and extended-year ad24 justed cohort graduation rates), by ana25 lyzing and reporting on the status and perVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
92 

•S 1177 PCS

1 formance of students, disaggregated by 

2 achievement level and by each of the cat3 egories of students, as defined in sub4 section (b)(3)(A); 

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

6 and local expenditures on education, in7 cluding per-pupil spending, teacher sala8 ries, school level spending, and other finan9 cial data publicly available, and report on 

10 current trends and major findings; and 

11 ‘‘(v) analyze information on the teach12 ing, principal, and other school leader pro13 fessions, including education and training, 

14 retention and mobility, and effectiveness in 

15 improving student achievement. 

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

17 used to prepare the report described in sub18 paragraph (A) shall be derived from existing 

19 State and local reporting requirements and data 

20 sources. Nothing in this paragraph shall be con21 strued as authorizing, requiring, or allowing 

22 any additional reporting requirements, data ele23 ments, or information to be reported to the Sec24 retary not otherwise explicitly authorized by any 

25 other Federal law. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
93 

•S 1177 PCS

1 ‘‘(C) PUBLIC RECOGNITION.—The Sec2 retary may identify and publicly recognize 

3 States, local educational agencies, schools, pro4 grams, and individuals for exemplary perform5 ance. 

6 ‘‘(e) VOLUNTARY PARTNERSHIPS.— 

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

8 shall be construed to prohibit a State from entering 

9 into a voluntary partnership with another State to 

10 develop and implement the academic assessments, 

11 challenging State academic standards, and account12 ability systems required under this section. 

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

14 prohibited from requiring or coercing a State to 

15 enter into a voluntary partnership described in para16 graph (1), including— 

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

18 plan under this section; 

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

20 funds under any grant, contract, or cooperative 

21 agreement; 

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

23 under section 9401; or 

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

25 or special consideration during the application 


asabaliauskas on DSK5VPTVN1PROD with BILLS
94 

•S 1177 PCS

1 process under any grant, contract, or coopera2 tive agreement. 

3 ‘‘(f) SPECIAL RULE WITH RESPECT TO BUREAU4 FUNDED SCHOOLS.—In determining the assessments to be 

5 used by each school operated or funded by the Bureau 

6 of Indian Education of the Department of the Interior 

7 that receives funds under this part, the following shall 

8 apply: 

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

10 State in which it is operating shall use the assess11 ments the State has developed and implemented to 

12 meet the requirements of this section, or such other 

13 appropriate assessment as approved by the Secretary 

14 of the Interior. 

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

16 regional accrediting organization shall adopt an ap17 propriate assessment in consultation with, and with 

18 the approval of, the Secretary of the Interior and 

19 consistent with assessments adopted by other schools 

20 in the same State or region, that meets the require21 ments of this section. 

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

23 tribal accrediting agency or tribal division of edu24 cation shall use an assessment developed by such 

25 agency or division, except that the Secretary of the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
95 

•S 1177 PCS

1 Interior shall ensure that such assessment meets the 

2 requirements of this section. 

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

4 ‘‘(a) PLANS REQUIRED.— 

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

6 may receive a subgrant under this part for any fiscal 

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

8 educational agency a plan, approved by the State 

9 educational agency, that— 

10 ‘‘(A) is developed with timely and mean11 ingful consultation with teachers, principals, 

12 other school leaders, specialized instructional 

13 support personnel, paraprofessionals (including 

14 organizations representing such individuals), 

15 administrators (including administrators of pro16 grams described in other parts of this title), 

17 and other appropriate school personnel, and 

18 with parents of children in schools served under 

19 this part; 

20 ‘‘(B) satisfies the requirements of this sec21 tion; and 

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

23 other programs under this Act, the Individuals 

24 with Disabilities Education Act, the Rehabilita25 tion Act of 1973, the Carl D. Perkins Career 


asabaliauskas on DSK5VPTVN1PROD with BILLS
96 

•S 1177 PCS

1 and Technical Education Act of 2006, the 

2 Workforce Innovation and Opportunity Act, the 

3 Head Start Act, the Child Care and Develop4 ment Block Grant Act of 1990, the Education 

5 Sciences Reform Act of 2002, the Education 

6 Technical Assistance Act, the NAEP Authoriza7 tion Act, the McKinney-Vento Homeless Assist8 ance Act, and the Adult Education and Family 

9 Literacy Act. 

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

11 may be submitted as part of a consolidated applica12 tion under section 9305. 

13 ‘‘(3) STATE REVIEW AND APPROVAL.— 

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

15 agency plan shall be filed according to a sched16 ule established by the State educational agency. 

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

18 agency shall approve a local educational agen19 cy’s plan only if the State educational agency 

20 determines that the local educational agency’s 

21 plan meets the requirements of this part and 

22 enables children served under this part to meet 

23 the challenging State academic standards de24 scribed in section 1111(b)(1). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
97 

•S 1177 PCS

1 ‘‘(4) DURATION.—Each local educational agen2 cy plan shall be submitted for the first year for 

3 which this part is in effect following the date of en4 actment of the Every Child Achieves Act of 2015 

5 and shall remain in effect for the duration of the 

6 agency’s participation under this part. 

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

8 shall periodically review and, as necessary, revise its 

9 plan to reflect changes in the local educational agen10 cy’s strategies and programs under this part. 

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

12 that desires to continue participating in a program 

13 under this part shall submit a renewed plan on a 

14 periodic basis, as determined by the State. 

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

16 receive a high-quality education that prepares them for 

17 postsecondary education or the workforce without the need 

18 for postsecondary remediation, and to close the achieve19 ment gap between children meeting the challenging State 

20 academic standards and those who are not, each local edu21 cational agency plan shall describe— 

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

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

24 students meet the challenging State academic stand25 ards by— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
98 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
99 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
100 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
101 

•S 1177 PCS

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 supVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
102 

•S 1177 PCS

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; 

21 ‘‘(15) how the local educational agency will ad22 dress school discipline issues, which may include 

23 identifying and supporting schools with significant 

24 discipline disparities, or high rates of discipline, 

25 disaggregated by each of the categories of students, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
103 

•S 1177 PCS

1 as defined in section 1111(b)(3)(A), including by 

2 providing technical assistance on effective strategies 

3 to reduce such disparities and high rates; 

4 ‘‘(16) how the local educational agency will ad5 dress school climate issues, which may include iden6 tifying and improving performance on school climate 

7 indicators related to student achievement and pro8 viding technical assistance to schools; and 

9 ‘‘(17) any other information on how the local 

10 educational agency proposes to use funds to meet 

11 the purposes of this part, and that the local edu12 cational agency determines appropriate to provide, 

13 which may include how the local educational agency 

14 will— 

15 ‘‘(A) assist schools in identifying and serv16 ing gifted and talented students; and 

17 ‘‘(B) encourage the offering of a variety of 

18 well-rounded education experiences to students. 

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

20 plan shall provide assurances that the local educational 

21 agency will— 

22 ‘‘(1) ensure that migratory children and for23 merly migratory children who are eligible to receive 

24 services under this part are selected to receive such 


asabaliauskas on DSK5VPTVN1PROD with BILLS
104 

•S 1177 PCS

1 services on the same basis as other children who are 

2 selected to receive services under this part; 

3 ‘‘(2) provide services to eligible children attend4 ing private elementary schools and secondary schools 

5 in accordance with section 1116, and timely and 

6 meaningful consultation with private school officials 

7 regarding such services; 

8 ‘‘(3) participate, if selected, in the National As9 sessment of Educational Progress in reading and 

10 mathematics in grades 4 and 8 carried out under 

11 section 303(b)(3) of the National Assessment of 

12 Educational Progress Authorization Act; and 

13 ‘‘(4) coordinate and integrate services provided 

14 under this part with other educational services at 

15 the local educational agency or individual school 

16 level, such as services for English learners, children 

17 with disabilities, migratory children, American In18 dian, Alaska Native, and Native Hawaiian children, 

19 and homeless children, in order to increase program 

20 effectiveness, eliminate duplication, and reduce frag21 mentation of the instructional program. 

22 ‘‘(d) PARENTS RIGHT-TO-KNOW.— 

23 ‘‘(1) TEACHER QUALIFICATIONS.— 

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

25 each school year, a local educational agency 


asabaliauskas on DSK5VPTVN1PROD with BILLS
105 

•S 1177 PCS

1 that receives funds under this part shall notify 

2 the parents of each student attending any 

3 school receiving funds under this part that the 

4 parents may request, and the agency will pro5 vide the parents on request (and in a timely 

6 manner), information regarding the professional 

7 qualifications of the student’s classroom teach8 ers, including at a minimum, 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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
106 

•S 1177 PCS

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) LANGUAGE INSTRUCTION.— 

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

18 agency using funds under this part or title III 

19 to provide a language instruction educational 

20 program as determined under title III shall, not 

21 later than 30 days after the beginning of the 

22 school year, inform a parent or parents of a 

23 child who is an English learner identified for 

24 participation or participating in such a pro25 gram, of— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
107 

•S 1177 PCS

1 ‘‘(i) the reasons for the identification 

2 of their child as an English learner and in 

3 need of placement in a language instruc4 tion educational program; 

5 ‘‘(ii) the child’s level of English pro6 ficiency, how such level was assessed, and 

7 the status of the child’s academic achieve8 ment; 

9 ‘‘(iii) the methods of instruction used 

10 in the program in which their child is, or 

11 will be participating, and the methods of 

12 instruction used in other available pro13 grams, including how such programs differ 

14 in content, instructional goals, and the use 

15 of English and a native language in in16 struction; 

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

18 child is, or will be participating, will meet 

19 the educational strengths and needs of 

20 their child; 

21 ‘‘(v) how such program will specifi22 cally help their child learn English and 

23 meet age-appropriate academic achieve24 ment standards for grade promotion and 

25 graduation; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
108 

•S 1177 PCS

1 ‘‘(vi) the specific exit requirements for 

2 the program, including the expected rate of 

3 transition from such program into class4 rooms that are not tailored for children 

5 who are English learners, and the expected 

6 rate of graduation from high school (in7 cluding 4-year adjusted cohort graduation 

8 rates and extended-year adjusted cohort 

9 graduation rates for such program) if 

10 funds under this part are used for children 

11 in high schools; 

12 ‘‘(vii) in the case of a child with a dis13 ability, how such program meets the objec14 tives of the individualized education pro15 gram of the child, as described in section 

16 614(d) of the Individuals with Disabilities 

17 Education Act; and 

18 ‘‘(viii) information pertaining to pa19 rental rights that includes written guid20 ance— 

21 ‘‘(I) detailing the right that par22 ents have to have their child imme23 diately removed from such program 

24 upon their request; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
109 

•S 1177 PCS

1 ‘‘(II) detailing the options that 

2 parents have to decline to enroll their 

3 child in such program or to choose an4 other program or method of instruc5 tion, if available; and 

6 ‘‘(III) assisting parents in select7 ing among various programs and 

8 methods of instruction, if more than 1 

9 program or method is offered by the 

10 eligible entity. 

11 ‘‘(B) SPECIAL RULE APPLICABLE DURING

12 THE SCHOOL YEAR.—For those children who 

13 have not been identified as English learners 

14 prior to the beginning of the school year but are 

15 identified as English learners during such 

16 school year, the local educational agency shall 

17 notify the children’s parents during the first 2 

18 weeks of the child being placed in a language 

19 instruction educational program consistent with 

20 subparagraph (A). 

21 ‘‘(C) PARENTAL PARTICIPATION.—Each 

22 local educational agency receiving funds under 

23 this part and title III shall implement an effec24 tive means of outreach to parents of children 

25 who are English learners to inform the parents 


asabaliauskas on DSK5VPTVN1PROD with BILLS
110 

•S 1177 PCS

1 how the parents can be involved in the edu2 cation of their children, and be active partici3 pants in assisting their children to attain 

4 English proficiency, achieve at high levels in 

5 core academic subjects, and meet the chal6 lenging State academic standards expected of 

7 all students, including holding, and sending no8 tice of opportunities for, regular meetings for 

9 the purpose of formulating and responding to 

10 recommendations from parents of students as11 sisted under this part and title III. 

12 ‘‘(D) BASIS FOR ADMISSION OR EXCLU13 SION.—A student shall not be admitted to, or 

14 excluded from, any federally assisted education 

15 program on the basis of a surname or language16 minority status. 

17 ‘‘(3) NOTICE AND FORMAT.—The notice and in18 formation provided to parents under this subsection 

19 shall be in an understandable and uniform format 

20 and, to the extent practicable, provided in a lan21 guage that the parents can understand. 

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

23 SCHOOLWIDE PROGRAMS; TARGETED ASSIST24 ANCE PROGRAMS. 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
111 

•S 1177 PCS

1 ‘‘(1) DETERMINATION.— 

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

3 agency shall use funds received under this part 

4 only in eligible school attendance areas. 

5 ‘‘(B) ELIGIBLE SCHOOL ATTENDANCE

6 AREAS.—In this part— 

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

8 means, in relation to a particular school, 

9 the geographical area in which the children 

10 who are normally served by that school re11 side; and 

12 ‘‘(ii) the term ‘eligible school attend13 ance area’ means a school attendance area 

14 in which the percentage of children from 

15 low-income families is at least as high as 

16 the percentage of children from low-income 

17 families served by the local educational 

18 agency as a whole. 

19 ‘‘(C) RANKING ORDER.— 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in clause (ii), if funds allocated in ac22 cordance with paragraph (3) are insuffi23 cient to serve all eligible school attendance 

24 areas, a local educational agency shall— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
112 

•S 1177 PCS

1 ‘‘(I) annually rank, without re2 gard to grade spans, such agency’s el3 igible school attendance areas in 

4 which the concentration of children 

5 from low-income families exceeds 75 

6 percent, or exceeds 50 percent in the 

7 case of the high schools served by 

8 such agency, from highest to lowest 

9 according to the percentage of chil10 dren from low-income families; and 

11 ‘‘(II) serve such eligible school 

12 attendance areas in rank order. 

13 ‘‘(ii) RULE OF CONSTRUCTION.— 

14 Nothing in this subparagraph shall be con15 strued as requiring a local educational 

16 agency to reduce, in order to comply with 

17 clause (i), the amount of funding provided 

18 under this part to elementary schools and 

19 middle schools from the amount of funding 

20 provided under this part to such schools 

21 for the fiscal year preceding the date of en22 actment of the Every Child Achieves Act of 

23 2015 in order to provide funding under 

24 this part to high schools pursuant to clause 

25 (i). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
113 

•S 1177 PCS

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

2 after serving all eligible school attendance areas 

3 under subparagraph (C), a local educational 

4 agency shall— 

5 ‘‘(i) annually rank such agency’s re6 maining eligible school attendance areas 

7 from highest to lowest either by grade 

8 span or for the entire local educational 

9 agency according to the percentage of chil10 dren from low-income families; and 

11 ‘‘(ii) serve such eligible school attend12 ance areas in rank order either within each 

13 grade-span grouping or within the local 

14 educational agency as a whole. 

15 ‘‘(E) MEASURES.— 

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

18 agency shall use the same measure of pov19 erty, which measure shall be the number of 

20 children aged 5 through 17 in poverty 

21 counted in the most recent census data ap22 proved by the Secretary, the number of 

23 children eligible for a free or reduced price 

24 lunch under the Richard B. Russell Na25 tional School Lunch Act, the number of 


asabaliauskas on DSK5VPTVN1PROD with BILLS
114 

•S 1177 PCS

1 children in families receiving assistance 

2 under the State program funded under 

3 part A of title IV of the Social Security 

4 Act, or the number of children eligible to 

5 receive medical assistance under the Med6 icaid program established under title XIX 

7 of the Social Security Act, or a composite 

8 of such indicators, with respect to all 

9 school attendance areas in the local edu10 cational agency— 

11 ‘‘(I) to identify eligible school at12 tendance areas; 

13 ‘‘(II) to determine the ranking of 

14 each area; and 

15 ‘‘(III) to determine allocations 

16 under paragraph (3). 

17 ‘‘(ii) SECONDARY SCHOOLS.—For 

18 measuring the number of students in low19 income families in secondary schools, the 

20 local educational agency shall use the same 

21 measure of poverty, which shall be— 

22 ‘‘(I) the calculation described 

23 under clause (i); or 

24 ‘‘(II) an accurate estimate of the 

25 number of students in low-income 


asabaliauskas on DSK5VPTVN1PROD with BILLS
115 

•S 1177 PCS

1 families in a secondary school that is 

2 calculated by applying the average 

3 percentage of students in low-income 

4 families of the elementary school at5 tendance areas as calculated under 

6 clause (i) that feed into the secondary 

7 school to the number of students en8 rolled in such school. 

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

10 not apply to a local educational agency with a 

11 total enrollment of less than 1,000 children. 

12 ‘‘(G) WAIVER FOR DESEGREGATION

13 PLANS.—The Secretary may approve a local 

14 educational agency’s written request for a waiv15 er of the requirements of this paragraph and 

16 paragraph (3) and permit such agency to treat 

17 as eligible, and serve, any school that children 

18 attend with a State-ordered, court-ordered 

19 school desegregation plan or a plan that con20 tinues to be implemented in accordance with a 

21 State-ordered or court-ordered desegregation 

22 plan, if— 

23 ‘‘(i) the number of economically dis24 advantaged children enrolled in the school 


asabaliauskas on DSK5VPTVN1PROD with BILLS
116 

•S 1177 PCS

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

2 enrollment; and 

3 ‘‘(ii) the Secretary determines on the 

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

6 the Secretary establishes, that approval of 

7 that request would further the purposes of 

8 this part. 

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

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

13 ‘‘(i) designate as eligible any school 

14 attendance area or school in which at least 

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

17 ‘‘(ii) use funds received under this 

18 part in a school that is not in an eligible 

19 school attendance area, if the percentage 

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

22 than the percentage of such children in a 

23 participating school attendance area of 

24 such agency; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
117 

•S 1177 PCS

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

3 under this section, but that was eligible 

4 and that was served in the preceding fiscal 

5 year, but only for 1 additional fiscal year; 

6 and 

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

8 school attendance area or eligible school 

9 that has a higher percentage of children 

10 from low-income families if— 

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

13 1117(c); 

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

16 local sources that are spent according 

17 to the requirements of this section; 

18 and 

19 ‘‘(III) the funds expended from 

20 such other sources equal or exceed the 

21 amount that would be provided under 

22 this part. 

23 ‘‘(B) SPECIAL RULE.—Notwithstanding 

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

25 attending private elementary schools and secVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
118 

•S 1177 PCS

1 ondary schools who are to receive services, and 

2 the assistance such children are to receive 

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

5 area in which such children reside is assisted 

6 under subparagraph (A). 

7 ‘‘(3) ALLOCATIONS.— 

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

9 agency shall allocate funds received under this 

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

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

13 number of children from low-income families in 

14 each area or school. 

15 ‘‘(B) SPECIAL RULE.— 

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

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

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

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

23 under the poverty criteria described by the 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
119 

•S 1177 PCS

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

3 which the percentage of such children is 35 

4 percent or greater. 

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

7 funds allocated under clause (i) for a 

8 school attendance area or school by the 

9 amount of any supplemental State and 

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

12 the requirements of this section. 

13 ‘‘(4) RESERVATION OF FUNDS.— 

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

15 agency shall reserve such funds as are nec16 essary under this part to provide services com17 parable to those provided to children in schools 

18 funded under this part to serve— 

19 ‘‘(i) homeless children, including pro20 viding educationally related support serv21 ices to children in shelters and other loca22 tions where children may live; 

23 ‘‘(ii) children in local institutions for 

24 neglected children; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
120 

•S 1177 PCS

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

2 institutions for delinquent children, and 

3 neglected or delinquent children in commu4 nity day programs. 

5 ‘‘(B) HOMELESS CHILDREN AND YOUTH.— 

6 Funds reserved under subparagraph (A)(i) may 

7 be— 

8 ‘‘(i) determined based on a needs as9 sessment of homeless children and youths 

10 in the local educational agency, as con11 ducted under section 723(b)(1) of the 

12 McKinney-Vento Homeless Assistance Act; 

13 and 

14 ‘‘(ii) used to provide homeless children 

15 and youths with services not ordinarily 

16 provided to other students under this part, 

17 including providing— 

18 ‘‘(I) funding for the liaison des19 ignated pursuant to section 

20 722(g)(1)(J)(ii) of such Act; and 

21 ‘‘(II) transportation pursuant to 

22 section 722(g)(1)(J)(iii) of such Act. 

23 ‘‘(5) EARLY CHILDHOOD EDUCATION.—A local 

24 educational agency may reserve funds made availVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
121 

•S 1177 PCS

1 able to carry out this section to provide early child2 hood education programs for eligible children. 

3 ‘‘(b) SCHOOLWIDE PROGRAMS AND TARGETED AS4 SISTANCE SCHOOLS.— 

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

6 receive funds under this part, the local educational 

7 agency shall determine whether the school shall op8 erate a schoolwide program consistent with sub9 section (c) or a targeted assistance school program 

10 consistent with subsection (d). 

11 ‘‘(2) NEEDS ASSESSMENT.—The determination 

12 under paragraph (1) shall be— 

13 ‘‘(A) based on a comprehensive needs as14 sessment of the entire school that takes into ac15 count information on the academic achievement 

16 of children in relation to the challenging State 

17 academic standards under section 1111(b)(1), 

18 particularly the needs of those children failing 

19 or are at-risk of failing to meet the challenging 

20 State academic standards and any other factors 

21 as determined by the local educational agency; 

22 and 

23 ‘‘(B) conducted with the participation of 

24 individuals who would carry out the schoolwide 


asabaliauskas on DSK5VPTVN1PROD with BILLS
122 

•S 1177 PCS

1 plan, including those individuals under sub2 section (c)(2)(B). 

3 ‘‘(3) COORDINATION.—The needs assessment 

4 under paragraph (2) may be undertaken as part of 

5 other related needs assessments under this Act. 

6 ‘‘(c) SCHOOLWIDE PROGRAMS.— 

7 ‘‘(1) IN GENERAL.— 

8 ‘‘(A) ELIGIBILITY.—A local educational 

9 agency may consolidate and use funds under 

10 this part, together with other Federal, State, 

11 and local funds, in order to upgrade the entire 

12 educational program of a school that serves an 

13 eligible school attendance area in which not less 

14 than 40 percent of the children are from low15 income families, or not less than 40 percent of 

16 the children enrolled in the school are from 

17 such families. 

18 ‘‘(B) EXCEPTION.—A school that serves an 

19 eligible school attendance area in which less 

20 than 40 percent of the children are from low21 income families, or a school for which less than 

22 40 percent of the children enrolled in the school 

23 are from such families, may operate a 

24 schoolwide program under this section if— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
123 

•S 1177 PCS

1 ‘‘(i) the local educational agency in 

2 which the school is located allows such 

3 school to do so; and 

4 ‘‘(ii) the results of the comprehensive 

5 needs assessment conducted under sub6 section (b)(2) determine a schoolwide pro7 gram will best serve the needs of the stu8 dents in the school served under this part 

9 in improving academic achievement and 

10 other factors. 

11 ‘‘(2) SCHOOLWIDE PROGRAM PLAN.—An eligible 

12 school operating a schoolwide program shall develop 

13 a comprehensive plan, in consultation with the local 

14 educational agency, tribes and tribal organizations 

15 present in the community, and other individuals as 

16 determined by the school, that— 

17 ‘‘(A) is developed during a 1-year period, 

18 unless— 

19 ‘‘(i) the local educational agency de20 termines in consultation with the school 

21 that less time is needed to develop and im22 plement the schoolwide program; or 

23 ‘‘(ii) the school is operating a 

24 schoolwide program on the day before the 

25 date of enactment of the Every Child 


asabaliauskas on DSK5VPTVN1PROD with BILLS
124 

•S 1177 PCS

1 Achieves Act of 2015, in which case such 

2 school may continue to operate such pro3 gram, but shall develop amendments to its 

4 existing plan during the first year of as5 sistance after that date to reflect the provi6 sions of this section; 

7 ‘‘(B) is developed with the involvement of 

8 parents and other members of the community 

9 to be served and individuals who will carry out 

10 such plan, including teachers, principals, other 

11 school leaders, paraprofessionals present in the 

12 school, and administrators (including adminis13 trators of programs described in other parts of 

14 this title), and, if appropriate, specialized in15 structional support personnel, technical assist16 ance providers, school staff, and students; 

17 ‘‘(C) remains in effect for the duration of 

18 the school’s participation under this part, ex19 cept that the plan and the implementation of, 

20 and results achieved by, the schoolwide program 

21 shall be regularly monitored and revised as nec22 essary to ensure students are meeting the chal23 lenging State academic standards; 

24 ‘‘(D) is available to the local educational 

25 agency, parents, and the public, and the inforVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
125 

•S 1177 PCS

1 mation contained in such plan shall be in an 

2 understandable and uniform format and, to the 

3 extent practicable, provided in a language that 

4 the parents can understand; 

5 ‘‘(E) if appropriate and applicable, devel6 oped in coordination and integration with other 

7 Federal, State, and local services, resources, 

8 and programs, such as programs supported 

9 under this Act, violence prevention programs, 

10 nutrition programs, housing programs, Head 

11 Start programs, adult education programs, ca12 reer and technical education programs, and 

13 interventions and supports for schools identified 

14 as in need of intervention and support under 

15 section 1114; and 

16 ‘‘(F) includes a description of— 

17 ‘‘(i) the results of the comprehensive 

18 needs assessments of the entire school re19 quired under subsection (b)(2); 

20 ‘‘(ii) the strategies that the school will 

21 be implementing to address school needs, 

22 including a description of how such strate23 gies will— 

24 ‘‘(I) provide opportunities for all 

25 children, including each of the catVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
126 

•S 1177 PCS

1 egories of students, as defined in sec2 tion 1111(b)(3)(A), to meet the chal3 lenging State academic standards 

4 under section 1111(b)(1); 

5 ‘‘(II) use evidence-based methods 

6 and instructional strategies that 

7 strengthen the academic program in 

8 the school, increase the amount and 

9 quality of learning time, and help pro10 vide an enriched and accelerated cur11 riculum; 

12 ‘‘(III) address the needs of all 

13 children in the school, but particularly 

14 the needs of those at risk of not meet15 ing the challenging State academic 

16 standards, which may include— 

17 ‘‘(aa) counseling, specialized 

18 instructional support services, 

19 and mentoring services; 

20 ‘‘(bb) preparation for and 

21 awareness of opportunities for 

22 postsecondary education and the 

23 workforce, including career and 

24 technical education programs; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
127 

•S 1177 PCS

1 ‘‘(cc) implementation of a 

2 schoolwide multi-tiered system of 

3 supports, including positive be4 havioral interventions and sup5 ports and early intervening serv6 ices, including through coordina7 tion with such activities and serv8 ices carried out under the Indi9 viduals with Disabilities Edu10 cation Act; 

11 ‘‘(dd) implementation of 

12 supports for teachers and other 

13 school personnel, which may in14 clude professional development 

15 and other activities to improve 

16 instruction, activities to recruit 

17 and retain effective teachers, par18 ticularly in high-need schools, 

19 and using data from academic 

20 assessments under section 

21 1111(b)(2) and other formative 

22 and summative assessments to 

23 improve instruction; 

24 ‘‘(ee) programs, activities, 

25 and courses in the core academic 


asabaliauskas on DSK5VPTVN1PROD with BILLS
128 

•S 1177 PCS

1 subjects to assist children in 

2 meeting the challenging State 

3 academic standards; and 

4 ‘‘(ff) other strategies to im5 prove student’s academic and 

6 nonacademic skills essential for 

7 success; and 

8 ‘‘(IV) be monitored and improved 

9 over time based on student needs, in10 cluding increased supports for those 

11 students who are lowest-achieving; 

12 ‘‘(iii) if programs are consolidated, a 

13 list of State educational agency and local 

14 educational agency programs and other 

15 Federal programs that will be consolidated 

16 in the schoolwide program; and 

17 ‘‘(iv) if appropriate, how funds will be 

18 used to establish or enhance early child19 hood education programs for children who 

20 are aged 5 or younger, including how pro21 grams will help transition such children to 

22 local elementary school programs. 

23 ‘‘(3) IDENTIFICATION OF STUDENTS NOT RE24 QUIRED.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
129 

•S 1177 PCS

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

4 ‘‘(i) particular children under this 

5 part as eligible to participate in a 

6 schoolwide program; or 

7 ‘‘(ii) individual services as supple8 mentary. 

9 ‘‘(B) SUPPLEMENTAL FUNDS.—In accord10 ance with the method of determination de11 scribed in section 1117, a school participating 

12 in a schoolwide program shall use funds avail13 able to carry out this paragraph only to supple14 ment the amount of funds that would, in the 

15 absence of funds under this part, be made 

16 available from non-Federal sources for the 

17 school, including funds needed to provide serv18 ices that are required by law for children with 

19 disabilities and children who are English learn20 ers. 

21 ‘‘(4) EXEMPTION FROM STATUTORY AND REGU22 LATORY REQUIREMENTS.— 

23 ‘‘(A) EXEMPTION.—The Secretary may, 

24 through publication of a notice in the Federal 

25 Register, exempt schoolwide programs under 


asabaliauskas on DSK5VPTVN1PROD with BILLS
130 

•S 1177 PCS

1 this section from statutory or regulatory provi2 sions of any other noncompetitive formula grant 

3 program administered by the Secretary (other 

4 than formula or discretionary grant programs 

5 under the Individuals with Disabilities Edu6 cation Act, except as provided in section 

7 613(a)(2)(D) of such Act), or any discretionary 

8 grant program administered by the Secretary, 

9 to support schoolwide programs if the intent 

10 and purposes of such other programs are met. 

11 ‘‘(B) REQUIREMENTS.—A school that 

12 chooses to use funds from such other programs 

13 shall not be relieved of the requirements relat14 ing to health, safety, civil rights, student and 

15 parental participation and involvement, services 

16 to private school children, comparability of serv17 ices, maintenance of effort, uses of Federal 

18 funds to supplement, not supplant non-Federal 

19 funds (in accordance with the method of deter20 mination described in section 1117), or the dis21 tribution of funds to State educational agencies 

22 or local educational agencies that apply to the 

23 receipt of funds from such programs. 

24 ‘‘(C) RECORDS.—A school that chooses to 

25 consolidate and use funds from different FedVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
131 

•S 1177 PCS

1 eral programs under this paragraph shall not be 

2 required to maintain separate fiscal accounting 

3 records, by program, that identify the specific 

4 activities supported by those particular funds as 

5 long as the school maintains records that dem6 onstrate that the schoolwide program, consid7 ered as a whole, addresses the intent and pur8 poses of each of the Federal programs that 

9 were consolidated to support the schoolwide 

10 program. 

11 ‘‘(5) PRESCHOOL PROGRAMS.—A school that 

12 operates a schoolwide program under this subsection 

13 may use funds made available under this part to es14 tablish, expand, or enhance preschool programs for 

15 children aged 5 or younger. 

16 ‘‘(d) TARGETED ASSISTANCE SCHOOL PROGRAMS.— 

17 ‘‘(1) IN GENERAL.—Each school selected to re18 ceive funds under subsection (a)(3) for which the 

19 local educational agency serving such school, based 

20 on the results of the comprehensive needs assess21 ment conducted under subsection (b)(2), determines 

22 the school shall operate a targeted assistance school 

23 program, may use funds received under this part 

24 only for programs that provide services to eligible 


asabaliauskas on DSK5VPTVN1PROD with BILLS
132 

•S 1177 PCS

1 children under paragraph (3) who are identified as 

2 having the greatest need for special assistance. 

3 ‘‘(2) TARGETED ASSISTANCE SCHOOL PRO4 GRAM.—Each school operating a targeted assistance 

5 school program shall develop a plan, in consultation 

6 with the local educational agency and other individ7 uals as determined by the school, that includes— 

8 ‘‘(A) a description of the results of the 

9 comprehensive needs assessments of the entire 

10 school required under subsection (b)(2); 

11 ‘‘(B) a description of the process for deter12 mining which students will be served and the 

13 students to be served; 

14 ‘‘(C) a description of how the activities 

15 supported under this part will be coordinated 

16 with and incorporated into the regular edu17 cation program of the school; 

18 ‘‘(D) a description of how the program will 

19 serve participating students identified under 

20 subparagraph (B), including by— 

21 ‘‘(i) using resources under this part, 

22 such as support for programs, activities, 

23 and courses in core academic subjects to 

24 help participating children meet the chal25 lenging State academic standards; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
133 

•S 1177 PCS

1 ‘‘(ii) using methods and instructional 

2 strategies that are evidence-based to 

3 strengthen the core academic program of 

4 the school and that may include— 

5 ‘‘(I) expanded learning time, 

6 before- and after-school programs, 

7 and summer programs and opportuni8 ties; or 

9 ‘‘(II) a multi-tiered system of 

10 supports, positive behavioral interven11 tions and supports, and early inter12 vening services; 

13 ‘‘(iii) coordinating with and sup14 porting the regular education program, 

15 which may include services to assist pre16 school children in the transition from early 

17 childhood education programs such as 

18 Head Start, the literacy program under 

19 part D of title II, or State-run preschool 

20 programs to elementary school programs; 

21 ‘‘(iv) supporting effective teachers, 

22 principals, other school leaders, paraprofes23 sionals, and, if appropriate, specialized in24 structional support personnel, and other 

25 school personnel who work with particiVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
134 

•S 1177 PCS

1 pating children in programs under this 

2 subsection or in the regular education pro3 gram with resources provided under this 

4 part, and, to the extent practicable, from 

5 other sources, through professional devel6 opment; 

7 ‘‘(v) implementing strategies to in8 crease parental involvement of parents of 

9 participating children in accordance with 

10 section 1115; and 

11 ‘‘(vi) if applicable, coordinating and 

12 integrating Federal, State, and local serv13 ices and programs, such as programs sup14 ported under this Act, violence prevention 

15 programs, nutrition programs, housing 

16 programs, Head Start programs, adult 

17 education programs, career and technical 

18 education, and intervention and supports 

19 in schools identified as in need of interven20 tion and support under section 1114; and 

21 ‘‘(E) assurances that the school will— 

22 ‘‘(i) help provide an accelerated, high23 quality curriculum; 

24 ‘‘(ii) minimize removing children from 

25 the regular classroom during regular 


asabaliauskas on DSK5VPTVN1PROD with BILLS
135 

•S 1177 PCS

1 school hours for instruction provided under 

2 this part; and 

3 ‘‘(iii) on an ongoing basis, review the 

4 progress of participating children and re5 vise the plan under this section, if nec6 essary, to provide additional assistance to 

7 enable such children to meet the chal8 lenging State academic standards. 

9 ‘‘(3) ELIGIBLE CHILDREN.— 

10 ‘‘(A) ELIGIBLE POPULATION.— 

11 ‘‘(i) IN GENERAL.—The eligible popu12 lation for services under this subsection 

13 shall be— 

14 ‘‘(I) children not older than age 

15 21 who are entitled to a free public 

16 education through grade 12; and 

17 ‘‘(II) children who are not yet at 

18 a grade level at which the local edu19 cational agency provides a free public 

20 education. 

21 ‘‘(ii) ELIGIBLE CHILDREN FROM ELI22 GIBLE POPULATION.—From the population 

23 described in clause (i), eligible children are 

24 children identified by the school as failing, 

25 or most at risk of failing, to meet the chalVerDate Sep 11 2014 22:27 May 01, 2015 Jkt 049200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
136 

•S 1177 PCS

1 lenging State academic standards on the 

2 basis of multiple, educationally related, ob3 jective criteria established by the local edu4 cational agency and supplemented by the 

5 school, except that children from preschool 

6 through grade 2 shall be selected solely on 

7 the basis of criteria, including objective cri8 teria, established by the local educational 

9 agency and supplemented by the school. 

10 ‘‘(B) CHILDREN INCLUDED.— 

11 ‘‘(i) IN GENERAL.—Children who are 

12 economically disadvantaged, children with 

13 disabilities, migrant children, or children 

14 who are English learners, are eligible for 

15 services under this subsection on the same 

16 basis as other children selected to receive 

17 services under this subsection. 

18 ‘‘(ii) HEAD START AND PRESCHOOL

19 CHILDREN.—A child who, at any time in 

20 the 2 years preceding the year for which 

21 the determination is made, participated in 

22 a Head Start program, the literacy pro23 gram under part D of title II, or in pre24 school services under this title, is eligible 

25 for services under this subsection. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
137 

•S 1177 PCS

1 ‘‘(iii) MIGRANT CHILDREN.—A child 

2 who, at any time in the 2 years preceding 

3 the year for which the determination is 

4 made, received services under part C is eli5 gible for services under this subsection. 

6 ‘‘(iv) NEGLECTED OR DELINQUENT

7 CHILDREN.—A child in a local institution 

8 for neglected or delinquent children and 

9 youth or attending a community day pro10 gram for such children is eligible for serv11 ices under this subsection. 

12 ‘‘(v) HOMELESS CHILDREN.—A child 

13 who is homeless and attending any school 

14 served by the local educational agency is 

15 eligible for services under this subsection. 

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

17 under this subsection may not be used to pro18 vide services that are otherwise required by law 

19 to be made available to children described in 

20 subparagraph (B) but may be used to coordi21 nate or supplement such services. 

22 ‘‘(4) INTEGRATION OF PROFESSIONAL DEVEL23 OPMENT.—To promote the integration of staff sup24 ported with funds under this subsection into the reg25 ular school program and overall school planning and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
138 

•S 1177 PCS

1 improvement efforts, public school personnel who are 

2 paid with funds received under this subsection 

3 may— 

4 ‘‘(A) participate in general professional de5 velopment and school planning activities; and 

6 ‘‘(B) assume limited duties that are as7 signed to similar personnel who are not so paid, 

8 including duties beyond classroom instruction 

9 or that do not benefit participating children, so 

10 long as the amount of time spent on such du11 ties is the same proportion of total work time 

12 as prevails with respect to similar personnel at 

13 the same school. 

14 ‘‘(5) SPECIAL RULES.— 

15 ‘‘(A) SIMULTANEOUS SERVICE.—Nothing 

16 in this subsection shall be construed to prohibit 

17 a school from serving students under this sub18 section simultaneously with students with simi19 lar educational needs, in the same educational 

20 settings where appropriate. 

21 ‘‘(B) COMPREHENSIVE SERVICES.—If 

22 health, nutrition, and other social services are 

23 not otherwise available to eligible children in a 

24 school operating a targeted assistance school 

25 program and such school, if appropriate, has 


asabaliauskas on DSK5VPTVN1PROD with BILLS
139 

•S 1177 PCS

1 established a collaborative partnership with 

2 local service providers and funds are not rea3 sonably available from other public or private 

4 sources to provide such services, then a portion 

5 of the funds provided under this subsection may 

6 be used to provide such services, including 

7 through— 

8 ‘‘(i) the provision of basic medical 

9 equipment and services, such as eyeglasses 

10 and hearing aids; 

11 ‘‘(ii) compensation of a coordinator; 

12 ‘‘(iii) family support and engagement 

13 services; 

14 ‘‘(iv) health care services and inte15 grated student supports to address the 

16 physical, mental, and emotional well-being 

17 of children; and 

18 ‘‘(v) professional development nec19 essary to assist teachers, specialized in20 structional support personnel, other staff, 

21 and parents in identifying and meeting the 

22 comprehensive needs of eligible children. 

23 ‘‘(e) PROHIBITION.—Nothing in this section shall be 

24 construed to authorize the Secretary or any other officer 

25 or employee of the Federal Government to require a local 


asabaliauskas on DSK5VPTVN1PROD with BILLS
140 

•S 1177 PCS

1 educational agency or school to submit the results of a 

2 comprehensive needs assessment under subsection (b)(2) 

3 or a plan under subsection (c) or (d) for review or approval 

4 by the Secretary. 

5 ‘‘SEC. 1114. SCHOOL IDENTIFICATION, INTERVENTIONS, 

6 AND SUPPORTS. 

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

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

9 agency receiving funds under this part shall use the 

10 system designed by the State under section 

11 1111(b)(3) to annually— 

12 ‘‘(A) identify the public schools that re13 ceive funds under this part and are in need of 

14 intervention and support using the method es15 tablished by the State in section 

16 1111(b)(3)(B)(iii); 

17 ‘‘(B) require for inclusion— 

18 ‘‘(i) on each local educational agency 

19 report card required under section 

20 1111(d), the names of schools served by 

21 the agency identified under subparagraph 

22 (A); and 

23 ‘‘(ii) on each school report card re24 quired under section 1111(d), whether the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
141 

•S 1177 PCS

1 school was identified under subparagraph 

2 (A); 

3 ‘‘(C) ensure that all public schools that re4 ceive funds under this part and are identified as 

5 in need of intervention and support under sub6 paragraph (A), implement an evidence-based 

7 intervention or support strategy designed by the 

8 State or local educational agency described in 

9 subparagraph (A) or (B) of subsection (b)(3); 

10 ‘‘(D) prioritize intervention and supports 

11 in the identified schools most in need of inter12 vention and support, as determined by the 

13 State, using the results of the accountability 

14 system under 1111(b)(3)(B)(iii); and 

15 ‘‘(E) monitor and evaluate the implementa16 tion of school intervention and support strate17 gies by local educational agencies, including in 

18 the lowest-performing elementary schools and 

19 secondary schools in the State, and use the re20 sults of the evaluation to take appropriate steps 

21 to change or improve interventions or support 

22 strategies as necessary. 

23 ‘‘(2) STATE EDUCATIONAL AGENCY RESPON24 SIBILITIES.—The State educational agency shall— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
142 

•S 1177 PCS

1 ‘‘(A) make technical assistance available to 

2 local educational agencies that serve schools 

3 identified as in need of intervention and sup4 port under paragraph (1)(A); 

5 ‘‘(B) if the State educational agency deter6 mines that a local educational agency failed to 

7 carry out its responsibilities under this section, 

8 take such actions as the State educational agen9 cy determines to be appropriate and in compli10 ance with State law to assist the local edu11 cational agency and ensure that such local edu12 cational agency is carrying out its responsibil13 ities; 

14 ‘‘(C) inform local educational agencies of 

15 schools identified as in need of intervention and 

16 support under paragraph (1)(A) in a timely and 

17 easily accessible manner that is before the be18 ginning of the school year; and 

19 ‘‘(D) publicize and disseminate to the pub20 lic, including teachers, principals and other 

21 school leaders, and parents, the results of the 

22 State review under paragraph (1). 

23 ‘‘(b) LOCAL EDUCATIONAL AGENCY REVIEW AND

24 RESPONSIBILITIES.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
143 

•S 1177 PCS

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

2 agency with a school identified as in need of inter3 vention and support under subsection (a)(1)(A) 

4 shall, in consultation with teachers, principals and 

5 other school leaders, school personnel, parents, and 

6 community members— 

7 ‘‘(A) conduct a review of such school, in8 cluding by examining the indicators and meas9 ures included in the State-determined account10 ability system described in section 

11 1111(b)(3)(B) to determine the factors that led 

12 to such identification; 

13 ‘‘(B) conduct a review of the policies, pro14 cedures, personnel decisions, and budgetary de15 cisions of the local educational agency, includ16 ing the measures on the local educational agen17 cy and school report cards under section 

18 1111(d) that impact the school and could have 

19 contributed to the identification of the school; 

20 ‘‘(C) develop and implement appropriate 

21 intervention and support strategies, as de22 scribed in paragraph (3), that are proportional 

23 to the identified needs of the school, for assist24 ing the identified school; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
144 

•S 1177 PCS

1 ‘‘(D) develop a rigorous comprehensive 

2 plan that will be publicly available and provided 

3 to parents, for ensuring the successful imple4 mentation of the intervention and support strat5 egies described in paragraph (3) in identified 

6 schools, which may include— 

7 ‘‘(i) technical assistance that will be 

8 provided to the school; 

9 ‘‘(ii) improved delivery of services to 

10 be provided by the local educational agen11 cy; 

12 ‘‘(iii) increased support for stronger 

13 curriculum, program of instruction, wrap14 around services, or other resources pro15 vided to students in the school; 

16 ‘‘(iv) any changes to personnel nec17 essary to improve educational opportunities 

18 for children in the school; 

19 ‘‘(v) redesigning how time for student 

20 learning or teacher collaboration is used 

21 within the school; 

22 ‘‘(vi) using data to inform instruction 

23 for continuous improvement; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
145 

•S 1177 PCS

1 ‘‘(vii) providing increased coaching or 

2 support for principals and other school 

3 leaders and teachers; 

4 ‘‘(viii) improving school climate and 

5 safety; 

6 ‘‘(ix) providing ongoing mechanisms 

7 for family and community engagement to 

8 improve student learning; and 

9 ‘‘(x) establishing partnerships with 

10 entities, including private entities with a 

11 demonstrated record of improving student 

12 achievement, that will assist the local edu13 cational agency in fulfilling its responsibil14 ities under this section; and 

15 ‘‘(E) collect and use data on an ongoing 

16 basis to monitor the results of the intervention 

17 and support strategies and adjust such strate18 gies as necessary during implementation in 

19 order to improve student academic achievement. 

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

21 agency shall promptly provide to a parent or parents 

22 of each student enrolled in a school identified as in 

23 need of intervention and support under subsection 

24 (a)(1)(A) in an easily accessible and understandable 


asabaliauskas on DSK5VPTVN1PROD with BILLS
146 

•S 1177 PCS

1 form and, to the extent practicable, in a language 

2 that parents can understand— 

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

5 terms of academic achievement and other meas6 ures in the State accountability system under 

7 section 1111(b)(3)(B) to other schools served 

8 by the local educational agency and the State 

9 educational agency involved; 

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

11 ‘‘(C) an explanation of what the local edu12 cational agency or State educational agency is 

13 doing to help the school address student aca14 demic achievement and other measures, includ15 ing a description of the intervention and sup16 port strategies developed under paragraph 

17 (1)(C) that will be implemented in the school; 

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

19 can become involved in addressing academic 

20 achievement and other measures that caused 

21 the school to be identified; and 

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

23 to transfer their child to another public school 

24 under paragraph (4), if applicable. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
147 

•S 1177 PCS

1 ‘‘(3) SCHOOL INTERVENTION AND SUPPORT

2 STRATEGIES.— 

3 ‘‘(A) IN GENERAL.—Consistent with sub4 section (a)(1) and paragraph (1), a local edu5 cational agency shall develop and implement 

6 evidence-based intervention and support strate7 gies for an identified school that the local edu8 cational agency determines appropriate to ad9 dress the needs of students in such identified 

10 school, which shall— 

11 ‘‘(i) be designed to address the spe12 cific reasons for identification, as described 

13 in subparagraphs (A) and (B) of para14 graph (1); 

15 ‘‘(ii) be implemented, at a minimum, 

16 in a manner that is proportional to the 

17 specific reasons for identification, as de18 scribed in subparagraphs (A) and (B) of 

19 paragraph (1); and 

20 ‘‘(iii) distinguish between the lowest21 performing schools and other schools iden22 tified as in need of intervention and sup23 port for other reasons, including schools 

24 with categories of students, as defined in 

25 section 1111(b)(3)(A), not meeting the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
148 

•S 1177 PCS

1 goals described in section 1111(b)(3)(B)(i), 

2 as determined by the review in subpara3 graphs (A) and (B) of paragraph (1). 

4 ‘‘(B) STATE DETERMINED STRATEGIES.— 

5 Consistent with State law, a State educational 

6 agency may establish alternative evidence-based 

7 State determined strategies that can be used by 

8 local educational agencies to assist a school 

9 identified as in need of intervention and sup10 port under subsection (a)(1)(A), in addition to 

11 the assistance strategies developed by a local 

12 educational agency under subparagraph (A). 

13 ‘‘(4) PUBLIC SCHOOL CHOICE.— 

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

15 agency may provide all students enrolled in a 

16 school identified as in need of intervention and 

17 support under subsection (a)(1)(A) with the op18 tion to transfer to another public school served 

19 by the local educational agency, unless such an 

20 option is prohibited by State law. 

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

22 option to transfer to another public school, the 

23 local educational agency shall give priority to 

24 the lowest achieving children from low-income 

25 families, as determined by the local educational 


asabaliauskas on DSK5VPTVN1PROD with BILLS
149 

•S 1177 PCS

1 agency for the purposes of allocating funds to 

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

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

4 option to transfer to another public school shall 

5 be enrolled in classes and other activities in the 

6 public school to which the students transfer in 

7 the same manner as all other children at the 

8 public school. 

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

10 agency shall permit a child who transfers to an11 other public school under this paragraph to re12 main in that school until the child has com13 pleted the highest grade in that school. 

14 ‘‘(E) FUNDING FOR TRANSPORTATION.—A 

15 local educational agency may spend an amount 

16 equal to not more than 5 percent of its alloca17 tion under subpart 2 to pay for the provision of 

18 transportation for students who transfer under 

19 this paragraph to the public schools to which 

20 the students transfer. 

21 ‘‘(5) PROHIBITIONS ON FEDERAL INTER22 FERENCE WITH STATE AND LOCAL DECISIONS.— 

23 Nothing in this section shall be construed to author24 ize or permit the Secretary to establish any criterion 

25 that specifies, defines, or prescribes— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
150 

•S 1177 PCS

1 ‘‘(A) any school intervention or support 

2 strategy that States or local educational agen3 cies shall use to assist schools identified as in 

4 need of intervention and support under this sec5 tion; or 

6 ‘‘(B) the weight of any indicator or meas7 ure that a State shall use to identify schools 

8 under subsection (a). 

9 ‘‘(c) FUNDS FOR LOCAL SCHOOL INTERVENTIONS

10 AND SUPPORTS.— 

11 ‘‘(1) IN GENERAL.— 

12 ‘‘(A) GRANTS AUTHORIZED.—From the 

13 total amount appropriated under section 

14 1002(f) for a fiscal year, the Secretary shall 

15 award grants to States and the Bureau of In16 dian Education of the Department of the Inte17 rior, through an allotment as determined under 

18 subparagraph (B), to carry out the activities 

19 described in this subsection. 

20 ‘‘(B) ALLOTMENTS.—From the total 

21 amount appropriated under section 1002(f) for 

22 a fiscal year, the Secretary shall allot to each 

23 State, the Bureau of Indian Education of the 

24 Department of the Interior, and each outlying 

25 area for such fiscal year with an approved apVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
151 

•S 1177 PCS

1 plication, an amount that bears the same rela2 tionship to such total amount as the amount 

3 such State, the Bureau of Indian Education of 

4 the Department of the Interior, or such out5 lying area received under parts A, C, and D of 

6 this title for the most recent preceding fiscal 

7 year for which the data are available bears to 

8 the amount received by all such States, the Bu9 reau of Indian Education of the Department of 

10 the Interior, and all such outlying areas under 

11 parts A, C, and D of this title for such most 

12 recent preceding fiscal year. 

13 ‘‘(2) STATE APPLICATION.—A State that de14 sires to receive school improvement funds under this 

15 subsection shall submit an application to the Sec16 retary at such time and in such manner as the Sec17 retary may require, which shall include a description 

18 of— 

19 ‘‘(A) the process and the criteria that the 

20 State will use to award subgrants under para21 graph (4)(A), including how the subgrants will 

22 serve schools identified by the State as the low23 est–performing schools under subsection (a)(1); 

24 ‘‘(B) the process and the criteria the State 

25 will use to determine whether the local eduVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
152 

•S 1177 PCS

1 cational agency’s proposal for serving each 

2 identified school meets the requirements of 

3 paragraph (6) and other provisions of this sec4 tion; 

5 ‘‘(C) how the State will ensure that local 

6 educational agencies conduct a comprehensive 

7 review of each identified school as required 

8 under subsection (b) to identify evidence-based 

9 school intervention and support strategies that 

10 are likely to be successful in each particular 

11 school; 

12 ‘‘(D) how the State will ensure geographic 

13 diversity in making subgrants; 

14 ‘‘(E) how the State will set priorities in 

15 awarding subgrants to local educational agen16 cies, including how the State will prioritize local 

17 educational agencies serving elementary schools 

18 and secondary schools identified as the lowest– 

19 performing schools under subsection (a)(1) that 

20 will use subgrants to serve such schools; 

21 ‘‘(F) how the State will monitor and evalu22 ate the implementation of evidence-based school 

23 intervention and support strategies supported 

24 by funds under this subsection; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
153 

•S 1177 PCS

1 ‘‘(G) how the State will reduce barriers for 

2 schools in the implementation of school inter3 vention and support strategies, including by 

4 providing operational flexibility that would en5 able complete implementation of the selected 

6 school improvement strategy. 

7 ‘‘(3) STATE ADMINISTRATION; TECHNICAL AS8 SISTANCE; EXCEPTION.— 

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

10 an allotment under this subsection may reserve 

11 not more than a total of 5 percent of such allot12 ment for the administration of this subsection 

13 to carry out its responsibilities under subsection 

14 (a)(2) to support school and local educational 

15 agency interventions and supports, which may 

16 include activities aimed at building State capac17 ity to support and monitor the local educational 

18 agency and school intervention and supports. 

19 ‘‘(B) EXCEPTION.—Notwithstanding sub20 paragraph (A), a State educational agency may 

21 reserve from the amount allotted under this 

22 subsection additional funds to meet its respon23 sibilities under subsection (a)(2)(B) if a local 

24 educational agency fails to carry out its respon25 sibilities under subsection (b), but shall not reVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
154 

•S 1177 PCS

1 serve more than necessary to meet such State 

2 responsibilities. 

3 ‘‘(4) SUBGRANTS TO LOCAL EDUCATIONAL

4 AGENCIES.— 

5 ‘‘(A) IN GENERAL.—From the amounts 

6 awarded to a State under this subsection, the 

7 State educational agency shall allocate not less 

8 than 95 percent to make subgrants to local edu9 cational agencies, on a competitive basis, to 

10 serve schools identified as in need of interven11 tion and support under subsection (a)(1)(A). 

12 ‘‘(B) DURATION.—The State educational 

13 agency shall award subgrants under this para14 graph for a period of not more than 5 years, 

15 which period may include a planning year. 

16 ‘‘(C) CRITERIA.—Subgrants awarded 

17 under this section shall be of sufficient size to 

18 enable a local educational agency to effectively 

19 implement the selected intervention and support 

20 strategy. 

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

22 in this subsection shall be construed as prohib23 iting a State from allocating subgrants under 

24 this subsection to a statewide school district, 

25 consortium of local educational agencies, or an 


asabaliauskas on DSK5VPTVN1PROD with BILLS
155 

•S 1177 PCS

1 educational service agency that serves schools 

2 identified as in need of intervention and sup3 port under this section, if such entities are le4 gally constituted or recognized as local edu5 cational agencies in the State. 

6 ‘‘(5) APPLICATION.—In order to receive a 

7 subgrant under this subsection, a local educational 

8 agency shall submit an application to the State edu9 cational agency at such time, in such form, and in10 cluding such information as the State educational 

11 agency may require. Each application shall include, 

12 at a minimum— 

13 ‘‘(A) a description of the process the local 

14 educational agency has used for selecting an ap15 propriate evidence-based school intervention and 

16 support strategy for each school to be served, 

17 including how the local educational agency has 

18 analyzed the needs of each such school in ac19 cordance with subsection (b)(1) and meaning20 fully consulted with teachers, principals, and 

21 other school leaders in selecting such interven22 tion and support strategy; 

23 ‘‘(B) the specific evidence-based school 

24 interventions and supports to be used in each 

25 school to be served, how these interventions and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
156 

•S 1177 PCS

1 supports will address the needs identified in the 

2 review under subsection (b)(1), and the timeline 

3 for implementing such school interventions and 

4 supports in each school to be served; 

5 ‘‘(C) a detailed budget covering the grant 

6 period, including planned expenditures at the 

7 school level for activities supporting full and ef8 fective implementation of the selected school 

9 intervention and support strategy; 

10 ‘‘(D) a description of how the local edu11 cational agency will— 

12 ‘‘(i) design and implement the selected 

13 school intervention and support strategy, 

14 in accordance with the requirements under 

15 subsection (b)(1)(C), including the use of 

16 appropriate measures to monitor the effec17 tiveness of implementation; 

18 ‘‘(ii) use a rigorous review process to 

19 recruit, screen, select, and evaluate any ex20 ternal partners with whom the local edu21 cational agency will partner; 

22 ‘‘(iii) align other Federal, State, and 

23 local resources with the intervention and 

24 support strategy to reduce duplication, in25 crease efficiency, and assist identified 


asabaliauskas on DSK5VPTVN1PROD with BILLS
157 

•S 1177 PCS

1 schools in complying with reporting re2 quirements of Federal and State programs; 

3 ‘‘(iv) modify practices and policies, if 

4 necessary, to provide operational flexibility 

5 that enables full and effective implementa6 tion of the selected school intervention and 

7 support strategy; 

8 ‘‘(v) collect and use data on an ongo9 ing basis to adjust the intervention and 

10 support strategy during implementation, 

11 and if necessary, modify or implement a 

12 different strategy if implementation is not 

13 effective, in order to improve student aca14 demic achievement; 

15 ‘‘(vi) ensure that the implementation 

16 of the intervention and support strategy 

17 meets the needs of each of the categories 

18 of students, as defined in section 

19 1111(b)(3)(A); 

20 ‘‘(vii) provide information to parents, 

21 guardians, teachers, and other stakeholders 

22 about the effectiveness of implementation, 

23 to the extent practicable, in a language 

24 that the parents can understand; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
158 

•S 1177 PCS

1 ‘‘(viii) sustain successful reforms and 

2 practices after the funding period ends; 

3 ‘‘(E) a description of the technical assist4 ance and other support that the local edu5 cational agency will provide to ensure effective 

6 implementation of school intervention and sup7 port strategies in identified schools, in accord8 ance with subsection (b)(1)(D), such as ensur9 ing identified schools have access to resources 

10 like facilities, professional development, and 

11 technology and adopting human resource poli12 cies that prioritize recruitment, retention, and 

13 placement of effective staff in identified schools; 

14 and 

15 ‘‘(F) an assurance that each school the 

16 local educational agency proposes to serve will 

17 receive all of the State and local funds it would 

18 have received in the absence of funds received 

19 under this subsection. 

20 ‘‘(6) LOCAL ACTIVITIES.—A local educational 

21 agency that receives a subgrant under this sub22 section— 

23 ‘‘(A) shall use the subgrant funds to imple24 ment evidence-based school intervention and 

25 support strategies in schools identified as in 


asabaliauskas on DSK5VPTVN1PROD with BILLS
159 

•S 1177 PCS

1 need of intervention and support under sub2 section (a)(1)(A); and 

3 ‘‘(B) may use the subgrant funds to carry 

4 out, at the local educational agency level, activi5 ties that directly support the implementation of 

6 the intervention and support strategies such 

7 as— 

8 ‘‘(i) assistance in data collection and 

9 analysis; 

10 ‘‘(ii) recruiting and retaining staff; 

11 ‘‘(iii) high–quality, evidence–based 

12 professional development; 

13 ‘‘(iv) coordination of services to ad14 dress students’ non–academic needs; and 

15 ‘‘(v) progress monitoring. 

16 ‘‘(7) REPORTING.—A State that receives funds 

17 under this subsection shall report to the Secretary a 

18 list of all the local educational agencies that received 

19 a subgrant under this subsection and for each local 

20 educational agency that received a subgrant, a list of 

21 all the schools that were served, the amount of funds 

22 each school received, and the intervention and sup23 port strategies implemented in each school. 

24 ‘‘(8) SUPPLEMENT NOT SUPPLANT.—A local 

25 educational agency or State shall use Federal funds 


asabaliauskas on DSK5VPTVN1PROD with BILLS
160 

•S 1177 PCS

1 received under this subsection only to supplement 

2 the 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 funded under this subsection. 

6 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec7 tion shall be construed to alter or otherwise affect the 

8 rights, remedies, and procedures afforded school or school 

9 district employees under Federal, State, or local laws (in10 cluding applicable regulations or court orders) or under 

11 the terms of collective bargaining agreements, memoranda 

12 of understanding, or other agreements between such em13 ployees and their employers.’’; 

14 (2) by striking section 1119; and 

15 (3) by redesignating sections 1118, 1120, 

16 1120A, and 1120B as sections 1115, 1116, 1117, 

17 and 1118, respectively. 

18 SEC. 1005. PARENT AND FAMILY ENGAGEMENT. 

19 Section 1115, as redesignated by section 1004(3), is 

20 amended— 

21 (1) in the section heading, by striking ‘‘PAREN22 TAL INVOLVEMENT’’ and inserting ‘‘PARENT AND

23 FAMILY ENGAGEMENT’’; 

24 (2) in subsection (a)— 

25 (A) in paragraph (1)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
161 

•S 1177 PCS

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 agenVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
162 

•S 1177 PCS

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 imVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
163 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
164 

•S 1177 PCS

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 (i) in subparagraph (A), by striking 

9 ‘‘to carry out this section, including pro10 moting family literacy and parenting 

11 skills,’’ and insert ‘‘to assist schools to 

12 carry out the activities described in this 

13 section,’’; 

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

15 ‘‘(B) PARENTAL INPUT.—Parents of chil16 dren’’ and inserting ‘‘(B) PARENT AND

17 FAMILY MEMBER INPUT.—Parents and 

18 family members of children’’; 

19 (iii) in subparagraph (C)— 

20 (I) by striking ‘‘95 percent’’ and 

21 inserting ‘‘85 percent’’; and 

22 (II) by inserting ‘‘, with priority 

23 given to high–need schools’’ after 

24 ‘‘schools served under this part’’; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
165 

•S 1177 PCS

1 (iv) by adding at the end the fol2 lowing: 

3 ‘‘(D) USE OF FUNDS.—Funds reserved 

4 under subparagraph (A) by a local educational 

5 agency shall be used to carry out activities and 

6 strategies consistent with the local educational 

7 agency’s parent and family engagement policy, 

8 including not less than 1 of the following: 

9 ‘‘(i) Supporting schools and nonprofit 

10 organizations in providing professional de11 velopment for local educational agency and 

12 school personnel regarding parent and 

13 family engagement strategies, which may 

14 be provided jointly to teachers, school lead15 ers, specialized instructional support per16 sonnel, paraprofessionals, early childhood 

17 educators, and parents and family mem18 bers. 

19 ‘‘(ii) Supporting home visitation pro20 grams. 

21 ‘‘(iii) Disseminating information on 

22 best practices focused on parent and family 

23 engagement, especially best practices for 

24 increasing the engagement of economically 


asabaliauskas on DSK5VPTVN1PROD with BILLS
166 

•S 1177 PCS

1 disadvantaged parents and family mem2 bers. 

3 ‘‘(iv) Collaborating or providing sub4 grants to schools to enable such schools to 

5 collaborate with community-based or other 

6 organizations or employers with a dem7 onstrated track record of success in im8 proving and increasing parent and family 

9 engagement. 

10 ‘‘(v) Engaging in any other activities 

11 and strategies that the local educational 

12 agency determines are appropriate and 

13 consistent with such agency’s parent and 

14 family engagement policy, which may in15 clude adult education and literacy activi16 ties, as defined in section 203 of the Adult 

17 Education and Family Literacy Act.’’; 

18 (3) in subsection (b)— 

19 (A) in the subsection heading, by striking 

20 ‘‘PARENTAL INVOLVEMENT POLICY’’ and in21 serting ‘‘PARENTAL AND FAMILY ENGAGEMENT

22 POLICY’’; 

23 (B) in paragraph (1)— 

24 (i) by inserting ‘‘and family members’’ 

25 after ‘‘distribute to, parents’’; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
167 

•S 1177 PCS

1 (ii) by striking ‘‘written parental in2 volvement policy’’ and inserting ‘‘written 

3 parent and family engagement policy’’; 

4 (C) in paragraph (2)— 

5 (i) by striking ‘‘parental involvement 

6 policy’’ and inserting ‘‘parent and family 

7 engagement policy’’; and 

8 (ii) by inserting ‘‘and family mem9 bers’’ after ‘‘that applies to all parents’’; 

10 and 

11 (D) in paragraph (3)— 

12 (i) by striking ‘‘school district-level 

13 parental involvement policy’’ and inserting 

14 ‘‘district-level parent and family engage15 ment policy’’; and 

16 (ii) by inserting ‘‘and family members 

17 in all schools served by the local edu18 cational agency’’ after ‘‘policy that applies 

19 to all parents’’; 

20 (4) in subsection (c)— 

21 (A) in paragraph (3), by striking ‘‘parental 

22 involvement policy’’ and inserting ‘‘parent and 

23 family engagement policy’’; 

24 (B) in paragraph (4)(B), by striking ‘‘the 

25 proficiency levels students are expected to 


asabaliauskas on DSK5VPTVN1PROD with BILLS
168 

•S 1177 PCS

1 meet’’ and inserting ‘‘the achievement levels of 

2 the challenging State academic standards’’; and 

3 (C) in paragraph (5), by striking ‘‘section 

4 1114(b)(2)’’ and inserting ‘‘section 

5 1113(c)(2)’’; 

6 (5) in subsection (d)— 

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

8 by striking ‘‘parental involvement policy’’ and 

9 inserting ‘‘parent and family engagement pol10 icy’’; 

11 (B) in paragraph (1)— 

12 (i) by striking ‘‘the State’s student 

13 academic achievement standards’’ and in14 serting ‘‘the challenging State academic 

15 standards’’; and 

16 (ii) by striking ‘‘, such as monitoring 

17 attendance, homework completion, and tel18 evision watching’’; and 

19 (C) in paragraph (2)— 

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

21 ‘‘and’’ after the semicolon; 

22 (ii) in subparagraph (C), by striking 

23 the period and inserting ‘‘; and’’; and 

24 (iii) by adding at the end the fol25 lowing: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
169 

•S 1177 PCS

1 ‘‘(D) ensuring regular two-way, meaningful 

2 communication between family members and 

3 school staff, to the extent practicable, in a lan4 guage that family members can understand and 

5 access.’’; 

6 (6) in subsection (e)— 

7 (A) in paragraph (1), by striking ‘‘the 

8 State’s academic content standards and State 

9 student academic achievement standards’’ and 

10 inserting ‘‘the challenging State academic 

11 standards’’; 

12 (B) in paragraph (3), by striking ‘‘pupil 

13 services personnel, principals’’ and inserting 

14 ‘‘specialized instructional support personnel, 

15 principals, and other school leaders’’; and 

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

17 Start, Reading First, Early Reading First, 

18 Even Start, the Home Instruction Programs for 

19 Preschool Youngsters, the Parents as Teachers 

20 Program,’’ and inserting ‘‘other relevant Fed21 eral, State, and local laws,’’; 

22 (7) by striking subsection (f) and inserting the 

23 following: 

24 ‘‘(f) ACCESSIBILITY.—In carrying out the parent and 

25 family engagement requirements of this part, local eduVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
170 

•S 1177 PCS

1 cational agencies and schools, to the extent practicable, 

2 shall provide opportunities for the full and informed par3 ticipation of parents and family members (including par4 ents and family members who are English learners, par5 ents and family members with disabilities, and parents 

6 and family members of migratory children), including pro7 viding information and school reports required under sec8 tion 1111 in a format and, to the extent practicable, in 

9 a language such parents understand.’’; and 

10 (8) in subsection (h), by striking ‘‘parental in11 volvement policies’’ and inserting ‘‘parent and family 

12 engagement policies’’. 

13 SEC. 1006. PARTICIPATION OF CHILDREN ENROLLED IN 

14 PRIVATE SCHOOLS. 

15 Section 1116, as redesignated by section 1004(3), is 

16 amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘section 1115(b)’’ and 

20 inserting ‘‘section 1113(d)(3)’’; and 

21 (ii) by striking ‘‘sections 1118 and 

22 1119’’ and inserting ‘‘section 1115’’; and 

23 (B) by striking paragraph (4) and insert24 ing the following: 

25 ‘‘(4) EXPENDITURES.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
171 

•S 1177 PCS

1 ‘‘(A) IN GENERAL.—Expenditures for edu2 cational services and other benefits to eligible 

3 private school children shall be equal to the pro4 portion of funds allocated to participating 

5 school attendance areas based on the number of 

6 children from low-income families who attend 

7 private schools. 

8 ‘‘(B) TERM OF DETERMINATION.—The 

9 local educational agency may determine the eq10 uitable share each year or every 2 years. 

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

12 proportional share of funds shall be deter13 mined— 

14 ‘‘(i) based on the total allocation re15 ceived by the local educational agency; and 

16 ‘‘(ii) prior to any allowable expendi17 tures or transfers by the local educational 

18 agency.’’; and 

19 (2) in subsection (b)— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (E)— 

22 (I) by striking ‘‘and’’ before ‘‘the 

23 proportion of funds’’; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
172 

•S 1177 PCS

1 (II) by inserting ‘‘, and how that 

2 proportion of funds is determined’’ 

3 after ‘‘such services’’; 

4 (ii) in subparagraph (F), by striking 

5 ‘‘section 1113(c)(1)’’ and inserting ‘‘sec6 tion 1113(a)(3)’’; 

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

8 ‘‘and’’ after the semicolon; 

9 (iv) in subparagraph (H), by striking 

10 the period at the end and inserting ‘‘; 

11 and’’; and 

12 (v) by adding at the end the following: 

13 ‘‘(I) whether the agency shall 

14 provide services directly or assign re15 sponsibility for the provision of serv16 ices to a separate government agency, 

17 consortium, or entity, or to a third18 party contractor.’’; and 

19 (B) in paragraph (5)(A)— 

20 (i) by striking ‘‘or’’ before ‘‘did not 

21 give due consideration’’; and 

22 (ii) by inserting ‘‘, or did not make a 

23 decision that treats the private school stu24 dents equitably as required by this section’’ 

25 before the period at the end. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
173 

•S 1177 PCS

1 SEC. 1007. SUPPLEMENT, NOT SUPPLANT. 

2 Section 1117, as redesignated by section 1004(3), is 

3 amended by striking subsection (b) and inserting the fol4 lowing: 

5 ‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP6 PLANT, NON-FEDERAL FUNDS.— 

7 ‘‘(1) IN GENERAL.—A State educational agency 

8 or local educational agency shall use Federal funds 

9 received under this part only to supplement the 

10 funds that would, in the absence of such Federal 

11 funds, be made available from non-Federal sources 

12 for the education of students participating in pro13 grams assisted under this part, and not to supplant 

14 such funds. 

15 ‘‘(2) COMPLIANCE.—To demonstrate compli16 ance with paragraph (1), a local educational agency 

17 shall demonstrate that the methodology used to allo18 cate State and local funds to each school receiving 

19 assistance under this part ensures that such school 

20 receives all of the State and local funds it would oth21 erwise receive if it were not receiving assistance 

22 under this part. 

23 ‘‘(3) SPECIAL RULE.—No local educational 

24 agency shall be required to— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
174 

•S 1177 PCS

1 ‘‘(A) identify that an individual cost or 

2 service supported under this part is supple3 mental; and 

4 ‘‘(B) provide services under this part 

5 through a particular instructional method or in 

6 a particular instructional setting in order to 

7 demonstrate such agency’s compliance with 

8 paragraph (1). 

9 ‘‘(4) PROHIBITION.—Nothing in this section 

10 shall be construed to authorize or permit the Sec11 retary to establish any criterion that specifies, de12 fines, or prescribes the specific methodology a local 

13 educational agency uses to allocate State and local 

14 funds to each school receiving assistance under this 

15 part. 

16 ‘‘(5) TIMELINE.—A local educational agency— 

17 ‘‘(A) shall meet the compliance require18 ment under paragraph (2) not later than 2 

19 years after the date of enactment of the Every 

20 Child Achieves Act of 2015; and 

21 ‘‘(B) may demonstrate compliance with the 

22 requirement under paragraph (1) before the 

23 end of such 2-year period using the method 

24 such local educational agency used on the day 


asabaliauskas on DSK5VPTVN1PROD with BILLS
175 

•S 1177 PCS

1 before the date of enactment of the Every Child 

2 Achieves Act of 2015.’’. 

3 SEC. 1008. COORDINATION REQUIREMENTS. 

4 Section 1118, as redesignated by section 1004(3), is 

5 amended— 

6 (1) in subsection (a), by striking ‘‘early child7 hood development programs such as the Early Read8 ing First program’’ and inserting ‘‘, early childhood 

9 education programs, including by developing agree10 ments with such Head Start agencies and other enti11 ties to carry out such activities’’; and 

12 (2) in subsection (b)— 

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

14 by striking ‘‘early childhood development pro15 grams, such as the Early Reading First pro16 gram,’’ and inserting ‘‘early childhood edu17 cation programs’’; 

18 (B) in paragraph (1), by striking ‘‘early 

19 childhood development program such as the 

20 Early Reading First program’’ and inserting 

21 ‘‘early childhood education program’’; 

22 (C) in paragraph (2), by striking ‘‘early 

23 childhood development programs such as the 

24 Early Reading First program’’ and inserting 

25 ‘‘early childhood education programs’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
176 

•S 1177 PCS

1 (D) in paragraph (3), by striking ‘‘early 

2 childhood development programs such as the 

3 Early Reading First program’’ and inserting 

4 ‘‘early childhood education programs’’; 

5 (E) in paragraph (4)— 

6 (i) by striking ‘‘Early Reading First 

7 program staff,’’; and 

8 (ii) by striking ‘‘early childhood devel9 opment program’’ and inserting ‘‘early 

10 childhood education program’’; 

11 (F) in paragraph (5), by striking ‘‘and en12 tities carrying out Early Reading First pro13 grams’’. 

14 SEC. 1009. GRANTS FOR THE OUTLYING AREAS AND THE 

15 SECRETARY OF THE INTERIOR. 

16 Section 1121(b)(3)(C)(ii) (20 U.S.C. 

17 6331(b)(3)(C)(ii)) is amended by striking ‘‘challenging 

18 State academic content standards’’ and inserting ‘‘chal19 lenging State academic standards’’. 

20 SEC. 1010. ALLOCATIONS TO STATES. 

21 Section 1122(a) (20 U.S.C. 6332(a)) is amended by 

22 striking ‘‘for each of fiscal years 2002–2007’’ and insert23 ing ‘‘for each of fiscal years 2016 through 2021’’. 

24 SEC. 1011. MAINTENANCE OF EFFORT. 

25 Section 1125A (20 U.S.C. 6337) is amended— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
177 

•S 1177 PCS

1 (1) in subsection (c), by redesignating subpara2 graphs (A) and (B) as paragraphs (1) and (2), re3 spectively; 

4 (2) in subsection (d)(1)(A)(ii), by striking 

5 ‘‘clause ‘‘(i)’’ and inserting ‘‘clause (i)’’; 

6 (3) by striking subsection (e) and inserting the 

7 following: 

8 ‘‘(e) MAINTENANCE OF EFFORT.— 

9 ‘‘(1) IN GENERAL.—A State is entitled to re10 ceive its full allotment of funds under this section 

11 for any fiscal year if the Secretary finds that the 

12 State’s fiscal effort per student or the aggregate ex13 penditures of the State with respect to the provision 

14 of free public education by the State for the pre15 ceding fiscal year was not less than 90 percent of 

16 the fiscal effort or aggregate expenditures for the 

17 second preceding fiscal year, subject to the require18 ments of paragraph (2). 

19 ‘‘(2) REDUCTION IN CASE OF FAILURE TO

20 MEET.— 

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

22 reduce the amount of the allotment of funds 

23 under this section in any fiscal year in the exact 

24 proportion by which a State fails to meet the 

25 requirement of paragraph (1) by falling below 


asabaliauskas on DSK5VPTVN1PROD with BILLS
178 

•S 1177 PCS

1 90 percent of both the fiscal effort per student 

2 and aggregate expenditures (using the measure 

3 most favorable to the State), if such State has 

4 also failed to meet such requirement (as deter5 mined using the measure most favorable to the 

6 State) for 1 or more of the 5 immediately pre7 ceding fiscal years. 

8 ‘‘(B) SPECIAL RULE.—No such lesser 

9 amount shall be used for computing the effort 

10 required under paragraph (1) for subsequent 

11 years. 

12 ‘‘(3) WAIVER.—The Secretary may waive the 

13 requirements of this subsection if the Secretary de14 termines that a waiver would be equitable due to— 

15 ‘‘(A) exceptional or uncontrollable cir16 cumstances, such as a natural disaster or a 

17 change in the organizational structure of the 

18 State; or 

19 ‘‘(B) a precipitous decline in the financial 

20 resources of the State.’’; 

21 (4) in subsection (f), by striking ‘‘fiscal year 

22 2002’’ and inserting ‘‘fiscal year 2016’’; and 

23 (5) in subsection (g)(3), in the matter pre24 ceding subparagraph (A), by striking ‘‘shall be’’ and 

25 inserting ‘‘shall be—’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
179 

•S 1177 PCS

1 SEC. 1012. ACADEMIC ASSESSMENTS. 

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

3 to read as follows: 

4 ‘‘PART B—ACADEMIC ASSESSMENTS 

5 ‘‘SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RE6 LATED ACTIVITIES. 

7 ‘‘From amounts made available in accordance with 

8 section 1204, the Secretary shall make grants to States 

9 to enable the States to carry out 1 or more of the fol10 lowing: 

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

12 State assessments and standards adopted under sec13 tion 1111(b), which may include the costs of work14 ing in voluntary partnerships with other States, at 

15 the sole discretion of each such State. 

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

17 adopted under section 1111(b), to administer those 

18 assessments or to carry out other assessment activi19 ties described in this part, such as the following: 

20 ‘‘(A) Expanding the range of appropriate 

21 accommodations available to children who are 

22 English learners and children with disabilities 

23 to improve the rates of inclusion in regular as24 sessments of such children, including profes25 sional development activities to improve the imVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
180 

•S 1177 PCS

1 plementation of such accommodations in in2 structional practice. 

3 ‘‘(B) Developing challenging State aca4 demic standards and aligned assessments in 

5 academic subjects for which standards and as6 sessments are not required under section 

7 1111(b). 

8 ‘‘(C) Developing or improving assessments 

9 of English language proficiency necessary to 

10 comply with section 1111(b)(2)(G). 

11 ‘‘(D) Ensuring the continued validity and 

12 reliability of State assessments. 

13 ‘‘(E) Refining State assessments to ensure 

14 their continued alignment with the challenging 

15 State academic standards and to improve the 

16 alignment of curricula and instructional mate17 rials. 

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

19 validity, and reliability of assessments for chil20 dren who are English learners, including alter21 native assessments aligned with the challenging 

22 State academic standards, testing accommoda23 tions for children who are English learners, and 

24 assessments of English language proficiency. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
181 

•S 1177 PCS

1 ‘‘(G) Developing or improving balanced as2 sessment systems that include summative, in3 terim, and formative assessments, including 

4 supporting local educational agencies in devel5 oping or improving such assessments. 

6 ‘‘SEC. 1202. GRANTS FOR ENHANCED ASSESSMENT INSTRU7 MENTS. 

8 ‘‘(a) GRANT PROGRAM AUTHORIZED.—From 

9 amounts made available in accordance with section 1204, 

10 the Secretary shall award, on a competitive basis, grants 

11 to State educational agencies that have submitted applica12 tions at such time, in such manner, and containing such 

13 information as the Secretary may reasonably require, 

14 which demonstrate, to the satisfaction of the Secretary, 

15 that the requirements of this section will be met, for one 

16 of more of the following: 

17 ‘‘(1) Allowing for collaboration with institutions 

18 of higher education, other research institutions, or 

19 other organizations to improve the quality, validity, 

20 and reliability of State academic assessments beyond 

21 the requirements for such assessments described in 

22 section 1111(b)(2). 

23 ‘‘(2) Developing or improving assessments for 

24 students who are children with disabilities, including 

25 using the principles of universal design for learning, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
182 

•S 1177 PCS

1 which may include developing assessments aligned to 

2 alternate academic achievement standards for stu3 dents with the most significant cognitive disabilities 

4 described in section 1111(b)(2)(D). 

5 ‘‘(3) Measuring student progress or academic 

6 growth over time, including by using multiple meas7 ures. 

8 ‘‘(4) Evaluating student academic achievement 

9 through the development of comprehensive academic 

10 assessment instruments, such as performance and 

11 technology-based academic assessments that empha12 size the mastery of standards and aligned com13 petencies in a competency-based education model, 

14 technology-based academic assessments, computer 

15 adaptive assessments, and portfolios, projects, or ex16 tended performance task assessments. 

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

18 agency receiving a grant under this section shall submit 

19 an annual report to the Secretary describing its activities 

20 under the grant and the result of such activities. 

21 ‘‘(c) PROHIBITION.—No funds provided under this 

22 section to the Secretary shall be used to mandate, direct, 

23 control, incentivize, or make financial awards conditioned 

24 upon States (or a consortia of States) developing any asVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
183 

•S 1177 PCS

1 sessment common to a number of States, including testing 

2 activities prohibited under section 9529. 

3 ‘‘SEC. 1203. AUDITS OF ASSESSMENT SYSTEMS. 

4 ‘‘(a) IN GENERAL.—From the amount reserved 

5 under section 1204(b)(1)(C) for a fiscal year, the Sec6 retary shall make grants, from allotments in accordance 

7 with subsection (b), to States to enable the States to— 

8 ‘‘(1) in the case of a grant awarded under this 

9 section to a State for the first time— 

10 ‘‘(A) carry out audits of State assessment 

11 systems and ensure that local educational agen12 cies carry out audits of local assessments under 

13 subsection (e)(1); 

14 ‘‘(B) prepare and carry out the State plan 

15 under subsection (e)(6); and 

16 ‘‘(C) award subgrants under subsection (f); 

17 and 

18 ‘‘(2) in the case of a grant awarded under this 

19 section to a State that has previously received a 

20 grant under this section— 

21 ‘‘(A) carry out the State plan under sub22 section (e)(6); and 

23 ‘‘(B) award subgrants under subsection 

24 (f). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
184 

•S 1177 PCS

1 ‘‘(b) MINIMUM AMOUNT.—Each State with an ap2 proved application shall receive a grant amount of not less 

3 than $1,500,000 per fiscal year. 

4 ‘‘(c) REALLOCATION.—If a State chooses not to apply 

5 to receive a grant under this subsection, or if such State’s 

6 application under subsection (d) is disapproved by the Sec7 retary, the Secretary shall reallocate such grant amount 

8 to other States with approved applications. 

9 ‘‘(d) APPLICATION.—A State desiring to receive a 

10 grant under this section shall submit an application to the 

11 Secretary at such time, in such manner, and containing 

12 such information as the Secretary may require. 

13 ‘‘(e) AUDITS OF STATE ASSESSMENT SYSTEMS AND

14 LOCAL ASSESSMENTS.— 

15 ‘‘(1) AUDIT REQUIREMENTS.—Not later than 1 

16 year after a State receives a grant under this section 

17 for the first time, the State shall— 

18 ‘‘(A) conduct an audit of the State assess19 ment system; 

20 ‘‘(B) ensure that each local educational 

21 agency under the State’s jurisdiction and re22 ceiving funds under this Act— 

23 ‘‘(i) conducts an audit of each local 

24 assessment administered by the local edu25 cational agency; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
185 

•S 1177 PCS

1 ‘‘(ii) submits the results of such audit 

2 to the State; and 

3 ‘‘(C) report the results of each State and 

4 local educational agency audit conducted under 

5 subparagraphs (A) and (B), in a format that 

6 is— 

7 ‘‘(i) publicly available, such as a wide8 ly accessible online platform; and 

9 ‘‘(ii) with appropriate accessibility 

10 provisions for children with disabilities and 

11 English learners. 

12 ‘‘(2) RESOURCES FOR LOCAL EDUCATIONAL

13 AGENCIES.—In carrying out paragraph (1)(B), each 

14 State shall develop and provide local educational 

15 agencies with resources, such as guidelines and pro16 tocols, to assist the agencies in conducting and re17 porting the results of the audit required under such 

18 paragraph. 

19 ‘‘(3) STATE ASSESSMENT SYSTEM DESCRIP20 TION.—An audit of a State assessment system con21 ducted under paragraph (1) shall include a descrip22 tion of each State assessment carried out in the 

23 State, including— 

24 ‘‘(A) the grade and subject matter as25 sessed; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
186 

•S 1177 PCS

1 ‘‘(B) whether the assessment is required 

2 under section 1111(b)(2) or allowed under sec3 tion 1111(b)(2)(D); 

4 ‘‘(C) the annual cost to the State edu5 cational agency involved in developing, pur6 chasing, administering, and scoring the assess7 ment; 

8 ‘‘(D) the purpose for which the assessment 

9 was designed and the purpose for which the as10 sessment is used, including assessments de11 signed to contribute to systems of improvement 

12 of teaching and learning; 

13 ‘‘(E) the time for disseminating assess14 ment results; 

15 ‘‘(F) a description of how the assessment 

16 is aligned with the challenging State academic 

17 standards under section 1111(b)(1); 

18 ‘‘(G) a description of any State law or reg19 ulation that established the requirement for the 

20 assessment; 

21 ‘‘(H) the schedule and calendar for all 

22 State assessments given; and 

23 ‘‘(I) a description of the State’s policies for 

24 inclusion of English learners and children with 

25 disabilities participating in assessments, includVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
187 

•S 1177 PCS

1 ing developing and promoting the use of appro2 priate accommodations. 

3 ‘‘(4) LOCAL ASSESSMENT DESCRIPTION.—An 

4 audit of a local assessment conducted under para5 graph (1) shall include a description of the local as6 sessment carried out by the local educational agency, 

7 including— 

8 ‘‘(A) the descriptions listed in subpara9 graphs (A), (D), and (E) of paragraph (3); 

10 ‘‘(B) the annual cost to the local edu11 cational agency of developing, purchasing, ad12 ministering, and scoring the assessment; 

13 ‘‘(C) the extent to which the assessment is 

14 aligned to the challenging State academic 

15 standards under section 1111(b)(1); 

16 ‘‘(D) a description of any State or local 

17 law or regulation that establishes the require18 ment for the assessment; and 

19 ‘‘(E) in the case of a summative assess20 ment that is used for accountability purposes, 

21 whether the assessment is valid and reliable and 

22 consistent with nationally recognized profes23 sional and technical standards. 

24 ‘‘(5) STAKEHOLDER FEEDBACK.—Each audit of 

25 a State assessment system or local assessment sysVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
188 

•S 1177 PCS

1 tem conducted under subparagraph (A) or (B) of 

2 paragraph (1) shall include feedback on such system 

3 from education stakeholders, which shall cover infor4 mation such as— 

5 ‘‘(A) how educators, school leaders, and 

6 administrators use assessment data to improve 

7 and differentiate instruction; 

8 ‘‘(B) the timing of release of assessment 

9 data; 

10 ‘‘(C) the extent to which assessment data 

11 is presented in an accessible and understand12 able format for educators, school leaders, par13 ents, students (if appropriate), and the commu14 nity; 

15 ‘‘(D) the opportunities, resources, and 

16 training educators and administrators are given 

17 to review assessment results and make effective 

18 use of assessment data; 

19 ‘‘(E) the distribution of technological re20 sources and personnel necessary to administer 

21 assessments; 

22 ‘‘(F) the amount of time educators spend 

23 on assessment preparation; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
189 

•S 1177 PCS

1 ‘‘(G) the assessments that administrators, 

2 educators, parents, and students, if appropriate, 

3 do and do not find useful; 

4 ‘‘(H) the amount of time students spend 

5 taking the assessments; and 

6 ‘‘(I) other information as appropriate. 

7 ‘‘(6) STATE PLAN ON AUDIT FINDINGS.— 

8 ‘‘(A) PREPARING THE STATE PLAN.—Not 

9 later than 6 months after a State conducts an 

10 audit under paragraph (1) and based on the re11 sults of such audit, the State shall, in coordina12 tion with the local educational agencies under 

13 the jurisdiction of the State, prepare and sub14 mit to the Secretary, a plan to improve and 

15 streamline State assessment systems and local 

16 assessment systems, including through activities 

17 such as— 

18 ‘‘(i) eliminating any assessments that 

19 are not required by section 1111(b)(2) 

20 (such as by buying out the remainder of 

21 procurement contracts with assessment de22 velopers) and that— 

23 ‘‘(I) are low-quality; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
190 

•S 1177 PCS

1 ‘‘(II) are not aligned to the chal2 lenging State academic standards 

3 under section 1111(b)(1)); 

4 ‘‘(III) in the case of summative 

5 assessments used for accountability 

6 purposes, are not valid or reliable and 

7 are inconsistent with nationally recog8 nized professional and technical 

9 standards; 

10 ‘‘(IV) do not contribute to sys11 tems of improvement for teaching and 

12 learning; or 

13 ‘‘(V) are redundant; 

14 ‘‘(ii) supporting the dissemination of 

15 best practices from local educational agen16 cies or other States that have successfully 

17 improved assessment quality and efficiency 

18 to improve teaching and learning; 

19 ‘‘(iii) supporting local educational 

20 agencies or consortia of local educational 

21 agencies to carry out efforts to streamline 

22 local assessment systems and implementing 

23 a regular process of review and evaluation 

24 of assessment use in local educational 

25 agencies; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
191 

•S 1177 PCS

1 ‘‘(iv) disseminating the assessment 

2 data in an accessible and understandable 

3 format for educators, parents, and fami4 lies; and 

5 ‘‘(v) decreasing time between admin6 istering such State assessments and releas7 ing assessment data. 

8 ‘‘(B) CARRY OUT THE STATE PLAN.—A 

9 State shall carry out a State plan as soon as 

10 practicable after the State prepares such State 

11 plan under subparagraph (A) and during each 

12 grant period of a grant described in subsection 

13 (a)(2) that is awarded to the State. 

14 ‘‘(f) SUBGRANTS TO LOCAL EDUCATIONAL AGEN15 CIES.— 

16 ‘‘(1) IN GENERAL.—From the amount awarded 

17 to a State under this section, the State shall reserve 

18 not less than 20 percent of funds to make subgrants 

19 to local educational agencies in the State, or con20 sortia of such local educational agencies, based on 

21 demonstrated need in the agency’s or consortium’s 

22 application to improve assessment quality, use, and 

23 alignment with the challenging State academic 

24 standards under section 1111(b)(1). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
192 

•S 1177 PCS

1 ‘‘(2) LOCAL EDUCATIONAL AGENCY APPLICA2 TION.—Each local educational agency, or consortium 

3 of local educational agencies, seeking a subgrant 

4 under this subsection shall submit an application to 

5 the State at such time, in such manner, and con6 taining such other information as determined by the 

7 State. The application shall include a description of 

8 the agency’s or consortium’s needs to improve as9 sessment quality, use, and alignment (as described 

10 in paragraph (1)). 

11 ‘‘(3) USE OF FUNDS.—A subgrant awarded 

12 under this subsection to a local educational agency 

13 or consortium of such agencies may be used to— 

14 ‘‘(A) conduct an audit of local assessments 

15 under subsection (e)(1)(B); 

16 ‘‘(B) eliminate any assessments identified 

17 for elimination by such audit, such as by buying 

18 out the remainder of procurement contracts 

19 with assessment developers; 

20 ‘‘(C) disseminate the best practices de21 scribed in subsection (e)(6)(A)(ii); 

22 ‘‘(D) improve the capacity of school leaders 

23 and educators to disseminate assessment data 

24 in an accessible and understandable format for 


asabaliauskas on DSK5VPTVN1PROD with BILLS
193 

•S 1177 PCS

1 parents and families, including for children with 

2 disabilities or English learners; 

3 ‘‘(E) improve assessment delivery systems 

4 and schedules, including by increasing access to 

5 technology and exam proctors, where appro6 priate; 

7 ‘‘(F) hire instructional coaches, or promote 

8 educators who may receive increased compensa9 tion to serve as instructional coaches, to sup10 port educators to develop classroom-based as11 sessments, interpret assessment data, and de12 sign instruction; and 

13 ‘‘(G) provide for appropriate accommoda14 tions to maximize inclusion of children with dis15 abilities and English learners participating in 

16 assessments. 

17 ‘‘(g) DEFINITIONS.—In this section: 

18 ‘‘(1) LOCAL ASSESSMENT.—The term ‘local as19 sessment’ means an academic assessment selected 

20 and carried out by a local educational agency that 

21 is separate from an assessment required by section 

22 1111(b)(2). 

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

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

25 Commonwealth of Puerto Rico. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
194 

•S 1177 PCS

1 ‘‘SEC. 1204. FUNDING. 

2 ‘‘(a) NATIONAL ASSESSMENT OF EDUCATIONAL

3 PROGRESS.—For the purpose of administering the State 

4 assessments under the National Assessment of Edu5 cational Progress, there are authorized to be appropriated 

6 such sums as may be necessary for fiscal years 2016 

7 through 2021. 

8 ‘‘(b) ALLOTMENT OF APPROPRIATED FUNDS.— 

9 ‘‘(1) From amounts made available for each fis10 cal year under subsection 1002(b) that are equal to 

11 or less than the amount described in section 

12 1111(b)(2)(H), the Secretary shall— 

‘‘(A) reserve 1 13 ⁄2 of 1 percent for the Bu14 reau of Indian Education; 

‘‘(B) reserve 1 15 ⁄2 of 1 percent for the out16 lying areas; 

17 ‘‘(C) reserve not more than 20 percent to 

18 carry out section 1203; and 

19 ‘‘(D) from the remainder, allocate to each 

20 State for section 1201 an amount equal to— 

21 ‘‘(i) $3,000,000; and 

22 ‘‘(ii) with respect to any amounts re23 maining after the allocation is made under 

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

25 relationship to such total remaining 

26 amounts as the number of students aged 5 


asabaliauskas on DSK5VPTVN1PROD with BILLS
195 

•S 1177 PCS

1 through 17 in the State (as determined by 

2 the Secretary on the basis of the most re3 cent satisfactory data) bears to the total 

4 number of such students in all States. 

5 ‘‘(2) REMAINDER.—Any amounts made avail6 able for a fiscal year under subsection 1002(b) that 

7 are remaining after the Secretary carries out para8 graph (1) shall be made available as follows: 

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

10 to States selected for such grants, according to 

11 the quality, needs, and scope of the State appli12 cation under that section. 

13 ‘‘(ii) In determining the grant amount 

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

15 a State’s grant shall include an amount that 

16 bears the same relationship to the total funds 

17 available under this paragraph for the fiscal 

18 year as the number of students ages 5 through 

19 17 in the State (as determined by the Secretary 

20 on the basis of the most recent satisfactory 

21 data) bears to the total number of such stu22 dents in all States. 

23 ‘‘(B) Any amounts remaining after the 

24 Secretary awards funds under subparagraph 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
196 

•S 1177 PCS

1 receive a grant under such subparagraph, in an 

2 amount that bears the same relationship to the 

3 total funds available under this subparagraph 

4 as the number of students ages 5 through 17 

5 in 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 ‘‘(c) STATE DEFINED.—In this section, the term 

10 ‘State’ means each of the 50 States, the District of Colum11 bia, and the Commonwealth of Puerto Rico. 

12 ‘‘SEC. 1205. INNOVATIVE ASSESSMENT AND ACCOUNT13 ABILITY DEMONSTRATION AUTHORITY. 

14 ‘‘(a) INNOVATIVE ASSESSMENT SYSTEM DEFINED.— 

15 The term ‘innovative assessment system’ means a system 

16 of assessments that may include— 

17 ‘‘(1) competency-based assessments, 

18 instructionally embedded assessments, interim as19 sessments, cumulative year-end assessments, or per20 formance-based assessments that combine into an 

21 annual summative determination for a student, 

22 which may be administered through computer adapt23 ive assessments; and 

24 ‘‘(2) assessments that validate when students 

25 are ready to demonstrate mastery or proficiency and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
197 

•S 1177 PCS

1 allow for differentiated student support based on in2 dividual learning needs. 

3 ‘‘(b) DEMONSTRATION AUTHORITY.— 

4 ‘‘(1) IN GENERAL.—The Secretary may provide 

5 a State educational agency, in accordance with para6 graph (3), with the authority to establish an innova7 tive assessment system. 

8 ‘‘(2) DEMONSTRATION PERIOD.—Each author9 ization of demonstration authority under this section 

10 shall be for a period of 3 years. 

11 ‘‘(3) INITIAL DEMONSTRATION AUTHORITY; EX12 PANSION.— 

13 ‘‘(A) INITIAL PERIOD.—During the initial 

14 3-year period of demonstration authority under 

15 this section, the Secretary shall provide 5 State 

16 educational agencies, subject to meeting the ap17 plication requirements in subsection (c), with 

18 the authority described in paragraph (1). 

19 ‘‘(B) EXPANSION OF DEMONSTRATION AU20 THORITY.—After the end of the initial dem21 onstration period described in subparagraph 

22 (A), the Secretary may provide additional State 

23 educational agencies with demonstration au24 thority described in paragraph (1), if the SecVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
198 

•S 1177 PCS

1 retary determines that overall the innovative as2 sessment systems have— 

3 ‘‘(i) demonstrated progress for all stu4 dents, including at-risk students, through 

5 such measures as— 

6 ‘‘(I) increasing student achieve7 ment and improving academic out8 comes; 

9 ‘‘(II) increasing graduation rates 

10 for high schools; 

11 ‘‘(III) increasing retention rates 

12 of students in school; or 

13 ‘‘(IV) decreasing rates of remedi14 ation for students; 

15 ‘‘(ii) been developed in accordance 

16 with the requirements of subsection (c), in17 cluding substantial evidence that such sys18 tem meets such requirements; and 

19 ‘‘(iii) demonstrated that the same sys20 tem of assessments was used to measure 

21 the achievement of all students that par22 ticipated in the demonstration authority, 

23 and at least 95 percent of such students 

24 overall and in each of the categories of stu25 dents, as defined in section 1111(b)(3)(A), 


asabaliauskas on DSK5VPTVN1PROD with BILLS
199 

•S 1177 PCS

1 were assessed under the innovative assess2 ment system. 

3 ‘‘(c) APPLICATION.—A State educational agency that 

4 desires to participate in the program of demonstration au5 thority under this section shall submit an application to 

6 the Secretary at such time, in such manner, and con7 taining such information as the Secretary may reasonably 

8 require. Such application shall include a description of the 

9 innovative assessment system. In addition, the application 

10 shall include the following: 

11 ‘‘(1) A demonstration that the innovative as12 sessment system will— 

13 ‘‘(A) meet all the requirements of section 

14 1111(b)(2)(B), except the requirements of 

15 clauses (i) and (v) of such section; 

16 ‘‘(B) be aligned to the standards under 

17 section 1111(b)(1) and address the depth and 

18 breadth of the challenging State academic 

19 standards under such section; 

20 ‘‘(C) express student results or student 

21 competencies in terms consistent with the State 

22 aligned academic achievement standards; 

23 ‘‘(D) be able to generate comparable, valid, 

24 and reliable results for all students and for each 

25 category of students described in section 


asabaliauskas on DSK5VPTVN1PROD with BILLS
200 

•S 1177 PCS

1 1111(b)(2)(B)(xi), compared to the results for 

2 such students on the State assessments under 

3 section 1111(b)(2); 

4 ‘‘(E) be developed in collaboration with 

5 stakeholders representing the interests of chil6 dren with disabilities, English learners, and 

7 other vulnerable children, educators, including 

8 teachers, principals, and other school leaders, 

9 local educational agencies, and civil rights orga10 nizations in the State; 

11 ‘‘(F) be accessible to all students, such as 

12 by incorporating the principles of universal de13 sign for learning; 

14 ‘‘(G) provide educators, students, and par15 ents with timely data, disaggregated by each 

16 category of students described in section 

17 1111(b)(2)(B)(xi), to inform and improve in18 structional practice and student supports; 

19 ‘‘(H) be able to identify which students are 

20 not making progress toward the State’s aca21 demic achievement standards so that educators 

22 can provide instructional support and targeted 

23 intervention to all students to ensure every stu24 dent is making progress; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
201 

•S 1177 PCS

1 ‘‘(I) measure the annual progress of not 

2 less than 95 percent of all students and stu3 dents in each of the categories of students, as 

4 defined in section 1111(b)(3)(A), who are en5 rolled in each school that is participating in the 

6 innovative assessment system and are required 

7 to take assessments; 

8 ‘‘(J) generate an annual, summative 

9 achievement determination based on annual 

10 data for each individual student based on the 

11 challenging State academic standards under 

12 section 1111(b)(1) and be able to validly and 

13 reliably aggregate data from the innovative as14 sessment system for purposes of accountability, 

15 consistent with the requirements of section 

16 1111(b)(3), and reporting, consistent with the 

17 requirements of section 1111(d); and 

18 ‘‘(K) continue use of the high-quality 

19 statewide academic assessments required under 

20 section 1111(b)(2) if such assessments will be 

21 used for accountability purposes for the dura22 tion of the demonstration. 

23 ‘‘(2) A description of how the State educational 

24 agency will— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
202 

•S 1177 PCS

1 ‘‘(A) identify the distinct purposes for each 

2 assessment that is part of the innovative assess3 ment system; 

4 ‘‘(B) provide support and training to local 

5 educational agency and school staff to imple6 ment the innovative assessment system de7 scribed in this subsection; 

8 ‘‘(C) inform parents of students in partici9 pating local educational agencies about the in10 novative assessment system at the beginning of 

11 each school year during which the innovative 

12 assessment system will be implemented; 

13 ‘‘(D) engage and support teachers in devel14 oping and scoring assessments that are part of 

15 the innovative assessment system, including 

16 through the use of high-quality professional de17 velopment, standardized and calibrated scoring 

18 rubrics, and other strategies, consistent with 

19 relevant nationally recognized professional and 

20 technical standards, to ensure inter-rater reli21 ability and comparability; 

22 ‘‘(E) acclimate students to the innovative 

23 assessment system; 

24 ‘‘(F) ensure that students with the most 

25 significant cognitive disabilities may be assessed 


asabaliauskas on DSK5VPTVN1PROD with BILLS
203 

•S 1177 PCS

1 with alternate assessments consistent with sec2 tion 1111(b)(2)(D); 

3 ‘‘(G) if the State is proposing to admin4 ister the innovative assessment system initially 

5 in a subset of local educational agencies, scale 

6 up the innovative assessment system to admin7 ister such system statewide or with additional 

8 local educational agencies in the initial dem9 onstration and 2-year renewal period, if applica10 ble, including the timeline that explains the 

11 process for scaling to statewide implementation 

12 by either the end of the initial demonstration 

13 authority or the 2-year renewal period; 

14 ‘‘(H) gather data, solicit regular feedback 

15 from educators and parents, and assess the re16 sults of each year of the program of demonstra17 tion authority under this section, and respond 

18 by making needed changes to the innovative as19 sessment system; and 

20 ‘‘(I) report data from the innovative as21 sessment system annually to the Secretary, in22 cluding— 

23 ‘‘(i) demographics of participating 

24 local educational agencies, if such system 

25 is not statewide, and additional local eduVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
204 

•S 1177 PCS

1 cational agencies if added to the system 

2 during the course of the initial demonstra3 tion or 2-year renewal period; 

4 ‘‘(ii) performance of all participating 

5 students and for each category of students, 

6 as defined in section 1111(b)(3)(A), on the 

7 innovative assessment, consistent with the 

8 requirements in section 1111(d); and 

9 ‘‘(iii) feedback from teachers, prin10 cipals, other school leaders, and parents 

11 about their satisfaction with the innovative 

12 assessment system. 

13 ‘‘(3) A description of the State educational 

14 agency’s plan to— 

15 ‘‘(A) ensure that all students and each of 

16 the categories of students, as defined in section 

17 1111(b)(3)(A)— 

18 ‘‘(i) are held to the same high stand19 ard as other students in the State; and 

20 ‘‘(ii) receive the instructional support 

21 needed to meet challenging State academic 

22 standards; 

23 ‘‘(B) ensure that each local educational 

24 agency has the technological infrastructure to 


asabaliauskas on DSK5VPTVN1PROD with BILLS
205 

•S 1177 PCS

1 implement the innovative assessment system; 

2 and 

3 ‘‘(C) hold all participating schools in the 

4 local educational agencies participating in the 

5 program of demonstration authority account6 able for meeting the State’s expectations for 

7 student achievement. 

8 ‘‘(4) If the innovative assessment system will 

9 initially be administered in a subset of local edu10 cational agencies— 

11 ‘‘(A) a description of the local educational 

12 agencies within the State educational agency 

13 that will participate, including what criteria the 

14 State has for approving any additional local 

15 educational agencies to participate during the 

16 demonstration period; 

17 ‘‘(B) assurances from such local edu18 cational agencies that such agencies will comply 

19 with the requirements of this subsection; and 

20 ‘‘(C) a demonstration that the partici21 pating local educational agencies, as a group, 

22 will be demographically similar to the State as 

23 a whole. 

24 ‘‘(d) PEER REVIEW.—The Secretary shall— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
206 

•S 1177 PCS

1 ‘‘(1) implement a peer review process, which 

2 shall include a review team comprised of practi3 tioners and experts who are knowledgeable about the 

4 assessment innovation being proposed for all stu5 dents, including English learners and children with 

6 disabilities, to inform— 

7 ‘‘(A) the awarding, renewal, and expansion 

8 of the demonstration authority under this sec9 tion; and 

10 ‘‘(B) determinations about whether the in11 novative assessment system— 

12 ‘‘(i) is comparable, valid, reliable, of 

13 high technical quality, and consistent with 

14 relevant, nationally recognized professional 

15 and technical standards; and 

16 ‘‘(ii) provides an unbiased, rational, 

17 and consistent determination of progress 

18 toward annual goals for all students and 

19 schools; and 

20 ‘‘(2) make publicly available the applications 

21 submitted under subsection (c) and the peer review 

22 comments and recommendations regarding such ap23 plications. 

24 ‘‘(e) RENEWAL.—The Secretary may renew an au25 thorization of demonstration authority under this subVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
207 

•S 1177 PCS

1 section for an additional 2 years if the State educational 

2 agency demonstrates with evidence that the State edu3 cational agency’s innovative assessment system is con4 tinuing to meet the requirements of subsection (c). 

5 ‘‘(f) USE OF INNOVATIVE ASSESSMENT SYSTEM.—A 

6 State may, during the initial 3-year demonstration period 

7 or 2-year renewal period, include results from the innova8 tive assessment systems developed under this authority in 

9 accountability determinations for each student in the par10 ticipating local educational agencies instead of, or in addi11 tion to, those from the assessment system under section 

12 1111(b)(2), provided the State demonstrates that the 

13 State has met the requirements in subsection (c). The 

14 State shall continue to meet all other requirements of sec15 tion 1111(b)(3). 

16 ‘‘(g) AUTHORITY WITHDRAWN.—The Secretary shall 

17 withdraw the authorization for demonstration authority 

18 provided to a State educational agency under this section 

19 and any participating local educational agency or the 

20 State as a whole shall return to the statewide assessment 

21 system under section 1111(b)(2) if, at any point after the 

22 3-year demonstration period described in subsection (b)(2) 

23 or 2-year renewal period described in subsection (e), the 

24 State educational agency cannot present to the Secretary 


asabaliauskas on DSK5VPTVN1PROD with BILLS
208 

•S 1177 PCS

1 a body of substantial evidence that the innovative assess2 ment system developed under this section— 

3 ‘‘(1) meets requirements of subsection (c); 

4 ‘‘(2) includes all students attending schools par5 ticipating in the demonstration authority, including 

6 each of the categories of students, as defined in sec7 tion 1111(b)(3)(A), in the innovative assessment 

8 system demonstration; 

9 ‘‘(3) provides an unbiased, rational, and con10 sistent determination of progress toward annual 

11 goals for schools, which are comparable to deter12 minations under section 1111(b)(3)(B)(iii) across 

13 the State in which the local educational agencies are 

14 located; 

15 ‘‘(4) presents a high-quality plan to transition 

16 to full statewide use of the innovative assessment 

17 system by the end of the initial demonstration period 

18 and 2-year renewal, if the innovative assessment sys19 tem will initially be administered in a subset of local 

20 educational agencies; and 

21 ‘‘(5) is equivalent to the statewide assessments 

22 under section 1111(b)(2) in content coverage, dif23 ficulty, and quality. 

24 ‘‘(h) TRANSITION.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
209 

•S 1177 PCS

1 ‘‘(1) IN GENERAL.—If, after the initial dem2 onstration and renewal period, the State educational 

3 agency has met all the requirements of this section, 

4 such entity shall be permitted to operate the innova5 tive assessment system approved under the program 

6 of demonstration authority under this section for the 

7 purposes of paragraphs (2) and (3) of section 

8 1111(b). 

9 ‘‘(2) WAIVER AUTHORITY.—If, after the initial 

10 demonstration and renewal period, the State has 

11 met all of the requirements of this section, except 

12 transition to full statewide use for States that will 

13 initially administer an innovative assessment system 

14 in a subset of local educational agencies, and con15 tinues to comply with the other requirements of this 

16 section, and demonstrates a high-quality plan for 

17 transition to statewide use in a reasonable period of 

18 time, the State may request, and the Secretary shall 

19 review such request, a delay of the withdrawal of au20 thority under subsection (g) for the purpose of pro21 viding the State time necessary to implement the in22 novative assessment system statewide. 

23 ‘‘(i) AVAILABLE FUNDS.—A State may use funds 

24 available under section 1201 to carry out this section. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
210 

•S 1177 PCS

1 ‘‘(j) RULE OF CONSTRUCTION.—A consortium of 

2 States may apply to participate in the program of dem3 onstration authority under this section and the Secretary 

4 may provide each State member of such consortium with 

5 such authority if each such State member meets all of the 

6 requirements of this section.’’. 

7 SEC. 1013. EDUCATION OF MIGRATORY CHILDREN. 

8 Part C of title I (20 U.S.C. 6391 et seq.) is amend9 ed— 

10 (1) in section 1301— 

11 (A) in paragraph (2), by striking ‘‘State 

12 academic content and student academic achieve13 ment standards’’ and inserting ‘‘challenging 

14 State academic standards’’; 

15 (B) in paragraph (4), by striking ‘‘State 

16 academic content and student academic achieve17 ment standards’’ and inserting ‘‘State academic 

18 standards’’; and 

19 (C) in paragraph (5), by inserting ‘‘with20 out the need for postsecondary remediation’’ 

21 after ‘‘employment’’; 

22 (2) in section 1303— 

23 (A) by striking subsection (a) and insert24 ing the following: 

25 ‘‘(a) STATE ALLOCATIONS.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
211 

•S 1177 PCS

1 ‘‘(1) BASE AMOUNT.— 

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

3 subsection (b) and subparagraph (B), each 

4 State (other than the Commonwealth of Puerto 

5 Rico) is entitled to receive under this part, for 

6 fiscal year 2003 and succeeding fiscal years, an 

7 amount equal to— 

8 ‘‘(i) the amount that such State re9 ceived under this part for fiscal year 2002; 

10 plus 

11 ‘‘(ii) the amount allocated to the State 

12 under paragraph (2). 

13 ‘‘(B) NONPARTICIPATING STATES.—In the 

14 case of a State (other than the Commonwealth 

15 of Puerto Rico) that did not receive any funds 

16 for fiscal year 2002 under this part, the State 

17 shall receive, for fiscal year 2003 and suc18 ceeding fiscal years, an amount equal to— 

19 ‘‘(i) the amount that such State would 

20 have received under this part for fiscal 

21 year 2002 if its application under section 

22 1304 for the year had been approved; plus 

23 ‘‘(ii) the amount allocated to the State 

24 under paragraph (2). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
212 

•S 1177 PCS

1 ‘‘(2) ALLOCATION OF ADDITIONAL AMOUNT.— 

2 For fiscal year 2003 and succeeding fiscal years, the 

3 amount (if any) by which the funds appropriated to 

4 carry out this part for the year exceed such funds 

5 for fiscal year 2002 shall be allocated to a State 

6 (other than the Commonwealth of Puerto Rico) so 

7 that the State receives an amount equal to— 

8 ‘‘(A) the sum of— 

9 ‘‘(i) the number of identified eligible 

10 migratory children, aged 3 through 21, re11 siding in the State during the previous 

12 year; and 

13 ‘‘(ii) the number of identified eligible 

14 migratory children, aged 3 through 21, 

15 who received services under this part in 

16 summer or intercession programs provided 

17 by the State during such year; multiplied 

18 by 

19 ‘‘(B) 40 percent of the average per-pupil 

20 expenditure in the State, except that the 

21 amount determined under this subparagraph 

22 may not be less than 32 percent, or more than 

23 48 percent, of the average per-pupil expenditure 

24 in the United States.’’; 

25 (B) in subsection (c)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
213 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
214 

•S 1177 PCS

1 (C) in subsection (d)(3)(B), by striking 

2 ‘‘welfare or educational attainment’’ and insert3 ing ‘‘academic achievement’’; and 

4 (D) 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 out 

23 of school migratory children’’ 

24 after ‘‘including preschool migra25 tory children’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
215 

•S 1177 PCS

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,’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
216 

•S 1177 PCS

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,’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
217 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
218 

•S 1177 PCS

1 (D) in subsection (e)(3), by striking ‘‘sec2 ondary school students’’ and inserting ‘‘stu3 dents’’; 

4 (4) in section 1305(a), by inserting ‘‘, to the ex5 tent practicable,’’ after ‘‘shall’’; 

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— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
219 

•S 1177 PCS

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 a migratory’’; 

20 (BB) by striking ‘‘sys21 tems’’ and inserting ‘‘sys22 tem’’; 

23 (CC) by inserting 

24 ‘‘within and’’ before ‘‘among 

25 the States’’; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
220 

•S 1177 PCS

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.’’; and 

10 (cc) in clause (ii), by strik11 ing ‘‘required’’; 

12 (II) by redesignating subpara13 graph (B) as subparagraph (C); 

14 (III) by inserting after subpara15 graph (A) the following: 

16 ‘‘(B) CONSULTATION.—The Secretary 

17 shall maintain ongoing consultation with the 

18 States, local educational agencies, and other mi19 gratory student service providers on— 

20 ‘‘(i) the effectiveness of the system de21 scribed in subparagraph (A); and 

22 ‘‘(ii) the ongoing improvement of such 

23 system.’’; and 

24 (IV) in subparagraph (C), as re25 designated by subclause (II)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
221 

•S 1177 PCS

1 (aa) by striking ‘‘the pro2 posed data elements’’ and insert3 ing ‘‘any new proposed data ele4 ments’’; and 

5 (bb) by striking ‘‘Such pub6 lication shall occur not later than 

7 120 days after the date of enact8 ment of the No Child Left Be9 hind Act of 2001.’’; and 

10 (iii) by striking paragraph (4); 

11 (8) in section 1309— 

12 (A) in paragraph (1)(B), by striking ‘‘non13 profit’’; and 

14 (B) by striking paragraph (2) and insert15 ing the following: 

16 ‘‘(2) MIGRATORY AGRICULTURAL WORKER.— 

17 The term ‘migratory agricultural worker’ means an 

18 individual who made a qualifying move in the pre19 ceding 36 months and, after doing so, engaged in 

20 new temporary or seasonal employment or personal 

21 subsistence in agriculture, which may be dairy work 

22 or the initial processing of raw agricultural products. 

23 If an individual did not engage in such new employ24 ment soon after a qualifying move, such individual 

25 may be considered a migratory agricultural worker if 


asabaliauskas on DSK5VPTVN1PROD with BILLS
222 

•S 1177 PCS

1 the individual actively sought new employment and 

2 has a recent history of moves for agricultural em3 ployment. 

4 ‘‘(3) MIGRATORY CHILD.—The term ‘migratory 

5 child’ means a child or youth who made a qualifying 

6 move in the preceding 36 months— 

7 ‘‘(A) as a migratory agricultural worker or 

8 a migratory fisher; or 

9 ‘‘(B) with, or to join, a parent or spouse 

10 who is a migratory agricultural worker or a mi11 gratory fisher. 

12 ‘‘(4) MIGRATORY FISHER.—The term ‘migra13 tory fisher’ means an individual who made a quali14 fying move in the preceding 36 months and, after 

15 doing so, engaged in new temporary or seasonal em16 ployment or personal subsistence in fishing. If the 

17 individual did not engage in such new employment 

18 soon after the move, the individual may be consid19 ered a migratory fisher if the individual actively 

20 sought new employment and has a recent history of 

21 moves for fishing work. 

22 ‘‘(5) QUALIFYING MOVE.—The term ‘qualifying 

23 move’ means a move due to economic necessity— 

24 ‘‘(A) from one residence to another resi25 dence; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
223 

•S 1177 PCS

1 ‘‘(B) from one school district to another 

2 school district, except— 

3 ‘‘(i) in the case of a State that is com4 prised of a single school district, wherein a 

5 qualifying move is from one administrative 

6 area to another within such district; 

7 ‘‘(ii) in the case of a school district of 

8 more than 15,000 square miles, wherein a 

9 qualifying move is a distance of 20 miles 

10 or more to a temporary residence to en11 gage in a fishing activity; or 

12 ‘‘(iii) in a case in which another ex13 ception applies, as defined by the Sec14 retary.’’. 

15 SEC. 1014. PREVENTION AND INTERVENTION PROGRAMS 

16 FOR CHILDREN AND YOUTH WHO ARE NE17 GLECTED, DELINQUENT, OR AT-RISK. 

18 Part D of title I (20 U.S.C. 6421 et seq.) is amend19 ed— 

20 (1) in section 1401(a)— 

21 (A) in paragraph (1)— 

22 (i) by inserting ‘‘, tribal,’’ after 

23 ‘‘youth in local’’; and 

24 (ii) by striking ‘‘challenging State aca25 demic content standards and challenging 


asabaliauskas on DSK5VPTVN1PROD with BILLS
224 

•S 1177 PCS

1 State student academic achievement stand2 ards’’ and inserting ‘‘challenging State 

3 academic standards’’; and 

4 (B) in paragraph (3), by inserting ‘‘and 

5 the involvement of their families and commu6 nities’’ after ‘‘to ensure their continued edu7 cation’’; 

8 (2) in section 1412(b), by striking paragraph 

9 (2) and inserting the following: 

10 ‘‘(2) MINIMUM PERCENTAGE.—The percentage 

11 in paragraph (1)(A) shall not be less than 85 per12 cent.’’; 

13 (3) in section 1414— 

14 (A) in subsection (a)— 

15 (i) in paragraph (1)(B), by striking 

16 ‘‘from correctional facilities to locally oper17 ated programs’’ and inserting ‘‘between 

18 correctional facilities and locally operated 

19 programs’’; and 

20 (ii) in paragraph (2)— 

21 (I) in subparagraph (A)— 

22 (aa) by striking ‘‘the pro23 gram goals, objectives, and per24 formance measures established 

25 by the State’’ and inserting ‘‘the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
225 

•S 1177 PCS

1 program objectives and outcomes 

2 established by the State’’; and 

3 (bb) by striking ‘‘vocational’’ 

4 and inserting ‘‘career’’; 

5 (II) in subparagraph (B), by 

6 striking ‘‘and’’ after the semicolon; 

7 and 

8 (III) in subparagraph (C)— 

9 (aa) in clause (i), by insert10 ing ‘‘and’’ after the semicolon; 

11 (bb) by striking clause (ii) 

12 and redesignating clause (iii) as 

13 clause (ii); 

14 (cc) by striking clause (iv); 

15 and 

16 (dd) by adding at the end 

17 the following: 

18 ‘‘(D) provide assurances that the State 

19 educational agency has established— 

20 ‘‘(i) procedures to ensure the prompt 

21 re-enrollment of each student who has been 

22 placed in the juvenile justice system in sec23 ondary school or in a re-entry program 

24 that best meets the needs of the student, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
226 

•S 1177 PCS

1 including the transfer of credits that such 

2 students earn during placement; and 

3 ‘‘(ii) opportunities for such students 

4 to participate in higher education or career 

5 pathways.’’; and 

6 (B) in subsection (c)— 

7 (i) in paragraph (1)— 

8 (I) by inserting ‘‘and respond to’’ 

9 after ‘‘to assess’’; and 

10 (II) by inserting ‘‘and to the ex11 tent practicable, provide for an assess12 ment upon entry into a correctional 

13 facility’’ after ‘‘to be served under this 

14 subpart’’; 

15 (ii) in paragraph (6)— 

16 (I) by striking ‘‘carry out the 

17 evaluation requirements of section 

18 9601 and how’’ and inserting ‘‘use’’; 

19 (II) by inserting ‘‘under section 

20 9601’’ after ‘‘recent evaluation’’; and 

21 (III) by striking ‘‘will be used’’; 

22 (iii) in paragraph (8), by striking ‘‘vo23 cational’’ and inserting ‘‘career’’; 

24 (iv) in paragraph (9)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
227 

•S 1177 PCS

1 (I) by inserting ‘‘and following’’ 

2 after ‘‘youth prior to’’; and 

3 (II) by inserting ‘‘and, to the ex4 tent practicable, to ensure that transi5 tion plans are in place’’ after ‘‘the 

6 local educational agency or alternative 

7 education program’’; 

8 (v) in paragraph (11), by striking 

9 ‘‘transition of children and youth from 

10 such facility or institution to’’ and insert11 ing ‘‘transition of such children and youth 

12 between such facility or institution and’’; 

13 (vi) in paragraph (16), by inserting 

14 ‘‘and obtain a high school diploma’’ after 

15 ‘‘to encourage the children and youth to 

16 reenter school’’; and 

17 (vii) in paragraph (17), by inserting 

18 ‘‘certified or licensed’’ after ‘‘provides an 

19 assurance that’’; 

20 (4) in section 1415— 

21 (A) in subsection (a)— 

22 (i) in paragraph (1)(B)— 

23 (I) by inserting ‘‘, without the 

24 need for remediation,’’ after ‘‘transi25 tion to’’; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
228 

•S 1177 PCS

1 (II) by striking ‘‘vocational or 

2 technical training’’ and inserting ‘‘ca3 reer and technical education’’; and 

4 (ii) in paragraph (2)— 

5 (I) by striking subparagraph (A), 

6 and inserting: 

7 ‘‘(A) may include— 

8 ‘‘(i) the acquisition of equipment; and 

9 ‘‘(ii) pay for success initiatives that 

10 produce a measurable, clearly defined out11 come that results in social benefit and di12 rect cost savings to the local, State, or 

13 Federal Government;’’; 

14 (II) in subparagraph (B)— 

15 (aa) in clause (i), by striking 

16 ‘‘content standards and student 

17 academic achievement’’; and 

18 (bb) in clause (iii)— 

19 (AA) by striking ‘‘chal20 lenging State academic 

21 achievement standards’’ and 

22 inserting ‘‘challenging State 

23 academic standards’’; and 

24 (BB) by inserting 

25 ‘‘and’’ after the semicolon; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
229 

•S 1177 PCS

1 (III) in subparagraph (C)— 

2 (aa) by striking ‘‘section 

3 1120A’’ and inserting ‘‘section 

4 1117’’; and 

5 (bb) by striking ‘‘; and’’ and 

6 inserting a period; and 

7 (IV) by striking subparagraph 

8 (D); and 

9 (B) in subsection (b), by striking ‘‘section 

10 1120A’’ and inserting ‘‘section 1117’’; 

11 (5) in section 1416— 

12 (A) in paragraph (3)— 

13 (i) by striking ‘‘challenging State aca14 demic content standards and student aca15 demic achievement standards’’ and insert16 ing ‘‘challenging State academic stand17 ards’’; and 

18 (ii) by striking ‘‘complete secondary 

19 school, attain a secondary diploma’’ and 

20 inserting ‘‘attain a high school diploma’’; 

21 (B) in paragraph (4)— 

22 (i) by striking ‘‘pupil’’ and inserting 

23 ‘‘specialized instructional support’’; and 

24 (ii) by inserting ‘‘and, to the extent 

25 practicable, the development and impleVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
230 

•S 1177 PCS

1 mentation of transition plans’’ after ‘‘chil2 dren and youth described in paragraph 

3 (1)’’; and 

4 (C) in paragraph (6), by striking ‘‘student 

5 progress’’ and inserting ‘‘and improve student 

6 achievement’’; 

7 (6) in section 1418(a)— 

8 (A) by striking paragraph (1) and insert9 ing the following: 

10 ‘‘(1) projects that facilitate the transition of 

11 children and youth between State-operated institu12 tions, or institutions in the State operated by the 

13 Secretary of the Interior, and schools served by local 

14 educational agencies or schools operated or funded 

15 by the Bureau of Indian Education; or’’; and 

16 (B) in paragraph (2)— 

17 (i) by striking ‘‘vocational’’ each place 

18 the term appears and inserting ‘‘career’’; 

19 and 

20 (ii) in the matter preceding subpara21 graph (A)— 

22 (I) by striking ‘‘secondary’’ and 

23 inserting ‘‘high’’; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
231 

•S 1177 PCS

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 ‘‘, and 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 SecVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
232 

•S 1177 PCS

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), by striking ‘‘voca16 tional’’ and inserting ‘‘career’’; 

17 (E) by striking paragraph (11) and insert18 ing the following: 

19 ‘‘(11) as appropriate, a description of how the 

20 local educational agency and schools will address the 

21 educational needs of children and youth who return 

22 from institutions for neglected and delinquent chil23 dren and youth or from correctional institutions and 

24 attend regular or alternative schools;’’; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
233 

•S 1177 PCS

1 (F) in paragraph (12), by striking ‘‘par2 ticipating schools’’ and inserting ‘‘the local edu3 cational agency’’; 

4 (11) in section 1424— 

5 (A) in paragraph (2), by striking ‘‘, includ6 ing’’ and all that follows through ‘‘gang mem7 bers’’; 

8 (B) in paragraph (4)— 

9 (i) by striking ‘‘vocational’’ and in10 serting ‘‘career’’; and 

11 (ii) by striking ‘‘and’’ after the semi12 colon; and 

13 (C) in paragraph (5), by striking the pe14 riod at the end and inserting a semicolon; and 

15 (D) by inserting the following after para16 graph (5): 

17 ‘‘(6) programs for at-risk Indian children and 

18 youth, including such children and youth in correc19 tional facilities in the area served by the local edu20 cational agency that are operated by the Secretary 

21 of the Interior or Indian tribes; and 

22 ‘‘(7) pay for success initiatives that produce a 

23 measurable, clearly defined outcome that results in 

24 social benefit and direct cost savings to the local, 

25 State, or Federal government.’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
234 

•S 1177 PCS

1 (12) in section 1425— 

2 (A) in paragraph (4)— 

3 (i) by inserting ‘‘and obtain a high 

4 school diploma’’ after ‘‘reenter school’’; 

5 and 

6 (ii) by striking ‘‘or seek a secondary 

7 school diploma or its recognized equiva8 lent’’; 

9 (B) in paragraph (6), by striking ‘‘high 

10 academic achievement standards’’ and inserting 

11 ‘‘the challenging State academic standards’’; 

12 (C) in paragraph (9), by striking ‘‘voca13 tional’’ and inserting ‘‘career’’; 

14 (D) in paragraph (10), by striking ‘‘and’’ 

15 after the semicolon; 

16 (E) in paragraph (11), by striking the pe17 riod at the end and inserting a semicolon; and 

18 (F) by adding at the end the following: 

19 ‘‘(12) to the extent practicable, develop an ini20 tial educational services and transition plan for each 

21 child or youth served under this subpart upon entry 

22 into the correctional facility, in partnership with the 

23 child’s or youth’s family members and the local edu24 cational agency that most recently provided services 


asabaliauskas on DSK5VPTVN1PROD with BILLS
235 

•S 1177 PCS

1 to the child or youth (if applicable), consistent with 

2 section 1414(a)(1); and 

3 ‘‘(13) consult with the local educational agency 

4 for a period jointly determined necessary by the cor5 rectional facility and local educational agency upon 

6 discharge from that facility, to coordinate edu7 cational services so as to minimize disruption to the 

8 child’s or youth’s achievement.’’; 

9 (13) in section 1426(2), by striking ‘‘sec10 ondary’’ and inserting ‘‘high’’; 

11 (14) in section 1431(a)— 

12 (A) by striking ‘‘secondary’’ each place the 

13 term appears and inserting ‘‘high’’; 

14 (B) in paragraph (1), by inserting ‘‘and to 

15 graduate high school in the standard number of 

16 years’’ after ‘‘educational achievement’’; and 

17 (C) in paragraph (3), by inserting ‘‘or 

18 school operated or funded by the Bureau of In19 dian Education’’ after ‘‘local educational agen20 cy’’; and 

21 (15) in section 1432(2)— 

22 (A) by striking ‘‘has limited English pro23 ficiency’’ and inserting ‘‘is an English learner’’; 

24 and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
236 

•S 1177 PCS

1 (B) by striking ‘‘or has a high absenteeism 

2 rate at school.’’ and inserting ‘‘has a high ab3 senteeism rate at school, or has other life condi4 tions that make the individual at high risk for 

5 dependency or delinquency adjudication.’’. 

6 SEC. 1015. GENERAL PROVISIONS. 

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

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

9 (2) by redesignating part I as part E; 

10 (3) by striking sections 1907 and 1908; 

11 (4) by redesignating sections 1901, 1902, 1903, 

12 1905, and 1906 as sections 1501, 1502, 1503, 1504, 

13 and 1505, respectively; 

14 (5) in section 1501, as redesignated by para15 graph (4)— 

16 (A) in subsection (a), by inserting ‘‘, in ac17 cordance with subsections (b) through (d),’’ 

18 after ‘‘may issue’’; 

19 (B) in subsection (b)— 

20 (i) in paragraph (1), by inserting 

21 ‘‘principals, other school leaders,’’ after 

22 ‘‘teachers,’’; 

23 (ii) in paragraph (2), by adding at the 

24 end the following: ‘‘All information from 

25 such regional meetings and electronic exVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
237 

•S 1177 PCS

1 changes shall be made public in an easily 

2 accessible manner to interested parties.’’; 

3 (iii) in paragraph (3)(A), by striking 

4 ‘‘standards and assessments’’ and inserting 

5 ‘‘standards, assessments, the State ac6 countability system under section 

7 1111(b)(3), school intervention and sup8 port under section 1114, and the require9 ment that funds be supplemented and not 

10 supplanted under section 1117;’’; 

11 (iv) by striking paragraph (4) and in12 serting the following: 

13 ‘‘(4) PROCESS.—Such process shall not be sub14 ject to the Federal Advisory Committee Act, but 

15 shall, unless otherwise provided as described in sub16 section (c), follow the provisions of the Negotiated 

17 Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).’’; 

18 and 

19 (v) by striking paragraph (5) and in20 serting the following: 

21 ‘‘(5) EMERGENCY SITUATION.—In an emer22 gency situation in which regulations to carry out this 

23 title must be issued within a very limited time to as24 sist State educational agencies and local educational 

25 agencies with the operation of a program under this 


asabaliauskas on DSK5VPTVN1PROD with BILLS
238 

•S 1177 PCS

1 title, the Secretary may issue a proposed regulation 

2 without following such process but shall— 

3 ‘‘(A) designate the proposed regulation as 

4 an emergency with an explanation of the emer5 gency in a notice provided to Congress; 

6 ‘‘(B) publish the duration of the comment 

7 and review period in such notice and in the 

8 Federal Register; and 

9 ‘‘(C) conduct regional meetings to review 

10 such proposed regulation before issuing any 

11 final regulation.’’; 

12 (C) by redesignating subsection (c) as sub13 section (d); 

14 (D) by inserting after subsection (b) the 

15 following: 

16 ‘‘(c) ALTERNATIVE PROCESS IF FAILURE TO REACH

17 CONSENSUS.—If consensus, as defined in section 562 of 

18 title 5, United States Code, on any proposed regulation 

19 is not reached by the individuals selected under paragraph 

20 (3)(B) for the negotiated rulemaking process, or if the 

21 Secretary determines that a negotiated rulemaking proc22 ess is unnecessary, the Secretary may propose a regulation 

23 in the following manner: 

24 ‘‘(1) NOTICE TO CONGRESS.—Not less than 30 

25 days prior to issuing a notice of proposed ruleVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
239 

•S 1177 PCS

1 making in the Federal Register, the Secretary shall 

2 provide to the Committee on Health, Education, 

3 Labor, and Pensions of the Senate, the Committee 

4 on Education and the Workforce of the House of 

5 Representatives, and other relevant congressional 

6 committees, notice of the Secretary’s intent to issue 

7 a notice of proposed rulemaking that shall include— 

8 ‘‘(A) a copy of the regulation to be pro9 posed; 

10 ‘‘(B) a justification of the need to issue a 

11 regulation; 

12 ‘‘(C) the anticipated burden, including the 

13 time, cost, and paperwork burden, the regula14 tions will have on State educational agencies, 

15 local educational agencies, schools, and other 

16 entities that may be impacted by the regulation; 

17 ‘‘(D) the anticipated benefits to State edu18 cational agencies, local educational agencies, 

19 schools, and other entities that may be im20 pacted by the regulation; 

21 ‘‘(E) any regulations that will be repealed 

22 when the new regulations are issued; and 

23 ‘‘(F) an opportunity to comment on the in24 formation in subparagraphs (A) through (E). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
240 

•S 1177 PCS

1 ‘‘(2) COMMENT PERIOD FOR CONGRESS.—The 

2 Secretary shall provide Congress with a 15-day pe3 riod, beginning after the date on which the Secretary 

4 provided the notice of any proposed rulemaking to 

5 Congress under paragraph (1), to make comments 

6 on the proposed rule. After addressing all comments 

7 received from Congress during such period, the Sec8 retary may proceed with the rulemaking process 

9 under section 553 of title 5, United States Code, as 

10 modified by this section. 

11 ‘‘(3) PUBLIC COMMENT AND REVIEW PERIOD.— 

12 The public comment and review period for any pro13 posed regulation shall be not less than 90 days un14 less an emergency requires a shorter period, in 

15 which case the Secretary shall comply with the proc16 ess outlined in subsection (b)(5). 

17 ‘‘(4) ASSESSMENT.—No regulation shall be 

18 made final after the comment and review period de19 scribed in paragraph (3) until the Secretary has 

20 published in the Federal Register— 

21 ‘‘(A) an assessment of the proposed regula22 tion that— 

23 ‘‘(i) includes a representative sam24 pling of local educational agencies based on 

25 enrollment, geographic diversity (including 


asabaliauskas on DSK5VPTVN1PROD with BILLS
241 

•S 1177 PCS

1 suburban, urban, and rural local edu2 cational agencies), and other factors im3 pacted by the proposed regulation; 

4 ‘‘(ii) addresses the burden, including 

5 the time, cost, and paperwork burden, that 

6 the regulation will impose on State edu7 cational agencies, local educational agen8 cies, schools, and other entities that may 

9 be impacted by the regulation; 

10 ‘‘(iii) addresses the benefits to State 

11 educational agencies, local educational 

12 agencies, schools, and other entities that 

13 may be impacted by the regulation; and 

14 ‘‘(iv) thoroughly addresses, based on 

15 the comments received during the comment 

16 and review period under paragraph (3), 

17 whether the rule is financially and oper18 ationally viable at the local level; and 

19 ‘‘(B) an explanation of how the entities de20 scribed in subparagraph (A)(ii) may cover the 

21 cost of the burden assessed under such sub22 paragraph.’’; and 

23 (E) by inserting after subsection (d), as re24 designated by subparagraph (C), the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
242 

•S 1177 PCS

1 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec2 tion affects the applicability of subchapter II of chapter 

3 5, and chapter 7, of title 5, United States Code (commonly 

4 known as the ‘Administrative Procedure Act’) or chapter 

5 8 of title 5, United States Code (commonly known as the 

6 ‘Congressional Review Act’).’’; 

7 (6) in section 1502(a), as redesignated by para8 graph (4), 

9 (A) by striking ‘‘section 1901’’ and insert10 ing ‘‘section 1501’’; and 

11 (B) by striking ‘‘or provides a written’’ 

12 and all that follows through the period at the 

13 end and inserting ‘‘or where negotiated rule14 making is not pursued, shall conform to section 

15 1501(c).’’; and 

16 (7) in section 1503, as redesignated by para17 graph (4)— 

18 (A) in subsection (a)(2), by striking ‘‘stu19 dent academic achievement’’ and inserting 

20 ‘‘academic’’; and 

21 (B) in subsection (b)(2)— 

22 (i) in subparagraph (C), by striking ‘‘, 

23 including vocational educators’’; 

24 (ii) in subparagraph (F), by striking 

25 ‘‘and’’ after the semicolon; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
243 

•S 1177 PCS

1 (iii) by striking subparagraph (G) and 

2 inserting the following: 

3 ‘‘(G) specialized instructional support per4 sonnel; 

5 ‘‘(H) representatives of charter schools, as 

6 appropriate; and 

7 ‘‘(I) paraprofessionals.’’. 

8 SEC. 1016. REPORT ON EDUCATIONAL STABILITY OF CHIL9 DREN IN FOSTER CARE. 

10 (a) IN GENERAL.—Not later than 2 years after the 

11 date of the enactment of this Act, the Secretary of Edu12 cation and the Secretary of Health and Human Services 

13 shall submit to the appropriate committees of Congress 

14 a report that— 

15 (1) describes any barriers to coordination be16 tween local educational agencies and child welfare 

17 agencies, including in Federal law or regulation, 

18 such as the Fostering Connections to Success and 

19 Increasing Adoptions Act of 2008 (Public Law 110– 

20 351; 122 Stat. 3949); 

21 (2) describes the benefits and challenges of 

22 keeping a foster care child in the school of origin 

23 when such child moves to a new school attendance 

24 area as a result of being placed in foster care, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
244 

•S 1177 PCS

1 changing foster care placements, or leaving foster 

2 care, including— 

3 (A) the academic impact of increased sta4 bility as a result of such child remaining in the 

5 school of origin; 

6 (B) challenges for local educational agen7 cies and child welfare agencies as a result of 

8 such child remaining in the school of origin, in9 cluding challenges associated with transpor10 tation; 

11 (C) estimates of transportation costs if 

12 such child stays in the school of origin; and 

13 (D) an analysis of the most appropriate 

14 entity to pay transportation costs for a foster 

15 care child who is changing or leaving place16 ments and remaining in the school of origin; 

17 (3) examines barriers to credit transfer, includ18 ing awarding partial credit for coursework, for a 

19 child in foster care who is changing schools; 

20 (4) examines the impact on local educational 

21 agencies of a local educational agency designating an 

22 individual as a point of contact for a child welfare 

23 agency, including— 

24 (A) the entity most suited to having the re25 sponsibility for outreach on behalf of the eduVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
245 

•S 1177 PCS

1 cation of a child in foster care enrolled in a 

2 school; and 

3 (B) the benefits and limitations of desig4 nating the local educational agency liaison 

5 under section 722(g)(1)(J)(ii) of the McKinney6 Vento Homeless Assistance Act (42 U.S.C. 

7 11432(g)(1)(J)(ii)) as the same point of contact 

8 at the local educational agency for children in 

9 foster care; 

10 (5) describes the impact of removing children 

11 who are awaiting foster care placement from cov12 erage under subtitle B of title VII of the McKinney13 Vento Homeless Assistance Act (42 U.S.C. 11431 et 

14 seq.); and 

15 (6) examines the extent to which the child wel16 fare system takes into account a child’s educational 

17 stability when determining such child’s foster care 

18 placement. 

19 (b) DEFINITIONS.—For the purposes of this section: 

20 (1) CHILD IN FOSTER CARE.—The term ‘‘child 

21 in foster care’’ means a child whose care and place22 ment is the responsibility of the agency that admin23 isters a State plan under part B or E of title IV of 

24 the Social Security Act (42 U.S.C. 621 et seq., 670 

25 et seq.), without regard to whether foster care mainVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
246 

•S 1177 PCS

1 tenance payments are made under section 472 of the 

2 Social Security Act (42 U.S.C. 672) on behalf of the 

3 child. 

4 (2) SCHOOL OF ORIGIN.—The term ‘‘school of 

5 origin’’ means, with respect to a child in foster care, 

6 any of the following: 

7 (A) The public school in which the child 

8 was enrolled prior to entry into foster care. 

9 (B) The public school in which the child is 

10 enrolled when a change in foster care placement 

11 occurs. 

12 (C) The public school the child attended 

13 when last permanently housed, as such term is 

14 used in section 722(g)(3)(G) of the McKinney15 Vento Homeless Assistance Act (42 U.S.C. 

16 11432(g)(3)(G)), if such child was eligible for 

17 assistance under such Act before the child be18 came a child in foster care. 

19 SEC. 1017. REPORT ON SUBGROUP SAMPLE SIZE. 

20 (a) REPORT.—Not later than 90 days after the date 

21 of enactment of this Act, the Director of the Institute of 

22 Education Sciences shall publish a report on best practices 

23 for determining valid, reliable, and statistically significant 

24 minimum numbers of students for each of the categories 

25 of students, as defined in section 1111(b)(3)(A) of the ElVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
247 

•S 1177 PCS

1 ementary and Secondary Education Act of 1965 (20 

2 U.S.C. 6311(b)(3)(A)) (as amended by this Act), for the 

3 purposes of inclusion as categories of students in an ac4 countability system described in section 1111(b)(3) of the 

5 Elementary and Secondary Education Act of 1965 (20 

6 U.S.C. 6311(b)(3)) (as amended by this Act) and how 

7 such minimum number that is determined will not reveal 

8 personally identifiable information about students. 

9 (b) PUBLIC DISSEMINATION.—The Director of the 

10 Institute of Education Sciences shall work with the De11 partment of Education’s existing technical assistance pro12 viders and dissemination networks to ensure that the re13 port described under subsection (a) is widely dissemi14 nated— 

15 (1) to the public, State educational agencies, 

16 local educational agencies, and schools; and 

17 (2) through electronic transfer and other 

18 means, such as posting the report on the website of 

19 the Institute of Education Sciences or in another 

20 relevant place. 

21 TITLE II—HIGH-QUALITY TEACH22 ERS, PRINCIPALS, AND 

23 OTHER SCHOOL LEADERS 

24 SEC. 2001. TRANSFER OF CERTAIN PROVISIONS. 

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


asabaliauskas on DSK5VPTVN1PROD with BILLS
248 

•S 1177 PCS

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

2 II (20 U.S.C. 6731 et seq.) as subpart 3 of part F 

3 of title IX, as redesignated by section 9106(1), and 

4 moving that subpart to the end of part F of title IX; 

5 (2) by redesignating sections 2361 through 

6 2368 as sections 9541 through 9548, respectively; 

7 (3) in section 9546(b), as redesignated by para8 graph (2), by striking the matter following para9 graph (2) and inserting the following: 

10 ‘‘(3) A State law that makes a limitation of li11 ability inapplicable if the civil action was brought by 

12 an officer of a State or local government pursuant 

13 to State or local law.’’; 

14 (4) by redesignating subpart 4 of part D of title 

15 II as subpart 4 of part F of title IX, as redesignated 

16 by section 9105(1), and moving that subpart to fol17 low subpart 3 of part F of title IX, as redesignated 

18 and moved by paragraph (1); 

19 (5) by redesignating section 2441 as section 

20 9551; and 

21 (6) by striking the subpart heading of subpart 

22 4 of part F of title IX, as redesignated by paragraph 

23 (5), and inserting the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
249 

•S 1177 PCS

1 ‘‘Subpart 4—Internet Safety’’. 

2 SEC. 2002. FUND FOR THE IMPROVEMENT OF TEACHING 

3 AND LEARNING. 

4 The Act (20 U.S.C. 6301 et seq.) is amended by 

5 striking title II (as amended by section 2001) and insert6 ing the following: 

7 ‘‘TITLE II—PREPARING, TRAIN8 ING, AND RECRUITING HIGH9 QUALITY TEACHERS, PRIN10 CIPALS, AND OTHER SCHOOL 

11 LEADERS 

12 ‘‘SEC. 2001. PURPOSE. 

13 ‘‘The purpose of this title is to improve student aca14 demic achievement by— 

15 ‘‘(1) increasing the ability of local educational 

16 agencies, schools, teachers, principals, and other 

17 school leaders to provide a well-rounded and com18 plete education for all students; 

19 ‘‘(2) improving the quality and effectiveness of 

20 teachers, principals, and other school leaders; 

21 ‘‘(3) increasing the number of teachers, prin22 cipals, and other school leaders who are effective in 

23 improving student academic achievement in schools; 

24 and 

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

26 students are served by effective teachers, principals, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
250 

•S 1177 PCS

1 and other school leaders and have access to a high2 quality instructional program. 

3 ‘‘SEC. 2002. DEFINITIONS. 

4 ‘‘In this title: 

5 ‘‘(1) SCHOOL LEADER RESIDENCY PROGRAM.— 

6 The term ‘school leader residency program’ means a 

7 school-based principal, school leader, or principal 

8 and school leader preparation program in which a 

9 prospective principal or school leader— 

10 ‘‘(A) for 1 academic year, engages in sus11 tained and rigorous clinical learning with sub12 stantial leadership responsibilities and an op13 portunity to practice and be evaluated in an au14 thentic school setting; and 

15 ‘‘(B) during that academic year— 

16 ‘‘(i) participates in research-based 

17 coursework that is integrated with the clin18 ical residency experience; and 

19 ‘‘(ii) receives ongoing support from a 

20 mentor principal or school leader who is ef21 fective. 

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

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

24 Commonwealth of Puerto Rico. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
251 

•S 1177 PCS

1 ‘‘(3) TEACHER RESIDENCY PROGRAM.—The 

2 term ‘teacher residency program’ means a school3 based teacher preparation program in which a pro4 spective teacher— 

5 ‘‘(A) for not less than 1 academic year, 

6 teaches alongside an effective teacher, as deter7 mined by a teacher evaluation system imple8 mented under part A (if applicable), who is the 

9 teacher of record for the classroom; 

10 ‘‘(B) receives concurrent instruction during 

11 the year described in subparagraph (A)— 

12 ‘‘(i) through courses that may be 

13 taught by local educational agency per14 sonnel or by faculty of the teacher prepara15 tion program; and 

16 ‘‘(ii) in the teaching of the content 

17 area in which the teacher will become cer18 tified or licensed; and 

19 ‘‘(C) acquires effective teaching skills, as 

20 demonstrated through completion of a residency 

21 program, or other measure determined by the 

22 State, which may include a teacher performance 

23 assessment. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
252 

•S 1177 PCS

1 ‘‘SEC. 2003. AUTHORIZATION OF APPROPRIATIONS. 

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

3 AGENCIES.—For the purposes of carrying out part A 

4 (other than section 2105), there are authorized to be ap5 propriated such sums as may be necessary for each of fis6 cal years 2016 through 2021. 

7 ‘‘(b) NATIONAL ACTIVITIES.—For the purposes of 

8 carrying out activities authorized under section 2105, 

9 there are authorized to be appropriated such sums as may 

10 be necessary for each of fiscal years 2016 through 2021. 

11 ‘‘(c) TEACHER AND SCHOOL LEADER INCENTIVE

12 FUND.—For the purposes of carrying out part B, there 

13 are authorized to be appropriated such sums as may be 

14 necessary for each of fiscal years 2016 through 2021. 

15 ‘‘(d) AMERICAN HISTORY AND CIVICS EDUCATION.— 

16 For the purposes of carrying out part C, there are author17 ized to be appropriated such sums as may be necessary 

18 for each of fiscal years 2016 through 2021. 

19 ‘‘(e) LITERACY EDUCATION FOR ALL, RESULTS FOR

20 THE NATION.—For the purposes of carrying out part D, 

21 there are authorized to be appropriated such sums as may 

22 be necessary for each of fiscal years 2016 through 2021. 

23 ‘‘(f) STEM INSTRUCTION AND STUDENT ACHIEVE24 MENT.—For the purposes of carrying out part E, there 

25 are authorized to be appropriated such sums as may be 

26 necessary for each of fiscal years 2016 through 2021. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
253 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
254 

•S 1177 PCS

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.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
255 

•S 1177 PCS

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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
256 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
257 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
258 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
259 

•S 1177 PCS

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; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
260 

•S 1177 PCS

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— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
261 

•S 1177 PCS

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— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
262 

•S 1177 PCS

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, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
263 

•S 1177 PCS

1 such as school leadership, mentoring, 

2 involvement with school improvement, 

3 and instructional coaching; 

4 ‘‘(II) strategies that provide dif5 ferential pay, or other incentives, to 

6 recruit and retain teachers in high7 need academic subjects and teachers, 

8 principals, or other school leaders, in 

9 low-income schools and school dis10 tricts, which may include perform11 ance-based pay systems; and 

12 ‘‘(III) new teacher, principal, and 

13 other school leader induction and 

14 mentoring programs that are evi15 dence-based and designed to— 

16 ‘‘(aa) improve classroom in17 struction and student learning 

18 and achievement; 

19 ‘‘(bb) increase the retention 

20 of effective teachers, principals, 

21 and other school leaders; 

22 ‘‘(cc) improve school leader23 ship to improve classroom in24 struction and student learning 

25 and achievement; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
264 

•S 1177 PCS

1 ‘‘(dd) provide opportunities 

2 for teachers, principals, and 

3 other school leaders who are ex4 perienced, effective, and have 

5 demonstrated an ability to work 

6 with adult learners to be men7 tors. 

8 ‘‘(viii) Providing assistance to local 

9 educational agencies for— 

10 ‘‘(I) the development and imple11 mentation of high-quality professional 

12 development programs for principals 

13 that enable the principals to be effec14 tive and prepare all students to meet 

15 the challenging State academic stand16 ards described in section 1111(b)(1); 

17 and 

18 ‘‘(II) the development and sup19 port of other school leadership pro20 grams to develop educational leaders. 

21 ‘‘(ix) Supporting efforts to train 

22 teachers, principals, and other school lead23 ers to effectively integrate technology into 

24 curricula and instruction, which may in25 clude blended learning projects that inVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
265 

•S 1177 PCS

1 clude an element of online learning, com2 bined with supervised learning time and 

3 student-led learning, in which the elements 

4 are connected to provide an integrated 

5 learning experience. 

6 ‘‘(x) Providing training, technical as7 sistance, and capacity-building to local 

8 educational agencies that receive a 

9 subgrant under this part. 

10 ‘‘(xi) Supporting teacher, principal, 

11 and other school leader residency pro12 grams. 

13 ‘‘(xii) Reforming or improving teach14 er, principal, and other school leader prep15 aration programs. 

16 ‘‘(xiii) Supporting the instructional 

17 services provided by school librarians. 

18 ‘‘(xiv) Supporting other activities 

19 identified by the State that are evidence20 based and that meet the purpose of this 

21 title. 

22 ‘‘(d) STATE PLAN.— 

23 ‘‘(1) IN GENERAL.—In order to receive an allot24 ment under this section for any fiscal year, a State 

25 shall submit a plan to the Secretary, at such time, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
266 

•S 1177 PCS

1 in such manner, and containing such information as 

2 the Secretary may reasonably require. 

3 ‘‘(2) CONTENTS.—Each plan described under 

4 paragraph (1) shall include the following: 

5 ‘‘(A) A description of how the State edu6 cational agency will use funds received under 

7 this title for State-level activities described in 

8 subsection (c). 

9 ‘‘(B) A description of the State’s system of 

10 certification, licensing, and professional growth 

11 and improvement, such as clinical experience 

12 for prospective educators, support for new edu13 cators, professional development, professional 

14 growth and leadership opportunities, and com15 pensation systems for teachers, principals, and 

16 other educators. 

17 ‘‘(C) A description of how activities under 

18 this part are aligned with challenging State aca19 demic standards and State assessments under 

20 section 1111, which may include, as appro21 priate, relevant State early learning and devel22 opmental guidelines, as required under section 

23 658E(c)(2)(T) of the Child Care and Develop24 ment Block Grant Act of 1990 (42 U.S.C. 

25 9858c(c)(2)(T)). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
267 

•S 1177 PCS

1 ‘‘(D) A description of how the activities 

2 using funds under this part are expected to im3 prove student achievement. 

4 ‘‘(E) If a State educational agency plans 

5 to use funds under this part to improve equi6 table access to effective teachers, principals, 

7 and other school leaders, a description of how 

8 such funds will be used to meet the State’s 

9 commitment described in section 1111(c)(1)(F) 

10 to ensure equitable access to effective teachers, 

11 principals, and school leaders. 

12 ‘‘(F) An assurance that the State edu13 cational agency will monitor the implementation 

14 of activities under this part and provide tech15 nical assistance to local educational agencies in 

16 carrying out such activities. 

17 ‘‘(G) An assurance that the State edu18 cational agency will work in consultation with 

19 the entity responsible for teacher and principal 

20 professional standards, certification, and licens21 ing for the State, and encourage collaboration 

22 between educator preparation programs, the 

23 State, and local educational agencies to promote 

24 the readiness of new educators entering the 

25 profession. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
268 

•S 1177 PCS

1 ‘‘(H) A description of how the State edu2 cational agency will improve the skills of teach3 ers, principals, and other school leaders in order 

4 to enable them to identify students with specific 

5 learning needs, particularly students with dis6 abilities, English learners, students who are 

7 gifted and talented, and students with low lit8 eracy levels, and provide instruction based on 

9 the needs of such students. 

10 ‘‘(I) A description of how the State will use 

11 data and ongoing consultation with and input 

12 from teachers and teacher organizations, prin13 cipals, other school leaders, specialized instruc14 tional support personnel, parents, community 

15 partners, and (where applicable) institutions of 

16 higher education, to continually update and im17 prove the activities supported under this part. 

18 ‘‘(3) CONSULTATION.—In developing the State 

19 plan under this subsection, a State shall— 

20 ‘‘(A) involve teachers, teacher organiza21 tions, principals, other school leaders, special22 ized instructional support personnel, parents, 

23 community partners, and other organizations or 

24 partners with relevant and demonstrated experVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
269 

•S 1177 PCS

1 tise in programs and activities designed to meet 

2 the purpose of this title; and 

3 ‘‘(B) seek advice from the individuals, or4 ganizations, or partners described in subpara5 graph (A) regarding how best to improve the 

6 State’s activities to meet the purpose of this 

7 title; and 

8 ‘‘(C) coordinate the State’s activities under 

9 this part with other related strategies, pro10 grams, and activities being conducted in the 

11 State. 

12 ‘‘(e) 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 mandate, di15 rect, or control any of the following: 

16 ‘‘(1) The development, improvement, or imple17 mentation of elements of any teacher, principal, or 

18 school leader evaluation systems. 

19 ‘‘(2) Any State or local educational agency’s 

20 definition of teacher, principal, or other school lead21 er effectiveness. 

22 ‘‘(3) Any teacher, principal, or other school 

23 leader professional standards, certification, or licens24 ing. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
270 

•S 1177 PCS

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 fisVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
271 

•S 1177 PCS

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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
272 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
273 

•S 1177 PCS

1 served by ineffective teachers, principals, 

2 and other school leaders; 

3 ‘‘(iii) ensuring that low-income and 

4 minority students have access to a high5 quality instructional program and appro6 priate class sizes that are evidence-based; 

7 ‘‘(iv) hiring, retention, and advance8 ment and leadership opportunities for ef9 fective teachers, principals, and other 

10 school leaders; 

11 ‘‘(v) supporting and developing all 

12 educators, including preschool, kinder13 garten, elementary, middle, or high school 

14 teachers (including special education teach15 ers), principals, other school leaders, early 

16 childhood directors, specialized instruc17 tional support personnel, paraprofessionals, 

18 or other staff members who provide or di19 rectly support instruction; 

20 ‘‘(vi) understanding and using data 

21 and assessments to improve student learn22 ing and classroom practice; 

23 ‘‘(vii) improving student behavior, in24 cluding the response of teachers, prin25 cipals, and other school leaders to student 


asabaliauskas on DSK5VPTVN1PROD with BILLS
274 

•S 1177 PCS

1 behavior, in the classroom and school, in2 cluding the identification of early and ap3 propriate interventions, which may include 

4 positive behavioral interventions and sup5 ports; 

6 ‘‘(viii) teaching students who are 

7 English learners, children who are in early 

8 childhood education programs, children 

9 with disabilities, American Indian children, 

10 Alaskan Native children, and gifted and 

11 talented students; 

12 ‘‘(ix) ensuring funds are used to sup13 port schools served by the local educational 

14 agency that are identified under section 

15 1114(a)(1)(A) and schools with high per16 centages or numbers of children counted 

17 under section 1124(c); 

18 ‘‘(x) improving the academic and non19 academic skills of all students essential for 

20 learning readiness and academic success; 

21 and 

22 ‘‘(xi) any other evidence-based factors 

23 that the local educational agency deter24 mines are appropriate to meet the needs of 

25 schools within the jurisdiction of the local 


asabaliauskas on DSK5VPTVN1PROD with BILLS
275 

•S 1177 PCS

1 educational agency and meet the purpose 

2 of this title. 

3 ‘‘(3) CONSULTATION.— 

4 ‘‘(A) IN GENERAL.—In conducting a needs 

5 assessment described in paragraph (2), a local 

6 educational agency shall— 

7 ‘‘(i) involve teachers, teacher organi8 zations, principals, and other school lead9 ers, specialized instructional support per10 sonnel, parents, community partners, and 

11 others with relevant and demonstrated ex12 pertise in programs and activities designed 

13 to meet the purpose of this title; and 

14 ‘‘(ii) take into account the activities 

15 that need to be conducted in order to give 

16 teachers, principals, and other school lead17 ers the skills to provide students with the 

18 opportunity to meet challenging State aca19 demic standards described in section 

20 1111(b)(1). 

21 ‘‘(B) CONTINUED CONSULTATION.—A local 

22 educational agency receiving a subgrant under 

23 this section shall consult with such individuals 

24 and organizations described in subparagraph 

25 (A) on an ongoing basis in order to— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
276 

•S 1177 PCS

1 ‘‘(i) seek advice regarding how best to 

2 improve the local educational agency’s ac3 tivities to meet the purpose of this title; 

4 and 

5 ‘‘(ii) coordinate the local educational 

6 agency’s activities under this part with 

7 other related strategies, programs, and ac8 tivities being conducted in the community. 

9 ‘‘(4) CONTENTS OF APPLICATION.—Each appli10 cation submitted under paragraph (1) shall be based 

11 on the results of the needs assessment required 

12 under paragraph (2) and shall include the following: 

13 ‘‘(A) A description of the results of the 

14 comprehensive needs assessment carried out 

15 under paragraph (2). 

16 ‘‘(B) A description of the activities to be 

17 carried out by the local educational agency 

18 under this section and how these activities will 

19 be aligned with the challenging State academic 

20 standards described in section 1111(b)(1). 

21 ‘‘(C) A description of how such activities 

22 will comply with the principles of effectiveness 

23 described in section 2103(c). 

24 ‘‘(D) A description of the activities, includ25 ing professional development, that will be made 


asabaliauskas on DSK5VPTVN1PROD with BILLS
277 

•S 1177 PCS

1 available to meet needs identified by the needs 

2 assessment described in paragraph (2). 

3 ‘‘(E) A description of the local educational 

4 agency’s systems of hiring and professional 

5 growth and improvement, such as induction for 

6 teachers, principals, and other school leaders. 

7 ‘‘(F) A description of how the local edu8 cational agency will support efforts to train 

9 teachers, principals, and other school leaders to 

10 effectively integrate technology into curricula 

11 and instruction. 

12 ‘‘(G) A description of how the local edu13 cational agency will prioritize funds to schools 

14 served by the agency that are identified under 

15 section 1114(a)(1)(A) and have the highest per16 centage or number of children counted under 

17 section 1124(c). 

18 ‘‘(H) Where a local educational agency has 

19 a significant number of schools identified under 

20 section 1114(a)(1)(A), as determined by the 

21 State, a description of how the local educational 

22 agency will seek the input of the State edu23 cational agency in planning and implementing 

24 activities under this part. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
278 

•S 1177 PCS

1 ‘‘(I) An assurance that the local edu2 cational agency will comply with section 9501 

3 (regarding participation by private school chil4 dren and teachers). 

5 ‘‘(J) An assurance that the local edu6 cational agency will coordinate professional de7 velopment activities authorized under this part 

8 with professional development activities pro9 vided through other Federal, State, and local 

10 programs. 

11 ‘‘SEC. 2103. LOCAL USE OF FUNDS. 

12 ‘‘(a) IN GENERAL.—A local educational agency that 

13 receives a subgrant under section 2102 shall use the funds 

14 made available through the subgrant to develop, imple15 ment, and evaluate comprehensive, evidence-based pro16 grams and activities described in subsection (b), which 

17 may be carried out through a grant or contract with a 

18 for-profit or nonprofit entity, in partnership with an insti19 tution of higher education, or in partnership with an In20 dian tribe or tribal organization (as defined under section 

21 4 of the Indian Self-Determination and Education Assist22 ance Act (25 U.S.C. 450b)). 

23 ‘‘(b) TYPES OF ACTIVITIES.—The activities described 

24 in this subsection— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
279 

•S 1177 PCS

1 ‘‘(1) shall meet the needs identified in the needs 

2 assessment described in section 2102(b)(2); 

3 ‘‘(2) shall be in accordance with the purpose of 

4 this title, evidence-based, and consistent with the 

5 principles of effectiveness described in subsection 

6 (c); 

7 ‘‘(3) shall address the learning needs of all stu8 dents, including children with disabilities, English 

9 learners, and gifted and talented students; and 

10 ‘‘(4) may include, among other programs and 

11 activities— 

12 ‘‘(A) developing or improving a rigorous, 

13 transparent, and fair evaluation and support 

14 system for teachers, principals, and other school 

15 leaders that is based in part on evidence of stu16 dent achievement, which may include student 

17 growth, and shall include multiple measures of 

18 educator performance and provide clear, timely, 

19 and useful feedback to teachers, principals, and 

20 other schools leaders; 

21 ‘‘(B) developing and implementing initia22 tives to assist in recruiting, hiring, and retain23 ing highly effective teachers, principals, and 

24 other school leaders, particularly in low-income 

25 schools with high percentages of ineffective 


asabaliauskas on DSK5VPTVN1PROD with BILLS
280 

•S 1177 PCS

1 teachers and high percentages of students who 

2 do not meet the challenging State academic 

3 standards described in section 1111(b)(1), to 

4 improve within-district equity in the distribu5 tion of teachers, principals, and school leaders 

6 consistent with the requirements of section 

7 1111(c)(1)(F), such as initiatives that pro8 vide— 

9 ‘‘(i) expert help in screening can10 didates and enabling early hiring; 

11 ‘‘(ii) differential and incentive pay for 

12 teachers, principals, and other school lead13 ers in high-need academic subject areas 

14 and specialty areas, which may include 

15 performance-based pay systems; 

16 ‘‘(iii) teacher, paraprofessional, prin17 cipal, and other school leader advancement 

18 and professional growth, and an emphasis 

19 on leadership opportunities, multiple career 

20 paths and pay differentiation; 

21 ‘‘(iv) new teacher, principal, and other 

22 school leader induction and mentoring pro23 grams that are designed to— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
281 

•S 1177 PCS

1 ‘‘(I) improve classroom instruc2 tion and student learning and achieve3 ment; 

4 ‘‘(II) increase the retention of ef5 fective teachers, principals, and other 

6 school leaders; 

7 ‘‘(III) improve school leadership 

8 to improve classroom instruction and 

9 student learning and achievement; 

10 and 

11 ‘‘(IV) provide opportunities for 

12 mentor teachers, principals, and other 

13 educators who are experienced, effec14 tive, and have demonstrated an ability 

15 to work with adult learners; 

16 ‘‘(v) the development and provision of 

17 training for school leaders, coaches, men18 tors and evaluators on how to accurately 

19 differentiate performance, provide useful 

20 feedback, and use evaluation results to in21 form decisionmaking about professional de22 velopment, improvement strategies, and 

23 personnel decisions; and 

24 ‘‘(vi) a system for auditing the quality 

25 of evaluation and support systems; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
282 

•S 1177 PCS

1 ‘‘(C) recruiting qualified individuals from 

2 other fields to become teachers, principals, or 

3 other school leaders including mid-career pro4 fessionals from other occupations, former mili5 tary personnel, and recent graduates of institu6 tions of higher education with a record of aca7 demic distinction who demonstrate potential to 

8 become effective teachers, principals, or other 

9 school leaders; 

10 ‘‘(D) reducing class size to an evidence11 based level to improve student achievement 

12 through the recruiting and hiring of additional 

13 effective teachers; 

14 ‘‘(E) providing high-quality, personalized 

15 professional development for teachers, instruc16 tional leadership teams, principals, and other 

17 school leaders, focused on improving teaching 

18 and student learning and achievement, includ19 ing supporting efforts to train teachers, prin20 cipals, and other school leaders to— 

21 ‘‘(i) effectively integrate technology 

22 into curricula and instruction; 

23 ‘‘(ii) use data from such technology to 

24 improve student achievement; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
283 

•S 1177 PCS

1 ‘‘(iii) effectively engage parents, fami2 lies and community partners, and coordi3 nate services between school and commu4 nity; and 

5 ‘‘(iv) help all students develop the 

6 academic and nonacademic skills essential 

7 for learning readiness and academic suc8 cess; 

9 ‘‘(F) developing programs and activities 

10 that increase the ability of teachers to effec11 tively teach children with disabilities, including 

12 children with significant cognitive disabilities, 

13 which may include the use of multi-tier systems 

14 of support and positive behavioral intervention 

15 and supports, and students who are English 

16 learners, so that such children with disabilities 

17 and students who are English learners can meet 

18 the challenging State academic standards de19 scribed in section 1111(b)(1); 

20 ‘‘(G) providing programs and activities to 

21 increase the knowledge base of teachers and 

22 principals on instruction in the early grades, 

23 and strategies to measure whether young chil24 dren are progressing, which may include pro25 viding joint professional learning activities for 


asabaliauskas on DSK5VPTVN1PROD with BILLS
284 

•S 1177 PCS

1 school staff and educators in preschool pro2 grams that address the transition to elementary 

3 school; 

4 ‘‘(H) providing training, technical assist5 ance, and capacity-building in local educational 

6 agencies to assist teachers and school leaders 

7 with selecting and implementing formative as8 sessments, designing classroom-based assess9 ments, and in using data from such assess10 ments to improve instruction and student aca11 demic achievement, which may include pro12 viding additional time for teachers to review 

13 student data and respond, as appropriate; 

14 ‘‘(I) supporting teacher, principal, and 

15 school leader residency programs; 

16 ‘‘(J) reforming or improving teacher, prin17 cipal, and other school leader preparation pro18 grams; 

19 ‘‘(K) carrying out in-service training for 

20 school personnel in— 

21 ‘‘(i) the techniques and supports need22 ed for early identification of children with 

23 trauma histories, and children with, or at 

24 risk of, mental illness; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
285 

•S 1177 PCS

1 ‘‘(ii) the use of referral mechanisms 

2 that effectively link such children to appro3 priate treatment and intervention services 

4 in the school and in the community, where 

5 appropriate; and 

6 ‘‘(iii) forming partnerships between 

7 school-based mental health programs and 

8 public or private mental health organiza9 tions; 

10 ‘‘(L) providing training to support the 

11 identification of students who are gifted and 

12 talented, including high-ability students who 

13 have not been formally identified for gifted edu14 cation services, and implementing instructional 

15 practices that support the education of such 

16 students, such as early entrance to kinder17 garten, enrichment, acceleration, and cur18 riculum compacting activities, and dual enroll19 ment in secondary school and postsecondary 

20 education; 

21 ‘‘(M) supporting the instructional services 

22 provided by school librarians; 

23 ‘‘(N) providing general liability insurance 

24 coverage for teachers related to actions per25 formed in the scope of their duties; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
286 

•S 1177 PCS

1 ‘‘(O) carrying out other evidence-based ac2 tivities identified by the local educational agen3 cies that meet the purpose of this title. 

4 ‘‘(c) PRINCIPLES OF EFFECTIVENESS.— 

5 ‘‘(1) IN GENERAL.—For a program or activity 

6 supported with funds provided under this part to 

7 meet the principles of effectiveness, such program or 

8 activity shall— 

9 ‘‘(A) be based upon an assessment of ob10 jective data regarding the need for programs 

11 and activities in the schools to be served to— 

12 ‘‘(i) increase the number of teachers, 

13 principals, and other school leaders who 

14 are effective in improving student academic 

15 achievement; 

16 ‘‘(ii) ensure that low-income and mi17 nority students are served by effective 

18 teachers, principals, and other school lead19 ers; and 

20 ‘‘(iii) ensure that low-income and mi21 nority students have access to a high-qual22 ity instructional program; 

23 ‘‘(B) be based upon established and evi24 dence-based criteria— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
287 

•S 1177 PCS

1 ‘‘(i) aimed at ensuring that all stu2 dents receive a high-quality education 

3 taught by effective teachers and attend 

4 schools led by effective principals and other 

5 school leaders; and 

6 ‘‘(ii) that result in improved student 

7 academic achievement in the school served 

8 by the program or activity; and 

9 ‘‘(C) include meaningful and ongoing con10 sultation with and input from teachers, teacher 

11 organizations, principals, other school leaders, 

12 specialized instructional support personnel, par13 ents, community partners, and (where applica14 ble) institutions of higher education, in the de15 velopment of the application and administration 

16 of the program or activity. 

17 ‘‘(2) PERIODIC EVALUATION.— 

18 ‘‘(A) IN GENERAL.—A program or activity 

19 carried out under this section shall undergo a 

20 periodic evaluation to assess its progress toward 

21 achieving the goal of providing students with a 

22 high-quality education, taught by effective 

23 teachers, in schools led by effective principals 

24 and school leaders that results in improved stu25 dent academic achievement. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
288 

•S 1177 PCS

1 ‘‘(B) USE OF RESULTS.—The results of an 

2 evaluation described in subparagraph (A) shall 

3 be— 

4 ‘‘(i) used to refine, improve, and 

5 strengthen the program or activity, and to 

6 refine the criteria described in paragraph 

7 (1)(B); and 

8 ‘‘(ii) made available to the public upon 

9 request, with public notice of such avail10 ability provided. 

11 ‘‘(3) PROHIBITION.—Nothing in this subsection 

12 shall be construed to authorize the Secretary or any 

13 other officer or employee of the Federal Government 

14 to mandate, direct, or control the principles of effec15 tiveness developed by local educational agencies 

16 under paragraph (1) or the specific programs or ac17 tivities that will be implemented by a local edu18 cational agency. 

19 ‘‘SEC. 2104. REPORTING. 

20 ‘‘(a) STATE REPORT.—Each State educational agen21 cy receiving funds under this part shall annually submit 

22 to the Secretary a report that provides— 

23 ‘‘(1) the number and percent of teachers, prin24 cipals, and other school leaders in the State and 

25 each local educational agency in the State who are 


asabaliauskas on DSK5VPTVN1PROD with BILLS
289 

•S 1177 PCS

1 licensed or certified, provided such information does 

2 not reveal personally identifiable information; 

3 ‘‘(2) the first-time passage rate of teachers and 

4 principals in the State and each local educational 

5 agency in the State on teacher and principal licen6 sure examinations, provided such information does 

7 not reveal personally identifiable information; 

8 ‘‘(3) a description of how chosen professional 

9 development activities improved teacher and prin10 cipal performance; and 

11 ‘‘(4) if funds are used under this part to im12 prove equitable access to teachers, principals, and 

13 other school leaders for low-income and minority 

14 students, a description of how funds have been used 

15 to improve such access. 

16 ‘‘(b) LOCAL EDUCATIONAL AGENCY REPORT.—Each 

17 local educational agency receiving funds under this part 

18 shall submit to the State educational agency such informa19 tion that the State requires, which shall include the infor20 mation described in subsection (a) for the local edu21 cational agency. 

22 ‘‘(c) AVAILABILITY.—The reports and information 

23 provided under subsections (a) and (b) shall be made read24 ily available to the public. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
290 

•S 1177 PCS

1 ‘‘(d) LIMITATION.—The reports and information pro2 vided under subsections (a) and (b) shall not reveal per3 sonally identifiable information about any individual. 

4 ‘‘SEC. 2105. NATIONAL ACTIVITIES OF DEMONSTRATED EF5 FECTIVENESS. 

6 ‘‘(a) IN GENERAL.—From the funds appropriated 

7 under section 2003(b) to carry out this section, the Sec8 retary— 

9 ‘‘(1) may reserve not more than 20 percent to 

10 carry out activities under subsection (b); 

11 ‘‘(2) shall reserve not less than 40 percent to 

12 carry out activities under subsection (c); and 

13 ‘‘(3) shall reserve not less than 40 percent to 

14 carry out activities under subsection (d). 

15 ‘‘(b) TECHNICAL ASSISTANCE AND NATIONAL EVAL16 UATION.—From the funds reserved by the Secretary 

17 under subsection (a)(1), the Secretary may carry out— 

18 ‘‘(1) technical assistance to States and local 

19 educational agencies carrying out activities under 

20 this part, which may be carried out directly or 

21 through grants and contracts; and 

22 ‘‘(2) evaluations of activities carried out by 

23 States and local educational agencies under this 

24 part, which shall be conducted by a third party or 

25 by the Institute of Education Sciences. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
291 

•S 1177 PCS

1 ‘‘(c) PROGRAMS OF NATIONAL SIGNIFICANCE.— 

2 ‘‘(1) IN GENERAL.—From the funds reserved 

3 by the Secretary under subsection (a)(2), the Sec4 retary shall award grants, on a competitive basis, to 

5 eligible entities for the purposes of— 

6 ‘‘(A) providing teachers, principals, and 

7 other school leaders from nontraditional prepa8 ration and certification routes or pathways to 

9 serve in traditionally underserved local edu10 cational agencies; 

11 ‘‘(B) providing evidence-based professional 

12 development activities that addresses literacy, 

13 numeracy, remedial, or other needs of local edu14 cational agencies and the students the agencies 

15 serve; 

16 ‘‘(C) making freely available services and 

17 learning opportunities to local educational agen18 cies, through partnerships and cooperative 

19 agreements or by making the services or oppor20 tunities publicly accessible through electronic 

21 means; or 

22 ‘‘(D) providing teachers, principals, and 

23 other school leaders with evidence-based profes24 sional enhancement activities, which may inVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
292 

•S 1177 PCS

1 clude activities that lead to an advanced creden2 tial. 

3 ‘‘(2) PROGRAM PERIODS AND DIVERSITY OF

4 PROJECTS.— 

5 ‘‘(A) IN GENERAL.—A grant awarded by 

6 the Secretary to an eligible entity under this 

7 subsection shall be for a period of not more 

8 than 3 years. 

9 ‘‘(B) RENEWAL.—The Secretary may 

10 renew a grant awarded under this subsection 

11 for 1 additional 2-year period. 

12 ‘‘(C) DIVERSITY OF PROJECTS.—In award13 ing grants under this subsection, the Secretary 

14 shall ensure that, to the extent practicable, 

15 grants are distributed among eligible entities 

16 that will serve geographically diverse areas, in17 cluding urban, suburban, and rural areas. 

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

19 not award more than 1 grant under this sub20 section to an eligible entity during a grant com21 petition. 

22 ‘‘(3) COST-SHARING.— 

23 ‘‘(A) IN GENERAL.—An eligible entity that 

24 receives a grant under this subsection shall pro25 vide, from non-Federal sources, not less than 


asabaliauskas on DSK5VPTVN1PROD with BILLS
293 

•S 1177 PCS

1 25 percent of the funds for the total cost for 

2 each year of activities carried out under this 

3 subsection. 

4 ‘‘(B) ACCEPTABLE CONTRIBUTIONS.—An 

5 eligible entity that receives a grant under this 

6 subsection may meet the requirement of sub7 paragraph (A) by providing contributions in 

8 cash or in-kind, fairly evaluated, including 

9 plant, equipment, and services. 

10 ‘‘(C) WAIVERS.—The Secretary may waive 

11 or modify the requirement of subparagraph (A) 

12 in cases of demonstrated financial hardship. 

13 ‘‘(4) APPLICATIONS.—In order to receive a 

14 grant under this subsection, an eligible entity shall 

15 submit an application to the Secretary at such time, 

16 in such manner, and containing such information 

17 that the Secretary may reasonably require. Such ap18 plication shall include, at a minimum, a certification 

19 that the services provided by an eligible entity under 

20 the grant to a local educational agency or to a school 

21 served by the local educational agency will not result 

22 in direct fees for participating students or parents. 

23 ‘‘(5) DEFINITION OF ELIGIBLE ENTITY.—In 

24 this subsection, the term ‘eligible entity’ means— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
294 

•S 1177 PCS

1 ‘‘(A) an institution of higher education 

2 that provides course materials or resources that 

3 are evidence-based in increasing academic 

4 achievement, graduation rates, or rates of post5 secondary education matriculation; 

6 ‘‘(B) a national nonprofit entity with a 

7 demonstrated track record of raising student 

8 academic achievement, graduation rates, and 

9 rates of higher education attendance, matricula10 tion, or completion, or of effectiveness in pro11 viding preparation and professional development 

12 activities and programs for teachers, principals, 

13 and other school leaders; or 

14 ‘‘(C) a partnership consisting of— 

15 ‘‘(i) 1 or more entities described in 

16 subparagraph (A) or (B); and 

17 ‘‘(ii) a for-profit entity. 

18 ‘‘(d) SCHOOL LEADER RECRUITMENT AND SUPPORT

19 PROGRAMS.— 

20 ‘‘(1) IN GENERAL.—From the funds reserved 

21 by the Secretary under subsection (a)(3), the Sec22 retary shall award grants, on a competitive basis to 

23 eligible entities to enable such entities to improve 

24 the recruitment, preparation, placement, support, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
295 

•S 1177 PCS

1 and retention of effective principals and other school 

2 leaders in high-need schools, which may include— 

3 ‘‘(A) developing or implementing leader4 ship training programs designed to prepare and 

5 support principals and other school leaders in 

6 high-need schools, including through new or al7 ternative pathways and school leader residency 

8 programs; 

9 ‘‘(B) developing or implementing programs 

10 or activities for recruiting, selecting, and devel11 oping aspiring or current principals and other 

12 school leaders to serve in high-need schools; 

13 ‘‘(C) developing or implementing programs 

14 for recruiting, developing, and placing school 

15 leaders to improve schools identified for inter16 vention and support under section 

17 1114(a)(1)(A), including through cohort-based 

18 activities that build effective instructional and 

19 school leadership teams and develop a school 

20 culture, design, instructional program, and pro21 fessional development program focused on im22 proving student learning; 

23 ‘‘(D) providing continuous professional de24 velopment for principals and other school lead25 ers in high-need schools; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
296 

•S 1177 PCS

1 ‘‘(E) developing and disseminating infor2 mation on best practices and strategies for ef3 fective school leadership in high-need schools; 

4 and 

5 ‘‘(F) other evidence-based programs or ac6 tivities described in section 2101(c)(3) or sec7 tion 2103(b)(4) focused on principals and other 

8 school leaders in high-need schools. 

9 ‘‘(2) PROGRAM PERIODS AND DIVERSITY OF

10 PROJECTS.— 

11 ‘‘(A) IN GENERAL.—A grant awarded by 

12 the Secretary to an eligible entity under this 

13 subsection shall be for a period of not more 

14 than 5 years. 

15 ‘‘(B) RENEWAL.—The Secretary may 

16 renew a grant awarded under this subsection 

17 for 1 additional 2-year period. 

18 ‘‘(C) DIVERSITY OF PROJECTS.—In award19 ing grants under this subsection, the Secretary 

20 shall ensure that, to the extent practicable, 

21 grants are distributed among eligible entities 

22 that will serve geographically diverse areas, in23 cluding urban, suburban, and rural areas. 

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

25 not award more than 1 grant under this subVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
297 

•S 1177 PCS

1 section to an eligible entity during a grant com2 petition. 

3 ‘‘(3) COST-SHARING.— 

4 ‘‘(A) IN GENERAL.—An eligible entity that 

5 receives a grant under this subsection shall pro6 vide, from non-Federal sources, not less than 

7 25 percent of the funds for the total cost for 

8 each year of activities carried out under this 

9 subsection. 

10 ‘‘(B) ACCEPTABLE CONTRIBUTIONS.—An 

11 eligible entity that receives a grant under this 

12 subsection may meet the requirement of sub13 paragraph (A) by providing contributions in 

14 cash or in-kind, fairly evaluated, including 

15 plant, equipment, and services. 

16 ‘‘(C) WAIVERS.—The Secretary may waive 

17 or modify the requirement of subparagraph (A) 

18 in cases of demonstrated financial hardship. 

19 ‘‘(4) APPLICATIONS.—An eligible entity that de20 sires a grant under this subsection shall submit to 

21 the Secretary an application at such time, in such 

22 manner, and accompanied by such information as 

23 the Secretary may require. 

24 ‘‘(5) PRIORITY.—In awarding grants under this 

25 subsection, the Secretary shall give priority to an eliVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
298 

•S 1177 PCS

1 gible entity with a record of preparing or developing 

2 principals who— 

3 ‘‘(A) have improved school-level student 

4 outcomes; 

5 ‘‘(B) have become principals in high-need 

6 schools; and 

7 ‘‘(C) remain principals in high-need schools 

8 for multiple years. 

9 ‘‘(6) DEFINITIONS.—In this subsection— 

10 ‘‘(A) the term ‘eligible entity’ means— 

11 ‘‘(i) a local educational agency, includ12 ing an educational service agency, that 

13 serves a high-need school or a consortium 

14 of such agencies; 

15 ‘‘(ii) a State educational agency or a 

16 consortium of such agencies; 

17 ‘‘(iii) a State educational agency in 

18 partnership with 1 or more local edu19 cational agencies or educational service 

20 agencies that serve a high-need school; or 

21 ‘‘(iv) an entity described in clause (i), 

22 (ii), or (iii) in partnership with 1 or more 

23 nonprofit organizations or institutions of 

24 higher education; and 

25 ‘‘(B) the term ‘high-need school’ means— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
299 

•S 1177 PCS

1 ‘‘(i) an elementary school in which not 

2 less than 50 percent of the enrolled stu3 dents are from families with incomes below 

4 the poverty line; or 

5 ‘‘(ii) a high school in which not less 

6 than 40 percent of the enrolled students 

7 are from families with incomes below the 

8 poverty line. 

9 ‘‘SEC. 2106. SUPPLEMENT, NOT SUPPLANT. 

10 ‘‘Funds made available under this part shall be used 

11 to supplement, and not supplant, non-Federal funds that 

12 would otherwise be used for activities authorized under 

13 this part. 

14 ‘‘PART B—TEACHER AND SCHOOL LEADER 

15 INCENTIVE PROGRAM 

16 ‘‘SEC. 2201. PURPOSES; DEFINITIONS. 

17 ‘‘(a) PURPOSES.—The purposes of this part are— 

18 ‘‘(1) to assist States, local educational agencies, 

19 and nonprofit organizations to develop, implement, 

20 improve, or expand comprehensive performance21 based compensation systems or human capital man22 agement systems for teachers, principals, and other 

23 school leaders (especially for teachers, principals, 

24 and other school leaders in high-need schools) who 

25 raise student academic achievement and close the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
300 

•S 1177 PCS

1 achievement gap between high- and low-performing 

2 students; and 

3 ‘‘(2) to study and review performance-based 

4 compensation systems or human capital manage5 ment systems for teachers, principals, and other 

6 school leaders to evaluate the effectiveness, fairness, 

7 quality, consistency, and reliability of the systems. 

8 ‘‘(b) DEFINITIONS.—In this part: 

9 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en10 tity’ means— 

11 ‘‘(A) a local educational agency, including 

12 a charter school that is a local educational 

13 agency, or a consortium of local educational 

14 agencies; 

15 ‘‘(B) a State educational agency or other 

16 State agency designated by the chief executive 

17 of a State to participate under this part; or 

18 ‘‘(C) a partnership consisting of— 

19 ‘‘(i) 1 or more agencies described in 

20 subparagraph (A) or (B); and 

21 ‘‘(ii) at least 1 nonprofit or for-profit 

22 entity. 

23 ‘‘(2) HIGH-NEED LOCAL EDUCATIONAL AGEN24 CY.—The term ‘high-need local educational agency’ 


asabaliauskas on DSK5VPTVN1PROD with BILLS
301 

•S 1177 PCS

1 means a local educational agency, public charter 

2 school, or charter management organization— 

3 ‘‘(A) that serves not fewer than 10,000 

4 children from families with incomes below the 

5 poverty line; or 

6 ‘‘(B) for which not less than 20 percent of 

7 the children served by the agency, school, or or8 ganization are from families with incomes below 

9 the poverty line. 

10 ‘‘(3) HIGH-NEED SCHOOL.—The term ‘high11 need school’ means a public elementary school or 

12 secondary school that is located in an area in which 

13 the percentage of students from families with in14 comes below the poverty line is 30 percent or more. 

15 ‘‘(4) HUMAN CAPITAL MANAGEMENT SYSTEM.— 

16 The term ‘human capital management system’ 

17 means a system— 

18 ‘‘(A) by which a local educational agency 

19 makes and implements human capital decisions, 

20 such as decisions on preparation, recruitment, 

21 hiring, placement, retention, dismissal, com22 pensation, professional development, tenure, 

23 and promotion; and 

24 ‘‘(B) that includes a performance-based 

25 compensation system. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
302 

•S 1177 PCS

1 ‘‘(5) PERFORMANCE-BASED COMPENSATION

2 SYSTEM.—The term ‘performance-based compensa3 tion system’ means a system of compensation for 

4 teachers, principals, and other school leaders that— 

5 ‘‘(A) differentiates levels of compensation 

6 based in part on measurable increases in stu7 dent academic achievement; and 

8 ‘‘(B) may include— 

9 ‘‘(i) differentiated levels of compensa10 tion, which may include bonus pay, on the 

11 basis of the employment responsibilities 

12 and success of effective teachers, prin13 cipals, and other school leaders in hard-to14 staff schools or high-need subject areas; 

15 and 

16 ‘‘(ii) recognition of the skills and 

17 knowledge of teachers, principals, and 

18 other school leaders as demonstrated 

19 through— 

20 ‘‘(I) successful fulfillment of ad21 ditional responsibilities or job func22 tions, such as teacher leadership roles; 

23 and 

24 ‘‘(II) evidence of professional 

25 achievement and mastery of content 


asabaliauskas on DSK5VPTVN1PROD with BILLS
303 

•S 1177 PCS

1 knowledge and superior teaching and 

2 leadership skills. 

3 ‘‘SEC. 2202. TEACHER AND SCHOOL LEADER INCENTIVE 

4 FUND GRANTS. 

5 ‘‘(a) GRANTS AUTHORIZED.—From the amounts ap6 propriated to carry out this part, the Secretary shall 

7 award grants, on a competitive basis, to eligible entities 

8 to enable the eligible entities to develop, implement, im9 prove, or expand performance-based compensation sys10 tems or human capital management systems, in schools 

11 served by the eligible entity. 

12 ‘‘(b) DURATION OF GRANTS.— 

13 ‘‘(1) IN GENERAL.—A grant awarded under 

14 this part shall be for a period of not more than 3 

15 years. 

16 ‘‘(2) RENEWAL.—The Secretary may renew a 

17 grant awarded under this part for a period of up to 

18 2 years if the grantee demonstrates to the Secretary 

19 that the grantee is effectively utilizing funds. Such 

20 renewal may include allowing the grantee to scale up 

21 or replicate the successful program. 

22 ‘‘(3) LIMITATION.—A local educational agency 

23 may receive (whether individually or as part of a 

24 consortium or partnership) a grant under this part 


asabaliauskas on DSK5VPTVN1PROD with BILLS
304 

•S 1177 PCS

1 only twice, as of the date of enactment of the Every 

2 Child Achieves Act of 2015. 

3 ‘‘(c) APPLICATIONS.—An eligible entity desiring a 

4 grant under this part shall submit an application to the 

5 Secretary, at such time, in such manner, and containing 

6 such information as the Secretary may reasonably require. 

7 The application shall include— 

8 ‘‘(1) a description of the performance-based 

9 compensation system or human capital management 

10 system that the eligible entity proposes to develop, 

11 implement, improve, or expand through the grant; 

12 ‘‘(2) a description of the most pressing gaps or 

13 insufficiencies in student access to effective teachers 

14 and school leaders in high-need schools, including 

15 gaps or inequities in how effective teachers and 

16 school leaders are distributed across the local edu17 cational agency, as identified using factors such as 

18 data on school resources, staffing patterns, school 

19 environment, educator support systems and other 

20 school level factors; 

21 ‘‘(3) a description and evidence of the support 

22 and commitment from teachers, principals, and 

23 other school leaders, which may include charter 

24 school leaders, in the school (including organizations 

25 representing teachers, principals, and other school 


asabaliauskas on DSK5VPTVN1PROD with BILLS
305 

•S 1177 PCS

1 leaders), the community, and the local educational 

2 agency to the activities proposed under the grant; 

3 ‘‘(4) a description of how the eligible entity will 

4 develop and implement a fair, rigorous, valid, reli5 able, and objective process to evaluate teacher, prin6 cipal, school leader, and student performance under 

7 the system that is based in part on measures of stu8 dent academic achievement, including the baseline 

9 performance against which evaluations of improved 

10 performance will be made; 

11 ‘‘(5) a description of the local educational agen12 cies or schools to be served under the grant, includ13 ing such student academic achievement, demo14 graphic, and socioeconomic information as the Sec15 retary may request; 

16 ‘‘(6) a description of the quality of teachers, 

17 principals, and other school leaders in the local edu18 cational agency and the schools to be served under 

19 the grant and the extent to which the system will in20 crease the quality of teachers, principals, and other 

21 school leaders in a high-need school; 

22 ‘‘(7) a description of how the eligible entity will 

23 use grant funds under this part in each year of the 

24 grant, including a timeline for implementation of 

25 such activities; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
306 

•S 1177 PCS

1 ‘‘(8) a description of how the eligible entity will 

2 continue the activities assisted under the grant after 

3 the grant period ends; 

4 ‘‘(9) a description of the State, local, or other 

5 public or private funds that will be used to supple6 ment the grant, including funds under part A, and 

7 sustain the activities assisted under the grant at the 

8 end of the grant period; 

9 ‘‘(10) a description of how the proposed activi10 ties are rational and evidence-based and, if applica11 ble, the prior experience of the eligible entity in de12 veloping and implementing such activities; and 

13 ‘‘(11) a description of how activities funded 

14 under this part will be evaluated, monitored, and 

15 publically reported. 

16 ‘‘(d) AWARD BASIS.— 

17 ‘‘(1) PRIORITY.—In awarding a grant under 

18 this part, the Secretary shall give priority to an eli19 gible entity that concentrates the activities proposed 

20 to be assisted under the grant on teachers, prin21 cipals, and other school leaders serving in high-need 

22 schools. 

23 ‘‘(2) EQUITABLE DISTRIBUTION.—To the ex24 tent practicable, the Secretary shall ensure an equi25 table geographic distribution of grants under this 


asabaliauskas on DSK5VPTVN1PROD with BILLS
307 

•S 1177 PCS

1 part, including the distribution of such grants be2 tween rural and urban areas. 

3 ‘‘(e) USE OF FUNDS.— 

4 ‘‘(1) IN GENERAL.—An eligible entity that re5 ceives a grant under this part shall use the grant 

6 funds to develop, implement, improve, or expand, in 

7 collaboration with teachers, principals, other school 

8 leaders, and members of the public, a performance9 based compensation system or human capital man10 agement system consistent with this part. 

11 ‘‘(2) AUTHORIZED ACTIVITIES.—Grant funds 

12 under this part may be used for the following: 

13 ‘‘(A) Developing or improving an evalua14 tion and support system, including as part of a 

15 human capital management system as applica16 ble, that— 

17 ‘‘(i) reflects clear and fair measures of 

18 teacher, principal, and other school leader 

19 performance, based in part on dem20 onstrated improvement in student aca21 demic achievement; and 

22 ‘‘(ii) provides teachers, principals, and 

23 other school leaders with ongoing, differen24 tiated, targeted and personalized support 

25 and feedback for improvement, including 


asabaliauskas on DSK5VPTVN1PROD with BILLS
308 

•S 1177 PCS

1 professional development opportunities de2 signed to increase effectiveness. 

3 ‘‘(B) Conducting outreach within a local 

4 educational agency or a State to gain input on 

5 how to construct an evaluation system described 

6 in subparagraph (A) and to develop support for 

7 the evaluation system, including by training ap8 propriate personnel in how to observe and 

9 evaluate teachers, principals, and other school 

10 leaders. 

11 ‘‘(C) Providing principals and other school 

12 leaders with— 

13 ‘‘(i) balanced autonomy to make 

14 budgeting, scheduling, and other school15 level decisions in a manner that meets the 

16 needs of the school without compromising 

17 the intent or essential components of the 

18 policies of the local educational agency or 

19 State; 

20 ‘‘(ii) authority to make staffing deci21 sions that meet the needs of the school, 

22 such as building an instructional leader23 ship team that includes teacher leaders or 

24 offering opportunities for teams or pairs of 

25 effective teachers or candidates to teach or 


asabaliauskas on DSK5VPTVN1PROD with BILLS
309 

•S 1177 PCS

1 start teaching in high-need schools to2 gether. 

3 ‘‘(D) Paying, as part of a comprehensive 

4 performance-based compensation system, a dif5 ferentiated salary structure, which may include 

6 bonuses and stipends, to— 

7 ‘‘(i) teachers who— 

8 ‘‘(I)(aa) teach in high-need 

9 schools; or 

10 ‘‘(bb) teach in high-need subjects; 

11 ‘‘(II) raise student academic 

12 achievement; or 

13 ‘‘(III) take on additional leader14 ship responsibilities; or 

15 ‘‘(ii) principals and other school lead16 ers who serve in high-need schools and 

17 raise student academic achievement in the 

18 schools. 

19 ‘‘(E) Improving the local educational agen20 cy’s system and process for the recruitment, se21 lection, placement, and retention of effective 

22 teachers and school leaders in high-need 

23 schools, such as by improving local educational 

24 agency policies and procedures to ensure that 


asabaliauskas on DSK5VPTVN1PROD with BILLS
310 

•S 1177 PCS

1 high-need schools are competitive and timely 

2 in— 

3 ‘‘(i) attracting, hiring, and retaining 

4 effective educators; 

5 ‘‘(ii) offering bonuses or higher sala6 ries to effective teachers; or 

7 ‘‘(iii) establishing or strengthening 

8 residency programs. 

9 ‘‘(F) Instituting career advancement op10 portunities characterized by increased responsi11 bility and pay that reward and recognize effec12 tive teachers and school leaders in high-need 

13 schools and enable them to expand their leader14 ship and results, such as through teacher-led 

15 professional development, mentoring, coaching, 

16 hybrid roles, administrative duties, and career 

17 ladders. 

18 ‘‘(f) MATCHING REQUIREMENT.—Each eligible entity 

19 that receives a grant under this part shall provide, from 

20 non-Federal sources, an amount equal to 50 percent of 

21 the amount of the grant (which may be provided in cash 

22 or in-kind) to carry out the activities supported by the 

23 grant. 

24 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

25 provided under this part shall be used to supplement, not 


asabaliauskas on DSK5VPTVN1PROD with BILLS
311 

•S 1177 PCS

1 supplant, other Federal or State funds available to carry 

2 out activities described in this part. 

3 ‘‘SEC. 2203. REPORTS. 

4 ‘‘(a) ACTIVITIES SUMMARY.—Each eligible entity re5 ceiving a grant under this part shall provide to the Sec6 retary a summary of the activities assisted under the 

7 grant. 

8 ‘‘(b) REPORT.—The Secretary shall provide to Con9 gress an annual report on the implementation of the pro10 gram carried out under this part, including— 

11 ‘‘(1) information on eligible entities that re12 ceived grant funds under this part, including— 

13 ‘‘(A) information provided by eligible enti14 ties to the Secretary in the applications sub15 mitted under section 2202(c); 

16 ‘‘(B) the summaries received under sub17 section (a); and 

18 ‘‘(C) grant award amounts; and 

19 ‘‘(2) student academic achievement, and as ap20 plicable, growth data from the schools participating 

21 in the programs supported under the grant. 

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

23 ‘‘(1) RESERVATION OF FUNDS.—Of the total 

24 amount reserved under section 2003(c) for this part 

25 for a fiscal year, the Secretary may reserve for such 


asabaliauskas on DSK5VPTVN1PROD with BILLS
312 

•S 1177 PCS

1 fiscal year not more than 1 percent for the cost of 

2 the evaluation under paragraph (2) and for technical 

3 assistance in carrying out this part. 

4 ‘‘(2) EVALUATION.—From amounts reserved 

5 under paragraph (1), the Secretary, acting through 

6 the Director of the Institute of Education Sciences, 

7 shall carry out an independent evaluation to meas8 ure the effectiveness of the program assisted under 

9 this part. 

10 ‘‘(3) CONTENTS.—The evaluation under para11 graph (2) shall measure— 

12 ‘‘(A) the effectiveness of the program in 

13 improving student academic achievement; 

14 ‘‘(B) the satisfaction of the participating 

15 teachers, principals, and other school leaders; 

16 and 

17 ‘‘(C) the extent to which the program as18 sisted the eligible entities in recruiting and re19 taining high-quality teachers, principals, and 

20 other school leaders, especially in high-need 

21 subject areas.’’. 

22 SEC. 2003. AMERICAN HISTORY AND CIVICS EDUCATION. 

23 Title II (20 U.S.C. 6601 et seq.), as amended by sec24 tion 2002, is further amended by adding at the end the 

25 following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
313 

•S 1177 PCS

1 ‘‘PART C—AMERICAN HISTORY AND CIVICS 

2 EDUCATION. 

3 ‘‘SEC. 2301. PROGRAM AUTHORIZED. 

4 ‘‘(a) IN GENERAL.—From amounts appropriated to 

5 carry out this part, the Secretary is authorized to carry 

6 out an American history and civics education program to 

7 improve— 

8 ‘‘(1) the quality of American history, civics, and 

9 government education by educating students about 

10 the history and principles of the Constitution of the 

11 United States, including the Bill of Rights; and 

12 ‘‘(2) the quality of teaching American history, 

13 civics, and government in elementary schools and 

14 secondary schools, including the teaching of tradi15 tional American history. 

16 ‘‘(b) FUNDING ALLOTMENT.—From amounts made 

17 available under section 2305 for a fiscal year, the Sec18 retary shall— 

19 ‘‘(1) reserve not more than 85 percent for ac20 tivities under section 2302; 

21 ‘‘(2) reserve not more than 10 percent for ac22 tivities under section 2303; and 

23 ‘‘(3) reserve not more than 5 percent for activi24 ties under section 2304. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
314 

•S 1177 PCS

1 ‘‘SEC. 2302. TEACHING OF TRADITIONAL AMERICAN HIS2 TORY. 

3 ‘‘(a) IN GENERAL.—From the amounts reserved by 

4 the Secretary under section 2301(b)(1), the Secretary 

5 shall award grants, on a competitive basis, to local edu6 cational agencies— 

7 ‘‘(1) to carry out activities to promote the 

8 teaching of traditional American history in elemen9 tary schools and secondary schools as a separate 

10 academic subject (not as a component of social stud11 ies); and 

12 ‘‘(2) for the development, implementation, and 

13 strengthening of programs to teach traditional 

14 American history as a separate academic subject 

15 (not as a component of social studies) within ele16 mentary school and secondary school curricula, in17 cluding the implementation of activities— 

18 ‘‘(A) to improve the quality of instruction; 

19 and 

20 ‘‘(B) to provide professional development 

21 and teacher education activities with respect to 

22 American history. 

23 ‘‘(b) REQUIRED PARTNERSHIP.—A local educational 

24 agency that receives a grant under subsection (a) shall 

25 carry out activities under the grant in partnership with 

26 1 or more of the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
315 

•S 1177 PCS

1 ‘‘(1) An institution of higher education. 

2 ‘‘(2) A nonprofit history or humanities organi3 zation. 

4 ‘‘(3) A library or museum. 

5 ‘‘(c) APPLICATION.—To be eligible to receive a grant 

6 under this section, a local educational agency shall submit 

7 an application to the Secretary at such time, in such man8 ner, and containing such information as the Secretary may 

9 reasonably require. 

10 ‘‘(d) GRANT TERMS.—Grants awarded under sub11 section (a) shall be for a term of not more than 5 years. 

12 ‘‘SEC. 2303. PRESIDENTIAL AND CONGRESSIONAL ACAD13 EMIES FOR AMERICAN HISTORY AND CIVICS. 

14 ‘‘(a) IN GENERAL.—From the amounts reserved 

15 under section 2301(b)(2), the Secretary shall award not 

16 more than 12 grants on a competitive basis to— 

17 ‘‘(1) eligible entities to establish Presidential 

18 Academies for the Teaching of American History 

19 and Civics (in this section referred to as the ‘Presi20 dential Academies’) in accordance with subsection 

21 (e); and 

22 ‘‘(2) eligible entities to establish Congressional 

23 Academies for Students of American History and 

24 Civics (in this section referred to as the ‘Congres25 sional Academies’) in accordance with subsection (f). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
316 

•S 1177 PCS

1 ‘‘(b) APPLICATION.—An eligible entity that desires to 

2 receive a grant under subsection (a) shall submit an appli3 cation to the Secretary at such time, in such manner, and 

4 containing such information as the Secretary may reason5 ably require. 

6 ‘‘(c) ELIGIBLE ENTITY.—The term ‘eligible entity’ 

7 under this section means— 

8 ‘‘(1) an institution of higher education or non9 profit educational organization, museum, library, or 

10 research center with demonstrated expertise in his11 torical methodology or the teaching of American his12 tory and civics; or 

13 ‘‘(2) a consortium of entities described in para14 graph (1). 

15 ‘‘(d) GRANT TERMS.—Grants awarded to eligible en16 tities under subsection (a) shall be for a term of not more 

17 than 5 years. 

18 ‘‘(e) PRESIDENTIAL ACADEMIES.— 

19 ‘‘(1) USE OF FUNDS.—Each eligible entity that 

20 receives a grant under subsection (a)(1) shall use 

21 the grant funds to establish a Presidential Academy 

22 that offers a seminar or institute for teachers of 

23 American history and civics, which— 

24 ‘‘(A) provides intensive professional devel25 opment opportunities for teachers of American 


asabaliauskas on DSK5VPTVN1PROD with BILLS
317 

•S 1177 PCS

1 history and civics to strengthen such teachers’ 

2 knowledge of the subjects of American history 

3 and civics; 

4 ‘‘(B) is led by a team of primary scholars 

5 and core teachers who are accomplished in the 

6 field of American history and civics; 

7 ‘‘(C) is conducted during the summer or 

8 other appropriate time; and 

9 ‘‘(D) is of not less than 2 weeks and not 

10 more than 6 weeks in duration. 

11 ‘‘(2) SELECTION OF TEACHERS.—Each year, 

12 each Presidential Academy shall select between 50 

13 and 300 teachers of American history and civics 

14 from public or private elementary schools and sec15 ondary schools to attend the seminar or institute 

16 under paragraph (1). 

17 ‘‘(3) TEACHER STIPENDS.—Each teacher se18 lected to participate in a seminar or institute under 

19 this subsection shall be awarded a fixed stipend 

20 based on the length of the seminar or institute to 

21 ensure that such teacher does not incur personal 

22 costs associated with the teacher’s participation in 

23 the seminar or institute. 

24 ‘‘(4) PRIORITY.—In awarding grants under this 

25 subsection, the Secretary shall give priority to eligiVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
318 

•S 1177 PCS

1 ble entities that coordinate or align their activities 

2 with the National Park Service National Centennial 

3 Parks initiative to develop innovative and com4 prehensive programs using the resources of the Na5 tional Parks. 

6 ‘‘(f) CONGRESSIONAL ACADEMIES.— 

7 ‘‘(1) USE OF FUNDS.—Each eligible entity that 

8 receives a grant under subsection (a)(2) shall use 

9 the grant funds to establish a Congressional Acad10 emy that offers a seminar or institute for out11 standing students of American history and civics, 

12 which— 

13 ‘‘(A) broadens and deepens such students’ 

14 understanding of American history and civics; 

15 ‘‘(B) is led by a team of primary scholars 

16 and core teachers who are accomplished in the 

17 field of American history and civics; 

18 ‘‘(C) is conducted during the summer or 

19 other appropriate time; and 

20 ‘‘(D) is of not less than 2 weeks and not 

21 more than 6 weeks in duration. 

22 ‘‘(2) SELECTION OF STUDENTS.— 

23 ‘‘(A) IN GENERAL.—Each year, each Con24 gressional Academy shall select between 100 


asabaliauskas on DSK5VPTVN1PROD with BILLS
319 

•S 1177 PCS

1 and 300 eligible students to attend the seminar 

2 or institute under paragraph (1). 

3 ‘‘(B) ELIGIBLE STUDENTS.—A student 

4 shall be eligible to attend a seminar or institute 

5 offered by a Congressional Academy under this 

6 subsection if the student— 

7 ‘‘(i) is recommended by the student’s 

8 secondary school principal or other school 

9 leader to attend the seminar or institute; 

10 and 

11 ‘‘(ii) will be a junior or senior in the 

12 academic year following attendance at the 

13 seminar or institute. 

14 ‘‘(3) STUDENT STIPENDS.—Each student se15 lected to participate in a seminar or institute under 

16 this subsection shall be awarded a fixed stipend 

17 based on the length of the seminar or institute to 

18 ensure that such student does not incur personal 

19 costs associated with the student’s participation in 

20 the seminar or institute. 

21 ‘‘(g) MATCHING FUNDS.— 

22 ‘‘(1) IN GENERAL.—An eligible entity that re23 ceives funds under subsection (a) shall provide, to24 ward the cost of the activities assisted under the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
320 

•S 1177 PCS

1 grant, from non-Federal sources, an amount equal 

2 to 100 percent of the amount of the grant. 

3 ‘‘(2) WAIVER.—The Secretary may waive all or 

4 part of the matching requirement described in para5 graph (1) for any fiscal year for an eligible entity if 

6 the Secretary determines that applying the matching 

7 requirement would result in serious hardship or an 

8 inability to carry out the activities described in sub9 section (e) or (f). 

10 ‘‘SEC. 2304. NATIONAL ACTIVITIES. 

11 ‘‘(a) PURPOSE.—The purpose of this section is to 

12 promote innovative strategies to promote innovative his13 tory, civic, and geography instruction, learning strategies, 

14 and professional development activities and programs for 

15 teachers, principals, and other school leaders, particularly 

16 for low-income students in underserved areas. 

17 ‘‘(b) IN GENERAL.—From the funds reserved by the 

18 Secretary under section 2301(b)(3), the Secretary shall 

19 award grants, on a competitive basis, to eligible entities 

20 for the purposes of— 

21 ‘‘(1) developing, implementing, evaluating and 

22 disseminating for voluntary use, innovative, evi23 denced-based approaches to civic learning, geog24 raphy, and American history, which may include 

25 hands-on civic engagement activities for teachers 


asabaliauskas on DSK5VPTVN1PROD with BILLS
321 

•S 1177 PCS

1 and low-income students, that demonstrate innova2 tion, scalability, accountability, and a focus on un3 derserved populations; or 

4 ‘‘(2) other innovative evidence-based approaches 

5 to improving the quality of student achievement and 

6 teaching of American history, civics, geography, and 

7 government in elementary schools and secondary 

8 schools. 

9 ‘‘(c) PROGRAM PERIODS AND DIVERSITY OF

10 PROJECTS.— 

11 ‘‘(1) IN GENERAL.—A grant awarded by the 

12 Secretary to an eligible entity under this section 

13 shall be for a period of not more than 3 years. 

14 ‘‘(2) RENEWAL.—The Secretary may renew a 

15 grant awarded under this section for 1 additional 2- 

16 year period. 

17 ‘‘(3) DIVERSITY OF PROJECTS.—In awarding 

18 grants under this section, the Secretary shall ensure 

19 that, to the extent practicable, grants are distributed 

20 among eligible entities that will serve geographically 

21 diverse areas, including urban, suburban, and rural 

22 areas. 

23 ‘‘(d) APPLICATIONS.—In order to receive a grant 

24 under this section, an eligible entity shall submit an appli25 cation to the Secretary at such time, and in such manner, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
322 

•S 1177 PCS

1 and containing such information that the Secretary may 

2 reasonably require. 

3 ‘‘(e) ELIGIBLE ENTITY.—In this section, the term 

4 ‘eligible entity’ means an institution of higher education 

5 or other nonprofit or for-profit organization with dem6 onstrated expertise in the development of evidence-based 

7 approaches for improving the quality of American history, 

8 geography, and civics learning and teaching. 

9 ‘‘SEC. 2305. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘There are authorized to be appropriated to carry out 

11 this part such sums as may be necessary for fiscal years 

12 2016 through 2021.’’. 

13 SEC. 2004. LITERACY EDUCATION. 

14 Title II (20 U.S.C. 6601 et seq.), as amended by sec15 tions 2001 through 2003, is further amended by adding 

16 at the end the following: 

17 ‘‘PART D—LITERACY EDUCATION FOR ALL, 

18 RESULTS FOR THE NATION. 

19 ‘‘SEC. 2401. PURPOSES; DEFINITIONS. 

20 ‘‘(a) PURPOSES.—The purpose of this part is— 

21 ‘‘(1) to improve student academic achievement 

22 in reading and writing by providing Federal support 

23 to States to develop, revise, or update comprehensive 

24 literacy instruction plans that when implemented en25 sure high-quality instruction and effective strategies 


asabaliauskas on DSK5VPTVN1PROD with BILLS
323 

•S 1177 PCS

1 in reading and writing from early education through 

2 grade 12; and 

3 ‘‘(2) for States to provide targeted subgrants to 

4 State-designated early childhood education programs 

5 and local educational agencies and their public or 

6 private partners to implement evidenced-based pro7 grams that ensure high-quality comprehensive lit8 eracy instruction for students most in need. 

9 ‘‘(b) DEFINITIONS.—In this part: 

10 ‘‘(1) COMPREHENSIVE LITERACY INSTRUC11 TION.—The term ‘comprehensive literacy instruc12 tion’ means instruction that— 

13 ‘‘(A) includes developmentally appropriate, 

14 contextually explicit, and systematic instruction, 

15 and frequent practice, in reading and writing 

16 across content areas; 

17 ‘‘(B) includes age-appropriate, explicit, sys18 tematic, and intentional instruction in phono19 logical awareness, phonic decoding, vocabulary, 

20 language structure, reading fluency, and read21 ing comprehension; 

22 ‘‘(C) includes age-appropriate, explicit in23 struction in writing, including opportunities for 

24 children to write with clear purposes, with crit25 ical reasoning appropriate to the topic and purVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
324 

•S 1177 PCS

1 pose, and with specific instruction and feedback 

2 from instructional staff; 

3 ‘‘(D) makes available and uses diverse, 

4 high-quality print materials that reflect the 

5 reading and development levels, and interests, 

6 of children; 

7 ‘‘(E) uses differentiated instructional ap8 proaches, including individual and small group 

9 instruction and discussion; 

10 ‘‘(F) provides opportunities for children to 

11 use language with peers and adults in order to 

12 develop language skills, including developing vo13 cabulary; 

14 ‘‘(G) includes frequent practice of reading 

15 and writing strategies; 

16 ‘‘(H) uses age-appropriate, valid, and reli17 able screening assessments, diagnostic assess18 ments, formative assessment processes, and 

19 summative assessments to identify a child’s 

20 learning needs, to inform instruction, and to 

21 monitor the child’s progress and the effects of 

22 instruction; 

23 ‘‘(I) uses strategies to enhance children’s 

24 motivation to read and write and children’s en25 gagement in self-directed learning; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
325 

•S 1177 PCS

1 ‘‘(J) incorporates the principles of uni2 versal design for learning; 

3 ‘‘(K) depends on teachers’ collaboration in 

4 planning, instruction, and assessing a child’s 

5 progress and on continuous professional learn6 ing; and 

7 ‘‘(L) links literacy instruction to the chal8 lenging State academic standards under section 

9 1111(b)(1), including the ability to navigate, 

10 understand, and write about, complex print and 

11 digital subject matter. 

12 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en13 tity’ means an entity that serves a high share or 

14 percentage of high-need schools and consists of— 

15 ‘‘(A) one or more local educational agen16 cies that— 

17 ‘‘(i) have the highest number or pro18 portion of children who are counted under 

19 section 1124(c), in comparison to other 

20 local educational agencies in the State; 

21 ‘‘(ii) are among the local educational 

22 agencies in the State with the highest 

23 number or percentages of children reading 

24 or writing below grade level, based on the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
326 

•S 1177 PCS

1 most currently available State academic as2 sessment data under section 1111(b)(2); or 

3 ‘‘(iii) serve a significant number or 

4 percentage of schools that are identified 

5 under section 1114(a)(1)(A); 

6 ‘‘(B) one or more State-designated early 

7 childhood education programs, which may in8 clude home-based literacy programs for pre9 school aged children, that have a demonstrated 

10 record of providing comprehensive literacy in11 struction for the age group such program pro12 poses to serve; or 

13 ‘‘(C) a local educational agency, described 

14 in subparagraph (A), or consortium of such 

15 local educational agencies, or a State-designated 

16 early childhood education program, which may 

17 include home-based literacy programs for pre18 school aged children, acting in partnership with 

19 1 or more public or private nonprofit organiza20 tions or agencies (which may include State-des21 ignated early childhood education programs) 

22 that have a demonstrated record of effective23 ness in— 

24 ‘‘(i) improving literacy achievement of 

25 children, consistent with the purposes of 


asabaliauskas on DSK5VPTVN1PROD with BILLS
327 

•S 1177 PCS

1 their participation, from birth through 

2 grade 12; and 

3 ‘‘(ii) providing professional develop4 ment in comprehensive literacy instruction. 

5 ‘‘(3) HIGH-NEED SCHOOL.— 

6 ‘‘(A) IN GENERAL.—The term ‘high-need 

7 school’ means— 

8 ‘‘(i) an elementary school or middle 

9 school in which not less than 50 percent of 

10 the enrolled students are children from 

11 low-income families; or 

12 ‘‘(ii) a high school in which not less 

13 than 40 percent of the enrolled students 

14 are children from low-income families, 

15 which may be calculated using comparable 

16 data from the schools that feed into the 

17 high school. 

18 ‘‘(B) LOW-INCOME FAMILY.—For purposes 

19 of subparagraph (A), the term ‘low-income fam20 ily’ means a family— 

21 ‘‘(i) in which the children are eligible 

22 for a free or reduced price lunch under the 

23 Richard B. Russell National School Lunch 

24 Act (42 U.S.C. 1751 et seq.); 


asabaliauskas on DSK5VPTVN1PROD with BILLS
328 

•S 1177 PCS

1 ‘‘(ii) receiving assistance under the 

2 program of block grants to States for tem3 porary assistance for needy families estab4 lished under part A of title IV of the So5 cial Security Act (42 U.S.C. 601 et seq.); 

6 or 

7 ‘‘(iii) in which the children are eligible 

8 to receive medical assistance under the 

9 Medicaid program under title XIX of the 

10 Social Security Act (42 U.S.C. 1396 et 

11 seq.). 

12 ‘‘SEC. 2402. COMPREHENSIVE LITERACY STATE DEVELOP13 MENT GRANTS. 

14 ‘‘(a) GRANTS AUTHORIZED.—From the amounts ap15 propriated to carry out this part and not reserved under 

16 subsection (b), the Secretary shall award grants, on a 

17 competitive basis, to States to enable the States to— 

18 ‘‘(1) provide subgrants to eligible entities serv19 ing a diversity of geographic areas, giving priority to 

20 entities serving greater numbers or percentages of 

21 disadvantaged children; and 

22 ‘‘(2) develop or enhance comprehensive literacy 

23 instruction plans that ensure high-quality instruction 

24 and effective strategies in reading and writing for 

25 children from early childhood education through 


asabaliauskas on DSK5VPTVN1PROD with BILLS
329 

•S 1177 PCS

1 grade 12, including English learners and children 

2 with disabilities. 

3 ‘‘(b) RESERVATION.—From the amounts appro4 priated to carry out this part for a fiscal year, the Sec5 retary shall reserve— 

6 ‘‘(1) not more than a total of 5 percent for na7 tional activities including a national evaluation, tech8 nical assistance and training, data collection, and re9 porting; 

10 ‘‘(2) one-half of 1 percent for the Secretary of 

11 the Interior to carry out a program described in this 

12 part at schools operated or funded by the Bureau of 

13 Indian Education; and 

14 ‘‘(3) one-half of 1 percent for the outlying areas 

15 to carry out a program under this part. 

16 ‘‘(c) DURATION OF GRANTS.—A grant awarded 

17 under this part shall be awarded for a period of not more 

18 than 5 years. Such grant may be renewed for an additional 

19 2-year period upon the termination of the initial period 

20 of the grant if the grant recipient demonstrates to the sat21 isfaction of the Secretary that— 

22 ‘‘(1) the State has made adequate progress; and 

23 ‘‘(2) renewing the grant for an additional 2- 

24 year period is necessary to carry out the objectives 

25 of the grant described in subsection (d). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
330 

•S 1177 PCS

1 ‘‘(d) STATE APPLICATIONS.— 

2 ‘‘(1) IN GENERAL.—A State educational agency 

3 desiring a grant under this part shall submit an ap4 plication to the Secretary, at such time and in such 

5 manner as the Secretary may require. The State 

6 educational agency shall collaborate with the State 

7 agency responsible for administering early childhood 

8 education programs and the State agency respon9 sible for administering child care programs in the 

10 State in writing and implementing the early child11 hood education portion of the grant application 

12 under this subsection. 

13 ‘‘(2) CONTENTS.—An application described in 

14 paragraph (1) shall include, at a minimum, the fol15 lowing: 

16 ‘‘(A) A needs assessment that analyzes lit17 eracy needs across the State and in high-need 

18 schools and local educational agencies that 

19 serve high-need schools, including identifying 

20 the most pressing gaps in literacy proficiency 

21 and inequities in student access to effective 

22 teachers of literacy, considering each of the cat23 egories of students, as defined in section 

24 1111(b)(3)(A). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
331 

•S 1177 PCS

1 ‘‘(B) A description of how the State edu2 cational agency, in collaboration with the State 

3 literacy team, if applicable, will develop a State 

4 comprehensive literacy instruction plan or will 

5 revise and update an already existing State 

6 comprehensive literacy instruction plan. 

7 ‘‘(C) An implementation plan that includes 

8 a description of how the State educational agen9 cy will carry out the State activities described 

10 in subsection (e). 

11 ‘‘(D) An assurance that the State edu12 cational agency will use implementation grant 

13 funds described in subsection (e)(1) for com14 prehensive literacy instruction programs as fol15 lows: 

16 ‘‘(i) Not less than 15 percent of such 

17 grant funds shall be used for State and 

18 local programs and activities pertaining to 

19 children from birth through kindergarten 

20 entry. 

21 ‘‘(ii) Not less than 40 percent of such 

22 grant funds shall be used for State and 

23 local programs and activities, allocated eq24 uitably among the grades of kindergarten 

25 through grade 5. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
332 

•S 1177 PCS

1 ‘‘(iii) Not less than 40 percent of such 

2 grant funds shall be used for State and 

3 local programs and activities, allocated eq4 uitably among grades 6 through 12. 

5 ‘‘(E) An assurance that the State edu6 cational agency shall give priority in awarding 

7 a subgrant under section 2403 to an eligible en8 tity that— 

9 ‘‘(i) serves children from birth 

10 through age 5 who are from families with 

11 income levels at or below 200 percent of 

12 the Federal poverty line; or 

13 ‘‘(ii) consists of a local educational 

14 agency serving a high number or percent15 age of high-need schools. 

16 ‘‘(e) STATE ACTIVITIES.— 

17 ‘‘(1) IN GENERAL.—A State educational agency 

18 receiving a grant under this section shall use not 

19 less than 95 percent of such grant funds to award 

20 subgrants to eligible entities, based on their needs 

21 assessment and a competitive application process. 

22 ‘‘(2) RESERVATION.—A State educational agen23 cy receiving a grant under this section may reserve 

24 not more than 5 percent for activities identified 

25 through the needs assessment and comprehensive litVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
333 

•S 1177 PCS

1 eracy plan described in subparagraphs (A) and (B) 

2 of subsection (d)(2), including the following activi3 ties: 

4 ‘‘(A) Providing technical assistance, or en5 gaging qualified providers to provide technical 

6 assistance, to eligible entities to enable the eligi7 ble entities to design and implement literacy 

8 programs. 

9 ‘‘(B) Coordinating with institutions of 

10 higher education in the State to provide rec11 ommendations to strengthen and enhance pre12 service courses for students preparing to teach 

13 children from birth through grade 12 in ex14 plicit, systematic, and intensive instruction in 

15 evidence-based literacy methods. 

16 ‘‘(C) Reviewing and updating, in collabora17 tion with teachers, statewide educational and 

18 professional organizations representing teach19 ers, and statewide educational and professional 

20 organizations representing institutions of higher 

21 education, State licensure or certification stand22 ards in the area of literacy instruction in early 

23 education through grade 12. 

24 ‘‘(D) Making publicly available, including 

25 on the State educational agency’s website, inVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
334 

•S 1177 PCS

1 formation on promising instructional practices 

2 to improve child literacy achievement. 

3 ‘‘(E) Administering and monitoring the 

4 implementation of subgrants by eligible entities. 

5 ‘‘(3) ADDITIONAL USES.—After carrying out 

6 the activities described in paragraphs (1) and (2), a 

7 State educational agency may use any remaining 

8 amount to carry out 1 or more of the following ac9 tivities: 

10 ‘‘(A) Developing literacy coach training 

11 programs and training literacy coaches. 

12 ‘‘(B) Administration and evaluation of ac13 tivities carried out under this part. 

14 ‘‘SEC. 2403. SUBGRANTS TO ELIGIBLE ENTITIES IN SUP15 PORT LITERACY FOR CHILDREN FROM BIRTH 

16 THROUGH KINDERGARTEN ENTRY. 

17 ‘‘(a) SUBGRANTS.— 

18 ‘‘(1) IN GENERAL.—A State educational agency 

19 receiving a grant under this part shall, in consulta20 tion with the State agencies responsible for admin21 istering early childhood education programs and 

22 services, including the State agency responsible for 

23 administering child care programs, and, if applica24 ble, the State Advisory Council on Early Childhood 

25 Education and Care designated or established pursuVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
335 

•S 1177 PCS

1 ant to section 642B(b)(1)(A)(i) of the Head Start 

2 Act (42 U.S.C. 9837b(b)(1)(A)(i))), use a portion of 

3 the grant funds, in accordance with section 

4 2402(d)(2)(D)(i), to award subgrants, on a competi5 tive basis, to eligible entities to enable the eligible 

6 entities to support high-quality early literacy initia7 tives for children from birth through kindergarten 

8 entry. 

9 ‘‘(2) DURATION.—The term of a subgrant 

10 under this section shall be determined by the State 

11 educational agency awarding the subgrant and shall 

12 in no case exceed 5 years. 

13 ‘‘(3) SUFFICIENT SIZE AND SCOPE.—Each 

14 subgrant awarded under this section shall be of suf15 ficient size and scope to allow the eligible entity to 

16 carry out high-quality early literacy initiatives for 

17 children from birth through kindergarten entry. 

18 ‘‘(b) LOCAL APPLICATIONS.—An eligible entity desir19 ing to receive a subgrant under this section shall submit 

20 an application to the State educational agency, at such 

21 time, in such manner, and containing such information as 

22 the State educational agency may require. Such applica23 tion shall include a description of— 

24 ‘‘(1) how the subgrant funds will be used to en25 hance the language and literacy development and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
336 

•S 1177 PCS

1 school readiness of children, from birth through kin2 dergarten entry, in early childhood education pro3 grams, which shall include an analysis of data that 

4 support the proposed use of subgrant funds; 

5 ‘‘(2) how the subgrant funds will be used to 

6 prepare and provide ongoing assistance to staff in 

7 the programs, through high-quality professional de8 velopment; 

9 ‘‘(3) how the activities assisted under the 

10 subgrant will be coordinated with comprehensive lit11 eracy instruction at the kindergarten through grade 

12 12 levels; 

13 ‘‘(4) how the subgrant funds will be used to 

14 evaluate the success of the activities assisted under 

15 the subgrant in enhancing the early language and 

16 literacy development of children from birth through 

17 kindergarten entry; and 

18 ‘‘(5) such other information as the State edu19 cational agency may require. 

20 ‘‘(c) LOCAL USES OF FUNDS.—An eligible entity that 

21 receives a subgrant under this section shall use the 

22 subgrant funds, consistent with the entity’s approved ap23 plication under subsection (b), to— 

24 ‘‘(1) carry out high-quality professional develop25 ment opportunities for early childhood educators, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
337 

•S 1177 PCS

1 teachers, principals, other school leaders, paraprofes2 sionals, specialized instructional support personnel, 

3 and instructional leaders; 

4 ‘‘(2) train providers and personnel to develop 

5 and administer high-quality early childhood edu6 cation literacy initiatives; and 

7 ‘‘(3) coordinate the involvement of families, 

8 early childhood education program staff, principals, 

9 other school leaders, and teachers in literacy devel10 opment of children served under the subgrant. 

11 ‘‘SEC. 2404. SUBGRANTS TO ELIGIBLE ENTITIES IN SUP12 PORT OF KINDERGARTEN THROUGH GRADE 

13 12 LITERACY. 

14 ‘‘(a) SUBGRANTS TO ELIGIBLE ENTITIES.— 

15 ‘‘(1) SUBGRANTS.—A State educational agency 

16 receiving a grant under this part shall use a portion 

17 of the grant funds, in accordance with clauses (ii) 

18 and (iii) of section 2402(d)(2)(D), to award sub19 grants, on a competitive basis, to eligible entities to 

20 enable the eligible entities to carry out the author21 ized activities described in subsections (b) and (c). 

22 ‘‘(2) DURATION.—The term of a subgrant 

23 under this section shall be determined by the State 

24 educational agency awarding the subgrant and shall 

25 in no case exceed 5 years. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
338 

•S 1177 PCS

1 ‘‘(3) SUFFICIENT SIZE AND SCOPE.—A State 

2 educational agency shall award subgrants under this 

3 section of sufficient size and scope to allow the eligi4 ble entities to carry out high-quality comprehensive 

5 literacy instruction in each grade level for which the 

6 subgrant funds are provided. 

7 ‘‘(4) LOCAL APPLICATIONS.—An eligible entity 

8 desiring to receive a subgrant under this section 

9 shall submit an application to the State educational 

10 agency at such time, in such manner, and containing 

11 such information as the State educational agency 

12 may require. Such application shall include, for each 

13 school that the eligible entity identifies as partici14 pating in a subgrant program under this section, the 

15 following information: 

16 ‘‘(A) A description of the eligible entity’s 

17 needs assessment conducted to identify how 

18 subgrant funds will be used to inform and im19 prove comprehensive literacy instruction at the 

20 school. 

21 ‘‘(B) How the school, the local educational 

22 agency, or a provider of high-quality profes23 sional development will provide ongoing high24 quality professional development to all teachers, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
339 

•S 1177 PCS

1 principals, other school leaders, and other in2 structional leaders served by the school. 

3 ‘‘(C) How the school will identify children 

4 in need of literacy interventions or other sup5 port services. 

6 ‘‘(D) An explanation of how the school will 

7 integrate comprehensive literacy instruction into 

8 core academic subjects. 

9 ‘‘(E) A description of how the school will 

10 coordinate comprehensive literacy instruction 

11 with early childhood education and after-school 

12 programs and activities in the area served by 

13 the local educational agency. 

14 ‘‘(b) LOCAL USES OF FUNDS FOR KINDERGARTEN

15 THROUGH GRADE 5.—An eligible entity that receives a 

16 subgrant under this section shall use the subgrant funds 

17 to carry out the following activities pertaining to children 

18 in kindergarten through grade 5: 

19 ‘‘(1) Developing and implementing a com20 prehensive literacy instruction plan across content 

21 areas for such children that— 

22 ‘‘(A) serves the needs of all children, in23 cluding children with disabilities and English 

24 learners, especially children who are reading or 

25 writing below grade level; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
340 

•S 1177 PCS

1 ‘‘(B) provides intensive, supplemental, ac2 celerated, and explicit intervention and support 

3 in reading and writing for children whose lit4 eracy skills are below grade level; and 

5 ‘‘(C) supports activities that are provided 

6 primarily during the regular school day but 

7 which may be augmented by after-school and 

8 out-of-school time instruction. 

9 ‘‘(2) Providing high-quality professional devel10 opment opportunities for teachers, literacy coaches, 

11 literacy specialists, English as a second language 

12 specialists (as appropriate), principals, other school 

13 leaders, specialized instructional support personnel, 

14 paraprofessionals, and other program staff. 

15 ‘‘(3) Training principals, specialized instruc16 tional support personnel, and other school district 

17 personnel to support, develop, administer, and evalu18 ate high-quality kindergarten through grade 5 lit19 eracy initiatives. 

20 ‘‘(4) Coordinating the involvement of early 

21 childhood education program staff, principals, other 

22 instructional leaders, teachers, teacher literacy 

23 teams, English as a second language specialists (as 

24 appropriate), special educators, and school librarians 


asabaliauskas on DSK5VPTVN1PROD with BILLS
341 

•S 1177 PCS

1 in the literacy development of children served under 

2 this subsection. 

3 ‘‘(5) Engaging families and encouraging family 

4 literacy experiences and practices to support literacy 

5 development. 

6 ‘‘(c) LOCAL USES OF FUNDS FOR GRADES 6 

7 THROUGH 12.—An eligible entity that receives a subgrant 

8 under this section shall use subgrant funds to carry out 

9 the following activities pertaining to children in grades 6 

10 through 12: 

11 ‘‘(1) Developing and implementing a com12 prehensive literacy instruction plan described in sub13 section (b)(1) for children in grades 6 through 12. 

14 ‘‘(2) Training principals, specialized instruction 

15 support personnel, and other school district per16 sonnel to support, develop, administer, and evaluate 

17 high-quality comprehensive literacy instruction ini18 tiatives for grades 6 through 12. 

19 ‘‘(3) Assessing the quality of adolescent com20 prehensive literacy instruction in core academic sub21 jects, and career and technical education subjects 

22 where such career and technical education subjects 

23 provide for the integration of core academic subjects. 

24 ‘‘(4) Providing time for teachers to meet to 

25 plan research-based adolescent comprehensive litVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
342 

•S 1177 PCS

1 eracy instruction in core academic subjects, and ca2 reer and technical education subjects where such ca3 reer and technical education subjects provide for the 

4 integration of core academic subjects. 

5 ‘‘(5) Coordinating the involvement of principals, 

6 other instructional leaders, teachers, teacher literacy 

7 teams, English as a second language specialists (as 

8 appropriate), paraprofessionals, special educators, 

9 and school librarians in the literacy development of 

10 children served under this subsection. 

11 ‘‘(d) ALLOWABLE USES.—An eligible entity that re12 ceives a subgrant under this section may, in addition to 

13 carrying out the activities described in subsection (b) or 

14 (c), use subgrant funds to carry out the following activities 

15 pertaining to children in kindergarten through grade 12: 

16 ‘‘(1) Recruiting, placing, training, and compen17 sating literacy coaches. 

18 ‘‘(2) Connecting out-of-school learning opportu19 nities to in-school learning in order to improve the 

20 literacy achievement of the children. 

21 ‘‘(3) Training families and caregivers to sup22 port the improvement of adolescent literacy. 

23 ‘‘(4) Providing for a multitier system of sup24 port. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
343 

•S 1177 PCS

1 ‘‘(5) Forming a school literacy leadership team 

2 to help implement, assess, and identify necessary 

3 changes to the literacy initiatives in 1 or more 

4 schools to ensure success. 

5 ‘‘(6) Providing time for teachers (and other lit6 eracy staff, as appropriate, such as school librarians) 

7 to meet to plan comprehensive literacy instruction. 

8 ‘‘SEC. 2405. NATIONAL EVALUATION AND INFORMATION 

9 DISSEMINATION. 

10 ‘‘(a) NATIONAL EVALUATION.—From funds reserved 

11 under section 2402(b)(1), the Director of the Institute of 

12 Education Sciences shall conduct a national evaluation of 

13 the grant and subgrant programs assisted under this part. 

14 Such evaluation shall include evidence-based research that 

15 applies rigorous and systematic procedures to obtain valid 

16 knowledge relevant to the implementation and effect of the 

17 programs and shall directly coordinate with individual 

18 State evaluations of the programs’ implementation and 

19 impact. 

20 ‘‘(b) PROGRAM IMPROVEMENT.—The Secretary 

21 shall— 

22 ‘‘(1) provide the findings of the evaluation con23 ducted under this section to State educational agen24 cies and subgrant recipients for use in program im25 provement; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
344 

•S 1177 PCS

1 ‘‘(2) make such findings publicly available, in2 cluding on the websites of the Department and the 

3 Institute of Education Sciences; and 

4 ‘‘(3) submit such findings to the Committee on 

5 Health, Education, Labor, and Pensions of the Sen6 ate and the Committee on Education and the Work7 force of the House of Representatives. 

8 ‘‘SEC. 2406. SUPPLEMENT, NOT SUPPLANT. 

9 ‘‘Grant funds provided under this part shall be used 

10 to supplement, and not supplant, other Federal or State 

11 funds available to carry out activities described in this 

12 part.’’. 

13 SEC. 2005. IMPROVING SCIENCE, TECHNOLOGY, ENGINEER14 ING, AND MATHEMATICS INSTRUCTION AND 

15 STUDENT ACHIEVEMENT. 

16 Title II (20 U.S.C. 6601 et seq.), as amended by sec17 tions 2001 through 2004, is further amended by adding 

18 at the end the following: 

19 ‘‘PART E—IMPROVING SCIENCE, TECHNOLOGY, 

20 ENGINEERING, AND MATHEMATICS IN21 STRUCTION AND STUDENT ACHIEVEMENT 

22 ‘‘SEC. 2501. PURPOSE. 

23 ‘‘The purpose of this part is to improve student aca24 demic achievement in science, technology, engineering, and 

25 mathematics, including computer science, by— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
345 

•S 1177 PCS

1 ‘‘(1) improving instruction in such subjects 

2 through grade 12; 

3 ‘‘(2) improving student engagement in, and in4 creasing student access to, such subjects; 

5 ‘‘(3) improving the quality and effectiveness of 

6 classroom instruction by recruiting, training, and 

7 supporting highly rated teachers and providing ro8 bust tools and supports for students and teachers in 

9 such subjects; and 

10 ‘‘(4) closing student achievement gaps, and pre11 paring more students to be college and career ready, 

12 in such subjects. 

13 ‘‘SEC. 2502. DEFINITIONS. 

14 ‘‘In this part: 

15 ‘‘(1) ELIGIBLE SUBGRANTEE.—The term ‘eligi16 ble subgrantee’ means— 

17 ‘‘(A) a high-need local educational agency; 

18 ‘‘(B) an educational service agency serving 

19 more than 1 high-need local educational agency; 

20 ‘‘(C) a consortium of high-need local edu21 cational agencies; or 

22 ‘‘(D) an entity described in subparagraph 

23 (A) or (C) of paragraph (2) that has signed a 

24 memorandum of agreement with an entity de25 scribed in subparagraph (A), (B), or (C) of this 


asabaliauskas on DSK5VPTVN1PROD with BILLS
346 

•S 1177 PCS

1 paragraph to implement the requirements of 

2 this part in partnership with such entity. 

3 ‘‘(2) OUTSIDE PARTNER.—The term ‘outside 

4 partner’ means an entity that has expertise and a 

5 demonstrated record of success in improving student 

6 learning and engagement in the identified subjects 

7 described in section 2504(b)(2), including any of the 

8 following: 

9 ‘‘(A) A nonprofit or community-based or10 ganization, which may include a cultural organi11 zation, such as a museum or learning center. 

12 ‘‘(B) A business. 

13 ‘‘(C) An institution of higher education. 

14 ‘‘(D) An educational service agency. 

15 ‘‘(3) STEM MASTER TEACHER CORPS.—The 

16 term ‘STEM master teacher corps’ means a State17 led effort to elevate the status of the science, tech18 nology, engineering, and mathematics teaching pro19 fession by recognizing, rewarding, attracting, and re20 taining outstanding science, technology, engineering, 

21 and mathematic teachers, particularly in high-need 

22 and rural schools, by offering such teachers addi23 tional compensation, instructional resources, and in24 structional leadership roles. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
347 

•S 1177 PCS

1 ‘‘SEC. 2503. GRANTS; ALLOTMENTS. 

2 ‘‘(a) IN GENERAL.—From amounts made available to 

3 carry out this part for a fiscal year, the Secretary shall 

4 award grants to State educational agencies, through allot5 ments described in subsection (b), to enable State edu6 cational agencies to carry out the activities described in 

7 section 2505. 

8 ‘‘(b) DISTRIBUTION OF FUNDS.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

10 for each fiscal year, the Secretary shall allot to each 

11 State— 

12 ‘‘(A) an amount that bears the same rela13 tionship to 35 percent of the amount available 

14 to carry out this part for such year, as the 

15 number of individuals ages 5 through 17 in the 

16 State, as determined by the Secretary on the 

17 basis of the most recent satisfactory data, bears 

18 to the number of those individuals in all such 

19 States, as so determined; and 

20 ‘‘(B) an amount that bears the same rela21 tionship to 65 percent of the amount available 

22 to carry out this part for such year as the num23 ber of individuals ages 5 through 17 from fami24 lies with incomes below the poverty line in the 

25 State, as determined by the Secretary on the 

26 basis of the most recent satisfactory data, bears 


asabaliauskas on DSK5VPTVN1PROD with BILLS
348 

•S 1177 PCS

1 to the number of those individuals in all such 

2 States, as so determined. 

3 ‘‘(2) FUNDING MINIMUM.—No State receiving 

4 an allotment under this subsection may receive less 

5 than one-half of 1 percent of the total amount allot6 ted under paragraph (1) for a fiscal year. 

7 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If a State 

8 does not successfully apply for an allotment under this 

9 part, the Secretary shall reallot the amount of the State’s 

10 allotment to the remaining States in accordance with this 

11 section. 

12 ‘‘SEC. 2504. APPLICATIONS. 

13 ‘‘(a) IN GENERAL.—Each State desiring an allotment 

14 under section 2503(b) shall submit an application to the 

15 Secretary at such time, in such manner, and accompanied 

16 by such information as the Secretary may require. 

17 ‘‘(b) CONTENTS.—At a minimum, an application sub18 mitted under subsection (a) shall include the following: 

19 ‘‘(1) A description of the needs, including as20 sets, identified by the State educational agency 

21 based on a State analysis, which shall include— 

22 ‘‘(A) an analysis of science, technology, en23 gineering, and mathematics education quality 

24 and outcomes in the State, which may include 

25 results from a pre-existing analysis; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
349 

•S 1177 PCS

1 ‘‘(B) labor market information regarding 

2 the industry and business workforce needs with3 in the State; and 

4 ‘‘(C) an analysis of the quality of pre-serv5 ice preparation at all public institutions of high6 er education (including alternative pathways to 

7 teacher licensure or certification) for individuals 

8 preparing to teach science, technology, engi9 neering, and mathematics subjects in the State. 

10 ‘‘(2) An identification of the specific subjects 

11 that the State educational agency will address 

12 through the activities described in section 2505, con13 sistent with the needs identified under paragraph (1) 

14 (referred to in this part as ‘identified subjects’). 

15 ‘‘(3) A description, in a manner that addresses 

16 any needs identified under paragraph (1), of— 

17 ‘‘(A) how grant funds will be used by the 

18 State educational agency to improve instruction 

19 in the identified subjects; 

20 ‘‘(B) the process that the State educational 

21 agency will use for awarding subgrants, includ22 ing how relevant stakeholders will be involved; 

23 ‘‘(C) how the State’s proposed project will 

24 ensure an increase in access for students who 

25 are members of groups underrepresented in 


asabaliauskas on DSK5VPTVN1PROD with BILLS
350 

•S 1177 PCS

1 science, technology, engineering, and mathe2 matics subject fields to high-quality courses in 

3 1 or more of the identified subjects; and 

4 ‘‘(D) how the State educational agency will 

5 continue to involve stakeholders in education re6 form efforts related to science, technology, engi7 neering, and mathematics instruction. 

8 ‘‘SEC. 2505. AUTHORIZED ACTIVITIES. 

9 ‘‘(a) REQUIRED ACTIVITIES.—Each State edu10 cational agency that receives an allotment under this part 

11 shall use the grant funds reserved under subsection (d)(2) 

12 to carry out each of the following activities: 

13 ‘‘(1) Increasing access for students through 

14 grade 12 who are members of groups underrep15 resented in science, technology, engineering, and 

16 mathematics subject fields to high-quality courses in 

17 the identified subjects. 

18 ‘‘(2) Implementing evidence-based programs of 

19 instruction based on high-quality standards and as20 sessments in the identified subjects. 

21 ‘‘(3) Providing professional development and 

22 other comprehensive systems of support for teachers 

23 and school leaders to promote high-quality instruc24 tion and instructional leadership in the identified 

25 subjects. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
351 

•S 1177 PCS

1 ‘‘(b) PERMISSIBLE ACTIVITIES.—Each State edu2 cational agency that receives an allotment under this part 

3 may use the grant funds reserved under subsection (d)(2) 

4 to carry out 1 or more of the following activities: 

5 ‘‘(1) Recruiting qualified teachers and instruc6 tional leaders who are trained in identified subjects, 

7 including teachers who have transitioned into the 

8 teaching profession from a careers in the science, 

9 technology, engineering, and mathematics fields. 

10 ‘‘(2) Providing induction and mentoring serv11 ices to new teachers in identified subjects. 

12 ‘‘(3) Developing instructional supports for iden13 tified subjects, such as curricula and assessments, 

14 which shall be evidence-based and aligned with chal15 lenging State academic standards under section 

16 1111(b)(1). 

17 ‘‘(4) Supporting the development of a State18 wide STEM master teacher corps. 

19 ‘‘(c) SUBGRANTS.— 

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

21 agency that receives a grant under this part shall 

22 use the amounts not reserved under subsection (d) 

23 to award subgrants, on a competitive basis, to eligi24 ble subgrantees to enable the eligible subgrantees to 

25 carry out the activities described in paragraph (4). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
352 

•S 1177 PCS

1 ‘‘(2) MINIMUM SUBGRANT.—A State edu2 cational agency shall award subgrants under this 

3 subsection that are of sufficient size and scope to 

4 support high-quality, evidence-based, effective pro5 grams that are consistent with the purpose of this 

6 part. 

7 ‘‘(3) SUBGRANTEE APPLICATION.— 

8 ‘‘(A) IN GENERAL.—Each eligible sub9 grantee desiring a subgrant under this sub10 section shall submit an application to the State 

11 educational agency at such time, in such man12 ner, and accompanied by such information as 

13 the State educational agency may require. 

14 ‘‘(B) CONTENTS OF SUBGRANTEE APPLI15 CATION.—At a minimum, the application de16 scribed in subparagraph (A) shall include the 

17 following: 

18 ‘‘(i) A description of the activities that 

19 the eligible subgrantee will carry out, and 

20 how such activities will improve teaching 

21 and student academic achievement in the 

22 State’s identified subjects, in a manner 

23 consistent with scientifically valid research. 

24 ‘‘(ii) A description of how the eligible 

25 subgrantee will use funds provided under 


asabaliauskas on DSK5VPTVN1PROD with BILLS
353 

•S 1177 PCS

1 this subsection to serve students and 

2 teachers in high-need schools. 

3 ‘‘(iii) A description of how funds pro4 vided under this subsection will be coordi5 nated with other Federal, State, and local 

6 programs and activities, including career 

7 and technical education programs author8 ized under the Carl D. Perkins Career and 

9 Technical Education Act of 2006. 

10 ‘‘(iv) If the eligible subgrantee is 

11 working with outside partners, a descrip12 tion of how such outside partners will be 

13 involved in improving instruction and in14 creasing access to high-quality learning ex15 periences in the State’s identified subjects. 

16 ‘‘(4) SUBGRANTEE USE OF FUNDS.— 

17 ‘‘(A) REQUIRED USE OF FUNDS.—Each 

18 subgrantee under this subsection shall use the 

19 subgrant funds to carry out activities for stu20 dents through grade 12, as described in the 

21 subgrantee’s application, which shall include— 

22 ‘‘(i) high-quality teacher and instruc23 tional leader recruitment, support, and 

24 evaluation in the State’s identified sub25 jects; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
354 

•S 1177 PCS

1 ‘‘(ii) professional development, which 

2 may include development and support for 

3 instructional coaches, to enable teachers 

4 and instructional leaders to increase stu5 dent achievement in identified subjects; 

6 ‘‘(iii) activities to— 

7 ‘‘(I) improve the content knowl8 edge of teachers in the State’s identi9 fied subjects; 

10 ‘‘(II) facilitate professional col11 laboration, which may include pro12 viding time for such collaborations; 

13 and 

14 ‘‘(III) improve the integration of 

15 informal and after school programs 

16 that target the identified subjects, 

17 with classroom instruction; and 

18 ‘‘(iv) the development, adoption, and 

19 improvement of high-quality curricula and 

20 instructional supports that— 

21 ‘‘(I) are aligned with the chal22 lenging State academic standards 

23 under section 1111(b)(1); and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
355 

•S 1177 PCS

1 ‘‘(II) the eligible subgrantee will 

2 use to improve student academic 

3 achievement in the identified subjects. 

4 ‘‘(B) ALLOWABLE USE OF FUNDS.—In ad5 dition to the required activities described in 

6 subparagraph (A), each eligible subgrantee that 

7 receives a subgrant under this subsection may 

8 also use the subgrant funds to— 

9 ‘‘(i) support the participation of low10 income students in nonprofit competitions 

11 related to science, technology, engineering, 

12 and mathematics subjects (such as robot13 ics, science research, invention, mathe14 matics, computer science, and technology 

15 competitions); 

16 ‘‘(ii) broaden secondary school stu17 dents’ access to, and interest in, careers 

18 that require academic preparation in 1 or 

19 more identified subjects; and 

20 ‘‘(iii) broaden secondary school stu21 dents’ access to early college high schools, 

22 dual enrollment, or concurrent enrollment 

23 courses in science, technology, engineering, 

24 and mathematics subjects, including proVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
356 

•S 1177 PCS

1 viding professional development to teachers 

2 and leaders related to this work. 

3 ‘‘(C) MATCHING FUNDS.—A State may re4 quire an eligible subgrantee receiving a 

5 subgrant under this subsection to demonstrate 

6 that such subgrantee has obtained a commit7 ment from 1 or more outside partners to match, 

8 using non-Federal funds, a portion of the 

9 amount of subgrant funds, in an amount deter10 mined by the State. 

11 ‘‘(d) STATE ACTIVITIES.— 

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

13 agency that receives an allotment under this part 

14 may use not more than 5 percent of grant funds 

15 for— 

16 ‘‘(A) administrative costs; 

17 ‘‘(B) monitoring the implementation of 

18 subgrants; 

19 ‘‘(C) providing technical assistance to eligi20 ble subgrantees; and 

21 ‘‘(D) evaluating subgrants in coordination 

22 with the evaluation described in section 

23 2506(c). 

24 ‘‘(2) RESERVATION.—Each State educational 

25 agency that receives an allotment under this part 


asabaliauskas on DSK5VPTVN1PROD with BILLS
357 

•S 1177 PCS

1 shall reserve not less than 15 and not more than 20 

2 percent of grant funds, inclusive of the amount de3 scribed in paragraph (1), for additional State activi4 ties, consistent with subsections (a) and (b). 

5 ‘‘SEC. 2506. PERFORMANCE METRICS; REPORT; EVALUA6 TION. 

7 ‘‘(a) ESTABLISHMENT OF PERFORMANCE

8 METRICS.—The Secretary, acting through the Director of 

9 the Institute of Education Sciences, shall establish per10 formance metrics to evaluate the effectiveness of the ac11 tivities carried out under this part. 

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

13 agency that receives an allotment under this part shall 

14 prepare and submit an annual report to the Secretary, 

15 which shall include information relevant to the perform16 ance metrics described in subsection (a). 

17 ‘‘(c) EVALUATION.—The Secretary shall— 

18 ‘‘(1) acting through the Director of the Insti19 tute of Education Sciences, and in consultation with 

20 the Director of the National Science Foundation— 

21 ‘‘(A) evaluate the implementation and im22 pact of the activities supported under this part, 

23 including progress measured by the metrics es24 tablished under subsection (a); 


asabaliauskas on DSK5VPTVN1PROD with BILLS
358 

•S 1177 PCS

1 ‘‘(B) identify best practices to improve in2 struction in science, technology, engineering, 

3 and mathematics subjects; and 

4 ‘‘(C) ensure that the Department is taking 

5 appropriate action to avoid unnecessary dupli6 cation of efforts between the activities being 

7 supported under this part and other pro8 grammatic activities supported by the Depart9 ment or by other Federal agencies; and 

10 ‘‘(2) disseminate, in consultation with the Na11 tional Science Foundation, research on best prac12 tices to improve instruction in science, technology, 

13 engineering, and mathematics subjects. 

14 ‘‘SEC. 2507. SUPPLEMENT NOT SUPPLANT. 

15 ‘‘Funds received under this part shall be used to sup16 plement, and not supplant, funds that would otherwise be 

17 used for activities authorized under this part.’’. 

18 SEC. 2006. GENERAL PROVISIONS. 

19 Title II (20 U.S.C. 6601 et seq.), as amended by sec20 tions 2001 through 2005, is further amended by adding 

21 at the end the following: 

22 ‘‘PART F—GENERAL PROVISIONS 

23 ‘‘SEC. 2601. RULES OF CONSTRUCTION. 

24 ‘‘(a) PROHIBITION AGAINST FEDERAL MANDATES, 

25 DIRECTION, OR CONTROL.—Nothing in this title shall be 


asabaliauskas on DSK5VPTVN1PROD with BILLS
359 

•S 1177 PCS

1 construed to authorize the Secretary or any other officer 

2 or employee of the Federal Government to mandate, di3 rect, or control a State, local educational agency, or 

4 school’s— 

5 ‘‘(1) instructional content or materials, cur6 riculum, program of instruction, academic stand7 ards, or academic assessments; 

8 ‘‘(2) teacher, principal, or other school leader 

9 evaluation system; 

10 ‘‘(3) specific definition of teacher, principal, or 

11 other school leader effectiveness; or 

12 ‘‘(4) teacher, principal, or other school leader 

13 professional standards, certification, or licensing. 

14 ‘‘(b) SCHOOL OR DISTRICT EMPLOYEES.—Nothing in 

15 this title shall be construed to alter or otherwise affect 

16 the rights, remedies, and procedures afforded school or 

17 school district employees under Federal, State, or local 

18 laws (including applicable regulations or court orders) or 

19 under the terms of collective bargaining agreements, 

20 memoranda of understanding, or other agreements be21 tween such employees and their employers.’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
360 

•S 1177 PCS

1 TITLE III—LANGUAGE INSTRUC2 TION FOR ENGLISH LEARN3 ERS AND IMMIGRANT STU4 DENTS 

5 SEC. 3001. GENERAL PROVISIONS. 

6 Title III (20 U.S.C. 6801 et seq.) is amended— 

7 (1) in the title heading, by striking ‘‘LIM8 ITED ENGLISH PROFICIENT’’ and inserting 

9 ‘‘ENGLISH LEARNERS’’; 

10 (2) in part A— 

11 (A) by striking section 3122; and 

12 (B) redesignating sections 3123, 3124, 

13 3125, 3126, 3127, 3128, and 3129 as sections 

14 3122, 3123, 3124, 3125, 3126, 3127, and 

15 3128, respectively; 

16 (3) by striking part B; 

17 (4) by redesignating part C as part B; and 

18 (5) in part B, as redesignated by paragraph 

19 (4)— 

20 (A) by redesignating section 3301 as sec21 tion 3201; 

22 (B) by striking section 3302; and 

23 (C) by redesignating sections 3303 and 

24 3304 as sections 3202 and 3203, respectively. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
361 

•S 1177 PCS

1 SEC. 3002. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 3001 (20 U.S.C. 6801) is amended to read 

3 as follows: 

4 ‘‘SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘There are authorized to be appropriated to carry out 

6 this title such sums as may be necessary for each of fiscal 

7 years 2016 through 2021.’’. 

8 SEC. 3003. ENGLISH LANGUAGE ACQUISITION, LANGUAGE 

9 ENHANCEMENT, AND ACADEMIC ACHIEVE10 MENT. 

11 Part A of title III (20 U.S.C. 6811 et seq.) is amend12 ed— 

13 (1) in section 3102, by striking paragraphs (1) 

14 through (9) and inserting the following: 

15 ‘‘(1) to help ensure that English learners, in16 cluding immigrant children and youth, attain 

17 English proficiency, and develop high levels of aca18 demic achievement in English; 

19 ‘‘(2) to assist all English learners, including im20 migrant children and youth, to achieve at high levels 

21 in academic subjects so that children who are 

22 English learners can meet the same challenging 

23 State academic standards that all children are ex24 pected to meet, consistent with section 1111(b)(1); 

25 ‘‘(3) to assist early childhood educators, teach26 ers, principals and other school leaders, State eduVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00361 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
362 

•S 1177 PCS

1 cational agencies, and local educational agencies in 

2 establishing, implementing, and sustaining effective 

3 language instruction educational programs designed 

4 to assist in teaching English learners, including im5 migrant children and youth; 

6 ‘‘(4) to assist early childhood educators, teach7 ers, principals and other school leaders, State edu8 cational agencies, and local educational agencies to 

9 develop and enhance their capacity to provide effec10 tive instruction programs designed to prepare 

11 English learners, including immigrant children and 

12 youth, to enter all English instruction settings; 

13 ‘‘(5) to promote parental, family, and commu14 nity participation in language instruction edu15 cational programs for the parents, families, and 

16 communities of English learners; and 

17 ‘‘(6) to provide incentives to grantees to imple18 ment policies and practices that will lead to signifi19 cant improvements in the instruction and achieve20 ment of English learners.’’; 

21 (2) in section 3111— 

22 (A) in subsection (b)— 

23 (i) in paragraph (2), by striking sub24 paragraphs (A) through (D) and inserting 

25 the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
363 

•S 1177 PCS

1 ‘‘(A) Establishing and implementing, with 

2 timely and meaningful consultation with local 

3 educational agencies representing the geo4 graphic diversity of the State, standardized 

5 statewide entrance and exit procedures, includ6 ing a requirement that all students who may be 

7 English learners are assessed for such status 

8 within 30 days of enrollment in a school in the 

9 State. 

10 ‘‘(B) Providing effective teacher and prin11 cipal preparation, professional development ac12 tivities, and other evidence-based activities re13 lated to the education of English learners, 

14 which may include assisting teachers, prin15 cipals, and other educators in— 

16 ‘‘(i) meeting State and local certifi17 cation and licensing requirements for 

18 teaching English learners; and 

19 ‘‘(ii) improving teaching skills in 

20 meeting the diverse needs of English learn21 ers, including how to implement effective 

22 programs and curricula on teaching 

23 English learners. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
364 

•S 1177 PCS

1 ‘‘(C) Planning, evaluation, administration, 

2 and interagency coordination related to the sub3 grants referred to in paragraph (1). 

4 ‘‘(D) Providing technical assistance and 

5 other forms of assistance to eligible entities that 

6 are receiving subgrants from a State edu7 cational agency under this subpart, including 

8 assistance in— 

9 ‘‘(i) identifying and implementing ef10 fective language instruction educational 

11 programs and curricula for teaching 

12 English learners, including those in early 

13 childhood settings; 

14 ‘‘(ii) helping English learners meet 

15 the same State academic standards that all 

16 children are expected to meet; 

17 ‘‘(iii) identifying or developing, and 

18 implementing, measures of English pro19 ficiency; and 

20 ‘‘(iv) strengthening and increasing 

21 parent, family, and community engagement 

22 in programs that serve English learners. 

23 ‘‘(E) Providing recognition, which may in24 clude providing financial awards, to recipients 

25 of subgrants under section 3115 that have sigVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
365 

•S 1177 PCS

1 nificantly improved the achievement and 

2 progress of English learners in meeting— 

3 ‘‘(i) annual timelines and goals for 

4 progress established under section 

5 1111(c)(1)(K) based on the State’s 

6 English language proficiency assessment 

7 under section 1111(b)(2)(G); and 

8 ‘‘(ii) the challenging State academic 

9 standards described in section 

10 1111(b)(1).’’; and 

11 (ii) in paragraph (3)— 

12 (I) in the heading, by inserting 

13 ‘‘DIRECT’’ before ‘‘ADMINISTRATIVE’’; 

14 and 

15 (II) by inserting ‘‘direct’’ before 

16 ‘‘administrative costs’’; and 

17 (B) in subsection (c)— 

18 (i) in paragraph (1)— 

19 (I) in the matter preceding sub20 paragraph (A), by striking ‘‘section 

21 3001(a)’’ and inserting ‘‘section 

22 3001’’; 

23 (II) in subparagraph (B), by in24 serting ‘‘and’’ after the semicolon; 

25 (III) in subparagraph (C)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
366 

•S 1177 PCS

1 (aa) by striking ‘‘3303’’ 

2 both places it appears and insert3 ing ‘‘3202’’; 

4 (bb) by striking ‘‘not more 

5 than 0.5 percent of such amount 

6 shall be reserved for evaluation 

7 activities conducted by the Sec8 retary and’’; and 

9 (cc) by striking ‘‘; and’’ and 

10 inserting a period; and 

11 (IV) by striking subparagraph 

12 (D); 

13 (ii) by striking paragraphs (2) and 

14 (4); 

15 (iii) by redesignating paragraph (3) as 

16 paragraph (2); 

17 (iv) in paragraph (2)(A), as redesig18 nated by clause (iii)— 

19 (I) in the matter preceding clause 

20 (i), by striking ‘‘section 3001(a)’’ and 

21 inserting ‘‘section 3001’’; and 

22 (II) in clause (i), by striking 

23 ‘‘limited English proficient’’ and all 

24 that follows through ‘‘States;’’ and in25 serting ‘‘English learners in the State 


asabaliauskas on DSK5VPTVN1PROD with BILLS
367 

•S 1177 PCS

1 bears to the number of English learn2 ers in all States, as determined by the 

3 Secretary under paragraph (3);’’; and 

4 (v) by adding at the end the following: 

5 ‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 

6 making State allotments under paragraph (2)(A) for 

7 each fiscal year, the Secretary shall— 

8 ‘‘(A) determine the number of English 

9 learners in a State and in all States, using the 

10 most accurate, up-to-date data, which shall 

11 be— 

12 ‘‘(i) data available from the American 

13 Community Survey conducted by the De14 partment of Commerce, which may be 

15 multiyear estimates; 

16 ‘‘(ii) the number of students being as17 sessed for English language proficiency, 

18 based on the State’s English language pro19 ficiency assessment under section 

20 1111(b)(2)(G), which may be multiyear es21 timates; or 

22 ‘‘(iii) a combination of data available 

23 under clauses (i) and (ii); and 

24 ‘‘(B) determine the number of immigrant 

25 children and youth in the State and in all 


asabaliauskas on DSK5VPTVN1PROD with BILLS
368 

•S 1177 PCS

1 States based only on data available from the 

2 American Community Survey conducted by the 

3 Department of Commerce, which may be 

4 multiyear estimates.’’; 

5 (3) in section 3113— 

6 (A) in subsection (a), by inserting ‘‘reason7 ably’’ before ‘‘require’’; 

8 (B) in subsection (b)— 

9 (i) in paragraph (1), by striking 

10 ‘‘making’’ and inserting ‘‘awarding’’; and 

11 (ii) by striking paragraphs (2) 

12 through (6) and inserting the following: 

13 ‘‘(2) describe how the agency will establish and 

14 implement, with timely and meaningful consultation 

15 with local educational agencies representing the geo16 graphic diversity of the State, standardized, state17 wide entrance and exit procedures, including an as18 surance that all students who may be English learn19 ers are assessed for such status within 30 days of 

20 enrollment in a school in the State; 

21 ‘‘(3) provide an assurance that— 

22 ‘‘(A) the agency will ensure that eligible 

23 entities receiving a subgrant under this subpart 

24 comply with the requirement in section 

25 1111(b)(2)(B)(ix) to annually assess in English 


asabaliauskas on DSK5VPTVN1PROD with BILLS
369 

•S 1177 PCS

1 all English learners who have been in the 

2 United States for 3 or more years; 

3 ‘‘(B) the agency will ensure that eligible 

4 entities receiving a subgrant under this subpart 

5 annually assess the English proficiency of all 

6 English learners participating in a program 

7 funded under this subpart, consistent with sec8 tion 1111(b)(2)(G); 

9 ‘‘(C) in awarding subgrants under section 

10 3114, the agency will address the needs of 

11 school systems of all sizes and in all geographic 

12 areas, including school systems with rural and 

13 urban schools; 

14 ‘‘(D) subgrants to eligible entities under 

15 section 3114(d)(1) will be of sufficient size and 

16 scope to allow such entities to carry out effec17 tive language instruction educational programs 

18 for English learners; 

19 ‘‘(E) the agency will require an eligible en20 tity receiving a subgrant under this subpart to 

21 use the subgrant in ways that will build such 

22 recipient’s capacity to continue to offer effective 

23 language instruction educational programs that 

24 assist English learners in meeting challenging 


asabaliauskas on DSK5VPTVN1PROD with BILLS
370 

•S 1177 PCS

1 State academic standards described in section 

2 1111(b)(1); 

3 ‘‘(F) the agency will monitor each eligible 

4 entity receiving a subgrant under this subpart 

5 for compliance with applicable Federal fiscal re6 quirements; and 

7 ‘‘(G) the plan has been developed in con8 sultation with local educational agencies, teach9 ers, administrators of programs implemented 

10 under this subpart, parents of English learners, 

11 and other relevant stakeholders; 

12 ‘‘(4) describe how the agency will coordinate its 

13 programs and activities under this subpart with 

14 other programs and activities under this Act and 

15 other Acts, as appropriate; 

16 ‘‘(5) describe how each eligible entity will be 

17 given the flexibility to teach English learners— 

18 ‘‘(A) using a high quality, effective lan19 guage instruction curriculum for teaching 

20 English learners; and 

21 ‘‘(B) in the manner the eligible entities de22 termine to be the most effective; 

23 ‘‘(6) describe how the agency will assist eligible 

24 entities in meeting— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
371 

•S 1177 PCS

1 ‘‘(A) annual timelines and goals for 

2 progress established under section 

3 1111(c)(1)(K) based on the State’s English lan4 guage proficiency assessment under section 

5 1111(b)(2)(G); and 

6 ‘‘(B) the challenging State academic stand7 ards described in section 1111(b)(1); 

8 ‘‘(7) describe how the agency will assist eligible 

9 entities in decreasing the number of English learners 

10 who have not yet acquired English proficiency within 

11 5 years of their initial classification as an English 

12 learner; 

13 ‘‘(8) describe how the agency will ensure that 

14 the unique needs of the State’s population of 

15 English learners and immigrant children and youth 

16 are being addressed; and 

17 ‘‘(9) describe how the agency will monitor and 

18 evaluate the progress of each eligible entity receiving 

19 funds under this part toward meeting the timelines 

20 and goals for English proficiency required under sec21 tion 1111(c)(1)(K) and the steps the State will take 

22 to further assist eligible entities if such strategies 

23 funded under this part are not effective in making 

24 such progress and meeting academic goals estab25 lished under section 1111(b)(3)(B)(i) for English 


asabaliauskas on DSK5VPTVN1PROD with BILLS
372 

•S 1177 PCS

1 learners, such as providing technical assistance and 

2 modifying such strategies.’’; 

3 (C) in subsection (d)(2)(B), by striking 

4 ‘‘part’’ and inserting ‘‘subpart’’; and 

5 (D) in subsection (f), by striking ‘‘, objec6 tives,’’; 

7 (4) in section 3114— 

8 (A) in subsection (a)— 

9 (i) by striking ‘‘section 3111(c)(3)’’ 

10 and inserting ‘‘section 3111(c)(2)’’; and 

11 (ii) by striking ‘‘limited English pro12 ficient children’’ both places the term ap13 pears and inserting ‘‘English learners’’; 

14 and 

15 (B) in subsection (d)(1)— 

16 (i) by striking ‘‘section 3111(c)(3)’’ 

17 and inserting ‘‘section 3111(c)(2)’’; and 

18 (ii) by striking ‘‘preceding the fiscal 

19 year’’; 

20 (5) by striking section 3115 and inserting the 

21 following: 

22 ‘‘SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES. 

23 ‘‘(a) PURPOSES OF SUBGRANTS.—A State edu24 cational agency may make a subgrant to an eligible entity 

25 from funds received by the agency under this subpart only 


asabaliauskas on DSK5VPTVN1PROD with BILLS
373 

•S 1177 PCS

1 if the entity agrees to expend the funds to improve the 

2 education of English learners by assisting the children to 

3 learn English and meet the challenging State academic 

4 standards described in section 1111(b)(1). In carrying out 

5 activities with such funds, the eligible entity shall use ef6 fective approaches and methodologies for teaching English 

7 learners and immigrant children and youth for the fol8 lowing purposes: 

9 ‘‘(1) Developing and implementing new lan10 guage instruction educational programs and aca11 demic content instruction programs for English 

12 learners and immigrant children and youth, includ13 ing early childhood education programs, elementary 

14 school programs, and secondary school programs. 

15 ‘‘(2) Carrying out highly focused, innovative, lo16 cally designed activities to expand or enhance exist17 ing language instruction educational programs and 

18 academic content instruction programs for English 

19 learners and immigrant children and youth. 

20 ‘‘(3) Implementing, within an individual school, 

21 schoolwide programs for restructuring, reforming, 

22 and upgrading all relevant programs, activities, and 

23 operations relating to language instruction edu24 cational programs and academic content instruction 


asabaliauskas on DSK5VPTVN1PROD with BILLS
374 

•S 1177 PCS

1 for English learners and immigrant children and 

2 youth. 

3 ‘‘(4) Implementing, within the entire jurisdic4 tion of a local educational agency, agency-wide pro5 grams for restructuring, reforming, and upgrading 

6 all relevant programs, activities, and operations re7 lating to language instruction educational programs 

8 and academic content instruction for English learn9 ers and immigrant children and youth. 

10 ‘‘(b) DIRECT ADMINISTRATIVE EXPENSES.—Each el11 igible entity receiving funds under section 3114(a) for a 

12 fiscal year may use not more than 2 percent of such funds 

13 for the cost of administering this subpart. 

14 ‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi15 ble entity receiving funds under section 3114(a) shall use 

16 the funds— 

17 ‘‘(1) to increase the English language pro18 ficiency of English learners by providing effective 

19 language instruction educational programs that meet 

20 the needs of English learners and are based on high21 quality research demonstrating success in increas22 ing— 

23 ‘‘(A) English language proficiency; and 

24 ‘‘(B) student academic achievement; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
375 

•S 1177 PCS

1 ‘‘(2) to provide effective professional develop2 ment to classroom teachers (including teachers in 

3 classroom settings that are not the settings of lan4 guage instruction educational programs), principals, 

5 other school leaders, administrators, and other 

6 school or community-based organizational personnel, 

7 that is— 

8 ‘‘(A) designed to improve the instruction 

9 and assessment of English learners; 

10 ‘‘(B) designed to enhance the ability of 

11 such teachers, principals, and other school lead12 ers to understand and implement appropriate 

13 curricula, assessment practices, and instruction 

14 strategies for English learners; 

15 ‘‘(C) effective in increasing children’s 

16 English language proficiency or substantially 

17 increasing the subject matter knowledge, teach18 ing knowledge, and teaching skills of such 

19 teachers; and 

20 ‘‘(D) of sufficient intensity and duration 

21 (which shall not include activities such as 1-day 

22 or short-term workshops and conferences) to 

23 have a positive and lasting impact on the teach24 ers’ performance in the classroom, except that 

25 this subparagraph shall not apply to an activity 


asabaliauskas on DSK5VPTVN1PROD with BILLS
376 

•S 1177 PCS

1 that is one component of a long-term, com2 prehensive professional development plan estab3 lished by a teacher and the teacher’s supervisor 

4 based on an assessment of the needs of the 

5 teacher, the supervisor, the students of the 

6 teacher, and any local educational agency em7 ploying the teacher, as appropriate; and 

8 ‘‘(3) to provide and implement effective parent, 

9 family, and community engagement activities in 

10 order to enhance or supplement language instruction 

11 educational programs for English Learners. 

12 ‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Sub13 ject to subsection (c), an eligible entity receiving funds 

14 under section 3114(a) may use the funds to achieve 1 of 

15 the purposes described in subsection (a) by undertaking 

16 1 or more of the following activities: 

17 ‘‘(1) Upgrading program objectives and effec18 tive instruction strategies. 

19 ‘‘(2) Improving the instruction program for 

20 English learners by identifying, acquiring, and up21 grading curricula, instruction materials, educational 

22 software, and assessment procedures. 

23 ‘‘(3) Providing to English learners— 

24 ‘‘(A) tutorials and academic or career and 

25 technical education; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
377 

•S 1177 PCS

1 ‘‘(B) intensified instruction. 

2 ‘‘(4) Developing and implementing effective pre3 school, elementary school, or secondary school lan4 guage instruction educational programs that are co5 ordinated with other relevant programs and services. 

6 ‘‘(5) Improving the English language pro7 ficiency and academic achievement of English learn8 ers. 

9 ‘‘(6) Providing community participation pro10 grams, family literacy services, and parent and fam11 ily outreach and training activities to English learn12 ers and their families— 

13 ‘‘(A) to improve the English language 

14 skills of English learners; and 

15 ‘‘(B) to assist parents and families in help16 ing their children to improve their academic 

17 achievement and becoming active participants 

18 in the education of their children. 

19 ‘‘(7) Improving the instruction of English learn20 ers, including English learners with a disability, by 

21 providing for— 

22 ‘‘(A) the acquisition or development of 

23 educational technology or instructional mate24 rials; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
378 

•S 1177 PCS

1 ‘‘(B) access to, and participation in, elec2 tronic networks for materials, training, and 

3 communication; and 

4 ‘‘(C) incorporation of the resources de5 scribed in subparagraphs (A) and (B) into cur6 ricula and programs, such as those funded 

7 under this subpart. 

8 ‘‘(8) Carrying out other activities that are con9 sistent with the purposes of this section. 

10 ‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUB11 STANTIAL INCREASES IN IMMIGRANT CHILDREN AND

12 YOUTH.— 

13 ‘‘(1) IN GENERAL.—An eligible entity receiving 

14 funds under section 3114(d)(1) shall use the funds 

15 to pay for activities that provide enhanced instruc16 tional opportunities for immigrant children and 

17 youth, which may include— 

18 ‘‘(A) family literacy, parent and family 

19 outreach, and training activities designed to as20 sist parents and families to become active par21 ticipants in the education of their children; 

22 ‘‘(B) recruitment of, and support for per23 sonnel, including early childhood educators, 

24 teachers, paraprofessionals who have been speVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00378 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
379 

•S 1177 PCS

1 cifically trained, or are being trained, to provide 

2 services to immigrant children and youth; 

3 ‘‘(C) provision of tutorials, mentoring, and 

4 academic or career counseling for immigrant 

5 children and youth; 

6 ‘‘(D) identification and acquisition of cur7 ricular materials, educational software, and 

8 technologies to be used in the program carried 

9 out with funds; 

10 ‘‘(E) basic instruction services that are di11 rectly attributable to the presence of immigrant 

12 children and youth in the local educational 

13 agency involved, including the payment of costs 

14 of providing additional classroom supplies, costs 

15 of transportation, or such other costs as are di16 rectly attributable to such additional basic in17 struction services; 

18 ‘‘(F) other instruction services that are de19 signed to assist immigrant children and youth 

20 to achieve in elementary schools and secondary 

21 schools in the United States, such as programs 

22 of introduction to the educational system and 

23 civics education; and 

24 ‘‘(G) activities, coordinated with commu25 nity-based organizations, institutions of higher 


asabaliauskas on DSK5VPTVN1PROD with BILLS
380 

•S 1177 PCS

1 education, private sector entities, or other enti2 ties with expertise in working with immigrants, 

3 to assist parents and families of immigrant chil4 dren and youth by offering comprehensive com5 munity services. 

6 ‘‘(2) DURATION OF SUBGRANTS.—The duration 

7 of a subgrant made by a State educational agency 

8 under section 3114(d)(1) shall be determined by the 

9 agency in its discretion. 

10 ‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 

11 ‘‘(1) IN GENERAL.—To receive a subgrant from 

12 a State educational agency under this subpart, an el13 igible entity shall select one or more methods or 

14 forms of effective instruction to be used in the pro15 grams and activities undertaken by the entity to as16 sist English learners to attain English language pro17 ficiency and meet challenging State academic stand18 ards described in section 1111(b)(1). 

19 ‘‘(2) CONSISTENCY.—Such selection shall be 

20 consistent with sections 3124 through 3126. 

21 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds 

22 made available under this subpart shall be used so as to 

23 supplement the level of Federal, State, and local public 

24 funds that, in the absence of such availability, would have 

25 been expended for programs for English learners and imVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
381 

•S 1177 PCS

1 migrant children and youth and in no case to supplant 

2 such Federal, State, and local public funds.’’; 

3 (6) in section 3116— 

4 (A) in subsection (b), by striking para5 graphs (1) through (6) and inserting the fol6 lowing: 

7 ‘‘(1) describe the high-quality programs and ac8 tivities proposed to be developed, implemented, and 

9 administered under the subgrant and how these ac10 tivities will help English learners increase their 

11 English language proficiency and meet the chal12 lenging State academic standards described in sec13 tion 1111(b)(1); 

14 ‘‘(2) describe how the eligible entity will ensure 

15 elementary schools and secondary schools receiving 

16 funds under this subpart assist English learners in 

17 meeting— 

18 ‘‘(A) annual timelines and goals for 

19 progress established under 1111(c)(1)(K) based 

20 on the State’s English language proficiency as21 sessment under section 1111(b)(2)(G); and 

22 ‘‘(B) the challenging State academic stand23 ards described in section 1111(b)(1); 


asabaliauskas on DSK5VPTVN1PROD with BILLS
382 

•S 1177 PCS

1 ‘‘(3) describe how the eligible entity will pro2 mote parent, family, and community engagement in 

3 the education of English learners; 

4 ‘‘(4) describe how language instruction edu5 cational programs carried out under the subgrant 

6 will ensure that English learners being served by the 

7 programs develop English proficiency and dem8 onstrate such proficiency through academic content 

9 mastery; 

10 ‘‘(5) contain assurances that— 

11 ‘‘(A) each local educational agency that is 

12 included in the eligible entity is complying with 

13 section 1112(d)(2) prior to, and throughout, 

14 each school year as of the date of application, 

15 and will continue to comply with such section 

16 throughout each school year for which the grant 

17 is received; 

18 ‘‘(B) the eligible entity complies with any 

19 State law, including State constitutional law, 

20 regarding the education of English learners, 

21 consistent with sections 3125 and 3126; 

22 ‘‘(C) the eligible entity has based its pro23 posed plan on high-quality research on teaching 

24 English learners; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
383 

•S 1177 PCS

1 ‘‘(D) the eligible entity consulted with 

2 teachers, researchers, school administrators, 

3 parents and family members, community mem4 bers, public or private entities, and institutions 

5 of higher education, in developing and imple6 menting such plan; and 

7 ‘‘(E) the eligible entity will, if applicable, 

8 coordinate activities and share relevant data 

9 under the plan with local Head Start and Early 

10 Head Start agencies, including migrant and 

11 seasonal Head Start agencies, and other early 

12 childhood education providers.’’; 

13 (B) in subsection (c), by striking ‘‘limited 

14 English proficient children’’ and inserting 

15 ‘‘English learners’’; and 

16 (C) by striking subsection (d); 

17 (7) by striking section 3121 and inserting the 

18 following: 

19 ‘‘SEC. 3121. REPORTING. 

20 ‘‘(a) IN GENERAL.—Each eligible entity that receives 

21 a subgrant from a State educational agency under subpart 

22 1 shall provide such agency, at the conclusion of every sec23 ond fiscal year during which the subgrant is received, with 

24 a report, in a form prescribed by the agency, on the activiVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
384 

•S 1177 PCS

1 ties conducted and children served under such subpart 

2 that includes— 

3 ‘‘(1) a description of the programs and activi4 ties conducted by the entity with funds received 

5 under subpart 1 during the 2 immediately preceding 

6 fiscal years; 

7 ‘‘(2) the number and percentage of English 

8 learners in the programs and activities who meet the 

9 annual State-determined goals for progress estab10 lished under section 1111(c)(1)(K), including 

11 disaggregated, at a minimum, by— 

12 ‘‘(A) long-term English learners; and 

13 ‘‘(B) English learners with a disability; 

14 ‘‘(3) the number and percentage of English 

15 learners in the programs and activities attaining 

16 English language proficiency based on State English 

17 language proficiency standards established under 

18 section 1111(b)(1)(F) by the end of each school 

19 year, as determined by the State’s English language 

20 proficiency assessment under section 1111(b)(2)(G); 

21 ‘‘(4) the number and percentage of English 

22 learners who exit the language instruction edu23 cational programs based on their attainment of 

24 English language proficiency; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
385 

•S 1177 PCS

1 ‘‘(5) the number and percentage of English 

2 learners meeting challenging State academic stand3 ards described in section 1111(b)(1) for each of the 

4 2 years after such children are no longer receiving 

5 services under this part, including disaggregated, at 

6 a minimum, by— 

7 ‘‘(A) long-term English learners; and 

8 ‘‘(B) English learners with a disability; 

9 ‘‘(6) the number and percentage of English 

10 learners who have not attained English language 

11 proficiency within 5 years of initial classification as 

12 an English learner; and 

13 ‘‘(7) any other information as the State edu14 cational agency may require. 

15 ‘‘(b) REPORT.—A report provided by an eligible enti16 ty under subsection (a) shall be used by the entity and 

17 the State educational agency for improvement or pro18 grams and activities under this part. 

19 ‘‘(c) SPECIAL RULE FOR SPECIALLY QUALIFIED

20 AGENCIES.—Each specially qualified agency receiving a 

21 grant under this part shall provide the reports described 

22 in subsection (a) to the Secretary subject to the same re23 quirements as apply to eligible entities providing such 

24 evaluations to State educational agencies under such sub25 section.’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
386 

•S 1177 PCS

1 (8) in section 3122, as redesignated by section 

2 3001(2)— 

3 (A) in subsection (a)— 

4 (i) by striking ‘‘evaluations’’ and in5 serting ‘‘reports’’; and 

6 (ii) by striking ‘‘children who are lim7 ited English proficient’’ and inserting 

8 ‘‘English learners’’; and 

9 (B) in subsection (b)— 

10 (i) in paragraph (1)— 

11 (I) by striking ‘‘limited English 

12 proficient children’’ and inserting 

13 ‘‘English learners’’; and 

14 (II) by striking ‘‘children who are 

15 limited English proficient’’ and insert16 ing ‘‘English learners’’; 

17 (ii) in paragraph (4), by striking ‘‘sec18 tion 3111(b)(2)(C)’’ and inserting ‘‘section 

19 3111(b)(2)(D)’’; 

20 (iii) in paragraph (6), by striking 

21 ‘‘major findings of scientifically based re22 search carried out under this part’’ and in23 serting ‘‘findings of the evaluation related 

24 to English learners carried out under sec25 tion 9601’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
387 

•S 1177 PCS

1 (iv) in paragraph (8)— 

2 (I) by striking ‘‘of limited 

3 English proficient children’’ and in4 serting ‘‘of English learners’’; and 

5 (II) by striking ‘‘into classrooms 

6 where instruction is not tailored for 

7 limited English proficient children’’; 

8 and 

9 (v) in paragraph (9), by striking 

10 ‘‘title’’ and inserting ‘‘part’’; 

11 (9) in section 3123, as redesignated by section 

12 3001(2)— 

13 (A) by striking ‘‘children of limited 

14 English proficiency’’ and inserting ‘‘English 

15 learners’’; and 

16 (B) by striking ‘‘limited English proficient 

17 children’’ and inserting ‘‘English learners’’; 

18 (10) in section 3124, as redesignated by section 

19 3001(2)— 

20 (A) in paragraph (1), by striking ‘‘limited 

21 English proficient children’’ and inserting 

22 ‘‘English learners’’; and 

23 (B) in paragraph (2), by striking ‘‘limited 

24 English proficient children’’ and inserting 

25 ‘‘English learners’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
388 

•S 1177 PCS

1 (11) in section 3128, as redesignated by section 

2 3001(2), by striking ‘‘limited English proficient chil3 dren’’ and inserting ‘‘English learners’’; 

4 (12) by striking section 3131 and inserting the 

5 following: 

6 ‘‘SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT 

7 PROJECT. 

8 ‘‘The Secretary shall use funds made available under 

9 section 3111(c)(1)(C) to award grants on a competitive 

10 basis, for a period of not more than 5 years, to institutions 

11 of higher education or public or private entities with rel12 evant experience and capacity (in consortia with State 

13 educational agencies or local educational agencies) to pro14 vide for professional development, capacity building, or 

15 evidence-based activities that will improve classroom in16 struction for English learners and assist educational per17 sonnel working with such children to meet high profes18 sional standards, including standards for certification and 

19 licensure as teachers who work in language instruction 

20 educational programs or serve English learners. Grants 

21 awarded under this section may be used— 

22 ‘‘(1) for preservice or inservice effective profes23 sional development programs that will assist local 

24 schools and may assist institutions of higher edu25 cation to upgrade the qualifications and skills of 


asabaliauskas on DSK5VPTVN1PROD with BILLS
389 

•S 1177 PCS

1 educational personnel who are not certified or li2 censed, especially educational paraprofessionals, and 

3 for other activities to increase teacher and school 

4 leader effectiveness; 

5 ‘‘(2) for the development of curricula or other 

6 instructional strategies appropriate to the needs of 

7 the consortia participants involved; 

8 ‘‘(3) to support strategies that strengthen and 

9 increase parent, family, and community member en10 gagement in the education of English learners; 

11 ‘‘(4) to develop, share, and disseminate effective 

12 practices in the instruction of English learners and 

13 in increasing the student academic achievement of 

14 English learners, such as through the use of tech15 nology-based programs; 

16 ‘‘(5) in conjunction with other Federal need17 based student financial assistance programs, for fi18 nancial assistance, and costs related to tuition, fees, 

19 and books for enrolling in courses required to com20 plete the degree involved, to meet certification or li21 censing requirements for teachers who work in lan22 guage instruction educational programs or serve 

23 English learners; and 

24 ‘‘(6) as appropriate, to support strategies that 

25 promote school readiness of English learners and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
390 

•S 1177 PCS

1 their transition from early childhood education pro2 grams, such as Head Start or State-run preschool 

3 programs to elementary school programs.’’; and 

4 (13) by striking section 3141 and inserting the 

5 following: 

6 ‘‘SEC. 3141. DEFINITIONS. 

7 ‘‘In this part— 

8 ‘‘(1) the term ‘eligible entity’ means— 

9 ‘‘(A) one or more local educational agen10 cies; or 

11 ‘‘(B) one or more local educational agen12 cies, in collaboration with an institution of high13 er education, educational service agency, com14 munity-based organization, or a State edu15 cational agency; 

16 ‘‘(2) the term ‘English Learner with a dis17 ability’ means an English learner who is also a ‘child 

18 with a disability,’ as that term is defined in section 

19 602 of the Individuals with Disabilities Education 

20 Act; and 

21 ‘‘(3) the term ‘long-term English learner’ 

22 means an English learner who has attended schools 

23 in the United States for not less than 5 years and 

24 who has not yet been exited from English learner 


asabaliauskas on DSK5VPTVN1PROD with BILLS
391 

•S 1177 PCS

1 status by the culmination of the fifth year of serv2 ices.’’. 

3 SEC. 3004. OTHER PROVISIONS. 

4 Part B of title III, as redesignated by section 

5 3001(4), is amended— 

6 (1) in section 3201, as redesignated by section 

7 3001(5)— 

8 (A) in paragraph (5)— 

9 (i) in subparagraph (A)— 

10 (I) in clause (i), by striking ‘‘lim11 ited English proficient’’ and inserting 

12 ‘‘English learner’’; and 

13 (II) in clause (ii), by inserting 

14 ‘‘and’’ after the semicolon; 

15 (ii) by striking subparagraph (B); and 

16 (iii) by redesignating subparagraph 

17 (C) as subparagraph (B); and 

18 (B) in paragraph (8)(A), by striking ‘‘a 

19 limited English proficient child’’ and inserting 

20 ‘‘an English learner’’; 

21 (2) in section 3202, as redesignated by section 

22 3001(5)— 

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

24 by striking ‘‘limited English proficient children’’ 

25 and inserting ‘‘English learners’’; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
392 

•S 1177 PCS

1 (B) in paragraph (4)— 

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

3 ‘‘limited English proficient children’’ and 

4 inserting ‘‘English learners, including 

5 English learners with a disability, that in6 cludes information on best practices on in7 structing and serving English learners’’; 

8 and 

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

10 ‘‘limited English proficient children’’ and 

11 inserting ‘‘English learners’’; and 

12 (3) in section 3203, as redesignated by section 

13 3001(5)— 

14 (A) by striking ‘‘limited English proficient 

15 individuals’’ and inserting ‘‘English learners’’; 

16 and 

17 (B) by striking ‘‘limited English proficient 

18 children’’ and inserting ‘‘English learners’’. 

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
393 

•S 1177 PCS

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: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
394 

•S 1177 PCS

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)). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
395 

•S 1177 PCS

1 ‘‘(2) DRUG.—The term ‘drug’ includes con2 trolled substances, the illegal use of alcohol or to3 bacco, and the harmful, abusive, or addictive use of 

4 substances, including inhalants and anabolic 

5 steroids. 

6 ‘‘(3) DRUG AND VIOLENCE PREVENTION.—The 

7 term ‘drug and violence prevention’ means— 

8 ‘‘(A) with respect to drugs, prevention, 

9 early intervention, rehabilitation referral, or 

10 education related to the illegal use of drugs; 

11 and 

12 ‘‘(B) with respect to violence, the pro13 motion of school safety, such that students and 

14 school personnel are free from violent and dis15 ruptive acts, including sexual harassment and 

16 abuse, and victimization associated with preju17 dice and intolerance, on school premises, going 

18 to and from school, and at school-sponsored ac19 tivities, through the creation and maintenance 

20 of a school environment that is free of weapons 

21 and fosters individual responsibility and respect 

22 for the rights of others. 

23 ‘‘(4) SCHOOL-BASED MENTAL HEALTH SERV24 ICES PROVIDER.—The term ‘school-based mental 

25 health services provider’ includes a State licensed or 


asabaliauskas on DSK5VPTVN1PROD with BILLS
396 

•S 1177 PCS

1 State certified school counselor, school psychologist, 

2 school social worker, or other State licensed or cer3 tified mental health professional qualified under 

4 State law to provide such mental health services to 

5 children and adolescents, including children in early 

6 childhood education programs. 

7 ‘‘(5) STATE.—The term ‘State’ means each of 

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

9 Commonwealth of Puerto Rico. 

10 ‘‘SEC. 4103. FORMULA GRANTS TO STATES. 

11 ‘‘(a) RESERVATIONS.—From the total amount appro12 priated under section 4108 for a fiscal year, the Secretary 

13 shall reserve— 

14 ‘‘(1) not more than 5 percent for national ac15 tivities, which the Secretary may carry out directly 

16 or through grants, contracts, or agreements with 

17 public or private entities or individuals, or other 

18 Federal agencies, such as providing technical assist19 ance to States and local educational agencies car20 rying out activities under this part or conducting a 

21 national evaluation; 

22 ‘‘(2) one-half of 1 percent for allotments for the 

23 United States Virgin Islands, Guam, American 

24 Samoa, and the Commonwealth of the Northern 

25 Mariana Islands, to be distributed among those outVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
397 

•S 1177 PCS

1 lying areas on the basis of their relative need, as de2 termined by the Secretary, in accordance with the 

3 purpose of this part; 

4 ‘‘(3) one-half of 1 percent for the Secretary of 

5 the Interior for programs under this part in schools 

6 operated or funded by the Bureau of Indian Edu7 cation; and 

8 ‘‘(4) such funds as may be necessary for the 

9 Project School Emergency Response to Violence pro10 gram (referred to as ‘Project SERV’), which is au11 thorized to provide education-related services to local 

12 educational agencies and institutions of higher edu13 cation in which the learning environment has been 

14 disrupted due to a violent or traumatic crisis, and 

15 which funds shall remain available for obligation 

16 until expended. 

17 ‘‘(b) STATE ALLOTMENTS.— 

18 ‘‘(1) ALLOTMENT.— 

19 ‘‘(A) IN GENERAL.—In accordance with 

20 subparagraph (B), the Secretary shall allot 

21 among each of the States the total amount 

22 made available to carry out this part for any 

23 fiscal year and not reserved under subsection 

24 (a). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
398 

•S 1177 PCS

1 ‘‘(B) DETERMINATION OF STATE ALLOT2 MENT AMOUNTS.—Subject to paragraph (2), 

3 the Secretary shall allot the amount made avail4 able under subparagraph (A) for a fiscal year 

5 among the States in proportion to the number 

6 of individuals, aged 5 to 17, who reside within 

7 the State and are from families with incomes 

8 below the poverty line for the most recent fiscal 

9 year for which satisfactory data are available, 

10 compared to the number of such individuals 

11 who reside in all such States for that fiscal 

12 year. 

13 ‘‘(2) SMALL STATE MINIMUM.—No State receiv14 ing an allotment under paragraph (1) shall receive 

15 less than one-half of 1 percent of the total amount 

16 allotted under such paragraph. 

17 ‘‘(3) PUERTO RICO.—The amount allotted 

18 under subparagraph (A) to the Commonwealth of 

19 Puerto Rico for a fiscal year may not exceed one20 half of 1 percent of the total amount allotted under 

21 such subparagraph. 

22 ‘‘(4) REALLOTMENT.—If a State does not re23 ceive an allotment under this part for a fiscal year, 

24 the Secretary shall reallot the amount of the State’s 


asabaliauskas on DSK5VPTVN1PROD with BILLS
399 

•S 1177 PCS

1 allotment to the remaining States in accordance with 

2 this section. 

3 ‘‘(c) STATE USE OF FUNDS.— 

4 ‘‘(1) IN GENERAL.—Each State that receives an 

5 allotment under this section shall reserve not less 

6 than 95 percent of the amount allotted to such State 

7 under subsection (b), for each fiscal year, for sub8 grants to local educational agencies, which may in9 clude consortia of such agencies, under section 4104. 

10 ‘‘(2) STATE ADMINISTRATION.—A State edu11 cational agency shall use not more than 1 percent of 

12 the amount made available to the State under sub13 section (b) for the administrative costs of carrying 

14 out its responsibilities under this part. 

15 ‘‘(3) STATE ACTIVITIES.—A State educational 

16 agency shall use the amount made available to the 

17 State under subsection (b) and not reserved under 

18 paragraph (1) for activities and programs designed 

19 to meet the purposes of this part, which— 

20 ‘‘(A) shall include— 

21 ‘‘(i) providing training, technical as22 sistance, and capacity building to local 

23 educational agencies that are recipients of 

24 a subgrant under section 4104, which may 

25 include identifying and disseminating best 


asabaliauskas on DSK5VPTVN1PROD with BILLS
400 

•S 1177 PCS

1 practices for professional development and 

2 capacity building for teachers, administra3 tors, and specialized instructional support 

4 personnel in schools that are served by 

5 local educational agencies under this part; 

6 and 

7 ‘‘(ii) publicly reporting on how funds 

8 made available under this part are being 

9 expended by local educational agencies 

10 under section 4104; and 

11 ‘‘(B) may include— 

12 ‘‘(i) identifying and eliminating State 

13 barriers to the coordination and integra14 tion of programs, initiatives, and funding 

15 streams that meet the purposes of this 

16 part, so that local educational agencies can 

17 better coordinate with other agencies, 

18 schools and community-based services and 

19 programs; 

20 ‘‘(ii) assisting local educational agen21 cies to expand access to or coordination of 

22 resources for school-based counseling and 

23 mental health programs, such as through 

24 school-based mental health services partVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
401 

•S 1177 PCS

1 nership programs described in section 

2 4105(a)(4); 

3 ‘‘(iii) supporting programs and activi4 ties that offer a variety of well-rounded 

5 educational experiences to students; 

6 ‘‘(iv) supporting activities that pro7 mote physical and mental health and well8 being for students and staff; 

9 ‘‘(v) designing and implementing a 

10 grant process for local entities that wish to 

11 use funds to reduce exclusionary discipline 

12 practices in elementary schools and sec13 ondary schools, in a manner consistent 

14 with State or federally identified best prac15 tices on the subject; and 

16 ‘‘(vi) other activities identified by the 

17 State that meet the purposes of this part. 

18 ‘‘(d) STATE PLAN.— 

19 ‘‘(1) IN GENERAL.—In order to receive an allot20 ment under this section for any fiscal year, a State 

21 shall submit a plan to the Secretary, at such time 

22 and in such manner as the Secretary may reason23 ably require. 

24 ‘‘(2) CONTENTS.—Each plan submitted by a 

25 State under this section shall include the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
402 

•S 1177 PCS

1 ‘‘(A) A description of how the State edu2 cational agency will use funds received under 

3 this part for State-level activities. 

4 ‘‘(B) A description of program objectives 

5 and outcomes for activities under this part. 

6 ‘‘(C) An assurance that the State edu7 cational agency will review existing resources 

8 and programs across the State and will coordi9 nate any new plans and resources under this 

10 part with such existing programs and resources. 

11 ‘‘(D) An assurance that the State edu12 cational agency will monitor the implementation 

13 of activities under this part and provide tech14 nical assistance to local educational agencies in 

15 carrying out such activities. 

16 ‘‘(3) ANNUAL REPORT.—Each State receiving a 

17 grant under this part shall annually prepare and 

18 submit a report to the Secretary, which shall in19 clude— 

20 ‘‘(A) how the State and local educational 

21 agencies used funds provided under this part; 

22 and 

23 ‘‘(B) the degree to which the State and 

24 local educational agencies have made progress 

25 toward meeting the objectives and outcomes deVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
403 

•S 1177 PCS

1 scribed in the plan submitted by the State 

2 under paragraph (2)(B). 

3 ‘‘SEC. 4104. SUBGRANTS TO LOCAL EDUCATIONAL AGEN4 CIES. 

5 ‘‘(a) ALLOCATIONS TO LOCAL EDUCATIONAL AGEN6 CIES.— 

7 ‘‘(1) IN GENERAL.—A State that receives an al8 lotment under this part for a fiscal year shall pro9 vide the amount made available under section 

10 4103(c)(1) for subgrants to local educational agen11 cies, which may include consortia of such agencies, 

12 in accordance with this section. 

13 ‘‘(2) FUNDS TO LOCAL EDUCATIONAL AGEN14 CIES.—From the funds reserved by a State under 

15 section 4103(c)(1), the State shall allocate to each 

16 local educational agency or consortium of such agen17 cies in the State an amount that bears the same re18 lationship to such funds as the number of individ19 uals aged 5 to 17 from families with incomes below 

20 the poverty line in the geographic area served by the 

21 agency, as determined by the Secretary on the basis 

22 of the most recent satisfactory data, bears to the 

23 number of such individuals in the geographic areas 

24 served by all the local educational agencies in the 

25 State, as so determined. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
404 

•S 1177 PCS

1 ‘‘(3) ADMINISTRATIVE COSTS.—Of the amount 

2 received under paragraph (2), a local educational 

3 agency or consortium of such agencies may use not 

4 more than 2 percent for the direct administrative 

5 costs of carrying out its responsibilities under this 

6 part. 

7 ‘‘(b) LOCAL APPLICATIONS.— 

8 ‘‘(1) IN GENERAL.—To be eligible to receive a 

9 subgrant under this section, a local educational 

10 agency or consortium of such agencies shall submit 

11 an application to the State educational agency at 

12 such time, in such manner, and containing such in13 formation as the State educational agency may rea14 sonably require. 

15 ‘‘(2) CONSULTATION.— 

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

17 agency or consortium of such agencies shall 

18 conduct a needs assessment described in para19 graph (3), and develop its application, through 

20 consultation with parents, teachers, principals, 

21 school leaders, specialized instructional support 

22 personnel, early childhood educators, students, 

23 community-based organizations, local govern24 ment representatives, Indian tribes or tribal or25 ganizations (if applicable) that may be located 


asabaliauskas on DSK5VPTVN1PROD with BILLS
405 

•S 1177 PCS

1 in the region served by the local educational 

2 agency, and others with relevant and dem3 onstrated expertise in programs and activities 

4 designed to meet the purpose of this part. 

5 ‘‘(B) CONTINUED CONSULTATION.—On an 

6 ongoing basis, the local educational agency or 

7 consortium of such agencies shall consult with 

8 the individuals and organizations described in 

9 subparagraph (A) in order to seek advice re10 garding how best— 

11 ‘‘(i) to improve the local activities in 

12 order to meet the purpose of this part; and 

13 ‘‘(ii) to coordinate such activities 

14 under this part with other related strate15 gies, programs, and activities being con16 ducted in the community. 

17 ‘‘(3) NEEDS ASSESSMENT.— 

18 ‘‘(A) IN GENERAL.—To be eligible to re19 ceive a subgrant under this section, a local edu20 cational agency or consortium of such agencies 

21 shall conduct a comprehensive needs assessment 

22 of the local educational agency or agencies pro23 posed to be served and of all schools within the 

24 jurisdiction of the local educational agency or 

25 agencies proposed to be served. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
406 

•S 1177 PCS

1 ‘‘(B) REQUIREMENTS.—In conducting the 

2 needs assessment required under subparagraph 

3 (A), the local educational agency or consortium 

4 of such agencies shall take into account— 

5 ‘‘(i) applicable and available school6 level data on indicators or measures of 

7 school quality, climate and safety, and dis8 cipline, including those described in section 

9 1111(d)(1)(C)(v); and 

10 ‘‘(ii) risk factors in the community, 

11 school, family, or peer-individual domains 

12 that are known, through prospective, longi13 tudinal research efforts, to be predictive of 

14 drug use, violent behavior, harassment, 

15 disciplinary issues, and having an effect on 

16 the physical and mental health and well17 being of youth in the school and commu18 nity. 

19 ‘‘(4) CONTENTS.—Each application submitted 

20 under this subsection shall be based on the needs as21 sessment described in paragraph (3) and shall in22 clude the following: 

23 ‘‘(A) The results of the needs assessment 

24 described in paragraph (3) and an identification 


asabaliauskas on DSK5VPTVN1PROD with BILLS
407 

•S 1177 PCS

1 of each school that will be served by a subgrant 

2 under this section. 

3 ‘‘(B) A description of the activities that 

4 the local educational agency or consortium of 

5 such agencies will carry out under this part and 

6 how these activities are aligned with the results 

7 of the needs assessment conducted under para8 graph (3). 

9 ‘‘(C) A description of the performance in10 dicators that the local educational agency or 

11 consortium of such agencies will use to evaluate 

12 the effectiveness of the activities carried out 

13 under this section. 

14 ‘‘(D) An assurance that such activities will 

15 comply with the principles of effectiveness de16 scribed in section 4105(b), and foster a healthy, 

17 safe, and supportive school environment that 

18 improves students’ safety, health, and well19 being during and after the school day. 

20 ‘‘(E) An assurance that the local edu21 cational agency or consortium of such agencies 

22 will prioritize the distribution of funds to 

23 schools served by the local educational agency 

24 or consortium of such agencies that— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
408 

•S 1177 PCS

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 ‘‘(F) 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 proVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
409 

•S 1177 PCS

1 grams and may be conducted in partnership with non2 profit organizations with a demonstrated track-record of 

3 success in implementing activities, that are in accordance 

4 with the 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 professional devel16 opment and training for school and specialized 

17 instructional support personnel and interested 

18 community members in prevention, education, 

19 early identification, and intervention mentoring, 

20 and, where appropriate, rehabilitation referral, 

21 as related to drug and violence prevention; 

22 ‘‘(B) programs that support extended 

23 learning opportunities, including before and 

24 after school programs and activities, programs 


asabaliauskas on DSK5VPTVN1PROD with BILLS
410 

•S 1177 PCS

1 during summer recess periods, and expanded 

2 learning time; 

3 ‘‘(C) in accordance with subsections (c) 

4 and (d), school-based mental health services, in5 cluding early identification of mental-health 

6 symptoms, drug use and violence, and appro7 priate referrals to direct individual or group 

8 counseling services provided by qualified school 

9 or community-based mental health services pro10 viders; 

11 ‘‘(D) in accordance with subsections (c) 

12 and (d), school-based mental health services 

13 partnership programs that— 

14 ‘‘(i) are conducted in partnership with 

15 a public or private mental-health entity or 

16 health care entity, which may also include 

17 a child welfare agency, family-based mental 

18 health entity, trauma network, or other 

19 community-based entity; and 

20 ‘‘(ii) provide comprehensive school21 based mental health services and supports 

22 and staff development for school and com23 munity personnel working in the school 

24 that are based on trauma-informed and 

25 evidence practices, are coordinated (where 


asabaliauskas on DSK5VPTVN1PROD with BILLS
411 

•S 1177 PCS

1 appropriate) with early intervening services 

2 carried out under the Individuals with Dis3 abilities Education Act, are provided by 

4 qualified mental and behavioral health pro5 fessionals who are certified or licensed by 

6 the State involved and practicing within 

7 their area of expertise, and may include— 

8 ‘‘(I) the early identification of so9 cial, emotional, or behavioral prob10 lems, or substance use disorders, and 

11 the provision of early intervening serv12 ices; 

13 ‘‘(II) notwithstanding section 

14 4107, the treatment or referral for 

15 treatment of students with social, 

16 emotional, or behavioral health prob17 lems, or substance use disorders; 

18 ‘‘(III) the development and im19 plementation of programs to assist 

20 children in dealing with trauma and 

21 violence; and 

22 ‘‘(IV) the development of mecha23 nisms, based on best practices, for 

24 children to report incidents of violence 


asabaliauskas on DSK5VPTVN1PROD with BILLS
412 

•S 1177 PCS

1 or plans by other children or adults to 

2 commit violence; 

3 ‘‘(E) emergency planning and intervention 

4 services following traumatic crisis events; 

5 ‘‘(F) programs that train school personnel 

6 to identify warning signs of youth drug abuse 

7 and suicide; 

8 ‘‘(G) mentoring programs and activities for 

9 children who are at risk of academic failure, 

10 dropping out of school, or involvement in crimi11 nal or delinquent activities, drug use and abuse, 

12 or who lack strong positive role models; 

13 ‘‘(H) early childhood, elementary school, 

14 and secondary school counseling programs, in15 cluding college and career guidance programs, 

16 such as financial literacy and Federal financial 

17 aid awareness efforts; 

18 ‘‘(I) programs or activities that support a 

19 healthy, active lifestyle, including nutritional 

20 education and regular, structured physical edu21 cation programs for early childhood, elementary 

22 school, and secondary school students; 

23 ‘‘(J) implementation of schoolwide positive 

24 behavioral interventions and supports, including 

25 through coordination with similar activities carVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
413 

•S 1177 PCS

1 ried out under the Individuals with Disabilities 

2 Education Act, in order to improve academic 

3 outcomes for students and reduce the need for 

4 suspensions, expulsions, and other actions that 

5 remove students from instruction; 

6 ‘‘(K) programs and activities that offer a 

7 variety of well-rounded educational experience 

8 for students, such as those that— 

9 ‘‘(i) use music and the arts as tools to 

10 promote constructive student engagement, 

11 problem solving, and conflict resolution; or 

12 ‘‘(ii) further students’ understanding 

13 of and knowledge in computer science from 

14 elementary school through secondary 

15 school; 

16 ‘‘(L) systems of high-capacity, integrated 

17 student supports; 

18 ‘‘(M) strategies that establish learning en19 vironments to further students’ academic and 

20 nonacademic skills essential for school readiness 

21 and academic success, such as by providing in22 tegrated systems of student and family supports 

23 and building teacher, principal, and other 

24 school leader capacity; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
414 

•S 1177 PCS

1 ‘‘(N) bullying and harassment prevention 

2 programs or activities, including professional 

3 development and training for school and spe4 cialized instructional support personnel in the 

5 prevention, early identification, and early inter6 vention, as related to bullying and harassment; 

7 ‘‘(O) programs or activities designed to in8 crease school safety and climate, including con9 flict resolution practices, crisis management 

10 techniques, and other school-based violence pre11 vention strategies; 

12 ‘‘(P) pay for success initiatives that 

13 produce a measurable, clearly defined outcome 

14 that results in social benefit and direct cost sav15 ings to the local, State, or Federal Government; 

16 and 

17 ‘‘(Q) other activities and programs identi18 fied as necessary by the local educational agen19 cy through the needs assessment conducted 

20 under section 4104(b)(3) that will increase stu21 dent achievement and otherwise meet the pur22 pose of this part. 

23 ‘‘(b) PRINCIPLES OF EFFECTIVENESS.— 

24 ‘‘(1) IN GENERAL.—For a program or activity 

25 developed or carried out under this part to meet the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
415 

•S 1177 PCS

1 principles of effectiveness, such program or activity 

2 shall— 

3 ‘‘(A) be based upon an assessment of ob4 jective data regarding the need for programs 

5 and activities in the early childhood, elementary 

6 school, secondary school, or community to be 

7 served to— 

8 ‘‘(i) improve school safety and pro9 mote students’ physical and mental health 

10 and well-being, healthy eating and nutri11 tion, and physical fitness; and 

12 ‘‘(ii) strengthen parent and commu13 nity engagement to ensure a healthy, safe, 

14 and supportive school environment; 

15 ‘‘(B) be based upon established State re16 quirements and evidence-based criteria aimed at 

17 ensuring a healthy, safe, and supportive school 

18 environment for students in the early childhood, 

19 elementary school, secondary school, or commu20 nity that will be served by the program; and 

21 ‘‘(C) include meaningful and ongoing con22 sultation with and input from teachers, prin23 cipals, school leaders, and parents in the devel24 opment of the application and administration of 

25 the program or activity. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
416 

•S 1177 PCS

1 ‘‘(2) PERIODIC EVALUATION.— 

2 ‘‘(A) IN GENERAL.—The program or activ3 ity shall undergo a periodic independent, third 

4 party evaluation to assess the extent to which 

5 the program or activity has helped the local 

6 educational agency or school provide students 

7 with a healthy, safe, and supportive school envi8 ronment that promotes school safety and stu9 dents’ physical and mental health and well10 being. 

11 ‘‘(B) USE OF RESULTS.—The local edu12 cational agency or consortium of such agencies 

13 shall ensure that the results of the periodic 

14 evaluations described under subparagraph (A) 

15 are— 

16 ‘‘(i) used to refine, improve, and 

17 strengthen the program or activity, and to 

18 refine locally determined criteria described 

19 under paragraph (1)(B); and 

20 ‘‘(ii) made available to the public and 

21 the State. 

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 effecVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
417 

•S 1177 PCS

1 tiveness developed or utilized by a local educational 

2 agency under this subsection. 

3 ‘‘(c) PARENTAL CONSENT.— 

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

5 agency receiving a subgrant under this part shall ob6 tain prior written, informed consent from the parent 

7 of each child who is under 18 years of age to partici8 pate in any mental-health assessment service or 

9 treatment that is funded under this part and con10 ducted in connection with an elementary school or 

11 secondary school under this part. 

12 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

13 (1), the written, informed consent described in such 

14 paragraph shall not be required in— 

15 ‘‘(A) an emergency, where it is necessary 

16 to protect the immediate health and safety of 

17 the student, other students, or school personnel; 

18 or 

19 ‘‘(B) other instances where parental con20 sent cannot be reasonably obtained, as defined 

21 by the Secretary. 

22 ‘‘(d) PRIVACY.—Each local educational agency receiv23 ing a subgrant under this part shall ensure that student 

24 mental health records are accorded the privacy protections 

25 provided under section 444 of the General Education ProVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
418 

•S 1177 PCS

1 visions Act (20 U.S.C. 1232g)(commonly referred to as 

2 the ‘Family Educational Rights and Privacy Act of 1974’). 

3 ‘‘SEC. 4106. SUPPLEMENT, NOT SUPPLANT. 

4 ‘‘Funds made available under this part shall be used 

5 to supplement, and not supplant, non-Federal funds that 

6 would otherwise be used for activities authorized under 

7 this part. 

8 ‘‘SEC. 4107. PROHIBITIONS. 

9 ‘‘(a) PROHIBITED USE OF FUNDS.—No funds under 

10 this part may be used for— 

11 ‘‘(1) construction; or 

12 ‘‘(2) medical services or drug treatment or re13 habilitation, except for integrated student supports 

14 or referral to treatment for impacted students, 

15 which may include students who are victims of, or 

16 witnesses to, crime or who illegally use drugs. 

17 ‘‘(b) PROHIBITION ON MANDATORY MEDICATION.— 

18 No child shall be required to obtain a prescription for a 

19 substance covered by the Controlled Substances Act (21 

20 U.S.C. 801 et seq.) as a condition of receiving an evalua21 tion, services, or attending a school receiving assistance 

22 under this part. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
419 

•S 1177 PCS

1 ‘‘SEC. 4108. 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 SEC. 4003. 21ST CENTURY COMMUNITY LEARNING CEN6 TERS. 

7 (a) PROGRAM AUTHORIZED.—Part B of title IV (20 

8 U.S.C. 7171 et seq.) is amended to read as follows: 

9 ‘‘PART B—21ST CENTURY COMMUNITY LEARNING 

10 CENTERS 

11 ‘‘SEC. 4201. PURPOSE; DEFINITIONS. 

12 ‘‘(a) PURPOSE.—The purpose of this part is to pro13 vide opportunities for communities to establish or expand 

14 activities in community learning centers that— 

15 ‘‘(1) provide opportunities for academic enrich16 ment, including providing tutorial services to help 

17 students, particularly students who attend low-per18 forming schools, to meet challenging State academic 

19 standards described in section 1111(b)(1); 

20 ‘‘(2) offer students a broad array of additional 

21 services, programs, and activities, such as youth de22 velopment activities, service learning, nutrition and 

23 health education, drug and violence prevention pro24 grams, counseling programs, art, music, physical fit25 ness and wellness programs, technology education 

26 programs, financial literacy programs, math, science, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
420 

•S 1177 PCS

1 career and technical programs, internship or appren2 ticeship programs, and other ties to an in-demand 

3 industry sector or occupation for high school stu4 dents that are designed to reinforce and complement 

5 the regular academic program of participating stu6 dents; and 

7 ‘‘(3) offer families of students served by com8 munity learning centers opportunities for active and 

9 meaningful engagement in their children’s education, 

10 including opportunities for literacy and related edu11 cational development. 

12 ‘‘(b) DEFINITIONS.—In this part: 

13 ‘‘(1) COMMUNITY LEARNING CENTER.—The 

14 term ‘community learning center’ means an entity 

15 that— 

16 ‘‘(A) assists students to meet challenging 

17 State academic standards described in section 

18 1111(b)(1) by providing the students with aca19 demic enrichment activities and a broad array 

20 of other activities (such as programs and activi21 ties described in subsection (a)(2)) during non22 school hours or periods when school is not in 

23 session (such as before and after school or dur24 ing summer recess) that— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
421 

•S 1177 PCS

1 ‘‘(i) reinforce and complement the 

2 regular academic programs of the schools 

3 attended by the students served; and 

4 ‘‘(ii) are targeted to the students’ aca5 demic needs and aligned with the instruc6 tion students receive during the school day; 

7 and 

8 ‘‘(B) offers families of students served by 

9 such center opportunities for literacy, and re10 lated educational development and opportunities 

11 for active and meaningful engagement in their 

12 children’s education. 

13 ‘‘(2) COVERED PROGRAM.—The term ‘covered 

14 program’ means a program for which — 

15 ‘‘(A) the Secretary made a grant under 

16 part B of title IV (as such part was in effect 

17 on the day before the date of enactment of the 

18 Every Child Achieves Act of 2015); and 

19 ‘‘(B) the grant period had not ended on 

20 that date of enactment. 

21 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en22 tity’ means a local educational agency, community23 based organization, Indian tribe or tribal organiza24 tion (as such terms are defined in section 4 of the 

25 Indian Self-Determination and Education Act (25 


asabaliauskas on DSK5VPTVN1PROD with BILLS
422 

•S 1177 PCS

1 U.S.C. 450b)), another public or private entity, or a 

2 consortium of 2 or more such agencies, organiza3 tions, or entities. 

4 ‘‘(4) EXTERNAL ORGANIZATION.—The term ‘ex5 ternal organization’ means— 

6 ‘‘(A) a nonprofit organization with a 

7 record of success in running or working with 

8 after school programs; or 

9 ‘‘(B) in the case of a community where 

10 there is no such organization, a nonprofit orga11 nization in the community that enters into a 

12 formal agreement or partnership with an orga13 nization described in subparagraph (A) to re14 ceive mentoring and guidance. 

15 ‘‘(5) RIGOROUS PEER-REVIEW PROCESS.—The 

16 term ‘rigorous peer-review process’ means a process 

17 by which— 

18 ‘‘(A) employees of a State educational 

19 agency who are familiar with the 21st century 

20 community learning center program under this 

21 part review all applications that the State re22 ceives for awards under this part for complete23 ness and applicant eligibility; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
423 

•S 1177 PCS

1 ‘‘(B) the State educational agency selects 

2 peer reviewers for such applications, who 

3 shall— 

4 ‘‘(i) be selected for their expertise in 

5 providing effective academic, enrichment, 

6 youth development, and related services to 

7 children; and 

8 ‘‘(ii) not include any applicant, or rep9 resentative of an applicant, that has sub10 mitted an application under this part for 

11 the current application period; and 

12 ‘‘(C) the peer reviewers described in sub13 paragraph (B) review and rate the applications 

14 to determine the extent to which the applica15 tions meet the requirements under sections 

16 4204(b) and 4205. 

17 ‘‘(6) STATE.—The term ‘State’ means each of 

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

19 Commonwealth of Puerto Rico. 

20 ‘‘SEC. 4202. ALLOTMENTS TO STATES. 

21 ‘‘(a) RESERVATION.—From the funds appropriated 

22 under section 4206 for any fiscal year, the Secretary shall 

23 reserve— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
424 

•S 1177 PCS

1 ‘‘(1) such amounts as may be necessary to 

2 make continuation awards to grant recipients under 

3 covered programs (under the terms of those grants); 

4 ‘‘(2) not more than 1 percent for national ac5 tivities, which the Secretary may carry out directly 

6 or through grants and contracts, such as providing 

7 technical assistance to eligible entities carrying out 

8 programs under this part or conducting a national 

9 evaluation; and 

10 ‘‘(3) not more than 1 percent for payments to 

11 the outlying areas and the Bureau of Indian Affairs, 

12 to be allotted in accordance with their respective 

13 needs for assistance under this part, as determined 

14 by the Secretary, to enable the outlying areas and 

15 the Bureau to carry out the purpose of this part. 

16 ‘‘(b) STATE ALLOTMENTS.— 

17 ‘‘(1) DETERMINATION.—From the funds appro18 priated under section 4206 for any fiscal year and 

19 remaining after the Secretary makes reservations 

20 under subsection (a), the Secretary shall allot to 

21 each State for the fiscal year an amount that bears 

22 the same relationship to the remainder as the 

23 amount the State received under subpart 2 of part 

24 A of title I for the preceding fiscal year bears to the 

25 amount all States received under that subpart for 


asabaliauskas on DSK5VPTVN1PROD with BILLS
425 

•S 1177 PCS

1 the preceding fiscal year, except that no State shall 

2 receive less than an amount equal to one-half of 1 

3 percent of the total amount made available to all 

4 States under this subsection. 

5 ‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a 

6 State does not receive an allotment under this part 

7 for a fiscal year, the Secretary shall reallot the 

8 amount of the State’s allotment to the remaining 

9 States in accordance with this part. 

10 ‘‘(c) STATE USE OF FUNDS.— 

11 ‘‘(1) IN GENERAL.—Each State that receives an 

12 allotment under this part shall reserve not less than 

13 93 percent of the amount allotted to such State 

14 under subsection (b), for each fiscal year for awards 

15 to eligible entities under section 4204. 

16 ‘‘(2) STATE ADMINISTRATION.—A State edu17 cational agency may use not more than 2 percent of 

18 the amount made available to the State under sub19 section (b) for— 

20 ‘‘(A) the administrative costs of carrying 

21 out its responsibilities under this part; 

22 ‘‘(B) establishing and implementing a rig23 orous peer-review process for grant applications 

24 described in section 4204(b) (including con25 sultation with the Governor and other State 


asabaliauskas on DSK5VPTVN1PROD with BILLS
426 

•S 1177 PCS

1 agencies responsible for administering youth de2 velopment programs and adult learning activi3 ties); and 

4 ‘‘(C) awarding of funds to eligible entities 

5 (in consultation with the Governor and other 

6 State agencies responsible for administering 

7 youth development programs and adult learning 

8 activities). 

9 ‘‘(3) STATE ACTIVITIES.—A State educational 

10 agency may use not more than 5 percent of the 

11 amount made available to the State under subsection 

12 (b) for the following activities: 

13 ‘‘(A) Monitoring and evaluation of pro14 grams and activities assisted under this part. 

15 ‘‘(B) Providing capacity building, training, 

16 and technical assistance under this part. 

17 ‘‘(C) Comprehensive evaluation (directly, 

18 or through a grant or contract) of the effective19 ness of programs and activities assisted under 

20 this part. 

21 ‘‘(D) Providing training and technical as22 sistance to eligible entities who are applicants 

23 for or recipients of awards under this part. 

24 ‘‘(E) Ensuring that any eligible entity that 

25 receives an award under this part from the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
427 

•S 1177 PCS

1 State aligns the activities provided by the pro2 gram with State academic standards. 

3 ‘‘(F) Ensuring that any such eligible entity 

4 identifies and partners with external organiza5 tions, if available, in the community. 

6 ‘‘(G) Working with teachers, principals, 

7 parents, the local workforce, the local commu8 nity, and other stakeholders to review and im9 prove State policies and practices to support the 

10 implementation of effective programs under this 

11 part. 

12 ‘‘(H) Coordinating funds received under 

13 this part with other Federal and State funds to 

14 implement high-quality programs. 

15 ‘‘(I) Providing a list of prescreened exter16 nal organizations, as described in section 

17 4203(a)(11). 

18 ‘‘SEC. 4203. STATE APPLICATION. 

19 ‘‘(a) IN GENERAL.—In order to receive an allotment 

20 under section 4202 for any fiscal year, a State shall sub21 mit to the Secretary, at such time as the Secretary may 

22 require, an application that— 

23 ‘‘(1) designates the State educational agency as 

24 the agency responsible for the administration and 

25 supervision of programs assisted under this part; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
428 

•S 1177 PCS

1 ‘‘(2) describes how the State educational agency 

2 will use funds received under this part, including 

3 funds reserved for State-level activities; 

4 ‘‘(3) contains an assurance that the State edu5 cational agency— 

6 ‘‘(A) will make awards under this part to 

7 eligible entities that serve students who pri8 marily attend schools that have been identified 

9 under section 1114(a)(1)(A) and other schools 

10 determined by the local educational agency to 

11 be in need of intervention and support and the 

12 families of such students; and 

13 ‘‘(B) will further give priority to eligible 

14 entities that propose in the application to serve 

15 students described in subclauses (I) and (II) of 

16 section 4204(i)(1)(A)(i); 

17 ‘‘(4) describes the procedures and criteria the 

18 State educational agency will use for reviewing appli19 cations and awarding funds to eligible entities on a 

20 competitive basis, which shall include procedures and 

21 criteria that take into consideration the likelihood 

22 that a proposed community learning center will help 

23 participating students meet State and local content 

24 and student academic achievement standards; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
429 

•S 1177 PCS

1 ‘‘(5) describes how the State educational agency 

2 will ensure that awards made under this part are— 

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

4 high-quality, effective programs that are con5 sistent with the purpose of this part; and 

6 ‘‘(B) in amounts that are consistent with 

7 section 4204(h); 

8 ‘‘(6) describes the steps the State educational 

9 agency will take to ensure that programs implement 

10 effective strategies, including providing ongoing 

11 technical assistance and training, evaluation, dis12 semination of promising practices, and coordination 

13 of professional development for staff in specific con14 tent areas as well as youth development; 

15 ‘‘(7) describes how programs under this part 

16 will be coordinated with programs under this Act, 

17 and other programs as appropriate; 

18 ‘‘(8) contains an assurance that the State edu19 cational agency— 

20 ‘‘(A) will make awards for programs for a 

21 period of not less than 3 years and not more 

22 than 5 years; and 

23 ‘‘(B) will require each eligible entity seek24 ing such an award to submit a plan describing 

25 how the activities to be funded through the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
430 

•S 1177 PCS

1 award will continue after funding under this 

2 part ends; 

3 ‘‘(9) contains an assurance that funds appro4 priated to carry out this part will be used to supple5 ment, and not supplant, other Federal, State, and 

6 local public funds expended to provide programs and 

7 activities authorized under this part and other simi8 lar programs; 

9 ‘‘(10) contains an assurance that the State edu10 cational agency will require eligible entities to de11 scribe in their applications under section 4204(b) 

12 how the transportation needs of participating stu13 dents will be addressed; 

14 ‘‘(11) describes how the State will prescreen ex15 ternal organizations that could provide assistance in 

16 carrying out the activities under this part, and de17 velop and make available to eligible entities a list of 

18 external organizations that successfully completed 

19 the prescreening process; 

20 ‘‘(12) provides— 

21 ‘‘(A) an assurance that the application was 

22 developed in consultation and coordination with 

23 appropriate State officials, including the chief 

24 State school officer, and other State agencies 

25 administering before and after school (or sumVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
431 

•S 1177 PCS

1 mer school) programs, the heads of the State 

2 health and mental health agencies or their des3 ignees, statewide after school networks (where 

4 applicable) and representatives of teachers, local 

5 educational agencies, and community-based or6 ganizations; and 

7 ‘‘(B) a description of any other representa8 tives of teachers, parents, students, or the busi9 ness community that the State has selected to 

10 assist in the development of the application, if 

11 applicable; 

12 ‘‘(13) describes the results of the State’s needs 

13 and resources assessment for before and after school 

14 activities, which shall be based on the results of on15 going State evaluation activities; 

16 ‘‘(14) describes how the State educational agen17 cy will evaluate the effectiveness of programs and 

18 activities carried out under this part, which shall in19 clude, at a minimum— 

20 ‘‘(A) a description of the performance indi21 cators and performance measures that will be 

22 used to evaluate programs and activities with 

23 emphasis on alignment with the regular aca24 demic program of the school and the academic 


asabaliauskas on DSK5VPTVN1PROD with BILLS
432 

•S 1177 PCS

1 needs of participating students, including per2 formance indicators and measures that— 

3 ‘‘(i) are able to track student success 

4 and improvement over time; 

5 ‘‘(ii) include State assessment results 

6 and other indicators of student success and 

7 improvement, such as improved attendance 

8 during the school day, better classroom 

9 grades, regular (or consistent) program at10 tendance, and on-time advancement to the 

11 next grade level; and 

12 ‘‘(iii) for high school students, may in13 clude indicators such as career com14 petencies, successful completion of intern15 ships or apprenticeships, or work-based 

16 learning opportunities; 

17 ‘‘(B) a description of how data collected 

18 for the purposes of subparagraph (A) will be 

19 collected; and 

20 ‘‘(C) public dissemination of the evalua21 tions of programs and activities carried out 

22 under this part; and 

23 ‘‘(15) provides for timely public notice of intent 

24 to file an application and an assurance that the apVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
433 

•S 1177 PCS

1 plication will be available for public review after sub2 mission. 

3 ‘‘(b) DEEMED APPROVAL.—An application submitted 

4 by a State educational agency pursuant to subsection (a) 

5 shall be deemed to be approved by the Secretary unless 

6 the Secretary makes a written determination, prior to the 

7 expiration of the 120-day period beginning on the date on 

8 which the Secretary received the application, that the ap9 plication is not in compliance with this part. 

10 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally 

11 disapprove the application, except after giving the State 

12 educational agency notice and opportunity for a hearing. 

13 ‘‘(d) NOTIFICATION.—If the Secretary finds that the 

14 application is not in compliance, in whole or in part, with 

15 this part, the Secretary shall— 

16 ‘‘(1) give the State educational agency notice 

17 and an opportunity for a hearing; and 

18 ‘‘(2) notify the State educational agency of the 

19 finding of noncompliance, and, in such notification, 

20 shall— 

21 ‘‘(A) cite the specific provisions in the ap22 plication that are not in compliance; and 

23 ‘‘(B) request additional information, only 

24 as to the noncompliant provisions, needed to 

25 make the application compliant. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
434 

•S 1177 PCS

1 ‘‘(e) RESPONSE.—If the State educational agency re2 sponds to the Secretary’s notification described in sub3 section (d)(2) during the 45-day period beginning on the 

4 date on which the agency received the notification, and 

5 resubmits the application with the requested information 

6 described in subsection (d)(2)(B), the Secretary shall ap7 prove or disapprove such application prior to the later of— 

8 ‘‘(1) the expiration of the 45-day period begin9 ning on the date on which the application is resub10 mitted; or 

11 ‘‘(2) the expiration of the 120-day period de12 scribed in subsection (b). 

13 ‘‘(f) FAILURE TO RESPOND.—If the State edu14 cational agency does not respond to the Secretary’s notifi15 cation described in subsection (d)(2) during the 45-day pe16 riod beginning on the date on which the agency received 

17 the notification, such application shall be deemed to be 

18 disapproved. 

19 ‘‘(g) LIMITATION.—The Secretary may not impose a 

20 priority or preference for States or eligible entities that 

21 seek to use funds made available under this part to extend 

22 the regular school day. 

23 ‘‘SEC. 4204. LOCAL COMPETITIVE GRANT PROGRAM. 

24 ‘‘(a) IN GENERAL.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
435 

•S 1177 PCS

1 ‘‘(1) COMMUNITY LEARNING CENTERS.—A 

2 State that receives funds under this part for a fiscal 

3 year shall provide the amount made available under 

4 section 4202(c)(1) to eligible entities for community 

5 learning centers in accordance with this part. 

6 ‘‘(2) EXPANDED LEARNING PROGRAM ACTIVI7 TIES.—A State that receives funds under this part 

8 for a fiscal year may also use funds under section 

9 4202(c)(1) to support those enrichment and engag10 ing academic activities described in section 4205(a) 

11 that— 

12 ‘‘(A) are included as part of an expanded 

13 learning program that provide students at least 

14 300 additional program hours before, during, or 

15 after the traditional school day; 

16 ‘‘(B) supplement but do not supplant 

17 school day requirements; and 

18 ‘‘(C) are awarded to entities that meet the 

19 requirements of subsection (i). 

20 ‘‘(b) APPLICATION.— 

21 ‘‘(1) IN GENERAL.—To be eligible to receive an 

22 award under this part, an eligible entity shall submit 

23 an application to the State educational agency at 

24 such time, in such manner, and including such inforVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
436 

•S 1177 PCS

1 mation as the State educational agency may reason2 ably require. 

3 ‘‘(2) CONTENTS.—Each application submitted 

4 under paragraph (1) shall include— 

5 ‘‘(A) a description of the activities to be 

6 funded, including— 

7 ‘‘(i) an assurance that the program 

8 will take place in a safe and easily acces9 sible facility; 

10 ‘‘(ii) a description of how students 

11 participating in the program carried out by 

12 the community learning center will travel 

13 safely to and from the center and home, if 

14 applicable; and 

15 ‘‘(iii) a description of how the eligible 

16 entity will disseminate information about 

17 the community learning center (including 

18 its location) to the community in a manner 

19 that is understandable and accessible; 

20 ‘‘(B) a description of how such activities 

21 are expected to improve student academic 

22 achievement as well as overall student success; 

23 ‘‘(C) a demonstration of how the proposed 

24 program will coordinate Federal, State, and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
437 

•S 1177 PCS

1 local programs and make the most effective use 

2 of public resources; 

3 ‘‘(D) an assurance that the proposed pro4 gram was developed, and will be carried out— 

5 ‘‘(i) in active collaboration with the 

6 schools the students attend (including 

7 through the sharing of relevant student 

8 data among the schools), all participants in 

9 the eligible entity, and any partnership en10 tities described in subparagraph (H), while 

11 complying with applicable laws relating to 

12 privacy and confidentiality; and 

13 ‘‘(ii) in alignment with State and local 

14 content and student academic achievement 

15 standards; 

16 ‘‘(E) a description of how the activities will 

17 meet the principles of effectiveness described in 

18 section 4205(b); 

19 ‘‘(F) an assurance that the program will 

20 target students who primarily attend schools el21 igible for schoolwide programs under section 

22 1114 and the families of such students; 

23 ‘‘(G) an assurance that funds under this 

24 part will be used to increase the level of State, 

25 local, and other non-Federal funds that would, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
438 

•S 1177 PCS

1 in the absence of funds under this part, be 

2 made available for programs and activities au3 thorized under this part, and in no case sup4 plant Federal, State, local, or non-Federal 

5 funds; 

6 ‘‘(H) a description of the partnership be7 tween a local educational agency, a community8 based organization, and another public entity or 

9 private entity, if appropriate; 

10 ‘‘(I) an evaluation of the community needs 

11 and available resources for the community 

12 learning center and a description of how the 

13 program proposed to be carried out in the cen14 ter will address those needs (including the 

15 needs of working families); 

16 ‘‘(J) a demonstration that the eligible enti17 ty will use best practices, including research or 

18 evidence-based practices, to provide educational 

19 and related activities that will complement and 

20 enhance academic performance, achievement, 

21 postsecondary and workforce preparation, and 

22 positive youth development of the students; 

23 ‘‘(K) a description of a preliminary plan 

24 for how the community learning center will con25 tinue after funding under this part ends; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
439 

•S 1177 PCS

1 ‘‘(L) an assurance that the community will 

2 be given notice of an intent to submit an appli3 cation and that the application and any waiver 

4 request will be available for public review after 

5 submission of the application; 

6 ‘‘(M) if the eligible entity plans to use vol7 unteers in activities carried out through the 

8 community learning center, a description of how 

9 the eligible entity will encourage and use appro10 priately qualified persons to serve as the volun11 teers; and 

12 ‘‘(N) such other information and assur13 ances as the State educational agency may rea14 sonably require. 

15 ‘‘(c) APPROVAL OF CERTAIN APPLICATIONS.—The 

16 State educational agency may approve an application 

17 under this part for a program to be located in a facility 

18 other than an elementary school or secondary school only 

19 if the program will be at least as available and accessible 

20 to the students to be served as if the program were located 

21 in an elementary school or secondary school. 

22 ‘‘(d) PERMISSIVE LOCAL MATCH.— 

23 ‘‘(1) IN GENERAL.—A State educational agency 

24 may require an eligible entity to match funds award25 ed under this part, except that such match may not 


asabaliauskas on DSK5VPTVN1PROD with BILLS
440 

•S 1177 PCS

1 exceed the amount of the grant award and may not 

2 be derived from other Federal or State funds. 

3 ‘‘(2) SLIDING SCALE.—The amount of a match 

4 under paragraph (1) shall be established based on a 

5 sliding fee scale that takes into account— 

6 ‘‘(A) the relative poverty of the population 

7 to be targeted by the eligible entity; and 

8 ‘‘(B) the ability of the eligible entity to ob9 tain such matching funds. 

10 ‘‘(3) IN-KIND CONTRIBUTIONS.—Each State 

11 educational agency that requires an eligible entity to 

12 match funds under this subsection shall permit the 

13 eligible entity to provide all or any portion of such 

14 match in the form of in-kind contributions. 

15 ‘‘(4) CONSIDERATION.—Notwithstanding this 

16 subsection, a State educational agency shall not con17 sider an eligible entity’s ability to match funds when 

18 determining which eligible entities will receive 

19 awards under this part. 

20 ‘‘(e) PEER REVIEW.—In reviewing local applications 

21 under this part, a State educational agency shall use a 

22 rigorous peer-review process or other methods of assuring 

23 the quality of such applications. 

24 ‘‘(f) GEOGRAPHIC DIVERSITY.—To the extent prac25 ticable, a State educational agency shall distribute funds 


asabaliauskas on DSK5VPTVN1PROD with BILLS
441 

•S 1177 PCS

1 under this part equitably among geographic areas within 

2 the State, including urban and rural communities. 

3 ‘‘(g) DURATION OF AWARDS.—Grants under this 

4 part shall be awarded for a period of not less than 3 years 

5 and not more than 5 years. 

6 ‘‘(h) AMOUNT OF AWARDS.—A grant awarded under 

7 this part may not be made in an amount that is less than 

8 $50,000. 

9 ‘‘(i) PRIORITY.— 

10 ‘‘(1) IN GENERAL.—In awarding grants under 

11 this part, a State educational agency shall give pri12 ority to applications— 

13 ‘‘(A) proposing to target services to— 

14 ‘‘(i) students who primarily attend 

15 schools that— 

16 ‘‘(I) have been identified under 

17 section 1114(a) and other schools de18 termined by the local educational 

19 agency to be in need of intervention 

20 and support to improve student aca21 demic achievement and other out22 comes; and 

23 ‘‘(II) enroll students who may be 

24 at risk for academic failure, dropping 

25 out of school, involvement in criminal 


asabaliauskas on DSK5VPTVN1PROD with BILLS
442 

•S 1177 PCS

1 or delinquent activities, or who lack 

2 strong positive role models; and 

3 ‘‘(ii) the families of students described 

4 in clause (i); 

5 ‘‘(B) submitted jointly by eligible entities 

6 consisting of not less than 1— 

7 ‘‘(i) local educational agency receiving 

8 funds under part A of title I; and 

9 ‘‘(ii) another eligible entity; and 

10 ‘‘(C) demonstrating that the activities pro11 posed in the application— 

12 ‘‘(i) are, as of the date of the submis13 sion of the application, not accessible to 

14 students who would be served; or 

15 ‘‘(ii) would expand accessibility to 

16 high-quality services that may be available 

17 in the community. 

18 ‘‘(2) SPECIAL RULE.—The State educational 

19 agency shall provide the same priority under para20 graph (1) to an application submitted by a local edu21 cational agency if the local educational agency dem22 onstrates that it is unable to partner with a commu23 nity-based organization in reasonable geographic 

24 proximity and of sufficient quality to meet the re25 quirements of this part. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
443 

•S 1177 PCS

1 ‘‘(3) LIMITATION.—A State educational agency 

2 may not impose a priority or preference for eligible 

3 entities that seek to use funds made available under 

4 this part to extend the regular school day. 

5 ‘‘(j) RENEWABILITY OF AWARDS.—A State edu6 cational agency may renew a grant provided under this 

7 part to an eligible entity, based on the eligible entity’s per8 formance during the original grant period. 

9 ‘‘SEC. 4205. LOCAL ACTIVITIES. 

10 ‘‘(a) AUTHORIZED ACTIVITIES.—Each eligible entity 

11 that receives an award under section 4204 may use the 

12 award funds to carry out a broad array of activities that 

13 advance student academic achievement and support stu14 dent success, including— 

15 ‘‘(1) academic enrichment learning programs, 

16 mentoring programs, remedial education activities, 

17 and tutoring services, that are aligned with— 

18 ‘‘(A) State and local content and student 

19 academic achievement standards; and 

20 ‘‘(B) local curricula that are designed to 

21 improve student academic achievement; 

22 ‘‘(2) core academic subject education activities, 

23 including such activities that enable students to be 

24 eligible for credit recovery or attainment; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
444 

•S 1177 PCS

1 ‘‘(3) literacy education programs, including fi2 nancial literacy programs; 

3 ‘‘(4) programs that support a healthy, active 

4 lifestyle, including nutritional education and regular, 

5 structured physical activity programs; 

6 ‘‘(5) services for individuals with disabilities; 

7 ‘‘(6) programs that provide after school activi8 ties for students who are English learners that em9 phasize language skills and academic achievement; 

10 ‘‘(7) cultural programs; 

11 ‘‘(8) telecommunications and technology edu12 cation programs; 

13 ‘‘(9) expanded library service hours; 

14 ‘‘(10) parenting skills programs that promote 

15 parental involvement and family literacy; 

16 ‘‘(11) programs that provide assistance to stu17 dents who have been truant, suspended, or expelled 

18 to allow the students to improve their academic 

19 achievement; 

20 ‘‘(12) drug and violence prevention programs 

21 and counseling programs; 

22 ‘‘(13) programs that build skills in science, 

23 technology, engineering and mathematics (referred 

24 to in this paragraph as ‘STEM’) and that foster inVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
445 

•S 1177 PCS

1 novation in learning by supporting nontraditional 

2 STEM education teaching methods; and 

3 ‘‘(14) programs that partner with in-demand 

4 fields of the local workforce or build career com5 petencies and career readiness and ensure that local 

6 workforce and career readiness skills are aligned 

7 with the Carl D. Perkins Career and Technical Edu8 cation Act of 2006 and the Workforce Innovation 

9 and Opportunity Act. 

10 ‘‘(b) MEASURES OF EFFECTIVENESS.— 

11 ‘‘(1) IN GENERAL.—For a program or activity 

12 developed pursuant to this part to meet the meas13 ures of effectiveness, monitored by the State edu14 cational agency as described in section 4203(a)(14), 

15 such program or activity shall— 

16 ‘‘(A) be based upon an assessment of ob17 jective data regarding the need for before and 

18 after school programs (including during sum19 mer recess periods) and activities in the schools 

20 and communities; 

21 ‘‘(B) be based upon an established set of 

22 performance measures aimed at ensuring the 

23 availability of high quality academic enrichment 

24 opportunities; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
446 

•S 1177 PCS

1 ‘‘(C) if appropriate, be based upon evi2 dence-based research that provides evidence 

3 that the program or activity will help students 

4 meet the State and local student academic 

5 achievement standards; 

6 ‘‘(D) ensure that measures of student suc7 cess align with the regular academic program of 

8 the school and the academic needs of partici9 pating students and include performance indica10 tors and measures described in section 

11 4203(a)(14)(A); and 

12 ‘‘(E) collect the data necessary for the 

13 measures of student success described in sub14 paragraph (D). 

15 ‘‘(2) PERIODIC EVALUATION.— 

16 ‘‘(A) IN GENERAL.—The program or activ17 ity shall undergo a periodic evaluation in con18 junction with the State educational agency’s 

19 overall evaluation plan as described in section 

20 4203(a)(14), to assess the program’s progress 

21 toward achieving the goal of providing high 

22 quality opportunities for academic enrichment 

23 and overall student success. 

24 ‘‘(B) USE OF RESULTS.—The results of 

25 evaluations under subparagraph (A) shall be— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
447 

•S 1177 PCS

1 ‘‘(i) used to refine, improve, and 

2 strengthen the program or activity, and to 

3 refine the performance measures; 

4 ‘‘(ii) made available to the public upon 

5 request, with public notice of such avail6 ability provided; and 

7 ‘‘(iii) used by the State to determine 

8 whether a grant is eligible to be renewed 

9 under section 4204(j). 

10 ‘‘SEC. 4206. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘There are authorized to be appropriated to carry out 

12 this part such sums as may be necessary for each of fiscal 

13 years 2016 through 2021.’’. 

14 (b) TRANSITION.—The recipient of a multiyear grant 

15 award under part B of title IV of the Elementary and Sec16 ondary Education Act of 1965 (20 U.S.C. 7171 et seq.), 

17 as such Act was in effect on the day before the date of 

18 enactment of this Act, shall continue to receive funds in 

19 accordance with the terms and conditions of such award. 

20 SEC. 4004. ELEMENTARY SCHOOL AND SECONDARY 

21 SCHOOL COUNSELING PROGRAMS. 

22 Title IV (20 U.S.C. 7101 et seq.), as amended by 

23 section 4001, is further amended by inserting after part 

24 B the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
448 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
449 

•S 1177 PCS

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 improvement 

7 and schools that are the persistently lowest 

8 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 priced 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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
450 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
451 

•S 1177 PCS

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 meaning 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 which 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 service 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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
452 

•S 1177 PCS

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 service 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 part 

23 ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

24 more than 4 percent of the amounts made available under 


asabaliauskas on DSK5VPTVN1PROD with BILLS
453 

•S 1177 PCS

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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
454 

•S 1177 PCS

1 ‘‘(2) SCHOOL-BASED MENTAL HEALTH SERVICE

2 PROVIDER.—The term ‘school-based mental health 

3 service provider’ has the meaning given the term in 

4 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: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
455 

•S 1177 PCS

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: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
456 

•S 1177 PCS

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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
457 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
458 

•S 1177 PCS

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 shall be 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— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
459 

•S 1177 PCS

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 TITLE V—EMPOWERING PAR21 ENTS AND EXPANDING OP22 PORTUNITY THROUGH INNO23 VATION 

24 SEC. 5001. GENERAL PROVISIONS. 

25 Title V (20 U.S.C. 7201 et seq.) is amended— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
460 

•S 1177 PCS

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: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
461 

•S 1177 PCS

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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
462 

•S 1177 PCS

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— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
463 

•S 1177 PCS

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 havVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
464 

•S 1177 PCS

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 fis16 cal 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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
465 

•S 1177 PCS

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)(A) 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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
466 

•S 1177 PCS

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— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
467 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
468 

•S 1177 PCS

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 purposes of 

10 this 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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
469 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
470 

•S 1177 PCS

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 each eligible applicant 

24 that receives a subgrant under the State 

25 entity’s program— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
471 

•S 1177 PCS

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; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
472 

•S 1177 PCS

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 ac12 tively monitor and hold authorized public char13 tering agencies accountable to ensure high-qual14 ity authorizing activity, including by estab15 lishing authorizing standards and by approving, 

16 reapproving, and revoking the authority of an 

17 authorized public chartering agency based on 

18 the performance of the charter schools author19 ized by such agency in the areas of student 

20 achievement, student safety, financial and oper21 ational management, and compliance with all 

22 applicable statutes; 

23 ‘‘(C) a description of the extent to which 

24 the State entity— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
473 

•S 1177 PCS

1 ‘‘(i) is able to meet and carry out the 

2 priorities described in subsection (g)(2); 

3 ‘‘(ii) is working to develop or 

4 strengthen a cohesive statewide system to 

5 support the opening of new charter schools 

6 and, if applicable, the replication of high7 quality charter schools, and the expansion 

8 of high-quality charter schools; and 

9 ‘‘(iii) will solicit and consider input 

10 from parents and other members of the 

11 community on the implementation and op12 eration of each charter school receiving 

13 funds under the State entity’s charter 

14 school program under this section; 

15 ‘‘(D) a description of how the State entity 

16 will award subgrants, on a competitive basis, in17 cluding— 

18 ‘‘(i) a description of the application 

19 each eligible applicant desiring to receive a 

20 subgrant will be required to submit, which 

21 application shall include— 

22 ‘‘(I) a description of the roles 

23 and responsibilities of eligible appli24 cants, and of any charter management 

25 organizations or other organizations 


asabaliauskas on DSK5VPTVN1PROD with BILLS
474 

•S 1177 PCS

1 with which the eligible applicant will 

2 partner to open charter schools, in3 cluding the administrative and con4 tractual roles and responsibilities of 

5 such partners; 

6 ‘‘(II) a description of the quality 

7 controls agreed to between the eligible 

8 applicant and the authorized public 

9 chartering agency involved, such as a 

10 contract or performance agreement, 

11 financial audits to ensure adequate 

12 fiscal oversight, and how a school’s 

13 performance on the State’s account14 ability system and impact on student 

15 achievement (which may include stu16 dent academic growth) will be one of 

17 the most important factors for re18 newal or revocation of the school’s 

19 charter; 

20 ‘‘(III) a description of how the 

21 autonomy and flexibility granted to a 

22 charter school is consistent with the 

23 definition of a charter school in sec24 tion 5110; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
475 

•S 1177 PCS

1 ‘‘(IV) a description of the eligible 

2 applicant’s planned activities and ex3 penditures of subgrant funds for pur4 poses of opening a new charter school, 

5 replicating a high-quality charter 

6 school, or expanding a high-quality 

7 charter school, and how the eligible 

8 applicant will maintain fiscal sustain9 ability after the end of the subgrant 

10 period; and 

11 ‘‘(ii) a description of how the State 

12 entity will review applications from eligible 

13 applicants; 

14 ‘‘(E) in the case of a State entity that 

15 partners with an outside organization to carry 

16 out the entity’s quality charter school program, 

17 in whole or in part, a description of the roles 

18 and responsibilities of the partner; and 

19 ‘‘(F) a description of how the State entity 

20 will help the charter schools receiving funds 

21 under the State entity’s program address the 

22 transportation needs of the schools’ students. 

23 ‘‘(2) ASSURANCES.—Assurances that— 

24 ‘‘(A) each charter school receiving funds 

25 through the State entity’s program will have a 


asabaliauskas on DSK5VPTVN1PROD with BILLS
476 

•S 1177 PCS

1 high degree of autonomy over budget and oper2 ations, including autonomy over personnel deci3 sions; 

4 ‘‘(B) the State entity will support charter 

5 schools in meeting the educational needs of 

6 their students, as described in paragraph 

7 (1)(A)(x); 

8 ‘‘(C) the State entity will ensure that the 

9 authorized public chartering agency of any 

10 charter school that receives funds under the en11 tity’s program— 

12 ‘‘(i) ensures that the charter school 

13 under the authority of such agency is 

14 meeting the requirements of this Act, part 

15 B of the Individuals with Disabilities Edu16 cation Act, title VI of the Civil Rights Act 

17 of 1964, and section 504 of the Rehabilita18 tion Act of 1973; and 

19 ‘‘(ii) adequately monitors and provides 

20 adequate technical assistance to each char21 ter school under the authority of such 

22 agency in recruiting, enrolling, retaining, 

23 and meeting the needs of all students, in24 cluding children with disabilities and stu25 dents who are English learners; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
477 

•S 1177 PCS

1 ‘‘(D) the State entity will promote quality 

2 authorizing, such as through providing technical 

3 assistance to support each authorized public 

4 chartering agency in the State to improve such 

5 agency’s ability to monitor the charter schools 

6 authorized by the agency, including by— 

7 ‘‘(i) using annual performance data, 

8 which may include graduation rates and 

9 student academic growth data, as appro10 priate, to measure a school’s progress to11 ward becoming a high-quality charter 

12 school; 

13 ‘‘(ii) reviewing the schools’ inde14 pendent, annual audits of financial state15 ments conducted in accordance with gen16 erally accepted accounting principles, and 

17 ensuring any such audits are publically re18 ported; and 

19 ‘‘(iii) holding charter schools account20 able to the academic, financial, and oper21 ational quality controls agreed to between 

22 the charter school and the authorized pub23 lic chartering agency involved, such as 

24 through renewal, non-renewal, or revoca25 tion of the school’s charter; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
478 

•S 1177 PCS

1 ‘‘(E) the State entity will ensure that each 

2 charter school in the State makes publicly avail3 able, consistent with the dissemination require4 ments of the annual State report card, includ5 ing on the website of the school, information to 

6 help parents make informed decisions about the 

7 education options available to their children, in8 cluding information on the educational pro9 gram, student support services, parent contract 

10 requirements (as applicable), including any fi11 nancial obligations or fees, enrollment criteria 

12 (as applicable), and annual performance and 

13 enrollment data for each of the categories of 

14 students, as defined in section 1111(b)(3)(A). 

15 ‘‘(3) REQUESTS FOR WAIVERS.— 

16 ‘‘(A) FEDERAL STATUTE AND REGULA17 TION.—A request and justification for waivers 

18 of any Federal statutory or regulatory provi19 sions that the State entity believes are nec20 essary for the successful operation of the char21 ter schools that will receive funds under the en22 tity’s program under this section. 

23 ‘‘(B) STATE AND LOCAL RULES.—A de24 scription of any State or local rules, generally 

25 applicable to public schools, that will be waived, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
479 

•S 1177 PCS

1 or otherwise not apply, to such schools or, in 

2 the case of a State entity defined in subsection 

3 (a)(4), a description of how the State entity will 

4 work with the State to request necessary waiv5 ers, if applicable. 

6 ‘‘(g) SELECTION CRITERIA; PRIORITY.— 

7 ‘‘(1) SELECTION CRITERIA.—The Secretary 

8 shall award grants to State entities under this sec9 tion on the basis of the quality of the applications 

10 submitted under subsection (f), after taking into 

11 consideration— 

12 ‘‘(A) the degree of flexibility afforded by 

13 the State’s public charter school law and how 

14 the State entity will work to maximize the flexi15 bility provided to charter schools under such 

16 law; 

17 ‘‘(B) the proposed number of new charter 

18 schools to be opened, and, if applicable, the 

19 number of high-quality charter schools to be 

20 replicated or expanded under the program, and 

21 the number of new students to be served by 

22 such schools; 

23 ‘‘(C) the likelihood that the schools opened, 

24 replicated, or expanded by eligible applicants re25 ceiving subgrant funds will increase the acaVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
480 

•S 1177 PCS

1 demic achievement of the school’s students and 

2 progress toward becoming high-quality charter 

3 schools; and 

4 ‘‘(D) the quality of the State entity’s plan 

5 to— 

6 ‘‘(i) monitor the eligible applicants re7 ceiving subgrants under the State entity’s 

8 program; 

9 ‘‘(ii) provide technical assistance and 

10 support for— 

11 ‘‘(I) the eligible applicants receiv12 ing subgrants under the State entity’s 

13 program; and 

14 ‘‘(II) quality authorizing efforts 

15 in the State. 

16 ‘‘(2) PRIORITY.—In awarding grants under this 

17 section, the Secretary shall give priority to a State 

18 entity to the extent that the entity meets the fol19 lowing criteria: 

20 ‘‘(A) The State entity is located in a State 

21 that— 

22 ‘‘(i) allows at least one entity that is 

23 not the local educational agency to be an 

24 authorized public chartering agency for 


asabaliauskas on DSK5VPTVN1PROD with BILLS
481 

•S 1177 PCS

1 each developer seeking to open a charter 

2 school in the State; or 

3 ‘‘(ii) in the case of a State in which 

4 local educational agencies are the only au5 thorized public chartering agencies, the 

6 State has an appeals process for the denial 

7 of an application for a charter school. 

8 ‘‘(B) The State entity is located in a State 

9 that ensures that charter schools receive equi10 table financing, as compared to traditional pub11 lic schools, in a prompt manner. 

12 ‘‘(C) The State entity is located in a State 

13 that provides charter schools one or more of the 

14 following: 

15 ‘‘(i) Funding for facilities. 

16 ‘‘(ii) Assistance with facilities acquisi17 tion. 

18 ‘‘(iii) Access to public facilities. 

19 ‘‘(iv) The ability to share in bonds or 

20 mill levies. 

21 ‘‘(v) The right of first refusal to pur22 chase public school buildings. 

23 ‘‘(vi) Low- or no-cost leasing privi24 leges. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
482 

•S 1177 PCS

1 ‘‘(D) The State entity is located in a State 

2 that uses best practices from charter schools to 

3 help improve struggling schools and local edu4 cational agencies. 

5 ‘‘(E) The State entity supports charter 

6 schools that support at-risk students through 

7 activities such as dropout prevention or dropout 

8 recovery. 

9 ‘‘(F) The State entity ensures that each 

10 charter school has a high degree of autonomy 

11 over the charter school’s budget and operations, 

12 including autonomy over personnel decisions. 

13 ‘‘(G) The State entity has taken steps to 

14 ensure that all authorizing public chartering 

15 agencies implement best practices for charter 

16 school authorizing. 

17 ‘‘(h) LOCAL USES OF FUNDS.—An eligible applicant 

18 receiving a subgrant under this section shall use such 

19 funds to carry out activities related to opening a new char20 ter school, replicating a high-quality charter school, or ex21 panding a high-quality charter school, which may in22 clude— 

23 ‘‘(1) supporting the acquisition, expansion, or 

24 preparation of a charter school building to meet in25 creasing enrollment needs, including financing the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
483 

•S 1177 PCS

1 development of a new building and ensuring that a 

2 school building complies with applicable statutes and 

3 regulations; 

4 ‘‘(2) paying costs associated with hiring addi5 tional teachers to serve additional students; 

6 ‘‘(3) providing transportation to students to 

7 and from the charter school; 

8 ‘‘(4) providing instructional materials, imple9 menting teacher and principal or other school leader 

10 professional development programs, and hiring addi11 tional nonteaching staff; 

12 ‘‘(5) supporting any necessary activities that as13 sist the charter school in carrying out this section, 

14 such as preparing individuals to serve as members of 

15 the charter school’s board; and 

16 ‘‘(6) providing early childhood education pro17 grams for children, including direct support to, and 

18 coordination with school- or community-based early 

19 childhood education programs. 

20 ‘‘(i) REPORTING REQUIREMENTS.—Each State entity 

21 receiving a grant under this section shall submit to the 

22 Secretary, at the end of the third year of the grant period 

23 and at the end of any renewal period, a report that in24 cludes the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
484 

•S 1177 PCS

1 ‘‘(1) The number of students served by each 

2 subgrant awarded under this section and, if applica3 ble, the number of new students served during each 

4 year of the grant period. 

5 ‘‘(2) The number and amount of subgrants 

6 awarded under this section to carry out each of the 

7 following: 

8 ‘‘(A) The opening of new charter schools. 

9 ‘‘(B) The replication of high-quality char10 ter schools. 

11 ‘‘(C) The expansion of high-quality charter 

12 schools. 

13 ‘‘(3) The progress the State entity made toward 

14 meeting the priorities described in subparagraphs 

15 (E) through (G) of subsection (g)(2). 

16 ‘‘(4) A description of— 

17 ‘‘(A) how the State entity complied with, 

18 and ensured that eligible applicants complied 

19 with, the assurances described in the State enti20 ty’s application; 

21 ‘‘(B) how the State entity worked with au22 thorized public chartering agencies, and how 

23 the agencies worked with the management com24 pany or leadership of the schools that receive 

25 subgrant funds, if applicable; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
485 

•S 1177 PCS

1 ‘‘(C) how each recipient of a subgrant 

2 under this section uses the subgrant funds on 

3 early childhood education programs described in 

4 subsection (h)(6), if such recipient chooses to 

5 use such funds on such programs. 

6 ‘‘SEC. 5104. FACILITIES FINANCING ASSISTANCE. 

7 ‘‘(a) GRANTS TO ELIGIBLE ENTITIES.— 

8 ‘‘(1) IN GENERAL.—From the amount reserved 

9 under section 5102(b)(1), the Secretary shall use 

10 not less than 50 percent to award not less than 3 

11 grants, on a competitive basis, to eligible entities 

12 that have the highest-quality applications approved 

13 under subsection (d) to demonstrate innovative 

14 methods of helping charter schools to address the 

15 cost of acquiring, constructing, and renovating facili16 ties by enhancing the availability of loans or bond fi17 nancing. 

18 ‘‘(2) ELIGIBLE ENTITY DEFINED.—For the 

19 purposes of this section, the term ‘eligible entity’ 

20 means— 

21 ‘‘(A) a public entity, such as a State or 

22 local governmental entity; 

23 ‘‘(B) a private nonprofit entity; or 

24 ‘‘(C) a consortium of entities described in 

25 subparagraphs (A) and (B). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
486 

•S 1177 PCS

1 ‘‘(b) GRANTEE SELECTION.—The Secretary shall 

2 evaluate each application submitted under subsection (d), 

3 and shall determine whether the application is sufficient 

4 to merit approval. 

5 ‘‘(c) GRANT CHARACTERISTICS.—Grants under sub6 section (a) shall be of a sufficient size, scope, and quality 

7 so as to ensure an effective demonstration of an innovative 

8 means of enhancing credit for the financing of charter 

9 school acquisition, construction, or renovation. 

10 ‘‘(d) APPLICATIONS.— 

11 ‘‘(1) IN GENERAL.—An eligible entity desiring 

12 to receive a grant under this section shall submit an 

13 application to the Secretary in such form as the Sec14 retary may reasonably require. 

15 ‘‘(2) CONTENTS.—An application submitted 

16 under paragraph (1) shall contain— 

17 ‘‘(A) a statement identifying the activities 

18 that the eligible entity proposes to carry out 

19 with funds received under subsection (a), in20 cluding how the eligible entity will determine 

21 which charter schools will receive assistance, 

22 and how much and what types of assistance 

23 charter schools will receive; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
487 

•S 1177 PCS

1 ‘‘(B) a description of the involvement of 

2 charter schools in the application’s development 

3 and the design of the proposed activities; 

4 ‘‘(C) a description of the eligible entity’s 

5 expertise in capital market financing; 

6 ‘‘(D) a description of how the proposed ac7 tivities will leverage the maximum amount of 

8 private-sector financing capital relative to the 

9 amount of government funding used and other10 wise enhance credit available to charter schools, 

11 including how the entity will offer a combina12 tion of rates and terms more favorable than the 

13 rates and terms that a charter school could re14 ceive without assistance from the entity under 

15 this section; 

16 ‘‘(E) a description of how the eligible enti17 ty possesses sufficient expertise in education to 

18 evaluate the likelihood of success of a charter 

19 school program for which facilities financing is 

20 sought; and 

21 ‘‘(F) in the case of an application sub22 mitted by a State governmental entity, a de23 scription of the actions that the entity has 

24 taken, or will take, to ensure that charter 

25 schools within the State receive the funding 


asabaliauskas on DSK5VPTVN1PROD with BILLS
488 

•S 1177 PCS

1 that charter schools need to have adequate fa2 cilities. 

3 ‘‘(e) CHARTER SCHOOL OBJECTIVES.—An eligible 

4 entity receiving a grant under this section shall use the 

5 funds deposited in the reserve account established under 

6 subsection (f) to assist one or more charter schools to ac7 cess private sector capital to accomplish one or more of 

8 the following objectives: 

9 ‘‘(1) The acquisition (by purchase, lease, dona10 tion, or otherwise) of an interest (including an inter11 est held by a third party for the benefit of a charter 

12 school) in improved or unimproved real property 

13 that is necessary to commence or continue the oper14 ation of a charter school. 

15 ‘‘(2) The construction of new facilities, includ16 ing predevelopment costs, or the renovation, repair, 

17 or alteration of existing facilities, necessary to com18 mence or continue the operation of a charter school. 

19 ‘‘(3) The predevelopment costs required to as20 sess sites for purposes of paragraph (1) or (2) and 

21 which are necessary to commence or continue the 

22 operation of a charter school. 

23 ‘‘(f) RESERVE ACCOUNT.— 

24 ‘‘(1) USE OF FUNDS.—To assist charter schools 

25 in accomplishing the objectives described in subVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
489 

•S 1177 PCS

1 section (e), an eligible entity receiving a grant under 

2 subsection (a) shall, in accordance with State and 

3 local law, directly or indirectly, alone or in collabora4 tion with others, deposit the funds received under 

5 subsection (a) (other than funds used for adminis6 trative costs in accordance with subsection (g)) in a 

7 reserve account established and maintained by the 

8 eligible entity for this purpose. Amounts deposited in 

9 such account shall be used by the eligible entity for 

10 one or more of the following purposes: 

11 ‘‘(A) Guaranteeing, insuring, and rein12 suring bonds, notes, evidences of debt, loans, 

13 and interests therein, the proceeds of which are 

14 used for an objective described in subsection 

15 (e). 

16 ‘‘(B) Guaranteeing and insuring leases of 

17 personal and real property for an objective de18 scribed in such subsection. 

19 ‘‘(C) Facilitating financing by identifying 

20 potential lending sources, encouraging private 

21 lending, and other similar activities that di22 rectly promote lending to, or for the benefit of, 

23 charter schools. 

24 ‘‘(D) Facilitating the issuance of bonds by 

25 charter schools, or by other public entities for 


asabaliauskas on DSK5VPTVN1PROD with BILLS
490 

•S 1177 PCS

1 the benefit of charter schools, by providing 

2 technical, administrative, and other appropriate 

3 assistance (including the recruitment of bond 

4 counsel, underwriters, and potential investors 

5 and the consolidation of multiple charter school 

6 projects within a single bond issue). 

7 ‘‘(2) INVESTMENT.—Funds received under this 

8 section and deposited in the reserve account estab9 lished under paragraph (1) shall be invested in obli10 gations issued or guaranteed by the United States or 

11 a State, or in other similarly low-risk securities. 

12 ‘‘(3) REINVESTMENT OF EARNINGS.—Any earn13 ings on funds received under subsection (a) shall be 

14 deposited in the reserve account established under 

15 paragraph (1) and used in accordance with this sub16 section. 

17 ‘‘(g) LIMITATION ON ADMINISTRATIVE COSTS.—An 

18 eligible entity may use not more than 2.5 percent of the 

19 funds received under subsection (a) for the administrative 

20 costs of carrying out its responsibilities under this section 

21 (excluding subsection (k)). 

22 ‘‘(h) AUDITS AND REPORTS.— 

23 ‘‘(1) FINANCIAL RECORD MAINTENANCE AND

24 AUDIT.—The financial records of each eligible entity 

25 receiving a grant under subsection (a) shall be mainVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00490 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
491 

•S 1177 PCS

1 tained in accordance with generally accepted ac2 counting principles and shall be subject to an annual 

3 audit by an independent public accountant. 

4 ‘‘(2) REPORTS.— 

5 ‘‘(A) GRANTEE ANNUAL REPORTS.—Each 

6 eligible entity receiving a grant under sub7 section (a) annually shall submit to the Sec8 retary a report of the entity’s operations and 

9 activities under this section. 

10 ‘‘(B) CONTENTS.—Each annual report 

11 submitted under subparagraph (A) shall in12 clude— 

13 ‘‘(i) a copy of the most recent finan14 cial statements, and any accompanying 

15 opinion on such statements, prepared by 

16 the independent public accountant review17 ing the financial records of the eligible en18 tity; 

19 ‘‘(ii) a copy of any report made on an 

20 audit of the financial records of the eligible 

21 entity that was conducted under paragraph 

22 (1) during the reporting period; 

23 ‘‘(iii) an evaluation by the eligible en24 tity of the effectiveness of its use of the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
492 

•S 1177 PCS

1 Federal funds provided under subsection 

2 (a) in leveraging private funds; 

3 ‘‘(iv) a listing and description of the 

4 charter schools served during the reporting 

5 period, including the amount of funds used 

6 by each school, the type of project facili7 tated by the grant, and the type of assist8 ance provided to the charter schools; 

9 ‘‘(v) a description of the activities car10 ried out by the eligible entity to assist 

11 charter schools in meeting the objectives 

12 set forth in subsection (e); and 

13 ‘‘(vi) a description of the characteris14 tics of lenders and other financial institu15 tions participating in the activities carried 

16 out by the eligible entity under this section 

17 (excluding subsection (k)) during the re18 porting period. 

19 ‘‘(C) SECRETARIAL REPORT.—The Sec20 retary shall review the reports submitted under 

21 subparagraph (A) and shall provide a com22 prehensive annual report to Congress on the ac23 tivities conducted under this section (excluding 

24 subsection (k)). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
493 

•S 1177 PCS

1 ‘‘(i) NO FULL FAITH AND CREDIT FOR GRANTEE

2 OBLIGATION.—No financial obligation of an eligible entity 

3 entered into pursuant to this section (such as an obliga4 tion under a guarantee, bond, note, evidence of debt, or 

5 loan) shall be an obligation of, or guaranteed in any re6 spect by, the United States. The full faith and credit of 

7 the United States is not pledged to the payment of funds 

8 which may be required to be paid under any obligation 

9 made by an eligible entity pursuant to any provision of 

10 this section. 

11 ‘‘(j) RECOVERY OF FUNDS.— 

12 ‘‘(1) IN GENERAL.—The Secretary, in accord13 ance with chapter 37 of title 31, United States 

14 Code, shall collect— 

15 ‘‘(A) all of the funds in a reserve account 

16 established by an eligible entity under sub17 section (f)(1) if the Secretary determines, not 

18 earlier than 2 years after the date on which the 

19 eligible entity first received funds under this 

20 section (excluding subsection (k)), that the eli21 gible entity has failed to make substantial 

22 progress in carrying out the purposes described 

23 in subsection (f)(1); or 

24 ‘‘(B) all or a portion of the funds in a re25 serve account established by an eligible entity 


asabaliauskas on DSK5VPTVN1PROD with BILLS
494 

•S 1177 PCS

1 under subsection (f)(1) if the Secretary deter2 mines that the eligible entity has permanently 

3 ceased to use all or a portion of the funds in 

4 such account to accomplish any purpose de5 scribed in such subsection. 

6 ‘‘(2) EXERCISE OF AUTHORITY.—The Secretary 

7 shall not exercise the authority provided in para8 graph (1) to collect from any eligible entity any 

9 funds that are being properly used to achieve one or 

10 more of the purposes described in subsection (f)(1). 

11 ‘‘(3) PROCEDURES.—The provisions of sections 

12 451, 452, and 458 of the General Education Provi13 sions Act shall apply to the recovery of funds under 

14 paragraph (1). 

15 ‘‘(4) CONSTRUCTION.—This subsection shall 

16 not be construed to impair or affect the authority of 

17 the Secretary to recover funds under part D of the 

18 General Education Provisions Act. 

19 ‘‘(k) PER-PUPIL FACILITIES AID PROGRAM.— 

20 ‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID

21 PROGRAM.—In this subsection, the term ‘per-pupil 

22 facilities aid program’ means a program in which a 

23 State makes payments, on a per-pupil basis, to char24 ter schools to provide the schools with financing— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
495 

•S 1177 PCS

1 ‘‘(A) that is dedicated solely for funding 

2 charter school facilities; or 

3 ‘‘(B) a portion of which is dedicated for 

4 funding charter school facilities. 

5 ‘‘(2) GRANTS.— 

6 ‘‘(A) IN GENERAL.—From the amount re7 served under section 5102(b)(1) and remaining 

8 after the Secretary makes grants under sub9 section (a), the Secretary shall make grants, on 

10 a competitive basis, to States to pay for the 

11 Federal share of the cost of establishing or en12 hancing, and administering, per-pupil facilities 

13 aid programs. 

14 ‘‘(B) PERIOD.—The Secretary shall award 

15 grants under this subsection for periods of not 

16 more than 5 years. 

17 ‘‘(C) FEDERAL SHARE.—The Federal 

18 share of the cost described in subparagraph (A) 

19 for a per-pupil facilities aid program shall be 

20 not more than— 

21 ‘‘(i) 90 percent of the cost, for the 

22 first fiscal year for which the program re23 ceives assistance under this subsection; 

24 ‘‘(ii) 80 percent for the second such 

25 year; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
496 

•S 1177 PCS

1 ‘‘(iii) 60 percent for the third such 

2 year; 

3 ‘‘(iv) 40 percent for the fourth such 

4 year; and 

5 ‘‘(v) 20 percent for the fifth such 

6 year. 

7 ‘‘(D) STATE SHARE.—A State receiving a 

8 grant under this subsection may partner with 1 

9 or more organizations, and such organizations 

10 may provide not more than 50 percent of the 

11 State share of the cost of establishing or en12 hancing, and administering, the per-pupil facili13 ties aid program. 

14 ‘‘(E) MULTIPLE GRANTS.—A State may 

15 receive more than 1 grant under this sub16 section, so long as the amount of such grant 

17 funds provided to charter schools increases with 

18 each successive grant. 

19 ‘‘(3) USE OF FUNDS.— 

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

21 a grant under this subsection shall use the 

22 funds made available through the grant to es23 tablish or enhance, and administer, a per-pupil 

24 facilities aid program for charter schools in the 

25 State of the applicant. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
497 

•S 1177 PCS

1 ‘‘(B) EVALUATIONS; TECHNICAL ASSIST2 ANCE; DISSEMINATION.—From the amount 

3 made available to a State through a grant 

4 under this subsection for a fiscal year, the State 

5 may reserve not more than 5 percent to carry 

6 out evaluations, to provide technical assistance, 

7 and to disseminate information. 

8 ‘‘(C) SUPPLEMENT, NOT SUPPLANT.—In 

9 accordance with the method of determination 

10 described in section 1117, funds made available 

11 under this subsection shall be used to supple12 ment, and not supplant, State and local public 

13 funds expended to provide per-pupil facilities 

14 aid programs, operations financing programs, 

15 or other programs, for charter schools. 

16 ‘‘(4) REQUIREMENTS.— 

17 ‘‘(A) VOLUNTARY PARTICIPATION.—No 

18 State may be required to participate in a pro19 gram carried out under this subsection. 

20 ‘‘(B) STATE LAW.— 

21 ‘‘(i) IN GENERAL.—To be eligible to 

22 receive a grant under this subsection, a 

23 State shall establish or enhance, and ad24 minister, a per-pupil facilities aid program 

25 for charter schools in the State, that— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
498 

•S 1177 PCS

1 ‘‘(I) is specified in State law; and 

2 ‘‘(II) provides annual financing, 

3 on a per-pupil basis, for charter 

4 school facilities. 

5 ‘‘(ii) SPECIAL RULE.—A State that is 

6 required under State law to provide its 

7 charter schools with access to adequate fa8 cility space may be eligible to receive a 

9 grant under this subsection if the State 

10 agrees to use the funds to develop a per11 pupil facilities aid program consistent with 

12 the requirements of this subsection. 

13 ‘‘(5) APPLICATIONS.—To be eligible to receive a 

14 grant under this subsection, a State shall submit an 

15 application to the Secretary at such time, in such 

16 manner, and containing such information as the Sec17 retary may require. 

18 ‘‘SEC. 5105. NATIONAL ACTIVITIES. 

19 ‘‘(a) IN GENERAL.—From the amount reserved 

20 under section 5102(b)(2), the Secretary shall— 

21 ‘‘(1) use not less than 80 percent of such funds 

22 to award grants in accordance with subsection (b); 

23 and 

24 ‘‘(2) use the remainder of such funds to— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
499 

•S 1177 PCS

1 ‘‘(A) disseminate technical assistance to 

2 State entities in awarding subgrants under sec3 tion 5103(b)(1)(A); 

4 ‘‘(B) disseminate best practices regarding 

5 public charter schools; 

6 ‘‘(C) evaluate the impact of the charter 

7 school program carried out under this part, in8 cluding the impact on student achievement; and 

9 ‘‘(D) award grants, on a competitive basis, 

10 for the purpose of carrying out the activities de11 scribed in section 5103(h), to eligible applicants 

12 that desire to open a charter school, replicate a 

13 high-quality charter school, or expand a high14 quality charter school in— 

15 ‘‘(i) a State that did not apply for a 

16 grant under section 5103; or 

17 ‘‘(ii) a State that did not receive a 

18 grant under section 5103. 

19 ‘‘(b) GRANTS FOR THE REPLICATION AND EXPAN20 SION OF HIGH-QUALITY CHARTER SCHOOLS.—The Sec21 retary shall make grants, on a competitive basis, to eligible 

22 entities having applications approved under paragraph (2) 

23 to enable such entities to replicate a high-quality charter 

24 school or expand a high-quality charter school. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
500 

•S 1177 PCS

1 ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—For 

2 purposes of this subsection, the term ‘eligible entity’ 

3 means— 

4 ‘‘(A) a charter management organization 

5 that, at the time of the application, operates or 

6 manages one or more high-quality charter 

7 schools; or 

8 ‘‘(B) a nonprofit organization that oversees 

9 and coordinates the activities of a group of such 

10 charter management organizations. 

11 ‘‘(2) APPLICATION REQUIREMENTS.—An eligi12 ble entity desiring to receive a grant under this sub13 section shall submit an application to the Secretary 

14 at such time and in such manner as the Secretary 

15 may require. The application shall include the fol16 lowing: 

17 ‘‘(A) A description of the eligible entity’s 

18 objectives for implementing a high-quality char19 ter school program with funding under this sub20 section, including a description of the proposed 

21 number of high-quality charter schools to be 

22 replicated or expanded with funding under this 

23 subsection. 

24 ‘‘(B) A description of the educational pro25 gram that the eligible entity will implement in 


asabaliauskas on DSK5VPTVN1PROD with BILLS
501 

•S 1177 PCS

1 the charter schools that the eligible entity pro2 poses to replicate or expand, including informa3 tion on how the program will enable all stu4 dents to meet the challenging State academic 

5 standards under section 1111(b)(1), the grade 

6 levels or ages of students that will be served, 

7 and the instructional practices that will be 

8 used. 

9 ‘‘(C) A multi-year financial and operating 

10 model for the eligible entity, including a de11 scription of how the operation of the charter 

12 schools to be replicated or expanded will be sus13 tained after the grant under this subsection has 

14 ended. 

15 ‘‘(D) A description of how the eligible enti16 ty will inform all students in the community, in17 cluding children with disabilities, students who 

18 are English learners, and other educationally 

19 disadvantaged students, about the charter 

20 schools to be replicated or expanded with fund21 ing under this subsection. 

22 ‘‘(E) For each charter school currently op23 erated or managed by the eligible entity— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
502 

•S 1177 PCS

1 ‘‘(i) student assessment results for all 

2 students and for each category of students 

3 described in section 1111(b)(2)(B)(xi); and 

4 ‘‘(ii) attendance and student retention 

5 rates for the most recently completed 

6 school year and, if applicable, the most re7 cent available 4-year adjusted cohort and 

8 extended-year adjusted cohort secondary 

9 school graduation rates (as such rates were 

10 calculated on the day before enactment of 

11 the Every Child Achieves Act of 2015). 

12 ‘‘(F) Information on any significant com13 pliance issues encountered, within the last 3 

14 years, by any school operated or managed by 

15 the eligible entity, including in the areas of stu16 dent safety and financial management. 

17 ‘‘(G) A request and justification for any 

18 waivers of Federal statutory or regulatory re19 quirements that the eligible entity believes are 

20 necessary for the successful operation of the 

21 charter schools to be replicated or expanded 

22 with funding under this subsection. 

23 ‘‘(3) SELECTION CRITERIA.—The Secretary 

24 shall select eligible entities to receive grants under 

25 this subsection, on the basis of the quality of the apVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
503 

•S 1177 PCS

1 plications submitted under paragraph (2), after tak2 ing into consideration such factors as— 

3 ‘‘(A) the degree to which the eligible entity 

4 has demonstrated success in increasing aca5 demic achievement and attainment for all stu6 dents attending the charter schools the eligible 

7 entity operates or manages; 

8 ‘‘(B) the degree to which the eligible entity 

9 has demonstrated success in increasing aca10 demic achievement and attainment for each of 

11 the categories of students, as defined in section 

12 1111(b)(3)(A); 

13 ‘‘(C) the quality of the eligible entity’s fi14 nancial and operating model as described under 

15 paragraph (2)(C), including the quality of the 

16 eligible entity’s plan for sustaining the oper17 ation of the charter schools to be replicated or 

18 expanded after the grant under this subsection 

19 has ended; 

20 ‘‘(D) a determination that the eligible enti21 ty has not operated or managed a significant 

22 proportion of charter schools that— 

23 ‘‘(i) have been closed; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
504 

•S 1177 PCS

1 ‘‘(ii) have had a school charter re2 voked due to problems with statutory or 

3 regulatory compliance; or 

4 ‘‘(iii) have had the school’s affiliation 

5 with the eligible entity revoked; and 

6 ‘‘(E) a determination that the eligible enti7 ty has not experienced significant problems with 

8 statutory or regulatory compliance that could 

9 lead to the revocation of a school’s charter. 

10 ‘‘(4) PRIORITY.—In awarding grants under this 

11 section, the Secretary shall give priority to eligible 

12 entities that operate or manage charter schools that, 

13 in the aggregate, serve students at least 60 percent 

14 of whom are eligible for a free or reduced price 

15 lunch under the Richard B. Russell National School 

16 Lunch Act. 

17 ‘‘(5) TERMS AND CONDITIONS.—Except as oth18 erwise provided in this subsection, grants awarded 

19 under subsection (a)(2)(D) and this subsection shall 

20 have the same terms and conditions as grants 

21 awarded to State entities under section 5103.’’; 

22 (2) in section 5106 (20 U.S.C. 7221e), as re23 designated by section 5001(7), by adding at the end 

24 the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
505 

•S 1177 PCS

1 ‘‘(c) NEW OR SIGNIFICANTLY EXPANDING CHARTER

2 SCHOOLS.—For purposes of implementing the hold harm3 less protections in sections 1122(c) and 1125A(g)(3) for 

4 a newly opened or significantly expanded charter school 

5 under subsection (a), a State educational agency shall cal6 culate a hold-harmless base for the prior year that, as ap7 plicable, reflects the new or significantly expanded enroll8 ment of the charter school.’’; 

9 (3) in section 5108 (20 U.S.C. 7221g), as re10 designated by section 5001(7), by inserting ‘‘as 

11 quickly as possible and’’ before ‘‘to the extent prac12 ticable’’; 

13 (4) in section 5110 (20 U.S.C. 7221i), as redes14 ignated by section 5001(7)— 

15 (A) by redesignating paragraphs (1), (2), 

16 and (3) as paragraphs (2), (5), and (6), respec17 tively; 

18 (B) by redesignating paragraph (4) as 

19 paragraph (1), and moving such paragraph so 

20 as to precede paragraph (2), as redesignated by 

21 subparagraph (A); 

22 (C) in paragraph (2), as redesignated by 

23 subparagraph (A)— 

24 (i) in subparagraph (G), by striking ‘‘, 

25 and part B’’ and inserting ‘‘, the AmeriVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
506 

•S 1177 PCS

1 cans with Disabilities Act of 1990 (42 

2 U.S.C. 12101 et seq.), section 444 of the 

3 General Education Provisions Act (20 

4 U.S.C. 1232g) (commonly referred to as 

5 the ‘Family Educational Rights and Pri6 vacy Act of 1974’), and part B’’; 

7 (ii) by striking subparagraph (H) and 

8 inserting the following: 

9 ‘‘(H) is a school to which parents choose to 

10 send their children, and which— 

11 ‘‘(i) admits students on the basis of a 

12 lottery, if more students apply for admis13 sion than can be accommodated; or 

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

15 an affiliated charter school (such as a 

16 school that is part of the same network of 

17 schools), automatically enrolls students 

18 who are enrolled in the immediate prior 

19 grade level of the affiliated charter school 

20 and, for any additional student openings or 

21 student openings created through regular 

22 attrition in student enrollment in the affili23 ated charter school and the enrolling 

24 school, admits students on the basis of a 

25 lottery as described in clause (i);’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
507 

•S 1177 PCS

1 (iii) by striking subparagraph (I) and 

2 inserting the following: 

3 ‘‘(I) agrees to comply with the same Fed4 eral and State audit requirements as do other 

5 elementary schools and secondary schools in the 

6 State, unless such State audit requirements are 

7 waived by the State;’’; 

8 (iv) in subparagraph (K), by striking 

9 ‘‘and’’ at the end; 

10 (v) in subparagraph (L), by striking 

11 the period at the end and inserting ‘‘; 

12 and’’; and 

13 (vi) by adding at the end, the fol14 lowing: 

15 ‘‘(M) may serve students in early 

16 childhood education programs or post17 secondary students.’’; 

18 (D) by inserting after paragraph (2), as 

19 redesignated by subparagraph (A), the fol20 lowing: 

21 ‘‘(3) CHARTER MANAGEMENT ORGANIZATION.— 

22 The term ‘charter management organization’ means 

23 a nonprofit organization that operates or manages 

24 multiple charter schools by centralizing or sharing 

25 certain functions or resources. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
508 

•S 1177 PCS

1 ‘‘(4) CHARTER SCHOOL SUPPORT ORGANIZA2 TION.—The term ‘charter school support organiza3 tion’ means a nonprofit, nongovernmental entity that 

4 is not an authorized public chartering agency and 

5 provides, on a statewide basis— 

6 ‘‘(A) assistance to developers during the 

7 planning, program design, and initial implemen8 tation of a charter school; and 

9 ‘‘(B) technical assistance to operating 

10 charter schools.’’; 

11 (E) in paragraph (6)(B), as redesignated 

12 by subparagraph (A), by striking ‘‘under sec13 tion 5203(d)(3)’’; and 

14 (F) by adding at the end the following: 

15 ‘‘(7) EXPANSION OF A HIGH-QUALITY CHARTER

16 SCHOOL.—The term ‘expansion of a high-quality 

17 charter school’ means increasing the enrollment at a 

18 high-quality charter school by not less than 50 per19 cent or adding 2 or more grades to a high-quality 

20 charter school. 

21 ‘‘(8) HIGH-QUALITY CHARTER SCHOOL.—The 

22 term ‘high-quality charter school’ means a charter 

23 school that— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
509 

•S 1177 PCS

1 ‘‘(A) shows evidence of strong academic re2 sults, which may include strong student aca3 demic growth, as determined by a State; 

4 ‘‘(B) has no significant issues in the areas 

5 of student safety, financial management, or 

6 statutory or regulatory compliance; 

7 ‘‘(C) has demonstrated success in signifi8 cantly increasing student academic achieve9 ment, including graduation rates where applica10 ble, for all students served by the charter 

11 school; and 

12 ‘‘(D) has demonstrated success in increas13 ing student academic achievement, including 

14 graduation rates where applicable, for each of 

15 the categories of students, as defined in section 

16 1111(b)(3)(A), except that such demonstration 

17 is not required in a case in which the number 

18 of students in a group is insufficient to yield 

19 statistically reliable information or the results 

20 would reveal personally identifiable information 

21 about an individual student. 

22 ‘‘(9) REPLICATION OF A HIGH-QUALITY CHAR23 TER SCHOOL.—The term ‘replication of a high-qual24 ity charter school’ means the opening of a charter 

25 school— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
510 

•S 1177 PCS

1 ‘‘(A) under an existing charter or an addi2 tional charter, if permitted by State law; 

3 ‘‘(B) based on the model of a high-quality 

4 charter school; and 

5 ‘‘(C) that will be operated or managed by 

6 the same nonprofit organization that operates 

7 or manages such high-quality charter school 

8 under an existing charter.’’; and 

9 (5) by striking section 5111 (20 U.S.C. 7221j), 

10 as redesignated by section 5001(7), and inserting 

11 the following: 

12 ‘‘SEC. 5111. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘There are authorized to be appropriated to carry out 

14 this part such sums as may be necessary for each of fiscal 

15 years 2016 through 2021.’’. 

16 SEC. 5003. MAGNET SCHOOLS ASSISTANCE. 

17 Part B of title V (20 U.S.C. 7231 et seq.), as redesig18 nated by section 5001(5), is amended— 

19 (1) in section 5201(b), as redesignated by sec20 tion 5001(8)— 

21 (A) in paragraph (1)— 

22 (i) by inserting ‘‘and the increase of 

23 socioeconomic integration’’ before ‘‘in ele24 mentary schools and secondary schools’’; 

25 and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
511 

•S 1177 PCS

1 (ii) by inserting ‘‘low-income and’’ be2 fore ‘‘minority students’’; 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘and implementation’’ 

5 and inserting ‘‘, implementation, and ex6 pansion’’; and 

7 (ii) by striking ‘‘content standards 

8 and student academic achievement stand9 ards’’ and inserting ‘‘standards under sec10 tion 1111(b)(1)’’; 

11 (C) in paragraph (3), by striking ‘‘and de12 sign’’ and inserting ‘‘, design, and expansion’’; 

13 (D) in paragraph (4), by striking ‘‘voca14 tional’’ and inserting ‘‘career’’; and 

15 (E) in paragraph (6), by striking ‘‘produc16 tive employment’’ and inserting ‘‘to enter into 

17 the workforce without the need for postsec18 ondary education’’; 

19 (2) in section 5202, as redesignated by section 

20 5001(8), by striking ‘‘backgrounds’’ and inserting ‘‘, 

21 ethnic, and socioeconomic backgrounds’’; 

22 (3) in section 5205(b), as redesignated by sec23 tion 5001(8)— 

24 (A) in paragraph (1)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
512 

•S 1177 PCS

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

2 ‘‘any available evidence on’’ before ‘‘how 

3 the proposed magnet school programs’’; 

4 (ii) in subparagraph (B), by inserting 

5 ‘‘, including any evidence available to sup6 port such description’’ before the semi7 colon; 

8 (iii) by redesignating subparagraphs 

9 (D) and (E) as subparagraphs (E) and 

10 (F), respectively; 

11 (iv) by inserting after subparagraph 

12 (C) the following: 

13 ‘‘(D) how the applicant will assess, mon14 itor, and evaluate the impact of the activities 

15 funded under this part on student achievement 

16 and integration;’’; and 

17 (B) in paragraph (2)— 

18 (i) in the manner preceding subpara19 graph (A), by striking ‘‘will’’; 

20 (ii) in subparagraph (A)— 

21 (I) by inserting ‘‘will’’ before 

22 ‘‘use grant funds’’; and 

23 (II) by striking ‘‘section 

24 5301(b)’’ and inserting ‘‘section 

25 5201(b)’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
513 

•S 1177 PCS

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

2 ‘‘employ highly qualified’’ and inserting 

3 ‘‘will employ effective’’; 

4 (iv) in subparagraph (C), by striking 

5 ‘‘not engage in’’ and inserting ‘‘is not cur6 rently engaging in and will not engage in’’; 

7 (v) in subparagraph (D), by inserting 

8 ‘‘will’’ before carry out; and 

9 (vi) in subparagraph (E), by inserting 

10 ‘‘will’’ before ‘‘give students’’; 

11 (4) in section 5206, as redesignated by section 

12 5001(8), by striking paragraph (2) and inserting the 

13 following: 

14 ‘‘(2) propose to— 

15 ‘‘(A) carry out a new, evidence-based mag16 net school program; 

17 ‘‘(B) significantly revise an existing mag18 net school program, using evidence-based meth19 ods and practices, as available; or 

20 ‘‘(C) expand an existing magnet school 

21 program that has a demonstrated record of suc22 cess in increasing student academic achieve23 ment, reducing isolation of minority groups, 

24 and increasing socioeconomic integration; and’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
514 

•S 1177 PCS

1 (5) in section 5207, as redesignated by section 

2 5001(8)— 

3 (A) in subsection (a)— 

4 (i) in paragraph (3), by striking ‘‘who 

5 are highly qualified’’; 

6 (ii) in paragraph (6), by striking 

7 ‘‘and’’ at the end; 

8 (iii) in paragraph (7), by striking the 

9 period and inserting ‘‘; and’’; and 

10 (iv) by adding at the end the fol11 lowing: 

12 ‘‘(8) to enable the local educational agency, or 

13 consortium of such agencies, or other organizations 

14 partnered with such agency or consortium, to estab15 lish, expand, or strengthen inter-district and regional 

16 magnet programs.’’; and 

17 (B) in subsection (b), by striking ‘‘the 

18 State’s challenging academic content’’ and all 

19 that follows through the period and inserting 

20 ‘‘the challenging State academic standards 

21 under section 1111(b)(1) or are directly related 

22 to improving student academic, career, or tech23 nological skills and professional skills.’’; 

24 (6) in section 5208, as redesignated by section 

25 5001(10)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
515 

•S 1177 PCS

1 (A) in subsection (a), by striking ‘‘for a 

2 period’’ and all that follows through the period 

3 and inserting ‘‘for an initial period of not more 

4 than 3 fiscal years, and may be renewed for not 

5 more than an additional 2 years if the Sec6 retary finds that the recipient of a grant under 

7 this part is achieving the intended outcomes of 

8 the grant and shows improvement in increasing 

9 student academic achievement, reducing minor10 ity group isolation, and increasing socio11 economic integration, or other indicators of suc12 cess established by the Secretary.’’; and 

13 (B) in subsection (d), by striking ‘‘July’’ 

14 and inserting ‘‘June’’; and 

15 (7) in section 5209, as redesignated by section 

16 5001(10)— 

17 (A) in subsection (a), by striking 

18 ‘‘$125,000,000’’ and all that follows through 

19 the period and inserting ‘‘such sums as may be 

20 necessary for each of fiscal years 2016 through 

21 2021.’’; 

22 (B) by redesignating subsection (b) as sub23 section (c); and 

24 (C) by inserting after subsection (a) the 

25 following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
516 

•S 1177 PCS

1 ‘‘(b) RESERVATION FOR TECHNICAL ASSISTANCE.— 

2 The Secretary may reserve not more than 1 percent of 

3 the funds appropriated under subsection (a) for any fiscal 

4 year to provide technical assistance and carry out dissemi5 nation projects with respect to magnet school programs 

6 assisted under this part.’’. 

7 SEC. 5004. SUPPORTING HIGH-ABILITY LEARNERS AND 

8 LEARNING. 

9 Title V (20 U.S.C. 7201 et seq.), as amended by sec10 tion 5001, is further amended by inserting after part B 

11 the following: 

12 ‘‘PART C—SUPPORTING HIGH-ABILITY LEARNERS 

13 AND LEARNING 

14 ‘‘SEC. 5301. SHORT TITLE. 

15 ‘‘This part may be cited as the ‘Jacob K. Javits Gift16 ed and Talented Students Education Act of 2015’. 

17 ‘‘SEC. 5302. PURPOSE. 

18 ‘‘The purpose of this part is to initiate a coordinated 

19 program of evidence-based research, demonstration 

20 projects, innovative strategies, and similar activities de21 signed to build and enhance the ability of elementary 

22 schools and secondary schools nationwide to meet the spe23 cial educational needs of gifted and talented students. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
517 

•S 1177 PCS

1 ‘‘SEC. 5303. RULE OF CONSTRUCTION. 

2 ‘‘Nothing in this part shall be construed to prohibit 

3 a recipient of funds under this part from serving gifted 

4 and talented students simultaneously with students with 

5 similar educational needs, in the same educational set6 tings, where appropriate. 

7 ‘‘SEC. 5304. AUTHORIZED PROGRAMS. 

8 ‘‘(a) ESTABLISHMENT OF PROGRAM.— 

9 ‘‘(1) IN GENERAL.—The Secretary (after con10 sultation with experts in the field of the education 

11 of gifted and talented students) is authorized to 

12 make grants to, or enter into contracts with, State 

13 educational agencies, local educational agencies, in14 stitutions of higher education, other public agencies, 

15 and other private agencies and organizations to as16 sist such agencies, institutions, and organizations in 

17 carrying out programs or projects authorized by this 

18 part that are designed to meet the educational needs 

19 of gifted and talented students, including the train20 ing of personnel in the education of gifted and tal21 ented students and in the use, where appropriate, of 

22 gifted and talented services, materials, and methods 

23 for all students. 

24 ‘‘(2) APPLICATION.—Each entity seeking assist25 ance under this part shall submit an application to 

26 the Secretary at such time, in such manner, and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
518 

•S 1177 PCS

1 containing such information as the Secretary may 

2 reasonably require. Each such application shall de3 scribe how— 

4 ‘‘(A) the proposed gifted and talented serv5 ices, materials, and methods can be adapted, if 

6 appropriate, for use by all students; and 

7 ‘‘(B) the proposed programs can be evalu8 ated. 

9 ‘‘(b) USE OF FUNDS.—Programs and projects as10 sisted under this section may include each of the following: 

11 ‘‘(1) Conducting evidence-based research on 

12 methods and techniques for identifying and teaching 

13 gifted and talented students and for using gifted and 

14 talented programs and methods to serve all students. 

15 ‘‘(2) Establishing and operating model projects 

16 and exemplary programs for serving gifted and tal17 ented students, including innovative methods for 

18 identifying and educating students who may not be 

19 served by traditional gifted and talented programs 

20 (such as summer programs, mentoring programs, 

21 service learning programs, and cooperative programs 

22 involving business, industry, and education). 

23 ‘‘(3) Implementing innovative strategies, such 

24 as cooperative learning, peer tutoring, and service 

25 learning. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
519 

•S 1177 PCS

1 ‘‘(4) Carrying out programs of technical assist2 ance and information dissemination, including as3 sistance and information with respect to how gifted 

4 and talented programs and methods, where appro5 priate, may be adapted for use by all students. 

6 ‘‘(c) SPECIAL RULE.—To the extent that funds ap7 propriated to carry out this part for a fiscal year begin8 ning with fiscal year 2016 exceed such funds appropriated 

9 for the program under subpart 6 of part D of title V, as 

10 in effect for fiscal year 2010, the Secretary shall use such 

11 excess funds to award grants, on a competitive basis, to 

12 State educational agencies, local educational agencies, or 

13 both, to implement activities described in subsection (b). 

14 ‘‘(d) CENTER FOR RESEARCH AND DEVELOPMENT.— 

15 ‘‘(1) IN GENERAL.—The Secretary (after con16 sultation with experts in the field of the education 

17 of gifted and talented students) shall establish a Na18 tional Research Center for the Education of Gifted 

19 and Talented Children and Youth through grants to, 

20 or contracts with, one or more institutions of higher 

21 education or State educational agencies, or a com22 bination or consortium of such institutions and 

23 agencies and other public or private agencies and or24 ganizations, for the purpose of carrying out activities 

25 described in subsection (b). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
520 

•S 1177 PCS

1 ‘‘(2) DIRECTOR.—The National Center shall be 

2 headed by a Director. The Secretary may authorize 

3 the Director to carry out such functions of the Na4 tional Center as may be agreed upon through ar5 rangements with institutions of higher education, 

6 State educational agencies, local educational agen7 cies, or other public or private agencies and organi8 zations. 

9 ‘‘(3) FUNDING.—The Secretary may use not 

10 more than 30 percent of the funds made available 

11 for fiscal year 2010 under subpart 6 of part D of 

12 title V, as in effect for such fiscal year, to carry out 

13 this subsection. 

14 ‘‘(e) COORDINATION.—Evidence-based research ac15 tivities supported under this part— 

16 ‘‘(1) shall be carried out in consultation with 

17 the Institute of Education Sciences to ensure that 

18 such activities are coordinated with and enhance the 

19 research and development activities supported by the 

20 Institute; and 

21 ‘‘(2) may include collaborative evidence-based 

22 research activities which are jointly funded and car23 ried out with such Institute. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
521 

•S 1177 PCS

1 ‘‘SEC. 5305. PROGRAM PRIORITIES. 

2 ‘‘(a) GENERAL PRIORITY.—In carrying out this part, 

3 the Secretary shall give highest priority to programs and 

4 projects designed to develop new information that— 

5 ‘‘(1) improves the capability of schools to plan, 

6 conduct, and improve programs to identify and serve 

7 gifted and talented students; and 

8 ‘‘(2) assists schools in the identification of, and 

9 provision of services to, gifted and talented students 

10 (including economically disadvantaged individuals, 

11 individuals who are English learners, and children 

12 with disabilities) who may not be identified and 

13 served through traditional assessment methods. 

14 ‘‘(b) SERVICE PRIORITY.—The Secretary shall ensure 

15 that not less than 50 percent of the applications approved 

16 under section 5304(a)(2) in a fiscal year address the pri17 ority described in subsection (a)(2). 

18 ‘‘SEC. 5306. GENERAL PROVISIONS. 

19 ‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN

20 AND TEACHERS.—In making grants and entering into 

21 contracts under this part, the Secretary shall ensure, 

22 where appropriate, that provision is made for the equitable 

23 participation of students and teachers in private nonprofit 

24 elementary schools and secondary schools, including the 

25 participation of teachers and other personnel in profes26 sional development programs serving such students. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
522 

•S 1177 PCS

1 ‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.— 

2 The Secretary shall— 

3 ‘‘(1) use a peer-review process in reviewing ap4 plications under this part; 

5 ‘‘(2) ensure that information on the activities 

6 and results of programs and projects funded under 

7 this part is disseminated to appropriate State edu8 cational agencies, local educational agencies, and 

9 other appropriate organizations, including nonprofit 

10 private organizations; and 

11 ‘‘(3) evaluate the effectiveness of programs 

12 under this part in accordance with section 9601, in 

13 terms of the impact on students traditionally served 

14 in separate gifted and talented programs and on 

15 other students, and submit the results of such eval16 uation to Congress not later than 2 years after the 

17 date of enactment of the Every Child Achieves Act 

18 of 2015. 

19 ‘‘(c) PROGRAM OPERATIONS.—The Secretary shall 

20 ensure that the programs under this part are administered 

21 within the Department by a person who has recognized 

22 professional qualifications and experience in the field of 

23 the education of gifted and talented students and who 

24 shall— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
523 

•S 1177 PCS

1 ‘‘(1) administer and coordinate the programs 

2 authorized under this part; 

3 ‘‘(2) serve as a focal point of national leader4 ship and information on the educational needs of 

5 gifted and talented students and the availability of 

6 educational services and programs designed to meet 

7 such needs; 

8 ‘‘(3) assist the Director of the Institute of Edu9 cation Sciences in identifying research priorities that 

10 reflect the needs of gifted and talented students; and 

11 ‘‘(4) disseminate, and consult on, the informa12 tion developed under this part with other offices 

13 within the Department. 

14 ‘‘SEC. 5307. AUTHORIZATION OF APPROPRIATIONS. 

15 ‘‘There are authorized to be appropriated to carry out 

16 this part such sums as may be necessary for each of fiscal 

17 years 2016 through 2021.’’. 

18 SEC. 5005. EDUCATION INNOVATION AND RESEARCH. 

19 Title V (20 U.S.C. 7201 et seq.), as amended by sec20 tion 5001, is further amended by inserting after part C, 

21 as added by section 5004, the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
524 

•S 1177 PCS

1 ‘‘PART D—EDUCATION INNOVATION AND 

2 RESEARCH 

3 ‘‘SEC. 5401. GRANTS FOR EDUCATION INNOVATION AND RE4 SEARCH. 

5 ‘‘(a) PROGRAM AUTHORIZED.—From funds appro6 priated under subsection (e), the Secretary shall make 

7 grants to eligible entities for the development, implemen8 tation, replication, or scaling and rigorous testing of entre9 preneurial, evidence-based, field-initiated innovations to 

10 improve student achievement and attainment for high11 need students, including— 

12 ‘‘(1) early-phase grants to fund the develop13 ment, implementation, and feasibility testing of a 

14 program that prior research suggests has promise, 

15 for the purpose of determining whether the program 

16 can successfully improve student achievement or at17 tainment for high-needs students; 

18 ‘‘(2) mid-phase grants to fund implementation 

19 and a rigorous evaluation of a program that has 

20 been successfully implemented under an early-phase 

21 grant or other effort meeting similar criteria, for the 

22 purpose of measuring the program’s impact and cost 

23 effectiveness, if possible using existing administra24 tive data; or 

25 ‘‘(3) expansion grants to fund implementation 

26 and a rigorous replication evaluation of a program 


asabaliauskas on DSK5VPTVN1PROD with BILLS
525 

•S 1177 PCS

1 that has been found to produce sizable, important 

2 impacts under a mid-phase grant or other effort 

3 meeting similar criteria, for the purpose of deter4 mining whether such impacts can be successfully re5 produced and sustained over time, and identifying 

6 the conditions in which the program is most effec7 tive. 

8 ‘‘(b) ELIGIBLE ENTITY.—In this section, the term 

9 ‘eligible entity’ means any of the following: 

10 ‘‘(1) A local educational agency. 

11 ‘‘(2) A State educational agency. 

12 ‘‘(3) A consortium of States educational agen13 cies or local educational agencies. 

14 ‘‘(4) A State educational agency or a local edu15 cational agency, in partnership with— 

16 ‘‘(A) a nonprofit organization; 

17 ‘‘(B) a small business; 

18 ‘‘(C) a charter management organization; 

19 ‘‘(D) an educational service agency; or 

20 ‘‘(E) an institution of higher education. 

21 ‘‘(c) RURAL AREAS.—In awarding grants under sub22 section (a), the Secretary shall ensure that not less than 

23 25 percent of the funds for any fiscal year are awarded 

24 for projects that meet both of the following requirements: 

25 ‘‘(1) The grantee is— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
526 

•S 1177 PCS

1 ‘‘(A) a local educational agency with an 

2 urban-centric district locale code of 32, 33, 41, 

3 42, or 43, as determined by the Secretary; 

4 ‘‘(B) a consortium of such local edu5 cational agencies; or 

6 ‘‘(C) an educational service agency or a 

7 nonprofit organization in partnership with such 

8 a local educational agency. 

9 ‘‘(2) A majority of the schools to be served by 

10 the project are designated with a school locale code 

11 of 32, 33, 41, 42, or 43, or a combination of such 

12 codes, as determined by the Secretary. 

13 ‘‘(d) MATCHING FUNDS.—In order to receive a grant 

14 under subsection (a), an eligible entity shall demonstrate 

15 that the eligible entity will provide matching funds in an 

16 amount equal to 10 percent of the funds provided under 

17 a grant under this part, except that the Secretary may 

18 waive the matching funds requirement, on a case-by-case 

19 basis, upon a showing of exceptional circumstances, such 

20 as— 

21 ‘‘(1) the difficulty of raising matching funds for 

22 a project to serve a rural area; 

23 ‘‘(2) the difficulty of raising matching funds in 

24 areas with a concentration of local educational agenVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
527 

•S 1177 PCS

1 cies or schools with a high percentage of students 

2 aged 5 through 17— 

3 ‘‘(A) who are in poverty, as counted in the 

4 most recent census data approved by the Sec5 retary; 

6 ‘‘(B) who are eligible for a free or reduced 

7 priced lunch under the Richard B. Russell Na8 tional School Lunch Act; 

9 ‘‘(C) whose families receive assistance 

10 under the State program funded under part A 

11 of title IV of the Social Security Act (42 U.S.C. 

12 601 et seq.); or 

13 ‘‘(D) who are eligible to receive medical as14 sistance under the Medicaid program; and 

15 ‘‘(3) the difficulty of raising funds in des16 ignated tribal areas. 

17 ‘‘(e) 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. 5006. ACCELERATED LEARNING. 

22 Title V (20 U.S.C. 7201 et seq.), as amended by sec23 tion 5001, is further amended by inserting after part D, 

24 as added by section 5005, the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
528 

•S 1177 PCS

1 ‘‘PART E—ACCELERATED LEARNING 

2 ‘‘SEC. 5501. SHORT TITLE. 

3 ‘‘This part may be cited as the ‘Accelerated Learning 

4 Act of 2015’. 

5 ‘‘SEC. 5502. PURPOSES. 

6 ‘‘The purposes of this part are— 

7 ‘‘(1) to raise student academic achievement 

8 through accelerated learning programs, including 

9 Advanced Placement and International Bacca10 laureate programs, dual enrollment programs, and 

11 early college high schools that provide postsec12 ondary-level instruction, examinations, or sequences 

13 of courses that are widely accepted for credit at in14 stitutions of higher education; 

15 ‘‘(2) to increase the number of students attend16 ing high-need schools who enroll and succeed in ac17 celerated learning courses, accelerated learning ex18 aminations, dual enrollment programs, and early col19 lege high school courses; 

20 ‘‘(3) to support efforts by States and local edu21 cational agencies to increase the availability of, and 

22 enrollment in, accelerated learning courses, pre-ac23 celerated learning courses, dual enrollment pro24 grams, and early college high school courses in high25 need schools; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
529 

•S 1177 PCS

1 ‘‘(4) to provide high-quality professional devel2 opment for teachers of accelerated learning courses, 

3 pre-accelerated learning courses, dual enrollment 

4 programs, and early college high school courses in 

5 high-need schools. 

6 ‘‘SEC. 5503. FUNDING DISTRIBUTION RULE. 

7 ‘‘From amounts appropriated under section 5508 for 

8 a fiscal year, the Secretary shall give priority to funding 

9 activities under section 5504 and shall distribute any re10 maining funds under section 5505. 

11 ‘‘SEC. 5504. ACCELERATED LEARNING EXAMINATION FEE 

12 PROGRAM. 

13 ‘‘(a) GRANTS AUTHORIZED.—From amounts made 

14 available under section 5503 for a fiscal year, the Sec15 retary shall award grants to State educational agencies 

16 having applications approved under this section to enable 

17 the State educational agencies to reimburse low-income 

18 students to cover part or all of the costs of accelerated 

19 learning examination fees, if the low-income students— 

20 ‘‘(1) are enrolled in accelerated learning 

21 courses; and 

22 ‘‘(2) plan to take accelerated learning examina23 tions. 

24 ‘‘(b) AWARD BASIS.—In determining the amount of 

25 the grant awarded to a State educational agency under 


asabaliauskas on DSK5VPTVN1PROD with BILLS
530 

•S 1177 PCS

1 this section for a fiscal year, the Secretary shall consider 

2 the number of children eligible to be counted under section 

3 1124(c) in the State in relation to the number of such 

4 children so counted in all States. 

5 ‘‘(c) INFORMATION DISSEMINATION.—A State edu6 cational agency that is awarded a grant under this section 

7 shall make publicly available information regarding the 

8 availability of accelerated learning examination fee pay9 ments under this section, and shall disseminate such infor10 mation to eligible high school students and parents, in11 cluding through high school teachers and counselors. 

12 ‘‘(d) APPLICATIONS.—Each State educational agency 

13 desiring to receive a grant under this section shall submit 

14 an application to the Secretary at such time, in such man15 ner, and accompanied by such information as the Sec16 retary may require. At a minimum, each State educational 

17 agency application shall— 

18 ‘‘(1) describe the accelerated learning examina19 tion fees the State educational agency will pay on 

20 behalf of low-income students in the State from 

21 grant funds awarded under this section; 

22 ‘‘(2) provide an assurance that any grant funds 

23 awarded under this section shall be used only to pay 

24 for accelerated learning examination fees; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
531 

•S 1177 PCS

1 ‘‘(3) contain such information as the Secretary 

2 may require to demonstrate that the State edu3 cational agency will ensure that a student is eligible 

4 for payments authorized under this section, includ5 ing ensuring that the student is a low-income stu6 dent. 

7 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

8 such regulations as are necessary to carry out this section. 

9 ‘‘(f) REPORT.— 

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

11 agency awarded a grant under this section shall, 

12 with respect to each accelerated learning course sub13 ject, annually report to the Secretary the following 

14 data for the preceding year: 

15 ‘‘(A) The number of students in the State 

16 who are taking an accelerated learning course 

17 in such subject. 

18 ‘‘(B) The number of accelerated learning 

19 examinations taken by students in the State 

20 who have taken an accelerated learning course 

21 in such subject. 

22 ‘‘(C) The number of students in the State 

23 scoring at each level on accelerated learning ex24 aminations in such subject, disaggregated by 


asabaliauskas on DSK5VPTVN1PROD with BILLS
532 

•S 1177 PCS

1 race, ethnicity, sex, English proficiency status, 

2 and socioeconomic status. 

3 ‘‘(D) Demographic information regarding 

4 students in the State taking accelerated learn5 ing courses and accelerated learning examina6 tions in such subject, disaggregated by race, 

7 ethnicity, sex, English proficiency status, and 

8 socioeconomic status. 

9 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

10 shall annually compile the information received from 

11 each State educational agency under paragraph (1) 

12 and report to the authorizing committees of Con13 gress regarding the information. 

14 ‘‘(g) BUREAU OF INDIAN EDUCATION AS STATE

15 EDUCATIONAL AGENCY.—For purposes of this section, 

16 the Bureau of Indian Education shall be treated as a State 

17 educational agency. 

18 ‘‘SEC. 5505. ACCELERATED LEARNING INCENTIVE PRO19 GRAM GRANTS. 

20 ‘‘(a) GRANTS AUTHORIZED.— 

21 ‘‘(1) IN GENERAL.—From amounts made avail22 able under section 5503 for a fiscal year, the Sec23 retary shall award grants, on a competitive basis, to 

24 eligible entities to enable such entities to carry out 

25 the authorized activities described in subsection (e). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
533 

•S 1177 PCS

1 ‘‘(2) DURATION, RENEWAL, AND PAYMENTS.— 

2 ‘‘(A) DURATION.—The Secretary shall 

3 award a grant under this section for a period 

4 of not more than 3 years. 

5 ‘‘(B) RENEWAL.—The Secretary may 

6 renew a grant awarded under this section for 

7 an additional period of not more than 2 years, 

8 if an eligible entity— 

9 ‘‘(i) is achieving the objectives of the 

10 grant; and 

11 ‘‘(ii) has shown improvement against 

12 baseline data on the performance measures 

13 described in subparagraphs (A) through 

14 (E) of subsection (g)(1). 

15 ‘‘(C) PAYMENTS.—The Secretary shall 

16 make grant payments under this section on an 

17 annual basis. 

18 ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec19 tion, the term ‘eligible entity’ means— 

20 ‘‘(1) a State educational agency; 

21 ‘‘(2) a local educational agency; or 

22 ‘‘(3) a partnership consisting of— 

23 ‘‘(A) a national, regional, or statewide non24 profit organization, with expertise and experi25 ence in providing accelerated learning course 


asabaliauskas on DSK5VPTVN1PROD with BILLS
534 

•S 1177 PCS

1 services, dual enrollment programs, and early 

2 college high school courses; and 

3 ‘‘(B) a State educational agency or local 

4 educational agency. 

5 ‘‘(c) APPLICATION.— 

6 ‘‘(1) IN GENERAL.—Each eligible entity desir7 ing a grant under this section shall submit an appli8 cation to the Secretary at such time, in such man9 ner, and accompanied by such information as the 

10 Secretary may require. 

11 ‘‘(2) CONTENTS.—The application shall, at a 

12 minimum, include a description of— 

13 ‘‘(A) the goals and objectives for the 

14 project supported by the grant under this sec15 tion, including— 

16 ‘‘(i) increasing the number of teachers 

17 serving high-need schools who are qualified 

18 to teach accelerated learning courses, dual 

19 enrollment programs, and early college 

20 high school courses; 

21 ‘‘(ii) increasing the number of acceler22 ated learning courses, dual enrollment pro23 grams, and early college high school 

24 courses that are offered at high-need 

25 schools; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
535 

•S 1177 PCS

1 ‘‘(iii) increasing the number of stu2 dents attending a high-need school, par3 ticularly low-income students, who enroll 

4 and succeed in— 

5 ‘‘(I) accelerated learning courses; 

6 ‘‘(II) if offered by the school, 

7 pre-accelerated learning courses; 

8 ‘‘(III) dual enrollment programs; 

9 and 

10 ‘‘(IV) early college high school 

11 courses; 

12 ‘‘(B) how the eligible entity will ensure 

13 that students have access to courses that will 

14 prepare students to enroll and succeed in accel15 erated learning courses, pre-accelerated learning 

16 courses, dual enrollment programs, and early 

17 college high school courses; 

18 ‘‘(C) how the eligible entity will provide 

19 professional development for teachers that will 

20 further the goals and objectives of the grant 

21 project; 

22 ‘‘(D) how the eligible entity will ensure 

23 that teachers serving high-need schools are 

24 qualified to teach accelerated learning courses, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
536 

•S 1177 PCS

1 dual enrollment programs, and early college 

2 high school courses; 

3 ‘‘(E) how the eligible entity will provide for 

4 the involvement of business and community or5 ganizations and other entities, including institu6 tions of higher education, in carrying out the 

7 activities described in subsection (e); 

8 ‘‘(F) how the eligible entity will use funds 

9 received under this section; and 

10 ‘‘(G) how the eligible entity will evaluate 

11 the success of the grant project. 

12 ‘‘(d) PRIORITY.—In awarding grants under this sec13 tion, the Secretary shall give priority to applications from 

14 eligible entities that propose to carry out activities in a 

15 local educational agency that is eligible under the small 

16 rural school achievement program or the rural and low17 income school program authorized under subpart 1 or 2 

18 of part B of title VI. 

19 ‘‘(e) AUTHORIZED ACTIVITIES.—Each eligible entity 

20 that receives a grant under this section may use grant 

21 funds for— 

22 ‘‘(1) high-quality teacher professional develop23 ment, in order to expand the pool of teachers in the 

24 participating State, local educational agency, or 

25 high-need school who are qualified to teach accelerVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
537 

•S 1177 PCS

1 ated learning courses, dual enrollment programs, 

2 and early college high school courses, including 

3 through innovative models such as online academies 

4 and training institutes; 

5 ‘‘(2) teacher and counselor high-quality profes6 sional development in high school to prepare stu7 dents for success in accelerated learning courses, 

8 dual enrollment programs, and early college high 

9 school courses; 

10 ‘‘(3) coordination and articulation between 

11 grade levels to prepare students to enroll and suc12 ceed in accelerated learning courses, dual enrollment 

13 programs, and early college high school courses; 

14 ‘‘(4) the purchase of instructional materials for 

15 accelerated learning courses, dual enrollment pro16 grams, and early college high school courses; 

17 ‘‘(5) activities to increase the availability of, 

18 and participation in, online accelerated learning 

19 courses, dual enrollment programs, and early college 

20 high school courses; 

21 ‘‘(6) carrying out the requirements of sub22 section (g); or 

23 ‘‘(7) in the case of an eligible entity described 

24 in subsection (b)(1), awarding subgrants to local 

25 educational agencies to enable the local educational 


asabaliauskas on DSK5VPTVN1PROD with BILLS
538 

•S 1177 PCS

1 agencies to carry out authorized activities described 

2 in paragraphs (1) through (6). 

3 ‘‘(f) CONTRACTS.—An eligible entity that is awarded 

4 a grant to provide online courses under this section may 

5 enter into a contract with an organization to provide accel6 erated learning courses, dual enrollment programs, and 

7 early college high school courses, including contracting for 

8 necessary support services. 

9 ‘‘(g) COLLECTING AND REPORTING REQUIRE10 MENTS.— 

11 ‘‘(1) REPORT.—Each eligible entity receiving a 

12 grant under this section shall collect and report to 

13 the Secretary annually such data regarding the re14 sults of the grant as the Secretary may reasonably 

15 require, including— 

16 ‘‘(A) the number of students served by the 

17 eligible entity enrolling in accelerated learning 

18 courses, pre-accelerated learning courses, dual 

19 enrollment programs, and early college high 

20 school courses, disaggregated by grade level of 

21 the student, and the grades received by such 

22 students in the courses; 

23 ‘‘(B) the number of students taking an ac24 celerated learning examination and the distribu25 tion of scores on those examinations, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
539 

•S 1177 PCS

1 disaggregated by the grade level of the student 

2 at the time of examination; 

3 ‘‘(C) the number of teachers who are cur4 rently, as of the date of the report, receiving 

5 training to teach accelerated learning courses, 

6 dual enrollment programs, and early college 

7 high school courses, and will teach such courses 

8 in the next school year; 

9 ‘‘(D) the number of teachers becoming 

10 qualified to teach accelerated learning courses, 

11 dual enrollment programs, and early college 

12 high school courses; and 

13 ‘‘(E) the number of qualified teachers who 

14 are teaching accelerated learning courses, dual 

15 enrollment programs, and early college high 

16 school courses in high-need schools served by 

17 the eligible entity. 

18 ‘‘(2) REPORTING OF DATA.—Each eligible enti19 ty receiving a grant under this section shall report 

20 the data required under paragraph (1)— 

21 ‘‘(A) disaggregated by subject area; 

22 ‘‘(B) in the case of student data, 

23 disaggregated in the same manner as informa24 tion is disaggregated under section 

25 1111(b)(2)(B)(xi); and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
540 

•S 1177 PCS

1 ‘‘(C) in a manner that allows for an as2 sessment of the effectiveness of the grant pro3 gram. 

4 ‘‘(h) EVALUATION.—The Secretary, acting through 

5 the Director of the Institute of Education Sciences, shall, 

6 in consultation with the relevant program office at the De7 partment, evaluate the implementation and impact of the 

8 activities supported under this section, including progress 

9 as measured by the performance measures established 

10 under subparagraphs (A) through (E) of subsection 

11 (g)(1). 

12 ‘‘(i) MATCHING REQUIREMENT.— 

13 ‘‘(1) IN GENERAL.—Each eligible entity that re14 ceives a grant under this section shall provide to15 ward the cost of the activities assisted under the 

16 grant, from non-Federal sources, an amount equal 

17 to 100 percent of the amount of the grant, except 

18 that an eligible entity that is a high-need local edu19 cational agency, as determined by the Secretary, 

20 shall provide an amount equal to not more than 50 

21 percent of the amount of the grant. 

22 ‘‘(2) MATCHING FUNDS.—The eligible entity 

23 may provide the matching funds described in para24 graph (1) in cash or in-kind, fairly evaluated, but 

25 may not provide more than 50 percent of the matchVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00540 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
541 

•S 1177 PCS

1 ing funds in-kind. The eligible entity may provide 

2 the matching funds from State, local, or private 

3 sources. 

4 ‘‘(3) WAIVER.—The Secretary may waive all or 

5 part of the matching requirement described in para6 graph (1) for any fiscal year for an eligible entity if 

7 the Secretary determines that applying the matching 

8 requirement to such eligible entity would result in 

9 serious hardship or an inability to carry out the au10 thorized activities described in subsection (e). 

11 ‘‘SEC. 5506. SUPPLEMENT, NOT SUPPLANT. 

12 ‘‘Grant funds provided under this part shall supple13 ment, and not supplant, other non-Federal funds that are 

14 available to assist low-income students to pay for the cost 

15 of accelerated learning fees or to expand access to acceler16 ated learning and pre-accelerated learning courses. 

17 ‘‘SEC. 5507. DEFINITIONS. 

18 ‘‘In this part: 

19 ‘‘(1) ACCELERATED LEARNING COURSE.—The 

20 term ‘accelerated learning course’ means— 

21 ‘‘(A) a course of postsecondary-level in22 struction provided to middle or high school stu23 dents, terminating in an Advanced Placement 

24 or International Baccalaureate examination; or 


asabaliauskas on DSK5VPTVN1PROD with BILLS
542 

•S 1177 PCS

1 ‘‘(B) another highly rigorous, evidence2 based, postsecondary preparatory program ter3 minating in— 

4 ‘‘(i) an examination or sequence of 

5 courses that are widely accepted for credit 

6 at institutions of higher education; or 

7 ‘‘(ii) another examination or sequence 

8 of courses approved by the Secretary. 

9 ‘‘(2) ACCELERATED LEARNING EXAMINA10 TION.—The term ‘accelerated learning examination’ 

11 means an Advanced Placement examination adminis12 tered by the College Board, an International Bacca13 laureate examination administered by the Inter14 national Baccalaureate, an examination that is wide15 ly accepted for college credit, or another such exam16 ination approved by the Secretary. 

17 ‘‘(3) DUAL ENROLLMENT PROGRAM.—The term 

18 ‘dual enrollment’ means a program through which a 

19 high school student— 

20 ‘‘(A) takes courses offered through an in21 stitution of higher education while the student 

22 is enrolled in high school; and 

23 ‘‘(B) earns both secondary school and post24 secondary credit for the courses described in 

25 subparagraph (A). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
543 

•S 1177 PCS

1 ‘‘(4) EARLY COLLEGE HIGH SCHOOL.—The 

2 term ‘early college high school’ means a high school 

3 that provides a course of study that enables a stu4 dent to earn a high school diploma and either an as5 sociate’s degree or 1 to 2 years of postsecondary 

6 credit toward a postsecondary degree or credential. 

7 ‘‘(5) HIGH-NEED SCHOOL.—The term ‘high8 need school’ means a high school— 

9 ‘‘(A) with a demonstrated need for Ad10 vanced Placement or International Bacca11 laureate courses, dual enrollment programs, or 

12 early college high school courses; and 

13 ‘‘(B) that— 

14 ‘‘(i) has a high concentration of low15 income students; or 

16 ‘‘(ii) is a local educational agency that 

17 is eligible, as determined by the Secretary, 

18 under the small, rural school achievement 

19 program, or the rural and low-income 

20 school program, authorized under subpart 

21 1 or 2 of part B of title VI. 

22 ‘‘(6) LOW-INCOME STUDENT.—The term ‘low23 income student’ means a student who is eligible for 

24 a free or reduced-price lunch under the school lunch 

25 program established under the Richard B. Russell 


asabaliauskas on DSK5VPTVN1PROD with BILLS
544 

•S 1177 PCS

1 National School Lunch Act (42 U.S.C. 1751 et 

2 seq.). 

3 ‘‘SEC. 5508. AUTHORIZATION OF APPROPRIATIONS. 

4 ‘‘There are authorized to be appropriated to carry out 

5 this part such sums as may be necessary for each of fiscal 

6 years 2016 through 2021.’’. 

7 SEC. 5007. READY-TO-LEARN TELEVISION. 

8 Title V (20 U.S.C. 7201 et seq.), as amended by sec9 tion 5001, is further amended by inserting after part E, 

10 as added by section 5006, the following: 

11 ‘‘PART F—READY-TO-LEARN TELEVISION 

12 ‘‘SEC. 5601. READY-TO-LEARN. 

13 ‘‘(a) PROGRAM AUTHORIZED; READY-TO-LEARN.— 

14 ‘‘(1) IN GENERAL.—The Secretary is authorized 

15 to award grants to, or enter into contracts or coop16 erative agreements with, eligible entities described in 

17 paragraph (3) to enable such entities— 

18 ‘‘(A) to develop, produce, and distribute 

19 educational and instructional video program20 ming for preschool and elementary school chil21 dren and their parents in order to facilitate stu22 dent academic achievement; 

23 ‘‘(B) to facilitate the development, directly 

24 or through contracts with producers of children 

25 and family educational television programming, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
545 

•S 1177 PCS

1 of educational programming for preschool and 

2 elementary school children, and the accom3 panying support materials and services that 

4 promote the effective use of such programming; 

5 ‘‘(C) to facilitate the development of pro6 gramming and digital content containing 

7 Ready-to-Learn-based children’s programming 

8 and resources for parents and caregivers that is 

9 specially designed for nationwide distribution 

10 over public television stations’ digital broad11 casting channels and the Internet; 

12 ‘‘(D) to contract with entities (such as 

13 public telecommunications entities) so that pro14 grams developed under this section are dissemi15 nated and distributed to the widest possible au16 dience appropriate to be served by the program17 ming, and through the use of the most appro18 priate distribution technologies; and 

19 ‘‘(E) to develop and disseminate education 

20 and training materials, including interactive 

21 programs and programs adaptable to distance 

22 learning technologies, that are designed— 

23 ‘‘(i) to promote school readiness; and 

24 ‘‘(ii) to promote the effective use of 

25 materials developed under subparagraphs 


asabaliauskas on DSK5VPTVN1PROD with BILLS
546 

•S 1177 PCS

1 (B) and (C) among parents, teachers, 

2 Head Start providers, providers of family 

3 literacy services, child care providers, early 

4 childhood development personnel, elemen5 tary school teachers, public libraries, and 

6 after-school program personnel caring for 

7 preschool and elementary school children. 

8 ‘‘(2) AVAILABILITY.—In awarding or entering 

9 into grants, contracts, or cooperative agreements 

10 under this section, the Secretary shall ensure that 

11 eligible entities make programming widely available, 

12 with support materials as appropriate, to young chil13 dren, parents, child care workers, Head Start pro14 viders, and providers of family literacy services to in15 crease the effective use of such programming. 

16 ‘‘(3) ELIGIBLE ENTITIES.—To be eligible to re17 ceive a grant, contract, or cooperative agreement 

18 under this section, an entity shall be a public tele19 communications entity that is able to demonstrate 

20 each of the following: 

21 ‘‘(A) A capacity for the development and 

22 national distribution of educational and instruc23 tional television programming of high quality 

24 that is accessible by a large majority of disVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
547 

•S 1177 PCS

1 advantaged preschool and elementary school 

2 children. 

3 ‘‘(B) A capacity to contract with the pro4 ducers of children’s television programming for 

5 the purpose of developing educational television 

6 programming of high quality. 

7 ‘‘(C) A capacity, consistent with the enti8 ty’s mission and nonprofit nature, to negotiate 

9 such contracts in a manner that returns to the 

10 entity an appropriate share of any ancillary in11 come from sales of any program-related prod12 ucts. 

13 ‘‘(D) A capacity to localize programming 

14 and materials to meet specific State and local 

15 needs and to provide educational outreach at 

16 the local level. 

17 ‘‘(4) COORDINATION OF ACTIVITIES.—An entity 

18 receiving a grant, contract, or cooperative agreement 

19 under this section shall consult with the Secretary 

20 and the Secretary of Health and Human Services— 

21 ‘‘(A) to maximize the utilization of quality 

22 educational programming by preschool and ele23 mentary school children, and make such pro24 gramming widely available to federally funded 

25 programs serving such populations; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
548 

•S 1177 PCS

1 ‘‘(B) to coordinate activities with Federal 

2 programs that have major training components 

3 for early childhood development, including pro4 grams under the Head Start Act (42 U.S.C. 

5 9831 et seq.) and State training activities fund6 ed under the Child Care and Development 

7 Block Grant Act of 1990 (42 U.S.C. 9858 et 

8 seq.), regarding the availability and utilization 

9 of materials developed under paragraph (1)(E) 

10 to enhance parent and child care provider skills 

11 in early childhood development and education. 

12 ‘‘(b) APPLICATIONS.—To be eligible to receive a 

13 grant, contract, or cooperative agreement under sub14 section (a), an entity shall submit to the Secretary an ap15 plication at such time, in such manner, and containing 

16 such information as the Secretary may reasonably require. 

17 ‘‘(c) REPORTS AND EVALUATIONS.— 

18 ‘‘(1) ANNUAL REPORT TO THE SECRETARY.— 

19 An entity receiving a grant, contract, or cooperative 

20 agreement under this section shall prepare and sub21 mit to the Secretary an annual report that contains 

22 such information as the Secretary may require. At 

23 a minimum, the report shall describe the program 

24 activities undertaken with funds received under the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
549 

•S 1177 PCS

1 grant, contract, or cooperative agreement, including 

2 each of the following: 

3 ‘‘(A) The programming that has been de4 veloped, directly or indirectly, by the eligible en5 tity, and the target population of the programs 

6 developed. 

7 ‘‘(B) The support and training materials 

8 that have been developed to accompany the pro9 gramming, and the method by which the mate10 rials are distributed to consumers and users of 

11 the programming. 

12 ‘‘(C) The means by which programming 

13 developed under this section has been distrib14 uted, including the distance learning tech15 nologies that have been utilized to make pro16 gramming available, and the geographic dis17 tribution achieved through such technologies. 

18 ‘‘(D) The initiatives undertaken by the en19 tity to develop public-private partnerships to se20 cure non-Federal support for the development, 

21 distribution, and broadcast of educational and 

22 instructional programming. 

23 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

24 shall prepare and submit to the Committee on 

25 Health, Education, Labor, and Pensions of the SenVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00549 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
550 

•S 1177 PCS

1 ate and the Committee on Education and the Work2 force of the House of Representatives a biannual re3 port that includes the following: 

4 ‘‘(A) A summary of the activities assisted 

5 under subsection (a). 

6 ‘‘(B) A description of the education and 

7 training materials made available under sub8 section (a)(1)(E), the manner in which outreach 

9 has been conducted to inform parents and child 

10 care providers of the availability of such mate11 rials, and the manner in which such materials 

12 have been distributed in accordance with such 

13 subsection. 

14 ‘‘(d) ADMINISTRATIVE COSTS.—An entity that re15 ceives a grant, contract, or cooperative agreement under 

16 this section may use up to 5 percent of the amount re17 ceived under the grant, contract, or agreement for the nor18 mal and customary expenses of administering the grant, 

19 contract, or agreement. 

20 ‘‘(e) FUNDING RULE.—Not less than 60 percent of 

21 the amount appropriated under subsection (f) for each fis22 cal year shall be used to carry out activities under sub23 paragraphs (B) through (D) of subsection (a)(1). 

24 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to carry out this part 


asabaliauskas on DSK5VPTVN1PROD with BILLS
551 

•S 1177 PCS

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

2 2016 through 2021.’’. 

3 SEC. 5008. INNOVATIVE TECHNOLOGY EXPANDS CHIL4 DREN’S HORIZONS (I–TECH). 

5 Title V (20 U.S.C. 7201 et seq.), as amended by sec6 tion 5001, is further amended by inserting after part F, 

7 as added by section 5007, the following: 

8 ‘‘PART G—INNOVATIVE TECHNOLOGY EXPANDS 

9 CHILDREN’S HORIZONS (I–TECH) 

10 ‘‘SEC. 5701. PURPOSES. 

11 ‘‘The purposes of this part are— 

12 ‘‘(1) to improve the achievement, academic 

13 growth, and college and career readiness of all stu14 dents; 

15 ‘‘(2) to ensure all students have access to per16 sonalized, rigorous learning experiences that are 

17 supported through technology; 

18 ‘‘(3) to ensure that educators have the knowl19 edge and skills to use technology, including com20 puter-based assessments and blended learning strat21 egies, to personalize learning; 

22 ‘‘(4) to ensure district and school leaders have 

23 the skills required to implement, and support school24 and district-wide approaches for using technology to 


asabaliauskas on DSK5VPTVN1PROD with BILLS
552 

•S 1177 PCS

1 inform instruction, support teacher collaboration, 

2 and personalize learning; 

3 ‘‘(5) to ensure that students in rural, remote, 

4 and underserved areas have the resources to take 

5 advantage of high-quality digital learning experi6 ences, digital resources, and access to online courses 

7 taught by effective educators; 

8 ‘‘(6) to ensure that students have increased ac9 cess to online dual and concurrent enrollment oppor10 tunities, career and technical courses, and programs 

11 leading to a recognized postsecondary credential (as 

12 defined in section 3 of the Workforce Innovation and 

13 Opportunity Act (29 U.S.C. 3102)), and courses 

14 taught by educators, including advanced coursework; 

15 and 

16 ‘‘(7) to ensure that State educational agencies, 

17 local educational agencies, elementary schools, and 

18 secondary schools have the technological capacity, 

19 infrastructure, and technical support necessary to 

20 meet purposes described in paragraphs (1) through 

21 (6). 

22 ‘‘SEC. 5702. DEFINITIONS. 

23 ‘‘In this part: 

24 ‘‘(1) DIGITAL LEARNING.—The term ‘digital 

25 learning’ means any instructional practice that effecVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
553 

•S 1177 PCS

1 tively uses technology to strengthen a student’s 

2 learning experience and encompasses a wide spec3 trum of tools and practices, including— 

4 ‘‘(A) interactive learning resources that en5 gage students in academic content; 

6 ‘‘(B) access to online databases and other 

7 primary source documents; 

8 ‘‘(C) the use of data, data analytics, and 

9 information to personalize learning and provide 

10 targeted supplementary instruction; 

11 ‘‘(D) student collaboration with content ex12 perts and peers; 

13 ‘‘(E) online and computer-based assess14 ments; 

15 ‘‘(F) digital learning content, software, or 

16 simulations; 

17 ‘‘(G) access to online courses; 

18 ‘‘(H) mobile devices for learning in school 

19 and at home; 

20 ‘‘(I) learning environments that allow for 

21 rich collaboration and communication; 

22 ‘‘(J) hybrid or blended learning, which oc23 curs under direct instructor supervision at a 

24 school or other location away from home and, 

25 at least in part, through online delivery of inVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00553 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
554 

•S 1177 PCS

1 struction with some element of student control 

2 over time, place, path, or pace; 

3 ‘‘(K) access to online course opportunities 

4 for students in rural or remote areas; and 

5 ‘‘(L) discovery, modification, and sharing 

6 of openly licensed digital learning materials. 

7 ‘‘(2) ELIGIBLE TECHNOLOGY.—The term ‘eligi8 ble technology’ means modern computer, and com9 munication technology software, services, or tools, 

10 including computer or mobile devices, software appli11 cations, systems and platforms, and digital learning 

12 content, and related services and supports. 

13 ‘‘(3) TECHNOLOGY READINESS SURVEY.—The 

14 term ‘technology readiness survey’ means a survey 

15 completed by a local educational agency that pro16 vides standardized information on the quantity and 

17 types of technology infrastructure and access avail18 able to the students and in the community served by 

19 the local educational agency, including computer de20 vices, access to school libraries, Internet 

21 connectivity, operating systems, related network in22 frastructure, data systems, educator professional 

23 learning needs and priorities, and data security. 

24 ‘‘(4) UNIVERSAL DESIGN FOR LEARNING.—The 

25 term ‘universal design for learning’ has the meaning 


asabaliauskas on DSK5VPTVN1PROD with BILLS
555 

•S 1177 PCS

1 given the term in section 103 of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1003). 

3 ‘‘SEC. 5703. TECHNOLOGY GRANTS PROGRAM AUTHORIZED. 

4 ‘‘(a) IN GENERAL.—From the amounts appropriated 

5 under section 5708, the Secretary may reserve not more 

6 than 1.5 percent for national activities to support grantees 

7 and shall award the remainder to State educational agen8 cies to strengthen State and local technological infrastruc9 ture and professional learning that supports digital learn10 ing through State activities under section 5705(c) and 

11 local activities under section 5706(c). 

12 ‘‘(b) GRANTS TO STATE EDUCATIONAL AGENCIES.— 

13 ‘‘(1) RESERVATIONS.—From the amounts ap14 propriated under section 5708 for any fiscal year, 

15 the Secretary shall reserve— 

16 ‘‘(A) three-fourths of 1 percent for the 

17 Secretary of the Interior to provide assistance 

18 under this part for schools operated or funded 

19 by the Bureau of Indian Education; and 

20 ‘‘(B) 1 percent to provide assistance under 

21 this part to the outlying areas. 

22 ‘‘(2) GRANT ALLOTMENTS.—From the amounts 

23 appropriated under section 5708 for any fiscal year 

24 and remaining after the Secretary makes reserva25 tions under paragraph (1), the Secretary shall make 


asabaliauskas on DSK5VPTVN1PROD with BILLS
556 

•S 1177 PCS

1 a grant for the fiscal year to each State educational 

2 agency with an approved application under section 

3 5704 in an amount that bears the same relationship 

4 to such remainder as the amount the State edu5 cational agency received under part A of title I for 

6 such year bears to the amount all State educational 

7 agencies with an approved application under section 

8 5704 received under such part for such year. 

9 ‘‘(c) MINIMUM.—The amount of a grant to a State 

10 educational agency under subsection (b)(2) for a fiscal 

11 year shall not be less than one-half of 1 percent of the 

12 total amount made available for grants to all State edu13 cational agencies under such subsection for such year. 

14 ‘‘(d) REALLOTMENT OF UNUSED FUNDS.—If any 

15 State educational agency does not apply for a grant under 

16 section 5704 for a fiscal year, or does not use the State 

17 educational agency’s entire grant allotment under sub18 section (b)(2) for such year, the Secretary shall reallot the 

19 amount of the State educational agency’s grant, or the un20 used portion of the grant allotment, to the remaining 

21 State educational agencies that use their entire grant 

22 amounts under subsection (b)(2) for such year. 

23 ‘‘(e) MATCHING FUNDS.— 

24 ‘‘(1) IN GENERAL.—A State educational agency 

25 that receives a grant under subsection (b)(2) shall 


asabaliauskas on DSK5VPTVN1PROD with BILLS
557 

•S 1177 PCS

1 provide matching funds, from non-Federal sources, 

2 in an amount equal to 10 percent of the amount of 

3 grant funds provided to the State educational agency 

4 to carry out the activities supported by the grant. 

5 Such matching funds may be provided in cash or in6 kind, except that any such in-kind contributions 

7 shall be provided for the purpose of supporting the 

8 State educational agency’s activities under section 

9 5705(c). 

10 ‘‘(2) WAIVER.—The Secretary may waive the 

11 matching requirement under paragraph (1) for a 

12 State educational agency that demonstrates that 

13 such requirement imposes an undue financial hard14 ship on the State educational agency. 

15 ‘‘SEC. 5704. STATE APPLICATIONS. 

16 ‘‘(a) APPLICATION.—To receive a grant under section 

17 5703(b)(2), a State educational agency shall submit to the 

18 Secretary an application at such time and in such manner 

19 as the Secretary may require and containing the informa20 tion described in subsection (b). 

21 ‘‘(b) CONTENTS.—Each application submitted under 

22 subsection (a) shall include the following: 

23 ‘‘(1) A description of how the State educational 

24 agency will meet the following goals: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
558 

•S 1177 PCS

1 ‘‘(A) Use technology to ensure all students 

2 achieve college and career readiness and digital 

3 literacy, including by providing high-quality 

4 education opportunities to economically or geo5 graphically isolated student populations. 

6 ‘‘(B) Provide educators, school leaders, 

7 and administrators with the professional learn8 ing tools, devices, content, and resources to— 

9 ‘‘(i) personalize learning to improve 

10 student academic achievement; and 

11 ‘‘(ii) discover, adapt, and share rel12 evant high-quality open educational re13 sources. 

14 ‘‘(C) Enable local educational agencies to 

15 build the technological capacity and infrastruc16 ture. 

17 ‘‘(2) An assurance that each local educational 

18 awarded a subgrant under this part has conducted 

19 a technology readiness survey and will take steps to 

20 address the readiness gaps identified not later than 

21 3 years after the completion of the survey by the 

22 local educational agency. 

23 ‘‘(3) An assurance that the State educational 

24 agency will ensure that the State educational agenVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
559 

•S 1177 PCS

1 cy’s technology systems and school-based technology 

2 systems are interoperable. 

3 ‘‘(4) An assurance that the State educational 

4 agency will consider making content widely available 

5 through open educational resources when making 

6 purchasing decisions with funds received under this 

7 part. 

8 ‘‘(5) A description of how the State educational 

9 agency will award subgrants to local educational 

10 agencies under section 5706. 

11 ‘‘(6) A description of the process, activities, and 

12 performance measures that the State educational 

13 agency will use to evaluate the impact and effective14 ness of the grant and subgrant funds awarded under 

15 this part across the State and in each local edu16 cational agency. 

17 ‘‘(7) An assurance that the State educational 

18 agency consulted with local educational agencies in 

19 the development of the State educational agency’s 

20 application under this subsection. 

21 ‘‘(8) An assurance that the State educational 

22 agency will provide matching funds as required 

23 under section 5703(e). 

24 ‘‘(9) An assurance that the State educational 

25 agency will protect the privacy and safety of stuVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
560 

•S 1177 PCS

1 dents and teachers, consistent with requirements of 

2 section 444 of the General Education Provisions Act 

3 (20 U.S.C. 1232g) (commonly known as the ‘Family 

4 Educational Rights and Privacy Act of 1974’) and 

5 section 445 of the General Education Provisions Act 

6 (20 U.S.C. 1232h). 

7 ‘‘(10) An assurance that funds made available 

8 under this part shall be used to supplement, and not 

9 supplant, any other Federal, State, or local funds 

10 that would otherwise be available to carry out the 

11 activities assisted under this part. 

12 ‘‘SEC. 5705. STATE USE OF GRANT FUNDS. 

13 ‘‘(a) RESERVATION FOR SUBGRANTS TO SUPPORT

14 TECHNOLOGY INFRASTRUCTURE.—Each State edu15 cational agency that receives a grant under section 

16 5703(b)(2) shall expend not less than 90 percent of the 

17 grant amount for each fiscal year to award subgrants to 

18 local educational agencies in accordance with section 

19 5706. 

20 ‘‘(b) RESERVATION FOR STATE ACTIVITIES.— 

21 ‘‘(1) IN GENERAL.—A State educational agency 

22 shall reserve not more than 10 percent of the grant 

23 received under section 5703(b)(2) for the State ac24 tivities described in subsection (c). 

25 ‘‘(2) GRANT ADMINISTRATION.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
561 

•S 1177 PCS

1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), of the amount reserved by a State 

3 educational agency under paragraph (1), the 

4 State educational agency may reserve for the 

5 administration of the grant under this part not 

6 more than— 

7 ‘‘(i) 1 percent in the case of a State 

8 educational agency awarding subgrants 

9 under section 5706(a)(1); or 

10 ‘‘(ii) 3 percent in the case of a State 

11 educational agency awarding subgrants 

12 under section 5706(a)(2). 

13 ‘‘(B) SPECIAL RULE.—Notwithstanding 

14 subparagraph (A), a State educational agency 

15 that forms a State purchasing consortium 

16 under subsection (d)— 

17 ‘‘(i) may reserve an additional 1 per18 cent to carry out the activities described in 

19 subsection (d)(1); and 

20 ‘‘(ii) may reserve amounts in addition 

21 to the percentage described in clause (i) if 

22 the State purchasing consortium receives 

23 direct approval from the local educational 

24 agencies receiving subgrants under section 

25 5706(a) from the State educational agency 


asabaliauskas on DSK5VPTVN1PROD with BILLS
562 

•S 1177 PCS

1 prior to reserving more than the additional 

2 percentage authorized under clause (i). 

3 ‘‘(c) STATE ACTIVITIES.—A State educational agency 

4 may use funds described in subsection (b) to carry out 

5 each of the following: 

6 ‘‘(1) Except for the awarding of subgrants in 

7 accordance with section 5706, activities described in 

8 the State educational agency’s application under sec9 tion 5704(b). 

10 ‘‘(2) Providing technical assistance to local edu11 cational agencies to— 

12 ‘‘(A) identify and address technology readi13 ness needs, as determined by the technology 

14 readiness surveys; 

15 ‘‘(B) use technology, consistent with the 

16 principles of universal design for learning, to 

17 support the learning needs of all students, in18 cluding children with disabilities and English 

19 learners; 

20 ‘‘(C) build capacity for principals and local 

21 educational agency administrators to support 

22 teachers in using data and technology to im23 prove teaching and personalize learning; 

24 ‘‘(D) ensure that contractual requirements 

25 for third parties that have access to student 


asabaliauskas on DSK5VPTVN1PROD with BILLS
563 

•S 1177 PCS

1 data, its storage, or provide analytics on stu2 dent data provide privacy protections consistent 

3 with the requirements of section 444 of the 

4 General Education Provisions Act (20 U.S.C. 

5 1232g) (commonly known as the ‘Family Edu6 cational Rights and Privacy Act of 1974’); and 

7 ‘‘(E) provide tools and processes to sup8 port the creation, modification, and distribution 

9 of open educational resources. 

10 ‘‘(3) Developing or utilizing research-based or 

11 innovative strategies for the delivery of specialized or 

12 rigorous academic courses and curricula through the 

13 use of technology, including digital learning tech14 nologies and assistive technology. 

15 ‘‘(4) Integrating and coordinating activities 

16 under this part with other educational resources and 

17 programs across the State. 

18 ‘‘(5) Disseminating information, including mak19 ing publicly available on the website of the State 

20 educational agency, promising practices to improve 

21 technology instruction, best practices for data secu22 rity, and acquiring and implementing technology 

23 tools and applications. 

24 ‘‘(6) Ensuring that teachers, paraprofessionals, 

25 library and media personnel, specialized instructional 


asabaliauskas on DSK5VPTVN1PROD with BILLS
564 

•S 1177 PCS

1 support personnel, and administrators possess the 

2 knowledge and skills to use technology to meet the 

3 goals described in section 5704(b)(1). 

4 ‘‘(7) Coordinating with teacher, principal, and 

5 other school leader preparation programs to ensure 

6 that preservice teachers, principals, and other school 

7 leaders have the skills to implement digital learning 

8 programs effectively. 

9 ‘‘(8) Supporting schools in rural and remote 

10 areas to expand access to high-quality digital learn11 ing opportunities. 

12 ‘‘(d) PURCHASING CONSORTIA.— 

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

14 receiving a grant under section 5703(b)(2) may— 

15 ‘‘(A) form a State purchasing consortium 

16 with 1 or more State educational agencies re17 ceiving such a grant to carry out the State ac18 tivities described in subsection (c), including 

19 purchasing eligible technology; 

20 ‘‘(B) encourage local educational agencies 

21 to form local purchasing consortia under section 

22 5706(c)(4); and 

23 ‘‘(C) promote pricing opportunities to local 

24 educational agencies for the purchase of eligible 

25 technology that are— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
565 

•S 1177 PCS

1 ‘‘(i) negotiated by the State edu2 cational agency or the State purchasing 

3 consortium of the State educational agen4 cy; and 

5 ‘‘(ii) available to such local edu6 cational agencies. 

7 ‘‘(2) RESTRICTIONS.—A State educational 

8 agency receiving a grant under section 5703(b)(2) 

9 shall not— 

10 ‘‘(A) except for promoting the pricing op11 portunities described in paragraph (1)(C), make 

12 recommendations to local educational agencies 

13 for, or require, use of any specific commercial 

14 products and services by local educational agen15 cies; 

16 ‘‘(B) require local educational agencies to 

17 participate in a State purchasing consortia or 

18 local purchasing consortia; or 

19 ‘‘(C) use more than the amount reserved 

20 under subsection (b) to carry out the activities 

21 described in paragraph (1), unless the State 

22 educational agency receives approval in accord23 ance with subsection (b)(2)(B). 

24 ‘‘SEC. 5706. LOCAL SUBGRANTS. 

25 ‘‘(a) SUBGRANTS.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
566 

•S 1177 PCS

1 ‘‘(1) GRANTS TO LOCAL EDUCATIONAL AGEN2 CIES.—From the grant funds provided under section 

3 5703(b)(2) to a State educational agency that are 

4 remaining after the State educational agency makes 

5 reservations under section 5705(b) for any fiscal 

6 year and subject to paragraph (2), the State edu7 cational agency shall award subgrants for the fiscal 

8 year to local educational agencies served by the 

9 State educational agency and with an approved ap10 plication under subsection (b) by allotting to each 

11 such local educational agency an amount that bears 

12 the same relationship to the remainder as the 

13 amount received by the local educational agency 

14 under part A of title I for such year bears to the 

15 amount received by all such local educational agen16 cies under such part for such year, except that no 

17 local educational agency may receive less than 

18 $20,000 for a year. 

19 ‘‘(2) COMPETITIVE GRANTS TO LOCAL EDU20 CATIONAL AGENCIES.—If the amount of funds ap21 propriated under section 5708 is less than 

22 $300,000,000 for any fiscal year, a State edu23 cational agency— 

24 ‘‘(A) shall not award subgrants under 

25 paragraph (1); and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
567 

•S 1177 PCS

1 ‘‘(B) shall— 

2 ‘‘(i) award subgrants, on a competi3 tive basis, to local educational agencies 

4 based on the quality of applications sub5 mitted under subsection (b), including— 

6 ‘‘(I) the level of technology readi7 ness, as determined by the technology 

8 readiness surveys completed by local 

9 educational agencies submitting such 

10 applications; and 

11 ‘‘(II) the technology plans de12 scribed in subsection (b)(4) and how 

13 the local educational agencies with 

14 such plans will carry out the align15 ment and coordination described in 

16 such subsection; 

17 ‘‘(ii) give priority to local educational 

18 agencies that have demonstrated substan19 tial need for assistance in acquiring and 

20 using technology, based on the agency’s 

21 technology readiness survey; and 

22 ‘‘(iii) give priority to schools that 

23 serve students in rural and remote areas, 

24 schools identified under section 1114 as in 

25 need of intervention and support and the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
568 

•S 1177 PCS

1 persistently lowest achieving schools, or 

2 schools with a high percentage of students 

3 aged 5 through 17 who are in poverty, as 

4 counted in the most recent census data ap5 proved by the Secretary, who are eligible 

6 for a free or reduced priced lunch under 

7 the Richard B. Russell National School 

8 Lunch Act, in families receiving assistance 

9 under the State program funded under 

10 part A of title IV of the Social Security 

11 Act, or eligible to receive medical assist12 ance under the Medicaid program. 

13 ‘‘(3) DEFINITION OF LOCAL EDUCATIONAL

14 AGENCY FOR CERTAIN FISCAL YEARS.—For pur15 poses of awarding subgrants under paragraph (2), 

16 the term ‘local educational agency’ means— 

17 ‘‘(A) a local educational agency; 

18 ‘‘(B) an educational service agency; or 

19 ‘‘(C) a local educational agency and an 

20 educational service agency. 

21 ‘‘(b) APPLICATION.—A local educational agency that 

22 desires to receive a subgrant under subsection (a) shall 

23 submit an application to the State at such time, in such 

24 manner, and accompanied by such information as the 

25 State educational agency may require, such as— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
569 

•S 1177 PCS

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 (3) 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 that specialize in supporting students who are chil20 dren with disabilities and English learners, other 

21 school leaders, library and media personnel, tech22 nology officers, and staff responsible for assessments 

23 and data; 

24 ‘‘(5) a description of how the local educational 

25 agency will build capacity for principals, other school 


asabaliauskas on DSK5VPTVN1PROD with BILLS
570 

•S 1177 PCS

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, library and media per22 sonnel, specialized instructional support personnel, 

23 technology coordinators, and administrators in the 

24 use of technology to support student learning. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
571 

•S 1177 PCS

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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
572 

•S 1177 PCS

1 ‘‘(4) PURCHASING CONSORTIA.—Local edu2 cational agencies receiving subgrants under sub3 section (a) may— 

4 ‘‘(A) form a local purchasing consortia 

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 con11 sortia under section 5706(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 inVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00572 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
573 

•S 1177 PCS

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 that shall be 

15 used to carry out such project. 

16 ‘‘(C) DEFINITION OF BLENDED LEARN17 ING.—In this paragraph, the term ‘blended 

18 learning’ means a formal education program 

19 that leverages both technology-based and face20 to-face instructional approaches that— 

21 ‘‘(i) include an element of online or 

22 digital learning, combined with supervised 

23 learning time, and student-led learning, in 

24 which the elements are connected to pro25 vide an integrated learning experience; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
574 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
575 

•S 1177 PCS

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— 

18 ‘‘(1) promoting arts education for disadvan19 taged students and students who are children with 

20 disabilities, 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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
576 

•S 1177 PCS

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) promoting literacy programs that support 

8 the development of literacy skills in low-income com9 munities, 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 inVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
577 

•S 1177 PCS

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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
578 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
579 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
580 

•S 1177 PCS

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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
581 

•S 1177 PCS

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

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

23 Commonwealth of Puerto Rico. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
582 

•S 1177 PCS

1 ‘‘SEC. 5902. EARLY LEARNING ALIGNMENT AND IMPROVE2 MENT GRANTS. 

3 ‘‘(a) GRANTS AUTHORIZED.— 

4 ‘‘(1) IN GENERAL.—From amounts made avail5 able under section 5903, the Secretary, in consulta6 tion with the Secretary of Health and Human Serv7 ices, shall award grants, on a competitive basis, to 

8 States to enable the States to carry out the activities 

9 described in subsection (d). 

10 ‘‘(2) RESERVATION FOR STATES SERVING

11 RURAL AREAS.—From the amounts appropriated 

12 under section 5903 for a fiscal year, the Secretary 

13 shall reserve not less than 30 percent for grants to 

14 States that propose to carry out the activities de15 scribed in subsection (d) for eligible children living 

16 in rural areas. The Secretary shall reduce the 

17 amount described in the preceding sentence if the 

18 Secretary does not receive a sufficient number of ap19 plications that are deserving of a grant under this 

20 part for such purpose. 

21 ‘‘(3) PRIORITY.—In awarding grants under this 

22 section, the Secretary shall give priority to a State 

23 that will use funds under this grant to focus on eli24 gible children— 

25 ‘‘(A) who are 3 and 4 years of age; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
583 

•S 1177 PCS

1 ‘‘(B) whose family income does not exceed 

2 130 percent of the poverty line. 

3 ‘‘(4) DURATION OF GRANTS.—A grant awarded 

4 under this section shall be for a period of not more 

5 than 3 years and may not be renewed by the Sec6 retary. 

7 ‘‘(5) LIMITATION.— 

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

9 subparagraph (B), a State may receive a grant 

10 under this section only once. 

11 ‘‘(B) EXCEPTION.—Notwithstanding sub12 paragraph (A), a State may receive more than 

13 1 grant under this section only— 

14 ‘‘(i) if the State is proposing, for such 

15 additional grants, to carry out activities for 

16 eligible children living in rural areas; or 

17 ‘‘(ii) after all States, which meet the 

18 requirements and have submitted an appli19 cation under this section, have received a 

20 grant, to the extent that funds for a grant 

21 are still available. 

22 ‘‘(6) EQUITABLE DISTRIBUTION.—To the ex23 tent practicable, the Secretary shall ensure an equi24 table geographic distribution of grants under this 

25 section. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
584 

•S 1177 PCS

1 ‘‘(b) STATE REQUIREMENTS.— 

2 ‘‘(1) LEAD AGENCY.— 

3 ‘‘(A) DESIGNATION.—A State desiring a 

4 grant under this section shall designate an 

5 agency (which may be an appropriate collabo6 rative agency) or establish a joint interagency 

7 office, that complies with the requirements of 

8 subparagraph (B), to serve as a lead agency for 

9 the State under this section. 

10 ‘‘(B) DUTIES.—The lead agency des11 ignated under subparagraph (A) shall— 

12 ‘‘(i) administer, directly or through 

13 other governmental or nongovernmental 

14 agencies, the Federal assistance received 

15 under this section by the State; 

16 ‘‘(ii) develop the application submitted 

17 to the Secretary under subsection (c); and 

18 ‘‘(iii) coordinate the provision of ac19 tivities under this section with existing 

20 Federal, State, and local early childhood 

21 education programs. 

22 ‘‘(2) PARTNERS.—In order to be eligible for a 

23 grant under this section, a State shall partner with 

24 an eligible partnership. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
585 

•S 1177 PCS

1 ‘‘(3) MATCHING REQUIREMENT.—Each State 

2 that receives a grant under this part shall provide 

3 from Federal or non-Federal sources (which may be 

4 provided in cash or in-kind) to carry out the activi5 ties supported by the grant, an amount equal to— 

6 ‘‘(A) 30 percent of the amount of the 

7 grant in the first year of such grant; and 

8 ‘‘(B) not less than 30 percent of the 

9 amount of the grant in the second and third 

10 year of such grant, respectively. 

11 ‘‘(c) APPLICATIONS.—A State desiring a grant under 

12 this section shall submit an application at such time, in 

13 such manner, and containing such information as the Sec14 retary may reasonably require. The application shall in15 clude— 

16 ‘‘(1) an identification of the lead agency that 

17 the Governor of the State has appointed to be re18 sponsible for the grant under this section; 

19 ‘‘(2) a description of the eligible partnership re20 quired under subsection (b)(2), which will assist the 

21 State in developing the plan and implementing the 

22 activities under this part; 

23 ‘‘(3) to the extent practicable, the unduplicated 

24 counts of the number of eligible children served 

25 using existing Federal, State, and local resources 


asabaliauskas on DSK5VPTVN1PROD with BILLS
586 

•S 1177 PCS

1 and programs that the State will coordinate to meet 

2 the purposes of this part, including— 

3 ‘‘(A) programs carried out under the Head 

4 Start Act, including the Early Head Start pro5 grams carried out under such Act; 

6 ‘‘(B) programs carried out under section 

7 619 and parts B and C of the Individuals with 

8 Disabilities Education Act; 

9 ‘‘(C) child care programs carried out under 

10 the Child Care and Development Block Grant 

11 Act of 1990 (42 U.S.C. 9858 et seq.) or section 

12 418 of the Social Security Act (42 U.S.C. 618); 

13 ‘‘(D) other Federal, State, local, and In14 dian tribe or tribal organization programs of 

15 early learning, childhood education, child care, 

16 and development in the State; and 

17 ‘‘(E) as applicable— 

18 ‘‘(i) programs carried out under other 

19 provisions of this Act; 

20 ‘‘(ii) programs carried out under sub21 title A of title XX of the Social Security 

22 Act (42 U.S.C. 1397 et seq.); 

23 ‘‘(iii) programs carried out under the 

24 Community Services Block Grant Act (42 

25 U.S.C. 9901 et seq.); 


asabaliauskas on DSK5VPTVN1PROD with BILLS
587 

•S 1177 PCS

1 ‘‘(iv) programs serving homeless chil2 dren and services of local educational agen3 cy liaisons for homeless children and 

4 youths designated under section 

5 722(g)(1)(J)(ii) of the McKinney-Vento 

6 Homeless Assistance Act (42 U.S.C. 

7 11432(g)(1)(J)(ii)); 

8 ‘‘(v) State agencies and programs 

9 serving children in foster care and the fos10 ter families of such children; and 

11 ‘‘(vi) child care programs funded 

12 through State veterans affairs offices; 

13 ‘‘(4) a description of how the State proposes to 

14 coordinate such resources and programs identified 

15 under paragraph (3) in order to meet the purposes 

16 of this part; 

17 ‘‘(5) a description of how the State will identify 

18 early childhood education program providers that 

19 demonstrate a high level of quality; 

20 ‘‘(6) a description of how the State will define 

21 eligible children, in accordance with section 

22 5901(b)(2); 

23 ‘‘(7) a description of how the State will expand 

24 access to existing high-quality early learning and 

25 care for eligible children in the State, or if no highVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00587 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
588 

•S 1177 PCS

1 quality early learning and care is accessible for eligi2 ble children, expand access to high-quality early 

3 learning and care for such children; 

4 ‘‘(8) in the case of a State that has elected to 

5 use funds under this section to designate Centers of 

6 Excellence— 

7 ‘‘(A) assurances that the State will des8 ignate an entity, such as an agency, an institu9 tion of higher education, a consortium of local 

10 educational agencies or Head Start centers, or 

11 another entity, to designate early childhood 

12 education programs as Centers of Excellence; 

13 ‘‘(B) assurances that the designee will 

14 meet the definition of a Center of Excellence; 

15 ‘‘(C) descriptions of the process by which 

16 an entity that carries out an early childhood 

17 education program would be designated as a 

18 Center of Excellence, including evidence that 

19 the early childhood education program involved 

20 has demonstrated excellence in program deliv21 ery in a manner designed to improve the school 

22 readiness of children who have participated in 

23 the program; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
589 

•S 1177 PCS

1 ‘‘(D) descriptions of how the State will as2 sist Centers of Excellence in the dissemination 

3 of best practices; 

4 ‘‘(9) an assurance that the State will provide 

5 technical assistance to partners on methods by which 

6 Federal and State early learning and care funding 

7 can be coordinated and lead to cost-saving and effi8 ciencies strategies, and other methods that will en9 hance the quality of the early childhood education 

10 programs in the State; 

11 ‘‘(10) a description of how the State will sus12 tain early learning and care activities coordinated 

13 under this section, including for rural areas in the 

14 State, if applicable, once grant funding is no longer 

15 available under this section; 

16 ‘‘(11) a description of the process that the 

17 State proposes to use to collect and disseminate, to 

18 parents and the general public, consumer informa19 tion that will promote informed early learning and 

20 care choices in the State; 

21 ‘‘(12) a description of how the State will serve 

22 eligible children residing in rural areas, if applicable; 

23 and 

24 ‘‘(13) an assurance that funds made available 

25 under this part shall be used to supplement, and not 


asabaliauskas on DSK5VPTVN1PROD with BILLS
590 

•S 1177 PCS

1 supplant, any other Federal, State, or local funds 

2 that would otherwise be available to carry out the 

3 activities assisted under this part. 

4 ‘‘(d) USE OF FUNDS.— 

5 ‘‘(1) IN GENERAL.—A State that receives a 

6 grant under this part shall use the grant funds to 

7 develop, implement, or improve a coordinated state8 wide or locally implemented system of voluntary 

9 early care and learning, which includes a plan— 

10 ‘‘(A) for coordinating funding available 

11 through existing Federal, State, and local 

12 sources; and 

13 ‘‘(B) which is designed in collaboration 

14 with an eligible partnership. 

15 ‘‘(2) AUTHORIZED ACTIVITIES.—Grant funds 

16 under this section may be used for the following: 

17 ‘‘(A) Aligning existing Federal, State, and 

18 local funding and resources with a statewide or 

19 locally designed system for delivering high-qual20 ity early learning and care for eligible children 

21 in the State, including developing evidence22 based practices to improve staff quality, in23 structional programming, and time in program. 

24 ‘‘(B) Analyzing needs for expanded access 

25 to existing high-quality early childhood eduVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00590 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
591 

•S 1177 PCS

1 cation programs in the State, including child 

2 care, preschool, and Early Head Start, Head 

3 Start, and special education for all children, 

4 particularly low-income children. 

5 ‘‘(C) Developing or expanding eligible part6 nerships to— 

7 ‘‘(i) expand access for eligible children 

8 to existing high-quality providers or pro9 grams or, if no high-quality early learning 

10 and care is accessible for eligible children, 

11 expand access to high-quality early learn12 ing and care for eligible children; 

13 ‘‘(ii) share best practices; and 

14 ‘‘(iii) ensure that parents have max15 imum choices in selecting the providers 

16 that meet their individual needs, consistent 

17 with State and local laws. 

18 ‘‘(D) Developing or expanding Centers of 

19 Excellence for the purposes of— 

20 ‘‘(i) disseminating best practices for 

21 achieving early academic success in the 

22 State, including best practices for— 

23 ‘‘(I) achieving school readiness, 

24 including developing early literacy and 

25 mathematics skills; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
592 

•S 1177 PCS

1 ‘‘(II) the acquisition of the 

2 English language for English learners; 

3 or 

4 ‘‘(III) providing high-quality 

5 comprehensive services to low-income 

6 and at-risk children and their fami7 lies; 

8 ‘‘(ii) coordinating early education, 

9 child care, and other social services avail10 able in the State and local communities for 

11 low-income and at-risk children and fami12 lies; or 

13 ‘‘(iii) providing effective transitions 

14 between preschool programs and elemen15 tary schools, including by facilitating ongo16 ing communication between early education 

17 and elementary school teachers and by im18 proving the ability of teachers to work ef19 fectively with low-income and at-risk chil20 dren and their families. 

21 ‘‘(E) Expanding existing high-quality early 

22 education and care for infants and toddlers, or 

23 if no high-quality early education and care is 

24 accessible for infants and toddlers, expand ac25 cess to high quality education and care. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
593 

•S 1177 PCS

1 ‘‘(F) Carrying out other strategies deter2 mined by the State to improve access to and ex3 pand the overall quality of a coordinated State 

4 or locally designed system of voluntary early 

5 learning and care services in the State. 

6 ‘‘(3) PRIORITY.—The activities implemented by 

7 a State under this subsection shall prioritize paren8 tal choice of providers and evidence-based practices 

9 for improving early learning program quality and ac10 cess to the extent permitted under State and local 

11 law. 

12 ‘‘(e) REPORTING.—A State that receives a grant 

13 under this part shall submit to the Secretary, at such time 

14 and in such manner as the Secretary may reasonably re15 quire, an annual report that includes— 

16 ‘‘(1) the number and percentage of children 

17 who are served in high-quality early childhood edu18 cation programs, as identified by the State, during 

19 each year of the grant duration using funds from— 

20 ‘‘(A) only this part, as applicable; 

21 ‘‘(B) the Child Care and Development 

22 Block Grant Act of 1990 (42 U.S.C. 9858 et 

23 seq.) or section 418 of the Social Security Act 

24 (42 U.S.C. 618); 

25 ‘‘(C) the Head Start Act; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
594 

•S 1177 PCS

1 ‘‘(D) other public and private providers, as 

2 applicable; 

3 ‘‘(2) the quality improvements undertaken at 

4 the State level; 

5 ‘‘(3) the extent to which funds are being blend6 ed with other public and private funding; and 

7 ‘‘(4) any other ways in which funds are used to 

8 meet the purposes of this part. 

9 ‘‘(f) REPORT TO CONGRESS.—The Secretary, in con10 sultation with the Secretary of Health and Human Serv11 ices, shall prepare and submit to the Committee on 

12 Health, Education, Labor, and Pensions of the Senate and 

13 the Committee on Education and the Workforce of the 

14 House of Representatives a biennial report containing the 

15 information described in subsection (e) for all States re16 ceiving funds under this part. 

17 ‘‘(g) LIMITATIONS ON FEDERAL INTERFERENCE.— 

18 Nothing in this part shall be construed to authorize the 

19 Secretary to establish any criterion that specifies, defines, 

20 or prescribes— 

21 ‘‘(1) early learning and development guidelines, 

22 standards, or specific assessments, including the 

23 standards or measures that States use to develop, 

24 implement, or improve such guidelines, standards, or 

25 assessments; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
595 

•S 1177 PCS

1 ‘‘(2) specific measures or indicators of quality 

2 early learning and care, including— 

3 ‘‘(A) the systems that States use to assess 

4 the quality of early childhood education pro5 grams and providers, school readiness, and 

6 achievement; and 

7 ‘‘(B) the term ‘high-quality’ early learning 

8 or care; 

9 ‘‘(3) early learning or preschool curriculum, 

10 program of instruction, or instructional content; 

11 ‘‘(4) teacher and staff qualifications and sala12 ries; 

13 ‘‘(5) class sizes and child-to-instructional staff 

14 ratios; and 

15 ‘‘(6) any aspect or parameter of a teacher, prin16 cipal, other school leader, or staff evaluation system 

17 within a State or local educational agency. 

18 ‘‘SEC. 5903. AUTHORIZATION OF APPROPRIATIONS. 

19 ‘‘There are authorized to be appropriated to carry out 

20 this part such sums as may be necessary for each of fiscal 

21 years 2016 through 2021.’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
596 

•S 1177 PCS

1 TITLE VI—INNOVATION AND 

2 FLEXIBILITY 

3 SEC. 6001. PURPOSES. 

4 Title VI (20 U.S.C. 7301 et seq.) is amended by in5 serting before part A of title VI, the following: 

6 ‘‘SEC. 6001. PURPOSES. 

7 ‘‘The purposes of this title are— 

8 ‘‘(1) to support State and local innovation in 

9 preparing all students to meet challenging State aca10 demic standards under section 1111(b); 

11 ‘‘(2) to provide States and local educational 

12 agencies with maximum flexibility in using Federal 

13 funds provided under this Act; and 

14 ‘‘(3) to support education in rural areas.’’. 

15 SEC. 6002. IMPROVING ACADEMIC ACHIEVEMENT. 

16 Part A of title VI (20 U.S.C. 7301 et seq.) is amend17 ed— 

18 (1) by striking subparts 1 and 4; 

19 (2) by redesignating subpart 2 as subpart 1; 

20 (3) by redesignating sections 6121 through 

21 6123 as sections 6111 through 6113, respectively; 

22 (4) in section 6113, as redesignated by para23 graph (3)— 

24 (A) in subsection (a)— 

25 (i) in paragraph (1)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
597 

•S 1177 PCS

1 (I) in the matter preceding sub2 paragraph (A), by striking ‘‘not more 

3 than 50 percent of the nonadministra4 tive State funds’’ and inserting ‘‘all, 

5 or any lesser amount, of State funds’’; 

6 and 

7 (II) by striking subparagraphs 

8 (A) through (D) and inserting the fol9 lowing: 

10 ‘‘(A) Part A of title II. 

11 ‘‘(B) Part A of title IV. 

12 ‘‘(C) Part G of title V.’’; and 

13 (ii) in paragraph (2), by striking ‘‘and 

14 subject to the 50 percent limitation de15 scribed in paragraph (1)’’; and 

16 (B) in subsection (b)— 

17 (i) in paragraph (1)— 

18 (I) in subparagraph (A), by strik19 ing ‘‘(except’’ and all that follows 

20 through ‘‘subparagraph (C))’’ and in21 serting ‘‘may transfer all, or any less22 er amount, of the funds allocated to 

23 it’’; 

24 (II) by striking subparagraph 

25 (B); 


asabaliauskas on DSK5VPTVN1PROD with BILLS
598 

•S 1177 PCS

1 (III) by redesignating subpara2 graph (C) as subparagraph (B); and 

3 (IV) in subparagraph (B), as re4 designated by subclause (III), by 

5 striking ‘‘and subject to the percent6 age limitation described in subpara7 graph (A) or (B), as applicable’’; and 

8 (ii) in paragraph (2)— 

9 (I) by striking ‘‘subparagraph 

10 (A), (B), or (C)’’ and inserting ‘‘sub11 paragraph (A) or (B)’’; and 

12 (II) by striking subparagraphs 

13 (A) through (D) and inserting the fol14 lowing: 

15 ‘‘(A) Part A of title II. 

16 ‘‘(B) Part A of title IV. 

17 ‘‘(C) Part G of title V.’’; and 

18 (5) by striking subpart 3 and inserting the fol19 lowing: 

20 ‘‘Subpart 2—Weighted Student Funding Flexibility 

21 Pilot Program 

22 ‘‘SEC. 6121. WEIGHTED STUDENT FUNDING FLEXIBILITY 

23 PILOT PROGRAM. 

24 ‘‘(a) PURPOSE.—The purpose of the pilot program 

25 under this section is to provide local educational agencies 


asabaliauskas on DSK5VPTVN1PROD with BILLS
599 

•S 1177 PCS

1 with flexibility to consolidate Federal, State, and local 

2 funding in order to create a single school funding system 

3 based on weighted per pupil allocations for low-income and 

4 otherwise disadvantaged students. 

5 ‘‘(b) AUTHORITY.—The Secretary may, on a competi6 tive basis, enter into local flexibility demonstration agree7 ments— 

8 ‘‘(1) for not more than 2 years with local edu9 cational agencies that are selected under subsection 

10 (c) and submit proposed agreements that meet the 

11 requirements of subsection (d); and 

12 ‘‘(2) under which such agencies may consolidate 

13 and use funds in accordance with subsection (d) in 

14 order to develop and implement a school funding 

15 system based on weighted per pupil allocations for 

16 low-income and otherwise disadvantaged students. 

17 ‘‘(c) SELECTION OF LOCAL EDUCATIONAL AGEN18 CIES.— 

19 ‘‘(1) IN GENERAL.—The Secretary may enter 

20 into local flexibility demonstration agreements with 

21 not more than 25 local educational agencies, reflect22 ing the size and geographic diversity of all such 

23 agencies nationwide to the maximum extent feasible. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
600 

•S 1177 PCS

1 ‘‘(2) SELECTION.—Each local educational agen2 cy shall be selected on a competitive basis from 

3 among those local educational agencies that— 

4 ‘‘(A) submit a proposed local flexibility 

5 demonstration agreement under subsection (d) 

6 to the Secretary; 

7 ‘‘(B) demonstrate to the satisfaction of the 

8 Secretary that the agreement meets the require9 ments of subsection (d); and 

10 ‘‘(C) agree to meet the continued dem11 onstration requirements under subsection (e). 

12 ‘‘(d) REQUIRED TERMS OF LOCAL FLEXIBILITY

13 DEMONSTRATION AGREEMENT.— 

14 ‘‘(1) APPLICATION.—Each local educational 

15 agency that desires to participate in the pilot pro16 gram under this section shall submit, at such time, 

17 in such form, and including such information as the 

18 Secretary may prescribe, an application to enter into 

19 a local flexibility demonstration agreement with the 

20 Secretary in order to develop and implement a 

21 school funding system based on weighted per pupil 

22 allocations that meets the requirements of this sec23 tion, including— 

24 ‘‘(A) a description of the school funding 

25 system based on weighted per pupil allocations, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
601 

•S 1177 PCS

1 including how the system will meet the require2 ments under paragraph (2); 

3 ‘‘(B) a list of funding sources, including el4 igible Federal funds the local educational agen5 cy will include in such system; 

6 ‘‘(C) a description of the amount and per7 centage of total local educational agency fund8 ing, including State, local, and eligible Federal 

9 funds, that will be allocated through such sys10 tem; 

11 ‘‘(D) the per-pupil expenditures (including 

12 actual personnel expenditures, including staff 

13 salary differentials for years of employment, 

14 and actual nonpersonnel expenditures) of State 

15 and local funds for each school served by the 

16 agency for the preceding fiscal year; 

17 ‘‘(E) the per-pupil amount of eligible Fed18 eral funds each school served by the agency, 

19 disaggregated by program, received in the pre20 ceding fiscal year; 

21 ‘‘(F) a description of how the system will 

22 continue to ensure that any eligible Federal 

23 funds allocated through the system will con24 tinue to meet the purposes of each Federal 

25 funding stream, including serving students from 


asabaliauskas on DSK5VPTVN1PROD with BILLS
602 

•S 1177 PCS

1 low-income families, English learners, migratory 

2 children, and children who are neglected, delin3 quent, or at risk, as applicable; 

4 ‘‘(G) a description of how the local edu5 cational agency will develop and employ a 

6 weighted student funding system to support 

7 public elementary schools and secondary schools 

8 in order to improve the academic achievement 

9 of students, including low-income students, the 

10 lowest achieving students, English learners, and 

11 students with disabilities; 

12 ‘‘(H) an assurance that the local edu13 cational agency developed and will implement 

14 the local flexibility demonstration agreement in 

15 consultation with teachers, principals, other 

16 school leaders, administrators of Federal pro17 grams impacted by the agreement, parents, civil 

18 rights leaders, and other relevant stakeholders; 

19 ‘‘(I) an assurance that the local edu20 cational agency will use fiscal control and sound 

21 accountability procedures that ensure proper 

22 disbursement of, and accounting for, eligible 

23 Federal funds consolidated and used under such 

24 system; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
603 

•S 1177 PCS

1 ‘‘(J) an assurance that the local edu2 cational agency will continue to meet the fiscal 

3 provisions in section 1117; and 

4 ‘‘(K) an assurance that the local edu5 cational agency will meet the requirements of 

6 all applicable Federal civil rights laws in car7 rying out the agreement and in consolidating 

8 and using funds under the agreement. 

9 ‘‘(2) REQUIREMENTS OF SYSTEM.—A local edu10 cational agency’s school funding system based on 

11 weighted per pupil allocations shall meet each of the 

12 following requirements: 

13 ‘‘(A) The system shall— 

14 ‘‘(i) allocate a significant portion of 

15 funds, including State, local, and eligible 

16 Federal funds, to the school level through 

17 a formula that determines per-pupil 

18 weighted amounts based on individual stu19 dent characteristics; 

20 ‘‘(ii) use weights or allocation 

21 amounts that allocate substantially more 

22 funding to students from low-income fami23 lies and English learners than to other stu24 dents; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
604 

•S 1177 PCS

1 ‘‘(iii) demonstrate to the Secretary, 

2 that each high-poverty school received at 

3 least as much total per-pupil funding, in4 cluding from Federal, State, and local 

5 sources, for low-income students and at 

6 least as much total per-pupil funding, in7 cluding from Federal, State, and local 

8 sources, for English learners as the school 

9 received in the year prior to carrying out 

10 the pilot program. 

11 ‘‘(B) The system shall be used to allocate 

12 a significant portion, including all school level 

13 personnel expenditures for instructional staff 

14 and nonpersonnel expenditures, but not less 

15 than 65 percent, of all the local educational 

16 agency’s local and State funds to schools. 

17 ‘‘(C) After allocating funds through the 

18 school funding system, the local educational 

19 agency shall charge schools for the per-pupil ex20 penditures of Federal, State, and local funds, 

21 including actual personnel expenditures for in22 structional staff and actual nonpersonnel ex23 penditures. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
605 

•S 1177 PCS

1 ‘‘(D) The system may include weights or 

2 allocation amounts according to other charac3 teristics. 

4 ‘‘(e) CONTINUED DEMONSTRATION.—Each local edu5 cational agency that is selected to participate in the pilot 

6 program under this section shall annually— 

7 ‘‘(1) demonstrate to the Secretary, that no 

8 high-poverty school served by the agency received 

9 less total per-pupil funding, including from Federal, 

10 State, and local sources, for low-income students or 

11 less total per-pupil funding, including from Federal, 

12 State, and local sources, for English learners than 

13 the school received in the previous year; 

14 ‘‘(2) make public and report to the Secretary 

15 the per-pupil expenditures (including actual per16 sonnel expenditures that include staff salary dif17 ferentials for years of employment, and actual non18 personnel expenditures) of State, local, and Federal 

19 funds for each school served by the agency, and 

20 disaggregated by student poverty quartile and by mi21 nority student quartile for the preceding fiscal year; 

22 and 

23 ‘‘(3) make public the total number of students 

24 enrolled in each school served by the agency and the 

25 number of students enrolled in each such school 


asabaliauskas on DSK5VPTVN1PROD with BILLS
606 

•S 1177 PCS

1 disaggregated by each of the categories of students, 

2 as defined in section 1111(b)(3)(A). 

3 ‘‘(f) ELIGIBLE FEDERAL FUNDS.—In this section, 

4 the term ‘eligible Federal funds’ means funds received by 

5 a local educational agency under titles I, II, III, and IV 

6 of this Act. 

7 ‘‘(g) LIMITATIONS ON ADMINISTRATIVE EXPENDI8 TURES.—Each local educational agency that has entered 

9 into a local flexibility demonstration agreement with the 

10 Secretary under this section may use, for administrative 

11 purposes, from eligible Federal funds not more than the 

12 percentage of funds allowed for such purpose under any 

13 of titles I, II, III, or IV. 

14 ‘‘(h) PEER REVIEW.—The Secretary may establish a 

15 peer-review process to assist in the review of a proposed 

16 local flexibility demonstration agreement. 

17 ‘‘(i) NONCOMPLIANCE.—The Secretary may, after 

18 providing notice and an opportunity for a hearing (includ19 ing the opportunity to provide information as provided for 

20 in subsection (j)), terminate a local flexibility demonstra21 tion agreement under this section if there is evidence that 

22 the local educational agency has failed to comply with the 

23 terms of the agreement and the requirements under sub24 sections (d) and (e). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
607 

•S 1177 PCS

1 ‘‘(j) EVIDENCE.—If a local educational agency be2 lieves that the Secretary’s determination under subsection 

3 (i) is in error for statistical or other substantive reasons, 

4 the local educational agency may provide supporting evi5 dence to the Secretary, and the Secretary shall consider 

6 that evidence before making a final termination deter7 mination. 

8 ‘‘(k) PROGRAM EVALUATION.—From the amount re9 served for evaluation activities in section 9601, the Sec10 retary, acting through the Director of the Institute of 

11 Education Sciences, shall, in consultation with the rel12 evant program office at the Department, evaluate the im13 plementation and impact of the local flexibility demonstra14 tion agreements under this section, consistent with section 

15 9601 and specifically on improving the equitable distribu16 tion of State and local funding and increasing student 

17 achievement. 

18 ‘‘(l) RENEWAL OF LOCAL FLEXIBILITY DEMONSTRA19 TION AGREEMENT.—The Secretary may renew for addi20 tional 3-year terms a local flexibility demonstration agree21 ment under this section if— 

22 ‘‘(1) the local educational agency has met the 

23 requirements under subsections (d)(2) and (e) and 

24 agrees to and has a high likelihood of continuing to 

25 meet such requirements; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
608 

•S 1177 PCS

1 ‘‘(2) the Secretary determines that renewing 

2 the local flexibility demonstration agreement is in 

3 the interest of students served under titles I and III, 

4 including students from low-income families, English 

5 learners, migratory children, and children who are 

6 neglected, delinquent, or at risk. 

7 ‘‘(m) DEFINITION OF HIGH-POVERTY SCHOOL.—In 

8 this section, the term ‘high-poverty school’ means a school 

9 that is in the highest 2 quartiles of schools served by a 

10 local educational agency, based on the percentage of en11 rolled students from low-income families.’’. 

12 SEC. 6003. RURAL EDUCATION INITIATIVE. 

13 Part B of title VI (20 U.S.C. 7341 et seq.) is amend14 ed— 

15 (1) in section 6211— 

16 (A) in subsection (a)(1), by striking sub17 paragraphs (A) through (E) and inserting the 

18 following: 

19 ‘‘(A) Part A of title I. 

20 ‘‘(B) Part A of title II. 

21 ‘‘(C) Title III. 

22 ‘‘(D) Part A or B of title IV. 

23 ‘‘(E) Part G of title V.’’; 

24 (B) in subsection (b)(1)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
609 

•S 1177 PCS

1 (i) in subparagraph (A)(ii), by strik2 ing ‘‘7 or 8, as determined by the Sec3 retary; or’’ and inserting ‘‘41, 42, or 43, as 

4 determined by the Secretary;’’; 

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

6 the period at the end and inserting ‘‘; or’’; 

7 and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(C) the local educational agency is a 

11 member of an educational service agency that 

12 does not receive funds under this subpart and 

13 the local educational agency meets the require14 ments of this part.’’; and 

15 (C) in subsection (c), by striking para16 graphs (1) through (3) and inserting the fol17 lowing: 

18 ‘‘(1) Part A of title II. 

19 ‘‘(2) Part A of title IV.’’; 

20 (2) in section 6212— 

21 (A) in subsection (a), by striking para22 graphs (1) through (5) and inserting the fol23 lowing: 

24 ‘‘(1) Part A of title I. 

25 ‘‘(2) Part A of title II. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
610 

•S 1177 PCS

1 ‘‘(3) Title III. 

2 ‘‘(4) Part A or B of title IV. 

3 ‘‘(5) Part G of title V.’’; 

4 (B) in subsection (b)— 

5 (i) by striking paragraph (1) and in6 serting the following: 

7 ‘‘(1) ALLOCATION.— 

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

9 paragraph (3), the Secretary shall award a 

10 grant under subsection (a) to a local edu11 cational agency eligible under section 6211(b) 

12 for a fiscal year in an amount equal to the ini13 tial amount determined under paragraph (2) for 

14 the fiscal year minus the total amount received 

15 by the agency under the provisions of law de16 scribed in section 6211(c) for the preceding fis17 cal year. 

18 ‘‘(B) SPECIAL DETERMINATION.—For a 

19 local educational agency that is eligible under 

20 section 6211 and is a member of an educational 

21 service agency, the Secretary may determine the 

22 award amount by subtracting from the initial 

23 amount determined under paragraph (2), an 

24 amount that is equal to that local educational 

25 agency’s per-pupil share of the total amount reVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00610 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
611 

•S 1177 PCS

1 ceived by the educational service agency under 

2 titles II and IV, as long as a determination 

3 under this subparagraph would not dispropor4 tionately affect any State.’’; 

5 (ii) by striking paragraph (2) and in6 serting the following: 

7 ‘‘(2) DETERMINATION OF INITIAL AMOUNT.— 

8 ‘‘(A) IN GENERAL.—The initial amount re9 ferred to in paragraph (1) is equal to $100 

10 multiplied by the total number of students in 

11 excess of 50 students, in average daily attend12 ance at the schools served by the local edu13 cational agency, plus $20,000, except that the 

14 initial amount may not exceed $60,000. 

15 ‘‘(B) SPECIAL RULE.—For any fiscal year 

16 in which the amount made available to carry 

17 out this part is $252,000,000 or more, subpara18 graph (A) shall be applied— 

19 ‘‘(i) by substituting ‘$25,000’ for 

20 ‘$20,000’; and 

21 ‘‘(ii) by substituting ‘$80,000’ for 

22 ‘$60,000’.’’; and 

23 (iii) by adding at the end the fol24 lowing: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
612 

•S 1177 PCS

1 ‘‘(4) HOLD HARMLESS.—For a local edu2 cational agency that is not eligible under this sub3 part but met the eligibility requirements under sec4 tion 6211(b) as such section was in effect on the day 

5 before the date of enactment of the Every Child 

6 Achieves Act of 2015, the agency shall receive— 

7 ‘‘(A) for fiscal year 2016, 75 percent of 

8 the amount such agency received for fiscal year 

9 2015; 

10 ‘‘(B) for fiscal year 2017, 50 percent of 

11 the amount such agency received for fiscal year 

12 2015; and 

13 ‘‘(C) for fiscal year 2018, 25 percent of 

14 the amount such agency received for fiscal year 

15 2015.’’; and 

16 (C) by striking subsection (d); 

17 (3) by striking section 6213 and inserting the 

18 following: 

19 ‘‘SEC. 6213. ACADEMIC ACHIEVEMENT ASSESSMENTS. 

20 ‘‘Each local educational agency that uses or receives 

21 funds under this subpart for a fiscal year shall administer 

22 an assessment that is consistent with section 

23 1111(b)(2).’’; 

24 (4) in section 6221— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
613 

•S 1177 PCS

1 (A) in subsection (b)(1)(B), by striking ‘‘6, 

2 7, or 8’’ and inserting ‘‘32, 33, 41, 42, or 43’’; 

3 and 

4 (B) in subsection (c)(1), by striking ‘‘Bu5 reau of Indian Affairs’’ and inserting ‘‘Bureau 

6 of Indian Education’’; 

7 (5) in section 6222(a), by striking paragraphs 

8 (1) through (7) and inserting the following: 

9 ‘‘(1) Activities authorized under part A of title 

10 I. 

11 ‘‘(2) Activities authorized under part A of title 

12 II. 

13 ‘‘(3) Activities authorized under title III. 

14 ‘‘(4) Activities authorized under part A of title 

15 IV. 

16 ‘‘(5) Parental involvement activities. 

17 ‘‘(6) Activities authorized under part G of title 

18 V.’’; 

19 (6) in section 6223— 

20 (A) in subsection (a), by striking ‘‘at such 

21 time, in such manner, and accompanied by such 

22 information’’ and inserting ‘‘at such time and 

23 in such manner’’; and 

24 (B) by striking subsection (b) and insert25 ing the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
614 

•S 1177 PCS

1 ‘‘(b) CONTENTS.—Each application submitted under 

2 subsection (a) shall include information on— 

3 ‘‘(1) program objectives and outcomes for ac4 tivities under this subpart, including how the State 

5 educational agency or specially qualified agency will 

6 use funds to help all students meet the challenging 

7 State academic standards under section 1111(b); 

8 ‘‘(2) if the State educational agency or specially 

9 qualified agency will competitively award grants to 

10 eligible local educational agencies, as described in 

11 section 6221(b)(2)(A), the application under the sec12 tion shall include— 

13 ‘‘(A) the methods and criteria the State 

14 educational agency or specially qualified agency 

15 will use for reviewing applications and awarding 

16 funds to local educational agencies on a com17 petitive basis; and 

18 ‘‘(B) how the State educational agency or 

19 specially qualified agency will notify eligible 

20 local educational agencies of the grant competi21 tion; and 

22 ‘‘(3) a description of how the State educational 

23 agency or specially qualified agency will provide 

24 technical assistance to eligible local educational 


asabaliauskas on DSK5VPTVN1PROD with BILLS
615 

•S 1177 PCS

1 agencies to help such agencies implement the activi2 ties described in section 6222.’’; 

3 (7) in section 6224— 

4 (A) in subsection (a)— 

5 (i) in the matter preceding paragraph 

6 (1), by inserting ‘‘or specially qualified 

7 agency’’ after ‘‘Each State educational 

8 agency’’; 

9 (ii) by striking paragraph (1) and in10 serting the following: 

11 ‘‘(1) if the report is submitted by a State edu12 cational agency, the method the State educational 

13 agency used to award grants to eligible local edu14 cational agencies, and to provide assistance to 

15 schools, under this subpart;’’; and 

16 (iii) by striking paragraph (3) and in17 serting the following: 

18 ‘‘(3) the degree to which progress has been 

19 made toward meeting the objectives and outcomes 

20 described in the application submitted under section 

21 6223, including having all students in the State or 

22 the area served by the specially qualified agency, as 

23 applicable, meet the challenging State academic 

24 standards under section 1111(b).’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
616 

•S 1177 PCS

1 (B) by striking subsection (b) and (c) and 

2 inserting the following: 

3 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall 

4 prepare a summary of the reports under subsection (a) 

5 and submit a biennial report to the Committee on Health, 

6 Education, Labor, and Pensions of the Senate and the 

7 Committee on Education and the Workforce of the House 

8 of Representatives.’’; 

9 (C) by redesignating subsection (d) as sub10 section (c); 

11 (D) in subsection (c), as redesignated by 

12 subparagraph (C), by striking ‘‘assessment that 

13 is consistent with section 1111(b)(3)’’ and in14 serting ‘‘assessment that is consistent with sec15 tion 1111(b)(2)’’; and 

16 (E) by striking subsection (e); 

17 (8) by inserting after section 6224 the fol18 lowing: 

19 ‘‘SEC. 6225. CHOICE OF PARTICIPATION. 

20 ‘‘(a) IN GENERAL.—If a local educational agency is 

21 eligible for funding under both subparts 1 and 2 of this 

22 part, such local educational agency may receive funds 

23 under either subpart 1 or subpart 2 for a fiscal year, but 

24 may not receive funds under both subparts for such fiscal 

25 year. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
617 

•S 1177 PCS

1 ‘‘(b) NOTIFICATION.—A local educational agency eli2 gible for funding under both subparts 1 and 2 of this part 

3 shall notify the Secretary and the State educational agen4 cy under which of such subparts the local educational 

5 agency intends to receive funds for a fiscal year by a date 

6 that is established by the Secretary for the notification.’’; 

7 and 

8 (9) in section 6234, by striking ‘‘$300,000,000 

9 for fiscal year 2002 and such sums as may be nec10 essary for each of the 5 succeeding fiscal years,’’ 

11 and inserting ‘‘such sums as may be necessary for 

12 each of the fiscal years 2016 through 2021,’’. 

13 SEC. 6004. GENERAL PROVISIONS. 

14 Part C of title VI (20 U.S.C. 7371) is amended to 

15 read as follows: 

16 ‘‘PART C—GENERAL PROVISIONS 

17 ‘‘SEC. 6301. PROHIBITION AGAINST FEDERAL MANDATES, 

18 DIRECTION, OR CONTROL. 

19 ‘‘Nothing in this title shall be construed to authorize 

20 an officer or employee of the Federal Government to man21 date, direct, or control a State, local educational agency, 

22 or school’s specific instructional content, academic stand23 ards and assessments, curriculum, or program of instruc24 tion, as a condition of eligibility to receive funds under 

25 this Act. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
618 

•S 1177 PCS

1 ‘‘SEC. 6302. RULE OF CONSTRUCTION ON EQUALIZED 

2 SPENDING. 

3 ‘‘Nothing in this title shall be construed to mandate 

4 equalized spending per pupil for a State, local educational 

5 agency, or school.’’. 

6 TITLE VII—INDIAN, NATIVE HA7 WAIIAN, AND ALASKA NATIVE 

8 EDUCATION 

9 SEC. 7001. INDIAN EDUCATION. 

10 Part A of title VII (20 U.S.C. 7401 et seq.) is amend11 ed— 

12 (1) by striking sections 7132, 7133, 7134, and 

13 7136; 

14 (2) by redesignating section 7135 as section 

15 7132; 

16 (3) by striking section 7102 and inserting the 

17 following: 

18 ‘‘SEC. 7102. PURPOSE. 

19 ‘‘It is the purpose of this part to support the efforts 

20 of local educational agencies, Indian tribes and organiza21 tions, postsecondary institutions, and other entities— 

22 ‘‘(1) to ensure the academic achievement of 

23 American Indian and Alaska Native students by 

24 meeting their unique culture, language, and edu25 cational needs, consistent with section 1111; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
619 

•S 1177 PCS

1 ‘‘(2) to ensure that American Indian and Alas2 ka Native students gain knowledge and under3 standing of Native communities, languages, tribal 

4 histories, traditions, and cultures; and 

5 ‘‘(3) to ensure that teachers, principals, other 

6 school leaders, and other staff who serve American 

7 Indian and Alaska Native students have the ability 

8 to provide effective instruction and supports to such 

9 students.’’; 

10 (4) by striking section 7111 and inserting the 

11 following: 

12 ‘‘SEC. 7111. PURPOSE. 

13 ‘‘It is the purpose of this subpart to support local 

14 educational agencies in developing elementary school and 

15 secondary school programs for American Indian and Alas16 ka Native students that are designed to— 

17 ‘‘(1) meet the unique cultural, language, and 

18 educational needs of such students; and 

19 ‘‘(2) ensure that all students meet the chal20 lenging State academic standards adopted under sec21 tion 1111(b).’’; 

22 (5) in section 7112— 

23 (A) by striking subsection (a) and insert24 ing the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
620 

•S 1177 PCS

1 ‘‘(a) IN GENERAL.—The Secretary may make grants, 

2 from allocations made under section 7113, and in accord3 ance with this section and section 7113, to— 

4 ‘‘(1) local educational agencies; 

5 ‘‘(2) Indian tribes; and 

6 ‘‘(3) consortia of 2 or more local educational 

7 agencies, Indian tribes, Indian organizations, or In8 dian community-based organizations, provided that 

9 each local educational agency participating in such a 

10 consortium— 

11 ‘‘(A) provides an assurance that the eligi12 ble Indian children served by such local edu13 cational agency receive the services of the pro14 grams funded under this subpart; and 

15 ‘‘(B) is subject to all the requirements, as16 surances, and obligations applicable to local 

17 educational agencies under this subpart.’’; 

18 (B) in subsection (b)— 

19 (i) in paragraph (1), by striking ‘‘A 

20 local educational agency shall’’ and insert21 ing ‘‘Subject to paragraph (2), a local edu22 cational agency shall’’; 

23 (ii) by redesignating paragraph (2) as 

24 paragraph (3); and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
621 

•S 1177 PCS

1 (iii) by inserting after paragraph (1) 

2 the following: 

3 ‘‘(2) COOPERATIVE AGREEMENTS.—A local edu4 cational agency may enter into a cooperative agree5 ment with an Indian tribe under this subpart if such 

6 Indian tribe— 

7 ‘‘(A) represents not less than 25 percent of 

8 the eligible Indian children who are served by 

9 such local educational agency; and 

10 ‘‘(B) requests that the local educational 

11 agency enters into a cooperative agreement 

12 under this subpart.’’; and 

13 (C) by striking subsection (c) and inserting 

14 the following: 

15 ‘‘(c) INDIAN TRIBES AND INDIAN ORGANIZATIONS.— 

16 ‘‘(1) IN GENERAL.—If a local educational agen17 cy that is otherwise eligible for a grant under this 

18 subpart does not establish a committee under section 

19 7114(c)(4) for such grant, an Indian tribe, an In20 dian organization, or a consortium of such entities, 

21 that represents more than one-half of the eligible In22 dian children who are served by such local edu23 cational agency may apply for such grant. 

24 ‘‘(2) UNAFFILIATED INDIAN TRIBES.—An In25 dian tribe that operates a public school and such 


asabaliauskas on DSK5VPTVN1PROD with BILLS
622 

•S 1177 PCS

1 tribe is not affiliated with either a local educational 

2 agency or the Bureau of Indian Education shall be 

3 eligible to apply for a grant under this subpart. 

4 ‘‘(3) SPECIAL RULE.— 

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

6 treat each Indian tribe, Indian organization, or 

7 consortium of such entities applying for a grant 

8 pursuant to paragraph (1) or (2) as if such 

9 tribe, Indian organization, or consortium were a 

10 local educational agency for purposes of this 

11 subpart. 

12 ‘‘(B) EXCEPTIONS.—Notwithstanding sub13 paragraph (A), such Indian tribe, Indian orga14 nization, or consortium shall not be subject to 

15 the requirements of subsections (b)(7) or (c)(4) 

16 of section 7114 or section 7118(c) or 7119. 

17 ‘‘(4) ASSURANCE TO SERVE ALL INDIAN CHIL18 DREN.—An Indian tribe, Indian organization, or 

19 consortium of such entities that is eligible to apply 

20 for a grant under paragraph (1) shall include, in the 

21 application required under section 7114, an assur22 ance that the entity will use the grant funds to pro23 vide services to all Indian students served by the 

24 local educational agency. 

25 ‘‘(d) INDIAN COMMUNITY-BASED ORGANIZATION.— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
623 

•S 1177 PCS

1 ‘‘(1) IN GENERAL.—If no local educational 

2 agency pursuant to subsection (b), and no Indian 

3 tribe, Indian organization, or consortium pursuant 

4 to subsection (c), applies for a grant under this sub5 part, an Indian community-based organization serv6 ing the community of the local educational agency 

7 may apply for such grant. 

8 ‘‘(2) APPLICABILITY OF SPECIAL RULE.—The 

9 Secretary shall apply the special rule in subsection 

10 (c)(3) to an Indian community-based organization 

11 applying or receiving a grant under paragraph (1) in 

12 the same manner as such rule applies to an Indian 

13 tribe, Indian organization, or consortium. 

14 ‘‘(3) DEFINITION OF INDIAN COMMUNITY15 BASED ORGANIZATION.—In this subsection, the term 

16 ‘Indian community-based organization’ means any 

17 organization that— 

18 ‘‘(A) is composed primarily of Indian par19 ents and community members, tribal govern20 ment education officials, and tribal members 

21 from a specific community; 

22 ‘‘(B) assists in the social, cultural, and 

23 educational development of Indians in such 

24 community; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
624 

•S 1177 PCS

1 ‘‘(C) meets the unique cultural, language, 

2 and academic needs of Indian students; and 

3 ‘‘(D) demonstrates organizational capacity 

4 to manage the grant. 

5 ‘‘(e) CONSORTIA.— 

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

7 Indian tribe, or Indian organization that meets the 

8 eligibility requirements under this section may form 

9 a consortium with other eligible local educational 

10 agencies, Indian tribes, or Indian organizations for 

11 the purpose of obtaining grants and operating pro12 grams under this subpart. 

13 ‘‘(2) REQUIREMENTS.—In any case where 2 or 

14 more local educational agencies, Indian tribes, or In15 dian organizations that are eligible under subsection 

16 (b) form or participate in a consortium to obtain a 

17 grant, or operate a program, under this subpart, 

18 each local educational agency, Indian tribe, and In19 dian organization participating in such a consortium 

20 shall— 

21 ‘‘(A) provide, in the application submitted 

22 under section 7114, an assurance that the eligi23 ble Indian children served by such local edu24 cational agency, Indian tribe, and Indian orgaVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00624 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
625 

•S 1177 PCS

1 nization will receive the services of the pro2 grams funded under this subpart; and 

3 ‘‘(B) agree to be subject to all require4 ments, assurances, and obligations applicable to 

5 a local educational agency, Indian tribe, and In6 dian organization receiving a grant under this 

7 subpart.’’; 

8 (6) in section 7113— 

9 (A) in subsection (b)(1), by striking ‘‘Bu10 reau of Indian Affairs’’ and inserting ‘‘Bureau 

11 of Indian Education’’; and 

12 (B) in subsection (d)— 

13 (i) in the subsection heading, by strik14 ing ‘‘INDIAN AFFAIRS’’ and inserting ‘‘IN15 DIAN EDUCATION’’; and 

16 (ii) in paragraph (1)(A)(i), by striking 

17 ‘‘Bureau of Indian Affairs’’ and inserting 

18 ‘‘Bureau of Indian Education’’; 

19 (7) in section 7114— 

20 (A) in subsection (a), by inserting ‘‘Indian 

21 tribe, or consortia as described in section 

22 7113(b)(2)’’ after ‘‘Each local educational 

23 agency,’’; 

24 (B) in subsection (b)— 

25 (i) in paragraph (2)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
626 

•S 1177 PCS

1 (I) in subparagraph (A), by strik2 ing ‘‘is consistent with the State and 

3 local plans’’ and inserting ‘‘supports 

4 the State, tribal, and local plans’’; and 

5 (II) by striking subparagraph (B) 

6 and inserting the following: 

7 ‘‘(B) includes program objectives and out8 comes for activities under this subpart that are 

9 based on the same challenging State academic 

10 standards developed by the State under title I 

11 for all students;’’; 

12 (ii) by striking paragraph (3) and in13 serting the following: 

14 ‘‘(3) explains how the local educational agency, 

15 tribe, or consortium will use funds made available 

16 under this subpart to supplement other Federal, 

17 State, and local programs that meet the needs of 

18 such students;’’; 

19 (iii) in paragraph (5)(B), by striking 

20 ‘‘and’’ after the semicolon; 

21 (iv) in paragraph (6)— 

22 (I) in subparagraph (B)— 

23 (aa) in clause (i), by striking 

24 ‘‘and’’ after the semicolon; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
627 

•S 1177 PCS

1 (bb) by adding at the end 

2 the following: 

3 ‘‘(iii) the Indian tribes whose children 

4 are served by the local educational agency, 

5 consistent with section 444 of the General 

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

7 1232g) (commonly referred to as the 

8 ‘Family Educational Rights and Privacy 

9 Act of 1974’); and’’; and 

10 (II) in subparagraph (C), by 

11 striking the period at the end and in12 serting ‘‘; and’’; and 

13 (v) by adding at the end the following: 

14 ‘‘(7) describes the process the local educational 

15 agency used to collaborate with Indian tribes located 

16 in the community in the development of the com17 prehensive programs and the actions taken as a re18 sult of such collaboration.’’; 

19 (C) in subsection (c)— 

20 (i) in paragraph (1), by striking ‘‘the 

21 education of Indian children,’’ and insert22 ing ‘‘services and activities consistent with 

23 those described in this subpart,’’; 

24 (ii) in paragraph (2)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
628 

•S 1177 PCS

1 (I) in subparagraph (A), by strik2 ing ‘‘and’’ after the semicolon; 

3 (II) in subparagraph (B), by 

4 striking ‘‘served by such agency;’’ and 

5 inserting ‘‘served by such agency, and 

6 meet program objectives and outcomes 

7 for activities under this subpart; 

8 and’’; and 

9 (III) by adding at the end the 

10 following: 

11 ‘‘(C) determine the extent to which such 

12 activities address the unique cultural, language, 

13 and educational needs of Indian students;’’; 

14 (iii) in paragraph (3)(C)— 

15 (I) by inserting ‘‘representatives 

16 of Indian tribes on Indian lands lo17 cated within 50 miles of any school 

18 that the agency will serve if such tribe 

19 has any children in such school,’’ after 

20 ‘‘parents of Indian children and teach21 ers,’’; and 

22 (II) by striking ‘‘and’’ after the 

23 semicolon; 

24 (iv) in paragraph (4)— 

25 (I) in subparagraph (A)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
629 

•S 1177 PCS

1 (aa) in clause (i), by insert2 ing ‘‘and family members’’ after 

3 ‘‘parents’’; 

4 (bb) by redesignating 

5 clauses (ii) and (iii) as clauses 

6 (iii) and (iv), respectively; and 

7 (cc) by inserting after clause 

8 (i) the following: 

9 ‘‘(ii) representatives of Indian tribes 

10 on Indian lands located within 50 miles of 

11 any school that the agency will serve if 

12 such tribe has any children in such 

13 school;’’; 

14 (II) by striking subparagraph (B) 

15 and inserting the following: 

16 ‘‘(B) a majority of whose members are 

17 parents and family members of Indian children 

18 and representatives of Indian tribes described 

19 in subparagraph (A)(ii), as applicable;’’; 

20 (III) in subparagraph (C), by in21 serting ‘‘and family members’’ after ‘‘, 

22 parents’’; 

23 (IV) in subparagraph (D)(ii), by 

24 striking ‘‘and’’ after the semicolon; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
630 

•S 1177 PCS

1 (V) in subparagraph (E), by 

2 striking the period at the end and in3 serting ‘‘; and’’; and 

4 (VI) by adding at the end the fol5 lowing: 

6 ‘‘(F) that will determine the extent to 

7 which the activities of the local educational 

8 agency will address the unique cultural, lin9 guistic, and educational needs of Indian stu10 dents;’’; and 

11 (v) by adding at the end the following: 

12 ‘‘(5) the local educational agency will coordinate 

13 activities under this title with other Federal pro14 grams supporting educational and related services 

15 administered by such agency; 

16 ‘‘(6) the local educational agency conducted 

17 outreach to parents and family members to meet the 

18 requirements under this paragraph; and 

19 ‘‘(7) the local educational agency will use funds 

20 received under this subpart only for activities de21 scribed and authorized in this subpart.’’; and 

22 (D) by adding at the end the following: 

23 ‘‘(d) OUTREACH.—The Secretary shall monitor the 

24 applications for grants under this subpart to identify eligi25 ble local educational agencies and schools operated by the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
631 

•S 1177 PCS

1 Bureau of Indian Education that have not applied for such 

2 grants, and shall undertake appropriate outreach activities 

3 to encourage and assist eligible entities to submit applica4 tions for such grants. 

5 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall, 

6 directly or by contract, provide technical assistance to a 

7 local educational agency or Bureau of Indian Education 

8 school upon request (in addition to any technical assist9 ance available under other provisions of this Act or avail10 able through the Institute of Education Sciences) to sup11 port the services and activities provided under this sub12 part, including technical assistance for— 

13 ‘‘(1) the development of applications under this 

14 subpart; 

15 ‘‘(2) improvement in the quality of implementa16 tion, content, and evaluation of activities supported 

17 under this subpart; and 

18 ‘‘(3) integration of activities under this subpart 

19 with other educational activities carried out by the 

20 local educational agency.’’; 

21 (8) in section 7115— 

22 (A) in subsection (a)— 

23 (i) in paragraph (1), by inserting 

24 ‘‘solely for the services and activities deVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00631 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
632 

•S 1177 PCS

1 scribed in such application’’ after ‘‘under 

2 section 7114(a)’’; and 

3 (ii) in paragraph (2), by inserting ‘‘to 

4 be responsive to the unique learning styles 

5 of Indian and Alaska Native children’’ 

6 after ‘‘Indian students’’; 

7 (B) by striking subsection (b) and insert8 ing the following: 

9 ‘‘(b) PARTICULAR ACTIVITIES.—The services and ac10 tivities referred to in subsection (a) may include— 

11 ‘‘(1) activities that support Native American 

12 language programs and Native American language 

13 restoration programs, which may be taught by tradi14 tional leaders; 

15 ‘‘(2) culturally related activities that support 

16 the program described in the application submitted 

17 by the local educational agency; 

18 ‘‘(3) high-quality early childhood and family 

19 programs that emphasize school readiness; 

20 ‘‘(4) enrichment programs that focus on prob21 lem solving and cognitive skills development and di22 rectly support the attainment of challenging State 

23 academic standards described in 1111(b); 

24 ‘‘(5) integrated educational services in combina25 tion with other programs that meet the needs of InVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00632 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
633 

•S 1177 PCS

1 dian children and their families, including programs 

2 that promote parental involvement in school activi3 ties and increase student achievement; 

4 ‘‘(6) career preparation activities to enable In5 dian students to participate in programs such as the 

6 programs supported by the Carl D. Perkins Career 

7 and Technical Education Act of 2006, including pro8 grams for tech-prep education, mentoring, and ap9 prenticeship; 

10 ‘‘(7) activities to educate individuals so as to 

11 prevent violence, suicide, and substance abuse; 

12 ‘‘(8) the acquisition of equipment, but only if 

13 the acquisition of the equipment is essential to 

14 achieve the purpose described in section 7111; 

15 ‘‘(9) activities that promote the incorporation of 

16 culturally responsive teaching and learning strategies 

17 into the educational program of the local educational 

18 agency; 

19 ‘‘(10) family literacy services; 

20 ‘‘(11) activities that recognize and support the 

21 unique cultural and educational needs of Indian chil22 dren, and incorporate appropriately qualified tribal 

23 elders and seniors; and 

24 ‘‘(12) dropout prevention strategies and strate25 gies to— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
634 

•S 1177 PCS

1 ‘‘(A) meet the educational needs of at-risk 

2 Indian students in correctional facilities; and 

3 ‘‘(B) support Indian students who are 

4 transitioning from such facilities to schools 

5 served by local educational agencies.’’; 

6 (C) in subsection (c)— 

7 (i) in paragraph (1), by striking 

8 ‘‘and’’ after the semicolon; 

9 (ii) in paragraph (2), by striking the 

10 period and inserting ‘‘; and’’; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(3) the local educational agency identifies in 

14 its application how the use of such funds in a 

15 schoolwide program will provide benefits to Indian 

16 students.’’; and 

17 (D) by adding at the end the following: 

18 ‘‘(e) LIMITATION ON USE OF FUNDS.—Funds pro19 vided to a grantee under this subpart may not be used 

20 for long-distance travel expenses for training activities 

21 available locally or regionally.’’; 

22 (9) in section 7116— 

23 (A) in subsection (g)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
635 

•S 1177 PCS

1 (i) by striking ‘‘No Child Left Behind 

2 Act of 2001’’ and inserting ‘‘Every Child 

3 Achieves Act of 2015’’; 

4 (ii) by inserting ‘‘the Secretary of 

5 Health and Human Services,’’ after ‘‘the 

6 Secretary of the Interior,’’; and 

7 (iii) by inserting ‘‘and coordination’’ 

8 after ‘‘providing for the implementation’’; 

9 and 

10 (B) in subsection (o)— 

11 (i) in paragraph (1), by striking ‘‘Not 

12 later than 2 years after the date of enact13 ment of the No Child Left Behind Act of 

14 2001,’’ and inserting ‘‘Not later than 2 

15 years after date of enactment of the Every 

16 Child Achieves Act of 2015, and every 5 

17 years thereafter,’’; and 

18 (ii) by striking paragraph (2) and in19 serting the following: 

20 ‘‘(2) CONTENTS.—The report required under 

21 paragraph (1) shall identify— 

22 ‘‘(A) any statutory barriers to the ability 

23 of participants to more effectively integrate 

24 their education and related services to Indian 


asabaliauskas on DSK5VPTVN1PROD with BILLS
636 

•S 1177 PCS

1 students in a manner consistent with the objec2 tives of this section; and 

3 ‘‘(B) the effective practices for program in4 tegration that result in increased student 

5 achievement, graduation rates, and other rel6 evant outcomes for Indian students.’’; 

7 (10) in section 7117— 

8 (A) in subsection (b)(1)— 

9 (i) in subparagraph (A)(ii), by insert10 ing ‘‘or membership’’ after ‘‘the enroll11 ment’’; and 

12 (ii) in subparagraph (B), by inserting 

13 ‘‘or membership’’ after ‘‘the enrollment’’; 

14 (B) by striking subsection (e) and insert15 ing the following: 

16 ‘‘(e) DOCUMENTATION.— 

17 ‘‘(1) IN GENERAL.—For purposes of deter18 mining whether a child is eligible to be counted for 

19 the purpose of computing the amount of a grant 

20 award under section 7113, the membership of the 

21 child, or any parent or grandparent of the child, in 

22 a tribe or band of Indians (as so defined) may be 

23 established by proof other than an enrollment num24 ber, notwithstanding the availability of an enroll25 ment number for a member of such tribe or band. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
637 

•S 1177 PCS

1 Nothing in subsection (b) shall be construed to re2 quire the furnishing of an enrollment number. 

3 ‘‘(2) NO NEW OR DUPLICATE DETERMINA4 TIONS.—Once a child is determined to be an Indian 

5 eligible to be counted for such grant award, the local 

6 educational agency shall maintain a record of such 

7 determination and shall not require a new or dupli8 cate determination to be made for such child for a 

9 subsequent application for a grant under this sub10 part. 

11 ‘‘(3) PREVIOUSLY FILED FORMS.—An Indian 

12 student eligibility form that was on file as required 

13 by this section on the day before the date of enact14 ment of the Every Child Achieves Act of 2015 and 

15 that met the requirements of this section, as this 

16 section was in effect on the day before the date of 

17 enactment of such Act, shall remain valid for such 

18 Indian student.’’; 

19 (C) in subsection (g), by striking ‘‘Bureau 

20 of Indian Affairs’’ and inserting ‘‘Bureau of In21 dian Education’’; and 

22 (D) by adding at the end the following: 

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

24 directly or through contract, provide technical assistance 

25 to a local educational agency or Bureau of Indian EduVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00637 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
638 

•S 1177 PCS

1 cation school upon request, in addition to any technical 

2 assistance available under section 1114 or available 

3 through the Institute of Education Sciences, to support 

4 the services and activities described under this section, in5 cluding for the— 

6 ‘‘(1) development of applications under this sec7 tion; 

8 ‘‘(2) improvement in the quality of implementa9 tion, content of activities, and evaluation of activities 

10 supported under this subpart; 

11 ‘‘(3) integration of activities under this title 

12 with other educational activities established by the 

13 local educational agency; and 

14 ‘‘(4) coordination of activities under this title 

15 with programs administered by each Federal agency 

16 providing grants for the provision of educational and 

17 related services and sharing of best practices.’’; 

18 (11) in section 7118, by striking subsection (c) 

19 and inserting the following: 

20 ‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO

21 MAINTAIN FISCAL EFFORT.—Each local educational 

22 agency shall maintain fiscal effort in accordance with sec23 tion 9521 or be subject to reduced payments under this 

24 subpart in accordance with such section 9521.’’; 

25 (12) in section 7121— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
639 

•S 1177 PCS

1 (A) by striking the section header and in2 serting the following: 

3 ‘‘SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNI4 TIES FOR INDIAN CHILDREN AND YOUTH.’’; 

5 (B) in subsection (a)— 

6 (i) in paragraph (1), by inserting 

7 ‘‘and youth’’ after ‘‘Indian children’’; and 

8 (ii) in paragraph (2)(B), by inserting 

9 ‘‘and youth’’ after ‘‘Alaska Native chil10 dren’’; 

11 (C) in subsection (b), by striking ‘‘Indian 

12 institution (including an Indian institution of 

13 higher education)’’ and inserting ‘‘a Tribal Col14 lege or University (as defined in section 316(b) 

15 of the Higher Education Act of 1965)’’; 

16 (D) in subsection (c)— 

17 (i) in paragraph (1)— 

18 (I) in subparagraph (A), by in19 serting ‘‘and youth’’ after ‘‘disadvan20 taged children’’; 

21 (II) in subparagraph (B), by in22 serting ‘‘and youth’’ after ‘‘such chil23 dren’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
640 

•S 1177 PCS

1 (III) in subparagraph (D), by in2 serting ‘‘and youth’’ after ‘‘Indian 

3 children’’; 

4 (IV) in subparagraph (E), by in5 serting ‘‘and youth’’ after ‘‘Indian 

6 children’’ both places the term ap7 pears; 

8 (V) by striking subparagraph (G) 

9 and inserting the following: 

10 ‘‘(G) high-quality early childhood education 

11 programs that are effective in preparing young 

12 children to be making sufficient academic 

13 progress by the end of grade 3, including kin14 dergarten and prekindergarten programs, fam15 ily-based preschool programs that emphasize 

16 school readiness, and the provision of services 

17 to Indian children with disabilities;’’; and 

18 (VI) in subparagraph (L)— 

19 (aa) by striking ‘‘appro20 priately qualified tribal elders 

21 and seniors’’ and inserting ‘‘tra22 ditional leaders’’; and 

23 (bb) by inserting ‘‘and 

24 youth’’ after ‘‘Indian children’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
641 

•S 1177 PCS

1 (ii) in paragraph (2), by striking 

2 ‘‘Professional development’’ and inserting 

3 ‘‘High-quality professional development’’; 

4 (E) in subsection (d)— 

5 (i) in paragraph (1)(C), by striking 

6 ‘‘make a grant payment for a grant de7 scribed in this paragraph to an eligible en8 tity after the initial year of the multiyear 

9 grant only if the Secretary determines’’ 

10 and inserting ‘‘award grants for an initial 

11 period of not more than 3 years and may 

12 renew such grants for not more than an 

13 additional 2 years if the Secretary deter14 mines’’; and 

15 (ii) in paragraph (3)(B)— 

16 (I) in clause (i), by striking ‘‘par17 ents of Indian children’’ and inserting 

18 ‘‘parents and family of Indian chil19 dren’’; and 

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

21 ‘‘information demonstrating that the 

22 proposed program for the activities is 

23 a scientifically based research pro24 gram’’ and inserting ‘‘evidence demVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00641 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
642 

•S 1177 PCS

1 onstrating that the proposed program 

2 is an evidence-based program’’; and 

3 (F) by adding at the end the following: 

4 ‘‘(f) CONTINUATION.—Notwithstanding any other 

5 provision of this section, a grantee that is carrying out 

6 activities pursuant to a grant awarded under this section 

7 prior to the date of enactment of the Every Child Achieves 

8 Act of 2015 may continue to carry out such activities after 

9 such date of enactment under such grant in accordance 

10 with the terms of such grant award.’’; 

11 (13) in section 7122— 

12 (A) in subsection (a)— 

13 (i) in paragraph (1), by striking ‘‘indi14 viduals in teaching or other education pro15 fessions that serve Indian people’’ and in16 serting ‘‘teachers and administrators serv17 ing Indian students’’; and 

18 (ii) in paragraph (2)— 

19 (I) by inserting ‘‘and support’’ 

20 after ‘‘to provide training’’; and 

21 (II) by striking ‘‘ancillary edu22 cational personnel’’ and inserting 

23 ‘‘specialized instructional support per24 sonnel’’; 

25 (B) in subsection (b)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
643 

•S 1177 PCS

1 (i) in paragraph (1), by striking ‘‘in2 cluding an Indian institution of higher 

3 education’’ and inserting ‘‘including a 

4 Tribal College or University, as defined in 

5 section 316(b) of the Higher Education 

6 Act of 1965’’; and 

7 (ii) in paragraph (4), by inserting ‘‘in 

8 a consortium with at least one Tribal Col9 lege or University, as defined in section 

10 316(b) of the Higher Education Act of 

11 1965, where feasible’’ before the period at 

12 the end; 

13 (C) in subsection (d)(2), by adding at the 

14 end the following: 

15 ‘‘(C) CONTINUATION.—Notwithstanding 

16 any other provision of this section, a grantee 

17 that is carrying out activities pursuant to a 

18 grant awarded under this section prior to the 

19 date of enactment of the Every Child Achieves 

20 Act of 2015 may continue to carry out such ac21 tivities under such grant in accordance with the 

22 terms of that award.’’; 

23 (D) by striking subsection (e) and insert24 ing the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
644 

•S 1177 PCS

1 ‘‘(e) APPLICATION.—Each eligible entity desiring a 

2 grant under this section shall submit an application to the 

3 Secretary at such time, in such manner, and accompanied 

4 by such information, as the Secretary may reasonably re5 quire. At a minimum, an application under this section 

6 shall describe how the eligible entity will— 

7 ‘‘(1) recruit qualified Indian individuals, such 

8 as students who may not be of traditional college 

9 age, to become teachers, or principals, or school 

10 leaders; 

11 ‘‘(2) use funds made available under the grant 

12 to support the recruitment, preparation, and profes13 sional development of Indian teachers or principals 

14 in local educational agencies that serve a high pro15 portion of Indian students; and 

16 ‘‘(3) assist participants in meeting the require17 ments under subsection (h).’’; 

18 (E) in subsection (f)— 

19 (i) by redesignating paragraphs (1) 

20 and (2) as paragraphs (2) and (3), respec21 tively; 

22 (ii) by inserting before paragraph (2), 

23 as redesignated by clause (i), the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
645 

•S 1177 PCS

1 ‘‘(1) may give priority in making grants to trib2 ally-chartered and federally-chartered institutions of 

3 higher education;’’; and 

4 (iii) in paragraph (3), as redesignated 

5 by clause (i), by striking ‘‘basis of’’ and all 

6 that follows through the period at the end 

7 and inserting ‘‘basis of the length of any 

8 period for which the eligible entity has re9 ceived a grant.’’; 

10 (F) by striking subsection (g) and insert11 ing the following: 

12 ‘‘(g) GRANT PERIOD.—The Secretary shall award 

13 grants under this section for an initial period of not more 

14 than 3 years, and may renew such grants for an additional 

15 period of not more than 2 years if the Secretary finds that 

16 the grantee is achieving the objectives of the grant.’’; and 

17 (G) in subsection (h)(1)(A)(ii), by striking 

18 ‘‘people’’ and inserting ‘‘students in a local edu19 cational agency that serves a high proportion of 

20 Indian students’’; 

21 (14) by striking section 7132, as redesignated 

22 by section 7001(2), and inserting the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
646 

•S 1177 PCS

1 ‘‘SEC. 7132. GRANTS TO TRIBES FOR EDUCATION ADMINIS2 TRATIVE PLANNING, DEVELOPMENT, AND CO3 ORDINATION. 

4 ‘‘(a) IN GENERAL.—The Secretary may award grants 

5 under this section to eligible applicants to enable the eligi6 ble applicants to— 

7 ‘‘(1) promote tribal self-determination in edu8 cation; 

9 ‘‘(2) improve the academic achievement of In10 dian children and youth; and 

11 ‘‘(3) promote the coordination and collaboration 

12 of tribal educational agencies with State and local 

13 educational agencies to meet the unique educational 

14 and culturally related academic needs of Indian stu15 dents. 

16 ‘‘(b) DEFINITIONS.—In this section: 

17 ‘‘(1) ELIGIBLE APPLICANT.—In this section, 

18 the term ‘eligible applicant’ means— 

19 ‘‘(A) an Indian tribe or tribal organization 

20 approved by an Indian tribe; or 

21 ‘‘(B) a tribal educational agency. 

22 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 

23 means a federally recognized tribe or a State-recog24 nized tribe. 

25 ‘‘(3) TRIBAL EDUCATIONAL AGENCY.—The 

26 term ‘tribal educational agency’ means the agency, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
647 

•S 1177 PCS

1 department, or instrumentality of an Indian tribe 

2 that is primarily responsible for supporting tribal 

3 students’ elementary and secondary education. 

4 ‘‘(c) GRANT PROGRAM.—The Secretary may award 

5 grants to— 

6 ‘‘(1) eligible applicants described under sub7 section (b)(1)(A) to plan and develop a tribal edu8 cational agency, if the tribe or organization has no 

9 current tribal educational agency, for a period of not 

10 more than 1 year; and 

11 ‘‘(2) eligible applicants described under sub12 section (b)(1)(B), for a period of not more than 3 

13 years, in order to— 

14 ‘‘(A) directly administer education pro15 grams, including formula grant programs under 

16 this Act, consistent with State law and under a 

17 written agreement between the parties; 

18 ‘‘(B) build capacity to administer and co19 ordinate such education programs, and to im20 prove the relationship and coordination between 

21 such applicants and the State educational agen22 cies and local educational agencies that educate 

23 students from the tribe; 

24 ‘‘(C) receive training and support from the 

25 State educational agency and local educational 


asabaliauskas on DSK5VPTVN1PROD with BILLS
648 

•S 1177 PCS

1 agency, in areas such as data collection and 

2 analysis, grants management and monitoring, 

3 fiscal accountability, and other areas as needed; 

4 ‘‘(D) train and support the State edu5 cational agency and local educational agency in 

6 areas related to tribal history, language, or cul7 ture; 

8 ‘‘(E) build on existing activities or re9 sources rather than replacing other funds; and 

10 ‘‘(F) carry out other activities, subject to 

11 the approval of the Secretary. 

12 ‘‘(d) GRANT APPLICATION.— 

13 ‘‘(1) IN GENERAL.—Each eligible applicant de14 siring a grant under this section shall submit an ap15 plication to the Secretary at such time, in such man16 ner, containing such information, and consistent 

17 with such criteria, as the Secretary may reasonably 

18 prescribe. 

19 ‘‘(2) CONTENTS.—Each application described in 

20 paragraph (1) shall contain— 

21 ‘‘(A) a statement describing the activities 

22 to be conducted, and the objectives to be 

23 achieved, under the grant; 

24 ‘‘(B) a description of the method to be 

25 used for evaluating the effectiveness of the acVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00648 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
649 

•S 1177 PCS

1 tivities for which assistance is sought and for 

2 determining whether such objectives are 

3 achieved; and 

4 ‘‘(C) for applications for activities under 

5 subsection (c)(2), evidence of— 

6 ‘‘(i) a preliminary agreement with the 

7 appropriate State educational agency, 1 or 

8 more local educational agencies, or both 

9 the State educational agency and a local 

10 educational agency; and 

11 ‘‘(ii) existing capacity as a tribal edu12 cational agency. 

13 ‘‘(3) APPROVAL.—The Secretary may approve 

14 an application submitted by an eligible applicant 

15 under this subsection only if the Secretary is satis16 fied that such application, including any documenta17 tion submitted with the application— 

18 ‘‘(A) demonstrates that the eligible appli19 cant has consulted with other education enti20 ties, if any, within the territorial jurisdiction of 

21 the applicant that will be affected by the activi22 ties to be conducted under the grant; 

23 ‘‘(B) provides for consultation with such 

24 other education entities in the operation and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
650 

•S 1177 PCS

1 evaluation of the activities conducted under the 

2 grant; and 

3 ‘‘(C) demonstrates that there will be ade4 quate resources provided under this section or 

5 from other sources to complete the activities for 

6 which assistance is sought. 

7 ‘‘(e) RESTRICTIONS.— 

8 ‘‘(1) IN GENERAL.—A tribe may not receive 

9 funds under this section if such tribe receives funds 

10 under section 1144 of the Education Amendments of 

11 1978. 

12 ‘‘(2) DIRECT SERVICES.—No funds under this 

13 section may be used to provide direct services. 

14 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds under 

15 this section shall be used to supplement, and not supplant, 

16 other Federal, State, and local programs that meet the 

17 needs of tribal students.’’; 

18 (15) in section 7141(b)(1), by inserting ‘‘and 

19 the Secretary of the Interior’’ after ‘‘advise the Sec20 retary’’; 

21 (16) in section 7151, by adding at the end the 

22 following: 

23 ‘‘(4) TRADITIONAL LEADERS.—The term ‘tradi24 tional leaders’ has the meaning given the term in 


asabaliauskas on DSK5VPTVN1PROD with BILLS
651 

•S 1177 PCS

1 section 103 of the Native American Languages Act 

2 (25 U.S.C. 2902).’’; and 

3 (17) in section 7152— 

4 (A) in subsection (a), by striking 

5 ‘‘$96,400,000 for fiscal year 2002 and such 

6 sums as may be necessary for each of the 5 

7 succeeding fiscal years’’ and inserting ‘‘such 

8 sums as may be necessary for each of fiscal 

9 years 2016 through 2021’’; and 

10 (B) in subsection (b) by striking 

11 ‘‘$24,000,000 for fiscal year 2002 and such 

12 sums as may be necessary for each of the 5 

13 succeeding fiscal years’’ and inserting ‘‘such 

14 sums as may be necessary for each of fiscal 

15 years 2016 through 2021’’. 

16 SEC. 7002. NATIVE HAWAIIAN EDUCATION. 

17 Part B of title VII (20 U.S.C. 7511 et seq.) is amend18 ed— 

19 (1) in section 7202, by striking paragraphs (14) 

20 through (21); 

21 (2) by striking section 7204 and inserting the 

22 following: 

23 ‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL. 

24 ‘‘(a) GRANT AUTHORIZED.—In order to better effec25 tuate the purposes of this part through the coordination 


asabaliauskas on DSK5VPTVN1PROD with BILLS
652 

•S 1177 PCS

1 of educational and related services and programs available 

2 to Native Hawaiians, including those programs that re3 ceive funding under this part, the Secretary shall award 

4 a grant to the education council described under sub5 section (b). 

6 ‘‘(b) EDUCATION COUNCIL.— 

7 ‘‘(1) ELIGIBILITY.—To be eligible to receive the 

8 grant under subsection (a), the council shall be an 

9 education council (referred to in this section as the 

10 ‘Education Council’) that meets the requirements of 

11 this subsection. 

12 ‘‘(2) COMPOSITION.—The Education Council 

13 shall consist of 15 members, of whom— 

14 ‘‘(A) 1 shall be the President of the Uni15 versity of Hawaii (or a designee); 

16 ‘‘(B) 1 shall be the Governor of the State 

17 of Hawaii (or a designee); 

18 ‘‘(C) 1 shall be the Superintendent of the 

19 State of Hawaii Department of Education (or a 

20 designee); 

21 ‘‘(D) 1 shall be the chairperson of the Of22 fice of Hawaiian Affairs (or a designee); 

23 ‘‘(E) 1 shall be the executive director of 

24 Hawaii’s Charter School Network (or a des25 ignee); 


asabaliauskas on DSK5VPTVN1PROD with BILLS
653 

•S 1177 PCS

1 ‘‘(F) 1 shall be the chief executive officer 

2 of the Kamehameha Schools (or a designee); 

3 ‘‘(G) 1 shall be the Chief Executive Officer 

4 of the Queen Liliuokalani Trust (or a designee); 

5 ‘‘(H) 1 shall be a member, selected by the 

6 other members of the Education Council, who 

7 represents a private grant-making entity; 

8 ‘‘(I) 1 shall be the Mayor of the County of 

9 Hawaii (or a designee); 

10 ‘‘(J) 1 shall be the Mayor of Maui County 

11 (or a designee from the Island of Maui); 

12 ‘‘(K) 1 shall be the Mayor of the County 

13 of Kauai (or a designee); 

14 ‘‘(L) 1 shall be appointed by the Mayor of 

15 Maui County from the Island of Molokai or the 

16 Island of Lanai; 

17 ‘‘(M) 1 shall be the Mayor of the City and 

18 County of Honolulu (or a designee); 

19 ‘‘(N) 1 shall be the chairperson of the Ha20 waiian Homes Commission (or a designee); and 

21 ‘‘(O) 1 shall be the chairperson of the Ha22 waii Workforce Development Council (or a des23 ignee representing the private sector). 

24 ‘‘(3) REQUIREMENTS.—Any designee serving on 

25 the Education Council shall demonstrate, as deterVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00653 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
654 

•S 1177 PCS

1 mined by the individual who appointed such designee 

2 with input from the Native Hawaiian community, 

3 not less than 5 years of experience as a consumer 

4 or provider of Native Hawaiian education or cultural 

5 activities, with traditional cultural experience given 

6 due consideration. 

7 ‘‘(4) LIMITATION.—A member (including a des8 ignee), while serving on the Education Council, shall 

9 not be a direct recipient or administrator of grant 

10 funds that are awarded under this part. 

11 ‘‘(5) TERM OF MEMBERS.—A member who is a 

12 designee shall serve for a term of not more than 4 

13 years. 

14 ‘‘(6) CHAIR, VICE CHAIR.— 

15 ‘‘(A) SELECTION.—The Education Council 

16 shall select a Chairperson and a Vice-Chair17 person from among the members of the Edu18 cation Council. 

19 ‘‘(B) TERM LIMITS.—The Chairperson and 

20 Vice-Chairperson shall each serve for a 2-year 

21 term. 

22 ‘‘(7) ADMINISTRATIVE PROVISIONS RELATING

23 TO EDUCATION COUNCIL.—The Education Council 

24 shall meet at the call of the Chairperson of the 

25 Council, or upon request by a majority of the memVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00654 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
655 

•S 1177 PCS

1 bers of the Education Council, but in any event not 

2 less often than every 120 days. 

3 ‘‘(8) NO COMPENSATION.—None of the funds 

4 made available through the grant may be used to 

5 provide compensation to any member of the Edu6 cation Council or member of a working group estab7 lished by the Education Council, for functions de8 scribed in this section. 

9 ‘‘(c) USE OF FUNDS FOR COORDINATION ACTIVI10 TIES.—The Education Council shall use funds made avail11 able through a grant under subsection (a) to carry out 

12 each of the following activities: 

13 ‘‘(1) Providing advice about the coordination of, 

14 and serving as a clearinghouse for, the educational 

15 and related services and programs available to Na16 tive Hawaiians, including the programs assisted 

17 under this part. 

18 ‘‘(2) Assessing the extent to which such services 

19 and programs meet the needs of Native Hawaiians, 

20 and collecting data on the status of Native Hawaiian 

21 education. 

22 ‘‘(3) Providing direction and guidance, through 

23 the issuance of reports and recommendations, to ap24 propriate Federal, State, and local agencies in order 

25 to focus and improve the use of resources, including 


asabaliauskas on DSK5VPTVN1PROD with BILLS
656 

•S 1177 PCS

1 resources made available under this part, relating to 

2 Native Hawaiian education, and serving, where ap3 propriate, in an advisory capacity. 

4 ‘‘(4) Awarding grants, if such grants enable the 

5 Education Council to carry out the activities de6 scribed in paragraphs (1) through (3). 

7 ‘‘(5) Hiring an executive director who shall as8 sist in executing the duties and powers of the Edu9 cation Council, as described in subsection (d). 

10 ‘‘(d) USE OF FUNDS FOR TECHNICAL ASSIST11 ANCE.—The Education Council shall use funds made 

12 available through a grant under subsection (a) to— 

13 ‘‘(1) provide technical assistance to Native Ha14 waiian organizations that are grantees or potential 

15 grantees under this part; 

16 ‘‘(2) obtain from such grantees information and 

17 data regarding grants awarded under this part, in18 cluding information and data about— 

19 ‘‘(A) the effectiveness of such grantees in 

20 meeting the educational priorities established by 

21 the Education Council, as described in para22 graph (6)(D), using metrics related to these 

23 priorities; and 

24 ‘‘(B) the effectiveness of such grantees in 

25 carrying out any of the activities described in 


asabaliauskas on DSK5VPTVN1PROD with BILLS
657 

•S 1177 PCS

1 paragraphs (2) and (3) of section 7205(a) that 

2 are related to the specific goals and purposes of 

3 each grantee’s grant project, using metrics re4 lated to these priorities; 

5 ‘‘(3) assess and define the educational needs of 

6 Native Hawaiians; 

7 ‘‘(4) assess the programs and services available 

8 to address the educational needs of Native Hawai9 ians; 

10 ‘‘(5) assess and evaluate the individual and ag11 gregate impact achieved by grantees under this part 

12 in improving Native Hawaiian educational perform13 ance and meeting the goals of this part, using 

14 metrics related to these goals; and 

15 ‘‘(6) prepare and submit to the Secretary, at 

16 the end of each calendar year, an annual report that 

17 contains— 

18 ‘‘(A) a description of the activities of the 

19 Education Council during the calendar year; 

20 ‘‘(B) a description of significant barriers to 

21 achieving the goals of this part; 

22 ‘‘(C) a summary of each community con23 sultation session described in subsection (e); 

24 and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
658 

•S 1177 PCS

1 ‘‘(D) recommendations to establish prior2 ities for funding under this part, based on an 

3 assessment of— 

4 ‘‘(i) the educational needs of Native 

5 Hawaiians; 

6 ‘‘(ii) programs and services available 

7 to address such needs; 

8 ‘‘(iii) the effectiveness of programs in 

9 improving the educational performance of 

10 Native Hawaiian students to help such stu11 dents meet challenging State academic 

12 standards under section 1111(b)(1); and 

13 ‘‘(iv) priorities for funding in specific 

14 geographic communities. 

15 ‘‘(e) USE OF FUNDS FOR COMMUNITY CONSULTA16 TIONS.—The Education Council shall use funds made 

17 available through the grant under subsection (a) to hold 

18 not less than 1 community consultation each year on each 

19 of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and 

20 Kauai, at which— 

21 ‘‘(1) not less than 3 members of the Education 

22 Council shall be in attendance; 

23 ‘‘(2) the Education Council shall gather com24 munity input regarding— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
659 

•S 1177 PCS

1 ‘‘(A) current grantees under this part, as 

2 of the date of the consultation; 

3 ‘‘(B) priorities and needs of Native Hawai4 ians; and 

5 ‘‘(C) other Native Hawaiian education 

6 issues; and 

7 ‘‘(3) the Education Council shall report to the 

8 community on the outcomes of the activities sup9 ported by grants awarded under this part. 

10 ‘‘(f) FUNDING.—For each fiscal year, the Secretary 

11 shall use the amount described in section 7205(c)(2), to 

12 make a payment under the grant. Funds made available 

13 through the grant shall remain available until expended.’’; 

14 (3) in section 7205— 

15 (A) in subsection (a)(1)— 

16 (i) in subparagraph (C), by striking 

17 ‘‘and’’ after the semicolon; 

18 (ii) by redesignating subparagraph 

19 (D) as subparagraph (E); and 

20 (iii) by inserting after subparagraph 

21 (C) the following: 

22 ‘‘(D) charter schools; and’’; and 

23 (B) in subsection (c)— 

24 (i) in paragraph (1), by striking ‘‘for 

25 fiscal year 2002 and each of the 5 sucVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00659 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
660 

•S 1177 PCS

1 ceeding 5 fiscal years’’ and inserting ‘‘for 

2 each of fiscal years 2016 through 2021’’; 

3 and 

4 (ii) in paragraph (2), by striking ‘‘for 

5 fiscal year 2002 and each of the 5 suc6 ceeding fiscal years’’ and inserting ‘‘for 

7 each of fiscal years 2016 through 2021’’; 

8 and 

9 (4) in section 7207— 

10 (A) by redesignating paragraphs (1) 

11 through (6) as paragraphs (2) through (7), re12 spectively; and 

13 (B) by inserting before paragraph (2), as 

14 redesignated by subparagraph (A), the fol15 lowing: 

16 ‘‘(1) COMMUNITY CONSULTATION.—The term 

17 ‘community consultation’ means a public gath18 ering— 

19 ‘‘(A) to discuss Native Hawaiian education 

20 concerns; and 

21 ‘‘(B) about which the public has been given 

22 not less than 30 days notice.’’. 

23 SEC. 7003. ALASKA NATIVE EDUCATION. 

24 Part C of title VII (20 U.S.C. 7541 et seq.) is amend25 ed— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
661 

•S 1177 PCS

1 (1) in section 7302 by striking paragraphs (1) 

2 through (7) and inserting the following: 

3 ‘‘(1) It is the policy of the Federal Government 

4 to maximize the leadership of and participation by 

5 Alaska Native peoples in the planning and the man6 agement of Alaska Native education programs and 

7 to support efforts developed by and undertaken with8 in the Alaska Native community to improve edu9 cational opportunity for all students. 

10 ‘‘(2) Many Alaska Native children enter and 

11 exit school with serious educational disadvantages. 

12 ‘‘(3) Overcoming the magnitude of the geo13 graphic challenges, historical inequities, and other 

14 barriers to successfully improving educational out15 comes for Alaska Native students in rural, village, 

16 and urban settings is challenging. Significant dis17 parities between academic achievement of Alaska 

18 Native students and non-Native students continues, 

19 including lower graduation rates, increased school 

20 dropout rates, and lower achievement scores on 

21 standardized tests. 

22 ‘‘(4) The preservation of Alaska Native cultures 

23 and languages and the integration of Alaska Native 

24 cultures and languages into education, positive iden25 tity development for Alaska Native students, and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
662 

•S 1177 PCS

1 local, place-based, and culture-based programming 

2 are critical to the attainment of educational success 

3 and the long-term well-being of Alaska Native stu4 dents. 

5 ‘‘(5) Improving educational outcomes for Alaska 

6 Native students increases access to employment op7 portunities. 

8 ‘‘(6) The programs and activities authorized 

9 under this subpart give priority to Alaska Native or10 ganizations as a means of increasing Alaska Native 

11 parents’ and community involvement in the pro12 motion of academic success of Alaska Native stu13 dents. 

14 ‘‘(7) The Federal Government should lend sup15 port to efforts developed by and undertaken within 

16 the Alaska Native community to improve educational 

17 opportunity for Alaska Native students. In 1983, 

18 pursuant to Public Law 98–63, Alaska ceased to re19 ceive educational funding from the Bureau of Indian 

20 Affairs. The Bureau of Indian Education does not 

21 operate any schools in Alaska, nor operate or fund 

22 Alaska Native education programs. The program 

23 under this subpart supports the Federal trust re24 sponsibility of the United States to Alaska Na25 tives.’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
663 

•S 1177 PCS

1 (2) in section 7303— 

2 (A) in paragraph (1), by inserting ‘‘and 

3 address’’ after ‘‘To recognize’’; 

4 (B) by striking paragraph (3); 

5 (C) by redesignating paragraph (2) as 

6 paragraph (4) and paragraph (4) as paragraph 

7 (5); 

8 (D) by inserting after paragraph (1) the 

9 following: 

10 ‘‘(2) To recognize the role of Alaska Native lan11 guages and cultures in the educational success and 

12 long term well-being of Alaska Native students. 

13 ‘‘(3) To integrate Alaska Native cultures and 

14 languages into education, develop Alaska Native stu15 dents’ positive identity, and support local place16 based and culture-based curriculum and program17 ming.’’; 

18 (E) in paragraph (4), as redesignated by 

19 subparagraph (C), by striking ‘‘of supplemental 

20 educational programs to benefit Alaska Na21 tives.’’ and inserting ‘‘of supplemental edu22 cational programs to benefit Alaska Native peo23 ples.’’; and 

24 (F) by adding at the end the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
664 

•S 1177 PCS

1 ‘‘(6) To ensure the maximum participation by 

2 Alaska Native educators and leaders in the planning, 

3 development, implementation, management, and 

4 evaluation of programs designed to serve Alaska Na5 tive students, and to ensure Alaska Native tribes 

6 and tribal organizations play a meaningful role in 

7 providing supplemental educational services to Alas8 ka Native students.’’; 

9 (3) by striking section 7304 and inserting the 

10 following: 

11 ‘‘SEC. 7304. PROGRAM AUTHORIZED. 

12 ‘‘(a) GENERAL AUTHORITY.— 

13 ‘‘(1) GRANTS AND CONTRACTS.—The Secretary 

14 is authorized to make grants to, or enter into con15 tracts with, Indian tribes or tribal organizations that 

16 are in partnership with a State educational agency 

17 or a local educational agency to carry out programs 

18 that meet the purposes of this subpart, or with In19 dian tribes or tribal organizations that operate pro20 grams that fulfill the purposes under this subpart. 

21 ‘‘(2) MANDATORY ACTIVITIES.—Activities pro22 vided through the programs carried out under this 

23 part shall include the following: 

24 ‘‘(A) The development and implementation 

25 of plans, methods, strategies and activities to 


asabaliauskas on DSK5VPTVN1PROD with BILLS
665 

•S 1177 PCS

1 improve the educational outcomes of Alaska 

2 Native peoples. 

3 ‘‘(B) The collection of data to assist in the 

4 evaluation of the programs carried out under 

5 this subpart. 

6 ‘‘(3) PERMISSIBLE ACTIVITIES.—Activities pro7 vided through programs carried out under this sub8 part may include the following: 

9 ‘‘(A) The development of curricula and 

10 programs that address the educational needs of 

11 Alaska Native students, including the following: 

12 ‘‘(i) Curriculum materials that reflect 

13 the cultural diversity, languages, history, 

14 or the contributions of Alaska Native peo15 ple. 

16 ‘‘(ii) Instructional programs that 

17 make use of Alaska Native languages and 

18 cultures. 

19 ‘‘(iii) Networks that develop, test, and 

20 disseminate best practices and introduce 

21 successful programs, materials, and tech22 niques to meet the educational needs of 

23 Alaska Native students in urban and rural 

24 schools. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
666 

•S 1177 PCS

1 ‘‘(iv) Methods to evaluate teachers’ in2 clusion of diverse Alaska Native cultures in 

3 their lesson plans. 

4 ‘‘(B) Training and professional develop5 ment activities for educators, including the fol6 lowing: 

7 ‘‘(i) Pre-service and in-service training 

8 and professional development programs to 

9 prepare teachers to develop appreciation 

10 for and understanding of Alaska Native 

11 history, cultures, values, and ways of 

12 knowing and learning in order to effec13 tively address the cultural diversity and 

14 unique needs of Alaska Native students 

15 and incorporate them into lesson plans and 

16 teaching methods. 

17 ‘‘(ii) Recruitment and preparation of 

18 teachers who are Alaska Native. 

19 ‘‘(iii) Programs that will lead to the 

20 certification and licensing of Alaska Native 

21 teachers, principals, other school leaders, 

22 and superintendents. 

23 ‘‘(C) Early childhood and parenting edu24 cation activities designed to improve the school 

25 readiness of Alaska Native children, including— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
667 

•S 1177 PCS

1 ‘‘(i) the development and operation of 

2 home visiting programs for Alaska Native 

3 preschool children, to ensure the active in4 volvement of parents in their children’s 

5 education from the earliest ages; 

6 ‘‘(ii) training, education, and support, 

7 including in-home visitation, for parents 

8 and caregivers of Alaska Native children to 

9 improve parenting and caregiving skills 

10 (including skills relating to discipline and 

11 cognitive development, reading readiness, 

12 observation, storytelling, and critical think13 ing); 

14 ‘‘(iii) family literacy services; 

15 ‘‘(iv) activities carried out under the 

16 Head Start Act; 

17 ‘‘(v) programs for parents and their 

18 infants, from the prenatal period of the in19 fant through age 3; 

20 ‘‘(vi) early childhood education pro21 grams; and 

22 ‘‘(vii) Native language immersion 

23 within early childhood, Head Start, or pre24 school programs. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
668 

•S 1177 PCS

1 ‘‘(D) The development and operation of 

2 student enrichment programs, including those 

3 in science, technology, engineering, and mathe4 matics that— 

5 ‘‘(i) are designed to prepare Alaska 

6 Native students to excel in such subjects; 

7 ‘‘(ii) provide appropriate support serv8 ices to enable such students to benefit 

9 from the programs; and 

10 ‘‘(iii) include activities that recognize 

11 and support the unique cultural and edu12 cational needs of Alaska Native children 

13 and incorporate appropriately qualified 

14 Alaska Native elders and other tradition 

15 bearers. 

16 ‘‘(E) Research and data collection activi17 ties to determine the educational status and 

18 needs of Alaska Native children and adults and 

19 other such research and evaluation activities re20 lated to programs funded under this subpart. 

21 ‘‘(F) Activities designed to increase Alaska 

22 Native students’ graduation rates and assist 

23 Alaska Native students to be prepared for post24 secondary education or the workforce without 


asabaliauskas on DSK5VPTVN1PROD with BILLS
669 

•S 1177 PCS

1 the need for postsecondary remediation, such 

2 as— 

3 ‘‘(i) remedial and enrichment pro4 grams; 

5 ‘‘(ii) culturally based education pro6 grams such as— 

7 ‘‘(I) programs of study and other 

8 instruction in Alaska Native history 

9 and ways of living to share the rich 

10 and diverse cultures of Alaska Native 

11 peoples among Alaska Native youth 

12 and elders, non-Native students and 

13 teachers, and the larger community; 

14 ‘‘(II) instructing Alaska Native 

15 youth in leadership, communication, 

16 Native culture, arts, and languages; 

17 ‘‘(III) inter-generational learning 

18 and internship opportunities to Alaska 

19 Native youth and young adults; 

20 ‘‘(IV) cultural immersion activi21 ties; 

22 ‘‘(V) culturally informed cur23 riculum intended to preserve and pro24 mote Alaska Native culture; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
670 

•S 1177 PCS

1 ‘‘(VI) Native language instruc2 tion and immersion activities; 

3 ‘‘(VII) school-within-a-school 

4 model programs; and 

5 ‘‘(VIII) college preparation and 

6 career planning; and 

7 ‘‘(iii) holistic school or community8 based support services to enable such stu9 dents to benefit from the supplemental 

10 programs offered, including those that ad11 dress family instability, school climate, 

12 trauma, safety, and nonacademic learning. 

13 ‘‘(G) The establishment or operation of 

14 Native language immersion nests or schools. 

15 ‘‘(H) Student and teacher exchange pro16 grams, cross-cultural immersion programs, and 

17 culture camps designed to build mutual respect 

18 and understanding among participants. 

19 ‘‘(I) Education programs for at-risk urban 

20 Alaska Native students that are designed to im21 prove academic proficiency and graduation 

22 rates, utilize strategies otherwise permissible 

23 under this subpart, and incorporate a strong 

24 data collection and continuous evaluation com25 ponent. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
671 

•S 1177 PCS

1 ‘‘(J) Strategies designed to increase par2 ents’ involvement in their children’s education. 

3 ‘‘(K) Programs and strategies that provide 

4 technical assistance and support to schools and 

5 communities to engage adults in promoting the 

6 academic progress and overall well-being of 

7 Alaska Native people such as through— 

8 ‘‘(i) strength-based approaches to 

9 child and youth development; 

10 ‘‘(ii) positive youth-adult relation11 ships; and 

12 ‘‘(iii) improved conditions for learning 

13 (school climate, student connection to 

14 school and community), and increased con15 nections between schools and families. 

16 ‘‘(L) Career preparation activities to en17 able Alaska Native children and adults to pre18 pare for meaningful employment, including pro19 grams providing tech-prep, mentoring, training, 

20 and apprenticeship activities. 

21 ‘‘(M) Provision of operational support and 

22 purchasing of equipment, to develop regional 

23 vocational schools in rural areas of Alaska, in24 cluding boarding schools, for Alaska Native stu25 dents in grades 9 through 12, or at higher levVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00671 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
672 

•S 1177 PCS

1 els of education, to provide the students with 

2 necessary resources to prepare for skilled em3 ployment opportunities. 

4 ‘‘(N) Regional leadership academies that 

5 demonstrate effectiveness in building respect 

6 and understanding, and fostering a sense of 

7 Alaska Native identity to promote their pursuit 

8 of and success in completing higher education 

9 or career training. 

10 ‘‘(O) Other activities, consistent with the 

11 purposes of this subpart, to meet the edu12 cational needs of Alaska Native children and 

13 adults. 

14 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this section 

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

17 2016 through 2021.’’; 

18 (4) by striking section 7305 and inserting the 

19 following: 

20 ‘‘SEC. 7305. FUNDS FOR ADMINISTRATIVE PURPOSES. 

21 ‘‘Not more than 5 percent of funds provided to an 

22 award recipient under this part for any fiscal year may 

23 be used for administrative purposes.’’; and 

24 (5) in section 7306— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
673 

•S 1177 PCS

1 (A) in paragraph (1), by inserting ‘‘(43 

2 U.S.C. 1602(b)) and includes the descendants 

3 of individuals so defined’’ after ‘‘Settlement 

4 Act’’; and 

5 (B) by inserting after paragraph (2), the 

6 following: 

7 ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 

8 has the meaning given the term in section 4 of the 

9 Indian Self-Determination and Education Assistance 

10 Act. 

11 ‘‘(4) TRIBAL ORGANIZATION.—The term ‘tribal 

12 organization’ has the meaning given the term in sec13 tion 4 of the Indian Self-Determination and Edu14 cation Assistance Act.’’. 

15 SEC. 7004. NATIVE AMERICAN LANGUAGE IMMERSION 

16 SCHOOLS AND PROGRAMS. 

17 Title VII (20 U.S.C. 7401) is further amended by 

18 adding at the end the following: 

19 ‘‘PART D—NATIVE AMERICAN AND ALASKA NA20 TIVE LANGUAGE IMMERSION SCHOOLS AND 

21 PROGRAMS 

22 ‘‘SEC. 7401. NATIVE AMERICAN AND ALASKA NATIVE LAN23 GUAGE IMMERSION SCHOOLS. 

24 ‘‘(a) PURPOSES.—The purposes of this section are— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
674 

•S 1177 PCS

1 ‘‘(1) to establish a grant program to support 

2 schools that use Native American and Alaska Native 

3 languages as the primary language of instruction; 

4 ‘‘(2) to maintain, protect, and promote the 

5 rights and freedom of Native Americans and Alaska 

6 Natives to use, practice, maintain, and revitalize 

7 their languages, as envisioned in the Native Amer8 ican Languages Act (25 U.S.C. 2901 et seq.); and 

9 ‘‘(3) to support the Nation’s First Peoples’ ef10 forts to maintain and revitalize their languages and 

11 cultures, and to improve student outcomes within 

12 Native American and Alaska Native communities. 

13 ‘‘(b) DEFINITION.—In this part, the term ‘Native 

14 American’ has the meaning given the term in section 103 

15 of the Native American Languages Act (25 U.S.C. 2902). 

16 ‘‘(c) PROGRAM AUTHORIZED.— 

17 ‘‘(1) IN GENERAL.—From the amounts made 

18 available to carry out this part, the Secretary may 

19 award grants to eligible entities to develop and 

20 maintain, or to improve and expand, programs that 

21 support schools, including prekindergarten through 

22 postsecondary education sites and streams, using 

23 Native American and Alaska Native languages as 

24 the primary language of instruction. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
675 

•S 1177 PCS

1 ‘‘(2) ELIGIBLE ENTITIES.—In this section, the 

2 term ‘eligible entity’ means any of the following enti3 ties that has a plan to develop and maintain, or to 

4 improve and expand, programs that support the en5 tity’s use of Native American or Alaska Native lan6 guages as the primary language of instruction: 

7 ‘‘(A) An Indian tribe. 

8 ‘‘(B) A Tribal College or University (as de9 fined in section 316 of the Higher Education 

10 Act of 1965). 

11 ‘‘(C) A tribal education agency. 

12 ‘‘(D) A public elementary school or sec13 ondary school (including a public charter 

14 school). 

15 ‘‘(E) A school operated by the Bureau of 

16 Indian Education. 

17 ‘‘(F) An Alaska Native Regional Corpora18 tion (as defined in section 3 of the Alaska Na19 tive Claims Settlement Act (43 U.S.C. 1602)). 

20 ‘‘(G) A private, tribal, or Alaska Native 

21 nonprofit organization. 

22 ‘‘(d) APPLICATION.— 

23 ‘‘(1) IN GENERAL.—An eligible entity that de24 sires to receive a grant under this section shall sub25 mit an application to the Secretary at such time, in 


asabaliauskas on DSK5VPTVN1PROD with BILLS
676 

•S 1177 PCS

1 such manner, and containing such information as 

2 the Secretary may require, including the following: 

3 ‘‘(A) The name of the Native American or 

4 Alaska Native language to be used for instruc5 tion at the school supported by the eligible enti6 ty. 

7 ‘‘(B) The number of students attending 

8 such school. 

9 ‘‘(C) The number of present hours of in10 struction in or through 1 or more Native Amer11 ican or Alaska Native languages being provided 

12 to targeted students at such school, if any. 

13 ‘‘(D) A description of how the applicant 

14 will— 

15 ‘‘(i) use the funds provided to meet 

16 the purposes of this part; 

17 ‘‘(ii) implement the activities de18 scribed in subsection (f); 

19 ‘‘(iii) ensure the implementation of 

20 rigorous academic content; and 

21 ‘‘(iv) ensure that students progress to22 wards high-level fluency goals. 

23 ‘‘(E) Information regarding the school’s 

24 organizational governance or affiliations, includ25 ing information about— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
677 

•S 1177 PCS

1 ‘‘(i) the school governing entity (such 

2 as a local educational agency, tribal edu3 cation agency or department, charter orga4 nization, private organization, or other 

5 governing entity); 

6 ‘‘(ii) the school’s accreditation status; 

7 ‘‘(iii) any partnerships with institu8 tions of higher education; and 

9 ‘‘(iv) any indigenous language school10 ing and research cooperatives. 

11 ‘‘(F) An assurance that— 

12 ‘‘(i) the school is engaged in meeting 

13 State or tribally designated proficiency lev14 els for students, as may be required by ap15 plicable Federal, State, or tribal law; 

16 ‘‘(ii) the school provides assessments 

17 of students using the Native American or 

18 Alaska Native language of instruction, 

19 where possible; 

20 ‘‘(iii) the qualifications of all instruc21 tional and leadership personnel at such 

22 school is sufficient to deliver high quality 

23 education through the Native American or 

24 Alaska Native language used in the school; 

25 and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
678 

•S 1177 PCS

1 ‘‘(iv) the school will collect and report 

2 to the public data relative to student 

3 achievement and, if appropriate, rates of 

4 high school graduation, career readiness, 

5 and enrollment in postsecondary education 

6 or job training programs, of students who 

7 are enrolled in the school’s programs. 

8 ‘‘(2) LIMITATION.—The Secretary shall not give 

9 a priority in awarding grants under this part based 

10 on the information described in paragraph (1)(E). 

11 ‘‘(3) SUBMISSION OF CERTIFICATION.— 

12 ‘‘(A) IN GENERAL.—An eligible entity that 

13 is a public elementary school or secondary 

14 school (including a public charter school) or a 

15 non-tribal for-profit or nonprofit organization 

16 shall submit, along with the application require17 ments described in paragraph (1), a certifi18 cation described in subparagraph (B) indicating 

19 that the school has the capacity to provide edu20 cation primarily through a Native American or 

21 Alaska Native language and that there are suf22 ficient speakers of the target language at the 

23 school or available to be hired by the school. 

24 ‘‘(B) CERTIFICATION.—The certification 

25 described in subparagraph (A) shall be from 


asabaliauskas on DSK5VPTVN1PROD with BILLS
679 

•S 1177 PCS

1 one of the following entities, on whose land the 

2 school is located, that is an entity served by 

3 such school, or that is an entity whose members 

4 (as defined by that entity) are served by the 

5 school: 

6 ‘‘(i) A Tribal College or University. 

7 ‘‘(ii) A federally recognized Indian 

8 tribe or tribal organization. 

9 ‘‘(iii) An Alaska Native Regional Cor10 poration or an Alaska Native nonprofit or11 ganization. 

12 ‘‘(iv) A Native Hawaiian organization. 

13 ‘‘(e) AWARDING OF GRANTS.—In awarding grants 

14 under this section, the Secretary shall— 

15 ‘‘(1) determine the amount of each grant and 

16 the duration of each grant, which shall not exceed 

17 3 years; and 

18 ‘‘(2) ensure, to the maximum extent feasible, 

19 that diversity in languages is represented. 

20 ‘‘(f) ACTIVITIES AUTHORIZED.— 

21 ‘‘(1) REQUIRED ACTIVITIES.—An eligible entity 

22 that receives a grant under this section shall use 

23 such funds to carry out the following activities: 

24 ‘‘(A) Supporting Native American or Alas25 ka Native language education and development. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
680 

•S 1177 PCS

1 ‘‘(B) Providing professional development 

2 for teachers and, as appropriate, staff and ad3 ministrators to strengthen the overall language 

4 and academic goals of the school that will be 

5 served by the grant program. 

6 ‘‘(C) Carrying out other activities that pro7 mote the maintenance and revitalization of the 

8 Native American or Alaska Native language rel9 evant to the grant program. 

10 ‘‘(2) ALLOWABLE ACTIVITIES.—An eligible enti11 ty that receives a grant under this section may use 

12 such funds to carry out the following activities: 

13 ‘‘(A) Developing or refining curriculum, in14 cluding teaching materials and activities, as ap15 propriate. 

16 ‘‘(B) Creating or refining assessments 

17 written in the Native American or Alaska Na18 tive language of instruction that measure stu19 dent proficiency and that are aligned with State 

20 or tribal academic standards. 

21 ‘‘(g) REPORT TO SECRETARY.—Each eligible entity 

22 that receives a grant under this part shall provide an an23 nual report to the Secretary in such form and manner as 

24 the Secretary may require. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
681 

•S 1177 PCS

1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 such sums as may be necessary for fiscal years 2016 

4 through 2021.’’. 

5 TITLE VIII—IMPACT AID 

6 SEC. 8001. PURPOSE. 

7 Section 8001 (20 U.S.C. 7701) is amended in the 

8 matter preceding paragraph (1), by striking ‘‘challenging 

9 State standards’’ and inserting ‘‘the same challenging 

10 State academic standards’’. 

11 SEC. 8002. AMENDMENT TO IMPACT AID IMPROVEMENT 

12 ACT OF 2012. 

13 Section 563(c) of the National Defense Authorization 

14 Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 

15 1748; 20 U.S.C. 6301 note) is amended— 

16 (1) by striking paragraphs (1) and (4); and 

17 (2) by redesignating paragraphs (2) and (3) as 

18 paragraphs (1) and (2), respectively. 

19 SEC. 8003. PAYMENTS RELATING TO FEDERAL ACQUISI20 TION OF REAL PROPERTY. 

21 Section 8002 (20 U.S.C. 7702) is amended— 

22 (1) in subsection (b)(3), by striking subpara23 graph (B) and inserting the following: 

24 ‘‘(B) SPECIAL RULE.—In the case of Fed25 eral property eligible under this section that is 


asabaliauskas on DSK5VPTVN1PROD with BILLS
682 

•S 1177 PCS

1 within the boundaries of 2 or more local edu2 cational agencies that are eligible under this 

3 section, any of such agencies may ask the Sec4 retary to calculate (and the Secretary shall cal5 culate) the taxable value of the eligible Federal 

6 property that is within its boundaries by— 

7 ‘‘(i) first calculating the per-acre 

8 value of the eligible Federal property sepa9 rately for each eligible local educational 

10 agency that shared the Federal property, 

11 as provided in subparagraph (A)(ii); 

12 ‘‘(ii) then averaging the resulting per13 acre values of the eligible Federal property 

14 from each eligible local educational agency 

15 that shares the Federal property; and 

16 ‘‘(iii) then applying the average per17 acre value to determine the total taxable 

18 value of the eligible Federal property under 

19 subparagraph (A)(iii) for the requesting 

20 local educational agency.’’; 

21 (2) in subsection (e)(2), by adding at the end 

22 the following: ‘‘For each fiscal year beginning with 

23 fiscal year 2015, the Secretary shall treat local edu24 cational agencies chartered in 1871 having more 

25 than 70 percent of the county in Federal ownership 


asabaliauskas on DSK5VPTVN1PROD with BILLS
683 

•S 1177 PCS

1 as meeting the eligibility requirements of subpara2 graphs (A) and (C) of subsection (a)(1). For each 

3 fiscal year beginning with fiscal year 2015, the Sec4 retary shall treat local educational agencies that 

5 serve a county chartered or formed in 1734 having 

6 more than 24 percent of the county in Federal own7 ership as meeting the eligibility requirements of sub8 paragraphs (A) and (C) of subsection (a)(1).’’; 

9 (3) by striking subsection (f) and inserting the 

10 following: 

11 ‘‘(f) SPECIAL RULE.—Beginning with fiscal year 

12 2015, a local educational agency shall be deemed to meet 

13 the requirements of subsection (a)(1)(C) if the agency was 

14 eligible under paragraph (1) or (3) of this subsection, as 

15 such subsection was in effect on the day before the date 

16 of enactment of the Every Child Achieves Act of 2015.’’; 

17 (4) in subsection (h)(4), by striking ‘‘For each 

18 local educational agency that received a payment 

19 under this section for fiscal year 2010 through the 

20 fiscal year in which the Impact Aid Improvement 

21 Act of 2012 is enacted’’ and inserting ‘‘For each 

22 local educational agency that received a payment 

23 under this section for fiscal year 2010 or any suc24 ceeding fiscal year’’; 

25 (5) by striking subsection (k); and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
684 

•S 1177 PCS

1 (6) by redesignating subsections (l), (m), and 

2 (n), as subsections (j), (k), and (l), respectively. 

3 SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY CON4 NECTED CHILDREN. 

5 Section 8003 (20 U.S.C. 7703) is amended— 

6 (1) in subsection (a)(5)(A), by striking ‘‘to be 

7 children’’ and all that follows through the period at 

8 the end and inserting ‘‘or under lease of off-base 

9 property under subchapter IV of chapter 169 of title 

10 10, United States Code, to be children described 

11 under paragraph (1)(B) if the property described is 

12 within the fenced security perimeter of the military 

13 facility or attached to and under any type of force 

14 protection agreement with the military installation 

15 upon which such housing is situated.’’; 

16 (2) in subsection (b)— 

17 (A) in paragraph (1)— 

18 (i) by striking subparagraph (E); and 

19 (ii) by redesignating subparagraphs 

20 (F) and (G) as subparagraphs (E) and 

21 (F), respectively; 

22 (B) in paragraph (2), by striking subpara23 graphs (B) through (H) and inserting the fol24 lowing: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
685 

•S 1177 PCS

1 ‘‘(B) ELIGIBILITY FOR HEAVILY IMPACTED

2 LOCAL EDUCATIONAL AGENCIES.— 

3 ‘‘(i) IN GENERAL.—A heavily im4 pacted local educational agency is eligible 

5 to receive a basic support payment under 

6 subparagraph (A) with respect to a num7 ber of children determined under sub8 section (a)(1) if the agency— 

9 ‘‘(I) is a local educational agen10 cy— 

11 ‘‘(aa) whose boundaries are 

12 the same as a Federal military 

13 installation or an island property 

14 designated by the Secretary of 

15 the Interior to be property that is 

16 held in trust by the Federal Gov17 ernment; and 

18 ‘‘(bb) that has no taxing au19 thority; 

20 ‘‘(II) is a local educational agen21 cy that— 

22 ‘‘(aa) has an enrollment of 

23 children described in subsection 

24 (a)(1) that constitutes a percent25 age of the total student enrollVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00685 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
686 

•S 1177 PCS

1 ment of the agency that is not 

2 less than 45 percent; 

3 ‘‘(bb) has a per-pupil ex4 penditure that is less than— 

5 ‘‘(AA) for an agency 

6 that has a total student en7 rollment of 500 or more stu8 dents, 125 percent of the av9 erage per-pupil expenditure 

10 of the State in which the 

11 agency is located; or 

12 ‘‘(BB) for any agency 

13 that has a total student en14 rollment less than 500, 150 

15 percent of the average per16 pupil expenditure of the 

17 State in which the agency is 

18 located or the average per19 pupil expenditure of 3 or 

20 more comparable local edu21 cational agencies in the 

22 State in which the agency is 

23 located; and 

24 ‘‘(cc) is an agency that— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
687 

•S 1177 PCS

1 ‘‘(AA) has a tax rate 

2 for general fund purposes 

3 that is not less than 95 per4 cent of the average tax rate 

5 for general fund purposes of 

6 comparable local educational 

7 agencies in the State; or 

8 ‘‘(BB) was eligible to 

9 receive a payment under this 

10 subsection for fiscal year 

11 2013 and is located in a 

12 State that by State law has 

13 eliminated ad valorem tax as 

14 a revenue for local edu15 cational agencies; 

16 ‘‘(III) is a local educational agen17 cy that— 

18 ‘‘(aa) has an enrollment of 

19 children described in subsection 

20 (a)(1) that constitutes a percent21 age of the total student enroll22 ment of the agency that is not 

23 less than 20 percent; 

24 ‘‘(bb) for the 3 fiscal years 

25 preceding the fiscal year for 


asabaliauskas on DSK5VPTVN1PROD with BILLS
688 

•S 1177 PCS

1 which the determination is made, 

2 the average enrollment of chil3 dren who are not described in 

4 subsection (a)(1) and who are eli5 gible for a free or reduced price 

6 lunch under the Richard B. Rus7 sell National School Lunch Act 

8 constitutes a percentage of the 

9 total student enrollment of the 

10 agency that is not less than 65 

11 percent; and 

12 ‘‘(cc) has a tax rate for gen13 eral fund purposes which is not 

14 less than 125 percent of the aver15 age tax rate for general fund 

16 purposes for comparable local 

17 educational agencies in the State; 

18 ‘‘(IV) is a local educational agen19 cy that has a total student enrollment 

20 of not less than 25,000 students, of 

21 which— 

22 ‘‘(aa) not less than 50 per23 cent are children described in 

24 subsection (a)(1); and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
689 

•S 1177 PCS

1 ‘‘(bb) not less than 5,000 of 

2 such children are children de3 scribed in subparagraphs (A) and 

4 (B) of subsection (a)(1); or 

5 ‘‘(V) is a local educational agency 

6 that— 

7 ‘‘(aa) has an enrollment of 

8 children described in subsection 

9 (a)(1) including, for purposes of 

10 determining eligibility, those chil11 dren described in subparagraphs 

12 (F) and (G) of such subsection, 

13 that is not less than 35 percent 

14 of the total student enrollment of 

15 the agency; 

16 ‘‘(bb) has a per-pupil ex17 penditure that is less than the 

18 average per-pupil expenditure of 

19 the State in which the agency is 

20 located or the average per-pupil 

21 expenditure of all States (which22 ever average per-pupil expendi23 ture is greater), except that a 

24 local educational agency with a 

25 total student enrollment of less 


asabaliauskas on DSK5VPTVN1PROD with BILLS
690 

•S 1177 PCS

1 than 350 students shall be 

2 deemed to have satisfied such 

3 per-pupil expenditure require4 ment, and has a tax rate for gen5 eral fund purposes which is not 

6 less than 95 percent of the aver7 age tax rate for general fund 

8 purposes of local educational 

9 agencies in the State; and 

10 ‘‘(cc) was eligible to receive 

11 assistance under subparagraph 

12 (A) for fiscal year 2001. 

13 ‘‘(ii) LOSS OF ELIGIBILITY.— 

14 ‘‘(I) IN GENERAL.—Subject to 

15 subclause (II), a heavily impacted 

16 local educational agency that met the 

17 requirements of clause (i) for a fiscal 

18 year shall be ineligible to receive a 

19 basic support payment under subpara20 graph (A) if the agency fails to meet 

21 the requirements of clause (i) for a 

22 subsequent fiscal year, except that 

23 such agency shall continue to receive 

24 a basic support payment under this 

25 paragraph for the fiscal year for 


asabaliauskas on DSK5VPTVN1PROD with BILLS
691 

•S 1177 PCS

1 which the ineligibility determination is 

2 made. 

3 ‘‘(II) LOSS OF ELIGIBILITY DUE

4 TO FALLING BELOW 95 PERCENT OF

5 THE AVERAGE TAX RATE FOR GEN6 ERAL FUND PURPOSES.—In a case of 

7 a heavily impacted local educational 

8 agency that is eligible to receive a 

9 basic support payment under subpara10 graph (A), but that has had, for 2 

11 consecutive fiscal years, a tax rate for 

12 general fund purposes that falls below 

13 95 percent of the average tax rate for 

14 general fund purposes of comparable 

15 local educational agencies in the 

16 State, such agency shall be deter17 mined to be ineligible under clause (i) 

18 and ineligible to receive a basic sup19 port payment under subparagraph (A) 

20 for each fiscal year succeeding such 2 

21 consecutive fiscal years for which the 

22 agency has such a tax rate for general 

23 fund purposes, and until the fiscal 

24 year for which the agency resumes 


asabaliauskas on DSK5VPTVN1PROD with BILLS
692 

•S 1177 PCS

1 such eligibility in accordance with 

2 clause (iii). 

3 ‘‘(III) TAKEN OVER BY STATE

4 BOARD OF EDUCATION.—In the case 

5 of a heavily impacted local educational 

6 agency that is eligible to receive a 

7 basic support payment under subpara8 graph (A), but that has been taken 

9 over by a State board of education in 

10 2 previous years, such agency shall be 

11 deemed to maintain heavily impacted 

12 status for 2 fiscal years from after the 

13 date of enactment of the Every Child 

14 Achieves Act of 2015. 

15 ‘‘(iii) RESUMPTION OF ELIGIBILITY.— 

16 A heavily impacted local educational agen17 cy described in clause (i) that becomes in18 eligible under such clause for 1 or more 

19 fiscal years may resume eligibility for a 

20 basic support payment under this para21 graph for a subsequent fiscal year only if 

22 the agency meets the requirements of 

23 clause (i) for that subsequent fiscal year, 

24 except that such agency shall not receive a 

25 basic support payment under this paraVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00692 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
693 

•S 1177 PCS

1 graph until the fiscal year succeeding the 

2 fiscal year for which the eligibility deter3 mination is made. 

4 ‘‘(C) MAXIMUM AMOUNT FOR HEAVILY IM5 PACTED LOCAL EDUCATIONAL AGENCIES.— 

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in subparagraph (D), the maximum 

8 amount that a heavily impacted local edu9 cational agency is eligible to receive under 

10 this paragraph for any fiscal year is the 

11 sum of the total weighted student units, as 

12 computed under subsection (a)(2) and sub13 ject to clause (ii), multiplied by the greater 

14 of— 

15 ‘‘(I) four-fifths of the average 

16 per-pupil expenditure of the State in 

17 which the local educational agency is 

18 located for the third fiscal year pre19 ceding the fiscal year for which the 

20 determination is made; or 

21 ‘‘(II) four-fifths of the average 

22 per-pupil expenditure of all of the 

23 States for the third fiscal year pre24 ceding the fiscal year for which the 

25 determination is made. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
694 

•S 1177 PCS

1 ‘‘(ii) CALCULATION OF WEIGHTED

2 STUDENT UNITS.— 

3 ‘‘(I) IN GENERAL.— 

4 ‘‘(aa) IN GENERAL.—For a 

5 local educational agency with re6 spect to which 35 percent or 

7 more of the total student enroll8 ment of the schools of the agency 

9 are children described in sub10 paragraph (D) or (E) (or a com11 bination thereof) of subsection 

12 (a)(1), and that has an enroll13 ment of children described in 

14 subparagraph (A), (B), or (C) of 

15 such subsection equal to at least 

16 10 percent of the agency’s total 

17 enrollment, the Secretary shall 

18 calculate the weighted student 

19 units of those children described 

20 in subparagraph (D) or (E) of 

21 such subsection by multiplying 

22 the number of such children by a 

23 factor of 0.55. 

24 ‘‘(bb) EXCEPTION.—Not25 withstanding item (aa), a local 


asabaliauskas on DSK5VPTVN1PROD with BILLS
695 

•S 1177 PCS

1 educational agency that received 

2 a payment under this paragraph 

3 for fiscal year 2013 shall not be 

4 required to have an enrollment of 

5 children described in subpara6 graph (A), (B), or (C) of sub7 section (a)(1) equal to at least 10 

8 percent of the agency’s total en9 rollment. 

10 ‘‘(II) ENROLLMENT OF 100 OR

11 FEWER CHILDREN.—For a local edu12 cational agency that has an enroll13 ment of 100 or fewer children de14 scribed in subsection (a)(1), the Sec15 retary shall calculate the total number 

16 of weighted student units for purposes 

17 of subsection (a)(2) by multiplying the 

18 number of such children by a factor of 

19 1.75. 

20 ‘‘(III) ENROLLMENT OF MORE

21 THAN 100 CHILDREN BUT LESS THAN

22 1000.—For a local educational agency 

23 that is not described under subpara24 graph (B)(i)(I) and has an enrollment 

25 of more than 100 but not more than 


asabaliauskas on DSK5VPTVN1PROD with BILLS
696 

•S 1177 PCS

1 1,000 children described in subsection 

2 (a)(1), the Secretary shall calculate 

3 the total number of weighted student 

4 units for purposes of subsection (a)(2) 

5 by multiplying the number of such 

6 children by a factor of 1.25. 

7 ‘‘(D) MAXIMUM AMOUNT FOR LARGE

8 HEAVILY IMPACTED LOCAL EDUCATIONAL

9 AGENCIES.— 

10 ‘‘(i) IN GENERAL.— 

11 ‘‘(I) IN GENERAL.—Subject to 

12 clause (ii), the maximum amount that 

13 a heavily impacted local educational 

14 agency described in subclause (II) is 

15 eligible to receive under this para16 graph for any fiscal year shall be de17 termined in accordance with the for18 mula described in paragraph (1)(C). 

19 ‘‘(II) HEAVILY IMPACTED LOCAL

20 EDUCATIONAL AGENCY.—A heavily 

21 impacted local educational agency de22 scribed in this subclause is a local 

23 educational agency that has a total 

24 student enrollment of not less than 

25 25,000 students, of which not less 


asabaliauskas on DSK5VPTVN1PROD with BILLS
697 

•S 1177 PCS

1 than 50 percent are children described 

2 in subsection (a)(1) and not less than 

3 5,000 of such children are children 

4 described in subparagraphs (A) and 

5 (B) of subsection (a)(1). 

6 ‘‘(ii) FACTOR.—For purposes of calcu7 lating the maximum amount described in 

8 clause (i), the factor used in determining 

9 the weighted student units under sub10 section (a)(2) with respect to children de11 scribed in subparagraphs (A) and (B) of 

12 subsection (a)(1) shall be 1.35. 

13 ‘‘(E) DATA.—For purposes of providing 

14 assistance under this paragraph the Secretary 

15 shall use student, revenue, expenditure, and tax 

16 data from the third fiscal year preceding the 

17 fiscal year for which the local educational agen18 cy is applying for assistance under this para19 graph. 

20 ‘‘(F) DETERMINATION OF AVERAGE TAX

21 RATES FOR GENERAL FUND PURPOSES.— 

22 ‘‘(i) IN GENERAL.—Except as pro23 vided in clause (ii), for the purpose of de24 termining the average tax rates for general 

25 fund purposes for local educational agenVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00697 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
698 

•S 1177 PCS

1 cies in a State under this paragraph, the 

2 Secretary shall use either— 

3 ‘‘(I) the average tax rate for gen4 eral fund purposes for comparable 

5 local educational agencies, as deter6 mined by the Secretary in regulations; 

7 or 

8 ‘‘(II) the average tax rate of all 

9 the local educational agencies in the 

10 State. 

11 ‘‘(ii) FISCAL YEARS 2010-2015.— 

12 ‘‘(I) IN GENERAL.—For fiscal 

13 years 2010 through 2015, any local 

14 educational agency that was found in15 eligible to receive a payment under 

16 subparagraph (A) because the Sec17 retary determined that it failed to 

18 meet the average tax rate requirement 

19 for general fund purposes in subpara20 graph (B)(i)(II)(bb), shall be consid21 ered to have met that requirement, if 

22 its State determined, through an al23 ternate calculation of average tax 

24 rates for general fund purposes, that 


asabaliauskas on DSK5VPTVN1PROD with BILLS
699 

•S 1177 PCS

1 such local educational agency met 

2 that requirement. 

3 ‘‘(II) SUBSEQUENT FISCAL

4 YEARS AFTER 2015.—For any suc5 ceeding fiscal year after 2015, any 

6 local educational agency identified in 

7 subclause (I) may continue to have its 

8 State use that alternate methodology 

9 to calculate whether the average tax 

10 rate requirement for general fund 

11 purposes under subparagraph 

12 (B)(i)(II)(bb) is met. 

13 ‘‘(III) AVAILABILITY OF

14 FUNDS.—Notwithstanding any other 

15 provision of law limiting the period 

16 during which the Secretary may obli17 gate funds appropriated for any fiscal 

18 year after 2012, the Secretary shall 

19 reserve an amount equal to a total of 

20 $14,000,000 from funds that remain 

21 unobligated under this section from 

22 fiscal years 2013 or 2014 in order to 

23 make payments under this clause for 

24 fiscal years 2011 through 2014. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
700 

•S 1177 PCS

1 ‘‘(G) ELIGIBILITY FOR HEAVILY IMPACTED

2 LOCAL EDUCATIONAL AGENCIES AFFECTED BY

3 PRIVATIZATION OF MILITARY HOUSING.— 

4 ‘‘(i) ELIGIBILITY.—For any fiscal 

5 year, a heavily impacted local educational 

6 agency that received a basic support pay7 ment under this paragraph for the prior 

8 fiscal year, but is ineligible for such pay9 ment for the current fiscal year under sub10 paragraph (B), (C), (D), or (E), as the 

11 case may be, due to of the conversion of 

12 military housing units to private housing 

13 described in clause (iii), or as the direct re14 sult of base realignment and closure or 

15 modularization as determined by the Sec16 retary of Defense and force structure 

17 change or force relocation, shall be deemed 

18 to meet the eligibility requirements under 

19 subparagraph (B) or (C), as the case may 

20 be, for the period during which the housing 

21 units are undergoing such conversion or 

22 during such time as activities associated 

23 with base closure and realignment, 

24 modularization, force structure change, or 

25 force relocation are ongoing. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
701 

•S 1177 PCS

1 ‘‘(ii) AMOUNT OF PAYMENT.—The 

2 amount of a payment to a heavily impacted 

3 local educational agency for a fiscal year 

4 by reason of the application of clause (i), 

5 and calculated in accordance with subpara6 graph (C) or (D), as the case may be, shall 

7 be based on the number of children in av8 erage daily attendance in the schools of 

9 such agency for the fiscal year and under 

10 the same provisions of subparagraph (C) 

11 or (D) under which the agency was paid 

12 during the prior fiscal year. 

13 ‘‘(iii) CONVERSION OF MILITARY

14 HOUSING UNITS TO PRIVATE HOUSING DE15 SCRIBED.—For purposes of clause (i), 

16 ‘conversion of military housing units to 

17 private housing’ means the conversion of 

18 military housing units to private housing 

19 units pursuant to subchapter IV of chapter 

20 169 of title 10, United States Code, or 

21 pursuant to any other related provision of 

22 law.’’; and 

23 (C) in paragraph (3)— 

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

25 clause (iii) and inserting the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
702 

•S 1177 PCS

1 ‘‘(iii) In the case of a local educational 

2 agency providing a free public education to stu3 dents enrolled in kindergarten through grade 

4 12, that enrolls students described in subpara5 graphs (A), (B), and (D) of subsection (a)(1) 

6 only in grades 9 through 12, and that received 

7 a final payment in fiscal year 2009 calculated 

8 under this paragraph (as this paragraph was in 

9 effect on the day before the date of enactment 

10 of the Every Child Achieves Act of 2015) for 

11 students in grades 9 through 12, the Secretary 

12 shall, in calculating the agency’s payment, con13 sider only that portion of such agency’s total 

14 enrollment of students in grades 9 through 12 

15 when calculating the percentage under clause 

16 (i)(I) and only that portion of the total current 

17 expenditures attributed to the operation of 

18 grades 9 through 12 in such agency when cal19 culating the percentage under clause (i)(II).’’; 

20 (ii) in subparagraph (C), by striking 

21 ‘‘subparagraph (D) or (E) of paragraph 

22 (2),’’ and inserting ‘‘paragraph (2)(D)’’; 

23 and 

24 (iii) by striking subparagraph (D) and 

25 inserting the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
703 

•S 1177 PCS

1 ‘‘(D) RATABLE DISTRIBUTION.—For fiscal 

2 years described in subparagraph (A), for which 

3 the sums available exceed the amount required 

4 to pay each local educational agency 100 per5 cent of its threshold payment, the Secretary 

6 shall distribute the excess sums to each eligible 

7 local educational agency that has not received 

8 its full amount computed under paragraphs (1) 

9 or (2) (as the case may be) by multiplying— 

10 ‘‘(i) a percentage, the denominator of 

11 which is the difference between the full 

12 amount computed under paragraph (1) or 

13 (2) (as the case may be) for all local edu14 cational agencies and the amount of the 

15 threshold payment (as calculated under 

16 subparagraphs (B) and (C)) of all local 

17 educational agencies, and the numerator of 

18 which is the aggregate of the excess sums, 

19 by 

20 ‘‘(ii) the difference between the full 

21 amount computed under paragraph (1) or 

22 (2) (as the case may be) for the agency 

23 and the amount of the threshold payment 

24 as calculated under subparagraphs (B) and 

25 (C) of the agency. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
704 

•S 1177 PCS

1 ‘‘(E) INSUFFICIENT PAYMENTS.—For each 

2 fiscal year described in subparagraph (A) for 

3 which the sums appropriated are insufficient to 

4 pay each local educational agency all of the 

5 local educational agency’s threshold payment 

6 described in subparagraph (D), the Secretary 

7 shall ratably reduce the payment to each local 

8 educational agency under this paragraph. 

9 ‘‘(F) INCREASES.—If the sums appro10 priated are sufficient to increase the threshold 

11 payment above the 100 percent threshold pay12 ment described in subparagraph (D), then the 

13 Secretary shall increase payments on the same 

14 basis as such payments were reduced, except no 

15 local educational agency may receive a payment 

16 amount greater than 100 percent of the max17 imum payment calculated under this subsection. 

18 ‘‘(G) PROVISION OF TAX RATE AND RE19 SULTING PERCENTAGE.—The Secretary shall 

20 provide the local educational agency’s tax rate 

21 and the resulting percentage to each eligible 

22 local educational agency immediately following 

23 the payments of funds under paragraph (2).’’; 

24 (3) in subsection (c), by striking paragraph (2) 

25 and inserting the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
705 

•S 1177 PCS

1 ‘‘(2) EXCEPTION.—Calculation of payments for 

2 a local educational agency shall be based on data 

3 from the fiscal year for which the agency is making 

4 an application for payment if such agency— 

5 ‘‘(A) is newly established by a State, for 

6 the first year of operation of such agency only; 

7 ‘‘(B) was eligible to receive a payment 

8 under this section for the previous fiscal year 

9 and has had an overall increase in enrollment 

10 (as determined by the Secretary in consultation 

11 with the Secretary of Defense, the Secretary of 

12 Interior, or the heads of other Federal agen13 cies)— 

14 ‘‘(i) of not less than 10 percent, or 

15 100 students, of children described in— 

16 ‘‘(I) subparagraph (A), (B), (C), 

17 or (D) of subsection (a)(1); or 

18 ‘‘(II) subparagraphs (F) and (G) 

19 of subsection (a)(1), but only to the 

20 extent such children are civilian de21 pendents of employees of the Depart22 ment of Defense or the Department of 

23 Interior; and 

24 ‘‘(ii) that is the direct result of closure 

25 or realignment of military installations 


asabaliauskas on DSK5VPTVN1PROD with BILLS
706 

•S 1177 PCS

1 under the base closure process or the relo2 cation of members of the Armed Forces 

3 and civilian employees of the Department 

4 of Defense as part of the force structure 

5 changes or movements of units or per6 sonnel between military installations or be7 cause of actions initiated by the Secretary 

8 of the Interior or the head of another Fed9 eral agency; or 

10 ‘‘(C) was eligible to receive a payment 

11 under this section for the previous fiscal year 

12 and has had an increase in enrollment (as de13 termined by the Secretary)— 

14 ‘‘(i) of not less than 10 percent of 

15 children described in subsection (a)(1) or 

16 not less than 100 of such children; and 

17 ‘‘(ii) that is the direct result of the 

18 closure of a local educational agency that 

19 received a payment under subsection (b)(1) 

20 or (b)(2) in the previous fiscal year.’’; 

21 (4) in subsection (d)— 

22 (A) in the subsection heading, by striking 

23 ‘‘CHILDREN’’ and inserting ‘‘STUDENTS’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
707 

•S 1177 PCS

1 (B) in paragraph (1), by striking ‘‘chil2 dren’’ both places the term appears and insert3 ing ‘‘students’’; and 

4 (C) in paragraph (2), by striking ‘‘chil5 dren’’ and inserting ‘‘students’’; 

6 (5) in subsection (e), by striking paragraph (1) 

7 and inserting the following: 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) IN GENERAL.—In the case of any 

10 local educational agency whose payment under 

11 subsection (b) for a fiscal year is determined to 

12 be reduced by an amount greater than 

13 $5,000,000 or by 20 percent, as compared to 

14 the amount received in the previous fiscal year, 

15 the Secretary shall, subject to subparagraph 

16 (B), pay a local educational agency, for each of 

17 the 3 years following the reduction under sub18 section (b), the amount determined under sub19 paragraph (B). 

20 ‘‘(B) AMOUNT OF REDUCTION.—Subject to 

21 subparagraph (C), a local educational agency 

22 described in subparagraph (A) shall receive— 

23 ‘‘(i) for the first year for which the re24 duced payment is determined, an amount 

25 that is not less than 90 percent of the total 


asabaliauskas on DSK5VPTVN1PROD with BILLS
708 

•S 1177 PCS

1 amount that the local educational agency 

2 received under paragraph (1) or (2) of sub3 section (b) in the fiscal year prior to the 

4 reduction (referred to in this paragraph as 

5 the ‘base year’); 

6 ‘‘(ii) for the second year following 

7 such reduction, an amount that is not less 

8 than 85 percent of the total amount that 

9 the local educational agency received under 

10 paragraph (1) or (2) of subsection (b) in 

11 the base year; and 

12 ‘‘(iii) for the third year following such 

13 reduction, an amount that is not less than 

14 80 percent of the total amount that the 

15 local educational agency received under 

16 paragraph (1) or (2) of subsection (b) in 

17 the base year. 

18 ‘‘(C) SPECIAL RULE.—For any fiscal year 

19 for which a local educational agency would be 

20 subject to a reduced payment under clause (ii) 

21 or (iii) of subparagraph (B), but the total 

22 amount of the payment for which the local edu23 cational agency is eligible under subsection (b) 

24 for that fiscal year is greater than the amount 

25 that initially subjected the local educational 


asabaliauskas on DSK5VPTVN1PROD with BILLS
709 

•S 1177 PCS

1 agency to the requirements of this subsection, 

2 the Secretary shall pay the greater amount to 

3 the local educational agency for such year.’’; 

4 and 

5 (6) by striking subsection (g). 

6 SEC. 8005. POLICIES AND PROCEDURES RELATING TO 

7 CHILDREN RESIDING ON INDIAN LANDS. 

8 Section 8004(e)(9) (20 U.S.C. 7704(e)(9)) is amend9 ed by striking ‘‘Affairs’’ both places the term appears and 

10 inserting ‘‘Education’’. 

11 SEC. 8006. APPLICATION FOR PAYMENTS UNDER SECTIONS 

12 8002 AND 8003. 

13 Section 8005 (20 U.S.C. 7705) is amended— 

14 (1) in subsection (b), in the matter preceding 

15 paragraph (1), by striking ‘‘, and shall contain such 

16 information,’’; 

17 (2) by redesignating subsections (c) and (d) as 

18 subsections (d) and (e), respectively; and 

19 (3) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) STUDENT COUNT.—In collecting information to 

22 determine the eligibility of a local educational agency and 

23 the number of federally connected children for the local 

24 educational agency, the Secretary shall, in addition to any 

25 options provided under section 222.35 of title 34, Code 


asabaliauskas on DSK5VPTVN1PROD with BILLS
710 

•S 1177 PCS

1 of Federal Regulations, or a successor regulation, allow 

2 a local educational agency to count the number of such 

3 children served by the agency as of the date by which the 

4 agency requires all students to register for the school year 

5 of the fiscal year for which the application is filed.’’. 

6 SEC. 8007. CONSTRUCTION. 

7 Section 8007(b) (20 U.S.C. 7707(b)) is amended— 

8 (1) in paragraph (3)(C)(i)(I), by adding at the 

9 end the following: 

10 ‘‘(cc) Not less than 10 percent of 

11 the property in the agency is exempt 

12 from State and local taxation under 

13 Federal law.’’; and 

14 (2) in paragraph (6), by striking subparagraph 

15 (F). 

16 SEC. 8008. STATE CONSIDERATION OF PAYMENTS IN PRO17 VIDING STATE AID. 

18 Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is 

19 amended by striking ‘‘and contain the information’’. 

20 SEC. 8009. DEFINITIONS. 

21 Section 8013(5)(A) (20 U.S.C. 7713(5)(A)) is 

22 amended— 

23 (1) in clause (ii), by striking subclause (III) 

24 and inserting the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
711 

•S 1177 PCS

1 ‘‘(III) conveyed at any time under the 

2 Alaska Native Claims Settlement Act to a 

3 Native individual, Native group, or village 

4 or regional corporation (including single 

5 family occupancy properties that may have 

6 been subsequently sold or leased to a third 

7 party), except that property that is con8 veyed under such Act— 

9 ‘‘(aa) that is not taxed is, for the 

10 purposes of this paragraph, consid11 ered tax-exempt due to Federal law; 

12 or 

13 ‘‘(bb) is considered Federal prop14 erty for the purpose of this para15 graph, only if the property is located 

16 within a Regional Educational Attend17 ance Area that has no taxing power;’’; 

18 and 

19 (2) in clause (iii)— 

20 (A) in subclause (II), by striking ‘‘Stewart 

21 B. McKinney Homeless Assistance Act’’ and in22 serting ‘‘McKinney-Vento Homeless Assistance 

23 Act (42 U.S.C. 11411)’’; and 

24 (B) by striking subclause (III) and insert25 ing the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
712 

•S 1177 PCS

1 ‘‘(III) used for affordable housing as2 sisted under the Native American Housing 

3 Assistance and Self-Determination Act of 

4 1996 (25 U.S.C. 4101 et seq.); or’’. 

5 SEC. 8010. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 8014 (20 U.S.C. 7714) is amended— 

7 (1) in subsection (a), by striking ‘‘$32,000,000 

8 for fiscal year 2000 and such sums as may be nec9 essary for each of the seven succeeding fiscal years’’ 

10 and inserting ‘‘such sums as may be necessary for 

11 each of fiscal years 2016 through 2021’’; 

12 (2) in subsection (b), by striking 

13 ‘‘$809,400,000 for fiscal year 2000 and such sums 

14 as may be necessary for each of the seven succeeding 

15 fiscal years’’ and inserting ‘‘such sums as may be 

16 necessary for each of fiscal years 2016 through 

17 2021’’; 

18 (3) in subsection (c), by striking ‘‘$50,000,000 

19 for fiscal year 2000 and such sums as may be nec20 essary for each of the seven succeeding fiscal years’’ 

21 and inserting ‘‘such sums as may be necessary for 

22 each of fiscal years 2016 through 2021’’; 

23 (4) by redesignating subsections (e) and (f) as 

24 subsections (d) and (e), respectively; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
713 

•S 1177 PCS

1 (5) in subsection (d), as redesignated by para2 graph (4), by striking ‘‘$10,052,000 for fiscal year 

3 2000 and such sums as may be necessary for fiscal 

4 year 2001, $150,000,000 for fiscal year 2002, and 

5 such sums as may be necessary for each of the five 

6 succeeding fiscal years’’ and inserting ‘‘such sums as 

7 may be necessary for each of fiscal years 2016 

8 through 2021’’; and 

9 (6) in subsection (e), as redesignated by para10 graph (4), by striking ‘‘$5,000,000 for fiscal year 

11 2000 and such sums as may be necessary for each 

12 of the seven succeeding fiscal years’’ and inserting 

13 ‘‘such sums as may be necessary for each of fiscal 

14 years 2016 through 2021’’. 

15 TITLE IX—GENERAL 

16 PROVISIONS 

17 SEC. 9101. DEFINITIONS. 

18 Section 9101 (20 U.S.C. 7801) is amended— 

19 (1) by striking paragraphs (3), (19), (35), (36), 

20 (37), and (42); 

21 (2) by redesignating paragraphs (1), (2), (17), 

22 (18), (20), (21), (22), (23), (24), (25), (26), (27), 

23 (28), (29), (30), (31), (32), (33), (34), (38), (39), 

24 (41), and (43) as paragraphs (2), (3), (18), (19), 

25 (24), (25), (26), (27), (28), (20), (29), (30), (32), 


asabaliauskas on DSK5VPTVN1PROD with BILLS
714 

•S 1177 PCS

1 (33), (34), (35), (36), (37), (38), (40), (41), (44), 

2 and (45), respectively, and by transferring such 

3 paragraph (20), as so redesignated, so as to follow 

4 such paragraph (19), as so redesignated; 

5 (3) by inserting before paragraph (2), as redes6 ignated by paragraph (2), the following: 

7 ‘‘(1) 4-YEAR ADJUSTED COHORT GRADUATION

8 RATE.—The term ‘4-year adjusted cohort graduation 

9 rate’ has the meaning given the term ‘four-year ad10 justed cohort graduation rate’ in section 

11 200.19(b)(1) of title 34, Code of Federal Regula12 tions, as such section was in effect on November 28, 

13 2008.’’; 

14 (4) by striking paragraph (11) and inserting 

15 the following: 

16 ‘‘(11) CORE ACADEMIC SUBJECTS.—The term 

17 ‘core academic subjects’ means English, reading or 

18 language arts, writing, science, technology, engineer19 ing, mathematics, foreign languages, civics and gov20 ernment, economics, arts, history, geography, com21 puter science, music, and physical education, and 

22 any other subject as determined by the State or local 

23 educational agency.’’; 

24 (5) in paragraph (13)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
715 

•S 1177 PCS

1 (A) by striking subparagraphs (B), (E), 

2 (G), and (K); 

3 (B) by redesignating subparagraphs (C), 

4 (D), (F), (H), (I), (J), and (L), as subpara5 graphs (B), (C), (D), (E), (F), (G), and (I), re6 spectively; and 

7 (C) by inserting after subparagraph (G), 

8 as redesignated by subparagraph (B), the fol9 lowing: 

10 ‘‘(H) part G of title V; and’’; 

11 (6) by inserting after paragraph (16) the fol12 lowing: 

13 ‘‘(17) EARLY CHILDHOOD EDUCATION PRO14 GRAM.—The term ‘early childhood education pro15 gram’ has the meaning given the term in section 103 

16 of the Higher Education Act of 1965.’’; 

17 (7) in paragraph (20), as redesignated and 

18 moved by paragraph (2)— 

19 (A) in the paragraph heading, by striking 

20 ‘‘LIMITED ENGLISH PROFICIENT’’ and inserting 

21 ‘‘ENGLISH LEARNER’’; 

22 (B) in the matter preceding subparagraph 

23 (A), by striking ‘‘limited English proficient’’ 

24 and inserting ‘‘English learner’’; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
716 

•S 1177 PCS

1 (C) in subparagraph (D)(i), by striking 

2 ‘‘State’s proficient level of achievement on State 

3 assessments described in section 1111(b)(3)’’ 

4 and inserting ‘‘challenging State academic 

5 standards described in section 1111(b)(1)’’; 

6 (8) by inserting after paragraph (20), as trans7 ferred and redesignated by paragraph (2), the fol8 lowing: 

9 ‘‘(21) EVIDENCE-BASED.— 

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

11 subparagraph (B), the term ‘evidence-based’, 

12 when used with respect to an activity, means an 

13 activity that— 

14 ‘‘(i) demonstrates a statistically sig15 nificant effect on improving student out16 comes or other relevant outcomes based 

17 on— 

18 ‘‘(I) strong evidence from at least 

19 1 well-designed and well-implemented 

20 experimental study; 

21 ‘‘(II) moderate evidence from at 

22 least 1 well-designed and well-imple23 mented quasi-experimental study; or 

24 ‘‘(III) promising evidence from at 

25 least 1 well-designed and well-impleVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00716 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
717 

•S 1177 PCS

1 mented correlational study with statis2 tical controls for selection bias; or 

3 ‘‘(ii)(I) demonstrates a rationale that 

4 is based on high-quality research findings 

5 that such activity is likely to improve stu6 dent outcomes or other relevant outcomes; 

7 and 

8 ‘‘(II) includes ongoing efforts to ex9 amine the effects of such activity. 

10 ‘‘(B) DEFINITION FOR PART A OF TITLE

11 I.—For purposes of part A of title I, the term 

12 ‘evidence-based’, when used with respect to an 

13 activity, means an activity that meets the re14 quirements of subclause (I) or (II) of subpara15 graph (A)(i). 

16 ‘‘(22) EXPANDED LEARNING TIME.—The term 

17 ‘expanded learning time’ means using a longer 

18 school day, week, or year schedule to significantly 

19 increase the total number of school hours, in order 

20 to include additional time for— 

21 ‘‘(A) instruction and enrichment in core 

22 academic subjects, other academic subjects, and 

23 other activities that contribute to a well-round24 ed education; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
718 

•S 1177 PCS

1 ‘‘(B) instructional and support staff to col2 laborate, plan, and engage in professional devel3 opment (including professional development on 

4 family and community engagement) within and 

5 across grades and subjects. 

6 ‘‘(23) EXTENDED-YEAR ADJUSTED COHORT

7 GRADUATION RATE.—The term ‘extended-year ad8 justed cohort graduation rate’ has the meaning given 

9 the term in section 200.19(b)(1)(v) of title 34, Code 

10 of Federal Regulations, as such section was in effect 

11 on November 28, 2008.’’; 

12 (9) by striking paragraph (27), as redesignated 

13 by paragraph (2), and inserting the following: 

14 ‘‘(27) HIGH SCHOOL.—The term ‘high school’ 

15 means a secondary school that— 

16 ‘‘(A) grants a diploma, as defined by the 

17 State; and 

18 ‘‘(B) includes, at least, grade 12.’’; 

19 (10) in paragraph (29), as redesignated by 

20 paragraph (2), in subparagraph (C)— 

21 (A) in the subparagraph heading, by strik22 ing ‘‘BIA’’ and inserting ‘‘BIE’’; and 

23 (B) by striking ‘‘Affairs’’ both places the 

24 term appears and inserting ‘‘Education’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
719 

•S 1177 PCS

1 (11) by inserting after paragraph (30), as re2 designated by paragraph (2), the following: 

3 ‘‘(31) MULTI-TIER SYSTEM OF SUPPORTS.—The 

4 term ‘multi-tier system of supports’ means a com5 prehensive continuum of evidence-based, system-wide 

6 practices to support a rapid response to academic 

7 and behavioral needs, with frequent data-based mon8 itoring for instructional decisionmaking.’’; 

9 (12) in paragraph (33), as redesignated by 

10 paragraph (2), by striking ‘‘pupil services’’ and in11 serting ‘‘specialized instructional support’’; 

12 (13) in paragraph (34), as redesignated by 

13 paragraph (2), by striking ‘‘includes the freely asso14 ciated states’’ and all that follows through the period 

15 at the end and inserting ‘‘includes the Republic of 

16 Palau except during any period for which the Sec17 retary determines that a Compact of Free Associa18 tion is in effect that contains provisions for edu19 cation assistance prohibiting the assistance provided 

20 under this Act.’’; 

21 (14) in paragraph (36), as redesignated by 

22 paragraph (2)— 

23 (A) in subparagraph (C), by inserting 

24 ‘‘and’’ after the semicolon; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
720 

•S 1177 PCS

1 (B) in subparagraph (D), by striking ‘‘sec2 tion 1118’’ and inserting ‘‘section 1115’’; 

3 (15) by striking paragraph (38), as redesig4 nated by paragraph (2), and inserting the following: 

5 ‘‘(38) PROFESSIONAL DEVELOPMENT.—The 

6 term ‘professional development’ means activities 

7 that— 

8 ‘‘(A) are coordinated and aligned to sup9 port educators (including teachers, principals, 

10 other school leaders, specialized instructional 

11 support personnel, paraprofessionals, and, as 

12 applicable, early childhood educators); and 

13 ‘‘(B) are designed and implemented to im14 prove student achievement and classroom prac15 tice, which may include activities that— 

16 ‘‘(i) improve and increase teachers’— 

17 ‘‘(I) knowledge of the academic 

18 subjects the teachers teach; 

19 ‘‘(II) understanding of how stu20 dents learn; and 

21 ‘‘(III) ability to analyze student 

22 work and achievement from multiple 

23 sources, including how to adjust in24 structional strategies, assessments, 

25 and materials based on such analysis; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
721 

•S 1177 PCS

1 ‘‘(ii) are an integral part of broad 

2 schoolwide and districtwide educational im3 provement plans; 

4 ‘‘(iii) allow personalized plans for each 

5 educator to address the educator’s specific 

6 needs identified in observation or other 

7 feedback; 

8 ‘‘(iv) give teachers, principals, other 

9 school leaders, and administrators the 

10 knowledge and skills to provide students 

11 with the opportunity to meet challenging 

12 State academic standards; 

13 ‘‘(v) improve classroom management 

14 skills; 

15 ‘‘(vi)(I) are high-quality, sustained, 

16 intensive, collaborative, job-embedded, 

17 data-driven, and classroom-focused in 

18 order to have a positive and lasting impact 

19 on classroom instruction and the teacher’s 

20 performance in the classroom; and 

21 ‘‘(II) are not 1-day or short-term 

22 workshops or conferences; 

23 ‘‘(vii) support the recruiting, hiring, 

24 and training of effective teachers, including 

25 teachers who became certified through 


asabaliauskas on DSK5VPTVN1PROD with BILLS
722 

•S 1177 PCS

1 State and local alternative routes to certifi2 cation; 

3 ‘‘(viii) advance teacher understanding 

4 of— 

5 ‘‘(I) effective instructional strate6 gies that are evidence-based; and 

7 ‘‘(II) strategies for improving 

8 student academic achievement or sub9 stantially increasing the knowledge 

10 and teaching skills of teachers; 

11 ‘‘(ix) are aligned with and directly re12 lated to— 

13 ‘‘(I) challenging State academic 

14 standards and assessments under sec15 tion 1111(b); 

16 ‘‘(II) the curricula and programs 

17 tied to the standards described in sub18 clause (I); and 

19 ‘‘(III) related academic goals of 

20 the school or local educational agency; 

21 ‘‘(x) are developed with extensive par22 ticipation of teachers, principals, other 

23 school leaders, parents, and administrators 

24 of schools to be served under this Act; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
723 

•S 1177 PCS

1 ‘‘(xi) 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 ‘‘(xii) to the extent appropriate, pro10 vide training for teachers, principals, and 

11 other school leaders in the use of tech12 nology so that technology and technology 

13 applications are effectively used in the 

14 classroom to improve teaching and learning 

15 in the curricula and academic subjects in 

16 which the teachers teach; 

17 ‘‘(xiii) as a whole, are regularly evalu18 ated for their impact on increased teacher 

19 effectiveness and improved student aca20 demic achievement, with the findings of 

21 the evaluations used to improve the quality 

22 of professional development; 

23 ‘‘(xiv) are designed to give teachers of 

24 children with disabilities or children with 

25 developmental delays, and other teachers 


asabaliauskas on DSK5VPTVN1PROD with BILLS
724 

•S 1177 PCS

1 and instructional staff, the knowledge and 

2 skills to provide instruction and academic 

3 support services, to those children, includ4 ing positive behavioral interventions and 

5 supports, multi-tiered systems of supports, 

6 and use of accommodations; 

7 ‘‘(xv) include instruction in the use of 

8 data and assessments to inform and in9 struct classroom practice; 

10 ‘‘(xvi) include instruction in ways that 

11 teachers, principals, other school leaders, 

12 specialized instructional support personnel, 

13 and school administrators may work more 

14 effectively with parents and families; 

15 ‘‘(xvii) involve the forming of partner16 ships with institutions of higher education 

17 to establish school-based teacher, principal, 

18 and other school leader training programs 

19 that provide prospective teachers, novice 

20 teachers, principals, and other school lead21 ers with an opportunity to work under the 

22 guidance of experienced teachers, prin23 cipals, other school leaders, and faculty of 

24 such institutions; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
725 

•S 1177 PCS

1 ‘‘(xviii) create programs to enable 

2 paraprofessionals (assisting teachers em3 ployed by a local educational agency receiv4 ing assistance under part A of title I) to 

5 obtain the education necessary for those 

6 paraprofessionals to become certified and 

7 licensed teachers; 

8 ‘‘(xix) provide follow-up training to 

9 teachers who have participated in activities 

10 described in this paragraph that are de11 signed to ensure that the knowledge and 

12 skills learned by the teachers are imple13 mented in the classroom; and 

14 ‘‘(xx) where applicable and practical, 

15 provide jointly for school staff and other 

16 early childhood education program pro17 viders, to address the transition to elemen18 tary school, including issues related to 

19 school readiness.’’; 

20 (16) by inserting after paragraph (38), as re21 designated by paragraph (2), the following: 

22 ‘‘(39) SCHOOL LEADER.—The term ‘school 

23 leader’ means a principal, assistant principal, or 

24 other individual who is— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
726 

•S 1177 PCS

1 ‘‘(A) an employee or officer of an elemen2 tary school or secondary school, local edu3 cational agency, or other entity operating an el4 ementary school or secondary school; and 

5 ‘‘(B) responsible for the daily instructional 

6 leadership and managerial operations in the ele7 mentary school or secondary school building.’’; 

8 (17) by inserting after paragraph (41), as re9 designated by paragraph (2), the following: 

10 ‘‘(42) SPECIALIZED INSTRUCTIONAL SUPPORT

11 PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT

12 SERVICES.— 

13 ‘‘(A) SPECIALIZED INSTRUCTIONAL SUP14 PORT PERSONNEL.—The term ‘specialized in15 structional support personnel’ means — 

16 ‘‘(i) school counselors, school social 

17 workers, and school psychologists; and 

18 ‘‘(ii) other qualified professional per19 sonnel, such as school nurses and speech 

20 language pathologists, involved in pro21 viding assessment, diagnosis, counseling, 

22 educational, therapeutic, and other nec23 essary services (including related services 

24 as that term is defined in section 602 of 

25 the Individuals with Disabilities Education 


asabaliauskas on DSK5VPTVN1PROD with BILLS
727 

•S 1177 PCS

1 Act) as part of a comprehensive program 

2 to meet student needs. 

3 ‘‘(B) SPECIALIZED INSTRUCTIONAL SUP4 PORT SERVICES.—The term ‘specialized instruc5 tional support services’ means the services pro6 vided by specialized instructional support per7 sonnel.’’; 

8 (18) by inserting after paragraph (45), as re9 designated by paragraph (2), the following: 

10 ‘‘(46) UNIVERSAL DESIGN FOR LEARNING.— 

11 The term ‘universal design for learning’ has the 

12 meaning given the term in section 103 of the Higher 

13 Education Act of 1965.’’; and 

14 (19) by striking the undesignated paragraph be15 tween paragraphs (41) and (44), as redesignated by 

16 paragraph (2), and inserting the following: 

17 ‘‘(43) STATE.—The term ‘State’ means each of 

18 the 50 States, the District of Columbia, the Com19 monwealth of Puerto Rico, and each of the outlying 

20 areas.’’. 

21 SEC. 9102. APPLICABILITY TO BUREAU OF INDIAN EDU22 CATION OPERATED SCHOOLS. 

23 Section 9103 (20 U.S.C. 7803) is amended— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
728 

•S 1177 PCS

1 (1) in the section heading, by striking ‘‘BU2 REAU OF INDIAN AFFAIRS’’ and inserting ‘‘BU3 REAU OF INDIAN EDUCATION’’; and 

4 (2) by striking ‘‘Bureau of Indian Affairs’’ each 

5 place the term appears and inserting ‘‘Bureau of In6 dian Education’’. 

7 SEC. 9103. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN8 ISTRATION. 

9 Section 9203(b) (20 U.S.C. 7823(b)) is amended by 

10 striking ‘‘Within 1 year after the date of enactment of the 

11 No Child Left Behind Act of 2001, a State’’ and inserting 

12 ‘‘A State’’. 

13 SEC. 9104. RURAL CONSOLIDATED PLAN. 

14 Section 9305 (20 U.S.C. 7845) is amended by adding 

15 at the end the following: 

16 ‘‘(e) RURAL CONSOLIDATED PLAN.— 

17 ‘‘(1) IN GENERAL.—Two or more eligible local 

18 educational agencies, a consortium of eligible local 

19 education service agencies, or an educational service 

20 agency on behalf of eligible local educational agen21 cies may submit plans or applications for 1 or more 

22 covered programs to the State educational agency on 

23 a consolidated basis, if each eligible local educational 

24 agency impacted elects to participate in the joint apVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00728 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
729 

•S 1177 PCS

1 plication or elects to allow the educational service 

2 agency to apply on its behalf. 

3 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN4 CY.—For the purposes of this subsection, the term 

5 ‘eligible local educational agency’ means a local edu6 cational agency that is an eligible local educational 

7 agency under part B of title VI.’’. 

8 SEC. 9105. WAIVERS OF STATUTORY AND REGULATORY RE9 QUIREMENTS. 

10 Section 9401 (20 U.S.C. 7861) is amended— 

11 (1) by striking subsection (a) and inserting the 

12 following: 

13 ‘‘(a) IN GENERAL.— 

14 ‘‘(1) REQUEST FOR WAIVER BY STATE OR IN15 DIAN TRIBE.—A State educational agency or Indian 

16 tribe that receives funds under a program authorized 

17 under this Act may submit a request to the Sec18 retary to waive any statutory or regulatory require19 ment of this Act. 

20 ‘‘(2) LOCAL EDUCATIONAL AGENCY AND

21 SCHOOL REQUESTS SUBMITTED THROUGH THE

22 STATE.— 

23 ‘‘(A) REQUEST FOR WAIVER BY LOCAL

24 EDUCATIONAL AGENCY.—A local educational 

25 agency that receives funds under a program auVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00729 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
730 

•S 1177 PCS

1 thorized under this Act and desires a waiver of 

2 any statutory or regulatory requirement of this 

3 Act shall submit a request containing the infor4 mation described in subsection (b)(1) to the ap5 propriate State educational agency. The State 

6 educational agency may then submit the request 

7 to the Secretary if the State educational agency 

8 determines the waiver appropriate. 

9 ‘‘(B) REQUEST FOR WAIVER BY SCHOOL.— 

10 An elementary school or secondary school that 

11 desires a waiver of any statutory or regulatory 

12 requirement of this Act shall submit a request 

13 containing the information described in sub14 section (b)(1) to the local educational agency 

15 serving the school. The local educational agency 

16 may then submit the request to the State edu17 cational agency in accordance with subpara18 graph (A) if the local educational agency deter19 mines the waiver appropriate. 

20 ‘‘(3) RECEIPT OF WAIVER.—Except as provided 

21 in subsection (b)(4) or (c), the Secretary may waive 

22 any statutory or regulatory requirement of this Act 

23 for which a waiver request is submitted to the Sec24 retary pursuant to this subsection.’’; 

25 (2) in subsection (b)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
731 

•S 1177 PCS

1 (A) in paragraph (1)— 

2 (i) in the matter preceding subpara3 graph (A)— 

4 (I) by striking ‘‘, local edu5 cational agency,’’ and inserting ‘‘, act6 ing on its own behalf or on behalf of 

7 a local educational agency in accord8 ance with subsection (a)(2),’’; and 

9 (II) by inserting ‘‘, which shall 

10 include a plan’’ after ‘‘to the Sec11 retary’’; and 

12 (ii) by striking subparagraphs (C) and 

13 (D) and inserting the following: 

14 ‘‘(C) describes the methods the State edu15 cational agency, local educational agency, or In16 dian tribe will use to monitor and regularly 

17 evaluate the effectiveness of the implementation 

18 of the plan; 

19 ‘‘(D) includes only information directly re20 lated to the waiver request on how the State 

21 educational agency, local educational agency, or 

22 Indian tribe will maintain and improve trans23 parency in reporting to parents and the public 

24 on student achievement and school perform25 ance, including the achievement of students acVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00731 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
732 

•S 1177 PCS

1 cording to each category of students described 

2 in section 1111(b)(2)(B)(xi); and’’; 

3 (B) in paragraph (2)(B)(i)(II), by striking 

4 ‘‘(on behalf of, and based on the requests of, 

5 local educational agencies)’’ and inserting ‘‘(on 

6 behalf of those agencies or on behalf of, and 

7 based on the requests of, local educational 

8 agencies in the State)’’; 

9 (C) in paragraph (3)— 

10 (i) in subparagraph (A)— 

11 (I) in the matter preceding clause 

12 (i), by inserting ‘‘or on behalf of local 

13 educational agencies in the State 

14 under subsection (a)(2),’’ after ‘‘act15 ing on its own behalf,’’; and 

16 (II) in clause (i)— 

17 (aa) by striking ‘‘all inter18 ested local educational agencies’’ 

19 and inserting ‘‘any interested 

20 local educational agency’’; and 

21 (bb) by inserting ‘‘, to the 

22 extent that the request impacts 

23 the local educational agency’’ be24 fore the semicolon at the end; 

25 and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
733 

•S 1177 PCS

1 (ii) in subparagraph (B)(i), by strik2 ing ‘‘reviewed by the State educational 

3 agency’’ and inserting ‘‘reviewed and ap4 proved by the State educational agency in 

5 accordance with subsection (a)(2) before 

6 being submitted to the Secretary’’; and 

7 (D) by adding at the end the following: 

8 ‘‘(4) WAIVER DETERMINATION, DEMONSTRA9 TION, AND REVISION.— 

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

11 issue a written determination regarding the ap12 proval or disapproval of a waiver request not 

13 more than 90 days after the date on which such 

14 request is submitted, unless the Secretary de15 termines and demonstrates that— 

16 ‘‘(i) the waiver request does not meet 

17 the requirements of this section; or 

18 ‘‘(ii) the waiver is not permitted under 

19 subsection (c). 

20 ‘‘(B) WAIVER DETERMINATION AND REVI21 SION.—If the Secretary determines and dem22 onstrates that the waiver request does not meet 

23 the requirements of this section, the Secretary 

24 shall— 

25 ‘‘(i) immediately— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
734 

•S 1177 PCS

1 ‘‘(I) notify the State educational 

2 agency, local educational agency and 

3 State educational agency, or Indian 

4 tribe, as applicable, of such deter5 mination; and 

6 ‘‘(II) provide detailed reasons for 

7 such determination in writing and in 

8 a public manner, such as posting to 

9 the Department’s website in a clear 

10 and easily accessible manner; 

11 ‘‘(ii) offer the State educational agen12 cy, local educational agency (through the 

13 State educational agency), or Indian tribe 

14 an opportunity to revise and resubmit the 

15 waiver request by a date that is not more 

16 than 60 days after the date of such deter17 mination; and 

18 ‘‘(iii) if the Secretary determines that 

19 the resubmission does not meet the re20 quirements of this section, at the request 

21 of the State educational agency, local edu22 cational agency, or Indian tribe, conduct a 

23 public hearing not more than 30 days after 

24 the date of such resubmission. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
735 

•S 1177 PCS

1 ‘‘(C) WAIVER DISAPPROVAL.—The Sec2 retary may disapprove a waiver request if— 

3 ‘‘(i) the State educational agency, 

4 local educational agency, or Indian tribe 

5 has been notified and offered an oppor6 tunity to revise and resubmit the waiver 

7 request, as described under clauses (i) and 

8 (ii) of subparagraph (B); and 

9 ‘‘(ii) the State educational agency, 

10 local educational agency (through the State 

11 educational agency), or Indian tribe— 

12 ‘‘(I) does not revise and resubmit 

13 the waiver request; or 

14 ‘‘(II) revises and resubmits the 

15 waiver request, and the Secretary de16 termines that such waiver request 

17 does not meet the requirements of this 

18 section after a hearing conducted 

19 under subparagraph (B)(iii). 

20 ‘‘(D) EXTERNAL CONDITIONS.—The Sec21 retary shall not disapprove a waiver request 

22 under this section based on conditions outside 

23 the scope of the waiver request.’’; 

24 (3) in subsection (c)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
736 

•S 1177 PCS

1 (A) in paragraph (8), by striking ‘‘subpart 

2 1 of part B of title V’’ and inserting ‘‘part A 

3 of title V’’; and 

4 (B) in paragraph (10), by striking ‘‘sub5 sections (a) and (b) of section 1113’’ and insert 

6 ‘‘section 1113(a)’’ both places the term ap7 pears; 

8 (4) in subsection (d)— 

9 (A) in the subsection heading, by adding ‘‘; 

10 LIMITATIONS’’ after ‘‘WAIVER’’; and 

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

12 ‘‘(3) SPECIFIC LIMITATIONS.—The Secretary 

13 shall not place any requirements on a State edu14 cational agency, local educational agency, or Indian 

15 tribe as a condition, criterion, or priority for the ap16 proval of a waiver request, unless such requirements 

17 are— 

18 ‘‘(A) otherwise requirements under this 

19 Act; and 

20 ‘‘(B) directly related to the waiver re21 quest.’’; 

22 (5) by striking subsection (e) and inserting the 

23 following: 

24 ‘‘(e) REPORTS.—A State educational agency, local 

25 educational agency, or Indian tribe receiving a waiver 


asabaliauskas on DSK5VPTVN1PROD with BILLS
737 

•S 1177 PCS

1 under this section shall describe, as part of, and pursuant 

2 to, the required annual reporting under section 1111(d)— 

3 ‘‘(1) the progress of schools covered under the 

4 provisions of such waiver toward improving the qual5 ity of instruction to students and increasing student 

6 academic achievement; and 

7 ‘‘(2) how the use of the waiver has contributed 

8 to such progress.’’; and 

9 (6) in subsection (f), by striking ‘‘if the Sec10 retary determines’’ and all that follows through the 

11 period at the end and inserting the following: ‘‘if, 

12 after notice and an opportunity for a hearing, the 

13 Secretary— 

14 ‘‘(A) presents substantial evidence that 

15 clearly demonstrates that the waiver is not con16 tributing to the progress of schools described in 

17 subsection (e)(1); or 

18 ‘‘(B) determines that the waiver is no 

19 longer necessary to achieve its original pur20 poses.’’. 

21 SEC. 9106. PLAN APPROVAL PROCESS. 

22 Title IX (20 U.S.C. 7801 et seq.) is amended— 

23 (1) by redesignating parts E and F as parts F 

24 and G, respectively; 

25 (2) in section 9573— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
738 

•S 1177 PCS

1 (A) in subsection (b)(1), by striking ‘‘early 

2 childhood development (Head Start) services’’ 

3 and inserting ‘‘early childhood education pro4 grams’’; 

5 (B) in subsection (c)(2)— 

6 (i) in the paragraph heading by strik7 ing ‘‘DEVELOPMENT SERVICES’’ and insert8 ing ‘‘EDUCATION PROGRAMS’’; and 

9 (ii) by striking ‘‘development (Head 

10 Start) services’’ and inserting ‘‘education 

11 programs’’; and 

12 (C) in subsection (e), as redesignated by 

13 section 4001(5), in paragraph (3), by striking 

14 subparagraph (C) and inserting the following: 

15 ‘‘(C) such other matters as justice may re16 quire.’’; and 

17 (3) by inserting after section 9401 the fol18 lowing: 

19 ‘‘PART E—APPROVAL AND DISAPPROVAL OF 

20 STATE PLANS AND LOCAL APPLICATIONS 

21 ‘‘SEC. 9451. APPROVAL AND DISAPPROVAL OF STATE 

22 PLANS. 

23 ‘‘(a) DEEMED APPROVAL.—A plan submitted by a 

24 State pursuant to section 2101(d), 4103(d), or 9302 shall 

25 be deemed to be approved by the Secretary unless— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
739 

•S 1177 PCS

1 ‘‘(1) the Secretary makes a written determina2 tion, prior to the expiration of the 90-day period be3 ginning on the date on which the Secretary received 

4 the plan, that the plan is not in compliance with sec5 tion 2101(d) or 4103(d) or part C, respectively; and 

6 ‘‘(2) the Secretary presents substantial evidence 

7 that clearly demonstrates that such State plan does 

8 not meet the requirements of section 2101(d) or 

9 4103(d) or part C, respectively. 

10 ‘‘(b) DISAPPROVAL PROCESS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall not fi12 nally disapprove a plan submitted under section 

13 2101(d), 4103(d), or 9302, except after giving the 

14 State educational agency notice and an opportunity 

15 for a hearing. 

16 ‘‘(2) NOTIFICATIONS.—If the Secretary finds 

17 that the plan is not in compliance, in whole or in 

18 part, with section 2101(d) or 4103(d) or part C, as 

19 applicable, the Secretary shall– 

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

21 determination; 

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

23 specific provisions of the plan that the Sec24 retary determines fail to meet the requirements, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
740 

•S 1177 PCS

1 in whole or in part, of such section or part, as 

2 applicable; 

3 ‘‘(C) offer the State an opportunity to re4 vise and resubmit its plan within 45 days of 

5 such determination, including the chance for 

6 the State to present substantial evidence to 

7 clearly demonstrate that the State plan meets 

8 the requirements of such section or part, as ap9 plicable; 

10 ‘‘(D) provide technical assistance, upon re11 quest of the State, in order to assist the State 

12 to meet the requirements of such section or 

13 part, as applicable; 

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

15 days of the plan’s resubmission under subpara16 graph (C), with public notice provided not less 

17 than 15 days before such hearing, unless a 

18 State declines the opportunity for such public 

19 hearing; and 

20 ‘‘(F) request additional information, only 

21 as to the noncompliant provisions, needed to 

22 make the plan compliant. 

23 ‘‘(3) RESPONSE.—If the State educational 

24 agency responds to the Secretary’s notification de25 scribed in paragraph (2)(A) during the 45-day peVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00740 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
741 

•S 1177 PCS

1 riod beginning on the date on which the State edu2 cational agency received the notification, and resub3 mits the plan with the requested information de4 scribed in paragraph (2)(B), the Secretary shall ap5 prove or disapprove such plan prior to the later of— 

6 ‘‘(A) the expiration of the 45-day period 

7 beginning on the date on which the plan is re8 submitted; or 

9 ‘‘(B) the expiration of the 90-day period 

10 described in subsection (a). 

11 ‘‘(4) FAILURE TO RESPOND.—If the State edu12 cational agency does not respond to the Secretary’s 

13 notification described in paragraph (2)(A) during 

14 the 45-day period beginning on the date on which 

15 the State educational agency received the notifica16 tion, such plan shall be deemed to be disapproved. 

17 ‘‘(c) PEER-REVIEW REQUIREMENTS.—Notwith18 standing any other requirements of this part, the Sec19 retary shall ensure that any portion of a consolidated 

20 State plan that is related to part A of title I is subject 

21 to the peer-review process described in section 1111(a)(3). 

22 ‘‘SEC. 9452. APPROVAL AND DISAPPROVAL OF LOCAL EDU23 CATIONAL AGENCY APPLICATIONS. 

24 ‘‘(a) DEEMED APPROVAL.—An application submitted 

25 by a local educational agency pursuant to section 2102(b), 


asabaliauskas on DSK5VPTVN1PROD with BILLS
742 

•S 1177 PCS

1 4104(b), or 9305 shall be deemed to be approved by the 

2 State educational agency unless— 

3 ‘‘(1) the State educational agency makes a writ4 ten determination, prior to the expiration of the 90- 

5 day period beginning on the date on which the State 

6 educational agency received the application, that the 

7 application is not in compliance with section 2102(b) 

8 or 4104(b), or part C, respectively; and 

9 ‘‘(2) the State presents substantial evidence 

10 that clearly demonstrates that such application does 

11 not meet the requirements of section 2102(b) or 

12 4104(b), or part C, respectively. 

13 ‘‘(b) DISAPPROVAL PROCESS.— 

14 ‘‘(1) IN GENERAL.—The State educational 

15 agency shall not finally disapprove an application 

16 submitted under section 2102(b), 4104(b), or 9305 

17 except after giving the local educational agency no18 tice and opportunity for a hearing. 

19 ‘‘(2) NOTIFICATIONS.—If the State educational 

20 agency finds that the application submitted under 

21 section 2102(b), 4104(b), or 9305 is not in compli22 ance, in whole or in part, with section 2102(b) or 

23 4104(b), or part C, respectively, the State edu24 cational agency shall— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
743 

•S 1177 PCS

1 ‘‘(A) immediately notify the local edu2 cational agency of such determination; 

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

4 specific provisions of the application that the 

5 State determines fail to meet the requirements, 

6 in whole or in part, of such section or part, as 

7 applicable; 

8 ‘‘(C) offer the local educational agency an 

9 opportunity to revise and resubmit its applica10 tion within 45 days of such determination, in11 cluding the chance for the local educational 

12 agency to present substantial evidence to clearly 

13 demonstrate that the application meets the re14 quirements of such section or part; 

15 ‘‘(D) provide technical assistance, upon re16 quest of the local educational agency, in order 

17 to assist the local educational agency to meet 

18 the requirements of such section or part, as ap19 plicable; 

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

21 days of the application’s resubmission under 

22 subparagraph (C), with public notice provided 

23 not less than 15 days before such hearing, un24 less a local educational agency declines the op25 portunity for such public hearing; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
744 

•S 1177 PCS

1 ‘‘(F) request additional information, only 

2 as to the noncompliant provisions, needed to 

3 make the application compliant. 

4 ‘‘(3) RESPONSE.—If the local educational agen5 cy responds to the State educational agency’s notifi6 cation described in paragraph (2)(B) during the 45- 

7 day period beginning on the date on which the local 

8 educational agency received the notification, and re9 submits the application with the requested informa10 tion described in paragraph (2)(C), the State edu11 cational agency shall approve or disapprove such ap12 plication prior to the later of— 

13 ‘‘(A) the expiration of the 45-day period 

14 beginning on the date on which the application 

15 is resubmitted; or 

16 ‘‘(B) the expiration of the 90-day period 

17 described in subsection (a). 

18 ‘‘(4) FAILURE TO RESPOND.—If the local edu19 cational agency does not respond to the State edu20 cational agency’s notification described in paragraph 

21 (2)(B) during the 45-day period beginning on the 

22 date on which the local educational agency received 

23 the notification, such application shall be deemed to 

24 be disapproved.’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
745 

•S 1177 PCS

1 SEC. 9107. PARTICIPATION BY PRIVATE SCHOOL CHILDREN 

2 AND TEACHERS. 

3 Section 9501 (20 U.S.C. 7881) is amended— 

4 (1) in subsection (b)— 

5 (A) in paragraph (1), by striking subpara6 graphs (A) through (H) and inserting the fol7 lowing: 

8 ‘‘(A) part C of title I; 

9 ‘‘(B) part A of title II; 

10 ‘‘(C) part A of title III; and 

11 ‘‘(D) title IV.’’; and 

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

13 (2) in subsection (c)(1)— 

14 (A) in subparagraph (E)— 

15 (i) by striking ‘‘and the amount’’ and 

16 inserting ‘‘, the amount’’; and 

17 (ii) by striking ‘‘services; and’’ and in18 serting ‘‘services, and how that amount is 

19 determined;’’; 

20 (B) in subparagraph (F), by striking the 

21 period at the end and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(G) whether the agency, consortium, or 

24 entity shall provide services directly or assign 

25 responsibility for the provision of services to a 


asabaliauskas on DSK5VPTVN1PROD with BILLS
746 

•S 1177 PCS

1 separate government agency, consortium, or en2 tity, or to a third-party contractor.’’. 

3 SEC. 9108. MAINTENANCE OF EFFORT. 

4 Section 9521 (20 U.S.C. 7901) is amended— 

5 (1) in subsection (a), by inserting ‘‘, subject to 

6 the requirements of subsection (b)’’ after ‘‘for the 

7 second preceding fiscal year’’; 

8 (2) in subsection (b)(1), by inserting before the 

9 period at the end the following: ‘‘, if such local edu10 cational agency has also failed to meet such require11 ment (as determined using the measure most favor12 able to the local agency) for 1 or more of the 5 im13 mediately preceding fiscal years’’; and 

14 (3) in subsection (c)(1), by inserting ‘‘or a 

15 change in the organizational structure of the local 

16 educational agency’’ after ‘‘, such as a natural dis17 aster’’. 

18 SEC. 9109. SCHOOL PRAYER. 

19 Section 9524(a) (20 U.S.C. 7904(a)) is amended by 

20 striking ‘‘on the Internet’’ and inserting ‘‘by electronic 

21 means, including by posting the guidance on the Depart22 ment’s website in a clear and easily accessible manner’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
747 

•S 1177 PCS

1 SEC. 9110. PROHIBITIONS ON FEDERAL GOVERNMENT AND 

2 USE OF FEDERAL FUNDS. 

3 Section 9527 (20 U.S.C. 7907) is amended to read 

4 as follows: 

5 ‘‘SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND 

6 USE OF FEDERAL FUNDS. 

7 ‘‘(a) GENERAL PROHIBITION.— 

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

9 be construed to authorize an officer or employee of 

10 the Federal Government, through grants, contracts, 

11 or other cooperative agreements (including as a con12 dition of any waiver provided under section 9401) 

13 to— 

14 ‘‘(A) mandate, direct, or control a State, 

15 local educational agency, or school’s curriculum, 

16 program of instruction, instructional content, 

17 specific academic standards or assessments, or 

18 allocation of State or local resources, or man19 date a State or any subdivision thereof to spend 

20 any funds or incur any costs not paid for under 

21 this Act; 

22 ‘‘(B) incentivize a State, local educational 

23 agency, or school to adopt any specific instruc24 tional content, academic standards, academic 

25 assessments, curriculum, or program of instruc26 tion, including by providing any priority, prefVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00747 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
748 

•S 1177 PCS

1 erence, or special consideration during the ap2 plication process for any grant, contract, or co3 operative agreement that is based on the adop4 tion of any specific instructional content, aca5 demic standards, academic assessments, cur6 riculum, or program of instruction; or 

7 ‘‘(C) make financial support available in a 

8 manner that is conditioned upon a State, local 

9 educational agency, or school’s adoption of any 

10 specific instructional content, academic stand11 ards, academic assessments, curriculum, or pro12 gram of instruction (such as the Common Core 

13 State Standards developed under the Common 

14 Core State Standards Initiative, any other 

15 standards common to a significant number of 

16 States, or any specific assessment, instructional 

17 content, or curriculum aligned to such stand18 ards). 

19 ‘‘(b) PROHIBITION ON ENDORSEMENT OF CUR20 RICULUM.—Notwithstanding any other prohibition of Fed21 eral law, no funds provided to the Department under this 

22 Act may be used by the Department directly or indirectly, 

23 including through any grant, contract, cooperative agree24 ment, or waiver provided by the Secretary under section 

25 9401, to endorse, approve, or sanction any curriculum (inVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00748 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
749 

•S 1177 PCS

1 cluding the alignment of such curriculum to any specific 

2 academic standard) designed to be used in an early child3 hood education program, elementary school, secondary 

4 school, or institution of higher education. 

5 ‘‘(c) PROHIBITION ON REQUIRING FEDERAL AP6 PROVAL OR CERTIFICATION OF STANDARDS.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding any other 

8 provision of Federal law, no State shall be required 

9 to have academic content or academic achievement 

10 standards approved or certified by the Federal Gov11 ernment, in order to receive assistance under this 

12 Act. 

13 ‘‘(2) RULES OF CONSTRUCTION.— 

14 ‘‘(A) APPLICABILITY.—Nothing in this 

15 subsection shall be construed to affect require16 ments under title I. 

17 ‘‘(B) STATE OR LOCAL AUTHORITY.— 

18 Nothing in this section shall be construed to 

19 prohibit a State, local educational agency, or 

20 school from using funds provided under this Act 

21 for the development or implementation of any 

22 instructional content, academic standards, aca23 demic assessments, curriculum, or program of 

24 instruction that a State, local educational agen25 cy, or school chooses, as permitted under State 


asabaliauskas on DSK5VPTVN1PROD with BILLS
750 

•S 1177 PCS

1 and local law, as long as the use of such funds 

2 is consistent with the terms of the grant, con3 tract, or cooperative agreement providing such 

4 funds. 

5 ‘‘(3) BUILDING STANDARDS.—Nothing in this 

6 Act shall be construed to mandate national school 

7 building standards for a State, local educational 

8 agency, or school.’’. 

9 SEC. 9111. ARMED FORCES RECRUITER ACCESS TO STU10 DENTS AND STUDENT RECRUITING INFORMA11 TION. 

12 Section 9528 (20 U.S.C. 7908) is amended by strik13 ing subsection (d). 

14 SEC. 9112. PROHIBITION ON FEDERALLY SPONSORED TEST15 ING. 

16 Section 9529 (20 U.S.C. 7909) is amended to read 

17 as follows: 

18 ‘‘SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED 

19 TESTING. 

20 ‘‘(a) GENERAL PROHIBITION.—Notwithstanding any 

21 other provision of Federal law and except as provided in 

22 subsection (b), no funds provided under this Act to the 

23 Secretary or to the recipient of any award may be used 

24 to develop, incentivize, pilot test, field test, implement, ad25 minister, or distribute any federally sponsored national 


asabaliauskas on DSK5VPTVN1PROD with BILLS
751 

•S 1177 PCS

1 test in reading, mathematics, or any other subject, unless 

2 specifically and explicitly authorized by law, including any 

3 assessment or testing materials aligned to the Common 

4 Core State Standards developed under the Common Core 

5 State Standards Initiative or any other academic stand6 ards common to a significant number of States. 

7 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

8 international comparative assessments developed under 

9 the authority of section 153(a)(5) of the Education 

10 Sciences Reform Act of 2002 and administered to only a 

11 representative sample of pupils in the United States and 

12 in foreign nations. 

13 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to prohibit a State, local edu15 cational agency, or school from using funds provided 

16 under this Act for the development or implementation of 

17 any instructional content, academic standards, academic 

18 assessments, curriculum, or program of instruction that 

19 a State or local educational agency or school chooses, as 

20 permitted under State and local law, as long as the use 

21 of such funds is consistent with the terms of the grant, 

22 contract, or cooperative agreement providing such funds.’’. 

23 SEC. 9113. LIMITATIONS ON NATIONAL TESTING OR CER24 TIFICATION FOR TEACHERS. 

25 Section 9530(a) (20 U.S.C. 7910(a)) is amended— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
752 

•S 1177 PCS

1 (1) by inserting ‘‘, principals,’’ after ‘‘teachers’’; 

2 and 

3 (2) by inserting ‘‘, or incentive regarding,’’ 

4 after ‘‘administration of’’. 

5 SEC. 9114. CONSULTATION WITH INDIAN TRIBES AND TRIB6 AL ORGANIZATIONS. 

7 Subpart 2 of part F of title IX (20 U.S.C. 7901 et 

8 seq.), as amended by section 4001(3), and redesignated 

9 by section 9106(1), is further amended by adding at the 

10 end the following: 

11 ‘‘SEC. 9538. CONSULTATION WITH INDIAN TRIBES AND 

12 TRIBAL ORGANIZATIONS. 

13 ‘‘(a) IN GENERAL.—To ensure timely and meaning14 ful consultation on issues affecting American Indian and 

15 Alaska Native students, an affected local educational 

16 agency shall consult with appropriate officials from Indian 

17 tribes or tribal organizations approved by the tribes lo18 cated in the area served by the local educational agency 

19 during the design and development of the affected local 

20 educational agency’s programs under this Act, with the 

21 overarching goal of meeting the unique cultural, language, 

22 and educational needs of American Indian and Alaska Na23 tive students. 

24 ‘‘(b) TIMING.—The consultation described in sub25 section (a) shall include meetings of officials from the afVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00752 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
753 

•S 1177 PCS

1 fected local educational agency and the tribes or tribal or2 ganizations approved by the tribes and shall occur before 

3 the affected local educational agency makes any decision 

4 regarding how the needs of American Indian and Alaska 

5 Native children will be met in covered programs or in serv6 ices or activities provided under title VII. 

7 ‘‘(c) DOCUMENTATION.—Each affected local edu8 cational agency shall maintain in the agency’s records and 

9 provide to the State educational agency a written affirma10 tion signed by officials of the participating tribes or tribal 

11 organizations approved by the tribes that the consultation 

12 required by this section has occurred. If such officials do 

13 not provide such affirmation within a reasonable period 

14 of time, the affected local educational agency shall forward 

15 documentation that such consultation has taken place to 

16 the State educational agency. 

17 ‘‘(d) AFFECTED LOCAL EDUCATIONAL AGENCY.—In 

18 this section, the term ‘affected local educational agency 

19 ’ means a local educational agency— 

20 ‘‘(1) with an enrollment of American Indian or 

21 Alaska Native students that is not less than 50 per22 cent of the total enrollment of the local educational 

23 agency; or 

24 ‘‘(2) with an enrollment of not less than 50 

25 American Indian or Alaska Native students.’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
754 

•S 1177 PCS

1 SEC. 9115. OUTREACH AND TECHNICAL ASSISTANCE FOR 

2 RURAL LOCAL EDUCATIONAL AGENCIES. 

3 Subpart 2 of part F of title IX (20 U.S.C. 7901 et 

4 seq.), as amended by sections 4001(3) and 9114, and re5 designated by section 9106(1), is further amended by add6 ing at the end the following: 

7 ‘‘SEC. 9539. OUTREACH AND TECHNICAL ASSISTANCE FOR 

8 RURAL LOCAL EDUCATIONAL AGENCIES. 

9 ‘‘(a) OUTREACH.—The Secretary shall engage in out10 reach to rural local educational agencies regarding oppor11 tunities to apply for competitive grant programs under 

12 this Act. 

13 ‘‘(b) TECHNICAL ASSISTANCE.—If requested to do 

14 so, the Secretary shall provide technical assistance to rural 

15 local educational agencies with locale codes 32, 33, 41, 42, 

16 or 43, or an educational service agency representing rural 

17 local educational agencies with locale codes 32, 33, 41, 42, 

18 or 43 on applications or pre-applications for any competi19 tive grant program under this Act. No rural local edu20 cational agency or educational service agency shall be re21 quired to request technical assistance or include any tech22 nical assistance provided by the Secretary in any applica23 tion.’’. 

24 SEC. 9116. EVALUATIONS. 

25 Section 9601 (20 U.S.C. 7941) is amended to read 

26 as follows: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
755 

•S 1177 PCS

1 ‘‘SEC. 9601. EVALUATIONS. 

2 ‘‘(a) RESERVATION OF FUNDS.—Except as provided 

3 in subsection (b) and (e), the Secretary, in consultation 

4 with the Director of the Institute of Education Sciences, 

5 may reserve not more than 0.5 percent of the amount ap6 propriated for each program authorized under this Act to 

7 carry out activities under this section. If the Secretary 

8 elects to make a reservation under this subsection, the re9 served amounts— 

10 ‘‘(1) shall first be used by the Secretary, acting 

11 through the Director of the Institute of Education 

12 Sciences, to— 

13 ‘‘(A) conduct comprehensive, high-quality 

14 evaluations of the programs that— 

15 ‘‘(i) are consistent with the evaluation 

16 plan under subsection (d); and 

17 ‘‘(ii) primarily include impact evalua18 tions that use experimental or quasi-experi19 mental designs, where practicable and ap20 propriate, and other rigorous methodolo21 gies that permit the strongest possible 

22 causal inferences; 

23 ‘‘(B) conduct studies of the effectiveness of 

24 the programs and the administrative impact of 

25 the programs on schools and local educational 

26 agencies; and 


asabaliauskas on DSK5VPTVN1PROD with BILLS
756 

•S 1177 PCS

1 ‘‘(C) widely disseminate evaluation findings 

2 under this section related to programs author3 ized under this Act— 

4 ‘‘(i) in a timely fashion; 

5 ‘‘(ii) in forms that are understand6 able, easily accessible, and usable, or 

7 adaptable for use in, the improvement of 

8 educational practice; 

9 ‘‘(iii) through electronic transfer and 

10 other means, such as posting, as available, 

11 to the websites of State educational agen12 cies, local educational agencies, the Insti13 tute of Education Sciences, or the Depart14 ment, or in another relevant place; and 

15 ‘‘(iv) in a manner that promotes the 

16 utilization of such findings; and 

17 ‘‘(2) may be used by the Secretary, acting 

18 through the Director of the Institute of Education 

19 Sciences— 

20 ‘‘(A) to evaluate the aggregate short- and 

21 long-term effects and cost efficiencies across— 

22 ‘‘(i) Federal programs assisted or au23 thorized under this Act; and 

24 ‘‘(ii) related Federal early childhood 

25 education programs, preschool programs, 


asabaliauskas on DSK5VPTVN1PROD with BILLS
757 

•S 1177 PCS

1 elementary school programs, and secondary 

2 school programs, under any other Federal 

3 law; 

4 ‘‘(B) to increase the usefulness of the eval5 uations conducted under this section by improv6 ing the quality, timeliness, efficiency, and use of 

7 information relating to performance to promote 

8 continuous improvement of programs assisted 

9 or authorized under this Act; and 

10 ‘‘(C) to assist recipients of grants under 

11 such programs in collecting and analyzing data 

12 and other activities related to conducting high13 quality evaluations under paragraph (1). 

14 ‘‘(b) TITLE I.—The Secretary, acting through the Di15 rector of the Institute of Education Sciences, shall use 

16 funds authorized under section 1002(e) to carry out eval17 uation activities under this section related to title I, and 

18 shall not reserve any other money from such title for eval19 uation. 

20 ‘‘(c) CONSOLIDATION.—Notwithstanding any other 

21 provision of this section or section 1002(e), the Secretary, 

22 in consultation with the Director of the Institute of Edu23 cation Sciences— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
758 

•S 1177 PCS

1 ‘‘(1) may consolidate the funds reserved under 

2 subsections (a) and (b) for purposes of carrying out 

3 the activities under subsection (a)(1); and 

4 ‘‘(2) shall not be required to evaluate under 

5 subsection (a)(1) each program authorized under 

6 this Act each year. 

7 ‘‘(d) EVALUATION PLAN.—The Director of the Insti8 tute of Education Sciences, shall, on a biennial basis, de9 velop, submit to Congress, and make publicly available an 

10 evaluation plan, that— 

11 ‘‘(1) describes the specific activities that will be 

12 carried out under subsection (a) for the 2-year pe13 riod applicable to the plan, and the timelines of such 

14 activities; 

15 ‘‘(2) contains the results of the activities car16 ried out under subsection (a) for the most recent 2- 

17 year period; and 

18 ‘‘(3) describes how programs authorized under 

19 this Act will be regularly evaluated. 

20 ‘‘(e) EVALUATION ACTIVITIES AUTHORIZED ELSE21 WHERE.—If, under any other provision of this Act, funds 

22 are authorized to be reserved or used for evaluation activi23 ties with respect to a program, the Secretary may not re24 serve additional funds under this section for the evaluation 

25 of that program.’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
759 

•S 1177 PCS

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— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
760 

•S 1177 PCS

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. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
761 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
762 

•S 1177 PCS

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 greater 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)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
763 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
764 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
765 

•S 1177 PCS

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 agenVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00765 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
766 

•S 1177 PCS

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 


asabaliauskas on DSK5VPTVN1PROD with BILLS
767 

•S 1177 PCS

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 

9 ‘‘(7) respond to inquiries from parents and 

10 guardians of homeless children and youths, including 

11 (in the case of unaccompanied youths) such youths, 

12 to ensure that each child or youth who is the subject 

13 of such an inquiry receives the full protections and 

14 services provided by this subtitle.’’; 

15 (6) in subsection (g)— 

16 (A) in paragraph (1)— 

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

18 ‘‘achievement’’; 

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

20 ‘‘special’’; 

21 (iii) in subparagraph (D)— 

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

23 all that follows through ‘‘personnel)’’ 

24 and inserting ‘‘(including liaisons des25 ignated under subparagraph (J)(ii), 


asabaliauskas on DSK5VPTVN1PROD with BILLS
768 

•S 1177 PCS

1 principals and school leaders, attend2 ance officers, teachers, enrollment 

3 personnel, and specialized instruc4 tional support personnel)’’; and 

5 (II) by striking ‘‘of runaway and 

6 homeless youths’’ and inserting ‘‘of 

7 homeless children and youths, includ8 ing such children and youths who are 

9 runaway and homeless youths’’; 

10 (iv) in subparagraph (E), by striking 

11 ‘‘food’’ and inserting ‘‘nutrition’’; 

12 (v) in subparagraph (F)— 

13 (I) in clause (i), by striking 

14 ‘‘equal’’ and all that follows and in15 serting ‘‘access to the same public 

16 preschool programs, administered by 

17 the State educational agency or local 

18 educational agency, as are provided to 

19 other children in the State, including 

20 ensuring that access by having the ad21 ministering agency carry out the poli22 cies and practices required under 

23 paragraph (3);’’; 

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

25 ‘‘services; and’’ and inserting ‘‘servVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00768 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
769 

•S 1177 PCS

1 ices, including through the implemen2 tation of policies and practices to en3 sure that youths described in this 

4 clause are able to receive appropriate 

5 credit for full or partial coursework 

6 satisfactorily completed while attend7 ing a prior school, in accordance with 

8 State, local, and school policies;’’; and 

9 (III) by striking clause (iii) and 

10 inserting the following: 

11 ‘‘(iii) homeless children and youths 

12 who meet the relevant eligibility criteria 

13 have access to magnet school, summer 

14 school, career and technical education, ad15 vanced placement, online learning, and 

16 charter school programs, if such programs 

17 are available at the State or local levels; 

18 and 

19 ‘‘(iv) the State educational agency and 

20 local educational agencies will adopt poli21 cies and practices to promote school suc22 cess for homeless children and youth, in23 cluding providing access to full participa24 tion in the academic and extracurricular 

25 activities that are made available to stuVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00769 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
770 

•S 1177 PCS

1 dents who are not homeless children and 

2 youth.’’; 

3 (vi) in subparagraph (H)(i), by strik4 ing ‘‘medical’’ and inserting ‘‘other 

5 health’’; 

6 (vii) in subparagraph (I)— 

7 (I) by striking ‘‘enrollment’’ and 

8 inserting ‘‘identification of homeless 

9 children and youths, and the enroll10 ment,’’; and 

11 (II) by striking ‘‘State.’’ and in12 serting ‘‘State, including barriers re13 lated to fees, fines, absences, and 

14 credit accrual policies.’’; and 

15 (viii) in subparagraph (J)— 

16 (I) in clause (ii), by striking ‘‘to 

17 carry out’’ and inserting ‘‘and assur18 ances that the liaison will have suffi19 cient training and time to carry out’’; 

20 and 

21 (II) in clause (iii), in the matter 

22 preceding subclause (I), by striking 

23 ‘‘origin, as determined in paragraph 

24 (3)(A),’’ and inserting ‘‘origin (within 


asabaliauskas on DSK5VPTVN1PROD with BILLS
771 

•S 1177 PCS

1 the meaning of paragraph (3)(A)), 

2 which may include a preschool,’’; and 

3 (III) in subclauses (I) and (II) of 

4 clause (iii), by striking ‘‘homeless’’ 

5 each place it appears; 

6 (B) in paragraph (3)— 

7 (i) in subparagraph (A)(i)(I), by strik8 ing ‘‘or’’ at the end and inserting ‘‘and’’; 

9 (ii) in subparagraph (B)— 

10 (I) by striking ‘‘BEST INTEREST’’ 

11 and inserting ‘‘SCHOOL STABILITY’’; 

12 (II) by redesignating clause (iii) 

13 as clause (iv); 

14 (III) by striking clauses (i) and 

15 (ii) and inserting the following: 

16 ‘‘(i) presume that keeping the child or 

17 youth in the school of origin is in the 

18 child’s or youth’s best interest, except 

19 when doing so is contrary to the request of 

20 the child’s or youth’s parent or guardian, 

21 or (in the case of an unaccompanied 

22 youth) the youth; 

23 ‘‘(ii) consider factors related to the 

24 child’s or youth’s best interest, including 

25 factors related to the impact of mobility on 


asabaliauskas on DSK5VPTVN1PROD with BILLS
772 

•S 1177 PCS

1 achievement, health, and safety of home2 less children and youth, giving priority to 

3 the request of the child’s or youth’s parent 

4 or guardian or (in the case of an unaccom5 panied youth) the youth; 

6 ‘‘(iii) if after carrying out clauses (i) 

7 and (ii) the local educational agency sends 

8 the child or youth to a school other than 

9 the school of origin or a school requested 

10 as described in clause (ii), provide a writ11 ten explanation, including a statement re12 garding the right to appeal under subpara13 graph (E), to the child’s or youth’s parent 

14 or guardian, or (in the case of an unac15 companied youth) the youth; and’’; and 

16 (IV) in that clause (iv), by insert17 ing ‘‘and takes into account’’ after 

18 ‘‘considers’’; 

19 (iii) by striking subparagraph (C) and 

20 inserting the following: 

21 ‘‘(C) IMMEDIATE ENROLLMENT.— 

22 ‘‘(i) IN GENERAL.—The school se23 lected in accordance with this paragraph 

24 shall immediately enroll the homeless child 

25 or youth, even if the child or youth— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
773 

•S 1177 PCS

1 ‘‘(I) is unable to produce records 

2 normally required for enrollment, such 

3 as previous academic records, records 

4 of immunization and other required 

5 health records, proof of residency, or 

6 other documentation; or 

7 ‘‘(II) has missed application or 

8 enrollment deadlines during any pe9 riod of homelessness. 

10 ‘‘(ii) RELEVANT ACADEMIC

11 RECORDS.—The enrolling school shall im12 mediately contact the school last attended 

13 by the child or youth to obtain relevant 

14 academic and other records. 

15 ‘‘(iii) RELEVANT HEALTH RECORDS.— 

16 If the child or youth needs to obtain immu17 nizations or health records, the enrolling 

18 school shall immediately refer the parent 

19 or guardian of the child or youth or (in the 

20 case of an unaccompanied youth) the 

21 youth, to the local educational agency liai22 son designated under paragraph (1)(J)(ii), 

23 who shall assist in obtaining necessary im24 munizations or screenings, or health 


asabaliauskas on DSK5VPTVN1PROD with BILLS
774 

•S 1177 PCS

1 records, in accordance with subparagraph 

2 (D).’’; 

3 (iv) in subparagraph (D)— 

4 (I) in the matter preceding clause 

5 (i), by striking ‘‘medical records’’ and 

6 inserting ‘‘health records’’; and 

7 (II) in clause (i), by inserting 

8 ‘‘involved’’ after ‘‘records’’; 

9 (v) in subparagraph (E)— 

10 (I) in the matter preceding clause 

11 (i), by striking ‘‘If’’ and all that fol12 lows through ‘‘school—’’ and inserting 

13 ‘‘If a dispute arises over eligibility for 

14 enrollment, school selection, or enroll15 ment in a public school, including a 

16 public preschool—’’; 

17 (II) in clause (i), by inserting be18 fore the semicolon the following: ‘‘, in19 cluding all available appeals’’; and 

20 (III) by striking clause (ii) and 

21 inserting the following: 

22 ‘‘(ii) the parent or guardian of the 

23 child or youth or (in the case of an unac24 companied youth) the youth shall be pro25 vided with a written explanation of any deVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00774 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
775 

•S 1177 PCS

1 cisions related to school selection or enroll2 ment made by the school, the local edu3 cational agency, or the State educational 

4 agency involved, including the rights of the 

5 parent, guardian, or unaccompanied youth 

6 to appeal such decisions;’’; 

7 (vi) by striking subparagraph (G) and 

8 inserting the following: 

9 ‘‘(G) PRIVACY.—Information about a 

10 homeless child’s or youth’s living situation shall 

11 be treated as a student education record, and 

12 not as directory information, under section 444 

13 of the General Education Provisions Act (20 

14 U.S.C. 1232g).’’; and 

15 (vii) by adding at the end the fol16 lowing: 

17 ‘‘(I) SCHOOL OF ORIGIN DEFINED.—In 

18 this paragraph: 

19 ‘‘(i) IN GENERAL.—The term ‘school 

20 of origin’ means the school that a child or 

21 youth attended when permanently housed 

22 or the school in which the child or youth 

23 was last enrolled. 

24 ‘‘(ii) RECEIVING SCHOOL.—In the 

25 case of a child or youth who completed the 


asabaliauskas on DSK5VPTVN1PROD with BILLS
776 

•S 1177 PCS

1 final grade level served by the school of or2 igin, as described in clause (i), the term 

3 ‘school of origin’ shall include the des4 ignated receiving school at the next grade 

5 level.’’; 

6 (C) in paragraph (4)— 

7 (i) in subparagraph (A), by inserting 

8 before the period the following ‘‘, which 

9 may include transportation to a pre10 school’’; 

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

12 ‘‘and educational’’ and all that follows and 

13 inserting ‘‘educational programs for 

14 English learners, charter school programs, 

15 and magnet school programs.’’; and 

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

17 ‘‘vocational’’ and inserting ‘‘career’’; 

18 (D) in paragraph (5)— 

19 (i) in subparagraph (A)— 

20 (I) in clause (i), by striking ‘‘pro21 grams providing’’ and inserting ‘‘enti22 ties providing’’; and 

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

24 ‘‘such as transportation or’’ and inVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00776 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
777 

•S 1177 PCS

1 serting ‘‘including transportation 

2 and’’; 

3 (ii) in subparagraph (C)— 

4 (I) by redesignating clauses (i) 

5 and (ii) as clauses (ii) and (iii), re6 spectively; 

7 (II) by inserting before clause 

8 (ii), as redesignated by subclause (I), 

9 the following: 

10 ‘‘(i) ensure that all homeless children 

11 and youths are promptly identified;’’; and 

12 (III) in clause (ii), as redesig13 nated by subclause (I), by striking 

14 ‘‘have access and’’ and inserting 

15 ‘‘have access to and are in’’; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(D) HOMELESS CHILDREN AND YOUTHS

19 WITH DISABILITIES.—For children and youths 

20 who are to be assisted both under this subtitle, 

21 and under the Individuals with Disabilities 

22 Education Act (20 U.S.C. 1400 et seq.), each 

23 local educational agency shall coordinate the 

24 provision of services under this subtitle with the 

25 provision of programs for children with disabilVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00777 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
778 

•S 1177 PCS

1 ities served by that local educational agency and 

2 other involved local educational agencies.’’; 

3 (E) in paragraph (6)— 

4 (i) in subparagraph (A)— 

5 (I) by redesignating clauses (iv) 

6 through (vii) as clauses (v) through 

7 (viii), respectively; 

8 (II) by striking clause (iii) and 

9 inserting the following: 

10 ‘‘(iii) homeless families and homeless 

11 children and youths have access to and re12 ceive educational services for which such 

13 families, children, and youths are eligible, 

14 including services through Head Start pro15 grams (including Early Head Start pro16 grams) under the Head Start Act (42 

17 U.S.C. 9831 et seq.), early intervention 

18 services under part C of the Individuals 

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

20 1431 et seq.), and other preschool pro21 grams administered by the local edu22 cational agency; 

23 ‘‘(iv) homeless families and homeless 

24 children and youths receive referrals to 

25 health care services, dental services, mental 


asabaliauskas on DSK5VPTVN1PROD with BILLS
779 

•S 1177 PCS

1 health and substance abuse services, hous2 ing services, and other appropriate serv3 ices;’’; 

4 (III) by striking clause (vi), as 

5 redesignated by subclause (I), and in6 serting the following: 

7 ‘‘(vi) public notice of the educational 

8 rights of homeless children and youths is 

9 disseminated in locations frequented by 

10 parents and guardians of such children 

11 and youths, and unaccompanied youths, in12 cluding schools, shelters, public libraries, 

13 and soup kitchens, in a manner and form 

14 understandable to the parents and guard15 ians of homeless children and youths, and 

16 unaccompanied youths;’’; 

17 (IV) in clause (vii), as redesig18 nated by subclause (I), by striking 

19 ‘‘and’’ at the end; 

20 (V) in clause (viii), as redesig21 nated by subclause (I), by striking the 

22 period and inserting a semicolon; and 

23 (VI) by adding at the end the fol24 lowing: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
780 

•S 1177 PCS

1 ‘‘(ix) school personnel providing serv2 ices under this subtitle receive professional 

3 development and other support; and 

4 ‘‘(x) unaccompanied youths— 

5 ‘‘(I) are enrolled in school; 

6 ‘‘(II) have opportunities to meet 

7 the same challenging State academic 

8 standards as the State establishes for 

9 other children and youth, including 

10 through implementation of the proce11 dures under paragraph (1)(F)(ii); and 

12 ‘‘(III) are informed of their sta13 tus as independent students under 

14 section 480 of the Higher Education 

15 Act of 1965 (20 U.S.C. 1087vv) and 

16 may obtain assistance to receive 

17 verification of such status for pur18 poses of the Free Application for Fed19 eral Student Aid described in section 

20 483 of such Act (20 U.S.C. 1090).’’; 

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

22 ‘‘and advocates’’ and all that follows and 

23 inserting ‘‘advocates working with home24 less families, parents and guardians of 

25 homeless children and youths, and homeVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00780 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
781 

•S 1177 PCS

1 less children and youths who are in sec2 ondary school, of the duties of the local 

3 educational agency liaisons, and publish an 

4 annually updated list of the liaisons on the 

5 State educational agency’s website.’’; 

6 (iii) in subparagraph (C), by adding 

7 at the end the following: ‘‘Such coordina8 tion shall include collecting and providing 

9 to the State coordinator the reliable, valid, 

10 and comprehensive information and data 

11 needed to meet the requirements of para12 graphs (1) and (3) of subsection (f).’’; and 

13 (iv) by adding at the end the fol14 lowing: 

15 ‘‘(D) PROFESSIONAL DEVELOPMENT.—As 

16 determined appropriate by the State coordi17 nator, the local educational agency liaisons shall 

18 participate in the professional development ac19 tivities provided, and other technical assistance 

20 activities provided pursuant to paragraphs (5) 

21 and (6) of subsection (f), by the State coordi22 nator.’’; and 

23 (F) in paragraph (7)— 

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

25 ‘‘that receives’’ and all that follows 


asabaliauskas on DSK5VPTVN1PROD with BILLS
782 

•S 1177 PCS

1 through ‘‘enrollment’’ and inserting ‘‘shall 

2 review and revise any policies that may act 

3 as barriers to the identification of homeless 

4 children and youths or enrollment’’; and 

5 (ii) in subparagraph (C), by striking 

6 ‘‘enrollment’’ and inserting ‘‘identification, 

7 enrollment,’’; and 

8 (7) by striking subsection (h). 

9 SEC. 10103. LOCAL EDUCATIONAL AGENCY SUBGRANTS. 

10 Section 723 of the McKinney-Vento Homeless Assist11 ance Act (42 U.S.C. 11433) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1), by inserting ‘‘identi14 fication of homeless children and youths and’’ 

15 before ‘‘enrollment,’’; and 

16 (B) in paragraph (2)(B), in the matter 

17 preceding clause (i), by inserting ‘‘the related’’ 

18 before ‘‘schools’’; 

19 (2) in subsection (b), by adding at the end the 

20 following: 

21 ‘‘(6) An assurance that the local educational 

22 agency will collect and promptly provide the infor23 mation and data requested by the State coordinator 

24 pursuant to paragraphs (1) and (3) of section 

25 722(f). 


asabaliauskas on DSK5VPTVN1PROD with BILLS
783 

•S 1177 PCS

1 ‘‘(7) An assurance that the applicant will meet 

2 the requirements of section 722(g)(3).’’; 

3 (3) in subsection (c)— 

4 (A) in paragraph (2)— 

5 (i) in the matter preceding subpara6 graph (A), by striking ‘‘preschool, elemen7 tary, and secondary schools’’ and inserting 

8 ‘‘early childhood education and other pre9 school programs, elementary schools, and 

10 secondary schools,’’; 

11 (ii) in subparagraph (A), by inserting 

12 ‘‘identification,’’ before ‘‘enrollment,’’; 

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

14 ‘‘application—’’ and all that follows and 

15 inserting ‘‘application reflects coordination 

16 with other local and State agencies that 

17 serve homeless children and youths.’’; and 

18 (iv) in subparagraph (C), by inserting 

19 ‘‘(as of the date of submission of the appli20 cation)’’ after ‘‘practice’’; 

21 (B) in paragraph (3)— 

22 (i) in subparagraph (C), by inserting 

23 ‘‘extent to which the applicant will promote 

24 meaningful’’ after ‘‘The’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
784 

•S 1177 PCS

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

2 ‘‘within’’ and inserting ‘‘into’’; 

3 (iii) by redesignating subparagraph 

4 (G) as subparagraph (I); 

5 (iv) by inserting after subparagraph 

6 (F) the following: 

7 ‘‘(G) The extent to which the local edu8 cational agency will use the subgrant to lever9 age resources. 

10 ‘‘(H) How the local educational agency 

11 uses funds to serve homeless children and 

12 youths under section 1113(a)(4) of the Elemen13 tary and Secondary Education Act of 1965 (20 

14 U.S.C. 6313(a)(4)).’’; and 

15 (v) in subparagraph (I), as redesig16 nated by clause (iii), by striking ‘‘Such’’ 

17 and inserting ‘‘The extent to which the ap18 plicant’s program meets such’’; and 

19 (4) in subsection (d)— 

20 (A) in paragraph (1), by striking ‘‘the 

21 same challenging State academic content stand22 ards and challenging State student academic 

23 achievement standards’’ and inserting ‘‘the 

24 same challenging State academic standards as’’; 

25 (B) in paragraph (2)— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
785 

•S 1177 PCS

1 (i) by striking ‘‘students with limited 

2 English proficiency’’ and inserting 

3 ‘‘English learners’’; and 

4 (ii) by striking ‘‘vocational’’ and in5 serting ‘‘career’’; 

6 (C) in paragraph (3), by striking ‘‘pupil 

7 services’’ and inserting ‘‘specialized instruc8 tional support services’’; 

9 (D) in paragraph (7), by striking ‘‘and un10 accompanied youths,’’ and inserting ‘‘particu11 larly homeless children and youths who are not 

12 enrolled in school,’’; 

13 (E) in paragraph (9), by striking ‘‘med14 ical’’ and inserting ‘‘other health’’; 

15 (F) by striking paragraph (10) and insert16 ing the following: 

17 ‘‘(10) The provision of education and training 

18 to the parents and guardians of homeless children 

19 and youths about the rights of, and resources avail20 able to, such children and youths, and the provision 

21 of other activities designed to increase the meaning22 ful involvement of parents and guardians of home23 less children or youths in the education of the chil24 dren or youths.’’; 


asabaliauskas on DSK5VPTVN1PROD with BILLS
786 

•S 1177 PCS

1 (G) in paragraph (12), by striking ‘‘pupil 

2 services’’ and inserting ‘‘specialized instruc3 tional support services’’; 

4 (H) in paragraph (13), by inserting before 

5 the period the following: ‘‘or parental mental 

6 health or substance abuse problems’’; and 

7 (I) in paragraph (16), by striking ‘‘to at8 tend school’’ and inserting ‘‘to enroll, attend, 

9 and succeed in school (including a preschool 

10 program)’’. 

11 SEC. 10104. SECRETARIAL RESPONSIBILITIES. 

12 Section 724 of the McKinney-Vento Homeless Assist13 ance Act (42 U.S.C. 11434) is amended— 

14 (1) by striking subsection (c) and inserting the 

15 following: 

16 ‘‘(c) NOTICE.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall, before 

18 the next school year that begins after the date of en19 actment of the Every Child Achieves Act of 2015, 

20 update and disseminate nationwide the public notice 

21 described in this subsection (as in effect prior to 

22 such date) of the educational rights of homeless chil23 dren and youths. 

24 ‘‘(2) DISSEMINATION.—The Secretary shall dis25 seminate the notice nationally to all Federal agenVerDate Sep 11 2014 22:29 May 01, 2015 Jkt 049200 PO 00000 Frm 00786 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.PCS S1177

asabaliauskas on DSK5VPTVN1PROD with BILLS
787 

•S 1177 PCS

1 cies, and grant recipients, serving homeless families 

2 or homeless children and youth.’’; 

3 (2) by striking subsection (d) and inserting the 

4 following: 

5 ‘‘(d) EVALUATION, DISSEMINATION, AND TECHNICAL

6 ASSISTANCE.—The Secretary shall conduct evaluation, 

7 dissemination, and technical assistance activities for pro8 grams designed to meet the educational needs of homeless 

9 elementary and secondary school students, and may use 

10 funds appropriated under section 726 to conduct such ac11 tivities.’’; 

12 (3) in subsection (f), by adding at the end the 

13 following: ‘‘The Secretary shall provide support and 

14 technical assistance to State educational agencies, 

15 concerning areas in which documented barriers to a 

16 free appropriate public education persist.’’; 

17 (4) by striking subsection (g) and inserting the 

18 following: 

19 ‘‘(g) GUIDELINES.—The Secretary shall develop, 

20 issue, and publish in the Federal Register, not later than 

21 60 days after the date of enactment of the Every Child 

22 Achieves Act of 2015, guidelines concerning ways in which 

23 a State— 


asabaliauskas on DSK5VPTVN1PROD with BILLS
788 

•S 1177 PCS

1 ‘‘(1) may assist local educational agencies to 

2 implement the provisions related to homeless chil3 dren and youth amended by that Act; and 

4 ‘‘(2) may review and revise State policies and 

5 procedures that may present barriers to the identi6 fication of homeless children and youth, and the en7 rollment, attendance, and success of homeless chil8 dren and youths in school.’’; 

9 (5) in subsection (h)— 

10 (A) in the matter preceding subparagraph 

11 (A), by striking ‘‘periodically’’ and inserting 

12 ‘‘periodically but not less frequently than once 

13 every 2 years,’’; 

14 (B) in subparagraph (A), by striking ‘‘lo15 cation’’ and all that follows and inserting ‘‘loca16 tion (in cases in which location can be identi17 fied) of homeless children and youth, in all 

18 areas served by local educational agencies under 

19 this subtitle;’’; 

20 (C) in subparagraph (C), by striking 

21 ‘‘and’’ at the end; 

22 (D) by redesignating subparagraph (D) as 

23 subparagraph (E); and 

24 (E) by inserting after subparagraph (C) 

25 the following: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
789 

•S 1177 PCS

1 ‘‘(D) the academic progress being made by 

2 homeless children and youth, including the per3 centage or number of homeless children and 

4 youth participating in State assessments under 

5 section 1111(b)(2) of the Elementary and Sec6 ondary Education Act of 1965 (20 U.S.C. 

7 6311(b)(2)); and’’; and 

8 (6) in subsection (i), by striking ‘‘McKinney9 Vento Homeless Education Assistance Improvements 

10 Act of 2001’’ and inserting ‘‘Every Child Achieves 

11 Act of 2015’’. 

12 SEC. 10105. DEFINITIONS. 

13 Section 725(6) of the McKinney-Vento Homeless As14 sistance Act (42 U.S.C. 11434a(6)) is amended by strik15 ing ‘‘youth’’ and inserting ‘‘homeless child or youth’’. 

16 SEC. 10106. AUTHORIZATION OF APPROPRIATIONS. 

17 Section 726 of the McKinney-Vento Homeless Assist18 ance Act (42 U.S.C. 11435) is amended to read as follows: 

19 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

20 ‘‘There are authorized to be appropriated to carry out 

21 this subtitle such sums as may be necessary for each of 

22 fiscal years 2016 through 2021.’’. 


asabaliauskas on DSK5VPTVN1PROD with BILLS
790 

•S 1177 PCS

1 PART B—OTHER LAWS; MISCELLANEOUS 

2 SEC. 10201. USE OF TERM HIGHLY QUALIFIED IN OTHER 

3 LAWS. 

4 Beginning on the date of the enactment of this Act, 

5 any reference in law to the term ‘‘highly qualified’’, as de6 fined in section 9101 of the Elementary and Secondary 

7 Education Act of 1965 (20 U.S.C. 7801), shall be treated 

8 as a reference to such term under section 9101 of the Ele9 mentary and Secondary Education Act of 1965 as in effect 

10 on the day before the date of the enactment of this Act. 


asabaliauskas on DSK5VPTVN1PROD with BILLS

asabaliauskas on DSK5VPTVN1PROD with BILLS
Calendar No. 63 

114TH CONGRESS 

1ST SESSION S. 1177 

A BILL 

To reauthorize the Elementary and Secondary Eduachieves. cation Act of 1965 to ensure that every child 

APRIL 30, 2015 

Read twice and placed on the calendar 


asabaliauskas on DSK5VPTVN1PROD with BILLS