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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3578 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 531
112th CONGRESS
  2nd Session
                                S. 3578

                          [Report No. 112-221]

      To amend the Elementary and Secondary Education Act of 1965.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2012

    Mr. Harkin, 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 amend the Elementary and Secondary Education Act of 1965.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elementary and Secondary Education 
Reauthorization Act of 2011''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Transition.
Sec. 5. Effective dates.
Sec. 6. Table of contents of the Elementary and Secondary Education Act 
                            of 1965.
Sec. 7. Authorization of appropriations.
    TITLE I--ENSURING COLLEGE AND CAREER READINESS FOR ALL STUDENTS

Sec. 1001. Purpose.
Sec. 1002. State reservations.
    Part A--Improving the Academic Achievement of the Disadvantaged

Sec. 1111. State and local requirements.
Sec. 1112. Local educational agency plans.
Sec. 1113. Eligible school attendance areas.
Sec. 1114. Schoolwide programs.
Sec. 1115. Targeted assistance schools.
Sec. 1116. School performance.
Sec. 1117. Blue ribbon schools.
Sec. 1118. Parent and family engagement.
Sec. 1119. Qualifications for teachers and paraprofessionals.
Sec. 1120. Technical correction regarding complaint process for section 
                            1120.
Sec. 1121. Comparability of services.
Sec. 1122. Coordination requirements.
Sec. 1123. Grants for the outlying areas and the Secretary of the 
                            Interior.
Sec. 1124. Allocations to States.
Sec. 1125. Education finance incentive grant program.
Sec. 1126. Grants for State assessments and related activities.
                      Part B--Pathways to College

Sec. 1201. Improving secondary schools.
Sec. 1202. Accelerated learning.
Sec. 1203. Reorganization.
                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. National activities.
Sec. 1309. Performance data; evaluations and study; State assistance.
Sec. 1310. Definitions.
Part D--Prevention and Intervention Programs for Children and Youth Who 
                 Are Neglected, Delinquent, or At-risk

Sec. 1401. Purpose and program authorization.
Sec. 1402. Allocation of funds.
Sec. 1403. State plan and State agency applications.
Sec. 1404. Use of funds.
Sec. 1405. Institution-wide projects.
Sec. 1406. Transition services.
Sec. 1407. Program evaluation.
Sec. 1408. Purpose of local agency programs.
Sec. 1409. Programs operated by local educational agencies.
Sec. 1410. Local educational agency applications.
Sec. 1411. Uses of funds.
Sec. 1412. Program requirements for correctional facilities receiving 
                            funds under this section.
Sec. 1413. Accountability.
Sec. 1414. Program evaluations.
Sec. 1415. Definitions.
        Part E--Educational Stability of Children in Foster Care

Sec. 1501. Educational stability of children in foster care.
                       Part F--General Provisions

Sec. 1601. Reorganization.
         TITLE II--SUPPORTING EXCELLENT TEACHERS AND PRINCIPALS

Sec. 2101. Supporting excellent teachers and principals.
   TITLE III--LANGUAGE AND ACADEMIC CONTENT INSTRUCTION FOR ENGLISH 
                    LEARNERS AND IMMIGRANT STUDENTS

Sec. 3001. Reorganization.
Sec. 3002. Purposes.
Sec. 3003. Formula grants to States.
Sec. 3004. Native American and Alaska Native children in school.
Sec. 3005. State educational agency plans.
Sec. 3006. Within-State allocations.
Sec. 3007. Subgrants to eligible entities.
Sec. 3008. Local plans.
Sec. 3009. Evaluations.
Sec. 3010. Reporting requirements.
Sec. 3011. Coordination with related programs.
Sec. 3012. Rules of construction.
Sec. 3013. Prohibition.
Sec. 3014. National activities.
Sec. 3015. Definitions.
Sec. 3016. Parental notification.
Sec. 3017. National Clearinghouse.
Sec. 3018. Regulations.
         TITLE IV--SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS

Sec. 4101. Redesignations.
Sec. 4102. Improving literacy instruction and student achievement.
Sec. 4103. Improving science, technology, engineering, and math 
                            instruction and student achievement.
Sec. 4104. Increasing access to a well-rounded education.
Sec. 4105. Successful, safe, and healthy students.
Sec. 4106. 21st Century Community Learning Centers.
Sec. 4107. Promise neighborhoods.
Sec. 4108. Parent and family information and resource centers.
Sec. 4108. Programs of national significance.
                     TITLE V--PROMOTING INNOVATION

Sec. 5001. Promoting innovation.
                        Part A--Race to the Top

Sec. 5101. Race to the Top.
                    Part B--Investing in Innovation

Sec. 5201. Investing in innovation.
                   Part C--Magnet Schools Assistance

Sec. 5301. Findings and purpose.
Sec. 5302. Program authorized.
Sec. 5303. Applications and requirements.
Sec. 5304. Priority.
Sec. 5305. Use of funds.
Sec. 5306. Limitations.
Sec. 5307. Evaluations.
Sec. 5308. Availability of funds for grants to agencies not previously 
                            assisted.
                     Part D--Public Charter Schools

Sec. 5401. Public charter schools.
                 Part E--Voluntary Public School Choice

Sec. 5501. Voluntary public school choice.
            TITLE VI--PROMOTING FLEXIBILITY; RURAL EDUCATION

Sec. 6101. Promoting flexibility.
Sec. 6102. Rural education.
Sec. 6103. General provisions.
    TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

                        Part A--Indian Education

Sec. 7101. Purpose.
        subpart 1--formula grants to local educational agencies

Sec. 7111. Formula grant purpose.
Sec. 7112. Grants to local educational agencies, tribes, and tribal 
                            organizations.
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.
    subpart 2--special programs and projects to improve educational 
              opportunities for indian children and youth

Sec. 7121 Special programs and projects to improve educational 
                            opportunities for Indian children and 
                            youth.
Sec. 7122. Improvement of educational opportunities for Indian children 
                            and youth.
Sec. 7123. Professional development for teachers and education 
                            professionals.
                     subpart 3--national activities

Sec. 7131. National activities.
                   subpart 4--federal administration

Sec. 7141. National Advisory Council on Indian Education.
        subpart 5--definitions; authorization of appropriations

Sec. 7151. Definitions; authorization of appropriations.
       Part B--Native Hawaiian Education; Alaska Native Education

Sec. 7201. Native Hawaiian education and Alaska Native education.
                  subpart 1--native hawaiian education

Sec. 7202. Findings.
Sec. 7203. Purposes.
Sec. 7204. Native Hawaiian Education Council.
Sec. 7205. Program authorized.
Sec. 7206. Administrative provisions.
Sec. 7207. Definitions.
                   subpart 2--alaska native education

Sec. 7301. Alaska Native education.
                         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. Construction.
Sec. 8005. Facilities.
Sec. 8006. Federal administration.
Sec. 8007. Definitions.
Sec. 8008. Conforming amendment.
Sec. 8009. Eligibility for impact aid payment.
                      TITLE IX--GENERAL PROVISIONS

Sec. 9101. Definitions.
Sec. 9102. Unsafe school choice option.
Sec. 9103. Evaluation authority.
Sec. 9104. Conforming amendments.
TITLE X--COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR 
                             PUBLIC SCHOOLS

Sec. 10011. Short title.
Sec. 10012. Definitions.
Sec. 10013. Establishment of Commission on Effective Regulation and 
                            Assessment Systems for Public Schools.
Sec. 10014. Powers of the Commission.
Sec. 10015. Duties of the Commission.
Sec. 10016. Commission personnel matters.
      TITLE XI--AMENDMENTS TO OTHER LAWS; MISCELLANEOUS PROVISIONS

                    Part A--Amendments to Other Laws

           subpart 1--mckinney-vento homeless assistance act

Sec. 11011. Short title.
Sec. 11012. Education for homeless children and youth.
         subpart 2--advanced research projects agency-education

Sec. 11021. Advanced Research Projects Agency-Education.
                    Part B--Miscellaneous Provisions

Sec. 11211. Technical and conforming amendments.

SEC. 3. REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.).

SEC. 4. TRANSITION.

    (a) Multi-year Awards.--Except as otherwise provided in this Act, 
the recipient of a multi-year award under the Elementary and Secondary 
Education Act of 1965, as that Act was in effect prior to the date of 
enactment of this Act, shall continue to receive funds in accordance 
with the terms of that award, except that no additional funds may be 
awarded after September 30, 2012.
    (b) Planning and Transition.--Notwithstanding any other provision 
of law, a recipient of funds under the Elementary and Secondary 
Education Act of 1965, as that Act was in effect prior to the date of 
enactment of this Act, may use funds available to the recipient under 
that predecessor authority to carry out necessary and reasonable 
planning and transition activities in order to ensure an orderly 
implementation of programs authorized by this Act, and the amendments 
made by this Act.
    (c) Orderly Transition.--The Secretary shall take such steps as are 
necessary to provide for the orderly transition to, and implementation 
of, programs authorized by this Act, and by the amendments made by this 
Act, from programs authorized by the Elementary and Secondary Education 
Act of 1965, as that Act was in effect prior to the date of enactment 
of this Act.

SEC. 5. EFFECTIVE DATES.

    (a) In General.--Except as otherwise provided in this Act, this 
Act, and the amendments made by this Act, shall be effective upon the 
date of enactment of this Act.
    (b) Noncompetitive Programs.--With respect to noncompetitive 
programs under which any funds are allotted by the Secretary of 
Education to recipients on the basis of a formula, this Act, and the 
amendments made by this Act, shall take effect on July 1, 2012.
    (c) Competitive Programs.--With respect to programs that are 
conducted by the Secretary on a competitive basis, this Act, and the 
amendments made by this Act, shall take effect with respect to 
appropriations for use under those programs for fiscal year 2012.
    (d) Impact Aid.--With respect to title VIII (Impact Aid), this Act, 
and the amendments made by this Act, shall take effect with respect to 
appropriations for use under that title for fiscal year 2012.

SEC. 6. TABLE OF CONTENTS OF THE ELEMENTARY AND SECONDARY EDUCATION ACT 
              OF 1965.

    Section 2 is amended to read as follows:

``SEC. 2. TABLE OF CONTENTS.

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

``Sec. 1. Short title.
``Sec. 2. Table of contents.
``Sec. 3. Authorization of appropriations.
   ``TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

``Sec. 1001. Purpose.
``Sec. 1002. State administration and State accountability and support.
   ``Part A--Improving Basic Programs Operated by Local Educational 
                                Agencies

                ``subpart 1--basic program requirements

``Sec. 1111. State and local requirements.
``Sec. 1112. Local educational agency plans.
``Sec. 1113. Eligible school attendance areas.
``Sec. 1114. Schoolwide programs.
``Sec. 1115. Targeted assistance schools.
``Sec. 1116. School performance.
``Sec. 1117. Blue ribbon schools.
``Sec. 1118. Parent and family engagement.
``Sec. 1119. Qualifications for teachers and paraprofessionals.
``Sec. 1120. Participation of children enrolled in private schools.
``Sec. 1120A. Fiscal requirements.
``Sec. 1120B. 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.
    ``subpart 3--grants for state assessments and related activities

``Sec. 1131. Grants for state assessments and related activities.
                     ``Part B--Pathways to College

                ``subpart 1--improving secondary schools

``Sec. 1201. Secondary school reform.
                   ``subpart 2--accelerated learning

``Sec. 1221. Purposes.
``Sec. 1222. Funding distribution rule.
``Sec. 1223. Advanced Placement and International Baccalaureate 
                            examination fee program.
``Sec. 1224. Advanced Placement and International Baccalaureate 
                            incentive program grants.
``Sec. 1225. Supplement, not supplant.
``Sec. 1226. Definitions.
               ``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. National activities.
``Sec. 1309. Performance data.
``Sec. 1310. Evaluation and study.
``Sec. 1311. State assistance in determining number of migratory 
                            children.
``Sec. 1312. Definitions.
 ``Part D--Prevention and Intervention Programs for Children and Youth 
               Who Are Neglected, Delinquent, or At-risk

``Sec. 1401. Purpose and program authorization.
``Sec. 1402. Payments for programs under this part.
                   ``subpart 1--state agency programs

``Sec. 1411. Eligibility.
``Sec. 1412. Allocation of funds.
``Sec. 1413. State reallocation of funds.
``Sec. 1414. State plan and State agency applications.
``Sec. 1415. Use of funds.
``Sec. 1416. Institution-wide projects.
``Sec. 1417. Three-year programs or projects.
``Sec. 1418. Transition services.
``Sec. 1419. Program evaluation.
                   ``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--Educational Stability of Children in Foster Care

``Sec. 1501. Educational stability of children in foster care.
``Sec. 1502. Definitions.
                      ``Part F--General Provisions

``Sec. 1601. Federal regulations.
``Sec. 1602. Agreements and records.
``Sec. 1603. State administration.
``Sec. 1604. Local educational agency spending audits.
``Sec. 1605. Prohibition against Federal mandates, direction, or 
                            control.
``Sec. 1606. Rule of construction on equalized spending.
``Sec. 1607. State report on dropout data.
``Sec. 1608. Regulations for sections 1111 and 1116.
        ``TITLE II--SUPPORTING EXCELLENT TEACHERS AND PRINCIPALS

     ``Part A--Continuous Improvement and Support for Teachers and 
                               Principals

``Sec. 2101. Purpose.
``Sec. 2102. Definitions.
                     ``subpart 1--grants to states

``Sec. 2111. Allotments to States.
``Sec. 2112. State applications.
``Sec. 2113. State use of funds.
          ``subpart 2--subgrants to local educational agencies

``Sec. 2121. Allocations to local educational agencies.
``Sec. 2122. Local applications and needs assessment.
``Sec. 2123. Local use of funds.
              ``subpart 3--national leadership activities

``Sec. 2131. National leadership activities.
                      ``subpart 4--accountability

``Sec. 2141. Accountability.
            ``subpart 5--principal recruitment and training

``Sec. 2151. Principal recruitment and training grant program.
              ``Part B--Teacher Pathways to the Classroom

``Sec. 2201. Teacher Pathways.
                ``Part C--Teacher Incentive Fund Program

``Sec. 2301. Purposes; definitions.
``Sec. 2302. Teacher incentive fund grants.
        ``Part D--Achievement Through Technology and Innovation

``Sec. 2401. Short title.
``Sec. 2402. Purposes and goals.
``Sec. 2403. Definitions.
``Sec. 2404. Allocation of funds; limitation; trigger.
                  ``subpart 1--state and local grants

``Sec. 2411. Allotment and reallotment.
``Sec. 2412. Use of allotment by State.
``Sec. 2413. State applications.
``Sec. 2414. State activities.
``Sec. 2415. Local applications.
``Sec. 2416. Local activities.
                 ``subpart 2--state competitive grants

``Sec. 2421. State competitive grants.
                      ``subpart 3--internet safety

``Sec. 2431. Internet safety.
 ``TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT 
                                STUDENTS

   ``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 educational agency plans.
``Sec. 3114. Within-State allocations.
``Sec. 3115. Subgrants to eligible entities.
``Sec. 3116. Local plans.
             ``subpart 2--accountability and administration

``Sec. 3121. Evaluations.
``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. Professional development grants.
``Sec. 3132. Commission on Assessment of English Learners.
                      ``Part B--General Provisions

``Sec. 3201. Definitions.
``Sec. 3202. Parental notification.
``Sec. 3203. National Clearinghouse.
``Sec. 3204. Regulations.
        ``TITLE IV--SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS

    ``Part A--Improving Literacy Instruction and Student Achievement

``Sec. 4101. Short title.
``Sec. 4102. Purposes.
``Sec. 4103. Definitions.
``Sec. 4104. Program authorized.
``Sec. 4105. State planning grants.
``Sec. 4106. State implementation grants.
``Sec. 4107. State activities.
``Sec. 4108. Subgrants to eligible entities in support of birth through 
                            kindergarten entry literacy.
``Sec. 4109. Subgrants to eligible entities in support of kindergarten 
                            through grade 12 literacy.
``Sec. 4110. National evaluation, information dissemination, and 
                            technical assistance.
``Sec. 4111. Consequences of insufficient progress, reporting 
                            requirements, and conflicts of interest.
``Sec. 4112. Rules of construction.
 ``Part B--Improving Science, Technology, Engineering, and Mathematics 
                  Instruction and Student Achievement

``Sec. 4201. Purpose.
``Sec. 4202. Definitions.
``Sec. 4203. Grants; allotments.
``Sec. 4204. Applications.
``Sec. 4205. Authorized activities.
``Sec. 4206. Performance metrics; report.
``Sec. 4207. Evaluation.
``Sec. 4208. Supplement not supplant.
``Sec. 4209. Maintenance of effort.
        ``Part C--Increasing Access to a Well-rounded Education

``Sec. 4301. Purpose.
``Sec. 4302. Definitions.
``Sec. 4303. Grant program.
            ``Part D--Successful, Safe, and Healthy Students

``Sec. 4401. Purpose.
``Sec. 4402. Definitions.
``Sec. 4403. Reservations.
``Sec. 4404. Successful, safe, and healthy students State grants.
``Sec. 4405. Technical assistance.
``Sec. 4406. Prohibited uses of funds.
``Sec. 4407. Federal and State nondiscrimination laws.
           ``Part E--21st Century Community Learning Centers

``Sec. 4501. Purpose; definitions.
``Sec. 4502. Allotments to States.
``Sec. 4503. State application.
``Sec. 4504. Local competitive grant program.
``Sec. 4505. Local activities.
                    ``Part F--Promise Neighborhoods

``Sec. 4601. Short title.
``Sec. 4602. Purpose.
``Sec. 4603. Definitions.
          ``subpart 1--promise neighborhood partnership grants

``Sec. 4611. Program authorized.
``Sec. 4612. Eligible entities.
``Sec. 4613. Application requirements.
``Sec. 4614. Use of funds.
``Sec. 4615. Report and publicly available data.
``Sec. 4616. Accountability.
                   ``subpart 2--promise school grants

``Sec. 4621. Program authorized.
``Sec. 4622. Definition of eligible entity.
``Sec. 4623. Application requirements; priority.
``Sec. 4624. Use of funds.
``Sec. 4625. Report and publicly available data.
``Sec. 4626. Accountability.
                    ``subpart 3--general provisions

``Sec. 4631. National activities.
      ``Part G--Parent and Family Information and Resource Centers

``Sec. 4701. Purpose.
``Sec. 4702. Definition of eligible entity.
``Sec. 4703. Grants authorized.
``Sec. 4704. Applications.
``Sec. 4705. Uses of funds.
``Sec. 4706. Administrative provisions.
                        ``Part H--Ready-to-Learn

``Sec. 4801. Ready-to-Learn.
              ``Part I--Programs of National Significance

``Sec. 4901. Programs authorized.
``Sec. 4902. Applications.
``Sec. 4903. Program requirements.
                    ``TITLE V--PROMOTING INNOVATION

                       ``Part A--Race to the Top

``Sec. 5101. Purposes.
``Sec. 5102. Reservation of funds.
``Sec. 5103. Race to the Top program.
``Sec. 5104. Application process.
``Sec. 5105. Performance measures.
``Sec. 5106. Uses of funds.
``Sec. 5107. Reporting.
                   ``Part B--Investing in Innovation

``Sec. 5201. Purposes.
``Sec. 5202. Reservations.
``Sec. 5203. Program authorized; length of grants; priorities.
``Sec. 5204. Applications.
``Sec. 5205. Uses of funds.
``Sec. 5206. Performance measures.
``Sec. 5207. Reporting.
                  ``Part C--Magnet Schools Assistance

``Sec. 5301. Findings and purpose.
``Sec. 5302. Definition.
``Sec. 5303. Program authorized.
``Sec. 5304. Eligibility.
``Sec. 5305. Applications and requirements.
``Sec. 5306. Priority.
``Sec. 5307. Use of funds.
``Sec. 5308. Prohibition.
``Sec. 5309. Limitations.
``Sec. 5310. Evaluations.
``Sec. 5311. Availability of funds for grants to agencies not 
                            previously assisted.
                    ``Part D--Public Charter Schools

``Sec. 5401. Purpose.
``Sec. 5402. Distribution of funds.
            ``subpart 1--successful charter schools program

``Sec. 5411. Definitions.
``Sec. 5412. Program authorized.
``Sec. 5413. Applications.
``Sec. 5414. Selection criteria; priority.
``Sec. 5415. Uses of funds.
``Sec. 5416. Subgrants.
``Sec. 5417. Performance measures; reports.
``Sec. 5418. Federal formula allocation during first year and for 
                            successive enrollment expansions.
``Sec. 5419. Records transfer.
``Sec. 5420. National activities.
  ``subpart 2--charter school facility acquisition, construction, and 
                               renovation

``Sec. 5431. Purpose.
``Sec. 5432. Definitions.
``Sec. 5433. Grants to eligible entities.
``Sec. 5434. Charter school objectives.
``Sec. 5435. Applications; selection criteria.
``Sec. 5436. Reserve account.
``Sec. 5437. Limitation on administrative costs.
``Sec. 5438. Audits and reports.
``Sec. 5439. No full faith and credit for grantee obligations.
``Sec. 5440. Recovery of funds.
           ``Part E--Voluntary Public School Choice Programs

``Sec. 5501. Grants.
``Sec. 5502. Uses of funds.
``Sec. 5503. Applications.
``Sec. 5504. Priorities.
``Sec. 5505. Requirements and voluntary participation.
``Sec. 5506. Evaluations.
``Sec. 5507. Definitions.
           ``TITLE VI--PROMOTING FLEXIBILITY; RURAL EDUCATION

                       ``Part A--Transferability

``Sec. 6101. Transferability of funds.
                  ``Part B--Rural Education Initiative

``Sec. 6201. Short title.
``Sec. 6202. Purpose.
          ``subpart 1--small, rural school achievement program

``Sec. 6211. Program authorized.
``Sec. 6212. Academic achievement assessments.
            ``subpart 2--rural and low-income school program

``Sec. 6221. Program authorized.
``Sec. 6222. Uses of funds.
``Sec. 6223. Applications.
``Sec. 6224. Accountability.
                    ``subpart 3--general provisions

``Sec. 6231. Choice of participation.
``Sec. 6232. Annual average daily attendance determination.
``Sec. 6233. Supplement, not supplant.
``Sec. 6234. Rule of construction.
   ``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 and youth

``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. Improvement of academic success for students through 
                            Native American language.
``Sec. 7133. Improving State and tribal educational agency 
                            collaboration.
                  ``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

``Sec. 7151. Definitions.
      ``Part B--Native Hawaiian Education; Alaska Native Education

                 ``subpart 1--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.
                  ``subpart 2--alaska native education

``Sec. 7301. Short title.
``Sec. 7302. Findings.
``Sec. 7303. Purposes.
``Sec. 7304. Program authorized.
``Sec. 7305. Administrative provisions.
``Sec. 7306. Definitions.
                        ``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.
                     ``TITLE IX--GENERAL PROVISIONS

                         ``Part A--Definitions

``Sec. 9101. Definitions.
``Sec. 9102. Applicability of title.
``Sec. 9103. Applicability to Bureau of Indian Affairs operated 
                            schools.
   ``Part B--Flexibility in the Use of Administrative and Other Funds

``Sec. 9201. Consolidation of State administrative funds for elementary 
                            and secondary education programs.
``Sec. 9202. Single local educational agency States.
``Sec. 9203. Consolidation of funds for local administration.
``Sec. 9204. Consolidated set-aside for Department of the Interior 
                            funds.
``Part C--Coordination of Programs; Consolidated State and Local Plans 
                            and Applications

``Sec. 9301. Purpose.
``Sec. 9302. Optional consolidated State plans or applications.
``Sec. 9303. Consolidated reporting.
``Sec. 9304. General applicability of State educational agency 
                            assurances.
``Sec. 9305. Consolidated local plans or applications.
``Sec. 9306. Other general assurances.
                           ``Part D--Waivers

``Sec. 9401. Waivers of statutory and regulatory requirements.
                      ``Part E--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.
               ``subpart 3--teacher liability protection

``Sec. 9541. Short title.
``Sec. 9542. Purpose.
``Sec. 9543. Definitions.
``Sec. 9544. Applicability.
``Sec. 9545. Preemption and election of State nonapplicability.
``Sec. 9546. Limitation on liability for teachers.
``Sec. 9547. Allocation of responsibility for noneconomic loss.
``Sec. 9548. Effective date.
                         ``Part F--Evaluations

``Sec. 9601. Evaluation authority.
                   ``Part G--Miscellaneous Provisions

                      ``subpart 1--gun possession

``Sec. 9701. Gun-free requirements.
                ``subpart 2--environmental tobacco smoke

``Sec. 9721. Short title.
``Sec. 9722. Definitions.
``Sec. 9723. Nonsmoking policy for children's services.
``Sec. 9724. Preemption.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Local Educational Agency Grants.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out part A of title I (except for sections 1116(d) and 
        1125A and subpart 3 of part A of such title) such sums as may 
        be necessary for fiscal year 2012 and each of the 4 succeeding 
        fiscal years.
            ``(2) School improvement grants, national activities, and 
        evaluation.--
                    ``(A) In general.--There are authorized to be 
                appropriated to carry out section 1116(d) such sums as 
                may be necessary for fiscal year 2012 and each of the 4 
                succeeding fiscal years.
                    ``(B) Reservation for national activities.--Of the 
                amounts appropriated under subparagraph (A) for a 
                fiscal year, the Secretary shall reserve not more than 
                2 percent for the national activities described in 
                section 1116(d)(6).
            ``(3) Education finance incentive grant program.--There are 
        authorized to be appropriated to carry out section 1125A such 
        sums as may be necessary for fiscal year 2012 and each of the 4 
        succeeding fiscal years.
    ``(b) Grants for State Assessments and the National Assessment of 
Educational Progress.--
            ``(1) National assessment of educational progress.--For the 
        purpose of administering the State assessments under the 
        National Assessment of Educational Progress, there are 
        authorized to be appropriated such sums as may be necessary for 
        fiscal year 2012 and each of the 4 succeeding fiscal years.
            ``(2) State assessments and related activities.--For the 
        purpose of carrying out assessment and related activities under 
        subpart 3 of part A of title I, there are authorized to be 
        appropriated such sums as may be necessary for fiscal year 2012 
        and each of the 4 succeeding fiscal years.
    ``(c) Pathways to College.--For the purposes of carrying out part B 
of title I, Pathways to College, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2012 and 
each of the 4 succeeding fiscal years.
    ``(d) Education of Migratory Children.--For the purposes of 
carrying out part C of title I, Education of Migratory Children, there 
are authorized to be appropriated such sums as may be necessary for 
fiscal year 2012 and each of the 4 succeeding fiscal years.
    ``(e) Neglected and Delinquent.--For the purposes of carrying out 
part D of title I, Prevention and Intervention Programs for Children 
and Youth Who Are Neglected, Delinquent, or At-risk, there are 
authorized to be appropriated such sums as may be necessary for fiscal 
year 2012 and each of the 4 succeeding fiscal years.
    ``(f) Continuous Improvement and Support for Teachers and 
Principals.--
            ``(1) In general.--For the purposes of carrying out 
        subparts 1, 2, 3, and 4 of part A of title II, there are 
        authorized to be appropriated such sums as may be necessary for 
        fiscal year 2012 and each of the 4 succeeding fiscal years.
            ``(2) Principal recruitment and training.--For the purposes 
        of carrying out subpart 5 of part A of title II, Principal 
        Recruitment and Training, there are authorized to be 
        appropriated such sums as may be necessary for fiscal year 2012 
        and each of the 4 succeeding fiscal years.
    ``(g) Teacher Pathways to the Classroom.--For the purposes of 
carrying out part B of title II, Teacher Pathways to the Classroom, 
there are authorized to be appropriated such sums as may be necessary 
for fiscal year 2012 and each of the 4 succeeding fiscal years.
    ``(h) Teacher Incentive Fund.--For the purposes of carrying out 
part C of title II, Teacher Incentive Fund, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2012 and 
each of the 4 succeeding fiscal years.
    ``(i) Achievement Through Technology and Innovation.--For the 
purposes of carrying out part D of title II, Achievement through 
Technology and Innovation, there are authorized to be appropriated such 
sums as may be necessary for fiscal year 2012 and each of the 4 
succeeding fiscal years.
    ``(j) English Learners and Immigrant Students.--For the purposes of 
carrying out title III, Language and Academic Content Instruction for 
English Learners and Immigrant Students, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2012 and 
each of the 4 succeeding fiscal years.
    ``(k) Improving Literacy Instruction and Student Achievement.--For 
the purposes of carrying out part A of title IV, Improving Literacy 
Instruction and Student Achievement, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2012 and 
each of the 4 succeeding fiscal years.
    ``(l) Improving Science, Technology, Engineering, and Mathematics 
Instruction and Student Achievement.--For the purposes of carrying out 
part B of title IV, Improving Science, Technology, Engineering, and 
Mathematics Instruction and Student Achievement, there are authorized 
to be appropriated such sums as may be necessary for fiscal year 2012 
and each of the 4 succeeding fiscal years.
    ``(m) Increasing Access to a Well-rounded Education.--For the 
purposes of carrying out part C of title IV, Increasing Access to a 
Well-Rounded Education, there are authorized to be appropriated such 
sums as may be necessary for fiscal year 2012 and each of the 4 
succeeding fiscal years.
    ``(n) Successful, Safe, and Healthy Students.--For the purposes of 
carrying out part D of title IV, Successful, Safe, and Healthy 
Students, there are authorized to be appropriated such sums as may be 
necessary for fiscal year 2012 and each of the 4 succeeding fiscal 
years.
    ``(o) 21st Century Community Learning Centers.--For the purposes of 
carrying out part E of title IV, 21st Century Community Learning 
Centers, there are authorized to be appropriated such sums as may be 
necessary for fiscal year 2012 and each of the 4 succeeding fiscal 
years.
    ``(p) Promise Neighborhoods.--For the purposes of carrying out part 
F of title IV, Promise Neighborhoods, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2012 and 
each of the 4 succeeding fiscal years.
    ``(q) Parent and Family Information and Resource Centers.--For the 
purposes of carrying out part G of title IV, Parent and Family 
Information and Resource Centers, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2012 and 
each of the 4 succeeding fiscal years.
    ``(r) Ready to Learn.--For the purposes of carrying out part H of 
title IV, Ready to Learn, there are authorized to be appropriated such 
sums as may be necessary for fiscal year 2012 and each of the 4 
succeeding fiscal years.
    ``(s) Programs of National Significance.--For the purposes of 
carrying out part I of title IV, Programs of National Significance, 
there are authorized to be appropriated such sums as may be necessary 
for fiscal year 2012 and each of the 4 succeeding fiscal years.
    ``(t) Race to the Top.--For the purposes of carrying out part A of 
title V, Race to the Top, there are authorized to be appropriated such 
sums as may be necessary for fiscal year 2012 and each of the 4 
succeeding fiscal years.
    ``(u) Investing in Innovation.--For the purposes of carrying out 
part B of title V, Investing in Innovation, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2012 and 
each of the 4 succeeding fiscal years.
    ``(v) Magnet Schools Assistance.--For the purposes of carrying out 
part C of title V, Magnet Schools Assistance, there are authorized to 
be appropriated such sums as may be necessary for fiscal year 2012 and 
each of the 4 succeeding fiscal years.
    ``(w) Public Charter Schools.--For the purposes of carrying out 
part D of title V, Public Charter Schools, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2012 and 
each of the 4 succeeding fiscal years.
    ``(x) Voluntary Public School Choice.--For the purposes of carrying 
out part E of title V, Voluntary Public School Choice, there are 
authorized to be appropriated such sums as may be necessary for fiscal 
year 2012 and each of the 4 succeeding fiscal years.
    ``(y) Rural Education Achievement Program.--For the purposes of 
carrying out part B of title VI, Rural Education Achievement Program, 
there are authorized to be appropriated such sums as may be necessary 
for fiscal year 2012 and each of the 4 succeeding fiscal years.
    ``(z) Indian, Native Hawaiian, and Alaska Native Education.--
            ``(1) In general.--For the purposes of carrying out title 
        VII, Indian, Native Hawaiian, and Alaska Native Education, 
        there are authorized to be appropriated such sums as may be 
        necessary for fiscal year 2012 and each of the 4 succeeding 
        fiscal years.
            ``(2) Alaska native programs.--There are authorized to be 
        appropriated to carry out section 7304 such sums as may be 
        necessary for fiscal year 2012 and each of the 5 succeeding 
        fiscal years.
    ``(aa) Impact Aid.--For the purposes of carrying out title VIII, 
Impact Aid, there are authorized to be appropriated such sums as may be 
necessary for fiscal year 2012 and each of the 4 succeeding fiscal 
years.
            ``(1) Payments for federal acquisition of real property.--
        For the purpose of making payments under section 8002, there 
        are authorized to be appropriated such sums as may be necessary 
        for fiscal year 2012 and each of the 4 succeeding fiscal years.
            ``(2) Basic payments; payments for heavily impacted local 
        educational agencies.--For the purpose of making payments under 
        section 8003(b), there are authorized to be appropriated such 
        sums as may be necessary for fiscal year 2012 and each of the 4 
        succeeding fiscal years.
            ``(3) Payments for children with disabilities.--For the 
        purpose of making payments under section 8003(d), there are 
        authorized to be appropriated such sums as may be necessary for 
        fiscal year 2012 and each of the 4 succeeding fiscal years.
            ``(4) Construction.--For the purpose of carrying out 
        section 8007, there are authorized to be appropriated such sums 
        as may be necessary for fiscal year 2012 and each of the 4 
        succeeding fiscal years.
            ``(5) Facilities maintenance.--For the purpose of carrying 
        out section 8008, there are authorized to be appropriated such 
        sums as may be necessary for fiscal year 2012 and each of the 4 
        succeeding fiscal years.''.

    TITLE I--ENSURING COLLEGE AND CAREER READINESS FOR ALL STUDENTS

SEC. 1001. PURPOSE.

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

``SEC. 1001. PURPOSE.

    ``The purpose of this title is to ensure that every child has a 
fair, equal, and significant opportunity to obtain a high-quality 
education, succeed from the earliest grades, and graduate from high 
school ready for college, career, and citizenship. This purpose can be 
accomplished by--
            ``(1) setting high expectations for children to graduate 
        college and career ready from high school;
            ``(2) supporting high-quality teaching that uses student 
        achievement data, professional collaboration, meaningful 
        feedback, effective technologies, student engagement, multi-
        tiered systems of support, and other evidence-based practices 
        to continuously improve instruction and encourage new models of 
        teaching and learning;
            ``(3) removing barriers to, and encouraging State and local 
        innovation and leadership in, education based on the evaluation 
        of success and continuous improvement, especially in providing 
        excellent instruction, high-quality assessments, meaningful 
        accountability, evidence-based supports and interventions in 
        underperforming schools, highly effective educators, a well-
        rounded education, and other key factors for success;
            ``(4) providing additional resources and supports to meet 
        the needs of disadvantaged students, including children from 
        low-income families and those attending high-poverty schools, 
        English learners, migratory children, children with 
        disabilities, Indian children, and neglected or delinquent 
        children;
            ``(5) focusing on increasing student achievement and 
        closing achievement gaps, especially achievement gaps between 
        minority and nonminority students and between disadvantaged 
        children and their more advantaged peers;
            ``(6) removing barriers and promoting integration across 
        all levels of education, and across Federal education programs;
            ``(7) streamlining Federal requirements to reduce burdens 
        on States, districts local educational agencies, schools, and 
        educators; and
            ``(8) strengthening parental engagement and coordination of 
        student, family, and community supports to promote student 
        success.''.

SEC. 1002. STATE RESERVATIONS.

    Title I (20 U.S.C. 6301 et seq.) is amended--
            (1) by striking sections 1002 and 1003;
            (2) by redesignating section 1004 as section 1002; and
            (3) in section 1002 (as redesignated by paragraph (2))--
                    (A) in the section heading, by inserting ``and 
                state accountability and support'' before the period at 
                the end;
                    (B) by redesignating paragraphs (1) and (2) of 
                subsection (a) as subparagraphs (A) and (B), 
                respectively, and by aligning the margins of such 
                subparagraphs with the margins of subparagraph (A) of 
                section 1111(a)(1);
                    (C) by redesignating subsection (b) as paragraph 
                (2) of subsection (a), and by aligning the margins of 
                such paragraph with the margins of paragraph (1) of 
                section 1111(a);
                    (D) by striking ``In General.--Except as provided 
                in subsection (b)'' and inserting the following: 
                ``State Administration.--
            ``(1) In general.--Except as provided in paragraph (2)'';
                    (E) in subsection (a)(2), as redesignated by 
                subparagraph (C), by striking ``subsection (a)(1)'' and 
                inserting ``paragraph (1)(A)''; and
                    (F) by adding at the end the following:
    ``(b) Accountability and Support.--
            ``(1) In general.--Each State may reserve not more than 4 
        percent of the amount the State receives under subpart 2 of 
        part A to carry out paragraph (2) and to carry out the State 
        and local educational agency responsibilities under section 
        1116, which may include carrying out a statewide system of 
        technical assistance and support for local educational 
        agencies.
            ``(2) Uses.--Of the amount reserved under paragraph (1) for 
        any fiscal year, the State educational agency--
                    ``(A) shall use not less than 90 percent of that 
                amount by allocating such sums directly to local 
                educational agencies for activities required under 
                section 1116; or
                    ``(B) may, with the approval of the local 
                educational agency, directly provide for such 
                activities or arrange for their provision through other 
                entities such as educational service agencies.
            ``(3) Priority.--The State educational agency, in 
        allocating funds to local educational agencies under this 
        subsection, shall give priority to local educational agencies 
        that--
                    ``(A) serve the lowest-achieving schools, including 
                schools identified under subsection (b) or (c) of 
                section 1116;
                    ``(B) demonstrate the greatest need for such funds; 
                and
                    ``(C) demonstrate the strongest commitment to 
                ensuring that such funds are used to enable the lowest-
                achieving schools to improve student achievement and 
                outcomes.
            ``(4) Unused funds.--If, after consultation with local 
        educational agencies in the State, the State educational agency 
        determines that the amount of funds reserved to carry out this 
        subsection is greater than the amount needed to provide the 
        assistance described in this subsection, the State educational 
        agency shall allocate the excess amount to local educational 
        agencies in accordance with--
                    ``(A) the relative allocations the State 
                educational agency made to those agencies for that 
                fiscal year under subpart 2 of part A; or
                    ``(B) section 1126(c).
            ``(5) Special rule.--Notwithstanding any other provision of 
        this subsection, the amount of funds reserved by the State 
        educational agency under this subsection in any fiscal year 
        shall not decrease the amount of funds each local educational 
        agency receives under subpart 2 of part A below the amount 
        received by such local educational agency under such subpart 
        for the preceding fiscal year.
            ``(6) Reporting.--Each State educational agency shall make 
        publicly available a list of those schools that have received 
        funds or services pursuant to this subsection and the 
        percentage of students from each such school from families with 
        incomes below the poverty line.''.

    PART A--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

SEC. 1111. STATE AND LOCAL REQUIREMENTS.

    Section 1111 (20 U.S.C. 6301) is amended to read as follows:

``SEC. 1111. STATE AND LOCAL REQUIREMENTS.

    ``(a) Academic Standards, Academic Assessments, and Accountability 
Requirements.--
            ``(1) Requirements for college and career ready state 
        standards.--In order to receive a grant under this part, each 
        State shall demonstrate that the State meets the following 
        requirements:
                    ``(A) College and career ready aligned standards 
                for reading or language arts and mathematics.--
                            ``(i) In general.--The State shall--
                                    ``(I) not later than December 31, 
                                2013, adopt college and career ready 
                                academic content standards in reading 
                                or language arts, and mathematics, that 
                                meet the requirements of clauses (ii) 
                                and (iii); and
                                    ``(II) not later than the beginning 
                                of the 2015-2016 school year, adopt 
                                college and career ready student 
                                academic achievement standards in 
                                reading or language arts, and 
                                mathematics, that meet the requirements 
                                of clauses (ii) and (iv).
                            ``(ii) Alignment of college and career 
                        ready standards.--Each State plan shall 
                        demonstrate that the State has adopted college 
                        and career ready academic content standards and 
                        college and career ready student academic 
                        achievement standards that are aligned with--
                                    ``(I) academic coursework, without 
                                the need for remediation, at public 
                                institutions of higher education in the 
                                State;
                                    ``(II) relevant State career and 
                                technical education standards; and
                                    ``(III) appropriate career skills.
                            ``(iii) Requirements for academic content 
                        standards.--College and career ready academic 
                        content standards shall--
                                    ``(I) be used by the State, and by 
                                local educational agencies, public 
                                elementary schools, and public 
                                secondary schools in the State to carry 
                                out the requirements of this part;
                                    ``(II) be the same standards that 
                                the State applies to all public 
                                elementary and secondary schools and 
                                students in the State;
                                    ``(III) include the same knowledge, 
                                skills, and levels of achievement 
                                expected of all elementary and 
                                secondary school students in the State; 
                                and
                                    ``(IV) be evidence-based and 
                                include rigorous content and skills.
                            ``(iv) Requirements for student academic 
                        achievement standards.--College and career 
                        ready student academic achievement standards 
                        for a subject shall--
                                    ``(I) be aligned with the State's 
                                academic content standards described in 
                                clause (iii); and
                                    ``(II) establish levels of 
                                performance (at a minimum, basic, on-
                                track, and advanced levels) that 
                                determine how well students are 
                                mastering the material in the State 
                                academic content standards.
                            ``(v) Method.--A State may meet the 
                        requirements in this subparagraph individually 
                        or through a consortium with 1 or more other 
                        States.
                            ``(vi) No requirement to submit standards 
                        to the secretary.--A State shall not be 
                        required to submit the State's college and 
                        career ready academic content standards or the 
                        State's college and career ready student 
                        academic achievement standards to the Secretary 
                        for review or approval.
                    ``(B) Science standards.--A State--
                            ``(i) shall demonstrate that the State has 
                        adopted, by not later than December 31, 2013, 
                        statewide academic content standards and 
                        student academic achievement standards in 
                        science that are aligned with the knowledge and 
                        skills needed to be college and career ready, 
                        as described in subparagraph (A)(ii);
                            ``(ii) shall not be required to submit such 
                        standards to the Secretary; and
                            ``(iii) may choose to use such standards as 
                        part of the State's accountability system under 
                        paragraph (3), if such standards meet the 
                        requirements of clauses (ii) through (iv) of 
                        subparagraph (A).
                    ``(C) Standards for other subjects.--If a State 
                adopts high-quality academic content standards and 
                student academic achievement standards in subjects 
                other than reading or language arts, mathematics, and 
                science, such State may choose to use such standards as 
                part of the State's accountability system, consistent 
                with section 1116.
                    ``(D) Alternate academic achievement standards for 
                students with the most significant cognitive 
                disabilities.--The State may, through a documented and 
                validated standards-setting process, adopt alternate 
                academic achievement standards in any subject included 
                in the State's accountability system under paragraph 
                (3) for students with the most significant cognitive 
                disabilities, if--
                            ``(i) the determination about whether the 
                        achievement of an individual student should be 
                        measured against such standards is made 
                        separately for each student in each subject 
                        being assessed; and
                            ``(ii) such alternate academic achievement 
                        standards--
                                    ``(I) are aligned with the State 
                                academic content standards required 
                                under this paragraph for the subject;
                                    ``(II) provide access to the 
                                general curriculum and the student 
                                academic achievement standards required 
                                under this paragraph for such subject; 
                                and
                                    ``(III) reflect professional 
                                judgment as to the highest possible 
                                standards achievable by such student.
                    ``(E) English language proficiency standards.--A 
                State shall, not later than December 31, 2014, adopt 
                high-quality English language proficiency standards 
                that--
                            ``(i) are aligned with the State's academic 
                        content standards in reading or language arts 
                        under subparagraph (A) so that achieving 
                        English language proficiency, as measured by 
                        the State's English language proficiency 
                        standards, indicates a sufficient knowledge of 
                        English to allow the State to validly and 
                        reliably measure the student's achievement on 
                        the State's reading or language arts student 
                        academic achievement standards;
                            ``(ii) ensure proficiency in English for 
                        each of the domains of speaking, listening, 
                        reading, and writing;
                            ``(iii) address the different proficiency 
                        levels of English learners; and
                            ``(iv) are updated, not later than 1 year 
                        after the State adopts any new academic content 
                        standards in reading or language arts under 
                        this paragraph, in order to align the English 
                        language proficiency standards with the new 
                        content standards.
                    ``(F) No federal control.--Nothing in this section 
                shall be construed to authorize an officer or employee 
                of the Federal Government to mandate, direct, or 
                control a State's academic content standards or student 
                academic achievement standards developed in accordance 
                with this section.
                    ``(G) Existing standards.--Nothing in this part 
                shall prohibit a State from revising, consistent with 
                this section, any standard adopted under this part 
                before, on, or after the date of enactment of the 
                Elementary and Secondary Education Reauthorization Act 
                of 2011.
            ``(2) Academic assessments.--
                    ``(A) State assessments.--The State plan shall 
                demonstrate that the State educational agency, in 
                consultation with local educational agencies, shall, 
                beginning not later than the beginning of the 2015-2016 
                school year, adopt and implement statewide assessments 
                that--
                            ``(i) include statewide assessments in 
                        reading or language arts, and mathematics, 
                        annually for grades 3 through 8 and not less 
                        frequently than once during grades 10 through 
                        12, that--
                                    ``(I) are aligned with the State's 
                                academic content standards in such 
                                subjects under paragraph (1)(A);
                                    ``(II) are administered to all 
                                public elementary and secondary school 
                                students in the State;
                                    ``(III) measure individual academic 
                                achievement;
                                    ``(IV) in the case of a State 
                                described in subsection (b)(1)(B), 
                                measure individual student growth, 
                                including measuring whether students 
                                are attaining growth in accordance with 
                                clauses (i) and (ii) of such 
                                subsection; and
                                    ``(V) may, at the State's 
                                choosing--
                                            ``(aa) be administered 
                                        through a single summative 
                                        assessment each year; or
                                            ``(bb) be administered 
                                        through multiple statewide 
                                        assessments during the course 
                                        of the year if the State can 
                                        demonstrate to the Secretary's 
                                        satisfaction that the results 
                                        of these multiple assessments, 
                                        taken in their totality, 
                                        provide a summative score that 
                                        provides valid and reliable 
                                        information on whether students 
                                        are on track to college and 
                                        career readiness in reading or 
                                        language arts, and mathematics;
                            ``(ii) include statewide assessments in 
                        science, not less than once during each of the 
                        grade spans of grades 3 through 5, 6 through 9, 
                        and 10 through 12, that measure--
                                    ``(I) student achievement relative 
                                to the State's science student academic 
                                achievement standards under paragraph 
                                (1)(B);
                                    ``(II) individual academic 
                                achievement; and
                                    ``(III) in the case of a State 
                                described in subsection (b)(1)(B), 
                                individual student growth, including 
                                measuring whether students are 
                                attaining growth in accordance with 
                                clauses (i) and (ii) of such 
                                subsection;
                            ``(iii) include the English language 
                        proficiency assessments and any alternate 
                        assessments described in subparagraphs (D) and 
                        (E), respectively; and
                            ``(iv) at the discretion of the State, 
                        measure the proficiency of students in the 
                        other academic subjects for which the State has 
                        adopted academic content standards and student 
                        academic achievement standards under paragraph 
                        (1)(C).
                    ``(B) Requirements for assessments.--The 
                assessments administered under this paragraph shall--
                            ``(i) be the same academic assessments used 
                        to measure the achievement of all students;
                            ``(ii) be used only for purposes for which 
                        such assessments are valid and reliable, and be 
                        consistent with relevant, nationally recognized 
                        professional and technical standards;
                            ``(iii) be used only if the State 
                        educational agency provides to the Secretary 
                        evidence that the assessments used are of 
                        adequate technical quality for each purpose 
                        required under this Act and are consistent with 
                        the requirements of this section, which 
                        evidence the Secretary may make public;
                            ``(iv) involve multiple measures of student 
                        academic achievement, including measures that 
                        assess higher-order thinking skills and 
                        understanding;
                            ``(v) provide for--
                                    ``(I) the participation in such 
                                assessments of all students;
                                    ``(II) the reasonable adaptations 
                                for children with disabilities 
                                necessary to measure the academic 
                                achievement of such children in a 
                                subject, relative to the State academic 
                                content standards and State student 
                                academic achievement standards under 
                                paragraph (1) for such subject; and
                                    ``(III) the valid and reliable 
                                accommodations for children with 
                                disabilities necessary to measure the 
                                academic achievement of such children 
                                in a subject, relative to the State 
                                academic content standards and State 
                                student academic achievement standards 
                                under paragraph (1) for such subject; 
                                and
                                    ``(IV) the inclusion of English 
                                learners, who shall be assessed in a 
                                valid and reliable manner and provided 
                                reasonable accommodations on 
                                assessments administered to such 
                                students under this paragraph, 
                                including, to the extent practicable, 
                                assessments in the language and form 
                                most likely to yield accurate data on 
                                what such students know and can do in 
                                academic content areas, until such 
                                students have achieved English language 
                                proficiency as determined under 
                                subparagraph (D), except that the State 
                                may exempt any English learner at the 
                                lowest levels of English language 
                                proficiency from the reading or 
                                language arts assessment for not more 
                                than 2 years following the date of the 
                                student's first enrollment in a school 
                                in the United States;
                            ``(vi) notwithstanding clause (v)(IV), 
                        include the academic assessment (using tests 
                        written in English) of reading or language arts 
                        of any student who has attended school in the 
                        United States (not including Puerto Rico) for 3 
                        or more consecutive school years, except that, 
                        if the local educational agency determines, on 
                        a case-by-case individual basis, that academic 
                        assessments in another language or form would 
                        likely yield more accurate and reliable 
                        information on what such student knows and can 
                        do, the local educational agency may make a 
                        determination to assess such student in the 
                        appropriate language other than English for a 
                        period that does not exceed 2 additional 
                        consecutive years, if such student has not yet 
                        reached a level of English language proficiency 
                        sufficient to yield valid and reliable 
                        information on what such student knows and can 
                        do on tests (written in English) of reading or 
                        language arts;
                            ``(vii) include students who have attended 
                        schools in a local educational agency for a 
                        full academic year but have not attended a 
                        single school for a full academic year;
                            ``(viii) produce individual student 
                        interpretive, descriptive, and diagnostic 
                        reports that allow parents, teachers, and 
                        principals to understand and address the 
                        specific academic needs of students and include 
                        information regarding achievement on the 
                        academic assessments aligned with State 
                        academic achievement standards, and that are 
                        provided to parents, teachers, and principals--
                                    ``(I) as soon as is practicably 
                                possible after the assessment is given;
                                    ``(II) in an understandable and 
                                uniform format; and
                                    ``(III) to the extent practicable, 
                                in a language that parents can 
                                understand;
                            ``(ix) enable results to be disaggregated 
                        within the State, local educational agency, and 
                        school by gender, by each major racial and 
                        ethnic group, by English language proficiency 
                        status, by migrant status, by status as a 
                        student with a disability, and by economically 
                        disadvantaged status, except that, in the case 
                        of a local educational agency or a school, such 
                        disaggregation shall not be required in a case 
                        in which the results would reveal personally 
                        identifiable information about an individual 
                        student;
                            ``(x) be consistent with widely accepted 
                        professional testing standards and objectively 
                        measure academic achievement, knowledge, and 
                        skills;
                            ``(xi) not evaluate or assess personal or 
                        family beliefs and attitudes or publicly 
                        disclose personally identifiable information;
                            ``(xii) enable itemized score analyses to 
                        be produced and reported, consistent with 
                        clause (ii), to local educational agencies and 
                        schools, so that parents, teachers, principals, 
                        and administrators can interpret and address 
                        the specific academic needs of students as 
                        indicated by the students' achievement on 
                        assessment items;
                            ``(xiii) produce student achievement and 
                        other student data that can be used to inform 
                        determinations of individual principal and 
                        teacher effectiveness for purposes of 
                        evaluation and for determining the needs of 
                        principals and teachers for professional 
                        development and support; and
                            ``(xiv) consistent with paragraph (3)(D), 
                        be administered to not less than 95 percent of 
                        all students, and not less than 95 percent of 
                        each subgroup of students described in clause 
                        (ix), who are enrolled in the school.
                    ``(C) Languages of assessments.--The State shall 
                identify the languages other than English that are 
                present in the participating student population in the 
                State and indicate, in the State's plan under 
                subsection (b), the languages for which yearly student 
                academic assessments included in the State's 
                accountability system under paragraph (3) are not 
                available and are needed. The State shall make every 
                effort to develop assessments in such languages and may 
                request assistance from the Secretary if linguistically 
                accessible academic assessments are needed. Upon 
                request, the Secretary shall assist with the 
                identification of appropriate academic assessments in 
                such languages, but shall not mandate a specific 
                academic assessment or mode of instruction.
                    ``(D) Assessments of english language 
                proficiency.--
                            ``(i) In general.--Each State plan shall 
                        demonstrate that local educational agencies in 
                        the State will, not later than the beginning of 
                        the 2015-2016 school year, provide for the 
                        annual assessment of English language 
                        proficiency of all English learners in the 
                        schools served by the State educational agency.
                            ``(ii) Requirements.--The English language 
                        proficiency assessment described in clause (i) 
                        shall--
                                    ``(I) be aligned with the State's 
                                English language proficiency standards 
                                under paragraph (1)(E);
                                    ``(II) be designed to measure, in a 
                                valid and reliable manner, student 
                                progress toward, and attainment of, 
                                English language proficiency; and
                                    ``(III) reflect the academic 
                                language that is required for success 
                                on the State's academic assessments, 
                                consistent with paragraph (1)(E)(iv).
                    ``(E) Alternate assessments for students with the 
                most significant cognitive disabilities.--A State may 
                provide alternate assessments that are aligned with 
                alternate academic achievement standards described in 
                paragraph (1)(D) for students with the most significant 
                cognitive disabilities, if the State--
                            ``(i) establishes and monitors 
                        implementation of clear and appropriate 
                        guidelines for individualized education program 
                        teams (as defined in section 614(d)(1)(B) of 
                        the Individuals with Disabilities Education 
                        Act) to apply in determining, on a subject-by-
                        subject basis, when a child's significant 
                        cognitive disability justifies assessment based 
                        on alternate academic achievement standards;
                            ``(ii) ensures that parents of the students 
                        whom the State plans to assess using alternate 
                        assessments are involved in the decision that 
                        their child's academic achievement will be 
                        measured against alternate academic achievement 
                        standards, consistent with section 
                        614(d)(1)(A)(i)(VI)(bb) of the Individuals with 
                        Disabilities Education Act, and are informed 
                        whether participation in such assessment may 
                        preclude the student from completing the 
                        requirements for a regular secondary school 
                        diploma, as determined by the State;
                            ``(iii) provides evidence that students 
                        with the most significant cognitive 
                        disabilities are, to the maximum extent 
                        practicable, included in the general curriculum 
                        and in assessments aligned with such 
                        curriculum, as described in section 
                        601(c)(5)(A) of the Individuals with 
                        Disabilities Education Act;
                            ``(iv) certifies that, consistent with 
                        section 612(a)(16)(A) of the Individuals with 
                        Disabilities Education Act, the State's regular 
                        academic assessments described in subparagraphs 
                        (A), (C), and (D) are universally designed to 
                        be accessible to students, including students 
                        with sensory, physical, and intellectual 
                        disabilities, through the provision of 
                        reasonable adaptations and valid and reliable 
                        accommodations that produce valid results;
                            ``(v) develops, disseminates information 
                        about, makes available, and promotes the use of 
                        reasonable adaptations and valid and reliable 
                        accommodations to increase the number of 
                        students with the most significant cognitive 
                        disabilities participating in grade-level 
                        academic instruction and assessments that are 
                        aligned with grade-level academic standards, 
                        and promotes the use of appropriate 
                        accommodations to increase the number of 
                        students with the most significant cognitive 
                        disabilities who are tested against grade-level 
                        academic achievement standards;
                            ``(vi) takes steps to ensure that regular 
                        and special education teachers and other 
                        appropriate staff know how to administer 
                        assessments, including how to make appropriate 
                        use of reasonable adaptations and valid and 
                        reliable accommodations for such assessments, 
                        for students with the most significant 
                        cognitive disabilities; and
                            ``(vii) requires separate determinations 
                        about whether a student should be assessed 
                        using an alternate assessment for each subject 
                        assessed.
                    ``(F) Adaptive assessments.--A State may develop 
                and administer computer adaptive assessments as the 
                assessments required under subparagraph (A). If a State 
                develops and administers a computer adaptive assessment 
                for such purposes, the assessment shall meet the 
                requirements of this paragraph, except as follows:
                            ``(i) Notwithstanding subparagraph 
                        (A)(i)(I), the assessment shall measure, at a 
                        minimum, whether each student is meeting or 
                        exceeding the on-track level of performance for 
                        the State academic content standards for the 
                        student's grade level, and, if the State 
                        chooses--
                                    ``(I) may measure the student's 
                                level of performance in the grades 
                                above or below the student's grade 
                                level; and
                                    ``(II) may be used to measure 
                                student growth using assessment items 
                                above and below grade level, including 
                                for purposes of determining if a 
                                student is attaining growth in 
                                accordance with clauses (i) and (ii) of 
                                subsection (b)(1)(B), as applicable.
                            ``(ii) Subparagraph (B)(i) shall not be 
                        interpreted to require that all students taking 
                        the computer adaptive assessment be 
                        administered the same assessment items.
                    ``(G) Reducing duplicative assessment.--The State 
                shall include, in the State plan under subsection (b), 
                a description of how the State will regularly analyze 
                assessment and accommodations practice and use, and 
                reduce duplicative assessment.
            ``(3) State-designed accountability systems.--
                    ``(A) Accountability system.--Each State plan 
                shall, not later than the beginning of the 2013-2014 
                school year, demonstrate that the State educational 
                agency has developed and is implementing a single, 
                statewide accountability system that--
                            ``(i) annually measures and reports on--
                                    ``(I) the achievement of students 
                                in all public elementary schools and 
                                secondary schools and local educational 
                                agencies in the State on the 
                                assessments described in paragraph (2); 
                                and
                                    ``(II) for high schools in the 
                                State, graduation rates;
                            ``(ii) expects the continuous improvement 
                        of all public schools in the State in the 
                        academic achievement and outcomes of all 
                        students, including the subgroups of students 
                        described in section 1116(b)(1)(B);
                            ``(iii) annually identifies schools that 
                        need supports and interventions to prepare 
                        college and career ready students;
                            ``(iv) provides for the improvement, 
                        through supports and interventions that address 
                        student needs, of all schools that are not 
                        identified under section 1116(b) but are low-
                        performing or have low-performing subgroups of 
                        the students described in section 
                        1116(b)(1)(B);
                            ``(v) develops the capacity of local 
                        educational agencies and schools to effectively 
                        educate their students and continuously 
                        improve;
                            ``(vi) recognizes, and encourages other 
                        local educational agencies to replicate, the 
                        practices of local educational agencies and 
                        schools that are successful in effecting 
                        significant student achievement or student 
                        growth; and
                            ``(vii) meets the requirements of section 
                        1116.
                    ``(B) Subjects covered.--The State shall include in 
                the accountability system the subjects of reading or 
                language arts and mathematics and may include any other 
                subject that the State chooses through its State plan, 
                if the State has adopted academic content standards and 
                student academic achievement standards under paragraph 
                (1)(C) and assessments under paragraph (2)(B) for the 
                subject.
                    ``(C) Accountability for charter schools.--The 
                accountability provisions under this Act shall be 
                overseen for public charter schools in accordance with 
                State charter school law.
                    ``(D) Students with the most significant cognitive 
                disabilities.--In determining the percentage of 
                students who are on track to college and career 
                readiness or, if applicable, attaining growth in 
                accordance with clauses (i) and (ii) of subsection 
                (b)(1)(B), for a subject for any purpose under this 
                section or section 1116 or 1117, a State educational 
                agency may include, for all schools in the State, the 
                performance of the State's students with the most 
                significant cognitive disabilities on alternate 
                assessments as described in paragraph (2)(E) in the 
                subjects included in the State's accountability system, 
                if the total number of those students in all grades 
                assessed and for each subject in the accountability 
                system who are on track to college and career 
                readiness, according to those alternate assessments, 
                does not exceed 1 percent of all students in the State 
                in the grades assessed in each subject.
            ``(4) Transition provisions.--The Secretary shall take such 
        steps as are necessary to provide for the orderly transition 
        between the accountability systems required under section 
        1111(b)(2), as such section was in effect on the day before the 
        date of enactment of the Elementary and Secondary Education 
        Reauthorization Act of 2011, and the new accountability systems 
        required under this subsection.
            ``(5) Voluntary partnerships.--A State may enter into a 
        voluntary partnership with another State to develop and 
        implement the academic assessments, academic content standards, 
        and student academic achievement standards required under this 
        section.
    ``(b) State Plans.--
            ``(1) In general.--For any State desiring to receive a 
        grant under this part, the State educational agency shall 
        submit to the Secretary a plan, developed by the State 
        educational agency in consultation with local educational 
        agencies, teachers, principals, specialized instructional 
        support personnel, administrators, other staff, and parents, 
        that--
                    ``(A) demonstrates the State's compliance with this 
                section;
                    ``(B) if the State chooses to use student growth as 
                a measure of academic progress and to determine if 
                students are on track to college and career readiness, 
                describes how the State will measure student growth to 
                ensure that--
                            ``(i) a student performing below the on-
                        track level of performance for the student's 
                        grade level under subsection (a)(1)(A)(iv) on 
                        the academic assessment for the subject under 
                        subsection (a)(2) is attaining a rate of 
                        academic growth in the subject that indicates 
                        that the student will be on track to college 
                        and career readiness in not more than a 
                        specified number of years; or
                            ``(ii) a student who is performing at or 
                        above the on-track level of performance for the 
                        student's grade level on the academic 
                        assessment for the subject is continuing to 
                        make academic growth;
                    ``(C) is coordinated with the State plans required 
                by other programs under this Act, the Individuals with 
                Disabilities Education Act, the Rehabilitation Act of 
                1973 (29 U.S.C. 701 et seq.), the Carl D. Perkins 
                Career and Technical Education Act of 2006, the Head 
                Start Act, the Child Care and Development Block Grant 
                Act of 1990, and the Adult Education and Family 
                Literacy Act;
                    ``(D) provides an assurance that the State will 
                continue to administer the academic assessments 
                required under paragraphs (3)(A) and (7) of this 
                subsection, as such paragraphs were in effect on the 
                day before the date of enactment of the Elementary and 
                Secondary Education Reauthorization Act of 2011, and to 
                include the results of such assessments in the State's 
                accountability system, until the State has implemented 
                the assessments required under subsection (a)(2);
                    ``(E) provides an assurance that the State will 
                participate in the biennial State academic assessments 
                of grade 4 and grade 8 reading and mathematics under 
                the National Assessment of Educational Progress carried 
                out under section 303(b)(2) of the National Assessment 
                of Educational Progress Authorization Act if the 
                Secretary pays the costs of administering such 
                assessments;
                    ``(F) describes the State accountability system 
                under subsection (a)(3) and the State's plan for blue 
                ribbon schools under section 1117 (if the State chooses 
                to carry out such section);
                    ``(G) describes the process the State will utilize 
                to review local educational agency plans submitted 
                pursuant to section 1112, including the parent and 
                family engagement plan described in section 1118 and 
                other provisions related to parent and family 
                engagement;
                    ``(H) describes the support the State will provide 
                to local educational agencies for the education of 
                homeless children and youths, and how such support is 
                consistent with the requirements of subtitle B of title 
                VII of the McKinney-Vento Homeless Assistance Act;
                    ``(I) describes how the State educational agency 
                has involved the committee of practitioners established 
                under section 1603(b) in developing the plan and 
                monitoring its implementation;
                    ``(J) describes how the State educational agency 
                will coordinate with the State Advisory Council on 
                Early Childhood Education and Care, as appropriate;
                    ``(K) describes how the State and State educational 
                agency will comply with the requirements of section 
                1501, and the State's plan to ensure such compliance;
                    ``(L) describes how, beginning not later than 1 
                year after the date of enactment of the Elementary and 
                Secondary Education Reauthorization Act of 2011, and 
                for each subsequent year--
                            ``(i) the State educational agency will 
                        provide for the equitable distribution of 
                        teachers in the State within local educational 
                        agencies and the State using data on the 
                        percentage and distribution of more than 1, or 
                        an index that incorporates more than 1, of the 
                        categories of teachers described in 
                        subparagraph (M); and
                            ``(ii) the State will report to the 
                        Secretary the percentage and distribution of 
                        teachers in the State, based on the measures 
                        used in the State, for each quartile of schools 
                        based on school poverty level, for high-
                        minority schools, and for low-minority schools; 
                        and
                    ``(M) describes how the State will annually submit 
                to the Secretary, for each quartile of schools in the 
                State based on school poverty level and for high-
                minority schools and low-minority schools in the State, 
                data regarding the percentage and distribution of the 
                following categories of teachers:
                            ``(i) Teachers who are not classified as 
                        highly qualified teachers.
                            ``(ii) Teachers who are inexperienced.
                            ``(iii) Teachers who have not completed a 
                        teacher preparation program.
                            ``(iv) Teachers who are not teaching in the 
                        subject or field for which the teacher is 
                        certified or licensed.
                            ``(v) Where applicable, teachers who are in 
                        the highest or lowest rating categories of a 
                        teacher evaluation system that is consistent 
                        with section 2301(b)(4).
            ``(2) Comprehensive plan.--A State plan submitted under 
        paragraph (1) may be submitted as part of the comprehensive 
        plan under section 9302.
            ``(3) Duration of the plan.--
                    ``(A) In general.--Each State plan shall--
                            ``(i) remain in effect for the duration of 
                        the State's participation under this part; and
                            ``(ii) be periodically reviewed and revised 
                        as necessary by the State educational agency to 
                        reflect changes in the State's strategies and 
                        programs under this part.
                    ``(B) Additional information.--
                            ``(i) Revised plans.--If a State makes 
                        significant changes to its plan, such as 
                        adopting new State academic content standards, 
                        new State student achievement standards, or new 
                        academic assessments under subsection (a), the 
                        State shall submit a revised plan to the 
                        Secretary.
                            ``(ii) Review of revised plans.--The 
                        Secretary shall review the information 
                        submitted under clause (i) and may, 
                        notwithstanding paragraph (4), approve or 
                        disapprove changes to the State plan without 
                        undertaking the peer-review or hearing process 
                        described in such paragraph.
            ``(4) Peer review and secretarial approval.--
                    ``(A) Secretarial duties.--The Secretary shall--
                            ``(i) establish a peer-review process that 
                        maximizes collaboration with each State to 
                        assist in the review of State plans;
                            ``(ii) appoint expert individuals to the 
                        peer-review process who--
                                    ``(I) represent a regionally 
                                diverse cross-section of States;
                                    ``(II) are representative of 
                                parents, teachers, State educational 
                                agencies, and local educational 
                                agencies; and
                                    ``(III) are familiar with 
                                educational standards, assessments, 
                                accountability, the needs of 
                                persistently low-achieving schools as 
                                described in section 1116(c)(2), and 
                                the needs of disadvantaged students and 
                                other educational needs of students;
                            ``(iii) ensure that the peer-review process 
                        provides timely feedback from the peer-review 
                        panel to the States, and that such feedback 
                        shall be made publicly available, including 
                        through electronic means;
                            ``(iv) not decline approval of a State plan 
                        before--
                                    ``(I) offering the State an 
                                opportunity to revise the State plan;
                                    ``(II) providing technical 
                                assistance to the State to meet the 
                                requirements of this subsection and 
                                subsections (a) and (c); and
                                    ``(III) upon the request of a 
                                State, providing a hearing;
                            ``(v) have the authority to disapprove a 
                        State plan for not meeting the requirements of 
                        this part, and may deny approval to a State 
                        plan under this subsection that was recommended 
                        by the peer-review panel by making available 
                        written findings of the cause for such 
                        disapproval;
                            ``(vi) approve a State plan not later than 
                        120 days after its submission unless the 
                        Secretary determines that the plan does not 
                        meet the requirements of this section;
                            ``(vii) if the Secretary determines that 
                        the State plan does not meet the requirements 
                        of this subsection and subsection (c), 
                        immediately notify the State in writing of such 
                        determination and the reasons for such 
                        determination; and
                            ``(viii) not have the authority to require 
                        a State, as a condition of approval of the 
                        State plan, to include in, or delete from, such 
                        plan 1 or more specific elements of the State's 
                        academic content standards or to use specific 
                        academic assessment instruments or items.
                    ``(B) State revisions.--A State plan shall be 
                revised by the State educational agency if necessary to 
                satisfy the requirements of this section.
    ``(c) Parent and Family Engagement.--Each State plan shall include 
a description of how the State will strengthen engagement of the 
parents and families in education (referred to in this subsection as 
the `parent and family engagement plan') in accordance with the 
following:
            ``(1) Statewide parent and family engagement strategy.--The 
        parent and family engagement plan shall demonstrate how the 
        State plans to increase and enhance the engagement of parents 
        and family members in education throughout the State, through 
        the implementation and replication of evidence-based or 
        promising practices and strategies, in order to--
                    ``(A) increase student academic achievement and 
                college and career readiness (as measured by the State 
                academic content and student academic achievement 
                standards);
                    ``(B) provide parents and family members with the 
                skills and opportunities necessary to become full 
                partners in their child's education;
                    ``(C) improve child development;
                    ``(D) strengthen relationships and partnerships 
                among school personnel (including educators and 
                administrators) and parents and family members, to 
                support student achievement and college and career 
                readiness;
                    ``(E) improve the ability of local educational 
                agencies and schools to increase the participation of 
                parents and family members in school improvement 
                strategies; and
                    ``(F) focus the activities described in 
                subparagraphs (A) through (E) in high-need local 
                educational agencies and high-need schools.
            ``(2) Coordination; collection; dissemination.--The parent 
        and family engagement plan shall describe how the State will--
                    ``(A) ensure maximum coordination and minimum 
                duplication of efforts (which may include the 
                designation of a parent and family engagement 
                coordinator) among, at a minimum--
                            ``(i) Federal, State, and local programs;
                            ``(ii) the State Advisory Councils on Early 
                        Childhood Education and Care;
                            ``(iii) the parent and family information 
                        and resource centers established under part G 
                        of title IV; and
                            ``(iv) appropriate non-Federal entities 
                        (such as community-based and philanthropic 
                        organizations); and
                    ``(B) collect and disseminate best practices and 
                research on parent and family engagement strategies 
                to--
                            ``(i) local educational agencies, including 
                        high-need local educational agencies, and high-
                        need schools in the State, such as through 
                        parent and family engagement academies and 
                        other leadership development strategies; and
                            ``(ii) institutions of higher education and 
                        other organizations with a demonstrated record 
                        of success in increasing the engagement of 
                        parents and family members in education.
            ``(3) Technical assistance, training, and capacity-
        building.--The State parent and family engagement plan shall 
        describe the evidence-based technical assistance, professional 
        development, or other capacity-building strategies that the 
        State will provide to, at a minimum, high-need local 
        educational agencies and high-need schools, which--
                    ``(A) shall include the provision of technical 
                assistance to local educational agencies that serve 
                schools identified under subsection (b) or (c)(2) of 
                section 1116;
                    ``(B) shall include partnering with the appropriate 
                parent and family information and resource centers; and
                    ``(C) may include assistance in developing, 
                revising, or implementing the local educational agency 
                plans submitted pursuant to section 1112, as such plans 
                relate to supporting parent and family engagement.
            ``(4) Leveraging resources.--Each State plan may include a 
        description of how the State will leverage resources of 
        employers, business leaders, philanthropic and non-profit 
        organizations, and other community members committed to 
        improving student achievement and development to increase and 
        strengthen parent and family engagement.
    ``(d) Annual State Report Cards.--
            ``(1) In general.--A State that receives a grant under this 
        part shall prepare and disseminate an annual report card for 
        each public elementary school and secondary school in the 
        State, each local educational agency in the State, and the 
        State as a whole.
            ``(2) Requirements for all report cards.--The State shall 
        ensure that the school, local educational agency, and State 
        report cards required under this subsection shall--
                    ``(A) be uniform across the State;
                    ``(B) be concise;
                    ``(C) be presented in a format that is easily 
                understandable and, to the extent practicable, provided 
                in a language that parents can understand; and
                    ``(D) be accessible to the public, which shall 
                include--
                            ``(i) making the State report card and all 
                        local educational agency and school report 
                        cards available on a single webpage of the 
                        State's website;
                            ``(ii) placing, on the website of each 
                        local educational agency and, where applicable, 
                        each school, a link that provides access to the 
                        report card for the local educational agency or 
                        school, respectively; and
                            ``(iii) providing a copy of a school's 
                        report card to the parents of each student 
                        enrolled in the school each year.
            ``(3) Required student information for school report 
        cards.--Each school report card required under paragraph (1) 
        shall include the following:
                    ``(A) A clear and concise description of the 
                State's accountability system under subsection (a)(3), 
                including a description of the criteria by which the 
                State evaluates school performance, and the criteria 
                that the State has established to determine the status 
                of schools.
                    ``(B) Information on each of the following, in the 
                aggregate and disaggregated and cross-tabulated by the 
                subgroups described in subsection (a)(2)(B)(ix) (except 
                that such disaggregation and cross-tabulation shall not 
                be required in a case in which the results would reveal 
                personally identifiable information about an individual 
                student):
                            ``(i) Student achievement at each 
                        performance level on the State academic 
                        assessments that are included in the State's 
                        accountability system under subsection (a)(3).
                            ``(ii) The percentage of students who do 
                        not take the State academic assessments.
                            ``(iii) The most recent 3-year trend in 
                        student achievement in each subject area, and 
                        for each grade level, for such assessments.
                            ``(iv) A comparison of the school's student 
                        academic assessment data to the State average 
                        for each tested subject.
                            ``(v) In the case of a school in a State 
                        described in subsection (b)(1)(B)--
                                    ``(I) the number and percentage of 
                                students who are attaining growth, in 
                                accordance with clauses (i) and (ii) of 
                                such subsection, for each subject area 
                                and grade level; and
                                    ``(II) the most recent 3-year trend 
                                in student growth in each subject area, 
                                and for each grade level, for the State 
                                academic assessments.
                            ``(vi) The number and percentage of 
                        students with the most significant cognitive 
                        disabilities that take an alternate assessment 
                        under subsection (a)(2)(E), by grade and 
                        subject.
                            ``(vii) The number of students who are 
                        English learners, and the performance of such 
                        students, on the State's English language 
                        proficiency assessments under subsection 
                        (a)(2)(D), including the students' attainment 
                        of, and progress toward, higher levels of 
                        English language proficiency.
                            ``(viii) For each high school--
                                    ``(I) student graduation rates, 
                                including--
                                            ``(aa) the 4-year adjusted 
                                        cohort graduation rate, as 
                                        defined in section 9101(30)(A); 
                                        and
                                            ``(bb) the cumulative 
                                        graduation rate, as defined in 
                                        section 9101(30)(B); and
                                    ``(II) not later than the beginning 
                                of the 2012-2013 school year, the rate 
                                at which students who graduated from 
                                the high school in the preceding year 
                                enrolled in institutions of higher 
                                education by the beginning of the next 
                                school year; and
                                    ``(III) not later than the 
                                beginning of the 2013-2014 school year, 
                                the rate of student remediation, in the 
                                aggregate, for high school graduates 
                                who enroll in public institutions of 
                                higher education in the State or in 
                                other institutions of higher education 
                                (to the extent obtaining the data 
                                regarding remediation from other 
                                institutions is practicable).
                    ``(C) The school's categorization, if applicable, 
                in the State school accountability and improvement 
                system under section 1116.
                    ``(D) The most recently available academic 
                achievement results in grades 4 and 8 of the State's 
                students on the National Assessment of Educational 
                Progress in reading and mathematics, including the 
                percentage of students at each achievement level in the 
                aggregate and by the groups described in section 
                303(b)(2)(G) of the National Assessment of Educational 
                Progress Authorization Act (20 U.S.C. 9622(b)(2)(G)).
            ``(4) Optional information.--A State may include in each 
        school report card such other information as the State believes 
        will best provide parents, students, and other members of the 
        public with information regarding the progress of each of the 
        State's public elementary and secondary schools. Such 
        information may include--
                    ``(A) the percentage of students passing 
                examinations related to coursework acceptable for 
                postsecondary credit at institutions of higher 
                education, such as Advanced Placement or International 
                Baccalaureate examinations;
                    ``(B) the average class size, by grade;
                    ``(C) the incidence of school violence, bullying, 
                drug abuse, alcohol abuse, student suspensions, student 
                detentions, and student expulsions;
                    ``(D) indicators of school climate;
                    ``(E) student attendance; and
                    ``(F) school readiness of students in kindergarten.
            ``(5) Local educational agency and state report cards.--
        Each local educational agency report card and State report card 
        required under paragraph (1)--
                    ``(A) shall include the data described in clauses 
                (i) through (viii) of paragraph (3)(B) for the local 
                educational agency or State, respectively, as a whole 
                and disaggregated by the subgroups described in 
                subsection (a)(2)(B)(ix);
                    ``(B) may include any optional information 
                described in paragraph (4) for the local educational 
                agency or State, respectively; and
                    ``(C) in the case of a State report card, shall 
                include the data described in paragraph (3)(B)(viii) 
                disaggregated by status as a child in foster care, 
                except that such disaggregation shall not be required 
                in a case in which the number of students in a category 
                is insufficient to yield statistically reliable 
                information or the results would reveal personally 
                identifiable information about an individual student.
            ``(6) Data.--A State shall only include in a school report 
        card or local educational agency report card, data that do not 
        reveal personally identifiable information about an individual 
        student.
            ``(7) Preexisting report cards.--A State educational agency 
        or local educational agency that was providing public report 
        cards on the performance of students, schools, local 
        educational agencies, or the State prior to the date of 
        enactment of the Elementary and Secondary Education 
        Reauthorization Act of 2011, may use those report cards for the 
        purpose of this subsection as long as any such report card is 
        modified, as may be needed, to contain the information required 
        by this subsection.
            ``(8) Cost reduction.--Each State educational agency and 
        local educational agency receiving assistance under this part 
        shall, wherever possible, take steps to reduce data collection 
        costs and duplication of effort by obtaining the information 
        required under this subsection through existing data collection 
        efforts.
            ``(9) Cross-tabulated data not used for accountability.--
        Groups of students obtained by cross-tabulating data under this 
        subsection shall not be considered to be subgroups under 
        section 1116. Such cross-tabulated data shall not be used to 
        determine whether a school is identified under subsection (b) 
        or (c) of section 1116 or is a low-performing school under 
        section 1116(e).
    ``(e) Reporting.--
            ``(1) Annual state report.--Each State educational agency 
        that receives assistance under this part shall report annually 
        to the Secretary, and make widely available within the State--
                    ``(A) information on the State's progress in 
                developing and implementing the academic assessments 
                described in subsection (a)(2);
                    ``(B) information on the achievement of students, 
                in terms of being on track to college and career 
                readiness and, for States described in subsection 
                (b)(1)(B), in terms of attaining growth in accordance 
                with clauses (i) and (ii) of such subsection, on such 
                academic assessments, including results disaggregated 
                (except in a case in which the number of students in a 
                category is insufficient to yield statistically 
                reliable information or the results would reveal 
                personally identifiable information about an individual 
                student) by the subgroups described in subsection 
                (a)(2)(B)(ix) and by status as a child in foster care;
                    ``(C) in any year before the State begins to 
                provide the information described in subparagraph (B), 
                information on the results of student academic 
                assessments (including results disaggregated by the 
                subgroups described in subsection (a)(2)(B)(ix)) 
                required under this section;
                    ``(D) information on the acquisition of English 
                language proficiency by students who are English 
                learners;
                    ``(E) the number of schools, and the name of each 
                school, identified under section 1116(c)(2); and
                    ``(F) the number of schools, and the name of each 
                school, identified under section 1117.
            ``(2) Secretary's report card and biennial evaluation 
        report.--
                    ``(A) Secretary's report card.--Not later than July 
                1, 2013, and annually thereafter, the Secretary shall 
                prepare and submit to the authorizing committees a 
                national report card on the status of elementary and 
                secondary education in the United States. Such report 
                shall--
                            ``(i) analyze existing data from State 
                        reports required under this Act, the 
                        Individuals with Disabilities Education Act, 
                        and the Carl D. Perkins Career and Technical 
                        Education Act of 2006, and summarize major 
                        findings from such reports;
                            ``(ii) analyze data from the National 
                        Assessment of Educational Progress and 
                        international assessments, including the Third 
                        International Mathematics and Science Survey;
                            ``(iii) identify trends in student 
                        achievement, student performance, and high 
                        school graduation rates, by analyzing and 
                        reporting on the status and performance of 
                        subgroups of students, including subgroups 
                        based on race, ethnicity, and socioeconomic 
                        status and the subgroups of children with 
                        disabilities and English learners;
                            ``(iv) compare the performance of students, 
                        including the subgroups described in clause 
                        (iii), across States and local educational 
                        agencies across the United States;
                            ``(v) identify and report on promising 
                        practices, areas of greatest improvement in 
                        student achievement and educational attainment, 
                        and other examples worthy of national 
                        attention;
                            ``(vi) identify and report on areas of 
                        educational concern that warrant national 
                        attention; and
                            ``(vii)(I) analyze existing data, as of the 
                        time of the report, on Federal, State, and 
                        local expenditures on education, including per 
                        pupil spending, teacher salaries and pension 
                        obligations, school level spending, and other 
                        financial data publicly available; and
                            ``(II) report on current trends and major 
                        findings resulting from the analysis.
                    ``(B) Special rule.--The information used to 
                prepare the report described in subparagraph (A) shall 
                be derived from existing State and local reporting 
                requirements and data sources. Nothing in this 
                paragraph shall be construed as authorizing, requiring, 
                or allowing any additional reporting requirements, data 
                elements, or information to be reported to the 
                Secretary not otherwise explicitly authorized by any 
                other Federal law.
                    ``(C) Biennial report.--The Secretary shall 
                transmit biennially to the authorizing committees a 
                report that provides national and State-level data on 
                the information collected under paragraph (1).
    ``(f) Penalties.--If a State that receives a grant under this part 
fails to meet any requirement of this part, the Secretary may withhold 
funds for State administration under this part until the Secretary 
determines that the State has fulfilled those requirements.
    ``(g) Parents' Right-to-know.--
            ``(1) Qualifications.--At the beginning of each school 
        year, a local educational agency that receives funds under this 
        part shall notify the parents of each student attending any 
        school receiving funds under this part that the parents may 
        request, and the agency will provide the parents on request 
        (and in a timely manner), information regarding the 
        professional qualifications of the student's classroom 
        teachers, including, at a minimum, the following:
                    ``(A) Whether the teacher has met State 
                qualification and licensing criteria for the grade 
                levels and subject areas in which the teacher provides 
                instruction.
                    ``(B) Whether the teacher is teaching under 
                emergency or other provisional status through which 
                State qualification or licensing criteria have been 
                waived.
                    ``(C) The baccalaureate degree major of the teacher 
                and any other graduate certification or degree held by 
                the teacher, and the field of discipline of the 
                certification or degree.
                    ``(D) Whether the student is provided services by 
                paraprofessionals and, if so, their qualifications.
            ``(2) Additional information.--In addition to the 
        information that parents of students may request under 
        paragraph (1), a school that receives funds under this part 
        shall provide to each individual parent, with respect to the 
        student--
                    ``(A) information on the level of achievement of 
                the student in each of the State academic assessments 
                as required under this part; and
                    ``(B) timely notice that the student has been 
                assigned, or has been taught for 4 or more consecutive 
                weeks by, a teacher who is not a highly qualified 
                teacher.
            ``(3) Format.--The notice and information provided to 
        parents under this subsection shall be in an understandable and 
        uniform format and, to the extent practicable, provided in a 
        language that the parents can understand.
    ``(h) Privacy.--Information collected under this section shall be 
collected and disseminated in a manner that protects the privacy of 
individuals.
    ``(i) Technical Assistance.--The Secretary shall provide a State 
educational agency, at the State educational agency's request, 
technical assistance in meeting the requirements of this section, 
including the provision of advice by experts in the development of 
high-quality academic assessments, the setting of State standards, the 
development of State accountability systems, the minimum number of 
students in a subgroup needed to protect confidentiality, and other 
relevant areas.
    ``(j) Construction.--Nothing in this part shall be construed to 
prescribe the use of the academic assessments described in this part 
for student promotion or graduation purposes.
    ``(k) Special Rule With Respect to Bureau-funded Schools.--In 
determining the assessments to be used by each school operated or 
funded by the Bureau of Indian Education of the Department of Interior 
that receives funds under this part, the following shall apply:
            ``(1) State accredited schools.--Each such school that is 
        accredited by the State in which it is operating shall use the 
        assessments the State has developed and implemented to meet the 
        requirements of this section, or such other appropriate 
        assessment as approved by the Secretary of the Interior.
            ``(2) Regionally accredited schools.--Each such school that 
        is accredited by a regional accrediting organization shall 
        adopt appropriate assessments, in consultation with and with 
        the approval of, the Secretary of the Interior and consistent 
        with assessments adopted by other schools in the same State or 
        region, that meets the requirements of this section.
            ``(3) Tribally accredited schools.--Each such school that 
        is accredited by a tribal accrediting agency or tribal division 
        of education shall use assessments developed by such agency or 
        division, except that the Secretary of the Interior shall 
        ensure that such assessments meet the requirements of this 
        section.''.

SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

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

``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

    ``(a) Plans Required.--
            ``(1) Subgrants.--A local educational agency may receive a 
        subgrant under this part for any fiscal year only if such 
        agency has on file with the State educational agency a plan, 
        approved by the State educational agency, that is coordinated 
        with other programs under this Act, the Individuals with 
        Disabilities Education Act, the Carl D. Perkins Career and 
        Technical Education Act of 2006, the McKinney-Vento Homeless 
        Assistance Act, and other Acts, as appropriate.
            ``(2) Consolidated application.--The plan may be submitted 
        as part of a consolidated application under section 9305.
    ``(b) Plan Development and Duration.--
            ``(1) Consultation.--Each local educational agency plan 
        shall be developed in consultation with--
                    ``(A) teachers, principals, administrators, and 
                other appropriate school personnel;
                    ``(B) representatives of early childhood education 
                and care programs in the geographic area served by the 
                local educational agency, as appropriate; and
                    ``(C) parents and family members of children in 
                schools served under this part.
            ``(2) Duration.--Each local educational agency plan shall 
        be submitted pursuant to this section for the first year for 
        which this part is in effect following the date of enactment of 
        the Elementary and Secondary Education Reauthorization Act of 
        2011 and shall remain in effect for the duration of the 
        agency's participation under this part.
            ``(3) Review.--Each local educational agency shall 
        periodically review and, as necessary, revise its plan to 
        reflect changes in the local educational agency's strategies 
        and programs under this part.
    ``(c) State Approval.--
            ``(1) In general.--Each local educational agency plan shall 
        be filed according to a schedule established by the State 
        educational agency.
            ``(2) Approval.--The State educational agency shall approve 
        a local educational agency's plan only if the State educational 
        agency determines that the local educational agency's plan--
                    ``(A) enables schools served under this part to 
                substantially help children served under this part meet 
                the academic content and student academic achievement 
                standards expected of all children described in section 
                1111(a)(1); and
                    ``(B) meets the requirements of this part.
    ``(d) Plan Provisions.--In order to help low-achieving children 
meet college and career ready student academic achievement standards, 
and to close the achievement gap between high- and low-achieving 
children, especially achievement gaps between minority and nonminority 
students, and between disadvantaged children and their more advantaged 
peers, each local educational agency plan shall describe each of the 
following:
            ``(1) How the local educational agency will work with each 
        of the schools served by the agency to--
                    ``(A) develop and implement a comprehensive program 
                of instruction to meet the academic needs of all 
                students;
                    ``(B) identify quickly and effectively students who 
                may be at risk for academic failure;
                    ``(C) provide additional educational assistance to 
                individual students assessed as needing help in meeting 
                the State's college and career ready student academic 
                achievement standards;
                    ``(D) identify significant gaps in student 
                achievement among subgroups of students identified 
                under section 1111(a)(2)(B)(ix) and develop strategies 
                to reduce such gaps in achievement; and
                    ``(E) identify and implement effective methods and 
                instructional strategies that are based on 
                scientifically valid research intended to strengthen 
                the core academic programs of the schools, including 
                multi-tiered systems of support, universal design for 
                learning, and positive behavioral interventions and 
                supports.
            ``(2) How the local educational agency will monitor and 
        evaluate the effectiveness of school programs in improving 
        student academic achievement, especially for students not 
        meeting college and career ready student academic achievement 
        standards.
            ``(3) The strategy the local educational agency will use to 
        implement effective parent and family engagement under section 
        1118.
            ``(4) How the local educational agency will coordinate and 
        integrate services provided under this part with other early 
        childhood education and care programs at the local educational 
        agency or individual school level (including programs under 
        section 619 of the Individuals with Disabilities Education Act) 
        that include plans for the transition of participants in such 
        programs to local elementary school programs and, if 
        appropriate, a description of how the local educational agency 
        will use funds under this part to support preschool programs 
        for children, particularly children participating in a Head 
        Start program, which may be provided directly by the local 
        educational agency or through a subcontract with the Head Start 
        agency designated by the Secretary of Health and Human Services 
        under section 641 of the Head Start Act, or another comparable 
        public early childhood education and care program.
            ``(5) How activities under this part will be coordinated 
        and integrated with Federal, State, and local services and 
        programs, including programs supported under this Act, the Carl 
        D. Perkins Career and Technical Education Act of 2006, the 
        Individuals with Disabilities Education Act, the Rehabilitation 
        Act of 1973, the Head Start Act, the Child Care and Development 
        Block Grant Act of 1990, and the Workforce Investment Act of 
        1998, violence prevention programs, nutrition programs, and 
        housing programs.
            ``(6) How the local educational agency will coordinate and 
        integrate services provided under this part with local 
        workforce development programs that serve disadvantaged or out-
        of-school youth, such as those providing workforce investment 
        activities under chapter 4 of subtitle B of title I of the 
        Workforce Investment Act of 1998, including a description of 
        how the local educational agency will use funds under this part 
        to support such activities.
            ``(7) The poverty criteria that will be used to select 
        school attendance areas under section 1113.
            ``(8) How teachers, in consultation with parents and family 
        members, administrators, and specialized instructional support 
        personnel, in targeted assistance schools under section 1115, 
        will identify the eligible children most in need of services 
        under this part.
            ``(9) How the local educational agency will identify and 
        address any disparities in the equitable distribution of 
        teachers, consistent with the requirements of section 
        1111(b)(1)(L).
            ``(10) Data on the percentage and distribution of more than 
        1, or an index that incorporates more than 1, of the categories 
        of teachers described in subparagraphs (A) through (E) of 
        subsection (e)(10).
            ``(11) A general description of the nature of the programs 
        to be conducted by such agency's schools under sections 1114 
        and 1115 and, where appropriate, educational services outside 
        such schools for children living in local institutions for 
        neglected or delinquent children, and for neglected and 
        delinquent children in community day school programs.
            ``(12) A description of--
                    ``(A) how the local educational agency will provide 
                opportunities for the enrollment, attendance, and 
                success of homeless children and youths; and
                    ``(B) the services the local educational agency 
                will provide homeless children and youths, including 
                services provided with funds reserved under section 
                1113(c)(3), and how those services may differ from 
                those provided in prior years.
            ``(13) A description of the support the local educational 
        agency will provide for homeless children and youths, 
        consistent with the requirements of the McKinney-Vento Homeless 
        Assistance Act.
    ``(e) Assurances.--Each local educational agency plan shall provide 
assurances that the local educational agency will--
            ``(1) use the results of the academic assessments required 
        under section 1111(a)(2), and other measures or indicators 
        available to the agency, to review annually the progress of 
        each school served by the agency and receiving funds under this 
        part to determine whether all of the schools are making the 
        progress necessary to ensure that all students will meet the 
        State's on-track or advanced level of achievement on the State 
        academic assessments required under such section;
            ``(2) provide to parents and teachers the results from the 
        academic assessments required under section 1111(a)(2) as soon 
        as is practicably possible after the test is taken in an 
        understandable and uniform format and, to the extent possible, 
        provided in a language that the parents and, to the greatest 
        extent practicable, family members, can understand;
            ``(3) participate, if selected, in State academic 
        assessments of student achievement in reading and mathematics 
        in grades 4 and 8 carried out under section 303(b)(3) of the 
        National Assessment of Educational Progress Authorization Act;
            ``(4) fulfill such agency's school improvement 
        responsibilities under section 1116;
            ``(5) ensure that migratory children who are eligible to 
        receive services under this part are selected to receive such 
        services on the same basis as other children who are selected 
        to receive services under this part;
            ``(6) provide services to eligible children attending 
        private elementary schools and secondary schools in accordance 
        with section 1120, and timely and meaningful consultation with 
        private school officials regarding such services;
            ``(7) inform eligible schools of the local educational 
        agency's authority to obtain waivers on the school's behalf 
        under applicable Federal flexibility provisions;
            ``(8) in the case of a local educational agency that 
        chooses to use funds under this part to provide early childhood 
        education and care services to low-income children below the 
        age of compulsory school attendance, ensure that such services 
        comply with the education performance standards in effect under 
        section 641A(a)(1)(B) of the Head Start Act;
            ``(9) comply with the requirements of section 1501 that 
        relate to the local educational agency and describe the local 
        educational agency's plan to ensure such compliance; and
            ``(10) annually submit to the State educational agency, for 
        each quartile of schools in the local educational agency based 
        on school poverty level and for high-minority schools and low-
        minority schools in the local educational agency, data 
        regarding the percentage and distribution of the following 
        categories of teachers:
                    ``(A) Teachers who are not classified as highly 
                qualified teachers.
                    ``(B) Teachers who are inexperienced.
                    ``(C) Teachers who have not completed a teacher 
                preparation program.
                    ``(D) Teachers who are not teaching in the subject 
                or field for which the teacher is certified or 
                licensed.
                    ``(E) Where applicable, teachers who are in the 
                highest or lowest categories of a teacher evaluation 
                system that is consistent with section 2301(b)(4).
    ``(f) Parental Notification Regarding Language Instruction 
Programs.--
            ``(1) In general.--Each local educational agency using 
        funds under this part to provide a language instruction 
        educational program as determined under part C of title III 
        shall, not later than 30 days after the beginning of the school 
        year, inform a parent or parents of an English learner 
        identified for participation or participating in, such a 
        program of--
                    ``(A) the reasons for the identification of their 
                child as an English learner and in need of placement in 
                a language instruction educational program;
                    ``(B) the child's level of English proficiency, how 
                such level was assessed, and the status of the child's 
                academic achievement;
                    ``(C) the methods of instruction used in the 
                program in which their child is, or will be, 
                participating, and the methods of instruction used in 
                other available programs, including how such programs 
                differ in content, instructional goals, and the use of 
                English and a native language in instruction;
                    ``(D) how the program in which their child is, or 
                will be, participating, will meet the educational 
                strengths and needs of their child;
                    ``(E) how such program will specifically help their 
                child learn English, and meet age-appropriate academic 
                achievement standards for grade promotion and 
                graduation;
                    ``(F) the specific exit requirements for the 
                program, including the expected rate of transition from 
                such program into classrooms that are not tailored for 
                English learners, and the expected rate of graduation 
                from secondary school for such program if funds under 
                this part are used for children in secondary schools;
                    ``(G) in the case of a child with a disability, how 
                such program meets the objectives of the individualized 
                education program of the child; and
                    ``(H) information pertaining to parental rights 
                that includes written guidance--
                            ``(i) detailing--
                                    ``(I) the right that parents have 
                                to have their child immediately removed 
                                from such program upon their request; 
                                and
                                    ``(II) the options that parents 
                                have to decline to enroll their child 
                                in such program or to choose another 
                                program or method of instruction, if 
                                available; and
                            ``(ii) assisting parents in selecting among 
                        various programs and methods of instruction, if 
                        more than 1 program or method is offered by the 
                        eligible entity.
            ``(2) Notice.--The notice and information provided in 
        paragraph (1) to a parent or parents of a child identified for 
        participation in a language instruction educational program for 
        English learners shall be in an understandable and uniform 
        format and, to the extent practicable, provided in a language 
        that the parents can understand.
            ``(3) Special rule applicable during the school year.--For 
        those children who have not been identified as English learners 
        prior to the beginning of the school year and who are 
        subsequently so identified, the local educational agency shall 
        notify the parents of such children within the first 2 weeks of 
        the child being placed in a language instruction educational 
        program consistent with paragraphs (1) and (2).
            ``(4) Parental participation.--Each local educational 
        agency receiving funds under this part shall implement an 
        effective means of outreach to parents and, to the extent 
        practicable, family members, of English learner students to 
        inform the parents and family members regarding how the parents 
        and family members can be involved in the education of their 
        children, and be active participants in assisting their 
        children to attain English proficiency, achieve at high levels 
        in core academic subjects, and meet college and career ready 
        State student academic achievement standards and State academic 
        content standards expected of all students, including holding, 
        and sending notice of opportunities for, regular meetings for 
        the purpose of formulating and responding to recommendations 
        from parents and family members of students assisted under this 
        part.
            ``(5) Basis for admission or exclusion.--A student shall 
        not be admitted to, or excluded from, any federally assisted 
        education program on the basis of a surname or language-
        minority status.''.

SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

    Section 1113 (20 U.S.C. 6313) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) Ranking order.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if funds allocated in accordance with 
                subsection (c) are insufficient to serve all eligible 
                school attendance areas, a local educational agency 
                shall--
                            ``(i) annually rank, without regard to 
                        grade spans, such agency's eligible school 
                        attendance areas in which the concentration of 
                        children from low-income families exceeds 75 
                        percent, or exceeds 50 percent in the case of 
                        the high schools served by such agency, from 
                        highest to lowest according to the percentage 
                        of children from low-income families; and
                            ``(ii) serve such eligible school 
                        attendance areas in rank order.
                    ``(B) Applicability.--A local educational agency 
                shall not be required to reduce, in order to comply 
                with subparagraph (A), the amount of funding provided 
                under this part to elementary schools and middle 
                schools from the amount of funding provided under this 
                part to such schools for the fiscal year preceding the 
                data of enactment of the Elementary and Secondary 
                Education Reauthorization Act of 2011 in order to 
                provide funding under this part to high schools 
                pursuant to subparagraph (A).'';
                    (B) by striking paragraph (5) and inserting the 
                following:
            ``(5) Measures.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the local educational agency shall 
                use the same measure of poverty, which measure shall be 
                the number of children ages 5 through 17 in poverty 
                counted in the most recent census data approved by the 
                Secretary, the number of children eligible for free and 
                reduced priced lunches under the Richard B. Russell 
                National School Lunch Act, the number of children in 
                families receiving assistance under the State program 
                funded under part A of title IV of the Social Security 
                Act, or the number of children eligible to receive 
                medical assistance under the Medicaid program, or a 
                composite of such indicators, with respect to all 
                school attendance areas in the local educational 
                agency--
                            ``(i) to identify eligible school 
                        attendance areas;
                            ``(ii) to determine the ranking of each 
                        area; and
                            ``(iii) to determine allocations under 
                        subsection (c).
                    ``(B) Low-income families in secondary schools.--
                For measuring the number of students in low-income 
                families in secondary schools, the local educational 
                agency shall use the same measure of poverty, which 
                shall be the calculation producing the greater of the 
                results from among the following 2 calculations:
                            ``(i) The calculation described under 
                        subparagraph (A).
                            ``(ii) A feeder pattern described in 
                        subparagraph (C).
                    ``(C) Feeder pattern.--In this part, the term 
                `feeder pattern' means an accurate estimate of the 
                number of students in low-income families in a 
                secondary school that is calculated by applying the 
                average percentage of students in low-income families 
                of the elementary school attendance areas as calculated 
                under subparagraph (A) that feed into the secondary 
                school to the number of students enrolled in such 
                school.''; and
                    (C) by adding at the end the following:
            ``(8) Reservation for early childhood education and care.--
        A local educational agency may reserve funds made available to 
        carry out this section for early childhood education and care 
        in eligible school attendance areas before making allocations 
        to high schools in eligible school attendance areas pursuant to 
        this section.''; and
            (2) in subsection (c)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) Reservation for homeless children and youth and other 
        at-risk children.--
                    ``(A) Funds for homeless children and youth and 
                other at-risk children.--A local educational agency 
                shall reserve such funds as are necessary under this 
                part to serve--
                            ``(i) homeless children who do not attend 
                        participating schools, including providing 
                        educationally related support services to 
                        children in shelters and other locations where 
                        children may live;
                            ``(ii) children in local institutions for 
                        neglected children;
                            ``(iii) if appropriate, children in local 
                        institutions for delinquent children, and 
                        neglected or delinquent children in community 
                        day programs; and
                            ``(iv) children in foster care (as defined 
                        in section 1502), including providing points of 
                        contact (as described in section 1501(d)) in 
                        local educational agencies for child welfare 
                        agencies and children in foster care.
                    ``(B) Reservation of funds.--Notwithstanding the 
                requirements of subsections (b) and (c) of section 
                1120A, funds reserved under subparagraph (A) may be 
                used to provide homeless children and youths with 
                services not ordinarily provided to other students 
                under this part, including--
                            ``(i) providing funding for the liaison 
                        designated pursuant to section 722(g)(1)(J)(ii) 
                        of the McKinney-Vento Homeless Assistance Act;
                            ``(ii) providing transportation pursuant to 
                        section 722(g)(1)(J)(iii) of such Act;
                            ``(iii) providing services to preschool-
                        aged homeless children and homeless secondary 
                        school students;
                            ``(iv) providing support services to 
                        homeless children and youths in shelters and 
                        other locations where they may live; and
                            ``(v) removing barriers to homeless 
                        children and youths' enrollment, attendance, 
                        retention, and success in school.
                    ``(C) Amount reserved.--The amount of funds 
                reserved in accordance with subparagraph (A)(i) shall 
                be determined by an assessment of the needs of homeless 
                children and youths in the local educational agency. 
                Such needs assessment shall include the following:
                            ``(i) Information related to child, youth, 
                        and family homelessness in the local 
                        educational agency obtained through the 
                        coordination and collaboration required under 
                        subsections (f)(4) and (g)(5) of section 722 of 
                        the McKinney-Vento Homeless Assistance Act.
                            ``(ii) The number of homeless children and 
                        youths reported by the local educational agency 
                        to the State educational agency under section 
                        722(f)(3) of the McKinney-Vento Homeless 
                        Assistance Act for the previous school year.''; 
                        and
                    (B) in paragraph (4), by striking ``eligible under 
                this section and identified for school improvement, 
                corrective action, and restructuring under section 
                1116(b)'' and inserting ``identified under section 
                1116(c)(2)''.

SEC. 1114. SCHOOLWIDE PROGRAMS.

    Section 1114 (20 U.S.C. 6314) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by adding at the end the 
                following: ``Funds under this part may be used to 
                support activities that address needs identified 
                through the comprehensive needs assessment under 
                subsection (b)(1)(A) and consistent with the schoolwide 
                program.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)(ii), by striking 
                        ``provide'' and all that follows through the 
                        period and inserting ``identify particular 
                        services as supplemental.''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Supplemental funds.--
                            ``(i) In general.--A local educational 
                        agency serving a school participating in a 
                        schoolwide program shall use funds available to 
                        carry out this section only to supplement the 
                        aggregate amount of funds that would, in the 
                        absence of funds under this part, be made 
                        available from State and local sources for the 
                        school, including funds needed to provide 
                        services that are required by law for children 
                        with disabilities and children who are English 
                        learners.
                            ``(ii) Compliance.--To demonstrate 
                        compliance with clause (i), a local educational 
                        agency shall demonstrate that the methodology 
                        it uses to allocate State and local funds to 
                        each school receiving funds under this part 
                        ensures the school receives all of the State 
                        and local funds the school would otherwise 
                        receive if it were not receiving funds under 
                        this part.
                            ``(iii) Nonapplicability.--Section 1120A(b) 
                        shall not apply to schools operating schoolwide 
                        programs under this section.'';
                    (C) in paragraph (3)(B)--
                            (i) by inserting ``or'' after ``civil 
                        rights,''; and
                            (ii) by striking ``, services to private 
                        school children, maintenance of effort, 
                        comparability of services, uses of Federal 
                        funds to supplement, not supplant non-Federal 
                        funds, or the distribution of funds to State 
                        educational agencies or local educational 
                        agencies''; and
                    (D) by striking paragraph (4);
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``section 1309(2)'' 
                                and inserting ``section 1312''; and
                                    (II) by striking ``section 
                                1111(b)(1)'' and inserting ``section 
                                1111(a)(1)''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (i)--
                                            (aa) by striking 
                                        ``proficient and advanced'' and 
                                        inserting ``on-track and 
                                        advanced''; and
                                            (bb) by striking ``section 
                                        1111(b)(1)(D)'' and inserting 
                                        ``section 1111(a)(1)(A)(iv)'';
                                    (II) in clause (ii), by striking 
                                ``scientifically based research'' and 
                                inserting ``scientifically valid 
                                research''; and
                                    (III) in clause (iii)--
                                            (aa) in subclause (I)--

                                                    (AA) in item (aa), 
                                                by striking ``pupil 
                                                services'' and 
                                                inserting ``specialized 
                                                instructional support 
                                                services''; and

                                                    (BB) in item (cc), 
                                                by striking 
                                                ``vocational and 
                                                technical education 
                                                programs; and'' and 
                                                inserting ``career and 
                                                technical education 
                                                programs;''; and

                                            (bb) by adding at the end 
                                        the following:
                                    ``(III) a multi-tier system of 
                                supports and positive behavior 
                                supports; and'';
                            (iii) in subparagraph (C), by inserting 
                        ``and highly rated'' after ``qualified'';
                            (iv) by striking subparagraphs (D) and (F);
                            (v) by redesignating subparagraphs (E), 
                        (G), (H), (I), and (J), as subparagraphs (D), 
                        (E), (F), (G), and (H), respectively;
                            (vi) in subparagraph (D), as redesignated 
                        by clause (v), by inserting ``and highly 
                        rated'' after ``qualified'';
                            (vii) in subparagraph (E), as redesignated 
                        by clause (v), by striking ``, Even Start, 
                        Early Reading First,'' and inserting ``, 
                        programs under part A of title IV,'';
                            (viii) in subparagraph (F), as redesignated 
                        by clause (v), by striking ``section 
                        1111(b)(3)'' and inserting ``section 
                        1111(a)(2)''; and
                            (ix) in subparagraph (G), as redesignated 
                        by clause (v), by striking ``proficient or 
                        advanced levels of academic achievement 
                        standards required by section 1111(b)(1)'' and 
                        inserting ``on-track and advanced levels of 
                        academic achievement standards required by 
                        section 1111(a)(1)(A)(iv)''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``No Child Left Behind 
                                Act of 2001), in consultation with the 
                                local educational agency and its school 
                                support team or other technical 
                                assistance provider under section 
                                1117,'' and inserting ``Elementary and 
                                Secondary Education Reauthorization Act 
                                of 2011), in consultation with the 
                                local educational agency,''; and
                                    (II) in clause (iv), by striking 
                                ``section 1111(b)(3)'' and inserting 
                                ``section 1111(a)(2)''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (i)--
                                            (aa) in subclause (I), by 
                                        striking ``, after considering 
                                        the recommendation of the 
                                        technical assistance providers 
                                        under section 1117,''; and
                                            (bb) in subclause (II), by 
                                        striking ``the No Child Left 
                                        Behind Act of 2001'' and 
                                        inserting ``the Elementary and 
                                        Secondary Education 
                                        Reauthorization Act of 2011'';
                                    (II) in clause (ii), by striking 
                                ``pupil services personnel'' and 
                                inserting ``specialized instructional 
                                support personnel''; and
                                    (III) in clause (v), by striking 
                                ``Reading First, Early Reading First, 
                                Even Start,'' and inserting ``part A of 
                                title IV,''; and
            (3) in subsection (c), by striking ``Even Start programs or 
        Early Reading First programs'' and inserting ``programs under 
        part A of title IV''.

SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

    Section 1115 (20 U.S.C. 6315) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(B)--
                            (i) by striking ``challenging'' and 
                        inserting ``college and career ready''; and
                            (ii) by striking ``except that'' and all 
                        that follows through the period at the end and 
                        inserting ``including children who are at risk 
                        of failing to be ready for elementary 
                        school.''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``or 
                        limited English proficient children'' and 
                        inserting ``, or English learners''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Head start or literacy programs.--A child 
                who, at any time in the 2 years preceding the year for 
                which the determination is made, participated in a Head 
                Start program, a program under part A of title IV, or 
                in preschool services under this title, is eligible for 
                services under this part.'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``challenging'' and inserting 
                        ``college and career ready'';
                            (ii) in subparagraph (A), by striking 
                        ``challenging'' and inserting ``college and 
                        career ready'';
                            (iii) in subparagraph (C)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``scientifically based 
                                research'' and inserting 
                                ``scientifically valid research'';
                                    (II) in clause (ii), by striking 
                                ``and'' after the semicolon;
                                    (III) in clause (iii), by inserting 
                                ``and'' after the semicolon;
                                    (IV) by adding at the end the 
                                following:
                            ``(iv) may include a multi-tier system of 
                        supports and positive behavioral supports;'';
                            (iv) in subparagraph (D), by striking 
                        ``Even Start, Early Reading First'' and 
                        inserting ``programs under part A of title 
                        IV,'';
                            (v) in subparagraph (E), by inserting ``and 
                        highly rated'' after ``qualified''; and
                            (vi) in subparagraph (F)--
                                    (I) by striking ``subsection (e)(3) 
                                and''; and
                                    (II) by striking ``pupil services 
                                personnel'' and inserting ``specialized 
                                instructional support personnel''; and
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``proficient and advanced'' 
                        and inserting ``on-track and advanced''; and
                            (ii) in subparagraph (B), by striking 
                        ``challenging'' and inserting ``college and 
                        career ready''; and
            (3) in subsection (e)(2)(B)(iii), by striking ``pupil 
        services personnel'' and inserting ``specialized instructional 
        support personnel''.

SEC. 1116. SCHOOL PERFORMANCE.

    Section 1116 (20 U.S.C. 6316) is amended to read as follows:

``SEC. 1116. SCHOOL PERFORMANCE.

    ``(a) School Accountability and Improvement System.--
            ``(1) In general.--Each State receiving a grant under this 
        part shall, as part of the accountability system required under 
        section 1111(a)(3), establish a school accountability and 
        improvement system to differentiate public elementary and 
        secondary schools by levels of performance, in accordance with 
        subsections (b) through (e), and to provide such schools with 
        intervention, as needed.
            ``(2) Approval and peer review of system.--
                    ``(A) In general.--Not later than the beginning of 
                the 2013-2014 school year, a State receiving a grant 
                under this part shall develop a school accountability 
                and improvement system that includes--
                            ``(i) the identification of the public 
                        schools in the State that are achievement gap 
                        schools and persistently low-achieving schools, 
                        and the school improvement strategies or other 
                        consequences to be used for such schools in 
                        accordance with this section; and
                            ``(ii) the implementation of the State-
                        designed accountability system, as described in 
                        section 1111(a)(3).
                    ``(B) Review and approval.--The State shall include 
                information describing the school accountability and 
                improvement system in the State plan under section 
                1111(b), which shall be subject to peer review and 
                approval by the Secretary as part of the State plan, in 
                accordance with such section.
    ``(b) Achievement Gap Schools.--
            ``(1) Identification of achievement gap schools.--
                    ``(A) In general.--Each State receiving a grant 
                under this part shall define the category of 
                achievement gap schools for the State as part of its 
                State plan, and shall identify annually, beginning in 
                the 2013-2014 school year, the schools in the category. 
                A State shall include in its achievement gap schools 
                the 5 percent of public high schools in the State, and 
                the 5 percent of public elementary schools and 
                secondary schools in the State that are not high 
                schools, that are not identified as persistently low-
                achieving under subsection (c)(2), and that have the 
                largest achievement gap among any of the subgroups of 
                students described in subparagraph (B) or have the 
                lowest performance by students in such subgroups in the 
                State, with respect to--
                            ``(i) being on track to career and college 
                        readiness in the subjects included in the State 
                        accountability system under section 1111(a)(3); 
                        and
                            ``(ii) in the case of high schools, the 
                        graduation rate.
                    ``(B) Subgroups of students.--The subgroups 
                described in this subparagraph shall be obtained by 
                disaggregating students enrolled in a school by each 
                major racial and ethnic group, by English proficiency 
                status, by status as a child with a disability, and by 
                economically disadvantaged status.
                    ``(C) Data rule.--In identifying achievement gap 
                schools under this paragraph, a State shall--
                            ``(i) use data for the most recent year for 
                        which data are available; or
                            ``(ii) average data for the most recent 2- 
                        to 3-year period for which data are available.
                    ``(D) Parental notification.--Each year, a State 
                shall provide timely notification to all parents of 
                students enrolled in each school identified under 
                subparagraph (A) that the school is one of the State's 
                achievement gap schools for such year.
            ``(2) State and local strategies.--
                    ``(A) Improvement strategies.--For each achievement 
                gap school identified under paragraph (1), the local 
                educational agency serving the school shall, in 
                accordance with the State accountability system 
                described in section 1111(a)(3), develop and implement 
                a measurable and data-driven correction plan to improve 
                the performance of low-achieving subgroups in the 
                school in order to close achievement gaps.
                    ``(B) Failure to improve performance after 3 
                years.--Notwithstanding any other provision of law, any 
                local educational agency serving an achievement gap 
                school that has been identified as such for a period of 
                more than 3 consecutive years shall not be eligible for 
                any priority, preference, or special consideration for 
                any grant, subgrant, or other program funded under this 
                Act.
    ``(c) Persistently Low-achieving Schools.--
            ``(1) Lowest-achieving schools in the state.--
                    ``(A) In general.--Each State receiving a grant 
                under this part shall, beginning in the 2013-2014 
                school year and every year thereafter, determine the 
                lowest-achieving schools in the State, which shall 
                include--
                            ``(i) the lowest-achieving 5 percent of 
                        public high schools, and the lowest-achieving 5 
                        percent of public elementary schools and 
                        secondary schools that are not high schools, in 
                        the State, based on--
                                    ``(I) student performance on the 
                                State academic assessments in reading 
                                or language arts, and mathematics, 
                                including student absolute performance 
                                and, for a State described in section 
                                1111(b)(1)(B), growth (defined, for the 
                                purposes of this section, as the 
                                percentage of students who are on track 
                                to college and career readiness in a 
                                subject);
                                    ``(II) in the case of high schools, 
                                graduation rates; and
                                    ``(III) if the State so chooses--
                                            ``(aa) schoolwide gains; 
                                        and
                                            ``(bb) absolute student 
                                        performance and, in the case of 
                                        a State described in section 
                                        1111(b)(1)(B), student growth, 
                                        on other statewide assessments; 
                                        and
                            ``(ii) the public high schools in the State 
                        that have less than a 60 percent graduation 
                        rate.
                    ``(B) Data rule.--In identifying the lowest-
                achieving schools under this paragraph, a State shall--
                            ``(i) use data for the most recent year for 
                        which data are available; or
                            ``(ii) average data for the most recent 2- 
                        to 3-year period for which data are available.
                    ``(C) Parental notification.--Each year, a State 
                shall provide timely notification to all parents of 
                students enrolled in each school identified under 
                subparagraph (A) that the school is one of the State's 
                lowest-achieving schools for such year.
                    ``(D) List of targeted low-achieving schools.--Each 
                year, the State shall--
                            ``(i) compile a list of the schools 
                        identified under subparagraph (A) that--
                                    ``(I) receive assistance under this 
                                part;
                                    ``(II) are public high schools for 
                                which not less than 50 percent of each 
                                school's students are from low-income 
                                families, as determined by the local 
                                educational agency under section 1113; 
                                or
                                    ``(III) are public high schools 
                                that have less than a 60 percent 
                                graduation rate;
                            ``(ii) submit the list described in clause 
                        (i) to the Secretary;
                            ``(iii) distribute the list described in 
                        clause (i) to the local educational agencies, 
                        elementary schools, and secondary schools in 
                        the State; and
                            ``(iv) make such list publicly available, 
                        including through the Internet.
            ``(2) Identification as persistently low-achieving.--
                    ``(A) Identification.--For the 2013-2014 school 
                year, each State receiving a grant under this part 
                shall identify each school included on the list under 
                paragraph (1)(D)(i) for the preceding school year as a 
                persistently low-achieving school. For the 2014-2015 
                school year, and each subsequent school year, each such 
                State shall identify each school that has been included 
                on the list under such paragraph for the 2 preceding 
                consecutive school years as a persistently low-
                achieving school.
                    ``(B) 5-year period.--A school that is identified 
                by the State under subparagraph (A) shall be a 
                persistently low-achieving school for the 5-year period 
                following the school's identification, except as 
                provided in paragraph (7).
            ``(3) State waiver.--If a State determines that all schools 
        that would otherwise be considered to be in the lowest-
        achieving 5 percent of schools under paragraph (1)(A)(i) are 
        actually performing at a satisfactory level of performance 
        based on the measures used by the State to identify 
        persistently low-achieving schools, the State may apply to the 
        Secretary to waive the requirements of this subsection.
            ``(4) Needs analysis.--Each local educational agency 
        receiving assistance under this part shall conduct a data-
        driven needs analysis, which may involve an external partner 
        with expertise in conducting such needs analysis, of each 
        school identified under paragraph (2) by the State to determine 
        the most appropriate school improvement strategies to improve 
        student performance. Such needs analysis shall include--
                    ``(A) a diagnostic review of data related to 
                students and instructional staff;
                    ``(B) an analysis of the school governance, 
                curriculum, instruction, student supports, conditions 
                for learning, and parent and family engagement 
                practices relative to the needs of the student 
                population; and
                    ``(C) the resources, which may include community-
                based supports and early childhood education and care, 
                available at the school, local educational agency, and 
                community levels to meet student needs and support 
                improved student achievement and outcomes and the 
                implementation of any school improvement strategy.
            ``(5) State and local responsibilities.--
                    ``(A) State responsibilities.--Each State receiving 
                a grant under this part shall ensure that a local 
                educational agency receiving assistance carries out the 
                requirements of subparagraph (B) for each persistently 
                low-achieving school in the State.
                    ``(B) Local educational agency responsibilities.--
                Each local educational agency receiving assistance 
                under this part shall, consistent with the State's 
                accountability system under section 1111(a)(3), for 
                each school identified under paragraph (2) that it 
                serves--
                            ``(i) establish a process for selecting an 
                        appropriate school improvement strategy for the 
                        school that uses information from the needs 
                        analysis under paragraph (4);
                            ``(ii) select the school improvement 
                        strategy to be used in each identified school 
                        and the timeline for implementing the selected 
                        school improvement strategy in such school;
                            ``(iii) develop a detailed budget covering 
                        the 5-year identification period, including 
                        planned expenditures at the school level for 
                        activities supporting full and effective 
                        implementation of the selected school 
                        improvement strategy;
                            ``(iv) implement a school improvement 
                        strategy at the school in accordance with the 
                        requirements of paragraph (6);
                            ``(v) use appropriate measures to monitor 
                        the effectiveness of the implementation;
                            ``(vi) review and select turnaround 
                        partners to assist in implementing school 
                        improvement strategies;
                            ``(vii) align other Federal, State, and 
                        local resources with the school improvement 
                        strategy;
                            ``(viii) provide the school with the 
                        operational flexibility, including autonomy 
                        over staffing, time, and budget, needed to 
                        enable full and effective implementation of the 
                        selected strategy, including through the 
                        modification of practices or policies, if 
                        necessary;
                            ``(ix) collect and use data on an ongoing 
                        basis to adjust implementation of the school 
                        improvement strategy to improve student 
                        achievement;
                            ``(x) provide an assurance that the 
                        implementation of the selected school 
                        improvement strategy addresses the needs of all 
                        the subgroups of students described in 
                        subsection (b)(1)(B) in the school;
                            ``(xi) take steps to sustain successful 
                        reforms and practices after the school is no 
                        longer identified under paragraph (2); and
                            ``(xii) provide technical assistance and 
                        other support to ensure effective 
                        implementation of the school improvement 
                        strategy in the school, which may include 
                        assistance in--
                                    ``(I) data collection and analysis;
                                    ``(II) recruiting and retaining 
                                staff;
                                    ``(III) teacher and principal 
                                evaluation;
                                    ``(IV) professional development;
                                    ``(V) parent and family engagement;
                                    ``(VI) coordination of services 
                                with early childhood education and care 
                                providers;
                                    ``(VII) coordination of services to 
                                address students' social, emotional, 
                                and health needs; and
                                    ``(VIII) monitoring the 
                                implementation of the school 
                                improvement strategy selected under 
                                paragraph (6).
                    ``(C) State as local educational agency.--A State 
                may take over a persistently low-achieving school and 
                act as the local educational agency for purposes of 
                this subsection, if permitted under State law.
            ``(6) School improvement strategies.--
                    ``(A) Required activities for all school 
                improvement strategies.--A local educational agency 
                implementing any strategies under this paragraph for a 
                school shall--
                            ``(i) provide staff at the school with 
                        ongoing professional development, consistent 
                        with the needs analysis described in paragraph 
                        (4);
                            ``(ii) conduct regular evaluations for the 
                        teachers and principals at the school that 
                        provide specific feedback on areas of strength 
                        and in need of improvement;
                            ``(iii) provide time for collaboration 
                        among instructional staff at the school to 
                        improve student achievement;
                            ``(iv) provide instructional staff at the 
                        school with timely access to student data to 
                        inform instruction and meet the academic needs 
                        of individual students, which may include, in 
                        elementary school, school readiness data;
                            ``(v) collaborate with parents, the 
                        community, teachers, and other school personnel 
                        at the school on the selection and 
                        implementation of the strategy;
                            ``(vi) use data to identify and implement a 
                        research-based instructional program that--
                                    ``(I) analyzes student progress and 
                                performance and develops appropriate 
                                interventions for students who are not 
                                making adequate progress; and
                                    ``(II) provides differentiated 
                                instruction and related instructional 
                                supports;
                            ``(vii) in the case of an elementary school 
                        with kindergarten entry, consider the issue of 
                        school readiness in such school by--
                                    ``(I) examining factors that 
                                contribute to school readiness as part 
                                of the needs analysis conducted under 
                                paragraph (4); and
                                    ``(II) if school readiness is 
                                identified in the needs analysis as an 
                                area in need of improvement--
                                            ``(aa) coordinating with 
                                        appropriate early childhood 
                                        programs, such as programs 
                                        under the Child Care 
                                        Development and Block Grant Act 
                                        of 1990, the Head Start Act, 
                                        prekindergarten programs, and 
                                        other similar Federal, State, 
                                        and local programs, in order to 
                                        align instruction to better 
                                        prepare students for elementary 
                                        school; and
                                            ``(bb) developing a plan to 
                                        improve or expand early 
                                        childhood options which may 
                                        include the use of funds under 
                                        this part for such purposes;
                            ``(viii) provide ongoing mechanisms for 
                        parent and family engagement; and
                            ``(ix) provide appropriate services and 
                        supports for students as identified in the 
                        school's needs analysis.
                    ``(B) Strategies.--A local educational agency shall 
                identify a school improvement strategy for a school 
                described in paragraph (5)(A) from among the following 
                strategies:
                            ``(i) Transformation strategy.--A local 
                        educational agency implementing a 
                        transformation strategy in a school shall--
                                    ``(I) replace the principal, if the 
                                principal has served in that role at 
                                the school for more than 2 years, with 
                                a principal who has--
                                            ``(aa) a demonstrated 
                                        record of success in increasing 
                                        student achievement;
                                            ``(bb) training or 
                                        experience in raising student 
                                        achievement; or
                                            ``(cc) training or 
                                        experience in turning around 
                                        low-performing schools;
                                    ``(II) require existing 
                                instructional staff and school 
                                leadership to reapply for their 
                                positions; and
                                    ``(III) require that all 
                                instructional staff and school 
                                leadership hiring be done at the school 
                                through mutual consent.
                            ``(ii) Strategic staffing strategy.--A 
                        local educational agency implementing a 
                        strategic staffing initiative as a strategy for 
                        a school shall--
                                    ``(I) replace the principal, if the 
                                principal has served in that role at 
                                the school for more than 2 years, with 
                                a principal who has the demonstrated 
                                record of success, training, or 
                                experience described in clause (i)(I);
                                    ``(II) require that the principal 
                                be allowed to staff the school with a 
                                school turnaround team of the 
                                principal's choosing from among 
                                individuals with a demonstrated record 
                                of success in increasing student 
                                achievement, which team shall include 
                                key leadership positions in the school 
                                and--
                                            ``(aa) in the case of a 
                                        school that is an elementary 
                                        school, not more than 5 
                                        teachers; or
                                            ``(bb) in the case of a 
                                        school that is a secondary 
                                        school, not more than 20 
                                        teachers; and
                                    ``(III) provide incentives to the 
                                principal and teachers to participate 
                                in the initiative.
                            ``(iii) Turnaround strategy.--A local 
                        educational agency implementing a turnaround 
                        model as a strategy for a school shall--
                                    ``(I) replace the principal, if the 
                                principal has served in that role at 
                                the school for more than 2 years, with 
                                a principal who has the demonstrated 
                                record of success, training, or 
                                experience described in clause (i)(I); 
                                and
                                    ``(II) screen all teachers in the 
                                school and retain not more than 65 
                                percent of them.
                            ``(iv) Whole school reform strategy.--A 
                        local educational agency implementing a whole 
                        school reform strategy for a school shall 
                        implement an evidence-based strategy that 
                        ensures whole school reform. The strategy shall 
                        be undertaken in partnership with a strategy 
                        developer offering a school reform program that 
                        is based on at least a moderate level of 
                        evidence that the program will have a 
                        statistically significant effect on student 
                        outcomes, including more than 1 well-designed 
                        or well-implemented experimental or quasi-
                        experimental study.
                            ``(v) Restart strategy.--A local 
                        educational agency implementing a restart 
                        strategy in a school shall carry out the 
                        following:
                                    ``(I)(aa) Convert the school into a 
                                public charter school, or close and 
                                reopen the school as a public charter 
                                school in partnership with a nonprofit 
                                charter school operator, a nonprofit 
                                charter management organization, or a 
                                nonprofit education management 
                                organization, that has a demonstrated 
                                record of improving student achievement 
                                for students similar to those served by 
                                the school; or
                                    ``(bb) convert the school to a 
                                magnet school or create a new, 
                                innovative school, as defined by the 
                                State.
                                    ``(II) Ensure that the new school--
                                            ``(aa) serves the grade 
                                        levels as the original school 
                                        for which the strategy is being 
                                        implemented; and
                                            ``(bb) enrolls any former 
                                        student of the original school 
                                        who requests to attend the 
                                        school and then, after all such 
                                        students are enrolled, admits 
                                        additional students, using a 
                                        random lottery system if more 
                                        students apply for admission 
                                        than can be accommodated.
                            ``(vi) School closure strategy.--A local 
                        educational agency implementing a school 
                        closure strategy for a school--
                                    ``(I) shall close the school and 
                                enroll the students who attended the 
                                school in other schools, including 
                                charter schools, served by the local 
                                educational agency that are within 
                                reasonable proximity to the closed 
                                school, as determined by the local 
                                educational agency, and that are 
                                higher-performing than the school that 
                                is being closed;
                                    ``(II) shall provide 
                                transportation, or shall pay for the 
                                provision of transportation, for each 
                                such student to the student's new 
                                school, consistent with State law and 
                                local educational agency policy;
                                    ``(III) shall provide information 
                                about high-quality educational options, 
                                as well as transition and support 
                                services to students, who attended the 
                                closed school and the students' 
                                parents; and
                                    ``(IV) may use school improvement 
                                funds provided under subsection (d) to 
                                pay for the expenses of--
                                            ``(aa) transitioning 
                                        students from the school that 
                                        is being closed to the new 
                                        school;
                                            ``(bb) supporting the new 
                                        school; and
                                            ``(cc) expanding and 
                                        offering student supports and 
                                        services within the new school, 
                                        which may include high-quality 
                                        prekindergarten programs and 
                                        services.
                    ``(C) Flexibility.--
                            ``(i) Flexibility for certain local 
                        educational agencies.--Notwithstanding any 
                        other provision of this paragraph--
                                    ``(I) a local educational agency 
                                that is eligible for services under 
                                subpart 1 or 2 of part B of title VI, 
                                as determined by the Secretary, may 
                                modify not more than 1 of the elements 
                                or activities required under 
                                subparagraph (A) of a school 
                                improvement strategy selected for a 
                                school described in paragraph (5)(A), 
                                in order to better meet the needs of 
                                students in such school; and
                                    ``(II) a State educational agency 
                                may apply to the Secretary for a waiver 
                                of clauses (i)(I), (ii)(I), and 
                                (iii)(I) of subparagraph (B).
                            ``(ii) State flexibility.--
                                    ``(I) In general.--Notwithstanding 
                                any other provision of this paragraph, 
                                a State educational agency may, with 
                                the approval of the Secretary, 
                                establish an alternative State-
                                determined school improvement strategy 
                                that may be used by local educational 
                                agencies in addition to the strategies 
                                described in subparagraph (B).
                                    ``(II) Exception for required 
                                activities.--A local educational agency 
                                implementing an approved alternative 
                                State-determined school improvement 
                                strategy in accordance with this 
                                subparagraph shall not be required to 
                                implement the activities described in 
                                subparagraph (A).
                    ``(D) Public school choice.--
                            ``(i) In general.--In addition to the 
                        requirements of subparagraph (A) and the school 
                        improvement strategy determined under 
                        subparagraph (B) or (C)(ii), a local 
                        educational agency shall, not later than 3 
                        months before the first day of the school year 
                        following identification under paragraph (2), 
                        provide all students enrolled in the identified 
                        school with the option to transfer to another 
                        public school served by the local educational 
                        agency that has not been identified under such 
                        paragraph, unless such an option is prohibited 
                        by State law.
                            ``(ii) Priority.--In providing students the 
                        option to transfer to another public school, 
                        the local educational agency shall give 
                        priority to the lowest achieving children from 
                        low-income families, as determined by the local 
                        educational agency for the purposes of 
                        allocating funds to schools under section 
                        1113(a)(3).
                            ``(iii) Treatment.--Students who use the 
                        option to transfer to another public school 
                        shall be enrolled in classes and other 
                        activities in the public school to which the 
                        students transfer in the same manner as all 
                        other children at the public school.
                            ``(iv) Special rule.--A local educational 
                        agency shall permit a child who transfers to 
                        another public school under this subparagraph 
                        to remain in that school until the child has 
                        completed the highest grade in such school.
            ``(7) Improvement.--If, at any time during the 5-year 
        period for which a school is identified as a persistently low-
        achieving school under paragraph (2), the State determines, 
        based on the most current data, that the school has improved 
        and is no longer one of the State's persistently low-achieving 
        schools, then--
                    ``(A) the State educational agency shall no longer 
                identify the school as a persistently low-achieving 
                school for any remainder of the 5-year period; and
                    ``(B) if an eligible entity, as defined in 
                subsection (d)(1), was receiving school improvement 
                funds under subsection (d) for such school, the 
                eligible entity shall continue to receive such grant 
                funds as are necessary, and use such funds to carry out 
                the grant activities in such school, for the full 
                period of such grant.
            ``(8) Repeated classification as persistently low-
        achieving.--For each public school that is identified under 
        paragraph (2) for any portion of a 5-year period and that is 
        re-identified under such paragraph for the subsequent time 
        period, the local educational agency shall carry out the 
        requirements of this subsection for such subsequent period by 
        implementing, with respect to such school, the restart strategy 
        or school closure strategy under clause (v) or (vi) of 
        paragraph (6)(B).
    ``(d) School Improvement Funds.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible entity.--the term `eligible entity' 
                means--
                            ``(i) a State educational agency;
                            ``(ii) a local educational agency that 
                        receives funds under this part and serves at 
                        least 1 eligible school;
                            ``(iii) a consortium of such local 
                        educational agencies; or
                            ``(iv) an educational service agency that 
                        serves at least 1 local educational agency 
                        described in clause (ii).
                    ``(B) Eligible school.--The term `eligible school' 
                means a school identified under subsection (b) or 
                paragraph (1) or (2) of subsection (c).
            ``(2) Allotments to states.--
                    ``(A) In general.--From the funds made available to 
                carry out this subsection under section 3(a)(2) for a 
                fiscal year, the Secretary shall provide States that 
                submit an application described in paragraph (3) with 
                school improvement funds through an allotment, as 
                determined under subparagraph (B) and in addition to 
                the amounts made available to States under subpart 2, 
                to enable the States to award subgrants and carry out 
                the activities described in this subsection to assist 
                eligible schools.
                    ``(B) Allotments to states.--From the funds made 
                available to carry out this subsection under section 
                3(a)(2) for a fiscal year, the Secretary shall allot to 
                each State with an approved application an amount that 
                bears the same relation to such funds as the amount 
                that the State received under subpart 2 for the 
                preceding fiscal year bears to the amount that all 
                States receive under such subpart for such fiscal year.
            ``(3) State application.--A State that desires to receive 
        school improvement funds under this subsection shall submit an 
        application to the Secretary at such time, in such manner, and 
        accompanied by such information as the Secretary may require. 
        Each application shall include a description of--
                    ``(A) the process and the criteria that the State 
                will use to award subgrants under paragraph (5)(A)(i);
                    ``(B) the process and the criteria the State will 
                use to determine whether the eligible entity's proposal 
                for each eligible school meets the requirements of 
                subparagraphs (B) and (C) of paragraph (5), and 
                paragraphs (4) and (6), of subsection (c);
                    ``(C) how the State will ensure geographic 
                diversity in making subgrants;
                    ``(D) how the State will set priorities in awarding 
                subgrants to eligible entities approved to serve 
                schools identified under subsection (b), if funds are 
                available to do so;
                    ``(E) how the State will monitor and evaluate the 
                implementation of school improvement strategies by 
                eligible entities, including how the State will use the 
                results of the evaluation to improve State strategies 
                for supporting schools identified under subsection (b) 
                or (c); and
                    ``(F) how the State will reduce barriers for 
                schools in the implementation of school improvement 
                strategies, including operational flexibility that 
                would enable complete implementation of the selected 
                school improvement strategy.
            ``(4) State administration and technical assistance.--A 
        State that receives an allotment under this subsection may 
        reserve not more than a total of 5 percent of such allotment 
        for the administration of this subsection, which may include 
        activities aimed at building State capacity to support the 
        local educational agency and school improvement, such as 
        providing technical assistance and other support (including 
        regular site visits to monitor implementation of selected 
        school improvement strategies to eligible entities serving 
        schools identified under subsection (c)(2)), either directly or 
        through educational service agencies or other public or private 
        organizations.
            ``(5) School improvement activities.--
                    ``(A) In general.--A State that receives school 
                improvement funds under this subsection shall use not 
                less than 95 percent of such allotment to carry out 
                school improvement activities for eligible schools by--
                            ``(i) awarding subgrants, on a competitive 
                        basis, to eligible entities to enable the 
                        eligible entities to carry out the activities 
                        described in subparagraph (D) for eligible 
                        schools; or
                            ``(ii) if the State chooses and the local 
                        educational agency serving an eligible school 
                        agrees, directly providing the activities 
                        described in clauses (i) through (iii) of 
                        subparagraph (D) to the eligible school and the 
                        local educational agency, or arranging for 
                        other entities, such as school support teams or 
                        educational service agencies, to provide such 
                        activities to the school.
                    ``(B) Priority.--In distributing grant funds under 
                this paragraph, a State shall assist the schools 
                identified under paragraph (1) or (2) of subsection 
                (c), including such schools that have improved as 
                provided for in subsection (c)(7), in the State before 
                assisting eligible schools that are identified under 
                subsection (b).
                    ``(C) Subgrants.--
                            ``(i) Applications.--An eligible entity 
                        that desires a subgrant under this paragraph 
                        shall submit an application to the State at 
                        such time, in such manner, and including such 
                        information as the State shall require. The 
                        application shall include a description of how 
                        the eligible entity will carry out the 
                        requirements of subparagraphs (B) and (C) of 
                        paragraph (5), and paragraphs (4) and (6), for 
                        each eligible school to be served by the grant.
                            ``(ii) Demonstration of additional 
                        responsibilities.--Each eligible entity that 
                        desires a subgrant under this paragraph shall 
                        demonstrate in its application that the 
                        eligible entity has--
                                    ``(I) adopted human resource 
                                policies that prioritize the 
                                recruitment, retention, and placement 
                                of effective staff in eligible schools;
                                    ``(II) ensured that eligible 
                                schools have access to resources to 
                                implement the school improvement 
                                strategies described in subsection 
                                (c)(6), such as facilities, 
                                professional development, and 
                                technology;
                                    ``(III) identified opportunities to 
                                reduce duplication, increase 
                                efficiency, and assist eligible schools 
                                in complying with reporting 
                                requirements of State and Federal 
                                programs;
                                    ``(IV) developed an early warning 
                                indicator system that monitors school-
                                level data, and alerts the eligible 
                                school when a student indicates slowed 
                                progress toward high school graduation, 
                                so that the school can provide 
                                appropriate student interventions; and
                                    ``(V) facilitated alignment and 
                                coordination between early childhood 
                                education and care programs and 
                                services serving students who will 
                                attend eligible schools that are 
                                elementary schools, and teachers and 
                                principals of such eligible schools.
                            ``(iii) Subgrant size.--A State shall award 
                        subgrants under this paragraph of sufficient 
                        size to enable subgrant recipients to fully and 
                        effectively implement the selected school 
                        improvement strategies.
                            ``(iv) Subgrant period.--Each subgrant 
                        awarded under this paragraph shall be for a 5-
                        year period.
                            ``(v) Withholding final funding.--In order 
                        for a State to award subgrant funds to an 
                        eligible entity for the final 2 years of the 
                        subgrant cycle, the eligible entity shall 
                        demonstrate that the schools receiving funds 
                        under this paragraph have made significant 
                        progress on the leading indicators.
                    ``(D) Use of subgrant funds.--An eligible entity 
                that receives a subgrant under this paragraph shall use 
                the subgrant funds to--
                            ``(i) carry out the requirements of 
                        subparagraphs (B) and (C) of paragraph (5), and 
                        paragraphs (4) and (6), in an eligible school 
                        that has been identified under subsection 
                        (c)(2) as of the date of the grant award, which 
                        may include a maximum 1-year planning period;
                            ``(ii) if all eligible schools identified 
                        under subsection (c)(2) in the State have 
                        received funds under this subsection, apply, 
                        and carry out, the requirements of 
                        subparagraphs (B) and (C) of paragraph (5), and 
                        paragraphs (4) and (6), at other eligible 
                        schools as if such schools had been identified 
                        under subsection (c)(2);
                            ``(iii) carry out activities at the local 
                        educational agency level that directly support 
                        such implementation, such as--
                                    ``(I) assistance in data collection 
                                and analysis;
                                    ``(II) recruiting and retaining 
                                staff;
                                    ``(III) teacher and principal 
                                evaluation;
                                    ``(IV) professional development;
                                    ``(V) coordination of services to 
                                address students' social, emotional, 
                                and health needs; and
                                    ``(VI) progress monitoring.
                    ``(E) Supplement, not supplant.--An eligible entity 
                or State shall use Federal funds received under this 
                subsection only to supplement the funds that would, in 
                the absence of such Federal funds, be made available 
                from non-Federal sources for the education of pupils 
                participating in programs funded under this subsection.
                    ``(F) Intervention by state.--In the case of a 
                State educational agency that has taken over a school 
                or local educational agency, the State may use an 
                amount of funds under this subsection similar to the 
                amount that the school or local educational agency 
                would receive, under this subsection, in order to carry 
                out the activities described in clauses (i) through 
                (iii) of subparagraph (D) for the school and local 
                educational agency, either directly or through an 
                eligible entity designated by the State educational 
                agency.
            ``(6) National activities.--From amounts appropriated and 
        reserved for this paragraph under section 3(a)(2)(B), the 
        Secretary shall carry out the following national activities:
                    ``(A) Activities focused on building State and 
                local educational agency capacity to turn around 
                schools identified under subsection (c)(2) and schools 
                in rural areas through activities such as--
                            ``(i) identifying and disseminating 
                        effective school improvement strategies, 
                        including in rural areas;
                            ``(ii) making available targeted technical 
                        assistance, including planning and 
                        implementation tools; and
                            ``(iii) expanding the availability of 
                        turnaround partners capable of assisting in 
                        turning around schools identified under 
                        subsection (c)(2), including in rural areas.
                    ``(B) Activities focused on building capacity to 
                turn around schools identified under subsection (c)(2), 
                including in rural areas.
                    ``(C) The use of data, research, and evaluation 
                to--
                            ``(i) identify schools that are 
                        implementing school improvement strategies 
                        effectively;
                            ``(ii) identify effective school 
                        improvement strategies; and
                            ``(iii) collect and disseminate that 
                        information to States and local educational 
                        agencies in a manner that facilitates 
                        replication of effective practices.
                    ``(D) Other activities designed to support State 
                and local efforts to improve eligible schools.
            ``(7) Evaluation.--The Director of the Institute of 
        Education Sciences shall conduct an evaluation of the programs 
        carried out under this subsection.
    ``(e) State Responsibilities.--Consistent with section 
1111(a)(3)(A)(iv), a State educational agency receiving assistance 
under this part shall provide support for the improvement of all 
schools that are not identified under subsection (b) or (c)(2) but are 
low-performing or have low-performing subgroups of students described 
in subsection (b)(1)(B).
    ``(f) Construction.--Nothing in this section shall be construed to 
alter or otherwise affect the rights, remedies, and procedures afforded 
school or school district employees under Federal, State, or local laws 
(including applicable regulations or court orders) or under the terms 
of collective bargaining agreements, memoranda of understanding, or 
other agreements between such employees and their employers.''.

SEC. 1117. BLUE RIBBON SCHOOLS.

    Section 1117 (20 U.S.C. 6317) is amended to read as follows:

``SEC. 1117. BLUE RIBBON SCHOOLS.

    ``(a) Program Purpose.--It is the purpose of this section to assist 
States and local educational agencies in identifying and rewarding 
high-performing public schools.
    ``(b) Blue Ribbon Schools.--
            ``(1) Identification of blue ribbon schools.--Each State 
        receiving a grant under this part may--
                    ``(A) define the category of blue ribbon schools, 
                consistent with paragraph (2), for the State as part of 
                its State plan in section 1111(b); and
                    ``(B) identify, for each school year, the schools 
                in the State that are blue ribbon schools for such 
                year.
            ``(2) Blue ribbon school criteria.--
                    ``(A) In general.--If a State elects to carry out 
                this subsection, the State's blue ribbon schools shall 
                consist of the top 5 percent of the State's public 
                elementary schools and secondary schools, as designated 
                by the State based on--
                            ``(i) the percentage of students who are on 
                        track to college and career readiness for 
                        English or language arts, and mathematics;
                            ``(ii) in the case of high schools, the 
                        school's graduation rates;
                            ``(iii) the performance of each category of 
                        students described in subsection (b)(1)(B);
                            ``(iv) if the State chooses to measure 
                        student growth in accordance with section 
                        1111(b)(1)(B), the percentage of students 
                        attaining growth in accordance with clauses (i) 
                        and (ii) of such section; and
                            ``(v) school gains.
                    ``(B) Noneligibility for blue ribbon status.--A 
                school identified under subsection (b) or (c)(2) of 
                section 1116 for a year shall not be eligible for blue 
                ribbon school status for the same year.
    ``(c) Rewards for Blue Ribbon Schools.--
            ``(1) In general.--Each State that defines and identifies 
        blue ribbon schools under subsection (b)(1) for a school year 
        may--
                    ``(A) provide each blue ribbon school in the State 
                with increased autonomy over the school's budget, 
                staffing, and time;
                    ``(B) allow each blue ribbon school to have 
                flexibility in the use of any funds provided to the 
                school under this Act for any purpose allowed under 
                this Act (notwithstanding any other provision of this 
                Act), as long as such use is consistent with the Civil 
                Rights Act of 1964, title IX of the Education 
                Amendments of 1972, section 504 of the Rehabilitation 
                Act of 1973, the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101), and part B of the Individuals 
                with Disabilities Education Act; and
                    ``(C) reserve not more than .5 percent of the funds 
                allotted to the State under subpart 2 and use such 
                reserved amounts to distribute rewards, on a 
                competitive basis, to local educational agencies that 
                serve 1 or more blue ribbon schools identified under 
                subsection (b) that receive funds under subpart 2 to 
                enable the local educational agencies to provide awards 
                to such blue ribbon schools that receive funds under 
                such subpart.
            ``(2) Use of rewards.--As a condition of receiving an award 
        from a local educational agency under this subsection, a blue 
        ribbon school shall agree to use the award funds to--
                    ``(A) improve student achievement; and
                    ``(B) provide technical assistance to the lowest-
                achieving schools in the State that have 
                characteristics similar to the blue ribbon school, in 
                accordance with the State plan under section 
                1111(b)(1)(F).''.

SEC. 1118. PARENT AND FAMILY ENGAGEMENT.

    Section 1118 (20 U.S.C. 6318) is amended to read as follows:

``SEC. 1118. PARENT AND FAMILY ENGAGEMENT.

    ``(a) Local Educational Agency Parent and Family Engagement Plan.--
            ``(1) In general.--A local educational agency may receive 
        funds under this part only if such agency develops and 
        implements a strategic, evidence-based plan to support 
        meaningful engagement of parents and family members in 
        education (referred to in this section as the `parent and 
        family engagement plan'). Such plan shall be aligned through 
        incorporation into the local educational agency's plan 
        developed under section 1112 and shall include strategies 
        (especially in high-need schools) that are planned and 
        implemented in meaningful consultation with--
                    ``(A) parents and family members of participating 
                children, including districtwide parent advisory 
                committees, where applicable;
                    ``(B) to the greatest extent practicable, 
                individuals with expertise in effectively engaging 
                parents and family members in education; and
                    ``(C) organizations that have a demonstrated record 
                of effectiveness in assisting students in becoming 
                college and career ready.
            ``(2) Consultation and dissemination.--Each local 
        educational agency that receives funds under this part shall--
                    ``(A) develop and implement the parent and family 
                engagement plan jointly with parents and family members 
                of participating children and, where applicable, with a 
                districtwide parent advisory committee; and
                    ``(B) develop a template for schools to use in 
                communicating--
                            ``(i) parent and family engagement 
                        strategies; and
                            ``(ii) the content of the compact described 
                        in subsection (e).
            ``(3) Contents of the local educational agency parent and 
        family engagement plan.--
                    ``(A) Required elements.--The parent and family 
                engagement plan shall--
                            ``(i) establish the local educational 
                        agency's expectations for, and commitment to 
                        support, meaningful engagement strategies;
                            ``(ii) describe the process through which 
                        the local educational agency will equip parents 
                        and family members, with particular attention 
                        to economically disadvantaged parents and 
                        family members, to--
                                    ``(I) act in partnership with 
                                school personnel to improve the 
                                academic achievement and development of 
                                their children;
                                    ``(II) participate in school 
                                improvement strategies; and
                                    ``(III) communicate effectively 
                                with educators and administrators, such 
                                as through the establishment of a 
                                districtwide parent advisory committee, 
                                if such committee does not already 
                                exist;
                            ``(iii) describe how the local educational 
                        agency will provide the coordination, technical 
                        assistance, and other support necessary to 
                        assist participating schools in planning and 
                        implementing effective parent and family 
                        engagement strategies, such as--
                                    ``(I) making facilities of the 
                                local educational agency available, as 
                                appropriate; and
                                    ``(II) utilizing the expertise of, 
                                and developing strategies with, 
                                organizations that have a demonstrated 
                                record of success in supporting parent 
                                and family engagement;
                            ``(iv) describe how the local educational 
                        agency will use data (including data collected 
                        through the evaluation described in subsection 
                        (b), a conditions for learning measurement 
                        system as described in section 4404(g), and 
                        surveys of parent and family engagement) to 
                        continuously improve and increase engagement 
                        strategies; and
                            ``(v) describe how the local educational 
                        agency will involve parents in the development 
                        of the plan described in section 1112.
                    ``(B) Optional elements.--The parent and family 
                engagement plan may include, in addition to the 
                requirements described in subparagraph (A), a 
                description of how the local educational agency plans 
                to involve employers, business leaders, philanthropic 
                and nonprofit organizations, and other community 
                members committed to improving student achievement and 
                development in order to increase and strengthen parent 
                and family engagement, as well as how the local 
                educational agency will coordinate with parent and 
                family information and resource centers established 
                under part G of title IV.
    ``(b) Evaluation.--The local educational agency shall conduct, with 
the involvement of parents and family members, an annual evaluation of 
the effectiveness of the parent and family engagement plan in--
            ``(1) improving student academic achievement and 
        development;
            ``(2) improving the college and career readiness of 
        children; and
            ``(3) reducing barriers to greater participation in the 
        activities described in this section by parents and family 
        members, with particular attention to parents and family 
        members who are economically disadvantaged.
    ``(c) Reservation and Use of Funds.--
            ``(1) In general.--Each local educational agency shall 
        reserve not less than 1 percent of such agency's allocation 
        under subpart 2 to carry out the activities described in this 
        section.
            ``(2) Exception.--The reservation requirement under 
        paragraph (1) shall not apply if 1 percent of the local 
        educational agency's allocation under subpart 2 for the fiscal 
        year for which the determination is made is equal to or less 
        than $5,000.
            ``(3) Use of funds.--Funds reserved under paragraph (1) may 
        be used to carry out systemic, evidence-based parent and family 
        engagement strategies, consistent with the local educational 
        agency parent and family engagement plan described in 
        subsection (a), such as the following:
                    ``(A) Designating or establishing a dedicated 
                office or dedicated personnel for parent and family 
                engagement.
                    ``(B) Providing subgrants to schools working in 
                partnership with an organization with a demonstrated 
                record of success in improving and increasing parent 
                and family engagement.
                    ``(C) Professional development for school personnel 
                regarding parent and family engagement strategies, 
                which may be provided jointly to teachers, school 
                leaders, and parents and family members.
                    ``(D) Districtwide or school-based leadership 
                training for parents and family members and other 
                evidence-based leadership development strategies.
                    ``(E) Adult education and literacy activities, as 
                defined in section 203 of the Adult Education and 
                Family Literacy Act.
                    ``(F) Home visitation programs.
                    ``(G) Volunteerism programs.
                    ``(H) Other evidence-based or promising strategies 
                for improving and increasing parent and family 
                engagement, which may include family and student 
                supports, as defined in section 4603.
                    ``(I) Conducting the evaluation described in 
                subsection (b).
                    ``(J) Disseminating information on best practices 
                (such as implementation, replication, impact studies, 
                and evaluations) focused on parent and family 
                engagement, especially best practices for increasing 
                the engagement of economically disadvantaged parents 
                and family members.
                    ``(K) Coordinating parent and family engagement 
                strategies conducted by the local educational agency 
                and schools within the local educational agency with 
                local early learning programs, career and technical 
                education programs, and postsecondary education 
                programs.
            ``(4) Distribution of funds.--
                    ``(A) In general.--Not less than 95 percent of the 
                funds reserved under this subsection shall be 
                distributed to schools served under this part.
                    ``(B) Priority.--In allocating the funds described 
                in subparagraph (A), each local educational agency 
                shall give priority to high-need schools.
                    ``(C) Districtwide activities.--Funds used to 
                implement leadership training for parents and family 
                members or other districtwide parent and family 
                engagement initiatives with a demonstrated record of 
                effectiveness that may be cost effective and that 
                directly benefit parents and family members, may be 
                considered funds distributed to schools.
    ``(d) Family Member Engagement.--Each school served under this part 
shall--
            ``(1) regularly convene, at not less than 1 time during 
        each academic year, a meeting at a convenient time, to which 
        parents and family members of participating children shall be 
        invited and encouraged to attend, in order to--
                    ``(A) review the parent and family engagement 
                compact described in subsection (e);
                    ``(B) inform parents and family members of 
                opportunities for engagement in their child's 
                education; and
                    ``(C) explain to parents and family members the 
                right of the parents and family members to be involved, 
                and the benefits of meaningful engagement;
            ``(2) use multiple methods to involve and collaborate with 
        parents and family members (in an organized, ongoing, and 
        timely way, including through electronic means) in the 
        planning, development, review, implementation, and improvement 
        of school improvement plans and strategies, including in 
        developing the schoolwide program plan under section 1114(b)(2) 
        or a similar school improvement plan;
            ``(3) at a minimum, provide parents and family members 
        with--
                    ``(A) opportunities to develop the knowledge and 
                skills to engage as full partners in supporting 
                academic achievement, child development, and school 
                improvement;
                    ``(B) a description and explanation of the forms of 
                academic assessment used to measure student progress, 
                the proficiency levels students are expected to meet, 
                and opportunities to promote learning and college and 
                career readiness during out-of-school time;
                    ``(C) opportunities to develop leadership skills 
                and to engage school and local educational agency staff 
                in decisions relative to the education of their 
                children; and
                    ``(D) opportunities to increase their ability to 
                engage effectively with educators and administrators in 
                formal and structured settings, such as parent-teacher 
                conferences, individualized education program team 
                meetings, local educational agency meetings, 
                disciplinary hearings, and the school budgeting 
                process;
            ``(4) make the school safe and welcoming to parents and 
        family members;
            ``(5) provide professional development and other evidence-
        based support to school staff regarding effective parent and 
        family engagement;
            ``(6) collaborate with community-based organizations, 
        employers, or other entities to accomplish the purposes of this 
        section;
            ``(7) to the extent feasible and appropriate, coordinate 
        and integrate parent and family engagement programs and 
        strategies with other Federal, State, and local programs; and
            ``(8) provide such other support for parent and family 
        engagement strategies under this section as parents and family 
        members may request, to the extent practicable.
    ``(e) Shared Responsibilities for College and Career Readiness.--
Each school served under this part shall jointly develop with parents 
and family members, for all children served under this part, a parent 
and family engagement compact. Such compact shall--
            ``(1) describe the activities the school will take in 
        accordance with subsection (d);
            ``(2) describe the school's responsibility to--
                    ``(A) provide a rigorous curriculum and effective 
                instruction in a supportive, safe, and healthy learning 
                environment;
                    ``(B) inform parents and family members (with 
                attention to economically disadvantaged parents and 
                family members) of opportunities to participate in 
                school improvement or governance councils, engage in 
                the development of discipline and suspension and other 
                school policies, and access the parent and family 
                information and resource centers established under part 
                G of title IV; and
                    ``(C) to the greatest extent practicable--
                            ``(i) communicate with parents and family 
                        members when children are chronically absent 
                        from school, when children are suspended or 
                        expelled, or when children drop out of school, 
                        which may include through home visits;
                            ``(ii) refer parents and family members to 
                        adult education and literacy activities, social 
                        services, or other programs and services 
                        designed to support parent and family 
                        engagement; and
                            ``(iii) offer evidence-based mentoring 
                        programs to students;
            ``(3) describe the responsibilities of parents and family 
        members to be full partners in the education of their child, 
        which may include--
                    ``(A) communicating high expectations for their 
                child's academic achievement and college and career 
                readiness;
                    ``(B) reading to their child, promoting the use of 
                libraries, facilitating access to cultural events, 
                parks, and recreational services, encouraging community 
                service and leadership, and planning for entry and 
                success in institutions of higher education and 
                careers;
                    ``(C) monitoring their child's school attendance, 
                homework, course completion, academic achievement, and 
                progress toward college and career readiness; and
                    ``(D) participating, as appropriate, in decisions 
                relating to school improvement, decisions regarding the 
                education of their children, and positive use of out-
                of-school time; and
            ``(4) address the importance of communication between 
        teachers, parents, and family members on an ongoing basis 
        through, at a minimum--
                    ``(A) regular parent-teacher conferences;
                    ``(B) frequent reports to family members on--
                            ``(i) their children's progress; and
                            ``(ii) opportunities to be involved at 
                        school, including opportunities to support 
                        school improvement; and
                    ``(C) providing parents and family members with--
                            ``(i) reasonable access to staff;
                            ``(ii) opportunities to volunteer and 
                        participate at school; and
                            ``(iii) as appropriate, observation of 
                        classroom activities and school-based 
                        activities; and
                    ``(D) to the extent practicable, providing 
                information required under this section, and conducting 
                any consultations required under this section, in a 
                language that parents can understand; and
            ``(5) describe the process through which school personnel 
        communicate effectively with parents and family members and 
        ensure that other community stakeholders are engaged, as 
        appropriate, in supporting school improvement.
    ``(f) Accessibility.--In carrying out the parent and family 
engagement requirements of this part, local educational agencies and 
schools, to the greatest extent practicable, shall provide 
opportunities for the full and informed participation of parents and 
family members (including parents and family members with 
disabilities), including providing information and school reports in a 
format and, to the greatest extent practicable, in a language such 
parents can understand.''.

SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

    Section 1119 (20 U.S.C. 6319) is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Teacher Qualifications.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each local educational agency receiving assistance under this 
        part shall ensure that all teachers teaching a core academic 
        subject in a program supported with funds under this part are 
        highly qualified teachers.
            ``(2) Exception.--Each local educational agency located in 
        a State in which the State has fully implemented a teacher and 
        principal evaluation system that is consistent with section 
        2301(b)(4) shall only be required to comply with the 
        requirements under paragraph (1) as they relate to new 
        teachers.
            ``(3) Special rule for small, rural, or remote schools.--In 
        the case of a local educational agency that is unable to 
        provide a highly qualified teacher to serve as an on-site 
        classroom teacher for a core academic subject in a small, 
        rural, or remote school, the local educational agency may meet 
        the requirements of this section by using distance learning to 
        provide such instruction by a teacher who is a highly qualified 
        teacher for purposes of the core academic subject, as long as--
                    ``(A) the teacher who is a highly qualified teacher 
                in the core academic subject--
                            ``(i) is responsible for providing at least 
                        50 percent of the direct instruction in the 
                        core academic subject through distance 
                        learning;
                            ``(ii) is responsible for monitoring 
                        student progress; and
                            ``(iii) is the teacher who assigns the 
                        students their grades; and
                    ``(B) an on-site teacher who is a highly qualified 
                teacher for a subject other the core academic subject 
                taught through distance learning is present in the 
                classroom throughout the period of distance learning 
                and provides supporting instruction and assistance to 
                the students.
    ``(b) Qualifications for American Indian, Alaska Native, or Native 
Hawaiian Language, Culture, or History Teachers.--
            ``(1) Language or culture.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the requirements of subsection (a) on 
                local educational agencies with respect to highly 
                qualified teachers shall not apply to a teacher of 
                American Indian, Alaska Native, or Native Hawaiian 
                language or culture, whether the teacher is teaching on 
                a permanent, part-time, or occasional basis.
                    ``(B) Competency.--A State may require that a local 
                tribe or tribal organization, as defined in section 4 
                of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b), verify the competency 
                of a public school teacher of American Indian, Alaska 
                Native, or Native Hawaiian language or culture to teach 
                such subject, to the chief administrative officer of 
                the local educational agency or the chief State school 
                officer.
            ``(2) History.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the requirements of subsection (a) on 
                local educational agencies with respect to highly 
                qualified teachers, shall not apply to a teacher who is 
                a Native elder or other authority on American Indian, 
                Alaska Native, or Native Hawaiian history and who 
                provides instruction in such subject, whether on a 
                part-time or occasional basis.
                    ``(B) Competency.--A State may require that a local 
                tribe or tribal organization, as defined in section 4 
                of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b), verify the competency 
                of the instructor described in subparagraph (A) of 
                American Indian, Alaska Native, or Native Hawaiian 
                history to teach such subject, to the chief 
                administrative officer of the local educational agency 
                or the chief State school officer.'';
            (2) in subsection (c)(1), by striking ``hired after the 
        date of enactment of the No Child Left Behind Act of 2001 
        and'';
            (3) by striking subsections (d) and (l);
            (4) by redesignating subsections (e), (f), (g), (h), (i), 
        (j), and (k), as subsections (d), (e), (f), (g), (h), (i), and 
        (j), respectively;
            (5) in subsection (d), as redesignated by paragraph (4), by 
        striking ``Subsections (c) and (d)'' and inserting ``Subsection 
        (c)''; and
            (6) by striking subsection (i), as redesignated by 
        paragraph (4), and inserting the following:
    ``(i) Special Rule.--A State educational agency may not require a 
school or a local educational agency to expend a specific amount of 
funds for professional development activities under this part.''.

SEC. 1120. TECHNICAL CORRECTION REGARDING COMPLAINT PROCESS FOR SECTION 
              1120.

    Section 1120(c)(2) (20 U.S.C. 6320(c)(2)) is amended by striking 
``9505'' and inserting ``9503''.

SEC. 1121. COMPARABILITY OF SERVICES.

    Section 1120A (20 U.S.C. 6321) is amended--
            (1) in subsection (a), by striking ``involved''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Comparability.--
            ``(1) In general.--
                    ``(A) Comparability.--Beginning for the 2015-2016 
                school year, a local educational agency may receive 
                funds under this part only if the local educational 
                agency demonstrates to the State educational agency 
                that the combined State and local per-pupil 
                expenditures (including actual personnel and actual 
                non-personnel expenditures) in each school served under 
                this part, in the most recent year for which such data 
                were available, are not less than the average combined 
                State and local per-pupil expenditures for those 
                schools that are not served under this part.
                    ``(B) Alternative comparability.--If the local 
                educational agency is serving all of the schools under 
                its jurisdiction under this part, the agency shall 
                demonstrate to the State educational agency that the 
                average combined State and local per-pupil expenditures 
                (including actual personnel and actual non-personnel 
                expenditures) for its high-poverty schools, in the most 
                recent year for which such data are available, were not 
                less than the average combined State and local per-
                pupil expenditures for its low-poverty schools.
                    ``(C) Basis.--A local educational agency may meet 
                the requirements of subparagraphs (A) and (B) on a 
                local educational agency-wide basis or a grade-span by 
                grade-span basis.
                    ``(D) Exclusion of funds.--
                            ``(i) In general.--For the purpose of 
                        complying with this paragraph, a local 
                        educational agency shall exclude any State or 
                        local funds expended in any school for--
                                    ``(I) excess costs of providing 
                                services to English learners;
                                    ``(II) excess costs of providing 
                                services to children with disabilities;
                                    ``(III) capital expenditures; and
                                    ``(IV) such other expenditures as 
                                the Secretary determines appropriate.
                            ``(ii) Changes after the beginning of the 
                        school year.--A local educational agency need 
                        not include unpredictable changes in student 
                        enrollment or personnel assignments that occur 
                        after the beginning of a school year in 
                        determining compliance under this subsection.
            ``(2) Documentation.--A local educational agency shall 
        demonstrate that it is meeting the requirements of paragraph 
        (1) by submitting to the State educational agency the per-pupil 
        expenditures, personnel expenditures, non-personnel 
        expenditures, and total expenditures for each school served by 
        the local educational agency.
            ``(3) Inapplicability.--This subsection shall not apply to 
        a local educational agency that does not have more than 1 
        building for each grade span.
            ``(4) Process and procedures.--
                    ``(A) Local educational agency responsibilities.--
                Each local educational agency assisted under this part 
                shall, by October 31, 2016, report to the State 
                educational agency on its compliance with the 
                requirements of this subsection for the preceding 
                school year, including a listing, by school, of actual 
                combined per-pupil State and local personnel and non-
                personnel expenditures.
                    ``(B) State educational agency responsibilities.--
                Each State educational agency assisted under this part 
                shall ensure that such information is made publicly 
                available by the State or the local educational agency, 
                including the school by school listing described in 
                subparagraph (A).
                    ``(C) Plan.--A local educational agency that does 
                not meet the requirements of this subsection in any 
                year shall develop and implement a plan to ensure 
                compliance for the subsequent school year and may be 
                required by the State educational agency to report on 
                its progress in implementing such plan.
            ``(5) Transition provisions.--
                    ``(A) School years preceding the 2015-2016 school 
                year.--For school years preceding the 2015-2016 school 
                year, a local educational agency may receive funds 
                under this part only if the local educational agency 
                demonstrates to the State educational agency that the 
                local educational agency meets the requirements of this 
                subsection, as in effect on the day before the date of 
                enactment of the Elementary and Secondary Education 
                Reauthorization Act of 2011.
                    ``(B) Transition between requirements.--The 
                Secretary shall take such steps as are necessary to 
                provide for the orderly transition between the 
                requirements under this section, as in effect on the 
                day before the date of enactment of the Elementary and 
                Secondary Education Reauthorization Act of 2011, and 
                the new requirements under this section, as amended by 
                such Act.
            ``(6) Rule of construction.--Nothing in this subsection 
        shall be construed to require a local educational agency to 
        transfer school personnel in order to comply with this 
        subsection.''.

SEC. 1122. COORDINATION REQUIREMENTS.

    Section 1120B (20 U.S.C. 6322) is amended to read as follows:

``SEC. 1120B. COORDINATION REQUIREMENTS.

    ``(a) In General.--Each local educational agency receiving 
assistance under this part shall carry out the activities described in 
subsection (b) with Head Start agencies (consistent with section 
642(e)(5) of the Head Start Act (42 U.S.C. 9801(e)(5)), providers of 
services under part C of the Individuals with Disabilities Education 
Act, programs carried out under section 619 of such Act, and, if 
feasible, other entities carrying out early childhood education and 
care programs and services.
    ``(b) Activities.--The activities and services referred to in 
subsection (a) include--
            ``(1) developing and implementing a systematic procedure 
        for transferring, with parental consent, early childhood 
        education and care program records for each participating child 
        to the school in which such child will enroll;
            ``(2) establishing ongoing communication between early 
        childhood education and care program staff and their 
        counterparts in the schools (including teachers, principals, 
        social workers, local educational agency liaisons designated 
        under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless 
        Assistance Act, and health staff) to facilitate the 
        coordination and alignment of programs;
            ``(3) establishing ongoing communications between the early 
        childhood education and care program and the local educational 
        agency for developing continuity of developmentally appropriate 
        instructional programs and shared expectations for children's 
        learning and development as children transition to school;
            ``(4) organizing and participating in joint training, 
        including transition-related training for school staff and 
        early childhood education and care programs;
            ``(5) establishing comprehensive transition policies and 
        procedures that support the school readiness of children 
        transitioning to school;
            ``(6) conducting outreach to parents, families, and 
        elementary school teachers to discuss the educational, 
        developmental, and other needs of children entering school;
            ``(7) helping parents of children who are English learners 
        understand--
                    ``(A) the instructional and other services provided 
                by the school in which such child will enroll after 
                participation in a Head Start program or other Federal 
                early childhood care and education program; and
                    ``(B) as appropriate, the information provided to 
                parents of English learners under section 3202;
            ``(8) helping parents understand the instructional and 
        other services provided by the school in which their child will 
        enroll after participation in a Head Start program or other 
        Federal early childhood care and education program; and
            ``(9) developing and implementing a system to increase 
        program participation of underserved populations of eligible 
        children, especially children eligible for a free or reduced 
        price lunch under the Richard B. Russell National School Lunch 
        Act (42 U.S.C. 1751 et seq.), parents of children who are 
        English learners, and parents of children with disabilities.''.

SEC. 1123. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE 
              INTERIOR.

    Section 1121 (20 U.S.C. 6331) is amended--
            (1) in subsection (a), by striking ``section 1002(a) and 
        1125A(f)'' and inserting ``paragraphs (1) and (3) of section 
        3(a)'';
            (2) in subsection (b)(3)--
                    (A) in subparagraph (A), by striking ``and freely 
                associated States''; and
                    (B) in subparagraph (C)(ii), by striking 
                ``challenging State academic content standards'' and 
                inserting ``college and career ready State academic 
                content standards under section 1111(a)(1)''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Definition of Outlying Area.--As used in subsections (a) and 
(b), the term `outlying area' has the meaning given that term in 
subparagraphs (A) and (B) of section 9101(42).''.

SEC. 1124. ALLOCATIONS TO STATES.

    Section 1122(a) (20 U.S.C. 6332(a)) is amended by striking 
``section 1002(a) to carry out this part for each of fiscal years 2002-
2007'' and inserting ``section 3(a)(1) to carry out this part for each 
of fiscal years 2012-2017''.

SEC. 1125. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

    Section 1125A (20 U.S.C. 6337) is amended--
            (1) in subsection (a), by striking ``subsection (f)'' and 
        inserting ``section 3(a)(3),'';
            (2) in subsection (b)(1)(A), by striking ``subsection (f)'' 
        and inserting ``section 3(a)(3)'';
            (3) by striking subsection (f); and
            (4) by redesignating subsection (g) as subsection (f).

SEC. 1126. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.

    Part A of title I (20 U.S.C. 6301 et seq.) is amended by adding at 
the end the following:

    ``Subpart 3--Grants for State Assessments and Related Activities

``SEC. 1131. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.

    ``(a) Grants for State Assessments.--From amounts made available 
under subsection (c)(1) to carry out this subsection, the Secretary 
shall make grants to States--
            ``(1) to enable States to pay the costs of developing, 
        improving, or administering State assessments and standards 
        consistent with section 1111(a), which may include the cost of 
        working in voluntary partnerships with other States, at the 
        sole discretion of each such State; and
            ``(2) in the case of States that have developed the 
        assessments and standards consistent with the requirements of 
        section 1111(a), to enable each such State--
                    ``(A) to administer such assessments; or
                    ``(B) to carry out other activities described in 
                this section, which may include--
                            ``(i) developing college and career ready 
                        State academic content and student academic 
                        achievement standards and aligned assessments 
                        in academic subjects for which standards and 
                        assessments are not required under section 
                        1111(a);
                            ``(ii) developing or improving assessments 
                        of English language proficiency necessary to 
                        comply with section 1111(a)(2)(D);
                            ``(iii) developing multiple measures of 
                        student academic achievement, including 
                        measures that assess higher-order thinking 
                        skills and understanding, to increase the 
                        reliability and validity of State assessment 
                        systems;
                            ``(iv) developing, enhancing, or 
                        administering, in publicly funded early 
                        childhood care and education programs and 
                        elementary schools, early learning assessments 
                        (including accommodations to provide access for 
                        young children with disabilities) to improve 
                        instruction for young children;
                            ``(v) strengthening the capacity of local 
                        educational agencies and schools to provide all 
                        students with the opportunity to increase 
                        educational achievement, including carrying out 
                        professional development activities aligned 
                        with State student academic achievement 
                        standards and assessments;
                            ``(vi) expanding the range, and improving 
                        the quality, of accommodations available to 
                        English learners and students with disabilities 
                        to improve the use of such accommodations, 
                        including professional development activities;
                            ``(vii) improving the dissemination of 
                        information about student achievement and 
                        school performance to parents and families, 
                        including the development of information and 
                        reporting systems designed to--
                                    ``(I) identify best educational 
                                practices based on scientifically valid 
                                research; or
                                    ``(II) assist in linking records of 
                                student achievement, length of 
                                enrollment, and graduation over time;
                            ``(viii) providing instructional supports, 
                        which may include formative assessments;
                            ``(ix) developing computer adaptive 
                        assessments that meet the requirements of 
                        section 1111(a); and
                            ``(x) developing alternate assessments, as 
                        described in section 1111(a)(2)(E), aligned to 
                        alternate achievement standards.
    ``(b) Grants for Enhanced Assessment Systems.--
            ``(1) Grant program authorized.--From amounts made 
        available under subsection (c)(2) to carry out this subsection, 
        the Secretary shall award, on a competitive basis, grants to 
        State educational agencies to enable the State educational 
        agencies to carry out the activities described in paragraph 
        (3).
            ``(2) Application.--Each State educational agency desiring 
        to receive a grant under this section shall submit an 
        application to the Secretary at such time, in such manner, and 
        accompanied by such information as the Secretary may require.
            ``(3) Authorized activities.--Each State educational agency 
        that receives a grant under this section shall use the grant 
        funds to--
                    ``(A) enable States, or a consortia of States, to 
                collaborate with institutions of higher education or 
                other organizations or agencies to improve the quality, 
                validity, and reliability of State academic assessments 
                beyond the requirements for such assessments described 
                in section 1111(a)(2);
                    ``(B) measure student academic achievement using 
                multiple measures of student academic achievement from 
                multiple sources, including measures that assess 
                higher-order thinking skills and understanding;
                    ``(C) chart student progress over time; or
                    ``(D) evaluate student academic achievement through 
                the development of comprehensive academic assessment 
                instruments.
    ``(c) Allotment of Appropriated Funds.--
            ``(1) In general.--For each fiscal year, the Secretary 
        shall use the amount of funds made available for this section 
        for such year or $400,000,000 of such funds, whichever is less, 
        to--
                    ``(A) reserve one-half of 1 percent for the Bureau 
                of Indian Affairs;
                    ``(B) reserve one-half of 1 percent for the 
                outlying areas; and
                    ``(C) from the amounts remaining after the 
                application of subparagraphs (A) and (B), allocate to 
                each State, for the purposes of carrying out the 
                activities under subsection (a), an amount equal to--
                            ``(i) $3,000,000; and
                            ``(ii) with respect to any amounts 
                        remaining after the allocation is made under 
                        clause (i), an amount that bears the same 
                        relationship to such total remaining amounts as 
                        the number of students ages 5 through 17 in the 
                        State (as determined by the Secretary on the 
                        basis of the most recent satisfactory data) 
                        bears to the total number of such students in 
                        all States.
            ``(2) Remainder.--Any amounts remaining for a fiscal year 
        after the Secretary carries out paragraph (1) shall be made 
        available to award funds under subsection (b) to States 
        according to the quality, needs, and scope of the State 
        application under this section. In determining the grant 
        amount, the Secretary shall ensure that a State's grant shall 
        include an amount that bears the same relationship to the total 
        funds available under this paragraph for the fiscal year as the 
        number of students ages 5 through 17 in the State (as 
        determined by the Secretary on the basis of the most recent 
        satisfactory data) bears to the total number of such students 
        in all States.
            ``(3) Definition of state.--In this section, the term 
        `State' means each of the 50 States, the District of Columbia, 
        and the Commonwealth of Puerto Rico.''.

                      PART B--PATHWAYS TO COLLEGE

SEC. 1201. IMPROVING SECONDARY SCHOOLS.

    Part B of title I (20 U.S.C. 6361 et seq.) is amended--
            (1) by striking the part heading and inserting the 
        following:

                    ``PART B--PATHWAYS TO COLLEGE'';

        and
            (2) by striking subpart 1 and inserting the following:

                ``Subpart 1--Improving Secondary Schools

``SEC. 1201. SECONDARY SCHOOL REFORM.

    ``(a) Purposes.--The purposes of this section are to ensure 
students graduate from secondary school on track to college and career 
readiness and to increase graduation rates by providing grants to 
eligible entities to provide schools with the necessary resources to 
implement innovative and effective secondary school reform strategies.
    ``(b) Definitions.--In this section:
            ``(1) Competency-based learning model.--The term 
        `competency-based learning model' means an education model in 
        which educators use explicit measurable learning objectives to 
        assist students to advance upon mastery of the objectives as 
        determined through relevant assessments.
            ``(2) Effective secondary school reform strategies.--The 
        term `effective secondary school reform strategies' means a set 
        of programs, interventions, and activities with demonstrated 
        effectiveness in improving the academic achievement of 
        struggling students or dropouts.
            ``(3) Eligible entity.--The term `eligible entity' means a 
        high-need local educational agency in partnership with 1 or 
        more external partners.
            ``(4) Eligible secondary school.--The term `eligible 
        secondary school' means a high school that--
                    ``(A) is eligible for funds under part A;
                    ``(B) has a graduation rate below 75 percent;
                    ``(C) does not receive grant funds under section 
                1116(d); and
                    ``(D) is identified as low performing based on the 
                State's accountability system.
            ``(5) External partner.--The term `external partner' means 
        a public or private nonprofit organization, public or private 
        nonprofit institution of higher education, or nonprofit charter 
        management organization, with a demonstrated record of 
        successful secondary school reform.
            ``(6) Feeder middle school.--The term `feeder middle 
        school' means an elementary school or secondary school from 
        which a majority of students go on to attend an eligible 
        secondary school.
            ``(7) Secretary.--The term `Secretary' means the Secretary 
        of Education.
            ``(8) Struggling student.--The term `struggling student' 
        means a student who is at an increased risk for low academic 
        achievement and is unlikely to graduate secondary school on 
        track to college and career readiness.
    ``(c) Grants Authorized.--
            ``(1) In general.--
                    ``(A) Reservation.--From the total amount of funds 
                appropriated to carry out this section for a fiscal 
                year, the Secretary may reserve not more than 2.5 
                percent for national activities, which the Secretary 
                shall use for technical assistance, data collection and 
                dissemination, and reporting activities.
                    ``(B) Grants.--From the total amount of funds 
                appropriated to carry out this section for a fiscal 
                year and not reserved under subparagraph (A), the 
                Secretary shall award grants, on a competitive basis, 
                to eligible entities, based on the quality of the 
                applications submitted, of which--
                            ``(i) not more than 25 percent of grant 
                        funds shall be used for activities described in 
                        subsection (e)(1); and
                            ``(ii) not less than 75 percent of grant 
                        funds shall be used for activities described in 
                        paragraphs (2) and (3) of subsection (e) and 
                        subsection (f).
            ``(2) Grant duration.--Grants awarded under this section 
        shall be for a period of 5 years, conditional after 3 years on 
        satisfactory progress on the performance indicators described 
        in subsection (d)(2)(E), as determined by the Secretary.
            ``(3) Annual report.--Each eligible entity that receives a 
        grant under this section shall submit to the Secretary an 
        annual report including data on the entity's progress on the 
        performance indicators described in subsection (d)(2)(E).
    ``(d) Application.--
            ``(1) In general.--An eligible entity that desires a grant 
        under this section shall submit an application to the Secretary 
        at such time, in such manner, and containing such information 
        as the Secretary may reasonably require.
            ``(2) Contents.--Each application submitted under paragraph 
        (1) shall include, at a minimum, a description of the 
        following:
                    ``(A) How the eligible entity will use funds 
                awarded under this section to carry out the activities 
                described in subsection (e)(1).
                    ``(B) The external partner's capacity and record of 
                success in secondary school reform and how the eligible 
                entity will sustain the activities proposed, including 
                the availability of funds from non-Federal sources and 
                coordination with other Federal, State, and local 
                funds.
                    ``(C) How the eligible entity conducted a 
                comprehensive needs analysis and capacity assessment of 
                the eligible secondary schools served by the eligible 
                entity to identify secondary schools proposed to be 
                served by the grant. The needs analysis and capacity 
                assessment shall include the following:
                            ``(i) An examination of each secondary 
                        school's data in the aggregate, and 
                        disaggregated by each of the subgroups of 
                        students described in section 
                        1111(a)(2)(B)(ix), on the following:
                                    ``(I) Graduation rates and 
                                characteristics of those students who 
                                are not graduating, including such 
                                students' attendance, behavior, 
                                expulsion rates, suspension rates, 
                                course performance, and credit 
                                accumulation rates.
                                    ``(II) Rates of dropout recovery 
                                (re-entry).
                                    ``(III) Rates of enrollment and 
                                remediation in institutions of higher 
                                education, in accordance with section 
                                1111(d)(3)(B)(viii).
                                    ``(IV) The percentage of students 
                                who are 2 or more years over-aged or 
                                under-credited for their grade level.
                            ``(ii) An examination of each eligible 
                        secondary school and feeder middle school's 
                        data in the aggregate, and disaggregated by 
                        each of the subgroups of students described in 
                        section 1111(a)(2)(B)(ix), as applicable, on 
                        the following:
                                    ``(I) Student academic achievement, 
                                including the percentage of students 
                                who have on-time credit accumulation at 
                                the end of each grade and the percent 
                                of students failing a core, credit-
                                bearing, reading or language arts, 
                                science, or mathematics course, or 
                                failing 2 or more of any courses.
                                    ``(II) Percentage of students who 
                                have an attendance rate lower than 90 
                                percent.
                                    ``(III) Annual rates of expulsions, 
                                suspensions, school violence, 
                                harassment, and bullying, as defined 
                                under State or local laws or policies.
                                    ``(IV) Annual, average credit 
                                accumulation.
                                    ``(V) Annual, average attendance 
                                rates.
                                    ``(VI) Annual rates of students who 
                                move in and out of the school within a 
                                school year
                                    ``(VII) Curriculum alignment with 
                                college and career ready standards 
                                across all grade levels.
                                    ``(VIII) Support services to 
                                address the nonacademic barriers that 
                                impact student achievement.
                                    ``(IX) The number and percentage of 
                                students who do not transition from 
                                grade 8 to grade 9 and who have not 
                                transferred to and enrolled in a school 
                                outside of the local educational agency 
                                within the State.
                            ``(iii) An examination, including a 
                        description, of each eligible secondary 
                        school's capacity to implement the school 
                        reform activities under subsection (e)(3), 
                        including--
                                    ``(I) the capacity and experience 
                                levels of administrative, 
                                instructional, and noninstructional 
                                staff; and
                                    ``(II) the budget, including how 
                                Federal, State, and local funds are 
                                being spent (as of the time of the 
                                assessment) and can be better spent; 
                                and
                                    ``(III) the technical assistance, 
                                additional resources, and staff 
                                necessary to implement the activities 
                                identified in subsection (e).
                            ``(iv) An assessment of the external 
                        partner capacity to provide technical 
                        assistance and resources to implement the 
                        activities described in subsection (e).
                    ``(D) The strategies chosen to be implemented at 
                the eligible secondary schools, including a rationale 
                for reform strategies, as described in subsection 
                (e)(3)(F), selected for each of the eligible secondary 
                schools, including how the chosen strategy will most 
                effectively address the needs identified through the 
                needs analysis.
                    ``(E) The performance indicators and targets the 
                eligible entity will use to assess the effectiveness of 
                the activities implemented under this section 
                including--
                            ``(i) graduation rates;
                            ``(ii) dropout recovery (re-entry) rates;
                            ``(iii) percentage of students with less 
                        than a 90 percent attendance rate;
                            ``(iv) percentage of students who have on-
                        time credit accumulation at the end of each 
                        grade and the percentage of students failing a 
                        core subject course;
                            ``(v) rates of expulsions, suspensions, 
                        school violence, harassment, and bullying, as 
                        defined under State or local laws or policies;
                            ``(vi) annual, average attendance rates;
                            ``(vii) annual rates of student mobility;
                            ``(viii) college remediation, enrollment, 
                        persistence, and completion rates; and
                            ``(ix) percentage of students 
                        successfully--
                                    ``(I) completing Advanced Placement 
                                or International Baccalaureate courses;
                                    ``(II) completing rigorous 
                                postsecondary education courses while 
                                attending a secondary school; or
                                    ``(III) enrolling in and 
                                completing, career and technical 
                                education, as defined in section 3 of 
                                the Carl D. Perkins Career and 
                                Technical Education Act of 2006, and 
                                registered apprenticeship programs, as 
                                defined in section 173A(b) of the 
                                Workforce Investment Act of 1998.
    ``(e) Required Uses of Funds.--
            ``(1) In general.--An eligible entity that receives a grant 
        under this section shall use the grant funds to--
                    ``(A) implement an early warning indicator system 
                to help high schools, and their feeder middle schools, 
                served by the eligible entity's local educational 
                agency, to identify struggling students and create a 
                system of evidence-based interventions, by--
                            ``(i) identifying and analyzing indicators 
                        that most reliably predict dropping out of 
                        secondary school;
                            ``(ii) analyzing the distribution of 
                        struggling students in secondary schools across 
                        all grades;
                            ``(iii) analyzing student progress and 
                        performance on the indicators identified under 
                        clause (i);
                            ``(iv) analyzing academic indicators to 
                        determine--
                                    ``(I) whether students will 
                                graduate on track to college and career 
                                readiness; and
                                    ``(II) which students are 2 or more 
                                years over-aged or under-credited for 
                                on-time secondary school graduation;
                            ``(v) analyzing student data to assist 
                        students in grade and school transitions; and
                            ``(vi) developing a mechanism for regularly 
                        collecting, reporting, and making accessible to 
                        each school served by the eligible entity for 
                        each such school's students--
                                    ``(I) student-level data on the 
                                indicators identified under clause (i);
                                    ``(II) student-level progress and 
                                performance, as described in clause 
                                (iii);
                                    ``(III) student-level data on the 
                                indicators described in clause (iv); 
                                and
                                    ``(IV) information about the impact 
                                of interventions on student outcomes 
                                and progress;
                    ``(B) provide support and credit recovery 
                opportunities for struggling students, including those 
                who are over-aged and under-credited, at secondary 
                schools served by the eligible entity by offering 
                activities, such as--
                            ``(i) a flexible school schedule;
                            ``(ii) competency-based learning models and 
                        performance-based assessments; and
                            ``(iii) the provision of support services;
                    ``(C) provide dropout recovery or re-entry programs 
                to secondary schools that are designed to encourage and 
                support dropouts returning to an educational system, 
                program, or institution following an extended absence 
                in order to graduate on track to college and career 
                readiness;
                    ``(D) provide evidence-based grade and school 
                transition programs and supports, including through 
                curricula alignment; and
                    ``(E) provide school leaders, instructional staff, 
                noninstructional staff, students, and families with 
                high-quality, easily accessible information about--
                            ``(i) secondary school graduation 
                        requirements;
                            ``(ii) postsecondary education application 
                        processes;
                            ``(iii) postsecondary admissions processes 
                        and requirements, including public financial 
                        aid and other available private scholarship and 
                        grant aid opportunities; and
                            ``(iv) other programs and services for 
                        increasing rates of college access and success 
                        for students from low-income families.
            ``(2) Required use of funds in feeder middle schools.--An 
        eligible entity that receives a grant under this section shall 
        use the grant funds in feeder middle schools to improve the 
        academic achievement of their students and prepare them to 
        graduate on track to college and career readiness by--
                    ``(A) using early warning indicator and 
                intervention systems described in paragraph (1)(A);
                    ``(B) creating a personalized learning environment;
                    ``(C) providing high-quality professional 
                development opportunities to school leaders, teachers, 
                and other school staff to prepare staff to--
                            ``(i) address the academic challenges of 
                        students in middle grades;
                            ``(ii) understand the developmental needs 
                        of students in the middle grades and how to 
                        address them in an educational setting;
                            ``(iii) implement data-driven 
                        interventions; and
                            ``(iv) provide academic guidance to 
                        students so that students can graduate on track 
                        to college and career readiness; and
                    ``(D) implementing organizational practices and 
                school schedules that allow for collaborative staff 
                participation, team teaching, and common instructional 
                planning time.
            ``(3) Required use of funds in eligible secondary 
        schools.--An eligible entity that receives a grant under this 
        section shall use the grant funds in eligible secondary schools 
        to implement a comprehensive approach that will--
                    ``(A) personalize the school experience by taking 
                steps such as--
                            ``(i) creating opportunities for struggling 
                        students to receive personalized instruction 
                        and opportunities for credit recovery;
                            ``(ii) implementing competency-based 
                        models; and
                            ``(iii) providing ongoing evaluation of 
                        student academic achievement and the necessary 
                        supports so that students graduate on track to 
                        college and career readiness;
                    ``(B) increase student engagement by providing 
                service-learning, experiential, work-based, and other 
                learning opportunities, such as--
                            ``(i) contextual learning opportunities;
                            ``(ii) internship opportunities;
                            ``(iii) community service, learning 
                        apprenticeships, and job shadowing;
                            ``(iv) college campus visits, and 
                        postsecondary and career counseling; and
                            ``(v) developing an individual graduation 
                        plan for each student that defines each 
                        student's career and postsecondary education 
                        goals, and provides the individualized 
                        evidence-based interventions necessary to meet 
                        the goals;
                    ``(C) provide school leaders with autonomy through 
                a flexible budget and staffing authority;
                    ``(D) implement high-quality professional 
                development for teachers and school leaders, provide 
                increased opportunities for teachers to work 
                collaboratively, and improve instruction;
                    ``(E) improve curriculum and instruction, by--
                            ``(i) adopting effective, evidence-based 
                        curricula and instructional materials aligned 
                        to high academic standards for all students; 
                        and
                            ``(ii) increasing rigor through the use of 
                        Advanced Placement or International 
                        Baccalaureate courses; and
                    ``(F) implement at least 1 of the following 
                effective secondary school reform strategies to prepare 
                students for college and a career, and to improve 
                graduation rates:
                            ``(i) Graduation Promise Academies, which 
                        include--
                                    ``(I) 9th grade academies taught by 
                                teams of teachers who work with small 
                                groups of students;
                                    ``(II) Career Academies for upper 
                                grades;
                                    ``(III) extended learning periods, 
                                such as block scheduling, to reduce the 
                                number of students for whom teachers 
                                are responsible and the number of 
                                courses students are taking at any one 
                                time;
                                    ``(IV) an after-hours credit 
                                recovery program;
                                    ``(V) curriculum coaches who 
                                provide high-quality professional 
                                development and support;
                                    ``(VI) partnerships among parents, 
                                teachers, administrators, community-
                                based organizations, and community 
                                members focused on improving student 
                                achievement; and
                                    ``(VII) a college-going culture, 
                                including student supports and 
                                guidance.
                            ``(ii) Career Academies, which--
                                    ``(I) establish career pathways by 
                                implementing a college and career ready 
                                curriculum that integrates rigorous 
                                academics, career and technical 
                                education, and experiential learning 
                                for high school students in high-skill, 
                                high-demand industries in collaboration 
                                with local and regional employers;
                                    ``(II) provide counseling to 
                                advance students' college and career 
                                goals;
                                    ``(III) collaborate with local 
                                employers to develop and provide work-
                                based experiences for high school 
                                students;
                                    ``(IV) modernize career-related 
                                equipment utilized by students; and
                                    ``(V) provide dual enrollment 
                                opportunities with college credit-
                                bearing courses, including accelerated 
                                certificate programs with community 
                                colleges or other recognized 
                                postsecondary credentials.
                            ``(iii) Early College Schools, which--
                                    ``(I) partner with 1 or more public 
                                or nonprofit institutions of higher 
                                education;
                                    ``(II) conduct outreach programs to 
                                ensure that middle school and high 
                                school students and their families are 
                                aware of the Early College Schools;
                                    ``(III) design curricula and 
                                sequences of courses in collaboration 
                                with teachers from the eligible 
                                secondary school and faculty from the 
                                partner institution of higher education 
                                so that students may simultaneously 
                                earn credits towards a high school 
                                diploma and either an associate degree 
                                or transferable postsecondary education 
                                credits toward a postsecondary degree 
                                at no cost to students or their 
                                families;
                                    ``(IV) coordinate secondary and 
                                postsecondary support services, and 
                                academic calendars to allow students to 
                                visit and take courses at the 
                                institutions of higher education; and
                                    ``(V) provide academic and support 
                                services, including financial aid 
                                counseling for postsecondary education.
    ``(f) Allowable Uses of Funds.--An eligible entity that receives a 
grant under this section may use grant funds to--
            ``(1) improve parent and family engagement in the 
        educational attainment and achievement of struggling students 
        and dropouts to be on track to college and career readiness 
        by--
                    ``(A) leveraging community-based services and 
                opportunities; and
                    ``(B) providing parents and families with the 
                necessary information, including data on their child's 
                academic achievement and how to navigate the public 
                school system;
            ``(2) provide extended learning opportunities, by extending 
        the school day, week, or year to increase the total number of 
        school hours to include additional time for instruction in 
        academic subjects and enrichment activities that contribute to 
        a well-rounded education;
            ``(3) increase student supports through activities such as 
        student advisories, school counseling opportunities, and one-
        to-one mentoring; and
            ``(4) create smaller learning communities.
    ``(g) Matching Funds.--
            ``(1) In general.--An eligible entity that receives a grant 
        under this section shall provide matching funds, from non-
        Federal sources, in an amount equal to not less than 20 percent 
        of the amount of grant funds awarded in the first 3 years of 
        the grant, not less than 50 percent of the amount awarded in 
        the fourth year of the grant, and not less than 75 percent of 
        the amount awarded in the fifth year of the grant, as 
        applicable.
            ``(2) Waiver.--The Secretary may waive all or part of the 
        matching requirement described in paragraph (1) for a fiscal 
        year for an eligible entity, on a case-by-case basis, if the 
        Secretary determines that applying the matching requirement to 
        such eligible entity would result in serious hardship or an 
        inability to carry out the authorized activities described in 
        subsection (e).
    ``(h) Supplement Not Supplant.--An eligible entity shall use 
Federal funds received under this section only to supplement the funds 
that would, in the absence of such Federal funds, be made available 
from other Federal and non-Federal sources for the activities described 
in this section, and not to supplant such funds.''.

SEC. 1202. ACCELERATED LEARNING.

    Subpart 2 of part B of title I (20 U.S.C. 6371 et seq.) is amended 
to read as follows:

                   ``Subpart 2--Accelerated Learning

``SEC. 1221. PURPOSES.

    ``The purposes of this subpart are--
            ``(1) to raise student academic achievement by--
                    ``(A) increasing the number of teachers serving 
                high-need schools who are qualified to teach Advanced 
                Placement or International Baccalaureate courses; and
                    ``(B) increasing the number of students attending 
                high-need schools who--
                            ``(i) enroll and succeed in Advanced 
                        Placement or International Baccalaureate 
                        courses; and
                            ``(ii) take Advanced Placement or 
                        International Baccalaureate examinations;
            ``(2) to increase, and to support statewide and, as 
        applicable, districtwide, efforts to increase the availability 
        of, and enrollment in, Advanced Placement or International 
        Baccalaureate courses, and pre-Advanced Placement or pre-
        International Baccalaureate courses, in high-need schools; and
            ``(3) to provide high-quality professional development for 
        teachers of Advanced Placement or International Baccalaureate 
        courses, and pre-Advanced Placement or pre-International 
        Baccalaureate courses, in high-need schools.

``SEC. 1222. FUNDING DISTRIBUTION RULE.

    ``From amounts appropriated to carry out this subpart for a fiscal 
year, the Secretary shall give priority to funding activities under 
section 1223 and shall distribute any remaining funds under section 
1224.

``SEC. 1223. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE 
              EXAMINATION FEE PROGRAM.

    ``(a) Grants Authorized.--From amounts made available to carry out 
this subpart for a fiscal year, the Secretary shall award grants to 
State educational agencies having applications approved under this 
section to enable the State educational agencies to pay, on behalf of 
low-income students, part or all of the costs of Advanced Placement or 
International Baccalaureate examination fees, if the low-income 
students--
            ``(1) are enrolled in an Advanced Placement or 
        International Baccalaureate course; and
            ``(2) plan to take an Advanced Placement or International 
        Baccalaureate examination.
    ``(b) Award Basis.--In determining the amount of the grant awarded 
to a State educational agency under this section for a fiscal year, the 
Secretary shall consider the number of children eligible to be counted 
under section 1124(c) in the State in relation to the number of such 
children so counted in all States.
    ``(c) Information Dissemination.--A State educational agency that 
is awarded a grant under this section shall make publicly available 
information regarding the availability of Advanced Placement or 
International Baccalaureate examination fee payments under this 
section, and shall disseminate such information to eligible secondary 
school students and parents, including through secondary school 
teachers and counselors.
    ``(d) Applications.--Each State educational agency desiring to 
receive a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may require. At a minimum, each State 
educational agency application shall--
            ``(1) describe the Advanced Placement or International 
        Baccalaureate examination fees the State educational agency 
        will pay on behalf of low-income students in the State from 
        grant funds awarded under this section;
            ``(2) provide an assurance that any grant funds awarded 
        under this section shall be used only to pay for Advanced 
        Placement or International Baccalaureate examination fees; and
            ``(3) contain such information as the Secretary may require 
        to demonstrate that the State educational agency will ensure 
        that a student is eligible for payments authorized under this 
        section, including ensuring that the student is a low-income 
        student.
    ``(e) Regulations.--The Secretary shall prescribe such regulations 
as are necessary to carry out this section.
    ``(f) Report.--
            ``(1) In general.--Each State educational agency awarded a 
        grant under this section shall, with respect to each Advanced 
        Placement or International Baccalaureate course subject, 
        annually report to the Secretary the following data for the 
        preceding year:
                    ``(A) The number of students in the State who are 
                taking an Advanced Placement or International 
                Baccalaureate course in such subject.
                    ``(B) The number of Advanced Placement or 
                International Baccalaureate examinations taken by 
                students in the State who have taken an Advanced 
                Placement or International Baccalaureate course in such 
                subject.
                    ``(C) The number of students in the State scoring 
                at each level on Advanced Placement or International 
                Baccalaureate examinations in such subject.
                    ``(D) Demographic information regarding students in 
                the State taking Advanced Placement or International 
                Baccalaureate courses and Advanced Placement or 
                International Baccalaureate examinations in that 
                subject, disaggregated by race, ethnicity, sex, English 
                proficiency status, and socioeconomic status.
            ``(2) Report to congress.--The Secretary shall annually 
        compile the information received from each State educational 
        agency under paragraph (1) and report to the authorizing 
        committees regarding the information.
    ``(g) BIA as SEA.--For purposes of this section, the Bureau of 
Indian Affairs shall be treated as a State educational agency.

``SEC. 1224. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE 
              INCENTIVE PROGRAM GRANTS.

    ``(a) Grants Authorized.--
            ``(1) In general.--From amounts made available to carry out 
        this subpart for a fiscal year, the Secretary shall award 
        grants, on a competitive basis, to eligible entities to enable 
        such entities to carry out the authorized activities described 
        in subsection (e).
            ``(2) Duration, renewal, and payments.--
                    ``(A) Duration.--The Secretary shall award a grant 
                under this section for a period of not more than 3 
                years.
                    ``(B) Renewal.--The Secretary may renew a grant 
                awarded under this section for an additional period of 
                not more than 2 years, if an eligible entity--
                            ``(i) is achieving the objectives of the 
                        grant; and
                            ``(ii) has shown improvement against 
                        baseline data on the performance measures 
                        described in subparagraphs (A) through (E) of 
                        subsection (g)(1).
                    ``(C) Payments.--The Secretary shall make grant 
                payments under this section on an annual basis.
    ``(b) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means--
            ``(1) a State educational agency;
            ``(2) a high-need local educational agency; or
            ``(3) a partnership consisting of--
                    ``(A) a national, regional, or statewide public or 
                nonprofit organization with expertise and experience in 
                providing Advanced Placement or International 
                Baccalaureate course services; and
                    ``(B) a State educational agency or a high-need 
                local educational agency.
    ``(c) Application.--
            ``(1) In general.--Each eligible entity desiring a grant 
        under this section shall submit an application to the Secretary 
        at such time, in such manner, and accompanied by such 
        information as the Secretary may require.
            ``(2) Contents.--The application shall, at a minimum, 
        include a description of--
                    ``(A) the goals and objectives for the project 
                supported by the grant under this section, including--
                            ``(i) increasing the number of teachers 
                        serving high-need schools who are qualified to 
                        teach Advanced Placement or International 
                        Baccalaureate courses;
                            ``(ii) increasing the number of Advanced 
                        Placement or International Baccalaureate 
                        courses that are offered at high-need schools; 
                        and
                            ``(iii) increasing the number of students 
                        attending a high-need school, particularly low-
                        income students, who succeed in--
                                    ``(I) Advanced Placement or 
                                International Baccalaureate courses; 
                                and
                                    ``(II) if offered by the school, 
                                pre-Advanced Placement or pre-
                                International Baccalaureate courses;
                    ``(B) how the eligible entity will ensure that 
                students have access to courses, including pre-Advanced 
                Placement or pre-International Baccalaureate courses, 
                that will prepare students to succeed in Advanced 
                Placement or International Baccalaureate courses;
                    ``(C) how the eligible entity will provide 
                professional development for teachers that will further 
                the goals and objectives of the grant project;
                    ``(D) how the eligible entity will ensure that 
                teachers serving high-need schools are qualified to 
                teach Advanced Placement or International Baccalaureate 
                courses;
                    ``(E) how the eligible entity will provide for the 
                involvement of business and community organizations and 
                other entities, including institutions of higher 
                education, in carrying out the activities described in 
                subsection (e);
                    ``(F) how the eligible entity will use funds 
                received under this section; and
                    ``(G) how the eligible entity will evaluate the 
                outcome of the grant project.
    ``(d) Priority.--In awarding grants under this section, the 
Secretary shall give priority to applications from eligible entities 
that--
            ``(1) are part of a statewide or districtwide strategy, as 
        applicable, for increasing the availability of Advanced 
        Placement or International Baccalaureate courses, and pre-
        Advanced Placement or pre-International Baccalaureate courses, 
        in high-need schools;
            ``(2) demonstrate a focus on increasing the availability of 
        Advanced Placement or International Baccalaureate courses in 
        core academic subjects; and
            ``(3) propose to carry out activities that target high-need 
        schools.
    ``(e) Authorized Activities.--
            ``(1) In general.--Each eligible entity that receives a 
        grant under this section shall use the grant funds to carry out 
        activities designed to increase--
                    ``(A) the number of teachers serving high-need 
                schools who are qualified to teach Advanced Placement 
                or International Baccalaureate courses; and
                    ``(B) the number of students attending high-need 
                schools who succeed in the examinations for such 
                courses, including through reimbursing low-income 
                students attending high-need schools for part or all of 
                the cost of Advanced Placement or International 
                Baccalaureate examination fees.
            ``(2) Allowable activities.--In addition to the activities 
        described in paragraph (1), an eligible entity that receives a 
        grant under this section may use grant funds for--
                    ``(A) high-quality teacher professional 
                development, in order to expand the pool of teachers in 
                the participating State, high-need local educational 
                agency, or high-need school who are qualified to teach 
                Advanced Placement or International Baccalaureate 
                courses, including through innovative models, such as 
                online academies and training institutes;
                    ``(B) pre-Advanced Placement or pre-International 
                Baccalaureate teacher and counselor high-quality 
                professional development in secondary school to prepare 
                students for success in Advanced Placement or 
                International Baccalaureate courses and in institutions 
                of higher education;
                    ``(C) coordination and articulation between grade 
                levels to prepare students to succeed in Advanced 
                Placement or International Baccalaureate courses;
                    ``(D) purchase of instructional materials for 
                Advanced Placement or International Baccalaureate 
                courses;
                    ``(E) activities to increase the availability of, 
                and participation in, online Advanced Placement or 
                International Baccalaureate courses;
                    ``(F) carrying out the requirements of subsection 
                (g); and
                    ``(G) in the case of an eligible entity described 
                in subsection (b)(1), awarding subgrants to high-need 
                local educational agencies to enable the high-need 
                local educational agencies to carry out authorized 
                activities described in subparagraphs (A) through (F).
    ``(f) Contracts.--An eligible entity that is awarded a grant to 
provide online Advanced Placement or International Baccalaureate 
courses under this subpart may enter into a contract with an 
organization to provide the online Advanced Placement or International 
Baccalaureate courses, including contracting for necessary support 
services.
    ``(g) Collecting and Reporting Requirements.--
            ``(1) Report.--Each eligible entity receiving a grant under 
        this section shall collect and report to the Secretary annually 
        such data regarding the results of the grant as the Secretary 
        may reasonably require, including--
                    ``(A) the number of students served by the eligible 
                entity enrolling in Advanced Placement or International 
                Baccalaureate courses, and pre-Advanced Placement or 
                pre-International Baccalaureate courses, disaggregated 
                by grade level of the student, and the grades received 
                by such students in the courses;
                    ``(B) the number of students taking an Advanced 
                Placement or International Baccalaureate examination 
                and the distribution of scores on those examinations, 
                disaggregated by the grade level of the student at the 
                time of examination;
                    ``(C) the number of teachers who are currently, as 
                of the date of the report, receiving training to teach 
                Advanced Placement or International Baccalaureate 
                courses and will teach such courses in the next school 
                year;
                    ``(D) the number of teachers becoming qualified to 
                teach Advanced Placement or International Baccalaureate 
                courses; and
                    ``(E) the number of qualified teachers who are 
                teaching Advanced Placement or International 
                Baccalaureate courses in high-need schools served by 
                the eligible entity.
            ``(2) Reporting of data.--Each eligible entity receiving a 
        grant under this section shall report the data required under 
        paragraph (1)--
                    ``(A) disaggregated by subject area;
                    ``(B) in the case of student data, disaggregated in 
                the same manner as information is disaggregated under 
                section 1111(a)(2)(B)(ix); and
                    ``(C) in a manner that allows for an assessment of 
                the effectiveness of the grant program.
    ``(h) Evaluation.--From the amount appropriated for this subpart 
and reserved for evaluation activities in accordance with section 
9601(a), the Secretary, acting through the Director of the Institute of 
Education Sciences, shall, in consultation with the relevant program 
office at the Department, evaluate the implementation and impact of the 
activities supported under this section, consistent with section 9601, 
including progress as measured by the performance measures established 
under subparagraphs (A) through (E) of subsection (g)(1).
    ``(i) Matching Requirement.--
            ``(1) In general.--Subject to paragraph (3), each eligible 
        entity that receives a grant under this section shall provide 
        toward the cost of the activities assisted under the grant, 
        from non-Federal sources, an amount equal to 100 percent of the 
        amount of the grant, except that an eligible entity that is a 
        high-need local educational agency shall provide an amount 
        equal to not more than 50 percent of the amount of the grant.
            ``(2) Matching funds.--The eligible entity may provide the 
        matching funds described in paragraph (1) in cash or in-kind, 
        fairly evaluated, but may not provide more than 50 percent of 
        the matching funds in-kind. The eligible entity may provide the 
        matching funds from State, local, or private sources.
            ``(3) Waiver.--The Secretary may waive all or part of the 
        matching requirement described in paragraph (1) for any fiscal 
        year for an eligible entity described in paragraph (1) or (2) 
        of subsection (b), if the Secretary determines that applying 
        the matching requirement to such eligible entity would result 
        in serious hardship or an inability to carry out the authorized 
        activities described in subsection (e).

``SEC. 1225. SUPPLEMENT, NOT SUPPLANT.

    ``Grant funds provided under this subpart shall supplement, and not 
supplant, other non-Federal funds that are available to assist low-
income students to pay for the cost of Advanced Placement or 
International Baccalaureate examination fees or to expand access to 
Advanced Placement or International Baccalaureate courses, and pre-
Advanced Placement or pre-International Baccalaureate courses.

``SEC. 1226. DEFINITIONS.

    ``In this subpart:
            ``(1) High-need school.--The term `high-need school' means 
        a secondary school--
                    ``(A) with a demonstrated need for Advanced 
                Placement or International Baccalaureate courses; and
                    ``(B) that--
                            ``(i) has a high concentration of low-
                        income students; or
                            ``(ii) is designated with a school locale 
                        code of 33, 41, 42, or 43, as determined by the 
                        Secretary.
            ``(2) Low-income student.--The term `low-income student' 
        means a student who is eligible for free or reduced-price lunch 
        under the Richard B. Russell National School Lunch Act (42 
        U.S.C. 1751 et seq.).''.

SEC. 1203. REORGANIZATION.

    Part B of title I, as amended by this part, is further amended by 
striking subparts 3 and 4.

                PART C--EDUCATION OF MIGRATORY CHILDREN

SEC. 1301. PROGRAM PURPOSE.

    Section 1301 (20 U.S.C. 6391) is amended to read as follows:

``SEC. 1301. PROGRAM PURPOSE.

    ``It is the purpose of this part to assist States in providing 
high-quality and comprehensive educational programs (including, as 
appropriate, instructional and educationally related support services), 
during the regular school year and summer or intersession periods, that 
address the unique educational needs of migratory children arising from 
their migratory lifestyle, in order to help such children--
            ``(1) succeed in school;
            ``(2) meet the same State college and career ready academic 
        content and student academic achievement standards under 
        section 1111(a)(1) that all children are expected to meet;
            ``(3) graduate high school ready for higher education and 
        careers; and
            ``(4) overcome educational disruption, cultural and 
        language barriers, social isolation, various health-related 
        problems, and other factors that inhibit the ability of such 
        children to succeed in school.''.

SEC. 1302. PROGRAM AUTHORIZED.

    Section 1302 (20 U.S.C. 6392) is amended--
            (1) by striking ``In order to carry out the purpose of this 
        part'' and inserting ``From the amounts made available under 
        section 3(d) for a fiscal year to carry out this part'';
            (2) by striking ``combinations'' and inserting 
        ``consortia''; and
            (3) by striking ``to establish'' and inserting ``to enable 
        such agencies or consortia to establish''.

SEC. 1303. STATE ALLOCATIONS.

    Section 1303 (20 U.S.C. 6393) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) State Allocations.--Except as provided in subsection (b), the 
amount awarded to each State (other than the Commonwealth of Puerto 
Rico) under this part for each fiscal year shall be an amount equal to 
the product of--
            ``(1) the sum of--
                    ``(A) the average number of identified eligible 
                migratory children aged 3 through 21, residing in the 
                State, based on data for the preceding 3 years; and
                    ``(B) the number of identified eligible migratory 
                children, aged 3 through 21, who received services 
                under this part in summer or intersession programs 
                provided by the State during the previous year; 
                multiplied by
            ``(2) 40 percent of the average per-pupil expenditure in 
        the State, except that the amount calculated under this 
        paragraph shall not be less than 32 percent, or more than 48 
        percent, of the average per-pupil expenditure in the United 
        States.'';
            (2) by redesignating subsections (b) through (e) as 
        subsections (c) through (f), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Hold Harmless.--Notwithstanding subsection (a), for each of 
fiscal years 2011 through 2013, no State receiving an allocation under 
this section shall receive less than 90 percent of the State's 
allocation under this section for the previous year.'';
            (4) in subsection (c), as redesignated by paragraph (2)--
                    (A) by striking paragraphs (2) and (3);
                    (B) by striking ``Puerto Rico.--'' and all that 
                follows through ``For each'' and inserting the 
                following: ``Puerto Rico.--For each'';
                    (C) by redesignating subparagraphs (A) and (B) as 
                paragraphs (1) and (2), respectively, and by aligning 
                such paragraphs with the margins of paragraph (1) of 
                subsection (e), as redesignated by paragraph (2);
                    (D) in the matter preceding paragraph (1), as 
                redesignated by subparagraph (C)--
                            (i) by striking ``which'' and inserting 
                        ``that''; and
                            (ii) by striking ``subsection (a)(1)(A)'' 
                        and inserting ``subsection (g)''; and
                    (E) in paragraph (1), as redesignated by 
                subparagraph (C)--
                            (i) by striking ``which'' and inserting 
                        ``that''; and
                            (ii) by inserting ``, except that the 
                        percentage calculated under this paragraph 
                        shall not be less than 85 percent'' before the 
                        semicolon at the end; and
            (5) in subsection (d), as redesignated by paragraph (2)--
                    (A) in paragraph (1)--
                            (i) by striking ``In general.--(A) If,'' 
                        and all that follows through ``this part'' and 
                        inserting the following: ``In general.--
                    ``(A) Ratable reductions.--If the amount available 
                for allocations to States under this part''; and
                            (ii) in subparagraph (B), by striking ``If 
                        additional'' and inserting ``Reallocation.--If 
                        additional'';
                    (B) in paragraph (2)--
                            (i) by striking ``Special rule.--(A) The'' 
                        and inserting the following: ``Special rule.--
                    ``(A) Further reductions.--The'';
                            (ii) in subparagraph (A), by striking 
                        ``required under section 1304'' and inserting 
                        ``needed to carry out the approved activities 
                        in the application under section 1304'';
                            (iii) in subparagraph (B), by striking 
                        ``The Secretary shall'' and inserting 
                        ``Reallocation.--The Secretary shall''; and
                            (iv) by adding at the end the following:
                    ``(C) Additional requirements.--The Secretary--
                            ``(i) shall--
                                    ``(I) develop and implement a 
                                procedure for monitoring the accuracy 
                                of the information described in 
                                subparagraph (A); and
                                    ``(II) issue, through regulations 
                                or guidance, criteria for a system of 
                                State quality control for the accuracy 
                                of State counts of eligible migratory 
                                children; and
                            ``(ii) may not reduce the amount of a State 
                        allocation under this paragraph on the basis of 
                        unintentional errors in such counts for States 
                        implementing a system of State quality control 
                        that meets the criteria described in clause 
                        (i)(II), if the discrepancy between the initial 
                        State count and any subsequent revisions is 
                        minimal.'';
            (6) in subsection (f), as redesignated by paragraph (2)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``best serve migratory children under this 
                part and'' after ``In order to'';
                    (B) in paragraph (1), by striking ``such 
                information as the Secretary finds'' and inserting 
                ``the most recent information that'';
                    (C) by redesignating paragraphs (2) through (4) as 
                paragraphs (3) through (5), respectively;
                    (D) by inserting after paragraph (1) the following:
            ``(2) develop and implement a procedure for monitoring the 
        accuracy of such information, if such a procedure does not 
        create barriers to the families of migratory children who are 
        eligible for services under this part;'';
                    (E) in paragraph (3), as redesignated by 
                subparagraph (C), by striking ``develop and implement a 
                procedure for more accurately reflecting'' and 
                inserting ``update such procedure, and implement the 
                updated procedure, to more accurately reflect the'';
                    (F) in paragraph (4)(A), as redesignated by 
                subparagraph (C), by inserting ``of high-quality, 
                sustained, and intensive education services'' after 
                ``special programs''; and
                    (G) in paragraph (5), as redesignated by 
                subparagraph (C), by striking ``the child whose 
                education has been interrupted'' and inserting 
                ``migratory children''; and
            (7) by adding at the end the following:
    ``(g) Nonparticipating States.--In the case of a State desiring to 
receive an allocation under this part for a fiscal year that did not 
receive an allocation for the previous fiscal year or that has been 
participating for less than 3 consecutive years, the Secretary shall 
calculate the State's number of identified migratory children aged 3 
through 21 for purposes of subsection (a)(1)(A) by using the most 
recent data available that identifies the migratory children residing 
in the State until data is available to calculate the 3-year average 
number of such children in accordance with such subsection.''.

SEC. 1304. STATE APPLICATIONS; SERVICES.

    Section 1304 (20 U.S.C. 6394) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``special'' and 
                                inserting ``unique''; and
                                    (II) by inserting ``and out of 
                                school migratory children'' after 
                                ``preschool migratory children''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``migrant'' and 
                                inserting ``migratory''; and
                                    (II) by striking ``part A or B of 
                                title III'' and inserting ``part A of 
                                title III'';
                    (B) in paragraph (2)--
                            (i) by striking ``migratory students'' and 
                        inserting ``migratory children''; and
                            (ii) by striking ``same challenging'' and 
                        all that follows through ``standards that'' and 
                        inserting ``same State college and career ready 
                        academic content and student academic 
                        achievement standards adopted under section 
                        1111(a)(1) that'';
                    (C) by striking paragraph (6);
                    (D) by redesignating paragraphs (3) through (5) as 
                paragraphs (4) through (6), respectively;
                    (E) by inserting after paragraph (2) the following:
            ``(3) a description of how the State will meet the 
        requirements of section 1308(b) for the timely electronic 
        transfer of student records and how the State will use such 
        records transfer to meet the unique educational needs of 
        migratory students and remove barriers to the proper enrollment 
        and retention of migratory children in schools;'';
                    (F) in paragraph (4), as redesignated by 
                subparagraph (D)--
                            (i) by striking ``require, the State'' and 
                        inserting ``require and using the linkage 
                        system described in section 1308(b), the State 
                        and each of its local operating agencies'';
                            (ii) by striking ``another'' and inserting 
                        ``another or from 1 school district to 
                        another''; and
                            (iii) by striking ``such move'' and 
                        inserting ``such a move'';
                    (G) in paragraph (7)--
                            (i) by striking ``family literacy 
                        services'' and inserting ``family literacy 
                        activities'';
                            (ii) by striking ``program or project 
                        serves'' and inserting ``programs and projects 
                        serve'';
                            (iii) by striking ``who have parents who'' 
                        and inserting ``whose parents''; and
                            (iv) by striking the period at the end and 
                        inserting ``; and''; and
                    (H) by adding at the end the following:
            ``(8) such budgetary and other information as the Secretary 
        may require.'';
            (2) in subsection (c)--
                    (A) in paragraph (2), by striking ``part I'' and 
                inserting ``part F'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) in the planning and operation of programs and 
        projects at both the State and local agency operating levels, 
        there is consultation with parent advisory councils for 
        programs of not less than 1 school year in duration, and that 
        all such programs and projects are--
                    ``(A) conducted in a manner that provides for the 
                same parental involvement as is required for programs 
                and projects under section 1118, including, to the 
                extent practicable, descriptions required for parental 
                involvement under section 1118(a)(3)(A), unless 
                extraordinary circumstances make such provision 
                impractical; and
                    ``(B) are developed in a format and language 
                understandable to the parents;'';
                    (C) in paragraph (4), by inserting ``and migratory 
                children who are not attending school'' before the 
                semicolon at the end;
                    (D) in paragraph (6), by striking subparagraph (C) 
                and inserting the following:
                    ``(C) family literacy programs that are determined 
                to be high quality;''; and
                    (E) by striking paragraph (7) and inserting the 
                following:
            ``(7) the State has procedures in place to verify the 
        accuracy and completeness of any data regarding the counting of 
        migratory children that is submitted to the Secretary under 
        this part.''; and
            (3) in subsection (d)--
                    (A) by striking ``who are failing'' and all that 
                follows through the period and inserting the following: 
                ``who have made a move within the previous 1-year 
                period and who--
            ``(1) are failing, or most at risk of failing, to meet the 
        State college and career ready academic content standards and 
        student academic achievement standards adopted under section 
        1111(a)(1); or
            ``(2) have dropped out of school.''; and
                    (B) in subsection (e)--
                            (i) in paragraph (2), by striking ``1'' and 
                        inserting ``one''; and
                            (ii) in paragraph (3), by striking 
                        ``secondary school students'' and inserting 
                        ``students''.

SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.

    Section 1305(b) (20 U.S.C. 6395(b)) is amended by striking ``may'' 
and inserting ``shall, to the extent practicable,''.

SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN; 
              AUTHORIZED ACTIVITIES.

    Section 1306 (20 U.S.C. 6396) is amended--
            (1) in subsection (a)(1)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by striking ``special'' and inserting 
                        ``unique''; and
                            (ii) by inserting ``, consistent with the 
                        purposes of this part,'' after ``migratory 
                        children'';
                    (B) by striking subparagraph (B);
                    (C) by redesignating subparagraphs (C) through (G) 
                as subparagraphs (E) through (I), respectively;
                    (D) by inserting after subparagraph (A) the 
                following:
                    ``(B) addresses the unique educational needs of 
                migratory children;
                    ``(C) is developed in collaboration with parents of 
                migratory children;
                    ``(D) is not used to supplant State efforts 
                regarding, or administrative funding for, this part;'';
                    (E) in subparagraph (E), as redesignated by 
                subparagraph (C), by striking ``same challenging'' and 
                all that follows through ``standards that'' and 
                inserting ``same State college and career ready 
                academic content and student academic achievement 
                standards adopted under section 1111(a)(1) that''; and
                    (F) in subparagraph (H), as redesignated by 
                subparagraph (C)--
                            (i) by striking ``early childhood 
                        programs,'' and inserting ``early childhood 
                        care and education programs,''; and
                            (ii) by striking ``part A or B of title 
                        III'' and inserting ``part A of title III'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``local 
                educational'' and inserting ``local operating'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Unmet needs.--Funds provided under this part shall be 
        used to meet the needs of migratory children that are not met 
        by services available from other Federal or non-Federal 
        programs, except that migratory children who are eligible to 
        receive services under part A may receive those services 
        through funds provided under that part or through funds under 
        this part that remain after the agency meets the needs 
        described in paragraph (1).''; and
                    (C) in paragraph (4), by striking ``special 
                educational'' and inserting ``unique educational''.

SEC. 1307. BYPASS.

    Section 1307 (20 U.S.C. 6397) is amended, in the matter preceding 
paragraph (1), by striking ``make arrangements with'' and inserting 
``award grants to, or enter into contracts with,''.

SEC. 1308. NATIONAL ACTIVITIES.

    Section 1308 (20 U.S.C. 6398) is amended--
            (1) by striking the section heading and inserting 
        ``national activities.'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``nonprofit entities to 
                        improve'' and inserting the following: 
                        ``entities to--
                    ``(A) improve'';
                            (ii) by inserting ``through'' before ``the 
                        establishment'';
                            (iii) by striking the period at the end and 
                        inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(B) improve the coordination between State 
                educational agencies, local operating agencies, and 
                their counterparts in other nations in educating 
                migratory children who move between the United States 
                and such nations.''; and
                    (B) in paragraph (2), by inserting ``or contracts'' 
                after ``Grants'';
            (3) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Assistance.--In order to determine the number of 
        migratory children in each State, the Secretary shall assist 
        each State in maintaining an effective system for the 
        electronic transfer of student records.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``The Secretary, in 
                                consultation'' and all that follows 
                                through ``may include--'' and inserting 
                                the following: ``The Secretary, in 
                                consultation with the States, shall 
                                continue to ensure the linkage of 
                                migratory child record systems for the 
                                purpose of electronically exchanging, 
                                within and among the States, health and 
                                educational information regarding all 
                                migratory children eligible under this 
                                part. The Secretary shall ensure such 
                                linkage occurs in a cost-effective 
                                manner, utilizing systems used by the 
                                State prior to, or developed after, the 
                                date of enactment of the Elementary and 
                                Secondary Education Reauthorization Act 
                                of 2011. The Secretary shall determine 
                                the minimum data elements that each 
                                State receiving funds under this part 
                                shall collect, maintain, and exchange, 
                                and the requirements of the linkage 
                                system that States shall meet for the 
                                timely submission of access to such 
                                information. Such minimum data elements 
                                may include--''; and
                                    (II) in clause (ii), by striking 
                                ``section 1111(b)'' and inserting 
                                ``section 1111(a)(2)''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Consultation.--The Secretary shall maintain 
                ongoing consultation with the States, local educational 
                agencies, and other migratory student service providers 
                on--
                            ``(i) the effectiveness of the system of 
                        electronic records transfer described in 
                        subparagraph (A); and
                            ``(ii) the ongoing improvement of such 
                        system.''; and
                    (C) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``2003'' and 
                                inserting ``2012, and every 2 years 
                                thereafter,''; and
                                    (II) by striking ``the Committee on 
                                Health, Education, Labor, and Pensions 
                                of the Senate and the Committee on 
                                Education and the Workforce of the 
                                House of Representatives'' and 
                                inserting ``the authorizing 
                                committees''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (ii), by striking 
                                ``the development and linkage of'' and 
                                inserting ``maintaining''; and
                                    (II) in clause (iii), by striking 
                                ``measures that may be taken to 
                                ensure'' and inserting ``improving'';
            (4) by redesignating subsection (c) as subsection (f), and 
        transferring such subsection so as to follow subsection (e);
            (5) by inserting after subsection (b) the following:
    ``(c) Technical Assistance.--The Secretary may provide technical 
assistance designed to support State efforts to meet the needs of 
migratory children, which may include supporting the attendance of 
State and local operating agency staff, and other appropriate 
individuals, at special meetings convened by the Secretary in order to 
carry out activities consistent with this section.'';
            (6) in subsection (d)--
                    (A) by striking ``, pursuant to criteria that the 
                Secretary shall establish,''; and
                    (B) by striking ``whose education is interrupted'' 
                and inserting ``described in section 1304(d)''; and
            (7) by striking subsection (e) and inserting the following:
    ``(e) Improvements and Coordination.--From any funds made available 
under this section and remaining after carrying out the requirements 
under subsections (b) and (d), the Secretary, in consultation with the 
States, may make grants to, or enter into contracts with, State 
educational agencies, local educational agencies, institutions of 
higher education, and other public and private nonprofit entities to 
improve the interstate and intrastate coordination among such agencies' 
and entities' programs available to migratory students consistent with 
this section, including the establishment or improvement of programs 
for academic credit accrual and exchange.''.

SEC. 1309. PERFORMANCE DATA; EVALUATIONS AND STUDY; STATE ASSISTANCE.

    Part C of title I (20 U.S.C. 6391 et seq.) is further amended--
            (1) by redesignating section 1309 as section 1312; and
            (2) by inserting after section 1308 the following:

``SEC. 1309. PERFORMANCE DATA.

    ``Consistent with section 1111(d)(3)(B), and in a manner prescribed 
by the Secretary, each State that receives a grant under this part 
shall annually submit to the Secretary, and make public, data on--
            ``(1) the academic achievement of migratory students, as 
        measured by the State assessments required under section 
        1111(a)(2);
            ``(2) such students' high school graduation rates and rates 
        of enrollment and persistence in, and completion of a program 
        of study at, institutions of higher education; and
            ``(3) the results of such other performance measures and 
        targets as the Secretary may prescribe.

``SEC. 1310. EVALUATION AND STUDY.

    ``(a) Program Evaluation.--From the amount reserved for evaluation 
activities in accordance with section 9601(a), the Secretary, acting 
through the Director of the Institute of Education Sciences, shall, in 
consultation with the relevant program office at the Department, 
evaluate the implementation and impact of the activities supported 
under this part, consistent with section 9601.
    ``(b) Study.--The Secretary shall conduct a pilot study, funded as 
part of the 2012 National Assessment of Educational Progress, on the 
feasibility of using the National Assessment of Educational Progress 
for assessing and reporting on the academic achievement of migratory 
children in grades 4 and 8 in reading and mathematics.

``SEC. 1311. STATE ASSISTANCE IN DETERMINING NUMBER OF MIGRATORY 
              CHILDREN.

    ``Each State that desires to receive assistance under this part 
shall assist the Secretary in determining the number of migratory 
children in such State under paragraphs (1) and (2) of subsection (a), 
and subsection (g), of section 1303 through such procedures as the 
Secretary may require, except that the Secretary shall not require 
additional information that is not directly related to determining the 
migratory status of the child or the administration of this part.''.

SEC. 1310. DEFINITIONS.

    Section 1312 (20 U.S.C. 6399), as redesignated by section 1309(1), 
is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (3) and (5), respectively;
            (2) by inserting before paragraph (3), as redesignated by 
        paragraph (1), the following:
            ``(1) Food processor.--The term `food processor' means a 
        position working with a raw agricultural, dairy, or fishing 
        product and transforming the product into a more refined 
        product up to the point of an initial commercial sale.
            ``(2) Initial commercial sale.--The term `initial 
        commercial sale' means the first point of sale of an 
        agricultural, dairy, or fishing product--
                    ``(A) for refining to the next-stage processor;
                    ``(B) to the wholesaler;
                    ``(C) to the retailer; or
                    ``(D) directly to the consumer.'';
            (3) by inserting after paragraph (3), as redesignated by 
        paragraph (1), the following:
            ``(4) Migratory agricultural worker.--The term `migratory 
        agricultural worker' means an individual who--
                    ``(A) made a qualifying move in the preceding 36-
                month period; and
                    ``(B) after making such move, sought or engaged in 
                employment in agricultural work, which may be dairy 
                work or the initial processing of raw agricultural 
                products.''; and
            (4) by striking paragraph (5), as redesignated by paragraph 
        (1), and inserting the following:
            ``(5) Migratory child.--The term `migratory child' means a 
        child who--
                    ``(A) is, or whose parent or spouse is, a migratory 
                agricultural worker or migratory fisher who is 
                currently engaged in, or seeking to obtain, temporary 
                or seasonal employment, usually for not longer than 15 
                months, in agricultural or fishing work until the point 
                of the initial commercial sale (including employment as 
                a migratory dairy worker, a food processor, or a 
                migratory fisher); and
                    ``(B) in the preceding 36 months--
                            ``(i) has moved from 1 school district to 
                        another;
                            ``(ii) in a State that is comprised of a 
                        single school district, has moved from 1 
                        administrative area to another within such 
                        district; or
                            ``(iii) resides in a school district of 
                        more than 15,000 square miles, and migrates a 
                        distance of 20 miles or more to a temporary 
                        residence to engage in, or to accompany a 
                        parent or spouse engaging in, a fishing 
                        activity.
            ``(6) Migratory fisher.--The term `migratory fisher' means 
        an individual who made a qualifying move in the preceding 36 
        months and, after doing so, sought or engaged in employment in 
        fishing work.
            ``(7) Qualifying move.--The term `qualifying move'--
                    ``(A) means--
                            ``(i) a move from 1 school district to 
                        another, or from 1 administrative area to 
                        another within a State that is comprised of a 
                        single school district; and
                            ``(ii) in the case of a migratory fisher 
                        who resides in a school district of more than 
                        15,000 square miles, includes migrating a 
                        distance of 20 miles or more to a temporary 
                        residence; and
                    ``(B) with respect to a qualifying move for a 
                parent or spouse of a migratory child, means a move 
                described in subparagraph (A) that is separated by not 
                more than 1 year from the move or migration described 
                in paragraph (5)(B) of the migratory child.''.

PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO 
                 ARE NEGLECTED, DELINQUENT, OR AT-RISK

SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION.

    Section 1401 (20 U.S.C. 6421) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``challenging 
                State academic content standards and challenging State 
                student academic achievement standards'' and inserting 
                ``college and career ready academic content standards 
                and student academic achievement standards under 
                section 1111(a)(1)''; and
                    (B) in paragraph (3), by striking ``to prevent at-
                risk youth from dropping out of school, and''; and
            (2) in subsection (b), by striking ``1002(d)'' and 
        inserting ``3(e)''.

SEC. 1402. ALLOCATION OF FUNDS.

    Paragraph (2) of section 1412(b) (20 U.S.C. 6432(b)) is amended to 
read as follows:
            ``(2) Minimum percentage.--The percentage in paragraph 
        (1)(A) shall not be less than 85 percent.''.

SEC. 1403. STATE PLAN AND STATE AGENCY APPLICATIONS.

    Section 1414 (20 U.S.C. 6434) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B)--
                            (i) by striking ``from'' and inserting 
                        ``between''; and
                            (ii) by striking ``to'' and inserting 
                        ``and'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``academic, vocational, and technical skills'' 
                        and inserting ``college and career readiness 
                        (as determined based on the State college and 
                        career ready academic content and student 
                        academic achievement standards under section 
                        1111(a)(1))''; and
                            (ii) in subparagraph (B), by striking 
                        ``and'' after the semicolon;
                    (C) in subparagraph (C)(iv), by striking the period 
                at the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(D) provide assurances that the State educational 
                agency has established--
                            ``(i) procedures to ensure that each 
                        student who has been placed in the juvenile 
                        justice system is promptly re-enrolled in 
                        secondary school or placed in a re-entry 
                        program that best meets the educational and 
                        social needs of the student;
                            ``(ii) procedures for facilitating the 
                        transfer of credits that such students earned 
                        during placement; and
                            ``(iii) opportunities for such students to 
                        participate in higher education or career 
                        pathways.''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by inserting ``and respond to'' after 
                        ``assess''; and
                            (ii) by inserting ``, including an 
                        assessment upon entry into a correctional 
                        facility'' before the semicolon at the end;
                    (B) in paragraph (8), by striking ``vocational'' 
                and inserting ``career'';
                    (C) in paragraph (9)--
                            (i) by striking ``encourage'' and insert 
                        ``require, to the extent practicable,'';
                            (ii) by inserting ``and after'' after 
                        ``prior to''; and
                            (iii) by inserting ``and that transition 
                        plans are in place'' before the semicolon at 
                        the end;
                    (D) in paragraph (11)--
                            (i) by inserting ``such'' after 
                        ``transition of'';
                            (ii) by striking ``from'' and inserting 
                        ``between''; and
                            (iii) by striking ``institution to locally 
                        operated'' and inserting ``institution and 
                        locally operated education'';
                    (E) in paragraph (16)--
                            (i) by inserting ``and obtain a secondary 
                        school diploma'' after ``reenter school''; and
                            (ii) by inserting ``that leads to economic 
                        self-sufficiency'' after ``employment''; and
                    (F) in paragraph (17), by inserting ``certified or 
                licensed'' before ``teachers''.

SEC. 1404. USE OF FUNDS.

    Section 1415(a) (20 U.S.C. 6435(a)) is amended--
            (1) in paragraph (1)(B), by striking ``vocational'' and 
        inserting ``career''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (B)--
                            (i) in clause (i), by striking 
                        ``challenging academic content standards and 
                        student academic achievement standards'' and 
                        inserting ``college and career ready academic 
                        content standards and student academic 
                        achievement standards under section 
                        1111(a)(1)''; and
                            (ii) in clause (iii), by striking 
                        ``challenging'' and inserting ``such'';
                    (B) in subparagraph (C)--
                            (i) by striking ``part I'' and inserting 
                        ``part F''; and
                            (ii) by striking ``and'' after the 
                        semicolon;
                    (C) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(E) may include the costs of testing for such 
                children and youth for a recognized equivalent of a 
                secondary school diploma.''.

SEC. 1405. INSTITUTION-WIDE PROJECTS.

    Section 1416 (20 U.S.C. 6436) is amended--
            (1) in paragraph (3), by striking ``challenging State 
        academic content standards and student academic achievement 
        standards'' and inserting ``college and career ready academic 
        content standards and student academic achievement standards 
        under section 1111(a)(1)'';
            (2) in paragraph (4)--
                    (A) by striking ``pupil services'' and inserting 
                ``specialized instructional support services''; and
                    (B) by inserting ``and the development and 
                implementation of transition plans'' before the 
                semicolon; and
            (3) in paragraph (6), by inserting ``and improve'' after 
        ``assess''.

SEC. 1406. TRANSITION SERVICES.

    Section 1418(a) (20 U.S.C. 6438(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``from'' and inserting ``between''; 
                and
                    (B) by striking ``to schools'' and inserting ``and 
                schools''; and
            (2) in paragraph (2), by striking ``vocational'' each place 
        the term appears and inserting ``career''.

SEC. 1407. PROGRAM EVALUATION.

    Section 1419 is amended to read as follows:

``SEC. 1419. PROGRAM EVALUATION.

    ``From the amount reserved for evaluation activities in accordance 
with section 9601(a), the Secretary, acting through the Director of the 
Institute for Education Sciences, shall, in consultation with the 
relevant program office of the Department, evaluate the implementation 
and impact of the activities supported under this part, consistent with 
section 9601.''.

SEC. 1408. PURPOSE OF LOCAL AGENCY PROGRAMS.

    Section 1421(1) (20 U.S.C. 6451(1)) is amended by striking ``, 
training, employment, or further education'' and inserting ``and 
college and career readiness (as determined based on the State college 
and career ready academic content and student academic achievement 
standards under section 1111(a)(1))''.

SEC. 1409. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

    Section 1422(d) (20 U.S.C. 6452(d)) is amended--
            (1) by striking ``meet the transitional'' and inserting 
        ``meet the transitional needs (including the social and 
        emotional needs)''; and
            (2) by striking ``meeting the transitional'' and inserting 
        ``meeting such transitional''.

SEC. 1410. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

    Section 1423 (20 U.S.C. 6453) is amended--
            (1) in paragraph (6), by striking ``, at-risk children or 
        youth, and other participating children or youth,'' and 
        inserting ``and at-risk children or youth,'';
            (2) in paragraph (8), by inserting ``and family members'' 
        after ``parents''; and
            (3) in paragraph (9), by striking ``vocational'' and 
        inserting ``career''.

SEC. 1411. USES OF FUNDS.

    Section 1424 (20 U.S.C. 6454) is amended--
            (1) in paragraph (2), by striking ``, including'' and all 
        that follows through ``gang members''; and
            (2) in paragraph (4), by striking ``vocational and 
        technical education'' and inserting ``career and technical 
        education, costs associated with testing for a recognized 
        equivalent of a secondary school diploma''.

SEC. 1412. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING 
              FUNDS UNDER THIS SECTION.

    Section 1425 (20 U.S.C. 6455) is amended--
            (1) in paragraph (9), by striking ``vocational'' and 
        inserting ``career'';
            (2) in paragraph (10), by striking ``and'' after the 
        semicolon;
            (3) in paragraph (11), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
            ``(12) develop an initial educational services and 
        transition plan for each child or youth served under this 
        subpart upon entry into the correctional facility, in 
        partnership with the child or youth's family members and the 
        local educational agency that most recently provided services 
        to the child or youth (if applicable), consistent with section 
        1414(a)(1); and
            ``(13) consult with the local educational agency for a 
        period jointly determined necessary by the correctional 
        facility and local educational agency upon discharge from that 
        facility, to coordinate educational services so as to minimize 
        disruption to the child's or youth's achievement.''.

SEC. 1413. ACCOUNTABILITY.

    Section 1426 (20 U.S.C. 6456) is amended to read as follows:

``SEC. 1426. ACCOUNTABILITY.

    ``The State educational agency--
            ``(1) shall require correctional facilities or institutions 
        for delinquent children and youth to annually report on the 
        number of children and youth released from the correctional 
        facility or institution who returned or did not return to 
        school, the number of children and youth obtaining a secondary 
        school diploma or its recognized equivalent, and the number of 
        children and youth obtaining employment; and
            ``(2) may require correctional facilities or institutions 
        for delinquent children and youth to demonstrate, after 
        receiving assistance under this subpart for 3 years, that there 
        has been an increase in the number of children and youth 
        returning to school, obtaining a secondary school diploma or 
        its recognized equivalent, or obtaining employment after such 
        children and youth are released.''.

SEC. 1414. PROGRAM EVALUATIONS.

    Section 1431(a)(1) (20 U.S.C. 6471(a)(1)) is amended by inserting 
``, including the ability to become college and career ready, as 
determined under the State academic content and student academic 
achievement standards under section 1111(a)(1), and to graduate high 
school in the standard number of years'' before the semicolon at the 
end.

SEC. 1415. DEFINITIONS.

    Section 1432(2) (20 U.S.C. 6472(2)) is amended to read as follows:
            ``(2) At-risk.--The term `at-risk', when used with respect 
        to a child, youth, or student, means a school-aged individual 
        who--
                    ``(A) is at risk of academic failure; and
                    ``(B) has a drug or alcohol problem, is pregnant or 
                is a parent, has come into contact with the juvenile 
                justice system or has been determined to be neglected 
                in the past, is a gang member, or has dropped out of 
                school in the past.''.

        PART E--EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE

SEC. 1501. EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE.

    (a) In General.--Part E of title I (20 U.S.C. 6491 et seq.) is 
amended to read as follows:

       ``PART E--EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE

``SEC. 1501. EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE.

    ``(a) Obligations To Collaborate With Child Welfare Agencies.--
            ``(1) In general.--Each State educational agency receiving 
        assistance under part A shall collaborate with the State agency 
        responsible for administering the State plans under parts B and 
        E of title IV of the Social Security Act (42 U.S.C. 621 et 
        seq., 670 et seq.) to develop and implement a plan to ensure 
        that the following occurs, for each child in the State, when 
        the child moves to a new school attendance area as a result of 
        being placed in foster care (as described in section 1502(1)), 
        changing foster care placements, or leaving foster care:
                    ``(A) Attendance at a school of origin.--
                            ``(i) In general.--The child enrolls or 
                        remains in the child's school of origin, unless 
                        a determination is made that it is in the 
                        child's best interest to attend a different 
                        school.
                            ``(ii) Limitation.--A child who leaves 
                        foster care shall only be entitled to remain in 
                        the child's school of origin for the remainder 
                        of the school year.
                    ``(B) Immediate enrollment.--When a determination 
                is made regarding the school that it is in the best 
                interest of a child in foster care to attend, the child 
                shall be immediately enrolled in such school, even if 
                the child is unable to produce records normally 
                required for enrollment, such as previous academic 
                records, immunization and medical records, a birth 
                certificate, guardianship records, proof of residency, 
                or other documentation.
                    ``(C) Records transfer.--Any records ordinarily 
                kept by a school, including records of immunizations, 
                health screenings, and other required health records, 
                academic records, birth certificates, evaluations for 
                special services or programs, and any individualized 
                education programs (as defined in section 602 of the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1401)), regarding a child in foster care shall be--
                            ``(i) maintained so that the records 
                        involved are available, in a timely fashion, 
                        when a child in foster care enters a new 
                        school; and
                            ``(ii) immediately transferred to the 
                        enrolling school, even if the child owes fees 
                        or fines or was not withdrawn from previous 
                        schools in conformance with local withdrawal 
                        procedures.
            ``(2) Implementation.--Each State educational agency 
        receiving assistance under part A shall ensure that the plan 
        described in paragraph (1) is implemented by the local 
        educational agencies in the State.
    ``(b) Credit Transfer and Diplomas.--Each State that receives 
assistance under part A shall have policies for ensuring that--
            ``(1) a child in foster care who is changing schools can 
        transfer school credits and receive partial credits for 
        coursework satisfactorily completed while attending a prior 
        school or educational program;
            ``(2) a child in foster care is afforded opportunities to 
        recover school credits lost due to placement instability while 
        in foster care; and
            ``(3) a child in foster care who has changed secondary 
        schools can receive a secondary school diploma either from one 
        of the schools in which the child was enrolled or through a 
        State-issued secondary school diploma system, consistent with 
        State graduation requirements.
    ``(c) Transportation.--Not later than 1 year after the date of 
enactment of the Elementary and Secondary Education Reauthorization Act 
of 2011, the State educational agency shall enter into an agreement 
with the State agency responsible for administering the State plans 
under parts B and E of title IV of the Social Security Act to ensure 
that children in foster care, and children leaving foster care, who are 
attending their schools of origin receive transportation to and from 
those schools, in accordance with subsection (a)(1) and with section 
475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)). The 
agreement shall include a description of the following:
            ``(1) How foster care maintenance payments will be used to 
        help fund the transportation of children in foster care to 
        their schools of origin.
            ``(2) How children who leave foster care will receive 
        transportation to maintain their enrollment in their schools of 
        origin for the remainder of the academic year, if remaining in 
        their schools of origin is in their best interests.
    ``(d) Points of Contact.--
            ``(1) Local educational agencies.--A State that receives 
        assistance under part A shall ensure that each local 
        educational agency in the State designates an individual 
        employed by the agency to serve as a point of contact for the 
        child welfare agencies responsible for children in foster care 
        enrolled in the local educational agency and to oversee the 
        implementation of the local educational agency requirements 
        under this section. A local educational agency's point of 
        contact shall not be the individual designated as its local 
        educational agency liaison under section 722(g)(1)(J)(ii) of 
        the McKinney-Vento Homeless Assistance Act, unless such 
        individual has the capacity, resources, and time to perform 
        both roles.
            ``(2) State educational agencies.--Each State educational 
        agency receiving assistance under part A shall designate an 
        individual to serve as a point of contact for child welfare 
        agencies and to oversee the implementation of the State 
        educational agency requirements under this section. A State 
        educational agency's point of contact shall not be the 
        individual designated as the State's Coordinator for Education 
        of Homeless Children and Youths under section 722(d)(3) of the 
        McKinney-Vento Homeless Assistance Act, unless such individual 
        has the capacity, resources, and time to perform both roles.

``SEC. 1502. DEFINITIONS.

    ``In this part:
            ``(1) Child in foster care.--The term `child in foster 
        care' means a child whose care and placement is the 
        responsibility of the agency that administers a State plan 
        under part B or E of title IV of the Social Security Act (42 
        U.S.C. 621 et seq., 670 et seq.), without regard to whether 
        foster care maintenance payments are made under section 472 of 
        the Social Security Act (42 U.S.C. 672) on behalf of the child.
            ``(2) School attendance area.--The term `school attendance 
        area' has the meaning given the term in section 1113(a)(2).
            ``(3) School of origin.--The term `school of origin' means, 
        with respect to a child in foster care, any of the following:
                    ``(A) The public school in which the child was 
                enrolled prior to entry into foster care.
                    ``(B) The public school in which the child is 
                enrolled when a change in foster care placement occurs.
                    ``(C) The public school the child attended when 
                last permanently housed, as such term is used in 
                section 722(g)(3)(G) of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11432(g)(3)(G)), if such 
                child was eligible for assistance under such Act before 
                the child became a child in foster care.''.
    (b) Guidance.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, in collaboration with the Secretary of 
Health and Human Services, is directed to issue guidance on the 
implementation of part E of title I of the Elementary and Secondary 
Education Act of 1965, including how State and local agencies will work 
together to ensure that transportation for children in foster care is 
provided to the school of origin.

                       PART F--GENERAL PROVISIONS

SEC. 1601. REORGANIZATION.

    (a) In General.--Title I (20 U.S.C. 6301 et seq.) is further 
amended--
            (1) by striking parts F through H;
            (2) by redesignating part I as part F; and
            (3) by redesignating sections 1901 through 1908 as sections 
        1601 through 1608, respectively.
    (b) Technical and Conforming Amendments.--Part F of title I, as 
redesignated by subsection (a)(2), is further amended--
            (1) in section 1601(b)(4)(A) (20 U.S.C. 6571(b)(4)(A)), as 
        redesignated by subsection (a)(3), by striking ``No Child Left 
        Behind Act of 2001'' and inserting ``Elementary and Secondary 
        Education Reauthorization Act of 2011'';
            (2) in section 1602(a) (20 U.S.C. 6572(a)), as redesignated 
        by subsection (a)(3), by striking ``1901'' and inserting 
        ``1601'';
            (3) in section 1603(b)(2)(G) (20 U.S.C. 6573(b)(2)(G)), as 
        redesignated by subsection (a)(3), by striking ``pupil services 
        personnel'' and inserting ``specialized instructional support 
        personnel''; and
            (4) in section 1608 (20 U.S.C. 6578), as redesignated by 
        subsection (a)(3), by striking ``No Child Left Behind Act of 
        2001'' and inserting ``Elementary and Secondary Education 
        Reauthorization Act of 2011''.

         TITLE II--SUPPORTING EXCELLENT TEACHERS AND PRINCIPALS

SEC. 2101. SUPPORTING EXCELLENT TEACHERS AND PRINCIPALS.

    (a) Technical Amendments.--Title II (20 U.S.C. 6601 et seq.) is 
amended--
            (1) by striking the title heading and inserting 
        ``SUPPORTING EXCELLENT TEACHERS AND PRINCIPALS'';
            (2) by redesignating subpart 3 of part D as part H of title 
        IV, and transferring such part H so as to follow part G of 
        title IV, as added by section 4108 of this Act;
            (3) in part H of title IV, as redesignated by paragraph 
        (2), by striking the part heading and inserting the following: 
        ``ready-to-learn'';
            (4) by redesignating section 2431 as section 4801;
            (5) in section 4801, as redesignated by paragraph (4)--
                    (A) by striking the section heading and inserting 
                the following: ``ready-to-learn'';
                    (B) in subsection (a)--
                            (i) in paragraph (1)(E)(ii)--
                                    (I) by striking ``Even Start 
                                providers,''; and
                                    (II) by striking ``family literacy 
                                services'' and inserting ``family 
                                literacy activities'';
                            (ii) in paragraph (2)--
                                    (I) by striking ``Even Start 
                                providers,''; and
                                    (II) by striking ``family literacy 
                                services'' and inserting ``family 
                                literacy activities'';
                            (iii) in paragraph (4)(B), by striking 
                        ``Even Start, and'';
                    (C) in subsection (c)(2), by striking ``relevant 
                committees of Congress'' and inserting ``authorizing 
                committees''; and
                    (D) by striking subsection (e) and inserting the 
                following:
    ``(e) Funding Rule.--Not less than 60 percent of the amount 
appropriated to carry out this section for each fiscal year shall be 
used to carry out activities under subparagraphs (B) through (D) of 
subsection (a)(1).'';
            (6) by redesignating subpart 5 of part C as subpart 3 of 
        part E of title IX, and transferring such subpart 3 so as to 
        follow subpart 2 of part E of title IX;
            (7) by redesignating sections 2361, 2362, 2363, 2364, 2365, 
        2366, 2367, and 2368, as sections 9541, 9542, 9543, 9544, 9545, 
        9546, 9547, and 9548, respectively; and
            (8) in section 9546(b), as redesignated by paragraph (7), 
        by striking the matter following paragraph (2) and inserting 
        the following:
            ``(3) A State law that makes a limitation of liability 
        inapplicable if the civil action was brought by an officer of a 
        State or local government pursuant to State or local law.''.
    (b) Troops-to-teachers.--
            (1) Transfer of functions.--
                    (A) Transfer.--The responsibility and authority for 
                operation and administration of the Troops-to-Teachers 
                Program in chapter A of subpart 1 of part C of title II 
                (20 U.S.C. 6671 et seq.), as in effect on the day 
                before the date of enactment of this Act, is 
                transferred from the Secretary of Education to the 
                Secretary of Defense.
                    (B) Effective date.--The transfer under 
                subparagraph (A) shall take effect on the first day of 
                the first month beginning more than 180 days after the 
                date of enactment of this Act, or on such earlier date 
                as the Secretary of Education and the Secretary of 
                Defense may jointly provide.
            (2) Enactment and modification of program authority in 
        title 10, united states code.--
                    (A) In general.--Chapter 58 of title 10, United 
                States Code, is amended by adding at the end the 
                following new section:
``Sec. 1154. Assistance to eligible members to obtain employment as 
              teachers: Troops-to-Teachers Program
    ``(a) Definitions.--In this section:
            ``(1) Charter school.--The term `charter school' has the 
        meaning given that term in section 5210 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7221i).
            ``(2) Program.--The term `Program' means the Troops-to-
        Teachers Program authorized by this section.
            ``(3) Additional terms.--The terms `elementary school', 
        `highly qualified teacher', `local educational agency', 
        `secondary school', and `State' have the meanings given those 
        terms in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
    ``(b) Program Authorization.--The Secretary of Defense may carry 
out a program (to be known as the `Troops-to-Teachers Program')--
            ``(1) to assist eligible members of the Armed Forces 
        described in subsection (c) to obtain certification or 
        licensing as elementary school teachers, secondary school 
        teachers, or vocational or technical teachers, and to become 
        highly qualified teachers; and
            ``(2) to facilitate the employment of such members--
                    ``(A) by local educational agencies or public 
                charter schools that the Secretary of Education 
                identifies as--
                            ``(i) receiving grants under part A of 
                        title I of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6311 et seq.) 
                        as a result of having within their 
                        jurisdictions concentrations of children from 
                        low-income families; or
                            ``(ii) experiencing a shortage of highly 
                        qualified teachers, in particular a shortage of 
                        science, mathematics, special education, or 
                        vocational or technical teachers; and
                    ``(B) in elementary schools or secondary schools, 
                or as vocational or technical teachers.
    ``(c) Eligibility and Application Process.--
            ``(1) Eligible members.--The following members of the Armed 
        Forces are eligible for selection to participate in the 
        Program:
                    ``(A) Any member who--
                            ``(i) on or after the date of the enactment 
                        of the Elementary and Secondary Education 
                        Reauthorization Act of 2011, becomes entitled 
                        to retired or retainer pay under this title or 
                        title 14;
                            ``(ii) has an approved date of retirement 
                        that is within 1 year after the date on which 
                        the member submits an application to 
                        participate in the Program; or
                            ``(iii) transfers to the Retired Reserve.
                    ``(B) Any member who, on or after the date of the 
                enactment of the Elementary and Secondary Education 
                Reauthorization Act of 2011--
                            ``(i)(I) is separated or released from 
                        active duty after 4 or more years of continuous 
                        active duty immediately before the separation 
                        or release; or
                            ``(II) has completed a total of at least 10 
                        years of active duty service, 10 years of 
                        service computed under section 12732 of this 
                        title, or 10 years of any combination of such 
                        service; and
                            ``(ii) executes a reserve commitment 
                        agreement for a period of not less than 3 years 
                        under paragraph (5)(B).
                    ``(C) Any member who, on or after the date of the 
                enactment of the Elementary and Secondary Education 
                Reauthorization Act of 2011, is retired or separated 
                for physical disability under chapter 61 of this title.
            ``(2) Submission of applications.--(A) Selection of 
        eligible members of the Armed Forces to participate in the 
        Program shall be made on the basis of applications submitted to 
        the Secretary. An application shall be in such form and contain 
        such information as the Secretary may require.
            ``(B) An application may be considered to be submitted on a 
        timely basis under subparagraph (A)(i), (B), or (C) of 
        paragraph (1) if the application is submitted not later than 2 
        years after the date on which the member is retired or 
        separated or released from active duty, whichever applies to 
        the member.
            ``(3) Selection criteria; educational background 
        requirements and honorable service requirement.--(A) Subject to 
        subparagraphs (B) and (C), the Secretary shall prescribe the 
        criteria to be used to select eligible members of the Armed 
        Forces to participate in the Program.
            ``(B)(i) If a member of the Armed Forces is applying for 
        assistance for placement as an elementary school or secondary 
        school teacher, the Secretary shall require the member to have 
        received a baccalaureate or advanced degree from an accredited 
        institution of higher education.
            ``(ii) If a member of the Armed Forces is applying for 
        assistance for placement as a vocational or technical teacher, 
        the Secretary shall require the member--
                    ``(I) to have received the equivalent of 1 year of 
                college from an accredited institution of higher 
                education and have 3 or more years of military 
                experience in a vocational or technical field; or
                    ``(II) to otherwise meet the certification or 
                licensing requirements for a vocational or technical 
                teacher in the State in which the member seeks 
                assistance for placement under the Program.
            ``(C) A member of the Armed Forces is eligible to 
        participate in the Program only if the member's last period of 
        service in the Armed Forces was honorable, as characterized by 
        the Secretary concerned. A member selected to participate in 
        the Program before the retirement of the member or the 
        separation or release of the member from active duty may 
        continue to participate in the Program after the retirement, 
        separation, or release only if the member's last period of 
        service is characterized as honorable by the Secretary 
        concerned.
            ``(4) Selection priorities.--In selecting eligible members 
        of the Armed Forces to receive assistance under the Program, 
        the Secretary shall give priority to members who--
                    ``(A) have educational or military experience in 
                science, mathematics, special education, or vocational 
                or technical subjects; and
                    ``(B) agree to seek employment as science, 
                mathematics, or special education teachers in 
                elementary schools or secondary schools or in other 
                schools under the jurisdiction of a local educational 
                agency.
            ``(5) Other conditions on selection.--(A) The Secretary may 
        not select an eligible member of the Armed Forces to 
        participate in the Program and receive financial assistance 
        unless the Secretary has sufficient appropriations for the 
        Program available at the time of the selection to satisfy the 
        obligations to be incurred by the United States under 
        subsection (d) with respect to the member.
            ``(B) The Secretary may not select an eligible member of 
        the Armed Forces described in paragraph (1)(B)(i) to 
        participate in the Program under this section and receive 
        financial assistance under subsection (d) unless the member 
        executes a written agreement to serve as a member of the 
        Selected Reserve of a reserve component of the Armed Forces for 
        a period of not less than 3 years (in addition to any other 
        reserve commitment the member may have).
    ``(d) Participation Agreement and Financial Assistance.--
            ``(1) Participation agreement.--(A) An eligible member of 
        the Armed Forces selected to participate in the Program under 
        subsection (c) and receive financial assistance under this 
        subsection shall be required to enter into an agreement with 
        the Secretary in which the member agrees--
                    ``(i) within such time as the Secretary may 
                require, to obtain certification or licensing as an 
                elementary school teacher, secondary school teacher, or 
                vocational or technical teacher, and to become a highly 
                qualified teacher; and
                    ``(ii) to accept an offer of full-time employment 
                as an elementary school teacher, secondary school 
                teacher, or vocational or technical teacher for not 
                less than 3 school years with a local educational 
                agency or public charter school receiving grants under 
                part A of title I of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C.6311 et seq.).
            ``(B) The Secretary may waive the 3-year commitment 
        described in subparagraph (A)(ii) for a participant if the 
        Secretary determines the waiver to be appropriate. If the 
        Secretary provides the waiver, the participant shall not be 
        considered to be in violation of the agreement and shall not be 
        required to provide reimbursement under subsection (e), for 
        failure to meet the 3-year commitment.
            ``(2) Violation of participation agreement; exceptions.--A 
        participant in the Program shall not be considered to be in 
        violation of the participation agreement entered into under 
        paragraph (1) during any period in which the participant--
                    ``(A) is pursuing a full-time course of study 
                related to the field of teaching at an institution of 
                higher education;
                    ``(B) is serving on active duty as a member of the 
                Armed Forces;
                    ``(C) is temporarily totally disabled for a period 
                of time not to exceed 3 years as established by sworn 
                affidavit of a qualified physician;
                    ``(D) is unable to secure employment for a period 
                not to exceed 12 months by reason of the care required 
                by a spouse who is disabled;
                    ``(E) is a highly qualified teacher who is seeking 
                and unable to find full-time employment as a teacher in 
                an elementary school or secondary school or as a 
                vocational or technical teacher for a single period not 
                to exceed 27 months; or
                    ``(F) satisfies such other criteria as may be 
                prescribed by the Secretary.
            ``(3) Stipend for participants.--(A) Subject to 
        subparagraph (B), the Secretary may pay to a participant in the 
        Program selected under this section a stipend in an amount of 
        not more than $5,000.
            ``(B) The total number of stipends that may be paid under 
        subparagraph (A) in any fiscal year may not exceed 5,000.
            ``(4) Bonus for participants.--(A) Subject to subparagraph 
        (B), the Secretary may, in lieu of paying a stipend under 
        paragraph (3), pay a bonus of $10,000 to a participant in the 
        Program selected under this section who agrees in the 
        participation agreement under paragraph (1) to become a highly 
        qualified teacher and to accept full-time employment as an 
        elementary school teacher, secondary school teacher, or 
        vocational or technical teacher for not less than 3 school 
        years in a high-need school.
            ``(B) The total number of bonuses that may be paid under 
        subparagraph (A) in any fiscal year may not exceed 3,000.
            ``(C) For purposes of subparagraph (A), the term `high-need 
        school' means a public elementary school, public secondary 
        school, or public charter school that meets 1 or more of the 
        following criteria:
                    ``(i) At least 50 percent of the students enrolled 
                in the school were from low-income families (as 
                described in subsection (b)(2)(A)(i)).
                    ``(ii) The school has a large percentage of 
                students who qualify for assistance under part B of the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1411 et seq.).
            ``(5) Treatment of stipend and bonus.--A stipend or bonus 
        paid under this subsection to a participant in the Program 
        shall be taken into account in determining the eligibility of 
        the participant for Federal student financial assistance 
        provided under title IV of the Higher Education Act of 1965 (20 
        U.S.C. 1070 et seq.).
    ``(e) Reimbursement Under Certain Circumstances.--
            ``(1) Reimbursement required.--A participant in the Program 
        who is paid a stipend or bonus under subsection (d) shall be 
        required to repay the stipend or bonus under the following 
        circumstances:
                    ``(A) The participant fails to obtain teacher 
                certification or licensing, to become a highly 
                qualified teacher, or to obtain employment as an 
                elementary school teacher, secondary school teacher, or 
                vocational or technical teacher as required by the 
                participation agreement under subsection (d)(1).
                    ``(B) The participant voluntarily leaves, or is 
                terminated for cause from, employment as an elementary 
                school teacher, secondary school teacher, or vocational 
                or technical teacher during the 3 years of required 
                service in violation of the participation agreement.
                    ``(C) The participant executed a written agreement 
                with the Secretary concerned under subsection (c)(5)(B) 
                to serve as a member of a reserve component of the 
                Armed Forces for a period of 3 years and fails to 
                complete the required term of service.
            ``(2) Amount of reimbursement.--A participant required to 
        reimburse the Secretary for a stipend or bonus paid to the 
        participant under subsection (d) shall pay an amount that bears 
        the same ratio to the amount of the stipend or bonus as the 
        unserved portion of required service bears to the 3 years of 
        required service. Any amount owed by the participant shall bear 
        interest at the rate equal to the highest rate being paid by 
        the United States on the day on which the reimbursement is 
        determined to be due for securities having maturities of 90 
        days or less and shall accrue from the day on which the 
        participant is first notified of the amount due.
            ``(3) Treatment of obligation.--The obligation to reimburse 
        the Secretary under this subsection is, for all purposes, a 
        debt owing the United States. A discharge in bankruptcy under 
        title 11 shall not release a participant from the obligation to 
        reimburse the Secretary under this subsection.
            ``(4) Exceptions to reimbursement requirement.--A 
        participant shall be excused from reimbursement under this 
        subsection if the participant becomes permanently totally 
        disabled as established by sworn affidavit of a qualified 
        physician. The Secretary may also waive the reimbursement in 
        cases of extreme hardship to the participant, as determined by 
        the Secretary.
    ``(f) Relationship to Educational Assistance Under Montgomery GI 
Bill.--The receipt by a participant in the Program of a stipend or 
bonus under subsection (d) shall not reduce or otherwise affect the 
entitlement of the participant to any benefits under chapter 30 or 33 
of title 38 or chapter 1606 of this title.
    ``(g) Participation by States.--
            ``(1) Discharge of state activities through consortia of 
        states.--The Secretary may permit States participating in the 
        Program to carry out activities authorized for such States 
        under the Program through 1 or more consortia of such States.
            ``(2) Assistance to states.--(A) Subject to subparagraph 
        (B), the Secretary may make grants to States participating in 
        the Program, or to consortia of such States, in order to permit 
        such States or consortia of States to operate offices for 
        purposes of recruiting eligible members of the Armed Forces for 
        participation in the Program and facilitating the employment of 
        participants in the Program as elementary school teachers, 
        secondary school teachers, and vocational or technical 
        teachers.
            ``(B) The total amount of grants made under subparagraph 
        (A) in any fiscal year may not exceed $5,000,000.''.
                    (B) Clerical amendment.--The table of sections at 
                the beginning of chapter 58 of such title is amended by 
                adding at the end the following new item:

``1154. Assistance to eligible members to obtain employment as 
                            teachers: Troops-to-Teachers Program.''.
            (3) Conforming amendment.--Section 1142(b)(4)(C) of such 
        title is amended by striking ``under sections 1152 and 1153 of 
        this title and the Troops-to-Teachers Program under section 
        2302 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6672)'' and inserting ``under sections 1152, 1153, and 
        1154 of this title''.
            (4) Effective date.--The amendments made by this section 
        shall take effect on the effective date of the transfer under 
        paragraph (1).
    (c) Supporting Excellent Teachers and Principals.--Title II (20 
U.S.C. 6601 et seq.), as amended by subsection (a), is further amended 
by striking parts A, B, C, and D, and inserting the following:

     ``PART A--CONTINUOUS IMPROVEMENT AND SUPPORT FOR TEACHERS AND 
                               PRINCIPALS

``SEC. 2101. PURPOSE.

    ``The purpose of this part is to provide grants to State 
educational agencies and subgrants to local educational agencies to 
enable such agencies to improve academic achievement for all students, 
including students with disabilities and English learners, by--
            ``(1) providing professional development that is designed 
        to improve instruction and student achievement; and
            ``(2) increasing the number and improving the equitable 
        distribution of high-quality teachers and principals.

``SEC. 2102. DEFINITIONS.

    ``In this part:
            ``(1) Induction program.--The term `induction program' 
        means a program based on scientifically valid research for new 
        teachers that is designed to improve instruction and increase 
        teacher retention, and that includes--
                    ``(A) high-quality teacher mentoring;
                    ``(B) the development of skills needed by new 
                teachers, including content knowledge, pedagogical 
                knowledge, classroom management (which may include 
                positive behavioral interventions and supports), and 
                the analysis and use of student assessments (including 
                formative assessments), and other student data;
                    ``(C) periodic, structured time for collaboration 
                and professional development with teachers in the same 
                subject or field, and opportunities to draw directly on 
                the expertise of other school and local educational 
                agency staff and other organizations that provide high-
                quality supports, which may include team teaching or a 
                reduced teaching load; and
                    ``(D) regular and structured observation with 
                timely feedback.
            ``(2) Mentoring.--The term `mentoring' means supporting 
        teachers or principals to increase the effectiveness and 
        retention of such teachers or principals through a program 
        that--
                    ``(A) includes clear criteria for the selection of 
                mentors that takes into account the mentor's--
                            ``(i) record of increasing student 
                        achievement; and
                            ``(ii) ability to facilitate adult 
                        learning;
                    ``(B) provides high-quality training for mentors in 
                how to support teachers or principals;
                    ``(C) provides regularly scheduled time for 
                collaboration, examination of student work and 
                achievement data, and ongoing opportunities for mentors 
                and mentees to observe each other's teaching or 
                leading, and identify and address areas identified for 
                improvement; and
                    ``(D) matches mentees with mentors in the same 
                field, grade, grade span, or subject area.
            ``(3) State.--The term `State' means each of the several 
        States of the United States, the Commonwealth of Puerto Rico, 
        and the District of Columbia.

                     ``Subpart 1--Grants to States

``SEC. 2111. ALLOTMENTS TO STATES.

    ``(a) In General.--The Secretary shall make grants to States with 
applications approved under section 2112 to enable the States to carry 
out the activities specified in section 2113. Each grant shall consist 
of the allotment determined for a State under subsection (b).
    ``(b) Determination of Allotments.--
            ``(1) Reservation of funds.--From the total amount 
        appropriated to carry out this subpart for a fiscal year, the 
        Secretary shall reserve--
                    ``(A) one-half of 1 percent for allotments for the 
                United States Virgin Islands, Guam, American Samoa, and 
                the Commonwealth of the Northern Mariana Islands, to be 
                distributed among those outlying areas on the basis of 
                their relative need, as determined by the Secretary, in 
                accordance with the purpose of this part; and
                    ``(B) one-half of 1 percent for the Secretary of 
                the Interior for programs under this part in schools 
                operated or funded by the Bureau of Indian Education.
            ``(2) State allotments.--
                    ``(A) In general.--Subject to subparagraph (B), 
                from the funds appropriated to carry out this subpart 
                and not reserved under paragraph (1), the Secretary 
                shall allot to each State the sum of--
                            ``(i) an amount that bears the same 
                        relationship to 35 percent of the remaining 
                        amount as the number of individuals ages 5 
                        through 17 in the State, as determined by the 
                        Secretary on the basis of the most recent 
                        satisfactory data, bears to the number of those 
                        individuals in all such States, as so 
                        determined; and
                            ``(ii) an amount that bears the same 
                        relationship to 65 percent of the remaining 
                        amount as the number of individuals, ages 5 
                        through 17 from families with incomes below the 
                        poverty line, in the State, as determined by 
                        the Secretary on the basis of the most recent 
                        satisfactory data, bears to the number of those 
                        individuals in all such States, as so 
                        determined.
                    ``(B) Exception.--No State receiving an allotment 
                under subparagraph (A) may receive less than one-half 
                of 1 percent of the total amount allotted under such 
                subparagraph.
            ``(3) Reallotment.--If any State does not receive an 
        allotment under this subsection for any fiscal year, the 
        Secretary shall reallot the amount of the allotment to the 
        remaining States in accordance with this subsection.

``SEC. 2112. STATE APPLICATIONS.

    ``(a) In General.--For a State to be eligible to receive a grant 
under this part, the State educational agency shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may reasonably require.
    ``(b) Contents.--Each application submitted under this section 
shall be subject to peer review and include--
            ``(1) a description of how the State educational agency 
        will ensure that each local educational agency receiving a 
        subgrant under subpart 2 will comply with the requirements of 
        such subgrant;
            ``(2) a description of how the State will use funds 
        reserved under section 2113(a);
            ``(3) a description of how the activities to be carried out 
        by the State educational agency under this subpart will be 
        based on a review of scientifically valid research and an 
        explanation of why the activities are expected to improve 
        student achievement;
            ``(4) a description of how activities under this subpart 
        are aligned with State academic content and student academic 
        achievement standards and State assessments, which include, as 
        appropriate, State early learning standards for children 
        younger than kindergarten;
            ``(5) a description of how the State educational agency 
        will provide data on each teacher's student achievement and, if 
        applicable, student growth, for the State assessments required 
        under section 1111(a)(2) to teachers and local educational 
        agencies, in a timely and useful manner;
            ``(6) if the State intends to use grant funds to develop or 
        improve a teacher and principal evaluation system--
                    ``(A) a description of such system; and
                    ``(B) an assurance that such system will be 
                consistent with section 2301(b)(4);
            ``(7) a description of how the State educational agency 
        will hold local educational agencies accountable for meeting 
        the requirements of section 1119;
            ``(8) an assurance that the State educational agency will 
        comply with section 9501 (regarding participation by private 
        school children and teachers); and
            ``(9) a description of the activities funded under this 
        subpart, including how such activities will be coordinated with 
        the State agency responsible for early childhood education and 
        care programs and the State Advisory Council on Early Childhood 
        Education and Care established under section 642B of the Head 
        Start Act, that are designed to improve and strengthen the 
        knowledge and skills of teachers and principals responsible for 
        educating children in preschool, where applicable, through 
        grade 3.
    ``(c) Deemed Approval.--An application submitted by a State 
educational agency pursuant to subsection (a) that has been peer 
reviewed shall be deemed to be approved by the Secretary unless the 
Secretary makes a written determination, prior to the expiration of the 
120-day period beginning on the date on which the Secretary received 
the application, that the application is not in compliance with this 
subpart.
    ``(d) Disapproval.--The Secretary shall not finally disapprove the 
application, except after giving the State educational agency notice 
and an opportunity for a hearing.
    ``(e) Notification.--If the Secretary finds that the application is 
not in compliance, in whole or in part, with this subpart, the 
Secretary shall--
            ``(1) give the State educational agency notice and an 
        opportunity for a hearing; and
            ``(2) notify the State educational agency of the finding of 
        noncompliance and, in such notification, shall--
                    ``(A) cite the specific provisions in the 
                application that are not in compliance; and
                    ``(B) request additional information, only as to 
                the noncompliant provisions, needed to make the 
                application compliant.
    ``(f) Response.--If the State educational agency responds to the 
Secretary's notification described in subsection (e)(2) during the 45-
day period beginning on the date on which the agency received the 
notification, and resubmits the application with the requested 
information described in subsection (e)(2)(B), the Secretary shall 
approve or disapprove such application prior to the later of--
            ``(1) the expiration of the 45-day period beginning on the 
        date on which the application is resubmitted; or
            ``(2) the expiration of the 120-day period described in 
        subsection (c).
    ``(g) Failure to Respond.--If the State educational agency does not 
respond to the Secretary's notification described in subsection (e)(2) 
during the 45-day period beginning on the date on which the agency 
received the notification, such application shall be deemed to be 
disapproved.

``SEC. 2113. STATE USE OF FUNDS.

    ``(a) In General.--A State that receives a grant under section 
2111--
            ``(1) shall reserve 95 percent of the funds made available 
        through the grant to make subgrants to local educational 
        agencies as described in subpart 2;
            ``(2) shall use not less than 2 percent but not more than 5 
        percent of funds made available through the grant to improve 
        the performance and distribution of high quality principals 
        and, at the State's discretion, other school leaders, including 
        through--
                    ``(A) developing, periodically reviewing, and 
                revising State policies and standards related to 
                principals;
                    ``(B) developing, with appropriate stakeholders, 
                and carrying out a State plan to provide for well-
                prepared principals, based on an analysis of relevant 
                data;
                    ``(C) activities designed to recruit, prepare, 
                place, assist, support, and retain high quality 
                principals for high-need schools and low-performing 
                schools;
                    ``(D) providing training and support to principals 
                and school leadership teams in high-need schools and 
                low-performing schools on improving instruction and 
                closing achievement gaps; and
                    ``(E) providing compensation or incentives to 
                attract, retain, and reward high quality principals and 
                other school leaders for high-need schools and low-
                performing schools;
            ``(3) shall use funds remaining after making the 
        reservations under paragraphs (1) and (2) to--
                    ``(A) plan and administer State activities under 
                this part, including awarding, monitoring, and 
                enforcing the requirements of subgrants awarded under 
                subpart 2;
                    ``(B) assist local educational agencies in 
                recruiting, preparing, placing, developing, and 
                retaining high-quality teachers for high-need schools 
                and low-performing schools;
                    ``(C) provide technical assistance, as necessary, 
                to local educational agencies that receive subgrants 
                under subpart 2, to improve performance on the measures 
                described in section 2141(b);
                    ``(D) develop and disseminate the State Report Card 
                described in subpart 4, and use the information in the 
                Report Card to guide efforts under this part; and
                    ``(E) provide technical assistance and support to 
                local educational agencies in the development and 
                implementation of programs and policies that support 
                children's transition from early childhood education 
                and care programs into elementary schools, improve 
                school readiness, and improve the academic achievement 
                of young children; and
            ``(4) may use any funds remaining after making the 
        reservations under paragraphs (1) and (2) and carrying out 
        paragraph (3) to provide technical assistance to local 
        educational agencies to support the design and implementation 
        of a system to evaluate teachers and principals consistent with 
        section 2301(b)(4), including--
                    ``(A) developing and disseminating research-based 
                models and designing high-quality evaluation tools, 
                such as classroom observation rubrics;
                    ``(B) developing and providing training for 
                principals and other evaluators on how to evaluate 
                teachers in order to differentiate teacher performance 
                accurately, provide useful feedback, and use evaluation 
                results to inform decisionmaking about professional 
                development, improvement strategies, and personnel 
                decisions;
                    ``(C) developing methods, including training and 
                auditing, for ensuring inter-rater reliability of 
                evaluation results;
                    ``(D) the appropriate collection, reporting, 
                analysis, and use of evaluation data; and
                    ``(E) creating opportunities for teachers and 
                principals to provide feedback on the quality and 
                usefulness of the local educational agency's evaluation 
                system.
    ``(b) Optional Uses.--
            ``(1) In general.--Notwithstanding subsection (a)(2), a 
        State that receives a grant under section 2111 may, from the 
        funds available for the uses described in such subsection 
        (a)(2), use an amount equal to not more than 1 percent of the 
        funds made available through the grant to establish, expand, or 
        implement 1 or more teacher or principal preparation academies 
        and to provide for a State authorizer, if--
                    ``(A) the State does not have in place legal, 
                statutory, or regulatory barriers to the creation or 
                operation of teacher or principal preparation 
                academies;
                    ``(B) the State enables candidates attending a 
                teacher or principal preparation academy to be eligible 
                for State financial aid to the same extent as 
                participants in other State-approved teacher or 
                principal preparation programs, including alternative 
                certification, licensure, or credential programs;
                    ``(C) the State enables teachers or principals who 
                are teaching or working while on alternative 
                certificates, licenses, or credentials to teach or work 
                in the State while enrolled in a teacher or principal 
                preparation academy; and
                    ``(D) the State will recognize a certificate of 
                completion (from any teacher or principal preparation 
                academy that is not, or is unaffiliated with, an 
                institution of higher education), as at least the 
                equivalent of a master's degree in education for the 
                purposes of hiring, retention, compensation, and 
                promotion in the State.
            ``(2) Definitions.--In this subsection:
                    ``(A) Teacher or principal preparation academy.--
                The term `teacher or principal preparation academy' 
                means a public or other nonprofit institution that will 
                prepare teachers or principals, or both, to serve in 
                high-need schools and that--
                            ``(i) enters into an agreement with a State 
                        authorizer that specifies the goals expected of 
                        the institution, including--
                                    ``(I) a requirement that--
                                            ``(aa) teacher or principal 
                                        candidates, or teachers 
                                        teaching or principals serving 
                                        on alternative certificates, 
                                        licenses, or credentials, who 
                                        are enrolled in the academy 
                                        receive a significant part of 
                                        their training through clinical 
                                        preparation that partners 
                                        candidates with mentor teachers 
                                        or principals with a 
                                        demonstrated track record of 
                                        success in improving student 
                                        growth, including (where 
                                        applicable) children with 
                                        disabilities, children living 
                                        in poverty, and English 
                                        learners; and
                                            ``(bb) the academy will 
                                        provide instruction to teacher 
                                        candidates that links to the 
                                        clinical preparation 
                                        experience;
                                    ``(II) the number of teachers or 
                                principals the academy will produce and 
                                the minimum number and percentage of 
                                teachers or principals who will 
                                demonstrate success in improving 
                                student performance based on multiple 
                                measures (including student growth);
                                    ``(III) a requirement that the 
                                teacher preparation component of the 
                                academy will only award a certificate 
                                of completion (or degree, if the 
                                academy is, or is affiliated with, an 
                                institution of higher education) after 
                                the graduate demonstrates a track 
                                record of success in improving student 
                                performance based on multiple measures 
                                (including student growth), either as a 
                                student teacher or teacher-of-record on 
                                an alternative certificate, license, or 
                                credential;
                                    ``(IV) a requirement that the 
                                principal preparation component of the 
                                academy will only award a certificate 
                                of completion (or degree, if the 
                                academy is, or is affiliated with, an 
                                institution of higher education) after 
                                the graduate demonstrates a track 
                                record of success in improving student 
                                performance for some or all of a 
                                school's students; and
                                    ``(V) timelines for producing 
                                cohorts of graduates and conferring 
                                certificates of completion (or degrees, 
                                if the academy is, or is affiliated 
                                with, an institution of higher 
                                education) from the academy;
                            ``(ii) shall not have unnecessary 
                        restrictions placed on the methods the academy 
                        will use to train teacher or principal 
                        candidates (or teachers or principals that are 
                        teaching or working while on alternative 
                        certificates, licenses, or credentials), 
                        including restrictions or requirements--
                                    ``(I) obligating the faculty of the 
                                academy to hold advanced degrees, or 
                                prohibiting the faculty of the academy 
                                from holding advanced degrees;
                                    ``(II) obligating such faculty to 
                                conduct academic research;
                                    ``(III) related to the physical 
                                infrastructure of the academy;
                                    ``(IV) related to the number of 
                                course credits required as part of the 
                                program of study;
                                    ``(V) related to the undergraduate 
                                coursework completed by teachers 
                                teaching on alternative certificates, 
                                licenses, or credentials, as long as 
                                such teachers have successfully passed 
                                all relevant State-approved content 
                                area examinations; or
                                    ``(VI) related to obtaining 
                                additional accreditation from a 
                                national accrediting body; and
                            ``(iii) limits admission to its program to 
                        candidates who demonstrate strong potential to 
                        improve student achievement, based on a 
                        rigorous selection process that reviews a 
                        candidate's prior academic achievement or 
                        record of professional accomplishment.
                    ``(B) State authorizer.--The term `State 
                authorizer' means an entity designated by the Governor 
                of a State to recognize teacher or principal 
                preparation academies within the State that--
                            ``(i) enters into an agreement with a 
                        teacher or principal preparation academy that 
                        specifies the goals expected of the academy, as 
                        described in subparagraph (A)(i);
                            ``(ii) may be a nonprofit organization, 
                        State educational agency, or other public 
                        entity, or consortium of such entities 
                        (including a consortium of States); and
                            ``(iii) does not reauthorize a teacher or 
                        principal preparation academy if the academy 
                        fails to produce the minimum number or 
                        percentage of effective teachers or principals, 
                        respectively, identified in the academy's 
                        authorizing agreement.
    ``(c) Supplement, Not Supplant.--Funds received under this subpart 
shall be used to supplement, and not supplant, non-Federal funds that 
would otherwise be used for activities authorized under this subpart.

          ``Subpart 2--Subgrants to Local Educational Agencies

``SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) In General.--The Secretary may make a grant to a State under 
subpart 1 only if the State educational agency agrees to distribute the 
funds described in this section as subgrants to local educational 
agencies under this subpart.
    ``(b) Allocations.--
            ``(1) In general.--From the total amount reserved by a 
        State under section 2113(a)(1) for a fiscal year, the State 
        educational agency shall allocate to each of the eligible local 
        educational agencies in the State for such fiscal year the sum 
        of--
                    ``(A) an amount that bears the same relationship to 
                20 percent of the total amount reserved as the number 
                of individuals age 5 through 17 in the geographic area 
                served by the agency, as determined by the Secretary on 
                the basis of the most recent satisfactory data, bears 
                to the number of those individuals in the geographic 
                areas served by all the local educational agencies in 
                the State, as so determined; and
                    ``(B) an amount that bears the same relationship to 
                80 percent of the total amount reserved as the number 
                of individuals age 5 through 17 from families with 
                incomes below the poverty line in the geographic area 
                served by the agency, as determined by the Secretary on 
                the basis of the most recent satisfactory data, bears 
                to the number of those individuals in the geographic 
                areas served by all the local educational agencies in 
                the State, as so determined.
            ``(2) Hold harmless.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                the State educational agency shall allocate to each of 
                the eligible local educational agencies in the State an 
                amount that is not less than 90 percent of the 
                allocation the eligible local educational agency 
                received for the previous fiscal year under this part.
                    ``(B) Ratable reduction.--If insufficient funds are 
                appropriated to allocate the amounts that all eligible 
                local educational agencies in the State are eligible to 
                receive under subparagraph (A) for a fiscal year, the 
                Secretary shall ratably reduce those amounts for the 
                fiscal year.

``SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT.

    ``(a) In General.--To be eligible to receive a subgrant under this 
subpart, a local educational agency shall--
            ``(1) submit an application to the State educational agency 
        at such time, in such manner, and containing such information 
        as the State educational agency may reasonably require; and
            ``(2) conduct, with the involvement of school staff and 
        other stakeholders, as applicable, an assessment of the needs 
        of the local educational agency in the areas set forth under 
        section 2141(b).
    ``(b) Contents.--Each application submitted under this section 
shall include the following:
            ``(1) A description of the results of the needs assessment 
        conducted under subsection (a)(2).
            ``(2) A description of the performance measures and 
        activities the local educational agency will use to address the 
        needs identified in such assessment.
            ``(3) If applicable, a description of how the local 
        educational agency will improve or implement a rigorous, 
        transparent, and fair evaluation system for teachers and 
        principals consistent with section 2301(b)(4).
            ``(4) The local educational agency's plan for using 
        subgrant funds, and other Federal, State and local funds, to 
        provide for the equitable distribution of teachers within the 
        local educational agency consistent with section 1111(b)(1)(K).

``SEC. 2123. LOCAL USE OF FUNDS.

    ``(a) In General.--A local educational agency that receives a 
subgrant under section 2121 shall use subgrant funds to increase 
student achievement for all students, including English learners and 
students with disabilities, by carrying out 1 or more of the following 
activities:
            ``(1) Developing and carrying out professional development, 
        which may include joint professional development for teachers, 
        principals, and other relevant school staff with early 
        childhood education and care program staff.
            ``(2) Reducing class size for prekindergarten through grade 
        3, by an amount and to a level consistent with what 
        scientifically valid research has found to improve student 
        achievement.
            ``(3) Developing and implementing an induction program or a 
        mentoring program.
            ``(4) Developing and implementing, or improving, a teacher 
        and principal evaluation system that is consistent with section 
        2301(b)(4).
            ``(5) Increasing teacher capacity to evaluate student work 
        and use student achievement data, which may include supporting 
        the involvement of teachers in assessment scoring.
            ``(6) Recruiting, preparing, placing, supporting, 
        developing, rewarding, and retaining high-quality teachers and 
        principals, especially--
                    ``(A) teachers and principals in high-need schools 
                and low-performing schools taking into consideration 
                members of groups underrepresented in the teaching 
                profession and the principalship; and
                    ``(B) teachers in high-need subjects or fields.
            ``(7) Improving within-district equity in the distribution 
        of teachers consistent with the requirements of section 
        1111(b)(1)(K).
            ``(8) Enabling teachers to become certified as teachers in 
        a high-need subject or field.
            ``(9) Creating career ladders, which may include modifying 
        the local educational agency's policies and practices, to 
        provide opportunities for high-quality teachers or 
        paraprofessionals to advance or take on additional roles and 
        responsibilities.
            ``(10) Reforming the local educational agency's system of 
        compensating teachers and principals in order to--
                    ``(A) provide incentives to recruit and retain 
                high-quality principals and teachers in a high-need 
                subject or field, or who teach in or lead a high-need 
                school or low-performing school; and
                    ``(B) reward high-quality teachers and principals 
                for increasing student achievement or taking on 
                additional roles and responsibilities.
    ``(b) Supplement, Not Supplant.--Funds received under this subpart 
shall be used to supplement, and not supplant, non-Federal funds that 
would otherwise be used for activities authorized under this subpart.

              ``Subpart 3--National Leadership Activities

``SEC. 2131. NATIONAL LEADERSHIP ACTIVITIES.

    ``From the funds made available to carry out this part for a fiscal 
year, the Secretary is authorized to set aside not more than 1 percent 
to carry out the following activities related to the purpose of this 
part:
            ``(1) Research and development.
            ``(2) Technical assistance.
            ``(3) Outreach and dissemination activities directly or 
        through grants, contracts, or cooperative agreements.

                      ``Subpart 4--Accountability

``SEC. 2141. ACCOUNTABILITY.

    ``(a) In General.--
            ``(1) State report.--Each State that receives a grant under 
        subpart 1 shall annually submit to the Secretary, in a manner 
        prescribed by the Secretary, and make public, a State Report on 
        program performance and results under such grant. Such State 
        Report shall provide the information required under subsection 
        (b).
            ``(2) Local educational agency report.--Each local 
        educational agency that receives a subgrant under subpart 2 
        shall annually submit to the State, in a manner prescribed by 
        the State, and make public, a Local Educational Agency Report 
        on program performance and results under such subgrant. Such 
        Local Educational Agency Report shall provide the information 
        required under subsection (b).
            ``(3) FERPA compliance.--Each State and local educational 
        agency that submits a report in compliance with this subsection 
        shall collect, report, and disseminate information contained in 
        such report in compliance with section 444 of the General 
        Education Provisions Act (20 U.S.C. 1232g, commonly known as 
        the `Family Educational Rights and Privacy Act of 1974').
            ``(4) Teacher and principal privacy.--No State or local 
        educational agency shall publicly report information in 
        compliance with this subsection in a case in which the results 
        would reveal personally identifiable information about an 
        individual teacher or principal.
    ``(b) Information.--Each State Report and Local Educational Agency 
Report shall contain, as appropriate--
            ``(1) the number of teachers in the State and local 
        educational agency teaching under a provisional license due to 
        not having passed all required State licensure tests for 1, 2, 
        and 3 or more school years; and
            ``(2) data, by teacher preparation program within the 
        State, on the student achievement data of students taught by 
        such program's graduates.

            ``Subpart 5--Principal Recruitment and Training

``SEC. 2151. PRINCIPAL RECRUITMENT AND TRAINING GRANT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Current principal.--The term `current principal' 
        means an individual who, as of the date of the determination of 
        participation in a program under this section, is employed as a 
        principal or has been employed as a principal.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a local educational agency that serves an 
                eligible school or a consortium of such agencies;
                    ``(B) a State educational agency or a consortium of 
                such agencies;
                    ``(C) a State educational agency in partnership 
                with 1 or more local educational agencies that serve an 
                eligible school;
                    ``(D) an entity described in subparagraphs (A), 
                (B), or (C) in partnership with 1 or more nonprofit 
                organizations or institutions of higher education; or
                    ``(E) an institution of higher education or a 
                nonprofit organization, if the institution or nonprofit 
                organization can demonstrate a record of--
                            ``(i) preparing principals who have been 
                        able to improve student achievement 
                        substantially; and
                            ``(ii) placing a significant percentage of 
                        such principals in eligible schools.
            ``(3) Eligible school.--The term `eligible school' means a 
        public school, including a public charter school, that meets 1 
        or more of the following criteria:
                    ``(A) Is a high-need school.
                    ``(B) Is a persistently low-achieving school, as 
                described in section 1116.
                    ``(C) Is an achievement gap school, as described in 
                section 1116.
                    ``(D) In the case of a public school containing 
                middle grades, feeds into a public high school that has 
                less than a 60 percent graduation rate.
                    ``(E) Is a rural school served by a local 
                educational agency that is eligible to receive 
                assistance under part B of title VI.
            ``(4) Middle grade.--The term `middle grade' means any of 
        grades 5 through 8.
            ``(5) School-level student outcomes.--The term `school-
        level student outcomes' means, at the whole school level and 
        for each subgroup of students described in section 
        1111(a)(2)(B)(ix) served by the school--
                    ``(A) student academic achievement and student 
                growth; and
                    ``(B) additional outcomes, including, at the high 
                school level, graduation rates and the percentage of 
                students taking college-level coursework.
    ``(b) Program Authorized.--
            ``(1) Principal recruitment and training grant program.--
        The Secretary shall award grants to eligible entities to enable 
        such entities to recruit, prepare, place, and support 
        principals in eligible schools.
            ``(2) Duration.--
                    ``(A) In general.--
                            ``(i) Not more than 5 year duration.--A 
                        grant awarded under this section shall be not 
                        more than 5 years in duration.
                            ``(ii) Renewal.--The Secretary may--
                                    ``(I) renew a grant awarded under 
                                this section based on performance; and
                                    ``(II) in renewing a grant under 
                                subclause (I), award the grantee 
                                increased funding to scale up or 
                                replicate the grantee's program.
                    ``(B) Performance.--In evaluating performance for 
                purposes of subparagraph (A)(ii)(I)--
                            ``(i) the Secretary's primary consideration 
                        shall be the extent to which the principals 
                        recruited, prepared, placed, or supported by 
                        the grantee have improved school-level student 
                        outcomes in eligible schools; and
                            ``(ii) the Secretary shall also consider 
                        the percentage of program graduates--
                                    ``(I) who become principals in 
                                eligible schools;
                                    ``(II) who remain principals in 
                                eligible schools for multiple years; 
                                and
                                    ``(III) who are highly rated 
                                principals under a teacher and 
                                principal evaluation system described 
                                in section 2301(b)(4), if applicable.
    ``(c) Application and Selection Criteria.--
            ``(1) Application.--An eligible entity that desires a grant 
        under this section shall submit to the Secretary an application 
        at such time, in such manner, and accompanied by such 
        information as the Secretary may require.
            ``(2) Selection criteria.--In awarding grants under this 
        section, the Secretary shall consider--
                    ``(A) the extent to which the entity has the 
                capacity to implement the activities described in 
                subsection (e) that the entity proposes to implement;
                    ``(B) the extent to which the entity has a 
                demonstrated record of effectiveness or an evidenced-
                based plan for preparing principals to improve school-
                level student outcomes in eligible schools;
                    ``(C) the extent to which the entity has a 
                demonstrated record of effectiveness or an evidence-
                based plan for providing principals trained by the 
                entity with the guidance, support, and tools they need 
                to improve school-level student outcomes in eligible 
                schools, including providing principals with resources, 
                such as funding to ensure supports for quality 
                teaching, and decisionmaking authority over areas such 
                as personnel, budget, curriculum, or scheduling; and
                    ``(D) the likelihood of the entity sustaining the 
                project with funds other than funds provided under this 
                section, which other funds may include funds provided 
                under this title other than this section, once the 
                grant is no longer available to the entity.
    ``(d) Awarding Grants.--
            ``(1) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to an eligible entity with a 
        record of preparing or developing principals who--
                    ``(A) have improved school-level student outcomes;
                    ``(B) have become principals in eligible schools;
                    ``(C) remain principals in eligible schools for 
                multiple years; and
                    ``(D) are highly rated principals under a teacher 
                and principal evaluation system described in section 
                2301(b)(4), if applicable.
            ``(2) Grants for rural schools and lowest performing 
        schools.--In awarding grants under this section, the Secretary 
        shall, consistent with the quality of applications--
                    ``(A) award not less than 1 grant to an eligible 
                entity that intends to establish a program that focuses 
                on training or supporting principals and other school 
                leaders for rural schools; and
                    ``(B) award not less than 1 grant to an eligible 
                entity that intends to establish a program to train and 
                support principals and other school leaders to lead 
                reform efforts in persistently low-achieving schools in 
                a State or more than 1 State, as determined under 
                section 1116.
            ``(3) Reform efforts.--An eligible entity that receives a 
        grant under this section to carry out a program described in 
        paragraph (2)(B)--
                    ``(A) during the first year of the grant, shall use 
                grant funds--
                            ``(i) to bring together experts and 
                        stakeholders who are committed to dramatic and 
                        effective reform of persistently low-achieving 
                        schools who can provide input about what the 
                        evidence base shows regarding effective school 
                        leadership in such schools;
                            ``(ii) to collect and develop, in 
                        consultation with experts and stakeholders, a 
                        core body of knowledge regarding effective 
                        school reform leadership in persistently low-
                        achieving schools, which is evidence based; and
                            ``(iii) to develop, drawing on the core 
                        body of knowledge developed in clause (ii), a 
                        leadership training program for principals, 
                        mentors, and other school leaders, to prepare 
                        and support the principals, mentors, and 
                        leaders to lead effective school reform efforts 
                        in persistently low-achieving schools; and
                    ``(B) during each year of the grant after the first 
                year, shall use grant funds--
                            ``(i) to carry out the leadership training 
                        program described in subparagraph (A)(iii);
                            ``(ii) to ensure that the leadership 
                        training program described in subparagraph 
                        (A)(iii) is informed, on an ongoing basis, by 
                        consultation with experts and stakeholders, and 
                        by the program's tracking of the performance of 
                        its graduates in leading school reform efforts 
                        in persistently low-achieving schools;
                            ``(iii) to select cohorts of experienced 
                        principals to lead school reform efforts in 
                        persistently low-achieving schools;
                            ``(iv) to provide support for, and 
                        encourage interaction among, cohorts of 
                        principals after completion of the leadership 
                        training program described in subparagraph 
                        (A)(iii); and
                            ``(v) to disseminate information to 
                        principals, mentors, and other school leaders 
                        engaging in reform efforts in persistently low-
                        achieving schools.
    ``(e) Activities.--Each eligible entity that receives a grant under 
this section shall use grant funds to carry out the following:
            ``(1) To recruit and select, using rigorous, competency-
        based, selection criteria, and train and support a diverse 
        group of aspiring or current principals, or both, for work in 
        eligible schools.
            ``(2) Tracking participants to determine if such 
        individuals are attaining, or have attained, the competencies 
        needed to complete the training and enter into an effective 
        leadership role, and provide counseling and, if appropriate, 
        separation, to participants who the entity determines will not 
        attain, or have not attained, those competencies.
            ``(3) If the eligible entity provides a program for 
        aspiring principals, providing such aspiring principals with--
                    ``(A) a pre-service residency that is not less than 
                1 year in length, and that includes coaching from a 
                mentor principal, and instructional leadership and 
                organizational management experience;
                    ``(B) focused coursework on instructional 
                leadership, organizational management, and the use of a 
                variety of data for purposes of--
                            ``(i) instruction;
                            ``(ii) evaluation and development of 
                        teachers; and
                            ``(iii) development of highly effective 
                        school organizations; and
                    ``(C) ongoing support, mentoring, and professional 
                development for not less than 2 years after the 
                aspiring principals complete the residency and commence 
                work as school leaders.
            ``(4) To train mentors for principals who are serving or 
        who wish to serve in eligible schools or for aspiring 
        principals who wish to serve in such eligible schools, or for 
        both.
            ``(5) Providing differentiated training to participants in 
        competencies that evidence shows are critical to improving 
        school-level student outcomes in eligible schools, such as--
                    ``(A) recruiting, training, supervising, 
                supporting, and evaluating teachers and other staff;
                    ``(B) developing teams of effective school staff, 
                and distributing among members of such teams 
                responsibilities for leading and improving their 
                schools;
                    ``(C) where applicable for participants serving 
                elementary schools, offering high-quality early 
                childhood education to the students such participants 
                are serving and facilitating the transition of children 
                from early learning settings to elementary school;
                    ``(D) setting high expectations for student 
                achievement;
                    ``(E) addressing the unique needs of specific 
                student populations served, such as students with 
                disabilities, students who are English learners, and 
                students who are homeless or in foster care;
                    ``(F) managing budget resources and school time to 
                support high-quality instruction and improvements in 
                student achievement, such as by extending the school 
                day and year and providing common planning time to 
                teachers and staff; and
                    ``(G) working effectively with students' parents 
                and other members of the community.
            ``(6) Delivering high-quality, differentiated, school-level 
        support services and training to current principals of eligible 
        schools, if the eligible entity provides a program for current 
        principals, or during the period described in paragraph (3)(C) 
        to individuals who have completed the aspiring principal 
        residency, if the eligible entity provides a program for 
        aspiring principals, to help meet the specific needs of the 
        eligible schools they serve, which may include--
                    ``(A) training and support for the design of 
                school-wide improvement plans based on the diagnosis of 
                school conditions and needs informed by data and 
                analysis of classroom and school practices; and
                    ``(B) support in organizing and training the teams 
                described in paragraph (5)(B).
            ``(7) Making available any training materials funded under 
        the grant, such as syllabi, assignments, or selection rubrics, 
        to the Department for public dissemination.
            ``(8) Tracking the effectiveness of the program based on, 
        at a minimum--
                    ``(A) school-level student outcomes at the schools 
                where program graduates have served as principals;
                    ``(B) the percentage of program graduates who 
                become principals in eligible schools;
                    ``(C) the percentage of program graduates who 
                remain principals in eligible schools for multiple 
                years; and
                    ``(D) the percentage of program graduates who are 
                highly rated under a teacher and principal evaluation 
                system described in section 2301(b)(4), if applicable.
            ``(9) Using the data on the effectiveness of the program 
        for, among other purposes, the continuous improvement of the 
        program.
    ``(f) Annual Report.--An eligible entity that receives a grant 
under this section shall submit an annual report, beginning in the 
third year of the grant, to the Secretary regarding--
            ``(1) school-level student outcomes resulting from 
        implementation of the grant activities; and
            ``(2) data on--
                    ``(A) the percentage of program graduates who 
                become principals in eligible schools;
                    ``(B) the percentage of graduates who remain 
                principals in eligible schools for multiple years; and
                    ``(C) the percentage of program graduates who are 
                highly rated under a teacher and principal evaluation 
                system described in section 2301(b)(4), if applicable.
    ``(g) Matching Requirement.--
            ``(1) Matching requirement.--
                    ``(A) In general.--An eligible entity that receives 
                a grant under this section shall contribute annually to 
                the activities assisted under such grant matching funds 
                in an amount equal to not less than 20 percent of the 
                amount of the grant from non-Federal sources.
                    ``(B) Matching funds.--The matching funds 
                requirement under subparagraph (A) may be met by--
                            ``(i) contributions that are in cash or in-
                        kind, fairly evaluated; and
                            ``(ii) payments of a salary or stipend to 
                        an aspiring principal during the aspiring 
                        principal's residency year.
            ``(2) Waiver.--The Secretary may waive or reduce the 
        matching requirement under paragraph (1) if the eligible entity 
        demonstrates a need for such waiver or reduction due to 
        financial hardship.
    ``(h) Supplement, Not Supplant.--Grant funds provided under this 
section shall be used to supplement, and not supplant, any other 
Federal, State, or local funds otherwise available to carry out the 
activities described in this section.
    ``(i) Evaluation and Dissemination of Best Practices.--In 
accordance with section 9601, the Secretary shall--
            ``(1) carry out an evaluation of programs funded under this 
        section; and
            ``(2) identify and disseminate research and best practices 
        related to such programs.
    ``(j) Report to Congress.--Not later than 5 years after the date of 
enactment of the Elementary and Secondary Education Reauthorization Act 
of 2011, the Secretary shall submit a report to the Committee on 
Health, Education, Labor, and Pensions of the Senate, the Committee on 
Appropriations of the Senate, the Committee on Education and the 
Workforce of the House of Representatives, and the Committee on 
Appropriations of the House of Representatives on lessons learned 
through programs funded with grants awarded under this section.

              ``PART B--TEACHER PATHWAYS TO THE CLASSROOM

``SEC. 2201. TEACHER PATHWAYS.

    ``(a) Purpose.--It is the purpose of this section to support the 
recruitment, selection, preparation, placement, retention, and support 
of teachers in high-need subjects or fields who will improve student 
academic achievement and student outcomes at high-needs schools.
    ``(b) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a partnership of--
                            ``(i) 1 or more institutions of higher 
                        education or nonprofit organizations; and
                            ``(ii) a high-need local educational agency 
                        and 1 or more other local educational agencies 
                        or State educational agencies; or
                    ``(B) an institution of higher education or a 
                nonprofit organization that can demonstrate a record 
                of--
                            ``(i) preparing teachers who are successful 
                        in improving student achievement; and
                            ``(ii) placing a significant percentage of 
                        those teachers in high-need schools.
            ``(2) Teacher in a high-need subject or field.--The term 
        `teacher in a high-need subject or field' means a teacher of--
                    ``(A) students with disabilities;
                    ``(B) English learners;
                    ``(C) mathematics; or
                    ``(D) science.
    ``(c) Authorization of Grant Awards.--The Secretary shall award 
grants to eligible entities to pay for the Federal share of the cost of 
carrying out the activities described in this section.
    ``(d) Applications.--An eligible entity that desires to receive a 
grant under this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such information as 
the Secretary may require.
    ``(e) Considerations.--In awarding grants under this section, the 
Secretary shall consider the geographic diversity of the eligible 
entities, including the distribution of grants among urban, suburban, 
and rural areas.
    ``(f) Priority.--In awarding grants under this section, the 
Secretary shall give priority to applicants that demonstrate a record 
of--
            ``(1) recruiting college undergraduates, recent college 
        graduates, graduate students, and professionals with a 
        demonstrated history of significant academic achievement to 
        become teachers;
            ``(2) recruiting and selecting candidates who are members 
        of groups underrepresented in the teaching profession; and
            ``(3) preparing teachers who consistently improve student 
        academic achievement at high-need schools.
    ``(g) Required Use of Funds.--An eligible entity that receives a 
grant under this section shall use the grant funds for the following:
            ``(1) To recruit, select, prepare, place, retain, and 
        support teachers for high-need schools and teachers in high-
        need subjects or fields.
            ``(2) To prepare all teachers to teach students with 
        disabilities and English language learners.
            ``(3) To prepare teachers in classroom management, 
        instructional planning and delivery, learning theory and 
        cognitive development, literacy development, and student 
        assessment.
            ``(4) To provide school-based, clinical experience at a 
        high-need school that includes observation of and feedback on 
        teacher candidates' teaching.
            ``(5) To provide ongoing mentoring and support, which may 
        include coursework, for participants for at least 1 school 
        year.
    ``(h) Permissible Use of Grant Funds.--An eligible entity that 
receives a grant under this section may use the grant funds to provide 
financial stipends for teacher candidates who are not the teacher of 
record.
    ``(i) Performance and Grant Renewal.--
            ``(1) Tracking performance.--An eligible entity that 
        receives a grant under this section shall--
                    ``(A) track the placement rate, retention rate, and 
                performance in improving student academic achievement 
                of teachers recruited and prepared by programs funded 
                by the grant; and
                    ``(B) submit data on such performance to the 
                Secretary.
            ``(2) Conditions for grant renewal.--The Secretary shall 
        evaluate the information submitted under paragraph (1) and 
        renew a grant awarded under this section only if the data 
        indicate the teachers are successful in improving student 
        academic achievement.
    ``(j) Fiscal Agent.--The fiscal agent for an eligible entity that 
receives a grant under this section may be a local educational agency, 
State educational agency, institution of higher education, or nonprofit 
organization that is a partner in the eligible entity.
    ``(k) Matching Requirements.--
            ``(1) Federal share.--Except as provided in paragraph 
        (2)(B), the Federal share for this section shall be a 
        percentage of the cost of the activities assisted under the 
        grant as determined by the Secretary.
            ``(2) Non-federal share.--
                    ``(A) In general.--The non-Federal share provided 
                by an eligible entity receiving a grant under this 
                section shall be a percentage of the cost of the 
                activities assisted under the grant as determined by 
                the Secretary. The non-Federal share may include in-
                kind contributions.
                    ``(B) Special rule.--The Secretary may waive or 
                reduce the amount of the non-Federal share described in 
                subparagraph (A) for any fiscal year if the eligible 
                entity demonstrates to the Secretary that the funds 
                needed to carry out that subparagraph are unavailable 
                due to economic hardship, as determined by the 
                Secretary.
    ``(l) Evaluation.--The Director of the Institute of Education 
Sciences shall--
            ``(1) evaluate the implementation and impact of the program 
        under this section;
            ``(2) identify best practices for recruiting, selecting, 
        preparing, placing, retaining, and supporting teachers in high-
        need subjects or fields for high-need schools; and
            ``(3) disseminate research on best practices.

                ``PART C--TEACHER INCENTIVE FUND PROGRAM

``SEC. 2301. PURPOSES; DEFINITIONS.

    ``(a) Purposes.--The purposes of this part are to assist States, 
local educational agencies, and nonprofit organizations to develop, 
implement, improve, or expand--
            ``(1) comprehensive performance-based compensation systems 
        for teachers, principals, and schools that raise student 
        academic achievement and close the achievement gap, especially 
        for teachers and principals in high-need schools; and
            ``(2) rigorous, transparent, and fair teacher and principal 
        evaluation systems.
    ``(b) Definitions.--Except as otherwise provided, in this part:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a local educational agency or a consortium of 
                local educational agencies, including a charter school 
                that is a local educational agency;
                    ``(B) a State educational agency, or other State 
                agency designated by the chief executive of a State to 
                participate under this subpart; or
                    ``(C) a nonprofit or for-profit organization, which 
                may include an institution of higher education, in 
                partnership with an entity described in subparagraph 
                (A) or (B).
            ``(2) Performance-based compensation system.--The term 
        `performance-based compensation system' means a system of 
        compensation for teachers and principals that--
                    ``(A) differentiates levels of compensation 
                primarily on the basis of measurable increases in 
                student academic achievement; and
                    ``(B) may include--
                            ``(i) differentiated levels of compensation 
                        on the basis of effective teachers' and 
                        principals' employment and success in hard-to-
                        staff schools or high-need subject areas; and
                            ``(ii) recognition of the skills and 
                        knowledge of teachers and principals, as 
                        demonstrated through--
                                    ``(I) successful fulfillment of 
                                additional responsibilities or job 
                                functions; and
                                    ``(II) evidence of high achievement 
                                and mastery of content knowledge and 
                                superior teaching skills.
            ``(3) Student academic achievement.--In this subsection, 
        the term `student academic achievement' means--
                    ``(A) for grades and subjects for which there are 
                assessments, as described in section 1111(a)(2), a 
                student's results from the State's assessments under 
                such section or other statewide assessments; and
                    ``(B) other measures of a student's learning and 
                performance, such as end-of-course tests, and other 
                measures that are rigorous and comparable across 
                schools in a school district and that are aligned with 
                the State academic content standards and student 
                academic achievement standards under section 
                1111(a)(1).
            ``(4) Teacher and principal evaluation system.--The term 
        `teacher and principal evaluation system' means a system for 
        evaluating the performance of teachers and principals that--
                    ``(A) provides meaningful feedback to teachers and 
                principals on the results of their evaluation;
                    ``(B) establishes multiple categories of teacher 
                and principal performance;
                    ``(C) evaluates teachers and principals regularly 
                consistent with research and best practice, including 
                multiple measures;
                    ``(D) is used to inform decisions about 
                professional development;
                    ``(E) is developed and implemented with teacher and 
                principal involvement;
                    ``(F) is regularly reviewed to ensure that the 
                evaluation provides meaningful differentiation and is 
                aligned with student academic achievement results;
                    ``(G) provides training for the evaluators who are 
                responsible for conducting classroom observations;
                    ``(H) for teachers--
                            ``(i) shall be based in significant part on 
                        evidence of improved student academic 
                        achievement;
                            ``(ii) shall include observations of 
                        classroom teaching; and
                            ``(iii) may include other measures of 
                        student academic achievement and teacher 
                        performance; and
                    ``(I) for principals--
                            ``(i) shall be based in significant part on 
                        evidence of improved student academic 
                        achievement and student outcomes;
                            ``(ii) shall be based on evidence of 
                        providing strong instructional leadership and 
                        support to teachers and other staff; and
                            ``(iii) may include other measures of 
                        principal performance such as parent and family 
                        engagement.

``SEC. 2302. TEACHER INCENTIVE FUND GRANTS.

    ``(a) In General.--From the amounts appropriated to carry out this 
part, the Secretary is authorized to award grants, on a competitive 
basis, to eligible entities to enable the eligible entities to develop, 
implement, improve, or expand performance-based compensation systems 
and teacher and principal evaluation systems in a school served by a 
project under this part.
    ``(b) Priority.--In awarding a grant under this part, the Secretary 
shall give priority to an eligible entity that concentrates the 
proposed activities with respect to teachers and principals serving in 
high-need schools.
    ``(c) Applications.--To be eligible to receive a grant under this 
part, an eligible entity shall submit an application to the Secretary, 
at such time and in such manner as the Secretary may reasonably 
require. The application shall include, as applicable--
            ``(1) a description of the performance-based compensation 
        system and teacher and principal evaluation system that the 
        eligible entity proposes to develop, implement, improve, or 
        expand;
            ``(2) a description and evidence of the support and 
        commitment, from teachers and principals in the school to be 
        served by the project, the community, including community-based 
        organizations, and the local educational agencies, for the 
        performance-based compensation system and teacher and principal 
        evaluation system, including a demonstration of consultation 
        with teachers and principals in the design and development of 
        the proposal;
            ``(3) a description of how the eligible entity will develop 
        and implement a fair, rigorous, and objective process to 
        evaluate teacher, principal, and student performance under the 
        project, including the baseline performance against which 
        evaluations of improved performance will be made;
            ``(4) a description of the local educational agency or 
        school to be served by the project, including such student 
        academic achievement, demographic, and socioeconomic 
        information as the Secretary may request;
            ``(5) a description of the quality of teachers and 
        principals in the local educational agency and the schools to 
        be served by the project and how the project will increase the 
        quality of teachers and principals in a high-need school;
            ``(6) a description of how the eligible entity will use 
        grant funds under this part in each year of the grant;
            ``(7) a description of how the eligible entity will 
        continue funding and carrying out the performance-based 
        compensation system and teacher and principal evaluation system 
        after the grant period ends;
            ``(8) a description of the State, local, or other public or 
        private funds that will be used to supplement the grant and 
        sustain the activities assisted under the grant at the end of 
        the grant period; and
            ``(9) a description of the rationale and evidence for the 
        proposed activities and of any prior experience of the eligible 
        entity in developing and implementing such activities.
    ``(d) Use of Funds.--
            ``(1) In general.--An eligible entity that receives a grant 
        under this part shall use grant funds to carry out, in 
        collaboration with teachers, principals, other school 
        administrators, and members of the public, activities 
        authorized under paragraph (2) that are designed to develop, 
        implement, improve, or expand, consistent with this part--
                    ``(A) a performance-based compensation system; and
                    ``(B) a teacher and principal evaluation system.
            ``(2) Authorized activities.--An eligible entity receiving 
        a grant under this part shall use grant funds for the following 
        activities:
                    ``(A) Developing or improving teacher and principal 
                evaluation systems that reflect clear and fair measures 
                of teacher and principal performance.
                    ``(B) Paying, as part of a comprehensive 
                performance-based compensation system, bonuses, and 
                increased salaries, if the eligible entity uses an 
                increasing share of non-Federal funds to pay the 
                bonuses and increased salaries each year of the grant, 
                to teachers and principals who--
                            ``(i) have demonstrated effectiveness in 
                        raising student academic achievement;
                            ``(ii) work in high-need schools; or
                            ``(iii) work in a high-need subject, field, 
                        or geographic area.
                    ``(C) Conducting outreach within a local 
                educational agency or a State to gain input on how to 
                construct the teacher and principal evaluation system 
                and to develop support for such system.
    ``(e) Duration of Grants.--
            ``(1) In general.--The Secretary may award a grant under 
        this part for a period of not more than 5 years.
            ``(2) Limitation.--A local educational agency may receive 
        (whether individually or as part of a consortium or 
        partnership) a grant under this part only once.
    ``(f) Equitable Distribution.--To the extent practicable, the 
Secretary shall ensure an equitable geographic distribution of grants 
under this part, including the distribution between rural and urban 
areas.
    ``(g) Matching Requirement.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each eligible entity that receives a grant under this part 
        shall provide, over the course of the grant period, an 
        increasing share of matching funds (which may be provided in 
        cash or in kind) to carry out activities supported by the 
        grant.
            ``(2) Waiver.--The Secretary may waive the matching 
        requirement under paragraph (1) for an eligible entity--
                    ``(A) that consists of a high-need local 
                educational agency; or
                    ``(B) that is located in a rural area.
    ``(h) Supplement, Not Supplant.--Grant funds provided under this 
part shall be used to supplement, not supplant, other Federal, State, 
or local funds available to carry out the activities described in this 
part.

        ``PART D--ACHIEVEMENT THROUGH TECHNOLOGY AND INNOVATION

``SEC. 2401. SHORT TITLE.

    ``This part may be cited as the `Achievement Through Technology and 
Innovation Act of 2011' or the `ATTAIN Act'.

``SEC. 2402. PURPOSES AND GOALS.

    ``The purposes and goals of this part are--
            ``(1) to ensure that through effective and innovative uses 
        of technology that every student has access to personalized, 
        rigorous, and relevant learning to meet the goals of this Act 
        to raise student achievement, close the achievement gap, and 
        ensure highly effective teaching, and to prepare all students 
        to be technology literate and on track to college and career 
        readiness for the 21st century digital economy;
            ``(2) to evaluate, build upon, and increase the use of 
        evidence-based and innovative systemic education 
        transformations that center on the use of technology that leads 
        to school improvement, improved productivity, and increased 
        student achievement;
            ``(3) to ensure that all educators are connected in an 
        ongoing manner to technology-based and online resources and 
        supports, including through enhanced ongoing, meaningful 
        professional development to ensure that--
                    ``(A) all educators are technology literate and 
                effectively use technology to improve instruction; and
                    ``(B) education administrators possess the capacity 
                to--
                            ``(i) provide leadership in the use of 
                        technology for systemic education 
                        transformation; and
                            ``(ii) improve educational productivity;
            ``(4) to improve student engagement, opportunity, 
        attendance, graduation rates, and technology access through 
        enhanced or redesigned curriculum or instruction;
            ``(5) to more effectively collect and use student 
        performance and other data in a timely manner to inform 
        instruction, address individualized student needs, support 
        school decisionmaking, and support school improvement and 
        increased student achievement, including through delivery of 
        computer-based and online assessments;
            ``(6) to enhance the use of technology, online and blended 
        learning for systemic education transformation, including 
        curricula redesign and new instructional strategies to 
        personalize learning; and
            ``(7) to increase education productivity and reduce costs 
        through the use of technology, blended learning and online 
        learning, including for the delivery of online assessments.

``SEC. 2403. DEFINITIONS.

    ``In this part:
            ``(1) Blended learning.--The term `blended learning' means 
        the combination of online learning and traditional in-person 
        classroom instruction, or technology-based learning, in a 
        supervised classroom setting.
            ``(2) Educational productivity.--The term `educational 
        productivity' means student educational opportunities and 
        outcomes or relative costs and expenditures of education.
            ``(3) Local educational agency.--The term `local 
        educational agency' includes a consortium of local educational 
        agencies.
            ``(4) Student technology literacy.--The term `student 
        technology literacy' means student knowledge and skills in 
        using contemporary information, communication, and learning 
        technologies in a manner necessary for successful employment, 
        life-long learning, and citizenship in the knowledge-based, 
        digital, and global 21st century, as further defined by the 
        State educational agency, which includes, at a minimum, the 
        ability--
                    ``(A) to effectively communicate and collaborate;
                    ``(B) to analyze and solve problems;
                    ``(C) to access, evaluate, manage, and create 
                information and otherwise gain information literacy;
                    ``(D) to demonstrate creative thinking, construct 
                knowledge, and develop innovative products and 
                processes; and
                    ``(E) to do so in a safe and ethical manner.
            ``(5) Systemic education transformation.--The term 
        `systemic education transformation' means the redesign of 
        educational policies, practices, and resources through 
        technology and blended learning to improve student engagement 
        and educational opportunities, personalize learning, and 
        improve educational productivity, including the redesign of 
        curriculum, instruction, data systems, assessment, teacher 
        evaluation, and the use of instructional time and location.

``SEC. 2404. ALLOCATION OF FUNDS; LIMITATION; TRIGGER.

    ``(a) Allocation of Funds Between State and Local Initiatives.--The 
funds made available to carry out this part shall be available to carry 
out subparts 1 and 2, as described in subsection (c).
    ``(b) Limitation.--
            ``(1) Local administrative costs.--Of the funds made 
        available to a local educational agency under this part for a 
        fiscal year, not more than 3 percent may be used by the local 
        educational agency for administrative costs.
            ``(2) State administrative costs.--Of the funds made 
        available to a State educational agency under section 
        2412(a)(1)(A), not more than 60 percent may be used by the 
        State educational agency for administrative costs.
    ``(c) Trigger.--For fiscal years--
            ``(1) for which the amount appropriated to carry out this 
        part is less than $300,000,000, all funds available to carry 
        out this part shall be available to carry out subpart 2; and
            ``(2) for which the amount appropriated to carry out this 
        part equals or is more than $300,000,000, all funds available 
        to carry out this part shall be available to carry out subpart 
        1.

                  ``Subpart 1--State and Local Grants

``SEC. 2411. ALLOTMENT AND REALLOTMENT.

    ``(a) Reservations and Allotment.--From the amount made available 
to carry out this subpart under section 2404(c)(2) for a fiscal year--
            ``(1) the Secretary shall reserve--
                    ``(A) three-quarters of 1 percent for the Secretary 
                of the Interior for programs under this subpart for 
                schools operated or funded by the Bureau of Indian 
                Education; and
                    ``(B) one-half of 1 percent to provide assistance 
                under this subpart to the outlying areas; and
            ``(2) subject to subsection (b), the Secretary shall use 
        the remainder to award grants by allotting to each State 
        educational agency an amount that bears the same relationship 
        to such remainder for such year as the amount received under 
        part A of title I for such year by such State educational 
        agency bears to the amount received under such part for such 
        year by all State educational agencies.
    ``(b) Minimum Allotment.--The amount of any State educational 
agency's allotment under subsection (a)(2) for any fiscal year shall 
not be less than one-half of 1 percent of the amount made available for 
allotments to State educational agencies under this subpart for such 
year.
    ``(c) Reallotment of Unused Funds.--The Secretary shall reallot any 
unused amount of a State educational agency's allotment to the 
remaining State educational agencies that use their entire allotments 
under this subpart in accordance with this section.

``SEC. 2412. USE OF ALLOTMENT BY STATE.

    ``(a) In General.--
            ``(1) In general.--Of the amount provided to a State 
        educational agency under section 2411(a)(2) for a fiscal year--
                    ``(A) the State educational agency may use not more 
                than 5 percent of such amount or $100,000, whichever 
                amount is greater, to carry out activities under 
                section 2414; and
                    ``(B) the State educational agency shall distribute 
                the remainder in accordance with paragraphs (2) and 
                (3).
            ``(2) Distribution of remainder.--The State educational 
        agency shall--
                    ``(A)(i) use 60 percent of the remainder to award 
                Improving Teaching and Learning through Technology 
                subgrants to local educational agencies having 
                applications approved under section 2415(c) for the 
                activities described in section 2416(b); and
                    ``(ii) allot to each such local educational agency 
                an amount that bears the same relationship to 60 
                percent of the remainder for such year as the amount 
                received under part A of title I for such year by such 
                local educational agency bears to the amount received 
                under such part for such year by all local educational 
                agencies within the State, subject to subsection 
                (b)(2); and
                    ``(B) use 40 percent of the remainder to award 
                Systemic Education Transformation through Technology 
                Integration subgrants, through a State-determined 
                competitive process, to local educational agencies 
                having applications approved under section 2415(b) for 
                the activities described in section 2416(a).
            ``(3) Option in years with insufficient amounts 
        appropriated.--If the amount provided to a State educational 
        agency under section 2411(a)(2) for a fiscal year is not large 
        enough to provide every local educational agency with a minimum 
        subgrant under subsection (b)(2), the State educational agency 
        may distribute 100 percent of the remainder described in 
        paragraph (1)(B) as either formula grants under paragraph 
        (2)(A) or competitive grants under paragraph (2)(B).
    ``(b) Sufficient Amounts.--
            ``(1) Special rule.--In awarding subgrants under subsection 
        (a)(2)(B), the State educational agency shall--
                    ``(A) ensure the subgrants are of sufficient size 
                and scope to be effective, consistent with the purposes 
                of this part;
                    ``(B) ensure subgrants are of sufficient duration 
                to be effective, consistent with the purposes of this 
                part, including by awarding subgrants for a period of 
                not less than 2 years that may be renewed for not more 
                than an additional 1 year;
                    ``(C) give preference in the awarding of subgrants, 
                and the providing of all technical assistance, to local 
                educational agencies that serve schools in need of 
                improvement, as identified under section 1116, 
                including those schools with high populations of--
                            ``(i) English learners;
                            ``(ii) students with disabilities; or
                            ``(iii) other subgroups of students who 
                        have not met the State's student academic 
                        achievement standards; and
                    ``(D) ensure an equitable distribution among urban 
                and rural areas of the State, according to the 
                demonstrated need for assistance under this subpart of 
                the local educational agencies serving the areas.
            ``(2) Minimum formula-based subgrant.--The amount of any 
        local educational agency's subgrant under subsection (a)(2)(A) 
        for any fiscal year shall be not less than $3,000.
    ``(c) Reallotment of Unused Funds.--If any local educational agency 
does not apply for a subgrant under subsection (a) for a fiscal year, 
or does not use the local educational agency's entire allotment under 
this subpart for such fiscal year, the State shall reallot any unused 
funds to the remaining local educational agencies.

``SEC. 2413. STATE APPLICATIONS.

    ``(a) In General.--To be eligible to receive a grant under this 
subpart, a State educational agency shall submit to the Secretary, at 
such time and in such manner as the Secretary may specify, an 
application containing the contents described in subsection (b) and 
such other information as the Secretary may reasonably require.
    ``(b) Contents.--Each State educational agency application 
submitted under subsection (a) shall include each of the following:
            ``(1) A description of how the State educational agency 
        will support local educational agencies that receive subgrants 
        under this subpart in meeting the purposes and goals of this 
        part and the requirements of this subpart, including through 
        technical assistance in using technology to redesign curriculum 
        and instruction, improve educational productivity, and deliver 
        computer-based and online assessment.
            ``(2) A description of the State educational agency's long-
        term goals and strategies for improving student academic 
        achievement, including student technology literacy, through the 
        effective use of technology.
            ``(3) A description of the priority area upon which the 
        State educational agency will focus its assistance under this 
        subpart, which shall be identified from among the core academic 
        subjects, grade levels, and student subgroup populations with 
        the largest achievement gaps in the State.
            ``(4) A description of how the State educational agency 
        will support local educational agencies to implement, 
        professional development programs pursuant to section 
        2416(b)(1)(A).
            ``(5) A description of how the State educational agency 
        will ensure that teachers, paraprofessionals, school 
        librarians, and administrators possess the knowledge and skills 
        to use technology--
                    ``(A) for curriculum redesign to change teaching 
                and learning and improve student achievement;
                    ``(B) for assessment, data analysis, and to 
                personalize learning;
                    ``(C) to improve student technology literacy; and
                    ``(D) for their own ongoing professional 
                development and for access to teaching resources and 
                tools.
            ``(6) A description of the process, activities, and 
        performance measures that the State educational agency will use 
        to evaluate the impact and effectiveness of activities 
        described in section 2414.
            ``(7) Identification of the State college and career ready 
        academic content standards and college and career ready student 
        academic achievement standards that the State educational 
        agency will use to ensure that each student is technologically 
        literate consistent with the definition of student technology 
        literacy, and a description of how the State educational agency 
        will assess student performance in gaining technology literacy, 
        only for the purpose of tracking progress towards achieving the 
        8th grade technology literacy goal and not for meeting adequate 
        yearly progress goals, including through embedding such 
        assessment items in other State tests or performance-based 
        assessments portfolios, or through other valid and reliable 
        means. Nothing in this subpart shall be construed to require 
        States to develop a separate test to assess student technology 
        literacy.
            ``(8) An assurance that financial assistance provided under 
        this subpart will supplement, and not supplant, State and local 
        funds.
            ``(9) A description of how the State educational agency 
        consulted with local educational agencies in the development of 
        the State application.

``SEC. 2414. STATE ACTIVITIES.

    ``(a) Mandatory Activities.--From funds made available under 
section 2412(a)(1)(A), a State educational agency shall carry out each 
of the following activities:
            ``(1) Identify the State college and career ready academic 
        content standards and college and career ready student academic 
        achievement standards that the State educational agency will 
        use to ensure that each student is technologically literate 
        consistent with the definition of student technology literacy.
            ``(2) Assess student performance in gaining technology 
        literacy consistent with paragraph (1), including through 
        embedding such assessment items in other State tests, 
        performance-based assessments, or portfolios, or through other 
        means, except that such assessments shall be used only to track 
        student technology literacy and shall not be used to determine 
        adequate yearly progress, and widely disseminate such results.
            ``(3) Provide guidance, technical assistance, and other 
        assistance, including in the priority area identified by the 
        State pursuant to section 2413(b)(3), in using technology to 
        improve teaching and redesign curriculum and instruction, 
        improve educational productivity, and deliver computer-based 
        and online assessment, and in submitting applications for 
        funding under this part to high-need local educational 
        agencies--
                    ``(A) with the highest percentage or number of--
                            ``(i) students not achieving at the State 
                        proficiency level; and
                            ``(ii) student populations described in 
                        section 2412(b)(1)(C); and
                    ``(B) serving schools identified as in need of 
                improvement under section 1116.
    ``(b) Permissive Activities.--From funds made available under 
section 2412(a)(1)(A), a State educational agency may carry out 1 or 
more of the following activities that assist local educational 
agencies:
            ``(1) State leadership activities and technical assistance 
        that support achieving the purposes and goals of this part.
            ``(2) Developing or utilizing research-based or innovative 
        strategies for the delivery of specialized or rigorous academic 
        courses and curricula through the use of technology, including 
        distance learning technologies.
            ``(3) Providing, or supporting local educational agencies 
        in providing, sustained and intensive, high-quality 
        professional development pursuant to section 2416(b)(1)(A).
            ``(4) Assessing student performance in gaining technology 
        literacy consistent with subsection (a)(2), including through 
        embedding such assessment items in other State tests, 
        performance-based assessments, or portfolios, or through other 
        means.

``SEC. 2415. LOCAL APPLICATIONS.

    ``(a) In General.--Each local educational agency desiring a 
subgrant under this subpart shall submit to the State educational 
agency an application containing a new or updated local long-range 
strategic educational technology plan, and such other information as 
the State educational agency may reasonably require that shall include 
each of the following:
            ``(1) A description of how the local educational agency 
        will align and coordinate the local educational agency's use of 
        funds under this subpart with--
                    ``(A) the local educational agency's efforts to 
                boost student achievement and close achievement gaps;
                    ``(B) the local educational agency's technology 
                plan;
                    ``(C) the local educational agency's plans and 
                activities for improving student achievement, including 
                plans and activities under sections 1111, 1112, 1116, 
                and 2123, as applicable; and
                    ``(D) funds available from other Federal, State, 
                and local sources.
            ``(2) An assurance that financial assistance provided under 
        this subpart will supplement, and not supplant, other funds 
        available to carry out activities assisted under this subpart.
            ``(3) A description of the process used to assess and, as 
        needed, update technologies throughout the local educational 
        agency.
            ``(4) Such other information as the State educational 
        agency may reasonably require.
    ``(b) Competitive Grants; Systemic Education Transformation Through 
Technology Integration.--In addition to the information described in 
subsection (a), a local educational agency submitting an application 
for a Systemic Education Transformation Through Technology Integration 
subgrant shall submit to the State educational agency an application 
containing each of the following:
            ``(1) A description of how the local educational agency 
        will use the subgrant funds to implement systemic education 
        transformation, which is a comprehensive set of programs, 
        practices, and technologies to improve student achievement and 
        close achievement gaps that--
                    ``(A) collectively lead to school or school 
                district change and improvement, including in the use 
                of technology; and
                    ``(B) incorporate all of the following elements:
                            ``(i) Reform or redesign of curriculum, 
                        instruction, assessment, use of data, or other 
                        practices through the use of technology in 
                        order to increase student learning opportunity, 
                        and engagement in learning.
                            ``(ii) Improvement of educator quality, 
                        knowledge and skills, and effectiveness through 
                        ongoing, sustainable, timely, and contextual 
                        professional development described in section 
                        2416(b)(1)(A).
                            ``(iii) Ongoing use of formative and other 
                        assessments and other timely data sources and 
                        data systems to more effectively identify 
                        individual student learning needs and 
                        personalize learning.
                            ``(iv) Engagement of school district 
                        leaders, school leaders, and classroom 
                        educators.
                            ``(v) Programs, practices, and technologies 
                        that are based on scientific research.
            ``(2) An assurance that the local educational agency will 
        use not less than 25 percent of the subgrant funds to implement 
        a program of professional development described in section 
        2416(b)(1)(A).
            ``(3) A description of how the local educational agency 
        will evaluate the impact of 1 or more programs or activities 
        carried out under this subpart.
    ``(c) Formula Grants; Improving Teaching and Learning Through 
Technology.--In addition to the information described in subsection 
(a), a local educational agency submitting an application for an 
Improving Teaching and Learning Through Technology subgrant shall 
submit to the State educational agency an application containing each 
of the following:
            ``(1) An assurance that the local educational agency will 
        use not less than 40 percent of the subgrant funds for ensuring 
        educators, including teachers and administrators, are 
        technology literate, prepared to use technology to improve the 
        curriculum and instruction, and are connected online to 
        supports and resources, including for--
                    ``(A) professional development described in section 
                2416(b)(1)(A); and
                    ``(B) to provide educators with ongoing access to 
                technology tools, applications, supports and other 
                resources, including those related specifically to such 
                professional development activities.
            ``(2) A description of the local educational agency's 
        program of professional development described in section 
        2416(b)(1)(A).
            ``(3) A description of the use of technology tools, 
        applications, and other resources to improve student learning 
        and achievement in the area of priority identified under 
        paragraph (4).
            ``(4) A description of the priority area subgrant funds 
        will target, identified from among the core academic subjects, 
        grade levels, and student subgroup populations in which the 
        most number of students served by the local educational agency 
        are not proficient.
            ``(5) A description of how funds will be used to integrate 
        technology to redesign the curriculum or instruction, implement 
        computer-based and online assessments, improve use of data to 
        personalize learning, or improve education productivity.
    ``(d) Combined Applications.--A local educational agency that 
submits an application under subsection (b), may, upon notice to the 
State educational agency, submit a single application that will also be 
considered as an application for subgrant funds awarded under 
subsection (c), if the application addresses each application 
requirement under subsections (a), (b), and (c).

``SEC. 2416. LOCAL ACTIVITIES.

    ``(a) Competitive Grants; Systemic Education Transformation Through 
Technology Integration.--A local educational agency that receives funds 
through a subgrant under section 2412(a)(2)(B), shall carry out 
activities to improve student learning, technology literacy, and 
achievement, as follows:
            ``(1) Use not less than 5 percent of such funds to evaluate 
        the impact of 1 or more programs or activities carried out 
        under the subgrant as identified in the local educational 
        agency's application and approved by the State educational 
        agency.
            ``(2) Use funds remaining after carrying out paragraph (1) 
        to implement a plan for systemic education transformation in 1 
        or more schools, in accordance with section 2415(b)(1), 
        including each of the following:
                    ``(A) Using not less than 25 percent of subgrant 
                funds to ensure educators, including teachers and 
                administrators, are technology literate, prepared to 
                use technology to improve the curriculum and 
                instruction, and are connected online to supports and 
                resources, including through the following:
                            ``(i) Professional development activities, 
                        as described in subsection (b)(1)(A).
                            ``(ii) The acquisition and implementation 
                        of technology tools, applications, and other 
                        resources to provide educators with ongoing 
                        access and support, including for use in the 
                        professional development activities described 
                        in clause (i).
                    ``(B) Acquiring and effectively implementing 
                technology tools, applications, and other resources in 
                conjunction with enhancing or redesigning the 
                curriculum or instruction in order to--
                            ``(i) increase student learning opportunity 
                        or access, student engagement in learning, or 
                        student attendance or graduation rates;
                            ``(ii) improve student achievement in 1 or 
                        more of the core academic subjects; and
                            ``(iii) improve student technology 
                        literacy.
                    ``(C) Acquiring and effectively implementing 
                technology tools, applications, and other resources 
                to--
                            ``(i) conduct ongoing formative and other 
                        assessments and use other timely data sources 
                        and data systems to more effectively identify 
                        and address individual student learning needs;
                            ``(ii) support personalized student 
                        learning, including through instructional 
                        software and digital content that supports the 
                        learning needs of each student, or through 
                        providing access to high-quality courses and 
                        instructors otherwise not available except 
                        through technology and online learning; and
                            ``(iii) conduct other activities consistent 
                        with research-based or innovative systemic 
                        education transformation, including activities 
                        that increase parental involvement.
    ``(b) Formula Grants; Improving Teaching and Learning Through 
Technology.--A local educational agency that receives funds through a 
subgrant under section 2412(a)(2)(A), shall carry out activities to 
improve student learning, technology literacy, and achievement in the 
area of priority identified under section 2415(c)(4), as follows:
            ``(1) Use not less than 40 percent of such funds for 
        professional development activities that are aligned with 
        activities supported under section 2123 to improve educator 
        effectiveness and quality through support for the following:
                    ``(A) Training of school personnel, which--
                            ``(i) shall include the development, 
                        acquisition, or delivery of--
                                    ``(I) training that is ongoing, 
                                sustainable, timely, and directly 
                                related to up-to-date teaching content 
                                areas;
                                    ``(II) training in strategies and 
                                pedagogy in the core academic subjects 
                                that involve use of technology and 
                                curriculum redesign as key components 
                                of changing teaching and learning and 
                                improving student achievement and 
                                technology literacy;
                                    ``(III) training in the use of 
                                computer-based and online assessments, 
                                and in the use of student performance 
                                and other data to individualized 
                                instruction;
                                    ``(IV) training that includes 
                                ongoing communication and follow-up 
                                with instructors, facilitators, and 
                                peers; and
                            ``(ii) may include--
                                    ``(I) the use of, and training of, 
                                instructional technology specialists, 
                                mentors, master teachers, or coaches to 
                                serve as experts and train other 
                                teachers in the effective use of 
                                technology; and
                                    ``(II) the use of technology, such 
                                as distance learning and online virtual 
                                educator-to-educator peer communities, 
                                as a means for delivering professional 
                                development.
                    ``(B) The acquisition and implementation of 
                technology tools, applications, and other resources to 
                be employed in the professional development activities 
                described in subparagraph (A).
            ``(2) Use funds remaining after carrying out paragraph (1) 
        to acquire or implement technology tools, applications, and 
        other resources to improve student learning, technology 
        literacy, and achievement in the area of priority identified by 
        the local educational agency, including through 1 or more of 
        the following:
                    ``(A) Conducting ongoing formative assessment and 
                using other timely data sources and data systems to 
                more effectively identify and address individual 
                student learning needs.
                    ``(B) Supporting personalized student learning, 
                including through instructional software and digital 
                content that supports the learning needs of each 
                student, or through providing access to high-quality 
                courses and instructors not otherwise available except 
                through technology such as online learning.
                    ``(C) Increasing parental involvement through 
                improved communication with teachers and access to 
                student assignments and grades.
                    ``(D) Enhancing accountability, instruction, and 
                data-driven decisionmaking through data systems that 
                allow for management, analysis, and disaggregating of 
                student, teacher, and school data.
                    ``(E) Such other activities as are appropriate and 
                consistent with the goals and purposes of this part.
    ``(c) Multiple Grants.--A local educational agency that receives 
subgrants under both subparagraph (A) and subparagraph (B) of section 
2412(a)(2) may use all such subgrant funds for activities authorized 
under subsection (a).

                 ``Subpart 2--State Competitive Grants

``SEC. 2421. STATE COMPETITIVE GRANTS.

    ``(a) In General.--From the amount made available to carry out this 
subpart under section 2404(c)(1) for a fiscal year, the Secretary shall 
award grants to consortia of State educational agencies having 
applications approved under subsection (b) for the activities described 
in subsection (d).
    ``(b) State Consortia Applications.--
            ``(1) In general.--To be eligible to receive a grant under 
        this subpart, a consortium of State educational agencies shall 
        submit to the Secretary an application at such time, in such 
        manner, and containing such information as the Secretary may 
        reasonably require, including the information described in 
        paragraph (2).
            ``(2) Contents.--An application submitted by a consortium 
        of State educational agencies for a grant under this subpart 
        shall include the following:
                    ``(A) An identification of the States included in 
                the consortium, and which State will act as both fiscal 
                agent and lead grant administrator.
                    ``(B) A description of how the consortium will 
                support local educational agencies in achieving the 
                absolute priority of supporting enhanced use of 
                technology, including online and blended learning for 
                systemic education transformation, curricula redesign, 
                and new instructional strategies to personalize 
                learning.
                    ``(C) An identification of an additional priority 
                the consortium will address and a description of how 
                the State educational agencies will support local 
                educational agencies in achieving the priority. Such 
                priority shall be 1 or more of the following:
                            ``(i) Preparing for and administering State 
                        assessments online.
                            ``(ii) Using technology and blended 
                        learning.
                            ``(iii) Preparing the capacity of 
                        administrators and other education leaders to 
                        lead systemic education transformation through 
                        technology.
                    ``(D) A brief description of each State educational 
                agency's long-term goals and strategies for improving 
                student academic achievement, including student 
                technology literacy, through the effective use of 
                technology, and how the grant will support that plan's 
                implementation and student achievement.
                    ``(E) A description of how the State educational 
                agencies will use grant funds to improve the ability of 
                educators, including teachers and administrators, to 
                more effectively use technology.
                    ``(F) A description of the process, activities, and 
                performance measures that the State educational 
                agencies will use to evaluate the impact and 
                effectiveness of activities and to disseminate those 
                findings across the State and to other States outside 
                the consortium.
                    ``(G) An identification of the State college and 
                career ready academic content standards that the State 
                educational agencies will use to ensure that each 
                student is technology literate.
                    ``(H) An assurance that financial assistance 
                provided under this subpart will supplement, and not 
                supplant, State and local funds available for 
                activities described in this subpart.
                    ``(I) A description of how the State educational 
                agencies consulted with local educational agencies in 
                the development of the application.
                    ``(J) A description of the process the State 
                educational agencies will use to competitively award 
                subgrants under this subpart.
                    ``(K) A description of how the State educational 
                agencies will coordinate activities carried out with 
                funds under this subpart with other Federal, State, and 
                local funds and activities in order to leverage their 
                impact beyond what could be accomplished directly with 
                grant funds.
                    ``(L) Assurances that the following conditions have 
                been met by each State in the consortium, which shall 
                include a description of how such conditions have been 
                met in each such State, or, in the instance that such 
                conditions have not been met, a description each 
                State's plan for meeting such conditions:
                            ``(i) Student advancement and graduation 
                        are based on demonstrated competency regardless 
                        of seat-time, or time spent in a traditional 
                        classroom.
                            ``(ii) The State has ensured that all 
                        students have access to high-quality digital 
                        content and online courses without arbitrary 
                        caps or other limitations on enrollment in 
                        online learning.
                            ``(iii) Teacher certification or licensure 
                        requirements of the State require educators to 
                        be technology literate, including the ability 
                        to--
                                    ``(I) integrate technology into 
                                curriculum, instruction, and 
                                assessment;
                                    ``(II) use data to personalize 
                                learning; or
                                    ``(III) teach online.
                            ``(iv) The State allows the use of State 
                        funds for technology tools and applications, if 
                        appropriate, to meet program goals and 
                        requirements, including ensuring that the 
                        State's rules support adoption of electronic 
                        learning materials, including allowance that 
                        materials may be updated in an ongoing manner 
                        and can be acquired through subscription.
                            ``(v) The State's learning standards 
                        include student technology literacy standards, 
                        and the State's learning performance standards 
                        assess student technology literacy.
    ``(c) Awards.--
            ``(1) In general.--In awarding grants under this subpart, 
        the Secretary shall ensure the grants--
                    ``(A) are of sufficient size and duration to be 
                effective;
                    ``(B) are distributed among States of diverse 
                geographic locations and populations; and
                    ``(C) serve students attending high-need schools.
            ``(2) Priority.--In awarding grants under this subpart, the 
        Secretary shall give priority to applications from consortia in 
        which each State has met, or has proposed a detailed plan with 
        specific timelines to meet, all of the following conditions:
                    ``(A) Assessments in the State are delivered online 
                and may be taken when students have completed a 
                particular course or unit of instruction, not at a 
                specified time and date.
                    ``(B) The State has signed teacher certification 
                reciprocity agreements with 1 or more other States, 
                including for online instruction.
                    ``(C) Postsecondary and other teacher training 
                institutions are required to provide, or supported in 
                providing, training in online and blended instruction.
                    ``(D) The State directly supports technology tools 
                and applications and ensures that all students and 
                teachers have high-speed access to the Internet.
                    ``(E) The State supports policies or plans 
                facilitating the use of student owned devices in 
                schools or that facilitate home access to digital 
                content.
                    ``(F) The States have plans that support students 
                with disabilities, advanced learners, below-grade-level 
                learners, and English learners.
    ``(d) State Consortium Use of Funds.--A State educational agency 
consortium that receives a grant under this subpart shall--
            ``(1) allocate not less than 75 percent of grant funds to 
        local educational agencies to carry out the activities 
        described in the consortium's application; and
            ``(2) use the funds remaining after carrying out paragraph 
        (1) for State-level activities, as described in the 
        consortium's application, including--
                    ``(A) assessing the impact of grant funds; and
                    ``(B) disseminating the findings of the consortium 
                throughout the consortium and nationally.

                      ``Subpart 3--Internet Safety

``SEC. 2431. INTERNET SAFETY.

    ``(a) In General.--No funds made available under this part to a 
local educational agency for an elementary school or secondary school 
that does not receive services at discount rates under section 
254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)) may 
be used to purchase computers used to access the Internet, or to pay 
for direct costs associated with accessing the Internet, for such 
school unless the school, school board, local educational agency, or 
other authority with responsibility for administration of such school 
both--
            ``(1)(A) has in place a policy of Internet safety for 
        minors that includes the operation of a technology protection 
        measure with respect to any of its computers with Internet 
        access that protects against access through such computers to 
        visual depictions that are--
                    ``(i) obscene;
                    ``(ii) child pornography; or
                    ``(iii) harmful to minors; and
            ``(B) is enforcing the operation of such technology 
        protection measure during any use of such computers by minors; 
        and
            ``(2)(A) has in place a policy of Internet safety that 
        includes the operation of a technology protection measure with 
        respect to any of its computers with Internet access that 
        protects against access through such computers to visual 
        depictions that are--
                    ``(i) obscene; or
                    ``(ii) child pornography; and
            ``(B) is enforcing the operation of such technology 
        protection measure during any use of such computers.
    ``(b) Timing and Applicability of Implementation.--
            ``(1) In general.--The local educational agency with 
        responsibility for a school covered by subsection (a) shall 
        certify the compliance of such school with the requirements of 
        subsection (a) as part of the application process for each 
        program funding year.
            ``(2) Process.--
                    ``(A) Schools with internet safety policies and 
                technology protection measures in place.--A local 
                educational agency with responsibility for a school 
                covered by subsection (a) that has in place an Internet 
                safety policy meeting the requirements of subsection 
                (a) shall certify its compliance with subsection (a) 
                during each annual program application cycle under this 
                Act.
                    ``(B) Schools without internet safety policies and 
                technology protection measures in place.--
                            ``(i) Certification.--A local educational 
                        agency with responsibility for a school covered 
                        by subsection (a) that does not have in place 
                        an Internet safety policy meeting the 
                        requirements of subsection (a) for each year in 
                        which the local educational agency is applying 
                        for funds for such school under this Act, shall 
                        certify that it is undertaking such actions, 
                        including any necessary procurement procedures, 
                        to put in place an Internet safety policy that 
                        meets such requirements.
                            ``(ii) Ineligibility.--Any school covered 
                        by subsection (a) for which the local 
                        educational agency concerned is unable to 
                        certify compliance with such requirements for a 
                        year shall be ineligible for all funding under 
                        this part for such year and all subsequent 
                        years until such time as such school comes into 
                        compliance with such requirements.
    ``(c) Disabling During Certain Use.--An administrator, supervisor, 
or person authorized by the responsible authority under subsection (a) 
may disable the technology protection measure concerned to enable 
access for bona fide research or other lawful purposes.
    ``(d) Noncompliance.--
            ``(1) Use of general education provisions act remedies.--
        Whenever the Secretary has reason to believe that any recipient 
        of funds under this part is failing to comply substantially 
        with the requirements of this section, the Secretary may--
                    ``(A) withhold further payments to the recipient 
                under this part;
                    ``(B) issue a complaint to compel compliance of the 
                recipient through a cease and desist order; or
                    ``(C) enter into a compliance agreement with a 
                recipient to bring it into compliance with such 
                requirements,
        in same manner as the Secretary is authorized to take such 
        actions under sections 455, 456, and 457, respectively, of the 
        General Education Provisions Act.
            ``(2) Recovery of funds prohibited.--The actions authorized 
        by paragraph (1) are the exclusive remedies available with 
        respect to the failure of a school to comply substantially with 
        a provision of this section, and the Secretary shall not seek a 
        recovery of funds from the recipient for such failure.
            ``(3) Recommencement of payments.--Whenever the Secretary 
        determines (whether by certification or other appropriate 
        evidence) that a recipient of funds who is subject to the 
        withholding of payments under paragraph (1)(A) has cured the 
        failure providing the basis for the withholding of payments, 
        the Secretary shall cease the withholding of payments to the 
        recipient under that paragraph.
    ``(e) Definitions.--In this subpart:
            ``(1) Access to internet.--A computer shall be considered 
        to have access to the Internet if such computer is equipped 
        with a modem or is connected to a computer network that has 
        access to the Internet.
            ``(2) Acquisition or operation.--An elementary school or 
        secondary school shall be considered to have received funds 
        under this part for the acquisition or operation of any 
        computer if such funds are used in any manner, directly or 
        indirectly--
                    ``(A) to purchase, lease, or otherwise acquire or 
                obtain the use of such computer; or
                    ``(B) to obtain services, supplies, software, or 
                other actions or materials to support, or in connection 
                with, the operation of such computer.
            ``(3) Child pornography.--The term `child pornography' has 
        the meaning given that term in section 2256 of title 18, United 
        States Code.
            ``(4) Computer.--The term `computer' includes any hardware, 
        software, or other technology attached or connected to, 
        installed in, or otherwise used in connection with a computer.
            ``(5) Harmful to minors.--The term `harmful to minors' 
        means any picture, image, graphic image file, or other visual 
        depiction that--
                    ``(A) taken as a whole and with respect to minors, 
                appeals to a prurient interest in nudity, sex, or 
                excretion;
                    ``(B) depicts, describes, or represents, in a 
                patently offensive way with respect to what is suitable 
                for minors, an actual or simulated sexual act or sexual 
                contact, actual or simulated normal or perverted sexual 
                acts, or a lewd exhibition of the genitals; and
                    ``(C) taken as a whole, lacks serious literary, 
                artistic, political, or scientific value as to minors.
            ``(6) Minor.--The term `minor' means an individual who has 
        not attained the age of 17.
            ``(7) Obscene.--The term `obscene' has the meaning 
        applicable to that term under section 1460 of title 18, United 
        States Code.
            ``(8) Sexual act and sexual contact.--The terms `sexual 
        act' and `sexual contact' have the meanings given those terms 
        in section 2246 of title 18, United States Code.
    ``(f) Severability.--If any provision of this section is held 
invalid, the remainder of this section shall not be affected 
thereby.''.

   TITLE III--LANGUAGE AND ACADEMIC CONTENT INSTRUCTION FOR ENGLISH 
                    LEARNERS AND IMMIGRANT STUDENTS

SEC. 3001. REORGANIZATION.

    Title III (20 U.S.C. 6801 et seq.) is amended--
            (1) in the title heading, by striking ``LIMITED ENGLISH 
        PROFICIENT'' and inserting ``ENGLISH LEARNERS'';
            (2) by striking sections 3001 and 3122;
            (3) by redesignating sections 3123 through 3129 as sections 
        3122 through 3128, respectively;
            (4) by striking subpart 4 of part A;
            (5) by striking part B;
            (6) by redesignating sections 3301 through 3304 as sections 
        3201 through 3204, respectively; and
            (7) by redesignating part C as part B.

SEC. 3002. PURPOSES.

    Section 3102 (20 U.S.C. 6812) is amended to read as follows:

``SEC. 3102. PURPOSES.

    ``The purposes of this part are--
            ``(1) to support the provision of education to meet the 
        needs of English learners and immigrant students and provide 
        English learners and immigrant students with high-quality, 
        evidence-based services, which also supplement services and 
        supports provided under title I, to ensure that English 
        learners, including those English learners who are also 
        immigrants, acquire the English language proficiency and 
        academic content knowledge they need to meet the State's 
        college and career ready academic content standards and for 
        State academic assessments;
            ``(2) to support the efforts of State educational agencies 
        and local educational agencies to enhance their capacity to 
        provide high-quality educational programs that are effective 
        for English learners and that reflect the diversity of the 
        English learner population;
            ``(3) to support the efforts of teachers, school leaders, 
        State educational agencies, and local educational agencies to 
        develop and enhance the capacity and flexibility needed to--
                    ``(A) provide evidence-based, linguistically and 
                culturally appropriate services to assist English 
                learners supported under this part in--
                            ``(i) attaining English language 
                        proficiency; and
                            ``(ii) meeting State college and career 
                        ready academic content standards;
                    ``(B) implement such services effectively;
                    ``(C) evaluate the impact of such services on 
                student English language proficiency and academic 
                content knowledge; and
                    ``(D) modify such services as appropriate to meet 
                the needs of students;
            ``(4) to ensure that rigorous and consistent standards, 
        assessments, and State accountability systems are in place for 
        programs serving English learners; and
            ``(5) to promote parental and community participation in 
        language instruction educational programs in communities for 
        parents of children who are English learners.''.

SEC. 3003. FORMULA GRANTS TO STATES.

    Section 3111 (20 U.S.C. 6821) is amended--
            (1) in subsection (b)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2) State activities.--
                    ``(A) In general.--Subject to subparagraph (B), 
                each State educational agency receiving a grant under 
                subsection (a) may reserve not more than 5 percent of 
                the agency's allotment under subsection (c) to provide 
                technical assistance and other forms of assistance to 
                eligible entities that are receiving subgrants from a 
                State educational agency under this subpart, including 
                in--
                            ``(i) identifying and implementing 
                        effective and high-quality language instruction 
                        educational programs and curricula and academic 
                        content instruction programs that are based on 
                        scientifically valid research on teaching 
                        English learners;
                            ``(ii) program evaluation to ensure that 
                        the language instruction educational programs 
                        and academic content instruction programs 
                        selected by subgrantees are appropriate for the 
                        needs of the English learners served;
                            ``(iii) teacher and principal preparation, 
                        professional development activities, and other 
                        evidence-based activities, which may include 
                        activities that--
                                    ``(I) support the implementation of 
                                professional teaching standards and 
                                teacher evaluation systems for teachers 
                                of English learners; and
                                    ``(II) assist such teachers in 
                                meeting State and local certification 
                                and licensing requirements for teaching 
                                English learners;
                            ``(iv) strengthening and increasing parent, 
                        family, and community engagement;
                            ``(v) developing, enhancing, aligning, and 
                        implementing English language proficiency 
                        standards and assessments, particularly helping 
                        to ensure uniform implementation of English 
                        language proficiency standards within the 
                        State;
                            ``(vi) providing recognition, which may 
                        include providing financial awards, to 
                        subgrantees that significantly improve the rate 
                        at which English learners acquire English 
                        language proficiency and are able to 
                        demonstrate the English language proficiency 
                        needed for core content mastery; and
                            ``(vii) planning, evaluation, 
                        administration, and interagency coordination.
                    ``(B) Limitation.--A State may use not more than 40 
                percent of the amount reserved under subparagraph (A) 
                or $175,000, whichever is greater, for the activities 
                described in subparagraph (A)(vii).''; and
                    (B) by striking paragraph (3); and
            (2) in subsection (c)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Reservations.--From the amount appropriated under 
        section 3(i) for each fiscal year, the Secretary shall 
        reserve--
                    ``(A) 0.5 percent or $5,000,000 of such amount, 
                whichever is greater, for payments to eligible entities 
                that are defined under section 3112(a) for activities, 
                approved by the Secretary, consistent with this 
                subpart;
                    ``(B) 0.5 percent of such amount for payments to 
                outlying areas, to be allotted in accordance with their 
                respective needs for assistance under this subpart (as 
                determined by the Secretary) for activities that are 
                approved by the Secretary and consistent with the 
                purposes of this subpart; and
                    ``(C) 6.5 percent of such amount for national 
                activities under sections 3131, 3132, and 3203, except 
                that not more than 0.5 percent of such amount shall be 
                reserved for evaluation activities conducted by the 
                Secretary and not more than $2,000,000 of such amount 
                may be reserved for the National Clearinghouse for 
                English Language Acquisition and Language Instruction 
                Educational Programs described in section 3203.'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively;
                    (D) in paragraph (2), as redesignated by 
                subparagraph (C)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``3001(a)'' and 
                                inserting ``3(j)''; and
                                    (II) in clause (i)--
                                            (aa) by striking ``limited 
                                        English proficient children'' 
                                        and inserting ``English 
                                        learners''; and
                                            (bb) by inserting ``, as 
                                        determined by data available 
                                        from the American Community 
                                        Survey conducted by the 
                                        Department of Commerce or 
                                        State-reported data'' after 
                                        ``children in all States''; and
                                    (III) in clause (ii), by inserting 
                                ``, as determined based only on data 
                                available from the American Community 
                                Survey conducted by the Department of 
                                Commerce'' after ``children and youth 
                                in all States''; and
                            (ii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) Reallotment.--If any State educational agency 
                described in subparagraph (A) does not submit a plan to 
                the Secretary for a fiscal year, or submits a plan (or 
                any amendment to a plan) that the Secretary, after 
                reasonable notice and opportunity for a hearing, 
                determines does not satisfy the requirements of this 
                subpart, the Secretary shall reallot any portion of 
                such allotment to the remaining State educational 
                agencies in accordance with subparagraph (A).''; and
                    (E) by striking paragraph (3), as redesignated by 
                subparagraph (C), and inserting the following:
            ``(3) Use of data for determinations.--In making State 
        allotments under paragraph (2), for each fiscal year, the 
        Secretary shall determine the number of English learners in a 
        State and in all States, for each fiscal year, using the most 
        accurate, up-to-date data, which may be--
                    ``(A) data available from the American Community 
                Survey conducted by the Department of Commerce, which 
                may be multiyear estimates;
                    ``(B) the number of students assessed as not having 
                attained English language proficiency, based on the 
                State's English language proficiency assessment under 
                section 1111(a)(2)(D), which may be multiyear 
                estimates; or
                    ``(C) a combination of data available under 
                subparagraphs (A) and (B).''.

SEC. 3004. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.

    Section 3112 (20 U.S.C. 6822) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4), by striking ``Indian 
                Affairs'' and inserting ``Indian Education of the 
                Department of the Interior'';
                    (B) in paragraph (5), by striking ``Indian 
                Affairs'' and inserting ``Indian Education of the 
                Department of the Interior''; and
                    (C) in paragraph (6), by striking ``Indian 
                Affairs'' and inserting ``Indian Education of the 
                Department of the Interior'' both places such term 
                appears;
            (2) in subsection (b), by striking ``an entity that is 
        considered to be an eligible entity under subsection (a), and 
        that'' and inserting ``an eligible entity that''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Special Rules.--
            ``(1) Ineligibility for multiple awards for same period.--
        An eligible entity that receives a grant under this section 
        shall not be eligible to receive a subgrant under section 3114 
        for the same period.
            ``(2) Native american language programs.--An eligible 
        entity that receives a grant under this section may, in 
        addition to other activities supported under this subpart, use 
        the grant funds to support Native American language immersion 
        programs and Native American language restoration programs, 
        which may be taught by traditional or tribal leaders.''.

SEC. 3005. STATE EDUCATIONAL AGENCY PLANS.

    Section 3113 (20 U.S.C. 6823) is amended to read as follows:

``SEC. 3113. STATE EDUCATIONAL AGENCY PLANS.

    ``(a) Plan Required.--Each State educational agency desiring a 
grant under this subpart shall submit a plan to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may require.
    ``(b) Contents.--Each plan submitted under subsection (a) shall--
            ``(1) describe the process that the agency will use in 
        awarding subgrants to eligible entities under section 
        3114(d)(1);
            ``(2) describe the process by which, within a period 
        established by the Secretary, the agency will establish uniform 
        statewide criteria for local educational agencies to use in--
                    ``(A) identifying English learners who need 
                services under this part;
                    ``(B) determining when such students no longer need 
                those services; and
                    ``(C) including the same standards of achievement 
                for all English learners in all local educational 
                agencies in the State;
            ``(3) describe the process through which the State 
        educational agency will support local educational agencies in 
        assisting English learners in acquiring proficiency in each of 
        the 4 language domains of reading, writing, speaking, and 
        listening, as measured by the State's English language 
        proficiency assessment;
            ``(4) provide an assurance that if the State adopts new 
        academic content standards, the State educational agency will, 
        not later than 1 year after the date of adoption of such 
        standards--
                    ``(A) update the State English language proficiency 
                standards to ensure that such standards align with the 
                new academic content standards; and
                    ``(B) provide the Secretary with evidence of such 
                alignment;
            ``(5) provide an assurance that the State English language 
        proficiency assessment system is valid and reliable and meets 
        the appropriate requirements of paragraph (10);
            ``(6) include criteria for defining the performance 
        standard that students at lower levels of English language 
        proficiency must meet to attain the level that the State 
        defines as English language proficient;
            ``(7) describe how the agency will coordinate programs and 
        activities carried out under this subpart with the other 
        programs and activities that such agency carries out under this 
        Act;
            ``(8) describe how the agency will assist eligible entities 
        in increasing the extent to which English learners acquire 
        English language proficiency within a reasonable time frame, as 
        informed by evidence and best practices;
            ``(9) provide an assurance that eligible entities in the 
        State will be given the flexibility to teach English learners 
        using a language instruction curriculum that has been 
        demonstrated to be effective, consistent with section 3115(f);
            ``(10) describe how the agency will manage subgrants 
        awarded under this subpart, including--
                    ``(A) how the agency will ensure that subgrant 
                funds are expended to support the provision of services 
                to help English learners acquire the English language 
                proficiency and the academic content knowledge they 
                need to meet the State's college and career ready 
                academic content standards and to advance to 
                postsecondary education and careers, which may include 
                using a scientifically valid language instruction 
                curriculum to improve language acquisition and content 
                mastery for English learners;
                    ``(B) how the agency will ensure that eligible 
                entities receiving a subgrant under this subpart comply 
                with the requirement under section 1111(a)(2)(B)(vi) to 
                annually assess in English, children who have been in 
                the United States for 3 or more consecutive years;
                    ``(C) how the agency will monitor eligible entities 
                receiving a subgrant under this part to ensure 
                compliance with applicable Federal fiscal requirements, 
                including the requirements under subsections (f) (g), 
                and (h) of section 3115;
                    ``(D) how the agency will, in awarding subgrants 
                under section 3114, address the needs of local 
                educational agencies of all sizes and in all geographic 
                areas, including local educational agencies that serve 
                rural and urban schools; and
                    ``(E) an assurance that the agency will require an 
                eligible entity receiving a subgrant under this subpart 
                to use the subgrant in ways that will build such 
                eligible entity's capacity to continue to offer high-
                quality language instruction educational programs and 
                academic content instruction programs that assist 
                English learners in meeting State academic content and 
                student academic achievement standards to become on 
                track to college and career readiness;
            ``(11) provide an assurance that the State's English 
        language proficiency standards are aligned with the academic 
        content and academic achievement standards described in section 
        1111; and
            ``(12) provide an assurance that the plan has been 
        developed in consultation with local educational agencies, 
        teachers, administrators of programs described under this part, 
        parents, family members, and other relevant stakeholders.
    ``(c) Approval.--The Secretary, after using a peer review process, 
shall approve a plan submitted under subsection (a) if the plan meets 
the requirements of this section.
    ``(d) Duration of Plan.--
            ``(1) In general.--Each plan submitted by a State 
        educational agency and approved under subsection (c) shall--
                    ``(A) remain in effect for the duration of the 
                State educational agency's participation under this 
                part; and
                    ``(B) be periodically reviewed and revised by the 
                agency to reflect changes to the agency's strategies 
                and programs carried out under this part.
            ``(2) Additional information.--
                    ``(A) Amendments.--If a State educational agency 
                amends the plan approved under subsection (c), the 
                agency shall submit the amendment to the Secretary.
                    ``(B) Approval.--The Secretary shall approve an 
                amendment to an approved plan, unless the Secretary 
                determines that the amendment will result in the agency 
                not meeting the requirements, or fulfilling the 
                purposes, of this part.
    ``(e) Consolidated Plan.--A plan submitted under subsection (a) may 
be submitted as part of a consolidated plan under section 9302.
    ``(f) Secretary Assistance.--The Secretary shall provide technical 
assistance, if requested, in the development of English language 
proficiency standards, objectives, and assessments.''.

SEC. 3006. WITHIN-STATE ALLOCATIONS.

    Section 3114 (20 U.S.C. 6824) is amended--
            (1) in subsection (a)--
                    (A) by striking ``section 3111(c)(3)'' and 
                inserting ``section 3111(c)(2)'';
                    (B) by inserting ``, in a timely manner,'' after 
                ``by allocating''; and
                    (C) by striking ``limited English proficient 
                children'' and inserting ``English learners'' both 
                places the term appears; and
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``section 
                3111(c)(3)'' and inserting ``section 3111(c)(2)''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``equally''; and
                                    (II) by striking ``and'' at the 
                                end;
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C); and
                            (iii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) shall consider eligible entities that 
                experience a significant increase in the percentage of 
                immigrant children and youth served, and eligible 
                entities that experience a significant increase in the 
                number of immigrant children and youth served; and''.

SEC. 3007. SUBGRANTS TO ELIGIBLE ENTITIES.

    Section 3115 (20 U.S.C. 6825) is amended to read as follows:

``SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.

    ``(a) Purposes of Subgrants.--A State educational agency may make a 
subgrant to an eligible entity from funds received by the agency under 
this subpart only if the entity agrees to expend the funds to 
supplement the education of English learners by helping them learn 
English and meet the State college and career ready academic content 
and student academic achievement standards. The eligible subgrantee 
shall carry out activities with such funds, using evidence-based 
approaches and methodologies that have been demonstrated to be 
effective for teaching English learners and immigrant children and 
youth, for the following purposes:
            ``(1) Developing and implementing new language instruction 
        educational programs and academic content instruction programs 
        for such children and youth, including early childhood 
        education and care programs, elementary school programs, and 
        secondary school programs.
            ``(2) Carrying out highly focused, innovative, locally 
        designed, evidence-based activities to expand or enhance 
        existing language instruction educational programs and academic 
        content instruction programs for such children and youth.
            ``(3) Implementing, within an individual school, whole 
        school programs for restructuring, reforming, and upgrading all 
        relevant programs, activities, and operations relating to 
        language instruction educational programs and academic content 
        instruction for such children and youth.
            ``(4) Implementing, within the entire jurisdiction of a 
        local educational agency, agencywide programs for 
        restructuring, reforming, and upgrading all relevant programs, 
        activities, and operations relating to language instruction 
        educational programs and academic content instruction for such 
        children and youth.
    ``(b) Administrative Expenses.--Each eligible entity receiving 
funds under section 3114(a) for a fiscal year may use not more than 2 
percent of such funds for the direct cost of administering this 
subpart.
    ``(c) Required Subgrantee Activities.--An eligible entity receiving 
funds under section 3114(a) shall use the funds for 2 or more of the 
following activities:
            ``(1) Increasing the English language proficiency of 
        English learners by providing high-quality evidence-based 
        language instruction educational programs and academic content 
        instruction programs that meet the needs of the specific 
        English learners served, and by identifying, acquiring, and 
        upgrading curricula, instructional materials, educational 
        software, and assessment practices that are proven effective 
        in--
                    ``(A) increasing English language proficiency;
                    ``(B) increasing student academic achievement in 
                the core academic subjects; and
                    ``(C) supporting students so that the students are 
                college and career ready.
            ``(2) Providing high-quality professional development to 
        teachers (including teachers of language instruction 
        educational programs and academic content instruction programs, 
        teachers of other academic subjects, and special education 
        teachers), principals, administrators, and other school or 
        community-based organization personnel that is--
                    ``(A) designed to improve the instruction and 
                assessment of English learners;
                    ``(B) designed to enhance the ability of teachers 
                and school leaders to understand and effectively 
                implement curricula, assessment practices and measures, 
                and instructional strategies for English learners;
                    ``(C) aligned with the instructional program used 
                by teachers that is responsive to the needs of the 
                English learners served;
                    ``(D) based on scientifically valid research 
                demonstrating the effectiveness of the professional 
                development in increasing children's English language 
                proficiency or substantially increasing the subject 
                matter knowledge, teaching knowledge, and teaching 
                skills of teachers; and
                    ``(E) of sufficient intensity and duration (which 
                shall not include activities such as 1-day or short-
                term workshops and conferences) to have a positive and 
                lasting impact on the performance of teachers in the 
                classroom, except that this subparagraph shall not 
                apply to an activity that is 1 component of a long-
                term, comprehensive professional development plan 
                established by a teacher and the teacher's supervisor 
                based on an assessment of the needs of the teacher, the 
                supervisor, the students of the teacher, and any local 
                educational agency employing the teacher, as 
                appropriate.
            ``(3) Carrying out other highly focused, evidence-based, 
        proven effective activities and strategies that expand, 
        enhance, or supplement existing language instruction 
        educational programs and academic content instruction programs 
        for English learners, including activities that enhance and 
        increase parent, family, and community participation, maximize 
        coordination and alignment among related programs, and build 
        partnerships between schools and community-based early learning 
        programs serving English learners.
    ``(d) Authorized Subgrantee Activities.--Subject to subsection (c), 
an eligible entity receiving funds under section 3114(a) may use the 
funds to achieve 1 of the purposes described in subsection (a) by 
undertaking 1 or more of the following activities:
            ``(1) Upgrading program objectives and effective 
        instruction strategies.
            ``(2) Providing to English learners--
                    ``(A) tutorials and academic or career and 
                technical education; and
                    ``(B) intensified instruction.
            ``(3) Developing and implementing preschool, elementary 
        school, or secondary school language instruction educational 
        programs and academic content instruction programs that are 
        coordinated with other relevant programs and services.
            ``(4) Improving the English language proficiency and 
        academic achievement of children who are English learners.
            ``(5) Improving the instruction of English learners, 
        including English learners who are children with disabilities, 
        by providing for--
                    ``(A) the acquisition or development of educational 
                technology or instructional materials;
                    ``(B) access to, and participation in, electronic 
                networks for materials, training, and communication; 
                and
                    ``(C) incorporation of the resources described in 
                subparagraphs (A) and (B) into curricula and programs, 
                such as curricula and programs funded under this 
                subpart.
            ``(6) Providing community participation programs, family 
        literacy activities, and parent and family outreach and 
        training activities to children who are English learners and 
        their families--
                    ``(A) to improve the English language skills of 
                children who are English learners; and
                    ``(B) to assist parents in--
                            ``(i) helping their children to improve 
                        their academic achievement; and
                            ``(ii) becoming active participants in the 
                        education of their children.
            ``(7) Carrying out other activities that are consistent 
        with the purposes of this subpart.
    ``(e) Activities by Agencies Experiencing Substantial Increases in 
Immigrant Children and Youth.--
            ``(1) In general.--An eligible entity receiving funds under 
        section 3114(d)(1) shall use the funds to pay for activities 
        that provide enhanced instructional opportunities for immigrant 
        children and youth, which may include--
                    ``(A) family literacy, parent and family outreach, 
                and leadership development activities designed to 
                assist parents and family members in becoming engaged 
                participants in the education and development of their 
                children;
                    ``(B) support for personnel, including 
                paraprofessionals who have been specifically trained, 
                or are being trained, to provide services to immigrant 
                children and youth;
                    ``(C) the provision of tutorials, mentoring, and 
                academic or career counseling for immigrant children 
                and youth;
                    ``(D) identification, development, and acquisition 
                of curricular materials, educational software, and 
                technologies to be used in the program carried out with 
                funds awarded under section 3114(a);
                    ``(E) basic instructional services that are 
                directly attributable to the presence in the local 
                educational agency involved of immigrant children and 
                youth, including the payment of costs of providing 
                additional classroom supplies and costs of 
                transportation;
                    ``(F) such other costs that are directly 
                attributable to such additional basic instructional 
                services or that are designed to assist immigrant 
                children and youth to achieve in elementary schools and 
                secondary schools in the United States, such as 
                programs of introduction to the educational system and 
                civics education; and
                    ``(G) activities, coordinated with community-based 
                organizations (including community-based organizations 
                providing early childhood education and care programs), 
                institutions of higher education, private sector 
                entities, or other entities with expertise in working 
                with immigrants, to assist parents of immigrant 
                children and youth by offering comprehensive community 
                services.
            ``(2) Duration of subgrants.--The duration of a subgrant 
        made by a State educational agency under section 3114(d)(1) 
        shall be determined by the agency in its discretion.
    ``(f) Selection of Method of Instruction.--
            ``(1) In general.--An eligible entity receiving a subgrant 
        from a State educational agency under this subpart shall select 
        1 or more methods or forms of instruction to be used in the 
        programs and activities undertaken by the entity in assisting 
        English learners in attaining English language proficiency and 
        meeting State academic content and student academic achievement 
        standards, to be on track to college and career readiness.
            ``(2) Consistency.--The selection of methods or forms of 
        instruction, as described under paragraph (1), shall be 
        consistent with sections 3124 through 3126.
    ``(g) Supplement, Not Supplant.--Federal funds made available under 
this subpart shall be used so as to supplement the level of Federal, 
State, and local public funds that, in the absence of such 
availability, would have been expended for programs for English 
learners and immigrant children and youth and in no case to supplant 
such Federal, State, and local public funds.
    ``(h) Prohibition on Use of Funds.--A subgrantee shall not use 
subgrant funds received under this subpart for services that are 
required to be provided to English learners as a result of--
            ``(1) a letter of findings, issued by the Assistant 
        Secretary for Civil Rights, indicating that the subgrantee's 
        program and services do not meet the legal requirements under 
        title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
        seq.), unless the subgrantee has appealed the findings or 
        entered into settlement discussions designed to lead to a 
        resolution agreement with the Assistant Secretary for Civil 
        Rights pursuant to section 100.7(d) of title 34, Code of 
        Federal Regulations; or
            ``(2) a Federal court order resulting from litigation in 
        the Federal courts, except where the litigation commences with 
        a complaint filed with an accompanying consent decree, to 
        enforce title VI of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d et seq.) or section 204(f) of the Equal Educational 
        Opportunities Act of 1974 (20 U.S.C. 1703(f)).''.

SEC. 3008. LOCAL PLANS.

    Section 3116 (20 U.S.C. 6826) is amended to read as follows:

``SEC. 3116. LOCAL PLANS.

    ``(a) Plan Required.--Each eligible entity desiring a subgrant from 
a State educational agency under section 3114 shall submit a plan to 
the State educational agency at such time, in such manner, and 
containing such information as the State educational agency may 
require.
    ``(b) Contents.--Each plan submitted under subsection (a) shall--
            ``(1) describe the scientifically valid programs and 
        activities proposed to be developed, implemented, and 
        administered under the subgrant, including how such programs 
        and activities will supplement programs intended to enable 
        children to speak, read, write, and comprehend the English 
        language, meet State academic content and student academic 
        achievement standards, and graduate high school ready for 
        college and careers;
            ``(2) describe how the eligible entity will hold elementary 
        schools and secondary schools receiving funds under this 
        subpart accountable for--
                    ``(A) assessing annually, in accordance with 
                section 1111, the English language proficiency of all 
                English learners participating in programs funded under 
                this subpart; and
                    ``(B) meeting timelines, progress criteria, and 
                performance targets for English learners in order to 
                ensure that such children served by the programs 
                carried out under this part--
                            ``(i) develop proficiency in English; and
                            ``(ii) master the academic content 
                        knowledge they need to meet the State's college 
                        and career ready academic content standards 
                        under section 1111(a)(1);
            ``(3) describe how the eligible entity will promote family 
        and community member engagement;
            ``(4) describe how the eligible entity will consult with 
        teachers, researchers, school administrators, parents, family 
        and community members, and, if appropriate, with education-
        related community groups and nonprofit organizations, and 
        institutions of higher education, in developing and 
        implementing such plan;
            ``(5) describe how language instruction educational 
        programs and academic content instruction programs carried out 
        under the subgrant will ensure that English learners being 
        served by the programs develop English language proficiency and 
        demonstrate such proficiency through academic content mastery;
            ``(6) ensure that activities supported by funds allocated 
        to individual schools are described in any general local school 
        level-plan required by the eligible entity, and in the absence 
        of a required school-level plan, such activities are described 
        in a separate school-level title III activity plan; and
            ``(7) contain an assurance that--
                    ``(A) the eligible entity is not in violation of 
                State law, including State constitutional law, 
                regarding the education of English learners, consistent 
                with sections 3124 through 3128;
                    ``(B) each local educational agency that is 
                included in the eligible entity complies with section 
                3202 prior to, and throughout, each school year; and
                    ``(C) systemic improvements for meeting the needs 
                of English learners and targeting funds to particular 
                concentrations of English learners were considered in 
                developing such plan.
    ``(c) Teacher English Fluency.--Each eligible entity receiving a 
subgrant under this subpart shall include in its plan a certification 
that all teachers in any language instruction educational program for 
English learners that is, or will be, funded under this part are fluent 
in the languages used for instruction, including having written and 
oral communications skills.''.

SEC. 3009. EVALUATIONS.

    Section 3121 (20 U.S.C. 6841) is amended to read as follows:

``SEC. 3121. EVALUATIONS.

    ``(a) In General.--Each eligible entity that receives a subgrant 
from a State educational agency under subpart 1 shall provide such 
agency, at the conclusion of every second fiscal year during which the 
subgrant is received, with an evaluation of programs and services 
supported under this title, in a form prescribed by the agency, that 
includes--
            ``(1) a description of the programs and activities 
        conducted by the entity with funds received under subpart 1 
        during the 2 immediately preceding fiscal years, including how 
        such programs and activities supplemented programs funded 
        primarily with State or local funds;
            ``(2) a description of the progress made by English 
        learners in improving their English language proficiency, in 
        meeting the State's academic content and student academic 
        achievement standards, and in graduating from high school ready 
        for college and careers;
            ``(3) the number and percentage of English learners 
        participating in the programs and activities supported by funds 
        provided under this part, who by the end of each school year, 
        attain English language proficiency in each of the 4 domains of 
        reading, writing, speaking, and listening, as determined by the 
        State's English language proficiency assessment and the number 
        who exit the language instruction educational programs based on 
        their attainment of English language proficiency on such 
        assessment;
            ``(4) a description of the progress made by former English 
        learners in meeting the State's academic content and student 
        academic achievement standards and in graduating from high 
        school and being college and career ready, for each of the 3 
        years after such individuals are no longer receiving services 
        under this part; and
            ``(5) the number and percentage of English learners who 
        have not attained English language proficiency within 5 years 
        of first enrollment in the local educational agency and initial 
        classification as English learners.
    ``(b) Use of Evaluation.--An evaluation provided by an eligible 
entity under subsection (a) shall be used by the entity and the State 
educational agency--
            ``(1) to assess the progress of children in attaining 
        English language proficiency, including--
                    ``(A) a child's level of speaking, listening, 
                reading, and writing skills in English; and
                    ``(B) a child's progress in attaining the State 
                student academic achievement and college and career 
                readiness standards; and
            ``(2) to improve programs and activities, including by 
        determining the effectiveness of programs and activities in 
        increasing the English language proficiency of English learners 
        and making determinations about whether or not to continue 
        funding for specific programs or activities.''.

SEC. 3010. REPORTING REQUIREMENTS.

    Section 3122 (as redesignated by section 3001(3)) (20 U.S.C. 6843) 
is amended--
            (1) by striking ``children who are limited English 
        proficient'' each place the term appears and inserting 
        ``English learners'';
            (2) by striking ``limited English proficient children'' 
        each place the term appears and inserting ``English learners''; 
        and
            (3) in subsection (b)--
                    (A) in the matter before paragraph (1), by striking 
                ``Committee on Education and the Workforce of the House 
                of Representatives and the Committee on Health, 
                Education, Labor, and Pensions of the Senate'' and 
                inserting ``authorizing committees'';
                    (B) in paragraph (4), by striking ``section 
                3111(b)(2)(C)'' and inserting ``section 3111(b)(2)''; 
                and
                    (C) in paragraph (9), by striking ``the evaluations 
                from specially qualified agencies and''.

SEC. 3011. COORDINATION WITH RELATED PROGRAMS.

    Section 3123 (as redesignated by section 3001(3)) (20 U.S.C. 6844) 
is amended--
            (1) by striking ``children of limited English proficiency'' 
        and inserting ``English learners''; and
            (2) by striking ``language-minority and limited English 
        proficient children'' and inserting ``language-minority 
        children and English learners''.

SEC. 3012. RULES OF CONSTRUCTION.

    Section 3124 (as redesignated by section 3001(3)) (20 U.S.C. 6845) 
is amended--
            (1) by striking ``limited English proficient children'' and 
        inserting ``English learners'' each place the term appears;
            (2) in paragraph (2), by striking ``or'';
            (3) in paragraph (3), by striking the period at the end and 
        inserting ``; or''; and
            (4) by adding at the end the following:
            ``(4) to require an eligible entity to cease providing 
        services under this title to any student who may have been 
        assessed at or above the proficiency level on the annual 
        assessment of English language proficiency under section 
        1111(a)(2)(D), but has not attained, or is not on track to 
        attain, the proficiency level on the regular State academic 
        content assessment under section 1111(a)(2)(A), including such 
        assessment in English or language arts.''.

SEC. 3013. PROHIBITION.

    Section 3128 (as redesignated by section 3001(3)) (20 U.S.C. 6849) 
is amended by striking ``limited English proficient children'' and 
inserting ``English learners''.

SEC. 3014. NATIONAL ACTIVITIES.

    Subpart 3 of part A of title III (20 U.S.C. 6861) is amended--
            (1) by striking section 3131 and inserting the following:

``SEC. 3131. PROFESSIONAL DEVELOPMENT GRANTS.

    ``The Secretary shall use funds made available under section 
3111(c)(1)(C) to award grants on a competitive basis, for a period of 
not more than 5 years, to institutions of higher education or nonprofit 
institutions with relevant experience or expertise and capacity (in 
consortia with State educational agencies or local educational 
agencies) to provide for professional development activities that will 
improve classroom instruction for English learners and assist 
educational personnel working with such children to meet high 
professional standards, including standards for certification and 
licensure as teachers who work in language instruction educational 
programs and academic content instruction programs or serve English 
learners. Grants awarded under this section may be used to--
            ``(1) support partnerships between State or local 
        educational agencies and institutions of higher education to 
        support the work of individuals who are completing 
        baccalaureate and masters programs (such as programs in the 
        areas of teacher training, program administration, policy, 
        research, evaluation, assessment, and curriculum development) 
        and to improve educational services and programs for English 
        learners, provided that recipients of fellowships or assistance 
        are required, on completion of their studies, to--
                    ``(A) assist in the education of English learners 
                through work in a school, local educational agency, or 
                other educational agency or organization for a period 
                of time equivalent to the period of time during which 
                an individual receives assistance under this section; 
                or
                    ``(B) repay all or a prorated part of their 
                assistance under this section;
            ``(2) support research on promising instructional 
        strategies or programs that have practical applications for 
        teachers, counselors, parents and family members, school 
        leaders, and others responsible for educating or improving the 
        education of English learners and their families;
            ``(3) support strategies that promote school readiness for 
        English learners and their transition from early childhood 
        programs, such as Head Start or State-run preschool programs, 
        to elementary school programs;
            ``(4) support strategies that promote high school 
        graduation for English learners;
            ``(5) support strategies that strengthen and increase 
        family and community member engagement in education;
            ``(6) support the development of curricula that are 
        appropriate to the needs of the participating consortium; and
            ``(7) support the dissemination of information gathered in 
        accordance with paragraphs (1) through (5), particularly 
        evidence-based best practices and the provision of technical 
        assistance.''; and
            (2) by adding at the end the following:

``SEC. 3132. COMMISSION ON ASSESSMENT OF ENGLISH LEARNERS.

    ``(a) Commission on Assessment of English Learners.--
            ``(1) In general.--The Secretary shall establish an 
        independent commission on the assessment and advancement of 
        English learners (referred to in this section as the 
        `commission') to carry out the activities described in 
        subsection (c).
            ``(2) Date of appointment.--The members of the commission 
        shall be appointed not later than 6 months after the date of 
        enactment of the Elementary and Secondary Education 
        Reauthorization Act of 2011.
    ``(b) Composition.--
            ``(1) In general.--The commission shall be comprised of 
        individuals with experience and expertise in the educational 
        advancement and development of English learners, including 
        individuals with expertise in--
                    ``(A) the art of teaching English to speakers of 
                other languages;
                    ``(B) measurement and educational assessment 
                systems; and
                    ``(C) educational assessment and accountability 
                practices.
            ``(2) Expertise of members.--The Secretary shall ensure 
        that the individuals selected in accordance with paragraph (1) 
        are experts who are competent, by virtue of their training, 
        expertise, or experience, to evaluate instruction, assessments, 
        and models for English learners.
    ``(c) Duties of the Commission.--The commission shall provide the 
Secretary with advice and recommendations about the following issues:
            ``(1) The development and approval of standards pertaining 
        to English learners, in order to assist the Secretary in the 
        review and approval of statewide accountability systems that 
        are required under section 1111(a)(3).
            ``(2) The provision of regulations and guidance pertaining 
        to the inclusion of English learners in assessment and 
        accountability systems, including recommendations about 
        appropriate accommodations and appropriate weights for 
        assessments involving English learners.
            ``(3) Ensuring that State English language proficiency 
        standards under section 1111(a)(1)(E) are properly aligned with 
        college and career ready academic content standards under 
        section 1111(a)(1).
            ``(4) The formation of peer review panels, under section 
        1111(b)(4), with regard to--
                    ``(A) the inclusion on the panels of experts about 
                English learners; and
                    ``(B) processes to ensure that the work of the peer 
                review panel is consistent with the standards and 
                guidance developed by the commission.
            ``(5) Identifying ways to support local capacity-building 
        efforts to assist local educational agencies and schools in 
        properly supporting English learners.
            ``(6) Ensuring that the research, development, and 
        dissemination activities of the Department address identified 
        gaps in knowledge for effectively including English learners in 
        assessment and accountability practices.
            ``(7) Ways to address the needs of English learners in all 
        program planning at the Department, including inter- and intra-
        agency coordination.
    ``(d) Annual Report.--The commission shall, beginning not later 
than 1 year after the date on which all members of the commission have 
been appointed, submit an annual report to the Secretary and the 
authorizing committees of Congress containing the findings and 
recommendations described in subsection (c).''.

SEC. 3015. DEFINITIONS.

    Section 3201 (as redesignated by section 3001(6)) (20 U.S.C. 7011) 
is amended--
            (1) by striking paragraph (13);
            (2) redesignating paragraphs (5) through (12) as paragraphs 
        (6) through (13), respectively;
            (3) by inserting after paragraph (4) the following:
            ``(5) Eligible entity.--The term `eligible entity' means--
                    ``(A) 1 or more local educational agencies; or
                    ``(B) 1 or more local educational agencies, in 
                collaboration with an institution of higher education, 
                community-based organization, or State educational 
                agency.''.
            (4) in paragraph (6), as redesignated by paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) by striking ``limited English 
                                proficient adults'' and inserting 
                                ``adults who meets the English learner 
                                requirements described in subparagraphs 
                                (C) and (D) of section 9101(23)''; and
                                    (II) by striking ``English 
                                proficiency'' and inserting ``English 
                                language proficiency''; and
                            (ii) in clause (ii), by striking the 
                        semicolon and inserting ``; and'';
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraph (C) as 
                subparagraph (B);
            (5) in paragraph (9)(A), as redesignated by paragraph (2)--
                    (A) by striking ``a limited English proficient 
                child'' and inserting ``an English learner''; and
                    (B) by striking ``challenging State academic 
                content and student academic achievement standards, as 
                required by section 1111(b)(1)'' and inserting 
                ``college and career ready academic content and student 
                academic achievement standards, as required by section 
                1111(a)(1)''; and
            (6) in paragraph (12), as redesignated by paragraph (2), by 
        striking ``an individual of limited English proficiency,'' and 
        inserting ``an individual who meets the English learner 
        requirements described in subparagraphs (C) and (D) of section 
        9101(23),''.

SEC. 3016. PARENTAL NOTIFICATION.

    Section 3202 (as redesignated by section 3001(6)) (20 U.S.C. 7012) 
is amended to read as follows:

``SEC. 3202. PARENTAL NOTIFICATION.

    ``(a) In General.--Each eligible entity receiving funds under this 
title to provide a language instruction educational program and 
academic content instruction program shall, not later than 30 days 
after the beginning of the school year, inform a parent or the parents 
of an English learner identified for participation in, or participating 
in, such program of--
            ``(1) the reasons for the identification of their child as 
        an English learner and in need of placement in a language 
        instruction educational program and academic content 
        instruction program;
            ``(2) the child's level of English language proficiency, 
        how that level was assessed, and the status of the child's 
        academic achievement;
            ``(3) the method of instruction used in the program in 
        which their child is, or will be, participating, and the 
        methods of instruction used in other available programs, 
        including how such programs differ in content, instructional 
        goals, and use of English and a native language in instruction;
            ``(4) how the program in which their child is, or will be 
        participating, will appropriately respond to the educational 
        strengths and needs of the child;
            ``(5) how the program will specifically help their child 
        learn English and reflect age appropriate academic achievement 
        standards for grade promotion and graduation;
            ``(6) the specific exit requirements for the program, the 
        expected rate of transition from the program into classrooms 
        that are not tailored for English learners, and the expected 
        rate of graduation from secondary school for English learners 
        in the program if the child is in secondary school;
            ``(7) in the case of a child with a disability, how the 
        program meets the objectives of the child's individualized 
        education program; and
            ``(8) information pertaining to parental rights that 
        includes written guidance--
                    ``(A) detailing--
                            ``(i) the parent's right to have the 
                        parent's child immediately removed from the 
                        program upon the parent's request; and
                            ``(ii) the options that parents have to 
                        decline to enroll their child in such program 
                        or to choose another program or method of 
                        instruction, if available; and
                    ``(B) assisting parents in selecting among various 
                programs and methods of instruction, if more than 1 
                program or method is offered by the eligible entity.
    ``(b) Receipt of Information.--The information described in 
subsection (a) shall be provided in an understandable and uniform 
format and, to the extent practicable, in a language that the parent 
can understand.
    ``(c) Special Rule Applicable During School Year.--For a child who 
has not been identified for participation in a language instruction 
educational program and academic content instruction program prior to 
the beginning of the school year, the eligible entity shall carry out 
subsections (a) and (b) with respect to the parents of the child within 
2 weeks of the child being placed in such program.
    ``(d) Parent and Family Engagement.--
            ``(1) In general.--Each eligible entity using funds 
        provided under this title to provide a language instruction 
        educational program and academic content instruction program 
        shall implement an effective means of outreach to parents and 
        family members of English learners to inform such parents and 
        family members of how they can--
                    ``(A) be involved in the education of their 
                children; and
                    ``(B) be active participants in assisting their 
                children--
                            ``(i) to learn English;
                            ``(ii) to achieve at high levels in core 
                        academic subjects;
                            ``(iii) to meet the same State academic 
                        content and student academic achievement 
                        standards as all children are expected to meet 
                        to become on track to college and career 
                        readiness; and
                            ``(iv) to understand expectations for 
                        college readiness and career success.
            ``(2) Receipt of recommendations.--The outreach described 
        in paragraph (1) shall include holding, and sending notice of 
        opportunities for, regular meetings for the purpose of 
        formulating and responding to recommendations from parents 
        described in such paragraph.
    ``(e) Basis for Admission or Exclusion.--A child shall not be 
admitted to, or excluded from, any federally assisted education program 
on the basis of a surname or language-minority status.''.

SEC. 3017. NATIONAL CLEARINGHOUSE.

    Section 3203 (as redesignated by section 3001(6)) (20 U.S.C. 7013) 
is amended by striking ``limited English proficient children'' and 
inserting ``English learners'' each place the term appears.

SEC. 3018. REGULATIONS.

    Section 3204 (as redesignated by section 3001(6)) (20 U.S.C. 7014) 
is amended--
            (1) by striking ``limited English proficient individuals'' 
        and inserting ``English learners''; and
            (2) by striking ``limited English proficient children'' and 
        inserting ``English learners''.

         TITLE IV--SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS

SEC. 4101. REDESIGNATIONS.

    Title IV (20 U.S.C. 7101 et seq.) is amended--
            (1) by striking the title heading and inserting the 
        following: ``SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS'';
            (2) by redesignating subpart 3 of part A as subpart 1 of 
        part G of title IX, as added by section 9104(a) of this Act, 
        and transferring such subpart 1 so as to follow the part 
        heading of such part G as added by section 9104(a) of this Act;
            (3) by redesignating section 4141 as section 9701;
            (4) by redesignating part C as subpart 2 of part G of title 
        IX, as added by section 9104(a) of this Act, and transferring 
        such subpart 2 so as to follow subpart 1 of part G of title IX, 
        as redesignated by paragraph (2);
            (5) by redesignating sections 4301, 4302, 4303, and 4304, 
        as sections 9721, 9722, 9723, and 9724, respectively;
            (6) in section 9721, as redesignated by paragraph (5), by 
        striking ``part'' and inserting ``subpart'';
            (7) in section 9722, as redesignated by paragraph (5)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``part'' and inserting ``subpart''; and
                    (B) in paragraph (2)(B), by striking ``part'' and 
                inserting ``subpart'';
            (8) in section 9723(e)(3), by striking the matter following 
        subparagraph (B) and inserting the following:
                    ``(C) such other matters as justice may require.''; 
                and
            (9) in section 9724, as redesignated by paragraph (5), by 
        striking ``part'' both places the term appears and inserting 
        ``subpart''.

SEC. 4102. IMPROVING LITERACY INSTRUCTION AND STUDENT ACHIEVEMENT.

    Part A of title IV (20 U.S.C. 7101 et seq.) is amended to read as 
follows:

    ``PART A--IMPROVING LITERACY INSTRUCTION AND STUDENT ACHIEVEMENT

``SEC. 4101. SHORT TITLE.

    ``This part may be cited as the `Improving Literacy Instruction and 
Student Achievement Act'.

``SEC. 4102. PURPOSES.

    ``The purposes of this part are--
            ``(1) to improve student academic achievement in reading 
        and writing by providing Federal support to State educational 
        agencies to develop, coordinate, and implement comprehensive 
        literacy plans that ensure high-quality instruction and 
        effective strategies in reading and writing from early 
        education through grade 12; and
            ``(2) to assist State educational agencies in achieving the 
        purpose described in paragraph (1) by--
                    ``(A) supporting the development and implementation 
                of comprehensive early learning through grade 12 
                literacy programs in every State that are based on 
                scientifically valid research, to ensure that every 
                child can read and write at grade level or above;
                    ``(B) providing children with learning 
                opportunities in high-quality, language rich, 
                literature rich, informational text rich, culturally 
                relevant, and developmentally appropriate environments 
                so that the children develop the fundamental knowledge 
                and skills necessary for literacy engagement, 
                development, and achievement in kindergarten through 
                grade 12;
                    ``(C) educating parents in the ways the parents can 
                support their child's communication and literacy 
                development;
                    ``(D) supporting efforts to link and align 
                standards and research-based instruction and teaching 
                practices in early learning programs;
                    ``(E) supporting high-quality and effective 
                strategies for children to develop oral language, 
                reading, and writing abilities through high-quality 
                research-based instruction and teaching practices;
                    ``(F) improving academic achievement by 
                establishing adolescent literacy initiatives that 
                provide explicit and systematic instruction in oral 
                language, reading, and writing development across the 
                curriculum;
                    ``(G) identifying and supporting children reading 
                and writing significantly below grade level by 
                providing research-based, intensive interventions, 
                including interventions conducted during extended 
                learning time, to help the children acquire the 
                language and literacy skills the children need to stay 
                on track for graduation;
                    ``(H) providing assistance to local educational 
                agencies in order to provide educators with ongoing, 
                job embedded professional development, and other 
                support, that focuses on--
                            ``(i) effective literacy instruction; and
                            ``(ii) the special knowledge and skills 
                        necessary to teach and support literacy 
                        development effectively across the 
                        developmental and age span;
                    ``(I) supporting State educational agencies and 
                local educational agencies in improving reading, 
                writing, and literacy-based academic achievement for 
                children, especially children who are low-income 
                individuals, are English learners, are migratory, are 
                children with disabilities, are Indian or Alaskan 
                Native, are neglected or delinquent, are homeless, are 
                in the custody of the child welfare system, or have 
                dropped out of school;
                    ``(J) supporting State educational agencies and 
                local educational agencies in using age appropriate and 
                developmentally and linguistically appropriate 
                instructional materials and strategies that assist 
                teachers as the teachers work with children to develop 
                reading and writing competencies appropriate to the 
                children's grade and skill levels;
                    ``(K) strengthening coordination among schools, 
                early literacy programs, family literacy programs, 
                juvenile justice programs, public libraries, and 
                outside-of-school programs that provide children with 
                strategies, curricula, interventions, and assessments 
                designed to advance early and continuing language and 
                literacy development in ways appropriate for each 
                context;
                    ``(L) supporting professional development for 
                educators based on scientific approaches to adult 
                learning; and
                    ``(M) evaluating whether the professional 
                development activities and approaches are effective in 
                building knowledge and skills of educators and their 
                use of appropriate and effective practices.

``SEC. 4103. DEFINITIONS.

    ``In this part:
            ``(1) Child.--The term `child' means an individual from the 
        age of birth through the final year for which the State 
        provides free public education.
            ``(2) Classroom-based instructional assessment.--The term 
        `classroom-based instructional assessment' means an assessment 
        for children from birth through grade 3 that--
                    ``(A) is valid and reliable for the age and 
                population of children served in the program;
                    ``(B) is used to evaluate children's developmental 
                progress and learning and includes systematic 
                observations by teachers of children performing tasks, 
                including academic and literacy tasks, that are part of 
                the children's daily classroom experience; and
                    ``(C) is used to improve classroom instruction.
            ``(3) Comprehensive literacy instruction.--The term 
        `comprehensive literacy instruction' means instruction that--
                    ``(A) incorporates effective literacy instruction; 
                and
                    ``(B) is designed to support--
                            ``(i) developmentally appropriate, 
                        contextually explicit, systematic instruction, 
                        and frequent practice, in reading across 
                        content areas; and
                            ``(ii) developmentally appropriate and 
                        contextually explicit instruction, and frequent 
                        practice, in writing across content areas.
            ``(4) Developmental delay.--The term `developmental delay' 
        has the meaning given the term in section 632 of the 
        Individuals with Disabilities Education Act (20 U.S.C. 1432).
            ``(5) Early learning program.--The term `early learning 
        program' means a program serving children between the ages of 
        birth and kindergarten entry.
            ``(6) Effective literacy instruction.--
                    ``(A) In general.--The term `effective literacy 
                instruction' means literacy instruction that--
                            ``(i) includes age-appropriate, explicit, 
                        systematic, and intentional instruction in 
                        phonological awareness, phonic decoding, 
                        vocabulary, language structure, reading 
                        fluency, and reading comprehension;
                            ``(ii) includes age-appropriate, explicit 
                        instruction in writing, including opportunities 
                        for children to write with clear purposes, with 
                        critical reasoning appropriate to the topic and 
                        purpose, and with specific instruction and 
                        feedback from instructional staff;
                            ``(iii) makes available and uses diverse, 
                        high-quality print materials that reflect the 
                        reading and development levels, and interests, 
                        of children;
                            ``(iv) uses differentiated instructional 
                        approaches, including individual and small 
                        group instruction and discussion;
                            ``(v) provides opportunities for children 
                        to use language with peers and adults in order 
                        to develop language skills, including 
                        developing vocabulary;
                            ``(vi) includes frequent practice of 
                        reading and writing strategies;
                            ``(vii) uses age-appropriate, valid, and 
                        reliable screening assessments, diagnostic 
                        assessments, formative assessments, and 
                        summative assessments to identify a child's 
                        learning needs, to inform instruction, and to 
                        monitor the child's progress and the effects of 
                        instruction;
                            ``(viii) uses strategies to enhance 
                        children's motivation to read and write and 
                        children's engagement in self-directed 
                        learning;
                            ``(ix) incorporates the principles of 
                        universal design for learning;
                            ``(x) depends on teachers' collaboration in 
                        planning, instruction, and assessing a child's 
                        progress and on continuous professional 
                        learning; and
                            ``(xi) links literacy instruction to the 
                        State college and career ready academic content 
                        standards under section 1111(a)(1), including 
                        the ability to navigate, understand, and write 
                        about, complex print and digital subject 
                        matter.
                    ``(B) Birth through kindergarten.--When used with 
                respect to instruction for children from birth to 
                kindergarten entry, the term `effective literacy 
                instruction' also includes--
                            ``(i) developing such children's alphabet 
                        knowledge, reading aloud to children, 
                        discussing reading and writing with children, 
                        and modeling age and developmentally 
                        appropriate reading and writing strategies; and
                            ``(ii) encouraging children's early 
                        attempts at oral communication, reading, and 
                        writing.
                    ``(C) Kindergarten through grade 12.--When used 
                with respect to the instruction of children in 
                kindergarten through grade 12, the term `effective 
                literacy instruction' also includes--
                            ``(i) providing systematic and intensive 
                        interventions, which can be provided inside or 
                        outside the classroom as well as before, 
                        during, or after regular school hours, to 
                        supplement regular instruction for children 
                        reading below grade level;
                            ``(ii) providing reading and writing 
                        opportunities that build academic vocabulary 
                        and knowledge of different text structures in 
                        core academic subjects;
                            ``(iii) enabling children to write, 
                        communicate, and create knowledge, in ways that 
                        fit purpose, audience, occasion, discipline, 
                        and format, including practice in--
                                    ``(I) adhering to language 
                                conventions, including spelling, 
                                punctuation, and grammar;
                                    ``(II) planning and revising to 
                                improve clarity, coherence, logical 
                                development, and language usage; and
                                    ``(III) writing individually and 
                                collaboratively with feedback from 
                                instructors and peers; and
                            ``(iv) cultivating shared responsibility 
                        for children's literacy learning by 
                        coordinating writing tasks, instructional 
                        practices, and criteria for feedback across 
                        academic content areas.
            ``(7) Eligible entity.--The term `eligible entity' means an 
        entity--
                    ``(A) that serves high-need children; and
                    ``(B)(i) when used with respect to a subgrant under 
                section 4108, that consists of--
                                    ``(I) 1 or more local educational 
                                agencies providing early learning 
                                programs that have a demonstrated 
                                record of providing comprehensive 
                                literacy instruction for the age group 
                                such agencies or programs propose to 
                                serve;
                                    ``(II) 1 or more public or private 
                                early learning programs, such as a Head 
                                Start program, a child care program, a 
                                State-funded prekindergarten program, a 
                                public library program, or a family 
                                literacy program, that have a 
                                demonstrated record of providing 
                                comprehensive literacy instruction for 
                                the age group such programs propose to 
                                serve; or
                                    ``(III) 1 or more local educational 
                                agencies providing early learning 
                                programs, or 1 or more public or 
                                private early learning programs, such 
                                as a Head Start program, a child care 
                                program, a State-funded prekindergarten 
                                program, a public library program, or a 
                                family literacy program, in partnership 
                                with 1 or more public or private 
                                nonprofit organizations or agencies 
                                that have a demonstrated record of 
                                effectiveness--
                                            ``(aa) in improving the 
                                        early literacy development of 
                                        children from birth through 
                                        kindergarten entry; and
                                            ``(bb) in providing 
                                        professional development 
                                        aligned with the activities 
                                        described in section 
                                        4108(e)(1); or
                            ``(ii) when used with respect to a subgrant 
                        under section 4109--
                                    ``(I) that is--
                                            ``(aa) a local educational 
                                        agency;
                                            ``(bb) a consortium of 
                                        local educational agencies; or
                                            ``(cc) a local educational 
                                        agency or consortium of local 
                                        educational agencies acting in 
                                        partnership with 1 or more 
                                        public or private nonprofit 
                                        organizations or agencies that 
                                        have a demonstrated record of 
                                        effectiveness in--

                                                    ``(AA) improving 
                                                literacy achievement of 
                                                children consistent 
                                                with the purposes of 
                                                their participation 
                                                from kindergarten 
                                                through grade 12; and

                                                    ``(BB) providing 
                                                professional 
                                                development aligned 
                                                with the activities 
                                                described in subsection 
                                                (b) and (c) of section 
                                                4109; and

                                    ``(II)(aa) has the highest numbers 
                                or proportion of children who are 
                                counted under section 1124(c), in 
                                comparison to other local educational 
                                agencies in the State;
                                    ``(bb) is among or consists of the 
                                local educational agencies in the State 
                                with the highest numbers or percentages 
                                of children reading or writing below 
                                grade level, based on the most 
                                currently available State academic 
                                assessment data under section 1111(a); 
                                or
                                    ``(cc) has jurisdiction over a 
                                significant number or percentage of 
                                schools that are identified as 
                                persistently low-achieving under 
                                section 1116(c)(2).
            ``(8) English language acquisition.--
                    ``(A) In general.--The term `English language 
                acquisition' means the process by which a non-native 
                English speaker acquires proficiency in speaking, 
                listening, reading, and writing the English language.
                    ``(B) Inclusions for english learners in school.--
                For an English learner in school, such term includes 
                not only the social language proficiency needed to 
                participate in the school environment, but also the 
                academic language proficiency needed to acquire 
                literacy and academic content and demonstrate the 
                child's learning.
            ``(9) Family literacy services.--The term `family literacy 
        services' means literacy services provided to participants on a 
        voluntary basis that are of sufficient intensity and quality, 
        that better enable parents to support their children's learning 
        needs, and that integrate--
                    ``(A) interactive literacy activities between or 
                among family members who are primary caregivers and 
                their children, including family literacy education to 
                improve literacy of parents; and
                    ``(B) training for family members who are primary 
                caregivers regarding how to be the primary teacher for 
                their children and full partners in the education of 
                their children.
            ``(10) Formative assessment.--The term `formative 
        assessment' means an assessment that--
                    ``(A) is teacher-generated or selected by teachers 
                or instructional leaders for use during learning;
                    ``(B) is embedded within the learning activity and 
                linked directly to the intended outcomes of the current 
                unit of instruction; and
                    ``(C) provides feedback to help adjust ongoing 
                teaching and learning to improve children's achievement 
                of intended instructional outcomes.
            ``(11) High-quality professional development.--The term 
        `high-quality professional development' means professional 
        development that--
                    ``(A) is job-embedded, ongoing, and based on 
                scientifically valid research;
                    ``(B) is sustained, intensive, and classroom-
                focused, and is not limited in scope to a 1-day or 
                short-term workshop or conference;
                    ``(C) is designed to increase the knowledge and 
                expertise of teachers, early childhood educators and 
                administrators, principals, other instructional 
                leaders, and other program staff in applying--
                            ``(i) effective literacy instruction; and
                            ``(ii) instructional strategies and 
                        practices that are appropriate to the age, 
                        development, and needs of children and improve 
                        learning, including strategies and practices 
                        consistent with the principles of universal 
                        design for learning;
                    ``(D) includes and supports teachers in effectively 
                administering age and developmentally appropriate 
                assessments, and analyzing the results of these 
                assessments for the purposes of planning, monitoring, 
                adapting, and improving effective classroom instruction 
                or teaching strategies to improve child literacy;
                    ``(E) includes instructional strategies utilizing 
                one-to-one, small group, and classroom-based 
                instructional materials and approaches based on 
                scientifically valid research on literacy;
                    ``(F) provides ongoing instructional literacy 
                coaching--
                            ``(i) to ensure high-quality implementation 
                        of comprehensive literacy instruction that is--
                                    ``(I) content centered;
                                    ``(II) integrated across the 
                                curriculum;
                                    ``(III) collaborative; and
                                    ``(IV) school, setting, and 
                                classroom embedded; and
                            ``(ii) that uses student data to improve 
                        instruction;
                    ``(G) includes and supports teachers in setting 
                high reading and writing achievement goals for all 
                children and provides the teachers with the 
                instructional tools and skills to help children reach 
                such goals;
                    ``(H) for educators serving children in 
                kindergarten through grade 12--
                            ``(i) supports effective literacy 
                        instruction through core academic subjects, and 
                        through career and technical education subjects 
                        where such career and technical education 
                        subjects provide for the integration of core 
                        academic subjects; and
                            ``(ii) includes explicit instruction in 
                        discipline-specific thinking and how to read 
                        and interpret discipline-specific text 
                        structures and features;
                    ``(I) is differentiated for educators working with 
                children from birth through kindergarten entry, 
                children in kindergarten through grade 3, and children 
                in grades 4 through 12, and, as appropriate, based on 
                the grade or needs of the children; and
                    ``(J) supports family literacy experiences and 
                practices, and educating parents, teachers, and other 
                caregivers about literacy development and child 
                literacy development.
            ``(12) Instructional leader.--The term `instructional 
        leader' means an individual who--
                    ``(A) is an employee or officer of a school; and
                    ``(B) is responsible for--
                            ``(i) the school's performance; and
                            ``(ii) the daily instructional and 
                        managerial operations of the school.
            ``(13) Literacy coach.--The term `literacy coach' means a 
        professional--
                    ``(A) who has--
                            ``(i) previous teaching experience; and
                            ``(ii)(I) a master's degree with a 
                        concentration in reading and writing education 
                        or demonstrated proficiency in teaching reading 
                        or writing in a core academic subject 
                        consistent with effective literacy instruction; 
                        or
                            ``(II) in the case of a literacy coach for 
                        children from birth through kindergarten entry, 
                        a concentration, credential, or significant 
                        experience in child development and early 
                        literacy development;
                    ``(B) who supports teachers to--
                            ``(i) apply research on how children become 
                        successful readers, writers, and communicators;
                            ``(ii) apply multiple forms of assessment 
                        to guide instructional decisionmaking and use 
                        data to improve literacy instruction;
                            ``(iii) improve children's writing and 
                        reading in and across content areas such as 
                        mathematics, science, social studies, and 
                        language arts;
                            ``(iv) develop and implement differentiated 
                        instruction and teaching approaches to serve 
                        the needs of the full range of learners, 
                        including English learners and children with 
                        disabilities;
                            ``(v) apply principles of universal design 
                        for learning;
                            ``(vi) employ best practices in engaging 
                        principals, early learning program educators 
                        and administrators, teachers, and other 
                        relevant professionals to change school 
                        cultures that encourage and support literacy 
                        development and achievement; and
                            ``(vii) set for children birth through 
                        kindergarten developmentally appropriate 
                        expectations for language and literacy 
                        development, and high reading and writing 
                        achievement goals for all children and select, 
                        acquire, and use instructional tools and skills 
                        to help children reach such goals; and
                    ``(C) whose role with teachers and professionals 
                supporting literacy instruction is--
                            ``(i) to provide high-quality professional 
                        development, consistent with the definition of 
                        comprehensive literacy instruction;
                            ``(ii) to work cooperatively and 
                        collaboratively with principals, teachers, and 
                        other professionals in employing strategies to 
                        help teachers identify and support child 
                        literacy and language development needs and 
                        teach literacy across the content areas and 
                        developmental domains; and
                            ``(iii) to work cooperatively and 
                        collaboratively with other professionals in 
                        employing strategies to help teachers teach 
                        literacy across the content areas so that the 
                        teachers can meet the needs of all children, 
                        including children with disabilities, English 
                        learners, and children who are reading at or 
                        above grade level.
            ``(14) Local educational agency.--The term `local 
        educational agency'--
                    ``(A) has the meaning given the term in section 
                9101; and
                    ``(B) includes any public charter school that 
                constitutes a local educational agency under State law.
            ``(15) Reading.--The term `reading' means a complex system 
        of deriving meaning from print that is developmentally 
        appropriate, that requires all of the following:
                    ``(A) The skills and knowledge to understand how 
                phonemes, or speech sounds, are connected to print.
                    ``(B) The ability to read with comprehension.
                    ``(C) The ability to decode unfamiliar words with 
                fluency.
                    ``(D) The use of background knowledge and 
                vocabulary to make meaning from a text.
                    ``(E) The development and use of appropriate active 
                strategies to interpret and construct meaning from 
                print.
                    ``(F) The development and maintenance of a 
                motivation to read.
            ``(16) Scientifically valid research.--The term 
        `scientifically valid research' has the meaning given the term 
        in section 200 of the Higher Education Act of 1965 (20 U.S.C. 
        1021).
            ``(17) Screening assessment.--The term `screening 
        assessment' means an assessment that is--
                    ``(A) valid, reliable, and based on scientifically 
                based reading research; and
                    ``(B) a brief procedure designed as a first step in 
                identifying children who may be at high risk for 
                delayed development or academic failure and in need of 
                further diagnosis of their need for special services or 
                additional reading instruction.
            ``(18) State.--The term `State' means each of the 50 
        States, the District of Columbia, and the Commonwealth of 
        Puerto Rico.
            ``(19) State literacy leadership team.--
                    ``(A) In general.--The term `State literacy 
                leadership team' means a team that--
                            ``(i) is appointed and coordinated by the 
                        State educational agency;
                            ``(ii) assumes the responsibility to guide 
                        the development and implementation of a 
                        statewide, comprehensive literacy plan;
                            ``(iii) shall include, at a minimum--
                                    ``(I) a school principal with 
                                literacy expertise;
                                    ``(II) a teacher with literacy 
                                expertise;
                                    ``(III) a teacher or administrator 
                                with expertise in special education;
                                    ``(IV) a teacher or administrator 
                                with expertise in teaching the English 
                                language to English learners;
                                    ``(V) a representative from the 
                                State educational agency who oversees 
                                literacy initiatives; and
                                    ``(VI) a representative from higher 
                                education who is actively involved in 
                                research, development, or teacher 
                                preparation in comprehensive literacy 
                                instruction and intervention based on 
                                scientifically valid research;
                            ``(iv) may include--
                                    ``(I) a literacy specialist serving 
                                in a school district within the State;
                                    ``(II) a literacy coach;
                                    ``(III) a librarian;
                                    ``(IV) a representative with family 
                                literacy expertise;
                                    ``(V) a representative from a State 
                                child-serving agency with expertise in 
                                comprehensive language and literacy 
                                instruction and strategies;
                                    ``(VI) a school counselor;
                                    ``(VII) a teacher of a core 
                                academic subject;
                                    ``(VIII) a special education 
                                administrator;
                                    ``(IX) a professor from a 4-year 
                                institution of higher education;
                                    ``(X) a parent;
                                    ``(XI) a business leader;
                                    ``(XII) the Governor or a delegated 
                                representative of the Governor;
                                    ``(XIII) a representative from the 
                                State board of education;
                                    ``(XIV) a representative from the 
                                State legislature;
                                    ``(XV) a representative of a 
                                nonprofit and community-based 
                                organization providing comprehensive 
                                literacy instruction and support; and
                                    ``(XVI) a representative from a 
                                school district superintendent's 
                                office; and
                            ``(v) shall include, among the individuals 
                        selected to be members of the council pursuant 
                        to clauses (iii) and (iv), not less than 5 
                        individuals who have literacy expertise in 1 of 
                        each of the areas of--
                                    ``(I) birth through kindergarten 
                                entry, such as the State Head Start 
                                collaboration director;
                                    ``(II) kindergarten entry through 
                                grade 3;
                                    ``(III) grades 4 through 12;
                                    ``(IV) English learners; and
                                    ``(V) special education.
                    ``(B) Inclusion of a preexisting partnership.--If, 
                before the date of enactment of the Elementary and 
                Secondary Education Reauthorization Act of 2011, a 
                State educational agency established a consortium, 
                partnership, or any other similar body that was 
                considered a literacy partnership for purposes of 
                subpart 1 or 2 of part B of title I (as such title was 
                in effect on such date) and that includes the 
                individuals required under clauses (iii) and (v) of 
                subparagraph (A), such consortium, partnership, or body 
                may be considered a State literacy leadership team for 
                purposes of subparagraph (A).
            ``(20) Summative assessment.--The term `summative 
        assessment' means an assessment that--
                    ``(A) is valid, reliable, and based on 
                scientifically valid research on literacy and English 
                language acquisition; and
                    ``(B) for children from birth through kindergarten 
                entry, measures how young children have progressed over 
                time relative to developmental norms, and for children 
                in kindergarten through grade 12, measures what 
                children have learned over time, relative to academic 
                content standards.
            ``(21) Writing.--The term `writing' means--
                    ``(A) composing meaning in print or through other 
                media, including technologies, to communicate and to 
                create new knowledge in ways appropriate to the context 
                of the writing and the literacy development stage of 
                the writer;
                    ``(B) composing ideas individually and 
                collaboratively in ways that are appropriate for a 
                variety of purposes, audiences, and occasions;
                    ``(C) choosing vocabulary, tone, genre, and 
                conventions, such as spelling and punctuation, suitable 
                to the purpose, audience, and occasion; and
                    ``(D) revising compositions for clarity of ideas, 
                coherence, logical development, and precision of 
                language use.

``SEC. 4104. PROGRAM AUTHORIZED.

    ``(a) Reservations and Awards to State Educational Agencies.--
            ``(1) In general.--From the amounts appropriated to carry 
        out this part for a fiscal year, the Secretary shall--
                    ``(A) reserve not more than a total of 4 percent of 
                such amounts for dissemination of information and 
                technical assistance under section 4110;
                    ``(B) reserve not more than 5 percent of such 
                amounts to award planning grants, on a competitive 
                basis, to State educational agencies serving States, in 
                accordance with section 4105;
                    ``(C) in the case of a fiscal year for which the 
                amounts to carry out this part are less than 
                $500,000,000, use the amount not reserved under 
                subparagraphs (A) and (B) to make awards, on a 
                competitive basis, to State educational agencies 
                serving States that have applications approved under 
                section 4106 to enable the State educational agencies 
                to carry out the activities described in section 
                4106(a); and
                    ``(D) in the case of a fiscal year for which the 
                amounts appropriated to carry out this part are equal 
                to or exceeding $500,000,000--
                            ``(i) reserve a total of 1 percent of such 
                        amount for--
                                    ``(I) allotments for the United 
                                States Virgin Islands, Guam, American 
                                Samoa, and the Commonwealth of the 
                                Northern Mariana Islands, to be 
                                distributed among such outlying areas 
                                on the basis of their relative need, as 
                                determined by the Secretary in 
                                accordance with the purposes of this 
                                part; and
                                    ``(II) the Secretary of the 
                                Interior for programs under sections 
                                4105 through 4109 in schools operated 
                                or funded by the Bureau of Indian 
                                Education; and
                            ``(ii) use the amount not reserved under 
                        clause (i) and subparagraphs (A) and (B) to 
                        make awards, as described in paragraph (2), to 
                        State educational agencies serving States that 
                        have applications approved under section 4106 
                        to enable the State educational agencies to 
                        carry out the activities described in section 
                        4106(a).
            ``(2) Special rules for years with funds equal or exceeding 
        $500,000,000.--
                    ``(A) Proportional division.--In each fiscal year 
                described in paragraph (1)(D), the amount reserved 
                under paragraph (1)(D)(i) shall be divided between the 
                uses described in subclauses (I) and (II) of such 
                paragraph in the same proportion as the amount reserved 
                under section 1121(a) is divided between the uses 
                described in paragraphs (1) and (2) of such section for 
                such fiscal year.
                    ``(B) Consultation.--A State educational agency 
                that receives an allotment under paragraph (1)(D)(ii) 
                shall engage in timely and meaningful consultation with 
                representatives of Indian tribes located in the State 
                in order to improve the coordination and quality of 
                activities designed to develop effective approaches to 
                achieve the purposes of this part consistent with the 
                cultural, language, and educational needs of Indian 
                children.
                    ``(C) State allotment formula.--The Secretary shall 
                allot the amount made available under paragraph 
                (1)(D)(ii) for a fiscal year among the States in 
                proportion to the number of children, from birth 
                through age 17, who reside within the State and are 
                from families with incomes below the poverty line for 
                the most recent fiscal year for which satisfactory data 
                are available, compared to the number of such children 
                who reside in all States for that fiscal year.
            ``(3) Minimum award amount.--No State educational agency 
        receiving an award under this section for a fiscal year may 
        receive less than one-fourth of 1 percent of the total amount 
        appropriated to carry out this part for the fiscal year.
            ``(4) Puerto rico.--The amount allotted under paragraph 
        (1)(C) to the Commonwealth of Puerto Rico for a fiscal year may 
        not exceed one-fourth of 1 percent of the total amount 
        appropriated to carry out this part for such fiscal year.
    ``(b) Peer Review.--
            ``(1) In general.--The Secretary shall convene a peer 
        review panel to evaluate the applications to carry out section 
        4105 or 4106 using the evaluation criteria described in 
        paragraph (2).
            ``(2) Development of evaluation criteria.--The Secretary 
        shall report to the authorizing committees regarding the peer 
        review process and evaluation criteria that shall be used to 
        evaluate the grant applications to carry out sections 4105 and 
        4106.
            ``(3) Membership.--
                    ``(A) Composition.--A peer review panel convened 
                under paragraph (1) shall be composed of not less than 
                9 members, of whom--
                            ``(i) 3 shall be appointed by the 
                        Secretary;
                            ``(ii) 3 shall be appointed by the 
                        Secretary from among individuals--
                                    ``(I) recommended by the Chairman 
                                of the National Research Council of the 
                                National Academy of Sciences; and
                                    ``(II) with expertise in 
                                comprehensive language and literacy 
                                instruction and strategies; and
                            ``(iii) 3 shall be appointed by the 
                        Secretary from among individuals--
                                    ``(I) recommended by the Director 
                                of the National Institute of Child 
                                Health and Human Development; and
                                    ``(II) with expertise concerning 
                                literacy development in children from 
                                birth through grade 12.
                    ``(B) Competency and expertise; expertise.--The 
                peer review panel convened under paragraph (1) may 
                include--
                            ``(i) classroom teachers with expertise in 
                        literacy, and literacy coaches, including--
                                    ``(I) special education teachers;
                                    ``(II) teachers of children who are 
                                English learners; and
                                    ``(III) early childhood educators;
                            ``(ii) experts who provide high-quality 
                        professional development to teachers and other 
                        instructional staff to support children's 
                        literacy development;
                            ``(iii) experts in the screening 
                        assessment, diagnostic assessment, and other 
                        assessment of children's literacy development; 
                        and
                            ``(iv) experts in comprehensive literacy 
                        instruction and strategies in reading and 
                        writing, language development, and English 
                        language acquisition, as appropriate, including 
                        reading and writing in core academic subjects.
            ``(4) Distribution of recommendations.--Not later than 120 
        days after a peer review panel submits to the Secretary the 
        panel's recommendation regarding an application by a State 
        educational agency for a grant under section 4105 or 4106, the 
        Secretary shall notify the State educational agency that the 
        application has been approved or disapproved and shall provide 
        to such State educational agency a copy of the peer review 
        panel's recommendation.
    ``(c) Conflicts of Interest.--
            ``(1) Peer review panels.--The Secretary shall ensure that 
        each member of a peer review panel described in subsection (b) 
        does not stand to benefit financially from a grant or subgrant 
        awarded under this part.
            ``(2) State literacy leadership teams.--Each State 
        educational agency that receives funding under this part shall 
        ensure that each member of a State literacy leadership team 
        participating in a program or activity assisted under this part 
        does not stand to benefit financially from a grant or subgrant 
        awarded under this part.
    ``(d) Supplement Not Supplant.--Award funds provided under this 
part shall supplement, and not supplant, non-Federal funds that would, 
in the absence of such award funds, be made available for literacy 
instruction and support of children participating in programs assisted 
under this part.
    ``(e) Maintenance of Effort.--Each State educational agency that 
receives a grant or allotment under this section, and each eligible 
entity that receives a subgrant under section 4108 or 4109, shall 
maintain for the fiscal year for which the grant or subgrant is 
received and for each subsequent fiscal year the expenditures of the 
State educational agency or eligible entity, respectively, for literacy 
instruction at a level not less than the level of such expenditures 
maintained by the State educational agency or eligible entity, 
respectively, for the fiscal year preceding such fiscal year for which 
the grant or subgrant is received.

``SEC. 4105. STATE PLANNING GRANTS.

    ``(a) Planning Grants Authorized.--
            ``(1) In general.--From amounts made available under 
        section 4104(a)(1)(B), the Secretary may award planning grants 
        to State educational agencies to enable the State educational 
        agencies to complete comprehensive planning to carry out 
        activities that improve literacy for children from birth 
        through grade 12.
            ``(2) Grant period.--A planning grant awarded under this 
        section shall be for a period of not more than 1 year.
            ``(3) Nonrenewability.--The Secretary shall not award a 
        State educational agency more than 1 planning grant under this 
        section.
    ``(b) Application.--
            ``(1) In general.--Each State educational agency desiring a 
        planning grant under this section shall submit an application 
        to the Secretary at such time, in such manner, and accompanied 
        by such information as the Secretary may require.
            ``(2) Contents.--Each application submitted under this 
        subsection shall, at a minimum, include a description of how 
        the State educational agency will develop a plan for improving 
        State efforts to develop, coordinate, implement, and assess 
        comprehensive literacy activities that ensure high-quality 
        instruction and effective strategies in reading and writing for 
        all children in early learning programs and kindergarten 
        through grade 12 programs. Such plan shall--
                    ``(A) describe the activities for which assistance 
                under this section is sought, demonstrating a 
                particular focus on children who are reading or writing 
                below grade level and children whose early literacy 
                skills are below the appropriate age or developmental 
                level;
                    ``(B) provide a budget for the use of the planning 
                grant funds to complete the required activities 
                described in subsection (c);
                    ``(C) include an analysis of data on child literacy 
                and language and student academic achievement in 
                reading to identify and establish baseline and 
                benchmark levels against which to monitor child 
                progress and improvement in literacy; and
                    ``(D) provide an assurance that all State agencies 
                responsible for administering early learning programs 
                and services (including the State Head Start 
                Collaboration Office and the State agency responsible 
                for administering child care) and the State Advisory 
                Council on Early Childhood Education and Care 
                collaborated with the State educational agency to write 
                the early learning portion of the grant application 
                submitted under this subsection.
            ``(3) Approval of applications.--The Secretary shall 
        evaluate applications under this subsection based on the 
        responsiveness of the applications to the requirements under 
        this subsection.
    ``(c) Required Activities.--A State educational agency receiving 
planning grant funds under this section shall carry out each of the 
following activities:
            ``(1) Reviewing reading, writing, or other language and 
        literacy resources and programs, such as school library 
        programs, and data across the State to identify any literacy 
        needs and gaps in the State.
            ``(2) Forming or designating a State literacy leadership 
        team which shall execute the following functions:
                    ``(A) Creating a comprehensive State literacy plan 
                that--
                            ``(i) is designed to improve language 
                        development, reading, writing, and academic 
                        achievement for children, especially children 
                        reading below grade level and children whose 
                        literacy skills are below the appropriate age 
                        or developmental level;
                            ``(ii) includes--
                                    ``(I) a needs assessment and an 
                                implementation plan, including an 
                                analysis of data on child literacy and 
                                student academic achievement in reading 
                                to identify baseline and benchmark 
                                levels of literacy and early literacy 
                                skills in order to monitor progress and 
                                improvement; and
                                    ``(II) a plan to improve reading 
                                achievement among all children;
                            ``(iii) ensures high-quality instruction, 
                        consistent with the characteristics of 
                        effective literacy instruction and strategies, 
                        in early learning programs and kindergarten 
                        through grade 12 programs; and
                            ``(iv) provides for activities designed to 
                        improve literacy achievement for children who 
                        read or write below grade level, including such 
                        children who--
                                    ``(I) attend schools that are 
                                identified under section 1116(c)(2); or
                                    ``(II) are counted under section 
                                1124(c);
                    ``(B) Providing recommendations to guide the State 
                educational agency in the State educational agency's 
                process of strengthening State literacy standards and 
                embedding State literacy standards with the State's 
                college and career ready academic content standards and 
                college and career ready student academic achievement 
                standards, and early learning and development 
                standards.
                    ``(C) Providing recommendations to guide the State 
                educational agency in the State educational agency's 
                process of measuring, assessing, and monitoring 
                progress in literacy at the school, local educational 
                agency, and State levels.
                    ``(D) Identifying criteria for high-quality 
                professional development providers, which providers may 
                include qualified teachers within the State, for the 
                State educational agency and local educational 
                agencies.
                    ``(E) Advising the State educational agency on how 
                to help ensure that local educational agencies and 
                schools provide timely and appropriate data to teachers 
                to inform and improve instruction.
                    ``(F) Providing recommendations to guide the State 
                educational agency in the State educational agency's 
                planning process of building educators' capacity to 
                provide high-quality comprehensive literacy 
                instruction.

``SEC. 4106. STATE IMPLEMENTATION GRANTS.

    ``(a) Implementation Grants Authorized.--
            ``(1) In general.--From amounts made available under 
        subparagraphs (C) or (D)(ii) of section 4104(a)(1) (as 
        applicable), the Secretary shall award implementation grants to 
        State educational agencies to enable the State educational 
        agencies--
                    ``(A) to implement the comprehensive literacy plan 
                that meets the criteria in section 4105(c)(2)(A) for 
                early learning programs and kindergarten through grade 
                12 programs;
                    ``(B) to carry out State activities under section 
                4107; and
                    ``(C) to award subgrants under sections 4108 and 
                4109.
            ``(2) Limitation.--The Secretary shall not award an 
        implementation grant under this section to a State for any year 
        for which the State has received a planning grant under section 
        4105.
            ``(3) Duration of grants.--An implementation grant under 
        this section shall be awarded for a period of not more than 5 
        years.
            ``(4) Renewals.--
                    ``(A) In general.--The Secretary may renew a grant 
                under this section for a period of not more than 2 
                years.
                    ``(B) Conditions.--In order to be eligible to have 
                an implementation grant renewed under this paragraph, 
                the State educational agency shall demonstrate to the 
                satisfaction of the Secretary that, during the project 
                period--
                            ``(i) with respect to children from birth 
                        through kindergarten entry, the State 
                        educational agency has collaborated with the 
                        State agencies that oversee child care and 
                        other early learning programs, and has 
                        collaborated with the State Advisory Council on 
                        Early Childhood Education and Care, to comply 
                        with the terms of the grant, including using 
                        the funds--
                                    ``(I) to increase access to high-
                                quality professional development;
                                    ``(II) for developmentally 
                                appropriate curricula and teaching 
                                materials; and
                                    ``(III) for developmentally 
                                appropriate classroom-based 
                                instructional assessments and 
                                developmentally appropriate screening 
                                assessments and diagnostic assessments; 
                                and
                            ``(ii) with respect to children in 
                        kindergarten through grade 12, demonstrates 
                        that there has been significant progress in 
                        student academic achievement, as measured by 
                        appropriate assessments, including the 
                        assessments included in the State 
                        accountability system under section 
                        1111(a)(3)(A).
    ``(b) State Applications.--
            ``(1) In general.--A State educational agency that desires 
        to receive an implementation grant under this section shall 
        submit an application to the Secretary at such time, in such 
        manner, and containing such information as the Secretary may 
        require. The State educational agency shall collaborate with 
        the State agency responsible for administering early learning 
        programs and the State agency responsible for administering 
        child care programs in the State in writing and implementing 
        the early learning portion of the grant application under this 
        subsection.
            ``(2) Contents.--An application described in paragraph (1) 
        shall include the following:
                    ``(A) A description of the members of the State 
                literacy leadership team and a description of how the 
                State educational agency has developed a comprehensive 
                State literacy plan, consistent with the requirements 
                of section 4105(c)(2)(A).
                    ``(B) An implementation plan that includes a 
                description of how the State educational agency will--
                            ``(i) carry out the State activities 
                        described in section 4107;
                            ``(ii) assist eligible entities with--
                                    ``(I) providing strategic and 
                                intensive comprehensive literacy 
                                instruction based on scientifically 
                                valid research for children who are 
                                reading and writing below grade level, 
                                including through--
                                            ``(aa) the use of 
                                        multitiered systems of support; 
                                        and
                                            ``(bb) addressing the 
                                        literacy needs of children with 
                                        disabilities or developmental 
                                        delays and English learners in 
                                        programs serving children from 
                                        birth through grade 12;
                                    ``(II) providing training to 
                                parents, as appropriate, so that the 
                                parents can participate in the literacy 
                                related activities described in 
                                sections 4108 and 4109 to assist in the 
                                language and literacy development of 
                                their children;
                                    ``(III) selecting and using reading 
                                and writing assessments;
                                    ``(IV) providing classroom-based 
                                instruction that is supported by one-
                                to-one and small group work;
                                    ``(V) using curricular materials 
                                and instructional tools, which may 
                                include technology, to improve 
                                instruction and literacy achievement;
                                    ``(VI) providing for high-quality 
                                professional development; and
                                    ``(VII) using the principles of 
                                universal design for learning;
                            ``(iii) ensure that local educational 
                        agencies in the State have leveraged and are 
                        effectively leveraging the resources needed to 
                        implement effective comprehensive literacy 
                        instruction, and have the capacity to implement 
                        literacy initiatives effectively; and
                            ``(iv) continually coordinate and align the 
                        activities assisted under this part with 
                        reading, writing, and other literacy resources 
                        and programs across the State and locally that 
                        serve children and their families and promote 
                        comprehensive literacy instruction and 
                        learning, including strengthening partnerships 
                        among schools, libraries, local youth-serving 
                        agencies, and programs, in order to improve 
                        literacy for all children.
                    ``(C) A description of the key data metrics, and 
                the performance targets for such metrics, that will be 
                used and reported annually under section 4111(b)(1), 
                which shall include--
                            ``(i) metrics established consistent with 
                        section 1111(a)(3)(A), for children in grades 3 
                        through 12; and
                            ``(ii) the relevant program metrics and 
                        performance targets that the State shall use to 
                        monitor the implementation of its plan under 
                        section 4111.
                    ``(D) An assurance that the State educational 
                agency, and any eligible entity receiving a subgrant 
                from the State educational agency under section 4108 or 
                4109, will, if requested, participate in the national 
                evaluation under section 4110.
                    ``(E) An assurance that the State educational 
                agency will use implementation grant funds for literacy 
                programs as follows:
                            ``(i) Not less than 10 percent of such 
                        grant funds shall be used for State and local 
                        programs and activities pertaining to children 
                        from birth through kindergarten entry.
                            ``(ii) Not less than 30 percent of such 
                        grant funds shall be used for State and local 
                        programs and activities, allocated equitably 
                        among the grades of kindergarten through grade 
                        5.
                            ``(iii) Not less than 30 percent of such 
                        grant funds shall be used for State and local 
                        programs and activities, allocated equitably 
                        among grades 6 through 12.
                            ``(iv) Not more than 10 percent of such 
                        implementation grant funds shall be used for 
                        the State activities described in section 4107.
                    ``(F) An assurance that the State educational 
                agency shall give priority to awarding a subgrant to an 
                eligible entity--
                            ``(i) under section 4108 based on the 
                        number or percentage of children younger than 
                        the age of kindergarten entry who are--
                                    ``(I) served by the eligible 
                                entity; and
                                    ``(II) from families with income 
                                levels below the poverty line; and
                            ``(ii) under section 4109 based on--
                                    ``(I) the number or percentage of 
                                children from birth through age 17 who 
                                are--
                                            ``(aa) served by the 
                                        eligible entity; and
                                            ``(bb) from families with 
                                        income levels below the poverty 
                                        line; and
                                    ``(II) the number or percentage of 
                                children in kindergarten through grade 
                                12 served by the eligible entity who 
                                are reading and writing below grade 
                                level according to State assessments.
    ``(c) Approval of Applications.--
            ``(1) In general.--The Secretary shall evaluate State 
        educational agency applications under subsection (b) based on 
        the responsiveness of the applications to the application 
        requirements under such subsection.
            ``(2) Peer review.--The Secretary shall convene a peer 
        review panel in accordance with section 4104(b) to evaluate 
        applications for each implementation grant awarded to a State 
        educational agency under this section.
            ``(3) Early learning.--In order for a State educational 
        agency's application under this section to be approved by the 
        Secretary, the application shall contain an assurance that the 
        State agencies responsible for administering early learning 
        programs and services, including the State agency responsible 
        for administering child care programs, and the State Advisory 
        Council on Early Childhood Education and Care, approve of and 
        will be extensively consulted in the implementation of 
        activities consistent with section 4108, with respect to the 
        early learning portion of the application.

``SEC. 4107. STATE ACTIVITIES.

    ``(a) Required Activities.--A State educational agency shall use 
the implementation grant funds described in section 4106(b)(2)(E)(iv) 
to carry out the activities proposed in a State's implementation plan 
under section 4106(b)(2)(B), including the following activities:
            ``(1) In consultation with the State literacy leadership 
        team, providing technical assistance, or engaging qualified 
        providers to provide technical assistance, to eligible entities 
        to enable the eligible entities to design and implement 
        literacy programs under section 4108 or 4109.
            ``(2) Consulting with the State literacy leadership team 
        and coordinating with institutions of higher education in the 
        State--
                    ``(A) in order to provide recommendations to 
                strengthen and enhance preservice courses for students 
                preparing, at institutions of higher education in the 
                State, to teach children from birth through grade 12 in 
                explicit, systematic, and intensive instruction in 
                evidence-based literacy methods; and
                    ``(B) by following up on reviews completed by the 
                State literacy leadership team with recommendations to 
                ensure that such institutions offer courses that meet 
                the highest standards.
            ``(3) Reviewing and updating, in collaboration with 
        teachers, statewide educational and professional organizations 
        representing teachers, and statewide educational and 
        professional organizations representing institutions of higher 
        education, State licensure or certification standards in the 
        area of literacy instruction in early education through grade 
        12.
            ``(4) Making publicly available, including on the State 
        educational agency's website, information on promising 
        instructional practices to improve child literacy achievement.
    ``(b) Permissive Activities.--After carrying out the activities 
described in subsection (a), a State educational agency may use 
remaining implementation grant funds described in section 
4106(b)(2)(E)(iv) to carry out 1 or more of the following activities:
            ``(1) Training the personnel of eligible entities to use 
        data systems to improve child literacy learning.
            ``(2) Developing literacy coach training programs and 
        training literacy coaches.
            ``(3) Building public support among local educational 
        agency personnel, early learning programs, and the community 
        for comprehensive literacy instruction for children from birth 
        through grade 12.
            ``(4) Administration and evaluation of activities carried 
        out under this part.

``SEC. 4108. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH THROUGH 
              KINDERGARTEN ENTRY LITERACY.

    ``(a) Subgrants.--
            ``(1) In general.--A State educational agency, in 
        consultation with the State agencies responsible for 
        administering early learning programs and services, including 
        the State agency responsible for administering child care 
        programs, and the State Advisory Council on Early Childhood 
        Education and Care, shall use a portion of implementation grant 
        funds provided under subparagraph (C) or (D)(ii) of section 
        4104(a)(1) to award subgrants, on a competitive basis, to 
        eligible entities to enable the eligible entities to support 
        high-quality early literacy initiatives for children from birth 
        through kindergarten entry.
            ``(2) Duration.--The term of a subgrant under this section 
        shall be determined by the State educational agency awarding 
        the subgrant.
    ``(b) Sufficient Size and Scope.--Each subgrant awarded under this 
section shall be of sufficient size and scope to allow the eligible 
entity to carry out high-quality early literacy initiatives for 
children from birth through kindergarten entry.
    ``(c) Local Applications.--An eligible entity desiring to receive a 
subgrant under this section shall submit an application to the State 
educational agency, at such time, in such manner, and containing such 
information as the State educational agency may require. Such 
application shall include a description of--
            ``(1) how the subgrant funds will be used to enhance the 
        language and literacy development and school readiness of 
        children, from birth through kindergarten entry, in early 
        learning programs, which shall include an analysis of data that 
        support the proposed use of subgrant funds;
            ``(2) the programs that the eligible entity proposes to 
        assist under the subgrant, including demographic and 
        socioeconomic information on the children enrolled in the 
        programs;
            ``(3) a budget for the eligible entity that projects the 
        cost of developing and implementing literacy initiatives to 
        carry out the activities described in subsection (e);
            ``(4) how, if the eligible entity is requesting a planning 
        period, which shall not exceed 1 year, the eligible entity will 
        use that planning period to prepare for successful 
        implementation of a plan to support the development of learning 
        and literacy consistent with the purposes of this part;
            ``(5) the literacy initiatives, if any, in place and how 
        these initiatives will be coordinated and integrated with 
        activities supported under this section;
            ``(6) how the subgrant funds will be used to prepare and 
        provide ongoing assistance to staff in the programs, through 
        high-quality professional development;
            ``(7) how the subgrant funds will be used to provide 
        services, incorporate activities, and select and use literacy 
        instructional materials that--
                    ``(A) meet the diverse developmental and linguistic 
                needs of children, including English learners and 
                children with disabilities and developmental delays; 
                and
                    ``(B) are based on scientifically valid research on 
                child development and learning for children from birth 
                through kindergarten entry;
            ``(8) how the subgrant funds will be used to provide 
        screening assessments, diagnostic assessments, and classroom-
        based instructional assessments and assessments of 
        developmental progress;
            ``(9) how families and caregivers will be involved, as 
        appropriate, in supporting their child's literacy development, 
        instruction, and assessment;
            ``(10) how the subgrant funds will be used to help 
        children, particularly children experiencing difficulty with 
        spoken and written language, to make the transition from early 
        childhood education programs to formal classroom instruction;
            ``(11) how the activities assisted under the subgrant will 
        be coordinated with comprehensive literacy instruction at the 
        kindergarten through grade 12 levels;
            ``(12) how the subgrant funds will be used--
                    ``(A) to evaluate the success of the activities 
                assisted under the subgrant in enhancing the early 
                language and literacy development of children from 
                birth through kindergarten entry; and
                    ``(B) to evaluate data for program improvement; and
            ``(13) such other information as the State educational 
        agency may require.
    ``(d) Approval of Local Applications.--The State educational 
agency, in consultation with the State agencies responsible for 
administering early learning programs, including the State agency 
responsible for administering child care programs and the State 
Advisory Council on Early Childhood Education and Care, shall--
            ``(1) select applications for funding under this section 
        based on the quality of the applications submitted, including 
        the relationship between literacy activities proposed and the 
        research base or data supporting such investments, as 
        appropriate, and the recommendations of--
                    ``(A) the State literacy leadership team; and
                    ``(B) other experts in the area of early literacy; 
                and
            ``(2) place priority for funding programs based on the 
        criteria in section 4106(b)(2)(F).
    ``(e) Local Uses of Funds.--
            ``(1) In general.--An eligible entity that receives a 
        subgrant under this section shall use the subgrant funds, 
        consistent with the entity's approved application under 
        subsection (c), to--
                    ``(A) enhance and improve early learning programs 
                to ensure that children in such programs are provided 
                with high-quality oral language and literature- and 
                print-rich environments in which to develop early 
                literacy skills;
                    ``(B) carry out high-quality professional 
                development opportunities for early childhood 
                educators, teachers, and instructional leaders;
                    ``(C) acquire, provide training for, and implement 
                screening assessments, diagnostic assessments, and 
                classroom-based instructional assessments;
                    ``(D) select, develop, and implement a multitier 
                system of support;
                    ``(E) integrate research-based instructional 
                materials, activities, tools, and measures into the 
                programs offered by the eligible entity to improve 
                development of early learning language and literacy 
                skills;
                    ``(F) train providers and personnel to support, 
                develop, and administer high-quality early learning 
                literacy initiatives that--
                            ``(i) utilize data--
                                    ``(I) to inform instructional 
                                design; and
                                    ``(II) to assess literacy needs; 
                                and
                            ``(ii) provide time and support for 
                        personnel to meet to plan comprehensive 
                        literacy instruction;
                    ``(G) provide family literacy services, as 
                appropriate, and educate parents, teachers, and other 
                caregivers about child literacy development;
                    ``(H) annually collect, summarize, and report to 
                the State educational agency data--
                            ``(i) to document child progress in early 
                        literacy and language skills development as a 
                        result of activities carried out under this 
                        section;
                            ``(ii) to stimulate and accelerate 
                        improvement by identifying the programs served 
                        by the eligible entity that produce significant 
                        gains in skills development; and
                            ``(iii) for all subgroups of children and 
                        categories of children, including children in 
                        the subgroups described in section 
                        1111(a)(2)(B)(ix), in a manner that--
                                    ``(I) utilizes a variety of 
                                measures of child literacy and language 
                                skills development; and
                                    ``(II) is consistent across the 
                                State; and
                    ``(I) coordinate the involvement of families, early 
                learning program staff, principals, other instructional 
                leaders, and teachers in literacy development of 
                children served under this part.
            ``(2) Curricula and assessment materials limitation.--Each 
        eligible entity that receives a subgrant under this section 
        shall not use more than 20 percent of the subgrant funds in the 
        first year of subgrant funding, and not more than 10 percent of 
        the subgrant funds in each year thereafter, to purchase 
        curricula and assessment materials.
    ``(f) Prohibition.--The use of assessment items and data on any 
assessment authorized under this section to provide rewards or 
sanctions for individual children, early learning program providers, 
teachers, program directors, or principals is prohibited.

``SEC. 4109. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF KINDERGARTEN 
              THROUGH GRADE 12 LITERACY.

    ``(a) Subgrants to Local Educational Agencies.--
            ``(1) Subgrants.--A State educational agency shall use a 
        portion of the implementation grant funds provided under 
        subparagraph (C) or (D)(ii) of section 4104(a)(1) to award 
        subgrants, on a competitive basis, to eligible entities to 
        enable the eligible entities to carry out the authorized 
        activities described in subsections (b) and (c).
            ``(2) Sufficient size and scope.--A State educational 
        agency shall award subgrants under this section of sufficient 
        size and scope to allow the eligible entities to carry out 
        high-quality literacy initiatives in each grade level for which 
        the subgrant funds are provided.
            ``(3) Local applications.--An eligible entity desiring to 
        receive a subgrant under this section shall submit an 
        application to the State educational agency at such time, in 
        such manner, and containing such information as the State 
        educational agency may require. Such application shall include, 
        for each school that the eligible entity identifies as 
        participating in a subgrant program under this section, the 
        following information:
                    ``(A) A description of the eligible entity's 
                capacity survey conducted to identify how subgrant 
                funds will be used to inform and improve comprehensive 
                literacy instruction at the school.
                    ``(B) How the school, local educational agency, or 
                a provider of high-quality professional development 
                will provide ongoing high-quality professional 
                development to all teachers, including early childhood 
                educators, principals, and other instructional leaders 
                served by the school, including early learning program 
                administrators.
                    ``(C) How the school will identify children in need 
                of literacy interventions or other support services and 
                provide appropriate scientifically valid instructional 
                interventions or other support services which may 
                include extended learning time for struggling children.
                    ``(D) A budget for the school that projects the 
                cost of developing and implementing literacy 
                initiatives to carry out the activities described in 
                subsections (b) and (c) as applicable.
                    ``(E) An explanation of how the school will 
                integrate comprehensive literacy instruction into core 
                academic subjects.
                    ``(F) A description of how the school will 
                coordinate comprehensive literacy instruction with 
                early learning and after-school programs and activities 
                in the area served by the local educational agency, 
                such as school library programs.
                    ``(G) A description of the assessments that will be 
                used in an assessment system to improve comprehensive 
                literacy instruction and track child literacy progress.
                    ``(H) A description of how families and caregivers 
                will be involved in supporting their children's 
                literacy instruction and assessment.
                    ``(I) A description of how, if an eligible entity 
                is requesting a planning period, the eligible entity 
                will use that planning period to prepare for successful 
                implementation of a plan to support the development of 
                learning and literacy consistent with the purposes of 
                this part.
                    ``(J) A description of the literacy initiatives, if 
                any, in place and how these initiatives will be 
                coordinated and integrated with activities supported 
                under this section.
                    ``(K) An assurance that the eligible entity will, 
                if requested, participate in the national evaluation 
                described in section 4110.
    ``(b) Local Uses of Funds for Kindergarten Through Grade 5.--An 
eligible entity that receives a subgrant under this section shall use 
the subgrant funds to carry out the following activities pertaining to 
children in kindergarten through grade 5:
            ``(1) Developing and implementing a literacy plan across 
        content areas that--
                    ``(A) serves the needs of all children, including 
                children with disabilities and English learners, 
                especially children who are reading or writing below 
                grade level;
                    ``(B) provides intensive, supplemental, 
                accelerated, and explicit intervention and support in 
                reading and writing for children whose literacy skills 
                are below grade level; and
                    ``(C) supports activities that are provided 
                primarily during the regular school day but which may 
                be augmented by after-school and out-of-school time 
                instruction.
            ``(2) Acquiring, providing training for, selecting, and 
        administering assessments, and managing, monitoring, and 
        planning instruction based on the assessment data.
            ``(3) Providing high-quality professional development 
        opportunities for teachers, literacy coaches, literacy 
        specialists, English as a second language specialists (as 
        appropriate), principals, and other program staff.
            ``(4) Training principals, specialized instructional 
        support personnel, and other school district personnel to 
        support, develop, administer, and evaluate high-quality 
        kindergarten through grade 5 literacy initiatives that--
                    ``(A) utilize data--
                            ``(i) to inform instructional decisions; 
                        and
                            ``(ii) to assess professional development 
                        needs; and
                    ``(B) provide time and support for teachers to meet 
                to plan comprehensive literacy instruction.
            ``(5) Coordinating the involvement of early learning 
        program staff, principals, other instructional leaders, 
        teachers, teacher literacy teams, English as a second language 
        specialists (as appropriate), special educators, and school 
        librarians in the literacy development of children served under 
        this part.
            ``(6) Engaging families and encouraging family literacy 
        experiences and practices to support literacy development.
            ``(7) Annually collecting, summarizing, and reporting to 
        the State educational agency data--
                    ``(A) to document and monitor for the purpose of 
                improving practice, improvements, or increases in 
                children's reading and writing pursuant to activities 
                carried out under this section;
                    ``(B) to stimulate and accelerate improvement by 
                identifying the schools that produce significant gains 
                in literacy achievement; and
                    ``(C) for all children and categories of children, 
                including the subgroups of children described in 
                section 1111(a)(2)(B)(ix), in a manner that utilizes a 
                variety of measures and that is consistent across the 
                State.
    ``(c) Local Uses of Funds for Grades 6 Through 12.--An eligible 
entity that receives a subgrant under this section shall use subgrant 
funds to carry out the following activities pertaining to children in 
grades 6 through 12:
            ``(1) Developing and implementing a literacy plan described 
        in paragraphs (1), (2), (3), (6), and (7) of subsection (b) for 
        children in grades 6 through 12.
            ``(2) Training principals, specialized instructional 
        support personnel, and other instructional leaders to support, 
        develop, administer, and evaluate high-quality adolescent 
        literacy initiatives that--
                    ``(A) utilize data--
                            ``(i) to inform instructional decisions and 
                        allow for personalization of instruction based 
                        on a child's need; and
                            ``(ii) to assess professional development 
                        needs;
                    ``(B) assess the quality of adolescent 
                comprehensive literacy instruction in core academic 
                subjects, and career and technical education subjects 
                where such career and technical education subjects 
                provide for the integration of core academic subjects;
                    ``(C) provide time for teachers to meet to plan 
                research-based adolescent comprehensive literacy 
                instruction in core academic subjects, and career and 
                technical education subjects where such career and 
                technical education subjects provide for the 
                integration of core academic subjects; and
                    ``(D) include explicit instruction in discipline-
                specific thinking and how to read and interpret 
                discipline-specific text structures and features.
            ``(3) Coordinating the involvement of principals, other 
        instructional leaders, teachers, teacher literacy teams, 
        English as a second language specialists (as appropriate), 
        special educators, and school librarians in the literacy 
        development of children served under this part.
    ``(d) Allowable Uses.--An eligible entity that receives a subgrant 
under this section may, in addition to carrying out the activities 
described in subsections (b) and (c), use subgrant funds to carry out 
the following activities pertaining to children in kindergarten through 
grade 12:
            ``(1) Providing a planning period of not more than 1 year 
        for eligible entities to establish the elements necessary for 
        successful implementation of a literacy program for 
        kindergarten through grade 12.
            ``(2) Recruiting, placing, training, and compensating 
        literacy coaches.
            ``(3) Connecting out-of-school learning opportunities to 
        in-school learning in order to improve the literacy achievement 
        of the children.
            ``(4) Training families and caregivers to support the 
        improvement of adolescent literacy.
            ``(5) Providing for a multitier system of support.
            ``(6) Forming a school literacy leadership team to help 
        implement, assess, and identify necessary changes to the 
        literacy initiatives in 1 or more schools to ensure success.
            ``(7) Providing high-quality, literacy-rich environments 
        that engage children with materials and experiences at the 
        children's reading and writing levels.
            ``(8) Providing time for teachers (and other literacy 
        staff, as appropriate, such as school librarians) to meet to 
        plan comprehensive literacy instruction.
    ``(e) Limitation of Use to Certain Schools.--An eligible entity 
receiving a subgrant under this section shall, in distributing the 
subgrant funds, provide the subgrant funds only to schools, including 
public charter schools, that have the highest percentages or numbers of 
children counted under section 1124(c).

``SEC. 4110. NATIONAL EVALUATION, INFORMATION DISSEMINATION, AND 
              TECHNICAL ASSISTANCE.

    ``(a) National Evaluation.--
            ``(1) In general.--From the amount reserved in accordance 
        with section 9601, the Secretary shall enter into a contract 
        with an organization independent of the Department for a 5-year 
        national evaluation of the grant and subgrant programs assisted 
        under this part. Such evaluation shall include scientifically 
        valid research that applies rigorous and systematic procedures 
        to obtain valid knowledge relevant to the implementation and 
        effect of the programs.
            ``(2) Contents of evaluation.--The evaluation described in 
        this subsection shall include an analysis of each of the 
        following:
                    ``(A) The impact of the implementation of literacy 
                initiatives and practices supported under this part 
                on--
                            ``(i) increasing academic outcomes, 
                        including child literacy development in reading 
                        and writing, and speaking (as appropriate), 
                        grade promotion, and graduation to the extent 
                        predictable;
                            ``(ii) promoting the appropriate early 
                        literacy development of young children; and
                            ``(iii) strengthening the literacy skills 
                        of English learners and children with 
                        disabilities.
                    ``(B) The fidelity of implementation of core 
                program features, such as coherence of the program 
                across grades, quality of technical assistance, State 
                and local educational agency leadership, professional 
                development for teachers and administrators, use of 
                quality materials and pedagogy, and use of assessment.
                    ``(C) The relationship between implementation of 
                core features and children's academic outcomes.
                    ``(D) Other inquiries as designated by the 
                Secretary, such as--
                            ``(i) the core functions of literacy 
                        initiatives that have demonstrated the greatest 
                        impact on child literacy achievement, 
                        especially among children reading below grade 
                        level;
                            ``(ii) effective strategies to integrate 
                        State and local standards, curricula, 
                        assessments, instruction, materials, and 
                        interventions to improve literacy;
                            ``(iii) the types of literacy activities 
                        and professional development that most 
                        effectively improve the early reading, writing, 
                        and language skills of children from birth 
                        through kindergarten entry;
                            ``(iv) the impact of adolescent literacy 
                        initiatives on adolescent motivation, 
                        engagement, and participation in adolescent 
                        literacy activities;
                            ``(v) the relationship between children's 
                        literacy achievement and secondary school 
                        success, including improving graduation rates; 
                        and
                            ``(vi) effective strategies to integrate 
                        school and public library programs to improve 
                        literacy.
            ``(3) Program improvement.--The Secretary shall--
                    ``(A) provide the findings of the evaluation 
                conducted under this section to State educational 
                agencies and subgrant recipients for use in program 
                improvement;
                    ``(B) make such findings publicly available, 
                including on the Department's website; and
                    ``(C) submit such findings to the authorizing 
                committees.
    ``(b) Information Dissemination and Technical Assistance.--
            ``(1) In general.--From amounts reserved under section 
        4104(a)(1)(A), the Secretary, in collaboration with the 
        regional educational laboratories established under section 174 
        of the Education Sciences Reform Act of 2002, the comprehensive 
        centers established under section 203 of the Educational 
        Technical Assistance Act of 2002, and the Director of the 
        National Institute of Child Health and Human Development, 
        shall--
                    ``(A) distribute information on--
                            ``(i) comprehensive literacy instruction, 
                        including best practices and model programs 
                        identified in the evaluation;
                            ``(ii) other inquiries designated by the 
                        Secretary under subsection (a)(2)(D); or
                            ``(iii) other relevant Federal studies of 
                        literacy activities; and
                    ``(B) provide technical assistance in order to 
                assist States and local educational agencies in 
                improving comprehensive literacy instruction and 
                learning.
            ``(2) Dissemination and coordination.--The Secretary shall 
        disseminate the information described in paragraph (1)(A) to--
                    ``(A) recipients of Federal financial assistance 
                under this part, the Head Start Act, the Individuals 
                with Disabilities Education Act, and the Adult 
                Education and Family Literacy Act; and
                    ``(B) each Bureau-funded school (as defined in 
                section 1141 of the Education Amendments of 1978 (25 
                U.S.C. 2021)).
            ``(3) Use of networks.--In carrying out this subsection, 
        the Secretary shall, to the extent practicable, use information 
        and dissemination networks developed and maintained through 
        other public and private entities.

``SEC. 4111. CONSEQUENCES OF INSUFFICIENT PROGRESS, REPORTING 
              REQUIREMENTS, AND CONFLICTS OF INTEREST.

    ``(a) Consequences of Insufficient Progress.--
            ``(1) Consequences for grant recipients.--If the Secretary 
        determines that a State educational agency receiving an award 
        under subparagraph (C) or (D)(ii) of section 4104(a)(1), or an 
        eligible entity receiving a subgrant under section 4108 or 
        4109, is not making significant progress in meeting the 
        purposes of this part and the key data metrics identified by 
        the State educational agency in section 4106(b)(2)(C) after the 
        submission of a report described in subsection (b), then the 
        Secretary may withhold, in whole or in part, further payments 
        under this part in accordance with section 455 of the General 
        Education Provisions Act or take such other action authorized 
        by law as the Secretary determines necessary, including 
        providing technical assistance upon request of the State 
        educational agency, or eligible entity, respectively.
            ``(2) Consequences for subgrant recipients.--
                    ``(A) In general.--A State educational agency 
                receiving an award under subparagraph (C) or (D)(ii) of 
                section 4104(a)(1) may refuse to award subgrant funds 
                to an eligible entity under section 8 or 9 if the State 
                educational agency finds that the eligible entity is 
                not making significant progress in meeting the purposes 
                of this part, after--
                            ``(i) affording the eligible entity notice, 
                        a period for correction, and an opportunity for 
                        a hearing; and
                            ``(ii) providing technical assistance to 
                        the eligible entity.
                    ``(B) Funds available.--Subgrant funds not awarded 
                under subparagraph (A) shall be redirected to an 
                eligible entity serving similar children in the same 
                area or region as the eligible entity not awarded the 
                subgrant funds, to the greatest extent practicable.
    ``(b) Reporting Requirements.--
            ``(1) State educational agency annual reports.--Each State 
        educational agency receiving an award under subparagraph (C) or 
        (D)(ii) of section 4104(a)(1) shall report annually to the 
        Secretary regarding the State educational agency's progress in 
        addressing the purposes of this part. Such report shall include 
        at a minimum data, for each subgrantee, and for the State, on 
        the metrics identified under section 4106(b)(2)(C), such as--
                    ``(A) the number and percentage of children reading 
                and writing on grade level by the end of grade 3;
                    ``(B) the percent of children served under the 
                award who receive special education and related 
                services; and
                    ``(C) the degree of appropriate developmental 
                progress or literacy achievement growth of children, 
                disaggregated by the subgroups described in section 
                1111(a)(2)(B)(ix).
            ``(2) Periodic reports.--Each State educational agency 
        receiving an award under subparagraph (C) or (D)(ii) of section 
        4104(a)(1) shall periodically report to the Secretary regarding 
        the State educational agency's progress in addressing the 
        purposes of this part. Such reports shall be submitted at such 
        times, and in such manner, as the Secretary shall establish, 
        and shall, over the term of the grant, include descriptions 
        of--
                    ``(A) the professional development activities 
                provided under the award, including types of activities 
                and entities involved in providing professional 
                development to classroom teachers and other program 
                staff, such as school librarians;
                    ``(B) instruction, strategies, activities, 
                curricula, materials, and assessments used in the 
                programs funded under the award;
                    ``(C) the types of programs funded under the award 
                and demographic information, including ages, of the 
                children served by the programs funded under the award, 
                except that such information shall not be personally 
                identifiable;
                    ``(D) the experience and qualifications of the 
                program staff who provide comprehensive literacy 
                instruction under the programs funded under the award, 
                including the experience and qualifications of those 
                staff working with children with disabilities or 
                developmental delay, with English learners, and with 
                children from birth to kindergarten entry; and
                    ``(E) student performance on relevant program 
                metrics, as identified in the State educational 
                agency's plan, such as--
                            ``(i) the number of children reading and 
                        writing on grade level by the end of the third 
                        grade;
                            ``(ii) the percent of students served under 
                        this part receiving special education services;
                            ``(iii) the instruction and activities 
                        delivered to at-risk students served under this 
                        part; and
                            ``(iv) the professional development 
                        activities provided to teachers participating 
                        under this part.
            ``(3) Eligible entity reports.--Each eligible entity 
        receiving a subgrant under section 4108 or 4109 shall report to 
        the State educational agency regarding the eligible entity's 
        progress in addressing the purposes of this part. Any such 
        report shall be submitted at such time, and in such manner, as 
        the State educational agency shall establish, consistent with 
        the requirements of paragraphs (1) and (2) for reports 
        submitted by the State educational agency to the Secretary, and 
        shall, over the term of the subgrant, include, consistent with 
        such requirements for the State educational agency reports, 
        descriptions of--
                    ``(A) how the subgrant funds were used; and
                    ``(B) the results of an external evaluation, if the 
                Secretary determines such evaluation to be applicable.

``SEC. 4112. RULES OF CONSTRUCTION.

    ``(a) Child Eligibility.--Nothing in this part shall be construed 
to prohibit children eligible for assistance under title I or III or 
children eligible for assistance under the Individuals with 
Disabilities Education Act from receiving literacy instruction and 
intervention under this part.
    ``(b) IDEA Evaluation.--The screening assessments, diagnostic 
assessments, and formative assessments of reading and writing 
authorized under this part shall not be construed to constitute an 
evaluation required under the Individuals with Disabilities Education 
Act, except that assessments administered under this Act may be used in 
conjunction with other assessments as part of an evaluation under the 
Individuals with Disabilities Education Act, provided that all 
assessment requirements of such Act are met.''.

SEC. 4103. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH 
              INSTRUCTION AND STUDENT ACHIEVEMENT.

    (a) Redesignation.--Title IV (20 U.S.C. 7101 et seq.) is amended--
            (1) by redesignating part B as part E, and transferring 
        such part E so as to follow part D, as added by section 4105;
            (2) by striking section 4206; and
            (3) by redesignating sections 4201, 4202, 4203, 4204, and 
        4205, as sections 4501, 4502, 4503, 4504, and 4505, 
        respectively.
    (b) Improving Science, Technology, Engineering, and Math 
Instruction and Student Achievement.--Title IV (20 U.S.C. 7101 et seq.) 
is amended by inserting after part A the following:

 ``PART B--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
                  INSTRUCTION AND STUDENT ACHIEVEMENT

``SEC. 4201. PURPOSE.

    ``The purpose of this part is to improve student academic 
achievement in science, technology, engineering, and mathematics by--
            ``(1) improving instruction in such subjects through grade 
        12;
            ``(2) improving student engagement in, and increasing 
        student access to, such subjects;
            ``(3) improving the quality and effectiveness of classroom 
        instruction by recruiting, training, and supporting highly 
        rated teachers and providing robust tools and supports for 
        students and teachers in such subjects; and
            ``(4) closing student achievement gaps, and preparing more 
        students to be college and career ready in such subjects.

``SEC. 4202. DEFINITIONS.

    ``In this part:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State educational agency; or
                    ``(B) a State educational agency in partnership 
                with 1 or more other State educational agencies.
            ``(2) Eligible subgrantee.--The term `eligible subgrantee' 
        means--
                    ``(A) a high-need local educational agency;
                    ``(B) an educational service agency serving more 
                than 1 high-need local educational agency;
                    ``(C) a consortium of high-need local educational 
                agencies; or
                    ``(D) an entity described in subparagraph (A) or 
                (C) of paragraph (3) that has signed a memorandum of 
                agreement with an entity described in subparagraph (A), 
                (B), or (C) of this paragraph to implement the 
                requirements of this part in partnership with such 
                entity.
            ``(3) Outside partner.--The term `outside partner' means an 
        entity that has expertise and a demonstrated record of success 
        in improving student learning and engagement in the identified 
        subjects described in section 4204(b)(2), including any of the 
        following:
                    ``(A) A nonprofit or community-based organization, 
                which may include a cultural organization, such as a 
                museum or learning center.
                    ``(B) A business.
                    ``(C) An institution of higher education.
                    ``(D) An educational service agency.
            ``(4) State.--The term `State' means--
                    ``(A) any of the 50 States;
                    ``(B) the District of Columbia;
                    ``(C) the Bureau of Indian Education; or
                    ``(D) the Commonwealth of Puerto Rico.

``SEC. 4203. GRANTS; ALLOTMENTS.

    ``(a) Reservations.--
            ``(1) In general.--From the amounts appropriated for this 
        part for a fiscal year, the Secretary shall reserve--
                    ``(A) not more than 2 percent to provide technical 
                assistance to States; and
                    ``(B) not more than 5 percent for State capacity-
                building grants, if the Secretary is awarding such 
                grants in accordance with paragraph (2).
            ``(2) Capacity-building grants.--
                    ``(A) In general.--In any year for which funding is 
                distributed competitively, as described in subsection 
                (b)(1), the Secretary may award 1 capacity-building 
                grant to each State that does not receive a grant under 
                subsection (b), on a competitive basis, to enable such 
                State to become more competitive in future years.
                    ``(B) Duration.--Grants awarded under subparagraph 
                (A) shall be for a period of 1 year.
    ``(b) Competitive Grants.--
            ``(1) In general.--For each fiscal year for which the 
        amount appropriated to carry out this part, and not reserved 
        under subsection (a)(1), is less than $500,000,000, the 
        Secretary shall award grants, on a competitive basis, to 
        eligible entities to enable such eligible entities to carry out 
        the activities described in this part.
            ``(2) Duration.--Grants awarded under this subsection shall 
        be for a period of not more than 3 years.
            ``(3) Renewal.--
                    ``(A) In general.--If an eligible entity 
                demonstrates progress, as measured by the metrics 
                described in section 4206(a), the Secretary may renew a 
                grant for an additional 2-year period.
                    ``(B) Reduced funding.--Grant funds awarded under 
                subparagraph (A) shall be awarded at a reduced amount.
    ``(c) Formula Grants.--
            ``(1) In general.--For each fiscal year for which the 
        amount appropriated to carry out this part, and not reserved 
        under subsection (a)(1), is equal to or more than $500,000,000, 
        the Secretary shall award grants to States, based on the 
        formula described in paragraph (2).
            ``(2) Distribution of funds.--The Secretary shall allot to 
        each State--
                    ``(A) an amount that bears the same relationship to 
                35 percent of the excess amount described in paragraph 
                (1) as the number of individuals ages 5 through 17 in 
                the State, as determined by the Secretary on the basis 
                of the most recent satisfactory data, bears to the 
                number of those individuals in all such States, as so 
                determined; and
                    ``(B) an amount that bears the same relationship to 
                65 percent of the excess amount as the number of 
                individuals ages 5 through 17 from families with 
                incomes below the poverty line, in the State, as 
                determined by the Secretary on the basis of the most 
                recent satisfactory data, bears to the number of those 
                individuals in all such States, as so determined.
            ``(3) Funding minimum.--No State receiving an allotment 
        under this subsection may receive less than one-half of 1 
        percent of the total amount allotted under paragraph (1) for a 
        fiscal year.
            ``(4) Puerto rico.--The amount allotted under paragraph (2) 
        to the Commonwealth of Puerto Rico for a fiscal year may not 
        exceed one-half of 1 percent of the total amount allotted under 
        paragraph (1) for such fiscal year.
            ``(5) Reallotment of unused funds.--If a State does not 
        successfully apply, the Secretary shall reallot the amount of 
        the State's allotment to the remaining States in accordance 
        with this subsection.

``SEC. 4204. APPLICATIONS.

    ``(a) In General.--Each eligible entity or State desiring a grant 
under this part, whether through a competitive grant under section 
4203(b) or through an allotment under section 4203(c), shall submit an 
application to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may require.
    ``(b) Contents.--At a minimum, an application submitted under 
subsection (a) shall include the following:
            ``(1) A description of the needs, including assets, 
        identified by the State or eligible entity, based on a State 
        analysis, which--
                    ``(A) may include results from a relevant pre-
                existing analysis of science, technology, engineering, 
                and mathematics education quality and outcomes in the 
                State or States served by the eligible entity;
                    ``(B) shall include data for elementary school and 
                secondary school grades, as applicable, to the extent 
                that such data are available, on--
                            ``(i) student achievement in science and 
                        mathematics, including such data collected in 
                        accordance with the requirements of section 
                        1111(a)(3)(A), and student achievement in 
                        technology and engineering;
                            ``(ii) science, technology, engineering, 
                        and mathematics teacher evaluations;
                            ``(iii) student access to mathematics and 
                        science courses needed to enroll in credit-
                        bearing coursework at institutions of higher 
                        education in the State or States served by the 
                        eligible entity;
                            ``(iv) access to science, technology, 
                        engineering, and mathematics courses for 
                        students through grade 12 who--
                                    ``(I) are eligible to receive a 
                                free or reduced priced lunch under the 
                                Richard B. Russell National School 
                                Lunch Act (42 U.S.C. 1751 et seq.); or
                                    ``(II) come from families with an 
                                income that is below the poverty line;
                            ``(v) student achievement gaps in science, 
                        technology, engineering, and mathematics 
                        subjects;
                            ``(vi) the percentage of students who 
                        successfully--
                                    ``(I) complete Advanced Placement 
                                or International Baccalaureate courses 
                                in science, technology, engineering, 
                                and mathematics subjects; or
                                    ``(II) complete rigorous 
                                postsecondary education courses in 
                                science, technology, engineering, and 
                                mathematics subjects;
                            ``(vii) the information collected under 
                        section 1111(d)(3)(B)(viii)(III);
                            ``(viii) available instructional systems 
                        and supports, such as curricula, instructional 
                        materials, professional development, teacher 
                        evaluation systems, and assessments;
                            ``(ix) science, technology, engineering, 
                        and mathematics teacher qualifications; and
                            ``(x) teacher shortages and teacher 
                        distribution among local educational agencies 
                        and schools in science, technology, 
                        engineering, and mathematics subjects;
                    ``(C) shall include labor market information 
                regarding the industry and business workforce needs 
                within the eligible entity;
                    ``(D) shall include an analysis of the quality of 
                pre-service preparation at all public institutions of 
                higher education (including alternative pathways to 
                teacher licensure or certification) for individuals 
                preparing to teach science, technology, engineering, 
                and mathematics subjects in a preschool, elementary 
                school, or secondary school in the State; and
                    ``(E) shall include an analysis of the 
                implementation of any multi-tiered systems of support 
                that have been employed in the State or States served 
                by the eligible entity to address the learning needs of 
                students in any science, technology, engineering, and 
                mathematics subjects.
            ``(2) An identification of the specific science, 
        technology, engineering, and mathematics subjects that the 
        State or eligible entity will address through the activities 
        described in section 4205, consistent with the needs identified 
        under paragraph (1) (referred to in this part as `identified 
        subjects').
            ``(3) A description, in a manner that addresses any needs 
        identified under paragraph (1), of--
                    ``(A) how grant funds will be used by the State or 
                eligible entity to improve instruction in identified 
                subjects using evidence-based programs of instruction 
                that are aligned with the college and career ready 
                standards and academic assessments under paragraphs (1) 
                and (2) of section 1111(a);
                    ``(B) how grant funds will be used to support 
                subgrantees and other high-need local educational 
                agencies in the employment of multi-tiered systems of 
                support to provide early intervening services, as 
                described in section 613(a)(4)(A)(ii) of the 
                Individuals with Disabilities Education Act, and to 
                increase student achievement in identified subjects;
                    ``(C) the process that the State or eligible entity 
                will use for awarding subgrants, including how relevant 
                stakeholders will be involved;
                    ``(D) how the State's or eligible entity's 
                activities and subgrants will be coordinated with other 
                Federal, State, and local programs and activities, 
                including career and technical education programs 
                authorized under the Carl D. Perkins Career and 
                Technical Education Act of 2006 (20 U.S.C. 2301 et 
                seq.);
                    ``(E) the technical assistance that the State or 
                eligible entity will provide to subgrantees to support 
                the activities undertaken by the subgrantees;
                    ``(F) how the State or eligible entity will 
                evaluate the activities funded, both at the State and 
                subgrantee level, with funds provided under this part, 
                and in a manner consistent with any evaluation 
                activities carried out by the Institute of Education 
                Sciences under section 4207, or the National Science 
                Foundation;
                    ``(G) how the State or eligible entity will 
                allocate funds in a manner that will provide services 
                to both elementary schools and secondary schools;
                    ``(H) how the State or eligible entity will provide 
                targeted support to improve instruction in high-need 
                local educational agencies and high-need schools;
                    ``(I) how the State or eligible entity's proposed 
                project will ensure an increase in access for students 
                who are members of groups underrepresented in science, 
                technology, engineering, and mathematics subject fields 
                to high-quality courses in 1 or more of the identified 
                subjects; and
                    ``(J) how the State or eligible entity will 
                continue to involve stakeholders in education reform 
                efforts related to science, technology, engineering, 
                and mathematics instruction.
            ``(4) Assurances that the State or eligible entity will 
        monitor implementation of approved subgrantee plans.
    ``(c) Additional Funding.--A State or eligible entity that submits 
a request to use the additional State activities reservation described 
in section 4205(d)(2), shall provide, in a manner that addresses the 
needs identified under subsection (b)(1), a description of the 
activities that the eligible entity will carry out with such funds, 
consistent with section 4205.

``SEC. 4205. AUTHORIZED ACTIVITIES.

    ``(a) Required Activities.--Each State or eligible entity that 
receives a grant under this part shall use the grant funds to carry out 
each of the following activities:
            ``(1) Increasing access for students through grade 12 who 
        are members of groups underrepresented in science, technology, 
        engineering, and mathematics subject fields to high-quality 
        courses in the identified subjects.
            ``(2) Implementing evidence-based programs of instruction 
        based on high-quality standards and assessments in the 
        identified subjects.
            ``(3) Providing professional development and other 
        comprehensive systems of support for teachers and school 
        leaders to promote high-quality instruction and instructional 
        leadership in the identified subjects.
            ``(4) Providing technical assistance to subgrantees and 
        other high-need schools and local educational agencies in order 
        to improve student achievement and narrow achievement gaps in 
        identified subjects, including through--
                    ``(A) the development and implementation of multi-
                tiered systems of support; and
                    ``(B) the development of curriculum or 
                instructional materials consistent with the principals 
                of universal design for learning, as defined in section 
                103 of the Higher Education Act of 1965.
    ``(b) Permissible Activities.--Each State or eligible entity that 
receives a grant under this part may use the grant funds to carry out 1 
or more of the following activities:
            ``(1) Recruiting qualified teachers and instructional 
        leaders who are trained in identified subjects, including 
        teachers who have transitioned into the teaching profession 
        from a career in science, technology, engineering, and 
        mathematics fields.
            ``(2) Providing induction and mentoring services to new 
        teachers in identified subjects.
            ``(3) Developing instructional supports, such as curricula 
        and assessments, which shall be evidence-based and aligned with 
        State college and career ready academic content standards under 
        section 1111(a)(1), and may include Internet-based curricula 
        and Internet-based instructional supports.
            ``(4) Implementing an interdisciplinary approach, by 
        integrating instruction in 1 or more science, technology, 
        engineering, and mathematics subjects with reading, English 
        language arts, or instruction in other core academic subjects 
        and noncore academic subjects.
    ``(c) Subgrants.--
            ``(1) In general.--Each State or eligible entity that 
        receives a grant under this section shall award subgrants, on a 
        competitive basis, to eligible subgrantees.
            ``(2) Minimum subgrant.--A State or eligible entity shall 
        award subgrants under this subsection that are of sufficient 
        size and scope to support high-quality, evidence-based, 
        effective programs that are consistent with the purpose of this 
        part.
            ``(3) Subgrantee application.--
                    ``(A) In general.--Each eligible subgrantee 
                desiring a subgrant under this subsection shall submit 
                an application to the State or eligible entity at such 
                time, in such manner, and accompanied by such 
                information as the State or eligible entity may 
                require.
                    ``(B) Contents of subgrantee application.--At a 
                minimum, the application described in subparagraph (A) 
                shall include the following:
                            ``(i) A description of the activities that 
                        the eligible subgrantee will carry out, and how 
                        such activities will improve teaching and 
                        student academic achievement in the identified 
                        subjects, in a manner consistent with 
                        scientifically valid research.
                            ``(ii) A description of how the eligible 
                        subgrantee will use funds provided under this 
                        subsection to serve students and teachers in 
                        high-need schools.
                            ``(iii) A description of how funds provided 
                        under this subsection will be coordinated with 
                        other Federal, State, and local programs and 
                        activities, including career and technical 
                        education programs authorized under the Carl D. 
                        Perkins Career and Technical Education Act of 
                        2006 (20 U.S.C. 2301 et seq.).
                            ``(iv) If the eligible subgrantee is 
                        working with outside partners, a description of 
                        how such outside partners will be involved in 
                        improving instruction and increasing access to 
                        high-quality learning experiences in the 
                        identified subjects.
            ``(4) Subgrantee use of funds.--
                    ``(A) Required use of funds.--Each subgrantee under 
                this subsection shall use the subgrant funds to carry 
                out activities for students through grade 12, 
                consistent with the activities described in the 
                subgrantee's application, which shall include--
                            ``(i) high-quality teacher and 
                        instructional leader recruitment, support, and 
                        evaluation in the identified subjects;
                            ``(ii) professional development, which may 
                        include development and support for 
                        instructional coaches, to enable teachers and 
                        instructional leaders to increase student 
                        achievement in identified subjects, through--
                                    ``(I) implementation of classroom 
                                assessments; and
                                    ``(II) differentiation of 
                                instruction in identified subjects for 
                                all students, including for students 
                                who are children with disabilities and 
                                students who are English learners;
                            ``(iii) activities to--
                                    ``(I) improve the content knowledge 
                                of teachers; and
                                    ``(II) facilitate professional 
                                collaboration, which may include 
                                providing time for such collaborations;
                            ``(iv) the development, adoption, and 
                        improvement of high-quality curricula and 
                        instructional supports that--
                                    ``(I) are aligned with State 
                                college and career ready academic 
                                content standards under section 
                                1111(a)(1); and
                                    ``(II) the eligible subgrantee will 
                                use to improve student academic 
                                achievement in identified subjects;
                            ``(v) the development or improvement, and 
                        implementation, of multi-tiered systems of 
                        support to provide early intervening services 
                        and to increase student achievement in 1 or 
                        more of the identified subjects; and
                            ``(vi) integrating instruction in the 
                        identified subjects with instruction in 
                        reading, English language arts, or other core 
                        and noncore academic subjects.
                    ``(B) Allowable use of funds.--In addition to the 
                required activities described in subparagraph (A), each 
                eligible subgrantee that receives a subgrant under this 
                subsection, may also use the subgrant funds to--
                            ``(i) support the participation of low-
                        income students in nonprofit competitions 
                        related to science, technology, engineering, 
                        and mathematics subjects (such as robotics, 
                        science research, invention, mathematics, 
                        computer science, and technology competitions); 
                        and
                            ``(ii) broaden secondary school students' 
                        access to, and interest in, careers that 
                        require academic preparation in 1 or more 
                        identified subjects.
                    ``(C) Limitation.--Each subgrantee that receives a 
                subgrant under this subsection shall not expend more 
                than 15 percent of the subgrant funds on the activities 
                described in subparagraph (B).
                    ``(D) Matching funds.--A State or eligible entity 
                shall require an eligible subgrantee receiving a 
                subgrant under this subsection to demonstrate that such 
                subgrantee has obtained a commitment from 1 or more 
                outside partners to match, using non-Federal funds or 
                in-kind contributions, not less than 15 percent of the 
                amount of subgrant funds. In the case of significant 
                financial hardship, an eligible subgrantee may apply to 
                the State or eligible entity for, and the State or 
                eligible entity may grant, a waiver of a portion of the 
                minimum matching funds requirement.
    ``(d) State Activities.--
            ``(1) In general.--Each State or eligible entity that 
        receives a grant under this part may use not more than 5 
        percent of grant funds for--
                    ``(A) administrative costs;
                    ``(B) monitoring the implementation of subgrants;
                    ``(C) providing technical assistance to 
                subgrantees; and
                    ``(D) evaluating subgrants in coordination with the 
                evaluation described in section 4207.
            ``(2) Reservation.--Each State or eligible entity that 
        receives a grant under this part may submit a request to the 
        Secretary to reserve not more than 15 percent of grant funds, 
        inclusive of the amount described in paragraph (1), for 
        additional State activities, consistent with subsections (a) 
        and (b).

``SEC. 4206. PERFORMANCE METRICS; REPORT.

    ``(a) Establishment of Performance Metrics.--The Secretary, acting 
through the Director of the Institute of Education Sciences, shall 
establish performance metrics to evaluate the effectiveness of the 
activities carried out under this part.
    ``(b) Annual Report.--Each State or eligible entity that receives a 
grant under this part shall prepare and submit an annual report to the 
Secretary, which shall include information relevant to the performance 
metrics described in subsection (a).

``SEC. 4207. EVALUATION.

    ``From the amount reserved in accordance with section 9601, the 
Secretary shall--
            ``(1) acting through the Director of the Institute of 
        Education Sciences, and in consultation with the Director of 
        the National Science Foundation--
                    ``(A) evaluate the implementation and impact of the 
                activities supported under this part, including 
                progress measured by the metrics established under 
                section 4206(a); and
                    ``(B) identify best practices to improve 
                instruction in science, technology, engineering, and 
                mathematics subjects; and
            ``(2) disseminate, in consultation with the National 
        Science Foundation, research on best practices to improve 
        instruction in science, technology, engineering, and 
        mathematics subjects.

``SEC. 4208. SUPPLEMENT NOT SUPPLANT.

    ``Funds received under this part shall be used to supplement, and 
not supplant, funds that would otherwise be used for activities 
authorized under this part.

``SEC. 4209. MAINTENANCE OF EFFORT.

    ``A State that receives funds under this part for a fiscal year 
shall maintain the fiscal effort provided by the State for the subjects 
supported by the funds under this part at a level equal to or greater 
than the level of such fiscal effort for the preceding fiscal year.''.

SEC. 4104. INCREASING ACCESS TO A WELL-ROUNDED EDUCATION.

    Title IV (20 U.S.C. 7101 et seq.) is amended by inserting after 
part B, as added by section 4103 of this Act, the following:

        ``PART C--INCREASING ACCESS TO A WELL-ROUNDED EDUCATION

``SEC. 4301. PURPOSE.

    ``The purpose of this part is to improve student achievement by 
giving students increased access to high-quality instruction for a 
well-rounded education.

``SEC. 4302. DEFINITIONS.

    ``In this part:
            ``(1) Covered subjects.--The term `covered subjects' means 
        any of the following academic subjects:
                    ``(A) Arts.
                    ``(B) Civics and government.
                    ``(C) Economics.
                    ``(D) Environmental education.
                    ``(E) Financial literacy.
                    ``(F) Foreign languages.
                    ``(G) Geography.
                    ``(H) Health education.
                    ``(I) History.
                    ``(J) Physical education.
                    ``(K) Social studies.
            ``(2) Eligible entity.--The term `eligible entity' means a 
        State educational agency in partnership with--
                    ``(A) a nonprofit organization with a demonstrated 
                record of success in improving student achievement in 1 
                or more covered subjects;
                    ``(B) an institution of higher education;
                    ``(C) a local educational agency;
                    ``(D) an educational service agency; or
                    ``(E) 1 or more other State educational agencies.
            ``(3) Eligible subgrantee.--The term `eligible subgrantee' 
        means--
                    ``(A) a high-need local educational agency;
                    ``(B) an educational service agency serving more 
                than 1 high-need local educational agency; or
                    ``(C) a consortium of high-need local educational 
                agencies.
            ``(4) Low-income student.--The term `low-income student' 
        means a student--
                    ``(A) from a family with an income below the 
                poverty line; or
                    ``(B) who is eligible for free or reduced-price 
                lunch under the Richard B. Russell National School 
                Lunch Act (42 U.S.C. 1751 et seq.).

``SEC. 4303. GRANT PROGRAM.

    ``(a) Grants to Eligible Entities.--From amounts appropriated to 
carry out this part for a fiscal year, and not reserved in accordance 
with section 9601, the Secretary shall make grants to eligible entities 
to enable the eligible entities to carry out the activities described 
in subsection (e).
    ``(b) Duration.--A grant under this section shall be for a period 
of not more than 5 years.
    ``(c) Payments.--
            ``(1) Contingent payments.--After the third year of a grant 
        under this section, the Secretary shall make continued funding 
        under the grant contingent upon the eligible entity's progress 
        toward reaching the goals established under the metrics 
        described in subsection (h)(1).
            ``(2) Formula.--
                    ``(A) Distribution trigger.--
                            ``(i) Amount to trigger formula.--If the 
                        amount of funds appropriated to carry out this 
                        part for a fiscal year equals or exceeds 
                        $500,000,000, then the Secretary shall award 
                        grants to eligible entities based on the 
                        formula described under subparagraph (B).
                            ``(ii) Amount to trigger competitive grant 
                        process.--If the funds appropriated to carry 
                        out this part for a fiscal year are less than 
                        $500,000,000, then the Secretary shall award 
                        grants to eligible entities on a competitive 
                        basis.
                    ``(B) Formula.--From funds made available to carry 
                out this part for a fiscal year, and not reserved in 
                accordance with section 9601, the Secretary shall allot 
                to each eligible entity having an application approved 
                under subparagraph (C)--
                            ``(i) an amount that bears the same 
                        relationship to 80 percent of the remainder as 
                        the number of individuals ages 5 through 17 
                        from families with incomes below the poverty 
                        line, in the State, as determined by the 
                        Secretary on the basis of the most recent 
                        satisfactory data, bears to the number of those 
                        individuals in all States that have an 
                        application approved under such subparagraph; 
                        and
                            ``(ii) an amount that bears the same 
                        relationship to 20 percent of the remainder as 
                        the number of individuals ages 5 to 17 in the 
                        State, as determined by the Secretary on the 
                        basis of the most recent satisfactory data, 
                        bears to the number of those individuals in all 
                        States that have an application approved under 
                        such subparagraph.
                    ``(C) Exceptions.--
                            ``(i) Minimum grant amount.--Subject to 
                        clause (ii), no State receiving an allotment 
                        under subparagraph (B) may receive less than 1 
                        percent of the total amount allotted under such 
                        subparagraph.
                            ``(ii) Puerto rico.--The percentage of the 
                        amount allotted under subparagraph (B) that is 
                        allotted to the Commonwealth of Puerto Rico for 
                        a fiscal year may not exceed the amount under 
                        clause (i).
                    ``(D) Peer review requirements.--The Secretary 
                shall establish a peer review process to ensure that 
                applications submitted for formula funding, as 
                described in subparagraph (B), are of high quality and 
                meet the requirements and purposes of this part.
    ``(d) Application.--
            ``(1) In general.--Each eligible entity desiring a grant 
        under this section shall submit an application to the Secretary 
        at such time, in such manner, and accompanied by such 
        information as the Secretary may require.
            ``(2) Contents.--The application shall, at a minimum--
                    ``(A) describe the needs identified by the eligible 
                entity, based on the eligible entity's analysis of--
                            ``(i) student access to, and quality of 
                        instruction in, covered subjects, including a 
                        comparison of such access and quality between 
                        low-income and non-low-income students in the 
                        State served by the eligible entity;
                            ``(ii) the capacity of high-need local 
                        educational agencies in such State to deliver 
                        high-quality instruction in covered subjects, 
                        including an analysis of instructional 
                        supports, curricula, teacher evaluation 
                        systems, and teacher qualifications, 
                        effectiveness, knowledge, and skills;
                            ``(iii) the capacity of the eligible entity 
                        to provide local educational agencies with the 
                        support, including professional development and 
                        technical assistance, needed to deliver high-
                        quality instruction and curricula in covered 
                        subjects; and
                            ``(iv) standards, assessments, curricula, 
                        accommodations, and other supports used in such 
                        State in covered subjects;
                    ``(B) identify the covered subjects that the 
                eligible entity will address through the activities 
                described in subsection (e), consistent with the needs 
                identified in subparagraph (A);
                    ``(C) describe, in a manner that addresses the 
                needs identified in subparagraph (A)--
                            ``(i) how access to high-quality courses in 
                        the subjects identified in subparagraph (B) 
                        will be increased for low-income students in 
                        such State;
                            ``(ii) how the knowledge and skills of 
                        teachers will be evaluated and improved so that 
                        such teachers will deliver high-quality 
                        instruction in such subjects;
                            ``(iii) how the eligible entity will 
                        provide assistance to high-need local 
                        educational agencies to improve student access 
                        to, and achievement in, the subjects identified 
                        in subparagraph (B), including through 
                        principal training; and
                            ``(iv) how the eligible entity will ensure 
                        that all activities funded through a grant 
                        awarded under this section are evidence-based;
                    ``(D) describe how activities funded through a 
                grant awarded under this section will be aligned with 
                other Federal, State, and local funding, programs, and 
                strategies, as appropriate; and
                    ``(E) if applicable, describe the eligible entity's 
                plan for disbursing funds to eligible subgrantees to 
                implement the activities described in subsection (e).
            ``(3) Competitive priority.--If grants are awarded 
        competitively, consistent with subsection (c)(2)(A)(ii), the 
        Secretary shall give priority to applications from eligible 
        entities that--
                    ``(A) include in the application a plan to 
                implement an interdisciplinary approach, by integrating 
                instruction in 1 or more covered subjects with reading, 
                English, language arts, science, or mathematics 
                instruction; and
                    ``(B) include in the application a plan to provide 
                expanded learning time in the schools served by 
                eligible subgrantees, in order to increase access to 
                covered subjects.
    ``(e) Authorized Activities.--
            ``(1) In general.--Each eligible entity that receives a 
        grant under this section shall use the grant funds to increase 
        access for low-income students to high-quality courses in the 
        subjects identified in subsection (d)(2)(B) by carrying out 1 
        or more of the following activities:
                    ``(A) Improving the knowledge and skills of 
                teachers through rigorous evaluation systems, 
                professional development, and other instructional 
                supports in order to deliver high-quality instruction 
                in such subjects, including to students who are English 
                learners and students who are children with 
                disabilities.
                    ``(B) Providing assistance to high-need local 
                educational agencies to improve low-income student 
                access to, and achievement in, such subjects.
                    ``(C) Developing and implementing, or building 
                local capacity to develop and implement, high-quality 
                curricula, instructional supports, and assessments that 
                are aligned with the State college and career ready 
                academic content and achievement standards, consistent 
                with section 1111(a)(1), in such subjects.
            ``(2) Special rule.--Each eligible entity that receives a 
        grant under this section shall use grant funds to meet the 
        needs identified in subsection (d)(2)(A) and the Secretary 
        shall not require any eligible entity to address a specific 
        subject or to address all covered subjects.
            ``(3) State administration.--Each eligible entity that 
        receives a grant under this section may reserve not more than 4 
        percent of grant funds for administration costs of the grant.
    ``(f) Subgrants.--
            ``(1) In general.--Each eligible entity that receives a 
        grant under this section may, in accordance with paragraph (2), 
        award subgrants, on a competitive basis, to eligible 
        subgrantees to enable such eligible subgrantees to carry out 
        the activities described in subsection (e).
            ``(2) Minimum grant.--Each subgrant under this subsection 
        shall be of sufficient size and scope to support a high-
        quality, effective program that is consistent with the purpose 
        of this part.
    ``(g) Evaluation.--From the amount reserved in accordance with 
section 9601, the Secretary shall--
            ``(1) acting through the Director of the Institute of 
        Education Sciences--
                    ``(A) evaluate, in consultation with the relevant 
                program office at the Department of Education, the 
                implementation and impact of the activities supported 
                under this section, including progress as measured by 
                the metrics established under subsection (h)(1); and
                    ``(B) identify best practices to improve 
                instruction in covered subjects; and
            ``(2) disseminate research on best practices to improve 
        instruction in covered subjects.
    ``(h) Accountability.--
            ``(1) Performance metrics.--The Secretary, acting through 
        the Director of the Institute of Education Sciences, shall, in 
        consultation with the relevant program office at the 
        Department, establish performance metrics to evaluate the 
        outcomes of grant projects that are assisted under this part.
            ``(2) Annual reports.--Each eligible entity that receives a 
        grant under this section shall prepare and submit an annual 
        report to the Secretary, which shall include information about 
        the performance metrics described in paragraph (1).
    ``(i) Supplement Not Supplant.--An eligible entity shall use 
Federal funds received under this section only to supplement the funds 
that would, in the absence of such Federal funds, be made available 
from other Federal and non-Federal sources for the activities described 
in this section, and not to supplement such funds.
    ``(j) Maintenance of Effort.--A State that receives assistance 
under this part shall maintain the fiscal effort provided by the State 
for the subjects supported by a grant under this part at a level equal 
to or greater than the level of such fiscal effort for the preceding 
fiscal year.''.

SEC. 4105. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS.

    Title IV (20 U.S.C. 7101 et seq.) is amended by inserting after 
part C, as added by section 4104 of this Act, the following:

            ``PART D--SUCCESSFUL, SAFE, AND HEALTHY STUDENTS

``SEC. 4401. PURPOSE.

    ``The purpose of this part is to assist States and local 
educational agencies in developing and implementing comprehensive 
programs and strategies to foster positive conditions for learning in 
public schools, in order to increase academic achievement for all 
students through activities that--
            ``(1) promote student physical health and well-being, 
        nutrition, and fitness;
            ``(2) promote student mental health and well-being;
            ``(3) prevent school violence and harassment, and reduce 
        substance abuse among students; and
            ``(4) promote safe and supportive schools.

``SEC. 4402. DEFINITIONS.

    ``In this part:
            ``(1) Controlled substance.--The term `controlled 
        substance' means a drug or other substance identified under 
        Schedule I, II, III, IV, or V of section 202(c) of the 
        Controlled Substances Act (21 U.S.C. 812(c)).
            ``(2) Drug.--The term `drug' includes--
                    ``(A) a controlled substance;
                    ``(B) with respect to alcohol and tobacco, the 
                illegal use of such substances; and
                    ``(C) with respect to inhalants and anabolic 
                steroids, the harmful, abusive, or addictive use of 
                such substances.
            ``(3) Drug and violence prevention.--The term `drug and 
        violence prevention' means--
                    ``(A) with respect to drugs, prevention, early 
                intervention, rehabilitation referral, or education 
                related to the abuse and illegal use of drugs; and
                    ``(B) with respect to violence, the promotion of 
                school safety, such that students and school personnel 
                are free from violent and disruptive acts, including 
                sexual harassment and abuse, and victimization 
                associated with prejudice and intolerance, on school 
                premises, going to and from school, at school sponsored 
                activities, and via communications made available 
                through electronic means, through the creation and 
                maintenance of a school environment that is free of 
                weapons and fosters individual responsibility and 
                respect for the rights of others, and employs positive, 
                preventative approaches to school discipline that 
                minimize students' removal from instruction and reduce 
                disparities among the subgroups of students described 
                in section 1111(a)(2)(B)(ix).
            ``(4) Eligible local applicant.--The term `eligible local 
        applicant' means--
                    ``(A) a local educational agency;
                    ``(B) a consortium of local educational agencies; 
                or
                    ``(C) a local educational agency or consortium of 
                local educational agencies in partnership with a 
                nonprofit organization that has a demonstrated record 
                of success in implementing activities consistent with 
                the purpose of this part.
            ``(5) Physical education indicators.--The term `physical 
        education indicators' means a set of measures for instruction 
        on physical activity, health-related fitness, physical 
        competence, and cognitive understanding about physical activity 
        that--
                    ``(A) are publicly reported annually in the State's 
                conditions for learning measurement system described in 
                section 4404(g); and
                    ``(B) include, for the State, for each local 
                educational agency in the State, and for each school in 
                the State, the average number of minutes that all 
                students engage in moderate to vigorous physical 
                activity, as measured against established recommended 
                guidelines of the Centers for Disease Control and 
                Prevention and the Department of Health and Human 
                Services.
            ``(6) Programs to promote mental health.--The term 
        `programs to promote mental health' means programs that--
                    ``(A) develop students' social and emotional 
                competencies; and
                    ``(B) link students with, as applicable, school-
                based or local mental health systems, including by--
                            ``(i) enhancing, improving, or developing 
                        collaborative efforts between school-based 
                        systems and mental health systems;
                            ``(ii) improving the availability of crisis 
                        intervention services and appropriate referrals 
                        for students potentially in need of mental 
                        health services;
                            ``(iii) providing training for mental 
                        health professionals and other school-based 
                        specialized instructional support personnel who 
                        will participate in the program; and
                            ``(iv) providing services that establish or 
                        expand the availability of counseling and 
                        mental health programs for students.
            ``(7) Programs to promote physical activity, education, 
        fitness, and nutrition.--The term `programs to promote physical 
        activity, education, fitness, and nutrition' means programs 
        that increase and enable active student participation in 
        physical well-being activities, provide teacher professional 
        development, are comprehensive in nature, and include 
        opportunities for professional development for teachers of 
        physical education to stay abreast of the latest research, 
        issues, and trends in the field of physical education, and 
        include 1 or more of the following activities:
                    ``(A) Fitness education and assessment to help 
                students understand, improve, or maintain their 
                physical well-being.
                    ``(B) Instruction in a variety of motor skills and 
                physical activities designed to enhance the physical, 
                mental, social, and emotional development of every 
                student.
                    ``(C) Development of, and instruction in, cognitive 
                concepts about motor skill and physical fitness that 
                support a lifelong healthy lifestyle.
                    ``(D) Opportunities to develop positive social and 
                cooperative skills through physical activity.
                    ``(E) Instruction in healthy eating habits and good 
                nutrition.

``SEC. 4403. RESERVATIONS.

    ``From amounts made available to carry out this part, the Secretary 
shall reserve--
            ``(1) for the first 3 years for which funding is made 
        available to carry out this part--
                    ``(A) not more than 30 percent of such amounts or 
                $30,000,000, whichever amount is greater, for State 
                conditions for learning measurement systems grants, 
                distributed to every State (by an application process 
                consistent with section 4404) in an amount proportional 
                to each State's share of funding under part A of title 
                I of this Act, to develop or improve the State's 
                conditions for learning measurement system described in 
                section 4404(g), and to conduct a needs analysis to 
                meet the requirements of section 4404(c)(2); and
                    ``(B) not more than 68 percent of such amounts for 
                Successful, Safe, and Healthy Students State Grants 
                under section 4404;
            ``(2) for the fourth year and each subsequent year for 
        which funding is made available to carry out this part, not 
        less than 98 percent of such amounts for Successful, Safe, and 
        Healthy Students State Grants under section 4404; and
            ``(3) in each year for which funding is made available to 
        carry out this part, not more than 2 percent of such amounts 
        for technical assistance.

``SEC. 4404. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS STATE GRANTS.

    ``(a) Purpose.--The purpose of this section is to provide funding 
to States to implement comprehensive programs that address conditions 
for learning in schools in the State. Such programs shall be based on--
            ``(1) scientifically valid research; and
            ``(2) an analysis of need that considers, at a minimum, the 
        indicators in the State's conditions for learning measurement 
        system described in subsection (g).
    ``(b) State Grants.--
            ``(1) In general.--From amounts reserved under section 4403 
        for Successful, Safe, and Healthy Students State Grants, the 
        Secretary shall award grants to States to carry out the purpose 
        of this section.
            ``(2) Awards to states.--
                    ``(A) Formula grants.--Except as provided in 
                subparagraph (B), if the total amount reserved under 
                section 4404 for Successful, Safe, and Healthy Students 
                State Grants for a fiscal year is $500,000,000 or 
                greater, the Secretary shall allot to each State with 
                an approved application an amount that bears the same 
                relationship to such total amount as the amount 
                received under part A of title I by such State for the 
                preceding fiscal year bears to the amount received 
                under such part for the preceding fiscal year by all 
                States.
                    ``(B) Minimum state allotment.--
                            ``(i) In general.--No State receiving an 
                        allotment under subparagraph (A) may receive 
                        less than one-half of 1 percent of the total 
                        amount allotted under such subparagraph.
                            ``(ii) Puerto rico.--The amount allotted 
                        under subparagraph (A) to the Commonwealth of 
                        Puerto Rico for a fiscal year may not exceed 
                        one-half of 1 percent of the total amount 
                        allotted under such subparagraph for such 
                        fiscal year.
                    ``(C) Competitive grants.--
                            ``(i) In general.--If the total amount 
                        reserved under section 4404 for Successful, 
                        Safe, and Healthy Students State Grants for a 
                        fiscal year is less than $500,000,000, the 
                        Secretary shall award grants under this section 
                        on a competitive basis.
                            ``(ii) Sufficient size and scope.--In 
                        awarding grants on a competitive basis pursuant 
                        to clause (i), the Secretary shall ensure that 
                        grant awards are of sufficient size and scope 
                        to carry out required and approved activities 
                        under this section.
    ``(c) Applications.--
            ``(1) In general.--A State that desires to receive a grant 
        under this section shall submit an application at such time, in 
        such manner, and containing such information as the Secretary 
        may require.
            ``(2) Content of application.--At a minimum, the 
        application shall include--
                    ``(A) a plan for improving conditions for learning 
                in schools in the State in a manner consistent with the 
                requirements of the program that may be a part of a 
                broader statewide child and youth plan, if such a plan 
                exists and is consistent with the requirements of this 
                part;
                    ``(B) a needs analysis of the conditions for 
                learning in schools in the State, which--
                            ``(i) shall include a description of, and 
                        data measuring, the State's conditions for 
                        learning; and
                            ``(ii) may be a part of a broader statewide 
                        child and youth needs analysis, if such an 
                        analysis exists and is consistent with the 
                        requirements of this part;
                    ``(C) a description of how the activities the State 
                proposes to implement with grant funds are responsive 
                to the results of the needs analysis described in 
                subparagraph (B); and
                    ``(D) a description of how the State will--
                            ``(i) develop, adopt, adapt, or implement 
                        the State's conditions for learning measurement 
                        system described in subsection (g), and how the 
                        State will ensure that all local educational 
                        agencies and schools in the State participate 
                        in such system;
                            ``(ii) ensure the quality and validity of 
                        the State's conditions for learning data 
                        collection;
                            ``(iii) coordinate the proposed activities 
                        with other Federal and State programs, 
                        including programs funded under this part, 
                        which may include programs to expand learning 
                        time and for before- and after-school 
                        programming;
                            ``(iv) assist local educational agencies to 
                        align activities with funds the agencies 
                        receive under the program with other funding 
                        sources in order to support a coherent and 
                        nonduplicative program;
                            ``(v) solicit and approve subgrant 
                        applications, including how the State will--
                                    ``(I) allocate funds for statewide 
                                activities and subgrants for each year 
                                of the grant, consistent with 
                                allocation requirements under 
                                subsection (h)(2); and
                                    ``(II) consider the results of the 
                                analysis described in subparagraph (B) 
                                in the State's distribution of 
                                subgrants;
                            ``(vi) address the needs of diverse 
                        geographic areas in the State, including rural 
                        and urban communities;
                            ``(vii) provide assistance to local 
                        educational agencies and schools in their 
                        efforts to prevent and appropriately respond to 
                        incidents of harassment, including building the 
                        capacity of such agencies and schools to 
                        educate family and community members regarding 
                        the agencies' and schools' respective roles in 
                        preventing and responding to such incidents; 
                        and
                            ``(viii) provide assistance to local 
                        educational agencies and schools in their 
                        approaches to school discipline.
            ``(3) Application review process.--The Secretary shall 
        establish a process to review applications submitted under this 
        subsection.
    ``(d) Duration.--
            ``(1) In general.--A State that receives a grant under this 
        section may receive funding for not more than 5 years in 
        accordance with this subsection.
            ``(2) Initial period.--The Secretary shall award grants 
        under this section for an initial period of not more than 3 
        years.
            ``(3) Grant extension.--The Secretary may extend a 
        competitive grant awarded to a State under this section for not 
        more than an additional 2 years if the State shows sufficient 
        improvement, as determined by the Secretary, against baseline 
        data for the performance metrics established under subsection 
        (i).
    ``(e) Reservation and Use of Funds.--A State that receives a grant 
under this section shall--
            ``(1) reserve not more than 7\1/2\ percent of the grant 
        funds for administration of the program, technical assistance, 
        and the development, improvement, and implementation of the 
        State's conditions for learning measurement system, as 
        described in subsection (g); and
            ``(2) use the remainder of grant funds after making the 
        reservation under paragraph (1) to award subgrants, on a 
        competitive basis, to eligible local applicants.
    ``(f) Required State Activities.--A State that receives a grant 
under this section shall--
            ``(1) establish a statewide physical education requirement 
        that is consistent with widely recognized standards;
            ``(2) require all local educational agencies in the State 
        to--
                    ``(A) establish policies that prevent and prohibit 
                conduct that is sufficiently severe, persistent, or 
                pervasive to limit a student's ability to participate 
                in or benefit from a program or activity of a public 
                school or educational agency, or to create a hostile or 
                abusive educational environment at a program or 
                activity of a public school or educational agency, 
                including acts of verbal, nonverbal, or physical 
                aggression, intimidation, or hostility; and
                    ``(B) provide--
                            ``(i) annual notice to parents and students 
                        describing the full range of prohibited conduct 
                        contained in such local educational agency's 
                        discipline policies; and
                            ``(ii) grievance procedures for students or 
                        parents to register complaints regarding the 
                        prohibited conduct contained in such local 
                        educational agency's discipline policies, 
                        including--
                                    ``(I) the name of the local 
                                educational agency officials who are 
                                designated as responsible for receiving 
                                such complaints; and
                                    ``(II) timelines that the local 
                                educational agency will follow in the 
                                resolution of such complaints;
            ``(3) not later than 1 year after receipt of the grant, 
        develop, adapt, improve, or adopt and implement the statewide 
        conditions for learning measurement system described in 
        subsection (g) (unless the State can demonstrate, to the 
        satisfaction of the Secretary, that an appropriate system has 
        already been implemented) that annually measures the State's 
        progress in the conditions for learning for every public school 
        in the State;
            ``(4) collect information in each year of the grant on the 
        conditions for learning at the school-building level;
            ``(5) collect annual incident data at the school-building 
        level that are accurate and complete;
            ``(6) publicly report, at the school level and local 
        educational agency level, the data collected in the State's 
        conditions for learning measurement system, described in 
        subsection (g), each year in a timely and highly accessible 
        manner, and in a manner that does not reveal personally 
        identifiable information;
            ``(7) use the results of the data collected in the State's 
        conditions for learning measurement system to--
                    ``(A) identify and address conditions for learning 
                statewide;
                    ``(B) help subgrantees identify and address school 
                and student needs; and
                    ``(C) provide individualized assistance to schools 
                identified under section 1116 and schools with 
                significant conditions for learning weaknesses;
            ``(8) award subgrants, consistent with subsection (h), to 
        eligible local applicants; and
            ``(9) monitor subgrants and provide technical assistance to 
        subgrantees on the implementation of grant activities.
    ``(g) Conditions for Learning Measurement System.--
            ``(1) In general.--Each State that receives a grant under 
        this part shall establish a State reporting and information 
        system that measures conditions for learning in the State and 
        is, to the extent practicable, part of the State's statewide 
        longitudinal data system and with the State's system for 
        reporting the data required under section 1111.
            ``(2) System activities.--The State reporting and 
        information system described in paragraph (1) shall--
                    ``(A) contain, at a minimum, data from valid and 
                reliable surveys of students and staff and the 
                indicators in subparagraph (B) that allow staff at the 
                State, local educational agencies, and schools to 
                examine and improve school-level conditions for 
                learning;
                    ``(B) collect school-level data on--
                            ``(i) physical education indicators;
                            ``(ii) student attendance and truancy;
                            ``(iii) in-school suspensions, out-of-
                        school suspensions, expulsions, referrals to 
                        law enforcement, school-based arrests, and 
                        disciplinary transfers (including placements in 
                        alternative schools) by student;
                            ``(iv) the frequency, seriousness, and 
                        incidence of violence and drug-related offenses 
                        resulting in disciplinary action in elementary 
                        schools and secondary schools in the State; and
                            ``(v) the incidence and prevalence, age of 
                        onset, perception of health risk, and 
                        perception of social disapproval of drug use 
                        and violence, including harassment, by youth 
                        and school personnel in schools and 
                        communities;
                    ``(C) collect and report data, including, at a 
                minimum, the data described in clauses (ii), (iii), and 
                (v) of subparagraph (B), in the aggregate and 
                disaggregated by the categories of race, ethnicity, 
                gender, disability status, migrant status, English 
                proficiency, and status as economically disadvantaged, 
                and cross tabulated across all of such categories by 
                gender and by disability;
                    ``(D) protect student privacy, consistent with 
                applicable data privacy laws and regulations, including 
                section 444 of the General Education Provisions Act (20 
                U.S.C. 1232g, commonly known as the `Family Educational 
                Rights and Privacy Act of 1974'); and
                    ``(E) to the extent practicable, utilize a web-
                based reporting system.
            ``(3) Compiling statistics.--In compiling the statistics 
        required to measure conditions for learning in the State--
                    ``(A) the offenses described in paragraph 
                (2)(B)(iv) shall be defined pursuant to the State's 
                criminal code, and aligned to the extent possible, with 
                the Federal Bureau of Investigation's Uniform Crime 
                Reports categories, but shall not identify victims of 
                crimes or persons accused of crimes and the collected 
                data shall include incident reports by school 
                officials, anonymous student surveys, and anonymous 
                teacher surveys;
                    ``(B) the performance metrics that are established 
                under subsection (i) shall be collected and the 
                performance on such metrics shall be defined and 
                reported uniformly statewide;
                    ``(C) the State shall collect, analyze, and use the 
                data under paragraph (2)(B) at least annually, except 
                the indicators under paragraph (2)(B)(v) may be 
                collected, at a minimum, every 2 years; and
                    ``(D) grant recipients and subgrant recipients 
                shall use the data for planning and continuous 
                improvement of activities implemented under this part, 
                and may collect data for indicators that are locally 
                defined, and that are not reported to the State, to 
                meet local needs (so long as such indicators are 
                aligned with the conditions for learning).
    ``(h) Subgrants.--
            ``(1) In general.--
                    ``(A) Awarding of subgrants.--A State that receives 
                a grant under this section shall award subgrants, on a 
                competitive basis, to eligible local applicants--
                            ``(i) based on need as identified by the 
                        State's conditions for learning measurement 
                        system described in subsection (g);
                            ``(ii) that are of sufficient size and 
                        scope to enable subgrantees to carry out 
                        approved activities; and
                            ``(iii) to implement programs that--
                                    ``(I) are comprehensive in nature;
                                    ``(II) are based on scientifically 
                                valid research;
                                    ``(III) improve conditions for 
                                learning; and
                                    ``(IV) are part of a strategy to 
                                achieve all the conditions for 
                                learning.
                    ``(B) Assistance.--A State that receives a grant 
                under this section shall provide assistance to subgrant 
                applicants and recipients in the selection of 
                scientifically valid programs and interventions.
            ``(2) Allocation.--
                    ``(A) In general.--In awarding subgrants under this 
                section, each State shall ensure that, for the 
                aggregate of all subgrants awarded by the State, not 
                less than 20 percent of the subgrant funds are 
                allocated to carry out programs to promote physical 
                activity, education, fitness, and nutrition.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph shall be construed to require States, in 
                making subgrants to eligible local applicants, to 
                require subgrant recipients to use 20 percent of 
                subgrant funds for the promotion of physical activity, 
                education, fitness, and nutrition.
            ``(3) Applications.--An eligible local applicant that 
        desires to receive a subgrant under this subsection shall 
        submit to the State an application at such time, in such 
        manner, and containing such information as the State may 
        require.
            ``(4) Priority.--In awarding subgrants under this 
        subsection, a State shall give priority to applications that--
                    ``(A) demonstrate the greatest need according to 
                the results of the local needs assessment; and
                    ``(B) propose to serve schools with the highest 
                concentrations of poverty, based on the percentage of 
                students receiving or are eligible to receive a free or 
                reduced price lunch under the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1751 et seq.).
            ``(5) Activities of subgrant recipients.--Each recipient of 
        a subgrant under this subsection shall, for the duration of the 
        subgrant, provide for the following:
                    ``(A) Carry out activities--
                            ``(i) the need for which has been 
                        identified, at a minimum, through the State's 
                        conditions for learning measurement system 
                        described in subsection (g);
                            ``(ii) that are part of a comprehensive 
                        strategy or framework to address such need; and
                            ``(iii) that include 1 or more of the 
                        following:
                                    ``(I) Drug and violence prevention;
                                    ``(II) Programs to promote mental 
                                health.
                                    ``(III) Programs to promote 
                                physical activity, education, fitness, 
                                and nutrition.
                    ``(B) Ensure that each framework, intervention, or 
                program selected be based on scientifically valid 
                research and be used for the purpose for which such 
                framework, intervention, or program was found to be 
                effective.
                    ``(C) Use school-level data from the State's 
                conditions for learning measurement system, described 
                in subsection (g), to inform the implementation and 
                continuous improvement of activities carried out under 
                this part.
                    ``(D) Collect and report to the State educational 
                agency, data for schools served by the subgrant 
                recipient, in a manner consistent with the State's 
                conditions for learning measurement system, described 
                in subsection (g).
                    ``(E) Establish policies to expand access to 
                quality physical activity opportunities, including 
                local school wellness policies consistent with the 
                requirements of section 9A of the Richard B. Russell 
                National School Lunch Act. For purposes of this part, 
                school wellness councils established consistent with 
                section 9A of the Richard B. Russell National School 
                Lunch Act may be part of existing school councils, if 
                such councils exist and have the capacity and 
                willingness to address school wellness.
                    ``(F) Engage family members and community-based 
                organizations in the development of conditions for 
                learning surveys, and in the planning, implementation, 
                and review of the subgrant recipient's efforts under 
                this part.
                    ``(G) Consider and accommodate the unique needs of 
                students with disabilities and English learners in 
                implementing activities.
    ``(i) Accountability.--
            ``(1) Establishment of performance metrics.--The Secretary, 
        acting through the Director of the Institute of Education 
        Sciences, shall establish program performance metrics to 
        measure the effectiveness of the activities carried out under 
        this part.
            ``(2) Annual report.--Each State that receives a grant 
        under this part shall prepare and submit an annual report to 
        the Secretary, which shall include information relevant to the 
        conditions for learning, including on progress towards meeting 
        outcomes for the metrics established under paragraph (1).
    ``(j) Evaluation.--From the amount reserved in accordance with 
section 9601, the Secretary, acting through the Director of the 
Institute of Education Sciences, shall conduct an evaluation of the 
impact of the practices funded or disseminated under this section.

``SEC. 4405. TECHNICAL ASSISTANCE.

    ``From the amount reserved under section 4403(3), the Secretary 
shall provide technical assistance to applicants, recipients, and 
subgrant recipients of the programs funded under this part.

``SEC. 4406. PROHIBITED USES OF FUNDS.

    ``No funds appropriated under this part may be used to pay for--
            ``(1) school resource officer or other security personnel 
        salaries, metal detectors, security cameras, or other security-
        related salaries, equipment, or expenses;
            ``(2) drug testing programs; or
            ``(3) the development, establishment, implementation, or 
        enforcement of zero-tolerance discipline policies, other than 
        those expressly required under the Gun-Free Schools Act (20 
        U.S.C. 7151 et seq.).

``SEC. 4407. FEDERAL AND STATE NONDISCRIMINATION LAWS.

    ``Nothing in this part shall be construed to invalidate or limit 
nondiscrimination principles or rights, remedies, procedures, or legal 
standards available to victims of discrimination under any other 
Federal law or law of a State or political subdivision of a State, 
including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 
seq.), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 
794 and 794a), or the Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.). The obligations imposed by this part are in 
addition to those imposed by title VI of the Civil Rights Act of 1964 
(42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 
(20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 
(29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.).''.

SEC. 4106. 21ST CENTURY COMMUNITY LEARNING CENTERS.

    Part E of title IV, as redesignated by section 4103(a) of this Act, 
is amended--
            (1) in section 4501, as redesignated by section 4103(a) of 
        this Act--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1)--
                                    (I) by striking ``to provide'' and 
                                inserting ``to assist States in 
                                providing''; and
                                    (II) by striking ``communities'' 
                                and inserting ``eligible entities'';
                            (ii) in paragraph (1)--
                                    (I) by inserting ``students with 
                                before school, after school, or summer 
                                learning'' after provide;
                                    (II) by striking ``, particularly 
                                students''; and
                                    (III) by striking the comma after 
                                ``low-performing schools'';
                            (iii) in paragraph (2)--
                                    (I) by inserting ``who attend low-
                                performing schools'' after ``offer 
                                students''; and
                                    (II) by striking ``and'' after the 
                                semicolon; and
                            (iv) by striking paragraph (3) and 
                        inserting the following:
            ``(3) significantly increase the number of hours in a 
        regular school day, week, or year in order to provide students 
        with additional time for academic work and for additional 
        subjects and enrichment activities that increase student 
        achievement and engagement; and
            ``(4) comprehensively redesign and implement an expanded 
        school day, expanded school week, or expanded school year 
        schedule for all students in a high-need school, to provide 
        additional time for--
                    ``(A) instruction in core academic subjects;
                    ``(B) instruction in additional subjects and 
                enrichment activities; and
                    ``(C) teachers and staff to collaborate, plan, and 
                engage in professional development within and across 
                grades and subjects.''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``that--
                                '' and inserting ``that provides 1 or 
                                more of the following:'';
                                    (II) in subparagraph (A)--
                                            (aa) by striking 
                                        ``assists'' and inserting 
                                        ``Before school, after school, 
                                        or summer learning programs 
                                        that assist'';
                                            (bb) by striking ``(such as 
                                        before and after school or 
                                        during summer recess)'' after 
                                        ``not in session''; and
                                            (cc) by striking ``; and'' 
                                        and inserting a period; and
                                    (III) by striking subparagraph (B) 
                                and inserting the following:
                    ``(B) Expanded learning time programs that 
                significantly increase the total number of hours in a 
                regular school day, week, or year, in order to provide 
                students with the greatest academic needs with--
                            ``(i) additional time to participate in 
                        academic activities that--
                                    ``(I) are aligned with the 
                                instruction that such students receive 
                                during the regular school day; and
                                    ``(II) are targeted to the academic 
                                needs of such students; and
                            ``(ii) time to engage in enrichment and 
                        other activities that complement the academic 
                        program and contribute to a well-rounded 
                        education, which may include music and the 
                        arts, physical education, and experiential and 
                        work-based learning opportunities.
                    ``(C) Expanded learning time initiatives that use 
                an expanded school day, expanded school week, or 
                expanded school year schedule to increase the total 
                number of school hours for the school year at a high-
                need school by not less than 300 hours and redesign the 
                school's program in a manner that includes additional 
                time--
                            ``(i) for academic work, and to support 
                        innovation in teaching, in order to improve the 
                        proficiency of participating students, 
                        particularly struggling students, in core 
                        academic subjects;
                            ``(ii) to advance student learning for all 
                        students in all grades;
                            ``(iii) for additional subjects and 
                        enrichment activities that contribute to a 
                        well-rounded education, which may include music 
                        and the arts, physical education, and 
                        experiential and work-based learning 
                        opportunities; and
                            ``(iv) for teachers to engage in 
                        collaboration and professional planning, within 
                        and across grades and subjects.'';
                            (ii) by striking paragraphs (2) and (3) and 
                        inserting the following:
            ``(2) Eligible entity.--
                    ``(A) In general.--The term `eligible entity' means 
                a partnership of--
                            ``(i) 1 or more high-need local educational 
                        agencies in partnership with 1 or more 
                        nonprofit organizations with a demonstrated 
                        record of success in designing and implementing 
                        before school, after school, summer learning, 
                        or expanded learning time activities; or
                            ``(ii) 1 or more nonprofit organizations 
                        with a demonstrated record of success in 
                        designing and implementing before school, after 
                        school, summer learning, or expanded learning 
                        time activities, in partnership with 1 or more 
                        high-need local educational agencies.
                    ``(B) Special rule.--A State educational agency 
                shall deem a rural local educational agency applying 
                for a grant under section 4504 without a partnering 
                public or nonprofit entity to be an eligible entity if 
                the rural local educational agency demonstrates that 
                such agency is unable to partner with a public or 
                nonprofit organization in reasonable geographic 
                proximity or of sufficient quality to meet the 
                requirements of this part.''; and
                            (iii) by redesignating paragraph (4) as 
                        paragraph (3);
            (2) in section 4502, as redesignated by section 4103(a) of 
        this Act--
                    (A) in subsection (a)--
                            (i) by striking ``under section 4206'' and 
                        inserting ``to carry out this part'';
                            (ii) by striking paragraph (1);
                            (iii) by redesignating paragraphs (2) and 
                        (3) as paragraphs (1) and (2), respectively; 
                        and
                            (iv) in paragraph (2), as redesignated by 
                        clause (iii), by striking ``Bureau of Indian 
                        Affairs'' and inserting ``Bureau of Indian 
                        Education'';
                    (B) in subsection (b)(1), by striking ``under 
                section 4206'' and inserting ``to carry out this 
                part''; and
                    (C) in subsection (c)--
                            (i) in paragraph (1), by striking ``4204'' 
                        and inserting ``4504'';
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (B)--
                                            (aa) by striking 
                                        ``responsible for administering 
                                        youth development programs and 
                                        adult learning activities'' and 
                                        inserting ``as applicable''; 
                                        and
                                            (bb) by striking 
                                        ``4204(b)'' and inserting 
                                        ``4504(b)''; and
                                    (II) by striking the undesignated 
                                matter following subparagraph (B) and 
                                inserting the following:
                    ``(C) supervising the awarding of funds to eligible 
                entities (in consultation with the Governor and other 
                State agencies responsible for administering youth 
                development programs and adult learning activities).''; 
                and
                            (iii) in paragraph (3)--
                                    (I) in subparagraph (A)--
                                            (aa) by inserting 
                                        ``comprehensive'' after 
                                        ``Monitoring and''; and
                                            (bb) by inserting 
                                        ``(directly, or through a grant 
                                        or contract) of the 
                                        effectiveness'' after 
                                        ``evaluation'';
                                    (II) by striking subparagraph (B) 
                                and inserting the following:
                    ``(B) Providing capacity building, training, 
                professional development, and technical assistance 
                under this part to eligible entities, relating to 
                activities such as--
                            ``(i) coordinating activities carried out 
                        under this part with other Federal, State, and 
                        local programs so as to implement high-quality 
                        programs; and
                            ``(ii) aligning activities carried out 
                        under this part with State academic content 
                        standards.''; and
                                    (III) by striking subparagraphs (C) 
                                and (D);
            (3) in section 4503(a), as redesignated by section 4103(a) 
        of this Act--
                    (A) in the matter preceding paragraph (1), by 
                striking ``4202'' and inserting ``4502'';
                    (B) in paragraph (3), by striking ``serve--'' 
                through ``subparagraph (A)'' and inserting ``serve 
                students who primarily attend high-need schools and 
                schools that are identified through a State's 
                accountability and improvement system under subsection 
                (b) or (c)(2) of section 1116'';
                    (C) in paragraph (4)--
                            (i) by inserting ``the State's rigorous, 
                        high-quality competition for grants under 
                        section 4204, including'' after ``describes''; 
                        and
                            (ii) by striking ``, which shall include'' 
                        through ``standards'';
                    (D) by striking paragraph (5) and inserting the 
                following:
            ``(5) describes how the State educational agency will 
        ensure that awards made under this part are of sufficient size 
        and scope to support high-quality, effective programs that are 
        consistent with the purpose of this part;'';
                    (E) by striking paragraph (7) and inserting the 
                following:
            ``(7) describes how the State educational agency will 
        assist eligible entities in coordinating funds received through 
        the grant with other funding streams, in order to support a 
        coherent and sustainable approach to funding and implementing 
        programs and activities under this part and other programs 
        under this Act;'';
                    (F) in paragraph (8)(A), by striking ``not less 
                than 3 years and not more than 5 years'' and inserting 
                ``not more than 3 years, and may extend a grant for an 
                additional period of not more than 2 years if the 
                eligible entity is achieving the intended outcomes of 
                the grant'';
                    (G) in paragraph (10)--
                            (i) by inserting ``, if any,'' after 
                        ``transportation needs''; and
                            (ii) by striking ``4204(b)'' and inserting 
                        ``4504(b)'';
                    (H) in paragraph (11), by striking ``before and 
                after school (or summer school) programs, the heads of 
                the State health and mental health agencies or their 
                designees,'' and inserting ``before school, after 
                school, summer learning, and expanded learning time 
                programs and initiatives,'';
                    (I) in paragraph (12), by striking ``before and 
                after school'' and inserting ``before school, after 
                school, summer learning, and expanded learning time'';
                    (J) in paragraph (13)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, on a regular basis, and 
                        not less than every 3 years after the receipt 
                        of the grant'' after ``will evaluate'';
                            (ii) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) a description of the benchmarks and 
                performance goals that will be used to hold eligible 
                entities accountable and to determine whether to 
                provide eligible entities receiving a grant under 
                section 4504 with an additional 2-year period of grant 
                funding after the initial 3-year grant; and''; and
                            (iii) in subparagraph (B), by striking 
                        ``and'' after the semicolon;
                    (K) in paragraph (14), by striking the period at 
                the end and inserting ``; and''; and
                    (L) by adding at the end the following:
            ``(15) contains an assurance that each eligible entity that 
        applies for an award under section 4504 shall have the 
        flexibility to apply for funds to carry out programs described 
        in subparagraph (A), (B), or (C) of section 4501(b)(1).'';
            (4) in section 4504, as redesignated by section 4103(a) of 
        this Act--
                    (A) in subsection (a), by striking ``4202(c)(1)'' 
                and inserting ``4502(c)(1)'';
                    (B) in subsection (b)(2)--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) a description of the before school, after 
                school, summer learning, or expanded learning time 
                activities to be funded, including--
                            ``(i) evidence that research-based 
                        strategies for student achievement and 
                        engagement will be utilized in the program;
                            ``(ii) as applicable, an explanation of how 
                        the program will offer students--
                                    ``(I) academic instruction that is 
                                aligned with the academic needs of the 
                                students; and
                                    ``(II) engaging enrichment 
                                activities that are aligned with the 
                                developmental needs and interests of 
                                the students, and that contribute to a 
                                well-rounded education;
                            ``(iii) an assurance that the program will 
                        take place in a safe learning environment and 
                        an easily accessible facility;
                            ``(iv) if applicable, a description of how 
                        students participating in the program will 
                        travel safely to and from home; and
                            ``(v) a description of how the eligible 
                        entity will disseminate information about the 
                        program to the community in a manner that is 
                        understandable and accessible;'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``activity'' and 
                                inserting ``program''; and
                                    (II) by adding at the end ``and 
                                help keep students on track to college 
                                and career readiness'';
                            (iii) by striking subparagraphs (L) and 
                        (M);
                            (iv) by striking subparagraph (E) and 
                        inserting the following:
                    ``(E) as applicable, an explanation of how the 
                program will offer students--
                            ``(i) academic instruction that is aligned 
                        with the academic needs of the students; and
                            ``(ii) engaging enrichment activities that 
                        are aligned with the developmental needs and 
                        interests of the students, and that contribute 
                        to a well-rounded education;'';
                            (v) in subparagraph (F), by striking 
                        ``schools eligible'' and all that follows 
                        through ``such students'' and inserting ``high-
                        need schools and schools that are identified 
                        through a State's accountability and 
                        improvement system under subsections (b) or 
                        (c)(2) of section 1116'';
                            (vi) by striking subparagraph (H) and 
                        inserting the following:
                    ``(H) a description of the capacity of the eligible 
                entity partners described in section 4501(b)(2)(A)(ii) 
                to successfully implement the program, including the 
                quality and experience of the management team of such 
                partners;'';
                            (vii) in subparagraph (I)--
                                    (I) by striking ``in the center''; 
                                and
                                    (II) by striking ``(including the 
                                needs of working families)'';
                            (viii) by striking subparagraph (J) and 
                        inserting the following:
                    ``(J) a description of the education and training 
                activities that program staff and teachers, as 
                applicable, have received or will receive to 
                effectively administer the proposed program;''; and
                            (ix) by redesignating subparagraph (N) as 
                        subparagraph (L);
                    (C) by striking subsections (d) and (h) and 
                redesignating subsections (e) through (g) and (i) as 
                subsections (d) through (f) and (g), respectively;
                    (D) in subsection (f), as redesignated by 
                subparagraph (C), by striking ``not less than 3 years 
                and not more than 5 years'' and inserting ``not more 
                than 3 years, and may be extended for an additional 
                period of not more than 2 years, if an eligible entity 
                is achieving the intended outcomes of the grant'';
                    (E) by striking subsection (g), as redesignated by 
                subparagraph (C), and inserting the following:
    ``(g) Priority.--
            ``(1) In general.--In awarding grants under this part, a 
        State educational agency shall give priority to high-quality 
        applications that--
                    ``(A) are based on strong research evidence for 
                improving student learning, as measured by student 
                achievement and other measures of student learning and 
                development that are appropriate for, and aligned to, 
                the program's goals and design;
                    ``(B) propose to serve the highest percentage of 
                students from low-income families;
                    ``(C) include a partnership agreement, signed by 
                each partner of the eligible entity, that--
                            ``(i) shows that the staff of each partner 
                        are committed to work collaboratively to 
                        implement the proposed activities, including 
                        through coordinated planning, collaborative 
                        implementation, and joint professional 
                        development and training opportunities;
                            ``(ii) sets clear expectations, including 
                        measurable goals for each partner;
                            ``(iii) requires the collection and 
                        reporting of data about the outcomes of 
                        programs funded under this part, in order to 
                        monitor progress toward achieving such goals 
                        and inform implementation; and
                            ``(iv) specifies how student information 
                        will be shared to advance the goals of the 
                        proposed program and activities, including 
                        student academic achievement and engagement 
                        data, as appropriate and in accordance with 
                        Federal, State, and local laws; and
                    ``(D) are submitted by eligible entities that will 
                provide matching funds to carry out the activities 
                supported by the grant, as described in paragraph (2).
            ``(2) Matching funds.--
                    ``(A) Amount of matching funds.--In awarding grants 
                under this section, a State educational agency shall 
                give priority to applications from eligible entities 
                that, in addition to meeting the requirements of 
                paragraph (1), provide matching funds in an amount not 
                less than--
                            ``(i) for the first year of an initial 
                        grant under this section, 10 percent of the 
                        cost of the activities;
                            ``(ii) for the second year of such grant, 
                        20 percent of the cost of the activities;
                            ``(iii) for the third year of such grant, 
                        and for the first year of a subsequent grant 
                        under this section, 30 percent of the cost of 
                        the activities; and
                            ``(iv) for the second or any succeeding 
                        year of such subsequent grant, 40 percent of 
                        the cost of the activities.
                    ``(B) Cash or in-kind.--The eligible entity may 
                provide the matching funds described in subparagraph 
                (A) in cash or in-kind, fairly evaluated, including 
                plant, equipment, or services, but may not provide more 
                than 50 percent of the matching funds in-kind.
                    ``(C) Waiver.--A State educational agency may waive 
                all or part of the matching requirement for priority 
                described in this paragraph, on a case-by-case basis, 
                upon a showing of serious financial hardship.''; and
                    (F) by adding at the end the following:
    ``(h) Special Rule.--In implementing 21st Century Community 
Learning Centers, the Department shall not give priority to, show 
preference for, or provide direction about whether communities use 21st 
Century Community Learning Centers funds for eligible entities 
described in subparagraph (A), (B), or (C) of section 4501(b)(1).'';
            (5) in section 4505, as redesignated by section 4103(a) of 
        this Act--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``before and after school 
                        activities (including during summer recess 
                        periods)'' and inserting ``before school, after 
                        school, summer learning, or expanded learning 
                        time activities'';
                            (ii) by redesignating paragraphs (1) 
                        through (12) as paragraphs (2) through (13), 
                        respectively;
                            (iii) by inserting before paragraph (2), as 
                        redesignated by clause (ii), the following:
            ``(1) high-quality expanded learning time programs or 
        initiatives;'';
                            (iv) in paragraph (6), as redesignated by 
                        clause (ii), by striking ``(including those 
                        provided by senior citizen volunteers)''; and
                            (v) in paragraph (7), as redesignated by 
                        clause (ii), by striking ``limited English 
                        proficient students'' and inserting ``English 
                        learners''; and
                    (B) by striking subsection (b) and inserting the 
                following:
    ``(b) Performance Indicators.--Each State educational agency that 
receives a grant under this part shall collect, and annually report to 
the Secretary, information on the following performance indicators, 
disaggregated, as appropriate, by the subgroups described in section 
1111(a)(2)(B)(ix):
            ``(1) The average time added to the school day, school 
        week, or school year, if applicable.
            ``(2) Student participation and attendance rates for the 
        programs funded under this part.
            ``(3) Student achievement in core academic subjects and 
        high school graduation rates, as applicable, for students who 
        participate in such programs.''.

SEC. 4107. PROMISE NEIGHBORHOODS.

    Title IV (20 U.S.C. 7101 et seq.) is amended by inserting after 
part E, as redesignated by section 4103(a) of this Act, the following:

                    ``PART F--PROMISE NEIGHBORHOODS

``SEC. 4601. SHORT TITLE.

    ``This part may be cited as the `Promise Neighborhoods Act of 
2011'.

``SEC. 4602. PURPOSE.

    ``The purpose of this part is to significantly improve academic 
outcomes, including school readiness, high school graduation, and 
college and career readiness of children living in our Nation's most 
distressed neighborhoods, by using data-driven decisionmaking and 
existing external resources to provide children in such neighborhoods 
with access to a community-based continuum of high-quality pipeline 
services that include access to early learning opportunities, high-
quality schools, and evidence-based practices that address the needs of 
such children from birth through college and career.

``SEC. 4603. DEFINITIONS.

    ``In this part:
            ``(1) College and career readiness.--The term `college and 
        career readiness' means the level of preparation a student 
        needs in order to meet the State academic content and 
        achievement standards under section 1111(a)(1).
            ``(2) Community of practice.--The term `community of 
        practice' means a group of entities that interact regularly to 
        share best practices to address 1 or more persistent problems, 
        or improve practice with respect to such problems, in 1 or more 
        neighborhoods.
            ``(3) Expanded learning time.--The term `expanded learning 
        time' means the activities and programs described in 
        subparagraphs (A), (B), and (C) of section 4501(b)(1).
            ``(4) Family and student supports.--The term `family and 
        student supports' includes--
                    ``(A) health programs (including both mental health 
                and physical health services);
                    ``(B) school-, public-, and child-safety programs;
                    ``(C) programs that improve family stability;
                    ``(D) workforce development programs (including 
                those that meet local business needs, such as 
                internships and externships);
                    ``(E) social service programs;
                    ``(F) legal aid programs;
                    ``(G) financial literacy education programs;
                    ``(H) adult education and family literacy programs;
                    ``(I) parent, family, and community engagement 
                programs; and
                    ``(J) programs that increase access to learning 
                technology and enhance the digital literacy skills of 
                students.
            ``(5) Integrated student supports.--The term `integrated 
        student supports' means services, supports, and community 
        resources, which shall be offered through a site coordinator 
        for at-risk students, that have been shown by evidence-based 
        research--
                    ``(A) to increase academic achievement and 
                engagement;
                    ``(B) to support positive child and youth 
                development; and
                    ``(C) to increase student preparedness for success 
                in college and the workforce.
            ``(6) Neighborhood.--The term `neighborhood' means a 
        defined geographical area in which there are multiple signs of 
        distress, demonstrated by indicators of need, including 
        poverty, childhood obesity rates, academic failure, and rates 
        of juvenile delinquency, adjudication, or incarceration.
            ``(7) Pipeline services.--The term `pipeline services' 
        means a continuum of supports and services for children from 
        birth through college entry, college success, and career 
        attainment, including, at a minimum, strategies to address 
        through services or programs (including integrated student 
        supports and wraparound services) the following:
                    ``(A) Prenatal education and support for expectant 
                parents.
                    ``(B) High-quality early learning opportunities.
                    ``(C) High-quality schools and out-of-school-time 
                programs and strategies.
                    ``(D) Support for a child's transition to 
                elementary school, between elementary school to middle 
                school, from middle school to high school, and from 
                high school into and through college and into the 
                workforce.
                    ``(E) Parent, family, and community engagement.
                    ``(F) Parent, family, and student supports.
                    ``(G) Activities that support college and career 
                readiness, including coordination between such 
                activities, such as--
                            ``(i) assistance with college admissions, 
                        financial aid, and scholarship applications, 
                        especially for low-income and low-achieving 
                        students; and
                            ``(ii) career preparation services and 
                        supports and wrap around services.

          ``Subpart 1--Promise Neighborhood Partnership Grants

``SEC. 4611. PROGRAM AUTHORIZED.

    ``(a) In General.--
            ``(1) Program authorized.--From amounts appropriated to 
        carry out this subpart, the Secretary shall award grants, on a 
        competitive basis, to eligible entities to implement a 
        comprehensive, evidence-based continuum of coordinated services 
        and supports that engages community partners to improve 
        academic achievement, student development, and college and 
        career readiness, measured by common outcomes, by carrying out 
        the activities described in section 4614 in neighborhoods with 
        high concentrations of low-income individuals and persistently 
        low-achieving schools or schools with an achievement gap.
            ``(2) Sufficient size and scope.--Each grant awarded under 
        this subpart shall be of sufficient size and scope to allow the 
        eligible entity to carry out the purpose of this part.
    ``(b) Duration.--Grants awarded under this subpart shall be for a 
period of not more than 5 years and may be renewed for not more than 1 
additional grant period.
    ``(c) Continued Funding.--Continued funding after the third year of 
the grant period shall be contingent on the eligible entity's progress 
toward meeting the performance metrics described in section 4616(a).
    ``(d) Matching Requirement.--Each eligible entity receiving a grant 
under this subpart shall contribute matching funds in an amount equal 
to not less than 100 percent of the amount of the grant. Such matching 
funds shall come from non-Federal sources. The Secretary shall require 
that a portion of such matching funds come from private sources.
    ``(e) Financial Hardship Waiver.--The Secretary may waive or 
reduce, on a case-by-case basis, the matching requirement described in 
subsection (d), for a period of 1 year at a time, if the eligible 
entity demonstrates significant financial hardship.

``SEC. 4612. ELIGIBLE ENTITIES.

    ``In this subpart, the term `eligible entity' means not less than 1 
nonprofit entity in partnership with not less than 1 high-need local 
educational agency. Such partnership may also include any of the 
following entities:
            ``(1) A charter school funded by the Bureau of Indian 
        Education that is not a local educational agency, except that 
        such school shall not be the fiscal agent for the eligible 
        entity partnership.
            ``(2) An institution of higher education, as defined in 
        section 102 of the Higher Education Act of 1965 (20 U.S.C. 
        1002).
            ``(3) The office of a chief elected official of a unit of 
        local government.
            ``(4) An Indian tribe or tribal organization, as defined 
        under section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b).

``SEC. 4613. APPLICATION REQUIREMENTS.

    ``(a) In General.--To be eligible to receive a grant under this 
subpart, an eligible entity shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require.
    ``(b) Contents of Application.--At a minimum, an application 
described in subsection (a) shall include the following:
            ``(1) A plan to significantly improve the academic outcomes 
        of children living in a neighborhood that is served by the 
        eligible entity, by providing a continuum of services and 
        supports that addresses the needs of children in the 
        neighborhood, as identified by the needs analysis described in 
        paragraph (4) and supported by evidence-based practices.
            ``(2) A description of the neighborhood that the eligible 
        entity will serve.
            ``(3) Measurable annual goals for the outcomes of the 
        grant, including--
                    ``(A) performance goals, in accordance with the 
                metrics described in section 4616(a), for each year of 
                the grant; and
                    ``(B) projected participation rates and any plans 
                to expand the number of children served or the 
                neighborhood proposed to be served by the grant 
                program.
            ``(4) An analysis of the needs and assets of the 
        neighborhood identified in paragraph (2), including--
                    ``(A) a description of the process through which 
                the needs analysis was produced, including a 
                description of how parents, family, and community 
                members were engaged in such analysis;
                    ``(B) an analysis of community assets, including 
                programs already provided from Federal and non-Federal 
                sources, within, or accessible to, the neighborhood, 
                including, at a minimum--
                            ``(i) early learning programs, including 
                        high-quality child care, Early Head Start 
                        programs, Head Start programs, and 
                        prekindergarten programs;
                            ``(ii) the availability of healthy food 
                        options and opportunities for physical 
                        activity;
                            ``(iii) existing family and student 
                        supports;
                            ``(iv) locally owned businesses and 
                        employers; and
                            ``(v) institutions of higher education;
                    ``(C) evidence of successful collaboration within 
                the neighborhood;
                    ``(D) the steps that the eligible entity is taking, 
                at the time of the application, to address the needs 
                identified in the needs analysis; and
                    ``(E) any barriers the eligible entity, public 
                agencies, and other community-based organizations have 
                faced in meeting such needs.
            ``(5) A description of the data used to identify the 
        pipeline services to be provided, including data regarding--
                    ``(A) school readiness;
                    ``(B) academic achievement and college and career 
                readiness;
                    ``(C) graduation rates;
                    ``(D) health indicators;
                    ``(E) college enrollment, persistence, and 
                completion rates, as available; and
                    ``(F) conditions for learning, including school 
                climate surveys, discipline rates, and student 
                attendance and incident data.
            ``(6) A description of the process used to develop the 
        application, including the involvement of family and community 
        members.
            ``(7) An estimate of--
                    ``(A) the number of children, by age, who will be 
                served by each pipeline service; and
                    ``(B) for each age group, the percentage of 
                children (of such age group), within the neighborhood, 
                who the eligible entity proposes to serve, 
                disaggregated by each service, and the goals for 
                increasing such percentage over time.
            ``(8) A description of how the pipeline services will 
        facilitate the coordination of the following activities:
                    ``(A) Providing high-quality early learning 
                opportunities for children, beginning prenatally and 
                extending through grade 3, by--
                            ``(i) supporting high-quality early 
                        learning opportunities that provide children 
                        with access to programs that support the 
                        cognitive and developmental skills, including 
                        social and emotional skills, needed for success 
                        in elementary school;
                            ``(ii) providing for opportunities, through 
                        parenting classes, baby academies, home visits, 
                        or other evidence-based strategies, for 
                        families and expectant parents to--
                                    ``(I) acquire the skills to promote 
                                early learning, development, and health 
                                and safety, including learning about 
                                child development and positive 
                                discipline strategies (such as through 
                                the use of technology and public media 
                                programming);
                                    ``(II) learn about the role of 
                                families and expectant parents in their 
                                child's education; and
                                    ``(III) become informed about 
                                educational opportunities for their 
                                children, including differences in 
                                quality among early learning 
                                opportunities;
                            ``(iii) ensuring successful transitions 
                        between early learning programs and elementary 
                        school, including through the establishment of 
                        memoranda of understanding between early 
                        learning providers and local educational 
                        agencies serving young children and families;
                            ``(iv) ensuring appropriate screening, 
                        diagnostic assessments, and referrals for 
                        children with disabilities, developmental 
                        delays, or other special needs, consistent with 
                        the Individuals with Disabilities Education Act 
                        (20 U.S.C. 1400 et seq.), where applicable;
                            ``(v) improving the early learning 
                        workforce in the community, including through--
                                    ``(I) investments in the 
                                recruitment, retention, distribution, 
                                and support of high-quality 
                                professionals, especially those with 
                                certification and experience in child 
                                development;
                                    ``(II) the provision of high-
                                quality teacher preparation and 
                                professional development; or
                                    ``(III) the use of joint 
                                professional development for early 
                                learning providers and elementary 
                                school teachers and administrators; and
                            ``(vi) enhancing data systems and data 
                        sharing among the eligible entity, partners, 
                        early learning providers, schools, and local 
                        educational agencies operating in the 
                        neighborhood.
                    ``(B) Supporting, enhancing, operating, or 
                expanding rigorous and comprehensive education reforms 
                designed to significantly improve educational outcomes 
                for children and youth in early learning programs 
                through grade 12, which may include--
                            ``(i) operating schools or working in close 
                        collaboration with local schools to provide 
                        high-quality academic programs, curricula, and 
                        integrated student supports;
                            ``(ii) providing expanded learning time; 
                        and
                            ``(iii) providing programs and activities 
                        that ensure that students--
                                    ``(I) are prepared for the college 
                                admissions, scholarship, and financial 
                                aid application processes; and
                                    ``(II) graduate college and career 
                                ready.
                    ``(C) Supporting access to a healthy lifestyle, 
                which may include--
                            ``(i) the provision of high-quality and 
                        nutritious meals;
                            ``(ii) access to programs that promote 
                        physical activity, physical education, and 
                        fitness; and
                            ``(iii) education to promote a healthy 
                        lifestyle and positive body image.
                    ``(D) Providing social, health, and mental health 
                services and supports, including referrals for 
                essential care and preventative screenings, for 
                children, family, and community members, which may 
                include--
                            ``(i) dental services;
                            ``(ii) vision care; and
                            ``(iii) speech, language, and auditory 
                        screenings and referrals.
                    ``(E) Supporting students and family members as the 
                students transition from early learning programs into 
                elementary school, from elementary school to middle 
                school, from middle school to high school, from high 
                school into and through college and into the workforce, 
                including through evidence-based strategies to address 
                challenges that students may face as they transition, 
                such as the following:
                            ``(i) Early college high schools.
                            ``(ii) Dual enrollment programs.
                            ``(iii) Career academies.
                            ``(iv) Counseling and support services.
                            ``(v) Dropout prevention and recovery 
                        strategies.
                            ``(vi) Collaboration with the juvenile 
                        justice system and reentry counseling for 
                        adjudicated youth.
                            ``(vii) Advanced Placement or International 
                        Baccalaureate courses.
                            ``(viii) Teen parent classrooms.
                            ``(ix) Graduation and career coaches.
            ``(9) A description of the strategies that will be used to 
        provide pipeline services (including a description of the 
        process used to identify such strategies and the outcomes 
        expected and a description of which programs and services will 
        be provided to children, family members, community members, and 
        children not attending schools or programs operated by the 
        eligible entity or its partner providers) to support the 
        purpose of this part.
            ``(10) An explanation of the process the eligible entity 
        will use to establish and maintain family and community 
        engagement.
            ``(11) An explanation of how the eligible entity will 
        continuously evaluate and improve the continuum of high-quality 
        pipeline services, including--
                    ``(A) a description of the metrics, consistent with 
                section 4616(a), that will be used to inform each 
                component of the pipeline; and
                    ``(B) the processes for using data to improve 
                instruction, optimize integrated student supports, 
                provide for continuous program improvement, and hold 
                staff and partner organizations accountable.
            ``(12) An identification of the fiscal agent, which may be 
        any entity described in section 4612 (not including paragraph 
        (1) of such section).
            ``(13) A list of the non-Federal sources of funding that 
        the eligible entity will secure to comply with the matching 
        funds requirement described in section 4611(d), in addition to 
        other programs from which the eligible entity has already 
        secured funding, including those funded by the Department or 
        programs in the Department of Health and Human Services, the 
        Department of Housing and Urban Development, the Department of 
        Justice, or the Department of Labor.
    ``(c) Memorandum of Understanding.--An eligible entity, as part of 
the application described in this section, shall submit a preliminary 
memorandum of understanding, signed by each partner entity or agency. 
The preliminary memorandum of understanding shall describe, at a 
minimum--
            ``(1) each partner's financial and programmatic commitment 
        with respect to the strategies described in the application, 
        including an identification of the fiscal agent;
            ``(2) each partner's long-term commitment to providing 
        pipeline services that, at a minimum, accounts for the cost of 
        supporting the continuum of supports and services (including a 
        plan for how to support services and activities after grant 
        funds are no longer available) and potential changes in local 
        government;
            ``(3) each partner's mission and the plan that will govern 
        the work that the partners do together;
            ``(4) each partner's long-term commitment to supporting the 
        continuum of supports and services through data collection, 
        monitoring, reporting, and sharing; and
            ``(5) each partner's commitment to ensure sound fiscal 
        management and controls, including evidence of a system of 
        supports and personnel.

``SEC. 4614. USE OF FUNDS.

    ``(a) In General.--Each eligible entity that receives a grant under 
this subpart shall use the grant funds to--
            ``(1) implement the pipeline services, as described in the 
        application under section 4613; and
            ``(2) continuously evaluate the success of the program and 
        improve the program based on data and outcomes.
    ``(b) Special Rules.--
            ``(1) Funds for pipeline services.--Each eligible entity 
        that receives a grant under this subpart shall, in the second 
        year of the grant and each subsequent year, including each year 
        of a renewal grant, use not less than 80 percent of grant funds 
        to carry out the activities described in subsection (a)(1).
            ``(2) Operational flexibility.--Each eligible entity that 
        operates a school in a neighborhood served by a grant program 
        under this subpart shall provide such school with the 
        operational flexibility, including autonomy over staff, time, 
        and budget, needed to effectively carry out the activities 
        described in the application under section 4613.

``SEC. 4615. REPORT AND PUBLICLY AVAILABLE DATA.

    ``(a) Report.--Each eligible entity that receives a grant under 
this subpart shall prepare and submit an annual report to the 
Secretary, which shall include--
            ``(1) information about the number and percentage of 
        children in the neighborhood who are served by the grant 
        program, including a description of the number and percentage 
        of children accessing each of the pipeline services;
            ``(2) data (disaggregated by the categories described in 
        section 1111(a)(2)(B)(ix)) about the grant program's success 
        in--
                    ``(A) narrowing achievement gaps and improving 
                student achievement;
                    ``(B) ensuring school readiness and healthy socio-
                emotional development;
                    ``(C) increasing student persistence;
                    ``(D) increasing student attendance, and decreasing 
                incidences of violence, suspension, and expulsion;
                    ``(E) improving conditions for learning, as 
                measured by a school climate survey; and
                    ``(F) increasing secondary school graduation rates 
                and college entry;
            ``(3) information relating to the performance metrics 
        described in section 4616(a); and
            ``(4) other indicators that may be required by the 
        Secretary, in consultation with the Director of the Institute 
        of Education Sciences.
    ``(b) Publicly Available Data.--Each eligible entity that receives 
a grant under this subpart shall make publicly available, including 
through electronic means, the information described in subsection (a). 
To the extent practicable, such information shall be provided in a form 
and language accessible to parents and families in the neighborhood, 
and such information shall be a part of statewide longitudinal data 
systems.

``SEC. 4616. ACCOUNTABILITY.

    ``(a) Performance Metrics.--The Secretary shall establish 
performance metrics relevant to the evaluation of the grant program 
under this subpart.
    ``(b) Evaluation.--The Secretary shall evaluate the implementation 
and impact of the activities funded under this subpart, in accordance 
with section 9601.

                   ``Subpart 2--Promise School Grants

``SEC. 4621. PROGRAM AUTHORIZED.

    ``(a) In General.--
            ``(1) Program authorized.--From amounts appropriated to 
        carry out this subpart, the Secretary shall award grants, on a 
        competitive basis, to eligible entities to implement school-
        centered, evidence-based strategies and integrated student 
        supports that leverage community partnerships to improve 
        student achievement and child and youth development by carrying 
        out the activities described in section 4624 in schools with 
        high concentrations of low-income children.
            ``(2) Sufficient size and scope.--Each grant awarded under 
        this subpart shall be of sufficient size and scope to allow the 
        eligible entity to carry out the purpose of this part.
    ``(b) General Provisions.--The requirements of subsections (b), 
(c), (d), and (e) of section 4611 and section 4614(b) shall apply to a 
grant under this subpart in the same manner as such subsections apply 
to a grant under subpart 1, except that the performance metrics used 
for section 4611(c) shall be the metrics under section 4626(a).

``SEC. 4622. DEFINITION OF ELIGIBLE ENTITY.

    ``In this subpart, the term `eligible entity' means--
            ``(1) not less than 1 high-need local educational agency 
        (including a charter school that is a local educational agency) 
        in partnership with 1 or more nonprofit entities or 
        institutions of higher education; or
            ``(2) a school funded by the Bureau of Indian Education 
        that falls under the definition of a local educational agency 
        in partnership with 1 or more nonprofit entities or 
        institutions of higher education.

``SEC. 4623. APPLICATION REQUIREMENTS; PRIORITY.

    ``(a) In General.--To be eligible to receive a grant under this 
subpart, an eligible entity shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require.
    ``(b) Contents of Application.--At a minimum, the application 
described in subsection (a) shall include the following:
            ``(1) A description of the local educational agency, 
        schools, and students that will be served by the subgrant 
        program.
            ``(2) A description of the steps that the eligible entity 
        is taking--
                    ``(A) to meet the needs identified in the analysis 
                described in paragraph (4); and
                    ``(B) to remove any barriers that the eligible 
                entity has identified in meeting such needs.
            ``(3) The designation of a site coordinator, with 
        appropriate qualifications and appropriate time, autonomy, and 
        support to provide--
                    ``(A) leadership in building relationships and 
                establishing and sustaining partnerships that support 
                school improvement, school turnaround efforts in 
                accordance with section 1116(c), increases in student 
                achievement, positive child and youth development, and 
                parent, family, and community engagement; and
                    ``(B) effective coordination of student services at 
                all stages of the continuum of high-quality pipeline 
                services.
            ``(4) An analysis of the needs and assets of the schools 
        and communities that will be assisted under this subpart. Such 
        analysis shall include--
                    ``(A) student data, including information about--
                            ``(i) school readiness;
                            ``(ii) academic achievement;
                            ``(iii) credit accumulation;
                            ``(iv) grade-to-grade promotion;
                            ``(v) graduation;
                            ``(vi) attendance; and
                            ``(vii) discipline; and
                    ``(B) information about the assets described in 
                section 4613(b)(4)(B) with respect to such schools and 
                communities.
            ``(5) An explanation of how the eligible entity and its 
        program partners will use evidence-based practice, data, and 
        research to leverage partnerships to implement integrated 
        student supports and wraparound services to--
                    ``(A) address the needs identified in paragraph 
                (4);
                    ``(B) encourage parents, family members, and 
                community members to--
                            ``(i) participate in the education of their 
                        children and become an integral part of the 
                        school culture, school improvement, and 
                        decisionmaking; and
                            ``(ii) promote strategies that include the 
                        educational and financial literacy information 
                        that is necessary to increase access to, and 
                        success in, postsecondary education;
                    ``(C) enable teachers and administrators, including 
                early learning providers, to complement and enrich 
                efforts to help children--
                            ``(i) achieve learning gains;
                            ``(ii) prepare for graduation; and
                            ``(iii) plan for the future, including 
                        preparing for college and careers; and
                    ``(D) coordinate and leverage other programs that 
                serve children, the schools served by the grant, and 
                the neighborhood.
            ``(6) An explanation of the extent to which the eligible 
        entity and its program partners will serve or involve children 
        residing in the neighborhood regardless of whether such 
        children attend a school served by the grant (including by, as 
        appropriate, providing high-quality early learning 
        opportunities for children, beginning at birth and extending 
        through grade 3) by--
                    ``(A) carrying out the activities described in 
                section 4613(b)(8)(A), as appropriate; and
                    ``(B) carrying out the activities described in 
                subparagraphs (B) through (E) of section 4613(b)(8).
            ``(7) A description of the capacity of the eligible entity 
        for measuring student outcomes and school-specific outcomes.
            ``(8) A description of how the strategies supported with 
        funds under this subpart will be--
                    ``(A) coordinated with other programs and 
                strategies carried out by the local educational agency; 
                and
                    ``(B) to the greatest extent practicable, 
                coordinated with other agencies, such as agencies that 
                provide reentry services to adjudicated youth.
            ``(9) A description of the strategy the eligible entity 
        will use to--
                    ``(A) support family and community engagement; and
                    ``(B) make schools the centers of their respective 
                communities.
            ``(10) A list of the non-Federal sources of funding that 
        the eligible entity will secure to comply with the matching 
        funds requirement described in section 4611(d), in addition to 
        other programs the eligible entity has already secured funding 
        from, including those funded by the Department, or programs in 
        the Department of Health and Human Services, the Department of 
        Housing and Urban Development, the Department of Justice, or 
        the Department of Labor.
    ``(c) Memorandum of Understanding.--An eligible entity, as part of 
the application described in this section, shall submit a preliminary 
memorandum of understanding that meets the requirements of section 
4613(c).
    ``(d) Priority.--In awarding grants under this subpart, the 
Secretary shall give priority to applicants that--
            ``(1) propose to provide a continuum of high-quality 
        education and student support services for children beginning 
        in prekindergarten and extending through high school 
        graduation;
            ``(2) propose to include significant investments in high-
        quality early learning programs, consistent with subsection 
        (b)(6)(A); and
            ``(3) provide schools served by the grant with the 
        operational flexibility, including autonomy over staff, time, 
        and budget, needed to effectively carry out the activities 
        described in the application under this section.

``SEC. 4624. USE OF FUNDS.

    ``Each eligible entity that receives a grant under this subpart 
shall use the grant funds to--
            ``(1) implement the activities described in the application 
        under section 4623; and
            ``(2) continuously evaluate the success of the grant 
        program and improve the grant program based on data and 
        outcomes.

``SEC. 4625. REPORT AND PUBLICLY AVAILABLE DATA.

    ``(a) Report.--Each eligible entity that receives a grant under 
this subpart shall prepare and submit an annual report to the 
Secretary, which shall include--
            ``(1) information about the number and percentage of 
        children served by the grant program, disaggregated the 
        subgroups described in section 1111(b)(2)(B)(ix);
            ``(2) data about the grant program's success in--
                    ``(A) narrowing achievement gaps;
                    ``(B) ensuring school readiness and healthy socio-
                emotional development;
                    ``(C) improving academic achievement;
                    ``(D) increasing student persistence in elementary 
                school and secondary school;
                    ``(E) increasing on-time secondary school 
                graduation rates and college entry; and
                    ``(F) increasing student attendance and decreasing 
                incidents of violence, suspension, and expulsion; and
            ``(3) other indicators that may be required by the 
        Secretary, in consultation with the Director of the Institute 
        of Education Sciences.
    ``(b) Publicly Available Data.--Each eligible entity that receives 
a grant under this subpart shall make publicly available, including 
through electronic means, the information described in subsection (a). 
To the extent practicable, such information shall be provided in a form 
and language accessible to parents and families in the neighborhood.

``SEC. 4626. ACCOUNTABILITY.

    ``(a) Performance Metrics.--The Secretary shall establish 
performance metrics relevant to the evaluation of the grant program 
under this subpart.
    ``(b) Evaluation.--The Secretary shall evaluate the implementation 
and impact of the activities funded under this subpart, in accordance 
with section 9601.

                    ``Subpart 3--General Provisions

``SEC. 4631. NATIONAL ACTIVITIES.

    ``From the amounts appropriated to carry out this part for a fiscal 
year, in addition to the amounts that may be reserved in accordance 
with section 9601, the Secretary may reserve not more than 5 percent 
for national activities, which may include--
            ``(1) research on the activities carried out under subparts 
        1 and 2;
            ``(2) identification and dissemination of best practices;
            ``(3) technical assistance;
            ``(4) professional development; and
            ``(5) other activities consistent with the purpose of this 
        part.''.

SEC. 4108. PARENT AND FAMILY INFORMATION AND RESOURCE CENTERS.

    Title IV (20 U.S.C. 7101 et seq.) is amended by inserting after 
part F, as added by section 4107 of this Act, the following:

      ``PART G--PARENT AND FAMILY INFORMATION AND RESOURCE CENTERS

``SEC. 4701. PURPOSE.

    ``The purpose of this part is to increase and enhance parent and 
family engagement in education by--
            ``(1) providing support and technical assistance to State 
        educational agencies;
            ``(2) supporting a community of practice related to 
        effective parent and family engagement strategies and 
        practices; and
            ``(3) as appropriate, providing information and training to 
        local educational agencies, schools, parents and families, and 
        community members.

``SEC. 4702. DEFINITION OF ELIGIBLE ENTITY.

    ``In this part, the term `eligible entity' means--
            ``(1) a nonprofit organization (including a statewide 
        nonprofit organization); or
            ``(2) a consortium consisting of a nonprofit organization 
        (including a statewide nonprofit organization) and a State 
        educational agency or local educational agency.

``SEC. 4703. GRANTS AUTHORIZED.

    ``(a) Parent and Family Information and Resource Centers.--The 
Secretary is authorized to award grants, on a competitive basis, to 
eligible entities to enable such eligible entities to operate State 
parent and family information and resource centers that--
            ``(1) assist the State educational agency in identifying, 
        implementing, and replicating effective evidence-based parent, 
        family, and community engagement strategies, including 
        assisting the State educational agency in carrying out parent 
        and family engagement strategies that are funded under section 
        1118 and other provisions of this Act;
            ``(2) provide technical assistance, training, information, 
        and support, as appropriate (including support in turning 
        around schools), to, at a minimum, high-need schools and 
        schools that are served by high-need local educational 
        agencies; and
            ``(3) strengthen partnerships among parents, family 
        members, community-based organizations (including faith-based 
        organizations), schools, local educational agencies, employers, 
        and other appropriate community members who are committed to 
        improving and enhancing parent, family, and community 
        engagement in order to improve student achievement and support 
        positive child development.
    ``(b) Duration.--Grants awarded under this part shall be for a 
period of 5 years.
    ``(c) Geographic Distribution.--In awarding grants under this part, 
the Secretary shall ensure that not less than 1 grant is awarded to an 
eligible entity in each State.
    ``(d) Priority.--In awarding grants under this part, the Secretary 
shall give priority to applications from eligible entities that have a 
demonstrated record of effectiveness in increasing and enhancing the 
engagement of parents and families whose children attend a high-need 
school or a school that is served by a high-need local educational 
agency.

``SEC. 4704. APPLICATIONS.

    ``(a) Submission.--Each eligible entity that desires a grant under 
this part shall submit an application to the Secretary at such time, in 
such manner, and accompanied by such information as the Secretary may 
require.
    ``(b) Assurances.--Each application submitted under subsection (a) 
shall include, at a minimum, an assurance that the eligible entity 
will--
            ``(1)(A) be governed by a board of directors, of which not 
        less than 50 percent is comprised of members who are--
                    ``(i) parents or family members of school-aged 
                children in the State that the eligible entity serves, 
                including educationally and economically disadvantaged 
                parents; and
                    ``(ii) community stakeholders who are committed to 
                improving schools and increasing parent and family 
                engagement; or
            ``(B) be an organization or consortium that represents the 
        interests of parents and family members of school-aged 
        children;
            ``(2) use not less than 75 percent of the funds received 
        under this part for each fiscal year to serve areas with a 
        demonstrated high concentration of low-income families;
            ``(3) reserve not less than 20 percent of the funds 
        received under this part for each fiscal year to establish, 
        expand, or operate parent education programs for parents whose 
        children attend early childhood education and care programs;
            ``(4) operate a parent and family information and resource 
        center of sufficient size, scope, and quality to effectively 
        carry out the purpose of this part;
            ``(5) ensure that parents and family members, including 
        economically disadvantaged parents and family members with 
        children who attend high-need schools or schools that are 
        served by high-need local educational agencies, have access to 
        leadership development training and other evidence-based 
        strategies that provide the skills and resources parents and 
        family members need to support school improvement, increase 
        student achievement, and promote positive student development; 
        and
            ``(6) demonstrate to the Secretary that a portion of the 
        services provided by the eligible entity under the grant is 
        supported through non-Federal contributions, which 
        contributions may be in cash or in-kind.
    ``(c) Contents.--In addition to the requirements described in 
subsection (b), each application submitted under subsection (a) shall, 
at a minimum--
            ``(1) describe how the eligible entity will serve both 
        urban and rural areas throughout the State that is served by 
        the eligible entity;
            ``(2) demonstrate the eligible entity's record of 
        effectiveness in carrying out parent and family engagement 
        activities, including the provision of high-quality technical 
        assistance to State educational agencies and local educational 
        agencies;
            ``(3) describe the process through which the eligible 
        entity will--
                    ``(A) leverage relationships with, and collect and 
                exchange information among, partners; and
                    ``(B) disseminate information about evidence-based 
                best practices to support parent and family engagement 
                strategies;
            ``(4) describe the eligible entity's strategy for serving 
        parents and family members of children in the area served by 
        the eligible entity, including parents and family members of 
        students who are served by high-need local educational 
        agencies;
            ``(5) describe how the eligible entity will assist the 
        State educational agency in effectively supporting high-need 
        local educational agencies in--
                    ``(A) increasing parent and family member 
                understanding of, and opportunities to develop the 
                knowledge and skills to engage as full partners in, 
                supporting academic achievement, child development, and 
                school improvement; and
                    ``(B) employing evidence-based strategies to--
                            ``(i) increase the participation of 
                        economically disadvantaged and English learner 
                        parents and family members in school 
                        activities; and
                            ``(ii) improve parent and family engagement 
                        strategies in low-performing schools served by 
                        high-need local educational agencies; and
            ``(6) identify the Federal, State, and local services and 
        programs that prepare children to be ready for institutions of 
        higher education and careers with which the eligible entity 
        will coordinate, including--
                    ``(A) programs supported under this Act;
                    ``(B) violence prevention programs;
                    ``(C) programs that serve at-risk or out-of-school 
                youth;
                    ``(D) nutrition programs;
                    ``(E) housing programs;
                    ``(F) Head Start and other early childhood care and 
                education programs;
                    ``(G) adult education and literacy activities (as 
                defined in section 203 of the Adult Education and 
                Family Literacy Act); and
                    ``(H) workforce development programs.

``SEC. 4705. USES OF FUNDS.

    ``(a) Required Activities.--Each eligible entity that receives a 
grant under this part shall use such grant funds to provide services to 
parents, family members, educators, and community members and to assist 
State educational agencies, local educational agencies, and, where 
applicable, districtwide parent advisory committees in supporting 
parent and family engagement in education by carrying out the following 
activities:
            ``(1) Providing technical assistance to State educational 
        agencies in--
                    ``(A) reviewing and responding to local parent and 
                family engagement plans described in section 1118(a) 
                (including, at a minimum, such plans submitted by high-
                need local educational agencies) in order to support 
                evidence-based strategies and best practices in parent 
                and family engagement;
                    ``(B) the implementation of Federal and State laws, 
                regulations, and guidance relating to parent and family 
                engagement;
                    ``(C) the implementation or replication of 
                statewide evidence-based programs and strategies, 
                especially for parents who are educationally and 
                economically disadvantaged; and
                    ``(D) applicable evaluation, reporting, and 
                accountability processes.
            ``(2) Obtaining and disseminating information about the 
        range of options, programs, services, and resources (including 
        curricula) that are available at the national level, the State 
        level, and the local level to assist school and local 
        educational agency personnel in implementing evidence-based 
        parent and family engagement strategies.
            ``(3) Coordinating parent and family engagement strategies 
        with relevant Federal, State, and local services and programs.
            ``(4) Working with individuals and organizations with 
        expertise in identifying and implementing evidence-based 
        practices to improve parent and family engagement.
            ``(5) Coordinating and integrating early care and education 
        programs with school-age programs, especially those programs 
        focusing on supporting the transition of young children into 
        kindergarten through grade 3, such as by increasing awareness 
        of school readiness expectations among family and community 
        members.
            ``(6) Implementing parent institutes or other leadership 
        development strategies to ensure that parents and family 
        members have the skills and resources needed to understand 
        student and school data in order to make decisions, effectively 
        communicate with school officials and educators, support school 
        improvement, and increase student achievement.
    ``(b) Permissive Activities.--In addition to the activities 
required under subsection (a), each eligible entity that receives a 
grant under this part may use such grant funds to carry out the 
following activities:
            ``(1) Assisting parents and family members in the State to 
        participate effectively in their children's education through 
        the provision of direct services to parents and family members.
            ``(2) Developing and disseminating templates for schools 
        and local educational agencies to use to provide information 
        about curricula, academic expectations, academic assessments, 
        and the results of academic assessments to family members in a 
        manner and a language that such family members can understand.
            ``(3) Providing training, information, and support to 
        organizations that support partnerships among schools, parents, 
        family members, and districtwide parent advisory committees, as 
        applicable.
            ``(4) Providing professional development to school and 
        local educational agency staff (which may be provided jointly 
        to educators and family members) to assist school and agency 
        staff in developing and implementing strategies to increase and 
        strengthen ongoing communication with parents and family 
        members, including professional development opportunities that 
        prepare teachers to have more focused, goal-oriented, and 
        reciprocal parent-teacher conferences.

``SEC. 4706. ADMINISTRATIVE PROVISIONS.

    ``(a) Matching Funds for Grant Renewal.--For each fiscal year after 
the first fiscal year for which an eligible entity receives assistance 
under this part, the eligible entity shall demonstrate that a portion 
of the services provided by the eligible entity is supported through 
non-Federal contributions, which contributions may be in cash or in-
kind.
    ``(b) Performance Accountability.--
            ``(1) Performance indicators.--Each eligible entity 
        receiving a grant under this part shall submit to the Secretary 
        an annual report regarding the parent and family information 
        and resource centers assisted under this part. Such report 
        shall be made publicly available, including through electronic 
        means, and shall include, at a minimum, a description of how 
        each parent and family information and resource center has 
        performed with respect to the following indicators:
                    ``(A) The number of local educational agencies or 
                other entities that received assistance or support in 
                the previous academic year.
                    ``(B) The number of parents and family members 
                whose children participated in the previous academic 
                year in programs, activities, or strategies supported 
                by the parent and family information and resource 
                center, and--
                            ``(i) the number of such parents whose 
                        children are eligible to be counted under 
                        section 1124(c)(1)(A);
                            ``(ii) the number of such parents whose 
                        children are English learners; and
                            ``(iii) the number of such parents who are 
                        parents of children with disabilities.
                    ``(C) The outcomes directly attributable to the 
                provision of assistance or support provided by the 
                parent and family information and resource center, such 
                as increased parent and family member participation in 
                school planning activities, parent-teacher conferences, 
                or the local educational agency budgeting process.
                    ``(D) Other evidence-based indicators that the 
                Secretary may reasonably require.
            ``(2) Performance goals.--
                    ``(A) In general.--Each eligible entity that is 
                awarded a grant under this part shall establish, in 
                consultation with the Secretary, annual performance 
                goals for each of the indicators described in paragraph 
                (1). Such performance goals shall be made publicly 
                available, including through electronic means.
                    ``(B) Termination.--If an eligible entity receiving 
                grant funds under this part does not meet the 
                performance goals established under this paragraph for 
                2 consecutive years, after the provision of technical 
                assistance in the second consecutive year, the 
                Secretary shall terminate the grant and conduct a new 
                competition for the grant.
                    ``(C) Loss of eligibility.--If an eligible entity 
                has received a grant under this part and such grant has 
                been terminated in accordance with subparagraph (B), 
                the eligible entity shall not be eligible to 
                participate in future grant competitions, or receive 
                grant funds, under this part.
            ``(3) Technical assistance.--The Secretary shall provide 
        technical assistance to each eligible entity receiving a grant 
        under this part that does not meet the performance goals 
        established under paragraph (2).
    ``(c) Report to Congress.--The Secretary shall prepare and submit 
an annual report to the authorizing committees, which shall--
            ``(1) include the information that each eligible entity 
        submits to the Secretary in accordance with subsection (b)(1);
            ``(2) summarize and synthesize the best practices collected 
        by the parent and family information and resource centers for 
        increasing and improving parent, family, and community 
        engagement; and
            ``(3) be made available to the public (including through 
        electronic means).
    ``(d) Rule of Construction.--Nothing in this part shall be 
construed to prohibit a parent and family information and resource 
center from--
            ``(1) allowing its employees or agents to meet with family 
        members at a site that is not on school grounds; or
            ``(2) working with another public or nonprofit agency that 
        serves children.
    ``(e) Parental Rights.--Notwithstanding any other provision of this 
part--
            ``(1) no individual (including a parent who educates a 
        child at home, parent of a public school student, or parent of 
        a private school student) shall be required to participate in 
        any program of parent or family education or developmental 
        screening under this part; and
            ``(2) a program or center assisted under this part shall 
        not take any action that infringes in any manner on the right 
        of a parent to direct the education of such parent's child.''.

SEC. 4108. PROGRAMS OF NATIONAL SIGNIFICANCE.

    The Act (20 U.S.C. 6301 et seq.) is amended--
            (1) by redesignating subpart 1 of part D of title V as part 
        I of title IV, and transferring such part I so as to follow 
        part H of title IV, as redesignated by section 2101(a) of this 
        Act;
            (2) in part I of title IV, as redesignated under paragraph 
        (1), by striking the part heading and inserting the following: 
        ``programs of national significance '';
            (3) by striking section 5414;
            (4) by redesignating sections 5411, 5412, and 5413, as 
        sections 4901, 4902, and 4903, respectively;
            (5) in section 4901, as redesignated under paragraph (4)--
                    (A) in subsection (a)--
                            (i) by striking ``challenging State 
                        academic content and student academic 
                        achievement standards'' and inserting ``college 
                        and career ready academic content and student 
                        academic achievement standards under section 
                        1111(a)(1)''; and
                            (ii) by inserting ``nonprofit'' before 
                        ``private''; and
                    (B) by striking subsection (b), and inserting the 
                following:
    ``(b) Uses of Funds.--A nonprofit entity receiving a grant under 
subsection (a) shall use the grant funds to carry out 1 of the 
following activities:
            ``(1) Providing funding for economically disadvantaged 
        students, including students from military families and recent 
        immigrants, and their teachers, to participate in programs 
        based in Washington, DC that increase civic responsibility and 
        understanding of the Federal Government among young people.
            ``(2) Developing, implementing, evaluating, and 
        disseminating innovative, research-based approaches to civic 
        learning, which may include hands-on civic engagement 
        activities, for low-income elementary school and secondary 
        school students that demonstrate innovation, scalability, 
        accountability, and a focus on underserved populations.
            ``(3) Supporting a national principal and teacher 
        certification process that provides a framework for measuring 
        and improving teaching and instructional leadership with a 
        focus on educators working in schools that are eligible for 
        funding under part A of title I, including comprehensive 
        rigorous teaching standards and assessment systems designed to 
        reward educator effectiveness and deliver high-quality 
        professional development across all academic subjects and 
        grades.
            ``(4) Creating a national teacher corps of outstanding 
        college graduates to teach in underserved communities in order 
        to--
                    ``(A) increase the supply of effective teachers in 
                low-income communities; and
                    ``(B) provide and support the retention of teachers 
                for high-need fields.
            ``(5) Supporting a national network of providers of high-
        quality, evidence-based professional development in writing 
        instruction for teachers across all academic subjects and 
        grades.
            ``(6) Encouraging parents and caregivers to read aloud to 
        their children by supporting programs through which, during 
        pediatric exams, doctors and nurses train parents and 
        caregivers who may not be skilled readers.
            ``(7) Preparing young children from low-income families for 
        reading success by the third grade by--
                    ``(A) distributing inexpensive books;
                    ``(B) training volunteers to serve at-risk 
                children;
                    ``(C) developing motivational literacy activities 
                for at-risk children; and
                    ``(D) providing information on literacy resources, 
                such as those provided by local libraries and other 
                community-based organizations.
            ``(8) Supporting model projects and programs that encourage 
        involvement in the performing and visual arts, for--
                    ``(A) persons with disabilities, by--
                            ``(i) increasing access to all forms of the 
                        arts for all persons, including those living 
                        with intellectual, physical, and sensory 
                        disabilities; and
                            ``(ii) fostering a greater awareness of the 
                        need for arts programs for individuals with 
                        disabilities; and
                    ``(B) children, youth, and educators.
            ``(9) Implementing a coordinated program of scientifically 
        based research, demonstration projects, innovative strategies, 
        and professional development for teachers and other 
        instructional leaders working in high-poverty schools to--
                    ``(A) enhance the ability of educators to meet the 
                special educational needs of gifted and talented 
                students, including high-ability students who have not 
                been formally identified as gifted; and
                    ``(B) prioritize students who have been 
                underrepresented in gifted education programs, 
                including students who are economically disadvantaged, 
                of minority backgrounds, English learners, students 
                with disabilities, and students in rural communities.
            ``(10) Promoting gender equity in education by supporting 
        educational agencies and institutions in meeting the 
        requirements of title IX of the Education Amendments of 1972 
        (20 U.S.C. 1681 et seq.).
            ``(11) Other high-quality, nationally significant programs 
        that meet the purposes of this Act.'';
            (6) in section 4902(c), as redesignated under paragraph 
        (4), by striking ``and in recognizing States, local educational 
        agencies, and schools under section 5411(b)(3), only if funds 
        are used for such recognition programs'';
            (7) in section 4903, as redesignated under paragraph (4)--
                    (A) in subsection (a)(1), by striking ``5412'' and 
                inserting ``4902''; and
                    (B) by striking subsection (d); and
            (8) in each of sections 4901, 4902, and 4903, as 
        redesignated under paragraph (4), by striking ``subpart'' each 
        place the term appears and inserting ``part''.

                     TITLE V--PROMOTING INNOVATION

SEC. 5001. PROMOTING INNOVATION.

    Title V (20 U.S.C. 7201 et seq.) is amended by striking the title 
heading and inserting the following:

                   ``TITLE V--PROMOTING INNOVATION''.

                        PART A--RACE TO THE TOP

SEC. 5101. RACE TO THE TOP.

    Part A of title V (20 U.S.C. 7201 et seq.) is amended to read as 
follows:

                       ``PART A--RACE TO THE TOP

``SEC. 5101. PURPOSES.

    ``The purposes of this part are to provide incentives for States 
and high-need local educational agencies to implement comprehensive 
reforms and innovative strategies that are designed to lead to--
            ``(1) significant improvements in outcomes for all 
        students, including improvements in student readiness, student 
        academic achievement, high school graduation rates, and rates 
        of student enrollment, persistence, and completion in 
        institutions of higher education; and
            ``(2) significant reductions in achievement gaps between 
        the groups of students described in section 1111(a)(2)(B)(ix).

``SEC. 5102. RESERVATION OF FUNDS.

    ``From amounts made available to carry out this part for a fiscal 
year, the Secretary may reserve not more than 5 percent to carry out 
activities in accordance with this part related to technical assistance 
and outreach and dissemination.

``SEC. 5103. RACE TO THE TOP PROGRAM.

    ``(a) Program Authorized.--
            ``(1) In general.--For each fiscal year for which funds are 
        appropriated under this part and from such funds that are not 
        reserved under section 5102, the Secretary shall, in accordance 
        with paragraph (2), determine the goals that are the greatest 
        priority for the United States and award grants, through a 
        grant competition, to eligible entities to enable such eligible 
        entities to carry out comprehensive reforms and innovative 
        strategies in furtherance of such goals.
            ``(2) Selection of goals and categories of entities.--
                    ``(A) In general.--The Secretary shall determine 
                the priorities for grants awarded through a grant 
                competition under this part by selecting in advance of 
                the application period--
                            ``(i) 1 or more categories of entities 
                        described in paragraph (3) that may apply for 
                        and receive the grants through such grant 
                        competition; and
                            ``(ii) 1 or more goals described in 
                        paragraph (4) to be supported under the grants.
                    ``(B) Announcement.--The Secretary shall ensure 
                that information regarding the selections of goals and 
                categories of entities for the grants under this part 
                for an upcoming grant competition is made widely 
                available to eligible entities and that the eligible 
                entities will have sufficient time to prepare a grant 
                application based on the Secretary's decisions for the 
                upcoming grant competition.
            ``(3) Eligible entities.--The categories of entities that 
        may be selected for grants under this part are the following:
                    ``(A) A State.
                    ``(B) A high-need local educational agency.
                    ``(C) A consortium of States.
                    ``(D) A consortium of high-need local educational 
                agencies.
            ``(4) Educational goals.--The goals that the Secretary 
        shall select to support through grants under this part are 1 or 
        more of the following:
                    ``(A) Increasing the access of children from low-
                income families to highly rated teachers and school 
                leaders, including by--
                            ``(i) developing and implementing a teacher 
                        and principal evaluation system consistent with 
                        section 2301(b)(4);
                            ``(ii) improving the effectiveness of 
                        teachers (including early childhood education 
                        and care educators) and school leaders, 
                        including through high-quality preparation, 
                        recruitment, professional development, 
                        evaluation, and other personnel policies; and
                            ``(iii) ensuring that all teachers are 
                        prepared to effectively serve the needs of 
                        students who are children with disabilities or 
                        English learners, particularly through the 
                        general education curriculum.
                    ``(B) Strengthening the availability and use of 
                high-quality and timely data to improve instructional 
                practices, policies, and student outcomes.
                    ``(C) Implementing--
                            ``(i) elementary and secondary school 
                        academic standards that prepare students to be 
                        college and career ready, in accordance with 
                        section 1111(a)(1)(A)(ii); and
                            ``(ii) strategies that translate such 
                        standards into classroom practice, including in 
                        the areas of assessment, instructional 
                        materials, and professional development.
                    ``(D) Turning around the schools served by the 
                eligible entity that are identified through a State's 
                accountability and improvement system under subsection 
                (b) or (c)(2) of section 1116.
                    ``(E) Creating successful conditions for the 
                creation, expansion, and replication of high-performing 
                public charter schools and the creation of new, 
                innovative, and highly autonomous public schools that 
                will enroll a large percentage of students from low-
                income families.
                    ``(F) Providing more equitable State and local 
                resources to high-poverty schools.
                    ``(G) Improving school readiness by--
                            ``(i) increasing the number and percentage 
                        of children from low-income families, in each 
                        age group of infants, toddlers, and 
                        preschoolers, who are enrolled in high-quality 
                        early childhood education and care programs; 
                        and
                            ``(ii) designing and implementing an 
                        integrated system of high-quality early 
                        childhood education and care programs and 
                        services that strengthens the coordination and 
                        collaboration among Federal, State, and local 
                        early childhood education and care programs.
    ``(b) Duration of Grants.--
            ``(1) In general.--Each grant awarded under this part shall 
        be for a period of not more than 4 years.
            ``(2) Requirements for additional funding.--Before 
        receiving funding under any grant under this part for the 
        second or any subsequent year of the grant, the eligible entity 
        receiving the grant shall demonstrate to the Secretary that the 
        eligible entity is--
                    ``(A) making progress in implementing the plan 
                under section 5104(a)(3) at a rate that the Secretary 
                determines will result in full implementation of the 
                plan during the remainder of the grant period; and
                    ``(B) making progress, as measured by the annual 
                performance measures and targets established by the 
                eligible entity under section 5105, at a rate that the 
                Secretary determines will result in reaching the 
                targets and achieving the objectives of the grant, 
                during the remainder of the grant period.
    ``(c) Interagency Agreement.--The Secretary shall establish an 
interagency agreement with the Secretary of Health and Human Services 
to jointly administer any grant competition for the goal of improving 
early childhood education and care, as described in subsection 
(a)(4)(G), and any grants issued under such grant competition.

``SEC. 5104. APPLICATION PROCESS.

    ``(a) In General.--Each eligible entity that desires to receive a 
grant under this part shall submit an application to the Secretary at 
such time, in such manner, and containing such information as the 
Secretary may reasonably require. At a minimum, each such application 
shall include the following:
            ``(1) Documentation of the eligible entity's record, as 
        applicable, in the areas to be measured by the performance 
        measures identified by the Secretary under section 5105(2).
            ``(2) Evidence of conditions of innovation and reform that 
        the eligible entity has established and the eligible entity's 
        plan for implementing additional conditions for innovation and 
        reform, including--
                    ``(A) a description of how the eligible entity has 
                identified and eliminated ineffective practices in the 
                past, and its plan for doing so in the future;
                    ``(B) a description of how the eligible entity has 
                identified and promoted effective practices in the 
                past, and its plan for doing so in the future; and
                    ``(C) steps the eligible entity has taken and will 
                take to eliminate statutory, regulatory, procedural, or 
                other barriers to facilitate the full implementation of 
                its proposed plan under paragraph (3).
            ``(3) A comprehensive and coherent plan for using funds 
        under this part, and other Federal, State, and local funds, to 
        improve the eligible entity's performance on the performance 
        measures identified under section 5105(2), including how the 
        applicant will implement reforms and innovative strategies to 
        achieve the goals selected by the Secretary under section 
        5103(a)(2).
            ``(4) In the case of an eligible entity that is described 
        in subparagraph (A) or (C) of section 5103(a)(3), evidence of 
        collaboration among the eligible entity, local educational 
        agencies in the State (including the local educational agencies 
        participating in carrying out the plan under paragraph (3)), 
        schools that are expected to benefit from the activities under 
        the plan, parents, teachers, and other stakeholders, in 
        developing and implementing the plan, including evidence of the 
        commitment and capacity to implement such plan.
            ``(5) In the case of an eligible entity described in 
        subparagraph (B) or (D) of section 5103(a)(3), evidence of the 
        eligible entity's collaboration with its school leaders, 
        teachers, parents, and other stakeholders in developing the 
        plan under paragraph (3), including evidence of the commitment 
        and capacity to implement that plan.
            ``(6) The eligible entity's annual performance measures and 
        targets, in accordance with the requirements of section 5105.
    ``(b) Criteria for Evaluating Applications.--
            ``(1) In general.--The Secretary shall award grants under 
        this part on a competitive basis, based on the quality of the 
        applications submitted by eligible entities.
            ``(2) Publication of explanation.--The Secretary shall 
        publish an explanation of how the application review process 
        will ensure an equitable, transparent, and objective 
        evaluation.
    ``(c) Priority.--In awarding grants under this part, the Secretary 
shall give priority to--
            ``(1) any eligible entity described in subparagraph (B) or 
        (D) of section 5103(a)(3) that serves a school designated with 
        a school locale code of 33, 41, 42, or 43, as determined by the 
        Secretary; and
            ``(2) for any grant competition under this part for the 
        goal of improving early childhood education and care, as 
        described in section 5103(a)(4)(G), any eligible entity that 
        provides a full-day kindergarten program to all kindergarten 
        students, or to all kindergarten students from low-income 
        families, served by the eligible entity.

``SEC. 5105. PERFORMANCE MEASURES.

    ``Each eligible entity receiving a grant under this part shall 
establish, subject to approval by the Secretary, annual performance 
measures and targets for the programs and activities carried out under 
this part. Such performance measures and targets shall, at a minimum, 
track the eligible entity's progress in--
            ``(1) implementing the plan described in section 
        5104(a)(3); and
            ``(2) making progress on any other performance measure 
        identified by the Secretary.

``SEC. 5106. USES OF FUNDS.

    ``(a) Use of State Grant Funds.--
            ``(1) In general.--Each eligible entity described in 
        subparagraph (A) or (C) of section 5103(a)(3) that receives a 
        grant under this part shall--
                    ``(A) except as provided in paragraph (3), use not 
                less than 50 percent of the grant funds to award 
                subgrants under paragraph (2) to the local educational 
                agencies that will participate in the plan for any 
                purpose included in the eligible entity's plan 
                described in section 5104(a)(3); and
                    ``(B) use any amount of the grant not distributed 
                under subparagraph (A) for any purpose included in the 
                eligible entity's plan.
            ``(2) Amount of subgrants.--For a fiscal year, the amount 
        of a subgrant under paragraph (1)(A) for a local educational 
        agency that has been selected to participate in the eligible 
        entity's plan shall bear the same relation to the amount 
        available for all such subgrants by the eligible entity for 
        such year, as the amount made available to the local 
        educational agency under part A of title I for the most recent 
        year for which such data is available bears to the total amount 
        made available for such year to all local educational agencies 
        selected to participate in the eligible entity's plan.
            ``(3) Exception.--An eligible entity described in 
        subparagraph (A) or (C) of section 5103(a)(3) that receives a 
        grant under this part for the goal of improving early childhood 
        education and care, as described in section 5103(a)(4)(G)--
                    ``(A) shall not be subject to the requirements of 
                paragraph (1)(A); and
                    ``(B) may use grant funds to award subgrants to 
                public or private nonprofit agencies and organizations 
                for activities consistent with any purpose included in 
                the eligible entity's plan described in section 
                5104(a)(3).
    ``(b) Use of Subgrant Funds.--Each local educational agency or 
public or private nonprofit agency or organization that receives a 
subgrant under paragraph (1)(A) or (3)(B) of subsection (a) from an 
eligible entity shall use subgrant funds for any purpose included in 
the eligible entity's plan described in section 5104(a)(3), subject to 
any requirements of the eligible entity.
    ``(c) Use of High-need Local Educational Agency Grant Funds.--Each 
eligible entity described in subparagraph (B) or (D) of section 
5103(a)(3) that receives a grant under this part shall use such funds 
for any purpose included in the eligible entity's plan described in 
section 5104(a)(3).
    ``(d) Special Rule.--
            ``(1) Limitation on use of funds.--Notwithstanding any 
        other provision of this section, grant or subgrant funds under 
        this part shall only be used to fund a program or activity that 
        is an allowable use of funds under another section of this Act 
        (excluding this part and section 8007, as amended by section 
        8004 of the Elementary and Secondary Education Reauthorization 
        Act of 2011), the Individuals with Disabilities Education Act, 
        the Adult Education and Family Literacy Act, or the Carl D. 
        Perkins Career and Technical Education Act of 2006, except that 
        grant or subgrant funds for the goal of improving early 
        childhood education and care, as described in section 
        5103(a)(4)(G), may also be used to fund a program or activity 
        that is an allowable use of funds under the Head Start Act, or 
        the Child Care and Development Block Grant Act of 1990.
            ``(2) Limitation of use of funds for early childhood 
        education and care programs.--Grant or subgrant funds under 
        this part that are used to improve early childhood education 
        and care programs shall not be used to carry out any of the 
        following activities:
                    ``(A) Assessments that provide rewards or sanctions 
                for individual children or teachers.
                    ``(B) A single assessment that is used as the 
                primary or sole method for assessing program 
                effectiveness.
                    ``(C) Evaluating children, other than for the 
                purposes of improving instruction, classroom 
                environment, professional development, or parent and 
                family engagement, or program improvement.

``SEC. 5107. REPORTING.

    ``(a) Annual Report.--An eligible entity that receives a grant 
under this part shall submit to the Secretary, at such time and in such 
manner as the Secretary may require, an annual report including, at a 
minimum--
            ``(1) data on the eligible entity's progress in achieving 
        the targets for the annual performance measures and targets 
        established under section 5105; and
            ``(2) a description of the challenges the eligible entity 
        has faced in implementing its program under this part, and how 
        the eligible entity has addressed, or plans to address, such 
        challenges.
    ``(b) Local Report.--Each local educational agency and each public 
or private nonprofit agency or organization that receives a subgrant 
from an eligible entity under section 5106(a) shall submit to the 
eligible entity such information as the eligible entity may require to 
complete the annual report required by subsection (a).''.

                    PART B--INVESTING IN INNOVATION

SEC. 5201. INVESTING IN INNOVATION.

    Part B of title V (20 U.S.C. 7221 et seq.) is amended to read as 
follows:

                   ``PART B--INVESTING IN INNOVATION

``SEC. 5201. PURPOSES.

    ``The purposes of this part are to--
            ``(1) fund the identification, development, evaluation, and 
        expansion of innovative, research- and evidence-based 
        practices, programs, and strategies in order to significantly--
                    ``(A) increase student academic achievement and 
                close achievement gaps;
                    ``(B) increase high school graduation rates;
                    ``(C) increase college enrollment rates and rates 
                of college persistence;
                    ``(D) improve teacher and school leader 
                effectiveness; and
                    ``(E) improve school readiness and strengthen 
                collaboration and coordination among elementary schools 
                and early childhood care and education; and
            ``(2) support the rapid development, expansion, adoption, 
        and implementation of tools and resources that improve the 
        efficiency, effectiveness, or pace of adoption of such 
        educational practices, programs, and strategies.

``SEC. 5202. RESERVATIONS.

    ``(a) ARPA-ED.--The Secretary may reserve not more than 30 percent 
of the funds appropriated under section 3(s) for each fiscal year to 
carry out the activities of the Advanced Research Projects Agency-
Education established under section 221 of the Department of Education 
Organization Act, except that the amount so reserved for any fiscal 
year shall not exceed $100,000,000.
    ``(b) National Activities.--From the amount remaining after a 
reservation made under subsection (a), the Secretary may reserve not 
more than 5 percent of the funds appropriated under section 3(s) for 
any fiscal year to carry out activities of national significance. Such 
activities may include--
            ``(1) capacity-building;
            ``(2) technical assistance;
            ``(3) dissemination of best practices developed with grant 
        funds provided under this part; and
            ``(4) carrying out prize awards consistent with section 24 
        of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3719).
    ``(c) Availability of Funds.--Funds for the activities described in 
subsection (a), and for prize awards under subsection (b)(4), shall be 
available until expended.

``SEC. 5203. PROGRAM AUTHORIZED; LENGTH OF GRANTS; PRIORITIES.

    ``(a) Program Authorization.--
            ``(1) In general.--The Secretary shall use funds made 
        available to carry out this part for a fiscal year to award 
        grants, on a competitive basis, to eligible entities.
            ``(2) Eligible entity.--In this part, the term `eligible 
        entity' means--
                    ``(A) a local educational agency or a consortium of 
                local educational agencies; or
                    ``(B) a partnership between a nonprofit 
                organization or an educational service agency and--
                            ``(i) 1 or more local educational agencies; 
                        or
                            ``(ii) a consortium of public schools.
    ``(b) Duration of Grants.--The Secretary--
            ``(1) shall award grants under this part for a period of 
        not more than 3 years; and
            ``(2) may extend such grants for an additional 2-year 
        period if the grantee demonstrates to the Secretary that it is 
        making significant progress on the program performance measures 
        identified in section 5206.
    ``(c) Rural Set-aside.--The Secretary shall ensure that not less 
than 22 percent of the funds awarded under subsection (a) for any 
fiscal year are for projects that meet both of the following 
requirements, except that the Secretary shall not be required to make 
such awards unless a sufficient number of otherwise eligible high 
quality applications are received:
            ``(1) The eligible entity includes--
                    ``(A) a local educational agency with an urban-
                centric district locale code of 32, 33, 41, 42, or 43, 
                as determined by the Secretary;
                    ``(B) a consortium of such local educational 
                agencies; or
                    ``(C) if the applicant is a partnership, an 
                educational service agency or a nonprofit organization 
                with demonstrated expertise in serving students from 
                rural areas.
            ``(2) A majority of the schools to be served by the project 
        are designated with a school locale code of 41, 42, or 43, or a 
        combination of such codes, as determined by the Secretary, 
        and--
                    ``(A) are served by a local educational agency in 
                which 20 percent or more of the children ages 5 through 
                17 years old are from families with incomes below the 
                poverty line;
                    ``(B) are served by a local educational agency in 
                which the total number of students in average daily 
                attendance at all of the schools served by the local 
                educational agency is fewer than 600; or
                    ``(C) are served by a local educational agency 
                located in a county that has a total population density 
                of fewer than 10 persons per square mile.
    ``(d) Priorities.--In awarding grants under this part, the 
Secretary shall give priority to an eligible entity that includes, in 
its application under section 5204, a plan to--
            ``(1) address the needs of high-need local educational 
        agencies;
            ``(2) improve school readiness; or
            ``(3) address the unique learning needs of students who are 
        children with disabilities or English learners.
    ``(e) Standards of Evidence.--The Secretary shall set standards for 
the quality of evidence that an applicant shall provide in order to 
demonstrate that the activities it proposes to carry out with funds 
under this part are likely to succeed in improving student outcomes, 
including academic achievement and graduation rates. These standards 
shall include the following:
            ``(1) Strong evidence that the activities proposed by the 
        applicant will have a statistically significant effect on 
        student outcomes.
            ``(2) Moderate evidence that the activities proposed by the 
        applicant will improve outcomes.
            ``(3) A rationale based on research findings or a 
        reasonable hypothesis that the activities proposed by the 
        applicant will improve student outcomes.
    ``(f) Support for New Practices, Strategies, or Programs.--
            ``(1) In general.--The Secretary shall ensure that not less 
        than one-half of the funds awarded under subsection (a) for any 
        fiscal year are for projects that--
                    ``(A) meet an evidence standard described in 
                paragraph (2) or (3) of subsection (e); and
                    ``(B) do not meet the evidence standard described 
                in paragraph (1) of subsection (e).
            ``(2) Exception.--The Secretary shall not be required to 
        make the awards described in paragraph (1) unless a sufficient 
        number of otherwise eligible high-quality applications are 
        received.

``SEC. 5204. APPLICATIONS.

    ``Each eligible entity that desires to receive a grant under this 
part shall submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may reasonably 
require. At a minimum, each application shall--
            ``(1) describe the project for which the applicant is 
        seeking a grant and how the evidence supporting that project 
        meets the standards of evidence established by the Secretary 
        under section 5203(e);
            ``(2) describe how the applicant will address at least 1 of 
        the areas described in section 5205(a)(1);
            ``(3) provide an estimate of the number of children that 
        the applicant plans to serve under the proposed project, 
        including the percentage of those children who are from low-
        income families;
            ``(4) demonstrate that the applicant has established 1 or 
        more partnerships with public or private organizations and that 
        the partner or partners will provide matching funds, except 
        that the Secretary may waive the matching funds requirement on 
        a case-by-case basis, upon a showing of exceptional 
        circumstances;
            ``(5) describe the applicant's plan for continuing the 
        proposed project after funding under this part ends;
            ``(6) if the applicant is a local educational agency--
                    ``(A) document the local educational agency's 
                record during the previous 3 years in--
                            ``(i) increasing student achievement, 
                        including achievement for each subgroup of 
                        students described in section 
                        1111(a)(2)(B)(ix); and
                            ``(ii) closing achievement gaps; and
                    ``(B) demonstrate how the local educational agency 
                has made significant improvements in other outcomes, as 
                applicable, on the performance measures described in 
                section 5206;
            ``(7) if the applicant is a partnership that includes a 
        nonprofit organization, provide evidence that the nonprofit 
        organization has helped at least 1 school or local educational 
        agency, during the previous 3 years, significantly--
                    ``(A) increase student achievement, including 
                achievement for each subgroup of students described in 
                section 1111(a)(2)(B)(ix); and
                    ``(B) close achievement gaps;
            ``(8) provide a description of the applicant's plan for 
        independently evaluating the effectiveness of activities 
        carried out with funds under this part;
            ``(9) provide an assurance that the applicant will--
                    ``(A) cooperate with evaluations, as requested by 
                the Secretary;
                    ``(B) make data available to third parties for 
                validation and further study; and
                    ``(C) participate in communities of practice; and
            ``(10) if the applicant is a partnership that includes a 
        nonprofit organization that intends to make subgrants, 
        consistent with section 5205(b), provide an assurance that the 
        applicant will apply paragraphs (1) through (9), as 
        appropriate, in its selection of subgrantees and in its 
        oversight of those subgrants.

``SEC. 5205. USES OF FUNDS.

    ``(a) Uses of Funds.--
            ``(1) Mandatory uses.--Each eligible entity that receives a 
        grant under this part shall carry out the following:
                    ``(A) Use the grant funds to carry out, at a 
                minimum, 1 of the following activities:
                            ``(i) Improving the effectiveness of 
                        teachers and school leaders and increasing 
                        equity in the distribution of effective 
                        teachers and school leaders.
                            ``(ii) Strengthening the use of data to 
                        improve teaching and learning.
                            ``(iii) Providing high-quality instruction 
                        based on college and career ready standards and 
                        measuring students' mastery of standards using 
                        high-quality assessments aligned with those 
                        standards.
                            ``(iv) Turning around the lowest-performing 
                        schools.
                            ``(v) Improving school readiness for 
                        students who are low-income, English learners, 
                        and children with disabilities.
                            ``(vi) Other areas relating to school 
                        improvement consistent with the purposes of 
                        this part, as determined by the Secretary.
                    ``(B) Use the grant funds to develop or expand 
                strategies to improve the performance of high-need 
                students on the performance measures described in 
                section 5206.
            ``(2) Permissive use of funds.--Each eligible entity that 
        receives a grant under this part may use the grant funds for an 
        independent evaluation, as required under section 5204(a)(8), 
        of the innovative practice carried out with the grant.
    ``(b) Authority To Subgrant.--
            ``(1) In general.--If an eligible entity that receives a 
        grant under this part includes a nonprofit organization, such 
        nonprofit organization may use the grant funds to award 
        subgrants to other entities to provide support to 1 or more 
        schools or local educational agencies.
            ``(2) Compliance with requirements of grantees.--Each 
        entity awarded a subgrant under paragraph (1) shall comply with 
        the requirements of this part relating to grantees, as 
        appropriate.

``SEC. 5206. PERFORMANCE MEASURES.

    ``The Secretary shall establish performance measures for the 
programs and activities carried out under this part. These measures, at 
a minimum, shall track the grantee's progress in improving outcomes for 
each subgroup of students described in section 1111(a)(2)(B)(ix) that 
is served by the grantee, including, as applicable, by--
            ``(1) increasing student achievement and decreasing 
        achievement gaps;
            ``(2) increasing high school graduation rates;
            ``(3) increasing college enrollment rates and rates of 
        college persistence;
            ``(4) improving teacher and school leader effectiveness;
            ``(5) improving school readiness; and
            ``(6) any other indicator as the Secretary or grantee may 
        determine.

``SEC. 5207. REPORTING.

    ``An eligible entity that receives a grant under this part shall 
submit to the Secretary, at such time and in such manner as the 
Secretary may require, an annual report that includes, among other 
things, information on the entity's progress on the performance 
measures established under section 5206, and the data supporting that 
progress.''.

                   PART C--MAGNET SCHOOLS ASSISTANCE

SEC. 5301. FINDINGS AND PURPOSE.

    Section 5301 (20 U.S.C. 7231) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2) The use of magnet schools has increased dramatically 
        since the inception of the magnet schools assistance program 
        under this Act, with more than 1,500,000 students nationwide 
        attending such schools.''; and
                    (B) in paragraph (4), by striking subparagraph (B) 
                and inserting the following:
                    ``(B) to ensure that all students have equitable 
                access to a high-quality public education that will 
                prepare them to succeed in a highly competitive economy 
                comprised of people from many different racial and 
                ethnic backgrounds; and''; and
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) by inserting ``, particularly whole-
                        school programs,'' after ``magnet school 
                        programs''; and
                            (ii) by striking ``challenging State 
                        academic content standards and student academic 
                        achievement standards'' and inserting ``college 
                        and career ready State academic content 
                        standards and student academic achievement 
                        standards under section 1111(a)''; and
                    (B) by striking paragraphs (3) and (4) and 
                inserting the following:
            ``(3) the development and design of evidence-based 
        educational methods and practices that promote diversity and 
        increase high-quality public educational options;
            ``(4) courses of instruction within magnet schools that 
        will substantially increase the college and career readiness of 
        students attending such schools;''.

SEC. 5302. PROGRAM AUTHORIZED.

    Section 5303 (20 U.S.C. 7231b) is amended, in the matter preceding 
paragraph (1), by inserting ``competitive'' after ``to award''.

SEC. 5303. APPLICATIONS AND REQUIREMENTS.

    Section 5305 (20 U.S.C. 7231d) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Information and Assurances.--Each application submitted under 
subsection (a) shall include--
            ``(1) a description of--
                    ``(A) how a grant awarded under this part will be 
                used to--
                            ``(i) improve student academic achievement 
                        for all students and subgroups of students 
                        described in section 1111(a)(2)(B)(ix) 
                        attending the magnet school program; and
                            ``(ii) promote desegregation, including how 
                        the proposed magnet school program will 
                        increase interaction among students of 
                        different social, economic, ethnic, and racial 
                        backgrounds, including the policies, programs, 
                        and activities aimed at increasing interaction 
                        among such students;
                    ``(B)(i) a description of the evidence that the 
                magnet school program that the applicant proposes to 
                implement would improve student academic achievement 
                and reduce minority group isolation; or
                    ``(ii) if such evidence is not available, a 
                rationale, based on current research findings, for how 
                the program would improve student academic achievement 
                and reduce minority group isolation;
                    ``(C) how the applicant will continue the magnet 
                school program after assistance under this part is no 
                longer available, and, if applicable, an explanation of 
                why magnet schools established or supported by the 
                applicant with grant funds under this part cannot be 
                continued without the use of grant funds under this 
                part;
                    ``(D) how grant funds under this part will be 
                used--
                            ``(i) to improve student academic 
                        achievement for all students attending the 
                        magnet school programs; and
                            ``(ii) to implement services and activities 
                        that are consistent with other programs under 
                        this Act, and other Acts, as appropriate;
                    ``(E) the student application process, and 
                selection criteria, if any, to be used by the proposed 
                magnet school program;
                    ``(F) how the applicant will conduct outreach and 
                disseminate information about the proposed magnet 
                school program, including the application and selection 
                process, in a timely, clear, and accessible manner to 
                all students and their parents and families and, to the 
                extent practicable, in a language they can understand; 
                and
                    ``(G) how the applicant will assess, monitor, and 
                evaluate the impact of the activities funded under this 
                part on student academic achievement and integration; 
                and
            ``(2) assurances that the applicant will--
                    ``(A) use grant funds under this part for the 
                purpose specified in section 5301(b);
                    ``(B) employ highly rated school leaders and 
                teachers in the courses of instruction assisted under 
                this part;
                    ``(C) not engage in discrimination based on race, 
                religion, color, national origin, sex, or disability 
                in--
                            ``(i) the hiring, promotion, or assignment 
                        of employees of the applicant or other 
                        personnel for whom the applicant has any 
                        administrative responsibility;
                            ``(ii) the assignment of students to 
                        schools, or to courses of instruction within 
                        the schools, of such applicant, except to carry 
                        out the approved plan; and
                            ``(iii) designing or operating 
                        extracurricular activities for students;
                    ``(D) carry out a high-quality education program 
                that will result in greater parent and family 
                decisionmaking and engagement; and
                    ``(E) give students residing in the local 
                attendance area of the proposed magnet school program 
                equitable consideration for placement in the program, 
                consistent with desegregation guidelines and the 
                capacity of the applicant to accommodate the 
                students.''; and
            (2) in subsection (c), by striking ``will be met'' and 
        inserting ``are being met''.

SEC. 5304. PRIORITY.

    Section 5306 (20 U.S.C. 7231e) is amended by striking paragraphs 
(1), (2), and (3), and inserting the following:
            ``(1) have the highest quality applications or demonstrate 
        the greatest need for assistance, based on the expense or 
        difficulty of effectively carrying out approved desegregation 
        plans and the magnet school program for which the grant is 
        sought;
            ``(2) propose to carry out new magnet school programs, 
        significantly revise existing magnet school programs, or 
        significantly expand magnet school programs, in a manner that--
                    ``(A) is aligned with other programs that have 
                demonstrated a record of success in increasing student 
                academic achievement and reducing minority group 
                isolation; or
                    ``(B) has a strong research basis for improving 
                student academic achievement and reducing minority 
                group isolation;
            ``(3) select, or propose to select, students to attend 
        magnet school programs solely or primarily by lottery, rather 
        than through academic examination or other selective enrollment 
        methods; and
            ``(4) propose to serve the entire student population of a 
        school.''.

SEC. 5305. USE OF FUNDS.

    Section 5307 (20 U.S.C. 7231f) is amended--
            (1) in subsection (a), by striking paragraphs (1) through 
        (7) and inserting the following:
            ``(1) for planning, outreach, and promotional activities 
        directly related to the development, expansion, continuation, 
        or enhancement of academic programs and services offered at 
        magnet schools;
            ``(2) for the acquisition of books, educational technology, 
        materials, and equipment necessary to conduct programs in 
        magnet schools;
            ``(3) for--
                    ``(A) the compensation, or subsidization of the 
                compensation, of elementary school and secondary school 
                teachers, leaders, and other instructional staff who 
                are highly rated; and
                    ``(B) high-quality professional development and 
                staff capacity-building activities, including those 
                designed to recruit, prepare, support, and retain 
                highly rated school teachers, leaders, and other 
                instructional staff;
            ``(4) with respect to a magnet school program offered to 
        less than the entire student population of a school, for 
        instructional activities that are designed to make available 
        the special curriculum that is offered by the magnet school 
        program to students who are enrolled in the school but who are 
        not enrolled in the magnet school program;
            ``(5) for activities, which may include the formation of 
        partnerships with public or nonprofit organizations to help 
        enhance the program or promote parent and family decisionmaking 
        and engagement that will build the recipient's capacity to 
        operate magnet school programs once the grant period has ended;
            ``(6) to enable the local educational agency, or consortium 
        of such agencies, to have more flexibility in designing magnet 
        schools for students in all grades; and
            ``(7) for other operational costs that cannot be met with 
        other State or local sources.''; and
            (2) in subsection (b), by striking ``based on the State's 
        challenging academic content standards and student academic 
        achievement standards or directly related to improving student 
        reading skills or knowledge of mathematics, science, history, 
        geography, English, foreign languages, art, or music, or to 
        improving vocational, technological, and professional skills'' 
        and inserting ``and growth and leading to students being on 
        track to college and career readiness''.

SEC. 5306. LIMITATIONS.

    Section 5309 (20 U.S.C. 7231h) is amended--
            (1) in subsection (a), by striking ``a period that shall 
        not exceed 3 fiscal years'' and inserting ``an initial period 
        of not more than 3 fiscal years, and may be renewed for not 
        more than an additional 2 years if the Secretary finds that the 
        grantee is achieving the intended outcomes of the grant and 
        shows improvement in increasing student academic achievement 
        and reducing minority-group isolation, and other indicators of 
        success established by the Secretary''; and
            (2) in subsection (b)--
                    (A) by striking ``50'' and inserting ``40''; and
                    (B) by striking ``15'' and inserting ``10''.

SEC. 5307. EVALUATIONS.

    Section 5310 (20 U.S.C. 7231i) is amended to read as follows:

``SEC. 5310. EVALUATIONS.

    ``(a) Impact of Activities.--From the amount reserved for 
evaluation activities in accordance with section 9601(a), the 
Secretary, acting through the Director of the Institute of Education 
Sciences, shall, in consultation with the relevant program office at 
the Department, evaluate the implementation and impact of the 
activities supported under this part, consistent with section 9601, 
including--
            ``(1) how, and the extent to which, magnet school programs 
        lead to educational quality and improvement;
            ``(2) the extent to which magnet school programs enhance 
        student access to a high quality education;
            ``(3) the extent to which magnet school programs lead to 
        the elimination, reduction, or prevention of minority group 
        isolation in elementary schools and secondary schools with 
        substantial proportions of minority students; and
            ``(4) the extent to which magnet school programs differ 
        from other school programs in terms of the organizational 
        characteristics and resource allocations of such magnet school 
        programs.
    ``(b) Dissemination.--The Secretary shall collect and disseminate 
to the general public information on successful magnet school 
programs.''.

SEC. 5308. AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT PREVIOUSLY 
              ASSISTED.

    Section 5311 (20 U.S.C. 7231j) is amended to read as follows:

``SEC. 5311. AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT 
              PREVIOUSLY ASSISTED.

    ``For any fiscal year for which the amount appropriated pursuant to 
section 3(t) exceeds $75,000,000, the Secretary shall give priority in 
using such amounts in excess of $75,000,000 to awarding grants to local 
educational agencies or consortia of such agencies that did not receive 
a grant under this part for the preceding fiscal year.''.

                     PART D--PUBLIC CHARTER SCHOOLS

SEC. 5401. PUBLIC CHARTER SCHOOLS.

    Part D of title V (20 U.S.C. 7241 et seq.) is amended to read as 
follows:

                    ``PART D--PUBLIC CHARTER SCHOOLS

``SEC. 5401. PURPOSE.

    ``The purpose of this part is to support the creation, expansion, 
and replication of high-performing charter schools that serve the needs 
and increase the academic achievement of all students.

``SEC. 5402. DISTRIBUTION OF FUNDS.

    ``From the funds appropriated to carry out this part for a fiscal 
year--
            ``(1) 85 percent shall be available to carry out subpart 1; 
        and
            ``(2) 15 percent shall be available to carry out subpart 2.

            ``Subpart 1--Successful Charter Schools Program

``SEC. 5411. DEFINITIONS.

    ``In this subpart:
            ``(1) Charter school.--The term `charter school' means a 
        public school that--
                    ``(A) is governed by a separate and independent 
                board that exercises authority over 1 or more schools, 
                including authority in the areas of governance, 
                personnel, budget, schedule, and instructional program;
                    ``(B) has ongoing, significant autonomy in the 
                areas of--
                            ``(i) the hiring, replacement, and salaries 
                        of the school staff;
                            ``(ii) the school budget;
                            ``(iii) scheduling formats for the school 
                        day and school year;
                            ``(iv) the instructional programs of the 
                        school, including instructional models and 
                        curricula; and
                            ``(v) the management and daily operation of 
                        the school;
                    ``(C) in accordance with a specific State statute 
                authorizing the granting of charters to schools, is 
                exempt from significant State or local rules that 
                inhibit the flexible operation and management of public 
                schools, but not from any rules relating to the other 
                requirements of this paragraph;
                    ``(D) is created by a developer as a public school, 
                or is adapted by a developer from an existing public 
                school, and is operated under public supervision and 
                direction;
                    ``(E) operates in pursuit of a specific set of 
                educational objectives determined by the school's 
                developer and agreed to by the charter school 
                authorizer;
                    ``(F) provides 1 or more programs of elementary 
                education, secondary education, or both, and may also 
                provide early childhood education and care or adult 
                education, in accordance with State law;
                    ``(G) is nonsectarian in its programs, admissions 
                policies, employment practices, and all other 
                operations, and is not affiliated with a sectarian 
                school or religious institution;
                    ``(H) does not charge tuition;
                    ``(I) complies with the Age Discrimination Act of 
                1975, title VI of the Civil Rights Act of 1964, title 
                IX of the Education Amendments of 1972, section 504 of 
                the Rehabilitation Act of 1973, title II of the 
                Americans with Disabilities Act of 1990, and part B of 
                the Individuals with Disabilities Education Act;
                    ``(J) is a school to which parents choose to send 
                their children, and that admits students on the basis 
                of a lottery if more students apply for admission than 
                can be accommodated, except as modified by the 
                Secretary by regulation in accordance with clause (v) 
                or (vi) of section 1116(c)(6)(B);
                    ``(K) complies with the same Federal and State 
                audit requirements as do other elementary schools, 
                secondary schools, and early childhood education and 
                care and adult education programs, as applicable, in 
                the State, unless such requirements are specifically 
                waived for the purpose of this program;
                    ``(L) meets all applicable Federal, State, and 
                local health and safety requirements;
                    ``(M) operates in accordance with State law; and
                    ``(N) has a written performance contract with a 
                charter school authorizer that includes--
                            ``(i) a description of how student 
                        performance will be measured on the basis of--
                                    ``(I) State assessments that are 
                                required of other public schools; and
                                    ``(II) any other assessments that 
                                are mutually agreeable to the charter 
                                school authorizer and the charter 
                                school;
                            ``(ii) a requirement that student academic 
                        achievement and growth, consistent with section 
                        1111, for the students enrolled at the school 
                        as a whole and for each subgroup described in 
                        section 1116(b)(1)(B) will be used as a primary 
                        factor in decisions about the renewal or 
                        revocation of the charter, in addition to other 
                        criteria, as appropriate;
                            ``(iii) the student academic achievement, 
                        growth (consistent with section 1111), and 
                        student retention goals, and, in the case of a 
                        high school, graduation rate goals for the 
                        students enrolled at the school as a whole and 
                        for each subgroup described in section 
                        1116(b)(1)(B), and any other goals to be 
                        achieved by the end of the contract period;
                            ``(iv) the obligations and responsibilities 
                        of the charter school and the charter school 
                        authorizer; and
                            ``(v) a description of the autonomy that 
                        will be granted to the charter school in each 
                        area described under subparagraph (B).
            ``(2) Charter school authorizer.--The term `charter school 
        authorizer' means any public or nonprofit entity that has the 
        authority under State law, and is approved by the Secretary, to 
        authorize or approve a public charter school.
            ``(3) Developer.--The term `developer' means any 
        individual, group of individuals, or public nonprofit 
        organization that--
                    ``(A) has applied for, or been granted, a charter 
                for a charter school; or
                    ``(B) has received authorization to start a charter 
                school.
            ``(4) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State educational agency;
                    ``(B) a local educational agency, except a charter 
                school that is considered a local educational agency 
                under State law;
                    ``(C) a charter school authorizer; or
                    ``(D) a charter management organization.
            ``(5) Expand.--The term `expand' means to increase the 
        student enrollment of an existing high-performing charter 
        school by more than 50 percent or through the addition of not 
        less than 2 grades to such existing charter school over the 
        course of a grant or subgrant under this part.
            ``(6) High-performing charter school.--The term `high-
        performing charter school' means--
                    ``(A) in the case of a charter school that was not 
                open or did not enroll students in the preceding school 
                year, a charter school that has a written performance 
                contract with a charter school authorizer that 
                includes, for the students enrolled at the school as a 
                whole and for each subgroup described in section 
                1116(b)(1)(B) for the most recent year for which such 
                data are available--
                            ``(i) student academic achievement and 
                        growth goals (as measured, in the case of a 
                        charter school that is an elementary school or 
                        secondary school, by performance on the 
                        statewide academic assessments required under 
                        section 1111(a)(2) and individual academic 
                        growth, consistent with section 1111) that are 
                        higher than the average student academic 
                        achievement and growth results, consistent with 
                        section 1111, in demographically similar 
                        schools in the State;
                            ``(ii) student retention goals that are 
                        similar to, or greater than, the average 
                        student retention rates in demographically 
                        similar schools in the State; and
                            ``(iii) if the charter school is a high 
                        school, goals for graduation rates, rates of 
                        student enrollment at institutions of higher 
                        education, and rates of student persistence at 
                        institutions of higher education that are 
                        higher than such average rates in 
                        demographically similar schools in the State; 
                        or
                    ``(B) in the case of a charter school that was open 
                and enrolled students for the preceding school year, a 
                charter school that has, for the students enrolled at 
                the school as a whole and for each subgroup described 
                in section 1116(b)(1)(B) for the most recent year for 
                which such data are available--
                            ``(i) student academic achievement and 
                        growth results (as measured, in the case of a 
                        charter school that is an elementary school or 
                        secondary school, by performance on the 
                        statewide academic assessments required under 
                        section 1111(a)(2) and individual academic 
                        growth, consistent with section 1111) that are 
                        significantly higher than the average student 
                        academic achievement and growth results, 
                        consistent with section 1111, in 
                        demographically similar schools in the State;
                            ``(ii) student retention rates that are 
                        similar to or higher than the average student 
                        retention rates in demographically similar 
                        schools in the State; and
                            ``(iii) if the school is a high school, 
                        higher graduation rates, rates of student 
                        enrollment at institutions of higher education, 
                        and rates of student persistence at 
                        institutions of higher education than such 
                        average rates in demographically similar 
                        schools in the State.
            ``(7) Replicate.--The term `replicate' means that an 
        existing high-performing charter school will open 1 or more new 
        campuses under a new or existing charter, or both, over the 
        course of a grant or subgrant under this part.

``SEC. 5412. PROGRAM AUTHORIZED.

    ``(a) In General.--From the amount available to carry out this 
subpart, the Secretary shall award grants, on a competitive basis, to 
eligible entities to enable such eligible entities to award subgrants 
to developers to create, expand, or replicate 1 or more high-performing 
charter schools, including through conversion of an existing school 
into a charter school.
    ``(b) Allocations.--The Secretary shall use not less than 65 
percent of funds to award grants to eligible entities described in 
5411(4)(A).
    ``(c) Considerations.--In awarding grants under this subpart, the 
Secretary shall consider--
            ``(1) the geographic diversity of the eligible entities, 
        including the distribution of grants among urban, suburban, and 
        rural areas; and
            ``(2) the number of eligible entities in a State that are 
        receiving grants under this subpart in any fiscal year.
    ``(d) Grant Amount.--
            ``(1) In determining the amount of each grant to be awarded 
        under subsection (a), the Secretary shall consider--
                    ``(A) the number of operating charter schools under 
                the jurisdiction or in the service area of the eligible 
                entity;
                    ``(B) to the extent practicable, the number of 
                students, including students on charter school waiting 
                lists, that will be served by high-performing charter 
                schools that receive funds under this subpart; and
                    ``(C) the amount of funds that is needed to 
                implement the activities described in the approved 
                application.
    ``(e) Duration.--
            ``(1) In general.--Each grant awarded under this subpart 
        shall be for an initial period of not more than 3 years.
            ``(2) Renewal.--The Secretary may renew a grant awarded 
        under this subpart for an additional period of not more than 2 
        years, if the eligible entity is achieving the objectives of 
        the grant and has shown improvement on the performance measures 
        and targets described in section 5417(a).
    ``(f) Limitations.--
            ``(1) Grants.--An eligible entity described under 
        subparagraph (A) of section 5411(4) may not receive more than 1 
        grant at a time under this section.
            ``(2) Subgrants.--A developer may not receive more than 1 
        grant or subgrant at a time under this section.
    ``(g) Reservations.--
            ``(1) Administrative expenses.--An eligible entity that 
        receives a grant under this subpart may use not more than a 
        total of 5 percent of grant funds for administrative expenses 
        associated with the grant, including for improvement of the 
        eligible entity's oversight or management of charter schools.
            ``(2) Improving authorizer quality.--An eligible entity 
        described in subparagraph (A), (B), or (C) of section 5411(4), 
        shall use 5 percent of grant funds for improving authorizer 
        quality, including charter school oversight and monitoring 
        systems and procedures for revoking or not renewing charters.
    ``(h) Waiver.--The Secretary may waive a statutory or regulatory 
requirement over which the Secretary exercises administrative 
authority, except a requirement described in section 5411(1), if--
            ``(1) the waiver is requested in an approved application 
        under this subpart; and
            ``(2) the Secretary determines that granting the waiver 
        will promote the purpose of this subpart.

``SEC. 5413. APPLICATIONS.

    ``(a) In General.--Each eligible entity desiring a grant under this 
subpart shall submit an application to the Secretary at such time, in 
such manner, and containing such information and assurances as the 
Secretary may require.
    ``(b) Contents.--
            ``(1) Eligible entities.--At a minimum, the application 
        described in subsection (a) shall include a description of --
                    ``(A) how the eligible entity will use grant funds 
                to create, expand, or replicate 1 or more high-
                performing charter schools;
                    ``(B) the need for the high-performing charter 
                schools that the eligible entity seeks to support, 
                including information that demonstrates the interest of 
                parents and communities in increasing charter school 
                enrollment capacity, such as the number of students who 
                are on waiting lists for charter schools under the 
                jurisdiction of the eligible entity;
                    ``(C) the performance measures the eligible entity 
                will use to measure outcomes;
                    ``(D) how the eligible entity will provide 
                information and support to parents, families, and 
                students regarding the available charter school options 
                in a simple, clear, and easily accessible format and, 
                to the extent practicable, in a language that such 
                parents, families, and students can understand;
                    ``(E) how the eligible entity will coordinate the 
                grant funds received under this subpart with other 
                Federal, State, and local funds;
                    ``(F) how the eligible entity will ensure that each 
                charter school within such eligible entity's 
                jurisdiction or service area--
                            ``(i) meets the requirements of section 
                        5411(1); and
                            ``(ii) provides equitable access and 
                        effectively serves the needs of all students, 
                        including children with disabilities and 
                        English learners, and implements outreach and 
                        recruitment practices that include families of 
                        such students;
                    ``(G) how the eligible entity will award subgrants 
                to developers, on a competitive basis and through a 
                high-quality review process, including a description of 
                the subgrant application;
                    ``(H) how the eligible entity will target subgrants 
                to high-performing charter schools that plan to serve 
                students who attend schools that have been identified 
                through the State accountability and improvement system 
                described in section 1116;
                    ``(I) the eligible entity's record, if applicable, 
                of success in creating, expanding, replicating, 
                managing, and overseeing high-performing charter 
                schools, and closing unsuccessful schools;
                    ``(J) how the eligible entity will hold charter 
                schools within such eligible entity's jurisdiction 
                accountable if such schools do not meet the objectives 
                specified in the performance contract described in 
                section 5411(1)(N), including by closing unsuccessful 
                schools; and
                    ``(K) how charter school authorizers are approved, 
                monitored, held accountable for establishing rigorous 
                standards, periodically reviewed, and re-approved in 
                the State in which the eligible entity operates, based 
                on the performance of the charter schools that such 
                charter school authorizers authorize, including in the 
                areas of student safety, financial management, and 
                compliance with all applicable statutes and 
                regulations.
            ``(2) State educational agencies.--Each eligible entity 
        described in section 5411(4)(A) shall include in the 
        application described in paragraph (1) (in addition to the 
        requirements of such paragraph), the following:
                    ``(A) A description of the State's laws, policies, 
                or procedures, if applicable, that address--
                            ``(i) how decisions are made to close 
                        unsuccessful charter schools, and how student 
                        academic achievement and growth, consistent 
                        with section 1111, for all students and for 
                        each subgroup of students described in section 
                        1116(b)(1)(B), is a primary factor in such 
                        decisions;
                            ``(ii) how charter schools are monitored 
                        and held accountable for--
                                    ``(I) meeting the requirements 
                                described in section 5411(1); and
                                    ``(II) providing equitable access 
                                and effectively serving the needs of 
                                all students, including students with 
                                disabilities and English learners; and
                            ``(iii) how a charter school that is 
                        considered a local educational agency under 
                        State law, or a local educational agency in 
                        which a charter school is located, will comply 
                        with subsections (a)(5) and (e)(1)(B) of 
                        section 613 of the Individuals with 
                        Disabilities Education Act.
                    ``(B) Information about the eligible entity's 
                record of funding charter schools, including funding 
                charter school facilities.
                    ``(C) Information about the number of charter 
                schools in the State that--
                            ``(i) have been closed or have had charters 
                        revoked or not renewed in the preceding 5-year 
                        period, and the reasons for such closures, 
                        revocations, or nonrenewals;
                            ``(ii) have been identified through the 
                        State accountability and improvement system 
                        described in section 1116 in the preceding 5-
                        year period;
                            ``(iii) have met objectives specified in 
                        the performance contract described in section 
                        5411(1)(N); and
                            ``(iv) the charter school authorizer has 
                        authorized that are high-performing charter 
                        schools, and the percentage of such charter 
                        schools as compared to the total number of 
                        charter schools that the charter school 
                        authorizer has authorized.
            ``(3) Local educational agencies.--Each eligible entity 
        described in section 5411(4)(B) shall include in the 
        application described in paragraph (1) (in addition to the 
        requirements described in such paragraph), a description of the 
        eligible entity's policies and procedures for--
                    ``(A) ensuring that charter schools under the 
                jurisdiction of such eligible entity have equitable 
                access to school facilities;
                    ``(B) complying with subsections (a)(5) and 
                (e)(1)(B) of section 613 of the Individuals with 
                Disabilities Education Act; and
                    ``(C) supporting public school choice.
            ``(4) Charter school authorizers.--Each eligible entity 
        described in section 5411(4)(C) shall include in the 
        application described in paragraph (1) (in addition to the 
        requirements of such paragraph), the following:
                    ``(A) A demonstration that the eligible entity has 
                explicit and clear policies and procedures in place for 
                the approval, monitoring, renewal, and closure of 
                charter schools, and an assurance that such policies 
                and procedures make student academic achievement and 
                growth, consistent with section 1111, for all students 
                and for each subgroup of students described in section 
                1116(b)(1)(B), a primary factor in such decisions.
                    ``(B) A description of how the eligible entity will 
                make publicly available (in a clear and uniform format, 
                a timely manner, and a form that is easily accessible, 
                and, to the extent practicable, in a language that 
                families and students can understand)--
                            ``(i) information about the criteria and 
                        procedures for granting, denying, revoking, and 
                        renewing charters for charter schools; and
                            ``(ii) the results of decisions relating to 
                        the granting, denial, revocation, and renewal 
                        of charters for charter schools, including 
                        performance data and other relevant information 
                        on which each decision is based.
                    ``(C) Information about the number of charter 
                schools that--
                            ``(i) the charter school authorizer has 
                        authorized that have been closed or have had 
                        charters revoked or not renewed by the eligible 
                        entity in the preceding 5-year period, and the 
                        reasons for such closures, revocations, or 
                        nonrenewals;
                            ``(ii) have been identified through the 
                        State accountability and improvement system 
                        described in section 1116;
                            ``(iii) have met objectives specified in 
                        the performance contract described in section 
                        5411(1)(N); and
                            ``(iv) the charter school authorizer has 
                        authorized that are high-performing charter 
                        schools, and the percentage of such charter 
                        schools as compared to the total number of 
                        charter schools that the charter school 
                        authorizer has authorized.
            ``(5) Charter management organizations.--Each eligible 
        entity described in section 5411(4)(D) shall include in the 
        application described in paragraph (1) (in addition to the 
        requirements of such paragraph), a description of--
                    ``(A) the qualifications of such eligible entity's 
                management team; and
                    ``(B) a multi-year financial and operating model 
                for each of the high-performing charter schools that 
                such eligible entity will create, expand, or replicate 
                under the grant.
            ``(6) Special rule.--In the case of a developer that plans 
        to open a charter school in a jurisdiction or service area 
        where no eligible entity will be awarding subgrants under this 
        subpart for the fiscal year for which the developer applies, 
        the Secretary may award a grant to such developer if such 
        developer has an approved application that includes the 
        requirements described in subparagraphs (A) through (F) of 
        paragraph (1) and paragraph (5). The requirements of 
        subsections (b) and (c) of section 5416 and section 5417(c) 
        shall apply to a developer receiving a grant under this 
        paragraph in the same manner as such sections apply to a 
        developer receiving a subgrant under section 5416, except that 
        the developer shall submit the data under section 5417(c) 
        directly to the Secretary.

``SEC. 5414. SELECTION CRITERIA; PRIORITY.

    ``(a) Selection Criteria.--
            ``(1) In general.--In awarding grants to eligible entities 
        under this subpart, the Secretary shall consider--
                    ``(A) the quality of the eligible entity's 
                application;
                    ``(B) the eligible entity's record, if applicable, 
                of success in creating, expanding, replicating, 
                managing, and overseeing high-performing charter 
                schools;
                    ``(C) the eligible entity's record of discontinuing 
                funding or closing low-performing charter schools, 
                including, as applicable, by revoking or not renewing 
                the charters of such charter schools, and the eligible 
                entity's commitment to discontinuing funding or closing 
                low-performing charter schools in the future;
                    ``(D) the extent to which the eligible entity 
                demonstrates that such eligible entity will award 
                subgrants targeted to serving students who attend 
                schools that have been identified through the State 
                accountability and improvement system described in 
                section 1116;
                    ``(E) the quality of the eligible entity's plan for 
                supporting subgrant recipients, through such activities 
                as technical assistance, directly or through grants, 
                contracts, or cooperative agreements, in order to--
                            ``(i) improve student academic achievement 
                        and growth, consistent with section 1111, for 
                        all students and for each subgroup of students 
                        described in section 1116(b)(1)(B); and
                            ``(ii) promote effective outreach to, and 
                        recruitment of, students who are children with 
                        disabilities and students who are English 
                        learners, and the parents and families of such 
                        students; and
                    ``(F) the extent to which the State in which the 
                eligible entity operates provides for and enforces 
                high-quality standards for charter school authorizers, 
                including by establishing standards for rigorous and 
                periodic reviews.
            ``(2) State educational agencies.--In the case of an 
        applicant that is an eligible entity described in section 
        5411(4)(A), in addition to the elements described in paragraph 
        (1), the Secretary shall also consider, the extent to which 
        such eligible entity--
                    ``(A) ensures that charter schools receive 
                equitable funding compared to other public schools in 
                the State, and a commensurate share of Federal, State, 
                and local revenues compared to public schools in the 
                State, including equitable State funding to support 
                early childhood education and care programs operated by 
                charter schools in the State, in accordance with State 
                law; and
                    ``(B) provides charter schools with equitable 
                access to funds for facilities (which may include funds 
                for leasing or purchasing facilities or for making 
                tenant improvements), assistance for facilities 
                acquisition, access to public facilities, the ability 
                to share in the proceeds of bonds and levies, or other 
                support related to facilities.
            ``(3) Local educational agencies.--In the case of an 
        applicant that is an eligible entity described in section 
        5411(4)(B) (except for a charter school that is considered a 
        local educational agency under State law) in addition to the 
        elements described in paragraph (1), the Secretary shall also 
        consider--
                    ``(A) if charter schools are operating within the 
                area served by such eligible entity, the extent to 
                which the eligible entity has policies and procedures 
                in place to ensure that--
                            ``(i) charter schools have equitable access 
                        to school facilities; or
                            ``(ii) charter schools are not denied 
                        access to available public school facilities; 
                        and
                    ``(B) the extent to which the eligible entity 
                demonstrates support for public school choice.
            ``(4) Charter school authorizers.--In the case of an 
        applicant that is an eligible entity described in section 
        5411(4)(C), in addition to the elements described in paragraph 
        (1), the Secretary shall also consider the eligible entity's 
        record of success in authorizing and supporting high-performing 
        charter schools.
            ``(5) Charter management organizations.--In the case of an 
        applicant that is an eligible entity described in section 
        5411(4)(D), in addition to the elements described in paragraph 
        (1), as applicable, the Secretary shall also consider--
                    ``(A) the quality of the eligible entity's 
                management team; and
                    ``(B) the quality and sustainability of the 
                eligible entity's multi-year financial and operating 
                model.
    ``(b) Priority.--
            ``(1) Students from low-income families.--In awarding 
        grants under this subpart, the Secretary shall give priority to 
        eligible entities that propose to create, expand, or replicate 
        high-performing charter schools that plan to enroll a large 
        percentage of students from low-income families.
            ``(2) Diversity.--In awarding grants under this subpart, 
        the Secretary may give priority to eligible entities that 
        propose to create, expand, or replicate a high-performing 
        charter school that will have a diverse student population.
            ``(3) State educational agencies.--In the case of an 
        applicant that is an eligible entity described in section 
        5411(4)(A), the Secretary shall give priority to such eligible 
        entities--
                    ``(A) from States that do not have a law that 
                prohibits, or effectively inhibits, increasing the 
                number of high-performing charter schools in the State;
                    ``(B) from States that--
                            ``(i) provide for, and adequately support, 
                        2 or more charter school authorizers, of which 
                        not less than 1 is a statewide charter school 
                        authorizer; or
                            ``(ii) in the case of a State in which 
                        local educational agencies are the only charter 
                        school authorizers--
                                    ``(I) allow for an appeals process 
                                through which developers have an 
                                opportunity to appeal a denial to 
                                another authorizer that will issue a 
                                final determination regarding whether 
                                or not to grant the developer a 
                                charter; and
                                    ``(II) require charter school 
                                authorizers to indicate an affirmative 
                                interest in serving as charter school 
                                authorizers; and
                    ``(C) that have a policy or procedure in place that 
                ensures that charter schools are reauthorized or have 
                their charter renewed not less than once every 5 years.

``SEC. 5415. USES OF FUNDS.

    ``(a) Required Uses of Funds.--Each eligible entity receiving a 
grant under section 5412(a) shall--
            ``(1) use not less than 95 percent of the remaining grant 
        funds, after the reservations made under section 5412(g), to 
        award subgrants to 1 or more developers, as described under 
        section 5416, to enable such developers to create, expand, or 
        replicate 1 or more high-performing charter schools (which may 
        include opening new schools or converting existing schools into 
        charter schools) in the area served by the eligible entity or 
        under the jurisdiction of the eligible entity;
            ``(2) in awarding subgrants, give priority to developers 
        that propose to create, expand, or replicate a high-performing 
        charter school in which a large percentage of the students 
        enrolled are from low-income families;
            ``(3) provide developers who are receiving a subgrant with 
        support and technical assistance in--
                    ``(A) improving student academic achievement and 
                growth, consistent with section 1111;
                    ``(B) effectively serving the needs of all 
                students, including students who are children with 
                disabilities and students who are English learners; and
                    ``(C) implementing outreach and recruitment 
                practices that includes families of students who are 
                children with disabilities and English learners;
            ``(4) directly, or through a partnership with a nonprofit 
        organization (such as a community-based organization), develop 
        and implement parent, family, and student information, 
        outreach, and recruitment programs to provide information and 
        support to parents, families, and students about the public 
        school choice options available to them, including students who 
        are children with disabilities and students who are English 
        learners, in a simple, clear, and easily accessible format and, 
        to the extent practicable, in a language that such parents, 
        families, and students can understand.
    ``(b) Permissible Use of Funds.--Each eligible entity receiving a 
grant under section 5412(a) may use not more than 1 percent of grant 
funds to disseminate information to public schools in the eligible 
entity's jurisdiction or service area about lessons learned through the 
grant activities, in order to--
            ``(1) successfully address the education needs of all 
        students, including students who are children with disabilities 
        and students who are English learners; and
            ``(2) replicate high-performing charter school models.

``SEC. 5416. SUBGRANTS.

    ``(a) Applications.--Each developer that desires to receive a 
subgrant under this subpart shall submit an application to the 
appropriate eligible entity at such time, in such form, and including 
such information and assurances as the eligible entity may reasonably 
require, which shall include the information required under 
subparagraphs (A) through (F) of paragraph (1) and paragraph (5) of 
section 5413(b).
    ``(b) Use of Funds.--A developer that receives a subgrant under 
this subpart shall use such subgrant funds to create, expand, or 
replicate 1 or more high-performing charter schools, which may include 
carrying out the following activities:
            ``(1) If necessary, carrying out not more than 12 months of 
        planning and program design, unless such developer demonstrates 
        the need for an additional planning period of not more than 3 
        months.
            ``(2) Recruiting and providing preparation, induction, and 
        professional development for teachers, school leaders, and 
        other staff who will work in a charter school that is supported 
        by the developer.
            ``(3) Acquiring necessary equipment, supplies, and 
        educational materials, including curricula, assessments, and 
        instructional materials.
            ``(4) Professional development and implementation of 
        systems for the delivery of appropriate services for students 
        who are children with disabilities and students who are English 
        learners, including through centralizing, purchasing, or 
        sharing the provision of such services with other 
        organizations.
            ``(5) Providing transportation to students to and from the 
        school.
            ``(6) Paying operational costs for a charter school that 
        cannot be met through State or local funding sources.
            ``(7) Directly, or through a partnership with a nonprofit 
        organization (including a community-based organization), 
        developing and implementing parent, family, and student 
        information and outreach programs to provide information and 
        support to parents, families, and students about each charter 
        school, in a simple, clear, and easily accessible format and, 
        to the extent practicable, in a language that the parents, 
        families, and students can understand.
            ``(8) Developing and implementing effective outreach and 
        recruitment strategies to inform families of students who are 
        children with disabilities and students who are English 
        learners about the charter school, the charter school 
        admissions process, and the charter school's plan to 
        effectively provide appropriate educational and related 
        services to such students.
            ``(9) Evaluating and disseminating information, including 
        through technical assistance, about the effectiveness of the 
        activities supported by the subgrant.
    ``(c) Limitations.--Not more than 1 percent of subgrant funds may 
be used to carry out the activities described in subsection (b)(9).

``SEC. 5417. PERFORMANCE MEASURES; REPORTS.

    ``(a) Performance Measures and Targets.--Each eligible entity 
receiving a grant under this subpart shall establish performance 
measures and annual targets, approved by the Secretary, for the charter 
schools that are created, expanded, or replicated with funds provided 
through a grant or subgrant under this subpart. Such measures and 
targets shall include, at a minimum, in the aggregate and disaggregated 
by each subgroup of students described in section 1116(b)(1)(B)--
            ``(1) the number of students enrolled in each charter 
        school;
            ``(2) the number of students enrolled in each high-
        performing charter school;
            ``(3) the number of students enrolled in each high-
        performing charter school who were formerly attending a school 
        that has been identified through the State accountability and 
        improvement system described in section 1116;
            ``(4) student academic achievement and growth, consistent 
        with section 1111, including, if applicable, performance on the 
        State academic assessments required under section 1111(a)(2), 
        and student growth consistent with section 1111;
            ``(5) student retention rates;
            ``(6) in the case of a public charter school that is a 
        secondary school, student graduation rates, and student rates 
        of enrollment and persistence in institutions of higher 
        education; and
            ``(7) other measures required by the Secretary.
    ``(b) Reports.--Each eligible entity receiving a grant under this 
subpart shall annually prepare and submit a report to the Secretary 
containing the information described under subsection (a).
    ``(c) Developers.--Each developer receiving a subgrant under this 
subpart from an eligible entity shall provide the eligible entity with 
the data necessary to comply with the requirements of this section.

``SEC. 5418. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND FOR 
              SUCCESSIVE ENROLLMENT EXPANSIONS.

    ``(a) In General.--For purposes of the allocation to schools by the 
States or their agencies of funds under part A of title I, and any 
other Federal funds which the Secretary allocates to States on a 
formula basis, the Secretary and each State educational agency shall 
take such measures as are necessary to ensure that every charter school 
receives the Federal funding for which the charter school is eligible 
not later than 5 months after the charter school first opens, 
notwithstanding the fact that the identity and characteristics of the 
students enrolling in that charter school are not fully and completely 
determined until that charter school actually opens. The measures 
similarly shall ensure that every charter school expanding its 
enrollment in any subsequent year of operation receives the Federal 
funding for which the charter school is eligible not later than 5 
months after such expansion.
    ``(b) Adjustment and Late Openings.--
            ``(1) In general.--The measures described in subsection (a) 
        shall include provision for appropriate adjustments, through 
        recovery of funds or reduction of payments for the succeeding 
        year, in cases where payments made to a charter school on the 
        basis of estimated or projected enrollment data exceed the 
        amounts that the school is eligible to receive on the basis of 
        actual or final enrollment data.
            ``(2) Rule.--For charter schools that first open after 
        November 1 of any academic year, the State, in accordance with 
        guidance provided by the Secretary and applicable Federal 
        statutes and regulations, shall ensure that such charter 
        schools that are eligible for the funds described in subsection 
        (a) for such academic year have a full and fair opportunity to 
        receive those funds during the charter schools' first year of 
        operation.

``SEC. 5419. RECORDS TRANSFER.

    ``State educational agencies and local educational agencies 
receiving funds under part A of title I or any other Federal funds from 
the Secretary, shall, in the most timely manner possible and to the 
extent practicable, ensure that a student's records and, if applicable, 
a student's individualized education program as defined in section 
602(11) of the Individuals with Disabilities Education Act, are 
transferred to a charter school upon the transfer of the student to the 
charter school, and to another public school upon the transfer of the 
student from a charter school to another public school, in accordance 
with applicable State law.

``SEC. 5420. NATIONAL ACTIVITIES.

    ``From funds made available under this subpart for each fiscal 
year, the Secretary may reserve not more than 2.5 percent for national 
activities to carry out (directly or through grants, contracts that use 
a competitive bidding process, or cooperative agreements) research, 
development, data collection, technical assistance, outreach, and 
dissemination activities, including--
            ``(1) research, technical assistance, and other activities 
        to assist eligible entities receiving a grant under this 
        subpart, and other eligible entities in improving the entity's 
        capacity to--
                    ``(A) create, expand, replicate, operate, or 
                support high-performing charter schools that meet the 
                needs of, and improve the outcomes for, all students, 
                including students who are children with disabilities 
                and students who are English learners;
                    ``(B) support charter school authorizers to improve 
                quality through the adoption of research-based policies 
                and procedures and increased capacity; and
                    ``(C) work to turn around schools that have been 
                identified through the State accountability and 
                improvement system described in section 1116;
            ``(2) providing for the research and dissemination of 
        information about specific charter school models and program 
        characteristics for which there is strong evidence of a 
        significant impact on improving student academic achievement 
        and growth, consistent with section 1111, for all students, 
        including students who are children with disabilities and 
        English learners;
            ``(3) developing and implementing activities that help 
        parents, families, students, and the community identify and 
        access high-performing charter schools;
            ``(4) providing for the collection of information regarding 
        the financial resources available to charter schools (including 
        access to private capital) and widely disseminating to charter 
        schools any such relevant information and model descriptions of 
        successful programs; and
            ``(5) carrying out other related activities.

  ``Subpart 2--Charter School Facility Acquisition, Construction, and 
                               Renovation

``SEC. 5431. PURPOSE.

    ``The purpose of this subpart is to provide grants to eligible 
entities to improve access to facilities and facilities financing for 
high-performing charter schools and assist such schools to address the 
cost of acquiring, constructing, and renovating facilities.

``SEC. 5432. DEFINITIONS.

    ``In this subpart:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State educational agency;
                    ``(B) a local educational agency, except a charter 
                school that is considered a local educational agency 
                under State law;
                    ``(C) a nonprofit entity;
                    ``(D) a State financing authority; or
                    ``(E) a consortium of entities described in any of 
                subparagraphs (A) through (D).
            ``(2) High-performing charter school.--The term `high-
        performing charter school' has the meaning given such term in 
        section 5411(6).
            ``(3) Per-pupil facilities aid program.--The term `per-
        pupil facilities aid program' means a program--
                    ``(A) that is specified in State law;
                    ``(B) that provides annual financing, on a per-
                pupil basis, for charter school facilities; and
                    ``(C) in which a State makes payments, on a per-
                pupil basis, to charter schools to provide such schools 
                with financing--
                            ``(i) that is dedicated solely for funding 
                        charter school facilities; or
                            ``(ii) a portion of which is dedicated for 
                        funding charter school facilities.

``SEC. 5433. GRANTS TO ELIGIBLE ENTITIES.

    ``(a) Credit Enhancement Grants.--The Secretary shall use not less 
than 65 percent of the amount available to carry out this subpart to 
award grants on a competitive basis to eligible entities to enable such 
eligible entities to demonstrate innovative credit enhancement methods 
of assisting high-performing charter schools to access private sector 
capital to address the cost of acquiring, constructing, and renovating 
facilities by enhancing the availability of loans or bond financing.
    ``(b) Other Facilities Grants.--The Secretary shall use the 
remainder of the amount available to carry out this subpart to award 
grants on a competitive basis to eligible entities to--
            ``(1) improve access to facilities and facilities financing 
        for high-performing charter schools, through methods that may 
        include--
                    ``(A) leveraging State and local facilities funds, 
                including the cost of implementing school bond programs 
                that include high-performing charter schools;
                    ``(B) implementing open-facilities-access programs 
                or making available renovated or adapted space for 
                high-performing charter schools; and
                    ``(C) assisting with constructing or improving, at 
                low cost, facilities for high-performing charter 
                schools through innovative methods; and
            ``(2) support an eligible entity described in section 
        5432(1)(A) in the establishment, enhancement, and 
        administration of a per-pupil facilities aid program through 
        Federal payments that shall be not more than--
                    ``(A) 90 percent of the cost, for the first fiscal 
                year for which the program receives assistance under 
                this subsection;
                    ``(B) 80 percent in the second such year;
                    ``(C) 60 percent in the third such year;
                    ``(D) 40 percent in the fourth such year; and
                    ``(E) 20 percent in the fifth such year.
    ``(c) State Share of Per-Pupil Facilities Aid Program.--A State 
receiving a grant under subsection (b)(2) may partner with 1 or more 
organizations to provide not more than 50 percent of the State share of 
the cost of establishing, enhancing, or administering the per-pupil 
facilities aid program.
    ``(d) Grant Amount.--In determining the amount of each grant to be 
awarded under this subpart, the Secretary shall consider--
            ``(1) the quality of the application submitted under 
        section 5435;
            ``(2) the number of students that are served or may be 
        served by high-performing charter schools that would receive 
        assistance under the grant program; and
            ``(3) the amount of funds that is needed to implement the 
        activities described in the approved application.
    ``(e) Supplement Not Supplant.--Funds made available under this 
section shall be used to supplement, and not supplant, State and local 
public funds expended to provide programs for charter schools.

``SEC. 5434. CHARTER SCHOOL OBJECTIVES.

    ``An eligible entity receiving a grant under this subpart shall use 
the funds to assist 1 or more high-performing charter schools to 
accomplish 1 or both of the following objectives:
            ``(1) The acquisition (by purchase, lease, donation, or 
        otherwise) of an interest (including an interest held by a 
        third party for the benefit of a charter school) in improved or 
        unimproved real property that is necessary to commence or 
        continue the operation of a charter school.
            ``(2) The construction of new facilities, or the 
        renovation, repair, or alteration of existing facilities, 
        necessary to commence or continue the operation of a charter 
        school.

``SEC. 5435. APPLICATIONS; SELECTION CRITERIA.

    ``(a) In General.--Each eligible entity desiring a grant under this 
subpart shall submit an application to the Secretary at such time, in 
such manner, and containing such information and assurances as the 
Secretary may require.
    ``(b) Contents.--An application submitted under subsection (a) 
shall include--
            ``(1) a description of the activities that the eligible 
        entity proposes to carry out using funds received under this 
        subpart;
            ``(2) a demonstration that the eligible entity will 
        consider the quality of a charter school when determining--
                    ``(A) which charter schools will receive assistance 
                under this subpart;
                    ``(B) how much grant assistance will be provided to 
                each charter school; and
                    ``(C) the type of assistance that each charter 
                school will receive;
            ``(3) a description of the eligible entity's record of 
        successfully carrying out the activities that such eligible 
        entity proposes to carry out;
            ``(4) if applicable, the eligible entity's record of 
        leveraging private-sector funding and a description of how the 
        proposed activities will leverage the maximum amount of 
        private-sector financing capital relative to the amount of 
        government funding;
            ``(5) an explanation of how the eligible entity possesses 
        sufficient expertise in education to evaluate the likelihood of 
        success of a charter school for which facilities financing is 
        sought;
            ``(6) in the case of an application submitted by an 
        eligible entity that includes 1 or more State or local 
        educational agencies, a description of the agency's policies 
        and procedures for ensuring that charter schools have equitable 
        access to school facilities; and
            ``(7) such other information as the Secretary may 
        reasonably require.
    ``(c) Selection Criteria.--In awarding grants under this subpart, 
the Secretary shall consider--
            ``(1) the quality of the eligible entity's application;
            ``(2) the extent to which the eligible entity proposes to 
        support high-performing charter schools that plan to enroll a 
        large percentage of students from low-income families;
            ``(3) the geographic diversity of the eligible entities, 
        including the distribution of grants between urban and rural 
        areas; and
            ``(4) the number of eligible entities in a State that are 
        receiving grants under this subpart in any fiscal year.

``SEC. 5436. RESERVE ACCOUNT.

    ``(a) Use of Funds.--To assist charter schools with addressing the 
cost of acquiring, constructing, and renovating facilities and 
accessing facilities and facilities financing, an eligible entity 
receiving a grant under section 5433(a) shall, in accordance with State 
and local law, directly or indirectly, alone or in collaboration with 
others, deposit the funds received under this subpart (other than funds 
used for administrative costs in accordance with section 5437) in a 
reserve account established and maintained by the eligible entity for 
this purpose. Amounts deposited in such account shall be used by the 
eligible entity for 1 or more of the following purposes:
            ``(1) Guaranteeing, insuring, and reinsuring bonds, notes, 
        evidences of debt, loans, and interests therein, the proceeds 
        of which are used for an objective described in section 5434.
            ``(2) Guaranteeing and insuring leases of personal and real 
        property for an objective described in section 5434.
            ``(3) Facilitating financing by identifying potential 
        lending sources, encouraging private lending, and other similar 
        activities that directly promote lending to, or for the benefit 
        of, charter schools.
            ``(4) Facilitating the issuance of bonds by charter 
        schools, or by other public entities for the benefit of charter 
        schools, by providing technical, administrative, and other 
        appropriate assistance (including the recruitment of bond 
        counsel, underwriters, and potential investors and the 
        consolidation of multiple charter school projects within a 
        single bond issue).
    ``(b) Investment.--Funds received under this subpart and deposited 
in the reserve account established under subsection (a) shall be 
invested in obligations issued or guaranteed by the United States or a 
State, or in other similarly low-risk securities.
    ``(c) Reinvestment of Earnings.--Any earnings on funds received 
under this subpart shall be deposited in the reserve account 
established under subsection (a) and used in accordance with such 
subsection.

``SEC. 5437. LIMITATION ON ADMINISTRATIVE COSTS.

    ``An eligible entity may use not more than 2.5 percent of the funds 
received under this subpart for the administrative costs of carrying 
out its responsibilities under this subpart.

``SEC. 5438. AUDITS AND REPORTS.

    ``(a) Financial Record Maintenance and Audit.--The financial 
records of each eligible entity receiving a grant under this subpart 
shall be maintained in accordance with generally accepted accounting 
principles and shall be subject to an annual audit by an independent 
public accountant.
    ``(b) Reports.--
            ``(1) Grantee annual reports.--Each eligible entity 
        receiving a grant under this subpart annually shall submit to 
        the Secretary a report of its operations and activities under 
        this subpart.
            ``(2) Contents.--Each annual report submitted under 
        paragraph (1) shall include--
                    ``(A) a copy of the most recent financial 
                statements, and any accompanying opinion on such 
                statements, prepared by the independent public 
                accountant reviewing the financial records of the 
                eligible entity;
                    ``(B) a copy of any report made on an audit of the 
                financial records of the eligible entity that was 
                conducted under subsection (a) during the reporting 
                period;
                    ``(C) if applicable, an evaluation by the eligible 
                entity of the effectiveness of its use of the Federal 
                funds provided under this subpart in leveraging private 
                funds;
                    ``(D) a listing and description of the charter 
                schools served during the reporting period and the 
                performance of such charter schools in increasing 
                student achievement and growth, consistent with section 
                1111;
                    ``(E) a description of the activities carried out 
                by the eligible entity to assist charter schools in 
                meeting the objectives set forth in section 5434; and
                    ``(F) a description of the characteristics of 
                lenders and other financial institutions participating 
                in the activities undertaken by the eligible entity 
                under this subpart during the reporting period, if 
                applicable.
            ``(3) Secretarial report.--The Secretary shall review the 
        reports submitted under paragraph (1) and shall provide a 
        comprehensive annual report to Congress on the activities 
        conducted under this subpart.

``SEC. 5439. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS.

    ``No financial obligation of an eligible entity entered into 
pursuant to this subpart (such as an obligation under a guarantee, 
bond, note, evidence of debt, or loan) shall be an obligation of, or 
guaranteed in any respect by, the United States. The full faith and 
credit of the United States is not pledged to the payment of funds 
which may be required to be paid under any obligation made by an 
eligible entity pursuant to any provision of this subpart.

``SEC. 5440. RECOVERY OF FUNDS.

    ``(a) In General.--The Secretary, in accordance with chapter 37 of 
title 31, United States Code, shall collect--
            ``(1) all of the funds in a reserve account established by 
        an eligible entity under section 5436(a) if the Secretary 
        determines, not earlier than 2 years after the date on which 
        the eligible entity first received funds under this subpart, 
        that the eligible entity has failed to make substantial 
        progress in carrying out the purposes described in section 
        5436(a); or
            ``(2) all or a portion of the funds in a reserve account 
        established by an eligible entity under section 5436(a) if the 
        Secretary determines that the eligible entity has permanently 
        ceased to use all or a portion of the funds in such account to 
        accomplish any purpose described in section 5436(a).
    ``(b) Exercise of Authority.--The Secretary shall not exercise the 
authority provided in subsection (a) to collect from any eligible 
entity any funds that are being properly used to achieve 1 or more of 
the purposes described in section 5436(a).
    ``(c) Procedures.--The provisions of sections 451, 452, and 458 of 
the General Education Provisions Act shall apply to the recovery of 
funds under subsection (a).
    ``(d) Construction.--This section shall not be construed to impair 
or affect the authority of the Secretary to recover funds under part D 
of the General Education Provisions Act.''.

                 PART E--VOLUNTARY PUBLIC SCHOOL CHOICE

SEC. 5501. VOLUNTARY PUBLIC SCHOOL CHOICE.

    Title V (20 U.S.C. 7221 et seq.) is amended by adding at the end 
the following:

           ``PART E--VOLUNTARY PUBLIC SCHOOL CHOICE PROGRAMS

``SEC. 5501. GRANTS.

    ``(a) Authorization.--From funds made available to carry out this 
subpart, the Secretary shall award grants, on a competitive basis, to 
eligible entities to enable the entities to establish or expand a 
program of public school choice (referred to in this subpart as a 
`program') in accordance with this subpart.
    ``(b) Duration.--Grants awarded under subsection (a) may be awarded 
for a period of 3 years and may be renewed for not more than an 
additional 2 years if the Secretary finds that the grantee is achieving 
the objectives of the grant.

``SEC. 5502. USES OF FUNDS.

    ``(a) Required Use of Funds.--An eligible entity that receives a 
grant under this subpart shall use the grant funds to establish or 
expand inter- or intra-district public school choice programs for 
students attending the lowest-performing schools to attend high-quality 
public elementary schools and secondary schools, including charter 
schools.
    ``(b) Permissible Uses of Funds.--An eligible entity that receives 
a grant under this subpart may use the grant funds for--
            ``(1) planning or designing a program (for not more than 1 
        year);
            ``(2) transportation services to and from high-quality 
        schools for participating students;
            ``(3) improving public school finance systems to allow 
        school funding to follow students, including tuition transfer 
        payments to high-quality public elementary schools or secondary 
        schools to which students transfer under the program;
            ``(4) capacity-enhancing activities that enable high-
        quality public elementary schools or secondary schools to 
        accommodate transfer requests under the program;
            ``(5) public education and recruitment campaigns to inform 
        students attending the lowest-performing schools and their 
        parents about the program and to facilitate their 
        participation; and
            ``(6) other costs reasonably necessary to implement the 
        program, such as the development of lottery systems.
    ``(c) Nonpermissible Uses of Funds.--An eligible entity that 
receives a grant under this subpart may not use the grant funds for 
school construction.
    ``(d) Administrative Expenses.--The eligible entity may use not 
more than 5 percent of the funds made available through the grant for 
any fiscal year for administrative expenses.

``SEC. 5503. APPLICATIONS.

    ``(a) Submission.--An eligible entity that desires a grant under 
this subpart shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the Secretary may 
require.
    ``(b) Contents.--An application submitted under subsection (a) 
shall include a comprehensive plan that describes--
            ``(1) the activities to be carried out;
            ``(2) how the activities--
                    ``(A) will increase access to high-quality schools 
                for students attending the lowest-performing schools;
                    ``(B) will increase the student academic 
                achievement and student growth of students 
                participating in the grant activities, including 
                English learners and students with disabilities; and
                    ``(C) if applicable, will increase diversity;
            ``(3) how students will be selected to participate in grant 
        activities, including the design and implementation of a 
        lottery system if the program is oversubscribed, and how 
        students and parents will be informed of their opportunity to 
        participate;
            ``(4) how the program will be coordinated with and leverage 
        other related Federal and non-Federal funding and programs;
            ``(5) how the applicant will continue to implement the plan 
        after the period of the grant has expired;
            ``(6) if the activities required under section 5505(a)(2) 
        are to be carried out in partnership with a public or other 
        nonprofit organization, a description of the organization's 
        experience, capacity, responsibilities, and how the eligible 
        entity will monitor the public or other nonprofit 
        organization's effectiveness in carrying our such activities; 
        and
            ``(7) such other information as the Secretary may require.
    ``(c) Selection Criteria.--In selecting grantees under this part, 
the Secretary shall consider--
            ``(1) the quality of the applicant's comprehensive plan;
            ``(2) the extent to which the applicant can demonstrate 
        that its grant activities will increase student academic 
        achievement and student growth for students participating in 
        the grant activities, including English learners and students 
        with disabilities; and
            ``(3) the extent to which the applicant can demonstrate 
        that its grant activities will ensure that parents and students 
        are informed of the program, in a clear and uniform format and, 
        to the extent practicable, in a language that the parents and 
        students can understand, to increase the likelihood that 
        parents will have their children participate in the grantee's 
        program.

``SEC. 5504. PRIORITIES.

    ``In awarding grants under this subpart, the Secretary shall give 
priority to an eligible entity that proposes to--
            ``(1) establish or expand an inter-district choice program 
        that serves a large percentage of students from low-income 
        families; and
            ``(2) establish or expand a program that will increase 
        diversity.

``SEC. 5505. REQUIREMENTS AND VOLUNTARY PARTICIPATION.

    ``(a) Parent and Community Involvement and Notice.--In carrying out 
a program under this subpart, an eligible entity shall carry out the 
following:
            ``(1) Develop the program with--
                    ``(A) the involvement of parents and other 
                education stakeholders in the community to be served; 
                and
                    ``(B) individuals who will carry out the program, 
                including administrators, teachers, principals, and 
                other staff.
            ``(2) Develop and carry out the following activities, alone 
        or in partnership with a public or other nonprofit organization 
        that has a record of success in implementing such activities:
                    ``(A) Disseminating timely and accurate information 
                about the program to parents of students attending the 
                lowest-performing schools, in a clear and uniform 
                format and, to the extent practicable, in a language 
                that they can understand, including through the use of 
                a variety of effective and innovative outreach 
                approaches, such as by sending customized letters to 
                each family about available programs.
                    ``(B) Providing education and training to parents 
                of students attending the lowest-performing schools to 
                enable the parents to use the information provided 
                under subparagraph (A) in their decisions about their 
                children's education.
    ``(b) Selection of Students.--An eligible entity that receives a 
grant under this subpart shall select students to participate in a 
program on the basis of a lottery, if more students apply for admission 
to the program than can be accommodated.
    ``(c) Voluntary Participation.--Student participation in a program 
funded under this subpart shall be voluntary.
    ``(d) Performance Measures.--
            ``(1) In general.--Each eligible entity awarded a grant 
        under this part shall establish performance measures and 
        targets that--
                    ``(A) are approved by the Secretary;
                    ``(B) are implemented for each program established 
                or expanded with funds provided under this part; and
                    ``(C) at a minimum, track--
                            ``(i) the number of students participating;
                            ``(ii) the participating students' academic 
                        achievement and student growth;
                            ``(iii) in the case of participating high 
                        school students, their graduation rates; and
                            ``(iv) any other measure required by the 
                        Secretary.
            ``(2) Reports.--Each eligible entity awarded a grant under 
        this part shall annually report to the Secretary on its 
        performance on the measures and targets established under 
        paragraph (1), and shall provide that information both in the 
        aggregate and disaggregated for each subgroup of students 
        described in section 1111(a)(2)(B)(ix).

``SEC. 5506. EVALUATIONS.

    ``From the amount reserved for evaluation activities in accordance 
with section 9601(a), the Secretary, acting through the Director of the 
Institute of Education Sciences, shall, in consultation with the 
relevant program office at the Department, evaluate the implementation 
and impact of the activities supported under this part, consistent with 
section 9601, including--
            ``(1) how, and the extent to which, the programs promote 
        educational equity and excellence;
            ``(2) the characteristics of the students participating in 
        the programs; and
            ``(3) the effect of the programs on the academic 
        achievement and student growth of students participating in the 
        programs both in the aggregate and disaggregated for each 
        subgroup of students described in section 1111(a)(2)(B)(ix).

``SEC. 5507. DEFINITIONS.

    ``In this subpart:
            ``(1) Charter school.--The term `charter school' has the 
        meaning given such term in section 5411.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) 1 or more high-need local educational 
                agencies applying with 1 or more other local 
                educational agencies; or
                    ``(B) a State educational agency applying with 1 or 
                more high-need local educational agencies.
            ``(3) Lowest-performing school.--The term `lowest-
        performing school' means a public elementary school or 
        secondary school that has been identified as an achievement gap 
        school pursuant to section 1116(b) or a persistently low-
        achieving school pursuant to section 1116(c).''.

            TITLE VI--PROMOTING FLEXIBILITY; RURAL EDUCATION

SEC. 6101. PROMOTING FLEXIBILITY.

    Title VI (20 U.S.C. 7301 et seq.) is amended--
            (1) by striking the title heading and inserting the 
        following: ``PROMOTING FLEXIBILITY; RURAL EDUCATION''; and
            (2) by striking part A and inserting the following:

                       ``PART A--TRANSFERABILITY

``SEC. 6101. TRANSFERABILITY OF FUNDS.

    ``(a) Transfers by States.--
            ``(1) Authority to transfer.--Except as provided in 
        paragraph (2), in accordance with this part, a State may 
        transfer up to 100 percent of the State funds allotted to the 
        State for a fiscal year for use for State-level activities 
        described in this Act that are carried out as part of a grant 
        program in which funds for the grant are distributed by a 
        formula to 1 or more other State formula grant programs under 
        this Act for such fiscal year.
            ``(2) Prohibition against transferring funds out certain 
        titles.--A State may not transfer, pursuant to paragraph (1), 
        any funds that originate in title I, III, VII, or VIII out of 
        such respective title.
    ``(b) Transfers by Local Educational Agencies.--
            ``(1) Authority to transfer.--Except as provided in 
        paragraph (2), in accordance with this part, a local 
        educational agency may transfer 100 percent of the funds 
        allocated to it for a fiscal year for use for local-level 
        activities described in this Act that are carried out as part 
        of a grant program in which funds for the grant are distributed 
        by a formula to 1 or more other local educational agency 
        formula grant programs under this Act for such fiscal year.
            ``(2) Prohibition against transferring funds out of certain 
        titles.--A local educational agency may not transfer, pursuant 
        to paragraph (1), any funds that originate in title I, III, 
        VII, or VIII out of such respective title.
            ``(3) Special rule with respect to rural districts.--Except 
        as provided in paragraph (2), a local educational agency that 
        is eligible to receive assistance under part B may transfer 100 
        percent of the funds allocated to it for a fiscal year for use 
        for local-level activities described in this Act that are 
        carried out as part of a grant program in which funds for the 
        grant are distributed by a formula to 1 or more other local 
        educational agency formula grant programs under this Act for 
        such fiscal year or to carry out activities under a grant 
        program in which funds for the grant are distributed by formula 
        to States.
    ``(c) Modification of Plans and Applications; Notification.--
            ``(1) State transfers.--Each State that makes a transfer of 
        funds under this section shall--
                    ``(A) modify, to account for such transfer, each 
                State plan, or application submitted by the State, to 
                which such funds relate;
                    ``(B) not later than 30 days after the date of such 
                transfer, submit a copy of such modified plan or 
                application to the Secretary; and
                    ``(C) not later than 30 days before the effective 
                date of such transfer, notify the Secretary of such 
                transfer.
            ``(2) Local transfers.--Each local educational agency that 
        makes a transfer of funds under this section shall--
                    ``(A) modify, to account for such transfer, each 
                local plan, or application submitted by the agency, to 
                which such funds relate;
                    ``(B) not later than 30 days after the date of such 
                transfer, submit a copy of such modified plan or 
                application to the State; and
                    ``(C) not later than 30 days before the effective 
                date of such transfer, notify the State of such 
                transfer.
    ``(d) Applicable Rules.--
            ``(1) In general.--Except as otherwise provided in this 
        part, funds transferred pursuant to this section are subject to 
        each of the rules and requirements applicable to the funds 
        under the provision--
                    ``(A) to which the transferred funds are 
                transferred; and
                    ``(B) from which the transferred funds are 
                transferred.
            ``(2) Consultation.--Each State educational agency or local 
        educational agency that transfers funds under this section 
        shall conduct consultations in accordance with section 9501, if 
        such transfer transfers funds from a program that provides for 
        the participation of students, teachers, or other educational 
        personnel, from private schools.''.

SEC. 6102. RURAL EDUCATION.

    Part B of title VI (20 U.S.C. 7341 et seq.) is amended--
            (1) by striking section 6211;
            (2) by redesignating sections 6212 and 6213 as sections 
        6211 and 6212, respectively;
            (3) in section 6211, as redesignated by paragraph (2)--
                    (A) in the section heading, by striking ``grant'';
                    (B) in subsection (a), by striking ``activities 
                authorized'' and all that follows through the period at 
                the end of paragraph (5) and inserting ``activities 
                consistent with section 6101(b).'';
                    (C) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) by striking ``section 6211(b)'' 
                                and inserting ``subsection (d)''; and
                                    (II) by striking ``section 
                                6211(c)'' and inserting ``subpart 2 of 
                                part A of title II''; and
                            (ii) by striking paragraph (2) and 
                        inserting the following:
            ``(2) Determination of initial amount.--
                    ``(A) In general.--The initial amount referred to 
                in paragraph (1) is equal to $100 multiplied by the 
                total number of students in excess of 50 students, in 
                average daily attendance at the schools served by the 
                local educational agency, plus $20,000, except that the 
                initial amount may not exceed $60,000.
                    ``(B) Appropriation more than $211,723,832.--
                Notwithstanding subparagraph (A), if the appropriation 
                for this part is more than $211,723,832, a grant under 
                this part shall not be less than $25,000, and the 
                initial amount may not exceed $80,000.'';
                    (D) by redesignating subsection (d) as subsection 
                (e);
                    (E) by inserting after subsection (c) the 
                following:
    ``(d) Eligibility.--
            ``(1) In general.--A local educational agency shall be 
        eligible for a grant under this section if--
                    ``(A)(i)(I) the total number of students in average 
                daily attendance at all of the schools served by the 
                local educational agency is fewer than 600; or
                    ``(II) each county or locale in which a school 
                served by the local educational agency is located has a 
                total population density of fewer than 10 persons per 
                square mile; and
                    ``(ii) each of the schools served by the local 
                educational agency is designated with a school locale 
                code of 33, 41, 42, or 43, as determined by the 
                Secretary; or
                    ``(B) the agency meets at least 1 of the criteria 
                established in subparagraph (A)(i) and the Secretary, 
                in accordance with paragraph (2), grants the State 
                educational agency's request to waive the criterion 
                described in subparagraph (A)(ii).
            ``(2) Certification.--The Secretary shall determine whether 
        to waive the criterion described in paragraph (1)(A)(ii) based 
        on a demonstration by the local educational agency, and with 
        the concurrence of the State educational agency, that the local 
        educational agency is located in an area defined as rural by a 
        governmental agency of the State.''; and
                    (F) by striking subsection (e), as redesignated by 
                subparagraph (D), and inserting the following:
    ``(e) Special Eligibility Rule.--
            ``(1) Eligibility.--A local educational agency that is 
        eligible to receive a grant under this subpart for a fiscal 
        year shall be eligible to receive funds for such fiscal year 
        under subpart 2.
            ``(2) Limitation on receipt of grants.--A local educational 
        agency may receive grant funding under subpart 1 or subpart 2, 
        but may not receive grant funding under both such subparts.'';
            (4) by striking section 6212, as redesignated by paragraph 
        (2), and inserting the following:

``SEC. 6212. ACADEMIC ACHIEVEMENT ASSESSMENTS.

    ``Each local educational agency that uses or receives funds under 
this subpart for a fiscal year shall administer assessments that are 
consistent with section 1111(a)(2).'';
            (5) in section 6221--
                    (A) in subsection (a)(1), by striking ``under 
                section 6234 for'' and inserting ``to carry out'';
                    (B) in subsection (b)(1)(B), by striking ``6, 7, or 
                8'' and inserting ``33, 41, 42, or 43,''; and
                    (C) in subsection (c)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``under section 6234 for'' and 
                        inserting ``to carry out''; and
                            (ii) in paragraph (1), by striking ``Bureau 
                        of Indian Affairs'' and inserting ``Bureau of 
                        Indian Education'';
            (6) in section 6222, by striking subsection (a) and 
        inserting the following:
    ``(a) Local Awards.--Grant funds awarded to local educational 
agencies under this subpart shall be used to carry out local-level 
activities consistent with section 6101(b).'';
            (7) in section 6224--
                    (A) in subsection (c)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``the Committee on Education and 
                        the Workforce of the House of Representatives 
                        and the Committee on Health, Education, Labor, 
                        and Pensions of the Senate'' and inserting 
                        ``the authorizing committees''; and
                            (ii) by striking ``local educational 
                        agencies and schools'' and inserting the 
                        following:
            ``(2) how local educational agencies and schools'';
                    (B) in subsection (d)--
                            (i) in the subsection heading, by striking 
                        ``Assessment'' and inserting ``Assessments''; 
                        and
                            (ii) by striking ``an assessment that is 
                        consistent with section 1111(b)(3)'' and 
                        inserting ``assessments that are consistent 
                        with section 1111(a)(2)''; and
                    (C) by striking subsection (e);
            (8) by striking section 6234;
            (9) by redesignating sections 6231 through 6233 as sections 
        6232 through 6234, respectively;
            (10) by inserting before section 6232, as redesignated by 
        paragraph (9), the following:

``SEC. 6231. CHOICE OF PARTICIPATION.

    ``If a local educational agency is eligible for funding under 
subpart 1 and subpart 2 of this part, such local educational agency may 
choose to participate in either subpart 1 or subpart 2.'';
            (11) in section 6232, as redesignated by paragraph (9)--
                    (A) in subsection (a), by striking ``6212'' and 
                inserting ``6211''; and
                    (B) in subsection (b)--
                            (i) by striking ``under section 6212 or 
                        subpart 2'' each place the term appears and 
                        inserting ``under this part''; and
                            (ii) by striking ``under this section'' and 
                        inserting ``under this part''; and
            (12) in section 6233, as redesignated by paragraph (9), by 
        striking ``subpart 1 or subpart 2'' and inserting ``this 
        part''.

SEC. 6103. GENERAL PROVISIONS.

    Title VI (20 U.S.C. 7301 et seq.) is amended by striking part C.

    TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

                        PART A--INDIAN EDUCATION

SEC. 7101. PURPOSE.

    Section 7102 (20 U.S.C. 7402) is amended to read as follows:

``SEC. 7102. PURPOSE.

    ``It is the purpose of this part to support the efforts of local 
educational agencies, Indian tribes and organizations, postsecondary 
institutions, and other entities--
            ``(1) to ensure the academic achievement of Indian and 
        Alaska Native students by meeting their unique cultural, 
        language, and educational needs, consistent with section 
        1111(a);
            ``(2) to ensure that Indian and Alaska Native students gain 
        knowledge and understanding of Native communities, languages, 
        tribal histories, traditions, and cultures; and
            ``(3) to ensure that principals, teachers, and other staff 
        who serve Indian and Alaska Native students have the ability to 
        provide culturally appropriate and effective instruction to 
        such students.''.

        Subpart 1--Formula Grants to Local Educational Agencies

SEC. 7111. FORMULA GRANT PURPOSE.

    Section 7111 (20 U.S.C. 7421) is amended to read as follows:

``SEC. 7111. PURPOSE.

    ``It is the purpose of this subpart to support local educational 
agencies in developing elementary school and secondary school programs 
that are designed to--
            ``(1) meet the unique cultural, language, and educational 
        needs of Indian students; and
            ``(2) ensure that all students meet the college and career 
        ready student academic achievement standards adopted under 
        section 1111(a)(1).''.

SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES, TRIBES, AND TRIBAL 
              ORGANIZATIONS.

    Section 7112 (20 U.S.C. 7422) is amended--
            (1) in subsection (a), by striking ``and Indian tribes'' 
        and inserting ``Indian tribes, and tribal organizations'';
            (2) in subsection (b)(2), by striking ``a reservation'' and 
        inserting ``an Indian reservation''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Indian Tribes and Tribal Organizations.--
            ``(1) In general.--If a local educational agency that is 
        otherwise eligible for a grant under this subpart does not 
        establish a committee under section 7114(c)(5) for such grant, 
        an Indian tribe, a tribal organization (as defined for purposes 
        of this title by section 4 of the Indian Self Determination and 
        Education Act (25 U.S.C. 450b)), or a consortium of such 
        entities that represents not less than one-third of the 
        eligible Indian children who are served by such local 
        educational agency may apply for such grant.
            ``(2) Special rule.--
                    ``(A) In general.--The Secretary shall treat each 
                Indian tribe, tribal organization, or consortium of 
                such entities applying for a grant pursuant to 
                paragraph (1) as if such entity were a local 
                educational agency for purposes of this subpart.
                    ``(B) Exceptions.--Notwithstanding subparagraph 
                (A), such Indian tribe, tribal organization, or 
                consortium shall not be subject to the requirements of 
                subsections (b)(9) or (c)(5) of section 7114 or section 
                7118(c).
            ``(3) Eligibility.--If more than 1 Indian tribe, tribal 
        organization, or consortium of such entities qualify to apply 
        for a grant under paragraph (1), the entity that represents the 
        most eligible Indian children who are served by the local 
        educational agency shall be eligible to receive the grant.
            ``(4) Unaffiliated indian tribes.--An Indian tribe that 
        operates a school and is not affiliated with either the local 
        educational agency or the Bureau of Indian Education, shall be 
        eligible to apply for a grant under this subpart.
            ``(5) Assurance to serve all indian children.--An Indian 
        tribe, tribal organization, or consortium of such entities that 
        qualifies to apply for a grant under paragraph (1) shall 
        provide in the application an assurance that the entity will 
        use the grant funds to provide services to all Indian students 
        served by the local educational agency.''.

SEC. 7113. AMOUNT OF GRANTS.

    Section 7113 (20 U.S.C. 7423) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``Bureau of 
                Indian Affairs'' and inserting ``Bureau of Indian 
                Education''; and
                    (B) in paragraph (2)--
                            (i) by inserting ``with other local 
                        educational agencies, Indian tribes, or tribal 
                        organizations'' after ``consortium''; and
                            (ii) by inserting ``and operating 
                        programs'' after ``grants'';
            (2) in subsection (d)--
                    (A) in the heading, by striking ``Bureau of Indian 
                Affairs'' and inserting ``Bureau of Indian Education'';
                    (B) in paragraph (1)(A)(i), by striking ``the 
                Bureau of Indian Affairs'' and inserting ``the Bureau 
                of Indian Education''; and
                    (C) in paragraph (2), by striking ``section 
                7114(c)(4)'' and inserting ``section 7114(c)(5)''; and
            (3) in subsection (e), by striking ``under section 
        7152(a)'' and inserting ``to carry out this subpart''.

SEC. 7114. APPLICATIONS.

    (a) In General.--Section 7114 (20 U.S.C. 7424) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``is consistent 
                                with'' and inserting ``supports''; and
                                    (II) by inserting ``, tribal,'' 
                                after ``State''; and
                            (ii) in subparagraph (B), by striking 
                        ``such goals'' and all that follows through the 
                        semicolon at the end and inserting ``such 
                        goals, to ensure such students meet the same 
                        college and career ready State academic 
                        achievement standards under section 1111(a)(1) 
                        for all children;'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) explains how the local educational agency will use 
        the funds made available under this subpart to supplement other 
        Federal, State, and local programs that meet the needs of such 
        students;'';
                    (C) in paragraph (5)(B), by striking ``and'' after 
                the semicolon;
                    (D) in paragraph (6)--
                            (i) in subparagraph (B)--
                                    (I) in clause (i), by striking 
                                ``subsection (c)(4)'' and inserting 
                                ``subsection (c)(5)''; and
                                    (II) by striking clause (ii) and 
                                inserting the following:
                            ``(ii) the Indian tribes whose children are 
                        served by the local educational agency; and'';
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                    (E) by adding at the end the following:
            ``(7) provides an assurance that the local educational 
        agency will coordinate activities under this title with other 
        Federal programs supporting educational and related services 
        administered by such agency;
            ``(8) provides an assurance that the local educational 
        agency conducted outreach to parents and family members to meet 
        the requirements under subsection (c)(5); and
            ``(9) describes--
                    ``(A) the formal process the local educational 
                agency used to collaborate with Indian tribes located 
                in the community in the development of the 
                comprehensive programs; and
                    ``(B) the actions taken as a result of the 
                collaboration.'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``the education 
                of Indian children, and not to supplant such funds'' 
                and inserting ``services and activities consistent with 
                those described in this subpart, and not to supplant 
                such funds'';
                    (B) by redesignating paragraphs (2), (3), and (4), 
                as paragraphs (3), (4), and (5), respectively;
                    (C) by inserting after paragraph (1) the following:
            ``(2) the local educational agency will use funds received 
        under this subpart only for activities described and authorized 
        under this subpart;'';
                    (D) in paragraph (3)(B), as redesignated by 
                subparagraph (B), by inserting ``, as measured by the 
                State academic assessments required under section 
                1111(a)(2), high school graduation rates, and other 
                academic outcomes as appropriate,'' after 
                ``effective'';
                    (E) in paragraph (4)(C), as redesignated by 
                subparagraph (B), by striking ``and'' after the 
                semicolon;
                    (F) in paragraph (5), as redesignated by 
                subparagraph (B)--
                            (i) by inserting ``and family members'' 
                        after ``parents'' each place the term appears;
                            (ii) in subparagraph (D)(ii), by striking 
                        ``and'' after the semicolon;
                            (iii) in subparagraph (E), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iv) by adding at the end the following:
                    ``(F) that shall determine the extent to which the 
                activities of the local educational agency will address 
                the unique cultural, language, and education needs of 
                Indian students; and
                    ``(G) that shall determine the extent to which 
                grant funds will directly enhance the educational 
                experiences of American Indian students.''.

SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.

    Section 7115 (20 U.S.C. 7425) is amended--
            (1) in subsection (a)--
                    (A) by adjusting the margin of paragraph (1) to 
                align with paragraphs (2) and (3); and
                    (B) in paragraph (1), by inserting ``solely for the 
                services and activities described in such application'' 
                after ``section 7114(a)'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (1) through (11) as 
                paragraphs (2) through (12), respectively;
                    (B) by inserting before paragraph (2), as 
                redesignated by subparagraph (A), the following:
            ``(1) activities that support Native American language 
        immersion programs and Native American language restoration 
        programs, which may be taught by traditional leaders;'';
                    (C) in paragraph (3), as redesignated by 
                subparagraph (A), by striking ``early childhood'' and 
                inserting ``high-quality early care and education'';
                    (D) in paragraph (4), as redesignated by 
                subparagraph (A), by striking ``challenging State 
                academic content and student academic achievement 
                standards'' and inserting ``college and career ready 
                State academic content and student academic achievement 
                standards under section 1111(a)'';
                    (E) by striking paragraph (5), as redesignated by 
                subparagraph (A), and inserting the following:
            ``(5) programs that promote parent, family, and tribal 
        engagement to meet the unique needs of Indian and Alaska Native 
        children;'';
                    (F) by striking paragraph (7), as redesignated by 
                subparagraph (A), and inserting the following:
            ``(7) activities to educate individuals so as to prevent 
        violence, suicide, and substance abuse;'';
                    (G) by striking paragraph (10), as redesignated by 
                subparagraph (A), and inserting the following:
            ``(10) activities that incorporate culturally and 
        linguistically relevant curriculum content into classroom 
        instruction that is responsive to the unique learning styles of 
        Indian and Alaska Native children to ensure that such children 
        are better able to meet the student academic achievement 
        standards, consistent with section 1111(a);'';
                    (H) by striking paragraph (11), as redesignated by 
                subparagraph (A) and inserting the following:
            ``(11) family literacy activities;'';
                    (I) in paragraph (12), as redesignated by 
                subparagraph (A), by striking ``qualified tribal elders 
                and seniors.'' and inserting ``traditional leaders; 
                and''; and
                    (J) by adding at the end the following:
            ``(13) dropout prevention strategies, and strategies--
                    ``(A) to meet the educational needs of at-risk 
                Indian students in correctional facilities; and
                    ``(B) to support Indian students who are 
                transitioning from such facilities to schools served by 
                local educational agencies.'';
            (3) in subsection (c)(1), by striking ``section 
        7114(c)(4)'' and inserting ``section 7114(c)(5)''; and
            (4) by adding at the end the following:
    ``(e) Limitation on Use of Funds.--Funds provided to a grantee 
under this subpart may not be used for long-distance travel expenses 
for training activities available locally or regionally.''.

SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.

    Section 7116 (20 U.S.C. 7426) is amended--
            (1) in subsection (d)(9), by striking ``section 
        7114(c)(4)'' and inserting ``section 7114(c)(5)'';
            (2) in subsection (g), in the matter preceding paragraph 
        (1)--
                    (A) by striking ``the No Child Left Behind Act of 
                2001'' and inserting ``the Elementary and Secondary 
                Education Reauthorization Act of 2011'';
                    (B) by inserting ``the Secretary of Health and 
                Human Services,'' after ``the Secretary of the 
                Interior,''; and
                    (C) by inserting ``and coordination'' after 
                ``providing for the implementation'';
            (3) by striking subsection (o) and inserting the following:
    ``(o) Report on Statutory Obstacles to, and Best Practices for, 
Program Integration.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the Elementary and Secondary Education 
        Reauthorization Act of 2011, the Secretary of Education shall 
        submit a report to the authorizing committees, the Committee on 
        Indian Affairs of the Senate, and the Committee on Natural 
        Resources of the House of Representatives on the results of the 
        implementation of the demonstration projects authorized under 
        this section.
            ``(2) Contents.--Such report shall identify--
                    ``(A) statutory barriers to the ability of 
                participants to integrate more effectively their 
                education and related services to Indian students in a 
                manner consistent with the objectives of this section; 
                and
                    ``(B) the best practices for program integration 
                that result in increased student proficiency, 
                graduation rates, and other relevant academic outcomes 
                for Indian and Alaska Native students.''.

SEC. 7117. STUDENT ELIGIBILITY FORMS.

    Section 7117 (20 U.S.C. 7427) is amended--
            (1) in subsection (b)(1)--
                    (A) in subparagraph (A)(ii), by inserting ``or 
                membership'' after ``enrollment''; and
                    (B) in subparagraph (B), by inserting ``or 
                membership'' after ``enrollment'';
            (2) by striking subsection (d) and inserting the following:
    ``(d) Forms and Standards of Proof.--
            ``(1) Types of proof.--For purposes of determining whether 
        a child is eligible to be counted for the purpose of computing 
        the amount of a grant award under section 7113, the membership 
        of the child, or any parent or grandparent of the child, in a 
        tribe or tribal organization may be established by proof other 
        than an enrollment number, notwithstanding the availability of 
        an enrollment number for a member of such tribe or tribal 
        organization.
            ``(2) Previously filed forms.--An Indian student 
        eligibility form that was on file as required by this section 
        on the day before the date of enactment of the Elementary and 
        Secondary Education Reauthorization Act of 2011 and that met 
        the requirements of this section, as this section was in effect 
        on the day before the date of enactment of such Act, shall 
        remain valid for such Indian student.'';
            (3) by striking subsection (e);
            (4) by redesignating subsection (f) as subsection (e);
            (5) by inserting after subsection (e), as redesignated by 
        paragraph (4), the following:
    ``(f) Technical Assistance.--The Secretary shall either directly or 
through a contract provide technical assistance to a local educational 
agency upon request, in addition to any technical assistance available 
under section 1116 or available through the Institute of Education 
Sciences, to support the services and activities described under this 
section, including for the--
            ``(1) development of applications under this section;
            ``(2) improvement in the quality of implementation, content 
        of activities, and evaluation of activities supported under 
        this subpart;
            ``(3) integration of activities under this title with other 
        educational activities established by the local educational 
        agency; and
            ``(4) coordination of activities under this title with 
        programs administered by each Federal agency providing grants 
        for the provision of educational and related services.''; and
            (6) in subsection (g), by striking ``the Bureau of Indian 
        Affairs'' and inserting ``the Bureau of Indian Education''.

    Subpart 2--Special Programs and Projects to Improve Educational 
              Opportunities for Indian Children and Youth

SEC. 7121 SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL 
              OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH.

    Subpart 2 of part A of title VII is amended by inserting ``and 
Youth'' after ``children'' in the subpart heading.

SEC. 7122. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN 
              AND YOUTH.

    Section 7121 (20 U.S.C. 7441) is amended--
            (1) in the heading, by adding ``and youth'' after 
        ``children'';
            (2) in subsection (a), by inserting ``and youth'' after 
        ``children'' both places the term appears;
            (3) in subsection (c)--
                    (A) by inserting ``and youth'' after ``children'' 
                each place the term appears; and
                    (B) in paragraph (1)--
                            (i) in subparagraph (D), by inserting 
                        ``emotional,'' after ``social,'';
                            (ii) by striking subparagraph (G) and 
                        inserting the following:
                    ``(G) high-quality early childhood education and 
                care programs that are effective in preparing young 
                children to be on track for college and career 
                readiness by the end of grade 3, including kindergarten 
                and prekindergarten programs, family-based preschool 
                programs that emphasize school readiness, screening and 
                referral, and the provision of services to Indian 
                children and youth with disabilities;'';
                            (iii) in subparagraph (K), by striking 
                        ``family literacy services'' and inserting 
                        ``family literacy activities'';
                            (iv) in subparagraph (L), by striking 
                        ``qualified tribal elders and seniors; or'' and 
                        inserting ``traditional leaders;'';
                            (v) in subparagraph (M), by striking the 
                        period at the end and inserting ``; or''; and
                            (vi) by adding at the end the following:
                    ``(N) other services that meet the purpose 
                described in this section.'';
                    (C) in paragraph (2), by striking ``Professional 
                development of'' and inserting ``High-quality 
                professional development of'';
            (4) in subsection (d)--
                    (A) in paragraph (1)(C), by striking ``make a grant 
                payment for a grant described in this paragraph to an 
                eligible entity after the initial year of the multiyear 
                grant only if the Secretary determines'' and inserting 
                ``award grants for an initial period of not more than 3 
                years and may renew such grants for not more than an 
                additional 2 years if the Secretary determines''; and
                    (B) in paragraph (3)(B)--
                            (i) in clause (i), by striking ``parents of 
                        Indian children and representatives of Indian 
                        tribes'' and inserting ``family members of 
                        Indian children and youth and official 
                        representatives designated by the Indian 
                        tribes''; and
                            (ii) in clause (iii)--
                                    (I) by striking ``information'' and 
                                inserting ``evidence''; and
                                    (II) by striking ``scientifically 
                                based'' and inserting ``evidence-
                                based''; and
            (5) by adding at the end the following:
    ``(f) Continuation.--Notwithstanding any other provision of this 
section, a grantee that is carrying out activities pursuant to a grant 
awarded under this section prior to the date of enactment of the 
Elementary and Secondary Education Reauthorization Act of 2011 may 
continue to carry out such activities under such grant in accordance 
with the terms of that grant award.''.

SEC. 7123. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION 
              PROFESSIONALS.

    Section 7122 (20 U.S.C. 7442) is amended--
            (1) in subsection (a), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) to increase the number of qualified Indian teachers 
        and administrators serving Indian students;
            ``(2) to recruit and provide training and support to 
        qualified Indian individuals to enable such individuals to 
        become highly rated teachers or administrators; and'';
            (2) in subsection (d), by adding at the end the following:
            ``(3) Continuation.--Notwithstanding any other provision of 
        this section, a grantee that is carrying out activities 
        pursuant to a grant awarded under this section prior to the 
        date of enactment of the Elementary and Secondary Education 
        Reauthorization Act of 2011 may continue to carry out such 
        activities under such grant in accordance with the terms of 
        that award.'';
            (3) by striking subsection (e) and inserting the following:
    ``(e) Application.--Each eligible entity desiring a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and accompanied by such information, as the Secretary 
may reasonably require. At a minimum, an application under this section 
shall describe how the eligible entity will--
            ``(1) recruit qualified Indian individuals, such as 
        students who may not be of traditional college age, to become 
        teachers or principals;
            ``(2) use funds made available under the grant to support 
        the recruitment, preparation, and professional development of 
        Indian teachers or principals in local educational agencies 
        that serve a high proportion of Indian students; and
            ``(3) assist participants in meeting the requirements under 
        subsection (h).''; and
            (4) by striking subsection (g) and inserting the following:
    ``(g) Grant Period.--The Secretary shall award grants under this 
section for an initial period of not more than 3 years, and may renew 
such grants for not more than an additional 2 years if the Secretary 
finds that the grantee is achieving the objectives of the grant.''; and
            (5) in subsection (h)(1)(A), by striking clause (ii) and 
        inserting the following:
                            ``(ii) in a local educational agency that 
                        serves a high proportion of Indian students; 
                        or''.

                     Subpart 3--National Activities

SEC. 7131. NATIONAL ACTIVITIES.

    Subpart 3 of part A of title VII (20 U.S.C. 7451 et seq.) is 
amended--
            (1) in section 7131--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1) 
                        by striking ``under section 7152(b)'' and 
                        inserting ``to carry out this subpart'';
                            (ii) in paragraph (1), by striking ``the 
                        education'' and inserting ``improving the 
                        academic achievement and development'';
                            (iii) by striking paragraph (2);
                            (iv) by redesignating paragraph (3) as 
                        paragraph (2);
                            (v) in paragraph (2), as redesignated by 
                        clause (iii), by striking ``Indians; and'' and 
                        inserting ``Indian students;''; and
                            (vi) by inserting after paragraph (2), as 
                        redesignated by clause (iii), the following:
            ``(3) provide technical assistance and logistical support 
        to grantees under this subpart; and''; and
                    (B) by striking subsection (c) and inserting the 
                following:
    ``(c) Coordination.--Research activities supported under this 
section--
            ``(1) shall be coordinated with appropriate offices within 
        the Department; and
            ``(2) may include collaborative research activities that 
        are jointly funded and carried out by the Bureau of Indian 
        Education and the Institute of Education Sciences.'';
            (2) by striking sections 7132, 7133, 7134, 7135, and 7136; 
        and
            (3) by inserting at the end the following:

``SEC. 7132. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS THROUGH 
              NATIVE AMERICAN LANGUAGE.

    ``(a) Purpose.--It is the purpose of this section to improve 
educational opportunities and academic achievement of Indian and Alaska 
Native students through Native American language programs and to foster 
the acquisition of Native American language.
    ``(b) Eligible Entities.--In this section, the term `eligible 
entity' means a State educational agency, local educational agency, 
Indian tribe, Indian organization, federally supported elementary 
school or secondary school for Indian students, Indian institution 
(including an Indian institution of higher education), or a consortium 
of such entities.
    ``(c) Grants Authorized.--The Secretary shall award grants to 
eligible entities to enable such entities to carry out the following 
activities:
            ``(1) Native American language programs that--
                    ``(A) provide instruction through the use of a 
                Native American language for not less than 10 children 
                for an average of not less than 500 hours per year per 
                student;
                    ``(B) provide for the involvement of parents, 
                caregivers, and families of students enrolled in the 
                program;
                    ``(C) utilize, and may include the development of 
                instructional courses and materials for learning Native 
                American languages and for instruction through the use 
                of Native American languages;
                    ``(D) provide support for professional development 
                activities; and
                    ``(E) include a goal of all students achieving--
                            ``(i) fluency in a Native American 
                        language; and
                            ``(ii) academic proficiency in mathematics, 
                        English, reading or language arts, and science.
            ``(2) Native American language restoration programs that--
                    ``(A) provide instruction in not less than 1 Native 
                language;
                    ``(B) provide support for professional development 
                activities for teachers of Native American languages;
                    ``(C) develop instructional materials for the 
                programs; and
                    ``(D) include the goal of increasing proficiency 
                and fluency in not less than 1 Native American 
                language.
    ``(d) Application.--
            ``(1) In general.--An eligible entity that desires to 
        receive a grant under this section shall submit an application 
        to the Secretary at such time, in such manner, and accompanied 
        by such information as the Secretary may require.
            ``(2) Certification.--An eligible entity that submits an 
        application for a grant to carry out the activity specified in 
        subsection (c)(1), shall include in such application a 
        certification that assures that such entity has experience and 
        a demonstrated record of effectiveness in operating and 
        administering a Native American language program or any other 
        educational program in which instruction is conducted in a 
        Native American language.
    ``(e) Grant Duration.--The Secretary shall make grants under this 
section only on a multi-year basis for a period not to exceed 5 years.
    ``(f) Definition.--In this section, the term `average' means the 
aggregate number of hours of instruction through the use of a Native 
American language to all students enrolled in a Native language program 
during a school year divided by the total number of students enrolled 
in the program.
    ``(g) Administrative Costs.--
            ``(1) In general.--Except as provided in paragraph (2), not 
        more than 5 percent of the funds provided to a grantee under 
        this section for any fiscal year may be used for administrative 
        purposes.
            ``(2) Exception.--An elementary school or secondary school 
        for Indian students that receives funds from a recipient of a 
        grant under subsection (c) for any fiscal year may use not more 
        than 10 percent of the funds for administrative purposes.

``SEC. 7133. IMPROVING STATE AND TRIBAL EDUCATIONAL AGENCY 
              COLLABORATION.

    ``The Secretary, in consultation with the Director of the Bureau of 
Indian Education, shall conduct a study of the relationship among State 
educational agencies, local educational agencies, and other relevant 
State and local agencies, and tribes or tribal representatives to--
            ``(1) identify examples of best practices in collaboration 
        among those entities that result in the provision of better 
        services to Indian students; and
            ``(2) provide recommendations on--
                    ``(A) State educational agency functions that 
                tribal educational agencies could perform;
                    ``(B) areas and agency functions in which greater 
                State educational agency and tribal educational agency 
                collaboration is needed; and
                    ``(C) other steps to reducing barriers to serving 
                Indian students, especially such students who are at 
                risk of academic failure.''.

                   Subpart 4--Federal Administration

SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

    Section 7141(b)(1) (20 U.S.C. 7471(b)(1)) is amended by inserting 
``and the Secretary of the Interior'' after ``advise the Secretary''.

        Subpart 5--Definitions; Authorization of Appropriations

SEC. 7151. DEFINITIONS; AUTHORIZATION OF APPROPRIATIONS.

    Subpart 5 of part A of title VII is amended--
            (1) in the subpart heading, by striking ``; Authorizations 
        of Appropriations'';
            (2) by striking section 7152; and
            (3) in section 7151 (20 U.S.C. 7491)--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraph (3) as paragraph 
                (2); and
                    (C) by adding at the end the following:
            ``(3) Traditional leaders.--The term `traditional leaders' 
        has the meaning given the term in the Native American Languages 
        Act of 1990 (25 U.S.C. 2902).''.

       PART B--NATIVE HAWAIIAN EDUCATION; ALASKA NATIVE EDUCATION

SEC. 7201. NATIVE HAWAIIAN EDUCATION AND ALASKA NATIVE EDUCATION.

    Title VII (20 U.S.C. 7401 et seq.) is amended--
            (1) in part B, by striking the heading and inserting the 
        following: ``native hawaiian education; alaska native 
        education'';
            (2) by inserting before section 7201 the following: 
        ``Subpart 1--Native Hawaiian Education'';
            (3) in section 7201, by striking ``part'' and inserting 
        ``subpart'';
            (4) by redesignating part C as subpart 2; and
            (5) in subpart 2, as redesignated by paragraph (4), by 
        striking the heading and inserting ``Alaska Native Education''.

                  Subpart 1--Native Hawaiian Education

SEC. 7202. FINDINGS.

    Section 7202 (20 U.S.C. 7512) is amended to read as follows:

``SEC. 7202. FINDINGS.

    ``Congress finds the following:
            ``(1) Native Hawaiians are a distinct and unique indigenous 
        people with a historical continuity to the original inhabitants 
        of the Hawaiian archipelago, whose society was organized as a 
        nation and internationally recognized as a nation by the United 
        States, Britain, France, and Japan, as evidenced by treaties 
        governing friendship, commerce, and navigation.
            ``(2) The United States has recognized and reaffirmed 
        that--
                    ``(A) Native Hawaiians have a cultural, historic, 
                and land-based link to the indigenous people who 
                exercised sovereignty over the Hawaiian Islands, and 
                that group has never relinquished its claims to 
                sovereignty or its sovereign lands;
                    ``(B) Congress does not extend services to Native 
                Hawaiians because of their race, but because of their 
                unique status as the indigenous people of a once 
                sovereign nation as to whom the United States has 
                established a trust relationship;
                    ``(C) Congress has also delegated broad authority 
                to administer a portion of the Federal trust 
                responsibility to the State of Hawaii;
                    ``(D) the political status of Native Hawaiians is 
                comparable to that of American Indians and Alaska 
                Natives; and
                    ``(E) the aboriginal, indigenous people of the 
                United States have--
                            ``(i) a continuing right to autonomy in 
                        their internal affairs; and
                            ``(ii) an ongoing right of self-
                        determination and self-governance that has 
                        never been extinguished.
            ``(3) The political relationship between the United States 
        and the Native Hawaiian people has been recognized and 
        reaffirmed by the United States, as evidenced by the inclusion 
        of Native Hawaiians in--
                    ``(A) the Native American Programs Act of 1974 (42 
                U.S.C. 2991 et seq.);
                    ``(B) the American Indian Religious Freedom Act (42 
                U.S.C. 1996);
                    ``(C) the National Museum of the American Indian 
                Act (20 U.S.C. 80q et seq.);
                    ``(D) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    ``(E) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    ``(F) the Native American Languages Act (25 U.S.C. 
                2901 et seq.);
                    ``(G) the American Indian, Alaska Native, and 
                Native Hawaiian Culture and Art Development Act (20 
                U.S.C. 4401 et seq.);
                    ``(H) the Workforce Investment Act of 1998 (29 
                U.S.C. 2801 et seq.); and
                    ``(I) the Older Americans Act of 1965 (42 U.S.C. 
                3001 et seq.).
            ``(4) In 1993, 2005, and 2009 the Kamehameha Schools Bishop 
        Estate released an updated findings of the Native Hawaiian 
        Educational Assessment Project, which found that despite the 
        successes of the programs established under title IV of the 
        Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary 
        School Improvement Amendments of 1988, many of the same 
        educational needs still existed for Native Hawaiians. 
        Subsequent reports by the Kamehameha Schools Bishop Estate and 
        other organizations have generally confirmed those findings. 
        For example--
                    ``(A) Native Hawaiian students continue to begin 
                their school experience lagging behind other students 
                in terms of readiness factors such as vocabulary test 
                scores;
                    ``(B) Native Hawaiian students continue to score 
                below national norms on standardized education 
                achievement tests at all grade levels;
                    ``(C) both public and private schools continue to 
                show a pattern of lower percentages of Native Hawaiian 
                students in the uppermost achievement levels and in 
                gifted and talented programs;
                    ``(D) Native Hawaiian students continue to be 
                overrepresented among students qualifying for special 
                education programs provided to students with learning 
                disabilities, mild mental retardation, emotional 
                impairment, and other such disabilities;
                    ``(E) Native Hawaiians continue to be 
                underrepresented in institutions of higher education 
                and among adults who have completed 4 or more years of 
                college; and
                    ``(F) Native Hawaiians continue to be 
                disproportionately represented in many negative social 
                and physical statistics indicative of special 
                educational needs.
            ``(5) Native Hawaiian students served by the State of 
        Hawaii Department of Education has risen from 20 percent in 
        1980 to 26 percent in 2008, and there are and will continue to 
        be geographically rural, isolated areas with a high Native 
        Hawaiian population density.
            ``(6) Despite the consequences of more than 100 years of 
        nonindigenous influence, the Native Hawaiian people are 
        determined to preserve, develop, and transmit to future 
        generations their ancestral territory and their cultural 
        identity in accordance with their own spiritual and traditional 
        beliefs, customs, practices, language, and social institutions.
            ``(7) The State of Hawaii, in the constitution and statutes 
        of the State of Hawaii--
                    ``(A) reaffirms and protects the unique right of 
                the Native Hawaiian people to practice and perpetuate 
                their culture and religious customs, beliefs, 
                practices, and language;
                    ``(B) recognizes the traditional language of the 
                Native Hawaiian people as an official language of the 
                State of Hawaii, which may be used as the language of 
                instruction for all subjects and grades in the public 
                school system; and
                    ``(C) promotes the study of the Hawaiian culture, 
                language, and history by providing a Hawaiian education 
                program and using community expertise as a suitable and 
                essential means to further the program.''.

SEC. 7203. PURPOSES.

    Section 7203 (20 U.S.C. 7513) is amended to read as follows:

``SEC. 7203. PURPOSES.

    ``The purposes of this subpart are to--
            ``(1) develop, implement, assess, expand, and evaluate 
        innovative educational programs, Native Hawaiian language 
        medium programs, Native Hawaiian culture-based education 
        programs, and other education programs to improve the academic 
        achievement of Native Hawaiian students by meeting their unique 
        cultural and language needs to help such students meet college 
        and career ready State academic content and student academic 
        achievement standards adopted under section 1111(a)(1);
            ``(2) provide guidance to appropriate Federal, State, and 
        local agencies to more effectively and efficiently focus 
        resources, including resources made available under this 
        subpart, on the development and implementation of--
                    ``(A) innovative educational programs for Native 
                Hawaiian students;
                    ``(B) rigorous and substantive Native Hawaiian 
                language programs; and
                    ``(C) Native Hawaiian culture-based educational 
                programs; and
            ``(3) create a system by which information from programs 
        funded under this subpart will be collected, analyzed, 
        evaluated, reported, and used in decision making activities 
        with respect to the types of grants awarded under this 
        subpart.''.

SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL.

    Section 7204 (20 U.S.C. 7514) is amended to read as follows:

``SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL.

    ``(a) Establishment of Native Hawaiian Education Council.--In order 
to better effectuate the purposes of this subpart through the 
coordination of educational and related services and programs available 
to Native Hawaiian students, including those programs receiving funding 
under this subpart, the Secretary shall establish a Native Hawaiian 
Education Council (referred to in this subpart as the `Education 
Council').
    ``(b) Composition.--
            ``(1) In general.--The Education Council shall consist of 
        15 members of whom--
                    ``(A) 1 shall be the President of the University of 
                Hawaii (or a designee);
                    ``(B) 1 shall be the Governor of the State of 
                Hawaii (or a designee);
                    ``(C) 1 shall be the Superintendent of the State of 
                Hawaii Department of Education (or a designee);
                    ``(D) 1 shall be the chairperson of the Office of 
                Hawaiian Affairs (or a designee);
                    ``(E) 1 shall be the executive director of the 
                Hawaii Charter School Network (or a designee);
                    ``(F) 1 shall be the chief executive officer of the 
                Kamehameha Schools (or a designee);
                    ``(G) 1 shall be the chairperson of the Queen 
                Liliuokalani Trust (or a designee);
                    ``(H) 1 shall be a member, selected by the other 
                members of the Education Council, who represents a 
                private grant making entity (or a designee);
                    ``(I) 1 shall be the mayor of the County of Hawaii 
                (or a designee);
                    ``(J) 1 shall be the Mayor of Maui County (or a 
                designee from the Island of Maui);
                    ``(K) 1 shall be the Mayor of the County of Kauai 
                (or a designee);
                    ``(L) 1 shall be appointed by the Mayor of Maui 
                County from the Island of either Molokai or Lanai;
                    ``(M) 1 shall be the Mayor of the City and County 
                of Honolulu (or a designee);
                    ``(N) 1 shall be the Chairperson of the Hawaiian 
                Homes Commission (or a designee); and
                    ``(O) 1 shall be the Chairperson of the Hawaii 
                Workforce Development Council (or a designee 
                representing the private sector).
            ``(2) Limitation.--A member of the Education Council, 
        including a designee, may not receive, as an individual, grant 
        funds awarded under this subpart while serving on the Education 
        Council.
    ``(c) Chair, Vice Chair.--
            ``(1) Selection.--The Education Council shall select a 
        Chair and Vice Chair from among the members of the Education 
        Council.
            ``(2) Service.--The Chair and Vice Chair selected under 
        paragraph (1) shall each serve for one 2-year term.
    ``(d) Native Hawaiian Education Council Grant.--The Secretary shall 
make a grant to the Education Council to carry out the following 
activities:
            ``(1) Coordinate the educational and related services and 
        programs available to Native Hawaiian students, including the 
        programs assisted under this subpart.
            ``(2) Assess the extent to which such services and programs 
        meet the needs of Native Hawaiians, and collect data on the 
        status of Native Hawaiian education.
            ``(3) Provide direction and guidance, through the issuance 
        of reports and recommendations, to appropriate Federal, State, 
        and local agencies in order to focus and improve the use of 
        resources, including resources made available under this 
        subpart, relating to Native Hawaiian student education, and 
        serve, where appropriate, in an advisory capacity.
            ``(4) Make direct grants and subgrants, if such grants and 
        subgrants would enable the Education Council to carry out the 
        duties of the Education Council, as described in paragraphs (1) 
        through (3).
            ``(5) Hire an executive director who shall, through the 
        Education Council, execute the duties and powers of the 
        Education Council as described in subsection (e).
    ``(e) Duties and Powers of the Education Council.--The Education 
Council shall--
            ``(1) obtain from the Secretary information regarding 
        grants awarded under this subpart;
            ``(2) provide technical assistance to Native Hawaiian 
        organizations that are grantees or potential grantees under 
        this subpart;
            ``(3) assess and define the educational needs of Native 
        Hawaiian students;
            ``(4) assess the programs and services currently available 
        to address the educational needs of Native Hawaiian students;
            ``(5) assess and evaluate the individual and aggregate 
        impact achieved by grantees in improving Native Hawaiian 
        educational performance and meeting the goals of this subpart;
            ``(6) prepare and submit to the Secretary, before the end 
        of each calendar year, annual reports that contain--
                    ``(A) a description of the activities of the 
                Education Council during the preceding calendar year;
                    ``(B) recommendations of the Education Council, if 
                any, regarding priorities established under section 
                7205(b);
                    ``(C) significant barriers to achieving the goals 
                under this part;
                    ``(D) a summary of each community consultation 
                session, as described in subsection (f);
                    ``(E) recommendations to establish funding 
                priorities based on an assessment of--
                            ``(i) the educational needs of Native 
                        Hawaiians;
                            ``(ii) programs and services currently 
                        available to address such needs, including the 
                        effectiveness of such programs in improving 
                        educational performance of Native Hawaiians; 
                        and
                            ``(iii) priorities for funding in specific 
                        geographic communities; and
            ``(7) hold annual community consultations as described in 
        subsection (f).
    ``(f) Community Consultations.--
            ``(1) In general.--The Education Council shall hold not 
        less than 1 community consultation each year on each of the 
        Islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai--
                    ``(A) which not less than 3 members of the 
                Education Council shall attend;
                    ``(B) at which the Education Council shall gather 
                community input regarding--
                            ``(i) entities that are, at the time of the 
                        community consultation, receiving a grant under 
                        this subpart;
                            ``(ii) priorities and needs;
                            ``(iii) other Native Hawaiian educational 
                        issues; and
                    ``(C) at which the Education Council shall report 
                to the community on the outcomes of the grants awarded 
                under this subpart.
            ``(2) Support for community consultations.--The Education 
        Council may, from funds made available under section 
        7205(h)(1), provide such financial support to the community 
        consultations described in paragraph (1) as the Education 
        Council determines to be appropriate.
    ``(g) Administrative Provisions Relating to Education Council.--The 
Education Council shall meet at the call of the Chair of the Council, 
or upon request by a majority of the members of the Education Council, 
but in any event not less often than every 120 days.
    ``(h) Funding.--
            ``(1) In general.--For each fiscal year, the Secretary 
        shall provide to the Education Council (including through 
        grants and contracts) the amount described in section 
        7205(h)(1), to remain available until expended.
            ``(2) No compensation.--Each member of the Education 
        Council, and each member of a community consultation or other 
        working group established by the Education Council, shall serve 
        without compensation.
    ``(i) Report.--Not later than 2 years after the date of enactment 
of the Elementary and Secondary Education Reauthorization Act of 2011, 
the Secretary shall prepare and submit to the Committee on Indian 
Affairs and the authorizing committees a report that--
            ``(1) summarizes the annual reports of the Education 
        Council;
            ``(2) describes the allocation and use of funds under this 
        subpart and the information gathered since the first annual 
        report submitted by the Education Council to the Secretary 
        under this section; and
            ``(3) contains recommendations for changes in Federal, 
        State, and local policy to advance the purposes of this 
        subpart.
    ``(j) Federal Advisory Committee Act Applicability.--The provisions 
of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
the Education Council, except that section 14 of such Act shall not 
apply.
    ``(k) Termination.--The Education Council shall terminate on the 
date that is the expiration of the 10-year period following the date of 
enactment of the Elementary and Secondary Education Reauthorization Act 
of 2011.''.

SEC. 7205. PROGRAM AUTHORIZED.

    Section 7205 (20 U.S.C. 7515) is amended to read as follows:

``SEC. 7205. PROGRAM AUTHORIZED.

    ``(a) Grants and Contracts.--In order to carry out programs that 
meet the purposes of this subpart, the Secretary is authorized to award 
grants to, or enter into contracts with--
            ``(1) Native Hawaiian educational organizations;
            ``(2) Native Hawaiian community-based organizations;
            ``(3) public and private nonprofit organizations, agencies, 
        and institutions with experience in successfully developing or 
        operating Native Hawaiian education and workforce development 
        programs or programs of instruction in the Native Hawaiian 
        language;
            ``(4) charter schools; and
            ``(5) consortia of the organizations, agencies, and 
        institutions described in paragraphs (1) through (4).
    ``(b) Priority.--In providing grants and entering into contracts 
under this subpart, the Secretary shall give priority to--
            ``(1) programs that meet the educational priorities 
        established by the Education Council under section 7204(e)(6);
            ``(2) programs designed to improve the academic achievement 
        of Native Hawaiian students by meeting their unique cultural 
        and language needs in order to help such students meet college 
        and career ready State academic content and student academic 
        achievement standards adopted under section 1111(a)(1), 
        including activities relating to--
                    ``(A) achieving competence in reading, literacy, 
                mathematics, and science for students in preschool 
                through grade 3;
                    ``(B) the educational needs of at-risk children and 
                youth;
                    ``(C) professional development for teachers and 
                administrators;
                    ``(D) the use of Native Hawaiian language and 
                preservation or reclamation of Native Hawaiian culture-
                based educational practices;
                    ``(E) preparation for employment in fields in which 
                Native Hawaiians are underemployed or underrepresented; 
                and
                    ``(F) other programs relating to the activities 
                described in this subpart; and
            ``(3) programs in which a State educational agency, local 
        educational agency, institution of higher education, or a State 
        educational agency or local educational agency in partnership 
        with an institution of higher education apply for a grant or 
        contract under this subpart as part of a partnership or 
        consortium involving--
                    ``(A) a Native Hawaiian community-based 
                organization;
                    ``(B) a Native Hawaiian education organization;
                    ``(C) a Native Hawaiian focused public charter 
                school; or
                    ``(D) a Native Hawaiian organization.
    ``(c) Authorized Activities.--Activities provided through programs 
carried out under this subpart may include--
            ``(1) the development and maintenance of a statewide Native 
        Hawaiian early childhood education and care system to provide a 
        continuum of high-quality services for Native Hawaiian children 
        from the prenatal period through the age of kindergarten entry;
            ``(2) the operation of family-based education centers that 
        provide such services as--
                    ``(A) programs for Native Hawaiian parents and 
                their infants from the prenatal period of infancy 
                through age 3;
                    ``(B) preschool programs for Native Hawaiian 
                children; and
                    ``(C) research on, and development and assessment 
                of, family-based early care and education and preschool 
                programs for Native Hawaiians;
            ``(3) activities that enhance beginning reading and 
        literacy in either the Hawaiian or the English language among 
        Native Hawaiian students in kindergarten through grade 3 and 
        assistance in addressing the distinct features of combined 
        English and Hawaiian literacy for Hawaiian speakers grades 5 
        and 6;
            ``(4) activities to meet the special needs of Native 
        Hawaiian students with disabilities, including--
                    ``(A) the identification of such students and their 
                needs;
                    ``(B) the provision of support services to the 
                families of those students; and
                    ``(C) other activities consistent with the 
                requirements of the Individuals with Disabilities 
                Education Act;
            ``(5) activities that address the special needs of Native 
        Hawaiian students who are gifted and talented, including--
                    ``(A) educational, psychological, social, 
                emotional, and developmental activities designed to 
                assist in the educational progress of such students; 
                and
                    ``(B) activities that involve the parents of such 
                students in a manner designed to assist in the 
                students' educational progress;
            ``(6) the development of academic and vocational curricula 
        to address the needs of Native Hawaiian children, youth, and 
        adults, including curricula materials in the Hawaiian language, 
        mathematics, science, engineering, and technology curricula 
        that incorporate Native Hawaiian tradition and culture;
            ``(7) professional development activities for educators, 
        including--
                    ``(A) the development of programs to prepare 
                prospective teachers to address the unique needs of 
                Native Hawaiian students within the context of Native 
                Hawaiian culture, language, and traditions;
                    ``(B) in-service programs to improve the ability of 
                teachers who teach in schools with concentrations of 
                Native Hawaiian students to meet those students' unique 
                needs; and
                    ``(C) the recruitment and preparation of Native 
                Hawaiian individuals, and other individuals who live in 
                communities with a high concentration of Native 
                Hawaiians, to become teachers or leaders;
            ``(8) the operation of community-based learning centers 
        that address the needs of Native Hawaiian families and 
        communities through the coordination of public and private 
        programs and services, including--
                    ``(A) early care and education programs, including 
                preschool programs;
                    ``(B) before- and after-school programs and 
                Saturday academies;
                    ``(C) career and technical and adult education 
                programs; and
                    ``(D) programs that recognize and support the 
                unique cultural and educational needs of Native 
                Hawaiian children and youth and incorporate 
                appropriately qualified Native Hawaiian elders and 
                seniors;
            ``(9) activities, including program co-location, to enable 
        Native Hawaiian individuals to enter and complete programs of 
        postsecondary education, including--
                    ``(A) the provision of full or partial scholarships 
                for undergraduate or graduate study that are awarded to 
                students based on their academic promise and financial 
                need, with a priority, at the graduate level, given to 
                Native Hawaiian students entering professions in which 
                Native Hawaiians are underrepresented;
                    ``(B) family literacy activities;
                    ``(C) counseling and support services for students 
                receiving scholarship assistance;
                    ``(D) counseling and guidance for Native Hawaiian 
                secondary school students who have the potential to 
                receive scholarships;
                    ``(E) assistance with completing the college 
                admissions and financial aid application process; and
                    ``(F) faculty development activities designed to 
                promote the matriculation of Native Hawaiian students;
            ``(10) activities that recognize and support the unique 
        needs of Native Hawaiian youth regarding the completion of 
        quality workforce preparation and training programs and 
        activities, including apprenticeship programs;
            ``(11) research and data collection activities to determine 
        the educational status and needs of Native Hawaiian children 
        and youth;
            ``(12) other research and evaluation activities related to 
        programs carried out under this subpart; and
            ``(13) other activities, consistent with the purposes of 
        this subpart, to meet the educational needs of Native Hawaiian 
        children and youth.
    ``(d) Additional Activities.--From funds made available to carry 
out this section, the Secretary shall support the following:
            ``(1) The development of a body of Native Hawaiian law.
            ``(2) The repair and renovation of public schools that 
        serve high concentrations of Native Hawaiian students.
            ``(3) Informal education programs that present traditional 
        Hawaiian knowledge, science, astronomy, and the environment 
        through State museums or learning centers.
    ``(e) Special Rule and Conditions.--
            ``(1) Institutions outside hawaii.--The Secretary may not 
        establish a policy under this section that prevents a Native 
        Hawaiian student enrolled at a 2- or 4-year degree granting 
        institution of higher education outside of the State of Hawaii 
        from receiving a scholarship pursuant to subsection (c)(9)(A).
            ``(2) Scholarship conditions.--The Secretary shall 
        establish conditions for receipt of a scholarship awarded under 
        subsection (c)(9)(A). The conditions shall require that an 
        individual seeking such a scholarship enter into a contract to 
        provide professional services, either during the scholarship 
        period or upon completion of a program of postsecondary 
        education, to the Native Hawaiian community.
    ``(f) Treatment of Funds.--
            ``(1) In general.--Except as provided in paragraph (2), 
        funds made available under this subpart shall be used to 
        supplement, and not supplant, any State or local funds used to 
        achieve the purposes of this subpart.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        nonprofit entity or Native Hawaiian community-based 
        organization that receives a grant or other funds under this 
        subpart.
    ``(g) Administrative Costs.--
            ``(1) In general.--Except as provided in paragraph (2), not 
        more than 5 percent of funds provided to a recipient of a grant 
        or contract under subsection (a) for any fiscal year may be 
        used for administrative purposes.
            ``(2) Exception.--Not more than 10 percent of funds 
        provided under subsection (a) for any fiscal year to a 
        nonprofit entity serving the Native Hawaiian community may be 
        used for administrative purposes.
    ``(h) Reservation; Availability of Funds.--
            ``(1) Reservation.--From the funds made available to carry 
        out this subpart, the Secretary shall reserve, for each of 
        fiscal years 2012 through 2017 not less than $500,000 for the 
        Education Council.
            ``(2) Availability.--Funds made available to carry out this 
        subpart and funds reserved under this subsection shall remain 
        available until expended.''.

SEC. 7206. ADMINISTRATIVE PROVISIONS.

    Section 7206 (20 U.S.C. 7516) is amended to read as follows:

``SEC. 7206. ADMINISTRATIVE PROVISIONS.

    ``(a) Application Required.--
            ``(1) In general.--No grant may be made under this subpart, 
        and no contract may be entered into under this subpart, unless 
        the entity seeking the grant or contract submits an application 
        to the Secretary at such time, in such manner, and containing 
        such information as the Secretary may determine to be necessary 
        to carry out the provisions of this subpart.
            ``(2) Academic projects.--Applications submitted under this 
        subpart to carry out projects and activities that are academic 
        in nature shall describe--
                    ``(A) the criteria that will be used to ensure that 
                such projects and activities use evidence-based 
                strategies and methods; and
                    ``(B) the process through which the applicant will 
                monitor and report such activities, including the 
                achievement of identified objectives.
    ``(b) Applications to Education Council.--The Secretary shall 
provide to the Education Council a copy of each grant or contract 
application submitted under this subpart.
    ``(c) Annual Report.--
            ``(1) In general.--Each entity that receives a grant under 
        this subpart shall submit to the Secretary an annual report, in 
        such form and containing such information as the Secretary may 
        require that determines the extent to which activities carried 
        out with funds provided under this subpart are effective in 
        improving the educational achievement of Native Hawaiian 
        students served by such funds.
            ``(2) Content.--As a part of the information reported under 
        paragraph (1), each entity that receives a grant under this 
        subpart shall provide data, using information from the most 
        recent year for which data are available, on--
                    ``(A) the academic achievement of the Native 
                Hawaiian students the entity serves, as measured by the 
                State assessments required under section 1111(a) and 
                the high school graduation and college attendance rates 
                of those students; and
                    ``(B) such other measures as the Secretary may 
                prescribe.''.

SEC. 7207. DEFINITIONS.

    Section 7207 (20 U.S.C. 7517) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``part'' and inserting ``subpart'';
            (2) by redesignating paragraphs (1) through (6) as 
        paragraphs (2) through (7), respectively; and
            (3) by inserting before paragraph (2), as redesignated by 
        paragraph (1), the following:
            ``(1) Community consultation.--The term `community 
        consultation' means a public gathering--
                    ``(A) to discuss Native Hawaiian education 
                concerns; and
                    ``(B) about which the public has been given not 
                less than 30 days notice.''.

                   Subpart 2--Alaska Native Education

SEC. 7301. ALASKA NATIVE EDUCATION.

    Title VII (20 U.S.C. 7401 et seq.) is amended by striking sections 
7301 through 7306 and inserting the following:

``SEC. 7301. SHORT TITLE.

    ``This subpart may be cited as the `Alaska Native Educational 
Equity, Support, and Assistance Act'.

``SEC. 7302. FINDINGS.

    ``Congress finds the following:
            ``(1) The attainment of educational success is critical to 
        the betterment of the conditions, long-term well-being, and 
        preservation of the culture and languages of Alaska Natives.
            ``(2) It is the policy of the Federal Government to 
        encourage the maximum participation by Alaska Natives in the 
        planning and the management of Alaska Native education programs 
        and to support efforts developed by and undertaken within the 
        Alaska Native community to improve educational opportunity for 
        all students.
            ``(3) Alaska Native children enter and exit school with 
        serious educational handicaps.
            ``(4) The educational achievement of Alaska Native children 
        is far below national norms. Native performance on standardized 
        tests is low, Native student dropout rates are high, Natives 
        are significantly underrepresented among holders of 
        baccalaureate degrees in the State of Alaska, and Alaska 
        Natives are more likely than other Alaskans to be without 
        access to employment. As a result, Native students are being 
        denied their opportunity to become full participants in society 
        and an entire generation is being condemned to an underclass 
        status and a life of limited choices.
            ``(5) The programs and activities authorized in this 
        subpart are essential if educational handicaps are to be 
        overcome.
            ``(6) The sheer magnitude of the geographic and other 
        barriers to be overcome in delivering educational services in 
        rural Alaska and Alaska villages should be addressed through 
        the development and implementation of innovative, model 
        programs in a variety of areas.
            ``(7) Alaska Native children should be afforded the 
        opportunity to begin their formal education on a par with their 
        non-Native peers. The Federal Government should lend support to 
        efforts developed by and undertaken within the Alaska Native 
        community to improve educational opportunity for all students.
            ``(8) In 1983, pursuant to Public Law 98-63, Alaska ceased 
        to receive educational funding from the Bureau of Indian 
        Affairs.

``SEC. 7303. PURPOSES.

    ``The purposes of this subpart are as follows:
            ``(1) To address the critical need to meet the unique 
        educational needs of Alaska Natives.
            ``(2) To authorize the development and expansion of 
        effective supplemental educational programs to benefit Alaska 
        Natives.
            ``(3) To supplement existing programs and authorities in 
        the area of education to further the purposes of this subpart.
            ``(4) To provide direction and guidance to appropriate 
        Federal, State, and local agencies to focus resources, 
        including resources made available under this subpart, on 
        meeting the educational needs of Alaska Natives.
            ``(5) To ensure the maximum participation by Alaska Natives 
        in the planning and management of programs designed to serve 
        Alaska Natives.

``SEC. 7304. PROGRAM AUTHORIZED.

    ``(a) General Authority.--
            ``(1) Grants and contracts.--The Secretary is authorized to 
        make grants to, or enter into contracts with, the following 
        entities in order to enable such entities to carry out programs 
        that meet the purposes of this subpart:
                    ``(A) Alaska Native organizations.
                    ``(B) Educational entities with experience in 
                developing or operating Alaska Native programs or 
                programs of instruction conducted in Alaska Native 
                languages.
                    ``(C) Cultural and community-based organizations 
                with experience in developing or operating programs to 
                benefit the educational needs of Alaska Natives.
                    ``(D) Consortia of organizations and entities 
                described in this paragraph.
            ``(2) Permissible activities.--Activities provided through 
        programs carried out under this subpart may include the 
        following:
                    ``(A) The development and implementation of plans, 
                methods, and strategies to improve the education of 
                Alaska Natives.
                    ``(B) The development of curricula and programs 
                that address the educational needs of Alaska Native 
                students, including the following:
                            ``(i) Curricula materials that reflect the 
                        cultural diversity, languages, history, or the 
                        contributions of Alaska Natives.
                            ``(ii) Instructional programs that make use 
                        of Alaska Native languages and cultures.
                            ``(iii) Networks that develop, test, and 
                        disseminate best practices and introduce 
                        successful programs, materials, and techniques 
                        to meet the educational needs of Alaska Native 
                        students in urban and rural schools.
                    ``(C) Training and professional development 
                activities for educators, including the following:
                            ``(i) Pre-service and in-service training 
                        and professional development programs to 
                        prepare teachers to develop appreciation for 
                        and understanding of Alaska Native cultures, 
                        values, and ways of knowing and learning in 
                        order to effectively address the cultural 
                        diversity and unique needs of Alaska Native 
                        students.
                            ``(ii) The recruitment and preparation of 
                        teachers who are Alaska Native.
                            ``(iii) Programs that will lead to the 
                        certification and licensing of Alaska Native 
                        teachers, principals, and superintendents.
                    ``(D) The development and operation of home 
                instruction programs for Alaska Native preschool 
                children, to ensure the active involvement of parents 
                in their children's education from the earliest ages.
                    ``(E) Family literacy activities.
                    ``(F) The development and operation of student 
                enrichment programs, including such programs in 
                science, technology, engineering, and mathematics 
                that--
                            ``(i) are designed to prepare Alaska Native 
                        students to excel in such subjects;
                            ``(ii) provide appropriate support services 
                        to the families of such students that are 
                        needed to enable such students to benefit from 
                        the programs; and
                            ``(iii) include activities that recognize 
                        and support the unique cultural and educational 
                        needs of Alaska Native children, and 
                        incorporate appropriately qualified Alaska 
                        Native elders and other tradition bearers.
                    ``(G) Research and data collection activities to 
                determine the educational status and needs of Alaska 
                Native children and adults.
                    ``(H) Other research and evaluation activities 
                related to programs carried out under this subpart.
                    ``(I) Remedial and enrichment programs to assist 
                Alaska Native students to be college or career ready 
                upon graduation from high school.
                    ``(J) Parenting education for parents and 
                caregivers of Alaska Native children to improve 
                parenting and caregiving skills (including skills 
                relating to discipline and cognitive development), 
                including parenting education provided through in-home 
                visitation of new mothers.
                    ``(K) Culturally based education programs designed 
                and provided by an entity with demonstrated experience 
                in--
                            ``(i) providing programs of study, both on 
                        site and in local schools, to share the rich 
                        and diverse cultures of Alaska Native peoples 
                        among youth, elders, teachers, and the larger 
                        community;
                            ``(ii) instructing Alaska Native youth in 
                        leadership, communication, Native culture, 
                        arts, and languages;
                            ``(iii) increasing the high school 
                        graduation rate of the Alaska Native students 
                        who are served;
                            ``(iv) providing instruction in Alaska 
                        Native history and ways of living to students 
                        and teachers in the local school district;
                            ``(v) providing intergenerational learning 
                        and internship opportunities to Alaska Native 
                        youth and young adults; and
                            ``(vi) providing cultural immersion 
                        activities aimed at Alaska Native cultural 
                        preservation.
                    ``(L) A statewide on-site exchange program, for 
                both students and teachers, involving schools and 
                culture camps that demonstrates effectiveness in 
                facilitating cultural relationships between urban and 
                rural Alaskans to build mutual respect and 
                understanding, and foster a statewide sense of common 
                identity through host family, school, and community 
                cross-cultural immersion. Such a program should be 
                competitively awarded.
                    ``(M) Activities carried out through Head Start 
                programs carried out under the Head Start Act, 
                including the training of teachers for such programs.
                    ``(N) Other early learning and preschool programs.
                    ``(O) Education programs for at-risk urban Alaska 
                Native students in kindergarten through grade 12 that 
                are operated by tribes or tribal organizations that 
                have demonstrated experience in increasing graduation 
                rates among such students and that--
                            ``(i) include a culturally informed 
                        curriculum intended to preserve and promote 
                        Alaska Native culture;
                            ``(ii) partner effectively with the local 
                        school district by providing a school-within-a 
                        school program model;
                            ``(iii) provide high-quality academic 
                        instruction, small classroom sizes, and social-
                        emotional support for students from elementary 
                        school through high school;
                            ``(iv) work with parents to increase 
                        parental involvement in their students' 
                        education;
                            ``(v) have a proven track record of 
                        improving academic proficiency and increasing 
                        graduation rates;
                            ``(vi) provide college preparation and 
                        career planning; and
                            ``(vii) incorporate a strong data 
                        collection and continuous evaluation component 
                        at all levels of the program.
                    ``(P) A statewide program that has demonstrated 
                effectiveness in providing technical assistance and 
                support to schools and communities in order to engage 
                adults in promoting the academic progress and overall 
                well-being of young people through strengths-based 
                approaches to child and youth development, positive 
                youth-adult relationships, improved conditions for 
                learning (such as school climate and student connection 
                to school and community), and increased connections 
                between schools and families.
                    ``(Q) Career preparation activities to enable 
                Alaska Native children and adults to prepare for 
                meaningful employment, including programs providing 
                career and technical preparation, mentoring, training, 
                and apprenticeship activities.
                    ``(R) The provision of operational support and the 
                purchase of equipment to develop regional vocational 
                schools in rural areas of Alaska, including boarding 
                schools, for Alaska Native students in grades 9 through 
                12, or at higher levels of education, to provide the 
                students with necessary resources to prepare for 
                skilled employment opportunities.
                    ``(S) Other activities, consistent with the 
                purposes of this subpart, to meet the educational needs 
                of Alaska Native children and adults.
                    ``(T) Regional leadership academies that 
                demonstrate effectiveness in building respect and 
                understanding and fostering a sense of Alaska Native 
                identity to promote Alaska Native students pursuit of, 
                and success in, completing higher education or career 
                training.
            ``(3) Home instruction programs.--Home instruction programs 
        for Alaska Native preschool children carried out under 
        paragraph (2)(D) may include the following:
                    ``(A) Programs for parents and their infants, from 
                the prenatal period of the infant through age 3.
                    ``(B) Preschool programs.
                    ``(C) Training, education, and support for parents 
                in such areas as reading readiness, observation, story 
                telling, and critical thinking.
    ``(b) Limitation on Administrative Costs.--Not more than 5 percent 
of funds provided to a grantee under this section for any fiscal year 
may be used for administrative purposes.
    ``(c) Priorities.--In awarding grants or contracts to carry out 
activities described in this subpart, the Secretary shall give priority 
to applications from Alaska Native regional nonprofit organizations, 
Alaska Native organizations, or consortia that include not less than 1 
Alaska Native regional nonprofit organization.

``SEC. 7305. ADMINISTRATIVE PROVISIONS.

    ``(a) Application Required.--No grant may be made under this 
subpart, and no contract may be entered into under this subpart, unless 
the entity seeking the grant or contract submits an application to the 
Secretary in such form, in such manner, and containing such information 
as the Secretary may determine necessary to carry out the provisions of 
this subpart.
    ``(b) Applications.--A State educational agency or local 
educational agency may apply for an award under this subpart only as 
part of a consortium involving an Alaska Native organization. The 
consortium may include other eligible applicants.
    ``(c) Consultation Required.--Each applicant for an award under 
this subpart shall provide for ongoing advice from and consultation 
with representatives of the Alaska Native community.
    ``(d) Local Educational Agency Coordination.--Each entity that 
applies for an award under this subpart shall inform each local 
educational agency that serves students who would participate in the 
program that such entity plans to carry out under the grant or contract 
about the application described in subsection (a).

``SEC. 7306. DEFINITIONS.

    ``In this subpart:
            ``(1) Alaska native.--The term `Alaska Native' has the same 
        meaning as the term Native has in section 3(b) of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1602(b)).
            ``(2) Alaska native organization.--The term `Alaska Native 
        organization' means--
                    ``(A) a federally recognized tribe
                    ``(B) a consortium of tribes;
                    ``(C) a regional nonprofit Native association; or
                    ``(D) another organization that--
                            ``(i) has or commits to acquire expertise 
                        in the education of Alaska Natives; and
                            ``(ii) has Alaska Natives in substantive 
                        and policymaking positions within the 
                        organization.''.

                         TITLE VIII--IMPACT AID

SEC. 8001. PURPOSE.

    Section 8001 (20 U.S.C. 7701) is amended, in the matter preceding 
paragraph (1), by striking ``challenging State standards'' and 
inserting ``college and career ready State academic content and student 
academic achievement standards under section 1111(a)(1)''.

SEC. 8002. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.

    (a) Amendments.--Section 8002 (20 U.S.C. 7702) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(B), by striking ``8014(a)'' 
                and inserting ``3(aa)(1)'';
                    (B) in paragraph (2), by striking ``aggregate 
                assessed'' and inserting ``estimated taxable''; and
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) Determination of taxable value for eligible federal 
        property.--
                    ``(A) In general.--In determining the total taxable 
                value of such acquired Federal property for fiscal year 
                2011 and each succeeding fiscal year, the Secretary 
                shall--
                            ``(i) first determine the total taxable 
                        value for the purpose of levying property tax 
                        for school purposes for current expenditures of 
                        real property located within the boundaries of 
                        such local educational agency;
                            ``(ii) then determine the per acre value of 
                        the eligible Federal property by dividing the 
                        total taxable value as determined in clause (i) 
                        by the difference between the total acres 
                        located within the boundaries of the local 
                        educational agency and the number of Federal 
                        acres eligible under this section; and
                            ``(iii) multiply the per acre value as 
                        calculated under clause (ii) by the number of 
                        Federal acres eligible under this section.
                    ``(B) Special rule.--When 2 or more local 
                educational agencies share Federal property eligible 
                under this section, a local educational agency may ask 
                the Secretary to calculate the per acre value of each 
                local educational agency as provided under subparagraph 
                (A) and apply the average of these per acre values to 
                the acres of the Federal property in that agency.'';
            (2) in subsection (f)--
                    (A) by aligning the margins of paragraphs (2) and 
                (3) with the margins of paragraph (1); and
                    (B) by striking paragraphs (4) and (5);
            (3) by striking subsection (g) and inserting the following:
    ``(g) Former Districts.--
            ``(1) Consolidations.--For fiscal year 2006 and all 
        succeeding fiscal years, if a local educational agency 
        described in paragraph (2) is formed at any time after 1938 by 
        the consolidation of 2 or more former school districts, the 
        local educational agency may elect to have the Secretary 
        determine its eligibility and any amount for which the local 
        educational agency is eligible under this section for any 
        fiscal year on the basis of 1 or more of those former 
        districts, as designated by the local educational agency.
            ``(2) Eligible local educational agencies.--A local 
        educational agency referred to in paragraph (1) is--
                    ``(A) any local educational agency that, for fiscal 
                year 1994 or any preceding fiscal year, applied, and 
                was determined to be eligible under section 2(c) of the 
                Act of September 30, 1950 (Public Law 874, 81st 
                Congress) as the section was in effect for that fiscal 
                year; or
                    ``(B) a local educational agency formed by the 
                consolidation of 2 or more districts, at least 1 of 
                which was eligible for assistance under this section 
                for the fiscal year proceeding the year of 
                consolidation, if--
                            ``(i) for fiscal years 2006 through 2011, 
                        the local educational agency had notified the 
                        Secretary of the designation not later than 30 
                        days after the date of enactment of the 
                        Elementary and Secondary Education 
                        Reauthorization Act of 2011; and
                            ``(ii) for fiscal year 2012, and any 
                        subsequent fiscal year, the local educational 
                        agency includes the designation in its 
                        application under section 8005 or any timely 
                        amendment to such application.
            ``(3) Availability of funds.--Notwithstanding any other 
        provision of law limiting the period during which the Secretary 
        may obligate funds appropriated for any fiscal year after 2005, 
        the Secretary may obligate funds remaining after final payments 
        have been made from any of such fiscal years to carry out this 
        subsection.'';
            (4) in subsection (h)--
                    (A) by striking ``8014(a)'' each place the term 
                appears and inserting ``3(aa)(1)'';
                    (B) in paragraph (1)--
                            (i) in the paragraph heading, by striking 
                        ``for pre-1995 recipients'';
                            (ii) in subparagraph (A), by striking ``is 
                        eligible'' and all that follows through the 
                        period at the end and inserting ``was eligible 
                        to receive a payment under this section for 
                        fiscal year 2007.''; and
                            (iii) in subparagraph (B), by striking ``38 
                        percent'' and all that follows through the 
                        period at the end and inserting ``90 percent of 
                        the payment the local educational agency 
                        received in 2006.''; and
                    (C) by striking paragraphs (2) through (4) and 
                inserting the following:
            ``(2) Foundation payments for local educational agencies 
        determined eligible after fiscal year 2007.--
                    ``(A) First year.--From any amounts remaining after 
                making payments under paragraph (1) for the fiscal year 
                involved, the Secretary shall make a payment, in an 
                amount determined in accordance with subparagraph (C), 
                to each local educational agency that the Secretary 
                determines eligible for a payment under this section 
                for a fiscal year after fiscal year 2007, for the 
                fiscal year for which such agency was determined 
                eligible for such payment.
                    ``(B) Second and succeeding years.--For any 
                succeeding fiscal year after the first fiscal year that 
                a local educational agency receives a foundation 
                payment under subparagraph (A), the amount of the local 
                educational agency's foundation payment under this 
                paragraph for such succeeding fiscal year shall be 
                equal to the local educational agency's foundation 
                payment under this paragraph for the first fiscal year.
                    ``(C) Amounts.--The amount of a payment under 
                subparagraph (A) for a local educational agency shall 
                be determined as follows:
                            ``(i) Calculate the local educational 
                        agency's maximum payment under subsection (b).
                            ``(ii) Calculate the percentage that the 
                        amount appropriated under section 3(aa)(1) for 
                        the most recent fiscal year for which the 
                        Secretary has completed making payments under 
                        this section is of the total maximum payments 
                        for such fiscal year for all local educational 
                        agencies eligible for a payment under 
                        subsection (b) and multiply the agency's 
                        maximum payment by such percentage.
                            ``(iii) Multiply the amount determined 
                        under clause (ii) by 90 percent.
            ``(3) Remaining funds.--From any funds remaining after 
        making payments under paragraphs (1) and (2) for the fiscal 
        year involved, the Secretary shall make a payment to each local 
        educational agency that received a foundation payment under 
        paragraph (1) or (2), or subsection (i)(1), for the fiscal year 
        involved in an amount that bears the same relation to the 
        remainder as a percentage share determined for the local 
        educational agency (by dividing the maximum amount that the 
        agency is eligible to receive under subsection (b) by the total 
        of the maximum amounts for all such agencies) bears to the 
        percentage share determined (in the same manner) for all local 
        educational agencies eligible to receive a payment under this 
        section for the fiscal year involved, except that, for the 
        purpose of calculating a local educational agency's maximum 
        amount under subsection (b), data from the most current fiscal 
        year shall be used.'';
            (5) by striking paragraph (1) of subsection (i) and 
        inserting the following:
            ``(1) In general.--The calculation of the foundation 
        payment under subsection (h)(1)(B) for a local educational 
        agency described in paragraph (2) of this subsection shall be 
        equal to 90 percent of the payment received in fiscal year 
        2005, for fiscal year 2011 and each succeeding fiscal year.'';
            (6) by striking subsections (k) and (m);
            (7) by redesignating subsections (l) and (n) as subsections 
        (j) and (k), respectively;
            (8) in subsection (j) (as redesignated by paragraph (7)), 
        in the matter preceding paragraph (1), by striking 
        ``(h)(4)(B)'' and inserting ``(h)(3)''; and
            (9) by adding at the end the following:
    ``(l) Records.--The Secretary may base a determination of 
eligibility under subsection (a)(1) on original records (including 
facsimiles or other reproductions of those records) documenting the 
assessed value of real property, prepared by a legally authorized 
official as of the time of the Federal acquisition, or other records 
that the Secretary determines to be appropriate and reliable, including 
Federal agency records or local historical records.''.
    (b) Effective Date.--Notwithstanding section 5(d), this section, 
and the amendments made by this section, shall take effect with respect 
to applications submitted under section 8002 of the Elementary and 
Secondary Education Act of 1965 for fiscal year 2011.

SEC. 8003. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

    Section 8003 (20 U.S.C. 7703) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by inserting after ``of such agency'' 
                the following: ``(including those children enrolled in 
                a State that has a State open enrollment policy but not 
                including children enrolled in a distance learning 
                program who are not residing within the geographic 
                boundaries of the agency)'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (A), by inserting ``, 
                        or was authorized for demolition,'' after 
                        ``rebuilding'' each place the term appears; and
                            (ii) in subparagraph (B)--
                                    (I) in each of clauses (i)(I) and 
                                (ii) (I) of subparagraph (B), by 
                                striking `` 3 fiscal years'' and 
                                inserting ``4 fiscal years (which are 
                                not required to run consecutively)'';
                                    (II) in clause (i)--
                                            (aa) in subclause (I), by 
                                        inserting ``, or authorized for 
                                        demolition,'' after 
                                        ``rebuilding''; and
                                            (bb) in subclause (II), by 
                                        inserting ``, or authorized for 
                                        demolition,'' before ``in 
                                        accordance''; and
                                    (III) in clause (ii)--
                                            (aa) in subclause (I), by 
                                        inserting ``, or authorized for 
                                        demolition,'' after 
                                        ``rebuilding''; and
                                            (bb) in subclause (II), by 
                                        inserting ``, or authorized for 
                                        demolition,'' before ``in 
                                        accordance''; and
                    (C) in paragraph (5)(A), by inserting after 
                ``1984,'' the following: ``or under lease of off-base 
                property under subchapter IV of chapter 169 of title 
                10, United States Code (10 U.S.C. 2871 et seq.),'';
            (2) in subsection (b)--
                    (A) in each of paragraphs (1)(A) and (2)(A)(i), by 
                striking ``8014(b)'' and inserting ``3(aa)(2)'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (B)--
                                    (I) in the subparagraph heading, by 
                                striking ``continuing'';
                                    (II) by striking clauses (i) and 
                                (ii) and inserting the following:
                            ``(i) In general.--A heavily impacted local 
                        educational agency is eligible to receive a 
                        basic support payment under subparagraph (A) 
                        with respect to a number of children determined 
                        under subsection (a)(1) if the agency--
                                    ``(I) is a local educational agency 
                                whose boundaries are the same as a 
                                Federal military installation, or whose 
                                boundaries are the same as island 
                                property designated by the Secretary of 
                                the Interior to be property that is 
                                held in trust by the Federal 
                                Government, and that has no taxing 
                                authority;
                                    ``(II) is a local educational 
                                agency that--
                                            ``(aa) has an enrollment of 
                                        children described in 
                                        subsection (a)(1) that 
                                        constitutes a percentage of the 
                                        total student enrollment of the 
                                        agency that is not less than 45 
                                        percent;
                                            ``(bb) has a per-pupil 
                                        expenditure that is less than--

                                                    ``(AA) for an 
                                                agency that has a total 
                                                student enrollment of 
                                                500 or more students, 
                                                125 percent of the 
                                                average per-pupil 
                                                expenditure of the 
                                                State in which the 
                                                agency is located; or

                                                    ``(BB) for an 
                                                agency that has a total 
                                                student enrollment of 
                                                less than 500 students, 
                                                150 percent of the 
                                                average per-pupil 
                                                expenditure of the 
                                                State in which the 
                                                agency is located, or 
                                                the average per-pupil 
                                                expenditure of 3 or 
                                                more comparable local 
                                                educational agencies in 
                                                the State in which the 
                                                agency is located;

                                            ``(cc) is an agency that--

                                                    ``(AA) has a tax 
                                                rate for general fund 
                                                purposes that is not 
                                                less than 95 percent of 
                                                the average tax rate 
                                                for general fund 
                                                purposes of comparable 
                                                local educational 
                                                agencies in the State; 
                                                or

                                                    ``(BB) was eligible 
                                                to receive a payment 
                                                under this subsection 
                                                for fiscal year 2012 
                                                and is located in a 
                                                State that by State law 
                                                has eliminated ad 
                                                valorem tax as a 
                                                revenue source for 
                                                local educational 
                                                agencies; or

                                            ``(dd) has an enrollment of 
                                        children described in 
                                        subsection (a)(1) that 
                                        constitutes a percentage of the 
                                        total student enrollment of the 
                                        agency which is not less than 
                                        30 percent, and has a tax rate 
                                        for general fund purposes which 
                                        is not less than 125 percent of 
                                        the average tax rate for 
                                        general fund purposes for 
                                        comparable local educational 
                                        agencies in the State; or
                                    ``(III) is a local educational 
                                agency that has a total student 
                                enrollment of not less than 25,000 
                                students, of which not less than 50 
                                percent are children described in 
                                subsection (a)(1) and not less than 
                                5,500 of such children are children 
                                described in subparagraphs (A) and (B) 
                                of subsection (a)(1).
                            ``(ii) Loss of eligibility.--
                                    ``(I) In general.--Subject to 
                                subclause (II), a heavily impacted 
                                local educational agency that met the 
                                requirements of clause (i) for a fiscal 
                                year shall be ineligible to receive a 
                                basic support payment under 
                                subparagraph (A) if the agency fails to 
                                meet the requirements of such clause 
                                for the subsequent fiscal year, except 
                                that such agency shall continue to 
                                receive a basic support payment under 
                                this paragraph for the fiscal year for 
                                which the ineligibility determination 
                                is made.
                                    ``(II) Exception.--A local 
                                educational agency that is eligible 
                                under subparagraph (A) but whose tax 
                                rate for general fund purposes falls 
                                below 95 percent of the average tax 
                                rate for general fund purposes of local 
                                educational agencies in the State for 
                                two consecutive years shall lose its 
                                eligibility and be subject to subclause 
                                (I).''; and
                                    (III) by adding at the end the 
                                following:
                            ``(iv) Special rule.--Notwithstanding 
                        clause (i)(II), a local educational agency 
                        shall be considered eligible to receive a basic 
                        support payment under subparagraph (A) with 
                        respect to the number of children determined 
                        under subsection (a)(1) if the agency--
                                    ``(I) has an enrollment of children 
                                described in subsection (a)(1), 
                                including, for purposes of determining 
                                eligibility, those children described 
                                in subparagraphs (F) and (G) of such 
                                subsection, that constitutes a 
                                percentage of the total student 
                                enrollment of the agency that is not 
                                less than 35 percent; and
                                    ``(II) was eligible to receive 
                                assistance under this paragraph for 
                                fiscal year 2001.
                            ``(v) Application.--With respect to the 
                        first fiscal year for which a heavily impacted 
                        local educational agency described in clause 
                        (i) applies for a basic support payment under 
                        subparagraph (A), or with respect to the first 
                        fiscal year for which a heavily impacted local 
                        educational agency applies for a basic support 
                        payment under subparagraph (A) after becoming 
                        ineligible under clause (i) for 1 or more 
                        preceding fiscal years, the agency shall apply 
                        for such payment at least 1 year prior to the 
                        start of that first fiscal year.'';
                            (ii) by striking subparagraphs (C) and (D) 
                        and inserting the following:
                    ``(C) Maximum amount for heavily impacted local 
                educational agencies.--
                            ``(i) In general.--Except as provided for 
                        in subparagraph (D), the maximum amount that a 
                        heavily impacted local educational agency is 
                        eligible to receive under this paragraph for 
                        any fiscal year is the sum of the total 
                        weighted student units, as computed under 
                        subsection (a)(2) and subject to clause (ii), 
                        multiplied by the greater of--
                                    ``(I) four-fifths of the average 
                                per-pupil expenditure of the State in 
                                which the local educational agency is 
                                located for the third fiscal year 
                                preceding the fiscal year for which the 
                                determination is made; or
                                    ``(II) four-fifths of the average 
                                per-pupil expenditure of all of the 
                                States for the third fiscal year 
                                preceding the fiscal year for which the 
                                determination is made.
                            ``(ii) Special rules.--
                                    ``(I) Calculations for local 
                                educational agencies with large numbers 
                                of certain eligible children.--
                                            ``(aa) In general.--In the 
                                        case of a local educational 
                                        agency with respect to which 35 
                                        percent or more of the total 
                                        student enrollment of the 
                                        schools of the agency are 
                                        children described in 
                                        subparagraph (D) or (E) of 
                                        subsection (a)(1), and that has 
                                        an enrollment of children 
                                        described in subparagraph (A), 
                                        (B), or (C) of such subsection 
                                        equal to at least 10 percent of 
                                        the agency's total enrollment, 
                                        the Secretary shall calculate 
                                        the weighted student units of 
                                        the children described in 
                                        subparagraph (D) or (E) of such 
                                        subsection by multiplying the 
                                        number of such children by a 
                                        factor of 0.55.
                                            ``(bb) Exception.--
                                        Notwithstanding subclause (I), 
                                        any local educational agency 
                                        that received a payment under 
                                        this clause for fiscal year 
                                        2006, shall not be required to 
                                        have an enrollment of children 
                                        described in subparagraph (A), 
                                        (B), or (C) of subsection 
                                        (a)(1) equal to at least 10 
                                        percent of the agency's total 
                                        enrollment for purposes of 
                                        subclause (I).
                                    ``(II) Calculations for local 
                                educational agencies with small numbers 
                                of eligible children.--For a local 
                                educational agency that has an 
                                enrollment of 100 or fewer children 
                                described in subsection (a)(1), the 
                                Secretary shall calculate the total 
                                number of weighted student units for 
                                purposes of subsection (a)(2) by 
                                multiplying the number of such children 
                                by a factor of 1.75.
                                    ``(III) Calculations for certain 
                                other local educational agencies.--For 
                                a local educational agency that does 
                                not qualify under paragraph 
                                (2)(B)(i)(I) and has an enrollment of 
                                more than 100 but not more than 1,000 
                                children described in subsection 
                                (a)(1), the Secretary shall calculate 
                                the total number of weighted student 
                                units for purposes of subsection (a)(2) 
                                by multiplying the number of such 
                                children by a factor of 1.25.
                    ``(D) Maximum amount for large heavily impacted 
                local educational agencies.--
                            ``(i) Applicable formula.--
                                    ``(I) In general.--Subject to 
                                clause (ii), the maximum amount that a 
                                heavily impacted local educational 
                                agency described in subclause (II) is 
                                eligible to receive under this 
                                paragraph for any fiscal year shall be 
                                determined in accordance with the 
                                formula described in paragraph (1)(C).
                                    ``(II) Heavily impacted local 
                                educational agencies.--A heavily 
                                impacted local educational agency 
                                described in this subclause is a local 
                                educational agency that has a total 
                                student enrollment of not less than 
                                25,000 students, of which not less than 
                                50 percent are children described in 
                                subsection (a)(1) and not less than 
                                5,500 of such children are children 
                                described in subparagraphs (A) and (B) 
                                of subsection (a)(1).
                            ``(ii) Factor.--For purposes of calculating 
                        the maximum amount described in clause (i), the 
                        factor used in determining the weighted student 
                        units under subsection (a)(2) with respect to 
                        children described in subparagraphs (A) and (B) 
                        of subsection (a)(1) shall be 1.35.'';
                            (iii) by striking subparagraph (E);
                            (iv) by redesignating subparagraphs (F) 
                        through (H) as subparagraph (E) through (G), 
                        respectively;
                            (v) in subparagraph (E) (as redesignated by 
                        clause (iv))--
                                    (I) by striking clause (ii);
                                    (II) by striking ``; and'' at the 
                                end of clause (i) and inserting a 
                                period; and
                                    (III) by striking ``the Secretary'' 
                                and all that follows through ``shall 
                                use'' and inserting ``the Secretary 
                                shall use'';
                            (vi) in subparagraph (F) (as redesignated 
                        by clause (iv)), in the matter preceding clause 
                        (i), by striking ``(C)(i)(II)(bb)'' and 
                        inserting ``(B)(i)(II)(bb)'';
                            (vii) in subparagraph (G) (as redesignated 
                        by clause (iv))--
                                    (I) in clause (i)--
                                            (aa) by striking ``(B), 
                                        (C), (D), or (E)'', and 
                                        inserting ``(B), (C), or 
                                        (D),'';
                                            (bb) by striking ``by 
                                        reason of'' and inserting ``due 
                                        to'';
                                            (cc) by inserting after 
                                        ``clause (iii)'' the following: 
                                        ``or as the direct result of 
                                        base realignment and closure or 
                                        modularization as determined by 
                                        the Secretary of Defense, force 
                                        structure change, or force 
                                        relocation,''; and
                                            (dd) by inserting before 
                                        the period at the end the 
                                        following: ``or during such 
                                        time as activities associated 
                                        with base realignment and 
                                        closure, modularization, force 
                                        structure change, or force 
                                        relocation are ongoing''; and
                                    (II) in clause (ii), by striking 
                                ``(D) or (E)'' in both places such term 
                                appears and inserting ``(C) or (D)''; 
                                and
                            (viii) by adding at the end the following:
                    ``(H) Special rule.--The Secretary shall--
                            ``(i) deem each local educational agency 
                        that received a fiscal year 2009 basic support 
                        payment for heavily impacted local educational 
                        agencies under this paragraph as eligible to 
                        receive a basic support payment for heavily 
                        impacted local educational agencies under this 
                        paragraph for each of fiscal years 2010, 2011, 
                        and 2012; and
                            ``(ii) make a payment to such local 
                        educational agency under such section for each 
                        of fiscal years 2010, 2011, and 2012.
                    ``(I) Continued eligibility for a heavily impacted 
                local educational agency entering into an 
                intergovernmental cooperative agreement with a state 
                educational agency.--For any fiscal year, a heavily 
                impacted local educational agency that received a basic 
                support payment under this paragraph for the fiscal 
                year prior to the fiscal year for which such local 
                educational agency entered into an intergovernmental 
                cooperative agreement with a State educational agency 
                shall remain eligible to receive a basic support 
                payment under this paragraph for the duration of the 
                intergovernmental cooperative agreement, but in no case 
                for more than 5 years.''; and
                    (C) in paragraph (3)--
                            (i) in subparagraph (A), by striking 
                        ``8014(b)'' and inserting ``3(aa)(2)'';
                            (ii) in subparagraph (B)--
                                    (I) by redesignating clause (iv) as 
                                clause (v); and
                                    (II) by inserting after clause 
                                (iii) the following:
                            ``(iv) In the case of a local educational 
                        agency that is providing a program of distance 
                        learning to children not residing within the 
                        geographic boundaries of the agency, the 
                        Secretary shall disregard such children from 
                        such agency's total enrollment when calculating 
                        the percentage under clause (i)(I) and shall 
                        disregard any funds received for such children 
                        when calculating the total current expenditures 
                        attributed to the operation of such agency when 
                        calculating the percentage under clause 
                        (i)(II).'';
                            (iii) in subparagraph (C), by striking 
                        ``subparagraph (D) or (E) of paragraph (2), as 
                        the case may be'' and inserting ``paragraph 
                        (2)(D)''; and
                            (iv) by striking subparagraph (D) and 
                        inserting the following:
                    ``(D) Ratable distribution.--
                            ``(i) In general.--For each fiscal year 
                        described in subparagraph (A) for which the 
                        sums appropriated under section 3(aa)(2) exceed 
                        the amount required to pay each local 
                        educational agency 100 percent of the local 
                        educational agency's threshold payment under 
                        subparagraph (B), the Secretary shall 
                        distribute the excess sums to each eligible 
                        local educational agency that has not received 
                        the agency's maximum payment amount computed 
                        under paragraph (1) or (2) (as the case may be) 
                        by multiplying--
                                    ``(I) a percentage, the denominator 
                                of which is the difference between the 
                                maximum payment amount computed under 
                                paragraph (1) or (2) (as the case may 
                                be) for all local educational agencies 
                                and the amount of the threshold payment 
                                (as calculated under subparagraphs (B) 
                                and (C)) of all local educational 
                                agencies, and the numerator of which is 
                                the aggregate amount of the excess 
                                sums; by
                                    ``(II) the difference between the 
                                maximum payment amount computed under 
                                paragraph (1) or (2) (as the case may 
                                be) for the agency and the amount of 
                                the threshold payment as calculated 
                                under subparagraphs (B) and (C) for the 
                                agency.
                            ``(ii) Insufficient payments.--For each 
                        fiscal year described in subparagraph (A) for 
                        which the sums appropriated under section 
                        3(aa)(2) are insufficient to pay each local 
                        educational agency all of the local educational 
                        agency's threshold payment described in clause 
                        (i), the Secretary shall ratably reduce the 
                        payment to each local educational agency under 
                        this paragraph.
                            ``(iii) Increases.--If the sums 
                        appropriated under section 3(aa)(2) are 
                        sufficient to increase the threshold payment 
                        above the 100 percent threshold payment 
                        described in clause (i), then the Secretary 
                        shall increase payments on the same basis as 
                        such payments were reduced, except no local 
                        educational agency may receive a payment amount 
                        greater than 100 percent of the maximum payment 
                        calculated under this subsection.'';
            (3) in subsection (c), by amending paragraph (2) to read as 
        follows:
            ``(2) Exception.--Calculation of payments for a local 
        educational agency shall be based on data from the fiscal year 
        for which the agency is making an application for payment if 
        such agency--
                    ``(A) is newly established by a State, for the 
                first year of operation of such agency only;
                    ``(B) was eligible to receive a payment under this 
                section for the previous fiscal year and has had an 
                overall increase in enrollment (as determined by the 
                Secretary in consultation with the Secretary of 
                Defense, the Secretary of Interior, or the heads of 
                other Federal agencies)--
                            ``(i) of not less than 10 percent, or 100 
                        students, of children described in--
                                    ``(I) subparagraph (A), (B), (C), 
                                or (D) of subsection (a)(1); or
                                    ``(II) subparagraph (F) or (G) of 
                                subsection (a)(1), but only to the 
                                extent such children are civilian 
                                dependents of employees of the 
                                Department of Defense or the Department 
                                of the Interior; and
                            ``(ii) that is the direct result of closure 
                        or realignment of military installations under 
                        the base closure process or the relocation of 
                        members of the Armed Forces and civilian 
                        employees of the Department of Defense as part 
                        of force structure changes or movements of 
                        units or personnel between military 
                        installations or because of actions initiated 
                        by the Secretary of Interior or the head of 
                        another Federal agency; or
                    ``(C) was eligible to receive a payment under this 
                section for the previous fiscal year and has had an 
                overall increase in enrollment (as determined by the 
                Secretary)--
                            ``(i) of not less than 10 percent of 
                        children described in subsection (a)(1), or not 
                        less than 100 of such children; and
                            ``(ii) that is the direct result of the 
                        closure of a local educational agency that 
                        received a payment under paragraph (1) or (2) 
                        of subsection (b) in the previous fiscal 
                        year.'';
            (4) in subsection (d)(1), by striking ``8014(c)'' and 
        inserting ``3(aa)(3)'';
            (5) in subsection (e)--
                    (A) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1) In general.--Subject to paragraph (2), the total 
        amount the Secretary shall pay a local educational agency under 
        subsection (b)--
                    ``(A) for fiscal year 2012, shall not be less than 
                90 percent of the total amount that the local 
                educational agency received under paragraphs (1) and 
                (2) of subsection (b) for fiscal year 2011;
                    ``(B) for fiscal year 2013, shall not be less than 
                85 percent of the total amount that the local 
                educational agency received under paragraphs (1) and 
                (2) of subsection (b) for fiscal year 2011; and
                    ``(C) for fiscal year 2014, shall not be less than 
                80 percent of the total amount that the local 
                educational agency received under paragraphs (1) and 
                (2) of subsection (b) for fiscal year 2011.''; and
                    (B) by redesignating paragraph (3) as paragraph 
                (2); and
            (6) by striking subsection (g).

SEC. 8004. CONSTRUCTION.

    Section 8007 (20 U.S.C. 7707) is amended--
            (1) by striking ``8014(e)'' each place the term appears and 
        inserting ``3(aa)(4)''; and
            (2) in subsection (a)(2), by adding at the end the 
        following:
                    ``(C) The agency is eligible under section 
                8003(b)(2) or is receiving a basic support payment 
                under circumstances described in section 
                8003(b)(2)(B)(ii).''.

SEC. 8005. FACILITIES.

    Section 8008(a) (20 U.S.C. 7708(a)) is amended by striking 
``8014(f)'' and inserting ``3(aa)(5)''.

SEC. 8006. FEDERAL ADMINISTRATION.

    Section 8010 (20 U.S.C. 7710) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by striking ``paragraph (3) 
                of this subsection'' each place the term appears and 
                inserting ``paragraph (2)''; and
                    (B) in paragraph (2)(E), by striking ``under 
                section 8003(b)'' and all that follows through the 
                period at the end and inserting ``under this title.''; 
                and
            (2) by adding at the end the following:
    ``(d) Timely Payments.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall pay a local educational agency the full amount that the 
        agency is eligible to receive under this title for a fiscal 
        year not later than September 30 of the second fiscal year 
        following the fiscal year for which such amount has been 
        appropriated if, not later than 1 calendar year following the 
        fiscal year in which such amount has been appropriated, such 
        local educational agency submits to the Secretary all the data 
        and information necessary for the Secretary to pay the full 
        amount that the agency is eligible to receive under this title 
        for such fiscal year.
            ``(2) Payments with respect to fiscal years in which 
        insufficient funds are appropriated.--For a fiscal year in 
        which the amount appropriated under section 3(aa) is 
        insufficient to pay the full amount a local educational agency 
        is eligible to receive under this title, paragraph (1) shall be 
        applied by substituting `is available to pay the agency' for 
        `the agency is eligible to receive' each place the term 
        appears.''.

SEC. 8007. DEFINITIONS.

    Section 8013 (20 U.S.C. 7713) is amended--
            (1) in paragraph (1), by striking ``and Marine Corps'' and 
        inserting ``Marine Corps, and Coast Guard''; and
            (2) in paragraph (5)(A)(iii)(II), by striking ``Stewart B. 
        McKinney Homeless Assistance Act'' and inserting ``McKinney-
        Vento Homeless Assistance Act''.

SEC. 8008. CONFORMING AMENDMENT.

    Title VIII (20 U.S.C. 7701 et seq.) is amended by striking section 
8014.

SEC. 8009. ELIGIBILITY FOR IMPACT AID PAYMENT.

    (a) Local Educational Agencies.--Notwithstanding section 8013(9) of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)), 
North Chicago Community Unit School District 187, North Shore District 
112, and Township High School District 113 in Lake County, Illinois, 
and Glenview Public School District 34 and Glenbrook High School 
District 225 in Cook County, Illinois, shall be considered local 
educational agencies as such term is used in, and for purposes of, 
title VIII of such Act.
    (b) Computation.--Notwithstanding any other provision of law, 
federally connected children (as determined under section 8003(a) of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a))) 
who are in attendance in the North Shore District 112, Township High 
School District 113, Glenview Public School District 34, and Glenbrook 
High School District 225 described in subsection (a), shall be 
considered to be in attendance in the North Chicago Community Unit 
School District 187 described in subsection (a) for purposes of 
computing the amount that the North Chicago Community Unit School 
District 187 is eligible to receive under subsection (b) or (d) of 
section 8003 of such Act if--
            (1) such school districts have entered into an agreement 
        for such students to be so considered and for the equitable 
        apportionment among all such school districts of any amount 
        received by the North Chicago Community Unit School District 
        187 under such section; and
            (2) any amount apportioned among all such school districts 
        pursuant to paragraph (1) is used by such school districts only 
        for the direct provision of educational services.

                      TITLE IX--GENERAL PROVISIONS

SEC. 9101. DEFINITIONS.

    (a) In General.--Section 9101 (20 U.S.C. 7801) is amended to read 
as follows:

``SEC. 9101. DEFINITIONS.

    ``Except as otherwise provided, in this Act:
            ``(1) Adjusted cohort; entering cohort; transferred into; 
        transferred out.--
                    ``(A) Adjusted cohort.--Subject to clauses (ii) and 
                (iii) of subparagraph (D) and subparagraphs (E) through 
                (G), the term `adjusted cohort' means the difference 
                of--
                            ``(i) the sum of--
                                    ``(I) the entering cohort; plus
                                    ``(II) any students that 
                                transferred into the cohort in any of 
                                grades 9 through 12; minus
                            ``(ii) any students that are removed from 
                        the cohort as described in subparagraph (E).
                    ``(B) Entering cohort.--The term `entering cohort' 
                when used with respect to a secondary school, means the 
                number of first-time students in grade 9 enrolled in 
                the secondary school 1 month after the start of the 
                secondary school's academic year.
                    ``(C) Transferred into.--The term `transferred 
                into' when used with respect to a secondary school 
                student, means a student who--
                            ``(i) was a first-time student in grade 9 
                        during the same school year as the entering 
                        cohort; and
                            ``(ii) enrolls after the entering cohort is 
                        calculated as described in subparagraph (B).
                    ``(D) Transferred out.--
                            ``(i) In general.--The term `transferred 
                        out' when used with respect to a secondary 
                        school student, means a student who the 
                        secondary school or local educational agency 
                        has confirmed has transferred--
                                    ``(I) to another school from which 
                                the student is expected to receive a 
                                regular secondary school diploma; or
                                    ``(II) to another educational 
                                program from which the student is 
                                expected to receive a regular secondary 
                                school diploma.
                            ``(ii) Confirmation requirements.--
                                    ``(I) Documentation required.--The 
                                confirmation of a student's transfer to 
                                another school or educational program 
                                described in clause (i) requires 
                                documentation from the receiving school 
                                or program that the student enrolled in 
                                the receiving school or program.
                                    ``(II) Lack of confirmation.--A 
                                student who was enrolled, but for whom 
                                there is no confirmation of the student 
                                having transferred out, shall remain in 
                                the cohort as a nongraduate for 
                                reporting and accountability purposes 
                                under this Act.
                            ``(iii) Programs not providing credit.--A 
                        student enrolled in a GED or other alternative 
                        educational program that does not issue or 
                        provide credit toward the issuance of a regular 
                        secondary school diploma shall not be 
                        considered transferred out and shall remain in 
                        the adjusted cohort.
                    ``(E) Cohort removal.--To remove a student from a 
                cohort, a school or local educational agency shall 
                require documentation to confirm that the student has 
                transferred out, emigrated to another country, or is 
                deceased.
                    ``(F) Treatment of other departures and 
                withdrawals.--A student who was retained in a grade, 
                enrolled in a GED program, aged out of a secondary 
                school or secondary school program, or left secondary 
                school for any other reason, including expulsion, shall 
                not be considered transferred out, and shall remain in 
                the adjusted cohort.
                    ``(G) Special rule.--For those secondary schools 
                that start after grade 9, the entering cohort shall be 
                calculated 1 month after the start of the secondary 
                school's academic year in the earliest secondary school 
                grade at the secondary school.
            ``(2) Advanced placement or international baccalaureate 
        course.--The term `Advanced Placement or International 
        Baccalaureate course' means--
                    ``(A) a course of postsecondary-level instruction 
                provided to secondary school students, terminating in 
                Advanced Placement or International Baccalaureate 
                examination; or
                    ``(B) another highly rigorous, evidence-based, 
                postsecondary preparatory program terminating in--
                            ``(i) an examination administered by a 
                        nationally recognized educational organization 
                        that has a demonstrated record of effectiveness 
                        in assessing secondary school students; or
                            ``(ii) another such examination approved by 
                        the Secretary.
            ``(3) Advanced placement or international baccalaureate 
        examination.--The term `Advanced Placement or International 
        Baccalaureate examination' means an Advanced Placement 
        examination administered by the College Board, an International 
        Baccalaureate examination administered by the International 
        Baccalaureate Organization, or another such examination 
        approved by the Secretary.
            ``(4) Authorizing committees.--The term `authorizing 
        committees' means the Committee on Education and the Workforce 
        of the House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate.
            ``(5) Average daily attendance.--
                    ``(A) In general.--Except as provided otherwise by 
                State law or this paragraph, the term `average daily 
                attendance' means--
                            ``(i) the aggregate number of days of 
                        attendance of all students during a school 
                        year; divided by
                            ``(ii) the number of days school is in 
                        session during that year.
                    ``(B) Conversion.--The Secretary shall permit the 
                conversion of average daily membership (or other 
                similar data) to average daily attendance for local 
                educational agencies in States that provide State aid 
                to local educational agencies on the basis of average 
                daily membership (or other similar data).
                    ``(C) Special rule.--If the local educational 
                agency in which a child resides makes a tuition or 
                other payment for the free public education of the 
                child in a school served by another local educational 
                agency, the Secretary shall, for the purpose of this 
                Act--
                            ``(i) consider the child to be in 
                        attendance at a school of the agency making the 
                        payment; and
                            ``(ii) not consider the child to be in 
                        attendance at a school of the agency receiving 
                        the payment.
            ``(6) Average per-pupil expenditure.--The term `average 
        per-pupil expenditure' means, in the case of a State or of the 
        United States--
                    ``(A) without regard to the source of funds--
                            ``(i) the aggregate current expenditures, 
                        during the most recent fiscal year for which 
                        satisfactory data are available, of all local 
                        educational agencies in the State or, in the 
                        case of the United States, for all States 
                        (which, for the purpose of this paragraph, 
                        means the 50 States and the District of 
                        Columbia); plus
                            ``(ii) any direct current expenditures by 
                        the State for the operation of those agencies; 
                        divided by
                    ``(B) the aggregate number of children in average 
                daily attendance to whom those agencies provided free 
                public education during that year.
            ``(7) Charter management organization.--The term `charter 
        management organization' means a nonprofit organization that 
        operates, manages, or oversees multiple charter schools by 
        centralizing or sharing certain functions and resources among 
        such schools.
            ``(8) Child.--The term `child' means any person within the 
        age limits for which the State provides free public education.
            ``(9) Child with a disability.--The term `child with a 
        disability' has the same meaning given that term in section 602 
        of the Individuals with Disabilities Education Act.
            ``(10) Conditions for learning.--The term `conditions for 
        learning' means conditions that advance student achievement and 
        positive child and youth development by supporting schools 
        that--
                    ``(A) promote physical, mental, and emotional 
                health;
                    ``(B) ensure the safety of students and staff;
                    ``(C) promote social, emotional, and character 
                development; and
                    ``(D) have the following attributes:
                            ``(i) Provide opportunities for physical 
                        activity and good nutrition.
                            ``(ii) Are free of violence, harassment, 
                        and weapons.
                            ``(iii) Prevent use and abuse of drugs and 
                        controlled substances.
                            ``(iv) Help staff and students to model 
                        positive social and emotional skills.
                            ``(v) Employ adults who have high 
                        expectations for student conduct, character, 
                        and academic achievement.
                            ``(vi) Engage parents and family members in 
                        meaningful and sustained ways to promote 
                        positive student academic achievement and 
                        developmental outcomes.
            ``(11) Consolidated local application.--The term 
        `consolidated local application' means an application submitted 
        by a local educational agency pursuant to section 9305.
            ``(12) Consolidated local plan.--The term `consolidated 
        local plan' means a plan submitted by a local educational 
        agency pursuant to section 9305.
            ``(13) Consolidated state application.--The term 
        `consolidated State application' means an application submitted 
        by a State educational agency pursuant to section 9302.
            ``(14) Consolidated state plan.--The term `consolidated 
        State plan' means a plan submitted by a State educational 
        agency pursuant to section 9302.
            ``(15) Core academic subjects.--The term `core academic 
        subjects' means English, reading or language arts, mathematics, 
        science, foreign languages, civics and government, economics, 
        arts, history, and geography.
            ``(16) Covered program.--The term `covered program' means 
        each of the programs authorized by--
                    ``(A) part A of title I;
                    ``(B) part C of title I;
                    ``(C) part D of title I;
                    ``(D) part A of title II;
                    ``(E) part A of title III;
                    ``(F) part B of title IV; and
                    ``(G) subpart 2 of part B of title VI.
            ``(17) Current expenditures.--The term `current 
        expenditures' means expenditures for free public education--
                    ``(A) including expenditures for administration, 
                instruction, attendance and health services, pupil 
                transportation services, operation and maintenance of 
                plant, fixed charges, and net expenditures to cover 
                deficits for food services and student body activities; 
                but
                    ``(B) not including expenditures for community 
                services, capital outlay, and debt service, or any 
                expenditures made from funds received under title I.
            ``(18) Department.--The term `Department' means the 
        Department of Education.
            ``(19) Developmental delay.--The term `developmental delay' 
        has the meaning given the term in section 632 of the 
        Individuals with Disabilities Education Act (20 U.S.C. 1432).
            ``(20) Distance learning.--The term `distance learning' 
        means the transmission of educational or instructional 
        programming to geographically dispersed individuals and groups 
        via telecommunications.
            ``(21) Educational service agency.--The term `educational 
        service agency' means a regional public multiservice agency 
        authorized by State statute to develop, manage, and provide 
        services or programs to local educational agencies.
            ``(22) Elementary school.--The term `elementary school' 
        means a nonprofit institutional day or residential school, 
        including a public elementary charter school, that provides 
        elementary education, as determined under State law.
            ``(23) English learner.--The term `English learner' means 
        an individual--
                    ``(A) who is aged 3 through 21;
                    ``(B) who is enrolled or preparing to enroll in an 
                elementary school or secondary school;
                    ``(C)(i) who was not born in the United States or 
                whose native language is a language other than English;
                    ``(ii)(I) who is a Native American or Alaska 
                Native, or a native resident of the outlying areas; and
                    ``(II) who comes from an environment where a 
                language other than English has had a significant 
                impact on the individual's level of English language 
                proficiency; or
                    ``(iii) who is migratory, whose native language is 
                a language other than English, and who comes from an 
                environment where a language other than English is 
                dominant; and
                    ``(D) whose difficulties in speaking, reading, 
                writing, or understanding the English language may be 
                sufficient to deny the individual--
                            ``(i) the ability to meet the State's on-
                        track level of performance on State assessments 
                        described in section 1111(a)(2);
                            ``(ii) the ability to successfully achieve 
                        in classrooms where the language of instruction 
                        is English; or
                            ``(iii) the opportunity to participate 
                        fully in society.
            ``(24) Evidence-based.--The term `evidence-based', when 
        used with respect to a program, practice, or policy, means--
                    ``(A) based on a comprehensive, unbiased review and 
                weighing of 1 or more evaluation studies that--
                            ``(i) have been carried out consistent with 
                        the principles of scientific research;
                            ``(ii) have strong internal and external 
                        validity; and
                            ``(iii) support the direct attribution of 1 
                        or more outcomes to the program, practice, or 
                        policy; or
                    ``(B) in the absence of any study described in 
                subparagraph (A), based on a comprehensive, unbiased 
                review and weighing of data analysis, research, or 1 or 
                more evaluation studies of relevant programs, 
                practices, or policies, that--
                            ``(i) were carried out consistent with the 
                        principles of scientifically based research; 
                        and
                            ``(ii) are accompanied by strategies to 
                        generate more robust evidence over time through 
                        research, evaluation, and data analysis, 
                        including--
                                    ``(I) the measurement of 
                                performance with reliable process and 
                                outcome indicators; and
                                    ``(II) the implementation of 
                                evaluations with strong internal and 
                                external validity where feasible and 
                                appropriate.
            ``(25) Expanded learning time.--The term `expanded learning 
        time' means using a longer school day, week, or year schedule 
        to significantly increase the total number of school hours, in 
        order to include additional time for--
                    ``(A) instruction in core academic subjects;
                    ``(B) instruction in other subjects and enrichment 
                and other activities that contribute to a well-rounded 
                education, including music and the arts, physical 
                education, and experiential and work-based learning; 
                and
                    ``(C) instructional and support staff to 
                collaborate, plan, and engage in professional 
                development, including on family and community 
                engagement, within and across grades and subjects.
            ``(26) Family literacy activities.--The term `family 
        literacy activities' means activities that--
                    ``(A) are of sufficient intensity in terms of 
                hours, and of sufficient duration, to make sustainable 
                improvements in the literacy rates of a family;
                    ``(B) better enable parents to support their 
                children's learning needs; and
                    ``(C) integrate all of the following activities:
                            ``(i) Parent adult education and literacy 
                        activities that lead to readiness for 
                        postsecondary education or training, career 
                        advancement, and economic self-sufficiency.
                            ``(ii) Interactive literacy activities 
                        between parents and their children.
                            ``(iii) Training for parents regarding how 
                        to be the primary teacher for their children 
                        and full partners in the education of their 
                        children.
                            ``(iv) Age-appropriate education to prepare 
                        children for success in school and life 
                        experiences.
            ``(27) Family member.--The term `family member' means a 
        parent, relative, or other adult who is responsible for the 
        care and well-being of a child.
            ``(28) Free public education.--The term `free public 
        education' means education that is provided--
                    ``(A) at public expense, under public supervision 
                and direction, and without tuition charge; and
                    ``(B) as elementary or secondary education, as 
                determined under State law, except that, 
                notwithstanding State law, such term--
                            ``(i) includes preschool education; and
                            ``(ii) does not include any education 
                        provided beyond grade 12.
            ``(29) Gifted and talented.--The term `gifted and 
        talented', when used with respect to students, children, or 
        youth, means students, children, or youth who give evidence of 
        high achievement capability in areas such as intellectual, 
        creative, artistic, or leadership capacity, or in specific 
        academic fields, and who need services or activities not 
        ordinarily provided by the school in order to fully develop 
        those capabilities.
            ``(30) Graduation rates.--The term `graduation rates' 
        shall, at a minimum, include both of the following:
                    ``(A) A 4-year adjusted cohort graduation rate for 
                a school year, defined as the percent obtained by 
                calculating the product of--
                            ``(i) the result of--
                                    ``(I) the number of students who--
                                            ``(aa) formed the adjusted 
                                        cohort 4 years earlier; and
                                            ``(bb) graduate in 4 years 
                                        or less with a regular 
                                        secondary school diploma; 
                                        divided by
                                    ``(II) the number of students who 
                                formed the adjusted cohort for that 
                                year's graduating class 4 years 
                                earlier; multiplied by
                            ``(ii) 100.
                    ``(B) A cumulative graduation rate for a school 
                year, defined as the percent obtained by calculating 
                the product of--
                            ``(i) the result of--
                                    ``(I) the sum of--
                                            ``(aa) the number of 
                                        students who--

                                                    ``(AA) form the 
                                                adjusted cohort for 
                                                that year's graduating 
                                                class; and

                                                    ``(BB) graduate in 
                                                4 years or less with a 
                                                regular secondary 
                                                school diploma; plus

                                            ``(bb) the number of 
                                        additional students from 
                                        previous cohorts who graduate 
                                        with a regular secondary school 
                                        diploma by the end of the 
                                        school year in--

                                                    ``(AA) more than 4 
                                                years but not more than 
                                                6 years; or

                                                    ``(BB) before 
                                                exceeding the age for 
                                                eligibility for a free 
                                                appropriate public 
                                                education (as defined 
                                                in section 602 of the 
                                                Individuals with 
                                                Disabilities Education 
                                                Act) under State law; 
                                                divided by

                                    ``(II) the sum of--
                                            ``(aa) the number of 
                                        students who form the adjusted 
                                        cohort for that year's 
                                        graduating class; plus
                                            ``(bb) the number of 
                                        additional student graduates 
                                        described in subclause (I)(bb); 
                                        multiplied by
                            ``(ii) 100.
            ``(31) High school.--The term `high school' means a 
        secondary school that--
                    ``(A) grants a diploma, as defined by the State; 
                and
                    ``(B) includes, at least, grade 12.
            ``(32) Highly qualified teacher.--
                    ``(A) In general.--The term `highly qualified 
                teacher' means--
                            ``(i) with respect to any public elementary 
                        school, middle school, or high school teacher 
                        teaching in a State, a teacher who--
                                    ``(I)(aa) has obtained State 
                                certification as a teacher (including 
                                certification obtained through 
                                alternative routes to certification) or 
                                passed the State teacher licensing 
                                examination, and holds a license to 
                                teach in the State, except that when 
                                used with respect to any teacher 
                                teaching in a charter school, the term 
                                means that the teacher meets the 
                                requirements set forth in the State's 
                                charter school law; or
                                    ``(bb) has passed a rigorous State 
                                test for subject matter knowledge and 
                                is making satisfactory progress towards 
                                obtaining full certification or 
                                licensure within 3 years through 
                                participation in a high-quality, State-
                                approved alternative certification 
                                program; and
                                    ``(II) has not had certification or 
                                licensure requirements waived on an 
                                emergency, temporary, or provisional 
                                basis;
                            ``(ii) with respect to--
                                    ``(I) an elementary school teacher 
                                who is new to the profession, that the 
                                teacher holds at least a bachelor's 
                                degree and--
                                            ``(aa) if teaching more 
                                        than a single subject, has 
                                        demonstrated, by receiving a 
                                        passing score on a rigorous 
                                        State test, subject knowledge 
                                        and teaching skills in reading, 
                                        writing, mathematics, and other 
                                        areas of the basic elementary 
                                        school curriculum (which may 
                                        consist of passing a State-
                                        required certification or 
                                        licensing test or tests in 
                                        reading, writing, mathematics, 
                                        and other areas of the basic 
                                        elementary school curriculum); 
                                        or
                                            ``(bb) if teaching a single 
                                        subject, meets either the 
                                        requirement in item (aa) or 
                                        (bb) of subclause (II); and
                                    ``(II) a middle school or high 
                                school teacher who is new to the 
                                profession, that the teacher holds at 
                                least a bachelor's degree and has 
                                demonstrated a high level of competency 
                                in each of the academic subjects in 
                                which the teacher teaches by--
                                            ``(aa) receiving a passing 
                                        score on a rigorous State 
                                        academic subject test in each 
                                        of the academic subjects in 
                                        which the teacher teaches 
                                        (which may consist of a passing 
                                        level of performance on a 
                                        State-required certification or 
                                        licensing test or tests in each 
                                        of the academic subjects the 
                                        teacher teaches); or
                                            ``(bb) successful 
                                        completion, in each of the 
                                        academic subjects in which the 
                                        teacher teaches, of an academic 
                                        major, a graduate degree, 
                                        coursework equivalent to an 
                                        undergraduate academic major, 
                                        or advanced certification or 
                                        credentialing; and
                            ``(iii) with respect to an elementary 
                        school, middle school, or high school teacher 
                        who is not new to the profession, that the 
                        teacher holds at least a bachelor's degree 
                        and--
                                    ``(I) has met the applicable 
                                standard in subclause (I) or (II) of 
                                clause (ii), which includes an option 
                                for a test; or
                                    ``(II) demonstrates competence in 
                                all the academic subjects in which the 
                                teacher teaches based on a high 
                                objective uniform State standard of 
                                evaluation, which may include multiple 
                                subjects, that--
                                            ``(aa) is set by the State 
                                        for both grade-appropriate 
                                        academic subject-matter 
                                        knowledge and teaching skills;
                                            ``(bb) is aligned with 
                                        State academic content and 
                                        student academic achievement 
                                        standards under section 
                                        1111(a)(1) and developed in 
                                        consultation with core content 
                                        specialists, teachers, 
                                        principals, and school 
                                        administrators;
                                            ``(cc) provides objective, 
                                        coherent information about the 
                                        teacher's attainment of core 
                                        content knowledge in the 
                                        academic subjects in which a 
                                        teacher teaches;
                                            ``(dd) is applied uniformly 
                                        to all teachers in the same 
                                        academic subject and the same 
                                        grade level throughout the 
                                        State;
                                            ``(ee) takes into 
                                        consideration, but is not based 
                                        primarily on, the time the 
                                        teacher has been teaching in 
                                        the academic subject;
                                            ``(ff) is made available to 
                                        the public on request; and
                                            ``(gg) may involve 
                                        multiple, objective measures of 
                                        teacher competency.
                    ``(B) Special rule.--Notwithstanding the 
                requirements of subparagraph (A), a State may deem a 
                teacher to be a highly qualified teacher for purposes 
                of this Act, if the teacher is--
                            ``(i) a teacher with a bachelor's degree 
                        who has received and maintained, for the State 
                        in which the teacher teaches, a rating in the 
                        highest categories of a teacher evaluation 
                        system consistent with section 2301(b)(4);
                            ``(ii) a teacher in a rural local 
                        educational agency, as described in section 
                        6211(d), who teaches multiple subjects, if the 
                        teacher is a highly qualified teacher in 1 of 
                        the core academic subjects that the teacher 
                        teaches and becomes highly qualified in the 
                        additional subjects in not more than 3 years by 
                        meeting the requirements of clause (ii) or 
                        (iii) of subparagraph (A);
                            ``(iii) a science teacher who holds a broad 
                        field science or individual science 
                        certification or licensure and whom the State 
                        determines is highly qualified for purposes of 
                        this paragraph;
                            ``(iv) a teacher who has been determined to 
                        be highly qualified by the State as of the day 
                        before the date of enactment of the Elementary 
                        and Secondary Education Reauthorization Act of 
                        2011; or
                            ``(v) a teacher who is a participant in an 
                        exchange visitor program and whom the State 
                        determines is highly qualified for the purposes 
                        of this paragraph.
                    ``(C) Special education teachers.--The definition 
                of the term `highly qualified teacher' shall also 
                include a special education teacher who is highly 
                qualified as determined under section 602(10) of the 
                Individuals with Disabilities Education Act.
            ``(33) High-need local educational agency.--The term `high-
        need local educational agency' means a local educational 
        agency--
                    ``(A) that serves not fewer than 10,000 children 
                from families with incomes below the poverty line;
                    ``(B) for which not less than 20 percent of the 
                children served by the agency are from families with 
                incomes below the poverty line; or
                    ``(C) that is in the highest quartile of local 
                educational agencies in the State, based on student 
                poverty.
            ``(34) High-need school.--
                    ``(A) In general.--The term `high-need school' 
                means--
                            ``(i) an elementary school or middle school 
                        in which not less than 50 percent of the 
                        enrolled students are children from low-income 
                        families; or
                            ``(ii) a high school in which not less than 
                        40 percent of the enrolled students are 
                        children from low-income families, which may be 
                        calculated using comparable data from feeder 
                        schools.
                    ``(B) Low-income family.--For purposes of 
                subparagraph (A), the term `low-income family' means a 
                family--
                            ``(i) in which the children are eligible 
                        for a free or reduced price lunch under the 
                        Richard B. Russell National School Lunch Act 
                        (42 U.S.C. 1751 et seq.);
                            ``(ii) receiving assistance under a State 
                        program funded under part A of title IV of the 
                        Social Security Act (42 U.S.C. 601 et seq.); or
                            ``(iii) in which the children are eligible 
                        to receive medical assistance under the 
                        Medicaid program.
            ``(35) Institution of higher education.--The term 
        `institution of higher education' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965.
            ``(36) Leading indicators.--The term `leading indicators' 
        means areas in which a persistently low-achieving school is 
        expected to demonstrate improvement, such as--
                    ``(A) average student attendance rates;
                    ``(B) teacher attendance rates;
                    ``(C) on-time grade promotion;
                    ``(D) credit accumulation rates;
                    ``(E) expulsion, suspension, violence and 
                harassment rates;
                    ``(F) teacher retention and turnover rates;
                    ``(G) percentage of students failing a core, 
                credit-bearing course; and
                    ``(H) entrance and placement examinations, and 
                preparation courses, for postsecondary education.
            ``(37) Local educational agency.--
                    ``(A) In general.--The term `local educational 
                agency' means a public board of education or other 
                public authority legally constituted within a State for 
                either administrative control or direction of, or to 
                perform a service function for, public elementary 
                schools or secondary schools in a city, county, 
                township, school district, or other political 
                subdivision of a State, or of or for a combination of 
                school districts or counties that is recognized in a 
                State as an administrative agency for its public 
                elementary schools or secondary schools.
                    ``(B) Administrative control and direction.--The 
                term includes any other public institution or agency 
                having administrative control and direction of a public 
                elementary school or secondary school.
                    ``(C) Bie schools.--The term includes an elementary 
                school or secondary school funded by the Bureau of 
                Indian Education but only to the extent that including 
                the school makes the school eligible for programs for 
                which specific eligibility is not provided to the 
                school in another provision of law and the school does 
                not have a student population that is smaller than the 
                student population of the local educational agency 
                receiving assistance under this Act with the smallest 
                student population, except that the school shall not be 
                subject to the jurisdiction of any State educational 
                agency other than the Bureau of Indian Affairs.
                    ``(D) Educational service agencies.--The term 
                includes educational service agencies and consortia of 
                those agencies.
                    ``(E) State educational agency.--The term includes 
                the State educational agency in a State in which the 
                State educational agency is the sole educational agency 
                for all public schools.
            ``(38) Magnet school.--The term `magnet school' means a 
        public elementary school, public secondary school, public 
        elementary education center, or public secondary education 
        center, that offers a special curriculum capable of attracting 
        substantial numbers of students of different racial 
        backgrounds.
            ``(39) Mutual consent.--The term `mutual consent' means a 
        process through which--
                    ``(A) the principal or hiring team and the teacher 
                agree to the placement at a school;
                    ``(B) the principal or hiring team selects teachers 
                for the school from an unrestricted pool of internal 
                and external candidates based on an assessment of the 
                qualifications of the individual candidates; and
                    ``(C) the local educational agency ensures that 
                other schools served by the local educational agency 
                are not being forced to accept teachers displaced from 
                persistently low-achieving schools.
            ``(40) Native american and native american language.--The 
        terms `Native American' and `Native American language' have the 
        same meaning given those terms in section 103 of the Native 
        American Languages Act of 1990 (25 U.S.C. 2902).
            ``(41) On track to college and career readiness.--The term 
        `on track to college and career readiness', when used with 
        respect to a student, means that--
                    ``(A) the student is performing at or above the 
                student's grade level in a subject so that the student 
                will be college and career ready in such subject by the 
                time of high school graduation, as demonstrated by 
                student performance that meets or exceeds the on-track 
                level of student academic achievement for such subject 
                under section 1111(a)(1)(A)(iv) for the student's 
                grade, as measured by the State's assessment system 
                under section 1111(a)(2); or
                    ``(B) in the case of a student in a State that has 
                chosen in accordance with section 1111(b)(1)(B) to 
                measure student growth in addition to student 
                achievement for purposes of determining readiness, the 
                student meets the requirements of subparagraph (A) for 
                a subject or the student is attaining student growth in 
                accordance with clauses (i) and (ii) of such section in 
                the subject.
            ``(42) Outlying area.--The term `outlying area'--
                    ``(A) means American Samoa, the Commonwealth of the 
                Northern Mariana Islands, Guam, and the United States 
                Virgin Islands;
                    ``(B) means the Republic of Palau, to the extent 
                permitted under section 105(f)(1)(B)(ix) of the Compact 
                of Free Association Amendments Act of 2003 (Public Law 
                108-188; 117 Stat. 2751) and until an agreement for the 
                extension of United States education assistance under 
                the Compact of Free Association becomes effective for 
                the Republic of Palau; and
                    ``(C) for the purpose of any discretionary grant 
                program under this Act, includes the Republic of the 
                Marshall Islands and the Federated States of 
                Micronesia, to the extent permitted under section 
                105(f)(1)(B)(viii) of the Compact of Free Association 
                Amendments Act of 2003 (Public Law 108-188; 117 Stat. 
                2751).
            ``(43) Parent.--The term `parent' includes a legal guardian 
        or other person standing in loco parentis (such as a 
        grandparent or stepparent with whom the child lives, or a 
        person who is legally responsible for the child's welfare).
            ``(44) Poverty line.--The term `poverty line' means the 
        poverty line (as defined by the Office of Management and Budget 
        and revised annually in accordance with section 673(2) of the 
        Community Services Block Grant Act (42 U.S.C. 9902(2)) 
        applicable to a family of the size involved.
            ``(45) Professional development.--The term `professional 
        development' means activities based on scientifically valid 
        research that are coordinated and aligned to increase the 
        effectiveness of educators (including teachers, principals, 
        other school leaders, specialized instructional support 
        personnel, paraprofessionals, and, as applicable, early 
        childhood educators) and are regularly assessed to determine 
        the activities' effectiveness, and that--
                    ``(A) are designed and implemented to improve 
                student achievement and classroom practice;
                    ``(B) are aligned with--
                            ``(i) State academic content standards and 
                        student academic achievement standards 
                        developed under section 1111(a)(1);
                            ``(ii) related academic and school 
                        improvement goals of the school, local 
                        educational agency, and, as appropriate, 
                        statewide and local curricula; and
                            ``(iii) rigorous teaching standards;
                    ``(C) increase educators'--
                            ``(i) knowledge and understanding about how 
                        students learn;
                            ``(ii) academic content knowledge;
                            ``(iii) ability to analyze student work and 
                        achievement data from multiple sources, 
                        including how to adjust instructional 
                        strategies, assessments, and materials based on 
                        such analysis; and
                            ``(iv) ability to instruct students with 
                        disabilities and English learners so that they 
                        are able to meet the State academic content 
                        standards and student academic achievement 
                        standards;
                    ``(D) address areas for improvement based on such 
                educators' evaluations;
                    ``(E) are job-embedded, ongoing, collaborative, 
                data-driven, and classroom-focused; and
                    ``(F) are, as appropriate--
                            ``(i) designed to provide educators with 
                        the knowledge and skills to work more 
                        effectively with parents and families; and
                            ``(ii) provided jointly for school staff 
                        and other early childhood education and care 
                        providers, where applicable, to address the 
                        transition to elementary school, including 
                        issues related to school readiness across all 
                        major domains of early learning.
            ``(46) Regular secondary school diploma.--
                    ``(A) In general.--The term `regular secondary 
                school diploma' means the standard secondary school 
                diploma awarded to the preponderance of students in the 
                State that is fully aligned with State standards, or a 
                higher diploma. Such term shall not include a GED or 
                other recognized equivalent of a diploma, a certificate 
                of attendance, or any lesser diploma award.
                    ``(B) Exception for students with significant 
                cognitive disabilities.--For a student who has a 
                significant cognitive disability and is assessed using 
                an alternate assessment aligned to alternate academic 
                achievement standards under section 1111(a)(1)(D), 
                receipt of a regular secondary school diploma or a 
                State-defined alternate diploma aligned with completion 
                of the student's right to a free appropriate public 
                education under the Individuals with Disabilities 
                Education Act shall be counted as graduating with a 
                regular secondary school diploma for the purposes of 
                this Act, except that not more than 1 percent of 
                students served by a State or a local educational 
                agency, as appropriate, shall be counted as graduates 
                with a regular secondary school diploma under this 
                subparagraph.
            ``(47) Scientifically based research.--The term 
        `scientifically based research'--
                    ``(A) means research that involves the application 
                of rigorous, systematic, and objective procedures to 
                obtain reliable and valid knowledge relevant to 
                education activities and programs; and
                    ``(B) includes research that--
                            ``(i) employs systematic, empirical methods 
                        that draw on observation or experiment;
                            ``(ii) involves rigorous data analyses that 
                        are adequate to test the stated hypotheses and 
                        justify the general conclusions drawn;
                            ``(iii) relies on measurements or 
                        observational methods that provide reliable and 
                        valid data across evaluators and observers, 
                        across multiple measurements and observations, 
                        and across studies by the same or different 
                        investigators;
                            ``(iv) is evaluated using experimental or 
                        quasi-experimental designs in which 
                        individuals, entities, programs, or activities 
                        are assigned to different conditions and with 
                        appropriate controls to evaluate the effects of 
                        the condition of interest, with a preference 
                        for random-assignment experiments, or other 
                        designs to the extent that those designs 
                        contain within-condition or across-condition 
                        controls;
                            ``(v) ensures that experimental studies are 
                        presented in sufficient detail and clarity to 
                        allow for replication or, at a minimum, offer 
                        the opportunity to build systematically on 
                        their findings; and
                            ``(vi) has been accepted by a peer-reviewed 
                        journal or approved by a panel of independent 
                        experts through a comparably rigorous, 
                        objective, and scientific review.
            ``(48) Scientifically valid research.--The term 
        `scientifically valid research' includes applied research, 
        basic research, and field-initiated research in which the 
        rationale, design, and interpretation are soundly developed in 
        accordance with principles of scientific research.
            ``(49) Secondary school.--The term `secondary school' means 
        a nonprofit institutional day or residential school, including 
        a public secondary charter school, that provides secondary 
        education, as determined under State law, except that the term 
        does not include any education beyond grade 12.
            ``(50) Secretary.--The term `Secretary' means the Secretary 
        of Education.
            ``(51) Specialized instructional support personnel; 
        specialized instructional support services.--
                    ``(A) Specialized instructional support 
                personnel.--The term `specialized instructional support 
                personnel' means school counselors, school social 
                workers, school psychologists, school nurses, and other 
                qualified professional personnel involved in providing 
                assessment, diagnosis, counseling, educational, 
                therapeutic, and other necessary services (including 
                related services as that term is defined in section 602 
                of the Individuals with Disabilities Education Act) as 
                part of a comprehensive program to meet student needs.
                    ``(B) Specialized instructional support services.--
                The term `specialized instructional support services' 
                means the services provided by specialized 
                instructional support personnel.
            ``(52) State.--The term `State' means each of the 50 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and each of the outlying areas.
            ``(53) State advisory council on early childhood education 
        and care.--The term `State Advisory Council on Early Childhood 
        Education and Care' means the State Advisory Council on Early 
        Childhood Education and Care established under section 642B(b) 
        of the Head Start Act (42 U.S.C. 9837b(b)).
            ``(54) State educational agency.--The term `State 
        educational agency' means the agency primarily responsible for 
        the State supervision of public elementary schools and 
        secondary schools.
            ``(55) Teacher mentoring.--The term `teacher mentoring' 
        means supporting teachers or principals to increase the 
        effectiveness and retention of such teachers or principals 
        through a program that--
                    ``(A) includes clear criteria for the selection of 
                mentors that takes into account the mentor's--
                            ``(i) effectiveness; and
                            ``(ii) ability to facilitate adult 
                        learning;
                    ``(B) provides high-quality training for mentors in 
                how to support teachers or principals effectively;
                    ``(C) provides regularly scheduled time for 
                collaboration, examination of student work and 
                achievement data, and ongoing opportunities for mentors 
                and mentees to observe each other's teaching or 
                leading, and identify and address areas for 
                improvement; and
                    ``(D) matches mentees with mentors in the same 
                field, grade, grade span, or subject area.
            ``(56) Turnaround partner.--The term `turnaround partner' 
        means a public or private nonprofit organization, institution 
        of higher education, or charter management organization, with a 
        demonstrated record of successful school improvement.
            ``(57) Universal design for learning.--The term `universal 
        design for learning' has the meaning given the term in section 
        103 of the Higher Education Act of 1965.''.
    (b) Conforming Amendments.--The Act (20 U.S.C. 6301 et seq.) is 
amended--
            (1) in section 1604(b) (20 U.S.C. 6574(b)), as redesignated 
        by section 1601(a)(3) of this Act, by striking ``the Committee 
        on Education and the Workforce of the House of Representatives 
        and the Committee on Health, Education, Labor and Pensions of 
        the Senate'' and inserting ``the authorizing committees'';
            (2) in section 3122(b) (20 U.S.C. 6843(b)), as redesignated 
        by section 3001(3) of this Act, by striking ``the Committee on 
        Education and the Workforce of the House of Representatives and 
        the Committee on Health, Education, Labor, and Pensions of the 
        Senate'' and inserting ``the authorizing committees''; and
            (3) in section 9401(e)(4) (20 U.S.C. 7861(e)(4)), by 
        striking ``the Committee on Education and the Workforce of the 
        House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate'' and inserting 
        ``the authorizing committees''.

SEC. 9102. UNSAFE SCHOOL CHOICE OPTION.

    Section 9532(a) (20 U.S.C. 7912(a)) is amended by striking 
``attending'' and all that follows through ``victim of'' and inserting 
``who is threatened with, or becomes a victim of,''.

SEC. 9103. EVALUATION AUTHORITY.

    Section 9601 (20 U.S.C. 7941) is amended to read as follows:

``SEC. 9601. EVALUATION AUTHORITY.

    ``(a) Reservation of Funds.--Except as provided in subsection (b), 
the Secretary may reserve not more than 3 percent of the amount 
appropriated to carry out each categorical program and demonstration 
project authorized under this Act. The reserved amounts shall be used 
by the Secretary, acting through the Director of the Institute of 
Education Sciences, to--
            ``(1) conduct--
                    ``(A) comprehensive, high-quality evaluations of 
                the program or project that--
                            ``(i) provide information to inform policy-
                        making and to support continuous program 
                        improvement; and
                            ``(ii) use methods appropriate for the 
                        questions being asked; and
                    ``(B) impact evaluations that employ experimental 
                or quasi-experimental designs, where practicable and 
                appropriate, and other rigorous methodologies that 
                permit the strongest possible causal inferences;
            ``(2) provide technical assistance to grant recipients on--
                    ``(A) the conduct of the evaluation activities that 
                the grantees carry out under this Act; and
                    ``(B) the collection and reporting of performance 
                data relating to the program or project;
            ``(3) evaluate the aggregate short- and long-term effects 
        and cost efficiencies across Federal programs assisted or 
        authorized under this Act and related Federal preschool, 
        elementary, and secondary programs under any other Federal law;
            ``(4) increase the usefulness of evaluations of grant 
        recipients in order to ensure the continuous progress of the 
        program or project by improving the quality, timeliness, 
        efficiency, dissemination, and use of information relating to 
        performance under the program or project; and
            ``(5) identify and disseminate research and best practices 
        related to the programs and projects authorized under this Act.
    ``(b) Title I.--The Secretary may not reserve under subsection (a) 
more than 1 percent of the funds appropriated to carry out title I.
    ``(c) Evaluation Plan.--Beginning not later than 1 year after the 
date of enactment of the Elementary and Secondary Education 
Reauthorization Act of 2011, the Secretary shall annually develop and 
submit to Congress a plan that--
            ``(1) describes the timeline for evaluation of the programs 
        and projects authorized under this Act; and
            ``(2) describes the specific evaluation activities that the 
        Secretary intends to carry out for such programs and projects 
        during the next year.
    ``(d) Evaluation Activities Authorized Elsewhere.--If, under any 
other provision of this Act (other than title I), funds are authorized 
to be reserved or used for evaluation activities with respect to a 
program or project, the Secretary may not reserve additional funds 
under this section for the evaluation of that program or project.
    ``(e) Special Rule Regarding Allocation for Impact Evaluations.--
The Secretary shall use not less than 30 percent of the funds reserved 
under this section for each of the fiscal years 2012 through 2017, in 
the aggregate for each year, for impact evaluations that meet the 
requirements of subsection (a)(1).''.

SEC. 9104. CONFORMING AMENDMENTS.

    (a) Reorganization.--Title IX (20 U.S.C. 7801 et seq.) is amended 
by adding at the end the following:

                 ``PART G--MISCELLANEOUS PROVISIONS''.

    (b) Conforming Amendments.--Title IX (20 U.S.C. 7801 et seq.) is 
amended--
            (1) in section 9401 (20 U.S.C. 7861)--
                    (A) in subsection (b)(1)(C), by striking ``, in 
                accordance with section 1111(b),''; and
                    (B) in subsection (c), by striking ``subpart 1 of 
                part B of title V'' and inserting ``subpart 1 of part D 
                of title V'';
            (2) by striking paragraph (1) of section 9501(b) (20 U.S.C. 
        7881(b)) and inserting the following:
            ``(1) In general.--This section applies to programs under--
                    ``(A) part C of title I;
                    ``(B) part A of title II, to the extent provided in 
                paragraph (3);
                    ``(C) part A of title III;
                    ``(D) part A of title IV;
                    ``(E) part B of title IV;
                    ``(F) part D of title IV; and
                    ``(G) part E of title IV.''; and
            (3) in section 9534(b) (20 U.S.C. 7914(b)), by striking 
        ``part B of title V'' each place the term appears and inserting 
        ``part D of title V''.

TITLE X--COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR 
                             PUBLIC SCHOOLS

SEC. 10011. SHORT TITLE.

    This title may be cited as the ``Commission on Effective Regulation 
and Assessment Systems for Public Schools Act''.

SEC. 10012. DEFINITIONS.

    In this title:
            (1) Chairperson.--The term ``Chairperson'' means the 
        Chairperson of the Commission.
            (2) Commission.--The term ``Commission'' means the 
        Commission on Effective Regulation and Assessment Systems for 
        Public Schools.

SEC. 10013. ESTABLISHMENT OF COMMISSION ON EFFECTIVE REGULATION AND 
              ASSESSMENT SYSTEMS FOR PUBLIC SCHOOLS.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Secretary shall establish a commission to be known as 
the ``Commission on Effective Regulation and Assessment Systems for 
Public Schools''.
    (b) Purpose.--The Commission shall--
            (1) examine Federal, State, and local regulatory 
        requirements on elementary and secondary education;
            (2) make recommendations on how to align and improve such 
        Federal, State, and local requirements to improve performance 
        and innovation;
            (3) examine the quality and purpose of current Federal, 
        State, and local assessment requirements; and
            (4) make recommendations to improve and align assessment 
        systems to provide quality and meaningful information for 
        parents, teachers, and students to improve student achievement, 
        teacher performance, and innovation.
    (c) Membership.--
            (1) Composition.--The Commission shall be composed of--
                    (A) 4 Governors;
                    (B) 6 State legislators;
                    (C) 2 Chief State school officers;
                    (D) 2 State officials responsible for administering 
                Federal education programs;
                    (E) 4 superintendents;
                    (F) 2 principals;
                    (G) 2 teachers;
                    (H) 2 assessment experts; and
                    (I) 2 teacher and principal effectiveness experts.
            (2) Recommendations.--The Secretary shall solicit input and 
        nominations for appointing members of the Commission from--
                    (A) Governors;
                    (B) members of Congress;
                    (C) State legislators;
                    (D) superintendents, principals, teachers, and 
                other members of the education community; and
                    (E) parents, students, and other members of the 
                general public.
            (3) Determination.--The Secretary shall determine the 
        membership of the Commission after considering recommendations 
        submitted under paragraph (2).
    (d) Chairperson.--The Secretary shall designate a Governor as the 
Chairperson of the Commission.
    (e) Meetings.--The Commission shall hold, at the call of the 
Chairperson, not less than 1 meeting every 6 months. All such meetings 
shall be open to the public. The Commission may hold, at the call of 
the Chairperson, such other meetings as the Chairperson sees fit to 
carry out this title.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Initial Meeting.--The Commission shall hold its first meeting 
not later than 60 days after the date of enactment of this Act.

SEC. 10014. POWERS OF THE COMMISSION.

    (a) Hearings.--
            (1) In general.--The Commission shall hold such hearings, 
        sit and act at such times and places, take such testimony, and 
        receive such evidence as the Commission determines appropriate 
        to carry out this title.
            (2) Participation.--In hearings held under this subsection, 
        the Commission shall consider inviting witnesses from, among 
        other groups--
                    (A) teachers;
                    (B) parents;
                    (C) principals;
                    (D) superintendents;
                    (E) Federal, State, and local educational agency 
                personnel;
                    (F) researchers and other experts; and
                    (G) any other individuals determined appropriate by 
                the Commission.
    (b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out this title. Upon request of 
the Chairperson, the head of such department or agency shall furnish 
such information to the Commission.

SEC. 10015. DUTIES OF THE COMMISSION.

    (a) Duties.--
            (1) In general.--The Commission shall take such actions as 
        it determines necessary to gain a full understanding of the 
        issues of effective regulation and assessment systems for 
        public schools.
            (2) Areas of emphasis.--The Commission shall focus--
                    (A) in examining the over-regulation of public 
                schools, on--
                            (i) examining Federal, State, and local 
                        regulations governing public schools;
                            (ii) differentiating between financial, 
                        programmatic, general education, special 
                        education, and civil rights requirements;
                            (iii) identifying which government entity 
                        requires each regulation;
                            (iv) measuring the cost of compliance in 
                        terms of funds spent on compliance and time in 
                        hours and personnel;
                            (v) identifying duplicative, redundant, or 
                        unnecessary regulations at each governmental 
                        level; and
                            (vi) investigating how Federal, State, and 
                        local interpretations of laws and regulations 
                        create an additional or unnecessary burden and 
                        are used as a rationale for imposing 
                        requirements that are not actually mandated by 
                        law; and
                    (B) in examining the effective testing of public 
                schools, on--
                            (i) examining Federal, State, and local 
                        testing and standardized assessment 
                        requirements for public elementary schools, 
                        middle schools, and high schools;
                            (ii) determining the purpose and intent of 
                        each such test or assessment, including whether 
                        it is intended to measure student achievement 
                        and growth, teacher and principal 
                        effectiveness, or system accountability;
                            (iii) determining the frequency, length, 
                        and scheduling of such tests and assessments, 
                        and measuring, in hours and days, the student 
                        and teacher time spent on testing;
                            (iv) examining standardized assessments 
                        required by Federal, State, or local 
                        requirements, excluding teacher-created tests 
                        and quizzes and formative assessments;
                            (v) reporting on the quality of 
                        standardized assessments;
                            (vi) examining reporting practices of test 
                        results and the degree to which such results 
                        are returned in a timely manner with sufficient 
                        quality to be useful to parents, teachers and 
                        principals, and students to inform and improve 
                        their work, including targeting instruction to 
                        student needs, grading student work, and 
                        evaluating teacher and principal effectiveness;
                            (vii) analyzing the ability of quality 
                        assessments to measure whether a student is 
                        prepared to graduate from high school and 
                        pursue college or a career without the need for 
                        academic remediation;
                            (viii) examining what factors most 
                        contribute to quality assessments and the 
                        extent to which high-quality assessments can 
                        advance student learning;
                            (ix) determining the technology 
                        infrastructure required for next generation 
                        assessments; and
                            (x) identifying opportunities to improve 
                        assessment practices to better promote parent, 
                        teacher and principal, and student 
                        understanding of progress toward college and 
                        career readiness and public understanding of 
                        school performance and educational 
                        productivity.
            (3) Samples.--In conducting its work under this title, the 
        Commission may rely on samples of States and local educational 
        agencies for examples of regulations and testing requirements.
    (b) Reports.--
            (1) In general.--Subject to paragraph (2), the Commission 
        shall provide regular reports in a manner and form of the 
        Commission's choosing to--
                    (A) the Secretary; and
                    (B) the members of the authorizing committees.
            (2) Annual report.--Not later than 1 year after the date of 
        the first meeting of the Commission, and annually thereafter, 
        the Commission shall issue a report to--
                    (A) the Secretary; and
                    (B) the members of the authorizing committees.
            (3) Public report.--The Commission shall--
                    (A) prepare a report--
                            (i) analyzing findings of the Commission; 
                        and
                            (ii) making recommendations for Federal, 
                        State, and local policy makers; and
                    (B) broadly disseminate such report to the general 
                public.
    (c) Testimony.--The Chairperson shall annually provide testimony to 
the authorizing committees.

SEC. 10016. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission shall 
serve without compensation in addition to any such compensation 
received for the member's service as an officer or employee of the 
United States, if applicable.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter 1 of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    (c) Assistance.--
            (1) In general.--The Assistant Secretary of Elementary and 
        Secondary Education shall provide assistance to the Commission, 
        upon request of the Commission, without reimbursement.
            (2) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.

      TITLE XI--AMENDMENTS TO OTHER LAWS; MISCELLANEOUS PROVISIONS

                    PART A--AMENDMENTS TO OTHER LAWS

           Subpart 1--McKinney-Vento Homeless Assistance Act

SEC. 11011. SHORT TITLE.

    This subpart may be cited as the ``McKinney-Vento Homeless 
Education Reauthorization Act of 2011''.

SEC. 11012. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.

    Subtitle B of title VII of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11431 et seq.) is amended to read as follows:

        ``Subtitle B--Education for Homeless Children and Youth

``SEC. 721. STATEMENT OF POLICY.

    ``The following is the policy of Congress:
            ``(1) Each State shall ensure that each homeless child and 
        youth has access to the same free appropriate public education, 
        including a public preschool education, as is provided to other 
        children and youth.
            ``(2) In any State where compulsory residency requirements 
        or other requirements of laws, regulations, practices, or 
        policies may act as a barrier to the identification, 
        enrollment, attendance, or success in school of homeless 
        children and youth, the State shall review and revise such 
        laws, regulations, practices, or policies to ensure that 
        homeless children and youth are afforded the same free 
        appropriate public education as is provided to other children 
        and youth.
            ``(3) Homelessness is not a sufficient reason to separate 
        students from the mainstream school environment.
            ``(4) Homeless children and youth shall have access to the 
        education and other services that such children and youth need 
        to ensure that such children and youth have an opportunity to 
        meet the same college and career ready State student academic 
        achievement standards to which all students are held.

``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF 
              HOMELESS CHILDREN AND YOUTH.

    ``(a) General Authority.--The Secretary is authorized to make 
grants to States from allotments made under subsection (c) and in 
accordance with this section to enable such States to carry out the 
activities described in subsections (d) through (h).
    ``(b) Application.--In order for a State to be eligible to receive 
a grant under this section, the State educational agency, in 
consultation with other relevant State agencies, shall submit an 
application to the Secretary at such time, in such manner, and 
containing or accompanied by such information as the Secretary may 
reasonably require.
    ``(c) Allocation and Reservations.--
            ``(1) Allocation.--
                    ``(A) In general.--Subject to subparagraph (C), the 
                Secretary is authorized to allot to each State an 
                amount that bears the same ratio to the amount 
                appropriated for such year under section 726 that 
                remains after the Secretary reserves funds under 
                paragraph (2) and uses funds to carry out section 724 
                (d) and (h), as the amount allocated under section 1122 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6332) to the State for that year bears to 
                the total amount allocated under section 1122 of such 
                Act to all States for that year, except as provided in 
                subparagraph (B).
                    ``(B) Minimum allotments.--No State shall receive 
                for a fiscal year less under this paragraph than the 
                greater of--
                            ``(i) $150,000; or
                            ``(ii) an amount that bears the same ratio 
                        to the amount appropriated for such year under 
                        section 726 that remains after the Secretary 
                        reserves funds under paragraph (2) and uses 
                        funds to carry out section 724 (d) and (h), as 
                        the amount the State received under this 
                        paragraph for the preceding fiscal year bears 
                        to the total amount received by all States 
                        under this paragraph for the preceding fiscal 
                        year.
                    ``(C) Reduction for insufficient funds.--If there 
                are insufficient funds in a fiscal year to allot to 
                each State the minimum amount under subparagraph (B), 
                the Secretary shall ratably reduce the allotments to 
                all States based on the proportionate share that each 
                State received under this subsection for the preceding 
                fiscal year.
            ``(2) Reservations.--
                    ``(A) Students in territories.--The Secretary is 
                authorized to reserve 0.1 percent of the amount 
                appropriated for each fiscal year under section 726 to 
                be allocated by the Secretary among the United States 
                Virgin Islands, Guam, American Samoa, and the 
                Commonwealth of the Northern Mariana Islands, according 
                to their respective need for assistance under this 
                subtitle, as determined by the Secretary. Funds 
                allocated under this subparagraph shall be used for 
                programs that are consistent with the purposes of the 
                programs described in this subtitle.
                    ``(B) Indian students.--
                            ``(i) Transfer.--The Secretary shall 
                        transfer 1 percent of the amount appropriated 
                        for each fiscal year under section 726 to the 
                        Department of the Interior for programs that 
                        are for Indian students served by schools 
                        funded by the Secretary of the Interior, as 
                        determined under the Indian Self-Determination 
                        and Education Assistance Act (25 U.S.C. 450 et 
                        seq.), and that are consistent with the 
                        purposes of the programs described in this 
                        subtitle.
                            ``(ii) Agreement.--The Secretary of 
                        Education and the Secretary of the Interior 
                        shall enter into an agreement, consistent with 
                        the requirements of this subtitle, for the 
                        distribution and use of the funds described in 
                        clause (i) under terms that the Secretary of 
                        Education determines best meet the purposes of 
                        the programs described in this subtitle. Such 
                        agreement shall set forth the plans of the 
                        Secretary of the Interior for the use of the 
                        funds transferred, including appropriate goals, 
                        objectives, and milestones for that use.
    ``(d) State Activities.--Grant funds from a grant made to a State 
under this section shall be used for the following:
            ``(1) To provide activities for and services to improve the 
        identification of homeless children and youth and enable such 
        children and youth to enroll in, attend, and succeed in school.
            ``(2) To establish or designate an Office of the 
        Coordinator for Education of Homeless Children and Youth in the 
        State educational agency in accordance with subsection (f) that 
        has sufficient knowledge, authority, and time to carry out the 
        duties described in this subtitle.
            ``(3) To prepare and carry out the duties described in 
        subsection (f) in the State plan described in subsection (g).
            ``(4) To develop and implement professional development 
        activities for liaisons designated under subsection 
        (g)(1)(J)(ii), other local educational agency and school 
        personnel, and community agencies--
                    ``(A) to improve their identification of homeless 
                children and youth; and
                    ``(B) to improve their awareness of, and capacity 
                to respond to, specific needs in the education of 
                homeless children and youth.
    ``(e) State and Local Subgrants.--
            ``(1) Minimum disbursements by states.--From the grant 
        funds made available each year to a State under subsection (a) 
        to carry out this subtitle, the State educational agency--
                    ``(A) may use not more that 20 percent of the 
                State's allocation under subsection (c)(1) or $85,000, 
                whichever amount is greater, for State-level 
                activities; and
                    ``(B) shall use the remainder of the State's 
                allocation after using amounts for State-level 
                activities under subparagraph (A) to award subgrants to 
                local educational agencies for the purposes of carrying 
                out section 723.
            ``(2) Use by state educational agency.--A State educational 
        agency may use funds for State-level activities made available 
        under paragraph (1)(A) to conduct activities under subsection 
        (f) directly or through grants or contracts.
            ``(3) Prohibition on segregating homeless students.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in providing a free public education 
                to a homeless child or youth, no State receiving funds 
                under this subtitle shall segregate such child or youth 
                in a separate school, or in a separate program within a 
                school, based on such child's or youth's status as 
                homeless.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                paragraphs (1)(J)(i) and (3) of subsection (g), section 
                723(a)(2), and any other provision of this subtitle 
                relating to the placement of homeless children or 
                youths in schools, a State that has a separate school 
                for homeless children or youths that was operated in 
                fiscal year 2000 in a covered county shall be eligible 
                to receive funds under this subtitle for programs 
                carried out in such school if--
                            ``(i) the school meets the requirements of 
                        subparagraph (C);
                            ``(ii) any local educational agency serving 
                        a school that the homeless children and youths 
                        enrolled in the separate school are eligible to 
                        attend meets the requirements of subparagraph 
                        (E); and
                            ``(iii) the State is otherwise eligible to 
                        receive funds under this subtitle.
                    ``(C) School requirements.--For the State to be 
                eligible under subparagraph (B) to receive funds under 
                this subtitle, the school described in such 
                subparagraph shall--
                            ``(i) provide written notice, at the time 
                        any child or youth seeks enrollment in such 
                        school, and at least twice annually while the 
                        child or youth is enrolled in such school, to 
                        the parent or guardian of the child or youth 
                        (or, in the case of an unaccompanied youth, the 
                        youth) that--
                                    ``(I) shall be signed by the parent 
                                or guardian (or, in the case of an 
                                unaccompanied youth, the youth);
                                    ``(II) sets forth the general 
                                rights provided under this subtitle;
                                    ``(III) specifically states--
                                            ``(aa) the choice of 
                                        schools homeless children and 
                                        youths are eligible to attend, 
                                        as provided in subsection 
                                        (g)(4)(A);
                                            ``(bb) that no homeless 
                                        child or youth is required to 
                                        attend a separate school for 
                                        homeless children or youths;
                                            ``(cc) that homeless 
                                        children and youths shall be 
                                        provided comparable services 
                                        described in subsection (g)(5), 
                                        including transportation 
                                        services, educational services, 
                                        and meals through school meals 
                                        programs; and
                                            ``(dd) that homeless 
                                        children and youths should not 
                                        be stigmatized by school 
                                        personnel; and
                                    ``(IV) provides contact information 
                                for the local liaison for homeless 
                                children and youths and the State 
                                Coordinator for Education of Homeless 
                                Children and Youths;
                            ``(ii)(I) provide assistance to the parent 
                        or guardian of each homeless child or youth 
                        (or, in the case of an unaccompanied youth, the 
                        youth) to exercise the right to attend the 
                        parent's or guardian's (or youth's) choice of 
                        schools, as provided in subsection (g)(4)(A); 
                        and
                            ``(II) coordinate with the local 
                        educational agency with jurisdiction for the 
                        school selected by the parent or guardian (or 
                        youth), to provide transportation and other 
                        necessary services;
                            ``(iii) ensure that the parent or guardian 
                        (or, in the case of an unaccompanied youth, the 
                        youth) shall receive the information required 
                        by this subparagraph in a manner and form 
                        understandable to such parent or guardian (or 
                        youth), including, if necessary and to the 
                        extent feasible, in the native language of such 
                        parent or guardian (or youth); and
                            ``(iv) demonstrate in the school's 
                        application for funds under this subtitle that 
                        such school--
                                    ``(I) is complying with clauses (i) 
                                and (ii); and
                                    ``(II) is meeting (as of the date 
                                of submission of the application) the 
                                same Federal and State standards, 
                                regulations, and mandates as other 
                                public schools in the State (such as 
                                complying with sections 1111 and 1116 
                                of the Elementary and Secondary 
                                Education Act of 1965 and providing a 
                                full range of education and related 
                                services, including services applicable 
                                to students with disabilities).
                    ``(D) School ineligibility.--A separate school 
                described in subparagraph (B) that fails to meet the 
                standards, regulations, and mandates described in 
                subparagraph (C)(iv)(II) shall not be eligible to 
                receive funds under this subtitle for programs carried 
                out in such school after the first date of such 
                failure.
                    ``(E) Local educational agency requirements.--For 
                the State to be eligible to receive the funds described 
                in subparagraph (B), the local educational agency 
                described in subparagraph (B)(ii) shall--
                            ``(i) implement a coordinated system for 
                        ensuring that homeless children and youths--
                                    ``(I) are advised of the choice of 
                                schools provided in subsection 
                                (g)(4)(A);
                                    ``(II) are immediately enrolled, in 
                                accordance with subsection (g)(4)(C), 
                                in the school selected under subsection 
                                (g)(4)(A); and
                                    ``(III) are promptly provided 
                                necessary services described in 
                                subsection (g)(5), including 
                                transportation, to allow homeless 
                                children and youths to exercise their 
                                choices of schools under subsection 
                                (g)(4)(A);
                            ``(ii) document that written notice has 
                        been provided--
                                    ``(I) in accordance with 
                                subparagraph (C)(i) for each child or 
                                youth enrolled in a separate school 
                                under subparagraph (B); and
                                    ``(II) in accordance with 
                                subsection (g)(7)(A)(vi);
                            ``(iii) prohibit schools within the 
                        agency's jurisdiction from referring homeless 
                        children or youths to, or requiring homeless 
                        children and youths to enroll in or attend, a 
                        separate school described in subparagraph (B);
                            ``(iv) identify and remove any barriers 
                        that exist in schools within the agency's 
                        jurisdiction that may have contributed to the 
                        creation or existence of separate schools 
                        described in subparagraph (B); and
                            ``(v) not use funds received under this 
                        subtitle to establish--
                                    ``(I) new or additional separate 
                                schools for homeless children or 
                                youths; or
                                    ``(II) new or additional sites for 
                                separate schools for homeless children 
                                or youths, other than the sites 
                                occupied by the schools described in 
                                subparagraph (B) in fiscal year 2000.
                    ``(F) Report.--
                            ``(i) Preparation.--The Secretary shall 
                        prepare a report on the separate schools and 
                        local educational agencies described in 
                        subparagraph (B) that receive funds under this 
                        subtitle in accordance with this paragraph. The 
                        report shall contain, at a minimum, information 
                        on--
                                    ``(I) compliance with all 
                                requirements of this paragraph;
                                    ``(II) barriers to school access in 
                                the school districts served by the 
                                local educational agencies; and
                                    ``(III) the progress the separate 
                                schools are making in integrating 
                                homeless children and youths into the 
                                mainstream school environment, 
                                including the average length of student 
                                enrollment in such schools.
                            ``(ii) Compliance with information 
                        requests.--For purposes of enabling the 
                        Secretary to prepare the report, the separate 
                        schools and local educational agencies shall 
                        cooperate with the Secretary and the State 
                        Coordinator for Education of Homeless Children 
                        and Youths established in the State under 
                        subsection (d)(2), and shall comply with any 
                        requests for information by the Secretary and 
                        State Coordinator for such State.
                            ``(iii) Submission.--The Secretary shall 
                        submit the report described in clause (i) to--
                                    ``(I) the President;
                                    ``(II) the Committee on Education 
                                and the Workforce of the House of 
                                Representatives; and
                                    ``(III) the Committee on Health, 
                                Education, Labor, and Pensions of the 
                                Senate.
                    ``(G) Definition.--For purposes of this paragraph, 
                the term `covered county' means--
                            ``(i) San Joaquin County, California;
                            ``(ii) Orange County, California;
                            ``(iii) San Diego County, California; and
                            ``(iv) Maricopa County, Arizona.
    ``(f) Functions of the Office of the Coordinator.--The Coordinator 
for Education of Homeless Children and Youth established in each State 
shall--
            ``(1) gather and make publicly available reliable, valid, 
        and comprehensive information on--
                    ``(A) the nature and extent of the problems 
                homeless children and youth have in gaining access to 
                public preschool programs, and to public elementary 
                schools and secondary schools;
                    ``(B) the difficulties in identifying the special 
                needs and barriers to participation and achievement of 
                such children and youth;
                    ``(C) any progress made by the State educational 
                agency and local educational agencies in the State in 
                addressing such problems and difficulties; and
                    ``(D) the success of the programs under this 
                subtitle in identifying homeless children and youth and 
                allowing homeless children and youth to enroll in, 
                attend, and succeed in, school; and
            ``(2) develop and carry out the State plan described in 
        subsection (g);
            ``(3) collect data for and transmit to the Secretary, at 
        such time and in such manner as the Secretary may require, 
        reports containing such information as the Secretary determines 
        is necessary to assess the educational needs of homeless 
        children and youth within the State, including data requested 
        pursuant to subsection (h) of section 724;
            ``(4) improve the provision of comprehensive education and 
        related support services to homeless children and youth and 
        their families, and to minimize educational disruption, through 
        coordination of activities, and collaboration with--
                    ``(A) educators, including teachers, 
                administrators, special education personnel, and child 
                development and preschool program personnel;
                    ``(B) providers of services to homeless children 
                and youth and homeless families, public and private 
                child welfare and social services agencies, law 
                enforcement agencies, juvenile and family courts, 
                agencies providing mental health services, domestic 
                violence agencies, child care providers, runaway and 
                homeless youth centers, and providers of services and 
                programs funded under the Runaway and Homeless Youth 
                Act (42 U.S.C. 5701 et seq.);
                    ``(C) providers of emergency, transitional, and 
                permanent housing to homeless children and youth, and 
                their families, including public housing agencies, 
                shelter operators, operators of transitional housing 
                facilities, and providers of transitional living 
                programs for homeless youth;
                    ``(D) local educational agency liaisons designated 
                under subsection (g)(1)(J)(ii) for homeless children 
                and youth; and
                    ``(E) community organizations and groups 
                representing homeless children and youth and their 
                families;
            ``(5) provide professional development and technical 
        assistance to and conduct monitoring of local educational 
        agencies, in coordination with local educational agency 
        liaisons designated under subsection (g)(1)(J)(ii), to ensure 
        that local educational agencies comply with the requirements of 
        paragraphs (3) through (7) of subsection (g), and subsection 
        (h); and
            ``(6) make opportunities available for teachers and local 
        educational agency liaisons designated under subsection 
        (g)(1)(J)(ii) to participate in ongoing and relevant 
        professional development programs and activities.
    ``(g) State Plan.--
            ``(1) In general.--Each State shall submit to the Secretary 
        and implement a plan to provide for the education of all 
        homeless children and youth within the State. Such plan shall 
        include the following:
                    ``(A) A description of how such children and youth 
                are (or will be) given the opportunity--
                            ``(i) to meet the same college and career 
                        ready State student academic achievement 
                        standards as all students are expected to meet; 
                        and
                            ``(ii) to become college and career ready.
                    ``(B) A description of the procedures the State 
                educational agency will use, in coordination with local 
                educational agencies, to identify such children and 
                youth in the State and to assess their needs.
                    ``(C) A description of procedures for the prompt 
                resolution of disputes arising under this subtitle, 
                which shall--
                            ``(i) be developed in coordination and 
                        collaboration with the liaisons designated 
                        under subparagraph (J)(ii);
                            ``(ii) be readily available and provided in 
                        a written format and, to the extent 
                        practicable, in a manner and form 
                        understandable to the parents and guardians of 
                        homeless children and youth;
                            ``(iii) take into account the educational 
                        best interest of the homeless child or youth, 
                        or unaccompanied youth, involved; and
                            ``(iv) ensure that parents and guardians of 
                        homeless children and youth, and unaccompanied 
                        youth, who have exhausted the procedures 
                        available under this paragraph are able to 
                        appeal to the State educational agency, and are 
                        enrolled in school pursuant to paragraph (4)(C) 
                        and receive transportation pursuant to 
                        subparagraph (J)(iii) pending final resolution 
                        of the dispute.
                    ``(D) A description of programs for school 
                personnel (including the liaisons, principals, 
                attendance officers, teachers, enrollment personnel, 
                and specialized instructional support personnel) to 
                increase the awareness of such personnel of the 
                specific needs of homeless adolescents, including 
                runaway and homeless youth.
                    ``(E) A description of procedures that ensure that 
                homeless children and youth are able to participate in 
                Federal, State, or local nutrition programs.
                    ``(F) A description of procedures that ensure 
                that--
                            ``(i) homeless children have access to 
                        public preschool programs, administered by the 
                        State educational agency or local educational 
                        agency, including through the policies and 
                        practices required under paragraph (3);
                            ``(ii) homeless youth, including youth 
                        separated from public schools, are identified 
                        and accorded equal access to appropriate and 
                        available secondary education and support 
                        services, including receiving appropriate 
                        credit for full or partial coursework 
                        satisfactorily completed while attending a 
                        prior school, and for work completed after 
                        their enrollment in a new school, consistent 
                        with State graduation requirements and 
                        accreditation standards; and
                            ``(iii) homeless children and youth who 
                        meet the relevant eligibility criteria are able 
                        to participate in Federal, State, or local 
                        before- and after-school care, magnet schools, 
                        summer schools, career and technical education, 
                        advanced placement, online learning 
                        opportunities, charter school programs, and 
                        relevant workforce investment programs.
                    ``(G) Strategies to address problems identified in 
                the reports provided to the Secretary under subsection 
                (f)(3).
                    ``(H) Strategies to address other problems with 
                respect to the education of homeless children and 
                youth, including enrollment problems related to--
                            ``(i) immunization and other required 
                        health records and screenings;
                            ``(ii) residency requirements;
                            ``(iii) lack of birth certificates, school 
                        records, or other documentation;
                            ``(iv) guardianship issues; or
                            ``(v) uniform or dress code requirements.
                    ``(I) A demonstration that the State educational 
                agency, and local educational agencies and schools in 
                the State, have developed and shall regularly review 
                and revise their policies and practices to remove 
                barriers to the identification, enrollment, attendance, 
                retention, and success of homeless children and youth 
                in schools in the State.
                    ``(J) Assurances that the following will be carried 
                out:
                            ``(i) The State educational agency and 
                        local educational agencies in the State will 
                        adopt policies and practices to ensure that 
                        homeless children and youth are not stigmatized 
                        or segregated on the basis of their status as 
                        homeless.
                            ``(ii) Local educational agencies will 
                        designate an appropriate staff person as the 
                        local educational agency liaison for homeless 
                        children and youth, who shall have sufficient 
                        training and time to carry out the duties 
                        described in paragraph (7)(A), and who may also 
                        be a coordinator for other Federal programs.
                            ``(iii) The State and local educational 
                        agencies in the State will adopt policies and 
                        practices to ensure that transportation is 
                        provided at the request of the parent or 
                        guardian involved (or in the case of an 
                        unaccompanied youth, the liaison), to and from 
                        the school of origin, for as long as the 
                        student has the right to attend the school of 
                        origin as determined in paragraph (4)(A), in 
                        accordance with the following, as applicable:
                                    ``(I) If the child or youth 
                                continues to live in the area served by 
                                the local educational agency for the 
                                school of origin, the child's or 
                                youth's transportation to and from the 
                                school of origin shall be provided or 
                                arranged by the local educational 
                                agency for the school of origin.
                                    ``(II) If the child's or youth's 
                                living arrangements in the area served 
                                by the local educational agency of 
                                origin terminate and the child or 
                                youth, though continuing the child's or 
                                youth's education in the school of 
                                origin, begins living in an area served 
                                by another local educational agency, 
                                the local educational agency of origin 
                                and the local educational agency for 
                                the area in which the child or youth is 
                                living shall agree upon a method to 
                                apportion the responsibility and cost 
                                for providing transportation to and 
                                from the school of origin. If the local 
                                educational agencies are unable to 
                                agree upon such method, the 
                                responsibility and costs for 
                                transportation shall be shared equally 
                                between the agencies.
                            ``(iv) School success.--The State 
                        educational agency and local educational 
                        agencies will adopt policies and practices to 
                        promote school success for homeless children 
                        and youth, including access to full 
                        participation in academic and extracurricular 
                        activities that are made available to non-
                        homeless students.
            ``(2) Compliance.--
                    ``(A) In general.--Each plan adopted under this 
                subsection shall also describe how the State will 
                ensure that local educational agencies in the State 
                will comply with the requirements of paragraphs (3) 
                through (7).
                    ``(B) Coordination.--Such plan shall indicate what 
                technical assistance the State will furnish to local 
                educational agencies and how compliance efforts will be 
                coordinated with the local educational agency liaisons 
                designated under paragraph (1)(J)(ii).
            ``(3) School readiness for homeless children.--Each State 
        plan adopted under this subsection shall ensure that entities 
        carrying out preschool programs funded, administered, or 
        overseen by the agency involved--
                    ``(A) shall not be required to enroll a homeless 
                child immediately in an early learning program that is 
                operating at full capacity when the child seeks to 
                enroll;
                    ``(B) identify and prioritize homeless children for 
                enrollment and increase their enrollment and attendance 
                in early learning programs, including through policies 
                such as--
                            ``(i) reserving spaces in preschool 
                        programs for homeless children;
                            ``(ii) conducting targeted outreach to 
                        homeless children and their families;
                            ``(iii) waiving application deadlines;
                            ``(iv) providing ongoing professional 
                        development for staff regarding the needs of 
                        homeless children and their families and 
                        strategies to serve the children and families; 
                        and
                            ``(v) developing the capacity to serve all 
                        identified homeless children; and
                    ``(C) review the educational and related needs of 
                homeless children and their families in such agency's 
                service area, in coordination with the liaison 
                designated under paragraph (1)(J)(ii).
            ``(4) Local educational agency requirements.--
                    ``(A) In general.--The local educational agency 
                serving each child or youth to be assisted under this 
                subtitle shall, according to the child's or youth's 
                best interest--
                            ``(i) continue the child's or youth's 
                        education in the school of origin for the 
                        duration of homelessness--
                                    ``(I) in any case in which the 
                                child or youth becomes a homeless child 
                                or youth between academic years or 
                                during an academic year; and
                                    ``(II) for the remainder of the 
                                academic year, if the child or youth 
                                becomes permanently housed during an 
                                academic year; or
                            ``(ii) enroll the child or youth in any 
                        public school that nonhomeless students who 
                        live in the attendance area in which the child 
                        or youth is actually living are eligible to 
                        attend.
                    ``(B) Best interest in school stability.--In 
                determining the best interest of the child or youth 
                under subparagraph (A), the local educational agency 
                shall--
                            ``(i) presume that keeping a homeless child 
                        or youth in the school of origin is in the 
                        child's or youth's best interest, except when 
                        doing so is contrary to the wishes of the 
                        child's or youth's parent or guardian;
                            ``(ii) consider student-centered factors 
                        related to the child's or youth's best 
                        interest, including factors related to the 
                        impact of mobility on achievement, education, 
                        health, and safety of homeless children and 
                        youth, giving priority to the wishes of the 
                        homeless child's or youth's parent or guardian 
                        or the unaccompanied youth involved;
                            ``(iii) if, after conducting the best 
                        interest determination described in clause 
                        (ii), the local educational agency determines 
                        that it is not in the child's or youth's best 
                        interest to attend the school of origin or the 
                        school requested by the parent, guardian, or 
                        unaccompanied youth, provide, in coordination 
                        with the local education agency liaison, the 
                        homeless child's or youth's parent or guardian 
                        or the unaccompanied youth, with a written 
                        explanation in a manner or form understandable 
                        to such parent, guardian, or youth, to the 
                        extent practicable, including a statement 
                        regarding the right to appeal under 
                        subparagraph (E);
                            ``(iv) in the case of an unaccompanied 
                        youth, ensure that the local educational agency 
                        liaison assists in placement or enrollment 
                        decisions under this subparagraph, gives 
                        priority to the views of such unaccompanied 
                        youth, and provides notice to such youth of the 
                        right to appeal under subparagraph (E); and
                            ``(v) provide transportation pursuant to 
                        paragraphs (1)(J)(iii) and (4).
                    ``(C) Enrollment.--
                            ``(i) Enrollment.--The school selected in 
                        accordance with this paragraph shall 
                        immediately enroll the homeless child or youth, 
                        even if the child or youth--
                                    ``(I) is unable to produce records 
                                traditionally required for enrollment, 
                                including previous academic records, 
                                health records, proof of residency or 
                                guardianship, or other documentation;
                                    ``(II) has unpaid fines or fees 
                                from prior schools or is unable to pay 
                                fees in the school selected; or
                                    ``(III) has missed application or 
                                enrollment deadlines during any period 
                                of homelessness.
                            ``(ii) Contacting school last attended.--
                        The enrolling school shall immediately contact 
                        the school last attended by the child or youth 
                        to obtain relevant academic and other records.
                            ``(iii) Relevant health records.--If the 
                        child or youth needs to obtain immunizations or 
                        other required health records, the enrolling 
                        school shall immediately refer the parent or 
                        guardian of the child or youth, or the 
                        unaccompanied youth, to the local educational 
                        agency liaison designated under paragraph 
                        (1)(J)(ii), who shall assist in obtaining 
                        necessary immunizations or screenings, or 
                        immunization or other required health records 
                        in accordance with subparagraph (D).
                            ``(iv) No liability.--Whenever the school 
                        selected enrolls an unaccompanied youth in 
                        accordance with this paragraph, no liability 
                        shall be imposed upon the school by reason of 
                        enrolling the youth without parent or guardian 
                        consent.
                    ``(D) Records.--Any record ordinarily kept by the 
                school, including immunizations or medical records, 
                academic records, birth certificates, guardianship 
                records, and evaluations for special services or 
                programs, regarding each homeless child or youth shall 
                be maintained--
                            ``(i) so that the records involved are 
                        available when a homeless child or youth enters 
                        a new school or school district, even if the 
                        child or youth owes fees or fines or did not 
                        withdraw from the previous school in 
                        conformance with local withdrawal procedures; 
                        and
                            ``(ii) in a manner consistent with section 
                        444 of the General Education Provisions Act (20 
                        U.S.C. 1232g).
                    ``(E) Disputes.--If a dispute arises over 
                eligibility, enrollment, school selection, or service 
                in a public school or public preschool, or any other 
                issue relating to services under this subtitle--
                            ``(i) in the case of a dispute relating to 
                        eligibility for enrollment or school selection, 
                        the child or youth shall be immediately 
                        enrolled in the school in which enrollment is 
                        sought, pending final resolution of the dispute 
                        including all available appeals;
                            ``(ii) the parent or guardian of the child 
                        or youth shall be provided with a written 
                        explanation of the school's decision regarding 
                        eligibility for enrollment, school selection, 
                        or services, made by the school or the local 
                        educational agency, which shall include 
                        information about the right to appeal the 
                        decision;
                            ``(iii) the child, youth, parent, or 
                        guardian shall be referred to the local 
                        educational agency liaison designated under 
                        paragraph (1)(J)(ii), who shall carry out the 
                        dispute resolution process as described in 
                        paragraph (1)(C) as expeditiously as possible 
                        after receiving notice of such dispute; and
                            ``(iv) in the case of an unaccompanied 
                        youth, the liaison shall ensure that the youth 
                        is immediately enrolled in school pending 
                        resolution of such dispute.
                    ``(F) Placement choice.--The choice regarding 
                placement shall be made regardless of whether the child 
                or youth involved lives with the homeless parents or 
                has been temporarily placed elsewhere.
                    ``(G) School of origin defined.--In this paragraph, 
                the term `school of origin' means the school that the 
                child or youth attended when permanently housed or the 
                school in which the child or youth was last enrolled.
                    ``(H) Contact information.--Nothing in this 
                subtitle shall prohibit a local educational agency from 
                requiring a parent or guardian of a homeless child to 
                submit contact information.
                    ``(I) Privacy.--Information about a homeless 
                child's or youth's living situation shall be treated as 
                a student education record under section 444 of the 
                General Education Provisions Act (20 U.S.C. 1232g) and 
                shall not be released to housing providers, employers, 
                law enforcement personnel, or other persons or agencies 
                not authorized to have such information under section 
                99.31 of title 34, Code of Federal Regulations, paying 
                particular attention to preventing disruption of the 
                living situation of the child or youth and to 
                supporting the safety of such children and youth who 
                are survivors of domestic violence and unaccompanied 
                youth.
                    ``(J) Academic achievement.--The school selected in 
                accordance with this paragraph shall ensure that 
                homeless children and youth have opportunities to meet 
                the same college and career ready State student 
                academic achievement standards to which other students 
                are held, including implementing the policies and 
                practices required by paragraph (1)(J)(iv).
                    ``(K) School readiness for homeless children.--Each 
                local educational agency shall ensure school readiness 
                for homeless children as described in paragraph (3).
            ``(5) Comparable services.--In addition to receiving 
        services provided for homeless children and youth under this 
        subtitle or other Federal, State, or local laws, regulations, 
        policies, or practices, each homeless child or youth to be 
        assisted under this subtitle also shall be provided services 
        comparable to services offered to other students in the school 
        selected under paragraph (4), including the following:
                    ``(A) Transportation services.
                    ``(B) Educational services for which the child or 
                youth meets the eligibility criteria, including 
                services provided under title I of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6301 et 
                seq.), similar State or local programs, charter 
                schools, magnet schools, educational programs for 
                children with disabilities, and educational programs 
                for students with limited English proficiency.
                    ``(C) Programs in career and technical education.
                    ``(D) Programs for gifted and talented students.
                    ``(E) School nutrition programs.
                    ``(F) Health and counseling services, as 
                appropriate.
            ``(6) Coordination.--
                    ``(A) In general.--Each local educational agency 
                shall coordinate--
                            ``(i) the provision of services under this 
                        subtitle with the services of local social 
                        services agencies and other agencies or 
                        entities providing services to homeless 
                        children and youth and their families, 
                        including services and programs funded under 
                        the Runaway and Homeless Youth Act (42 U.S.C. 
                        5701 et seq.); and
                            ``(ii) transportation, transfer of school 
                        records, and other interdistrict activities, 
                        with other local educational agencies.
                    ``(B) Housing assistance.--Each State educational 
                agency and local educational agency that receives 
                assistance under this subtitle shall coordinate, if 
                applicable, with State and local housing agencies 
                responsible for developing a comprehensive housing 
                affordability strategy described in section 105 of the 
                Cranston-Gonzalez National Affordable Housing Act (42 
                U.S.C. 12705) to minimize education disruption for 
                children and youth who become homeless.
                    ``(C) Coordination purpose.--The coordination 
                required under subparagraphs (A) and (B) shall be 
                designed to--
                            ``(i) ensure that all homeless children and 
                        youth are identified within a reasonable time 
                        frame;
                            ``(ii) ensure that homeless children and 
                        youth have access to and are in reasonable 
                        proximity to available education and related 
                        support services; and
                            ``(iii) raise the awareness of school 
                        personnel and service providers of the effects 
                        of short-term stays in a shelter and other 
                        challenges associated with homelessness.
                    ``(D) Homeless children and youths with 
                disabilities.--For children and youth who are to be 
                assisted both under this subtitle, and under the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1400 et seq.) or section 504 of the Rehabilitation Act 
                of 1973 (29 U.S.C. 794), each local educational agency 
                shall coordinate the provision of services under this 
                subtitle with the provision of programs for children 
                with disabilities served by such local educational 
                agency and other involved local educational agencies.
            ``(7) Local educational agency liaison.--
                    ``(A) Duties.--Each local educational agency 
                liaison for homeless children and youth, designated 
                under paragraph (1)(J)(ii), shall ensure that--
                            ``(i) all homeless children and youth are 
                        identified by school personnel and through 
                        outreach and coordination activities with other 
                        entities and agencies;
                            ``(ii) homeless children and youth are 
                        enrolled in, and have a full and equal 
                        opportunity to succeed in, schools of that 
                        local educational agency;
                            ``(iii) homeless families, and homeless 
                        children and youth, have access to educational 
                        services for which such families, children, and 
                        youth are eligible, including services through 
                        Head Start, Early Head Start, early 
                        intervention, and Even Start programs, and 
                        preschool programs described in paragraph (3);
                            ``(iv) homeless families, and homeless 
                        children and youth receive referrals to health 
                        care services, dental services, mental health 
                        and substance abuse services, housing services, 
                        and other appropriate services;
                            ``(v) the parents or guardians of homeless 
                        children and youth are informed of the 
                        educational and related opportunities available 
                        to their children, including early learning 
                        opportunities, and are provided with meaningful 
                        opportunities to participate in the education 
                        of their children;
                            ``(vi) public notice of the educational 
                        rights of homeless children and youth is 
                        incorporated into documents related to 
                        residency requirements or enrollment, provided 
                        upon school enrollment and withdrawal, posted 
                        on the local educational agency's website, and 
                        disseminated in locations frequented by parents 
                        or guardians of such children and youth, and 
                        unaccompanied youth, including schools, 
                        shelters, public libraries, and soup kitchens, 
                        in a manner and form understandable to parents 
                        and guardians of homeless children and youth 
                        and unaccompanied youth;
                            ``(vii) disputes are resolved in accordance 
                        with paragraph (4)(E);
                            ``(viii) the parent or guardian of a 
                        homeless child or youth, and any unaccompanied 
                        youth, is fully informed of all transportation 
                        services, including transportation to the 
                        school of origin, as described in paragraph 
                        (1)(J)(iii), and is assisted in accessing 
                        transportation to the school that is selected 
                        under paragraph (4)(A);
                            ``(ix) school personnel are adequately 
                        prepared to implement this subtitle and receive 
                        professional development, resource materials, 
                        technical assistance, and other support; and
                            ``(x) unaccompanied youth--
                                    ``(I) are enrolled in school;
                                    ``(II) have opportunities to meet 
                                the same college and career ready State 
                                student academic achievement standards 
                                to which other students are held, 
                                including through implementation of the 
                                policies and practices required by 
                                subparagraphs (F)(ii) and (J)(iv) of 
                                paragraph (1); and
                                    ``(III) are informed of their 
                                status as independent students under 
                                section 480 of the Higher Education Act 
                                of 1965 (20 U.S.C. 1087vv), including 
                                through school counselors that have 
                                received professional development about 
                                unaccompanied youth, and receive 
                                verification of such status for 
                                purposes of the Free Application for 
                                Federal Student Aid described in 
                                section 483 of such Act (20 U.S.C. 
                                1090).
                    ``(B) Notice.--State Coordinators appointed under 
                subsection (d)(3) and local educational agencies shall 
                inform school personnel, service providers, and 
                advocates working with homeless families and homeless 
                children and youth of the contact information and 
                duties of the local educational agency liaisons, 
                including publishing an annually updated list of the 
                liaisons on the State educational agency's website.
                    ``(C) Local and state coordination.--The local 
                educational agency liaisons shall, as a part of their 
                duties, coordinate and collaborate with the State 
                Coordinators and community and school personnel 
                responsible for the provision of education and related 
                support services to homeless children and youth. Such 
                coordination shall include collecting and providing to 
                the State Coordinator the reliable, valid, and 
                comprehensive data needed to meet the requirements of 
                paragraphs (1) and (3) of subsection (f).
                    ``(D) Professional development.--The local 
                educational agency liaisons shall participate, as 
                appropriate, in the professional development and other 
                technical assistance activities provided by the State 
                Coordinator pursuant to subsection (f)(5).
    ``(h) Special Rule for Emergency Assistance.--
            ``(1) Emergency assistance.--
                    ``(A) Reservation of amounts.--Subject to paragraph 
                (4) and notwithstanding any other provision of this 
                title, the Secretary shall use funds appropriated under 
                section 726 for fiscal year 2012, for the purposes of 
                providing emergency assistance through grants.
                    ``(B) General authority.--The Secretary may use the 
                funds to make grants to State educational agencies 
                under paragraph (2), to enable the agencies to make 
                subgrants to local educational agencies under paragraph 
                (3), to provide activities described in section 723(d) 
                for individuals referred to in subparagraph (C).
                    ``(C) Eligible individuals.--Funds made available 
                under this subsection shall be used to provide such 
                activities for eligible individuals, consisting of 
                homeless children and youths, and their families, who--
                            ``(i) have become homeless due to home 
                        foreclosure, including children and youths, and 
                        their families, who became homeless when 
                        lenders foreclosed on properties rented by the 
                        families; or
                            ``(ii) have become homeless due to a major 
                        disaster, including natural disasters such as 
                        hurricanes, tornadoes, and floods, or man-made 
                        disasters such as acts of terrorism.
            ``(2) Grants to state educational agencies.--
                    ``(A) Disbursement.--The Secretary shall make 
                grants with funds provided under paragraph (1)(A) to 
                State educational agencies based on need, consistent 
                with the number of eligible individuals described in 
                paragraph (1)(C) in the States involved, as determined 
                by the Secretary.
                    ``(B) Assurance.--To be eligible to receive a grant 
                under this paragraph, a State educational agency shall 
                provide an assurance to the Secretary that the State 
                educational agency, and each local educational agency 
                receiving a subgrant from the State educational agency 
                under this subsection shall ensure that the activities 
                carried out under this subsection are consistent with 
                the activities described in section 723(d).
            ``(3) Subgrants to local educational agencies.--A State 
        educational agency that receives a grant under paragraph (2) 
        shall use the funds made available through the grant to make 
        subgrants to local educational agencies. The State educational 
        agency shall make the subgrants to local educational agencies 
        based on need, consistent with the number of eligible 
        individuals described in paragraph (1)(C) in the areas served 
        by the local educational agencies, as determined by the State 
        educational agency.
            ``(4) Restriction.--The Secretary--
                    ``(A) shall determine the amount (if any) by which 
                the funds appropriated under section 726 for fiscal 
                year 2009 exceed $70,000,000; and
                    ``(B) may only use funds from that amount to carry 
                out this subsection.
    ``(i) School Readiness for Homeless Children.--Each State 
educational agency and local educational agency receiving assistance 
under this subtitle shall ensure that programs serving public preschool 
children comply with the requirements of this subtitle.

``SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF 
              HOMELESS CHILDREN AND YOUTH.

    ``(a) General Authority.--
            ``(1) In general.--The State educational agency shall, in 
        accordance with section 722(e), and from amounts made available 
        to such agency under section 726, make subgrants to local 
        educational agencies for the purpose of facilitating the 
        identification, enrollment, attendance, and success in school 
        of homeless children and youth.
            ``(2) Services.--
                    ``(A) In general.--Services under paragraph (1)--
                            ``(i) may be provided through programs on 
                        school grounds or at other facilities; and
                            ``(ii) shall, to the maximum extent 
                        practicable, be provided through existing 
                        programs and mechanisms that integrate homeless 
                        children and youth with nonhomeless children 
                        and youth.
                    ``(B) Services on school grounds.--If services 
                under paragraph (1) are provided to homeless children 
                and youth on school grounds, the school involved may 
                use funds under this subtitle to provide the same 
                services to other children and youth who are determined 
                by the local educational agency serving the school to 
                be at risk of failing in, or dropping out of, school.
            ``(3) Requirement.--Services provided under this section 
        shall not replace the regular academic program and shall be 
        designed to expand upon or improve services provided as part of 
        the school's regular academic program.
            ``(4) Duration of grants.--Subgrants awarded under this 
        section shall be for terms of not to exceed 3 years.
    ``(b) Application.--A local educational agency that desires to 
receive a subgrant under this section shall submit an application to 
the State educational agency at such time, in such manner, and 
containing or accompanied by such information as the State educational 
agency may reasonably require. Such application shall include the 
following:
            ``(1) An assessment of the educational and related needs of 
        homeless children and youth in the area served by the local 
        educational agency (which may be undertaken as part of a needs 
        assessment for another disadvantaged group).
            ``(2) A description of the services and programs for which 
        assistance is sought to address the needs identified in 
        paragraph (1).
            ``(3) An assurance that the local educational agency's 
        combined fiscal effort per student, or the aggregate 
        expenditures of that agency and the State with respect to the 
        provision of free public education by such agency for the 
        fiscal year preceding the fiscal year for which the subgrant 
        determination is made, was not less than 90 percent of such 
        combined fiscal effort or aggregate expenditures for the second 
        fiscal year preceding the fiscal year for which the 
        determination is made.
            ``(4) An assurance that the applicant complies with, or 
        will use requested funds to comply with, paragraphs (3) through 
        (7) of section 722(g).
            ``(5) A description of policies and procedures that the 
        agency will implement to ensure that activities carried out by 
        the agency will not isolate or stigmatize homeless children and 
        youth.
            ``(6) An assurance that the local educational agency will 
        collect and promptly provide data requested by the State 
        Coordinator pursuant to paragraphs (1) and (3) of section 
        722(f).
            ``(7) An assurance that the local educational agency has 
        removed the policies and practices that have created barriers 
        to the identification, enrollment, attendance, retention, and 
        success in school of all homeless children and youth.
    ``(c) Awards.--
            ``(1) In general.--The State educational agency shall, in 
        accordance with the requirements of this subtitle and from 
        amounts made available to it under section 722(a), make 
        subgrants on a competitive basis to local educational agencies 
        that submit applications under subsection (b). Such subgrants 
        shall be awarded on the basis of the need of such agencies for 
        assistance under this subtitle and the quality of the 
        applications submitted.
            ``(2) Need.--
                    ``(A) In general.--In determining need under 
                paragraph (1), the State educational agency may 
                consider the number of homeless children and youth 
                enrolled in preschool, elementary schools, and 
                secondary schools within the area served by the local 
                educational agency, and shall consider the needs of 
                such children and youth and the ability of the local 
                educational agency to meet such needs.
                    ``(B) Other considerations.--The State educational 
                agency may also consider the following:
                            ``(i) The extent to which the proposed use 
                        of funds will facilitate the identification, 
                        enrollment, attendance, retention, and 
                        educational success of homeless children and 
                        youth.
                            ``(ii) The extent to which the application 
                        reflects coordination with other local and 
                        State agencies that serve homeless children and 
                        youth.
                            ``(iii) The extent to which the applicant 
                        exhibits in the application and in current 
                        practice (as of the date of submission of the 
                        application) a commitment to education for all 
                        homeless children and youth.
                            ``(iv) Such other criteria as the State 
                        agency determines to be appropriate.
            ``(3) Quality.--In determining the quality of applications 
        under paragraph (1), the State educational agency shall 
        consider each of the following:
                    ``(A) The applicant's needs assessment under 
                subsection (b)(2) and the likelihood that the program 
                presented in the application will meet such needs.
                    ``(B) The types, intensity, and coordination of the 
                services to be provided under the program.
                    ``(C) The extent to which the applicant will 
                promote meaningful involvement of parents or guardians 
                of homeless children or youth in the education of their 
                children.
                    ``(D) The extent to which homeless children and 
                youth will be integrated into the regular education 
                program involved.
                    ``(E) The quality of the applicant's evaluation 
                plan for the program.
                    ``(F) The extent to which services provided under 
                this subtitle will be coordinated with other services 
                available to homeless children and youth and their 
                families, including housing and social services and 
                services provided under the Individuals with 
                Disabilities Education Act (20 U.S.C. 1400 et seq.), 
                title I of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 6301 et seq.), and similar State and 
                local programs.
                    ``(G) The extent to which the local educational 
                agency will use the subgrant to leverage resources, 
                including by maximizing nonsubgrant funding for the 
                position of the liaison described in section 
                722(g)(1)(J)(ii) and the provision of transportation.
                    ``(H) The local educational agency's use of funds 
                to serve homeless children and youth under section 
                1113(c)(3) of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6313(c)(3)).
                    ``(I) The extent to which the applicant's program 
                meets such other measures as the State educational 
                agency considers to be indicative of a high-quality 
                program, including the extent to which the local 
                educational agency will provide services to 
                unaccompanied youth and preschool-aged children.
                    ``(J) The extent to which the application describes 
                how the applicant will meet the requirements of section 
                722(g)(4).
    ``(d) Authorized Activities.--A local educational agency may use 
funds awarded under this section for activities that carry out the 
purpose of this subtitle, including the following:
            ``(1) The provision of tutoring, supplemental instruction, 
        and enriched educational services that are linked to the 
        achievement of the same college and career ready State academic 
        content standards and college and career ready State student 
        academic achievement standards as the State establishes for 
        other children and youth.
            ``(2) The provision of expedited evaluations of the 
        strengths, needs, and eligibility of homeless children and 
        youth, including needs and eligibility for programs and 
        services (including educational programs for gifted and 
        talented students, children with disabilities, and students 
        with limited English proficiency, charter school programs, 
        magnet school programs, and programs in career and technical 
        education, and school nutrition programs).
            ``(3) Professional development and other activities for 
        educators and specialized instructional support personnel that 
        are designed to heighten the understanding and sensitivity of 
        such educators and personnel to the needs of homeless children 
        and youth, the rights of such children and youth under this 
        subtitle, and the specific educational needs of runaway and 
        homeless youth.
            ``(4) The provision of referral services to homeless 
        children and youth for medical, dental, mental, and other 
        health services.
            ``(5) The provision of assistance to defray the cost of 
        transportation under paragraphs (1)(J)(iii) and (5)(A) of 
        section 722(g), not otherwise provided through Federal, State, 
        or local funding.
            ``(6) The provision of developmentally appropriate early 
        childhood and care programs, not otherwise provided through 
        Federal, State, or local funding.
            ``(7) The provision of services and assistance to attract, 
        engage, and retain homeless children and youth, particularly 
        homeless children and youth who are not enrolled in school, in 
        public school programs and services provided to nonhomeless 
        children and youth.
            ``(8) The provision for homeless children and youth of 
        before- and after-school, mentoring, and summer programs in 
        which a teacher or other qualified individual provides 
        tutoring, homework assistance, and supervision of educational 
        activities.
            ``(9) If necessary, the payment of fees and other costs 
        associated with tracking, obtaining, and transferring records 
        necessary to facilitate the appropriate placement of homeless 
        children and youth in school, including birth certificates, 
        immunization or other required health records, academic 
        records, guardianship records, and evaluations for special 
        programs or services.
            ``(10) The provision of education and training to the 
        parents of homeless children and youth about the rights of, and 
        resources available to, such children and youth, and other 
        activities designed to increase the meaningful involvement of 
        families of homeless children or youth in the education of 
        their children.
            ``(11) The development of coordination of activities 
        between schools and agencies providing services to homeless 
        children and youth, as described in section 722(g)(6).
            ``(12) The provision of specialized instructional support 
        services (including counseling) and referrals for such 
        services.
            ``(13) Activities to address the particular needs of 
        homeless children and youth that may arise from domestic 
        violence and parental mental health or substance abuse 
        problems.
            ``(14) The adaptation of space and purchase of supplies for 
        any nonschool facilities made available under subsection (a)(2) 
        to provide services under this subsection.
            ``(15) The provision of school supplies, including supplies 
        to be distributed at shelters or temporary housing facilities, 
        or other appropriate locations.
            ``(16) The provision of assistance to defray the cost of 
        the position of liaison designated pursuant to section 
        722(g)(1)(J)(ii), not otherwise provided through Federal, 
        State, or local funding.
            ``(17) The provision of other extraordinary or emergency 
        assistance needed to enable homeless children and youth to 
        enroll, attend, and succeed in school, including in early 
        learning programs.

``SEC. 724. SECRETARIAL RESPONSIBILITIES.

    ``(a) Review of State Plans.--In reviewing the State plan submitted 
by a State educational agency under section 722(g), the Secretary shall 
use a peer review process and shall evaluate whether State laws, 
policies, and practices described in such plan adequately address the 
problems of all homeless children and youth relating to access to 
education and placement as described in such plan.
    ``(b) Technical Assistance.--The Secretary--
            ``(1) shall provide support and technical assistance to 
        State educational agencies to assist such agencies in carrying 
        out their responsibilities under this subtitle; and
            ``(2) may designate an individual who shall coordinate 
        services and activities for the education of homeless children 
        and youth.
    ``(c) Notice.--
            ``(1) In general.--The Secretary shall, before the next 
        school year that begins after the date of enactment of the 
        McKinney-Vento Homeless Education Reauthorization Act of 2011, 
        develop and disseminate a public notice of the educational 
        rights of homeless children and youth. The notice shall include 
        information regarding the definition of homeless children and 
        youth in section 725.
            ``(2) Dissemination.--The Secretary shall disseminate the 
        notice nationally. The Secretary also shall disseminate such 
        notice to heads of other Department of Education offices, 
        including those responsible for special education programs, 
        higher education, and programs under parts A, B, C, D, G, and H 
        of title I, title III, title IV, and part B of title V of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 
        et seq., 6361 et seq., 6391 et seq., 6421 et seq., 6531 et 
        seq., 6551 et seq., 6801 et seq., 7102 et seq., and 7221 et 
        seq.). The Secretary shall also disseminate such notice to 
        heads of other Federal agencies, and grant recipients and other 
        entities carrying out federally funded programs, including Head 
        Start programs, grant recipients under the Health Care for the 
        Homeless program of the Health Resources and Services 
        Administration of the Department of Health and Human Services, 
        grant recipients under the Emergency Food and Shelter National 
        Board Program of the Federal Emergency Management Agency, grant 
        recipients under the Runaway and Homeless Youth Act (42 U.S.C. 
        5701 et seq.), grant recipients under the John H. Chafee Foster 
        Care Independence program, grant recipients under homeless 
        assistance programs administered by the Department of Housing 
        and Urban Development, and recipients of Federal funding for 
        programs carried out by the Administration on Children, Youth 
        and Families of the Department of Health and Human Services.
    ``(d) Evaluation and Dissemination.--The Secretary shall conduct 
evaluation, dissemination, and technical assistance activities for 
programs that are designed to meet the educational needs of homeless 
preschool, elementary school, and secondary school students, and may 
use funds appropriated under section 726 to conduct such activities.
    ``(e) Submission and Distribution.--The Secretary shall require 
applications for grants under section 722 to be submitted to the 
Secretary not later than the expiration of the 120-day period beginning 
on the date that funds are available for purposes of making such grants 
and shall make such grants not later than the expiration of the 180-day 
period beginning on such date.
    ``(f) Determination by Secretary.--The Secretary, based on the 
information received from the States and information gathered by the 
Secretary under subsection (h), shall determine the extent to which 
State educational agencies are ensuring that each homeless child or 
youth has access to a free appropriate public education, as described 
in section 721(1). The Secretary shall provide support and technical 
assistance to State educational agencies in areas in which barriers to 
a free appropriate public education persist.
    ``(g) Publication.--The Secretary shall develop, issue, and publish 
in the Federal Register, not later than 90 days after the date of 
enactment of the McKinney-Vento Homeless Education Reauthorization Act 
of 2011, a summary of the changes enacted by that Act and related 
strategies, which summary shall include--
            ``(1) strategies by which a State can assist local 
        educational agencies to implement the provisions amended by the 
        Act;
            ``(2) strategies by which a State can review and revise 
        State policies and procedures that may present barriers to the 
        identification, enrollment, attendance, and success of homeless 
        children and youth in school; and
            ``(3) strategies by which entities carrying out preschool 
        programs can implement requirements of section 722(g)(3).
    ``(h) Information.--
            ``(1) In general.--From funds appropriated under section 
        726, the Secretary shall, directly or through grants, 
        contracts, or cooperative agreements, periodically but not less 
        frequently than every 2 years, collect and disseminate publicly 
        data and information regarding--
                    ``(A) the number of homeless children and youth;
                    ``(B) the education and related support services 
                such children and youth receive;
                    ``(C) the extent to which the needs of homeless 
                children and youth are being met;
                    ``(D) the academic progress being made by homeless 
                children and youth, including the percent or number of 
                homeless children and youth participating in State 
                assessments; and
                    ``(E) such other data and information as the 
                Secretary determines to be necessary and relevant to 
                carry out this subtitle.
            ``(2) Coordination.--The Secretary shall coordinate such 
        collection and dissemination with other agencies and entities 
        that receive assistance and administer programs under this 
        subtitle.
    ``(i) Report.--Not later than 4 years after the date of enactment 
of the McKinney-Vento Homeless Education Reauthorization Act of 2011, 
the Secretary shall prepare and submit to the President and the 
Committee on Education and the Workforce of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report on the status of the provision of 
education and related support services to homeless children and youth, 
which shall include information on--
            ``(1) the education of homeless children and youth; and
            ``(2) the actions of the Secretary and the effectiveness of 
        the programs supported under this subtitle.

``SEC. 725. DEFINITIONS.

    ``In this subtitle:
            ``(1) Enroll; enrollment.--The terms `enroll' and 
        `enrollment' include attending classes and participating fully 
        in school activities.
            ``(2) Homeless children and youth.--The term `homeless 
        children and youth'--
                    ``(A) means individuals who lack a fixed, regular, 
                and adequate nighttime residence (within the meaning of 
                section 103(a)(1)); and
                    ``(B) includes--
                            ``(i) children and youth who--
                                    ``(I) are sharing the housing of 
                                other persons due to loss of housing, 
                                economic hardship, or a similar reason;
                                    ``(II) are living in motels, 
                                hotels, trailer parks, or camping 
                                grounds due to the lack of alternative 
                                adequate accommodations;
                                    ``(III) are living in emergency or 
                                transitional shelters; and
                                    ``(IV) are abandoned in hospitals;
                            ``(ii) children and youth who have a 
                        primary nighttime residence that is a public or 
                        private place not designed for or ordinarily 
                        used as a regular sleeping accommodation for 
                        human beings (within the meaning of section 
                        103(a)(2)(C));
                            ``(iii) children and youth who are living 
                        in cars, parks, public spaces, abandoned 
                        buildings, substandard housing, bus or train 
                        stations, or similar settings; and
                            ``(iv) migratory children (as such term is 
                        defined in section 1312 of the Elementary and 
                        Secondary Education Act of 1965) who qualify as 
                        homeless for the purposes of this subtitle 
                        because the children are living in 
                        circumstances described in clauses (i) through 
                        (iii).
            ``(3) Local educational agency; state educational agency.--
        The terms `local educational agency' and `State educational 
        agency' have the meanings given such terms in section 9101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Education.
            ``(5) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            ``(6) Unaccompanied youth.--The term `unaccompanied youth' 
        means a homeless child or youth not in the physical custody of 
        a parent or legal guardian.

``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this subtitle, there are 
authorized to be appropriated such sums as may be necessary for fiscal 
year 2012 and each of the 6 succeeding fiscal years.''.

         Subpart 2--Advanced Research Projects Agency-Education

SEC. 11021. ADVANCED RESEARCH PROJECTS AGENCY-EDUCATION.

    The Department of Education Organization Act (20 U.S.C. 3401 et 
seq.) is amended by inserting after section 220 the following new 
section:

``SEC. 221. ADVANCED RESEARCH PROJECTS AGENCY-EDUCATION.

    ``(a) Establishment.--There shall be in the Department an Advanced 
Research Projects Agency-Education (referred to in this section as 
`ARPA-ED').
    ``(b) Purposes.--ARPA-ED is established under this section for the 
purposes of pursuing breakthrough research and development in 
educational technology and providing the effective use of the 
technology to improve achievement for all students, by--
            ``(1) identifying and promoting revolutionary advances in 
        fundamental and applied sciences and engineering that could be 
        translated into new learning technologies;
            ``(2) developing novel learning technologies, and the 
        enabling processes and contexts for effective use of those 
        technologies;
            ``(3) developing, testing, and evaluating the impact and 
        efficacy of those technologies;
            ``(4) accelerating transformational technological advances 
        in areas in which the private sector, by itself, is not likely 
        to accelerate such advances because of difficulties in 
        implementation or adoption, or technical and market 
        uncertainty;
            ``(5) coordinating activities with nongovernmental entities 
        to demonstrate technologies and research applications to 
        facilitate technology transfer; and
            ``(6) encouraging educational research using new 
        technologies and the data produced by the technologies.
    ``(c) Authorities of Secretary.--The Secretary is authorized to--
            ``(1) appoint a Director, who shall be responsible for 
        carrying out the purposes of ARPA-ED, as described in 
        subsection (b), and such additional functions as the Secretary 
        may prescribe;
            ``(2) establish processes for the development and execution 
        of projects and the solicitation of entities to carry out the 
        projects in a manner that is--
                    ``(A) tailored to the purposes of ARPA-ED and not 
                constrained by other Department-wide administrative 
                requirements that could detract from achieving program 
                results; and
                    ``(B) designed to heighten transparency, and 
                public- and private-sector involvement, to ensure that 
                investments are made in the most promising areas;
            ``(3) award grants, contracts, cooperative agreements, and 
        cash prizes, and enter into other transactions (in accordance 
        with such regulations as the Secretary may establish regarding 
        other transactions);
            ``(4) make appointments of up to 20 scientific, 
        engineering, professional, and other mission-related employees, 
        for periods of up to 4 years (which appointments may not be 
        renewed) without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service;
            ``(5)(A) prescribe the rates of basic pay for the personnel 
        described in paragraph (4) at rates not in excess of the 
        maximum rate of basic pay authorized for senior-level positions 
        under section 5376 of title 5, United States Code, 
        notwithstanding any provision of that title governing the rates 
        of basic pay or classification of employees in the executive 
        branch, but those personnel shall not receive any payment for 
        service (such as an award, premium payment, incentive payment 
        or bonus, allowance, or other similar payment) under any other 
        provision of that title; and
            ``(B) pay any employee appointed pursuant to paragraph (4) 
        payments in addition to that basic pay, except that the total 
        amount of those payments for any calendar year shall not exceed 
        the lesser of--
                    ``(i) $25,000; or
                    ``(ii) the difference between the employee's annual 
                rate of basic pay under paragraph (4) and the annual 
                rate for level I of the Executive Schedule under 
                section 5312 of title 5, United States Code, based on 
                the rates in effect at the end of the applicable 
                calendar year (or, if the employee separated during 
                that year, on the date of separation);
            ``(6) obtain independent, periodic, rigorous evaluations, 
        as appropriate, of--
                    ``(A) the effectiveness of the processes ARPA-ED is 
                using to achieve its purposes; and
                    ``(B) the effectiveness of individual projects 
                assisted by ARPA-ED, using evidence standards developed 
                in consultation with the Institute of Education 
                Sciences, and the suitability of ongoing projects 
                assisted by ARPA-ED for further investment or increased 
                scale; and
            ``(7) disseminate, through the comprehensive centers 
        established under section 203 of the Educational Technical 
        Assistance Act of 2002 (20 U.S.C. 9602), the regional 
        educational laboratories system established under section 174 
        of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564), 
        or such other means as the Secretary determines to be 
        appropriate, information on effective practices and 
        technologies developed with ARPA-ED support.
    ``(d) Evaluation Funds.--The Secretary may use funds made available 
for ARPA-ED to pay the cost of the evaluations under subsection (c)(6).
    ``(e) Federal Advisory Committee Act.--Notwithstanding any other 
provision of law, any advisory committee convened by the Secretary to 
provide advice with respect to this section shall be exempt from the 
requirements of the Federal Advisory Committee Act (5 U.S.C. App.) and 
the definition of `employee' in section 2105 of title 5, United States 
Code, shall not be considered to include any appointee to such a 
committee.
    ``(f) Nonduplication.--To the maximum extent practicable, the 
Secretary shall ensure that grants, contracts, cooperative agreements, 
cash prizes, or other assistance or arrangements awarded or entered 
into pursuant to this section that are designed to carry out the 
purposes of ARPA-ED do not duplicate activities under programs carried 
out under Federal law other than this section by the Department or 
other Federal agencies.''.

                    PART B--MISCELLANEOUS PROVISIONS

SEC. 11211. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Higher Education Act of 1965.--The Higher Education Act of 1965 
(20 U.S.C. 1001 et seq.) is amended as follows:
            (1) Section 103(24)(B) (20 U.S.C. 1003(24)(B)) is amended 
        by striking ``students who are limited English proficient'' and 
        inserting ``English learners''.
            (2) Section 200 (20 U.S.C. 1021) is amended--
                    (A) in paragraph (6)(B)(x) by striking ``section 
                5210'' and inserting ``section 5411'';
                    (B) by striking paragraph (8);
                    (C) by redesignating paragraphs (9) through (23) as 
                paragraphs (8) through (22), respectively;
                    (D) by striking paragraph (12), as redesignated by 
                subparagraph (C), and inserting the following:
            ``(12) Highly qualified teacher.--The term `highly 
        qualified teacher' has the meaning given such term in section 
        9101 of the Elementary and Secondary Education Act of 1965.'';
                    (E) by striking paragraph (14), as redesignated by 
                subparagraph (C), and inserting the following:
            ``(14) English learner.--The term `English learner' has the 
        meaning given the term in section 9101 of the Elementary and 
        Secondary Education Act of 1965.'';
                    (F) in paragraph (16)(B)(ii), as redesignated by 
                subparagraph (C), by striking ``to become highly 
                qualified'' and inserting ``to become a highly 
                qualified teacher'';
                    (G) in paragraph (21)(D)(i), as redesignated by 
                subparagraph (C), by striking ``becomes highly 
                qualified'' and inserting ``becomes a highly qualified 
                teacher''; and
                    (H) in paragraph (22)(D)(iii), as redesignated by 
                subparagraph (C), by striking ``students who are 
                limited English proficient'' and inserting ``English 
                learners''.
            (3) Section 202 (20 U.S.C. 1022a) is amended--
                    (A) in subsection (b)(6)--
                            (i) in subparagraph (E)(ii), by striking 
                        ``student academic achievement standards and 
                        academic content standards under section 
                        1111(b)(1)'' and inserting ``college and career 
                        ready State academic content standards and 
                        student academic achievement standards under 
                        section 1111(a)(1)''; and
                            (ii) in subparagraph (G), by striking 
                        ``students who are limited English proficient'' 
                        and inserting ``English learners''; and
                    (B) in subsection (d)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A)(i)(I)--
                                            (aa) by inserting 
                                        ``teachers'' after ``highly 
                                        qualified''; and
                                            (bb) by striking ``students 
                                        who are limited English 
                                        proficient'' and inserting 
                                        ``English learners''; and
                                    (II) in subparagraph (B)--
                                            (aa) in clause 
                                        (ii)(IV)(aa), by striking 
                                        ``students who are limited 
                                        English proficient'' and 
                                        inserting ``English learners''; 
                                        and
                                            (bb) in clause (iii), by 
                                        inserting ``teachers'' after 
                                        ``highly qualified''; and
                            (ii) in paragraph (5)(B), by striking 
                        ``limited English proficient students'' and 
                        inserting ``English learners''.
            (4) Section 204(a)(4)(D) (20 U.S.C. 1022c(a)(4)(D)) is 
        amended by striking ``limited English proficient students'' and 
        inserting ``English learners''.
            (5) Section 205 (20 U.S.C. 1022d) is amended--
                    (A) in subsection (a)(1)(G), by striking ``students 
                who are limited English proficient'' and inserting 
                ``English learners''; and
                    (B) in subsection (b)(1)--
                            (i) in subparagraph (C), by striking 
                        ``State's challenging academic content 
                        standards required under section 1111(b)(1)'' 
                        and inserting ``college and career ready State 
                        academic content standards required under 
                        section 1111(a)(1)''; and
                            (ii) in subparagraph (L), by striking 
                        ``students who are limited English proficient'' 
                        and inserting ``English learners''.
            (6) Section 206 (20 U.S.C. 1022e) is amended--
                    (A) in subsection (a), by striking ``limited 
                English proficient students'' and inserting ``English 
                learners''; and
                    (B) in subsection (b)(4), by striking ``limited 
                English proficient students'' and inserting ``English 
                learners''.
            (7) Section 208(b) (20 U.S.C. 1022g(b)) is amended--
                    (A) by inserting ``teachers'' after ``are highly 
                qualified''; and
                    (B) by striking ``is highly qualified'' and 
                inserting ``is a highly qualified teacher''.
            (8) Section 242(b) (20 U.S.C. 1033a(b)) is amended--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``teachers'' after ``highly qualified''; and
                    (B) in paragraph (1), by inserting ``teachers'' 
                after ``highly qualified''.
            (9) Section 251(b)(1)(A)(iii) (20 U.S.C. 
        1034(b)(1)(A)(iii)) is amended by inserting ``teachers'' after 
        ``highly qualified''.
            (10) Section 255(k) (20 U.S.C. 1035(k)) is amended--
                    (A) in paragraph (1), by striking ``section 
                9101(23)(B)(ii)'' and inserting ``section 
                9101(32)(A)(ii)(II)''; and
                    (B) in paragraph (3), by striking ``section 
                9101(23)'' and inserting ``section 9101(32)''.
            (11) Section 258(d) (20 U.S.C. 1036(d)) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``limited English 
                        proficient students'' and inserting ``English 
                        learners''; and
                            (ii) by inserting ``teachers who will be'' 
                        after ``highly qualified''; and
                    (B) in paragraph (2)(C), by striking ``limited 
                English proficient students'' and inserting ``English 
                learners''.
            (12) Section 402B(c)(7) (20 U.S.C. 1070a-12(c)(7)) is 
        amended by striking ``students who are limited English 
        proficient'' and inserting ``English learners''.
            (13) Section 402C(d)(7) (20 U.S.C. 1070a-13(d)(7)) is 
        amended by striking ``students who are limited English 
        proficient'' and inserting ``English learners''.
            (14) Section 402D (20 U.S.C. 1070a-14) is amended--
                    (A) in subsection (a)(3), by striking ``students 
                who are limited English proficient'' and inserting 
                ``English learners''; and
                    (B) in subsection (c)(6), by striking ``students 
                who are limited English proficient'' and inserting 
                ``English learners''.
            (15) Section 402F(b)(11) (20 U.S.C. 1070a-16(b)(11)) is 
        amended by striking ``students who are limited English 
        proficient'' and inserting ``English learners''.
            (16) Section 404D (20 U.S.C. 1070a-24) is amended--
                    (A) in subsection (b)(10)(K), by striking 
                ``students who are limited English proficient'' and 
                inserting ``English learners''; and
                    (B) in subsection (c)(6)(B)(ii), by striking 
                ``students who are limited English proficient'' and 
                inserting ``English learners''.
            (17) Section 428J(b)(1)(B) (20 U.S.C. 1078-10(b)(1)(B)) is 
        amended by striking ``is highly qualified'' and inserting ``is 
        a highly qualified teacher''.
            (18) Section 428K(b)(5) (20 U.S.C. 1078-11(b)(5)) is 
        amended--
                    (A) in the heading, by striking ``students who are 
                limited english proficient'' and inserting ``English 
                learners'';
                    (B) in subparagraph (A), by striking ``is highly 
                qualified'' and inserting ``is a highly qualified 
                teacher''; and
                    (C) in subparagraph (B)(i), by striking ``students 
                who are limited English proficient'' and inserting 
                ``English learners''.
            (19) Section 460(b)(1)(B) (20 U.S.C. 1087j(b)(1)(B)) is 
        amended by striking ``is highly qualified'' and inserting ``is 
        a highly qualified teacher''.
            (20) Section 741(a)(10) (20 U.S.C. 1138(a)(10)) is amended 
        by striking ``limited English proficient students'' and 
        inserting ``English learners'' each place the term appears.
            (21) Section 806(a)(2) (20 U.S.C. 1161f(a)(2)) is amended 
        to read as follows:
            ``(2) Highly qualified teacher.--The term `highly qualified 
        teacher' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965.''.
    (b) Individuals With Disabilities Education Act.--The Individuals 
with Disabilities Education Act (20 U.S.C. 1400 et seq.) is amended as 
follows:
            (1) Section 602 (20 U.S.C. 1401) is amended--
                    (A) in paragraph (10)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``has the meaning 
                                given the term in section 9101'' and 
                                inserting ``means that the teacher is a 
                                highly qualified teacher in accordance 
                                with subparagraphs (A) and (B) of 
                                section 9101(32)''; and
                                    (II) in clause (ii), by striking 
                                ``requirements of section 9101'' and 
                                inserting ``requirements for a highly 
                                qualified teacher as defined in section 
                                9101(32)(A)'';
                            (ii) in subparagraph (C)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``section 1111(b)(1)'' 
                                and inserting ``section 1111(a)(1)'';
                                    (II) clause (i), by striking 
                                ``requirements of section 9101'' and 
                                inserting ``requirements for a highly 
                                qualified teacher, as defined in 
                                section 9101''; and
                                    (III) in clause (ii), by striking 
                                ``subparagraph (B) or (C) of section 
                                9101(23)'' and inserting ``clause (ii) 
                                or (iii) of section 9101(32)(A)'';
                            (iii) in subparagraph (D)--
                                    (I) in clause (i), by striking 
                                ``applicable requirements of section 
                                9101'' and inserting ``applicable 
                                requirements to be a highly qualified 
                                teacher as defined in section 9101''; 
                                and
                                    (II) in each of clauses (ii) and 
                                (iii), by striking ``section 
                                9101(23)(C)(ii)'' and inserting 
                                ``section 9101(32)(A)(iii)(II)''; and
                            (iv) in subparagraph (F), by striking 
                        ``highly qualified for purposes of'' and 
                        inserting ``to be a highly qualified teacher 
                        for purposes of''; and
                    (B) in paragraph (18), by striking ``has the 
                meaning given the term in section 9101 of the 
                Elementary and Secondary Education Act of 1965'' and 
                inserting ``when used in reference to an individual, 
                means an individual who meets the requirements 
                described in subparagraphs (C) and (D) of section 
                9101(23) of the Elementary and Secondary Education Act 
                of 1965''.
            (2) Section 611(e)(2)(C) (20 U.S.C. 1411(e)(2)(C)) is 
        amended--
                    (A) in clause (x), by striking ``sections 1111(b) 
                and 6111'' and inserting ``sections 1111 and 1131''; 
                and
                    (B) in clause (xi)--
                            (i) by striking ``, including supplemental 
                        educational services as defined in 1116(e) of 
                        the Elementary and Secondary Education Act of 
                        1965''; and
                            (ii) by striking ``section 1111(b)(2)(G)'' 
                        and inserting ``section 1111(a)(3)(A)(ii) of''.
            (3) Section 612(a) (20 U.S.C. 1412(a))--
                    (A) in paragraph (15)--
                            (i) by striking clause (ii) of subparagraph 
                        (A);
                            (ii) by redesignating clauses (iii) and 
                        (iv) of subparagraph (A) as clauses (ii) and 
                        (iii), respectively;
                            (iii) in subparagraph (B), by striking ``, 
                        including measurable annual objectives for 
                        progress by children with disabilities under 
                        section 1111(b)(2)(C)(v)(II)(cc) of the 
                        Elementary and Secondary Education Act of 
                        1965''; and
                            (iv) in subparagraph (C), by striking 
                        ``section 1111(h)'' and inserting ``section 
                        1111(e)'';
                    (B) in paragraph (16)(C)(ii)(II), by striking 
                ``section 1111(b)(1)'' and inserting ``section 
                1111(a)'';
            (4) Section 654(a)(1)(B) (20 U.S.C. 1454(a)(1)(B)) is 
        amended by striking ``challenging State student academic 
        achievement and functional standards and with the requirements 
        for professional development, as defined in section 9101'' and 
        inserting ``college and career ready State academic achievement 
        and functional standards and with the requirements for 
        professional development, as defined in section 9101''.
            (5) Section 663(b)(2) (20 U.S.C. 1463(b)(2)) is amended by 
        striking ``for assessing adequate yearly progress, as described 
        under section 1111(b)(2)(B)'' and inserting ``as described 
        under section 1111(a)(2)''.
    (c) Carl D. Perkins Career and Technical Education Act of 2006.--
The Carl D. Perkins Career and Technical Education Act of 2006 (20 
U.S.C. 2301 et seq.) is amended as follows:
            (1) Section 3(8) (20 U.S.C. 2302(8)) is amended by striking 
        ``section 5210'' and inserting ``section 5411''.
            (2) Section 8(e) (20 U.S.C. 2306a(e)) is amended by 
        striking ``section 1111(b)(1)(D)'' and inserting section 
        ``1111(a)(1)''.
            (3) Section 113 (20 U.S.C. 2323) is amended--
                    (A) in subsection (b)--
                            (i) in paragraph (2)(A)--
                                    (I) in clause (i), by striking 
                                ``challenging academic content 
                                standards and student academic 
                                achievement standards, as adopted by a 
                                State in accordance with section 
                                1111(b)(1) of the Elementary and 
                                Secondary Education Act of 1965 and 
                                measured by the State determined 
                                proficient levels on the academic 
                                assessments described in section 
                                1111(b)(3) of such Act'' and inserting 
                                ``college and career ready State 
                                academic content and student academic 
                                achievement standards, as adopted by a 
                                State in accordance with section 
                                1111(a)(1) of the Elementary and 
                                Secondary Education Act of 1965 and 
                                measured by the State-determined 
                                proficient levels on the academic 
                                assessments described in section 
                                1111(a)(2) of such Act''; and
                                    (II) in clause (iv), by striking 
                                ``Student graduation rates (as 
                                described in section 1111(b)(2)(C)(vi) 
                                of the Elementary and Secondary 
                                Education Act of 1965)'' and inserting 
                                ``Student graduation rates (as 
                                described under section 9101 of the 
                                Elementary and Secondary Education Act 
                                of 1965)''; and
                            (ii) in paragraph (4)(C)(ii)(I), by 
                        striking ``categories of students described in 
                        section 1111(h)(1)(C)(i)'' and inserting 
                        ``categories of students described in section 
                        1111(a)(2)(B)(ix)''; and
                    (B) in subsection (c)(2)(A), by striking 
                ``categories of students described in section 
                1111(h)(1)(C)(i)'' and inserting ``categories of 
                students described in section 1111(a)(2)(B)(ix)''.
            (4) Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C. 
        2324(d)(4)(A)(iii)(I)(aa)) is amended by striking ``academic 
        content standards and student academic achievement standards, 
        as adopted by States under section 1111(b)(1)'' and inserting 
        ``college and career ready State academic content and student 
        academic achievement standards, as adopted by a State in 
        accordance with section 1111(a)(1)''.
            (5) Section 122(c)(1)(I)(i) (20 U.S.C. 2342(c)(1)(I)(i)) is 
        amended by striking ``rigorous and challenging academic content 
        standards and student academic achievement standards adopted by 
        the State under section 1111(b)(1)'' and inserting ``college 
        and career ready State academic content and student academic 
        achievement standards, as adopted by a State in accordance with 
        section 1111(a)(1)''.
    (d) National and Community Service Act of 1990.--The National and 
Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended as 
follows:
            (1) Section 112(a)(1)(F) (42 U.S.C. 12523(a)(1)(F)) is 
        amended by striking ``attention to schools not making adequate 
        yearly progress for two or more consecutive years under section 
        1111 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6301 et seq.)'' and inserting ``attention to schools 
        that are identified as achievement gap schools or persistently 
        low-achieving schools under subsection (b) or (c) of section 
        1116 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6316)''.
            (2) Section 119(a)(2)(A)(ii)(II) (42 U.S.C. 
        12563(a)(2)(A)(ii)(II)) is amended by striking ``the graduation 
        rate (as defined in section 1111(b)(2)(C)(vi)'' and inserting 
        ``the graduation rate (as defined under section 9101(30)''.
            (3) Section 120(a)(2)(C) (42 U.S.C. 12565(a)(2)(C)) is 
        amended by striking ``improved graduation rates, as defined in 
        section 1111(b)(2)(C)(vi)'' and inserting ``improved graduation 
        rates, as defined under section 9101''.
            (4) Section 122 (42 U.S.C. 12572) is amended--
                    (A) in subsection (a)(1)(C)(iii), by striking 
                ``secondary school graduation rates as defined in 
                section 1111(b)(2)(C)(vi)'' and inserting ``secondary 
                school graduation rates as defined under section 
                9101''; and
                    (B) in subsection (i)(1), by inserting ``college 
                and career ready'' after ``State''.
    (e) Title VI of the America COMPETES Act.--The America COMPETES Act 
(Public Law 110-69) is amended as follows:
            (1) Section 6112 (20 U.S.C. 9812) is amended--
                    (A) in paragraph (3)(B)(i), by inserting 
                ``teachers'' after ``highly qualified''; and
                    (B) by striking paragraph (4) and inserting the 
                following:
            ``(4) Highly qualified teacher.--The term `highly qualified 
        teacher' has the meaning given such term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).''.
            (2) Section 6113(d)(2)(G)(i) (20 U.S.C. 9813(d)(2)(G)(i)) 
        is amended--
                    (A) by inserting ``teachers of'' after ``highly 
                qualified''; and
                    (B) by striking ``teachers'' after ``foreign 
                language''.
            (3) Section 6114(b)(3) (20 U.S.C. 9814(b)(3)) is amended--
                    (A) by inserting ``teachers of'' after ``highly 
                qualified''; and
                    (B) by striking ``teachers'' after ``foreign 
                language''.
            (4) Section 6122 (20 U.S.C. 9832) is amended--
                    (A) in paragraph (3), by striking ``has the meaning 
                given the term `low-income individual' in section 
                1707(3) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 6537(3))'' and inserting ``means a 
                student who is from a low-income family, as defined in 
                section 9101(34)(B) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801(34)(B))'';
                    (B) in paragraph (4), by striking ``has the 
                meaning'' and all that follows through the period and 
                inserting ``, used with respect to a school, means a 
                school that serves a student population 40 percent or 
                more of whom are low-income students.''; and
                    (C) in paragraph (5), by striking ``means a local 
                educational agency or educational service agency 
                described in 6112(3)(A)'' and inserting ``means a high-
                need local educational agency, as defined under section 
                9101 of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7801)''.
            (5) Section 6123(j)(2)(B) (20 U.S.C. 9833(j)(2)(B)) is 
        amended by striking ``disaggregated under section 
        1111(h)(1)(C)(i)'' and inserting ``disaggregated under section 
        1111(a)(2)(B)(ix)''.
            (6) Section 6201(e)(2)(D)(ii)(I) (20 U.S.C. 
        9871(e)(2)(D)(ii)(I)) is amended by striking ``assessments 
        under section 1111(b)'' and inserting ``assessments under 
        section 1111(a)''.
    (f) The Education of the Deaf Act of 1986.--Section 104(b)(5) of 
the Education of the Deaf Act of 1986 (20 U.S.C. 4304(b)(5)) is 
amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``challenging 
                academic content standards, challenging student 
                academic achievement standards, and academic 
                assessments of a State, adopted and implemented, as 
                appropriate, pursuant to paragraphs (1) and (3) of 
                section 1111(b)'' and inserting ``college and career 
                ready State academic content and student academic 
                achievement standards and assessments of a State, 
                adopted and implemented, as appropriate, pursuant to 
                section 1111(a)''; and
                    (B) in clause (ii), by adding ``and'' after the 
                semicolon;
            (2) by striking subparagraph (B);
            (3) by redesignating subparagraph (C) as subparagraph (B); 
        and
            (4) in subparagraph (B), as redesignated by paragraph (3), 
        by striking ``, and whether the programs at the Clerc Center 
        are making adequate yearly progress, as determined under 
        subparagraph (B)''.
    (g) The Education Sciences Reform Act of 2002.--The Education 
Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended as 
follows:
            (1) Section 153(a)(1)(F)(ii) (20 U.S.C. 9543(a)(1)(F)(ii)) 
        is amended by striking ``the percentage of teachers who are 
        highly qualified'' and inserting ``the percentage of teachers 
        who are highly qualified teachers''.
            (2) Section 177(a)(5) (20 U.S.C. 9567b(a)(5)) is amended by 
        striking ``section 1111(b)'' and inserting ``section 1111(a)''.
    (h) The Educational Technical Assistance Act of 2002.--Section 203 
of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602) is 
amended--
            (1) in subsection (a)(2)(B), by striking ``schools 
        identified for school improvement (as described in section 
        1116(b) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6316(b))'' and inserting ``schools identified as 
        persistently low-achieving schools (as described in section 
        1116(c)(2) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6316(c)(2)))'';
            (2) in subsection (e), by striking paragraph (3) and 
        inserting the following:
            ``(3) schools in the region identified by the State's 
        accountability system under section 1116 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6316).''; and
            (3) in subsection (f)(1)(B), by striking ``1116(b) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6316(b))'' and inserting ``1116 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6316)''.
    (i) National Science Foundation Authorization Act of 2002.--Section 
9 of the National Science Foundation Authorization Act of 2002 (42 
U.S.C. 1862n) is amended--
            (1) in subsection (a)(10)(A)(iii)(I), by striking ``are 
        considered highly qualified'' and inserting ``are considered 
        highly qualified teachers''; and
            (2) in subsection (b)(3)(A), by striking ``or a high-need 
        local educational agency in which at least one school does not 
        make adequate yearly progress, as determined pursuant to part A 
        of title I of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6311 et seq.)''.
    (j) Richard B. Russell National School Lunch Act.--Section 9 of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (5)(D), by striking ``section 
                1309'' and inserting ``section 1312''; and
                    (B) in paragraph (12)(A)(vi), by striking ``section 
                1309'' and inserting ``section 1312''; and
            (2) in subsection (d)(2)(E), by striking ``section 1309'' 
        and inserting ``section 1312''.
    (k) America COMPETES Reauthorization Act of 2010.--Section 
553(d)(6) of the America COMPETES Reauthorization Act of 2010 (20 
U.S.C. 9903(d)(6)) is amended by striking ``the requirements under 
section 9101(23) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801(23)) for highly qualified teachers'' and inserting 
``the requirements for a highly qualified teacher as defined in section 
9101(32)''.
    (l) Violence Against Women Act of 1994.--Section 41403(6)(B)(iii) 
of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-
2(6)(B)(iii)) is amended by striking ``section 1309'' and inserting 
``section 1312''.
                                                       Calendar No. 531

112th CONGRESS

  2nd Session

                                S. 3578

                          [Report No. 112-221]

_______________________________________________________________________

                                 A BILL

      To amend the Elementary and Secondary Education Act of 1965.

_______________________________________________________________________

                           September 20, 2012

                 Read twice and placed on the calendar
```