II 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Elementary and Sec5 ondary Education Reauthorization Act of 2011’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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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. 


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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. 


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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. 


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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 


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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. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

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

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

8 SEC. 4. TRANSITION. 

9 (a) MULTI-YEAR AWARDS.—Except as otherwise pro10 vided in this Act, the recipient of a multi-year award 

11 under the Elementary and Secondary Education Act of 

12 1965, as that Act was in effect prior to the date of enact13 ment of this Act, shall continue to receive funds in accordVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 ance with the terms of that award, except that no addi2 tional funds may be awarded after September 30, 2012. 

3 (b) PLANNING AND TRANSITION.—Notwithstanding 

4 any other provision of law, a recipient of funds under the 

5 Elementary and Secondary Education Act of 1965, as that 

6 Act was in effect prior to the date of enactment of this 

7 Act, may use funds available to the recipient under that 

8 predecessor authority to carry out necessary and reason9 able planning and transition activities in order to ensure 

10 an orderly implementation of programs authorized by this 

11 Act, and the amendments made by this Act. 

12 (c) ORDERLY TRANSITION.—The Secretary shall take 

13 such steps as are necessary to provide for the orderly tran14 sition to, and implementation of, programs authorized by 

15 this Act, and by the amendments made by this Act, from 

16 programs authorized by the Elementary and Secondary 

17 Education Act of 1965, as that Act was in effect prior 

18 to the date of enactment of this Act. 

19 SEC. 5. EFFECTIVE DATES. 

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

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

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

23 (b) NONCOMPETITIVE PROGRAMS.—With respect to 

24 noncompetitive programs under which any funds are allot25 ted by the Secretary of Education to recipients on the 


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1 basis of a formula, this Act, and the amendments made 

2 by this Act, shall take effect on July 1, 2012. 

3 (c) COMPETITIVE PROGRAMS.—With respect to pro4 grams that are conducted by the Secretary on a competi5 tive basis, this Act, and the amendments made by this Act, 

6 shall take effect with respect to appropriations for use 

7 under those programs for fiscal year 2012. 

8 (d) IMPACT AID.—With respect to title VIII (Impact 

9 Aid), this Act, and the amendments made by this Act, 

10 shall take effect with respect to appropriations for use 

11 under that title for fiscal year 2012. 

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

13 SECONDARY EDUCATION ACT OF 1965. 

14 Section 2 is amended to read as follows: 

15 ‘‘SEC. 2. TABLE OF CONTENTS. 

16 ‘‘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. 


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‘‘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. 


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‘‘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


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‘‘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


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‘‘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. 


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‘‘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. 


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‘‘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. 


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‘‘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


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‘‘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


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‘‘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


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‘‘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


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‘‘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.’’. 

1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 The Act (20 U.S.C. 6301 et seq.) is amended by in3 serting after section 2 the following: 

4 ‘‘SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

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

6 ‘‘(1) IN GENERAL.—There are authorized to be 

7 appropriated to carry out part A of title I (except 

8 for sections 1116(d) and 1125A and subpart 3 of 

9 part A of such title) such sums as may be necessary 

10 for fiscal year 2012 and each of the 4 succeeding fis11 cal years. 

12 ‘‘(2) SCHOOL IMPROVEMENT GRANTS, NA13 TIONAL ACTIVITIES, AND EVALUATION.— 

14 ‘‘(A) IN GENERAL.—There are authorized 

15 to be appropriated to carry out section 1116(d) 

16 such sums as may be necessary for fiscal year 

17 2012 and each of the 4 succeeding fiscal years. 

18 ‘‘(B) RESERVATION FOR NATIONAL ACTIVI19 TIES.—Of the amounts appropriated under sub20 paragraph (A) for a fiscal year, the Secretary 

21 shall reserve not more than 2 percent for the 


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1 national activities described in section 

2 1116(d)(6). 

3 ‘‘(3) EDUCATION FINANCE INCENTIVE GRANT

4 PROGRAM.—There are authorized to be appropriated 

5 to carry out section 1125A such sums as may be 

6 necessary for fiscal year 2012 and each of the 4 suc7 ceeding fiscal years. 

8 ‘‘(b) GRANTS FOR STATE ASSESSMENTS AND THE

9 NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.— 

10 ‘‘(1) NATIONAL ASSESSMENT OF EDUCATIONAL

11 PROGRESS.—For the purpose of administering the 

12 State assessments under the National Assessment of 

13 Educational Progress, there are authorized to be ap14 propriated such sums as may be necessary for fiscal 

15 year 2012 and each of the 4 succeeding fiscal years. 

16 ‘‘(2) STATE ASSESSMENTS AND RELATED AC17 TIVITIES.—For the purpose of carrying out assess18 ment and related activities under subpart 3 of part 

19 A of title I, there are authorized to be appropriated 

20 such sums as may be necessary for fiscal year 2012 

21 and each of the 4 succeeding fiscal years. 

22 ‘‘(c) PATHWAYS TO COLLEGE.—For the purposes of 

23 carrying out part B of title I, Pathways to College, there 

24 are authorized to be appropriated such sums as may be 


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1 necessary for fiscal year 2012 and each of the 4 suc2 ceeding fiscal years. 

3 ‘‘(d) EDUCATION OF MIGRATORY CHILDREN.—For 

4 the purposes of carrying out part C of title I, Education 

5 of Migratory Children, there are authorized to be appro6 priated such sums as may be necessary for fiscal year 

7 2012 and each of the 4 succeeding fiscal years. 

8 ‘‘(e) NEGLECTED AND DELINQUENT.—For the pur9 poses of carrying out part D of title I, Prevention and 

10 Intervention Programs for Children and Youth Who Are 

11 Neglected, Delinquent, or At-risk, there are authorized to 

12 be appropriated such sums as may be necessary for fiscal 

13 year 2012 and each of the 4 succeeding fiscal years. 

14 ‘‘(f) CONTINUOUS IMPROVEMENT AND SUPPORT FOR

15 TEACHERS AND PRINCIPALS.— 

16 ‘‘(1) IN GENERAL.—For the purposes of car17 rying out subparts 1, 2, 3, and 4 of part A of title 

18 II, there are authorized to be appropriated such 

19 sums as may be necessary for fiscal year 2012 and 

20 each of the 4 succeeding fiscal years. 

21 ‘‘(2) PRINCIPAL RECRUITMENT AND TRAIN22 ING.—For the purposes of carrying out subpart 5 of 

23 part A of title II, Principal Recruitment and Train24 ing, there are authorized to be appropriated such 


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1 sums as may be necessary for fiscal year 2012 and 

2 each of the 4 succeeding fiscal years. 

3 ‘‘(g) TEACHER PATHWAYS TO THE CLASSROOM.— 

4 For the purposes of carrying out part B of title II, Teach5 er Pathways to the Classroom, there are authorized to be 

6 appropriated such sums as may be necessary for fiscal 

7 year 2012 and each of the 4 succeeding fiscal years. 

8 ‘‘(h) TEACHER INCENTIVE FUND.—For the purposes 

9 of carrying out part C of title II, Teacher Incentive Fund, 

10 there are authorized to be appropriated such sums as may 

11 be necessary for fiscal year 2012 and each of the 4 suc12 ceeding fiscal years. 

13 ‘‘(i) ACHIEVEMENT THROUGH TECHNOLOGY AND IN14 NOVATION.—For the purposes of carrying out part D of 

15 title II, Achievement through Technology and Innovation, 

16 there are authorized to be appropriated such sums as may 

17 be necessary for fiscal year 2012 and each of the 4 suc18 ceeding fiscal years. 

19 ‘‘(j) ENGLISH LEARNERS AND IMMIGRANT STU20 DENTS.—For the purposes of carrying out title III, Lan21 guage and Academic Content Instruction for English 

22 Learners and Immigrant Students, there are authorized 

23 to be appropriated such sums as may be necessary for fis24 cal year 2012 and each of the 4 succeeding fiscal years. 


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1 ‘‘(k) IMPROVING LITERACY INSTRUCTION AND STU2 DENT ACHIEVEMENT.—For the purposes of carrying out 

3 part A of title IV, Improving Literacy Instruction and 

4 Student Achievement, there are authorized to be appro5 priated such sums as may be necessary for fiscal year 

6 2012 and each of the 4 succeeding fiscal years. 

7 ‘‘(l) IMPROVING SCIENCE, TECHNOLOGY, ENGINEER8 ING, AND MATHEMATICS INSTRUCTION AND STUDENT

9 ACHIEVEMENT.—For the purposes of carrying out part B 

10 of title IV, Improving Science, Technology, Engineering, 

11 and Mathematics Instruction and Student Achievement, 

12 there are authorized to be appropriated such sums as may 

13 be necessary for fiscal year 2012 and each of the 4 suc14 ceeding fiscal years. 

15 ‘‘(m) INCREASING ACCESS TO A WELL-ROUNDED

16 EDUCATION.—For the purposes of carrying out part C of 

17 title IV, Increasing Access to a Well-Rounded Education, 

18 there are authorized to be appropriated such sums as may 

19 be necessary for fiscal year 2012 and each of the 4 suc20 ceeding fiscal years. 

21 ‘‘(n) SUCCESSFUL, SAFE, AND HEALTHY STU22 DENTS.—For the purposes of carrying out part D of title 

23 IV, Successful, Safe, and Healthy Students, there are au24 thorized to be appropriated such sums as may be necVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 essary for fiscal year 2012 and each of the 4 succeeding 

2 fiscal years. 

3 ‘‘(o) 21ST CENTURY COMMUNITY LEARNING CEN4 TERS.—For the purposes of carrying out part E of title 

5 IV, 21st Century Community Learning Centers, there are 

6 authorized to be appropriated such sums as may be nec7 essary for fiscal year 2012 and each of the 4 succeeding 

8 fiscal years. 

9 ‘‘(p) PROMISE NEIGHBORHOODS.—For the purposes 

10 of carrying out part F of title IV, Promise Neighborhoods, 

11 there are authorized to be appropriated such sums as may 

12 be necessary for fiscal year 2012 and each of the 4 suc13 ceeding fiscal years. 

14 ‘‘(q) PARENT AND FAMILY INFORMATION AND RE15 SOURCE CENTERS.—For the purposes of carrying out part 

16 G of title IV, Parent and Family Information and Re17 source Centers, there are authorized to be appropriated 

18 such sums as may be necessary for fiscal year 2012 and 

19 each of the 4 succeeding fiscal years. 

20 ‘‘(r) READY TO LEARN.—For the purposes of car21 rying out part H of title IV, Ready to Learn, there are 

22 authorized to be appropriated such sums as may be nec23 essary for fiscal year 2012 and each of the 4 succeeding 

24 fiscal years. 


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1 ‘‘(s) PROGRAMS OF NATIONAL SIGNIFICANCE.—For 

2 the purposes of carrying out part I of title IV, Programs 

3 of National Significance, there are authorized to be appro4 priated such sums as may be necessary for fiscal year 

5 2012 and each of the 4 succeeding fiscal years. 

6 ‘‘(t) RACE TO THE TOP.—For the purposes of car7 rying out part A of title V, Race to the Top, there are 

8 authorized to be appropriated such sums as may be nec9 essary for fiscal year 2012 and each of the 4 succeeding 

10 fiscal years. 

11 ‘‘(u) INVESTING IN INNOVATION.—For the purposes 

12 of carrying out part B of title V, Investing in Innovation, 

13 there are authorized to be appropriated such sums as may 

14 be necessary for fiscal year 2012 and each of the 4 suc15 ceeding fiscal years. 

16 ‘‘(v) MAGNET SCHOOLS ASSISTANCE.—For the pur17 poses of carrying out part C of title V, Magnet Schools 

18 Assistance, there are authorized to be appropriated such 

19 sums as may be necessary for fiscal year 2012 and each 

20 of the 4 succeeding fiscal years. 

21 ‘‘(w) PUBLIC CHARTER SCHOOLS.—For the purposes 

22 of carrying out part D of title V, Public Charter Schools, 

23 there are authorized to be appropriated such sums as may 

24 be necessary for fiscal year 2012 and each of the 4 suc25 ceeding fiscal years. 


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1 ‘‘(x) VOLUNTARY PUBLIC SCHOOL CHOICE.—For the 

2 purposes of carrying out part E of title V, Voluntary Pub3 lic School Choice, there are authorized to be appropriated 

4 such sums as may be necessary for fiscal year 2012 and 

5 each of the 4 succeeding fiscal years. 

6 ‘‘(y) RURAL EDUCATION ACHIEVEMENT PROGRAM.— 

7 For the purposes of carrying out part B of title VI, Rural 

8 Education Achievement Program, there are authorized to 

9 be appropriated such sums as may be necessary for fiscal 

10 year 2012 and each of the 4 succeeding fiscal years. 

11 ‘‘(z) INDIAN, NATIVE HAWAIIAN, AND ALASKA NA12 TIVE EDUCATION.— 

13 ‘‘(1) IN GENERAL.—For the purposes of car14 rying out title VII, Indian, Native Hawaiian, and 

15 Alaska Native Education, there are authorized to be 

16 appropriated such sums as may be necessary for fis17 cal year 2012 and each of the 4 succeeding fiscal 

18 years. 

19 ‘‘(2) ALASKA NATIVE PROGRAMS.—There are 

20 authorized to be appropriated to carry out section 

21 7304 such sums as may be necessary for fiscal year 

22 2012 and each of the 5 succeeding fiscal years. 

23 ‘‘(aa) IMPACT AID.—For the purposes of carrying out 

24 title VIII, Impact Aid, there are authorized to be approVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 priated such sums as may be necessary for fiscal year 

2 2012 and each of the 4 succeeding fiscal years. 

3 ‘‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF

4 REAL PROPERTY.—For the purpose of making pay5 ments under section 8002, there are authorized to 

6 be appropriated such sums as may be necessary for 

7 fiscal year 2012 and each of the 4 succeeding fiscal 

8 years. 

9 ‘‘(2) BASIC PAYMENTS; PAYMENTS FOR HEAV10 ILY IMPACTED LOCAL EDUCATIONAL AGENCIES.— 

11 For the purpose of making payments under section 

12 8003(b), there are authorized to be appropriated 

13 such sums as may be necessary for fiscal year 2012 

14 and each of the 4 succeeding fiscal years. 

15 ‘‘(3) PAYMENTS FOR CHILDREN WITH DISABIL16 ITIES.—For the purpose of making payments under 

17 section 8003(d), there are authorized to be appro18 priated such sums as may be necessary for fiscal 

19 year 2012 and each of the 4 succeeding fiscal years. 

20 ‘‘(4) CONSTRUCTION.—For the purpose of car21 rying out section 8007, there are authorized to be 

22 appropriated such sums as may be necessary for fis23 cal year 2012 and each of the 4 succeeding fiscal 

24 years. 


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1 ‘‘(5) FACILITIES MAINTENANCE.—For the pur2 pose of carrying out section 8008, there are author3 ized to be appropriated such sums as may be nec4 essary for fiscal year 2012 and each of the 4 suc5 ceeding fiscal years.’’. 

6 TITLE I—ENSURING COLLEGE 

7 AND CAREER READINESS FOR 

8 ALL STUDENTS 

9 SEC. 1001. PURPOSE. 

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

11 as follows: 

12 ‘‘SEC. 1001. PURPOSE. 

13 ‘‘The purpose of this title is to ensure that every child 

14 has a fair, equal, and significant opportunity to obtain a 

15 high-quality education, succeed from the earliest grades, 

16 and graduate from high school ready for college, career, 

17 and citizenship. This purpose can be accomplished by— 

18 ‘‘(1) setting high expectations for children to 

19 graduate college and career ready from high school; 

20 ‘‘(2) supporting high-quality teaching that uses 

21 student achievement data, professional collaboration, 

22 meaningful feedback, effective technologies, student 

23 engagement, multi-tiered systems of support, and 

24 other evidence-based practices to continuously imVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 prove instruction and encourage new models of 

2 teaching and learning; 

3 ‘‘(3) removing barriers to, and encouraging 

4 State and local innovation and leadership in, edu5 cation based on the evaluation of success and contin6 uous improvement, especially in providing excellent 

7 instruction, high-quality assessments, meaningful ac8 countability, evidence-based supports and interven9 tions in underperforming schools, highly effective 

10 educators, a well-rounded education, and other key 

11 factors for success; 

12 ‘‘(4) providing additional resources and sup13 ports to meet the needs of disadvantaged students, 

14 including children from low-income families and 

15 those attending high-poverty schools, English learn16 ers, migratory children, children with disabilities, In17 dian children, and neglected or delinquent children; 

18 ‘‘(5) focusing on increasing student achievement 

19 and closing achievement gaps, especially achievement 

20 gaps between minority and nonminority students 

21 and between disadvantaged children and their more 

22 advantaged peers; 

23 ‘‘(6) removing barriers and promoting integra24 tion across all levels of education, and across Fed25 eral education programs; 


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1 ‘‘(7) streamlining Federal requirements to re2 duce burdens on States, districts local educational 

3 agencies, schools, and educators; and 

4 ‘‘(8) strengthening parental engagement and 

5 coordination of student, family, and community sup6 ports to promote student success.’’. 

7 SEC. 1002. STATE RESERVATIONS. 

8 Title I (20 U.S.C. 6301 et seq.) is amended— 

9 (1) by striking sections 1002 and 1003; 

10 (2) by redesignating section 1004 as section 

11 1002; and 

12 (3) in section 1002 (as redesignated by para13 graph (2))— 

14 (A) in the section heading, by inserting 

15 ‘‘AND STATE ACCOUNTABILITY AND SUP16 PORT’’ before the period at the end; 

17 (B) by redesignating paragraphs (1) and 

18 (2) of subsection (a) as subparagraphs (A) and 

19 (B), respectively, and by aligning the margins 

20 of such subparagraphs with the margins of sub21 paragraph (A) of section 1111(a)(1); 

22 (C) by redesignating subsection (b) as 

23 paragraph (2) of subsection (a), and by aligning 

24 the margins of such paragraph with the mar25 gins of paragraph (1) of section 1111(a); 


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1 (D) by striking ‘‘IN GENERAL.—Except as 

2 provided in subsection (b)’’ and inserting the 

3 following: ‘‘STATE ADMINISTRATION.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2)’’; 

6 (E) in subsection (a)(2), as redesignated 

7 by subparagraph (C), by striking ‘‘subsection 

8 (a)(1)’’ and inserting ‘‘paragraph (1)(A)’’; and 

9 (F) by adding at the end the following: 

10 ‘‘(b) ACCOUNTABILITY AND SUPPORT.— 

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

12 not more than 4 percent of the amount the State re13 ceives under subpart 2 of part A to carry out para14 graph (2) and to carry out the State and local edu15 cational agency responsibilities under section 1116, 

16 which may include carrying out a statewide system 

17 of technical assistance and support for local edu18 cational agencies. 

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

20 paragraph (1) for any fiscal year, the State edu21 cational agency— 

22 ‘‘(A) shall use not less than 90 percent of 

23 that amount by allocating such sums directly to 

24 local educational agencies for activities required 

25 under section 1116; or 


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

2 educational agency, directly provide for such ac3 tivities or arrange for their provision through 

4 other entities such as educational service agen5 cies. 

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

7 in allocating funds to local educational agencies 

8 under this subsection, shall give priority to local edu9 cational agencies that— 

10 ‘‘(A) serve the lowest-achieving schools, in11 cluding schools identified under subsection (b) 

12 or (c) of section 1116; 

13 ‘‘(B) demonstrate the greatest need for 

14 such funds; and 

15 ‘‘(C) demonstrate the strongest commit16 ment to ensuring that such funds are used to 

17 enable the lowest-achieving schools to improve 

18 student achievement and outcomes. 

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

20 with local educational agencies in the State, the 

21 State educational agency determines that the 

22 amount of funds reserved to carry out this sub23 section is greater than the amount needed to provide 

24 the assistance described in this subsection, the State 


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1 educational agency shall allocate the excess amount 

2 to local educational agencies in accordance with— 

3 ‘‘(A) the relative allocations the State edu4 cational agency made to those agencies for that 

5 fiscal year under subpart 2 of part A; or 

6 ‘‘(B) section 1126(c). 

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

8 other provision of this subsection, the amount of 

9 funds reserved by the State educational agency 

10 under this subsection in any fiscal year shall not de11 crease the amount of funds each local educational 

12 agency receives under subpart 2 of part A below the 

13 amount received by such local educational agency 

14 under such subpart for the preceding fiscal year. 

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

16 agency shall make publicly available a list of those 

17 schools that have received funds or services pursuant 

18 to this subsection and the percentage of students 

19 from each such school from families with incomes 

20 below the poverty line.’’. 

21 PART A—IMPROVING THE ACADEMIC 

22 ACHIEVEMENT OF THE DISADVANTAGED 

23 SEC. 1111. STATE AND LOCAL REQUIREMENTS. 

24 Section 1111 (20 U.S.C. 6301) is amended to read 

25 as follows: 


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1 ‘‘SEC. 1111. STATE AND LOCAL REQUIREMENTS. 

2 ‘‘(a) ACADEMIC STANDARDS, ACADEMIC ASSESS3 MENTS, AND ACCOUNTABILITY REQUIREMENTS.— 

4 ‘‘(1) REQUIREMENTS FOR COLLEGE AND CA5 REER READY STATE STANDARDS.—In order to re6 ceive a grant under this part, each State shall dem7 onstrate that the State meets the following require8 ments: 

9 ‘‘(A) COLLEGE AND CAREER READY

10 ALIGNED STANDARDS FOR READING OR LAN11 GUAGE ARTS AND MATHEMATICS.— 

12 ‘‘(i) IN GENERAL.—The State shall— 

13 ‘‘(I) not later than December 31, 

14 2013, adopt college and career ready 

15 academic content standards in reading 

16 or language arts, and mathematics, 

17 that meet the requirements of clauses 

18 (ii) and (iii); and 

19 ‘‘(II) not later than the beginning 

20 of the 2015–2016 school year, adopt 

21 college and career ready student aca22 demic achievement standards in read23 ing or language arts, and mathe24 matics, that meet the requirements of 

25 clauses (ii) and (iv). 


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1 ‘‘(ii) ALIGNMENT OF COLLEGE AND

2 CAREER READY STANDARDS.—Each State 

3 plan shall demonstrate that the State has 

4 adopted college and career ready academic 

5 content standards and college and career 

6 ready student academic achievement stand7 ards that are aligned with— 

8 ‘‘(I) academic coursework, with9 out the need for remediation, at public 

10 institutions of higher education in the 

11 State; 

12 ‘‘(II) relevant State career and 

13 technical education standards; and 

14 ‘‘(III) appropriate career skills. 

15 ‘‘(iii) REQUIREMENTS FOR ACADEMIC

16 CONTENT STANDARDS.—College and career 

17 ready academic content standards shall— 

18 ‘‘(I) be used by the State, and by 

19 local educational agencies, public ele20 mentary schools, and public secondary 

21 schools in the State to carry out the 

22 requirements of this part; 

23 ‘‘(II) be the same standards that 

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1 tary and secondary schools and stu2 dents in the State; 

3 ‘‘(III) include the same knowl4 edge, skills, and levels of achievement 

5 expected of all elementary and sec6 ondary school students in the State; 

7 and 

8 ‘‘(IV) be evidence-based and in9 clude rigorous content and skills. 

10 ‘‘(iv) REQUIREMENTS FOR STUDENT

11 ACADEMIC ACHIEVEMENT STANDARDS.— 

12 College and career ready student academic 

13 achievement standards for a subject 

14 shall— 

15 ‘‘(I) be aligned with the State’s 

16 academic content standards described 

17 in clause (iii); and 

18 ‘‘(II) establish levels of perform19 ance (at a minimum, basic, on-track, 

20 and advanced levels) that determine 

21 how well students are mastering the 

22 material in the State academic con23 tent standards. 

24 ‘‘(v) METHOD.—A State may meet 

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1 dividually or through a consortium with 1 

2 or more other States. 

3 ‘‘(vi) NO REQUIREMENT TO SUBMIT

4 STANDARDS TO THE SECRETARY.—A State 

5 shall not be required to submit the State’s 

6 college and career ready academic content 

7 standards or the State’s college and career 

8 ready student academic achievement stand9 ards to the Secretary for review or ap10 proval. 

11 ‘‘(B) SCIENCE STANDARDS.—A State— 

12 ‘‘(i) shall demonstrate that the State 

13 has adopted, by not later than December 

14 31, 2013, statewide academic content 

15 standards and student academic achieve16 ment standards in science that are aligned 

17 with the knowledge and skills needed to be 

18 college and career ready, as described in 

19 subparagraph (A)(ii); 

20 ‘‘(ii) shall not be required to submit 

21 such standards to the Secretary; and 

22 ‘‘(iii) may choose to use such stand23 ards as part of the State’s accountability 

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1 ards meet the requirements of clauses (ii) 

2 through (iv) of subparagraph (A). 

3 ‘‘(C) STANDARDS FOR OTHER SUB4 JECTS.—If a State adopts high-quality aca5 demic content standards and student academic 

6 achievement standards in subjects other than 

7 reading or language arts, mathematics, and 

8 science, such State may choose to use such 

9 standards as part of the State’s accountability 

10 system, consistent with section 1116. 

11 ‘‘(D) ALTERNATE ACADEMIC ACHIEVE12 MENT STANDARDS FOR STUDENTS WITH THE

13 MOST SIGNIFICANT COGNITIVE DISABILITIES.— 

14 The State may, through a documented and vali15 dated standards-setting process, adopt alternate 

16 academic achievement standards in any subject 

17 included in the State’s accountability system 

18 under paragraph (3) for students with the most 

19 significant cognitive disabilities, if— 

20 ‘‘(i) the determination about whether 

21 the achievement of an individual student 

22 should be measured against such standards 

23 is made separately for each student in each 

24 subject being assessed; and 


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1 ‘‘(ii) such alternate academic achieve2 ment standards— 

3 ‘‘(I) are aligned with the State 

4 academic content standards required 

5 under this paragraph for the subject; 

6 ‘‘(II) provide access to the gen7 eral curriculum and the student aca8 demic achievement standards required 

9 under this paragraph for such subject; 

10 and 

11 ‘‘(III) reflect professional judg12 ment as to the highest possible stand13 ards achievable by such student. 

14 ‘‘(E) ENGLISH LANGUAGE PROFICIENCY

15 STANDARDS.—A State shall, not later than De16 cember 31, 2014, adopt high-quality English 

17 language proficiency standards that— 

18 ‘‘(i) are aligned with the State’s aca19 demic content standards in reading or lan20 guage arts under subparagraph (A) so that 

21 achieving English language proficiency, as 

22 measured by the State’s English language 

23 proficiency standards, indicates a sufficient 

24 knowledge of English to allow the State to 

25 validly and reliably measure the student’s 


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1 achievement on the State’s reading or lan2 guage arts student academic achievement 

3 standards; 

4 ‘‘(ii) ensure proficiency in English for 

5 each of the domains of speaking, listening, 

6 reading, and writing; 

7 ‘‘(iii) address the different proficiency 

8 levels of English learners; and 

9 ‘‘(iv) are updated, not later than 1 

10 year after the State adopts any new aca11 demic content standards in reading or lan12 guage arts under this paragraph, in order 

13 to align the English language proficiency 

14 standards with the new content standards. 

15 ‘‘(F) NO FEDERAL CONTROL.—Nothing in 

16 this section shall be construed to authorize an 

17 officer or employee of the Federal Government 

18 to mandate, direct, or control a State’s aca19 demic content standards or student academic 

20 achievement standards developed in accordance 

21 with this section. 

22 ‘‘(G) EXISTING STANDARDS.—Nothing in 

23 this part shall prohibit a State from revising, 

24 consistent with this section, any standard 

25 adopted under this part before, on, or after the 


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1 date of enactment of the Elementary and Sec2 ondary Education Reauthorization Act of 2011. 

3 ‘‘(2) ACADEMIC ASSESSMENTS.— 

4 ‘‘(A) STATE ASSESSMENTS.—The State 

5 plan shall demonstrate that the State edu6 cational agency, in consultation with local edu7 cational agencies, shall, beginning not later 

8 than the beginning of the 2015–2016 school 

9 year, adopt and implement statewide assess10 ments that— 

11 ‘‘(i) include statewide assessments in 

12 reading or language arts, and mathe13 matics, annually for grades 3 through 8 

14 and not less frequently than once during 

15 grades 10 through 12, that— 

16 ‘‘(I) are aligned with the State’s 

17 academic content standards in such 

18 subjects under paragraph (1)(A); 

19 ‘‘(II) are administered to all pub20 lic elementary and secondary school 

21 students in the State; 

22 ‘‘(III) measure individual aca23 demic achievement; 

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1 ure individual student growth, includ2 ing measuring whether students are 

3 attaining growth in accordance with 

4 clauses (i) and (ii) of such subsection; 

5 and 

6 ‘‘(V) may, at the State’s choos7 ing— 

8 ‘‘(aa) be administered 

9 through a single summative as10 sessment each year; or 

11 ‘‘(bb) be administered 

12 through multiple statewide as13 sessments during the course of 

14 the year if the State can dem15 onstrate to the Secretary’s satis16 faction that the results of these 

17 multiple assessments, taken in 

18 their totality, provide a 

19 summative score that provides 

20 valid and reliable information on 

21 whether students are on track to 

22 college and career readiness in 

23 reading or language arts, and 

24 mathematics; 


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1 ‘‘(ii) include statewide assessments in 

2 science, not less than once during each of 

3 the grade spans of grades 3 through 5, 6 

4 through 9, and 10 through 12, that meas5 ure— 

6 ‘‘(I) student achievement relative 

7 to the State’s science student aca8 demic achievement standards under 

9 paragraph (1)(B); 

10 ‘‘(II) individual academic achieve11 ment; and 

12 ‘‘(III) in the case of a State de13 scribed in subsection (b)(1)(B), indi14 vidual student growth, including 

15 measuring whether students are at16 taining growth in accordance with 

17 clauses (i) and (ii) of such subsection; 

18 ‘‘(iii) include the English language 

19 proficiency assessments and any alternate 

20 assessments described in subparagraphs 

21 (D) and (E), respectively; and 

22 ‘‘(iv) at the discretion of the State, 

23 measure the proficiency of students in the 

24 other academic subjects for which the 

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1 ards and student academic achievement 

2 standards under paragraph (1)(C). 

3 ‘‘(B) REQUIREMENTS FOR ASSESS4 MENTS.—The assessments administered under 

5 this paragraph shall— 

6 ‘‘(i) be the same academic assess7 ments used to measure the achievement of 

8 all students; 

9 ‘‘(ii) be used only for purposes for 

10 which such assessments are valid and reli11 able, and be consistent with relevant, na12 tionally recognized professional and tech13 nical standards; 

14 ‘‘(iii) be used only if the State edu15 cational agency provides to the Secretary 

16 evidence that the assessments used are of 

17 adequate technical quality for each purpose 

18 required under this Act and are consistent 

19 with the requirements of this section, 

20 which evidence the Secretary may make 

21 public; 

22 ‘‘(iv) involve multiple measures of stu23 dent academic achievement, including 

24 measures that assess higher-order thinking 

25 skills and understanding; 


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1 ‘‘(v) provide for— 

2 ‘‘(I) the participation in such as3 sessments of all students; 

4 ‘‘(II) the reasonable adaptations 

5 for children with disabilities necessary 

6 to measure the academic achievement 

7 of such children in a subject, relative 

8 to the State academic content stand9 ards and State student academic 

10 achievement standards under para11 graph (1) for such subject; and 

12 ‘‘(III) the valid and reliable ac13 commodations for children with dis14 abilities necessary to measure the aca15 demic achievement of such children in 

16 a subject, relative to the State aca17 demic content standards and State 

18 student academic achievement stand19 ards under paragraph (1) for such 

20 subject; and 

21 ‘‘(IV) the inclusion of English 

22 learners, who shall be assessed in a 

23 valid and reliable manner and pro24 vided reasonable accommodations on 

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1 dents under this paragraph, including, 

2 to the extent practicable, assessments 

3 in the language and form most likely 

4 to yield accurate data on what such 

5 students know and can do in academic 

6 content areas, until such students 

7 have achieved English language pro8 ficiency as determined under subpara9 graph (D), except that the State may 

10 exempt any English learner at the 

11 lowest levels of English language pro12 ficiency from the reading or language 

13 arts assessment for not more than 2 

14 years following the date of the stu15 dent’s first enrollment in a school in 

16 the United States; 

17 ‘‘(vi) notwithstanding clause (v)(IV), 

18 include the academic assessment (using 

19 tests written in English) of reading or lan20 guage arts of any student who has at21 tended school in the United States (not in22 cluding Puerto Rico) for 3 or more con23 secutive school years, except that, if the 

24 local educational agency determines, on a 

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1 demic assessments in another language or 

2 form would likely yield more accurate and 

3 reliable information on what such student 

4 knows and can do, the local educational 

5 agency may make a determination to as6 sess such student in the appropriate lan7 guage other than English for a period that 

8 does not exceed 2 additional consecutive 

9 years, if such student has not yet reached 

10 a level of English language proficiency suf11 ficient to yield valid and reliable informa12 tion on what such student knows and can 

13 do on tests (written in English) of reading 

14 or language arts; 

15 ‘‘(vii) include students who have at16 tended schools in a local educational agen17 cy for a full academic year but have not at18 tended a single school for a full academic 

19 year; 

20 ‘‘(viii) produce individual student in21 terpretive, descriptive, and diagnostic re22 ports that allow parents, teachers, and 

23 principals to understand and address the 

24 specific academic needs of students and in25 clude information regarding achievement 


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1 on the academic assessments aligned with 

2 State academic achievement standards, 

3 and that are provided to parents, teachers, 

4 and principals— 

5 ‘‘(I) as soon as is practicably pos6 sible after the assessment is given; 

7 ‘‘(II) in an understandable and 

8 uniform format; and 

9 ‘‘(III) to the extent practicable, 

10 in a language that parents can under11 stand; 

12 ‘‘(ix) enable results to be 

13 disaggregated within the State, local edu14 cational agency, and school by gender, by 

15 each major racial and ethnic group, by 

16 English language proficiency status, by mi17 grant status, by status as a student with 

18 a disability, and by economically disadvan19 taged status, except that, in the case of a 

20 local educational agency or a school, such 

21 disaggregation shall not be required in a 

22 case in which the results would reveal per23 sonally identifiable information about an 

24 individual student; 


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1 ‘‘(x) be consistent with widely accept2 ed professional testing standards and ob3 jectively measure academic achievement, 

4 knowledge, and skills; 

5 ‘‘(xi) not evaluate or assess personal 

6 or family beliefs and attitudes or publicly 

7 disclose personally identifiable information; 

8 ‘‘(xii) enable itemized score analyses 

9 to be produced and reported, consistent 

10 with clause (ii), to local educational agen11 cies and schools, so that parents, teachers, 

12 principals, and administrators can inter13 pret and address the specific academic 

14 needs of students as indicated by the stu15 dents’ achievement on assessment items; 

16 ‘‘(xiii) produce student achievement 

17 and other student data that can be used to 

18 inform determinations of individual prin19 cipal and teacher effectiveness for purposes 

20 of evaluation and for determining the 

21 needs of principals and teachers for profes22 sional development and support; and 

23 ‘‘(xiv) consistent with paragraph 

24 (3)(D), be administered to not less than 95 

25 percent of all students, and not less than 


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1 95 percent of each subgroup of students 

2 described in clause (ix), who are enrolled in 

3 the school. 

4 ‘‘(C) LANGUAGES OF ASSESSMENTS.—The 

5 State shall identify the languages other than 

6 English that are present in the participating 

7 student population in the State and indicate, in 

8 the State’s plan under subsection (b), the lan9 guages for which yearly student academic as10 sessments included in the State’s accountability 

11 system under paragraph (3) are not available 

12 and are needed. The State shall make every ef13 fort to develop assessments in such languages 

14 and may request assistance from the Secretary 

15 if linguistically accessible academic assessments 

16 are needed. Upon request, the Secretary shall 

17 assist with the identification of appropriate aca18 demic assessments in such languages, but shall 

19 not mandate a specific academic assessment or 

20 mode of instruction. 

21 ‘‘(D) ASSESSMENTS OF ENGLISH LAN22 GUAGE PROFICIENCY.— 

23 ‘‘(i) IN GENERAL.—Each State plan 

24 shall demonstrate that local educational 

25 agencies in the State will, not later than 


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1 the beginning of the 2015–2016 school 

2 year, provide for the annual assessment of 

3 English language proficiency of all English 

4 learners in the schools served by the State 

5 educational agency. 

6 ‘‘(ii) REQUIREMENTS.—The English 

7 language proficiency assessment described 

8 in clause (i) shall— 

9 ‘‘(I) be aligned with the State’s 

10 English language proficiency stand11 ards under paragraph (1)(E); 

12 ‘‘(II) be designed to measure, in 

13 a valid and reliable manner, student 

14 progress toward, and attainment of, 

15 English language proficiency; and 

16 ‘‘(III) reflect the academic lan17 guage that is required for success on 

18 the State’s academic assessments, 

19 consistent with paragraph (1)(E)(iv). 

20 ‘‘(E) ALTERNATE ASSESSMENTS FOR STU21 DENTS WITH THE MOST SIGNIFICANT COG22 NITIVE DISABILITIES.—A State may provide al23 ternate assessments that are aligned with alter24 nate academic achievement standards described 


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1 in paragraph (1)(D) for students with the most 

2 significant cognitive disabilities, if the State— 

3 ‘‘(i) establishes and monitors imple4 mentation of clear and appropriate guide5 lines for individualized education program 

6 teams (as defined in section 614(d)(1)(B) 

7 of the Individuals with Disabilities Edu8 cation Act) to apply in determining, on a 

9 subject-by-subject basis, when a child’s sig10 nificant cognitive disability justifies assess11 ment based on alternate academic achieve12 ment standards; 

13 ‘‘(ii) ensures that parents of the stu14 dents whom the State plans to assess using 

15 alternate assessments are involved in the 

16 decision that their child’s academic 

17 achievement will be measured against al18 ternate academic achievement standards, 

19 consistent with section 

20 614(d)(1)(A)(i)(VI)(bb) of the Individuals 

21 with Disabilities Education Act, and are 

22 informed whether participation in such as23 sessment may preclude the student from 

24 completing the requirements for a regular 


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1 secondary school diploma, as determined 

2 by the State; 

3 ‘‘(iii) provides evidence that students 

4 with the most significant cognitive disabil5 ities are, to the maximum extent prac6 ticable, included in the general curriculum 

7 and in assessments aligned with such cur8 riculum, as described in section 

9 601(c)(5)(A) of the Individuals with Dis10 abilities Education Act; 

11 ‘‘(iv) certifies that, consistent with 

12 section 612(a)(16)(A) of the Individuals 

13 with Disabilities Education Act, the State’s 

14 regular academic assessments described in 

15 subparagraphs (A), (C), and (D) are uni16 versally designed to be accessible to stu17 dents, including students with sensory, 

18 physical, and intellectual disabilities, 

19 through the provision of reasonable adap20 tations and valid and reliable accommoda21 tions that produce valid results; 

22 ‘‘(v) develops, disseminates informa23 tion about, makes available, and promotes 

24 the use of reasonable adaptations and valid 

25 and reliable accommodations to increase 


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1 the number of students with the most sig2 nificant cognitive disabilities participating 

3 in grade-level academic instruction and as4 sessments that are aligned with grade-level 

5 academic standards, and promotes the use 

6 of appropriate accommodations to increase 

7 the number of students with the most sig8 nificant cognitive disabilities who are test9 ed against grade-level academic achieve10 ment standards; 

11 ‘‘(vi) takes steps to ensure that reg12 ular and special education teachers and 

13 other appropriate staff know how to ad14 minister assessments, including how to 

15 make appropriate use of reasonable adap16 tations and valid and reliable accommoda17 tions for such assessments, for students 

18 with the most significant cognitive disabil19 ities; and 

20 ‘‘(vii) requires separate determina21 tions about whether a student should be 

22 assessed using an alternate assessment for 

23 each subject assessed. 

24 ‘‘(F) ADAPTIVE ASSESSMENTS.—A State 

25 may develop and administer computer adaptive 


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1 assessments as the assessments required under 

2 subparagraph (A). If a State develops and ad3 ministers a computer adaptive assessment for 

4 such purposes, the assessment shall meet the 

5 requirements of this paragraph, except as fol6 lows: 

7 ‘‘(i) Notwithstanding subparagraph 

8 (A)(i)(I), the assessment shall measure, at 

9 a minimum, whether each student is meet10 ing or exceeding the on-track level of per11 formance for the State academic content 

12 standards for the student’s grade level, 

13 and, if the State chooses— 

14 ‘‘(I) may measure the student’s 

15 level of performance in the grades 

16 above or below the student’s grade 

17 level; and 

18 ‘‘(II) may be used to measure 

19 student growth using assessment 

20 items above and below grade level, in21 cluding for purposes of determining if 

22 a student is attaining growth in ac23 cordance with clauses (i) and (ii) of 

24 subsection (b)(1)(B), as applicable. 


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1 ‘‘(ii) Subparagraph (B)(i) shall not be 

2 interpreted to require that all students tak3 ing the computer adaptive assessment be 

4 administered the same assessment items. 

5 ‘‘(G) REDUCING DUPLICATIVE ASSESS6 MENT.—The State shall include, in the State 

7 plan under subsection (b), a description of how 

8 the State will regularly analyze assessment and 

9 accommodations practice and use, and reduce 

10 duplicative assessment. 

11 ‘‘(3) STATE-DESIGNED ACCOUNTABILITY SYS12 TEMS.— 

13 ‘‘(A) ACCOUNTABILITY SYSTEM.—Each 

14 State plan shall, not later than the beginning of 

15 the 2013–2014 school year, demonstrate that 

16 the State educational agency has developed and 

17 is implementing a single, statewide account18 ability system that— 

19 ‘‘(i) annually measures and reports 

20 on— 

21 ‘‘(I) the achievement of students 

22 in all public elementary schools and 

23 secondary schools and local edu24 cational agencies in the State on the 


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1 assessments described in paragraph 

2 (2); and 

3 ‘‘(II) for high schools in the 

4 State, graduation rates; 

5 ‘‘(ii) expects the continuous improve6 ment of all public schools in the State in 

7 the academic achievement and outcomes of 

8 all students, including the subgroups of 

9 students described in section 

10 1116(b)(1)(B); 

11 ‘‘(iii) annually identifies schools that 

12 need supports and interventions to prepare 

13 college and career ready students; 

14 ‘‘(iv) provides for the improvement, 

15 through supports and interventions that 

16 address student needs, of all schools that 

17 are not identified under section 1116(b) 

18 but are low-performing or have low-per19 forming subgroups of the students de20 scribed in section 1116(b)(1)(B); 

21 ‘‘(v) develops the capacity of local 

22 educational agencies and schools to effec23 tively educate their students and continu24 ously improve; 


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1 ‘‘(vi) recognizes, and encourages other 

2 local educational agencies to replicate, the 

3 practices of local educational agencies and 

4 schools that are successful in effecting sig5 nificant student achievement or student 

6 growth; and 

7 ‘‘(vii) meets the requirements of sec8 tion 1116. 

9 ‘‘(B) SUBJECTS COVERED.—The State 

10 shall include in the accountability system the 

11 subjects of reading or language arts and mathe12 matics and may include any other subject that 

13 the State chooses through its State plan, if the 

14 State has adopted academic content standards 

15 and student academic achievement standards 

16 under paragraph (1)(C) and assessments under 

17 paragraph (2)(B) for the subject. 

18 ‘‘(C) ACCOUNTABILITY FOR CHARTER

19 SCHOOLS.—The accountability provisions under 

20 this Act shall be overseen for public charter 

21 schools in accordance with State charter school 

22 law. 

23 ‘‘(D) STUDENTS WITH THE MOST SIGNIFI24 CANT COGNITIVE DISABILITIES.—In deter25 mining the percentage of students who are on 


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1 track to college and career readiness or, if ap2 plicable, attaining growth in accordance with 

3 clauses (i) and (ii) of subsection (b)(1)(B), for 

4 a subject for any purpose under this section or 

5 section 1116 or 1117, a State educational agen6 cy may include, for all schools in the State, the 

7 performance of the State’s students with the 

8 most significant cognitive disabilities on alter9 nate assessments as described in paragraph 

10 (2)(E) in the subjects included in the State’s 

11 accountability system, if the total number of 

12 those students in all grades assessed and for 

13 each subject in the accountability system who 

14 are on track to college and career readiness, ac15 cording to those alternate assessments, does not 

16 exceed 1 percent of all students in the State in 

17 the grades assessed in each subject. 

18 ‘‘(4) TRANSITION PROVISIONS.—The Secretary 

19 shall take such steps as are necessary to provide for 

20 the orderly transition between the accountability sys21 tems required under section 1111(b)(2), as such sec22 tion was in effect on the day before the date of en23 actment of the Elementary and Secondary Edu24 cation Reauthorization Act of 2011, and the new ac25 countability systems required under this subsection. 


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1 ‘‘(5) VOLUNTARY PARTNERSHIPS.—A State 

2 may enter into a voluntary partnership with another 

3 State to develop and implement the academic assess4 ments, academic content standards, and student aca5 demic achievement standards required under this 

6 section. 

7 ‘‘(b) STATE PLANS.— 

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

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

11 developed by the State educational agency in con12 sultation with local educational agencies, teachers, 

13 principals, specialized instructional support per14 sonnel, administrators, other staff, and parents, 

15 that— 

16 ‘‘(A) demonstrates the State’s compliance 

17 with this section; 

18 ‘‘(B) if the State chooses to use student 

19 growth as a measure of academic progress and 

20 to determine if students are on track to college 

21 and career readiness, describes how the State 

22 will measure student growth to ensure that— 

23 ‘‘(i) a student performing below the 

24 on-track level of performance for the stu25 dent’s grade level under subsection 


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1 (a)(1)(A)(iv) on the academic assessment 

2 for the subject under subsection (a)(2) is 

3 attaining a rate of academic growth in the 

4 subject that indicates that the student will 

5 be on track to college and career readiness 

6 in not more than a specified number of 

7 years; or 

8 ‘‘(ii) a student who is performing at 

9 or above the on-track level of performance 

10 for the student’s grade level on the aca11 demic assessment for the subject is con12 tinuing to make academic growth; 

13 ‘‘(C) is coordinated with the State plans 

14 required by other programs under this Act, the 

15 Individuals with Disabilities Education Act, the 

16 Rehabilitation Act of 1973 (29 U.S.C. 701 et 

17 seq.), the Carl D. Perkins Career and Technical 

18 Education Act of 2006, the Head Start Act, the 

19 Child Care and Development Block Grant Act 

20 of 1990, and the Adult Education and Family 

21 Literacy Act; 

22 ‘‘(D) provides an assurance that the State 

23 will continue to administer the academic assess24 ments required under paragraphs (3)(A) and 

25 (7) of this subsection, as such paragraphs were 


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1 in effect on the day before the date of enact2 ment of the Elementary and Secondary Edu3 cation Reauthorization Act of 2011, and to in4 clude the results of such assessments in the 

5 State’s accountability system, until the State 

6 has implemented the assessments required 

7 under subsection (a)(2); 

8 ‘‘(E) provides an assurance that the State 

9 will participate in the biennial State academic 

10 assessments of grade 4 and grade 8 reading 

11 and mathematics under the National Assess12 ment of Educational Progress carried out under 

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

14 Educational Progress Authorization Act if the 

15 Secretary pays the costs of administering such 

16 assessments; 

17 ‘‘(F) describes the State accountability sys18 tem under subsection (a)(3) and the State’s 

19 plan for blue ribbon schools under section 1117 

20 (if the State chooses to carry out such section); 

21 ‘‘(G) describes the process the State will 

22 utilize to review local educational agency plans 

23 submitted pursuant to section 1112, including 

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1 scribed in section 1118 and other provisions re2 lated to parent and family engagement; 

3 ‘‘(H) describes the support the State will 

4 provide to local educational agencies for the 

5 education of homeless children and youths, and 

6 how such support is consistent with the require7 ments of subtitle B of title VII of the McKin8 ney-Vento Homeless Assistance Act; 

9 ‘‘(I) describes how the State educational 

10 agency has involved the committee of practi11 tioners established under section 1603(b) in de12 veloping the plan and monitoring its implemen13 tation; 

14 ‘‘(J) describes how the State educational 

15 agency will coordinate with the State Advisory 

16 Council on Early Childhood Education and 

17 Care, as appropriate; 

18 ‘‘(K) describes how the State and State 

19 educational agency will comply with the require20 ments of section 1501, and the State’s plan to 

21 ensure such compliance; 

22 ‘‘(L) describes how, beginning not later 

23 than 1 year after the date of enactment of the 

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1 thorization Act of 2011, and for each subse2 quent year— 

3 ‘‘(i) the State educational agency will 

4 provide for the equitable distribution of 

5 teachers in the State within local edu6 cational agencies and the State using data 

7 on the percentage and distribution of more 

8 than 1, or an index that incorporates more 

9 than 1, of the categories of teachers de10 scribed in subparagraph (M); and 

11 ‘‘(ii) the State will report to the Sec12 retary the percentage and distribution of 

13 teachers in the State, based on the meas14 ures used in the State, for each quartile of 

15 schools based on school poverty level, for 

16 high-minority schools, and for low-minority 

17 schools; and 

18 ‘‘(M) describes how the State will annually 

19 submit to the Secretary, for each quartile of 

20 schools in the State based on school poverty 

21 level and for high-minority schools and low-mi22 nority schools in the State, data regarding the 

23 percentage and distribution of the following cat24 egories of teachers: 


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1 ‘‘(i) Teachers who are not classified as 

2 highly qualified teachers. 

3 ‘‘(ii) Teachers who are inexperienced. 

4 ‘‘(iii) Teachers who have not com5 pleted a teacher preparation program. 

6 ‘‘(iv) Teachers who are not teaching 

7 in the subject or field for which the teacher 

8 is certified or licensed. 

9 ‘‘(v) Where applicable, teachers who 

10 are in the highest or lowest rating cat11 egories of a teacher evaluation system that 

12 is consistent with section 2301(b)(4). 

13 ‘‘(2) COMPREHENSIVE PLAN.—A State plan 

14 submitted under paragraph (1) may be submitted as 

15 part of the comprehensive plan under section 9302. 

16 ‘‘(3) DURATION OF THE PLAN.— 

17 ‘‘(A) IN GENERAL.—Each State plan 

18 shall— 

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

20 of the State’s participation under this part; 

21 and 

22 ‘‘(ii) be periodically reviewed and re23 vised as necessary by the State educational 

24 agency to reflect changes in the State’s 

25 strategies and programs under this part. 


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1 ‘‘(B) ADDITIONAL INFORMATION.— 

2 ‘‘(i) REVISED PLANS.—If a State 

3 makes significant changes to its plan, such 

4 as adopting new State academic content 

5 standards, new State student achievement 

6 standards, or new academic assessments 

7 under subsection (a), the State shall sub8 mit a revised plan to the Secretary. 

9 ‘‘(ii) REVIEW OF REVISED PLANS.— 

10 The Secretary shall review the information 

11 submitted under clause (i) and may, not12 withstanding paragraph (4), approve or 

13 disapprove changes to the State plan with14 out undertaking the peer-review or hearing 

15 process described in such paragraph. 

16 ‘‘(4) PEER REVIEW AND SECRETARIAL AP17 PROVAL.— 

18 ‘‘(A) SECRETARIAL DUTIES.—The Sec19 retary shall— 

20 ‘‘(i) establish a peer-review process 

21 that maximizes collaboration with each 

22 State to assist in the review of State plans; 

23 ‘‘(ii) appoint expert individuals to the 

24 peer-review process who— 


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

3 ‘‘(II) are representative of par4 ents, teachers, State educational agen5 cies, and local educational agencies; 

6 and 

7 ‘‘(III) are familiar with edu8 cational standards, assessments, ac9 countability, the needs of persistently 

10 low-achieving schools as described in 

11 section 1116(c)(2), and the needs of 

12 disadvantaged students and other 

13 educational needs of students; 

14 ‘‘(iii) ensure that the peer-review 

15 process provides timely feedback from the 

16 peer-review panel to the States, and that 

17 such feedback shall be made publicly avail18 able, including through electronic means; 

19 ‘‘(iv) not decline approval of a State 

20 plan before— 

21 ‘‘(I) offering the State an oppor22 tunity to revise the State plan; 

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1 ments of this subsection and sub2 sections (a) and (c); and 

3 ‘‘(III) upon the request of a 

4 State, providing a hearing; 

5 ‘‘(v) have the authority to disapprove 

6 a State plan for not meeting the require7 ments of this part, and may deny approval 

8 to a State plan under this subsection that 

9 was recommended by the peer-review panel 

10 by making available written findings of the 

11 cause for such disapproval; 

12 ‘‘(vi) approve a State plan not later 

13 than 120 days after its submission unless 

14 the Secretary determines that the plan 

15 does not meet the requirements of this sec16 tion; 

17 ‘‘(vii) if the Secretary determines that 

18 the State plan does not meet the require19 ments of this subsection and subsection 

20 (c), immediately notify the State in writing 

21 of such determination and the reasons for 

22 such determination; and 

23 ‘‘(viii) not have the authority to re24 quire a State, as a condition of approval of 

25 the State plan, to include in, or delete 


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1 from, such plan 1 or more specific ele2 ments of the State’s academic content 

3 standards or to use specific academic as4 sessment instruments or items. 

5 ‘‘(B) STATE REVISIONS.—A State plan 

6 shall be revised by the State educational agency 

7 if necessary to satisfy the requirements of this 

8 section. 

9 ‘‘(c) PARENT AND FAMILY ENGAGEMENT.—Each 

10 State plan shall include a description of how the State will 

11 strengthen engagement of the parents and families in edu12 cation (referred to in this subsection as the ‘parent and 

13 family engagement plan’) in accordance with the following: 

14 ‘‘(1) STATEWIDE PARENT AND FAMILY EN15 GAGEMENT STRATEGY.—The parent and family en16 gagement plan shall demonstrate how the State 

17 plans to increase and enhance the engagement of 

18 parents and family members in education through19 out the State, through the implementation and rep20 lication of evidence-based or promising practices and 

21 strategies, in order to— 

22 ‘‘(A) increase student academic achieve23 ment and college and career readiness (as 

24 measured by the State academic content and 

25 student academic achievement standards); 


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1 ‘‘(B) provide parents and family members 

2 with the skills and opportunities necessary to 

3 become full partners in their child’s education; 

4 ‘‘(C) improve child development; 

5 ‘‘(D) strengthen relationships and partner6 ships among school personnel (including edu7 cators and administrators) and parents and 

8 family members, to support student achieve9 ment and college and career readiness; 

10 ‘‘(E) improve the ability of local edu11 cational agencies and schools to increase the 

12 participation of parents and family members in 

13 school improvement strategies; and 

14 ‘‘(F) focus the activities described in sub15 paragraphs (A) through (E) in high-need local 

16 educational agencies and high-need schools. 

17 ‘‘(2) COORDINATION; COLLECTION; DISSEMINA18 TION.—The parent and family engagement plan 

19 shall describe how the State will— 

20 ‘‘(A) ensure maximum coordination and 

21 minimum duplication of efforts (which may in22 clude the designation of a parent and family en23 gagement coordinator) among, at a minimum— 

24 ‘‘(i) Federal, State, and local pro25 grams; 


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1 ‘‘(ii) the State Advisory Councils on 

2 Early Childhood Education and Care; 

3 ‘‘(iii) the parent and family informa4 tion and resource centers established under 

5 part G of title IV; and 

6 ‘‘(iv) appropriate non-Federal entities 

7 (such as community-based and philan8 thropic organizations); and 

9 ‘‘(B) collect and disseminate best practices 

10 and research on parent and family engagement 

11 strategies to— 

12 ‘‘(i) local educational agencies, includ13 ing high-need local educational agencies, 

14 and high-need schools in the State, such as 

15 through parent and family engagement 

16 academies and other leadership develop17 ment strategies; and 

18 ‘‘(ii) institutions of higher education 

19 and other organizations with a dem20 onstrated record of success in increasing 

21 the engagement of parents and family 

22 members in education. 

23 ‘‘(3) TECHNICAL ASSISTANCE, TRAINING, AND

24 CAPACITY-BUILDING.—The State parent and family 

25 engagement plan shall describe the evidence-based 


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1 technical assistance, professional development, or 

2 other capacity-building strategies that the State will 

3 provide to, at a minimum, high-need local edu4 cational agencies and high-need schools, which— 

5 ‘‘(A) shall include the provision of tech6 nical assistance to local educational agencies 

7 that serve schools identified under subsection 

8 (b) or (c)(2) of section 1116; 

9 ‘‘(B) shall include partnering with the ap10 propriate parent and family information and re11 source centers; and 

12 ‘‘(C) may include assistance in developing, 

13 revising, or implementing the local educational 

14 agency plans submitted pursuant to section 

15 1112, as such plans relate to supporting parent 

16 and family engagement. 

17 ‘‘(4) LEVERAGING RESOURCES.—Each State 

18 plan may include a description of how the State will 

19 leverage resources of employers, business leaders, 

20 philanthropic and non-profit organizations, and 

21 other community members committed to improving 

22 student achievement and development to increase 

23 and strengthen parent and family engagement. 

24 ‘‘(d) ANNUAL STATE REPORT CARDS.— 


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

2 grant under this part shall prepare and disseminate 

3 an annual report card for each public elementary 

4 school and secondary school in the State, each local 

5 educational agency in the State, and the State as a 

6 whole. 

7 ‘‘(2) REQUIREMENTS FOR ALL REPORT

8 CARDS.—The State shall ensure that the school, 

9 local educational agency, and State report cards re10 quired under this subsection shall— 

11 ‘‘(A) be uniform across the State; 

12 ‘‘(B) be concise; 

13 ‘‘(C) be presented in a format that is eas14 ily understandable and, to the extent prac15 ticable, provided in a language that parents can 

16 understand; and 

17 ‘‘(D) be accessible to the public, which 

18 shall include— 

19 ‘‘(i) making the State report card and 

20 all local educational agency and school re21 port cards available on a single webpage of 

22 the State’s website; 

23 ‘‘(ii) placing, on the website of each 

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1 cess to the report card for the local edu2 cational agency or school, respectively; and 

3 ‘‘(iii) providing a copy of a school’s re4 port card to the parents of each student 

5 enrolled in the school each year. 

6 ‘‘(3) REQUIRED STUDENT INFORMATION FOR

7 SCHOOL REPORT CARDS.—Each school report card 

8 required under paragraph (1) shall include the fol9 lowing: 

10 ‘‘(A) A clear and concise description of the 

11 State’s accountability system under subsection 

12 (a)(3), including a description of the criteria by 

13 which the State evaluates school performance, 

14 and the criteria that the State has established 

15 to determine the status of schools. 

16 ‘‘(B) Information on each of the following, 

17 in the aggregate and disaggregated and cross18 tabulated by the subgroups described in sub19 section (a)(2)(B)(ix) (except that such 

20 disaggregation and cross-tabulation shall not be 

21 required in a case in which the results would re22 veal personally identifiable information about 

23 an individual student): 

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1 sessments that are included in the State’s 

2 accountability system under subsection 

3 (a)(3). 

4 ‘‘(ii) The percentage of students who 

5 do not take the State academic assess6 ments. 

7 ‘‘(iii) The most recent 3-year trend in 

8 student achievement in each subject area, 

9 and for each grade level, for such assess10 ments. 

11 ‘‘(iv) A comparison of the school’s 

12 student academic assessment data to the 

13 State average for each tested subject. 

14 ‘‘(v) In the case of a school in a State 

15 described in subsection (b)(1)(B)— 

16 ‘‘(I) the number and percentage 

17 of students who are attaining growth, 

18 in accordance with clauses (i) and (ii) 

19 of such subsection, for each subject 

20 area and grade level; and 

21 ‘‘(II) the most recent 3-year 

22 trend in student growth in each sub23 ject area, and for each grade level, for 

24 the State academic assessments. 


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1 ‘‘(vi) The number and percentage of 

2 students with the most significant cog3 nitive disabilities that take an alternate as4 sessment under subsection (a)(2)(E), by 

5 grade and subject. 

6 ‘‘(vii) The number of students who 

7 are English learners, and the performance 

8 of such students, on the State’s English 

9 language proficiency assessments under 

10 subsection (a)(2)(D), including the stu11 dents’ attainment of, and progress toward, 

12 higher levels of English language pro13 ficiency. 

14 ‘‘(viii) For each high school— 

15 ‘‘(I) student graduation rates, in16 cluding— 

17 ‘‘(aa) the 4-year adjusted 

18 cohort graduation rate, as de19 fined in section 9101(30)(A); and 

20 ‘‘(bb) the cumulative grad21 uation rate, as defined in section 

22 9101(30)(B); and 

23 ‘‘(II) not later than the beginning 

24 of the 2012–2013 school year, the 

25 rate at which students who graduated 


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1 from the high school in the preceding 

2 year enrolled in institutions of higher 

3 education by the beginning of the next 

4 school year; and 

5 ‘‘(III) not later than the begin6 ning of the 2013–2014 school year, 

7 the rate of student remediation, in the 

8 aggregate, for high school graduates 

9 who enroll in public institutions of 

10 higher education in the State or in 

11 other institutions of higher education 

12 (to the extent obtaining the data re13 garding remediation from other insti14 tutions is practicable). 

15 ‘‘(C) The school’s categorization, if appli16 cable, in the State school accountability and im17 provement system under section 1116. 

18 ‘‘(D) The most recently available academic 

19 achievement results in grades 4 and 8 of the 

20 State’s students on the National Assessment of 

21 Educational Progress in reading and mathe22 matics, including the percentage of students at 

23 each achievement level in the aggregate and by 

24 the groups described in section 303(b)(2)(G) of 

25 the National Assessment of Educational 


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1 Progress Authorization Act (20 U.S.C. 

2 9622(b)(2)(G)). 

3 ‘‘(4) OPTIONAL INFORMATION.—A State may 

4 include in each school report card such other infor5 mation as the State believes will best provide par6 ents, students, and other members of the public with 

7 information regarding the progress of each of the 

8 State’s public elementary and secondary schools. 

9 Such information may include— 

10 ‘‘(A) the percentage of students passing 

11 examinations related to coursework acceptable 

12 for postsecondary credit at institutions of high13 er education, such as Advanced Placement or 

14 International Baccalaureate examinations; 

15 ‘‘(B) the average class size, by grade; 

16 ‘‘(C) the incidence of school violence, bul17 lying, drug abuse, alcohol abuse, student sus18 pensions, student detentions, and student expul19 sions; 

20 ‘‘(D) indicators of school climate; 

21 ‘‘(E) student attendance; and 

22 ‘‘(F) school readiness of students in kin23 dergarten. 

24 ‘‘(5) LOCAL EDUCATIONAL AGENCY AND STATE

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1 port card and State report card required under 

2 paragraph (1)— 

3 ‘‘(A) shall include the data described in 

4 clauses (i) through (viii) of paragraph (3)(B) 

5 for the local educational agency or State, re6 spectively, as a whole and disaggregated by the 

7 subgroups described in subsection (a)(2)(B)(ix); 

8 ‘‘(B) may include any optional information 

9 described in paragraph (4) for the local edu10 cational agency or State, respectively; and 

11 ‘‘(C) in the case of a State report card, 

12 shall include the data described in paragraph 

13 (3)(B)(viii) disaggregated by status as a child 

14 in foster care, except that such disaggregation 

15 shall not be required in a case in which the 

16 number of students in a category is insufficient 

17 to yield statistically reliable information or the 

18 results would reveal personally identifiable in19 formation about an individual student. 

20 ‘‘(6) DATA.—A State shall only include in a 

21 school report card or local educational agency report 

22 card, data that do not reveal personally identifiable 

23 information about an individual student. 

24 ‘‘(7) PREEXISTING REPORT CARDS.—A State 

25 educational agency or local educational agency that 


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1 was providing public report cards on the perform2 ance of students, schools, local educational agencies, 

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

4 Elementary and Secondary Education Reauthoriza5 tion Act of 2011, may use those report cards for the 

6 purpose of this subsection as long as any such report 

7 card is modified, as may be needed, to contain the 

8 information required by this subsection. 

9 ‘‘(8) COST REDUCTION.—Each State edu10 cational agency and local educational agency receiv11 ing assistance under this part shall, wherever pos12 sible, take steps to reduce data collection costs and 

13 duplication of effort by obtaining the information re14 quired under this subsection through existing data 

15 collection efforts. 

16 ‘‘(9) CROSS-TABULATED DATA NOT USED FOR

17 ACCOUNTABILITY.—Groups of students obtained by 

18 cross-tabulating data under this subsection shall not 

19 be considered to be subgroups under section 1116. 

20 Such cross-tabulated data shall not be used to deter21 mine whether a school is identified under subsection 

22 (b) or (c) of section 1116 or is a low-performing 

23 school under section 1116(e). 

24 ‘‘(e) REPORTING.— 


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1 ‘‘(1) ANNUAL STATE REPORT.—Each State 

2 educational agency that receives assistance under 

3 this part shall report annually to the Secretary, and 

4 make widely available within the State— 

5 ‘‘(A) information on the State’s progress in 

6 developing and implementing the academic as7 sessments described in subsection (a)(2); 

8 ‘‘(B) information on the achievement of 

9 students, in terms of being on track to college 

10 and career readiness and, for States described 

11 in subsection (b)(1)(B), in terms of attaining 

12 growth in accordance with clauses (i) and (ii) of 

13 such subsection, on such academic assessments, 

14 including results disaggregated (except in a 

15 case in which the number of students in a cat16 egory is insufficient to yield statistically reliable 

17 information or the results would reveal person18 ally identifiable information about an individual 

19 student) by the subgroups described in sub20 section (a)(2)(B)(ix) and by status as a child in 

21 foster care; 

22 ‘‘(C) in any year before the State begins to 

23 provide the information described in subpara24 graph (B), information on the results of stu25 dent academic assessments (including results 


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1 disaggregated by the subgroups described in 

2 subsection (a)(2)(B)(ix)) required under this 

3 section; 

4 ‘‘(D) information on the acquisition of 

5 English language proficiency by students who 

6 are English learners; 

7 ‘‘(E) the number of schools, and the name 

8 of each school, identified under section 

9 1116(c)(2); and 

10 ‘‘(F) the number of schools, and the name 

11 of each school, identified under section 1117. 

12 ‘‘(2) SECRETARY’S REPORT CARD AND BIEN13 NIAL EVALUATION REPORT.— 

14 ‘‘(A) SECRETARY’S REPORT CARD.—Not 

15 later than July 1, 2013, and annually there16 after, the Secretary shall prepare and submit to 

17 the authorizing committees a national report 

18 card on the status of elementary and secondary 

19 education in the United States. Such report 

20 shall— 

21 ‘‘(i) analyze existing data from State 

22 reports required under this Act, the Indi23 viduals with Disabilities Education Act, 

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1 nical Education Act of 2006, and summa2 rize major findings from such reports; 

3 ‘‘(ii) analyze data from the National 

4 Assessment of Educational Progress and 

5 international assessments, including the 

6 Third International Mathematics and 

7 Science Survey; 

8 ‘‘(iii) identify trends in student 

9 achievement, student performance, and 

10 high school graduation rates, by analyzing 

11 and reporting on the status and perform12 ance of subgroups of students, including 

13 subgroups based on race, ethnicity, and so14 cioeconomic status and the subgroups of 

15 children with disabilities and English 

16 learners; 

17 ‘‘(iv) compare the performance of stu18 dents, including the subgroups described in 

19 clause (iii), across States and local edu20 cational agencies across the United States; 

21 ‘‘(v) identify and report on promising 

22 practices, areas of greatest improvement in 

23 student achievement and educational at24 tainment, and other examples worthy of 

25 national attention; 


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1 ‘‘(vi) identify and report on areas of 

2 educational concern that warrant national 

3 attention; and 

4 ‘‘(vii)(I) analyze existing data, as of 

5 the time of the report, on Federal, State, 

6 and local expenditures on education, in7 cluding per pupil spending, teacher salaries 

8 and pension obligations, school level spend9 ing, and other financial data publicly avail10 able; and 

11 ‘‘(II) report on current trends and 

12 major findings resulting from the analysis. 

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

14 used to prepare the report described in sub15 paragraph (A) shall be derived from existing 

16 State and local reporting requirements and data 

17 sources. Nothing in this paragraph shall be con18 strued as authorizing, requiring, or allowing 

19 any additional reporting requirements, data ele20 ments, or information to be reported to the Sec21 retary not otherwise explicitly authorized by any 

22 other Federal law. 

23 ‘‘(C) BIENNIAL REPORT.—The Secretary 

24 shall transmit biennially to the authorizing 

25 committees a report that provides national and 


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1 State-level data on the information collected 

2 under paragraph (1). 

3 ‘‘(f) PENALTIES.—If a State that receives a grant 

4 under this part fails to meet any requirement of this part, 

5 the Secretary may withhold funds for State administration 

6 under this part until the Secretary determines that the 

7 State has fulfilled those requirements. 

8 ‘‘(g) PARENTS’ RIGHT-TO-KNOW.— 

9 ‘‘(1) QUALIFICATIONS.—At the beginning of 

10 each school year, a local educational agency that re11 ceives funds under this part shall notify the parents 

12 of each student attending any school receiving funds 

13 under this part that the parents may request, and 

14 the agency will provide the parents on request (and 

15 in a timely manner), information regarding the pro16 fessional qualifications of the student’s classroom 

17 teachers, including, at a minimum, the following: 

18 ‘‘(A) Whether the teacher has met State 

19 qualification and licensing criteria for the grade 

20 levels and subject areas in which the teacher 

21 provides instruction. 

22 ‘‘(B) Whether the teacher is teaching 

23 under emergency or other provisional status 

24 through which State qualification or licensing 

25 criteria have been waived. 


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1 ‘‘(C) The baccalaureate degree major of 

2 the teacher and any other graduate certification 

3 or degree held by the teacher, and the field of 

4 discipline of the certification or degree. 

5 ‘‘(D) Whether the student is provided serv6 ices by paraprofessionals and, if so, their quali7 fications. 

8 ‘‘(2) ADDITIONAL INFORMATION.—In addition 

9 to the information that parents of students may re10 quest under paragraph (1), a school that receives 

11 funds under this part shall provide to each indi12 vidual parent, with respect to the student— 

13 ‘‘(A) information on the level of achieve14 ment of the student in each of the State aca15 demic assessments as required under this part; 

16 and 

17 ‘‘(B) timely notice that the student has 

18 been assigned, or has been taught for 4 or more 

19 consecutive weeks by, a teacher who is not a 

20 highly qualified teacher. 

21 ‘‘(3) FORMAT.—The notice and information 

22 provided to parents under this subsection shall be in 

23 an understandable and uniform format and, to the 

24 extent practicable, provided in a language that the 

25 parents can understand. 


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1 ‘‘(h) PRIVACY.—Information collected under this sec2 tion shall be collected and disseminated in a manner that 

3 protects the privacy of individuals. 

4 ‘‘(i) TECHNICAL ASSISTANCE.—The Secretary shall 

5 provide a State educational agency, at the State edu6 cational agency’s request, technical assistance in meeting 

7 the requirements of this section, including the provision 

8 of advice by experts in the development of high-quality 

9 academic assessments, the setting of State standards, the 

10 development of State accountability systems, the minimum 

11 number of students in a subgroup needed to protect con12 fidentiality, and other relevant areas. 

13 ‘‘(j) CONSTRUCTION.—Nothing in this part shall be 

14 construed to prescribe the use of the academic assess15 ments described in this part for student promotion or 

16 graduation purposes. 

17 ‘‘(k) SPECIAL RULE WITH RESPECT TO BUREAU18 FUNDED SCHOOLS.—In determining the assessments to be 

19 used by each school operated or funded by the Bureau 

20 of Indian Education of the Department of Interior that 

21 receives funds under this part, the following shall apply: 

22 ‘‘(1) STATE ACCREDITED SCHOOLS.—Each such 

23 school that is accredited by the State in which it is 

24 operating shall use the assessments the State has 

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1 ments of this section, or such other appropriate as2 sessment as approved by the Secretary of the Inte3 rior. 

4 ‘‘(2) REGIONALLY ACCREDITED SCHOOLS.— 

5 Each such school that is accredited by a regional ac6 crediting organization shall adopt appropriate as7 sessments, in consultation with and with the ap8 proval of, the Secretary of the Interior and con9 sistent with assessments adopted by other schools in 

10 the same State or region, that meets the require11 ments of this section. 

12 ‘‘(3) TRIBALLY ACCREDITED SCHOOLS.—Each 

13 such school that is accredited by a tribal accrediting 

14 agency or tribal division of education shall use as15 sessments developed by such agency or division, ex16 cept that the Secretary of the Interior shall ensure 

17 that such assessments meet the requirements of this 

18 section.’’. 

19 SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

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

21 as follows: 

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

23 ‘‘(a) PLANS REQUIRED.— 

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

25 may receive a subgrant under this part for any fiscal 


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

2 educational agency a plan, approved by the State 

3 educational agency, that is coordinated with other 

4 programs under this Act, the Individuals with Dis5 abilities Education Act, the Carl D. Perkins Career 

6 and Technical Education Act of 2006, the McKin7 ney-Vento Homeless Assistance Act, and other Acts, 

8 as appropriate. 

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

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

12 ‘‘(b) PLAN DEVELOPMENT AND DURATION.— 

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

14 agency plan shall be developed in consultation 

15 with— 

16 ‘‘(A) teachers, principals, administrators, 

17 and other appropriate school personnel; 

18 ‘‘(B) representatives of early childhood 

19 education and care programs in the geographic 

20 area served by the local educational agency, as 

21 appropriate; and 

22 ‘‘(C) parents and family members of chil23 dren in schools served under this part. 

24 ‘‘(2) DURATION.—Each local educational agen25 cy plan shall be submitted pursuant to this section 


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1 for the first year for which this part is in effect fol2 lowing the date of enactment of the Elementary and 

3 Secondary Education Reauthorization Act of 2011 

4 and shall remain in effect for the duration of the 

5 agency’s participation under this part. 

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

7 shall periodically review and, as necessary, revise its 

8 plan to reflect changes in the local educational agen9 cy’s strategies and programs under this part. 

10 ‘‘(c) STATE APPROVAL.— 

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

12 agency plan shall be filed according to a schedule es13 tablished by the State educational agency. 

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

15 shall approve a local educational agency’s plan only 

16 if the State educational agency determines that the 

17 local educational agency’s plan— 

18 ‘‘(A) enables schools served under this part 

19 to substantially help children served under this 

20 part meet the academic content and student 

21 academic achievement standards expected of all 

22 children described in section 1111(a)(1); and 

23 ‘‘(B) meets the requirements of this part. 

24 ‘‘(d) PLAN PROVISIONS.—In order to help low-achiev25 ing children meet college and career ready student acaVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 demic achievement standards, and to close the achieve2 ment gap between high- and low-achieving children, espe3 cially achievement gaps between minority and nonminority 

4 students, and between disadvantaged children and their 

5 more advantaged peers, each local educational agency plan 

6 shall describe each of the following: 

7 ‘‘(1) How the local educational agency will work 

8 with each of the schools served by the agency to— 

9 ‘‘(A) develop and implement a comprehen10 sive program of instruction to meet the aca11 demic needs of all students; 

12 ‘‘(B) identify quickly and effectively stu13 dents who may be at risk for academic failure; 

14 ‘‘(C) provide additional educational assist15 ance to individual students assessed as needing 

16 help in meeting the State’s college and career 

17 ready student academic achievement standards; 

18 ‘‘(D) identify significant gaps in student 

19 achievement among subgroups of students iden20 tified under section 1111(a)(2)(B)(ix) and de21 velop strategies to reduce such gaps in achieve22 ment; and 

23 ‘‘(E) identify and implement effective 

24 methods and instructional strategies that are 

25 based on scientifically valid research intended to 


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1 strengthen the core academic programs of the 

2 schools, including multi-tiered systems of sup3 port, universal design for learning, and positive 

4 behavioral interventions and supports. 

5 ‘‘(2) How the local educational agency will mon6 itor and evaluate the effectiveness of school pro7 grams in improving student academic achievement, 

8 especially for students not meeting college and ca9 reer ready student academic achievement standards. 

10 ‘‘(3) The strategy the local educational agency 

11 will use to implement effective parent and family en12 gagement under section 1118. 

13 ‘‘(4) How the local educational agency will co14 ordinate and integrate services provided under this 

15 part with other early childhood education and care 

16 programs at the local educational agency or indi17 vidual school level (including programs under section 

18 619 of the Individuals with Disabilities Education 

19 Act) that include plans for the transition of partici20 pants in such programs to local elementary school 

21 programs and, if appropriate, a description of how 

22 the local educational agency will use funds under 

23 this part to support preschool programs for children, 

24 particularly children participating in a Head Start 

25 program, which may be provided directly by the local 


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1 educational agency or through a subcontract with 

2 the Head Start agency designated by the Secretary 

3 of Health and Human Services under section 641 of 

4 the Head Start Act, or another comparable public 

5 early childhood education and care program. 

6 ‘‘(5) How activities under this part will be co7 ordinated and integrated with Federal, State, and 

8 local services and programs, including programs sup9 ported under this Act, the Carl D. Perkins Career 

10 and Technical Education Act of 2006, the Individ11 uals with Disabilities Education Act, the Rehabilita12 tion Act of 1973, the Head Start Act, the Child 

13 Care and Development Block Grant Act of 1990, 

14 and the Workforce Investment Act of 1998, violence 

15 prevention programs, nutrition programs, and hous16 ing programs. 

17 ‘‘(6) How the local educational agency will co18 ordinate and integrate services provided under this 

19 part with local workforce development programs that 

20 serve disadvantaged or out-of-school youth, such as 

21 those providing workforce investment activities 

22 under chapter 4 of subtitle B of title I of the Work23 force Investment Act of 1998, including a descrip24 tion of how the local educational agency will use 

25 funds under this part to support such activities. 


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1 ‘‘(7) The poverty criteria that will be used to 

2 select school attendance areas under section 1113. 

3 ‘‘(8) How teachers, in consultation with parents 

4 and family members, administrators, and specialized 

5 instructional support personnel, in targeted assist6 ance schools under section 1115, will identify the eli7 gible children most in need of services under this 

8 part. 

9 ‘‘(9) How the local educational agency will iden10 tify and address any disparities in the equitable dis11 tribution of teachers, consistent with the require12 ments of section 1111(b)(1)(L). 

13 ‘‘(10) Data on the percentage and distribution 

14 of more than 1, or an index that incorporates more 

15 than 1, of the categories of teachers described in 

16 subparagraphs (A) through (E) of subsection 

17 (e)(10). 

18 ‘‘(11) A general description of the nature of the 

19 programs to be conducted by such agency’s schools 

20 under sections 1114 and 1115 and, where appro21 priate, educational services outside such schools for 

22 children living in local institutions for neglected or 

23 delinquent children, and for neglected and delin24 quent children in community day school programs. 

25 ‘‘(12) A description of— 


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1 ‘‘(A) how the local educational agency will 

2 provide opportunities for the enrollment, at3 tendance, and success of homeless children and 

4 youths; and 

5 ‘‘(B) the services the local educational 

6 agency will provide homeless children and 

7 youths, including services provided with funds 

8 reserved under section 1113(c)(3), and how 

9 those services may differ from those provided in 

10 prior years. 

11 ‘‘(13) A description of the support the local 

12 educational agency will provide for homeless children 

13 and youths, consistent with the requirements of the 

14 McKinney-Vento Homeless Assistance Act. 

15 ‘‘(e) ASSURANCES.—Each local educational agency 

16 plan shall provide assurances that the local educational 

17 agency will— 

18 ‘‘(1) use the results of the academic assess19 ments required under section 1111(a)(2), and other 

20 measures or indicators available to the agency, to re21 view annually the progress of each school served by 

22 the agency and receiving funds under this part to 

23 determine whether all of the schools are making the 

24 progress necessary to ensure that all students will 

25 meet the State’s on-track or advanced level of 


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1 achievement on the State academic assessments re2 quired under such section; 

3 ‘‘(2) provide to parents and teachers the results 

4 from the academic assessments required under sec5 tion 1111(a)(2) as soon as is practicably possible 

6 after the test is taken in an understandable and uni7 form format and, to the extent possible, provided in 

8 a language that the parents and, to the greatest ex9 tent practicable, family members, can understand; 

10 ‘‘(3) participate, if selected, in State academic 

11 assessments of student achievement in reading and 

12 mathematics in grades 4 and 8 carried out under 

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

14 Educational Progress Authorization Act; 

15 ‘‘(4) fulfill such agency’s school improvement 

16 responsibilities under section 1116; 

17 ‘‘(5) ensure that migratory children who are eli18 gible to receive services under this part are selected 

19 to receive such services on the same basis as other 

20 children who are selected to receive services under 

21 this part; 

22 ‘‘(6) provide services to eligible children attend23 ing private elementary schools and secondary schools 

24 in accordance with section 1120, and timely and 


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1 meaningful consultation with private school officials 

2 regarding such services; 

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

5 school’s behalf under applicable Federal flexibility 

6 provisions; 

7 ‘‘(8) in the case of a local educational agency 

8 that chooses to use funds under this part to provide 

9 early childhood education and care services to low10 income children below the age of compulsory school 

11 attendance, ensure that such services comply with 

12 the education performance standards in effect under 

13 section 641A(a)(1)(B) of the Head Start Act; 

14 ‘‘(9) comply with the requirements of section 

15 1501 that relate to the local educational agency and 

16 describe the local educational agency’s plan to en17 sure such compliance; and 

18 ‘‘(10) annually submit to the State educational 

19 agency, for each quartile of schools in the local edu20 cational agency based on school poverty level and for 

21 high-minority schools and low-minority schools in 

22 the local educational agency, data regarding the per23 centage and distribution of the following categories 

24 of teachers: 


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1 ‘‘(A) Teachers who are not classified as 

2 highly qualified teachers. 

3 ‘‘(B) Teachers who are inexperienced. 

4 ‘‘(C) Teachers who have not completed a 

5 teacher preparation program. 

6 ‘‘(D) Teachers who are not teaching in the 

7 subject or field for which the teacher is certified 

8 or licensed. 

9 ‘‘(E) Where applicable, teachers who are in 

10 the highest or lowest categories of a teacher 

11 evaluation system that is consistent with section 

12 2301(b)(4). 

13 ‘‘(f) PARENTAL NOTIFICATION REGARDING LAN14 GUAGE INSTRUCTION PROGRAMS.— 

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

16 agency using funds under this part to provide a lan17 guage instruction educational program as deter18 mined under part C of title III shall, not later than 

19 30 days after the beginning of the school year, in20 form a parent or parents of an English learner iden21 tified for participation or participating in, such a 

22 program of— 

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

24 their child as an English learner and in need of 


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1 placement in a language instruction educational 

2 program; 

3 ‘‘(B) the child’s level of English pro4 ficiency, how such level was assessed, and the 

5 status of the child’s academic achievement; 

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

7 the program in which their child is, or will be, 

8 participating, and the methods of instruction 

9 used in other available programs, including how 

10 such programs differ in content, instructional 

11 goals, and the use of English and a native lan12 guage in instruction; 

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

14 is, or will be, participating, will meet the edu15 cational strengths and needs of their child; 

16 ‘‘(E) how such program will specifically 

17 help their child learn English, and meet age-ap18 propriate academic achievement standards for 

19 grade promotion and graduation; 

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

21 program, including the expected rate of transi22 tion from such program into classrooms that 

23 are not tailored for English learners, and the 

24 expected rate of graduation from secondary 


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1 school for such program if funds under this 

2 part are used for children in secondary schools; 

3 ‘‘(G) in the case of a child with a dis4 ability, how such program meets the objectives 

5 of the individualized education program of the 

6 child; and 

7 ‘‘(H) information pertaining to parental 

8 rights that includes written guidance— 

9 ‘‘(i) detailing— 

10 ‘‘(I) the right that parents have 

11 to have their child immediately re12 moved from such program upon their 

13 request; and 

14 ‘‘(II) the options that parents 

15 have to decline to enroll their child in 

16 such program or to choose another 

17 program or method of instruction, if 

18 available; and 

19 ‘‘(ii) assisting parents in selecting 

20 among various programs and methods of 

21 instruction, if more than 1 program or 

22 method is offered by the eligible entity. 

23 ‘‘(2) NOTICE.—The notice and information pro24 vided in paragraph (1) to a parent or parents of a 

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1 struction educational program for English learners 

2 shall be in an understandable and uniform format 

3 and, to the extent practicable, provided in a lan4 guage that the parents can understand. 

5 ‘‘(3) SPECIAL RULE APPLICABLE DURING THE

6 SCHOOL YEAR.—For those children who have not 

7 been identified as English learners prior to the be8 ginning of the school year and who are subsequently 

9 so identified, the local educational agency shall no10 tify the parents of such children within the first 2 

11 weeks of the child being placed in a language in12 struction educational program consistent with para13 graphs (1) and (2). 

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

15 educational agency receiving funds under this part 

16 shall implement an effective means of outreach to 

17 parents and, to the extent practicable, family mem18 bers, of English learner students to inform the par19 ents and family members regarding how the parents 

20 and family members can be involved in the education 

21 of their children, and be active participants in assist22 ing their children to attain English proficiency, 

23 achieve at high levels in core academic subjects, and 

24 meet college and career ready State student aca25 demic achievement standards and State academic 


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1 content standards expected of all students, including 

2 holding, and sending notice of opportunities for, reg3 ular meetings for the purpose of formulating and re4 sponding to recommendations from parents and fam5 ily members of students assisted under this part. 

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

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

8 any federally assisted education program on the 

9 basis of a surname or language-minority status.’’. 

10 SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

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

12 (1) in subsection (a)— 

13 (A) by striking paragraph (3) and insert14 ing the following: 

15 ‘‘(3) RANKING ORDER.— 

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

17 subparagraph (B), if funds allocated in accord18 ance with subsection (c) are insufficient to serve 

19 all eligible school attendance areas, a local edu20 cational agency shall— 

21 ‘‘(i) annually rank, without regard to 

22 grade spans, such agency’s eligible school 

23 attendance areas in which the concentra24 tion of children from low-income families 

25 exceeds 75 percent, or exceeds 50 percent 


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1 in the case of the high schools served by 

2 such agency, from highest to lowest ac3 cording to the percentage of children from 

4 low-income families; and 

5 ‘‘(ii) serve such eligible school attend6 ance areas in rank order. 

7 ‘‘(B) APPLICABILITY.—A local educational 

8 agency shall not be required to reduce, in order 

9 to comply with subparagraph (A), the amount 

10 of funding provided under this part to elemen11 tary schools and middle schools from the 

12 amount of funding provided under this part to 

13 such schools for the fiscal year preceding the 

14 data of enactment of the Elementary and Sec15 ondary Education Reauthorization Act of 2011 

16 in order to provide funding under this part to 

17 high schools pursuant to subparagraph (A).’’; 

18 (B) by striking paragraph (5) and insert19 ing the following: 

20 ‘‘(5) MEASURES.— 

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

22 subparagraph (B), the local educational agency 

23 shall use the same measure of poverty, which 

24 measure shall be the number of children ages 5 

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1 cent census data approved by the Secretary, the 

2 number of children eligible for free and reduced 

3 priced lunches under the Richard B. Russell 

4 National School Lunch Act, the number of chil5 dren in families receiving assistance under the 

6 State program funded under part A of title IV 

7 of the Social Security Act, or the number of 

8 children eligible to receive medical assistance 

9 under the Medicaid program, or a composite of 

10 such indicators, with respect to all school at11 tendance areas in the local educational agen12 cy— 

13 ‘‘(i) to identify eligible school attend14 ance areas; 

15 ‘‘(ii) to determine the ranking of each 

16 area; and 

17 ‘‘(iii) to determine allocations under 

18 subsection (c). 

19 ‘‘(B) LOW-INCOME FAMILIES IN SEC20 ONDARY SCHOOLS.—For measuring the number 

21 of students in low-income families in secondary 

22 schools, the local educational agency shall use 

23 the same measure of poverty, which shall be the 

24 calculation producing the greater of the results 

25 from among the following 2 calculations: 


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1 ‘‘(i) The calculation described under 

2 subparagraph (A). 

3 ‘‘(ii) A feeder pattern described in 

4 subparagraph (C). 

5 ‘‘(C) FEEDER PATTERN.—In this part, the 

6 term ‘feeder pattern’ means an accurate esti7 mate of the number of students in low-income 

8 families in a secondary school that is calculated 

9 by applying the average percentage of students 

10 in low-income families of the elementary school 

11 attendance areas as calculated under subpara12 graph (A) that feed into the secondary school to 

13 the number of students enrolled in such 

14 school.’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(8) RESERVATION FOR EARLY CHILDHOOD

17 EDUCATION AND CARE.—A local educational agency 

18 may reserve funds made available to carry out this 

19 section for early childhood education and care in eli20 gible school attendance areas before making alloca21 tions to high schools in eligible school attendance 

22 areas pursuant to this section.’’; and 

23 (2) in subsection (c)— 

24 (A) by striking paragraph (3) and insert25 ing the following: 


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1 ‘‘(3) RESERVATION FOR HOMELESS CHILDREN

2 AND YOUTH AND OTHER AT-RISK CHILDREN.— 

3 ‘‘(A) FUNDS FOR HOMELESS CHILDREN

4 AND YOUTH AND OTHER AT-RISK CHILDREN.— 

5 A local educational agency shall reserve such 

6 funds as are necessary under this part to 

7 serve— 

8 ‘‘(i) homeless children who do not at9 tend participating schools, including pro10 viding educationally related support serv11 ices to children in shelters and other loca12 tions where children may live; 

13 ‘‘(ii) children in local institutions for 

14 neglected children; 

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

16 institutions for delinquent children, and 

17 neglected or delinquent children in commu18 nity day programs; and 

19 ‘‘(iv) children in foster care (as de20 fined in section 1502), including providing 

21 points of contact (as described in section 

22 1501(d)) in local educational agencies for 

23 child welfare agencies and children in fos24 ter care. 


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1 ‘‘(B) RESERVATION OF FUNDS.—Notwith2 standing the requirements of subsections (b) 

3 and (c) of section 1120A, funds reserved under 

4 subparagraph (A) may be used to provide 

5 homeless children and youths with services not 

6 ordinarily provided to other students under this 

7 part, including— 

8 ‘‘(i) providing funding for the liaison 

9 designated pursuant to section 

10 722(g)(1)(J)(ii) of the McKinney-Vento 

11 Homeless Assistance Act; 

12 ‘‘(ii) providing transportation pursu13 ant to section 722(g)(1)(J)(iii) of such 

14 Act; 

15 ‘‘(iii) providing services to preschool16 aged homeless children and homeless sec17 ondary school students; 

18 ‘‘(iv) providing support services to 

19 homeless children and youths in shelters 

20 and other locations where they may live; 

21 and 

22 ‘‘(v) removing barriers to homeless 

23 children and youths’ enrollment, attend24 ance, retention, and success in school. 


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1 ‘‘(C) AMOUNT RESERVED.—The amount of 

2 funds reserved in accordance with subparagraph 

3 (A)(i) shall be determined by an assessment of 

4 the needs of homeless children and youths in 

5 the local educational agency. Such needs assess6 ment shall include the following: 

7 ‘‘(i) Information related to child, 

8 youth, and family homelessness in the local 

9 educational agency obtained through the 

10 coordination and collaboration required 

11 under subsections (f)(4) and (g)(5) of sec12 tion 722 of the McKinney-Vento Homeless 

13 Assistance Act. 

14 ‘‘(ii) The number of homeless children 

15 and youths reported by the local edu16 cational agency to the State educational 

17 agency under section 722(f)(3) of the 

18 McKinney-Vento Homeless Assistance Act 

19 for the previous school year.’’; and 

20 (B) in paragraph (4), by striking ‘‘eligible 

21 under this section and identified for school im22 provement, corrective action, and restructuring 

23 under section 1116(b)’’ and inserting ‘‘identi24 fied under section 1116(c)(2)’’. 


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1 SEC. 1114. SCHOOLWIDE PROGRAMS. 

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

3 (1) in subsection (a)— 

4 (A) in paragraph (1), by adding at the end 

5 the following: ‘‘Funds under this part may be 

6 used to support activities that address needs 

7 identified through the comprehensive needs as8 sessment under subsection (b)(1)(A) and con9 sistent with the schoolwide program.’’; 

10 (B) in paragraph (2)— 

11 (i) in subparagraph (A)(ii), by strik12 ing ‘‘provide’’ and all that follows through 

13 the period and inserting ‘‘identify par14 ticular services as supplemental.’’; and 

15 (ii) by striking subparagraph (B) and 

16 inserting the following: 

17 ‘‘(B) SUPPLEMENTAL FUNDS.— 

18 ‘‘(i) IN GENERAL.—A local edu19 cational agency serving a school partici20 pating in a schoolwide program shall use 

21 funds available to carry out this section 

22 only to supplement the aggregate amount 

23 of funds that would, in the absence of 

24 funds under this part, be made available 

25 from State and local sources for the school, 

26 including funds needed to provide services 


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1 that are required by law for children with 

2 disabilities and children who are English 

3 learners. 

4 ‘‘(ii) COMPLIANCE.—To demonstrate 

5 compliance with clause (i), a local edu6 cational agency shall demonstrate that the 

7 methodology it uses to allocate State and 

8 local funds to each school receiving funds 

9 under this part ensures the school receives 

10 all of the State and local funds the school 

11 would otherwise receive if it were not re12 ceiving funds under this part. 

13 ‘‘(iii) NONAPPLICABILITY.—Section 

14 1120A(b) shall not apply to schools oper15 ating schoolwide programs under this sec16 tion.’’; 

17 (C) in paragraph (3)(B)— 

18 (i) by inserting ‘‘or’’ after ‘‘civil 

19 rights,’’; and 

20 (ii) by striking ‘‘, services to private 

21 school children, maintenance of effort, 

22 comparability of services, uses of Federal 

23 funds to supplement, not supplant non24 Federal funds, or the distribution of funds 


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1 to State educational agencies or local edu2 cational agencies’’; and 

3 (D) by striking paragraph (4); 

4 (2) in subsection (b)— 

5 (A) in paragraph (1)— 

6 (i) in subparagraph (A)— 

7 (I) by striking ‘‘section 1309(2)’’ 

8 and inserting ‘‘section 1312’’; and 

9 (II) by striking ‘‘section 

10 1111(b)(1)’’ and inserting ‘‘section 

11 1111(a)(1)’’; and 

12 (ii) in subparagraph (B)— 

13 (I) in clause (i)— 

14 (aa) by striking ‘‘proficient 

15 and advanced’’ and inserting 

16 ‘‘on-track and advanced’’; and 

17 (bb) by striking ‘‘section 

18 1111(b)(1)(D)’’ and inserting 

19 ‘‘section 1111(a)(1)(A)(iv)’’; 

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

21 ‘‘scientifically based research’’ and in22 serting ‘‘scientifically valid research’’; 

23 and 

24 (III) in clause (iii)— 

25 (aa) in subclause (I)— 


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1 (AA) in item (aa), by 

2 striking ‘‘pupil services’’ and 

3 inserting ‘‘specialized in4 structional support serv5 ices’’; and 

6 (BB) in item (cc), by 

7 striking ‘‘vocational and 

8 technical education pro9 grams; and’’ and inserting 

10 ‘‘career and technical edu11 cation programs;’’; and 

12 (bb) by adding at the end 

13 the following: 

14 ‘‘(III) a multi-tier system of sup15 ports and positive behavior supports; 

16 and’’; 

17 (iii) in subparagraph (C), by inserting 

18 ‘‘and highly rated’’ after ‘‘qualified’’; 

19 (iv) by striking subparagraphs (D) 

20 and (F); 

21 (v) by redesignating subparagraphs 

22 (E), (G), (H), (I), and (J), as subpara23 graphs (D), (E), (F), (G), and (H), respec24 tively; 


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1 (vi) in subparagraph (D), as redesig2 nated by clause (v), by inserting ‘‘and 

3 highly rated’’ after ‘‘qualified’’; 

4 (vii) in subparagraph (E), as redesig5 nated by clause (v), by striking ‘‘, Even 

6 Start, Early Reading First,’’ and inserting 

7 ‘‘, programs under part A of title IV,’’; 

8 (viii) in subparagraph (F), as redesig9 nated by clause (v), by striking ‘‘section 

10 1111(b)(3)’’ and inserting ‘‘section 

11 1111(a)(2)’’; and 

12 (ix) in subparagraph (G), as redesig13 nated by clause (v), by striking ‘‘proficient 

14 or advanced levels of academic achievement 

15 standards required by section 1111(b)(1)’’ 

16 and inserting ‘‘on-track and advanced lev17 els of academic achievement standards re18 quired by section 1111(a)(1)(A)(iv)’’; and 

19 (B) in paragraph (2)— 

20 (i) in subparagraph (A)— 

21 (I) in the matter preceding clause 

22 (i), by striking ‘‘No Child Left Behind 

23 Act of 2001), in consultation with the 

24 local educational agency and its school 

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1 ance provider under section 1117,’’ 

2 and inserting ‘‘Elementary and Sec3 ondary Education Reauthorization Act 

4 of 2011), in consultation with the 

5 local educational agency,’’; and 

6 (II) in clause (iv), by striking 

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

8 ‘‘section 1111(a)(2)’’; and 

9 (ii) in subparagraph (B)— 

10 (I) in clause (i)— 

11 (aa) in subclause (I), by 

12 striking ‘‘, after considering the 

13 recommendation of the technical 

14 assistance providers under sec15 tion 1117,’’; and 

16 (bb) in subclause (II), by 

17 striking ‘‘the No Child Left Be18 hind Act of 2001’’ and inserting 

19 ‘‘the Elementary and Secondary 

20 Education Reauthorization Act of 

21 2011’’; 

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

23 ‘‘pupil services personnel’’ and insert24 ing ‘‘specialized instructional support 

25 personnel’’; and 


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

2 ‘‘Reading First, Early Reading First, 

3 Even Start,’’ and inserting ‘‘part A of 

4 title IV,’’; and 

5 (3) in subsection (c), by striking ‘‘Even Start 

6 programs or Early Reading First programs’’ and in7 serting ‘‘programs under part A of title IV’’. 

8 SEC. 1115. TARGETED ASSISTANCE SCHOOLS. 

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

10 (1) in subsection (b)— 

11 (A) in paragraph (1)(B)— 

12 (i) by striking ‘‘challenging’’ and in13 serting ‘‘college and career ready’’; and 

14 (ii) by striking ‘‘except that’’ and all 

15 that follows through the period at the end 

16 and inserting ‘‘including children who are 

17 at risk of failing to be ready for elemen18 tary school.’’; and 

19 (B) in paragraph (2)— 

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

21 ‘‘or limited English proficient children’’ 

22 and inserting ‘‘, or English learners’’; and 

23 (ii) by striking subparagraph (B) and 

24 inserting the following: 


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1 ‘‘(B) HEAD START OR LITERACY PRO2 GRAMS.—A child who, at any time in the 2 

3 years preceding the year for which the deter4 mination is made, participated in a Head Start 

5 program, a program under part A of title IV, 

6 or in preschool services under this title, is eligi7 ble for services under this part.’’; 

8 (2) in subsection (c)— 

9 (A) in paragraph (1)— 

10 (i) in the matter preceding subpara11 graph (A), by striking ‘‘challenging’’ and 

12 inserting ‘‘college and career ready’’; 

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

14 ‘‘challenging’’ and inserting ‘‘college and 

15 career ready’’; 

16 (iii) in subparagraph (C)— 

17 (I) in the matter preceding clause 

18 (i), by striking ‘‘scientifically based 

19 research’’ and inserting ‘‘scientifically 

20 valid research’’; 

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

22 ‘‘and’’ after the semicolon; 

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

24 ‘‘and’’ after the semicolon; 


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1 (IV) by adding at the end the fol2 lowing: 

3 ‘‘(iv) may include a multi-tier system 

4 of supports and positive behavioral sup5 ports;’’; 

6 (iv) in subparagraph (D), by striking 

7 ‘‘Even Start, Early Reading First’’ and in8 serting ‘‘programs under part A of title 

9 IV,’’; 

10 (v) in subparagraph (E), by inserting 

11 ‘‘and highly rated’’ after ‘‘qualified’’; and 

12 (vi) in subparagraph (F)— 

13 (I) by striking ‘‘subsection (e)(3) 

14 and’’; and 

15 (II) by striking ‘‘pupil services 

16 personnel’’ and inserting ‘‘specialized 

17 instructional support personnel’’; and 

18 (B) in paragraph (2)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘proficient and ad21 vanced’’ and inserting ‘‘on-track and ad22 vanced’’; and 

23 (ii) in subparagraph (B), by striking 

24 ‘‘challenging’’ and inserting ‘‘college and 

25 career ready’’; and 


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1 (3) in subsection (e)(2)(B)(iii), by striking 

2 ‘‘pupil services personnel’’ and inserting ‘‘specialized 

3 instructional support personnel’’. 

4 SEC. 1116. SCHOOL PERFORMANCE. 

5 Section 1116 (20 U.S.C. 6316) is amended to read 

6 as follows: 

7 ‘‘SEC. 1116. SCHOOL PERFORMANCE. 

8 ‘‘(a) SCHOOL ACCOUNTABILITY AND IMPROVEMENT

9 SYSTEM.— 

10 ‘‘(1) IN GENERAL.—Each State receiving a 

11 grant under this part shall, as part of the account12 ability system required under section 1111(a)(3), es13 tablish a school accountability and improvement sys14 tem to differentiate public elementary and secondary 

15 schools by levels of performance, in accordance with 

16 subsections (b) through (e), and to provide such 

17 schools with intervention, as needed. 

18 ‘‘(2) APPROVAL AND PEER REVIEW OF SYS19 TEM.— 

20 ‘‘(A) IN GENERAL.—Not later than the be21 ginning of the 2013–2014 school year, a State 

22 receiving a grant under this part shall develop 

23 a school accountability and improvement system 

24 that includes— 


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1 ‘‘(i) the identification of the public 

2 schools in the State that are achievement 

3 gap schools and persistently low-achieving 

4 schools, and the school improvement strat5 egies or other consequences to be used for 

6 such schools in accordance with this sec7 tion; and 

8 ‘‘(ii) the implementation of the State9 designed accountability system, as de10 scribed in section 1111(a)(3). 

11 ‘‘(B) REVIEW AND APPROVAL.—The State 

12 shall include information describing the school 

13 accountability and improvement system in the 

14 State plan under section 1111(b), which shall 

15 be subject to peer review and approval by the 

16 Secretary as part of the State plan, in accord17 ance with such section. 

18 ‘‘(b) ACHIEVEMENT GAP SCHOOLS.— 

19 ‘‘(1) IDENTIFICATION OF ACHIEVEMENT GAP

20 SCHOOLS.— 

21 ‘‘(A) IN GENERAL.—Each State receiving 

22 a grant under this part shall define the cat23 egory of achievement gap schools for the State 

24 as part of its State plan, and shall identify an25 nually, beginning in the 2013–2014 school year, 


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1 the schools in the category. A State shall in2 clude in its achievement gap schools the 5 per3 cent of public high schools in the State, and the 

4 5 percent of public elementary schools and sec5 ondary schools in the State that are not high 

6 schools, that are not identified as persistently 

7 low-achieving under subsection (c)(2), and that 

8 have the largest achievement gap among any of 

9 the subgroups of students described in subpara10 graph (B) or have the lowest performance by 

11 students in such subgroups in the State, with 

12 respect to— 

13 ‘‘(i) being on track to career and col14 lege readiness in the subjects included in 

15 the State accountability system under sec16 tion 1111(a)(3); and 

17 ‘‘(ii) in the case of high schools, the 

18 graduation rate. 

19 ‘‘(B) SUBGROUPS OF STUDENTS.—The 

20 subgroups described in this subparagraph shall 

21 be obtained by disaggregating students enrolled 

22 in a school by each major racial and ethnic 

23 group, by English proficiency status, by status 

24 as a child with a disability, and by economically 

25 disadvantaged status. 


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1 ‘‘(C) DATA RULE.—In identifying achieve2 ment gap schools under this paragraph, a State 

3 shall— 

4 ‘‘(i) use data for the most recent year 

5 for which data are available; or 

6 ‘‘(ii) average data for the most recent 

7 2- to 3-year period for which data are 

8 available. 

9 ‘‘(D) PARENTAL NOTIFICATION.—Each 

10 year, a State shall provide timely notification to 

11 all parents of students enrolled in each school 

12 identified under subparagraph (A) that the 

13 school is one of the State’s achievement gap 

14 schools for such year. 

15 ‘‘(2) STATE AND LOCAL STRATEGIES.— 

16 ‘‘(A) IMPROVEMENT STRATEGIES.—For 

17 each achievement gap school identified under 

18 paragraph (1), the local educational agency 

19 serving the school shall, in accordance with the 

20 State accountability system described in section 

21 1111(a)(3), develop and implement a measur22 able and data-driven correction plan to improve 

23 the performance of low-achieving subgroups in 

24 the school in order to close achievement gaps. 


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1 ‘‘(B) FAILURE TO IMPROVE PERFORMANCE

2 AFTER 3 YEARS.—Notwithstanding any other 

3 provision of law, any local educational agency 

4 serving an achievement gap school that has 

5 been identified as such for a period of more 

6 than 3 consecutive years shall not be eligible for 

7 any priority, preference, or special consideration 

8 for any grant, subgrant, or other program fund9 ed under this Act. 

10 ‘‘(c) PERSISTENTLY LOW-ACHIEVING SCHOOLS.— 

11 ‘‘(1) LOWEST-ACHIEVING SCHOOLS IN THE

12 STATE.— 

13 ‘‘(A) IN GENERAL.—Each State receiving 

14 a grant under this part shall, beginning in the 

15 2013–2014 school year and every year there16 after, determine the lowest-achieving schools in 

17 the State, which shall include— 

18 ‘‘(i) the lowest-achieving 5 percent of 

19 public high schools, and the lowest-achiev20 ing 5 percent of public elementary schools 

21 and secondary schools that are not high 

22 schools, in the State, based on— 

23 ‘‘(I) student performance on the 

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1 matics, including student absolute 

2 performance and, for a State de3 scribed in section 1111(b)(1)(B), 

4 growth (defined, for the purposes of 

5 this section, as the percentage of stu6 dents who are on track to college and 

7 career readiness in a subject); 

8 ‘‘(II) in the case of high schools, 

9 graduation rates; and 

10 ‘‘(III) if the State so chooses— 

11 ‘‘(aa) schoolwide gains; and 

12 ‘‘(bb) absolute student per13 formance and, in the case of a 

14 State described in section 

15 1111(b)(1)(B), student growth, 

16 on other statewide assessments; 

17 and 

18 ‘‘(ii) the public high schools in the 

19 State that have less than a 60 percent 

20 graduation rate. 

21 ‘‘(B) DATA RULE.—In identifying the low22 est-achieving schools under this paragraph, a 

23 State shall— 

24 ‘‘(i) use data for the most recent year 

25 for which data are available; or 


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1 ‘‘(ii) average data for the most recent 

2 2- to 3-year period for which data are 

3 available. 

4 ‘‘(C) PARENTAL NOTIFICATION.—Each 

5 year, a State shall provide timely notification to 

6 all parents of students enrolled in each school 

7 identified under subparagraph (A) that the 

8 school is one of the State’s lowest-achieving 

9 schools for such year. 

10 ‘‘(D) LIST OF TARGETED LOW-ACHIEVING

11 SCHOOLS.—Each year, the State shall— 

12 ‘‘(i) compile a list of the schools iden13 tified under subparagraph (A) that— 

14 ‘‘(I) receive assistance under this 

15 part; 

16 ‘‘(II) are public high schools for 

17 which not less than 50 percent of each 

18 school’s students are from low-income 

19 families, as determined by the local 

20 educational agency under section 

21 1113; or 

22 ‘‘(III) are public high schools 

23 that have less than a 60 percent grad24 uation rate; 


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1 ‘‘(ii) submit the list described in 

2 clause (i) to the Secretary; 

3 ‘‘(iii) distribute the list described in 

4 clause (i) to the local educational agencies, 

5 elementary schools, and secondary schools 

6 in the State; and 

7 ‘‘(iv) make such list publicly available, 

8 including through the Internet. 

9 ‘‘(2) IDENTIFICATION AS PERSISTENTLY LOW10 ACHIEVING.— 

11 ‘‘(A) IDENTIFICATION.—For the 2013– 

12 2014 school year, each State receiving a grant 

13 under this part shall identify each school in14 cluded on the list under paragraph (1)(D)(i) for 

15 the preceding school year as a persistently low16 achieving school. For the 2014–2015 school 

17 year, and each subsequent school year, each 

18 such State shall identify each school that has 

19 been included on the list under such paragraph 

20 for the 2 preceding consecutive school years as 

21 a persistently low-achieving school. 

22 ‘‘(B) 5-YEAR PERIOD.—A school that is 

23 identified by the State under subparagraph (A) 

24 shall be a persistently low-achieving school for 


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1 the 5-year period following the school’s identi2 fication, except as provided in paragraph (7). 

3 ‘‘(3) STATE WAIVER.—If a State determines 

4 that all schools that would otherwise be considered 

5 to be in the lowest-achieving 5 percent of schools 

6 under paragraph (1)(A)(i) are actually performing 

7 at a satisfactory level of performance based on the 

8 measures used by the State to identify persistently 

9 low-achieving schools, the State may apply to the 

10 Secretary to waive the requirements of this sub11 section. 

12 ‘‘(4) NEEDS ANALYSIS.—Each local educational 

13 agency receiving assistance under this part shall 

14 conduct a data-driven needs analysis, which may in15 volve an external partner with expertise in con16 ducting such needs analysis, of each school identified 

17 under paragraph (2) by the State to determine the 

18 most appropriate school improvement strategies to 

19 improve student performance. Such needs analysis 

20 shall include— 

21 ‘‘(A) a diagnostic review of data related to 

22 students and instructional staff; 

23 ‘‘(B) an analysis of the school governance, 

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1 gagement practices relative to the needs of the 

2 student population; and 

3 ‘‘(C) the resources, which may include 

4 community-based supports and early childhood 

5 education and care, available at the school, local 

6 educational agency, and community levels to 

7 meet student needs and support improved stu8 dent achievement and outcomes and the imple9 mentation of any school improvement strategy. 

10 ‘‘(5) STATE AND LOCAL RESPONSIBILITIES.— 

11 ‘‘(A) STATE RESPONSIBILITIES.—Each 

12 State receiving a grant under this part shall en13 sure that a local educational agency receiving 

14 assistance carries out the requirements of sub15 paragraph (B) for each persistently low-achiev16 ing school in the State. 

17 ‘‘(B) LOCAL EDUCATIONAL AGENCY RE18 SPONSIBILITIES.—Each local educational agen19 cy receiving assistance under this part shall, 

20 consistent with the State’s accountability sys21 tem under section 1111(a)(3), for each school 

22 identified under paragraph (2) that it serves— 

23 ‘‘(i) establish a process for selecting 

24 an appropriate school improvement strat25 egy for the school that uses information 


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1 from the needs analysis under paragraph 

2 (4); 

3 ‘‘(ii) select the school improvement 

4 strategy to be used in each identified 

5 school and the timeline for implementing 

6 the selected school improvement strategy 

7 in such school; 

8 ‘‘(iii) develop a detailed budget cov9 ering the 5-year identification period, in10 cluding planned expenditures at the school 

11 level for activities supporting full and ef12 fective implementation of the selected 

13 school improvement strategy; 

14 ‘‘(iv) implement a school improvement 

15 strategy at the school in accordance with 

16 the requirements of paragraph (6); 

17 ‘‘(v) use appropriate measures to 

18 monitor the effectiveness of the implemen19 tation; 

20 ‘‘(vi) review and select turnaround 

21 partners to assist in implementing school 

22 improvement strategies; 

23 ‘‘(vii) align other Federal, State, and 

24 local resources with the school improve25 ment strategy; 


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1 ‘‘(viii) provide the school with the 

2 operational flexibility, including autonomy 

3 over staffing, time, and budget, needed to 

4 enable full and effective implementation of 

5 the selected strategy, including through the 

6 modification of practices or policies, if nec7 essary; 

8 ‘‘(ix) collect and use data on an ongo9 ing basis to adjust implementation of the 

10 school improvement strategy to improve 

11 student achievement; 

12 ‘‘(x) provide an assurance that the im13 plementation of the selected school im14 provement strategy addresses the needs of 

15 all the subgroups of students described in 

16 subsection (b)(1)(B) in the school; 

17 ‘‘(xi) take steps to sustain successful 

18 reforms and practices after the school is no 

19 longer identified under paragraph (2); and 

20 ‘‘(xii) provide technical assistance and 

21 other support to ensure effective implemen22 tation of the school improvement strategy 

23 in the school, which may include assistance 

24 in— 

25 ‘‘(I) data collection and analysis; 


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1 ‘‘(II) recruiting and retaining 

2 staff; 

3 ‘‘(III) teacher and principal eval4 uation; 

5 ‘‘(IV) professional development; 

6 ‘‘(V) parent and family engage7 ment; 

8 ‘‘(VI) coordination of services 

9 with early childhood education and 

10 care providers; 

11 ‘‘(VII) coordination of services to 

12 address students’ social, emotional, 

13 and health needs; and 

14 ‘‘(VIII) monitoring the imple15 mentation of the school improvement 

16 strategy selected under paragraph (6). 

17 ‘‘(C) STATE AS LOCAL EDUCATIONAL

18 AGENCY.—A State may take over a persistently 

19 low-achieving school and act as the local edu20 cational agency for purposes of this subsection, 

21 if permitted under State law. 

22 ‘‘(6) SCHOOL IMPROVEMENT STRATEGIES.— 

23 ‘‘(A) REQUIRED ACTIVITIES FOR ALL

24 SCHOOL IMPROVEMENT STRATEGIES.—A local 


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1 educational agency implementing any strategies 

2 under this paragraph for a school shall— 

3 ‘‘(i) provide staff at the school with 

4 ongoing professional development, con5 sistent with the needs analysis described in 

6 paragraph (4); 

7 ‘‘(ii) conduct regular evaluations for 

8 the teachers and principals at the school 

9 that provide specific feedback on areas of 

10 strength and in need of improvement; 

11 ‘‘(iii) provide time for collaboration 

12 among instructional staff at the school to 

13 improve student achievement; 

14 ‘‘(iv) provide instructional staff at the 

15 school with timely access to student data 

16 to inform instruction and meet the aca17 demic needs of individual students, which 

18 may include, in elementary school, school 

19 readiness data; 

20 ‘‘(v) collaborate with parents, the 

21 community, teachers, and other school per22 sonnel at the school on the selection and 

23 implementation of the strategy; 


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1 ‘‘(vi) use data to identify and imple2 ment a research-based instructional pro3 gram that— 

4 ‘‘(I) analyzes student progress 

5 and performance and develops appro6 priate interventions for students who 

7 are not making adequate progress; 

8 and 

9 ‘‘(II) provides differentiated in10 struction and related instructional 

11 supports; 

12 ‘‘(vii) in the case of an elementary 

13 school with kindergarten entry, consider 

14 the issue of school readiness in such school 

15 by— 

16 ‘‘(I) examining factors that con17 tribute to school readiness as part of 

18 the needs analysis conducted under 

19 paragraph (4); and 

20 ‘‘(II) if school readiness is identi21 fied in the needs analysis as an area 

22 in need of improvement— 

23 ‘‘(aa) coordinating with ap24 propriate early childhood pro25 grams, such as programs under 


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1 the Child Care Development and 

2 Block Grant Act of 1990, the 

3 Head Start Act, prekindergarten 

4 programs, and other similar Fed5 eral, State, and local programs, 

6 in order to align instruction to 

7 better prepare students for ele8 mentary school; and 

9 ‘‘(bb) developing a plan to 

10 improve or expand early child11 hood options which may include 

12 the use of funds under this part 

13 for such purposes; 

14 ‘‘(viii) provide ongoing mechanisms 

15 for parent and family engagement; and 

16 ‘‘(ix) provide appropriate services and 

17 supports for students as identified in the 

18 school’s needs analysis. 

19 ‘‘(B) STRATEGIES.—A local educational 

20 agency shall identify a school improvement 

21 strategy for a school described in paragraph 

22 (5)(A) from among the following strategies: 

23 ‘‘(i) TRANSFORMATION STRATEGY.—A 

24 local educational agency implementing a 

25 transformation strategy in a school shall— 


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1 ‘‘(I) replace the principal, if the 

2 principal has served in that role at the 

3 school for more than 2 years, with a 

4 principal who has— 

5 ‘‘(aa) a demonstrated record 

6 of success in increasing student 

7 achievement; 

8 ‘‘(bb) training or experience 

9 in raising student achievement; 

10 or 

11 ‘‘(cc) training or experience 

12 in turning around low-performing 

13 schools; 

14 ‘‘(II) require existing instruc15 tional staff and school leadership to 

16 reapply for their positions; and 

17 ‘‘(III) require that all instruc18 tional staff and school leadership hir19 ing be done at the school through mu20 tual consent. 

21 ‘‘(ii) STRATEGIC STAFFING STRAT22 EGY.—A local educational agency imple23 menting a strategic staffing initiative as a 

24 strategy for a school shall— 


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1 ‘‘(I) replace the principal, if the 

2 principal has served in that role at the 

3 school for more than 2 years, with a 

4 principal who has the demonstrated 

5 record of success, training, or experi6 ence described in clause (i)(I); 

7 ‘‘(II) require that the principal 

8 be allowed to staff the school with a 

9 school turnaround team of the prin10 cipal’s choosing from among individ11 uals with a demonstrated record of 

12 success in increasing student achieve13 ment, which team shall include key 

14 leadership positions in the school 

15 and— 

16 ‘‘(aa) in the case of a school 

17 that is an elementary school, not 

18 more than 5 teachers; or 

19 ‘‘(bb) in the case of a school 

20 that is a secondary school, not 

21 more than 20 teachers; and 

22 ‘‘(III) provide incentives to the 

23 principal and teachers to participate 

24 in the initiative. 


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1 ‘‘(iii) TURNAROUND STRATEGY.—A 

2 local educational agency implementing a 

3 turnaround model as a strategy for a 

4 school shall— 

5 ‘‘(I) replace the principal, if the 

6 principal has served in that role at the 

7 school for more than 2 years, with a 

8 principal who has the demonstrated 

9 record of success, training, or experi10 ence described in clause (i)(I); and 

11 ‘‘(II) screen all teachers in the 

12 school and retain not more than 65 

13 percent of them. 

14 ‘‘(iv) WHOLE SCHOOL REFORM STRAT15 EGY.—A local educational agency imple16 menting a whole school reform strategy for 

17 a school shall implement an evidence-based 

18 strategy that ensures whole school reform. 

19 The strategy shall be undertaken in part20 nership with a strategy developer offering 

21 a school reform program that is based on 

22 at least a moderate level of evidence that 

23 the program will have a statistically signifi24 cant effect on student outcomes, including 

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1 mented experimental or quasi-experimental 

2 study. 

3 ‘‘(v) RESTART STRATEGY.—A local 

4 educational agency implementing a restart 

5 strategy in a school shall carry out the fol6 lowing: 

7 ‘‘(I)(aa) Convert the school into a 

8 public charter school, or close and re9 open the school as a public charter 

10 school in partnership with a nonprofit 

11 charter school operator, a nonprofit 

12 charter management organization, or 

13 a nonprofit education management or14 ganization, that has a demonstrated 

15 record of improving student achieve16 ment for students similar to those 

17 served by the school; or 

18 ‘‘(bb) convert the school to a 

19 magnet school or create a new, inno20 vative school, as defined by the State. 

21 ‘‘(II) Ensure that the new 

22 school— 

23 ‘‘(aa) serves the grade levels 

24 as the original school for which 


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1 the strategy is being imple2 mented; and 

3 ‘‘(bb) enrolls any former 

4 student of the original school who 

5 requests to attend the school and 

6 then, after all such students are 

7 enrolled, admits additional stu8 dents, using a random lottery 

9 system if more students apply for 

10 admission than can be accommo11 dated. 

12 ‘‘(vi) SCHOOL CLOSURE STRATEGY.— 

13 A local educational agency implementing a 

14 school closure strategy for a school— 

15 ‘‘(I) shall close the school and en16 roll the students who attended the 

17 school in other schools, including 

18 charter schools, served by the local 

19 educational agency that are within 

20 reasonable proximity to the closed 

21 school, as determined by the local 

22 educational agency, and that are high23 er-performing than the school that is 

24 being closed; 


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1 ‘‘(II) shall provide transpor2 tation, or shall pay for the provision 

3 of transportation, for each such stu4 dent to the student’s new school, con5 sistent with State law and local edu6 cational agency policy; 

7 ‘‘(III) shall provide information 

8 about high-quality educational op9 tions, as well as transition and sup10 port services to students, who at11 tended the closed school and the stu12 dents’ parents; and 

13 ‘‘(IV) may use school improve14 ment funds provided under subsection 

15 (d) to pay for the expenses of— 

16 ‘‘(aa) transitioning students 

17 from the school that is being 

18 closed to the new school; 

19 ‘‘(bb) supporting the new 

20 school; and 

21 ‘‘(cc) expanding and offering 

22 student supports and services 

23 within the new school, which may 

24 include high-quality prekinder25 garten programs and services. 


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1 ‘‘(C) FLEXIBILITY.— 

2 ‘‘(i) FLEXIBILITY FOR CERTAIN

3 LOCAL EDUCATIONAL AGENCIES.—Not4 withstanding any other provision of this 

5 paragraph— 

6 ‘‘(I) a local educational agency 

7 that is eligible for services under sub8 part 1 or 2 of part B of title VI, as 

9 determined by the Secretary, may 

10 modify not more than 1 of the ele11 ments or activities required under 

12 subparagraph (A) of a school improve13 ment strategy selected for a school de14 scribed in paragraph (5)(A), in order 

15 to better meet the needs of students 

16 in such school; and 

17 ‘‘(II) a State educational agency 

18 may apply to the Secretary for a waiv19 er of clauses (i)(I), (ii)(I), and (iii)(I) 

20 of subparagraph (B). 

21 ‘‘(ii) STATE FLEXIBILITY.— 

22 ‘‘(I) IN GENERAL.—Notwith23 standing any other provision of this 

24 paragraph, a State educational agency 

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1 retary, establish an alternative State2 determined school improvement strat3 egy that may be used by local edu4 cational agencies in addition to the 

5 strategies described in subparagraph 

6 (B). 

7 ‘‘(II) EXCEPTION FOR REQUIRED

8 ACTIVITIES.—A local educational 

9 agency implementing an approved al10 ternative State-determined school im11 provement strategy in accordance with 

12 this subparagraph shall not be re13 quired to implement the activities de14 scribed in subparagraph (A). 

15 ‘‘(D) PUBLIC SCHOOL CHOICE.— 

16 ‘‘(i) IN GENERAL.—In addition to the 

17 requirements of subparagraph (A) and the 

18 school improvement strategy determined 

19 under subparagraph (B) or (C)(ii), a local 

20 educational agency shall, not later than 3 

21 months before the first day of the school 

22 year following identification under para23 graph (2), provide all students enrolled in 

24 the identified school with the option to 

25 transfer to another public school served by 


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1 the local educational agency that has not 

2 been identified under such paragraph, un3 less such an option is prohibited by State 

4 law. 

5 ‘‘(ii) PRIORITY.—In providing stu6 dents the option to transfer to another 

7 public school, the local educational agency 

8 shall give priority to the lowest achieving 

9 children from low-income families, as de10 termined by the local educational agency 

11 for the purposes of allocating funds to 

12 schools under section 1113(a)(3). 

13 ‘‘(iii) TREATMENT.—Students who 

14 use the option to transfer to another public 

15 school shall be enrolled in classes and 

16 other activities in the public school to 

17 which the students transfer in the same 

18 manner as all other children at the public 

19 school. 

20 ‘‘(iv) SPECIAL RULE.—A local edu21 cational agency shall permit a child who 

22 transfers to another public school under 

23 this subparagraph to remain in that school 

24 until the child has completed the highest 

25 grade in such school. 


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1 ‘‘(7) IMPROVEMENT.—If, at any time during 

2 the 5-year period for which a school is identified as 

3 a persistently low-achieving school under paragraph 

4 (2), the State determines, based on the most current 

5 data, that the school has improved and is no longer 

6 one of the State’s persistently low-achieving schools, 

7 then— 

8 ‘‘(A) the State educational agency shall no 

9 longer identify the school as a persistently low10 achieving school for any remainder of the 5- 

11 year period; and 

12 ‘‘(B) if an eligible entity, as defined in sub13 section (d)(1), was receiving school improve14 ment funds under subsection (d) for such 

15 school, the eligible entity shall continue to re16 ceive such grant funds as are necessary, and 

17 use such funds to carry out the grant activities 

18 in such school, for the full period of such grant. 

19 ‘‘(8) REPEATED CLASSIFICATION AS PERSIST20 ENTLY LOW-ACHIEVING.—For each public school 

21 that is identified under paragraph (2) for any por22 tion of a 5-year period and that is re-identified 

23 under such paragraph for the subsequent time pe24 riod, the local educational agency shall carry out the 

25 requirements of this subsection for such subsequent 


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1 period by implementing, with respect to such school, 

2 the restart strategy or school closure strategy under 

3 clause (v) or (vi) of paragraph (6)(B). 

4 ‘‘(d) SCHOOL IMPROVEMENT FUNDS.— 

5 ‘‘(1) DEFINITIONS.—In this subsection: 

6 ‘‘(A) ELIGIBLE ENTITY.—the term ‘eligible 

7 entity’ means— 

8 ‘‘(i) a State educational agency; 

9 ‘‘(ii) a local educational agency that 

10 receives funds under this part and serves 

11 at least 1 eligible school; 

12 ‘‘(iii) a consortium of such local edu13 cational agencies; or 

14 ‘‘(iv) an educational service agency 

15 that serves at least 1 local educational 

16 agency described in clause (ii). 

17 ‘‘(B) ELIGIBLE SCHOOL.—The term ‘eligi18 ble school’ means a school identified under sub19 section (b) or paragraph (1) or (2) of sub20 section (c). 

21 ‘‘(2) ALLOTMENTS TO STATES.— 

22 ‘‘(A) IN GENERAL.—From the funds made 

23 available to carry out this subsection under sec24 tion 3(a)(2) for a fiscal year, the Secretary 

25 shall provide States that submit an application 


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1 described in paragraph (3) with school improve2 ment funds through an allotment, as deter3 mined under subparagraph (B) and in addition 

4 to the amounts made available to States under 

5 subpart 2, to enable the States to award sub6 grants and carry out the activities described in 

7 this subsection to assist eligible schools. 

8 ‘‘(B) ALLOTMENTS TO STATES.—From the 

9 funds made available to carry out this sub10 section under section 3(a)(2) for a fiscal year, 

11 the Secretary shall allot to each State with an 

12 approved application an amount that bears the 

13 same relation to such funds as the amount that 

14 the State received under subpart 2 for the pre15 ceding fiscal year bears to the amount that all 

16 States receive under such subpart for such fis17 cal year. 

18 ‘‘(3) STATE APPLICATION.—A State that de19 sires to receive school improvement funds under this 

20 subsection shall submit an application to the Sec21 retary at such time, in such manner, and accom22 panied by such information as the Secretary may re23 quire. Each application shall include a description 

24 of— 


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1 ‘‘(A) the process and the criteria that the 

2 State will use to award subgrants under para3 graph (5)(A)(i); 

4 ‘‘(B) the process and the criteria the State 

5 will use to determine whether the eligible enti6 ty’s proposal for each eligible school meets the 

7 requirements of subparagraphs (B) and (C) of 

8 paragraph (5), and paragraphs (4) and (6), of 

9 subsection (c); 

10 ‘‘(C) how the State will ensure geographic 

11 diversity in making subgrants; 

12 ‘‘(D) how the State will set priorities in 

13 awarding subgrants to eligible entities approved 

14 to serve schools identified under subsection (b), 

15 if funds are available to do so; 

16 ‘‘(E) how the State will monitor and evalu17 ate the implementation of school improvement 

18 strategies by eligible entities, including how the 

19 State will use the results of the evaluation to 

20 improve State strategies for supporting schools 

21 identified under subsection (b) or (c); and 

22 ‘‘(F) how the State will reduce barriers for 

23 schools in the implementation of school im24 provement strategies, including operational 

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1 tation of the selected school improvement strat2 egy. 

3 ‘‘(4) STATE ADMINISTRATION AND TECHNICAL

4 ASSISTANCE.—A State that receives an allotment 

5 under this subsection may reserve not more than a 

6 total of 5 percent of such allotment for the adminis7 tration of this subsection, which may include activi8 ties aimed at building State capacity to support the 

9 local educational agency and school improvement, 

10 such as providing technical assistance and other sup11 port (including regular site visits to monitor imple12 mentation of selected school improvement strategies 

13 to eligible entities serving schools identified under 

14 subsection (c)(2)), either directly or through edu15 cational service agencies or other public or private 

16 organizations. 

17 ‘‘(5) SCHOOL IMPROVEMENT ACTIVITIES.— 

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

19 school improvement funds under this subsection 

20 shall use not less than 95 percent of such allot21 ment to carry out school improvement activities 

22 for eligible schools by— 

23 ‘‘(i) awarding subgrants, on a com24 petitive basis, to eligible entities to enable 

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1 ties described in subparagraph (D) for eli2 gible schools; or 

3 ‘‘(ii) if the State chooses and the local 

4 educational agency serving an eligible 

5 school agrees, directly providing the activi6 ties described in clauses (i) through (iii) of 

7 subparagraph (D) to the eligible school 

8 and the local educational agency, or ar9 ranging for other entities, such as school 

10 support teams or educational service agen11 cies, to provide such activities to the 

12 school. 

13 ‘‘(B) PRIORITY.—In distributing grant 

14 funds under this paragraph, a State shall assist 

15 the schools identified under paragraph (1) or 

16 (2) of subsection (c), including such schools 

17 that have improved as provided for in sub18 section (c)(7), in the State before assisting eli19 gible schools that are identified under sub20 section (b). 

21 ‘‘(C) SUBGRANTS.— 

22 ‘‘(i) APPLICATIONS.—An eligible enti23 ty that desires a subgrant under this para24 graph shall submit an application to the 

25 State at such time, in such manner, and 


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1 including such information as the State 

2 shall require. The application shall include 

3 a description of how the eligible entity will 

4 carry out the requirements of subpara5 graphs (B) and (C) of paragraph (5), and 

6 paragraphs (4) and (6), for each eligible 

7 school to be served by the grant. 

8 ‘‘(ii) DEMONSTRATION OF ADDI9 TIONAL RESPONSIBILITIES.—Each eligible 

10 entity that desires a subgrant under this 

11 paragraph shall demonstrate in its applica12 tion that the eligible entity has— 

13 ‘‘(I) adopted human resource 

14 policies that prioritize the recruit15 ment, retention, and placement of ef16 fective staff in eligible schools; 

17 ‘‘(II) ensured that eligible schools 

18 have access to resources to implement 

19 the school improvement strategies de20 scribed in subsection (c)(6), such as 

21 facilities, professional development, 

22 and technology; 

23 ‘‘(III) identified opportunities to 

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1 plying with reporting requirements of 

2 State and Federal programs; 

3 ‘‘(IV) developed an early warning 

4 indicator system that monitors school5 level data, and alerts the eligible 

6 school when a student indicates 

7 slowed progress toward high school 

8 graduation, so that the school can 

9 provide appropriate student interven10 tions; and 

11 ‘‘(V) facilitated alignment and 

12 coordination between early childhood 

13 education and care programs and 

14 services serving students who will at15 tend eligible schools that are elemen16 tary schools, and teachers and prin17 cipals of such eligible schools. 

18 ‘‘(iii) SUBGRANT SIZE.—A State shall 

19 award subgrants under this paragraph of 

20 sufficient size to enable subgrant recipients 

21 to fully and effectively implement the se22 lected school improvement strategies. 

23 ‘‘(iv) SUBGRANT PERIOD.—Each 

24 subgrant awarded under this paragraph 

25 shall be for a 5-year period. 


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1 ‘‘(v) WITHHOLDING FINAL FUND2 ING.—In order for a State to award 

3 subgrant funds to an eligible entity for the 

4 final 2 years of the subgrant cycle, the eli5 gible entity shall demonstrate that the 

6 schools receiving funds under this para7 graph have made significant progress on 

8 the leading indicators. 

9 ‘‘(D) USE OF SUBGRANT FUNDS.—An eli10 gible entity that receives a subgrant under this 

11 paragraph shall use the subgrant funds to— 

12 ‘‘(i) carry out the requirements of 

13 subparagraphs (B) and (C) of paragraph 

14 (5), and paragraphs (4) and (6), in an eli15 gible school that has been identified under 

16 subsection (c)(2) as of the date of the 

17 grant award, which may include a max18 imum 1-year planning period; 

19 ‘‘(ii) if all eligible schools identified 

20 under subsection (c)(2) in the State have 

21 received funds under this subsection, 

22 apply, and carry out, the requirements of 

23 subparagraphs (B) and (C) of paragraph 

24 (5), and paragraphs (4) and (6), at other 


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1 eligible schools as if such schools had been 

2 identified under subsection (c)(2); 

3 ‘‘(iii) carry out activities at the local 

4 educational agency level that directly sup5 port such implementation, such as— 

6 ‘‘(I) assistance in data collection 

7 and analysis; 

8 ‘‘(II) recruiting and retaining 

9 staff; 

10 ‘‘(III) teacher and principal eval11 uation; 

12 ‘‘(IV) professional development; 

13 ‘‘(V) coordination of services to 

14 address students’ social, emotional, 

15 and health needs; and 

16 ‘‘(VI) progress monitoring. 

17 ‘‘(E) SUPPLEMENT, NOT SUPPLANT.—An 

18 eligible entity or State shall use Federal funds 

19 received under this subsection only to supple20 ment the funds that would, in the absence of 

21 such Federal funds, be made available from 

22 non-Federal sources for the education of pupils 

23 participating in programs funded under this 

24 subsection. 


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1 ‘‘(F) INTERVENTION BY STATE.—In the 

2 case of a State educational agency that has 

3 taken over a school or local educational agency, 

4 the State may use an amount of funds under 

5 this subsection similar to the amount that the 

6 school or local educational agency would receive, 

7 under this subsection, in order to carry out the 

8 activities described in clauses (i) through (iii) of 

9 subparagraph (D) for the school and local edu10 cational agency, either directly or through an 

11 eligible entity designated by the State edu12 cational agency. 

13 ‘‘(6) NATIONAL ACTIVITIES.—From amounts 

14 appropriated and reserved for this paragraph under 

15 section 3(a)(2)(B), the Secretary shall carry out the 

16 following national activities: 

17 ‘‘(A) Activities focused on building State 

18 and local educational agency capacity to turn 

19 around schools identified under subsection 

20 (c)(2) and schools in rural areas through activi21 ties such as— 

22 ‘‘(i) identifying and disseminating ef23 fective school improvement strategies, in24 cluding in rural areas; 


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1 ‘‘(ii) making available targeted tech2 nical assistance, including planning and 

3 implementation tools; and 

4 ‘‘(iii) expanding the availability of 

5 turnaround partners capable of assisting in 

6 turning around schools identified under 

7 subsection (c)(2), including in rural areas. 

8 ‘‘(B) Activities focused on building capac9 ity to turn around schools identified under sub10 section (c)(2), including in rural areas. 

11 ‘‘(C) The use of data, research, and eval12 uation to— 

13 ‘‘(i) identify schools that are imple14 menting school improvement strategies ef15 fectively; 

16 ‘‘(ii) identify effective school improve17 ment strategies; and 

18 ‘‘(iii) collect and disseminate that in19 formation to States and local educational 

20 agencies in a manner that facilitates rep21 lication of effective practices. 

22 ‘‘(D) Other activities designed to support 

23 State and local efforts to improve eligible 

24 schools. 


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1 ‘‘(7) EVALUATION.—The Director of the Insti2 tute of Education Sciences shall conduct an evalua3 tion of the programs carried out under this sub4 section. 

5 ‘‘(e) STATE RESPONSIBILITIES.—Consistent with 

6 section 1111(a)(3)(A)(iv), a State educational agency re7 ceiving assistance under this part shall provide support for 

8 the improvement of all schools that are not identified 

9 under subsection (b) or (c)(2) but are low-performing or 

10 have low-performing subgroups of students described in 

11 subsection (b)(1)(B). 

12 ‘‘(f) CONSTRUCTION.—Nothing in this section shall 

13 be construed to alter or otherwise affect the rights, rem14 edies, and procedures afforded school or school district 

15 employees under Federal, State, or local laws (including 

16 applicable regulations or court orders) or under the terms 

17 of collective bargaining agreements, memoranda of under18 standing, or other agreements between such employees 

19 and their employers.’’. 

20 SEC. 1117. BLUE RIBBON SCHOOLS. 

21 Section 1117 (20 U.S.C. 6317) is amended to read 

22 as follows: 


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1 ‘‘SEC. 1117. BLUE RIBBON SCHOOLS. 

2 ‘‘(a) PROGRAM PURPOSE.—It is the purpose of this 

3 section to assist States and local educational agencies in 

4 identifying and rewarding high-performing public schools. 

5 ‘‘(b) BLUE RIBBON SCHOOLS.— 

6 ‘‘(1) IDENTIFICATION OF BLUE RIBBON

7 SCHOOLS.—Each State receiving a grant under this 

8 part may— 

9 ‘‘(A) define the category of blue ribbon 

10 schools, consistent with paragraph (2), for the 

11 State as part of its State plan in section 

12 1111(b); and 

13 ‘‘(B) identify, for each school year, the 

14 schools in the State that are blue ribbon schools 

15 for such year. 

16 ‘‘(2) BLUE RIBBON SCHOOL CRITERIA.— 

17 ‘‘(A) IN GENERAL.—If a State elects to 

18 carry out this subsection, the State’s blue rib19 bon schools shall consist of the top 5 percent of 

20 the State’s public elementary schools and sec21 ondary schools, as designated by the State 

22 based on— 

23 ‘‘(i) the percentage of students who 

24 are on track to college and career readi25 ness for English or language arts, and 

26 mathematics; 


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1 ‘‘(ii) in the case of high schools, the 

2 school’s graduation rates; 

3 ‘‘(iii) the performance of each cat4 egory of students described in subsection 

5 (b)(1)(B); 

6 ‘‘(iv) if the State chooses to measure 

7 student growth in accordance with section 

8 1111(b)(1)(B), the percentage of students 

9 attaining growth in accordance with 

10 clauses (i) and (ii) of such section; and 

11 ‘‘(v) school gains. 

12 ‘‘(B) NONELIGIBILITY FOR BLUE RIBBON

13 STATUS.—A school identified under subsection 

14 (b) or (c)(2) of section 1116 for a year shall 

15 not be eligible for blue ribbon school status for 

16 the same year. 

17 ‘‘(c) REWARDS FOR BLUE RIBBON SCHOOLS.— 

18 ‘‘(1) IN GENERAL.—Each State that defines 

19 and identifies blue ribbon schools under subsection 

20 (b)(1) for a school year may— 

21 ‘‘(A) provide each blue ribbon school in the 

22 State with increased autonomy over the school’s 

23 budget, staffing, and time; 

24 ‘‘(B) allow each blue ribbon school to have 

25 flexibility in the use of any funds provided to 


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1 the school under this Act for any purpose al2 lowed under this Act (notwithstanding any 

3 other provision of this Act), as long as such use 

4 is consistent with the Civil Rights Act of 1964, 

5 title IX of the Education Amendments of 1972, 

6 section 504 of the Rehabilitation Act of 1973, 

7 the Americans with Disabilities Act of 1990 (42 

8 U.S.C. 12101), and part B of the Individuals 

9 with Disabilities Education Act; and 

10 ‘‘(C) reserve not more than .5 percent of 

11 the funds allotted to the State under subpart 2 

12 and use such reserved amounts to distribute re13 wards, on a competitive basis, to local edu14 cational agencies that serve 1 or more blue rib15 bon schools identified under subsection (b) that 

16 receive funds under subpart 2 to enable the 

17 local educational agencies to provide awards to 

18 such blue ribbon schools that receive funds 

19 under such subpart. 

20 ‘‘(2) USE OF REWARDS.—As a condition of re21 ceiving an award from a local educational agency 

22 under this subsection, a blue ribbon school shall 

23 agree to use the award funds to— 

24 ‘‘(A) improve student achievement; and 


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1 ‘‘(B) provide technical assistance to the 

2 lowest-achieving schools in the State that have 

3 characteristics similar to the blue ribbon school, 

4 in accordance with the State plan under section 

5 1111(b)(1)(F).’’. 

6 SEC. 1118. PARENT AND FAMILY ENGAGEMENT. 

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

8 as follows: 

9 ‘‘SEC. 1118. PARENT AND FAMILY ENGAGEMENT. 

10 ‘‘(a) LOCAL EDUCATIONAL AGENCY PARENT AND

11 FAMILY ENGAGEMENT PLAN.— 

12 ‘‘(1) IN GENERAL.—A local educational agency 

13 may receive funds under this part only if such agen14 cy develops and implements a strategic, evidence15 based plan to support meaningful engagement of 

16 parents and family members in education (referred 

17 to in this section as the ‘parent and family engage18 ment plan’). Such plan shall be aligned through in19 corporation into the local educational agency’s plan 

20 developed under section 1112 and shall include 

21 strategies (especially in high-need schools) that are 

22 planned and implemented in meaningful consultation 

23 with— 


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1 ‘‘(A) parents and family members of par2 ticipating children, including districtwide parent 

3 advisory committees, where applicable; 

4 ‘‘(B) to the greatest extent practicable, in5 dividuals with expertise in effectively engaging 

6 parents and family members in education; and 

7 ‘‘(C) organizations that have a dem8 onstrated record of effectiveness in assisting 

9 students in becoming college and career ready. 

10 ‘‘(2) CONSULTATION AND DISSEMINATION.— 

11 Each local educational agency that receives funds 

12 under this part shall— 

13 ‘‘(A) develop and implement the parent 

14 and family engagement plan jointly with par15 ents and family members of participating chil16 dren and, where applicable, with a districtwide 

17 parent advisory committee; and 

18 ‘‘(B) develop a template for schools to use 

19 in communicating— 

20 ‘‘(i) parent and family engagement 

21 strategies; and 

22 ‘‘(ii) the content of the compact de23 scribed in subsection (e). 


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1 ‘‘(3) CONTENTS OF THE LOCAL EDUCATIONAL

2 AGENCY PARENT AND FAMILY ENGAGEMENT

3 PLAN.— 

4 ‘‘(A) REQUIRED ELEMENTS.—The parent 

5 and family engagement plan shall— 

6 ‘‘(i) establish the local educational 

7 agency’s expectations for, and commitment 

8 to support, meaningful engagement strate9 gies; 

10 ‘‘(ii) describe the process through 

11 which the local educational agency will 

12 equip parents and family members, with 

13 particular attention to economically dis14 advantaged parents and family members, 

15 to— 

16 ‘‘(I) act in partnership with 

17 school personnel to improve the aca18 demic achievement and development 

19 of their children; 

20 ‘‘(II) participate in school im21 provement strategies; and 

22 ‘‘(III) communicate effectively 

23 with educators and administrators, 

24 such as through the establishment of 

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1 mittee, if such committee does not al2 ready exist; 

3 ‘‘(iii) describe how the local edu4 cational agency will provide the coordina5 tion, technical assistance, and other sup6 port necessary to assist participating 

7 schools in planning and implementing ef8 fective parent and family engagement 

9 strategies, such as— 

10 ‘‘(I) making facilities of the local 

11 educational agency available, as ap12 propriate; and 

13 ‘‘(II) utilizing the expertise of, 

14 and developing strategies with, organi15 zations that have a demonstrated 

16 record of success in supporting parent 

17 and family engagement; 

18 ‘‘(iv) describe how the local edu19 cational agency will use data (including 

20 data collected through the evaluation de21 scribed in subsection (b), a conditions for 

22 learning measurement system as described 

23 in section 4404(g), and surveys of parent 

24 and family engagement) to continuously 


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1 improve and increase engagement strate2 gies; and 

3 ‘‘(v) describe how the local edu4 cational agency will involve parents in the 

5 development of the plan described in sec6 tion 1112. 

7 ‘‘(B) OPTIONAL ELEMENTS.—The parent 

8 and family engagement plan may include, in ad9 dition to the requirements described in subpara10 graph (A), a description of how the local edu11 cational agency plans to involve employers, 

12 business leaders, philanthropic and nonprofit 

13 organizations, and other community members 

14 committed to improving student achievement 

15 and development in order to increase and 

16 strengthen parent and family engagement, as 

17 well as how the local educational agency will co18 ordinate with parent and family information 

19 and resource centers established under part G 

20 of title IV. 

21 ‘‘(b) EVALUATION.—The local educational agency 

22 shall conduct, with the involvement of parents and family 

23 members, an annual evaluation of the effectiveness of the 

24 parent and family engagement plan in— 


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1 ‘‘(1) improving student academic achievement 

2 and development; 

3 ‘‘(2) improving the college and career readiness 

4 of children; and 

5 ‘‘(3) reducing barriers to greater participation 

6 in the activities described in this section by parents 

7 and family members, with particular attention to 

8 parents and family members who are economically 

9 disadvantaged. 

10 ‘‘(c) RESERVATION AND USE OF FUNDS.— 

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

12 agency shall reserve not less than 1 percent of such 

13 agency’s allocation under subpart 2 to carry out the 

14 activities described in this section. 

15 ‘‘(2) EXCEPTION.—The reservation requirement 

16 under paragraph (1) shall not apply if 1 percent of 

17 the local educational agency’s allocation under sub18 part 2 for the fiscal year for which the determina19 tion is made is equal to or less than $5,000. 

20 ‘‘(3) USE OF FUNDS.—Funds reserved under 

21 paragraph (1) may be used to carry out systemic, 

22 evidence-based parent and family engagement strate23 gies, consistent with the local educational agency 

24 parent and family engagement plan described in sub25 section (a), such as the following: 


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1 ‘‘(A) Designating or establishing a dedi2 cated office or dedicated personnel for parent 

3 and family engagement. 

4 ‘‘(B) Providing subgrants to schools work5 ing in partnership with an organization with a 

6 demonstrated record of success in improving 

7 and increasing parent and family engagement. 

8 ‘‘(C) Professional development for school 

9 personnel regarding parent and family engage10 ment strategies, which may be provided jointly 

11 to teachers, school leaders, and parents and 

12 family members. 

13 ‘‘(D) Districtwide or school-based leader14 ship training for parents and family members 

15 and other evidence-based leadership develop16 ment strategies. 

17 ‘‘(E) Adult education and literacy activi18 ties, as defined in section 203 of the Adult 

19 Education and Family Literacy Act. 

20 ‘‘(F) Home visitation programs. 

21 ‘‘(G) Volunteerism programs. 

22 ‘‘(H) Other evidence-based or promising 

23 strategies for improving and increasing parent 

24 and family engagement, which may include 


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1 family and student supports, as defined in sec2 tion 4603. 

3 ‘‘(I) Conducting the evaluation described in 

4 subsection (b). 

5 ‘‘(J) Disseminating information on best 

6 practices (such as implementation, replication, 

7 impact studies, and evaluations) focused on 

8 parent and family engagement, especially best 

9 practices for increasing the engagement of eco10 nomically disadvantaged parents and family 

11 members. 

12 ‘‘(K) Coordinating parent and family en13 gagement strategies conducted by the local edu14 cational agency and schools within the local 

15 educational agency with local early learning 

16 programs, career and technical education pro17 grams, and postsecondary education programs. 

18 ‘‘(4) DISTRIBUTION OF FUNDS.— 

19 ‘‘(A) IN GENERAL.—Not less than 95 per20 cent of the funds reserved under this subsection 

21 shall be distributed to schools served under this 

22 part. 

23 ‘‘(B) PRIORITY.—In allocating the funds 

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1 cational agency shall give priority to high-need 

2 schools. 

3 ‘‘(C) DISTRICTWIDE ACTIVITIES.—Funds 

4 used to implement leadership training for par5 ents and family members or other districtwide 

6 parent and family engagement initiatives with a 

7 demonstrated record of effectiveness that may 

8 be cost effective and that directly benefit par9 ents and family members, may be considered 

10 funds distributed to schools. 

11 ‘‘(d) FAMILY MEMBER ENGAGEMENT.—Each school 

12 served under this part shall— 

13 ‘‘(1) regularly convene, at not less than 1 time 

14 during each academic year, a meeting at a conven15 ient time, to which parents and family members of 

16 participating children shall be invited and encour17 aged to attend, in order to— 

18 ‘‘(A) review the parent and family engage19 ment compact described in subsection (e); 

20 ‘‘(B) inform parents and family members 

21 of opportunities for engagement in their child’s 

22 education; and 

23 ‘‘(C) explain to parents and family mem24 bers the right of the parents and family memVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 bers to be involved, and the benefits of mean2 ingful engagement; 

3 ‘‘(2) use multiple methods to involve and col4 laborate with parents and family members (in an or5 ganized, ongoing, and timely way, including through 

6 electronic means) in the planning, development, re7 view, implementation, and improvement of school 

8 improvement plans and strategies, including in de9 veloping the schoolwide program plan under section 

10 1114(b)(2) or a similar school improvement plan; 

11 ‘‘(3) at a minimum, provide parents and family 

12 members with— 

13 ‘‘(A) opportunities to develop the knowl14 edge and skills to engage as full partners in 

15 supporting academic achievement, child develop16 ment, and school improvement; 

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

18 forms of academic assessment used to measure 

19 student progress, the proficiency levels students 

20 are expected to meet, and opportunities to pro21 mote learning and college and career readiness 

22 during out-of-school time; 

23 ‘‘(C) opportunities to develop leadership 

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1 cational agency staff in decisions relative to the 

2 education of their children; and 

3 ‘‘(D) opportunities to increase their ability 

4 to engage effectively with educators and admin5 istrators in formal and structured settings, such 

6 as parent-teacher conferences, individualized 

7 education program team meetings, local edu8 cational agency meetings, disciplinary hearings, 

9 and the school budgeting process; 

10 ‘‘(4) make the school safe and welcoming to 

11 parents and family members; 

12 ‘‘(5) provide professional development and other 

13 evidence-based support to school staff regarding ef14 fective parent and family engagement; 

15 ‘‘(6) collaborate with community-based organi16 zations, employers, or other entities to accomplish 

17 the purposes of this section; 

18 ‘‘(7) to the extent feasible and appropriate, co19 ordinate and integrate parent and family engage20 ment programs and strategies with other Federal, 

21 State, and local programs; and 

22 ‘‘(8) provide such other support for parent and 

23 family engagement strategies under this section as 

24 parents and family members may request, to the ex25 tent practicable. 


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1 ‘‘(e) SHARED RESPONSIBILITIES FOR COLLEGE AND

2 CAREER READINESS.—Each school served under this part 

3 shall jointly develop with parents and family members, for 

4 all children served under this part, a parent and family 

5 engagement compact. Such compact shall— 

6 ‘‘(1) describe the activities the school will take 

7 in accordance with subsection (d); 

8 ‘‘(2) describe the school’s responsibility to— 

9 ‘‘(A) provide a rigorous curriculum and ef10 fective instruction in a supportive, safe, and 

11 healthy learning environment; 

12 ‘‘(B) inform parents and family members 

13 (with attention to economically disadvantaged 

14 parents and family members) of opportunities 

15 to participate in school improvement or govern16 ance councils, engage in the development of dis17 cipline and suspension and other school policies, 

18 and access the parent and family information 

19 and resource centers established under part G 

20 of title IV; and 

21 ‘‘(C) to the greatest extent practicable— 

22 ‘‘(i) communicate with parents and 

23 family members when children are chron24 ically absent from school, when children 

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1 dren drop out of school, which may include 

2 through home visits; 

3 ‘‘(ii) refer parents and family mem4 bers to adult education and literacy activi5 ties, social services, or other programs and 

6 services designed to support parent and 

7 family engagement; and 

8 ‘‘(iii) offer evidence-based mentoring 

9 programs to students; 

10 ‘‘(3) describe the responsibilities of parents and 

11 family members to be full partners in the education 

12 of their child, which may include— 

13 ‘‘(A) communicating high expectations for 

14 their child’s academic achievement and college 

15 and career readiness; 

16 ‘‘(B) reading to their child, promoting the 

17 use of libraries, facilitating access to cultural 

18 events, parks, and recreational services, encour19 aging community service and leadership, and 

20 planning for entry and success in institutions of 

21 higher education and careers; 

22 ‘‘(C) monitoring their child’s school attend23 ance, homework, course completion, academic 

24 achievement, and progress toward college and 

25 career readiness; and 


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1 ‘‘(D) participating, as appropriate, in deci2 sions relating to school improvement, decisions 

3 regarding the education of their children, and 

4 positive use of out-of-school time; and 

5 ‘‘(4) address the importance of communication 

6 between teachers, parents, and family members on 

7 an ongoing basis through, at a minimum— 

8 ‘‘(A) regular parent-teacher conferences; 

9 ‘‘(B) frequent reports to family members 

10 on— 

11 ‘‘(i) their children’s progress; and 

12 ‘‘(ii) opportunities to be involved at 

13 school, including opportunities to support 

14 school improvement; and 

15 ‘‘(C) providing parents and family mem16 bers with— 

17 ‘‘(i) reasonable access to staff; 

18 ‘‘(ii) opportunities to volunteer and 

19 participate at school; and 

20 ‘‘(iii) as appropriate, observation of 

21 classroom activities and school-based ac22 tivities; and 

23 ‘‘(D) to the extent practicable, providing 

24 information required under this section, and 

25 conducting any consultations required under 


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1 this section, in a language that parents can un2 derstand; and 

3 ‘‘(5) describe the process through which school 

4 personnel communicate effectively with parents and 

5 family members and ensure that other community 

6 stakeholders are engaged, as appropriate, in sup7 porting school improvement. 

8 ‘‘(f) ACCESSIBILITY.—In carrying out the parent and 

9 family engagement requirements of this part, local edu10 cational agencies and schools, to the greatest extent prac11 ticable, shall provide opportunities for the full and in12 formed participation of parents and family members (in13 cluding parents and family members with disabilities), in14 cluding providing information and school reports in a for15 mat and, to the greatest extent practicable, in a language 

16 such parents can understand.’’. 

17 SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARA18 PROFESSIONALS. 

19 Section 1119 (20 U.S.C. 6319) is amended— 

20 (1) by striking subsections (a) and (b) and in21 serting the following: 

22 ‘‘(a) TEACHER QUALIFICATIONS.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), each local educational agency receiving 

25 assistance under this part shall ensure that all 


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1 teachers teaching a core academic subject in a pro2 gram supported with funds under this part are high3 ly qualified teachers. 

4 ‘‘(2) EXCEPTION.—Each local educational 

5 agency located in a State in which the State has 

6 fully implemented a teacher and principal evaluation 

7 system that is consistent with section 2301(b)(4) 

8 shall only be required to comply with the require9 ments under paragraph (1) as they relate to new 

10 teachers. 

11 ‘‘(3) SPECIAL RULE FOR SMALL, RURAL, OR RE12 MOTE SCHOOLS.—In the case of a local educational 

13 agency that is unable to provide a highly qualified 

14 teacher to serve as an on-site classroom teacher for 

15 a core academic subject in a small, rural, or remote 

16 school, the local educational agency may meet the 

17 requirements of this section by using distance learn18 ing to provide such instruction by a teacher who is 

19 a highly qualified teacher for purposes of the core 

20 academic subject, as long as— 

21 ‘‘(A) the teacher who is a highly qualified 

22 teacher in the core academic subject— 

23 ‘‘(i) is responsible for providing at 

24 least 50 percent of the direct instruction in 


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1 the core academic subject through distance 

2 learning; 

3 ‘‘(ii) is responsible for monitoring stu4 dent progress; and 

5 ‘‘(iii) is the teacher who assigns the 

6 students their grades; and 

7 ‘‘(B) an on-site teacher who is a highly 

8 qualified teacher for a subject other the core 

9 academic subject taught through distance learn10 ing is present in the classroom throughout the 

11 period of distance learning and provides sup12 porting instruction and assistance to the stu13 dents. 

14 ‘‘(b) QUALIFICATIONS FOR AMERICAN INDIAN, ALAS15 KA NATIVE, OR NATIVE HAWAIIAN LANGUAGE, CULTURE, 

16 OR HISTORY TEACHERS.— 

17 ‘‘(1) LANGUAGE OR CULTURE.— 

18 ‘‘(A) IN GENERAL.—Notwithstanding any 

19 other provision of law, the requirements of sub20 section (a) on local educational agencies with 

21 respect to highly qualified teachers shall not 

22 apply to a teacher of American Indian, Alaska 

23 Native, or Native Hawaiian language or cul24 ture, whether the teacher is teaching on a per25 manent, part-time, or occasional basis. 


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1 ‘‘(B) COMPETENCY.—A State may require 

2 that a local tribe or tribal organization, as de3 fined in section 4 of the Indian Self-Determina4 tion and Education Assistance Act (25 U.S.C. 

5 450b), verify the competency of a public school 

6 teacher of American Indian, Alaska Native, or 

7 Native Hawaiian language or culture to teach 

8 such subject, to the chief administrative officer 

9 of the local educational agency or the chief 

10 State school officer. 

11 ‘‘(2) HISTORY.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding any 

13 other provision of law, the requirements of sub14 section (a) on local educational agencies with 

15 respect to highly qualified teachers, shall not 

16 apply to a teacher who is a Native elder or 

17 other authority on American Indian, Alaska 

18 Native, or Native Hawaiian history and who 

19 provides instruction in such subject, whether on 

20 a part-time or occasional basis. 

21 ‘‘(B) COMPETENCY.—A State may require 

22 that a local tribe or tribal organization, as de23 fined in section 4 of the Indian Self-Determina24 tion and Education Assistance Act (25 U.S.C. 

25 450b), verify the competency of the instructor 


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1 described in subparagraph (A) of American In2 dian, Alaska Native, or Native Hawaiian his3 tory to teach such subject, to the chief adminis4 trative officer of the local educational agency or 

5 the chief State school officer.’’; 

6 (2) in subsection (c)(1), by striking ‘‘hired after 

7 the date of enactment of the No Child Left Behind 

8 Act of 2001 and’’; 

9 (3) by striking subsections (d) and (l); 

10 (4) by redesignating subsections (e), (f), (g), 

11 (h), (i), (j), and (k), as subsections (d), (e), (f), (g), 

12 (h), (i), and (j), respectively; 

13 (5) in subsection (d), as redesignated by para14 graph (4), by striking ‘‘Subsections (c) and (d)’’ and 

15 inserting ‘‘Subsection (c)’’; and 

16 (6) by striking subsection (i), as redesignated 

17 by paragraph (4), and inserting the following: 

18 ‘‘(i) SPECIAL RULE.—A State educational agency 

19 may not require a school or a local educational agency to 

20 expend a specific amount of funds for professional devel21 opment activities under this part.’’. 

22 SEC. 1120. TECHNICAL CORRECTION REGARDING COM23 PLAINT PROCESS FOR SECTION 1120. 

24 Section 1120(c)(2) (20 U.S.C. 6320(c)(2)) is amend25 ed by striking ‘‘9505’’ and inserting ‘‘9503’’. 


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1 SEC. 1121. COMPARABILITY OF SERVICES. 

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

3 (1) in subsection (a), by striking ‘‘involved’’; 

4 and 

5 (2) by striking subsection (c) and inserting the 

6 following: 

7 ‘‘(c) COMPARABILITY.— 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) COMPARABILITY.—Beginning for the 

10 2015–2016 school year, a local educational 

11 agency may receive funds under this part only 

12 if the local educational agency demonstrates to 

13 the State educational agency that the combined 

14 State and local per-pupil expenditures (includ15 ing actual personnel and actual non-personnel 

16 expenditures) in each school served under this 

17 part, in the most recent year for which such 

18 data were available, are not less than the aver19 age combined State and local per-pupil expendi20 tures for those schools that are not served 

21 under this part. 

22 ‘‘(B) ALTERNATIVE COMPARABILITY.—If 

23 the local educational agency is serving all of the 

24 schools under its jurisdiction under this part, 

25 the agency shall demonstrate to the State edu26 cational agency that the average combined 


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1 State and local per-pupil expenditures (includ2 ing actual personnel and actual non-personnel 

3 expenditures) for its high-poverty schools, in 

4 the most recent year for which such data are 

5 available, were not less than the average com6 bined State and local per-pupil expenditures for 

7 its low-poverty schools. 

8 ‘‘(C) BASIS.—A local educational agency 

9 may meet the requirements of subparagraphs 

10 (A) and (B) on a local educational agency-wide 

11 basis or a grade-span by grade-span basis. 

12 ‘‘(D) EXCLUSION OF FUNDS.— 

13 ‘‘(i) IN GENERAL.—For the purpose 

14 of complying with this paragraph, a local 

15 educational agency shall exclude any State 

16 or local funds expended in any school for— 

17 ‘‘(I) excess costs of providing 

18 services to English learners; 

19 ‘‘(II) excess costs of providing 

20 services to children with disabilities; 

21 ‘‘(III) capital expenditures; and 

22 ‘‘(IV) such other expenditures as 

23 the Secretary determines appropriate. 

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1 cational agency need not include unpredict2 able changes in student enrollment or per3 sonnel assignments that occur after the be4 ginning of a school year in determining 

5 compliance under this subsection. 

6 ‘‘(2) DOCUMENTATION.—A local educational 

7 agency shall demonstrate that it is meeting the re8 quirements of paragraph (1) by submitting to the 

9 State educational agency the per-pupil expenditures, 

10 personnel expenditures, non-personnel expenditures, 

11 and total expenditures for each school served by the 

12 local educational agency. 

13 ‘‘(3) INAPPLICABILITY.—This subsection shall 

14 not apply to a local educational agency that does not 

15 have more than 1 building for each grade span. 

16 ‘‘(4) PROCESS AND PROCEDURES.— 

17 ‘‘(A) LOCAL EDUCATIONAL AGENCY RE18 SPONSIBILITIES.—Each local educational agen19 cy assisted under this part shall, by October 31, 

20 2016, report to the State educational agency on 

21 its compliance with the requirements of this 

22 subsection for the preceding school year, includ23 ing a listing, by school, of actual combined per24 pupil State and local personnel and non-per25 sonnel expenditures. 


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1 ‘‘(B) STATE EDUCATIONAL AGENCY RE2 SPONSIBILITIES.—Each State educational agen3 cy assisted under this part shall ensure that 

4 such information is made publicly available by 

5 the State or the local educational agency, in6 cluding the school by school listing described in 

7 subparagraph (A). 

8 ‘‘(C) PLAN.—A local educational agency 

9 that does not meet the requirements of this 

10 subsection in any year shall develop and imple11 ment a plan to ensure compliance for the subse12 quent school year and may be required by the 

13 State educational agency to report on its 

14 progress in implementing such plan. 

15 ‘‘(5) TRANSITION PROVISIONS.— 

16 ‘‘(A) SCHOOL YEARS PRECEDING THE 2015- 

17 2016 SCHOOL YEAR.—For school years pre18 ceding the 2015-2016 school year, a local edu19 cational agency may receive funds under this 

20 part only if the local educational agency dem21 onstrates to the State educational agency that 

22 the local educational agency meets the require23 ments of this subsection, as in effect on the day 

24 before the date of enactment of the Elementary 


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1 and Secondary Education Reauthorization Act 

2 of 2011. 

3 ‘‘(B) TRANSITION BETWEEN REQUIRE4 MENTS.—The Secretary shall take such steps as 

5 are necessary to provide for the orderly transi6 tion between the requirements under this sec7 tion, as in effect on the day before the date of 

8 enactment of the Elementary and Secondary 

9 Education Reauthorization Act of 2011, and 

10 the new requirements under this section, as 

11 amended by such Act. 

12 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in 

13 this subsection shall be construed to require a local 

14 educational agency to transfer school personnel in 

15 order to comply with this subsection.’’. 

16 SEC. 1122. COORDINATION REQUIREMENTS. 

17 Section 1120B (20 U.S.C. 6322) is amended to read 

18 as follows: 

19 ‘‘SEC. 1120B. COORDINATION REQUIREMENTS. 

20 ‘‘(a) IN GENERAL.—Each local educational agency 

21 receiving assistance under this part shall carry out the ac22 tivities described in subsection (b) with Head Start agen23 cies (consistent with section 642(e)(5) of the Head Start 

24 Act (42 U.S.C. 9801(e)(5)), providers of services under 

25 part C of the Individuals with Disabilities Education Act, 


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1 programs carried out under section 619 of such Act, and, 

2 if feasible, other entities carrying out early childhood edu3 cation and care programs and services. 

4 ‘‘(b) ACTIVITIES.—The activities and services re5 ferred to in subsection (a) include— 

6 ‘‘(1) developing and implementing a systematic 

7 procedure for transferring, with parental consent, 

8 early childhood education and care program records 

9 for each participating child to the school in which 

10 such child will enroll; 

11 ‘‘(2) establishing ongoing communication be12 tween early childhood education and care program 

13 staff and their counterparts in the schools (including 

14 teachers, principals, social workers, local educational 

15 agency liaisons designated under section 

16 722(g)(1)(J)(ii) of the McKinney-Vento Homeless 

17 Assistance Act, and health staff) to facilitate the co18 ordination and alignment of programs; 

19 ‘‘(3) establishing ongoing communications be20 tween the early childhood education and care pro21 gram and the local educational agency for developing 

22 continuity of developmentally appropriate instruc23 tional programs and shared expectations for chil24 dren’s learning and development as children transi25 tion to school; 


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1 ‘‘(4) organizing and participating in joint train2 ing, including transition-related training for school 

3 staff and early childhood education and care pro4 grams; 

5 ‘‘(5) establishing comprehensive transition poli6 cies and procedures that support the school readi7 ness of children transitioning to school; 

8 ‘‘(6) conducting outreach to parents, families, 

9 and elementary school teachers to discuss the edu10 cational, developmental, and other needs of children 

11 entering school; 

12 ‘‘(7) helping parents of children who are 

13 English learners understand— 

14 ‘‘(A) the instructional and other services 

15 provided by the school in which such child will 

16 enroll after participation in a Head Start pro17 gram or other Federal early childhood care and 

18 education program; and 

19 ‘‘(B) as appropriate, the information pro20 vided to parents of English learners under sec21 tion 3202; 

22 ‘‘(8) helping parents understand the instruc23 tional and other services provided by the school in 

24 which their child will enroll after participation in a 


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1 Head Start program or other Federal early child2 hood care and education program; and 

3 ‘‘(9) developing and implementing a system to 

4 increase program participation of underserved popu5 lations of eligible children, especially children eligible 

6 for a free or reduced price lunch under the Richard 

7 B. Russell National School Lunch Act (42 U.S.C. 

8 1751 et seq.), parents of children who are English 

9 learners, and parents of children with disabilities.’’. 

10 SEC. 1123. GRANTS FOR THE OUTLYING AREAS AND THE 

11 SECRETARY OF THE INTERIOR. 

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

13 (1) in subsection (a), by striking ‘‘section 

14 1002(a) and 1125A(f)’’ and inserting ‘‘paragraphs 

15 (1) and (3) of section 3(a)’’; 

16 (2) in subsection (b)(3)— 

17 (A) in subparagraph (A), by striking ‘‘and 

18 freely associated States’’; and 

19 (B) in subparagraph (C)(ii), by striking 

20 ‘‘challenging State academic content standards’’ 

21 and inserting ‘‘college and career ready State 

22 academic content standards under section 

23 1111(a)(1)’’; and 

24 (3) by striking subsection (c) and inserting the 

25 following: 


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1 ‘‘(c) DEFINITION OF OUTLYING AREA.—As used in 

2 subsections (a) and (b), the term ‘outlying area’ has the 

3 meaning given that term in subparagraphs (A) and (B) 

4 of section 9101(42).’’. 

5 SEC. 1124. ALLOCATIONS TO STATES. 

6 Section 1122(a) (20 U.S.C. 6332(a)) is amended by 

7 striking ‘‘section 1002(a) to carry out this part for each 

8 of fiscal years 2002–2007’’ and inserting ‘‘section 3(a)(1) 

9 to carry out this part for each of fiscal years 2012–2017’’. 

10 SEC. 1125. EDUCATION FINANCE INCENTIVE GRANT PRO11 GRAM. 

12 Section 1125A (20 U.S.C. 6337) is amended— 

13 (1) in subsection (a), by striking ‘‘subsection 

14 (f)’’ and inserting ‘‘section 3(a)(3),’’; 

15 (2) in subsection (b)(1)(A), by striking ‘‘sub16 section (f)’’ and inserting ‘‘section 3(a)(3)’’; 

17 (3) by striking subsection (f); and 

18 (4) by redesignating subsection (g) as sub19 section (f). 

20 SEC. 1126. GRANTS FOR STATE ASSESSMENTS AND RE21 LATED ACTIVITIES. 

22 Part A of title I (20 U.S.C. 6301 et seq.) is amended 

23 by adding at the end the following: 


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1 ‘‘Subpart 3—Grants for State Assessments and 

2 Related Activities 

3 ‘‘SEC. 1131. GRANTS FOR STATE ASSESSMENTS AND RE4 LATED ACTIVITIES. 

5 ‘‘(a) GRANTS FOR STATE ASSESSMENTS.—From 

6 amounts made available under subsection (c)(1) to carry 

7 out this subsection, the Secretary shall make grants to 

8 States— 

9 ‘‘(1) to enable States to pay the costs of devel10 oping, improving, or administering State assess11 ments and standards consistent with section 

12 1111(a), which may include the cost of working in 

13 voluntary partnerships with other States, at the sole 

14 discretion of each such State; and 

15 ‘‘(2) in the case of States that have developed 

16 the assessments and standards consistent with the 

17 requirements of section 1111(a), to enable each such 

18 State— 

19 ‘‘(A) to administer such assessments; or 

20 ‘‘(B) to carry out other activities described 

21 in this section, which may include— 

22 ‘‘(i) developing college and career 

23 ready State academic content and student 

24 academic achievement standards and 

25 aligned assessments in academic subjects 


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1 for which standards and assessments are 

2 not required under section 1111(a); 

3 ‘‘(ii) developing or improving assess4 ments of English language proficiency nec5 essary to comply with section 

6 1111(a)(2)(D); 

7 ‘‘(iii) developing multiple measures of 

8 student academic achievement, including 

9 measures that assess higher-order thinking 

10 skills and understanding, to increase the 

11 reliability and validity of State assessment 

12 systems; 

13 ‘‘(iv) developing, enhancing, or admin14 istering, in publicly funded early childhood 

15 care and education programs and elemen16 tary schools, early learning assessments 

17 (including accommodations to provide ac18 cess for young children with disabilities) to 

19 improve instruction for young children; 

20 ‘‘(v) strengthening the capacity of 

21 local educational agencies and schools to 

22 provide all students with the opportunity 

23 to increase educational achievement, in24 cluding carrying out professional develop25 ment activities aligned with State student 


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1 academic achievement standards and as2 sessments; 

3 ‘‘(vi) expanding the range, and im4 proving the quality, of accommodations 

5 available to English learners and students 

6 with disabilities to improve the use of such 

7 accommodations, including professional de8 velopment activities; 

9 ‘‘(vii) improving the dissemination of 

10 information about student achievement and 

11 school performance to parents and fami12 lies, including the development of informa13 tion and reporting systems designed to— 

14 ‘‘(I) identify best educational 

15 practices based on scientifically valid 

16 research; or 

17 ‘‘(II) assist in linking records of 

18 student achievement, length of enroll19 ment, and graduation over time; 

20 ‘‘(viii) providing instructional sup21 ports, which may include formative assess22 ments; 

23 ‘‘(ix) developing computer adaptive as24 sessments that meet the requirements of 

25 section 1111(a); and 


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1 ‘‘(x) developing alternate assessments, 

2 as described in section 1111(a)(2)(E), 

3 aligned to alternate achievement standards. 

4 ‘‘(b) GRANTS FOR ENHANCED ASSESSMENT SYS5 TEMS.— 

6 ‘‘(1) GRANT PROGRAM AUTHORIZED.—From 

7 amounts made available under subsection (c)(2) to 

8 carry out this subsection, the Secretary shall award, 

9 on a competitive basis, grants to State educational 

10 agencies to enable the State educational agencies to 

11 carry out the activities described in paragraph (3). 

12 ‘‘(2) APPLICATION.—Each State educational 

13 agency desiring to receive a grant under this section 

14 shall submit an application to the Secretary at such 

15 time, in such manner, and accompanied by such in16 formation as the Secretary may require. 

17 ‘‘(3) AUTHORIZED ACTIVITIES.—Each State 

18 educational agency that receives a grant under this 

19 section shall use the grant funds to— 

20 ‘‘(A) enable States, or a consortia of 

21 States, to collaborate with institutions of higher 

22 education or other organizations or agencies to 

23 improve the quality, validity, and reliability of 

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1 ments for such assessments described in section 

2 1111(a)(2); 

3 ‘‘(B) measure student academic achieve4 ment using multiple measures of student aca5 demic achievement from multiple sources, in6 cluding measures that assess higher-order 

7 thinking skills and understanding; 

8 ‘‘(C) chart student progress over time; or 

9 ‘‘(D) evaluate student academic achieve10 ment through the development of comprehensive 

11 academic assessment instruments. 

12 ‘‘(c) ALLOTMENT OF APPROPRIATED FUNDS.— 

13 ‘‘(1) IN GENERAL.—For each fiscal year, the 

14 Secretary shall use the amount of funds made avail15 able for this section for such year or $400,000,000 

16 of such funds, whichever is less, to— 

17 ‘‘(A) reserve one-half of 1 percent for the 

18 Bureau of Indian Affairs; 

19 ‘‘(B) reserve one-half of 1 percent for the 

20 outlying areas; and 

21 ‘‘(C) from the amounts remaining after the 

22 application of subparagraphs (A) and (B), allo23 cate to each State, for the purposes of carrying 

24 out the activities under subsection (a), an 

25 amount equal to— 


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1 ‘‘(i) $3,000,000; and 

2 ‘‘(ii) with respect to any amounts re3 maining after the allocation is made under 

4 clause (i), an amount that bears the same 

5 relationship to such total remaining 

6 amounts as the number of students ages 5 

7 through 17 in the State (as determined by 

8 the Secretary on the basis of the most re9 cent satisfactory data) bears to the total 

10 number of such students in all States. 

11 ‘‘(2) REMAINDER.—Any amounts remaining for 

12 a fiscal year after the Secretary carries out para13 graph (1) shall be made available to award funds 

14 under subsection (b) to States according to the qual15 ity, needs, and scope of the State application under 

16 this section. In determining the grant amount, the 

17 Secretary shall ensure that a State’s grant shall in18 clude an amount that bears the same relationship to 

19 the total funds available under this paragraph for 

20 the fiscal year as the number of students ages 5 

21 through 17 in the State (as determined by the Sec22 retary on the basis of the most recent satisfactory 

23 data) bears to the total number of such students in 

24 all States. 


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1 ‘‘(3) DEFINITION OF STATE.—In this section, 

2 the term ‘State’ means each of the 50 States, the 

3 District of Columbia, and the Commonwealth of 

4 Puerto Rico.’’. 

5 PART B—PATHWAYS TO COLLEGE 

6 SEC. 1201. IMPROVING SECONDARY SCHOOLS. 

7 Part B of title I (20 U.S.C. 6361 et seq.) is amend8 ed— 

9 (1) by striking the part heading and inserting 

10 the following: 

11 ‘‘PART B—PATHWAYS TO COLLEGE’’; 

12 and 

13 (2) by striking subpart 1 and inserting the fol14 lowing: 

15 ‘‘Subpart 1—Improving Secondary Schools 

16 ‘‘SEC. 1201. SECONDARY SCHOOL REFORM. 

17 ‘‘(a) PURPOSES.—The purposes of this section are to 

18 ensure students graduate from secondary school on track 

19 to college and career readiness and to increase graduation 

20 rates by providing grants to eligible entities to provide 

21 schools with the necessary resources to implement innova22 tive and effective secondary school reform strategies. 

23 ‘‘(b) DEFINITIONS.—In this section: 

24 ‘‘(1) COMPETENCY-BASED LEARNING MODEL.— 

25 The term ‘competency-based learning model’ means 


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1 an education model in which educators use explicit 

2 measurable learning objectives to assist students to 

3 advance upon mastery of the objectives as deter4 mined through relevant assessments. 

5 ‘‘(2) EFFECTIVE SECONDARY SCHOOL REFORM

6 STRATEGIES.—The term ‘effective secondary school 

7 reform strategies’ means a set of programs, inter8 ventions, and activities with demonstrated effective9 ness in improving the academic achievement of 

10 struggling students or dropouts. 

11 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en12 tity’ means a high-need local educational agency in 

13 partnership with 1 or more external partners. 

14 ‘‘(4) ELIGIBLE SECONDARY SCHOOL.—The 

15 term ‘eligible secondary school’ means a high school 

16 that— 

17 ‘‘(A) is eligible for funds under part A; 

18 ‘‘(B) has a graduation rate below 75 per19 cent; 

20 ‘‘(C) does not receive grant funds under 

21 section 1116(d); and 

22 ‘‘(D) is identified as low performing based 

23 on the State’s accountability system. 

24 ‘‘(5) EXTERNAL PARTNER.—The term ‘external 

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1 zation, public or private nonprofit institution of 

2 higher education, or nonprofit charter management 

3 organization, with a demonstrated record of success4 ful secondary school reform. 

5 ‘‘(6) FEEDER MIDDLE SCHOOL.—The term 

6 ‘feeder middle school’ means an elementary school or 

7 secondary school from which a majority of students 

8 go on to attend an eligible secondary school. 

9 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

10 the Secretary of Education. 

11 ‘‘(8) STRUGGLING STUDENT.—The term ‘strug12 gling student’ means a student who is at an in13 creased risk for low academic achievement and is 

14 unlikely to graduate secondary school on track to 

15 college and career readiness. 

16 ‘‘(c) GRANTS AUTHORIZED.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) RESERVATION.—From the total 

19 amount of funds appropriated to carry out this 

20 section for a fiscal year, the Secretary may re21 serve not more than 2.5 percent for national ac22 tivities, which the Secretary shall use for tech23 nical assistance, data collection and dissemina24 tion, and reporting activities. 


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1 ‘‘(B) GRANTS.—From the total amount of 

2 funds appropriated to carry out this section for 

3 a fiscal year and not reserved under subpara4 graph (A), the Secretary shall award grants, on 

5 a competitive basis, to eligible entities, based on 

6 the quality of the applications submitted, of 

7 which— 

8 ‘‘(i) not more than 25 percent of 

9 grant funds shall be used for activities de10 scribed in subsection (e)(1); and 

11 ‘‘(ii) not less than 75 percent of grant 

12 funds shall be used for activities described 

13 in paragraphs (2) and (3) of subsection (e) 

14 and subsection (f). 

15 ‘‘(2) GRANT DURATION.—Grants awarded 

16 under this section shall be for a period of 5 years, 

17 conditional after 3 years on satisfactory progress on 

18 the performance indicators described in subsection 

19 (d)(2)(E), as determined by the Secretary. 

20 ‘‘(3) ANNUAL REPORT.—Each eligible entity 

21 that receives a grant under this section shall submit 

22 to the Secretary an annual report including data on 

23 the entity’s progress on the performance indicators 

24 described in subsection (d)(2)(E). 

25 ‘‘(d) APPLICATION.— 


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1 ‘‘(1) IN GENERAL.—An eligible entity that de2 sires a grant under this section shall submit an ap3 plication to the Secretary at such time, in such man4 ner, and containing such information as the Sec5 retary may reasonably require. 

6 ‘‘(2) CONTENTS.—Each application submitted 

7 under paragraph (1) shall include, at a minimum, a 

8 description of the following: 

9 ‘‘(A) How the eligible entity will use funds 

10 awarded under this section to carry out the ac11 tivities described in subsection (e)(1). 

12 ‘‘(B) The external partner’s capacity and 

13 record of success in secondary school reform 

14 and how the eligible entity will sustain the ac15 tivities proposed, including the availability of 

16 funds from non-Federal sources and coordina17 tion with other Federal, State, and local funds. 

18 ‘‘(C) How the eligible entity conducted a 

19 comprehensive needs analysis and capacity as20 sessment of the eligible secondary schools 

21 served by the eligible entity to identify sec22 ondary schools proposed to be served by the 

23 grant. The needs analysis and capacity assess24 ment shall include the following: 


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1 ‘‘(i) An examination of each secondary 

2 school’s data in the aggregate, and 

3 disaggregated by each of the subgroups of 

4 students described in section 

5 1111(a)(2)(B)(ix), on the following: 

6 ‘‘(I) Graduation rates and char7 acteristics of those students who are 

8 not graduating, including such stu9 dents’ attendance, behavior, expulsion 

10 rates, suspension rates, course per11 formance, and credit accumulation 

12 rates. 

13 ‘‘(II) Rates of dropout recovery 

14 (re-entry). 

15 ‘‘(III) Rates of enrollment and 

16 remediation in institutions of higher 

17 education, in accordance with section 

18 1111(d)(3)(B)(viii). 

19 ‘‘(IV) The percentage of students 

20 who are 2 or more years over-aged or 

21 under-credited for their grade level. 

22 ‘‘(ii) An examination of each eligible 

23 secondary school and feeder middle 

24 school’s data in the aggregate, and 

25 disaggregated by each of the subgroups of 


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1 students described in section 

2 1111(a)(2)(B)(ix), as applicable, on the 

3 following: 

4 ‘‘(I) Student academic achieve5 ment, including the percentage of stu6 dents who have on-time credit accu7 mulation at the end of each grade and 

8 the percent of students failing a core, 

9 credit-bearing, reading or language 

10 arts, science, or mathematics course, 

11 or failing 2 or more of any courses. 

12 ‘‘(II) Percentage of students who 

13 have an attendance rate lower than 90 

14 percent. 

15 ‘‘(III) Annual rates of expulsions, 

16 suspensions, school violence, harass17 ment, and bullying, as defined under 

18 State or local laws or policies. 

19 ‘‘(IV) Annual, average credit ac20 cumulation. 

21 ‘‘(V) Annual, average attendance 

22 rates. 

23 ‘‘(VI) Annual rates of students 

24 who move in and out of the school 

25 within a school year 


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1 ‘‘(VII) Curriculum alignment 

2 with college and career ready stand3 ards across all grade levels. 

4 ‘‘(VIII) Support services to ad5 dress the nonacademic barriers that 

6 impact student achievement. 

7 ‘‘(IX) The number and percent8 age of students who do not transition 

9 from grade 8 to grade 9 and who have 

10 not transferred to and enrolled in a 

11 school outside of the local educational 

12 agency within the State. 

13 ‘‘(iii) An examination, including a de14 scription, of each eligible secondary 

15 school’s capacity to implement the school 

16 reform activities under subsection (e)(3), 

17 including— 

18 ‘‘(I) the capacity and experience 

19 levels of administrative, instructional, 

20 and noninstructional staff; and 

21 ‘‘(II) the budget, including how 

22 Federal, State, and local funds are 

23 being spent (as of the time of the as24 sessment) and can be better spent; 

25 and 


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1 ‘‘(III) the technical assistance, 

2 additional resources, and staff nec3 essary to implement the activities 

4 identified in subsection (e). 

5 ‘‘(iv) An assessment of the external 

6 partner capacity to provide technical as7 sistance and resources to implement the 

8 activities described in subsection (e). 

9 ‘‘(D) The strategies chosen to be imple10 mented at the eligible secondary schools, includ11 ing a rationale for reform strategies, as de12 scribed in subsection (e)(3)(F), selected for 

13 each of the eligible secondary schools, including 

14 how the chosen strategy will most effectively ad15 dress the needs identified through the needs 

16 analysis. 

17 ‘‘(E) The performance indicators and tar18 gets the eligible entity will use to assess the ef19 fectiveness of the activities implemented under 

20 this section including— 

21 ‘‘(i) graduation rates; 

22 ‘‘(ii) dropout recovery (re-entry) rates; 

23 ‘‘(iii) percentage of students with less 

24 than a 90 percent attendance rate; 


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1 ‘‘(iv) percentage of students who have 

2 on-time credit accumulation at the end of 

3 each grade and the percentage of students 

4 failing a core subject course; 

5 ‘‘(v) rates of expulsions, suspensions, 

6 school violence, harassment, and bullying, 

7 as defined under State or local laws or 

8 policies; 

9 ‘‘(vi) annual, average attendance 

10 rates; 

11 ‘‘(vii) annual rates of student mobil12 ity; 

13 ‘‘(viii) college remediation, enrollment, 

14 persistence, and completion rates; and 

15 ‘‘(ix) percentage of students success16 fully— 

17 ‘‘(I) completing Advanced Place18 ment or International Baccalaureate 

19 courses; 

20 ‘‘(II) completing rigorous post21 secondary education courses while at22 tending a secondary school; or 

23 ‘‘(III) enrolling in and com24 pleting, career and technical edu25 cation, as defined in section 3 of the 


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1 Carl D. Perkins Career and Technical 

2 Education Act of 2006, and registered 

3 apprenticeship programs, as defined 

4 in section 173A(b) of the Workforce 

5 Investment Act of 1998. 

6 ‘‘(e) REQUIRED USES OF FUNDS.— 

7 ‘‘(1) IN GENERAL.—An eligible entity that re8 ceives a grant under this section shall use the grant 

9 funds to— 

10 ‘‘(A) implement an early warning indicator 

11 system to help high schools, and their feeder 

12 middle schools, served by the eligible entity’s 

13 local educational agency, to identify struggling 

14 students and create a system of evidence-based 

15 interventions, by— 

16 ‘‘(i) identifying and analyzing indica17 tors that most reliably predict dropping 

18 out of secondary school; 

19 ‘‘(ii) analyzing the distribution of 

20 struggling students in secondary schools 

21 across all grades; 

22 ‘‘(iii) analyzing student progress and 

23 performance on the indicators identified 

24 under clause (i); 


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1 ‘‘(iv) analyzing academic indicators to 

2 determine— 

3 ‘‘(I) whether students will grad4 uate on track to college and career 

5 readiness; and 

6 ‘‘(II) which students are 2 or 

7 more years over-aged or under-cred8 ited for on-time secondary school 

9 graduation; 

10 ‘‘(v) analyzing student data to assist 

11 students in grade and school transitions; 

12 and 

13 ‘‘(vi) developing a mechanism for reg14 ularly collecting, reporting, and making ac15 cessible to each school served by the eligi16 ble entity for each such school’s students— 

17 ‘‘(I) student-level data on the in18 dicators identified under clause (i); 

19 ‘‘(II) student-level progress and 

20 performance, as described in clause 

21 (iii); 

22 ‘‘(III) student-level data on the 

23 indicators described in clause (iv); and 


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1 ‘‘(IV) information about the im2 pact of interventions on student out3 comes and progress; 

4 ‘‘(B) provide support and credit recovery 

5 opportunities for struggling students, including 

6 those who are over-aged and under-credited, at 

7 secondary schools served by the eligible entity 

8 by offering activities, such as— 

9 ‘‘(i) a flexible school schedule; 

10 ‘‘(ii) competency-based learning mod11 els and performance-based assessments; 

12 and 

13 ‘‘(iii) the provision of support services; 

14 ‘‘(C) provide dropout recovery or re-entry 

15 programs to secondary schools that are de16 signed to encourage and support dropouts re17 turning to an educational system, program, or 

18 institution following an extended absence in 

19 order to graduate on track to college and career 

20 readiness; 

21 ‘‘(D) provide evidence-based grade and 

22 school transition programs and supports, in23 cluding through curricula alignment; and 

24 ‘‘(E) provide school leaders, instructional 

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1 lies with high-quality, easily accessible informa2 tion about— 

3 ‘‘(i) secondary school graduation re4 quirements; 

5 ‘‘(ii) postsecondary education applica6 tion processes; 

7 ‘‘(iii) postsecondary admissions proc8 esses and requirements, including public fi9 nancial aid and other available private 

10 scholarship and grant aid opportunities; 

11 and 

12 ‘‘(iv) other programs and services for 

13 increasing rates of college access and suc14 cess for students from low-income families. 

15 ‘‘(2) REQUIRED USE OF FUNDS IN FEEDER

16 MIDDLE SCHOOLS.—An eligible entity that receives a 

17 grant under this section shall use the grant funds in 

18 feeder middle schools to improve the academic 

19 achievement of their students and prepare them to 

20 graduate on track to college and career readiness 

21 by— 

22 ‘‘(A) using early warning indicator and 

23 intervention systems described in paragraph 

24 (1)(A); 


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1 ‘‘(B) creating a personalized learning envi2 ronment; 

3 ‘‘(C) providing high-quality professional 

4 development opportunities to school leaders, 

5 teachers, and other school staff to prepare staff 

6 to— 

7 ‘‘(i) address the academic challenges 

8 of students in middle grades; 

9 ‘‘(ii) understand the developmental 

10 needs of students in the middle grades and 

11 how to address them in an educational set12 ting; 

13 ‘‘(iii) implement data-driven interven14 tions; and 

15 ‘‘(iv) provide academic guidance to 

16 students so that students can graduate on 

17 track to college and career readiness; and 

18 ‘‘(D) implementing organizational practices 

19 and school schedules that allow for collaborative 

20 staff participation, team teaching, and common 

21 instructional planning time. 

22 ‘‘(3) REQUIRED USE OF FUNDS IN ELIGIBLE

23 SECONDARY SCHOOLS.—An eligible entity that re24 ceives a grant under this section shall use the grant 


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1 funds in eligible secondary schools to implement a 

2 comprehensive approach that will— 

3 ‘‘(A) personalize the school experience by 

4 taking steps such as— 

5 ‘‘(i) creating opportunities for strug6 gling students to receive personalized in7 struction and opportunities for credit re8 covery; 

9 ‘‘(ii) implementing competency-based 

10 models; and 

11 ‘‘(iii) providing ongoing evaluation of 

12 student academic achievement and the nec13 essary supports so that students graduate 

14 on track to college and career readiness; 

15 ‘‘(B) increase student engagement by pro16 viding service-learning, experiential, work-based, 

17 and other learning opportunities, such as— 

18 ‘‘(i) contextual learning opportunities; 

19 ‘‘(ii) internship opportunities; 

20 ‘‘(iii) community service, learning ap21 prenticeships, and job shadowing; 

22 ‘‘(iv) college campus visits, and post23 secondary and career counseling; and 

24 ‘‘(v) developing an individual gradua25 tion plan for each student that defines 


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1 each student’s career and postsecondary 

2 education goals, and provides the individ3 ualized evidence-based interventions nec4 essary to meet the goals; 

5 ‘‘(C) provide school leaders with autonomy 

6 through a flexible budget and staffing author7 ity; 

8 ‘‘(D) implement high-quality professional 

9 development for teachers and school leaders, 

10 provide increased opportunities for teachers to 

11 work collaboratively, and improve instruction; 

12 ‘‘(E) improve curriculum and instruction, 

13 by— 

14 ‘‘(i) adopting effective, evidence-based 

15 curricula and instructional materials 

16 aligned to high academic standards for all 

17 students; and 

18 ‘‘(ii) increasing rigor through the use 

19 of Advanced Placement or International 

20 Baccalaureate courses; and 

21 ‘‘(F) implement at least 1 of the following 

22 effective secondary school reform strategies to 

23 prepare students for college and a career, and 

24 to improve graduation rates: 


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1 ‘‘(i) Graduation Promise Academies, 

2 which include— 

3 ‘‘(I) 9th grade academies taught 

4 by teams of teachers who work with 

5 small groups of students; 

6 ‘‘(II) Career Academies for upper 

7 grades; 

8 ‘‘(III) extended learning periods, 

9 such as block scheduling, to reduce 

10 the number of students for whom 

11 teachers are responsible and the num12 ber of courses students are taking at 

13 any one time; 

14 ‘‘(IV) an after-hours credit recov15 ery program; 

16 ‘‘(V) curriculum coaches who 

17 provide high-quality professional de18 velopment and support; 

19 ‘‘(VI) partnerships among par20 ents, teachers, administrators, com21 munity-based organizations, and com22 munity members focused on improving 

23 student achievement; and 


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1 ‘‘(VII) a college-going culture, in2 cluding student supports and guid3 ance. 

4 ‘‘(ii) Career Academies, which— 

5 ‘‘(I) establish career pathways by 

6 implementing a college and career 

7 ready curriculum that integrates rig8 orous academics, career and technical 

9 education, and experiential learning 

10 for high school students in high-skill, 

11 high-demand industries in collabora12 tion with local and regional employers; 

13 ‘‘(II) provide counseling to ad14 vance students’ college and career 

15 goals; 

16 ‘‘(III) collaborate with local em17 ployers to develop and provide work18 based experiences for high school stu19 dents; 

20 ‘‘(IV) modernize career-related 

21 equipment utilized by students; and 

22 ‘‘(V) provide dual enrollment op23 portunities with college credit-bearing 

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1 leges or other recognized postsec2 ondary credentials. 

3 ‘‘(iii) Early College Schools, which— 

4 ‘‘(I) partner with 1 or more pub5 lic or nonprofit institutions of higher 

6 education; 

7 ‘‘(II) conduct outreach programs 

8 to ensure that middle school and high 

9 school students and their families are 

10 aware of the Early College Schools; 

11 ‘‘(III) design curricula and se12 quences of courses in collaboration 

13 with teachers from the eligible sec14 ondary school and faculty from the 

15 partner institution of higher education 

16 so that students may simultaneously 

17 earn credits towards a high school di18 ploma and either an associate degree 

19 or transferable postsecondary edu20 cation credits toward a postsecondary 

21 degree at no cost to students or their 

22 families; 

23 ‘‘(IV) coordinate secondary and 

24 postsecondary support services, and 

25 academic calendars to allow students 


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1 to visit and take courses at the insti2 tutions of higher education; and 

3 ‘‘(V) provide academic and sup4 port services, including financial aid 

5 counseling for postsecondary edu6 cation. 

7 ‘‘(f) ALLOWABLE USES OF FUNDS.—An eligible enti8 ty that receives a grant under this section may use grant 

9 funds to— 

10 ‘‘(1) improve parent and family engagement in 

11 the educational attainment and achievement of 

12 struggling students and dropouts to be on track to 

13 college and career readiness by— 

14 ‘‘(A) leveraging community-based services 

15 and opportunities; and 

16 ‘‘(B) providing parents and families with 

17 the necessary information, including data on 

18 their child’s academic achievement and how to 

19 navigate the public school system; 

20 ‘‘(2) provide extended learning opportunities, by 

21 extending the school day, week, or year to increase 

22 the total number of school hours to include addi23 tional time for instruction in academic subjects and 

24 enrichment activities that contribute to a well-round25 ed education; 


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1 ‘‘(3) increase student supports through activi2 ties such as student advisories, school counseling op3 portunities, and one-to-one mentoring; and 

4 ‘‘(4) create smaller learning communities. 

5 ‘‘(g) MATCHING FUNDS.— 

6 ‘‘(1) IN GENERAL.—An eligible entity that re7 ceives a grant under this section shall provide 

8 matching funds, from non-Federal sources, in an 

9 amount equal to not less than 20 percent of the 

10 amount of grant funds awarded in the first 3 years 

11 of the grant, not less than 50 percent of the amount 

12 awarded in the fourth year of the grant, and not less 

13 than 75 percent of the amount awarded in the fifth 

14 year of the grant, as applicable. 

15 ‘‘(2) WAIVER.—The Secretary may waive all or 

16 part of the matching requirement described in para17 graph (1) for a fiscal year for an eligible entity, on 

18 a case-by-case basis, if the Secretary determines that 

19 applying the matching requirement to such eligible 

20 entity would result in serious hardship or an inabil21 ity to carry out the authorized activities described in 

22 subsection (e). 

23 ‘‘(h) SUPPLEMENT NOT SUPPLANT.—An eligible en24 tity shall use Federal funds received under this section 

25 only to supplement the funds that would, in the absence 


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1 of such Federal funds, be made available from other Fed2 eral and non-Federal sources for the activities described 

3 in this section, and not to supplant such funds.’’. 

4 SEC. 1202. ACCELERATED LEARNING. 

5 Subpart 2 of part B of title I (20 U.S.C. 6371 et 

6 seq.) is amended to read as follows: 

7 ‘‘Subpart 2—Accelerated Learning 

8 ‘‘SEC. 1221. PURPOSES. 

9 ‘‘The purposes of this subpart are— 

10 ‘‘(1) to raise student academic achievement 

11 by— 

12 ‘‘(A) increasing the number of teachers 

13 serving high-need schools who are qualified to 

14 teach Advanced Placement or International 

15 Baccalaureate courses; and 

16 ‘‘(B) increasing the number of students at17 tending high-need schools who— 

18 ‘‘(i) enroll and succeed in Advanced 

19 Placement or International Baccalaureate 

20 courses; and 

21 ‘‘(ii) take Advanced Placement or 

22 International Baccalaureate examinations; 

23 ‘‘(2) to increase, and to support statewide and, 

24 as applicable, districtwide, efforts to increase the 

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1 ment or International Baccalaureate courses, and 

2 pre-Advanced Placement or pre-International Bacca3 laureate courses, in high-need schools; and 

4 ‘‘(3) to provide high-quality professional devel5 opment for teachers of Advanced Placement or 

6 International Baccalaureate courses, and pre-Ad7 vanced Placement or pre-International Bacca8 laureate courses, in high-need schools. 

9 ‘‘SEC. 1222. FUNDING DISTRIBUTION RULE. 

10 ‘‘From amounts appropriated to carry out this sub11 part for a fiscal year, the Secretary shall give priority to 

12 funding activities under section 1223 and shall distribute 

13 any remaining funds under section 1224. 

14 ‘‘SEC. 1223. ADVANCED PLACEMENT AND INTERNATIONAL 

15 BACCALAUREATE EXAMINATION FEE PRO16 GRAM. 

17 ‘‘(a) GRANTS AUTHORIZED.—From amounts made 

18 available to carry out this subpart for a fiscal year, the 

19 Secretary shall award grants to State educational agencies 

20 having applications approved under this section to enable 

21 the State educational agencies to pay, on behalf of low22 income students, part or all of the costs of Advanced 

23 Placement or International Baccalaureate examination 

24 fees, if the low-income students— 


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1 ‘‘(1) are enrolled in an Advanced Placement or 

2 International Baccalaureate course; and 

3 ‘‘(2) plan to take an Advanced Placement or 

4 International Baccalaureate examination. 

5 ‘‘(b) AWARD BASIS.—In determining the amount of 

6 the grant awarded to a State educational agency under 

7 this section for a fiscal year, the Secretary shall consider 

8 the number of children eligible to be counted under section 

9 1124(c) in the State in relation to the number of such 

10 children so counted in all States. 

11 ‘‘(c) INFORMATION DISSEMINATION.—A State edu12 cational agency that is awarded a grant under this section 

13 shall make publicly available information regarding the 

14 availability of Advanced Placement or International Bac15 calaureate examination fee payments under this section, 

16 and shall disseminate such information to eligible sec17 ondary school students and parents, including through 

18 secondary school teachers and counselors. 

19 ‘‘(d) APPLICATIONS.—Each State educational agency 

20 desiring to receive a grant under this section shall submit 

21 an application to the Secretary at such time, in such man22 ner, and accompanied by such information as the Sec23 retary may require. At a minimum, each State educational 

24 agency application shall— 


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1 ‘‘(1) describe the Advanced Placement or Inter2 national Baccalaureate examination fees the State 

3 educational agency will pay on behalf of low-income 

4 students in the State from grant funds awarded 

5 under this section; 

6 ‘‘(2) provide an assurance that any grant funds 

7 awarded under this section shall be used only to pay 

8 for Advanced Placement or International Bacca9 laureate examination fees; and 

10 ‘‘(3) contain such information as the Secretary 

11 may require to demonstrate that the State edu12 cational agency will ensure that a student is eligible 

13 for payments authorized under this section, includ14 ing ensuring that the student is a low-income stu15 dent. 

16 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

17 such regulations as are necessary to carry out this section. 

18 ‘‘(f) REPORT.— 

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

20 agency awarded a grant under this section shall, 

21 with respect to each Advanced Placement or Inter22 national Baccalaureate course subject, annually re23 port to the Secretary the following data for the pre24 ceding year: 


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1 ‘‘(A) The number of students in the State 

2 who are taking an Advanced Placement or 

3 International Baccalaureate course in such sub4 ject. 

5 ‘‘(B) The number of Advanced Placement 

6 or International Baccalaureate examinations 

7 taken by students in the State who have taken 

8 an Advanced Placement or International Bacca9 laureate course in such subject. 

10 ‘‘(C) The number of students in the State 

11 scoring at each level on Advanced Placement or 

12 International Baccalaureate examinations in 

13 such subject. 

14 ‘‘(D) Demographic information regarding 

15 students in the State taking Advanced Place16 ment or International Baccalaureate courses 

17 and Advanced Placement or International Bac18 calaureate examinations in that subject, 

19 disaggregated by race, ethnicity, sex, English 

20 proficiency status, and socioeconomic status. 

21 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

22 shall annually compile the information received from 

23 each State educational agency under paragraph (1) 

24 and report to the authorizing committees regarding 

25 the information. 


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1 ‘‘(g) BIA AS SEA.—For purposes of this section, the 

2 Bureau of Indian Affairs shall be treated as a State edu3 cational agency. 

4 ‘‘SEC. 1224. ADVANCED PLACEMENT AND INTERNATIONAL 

5 BACCALAUREATE INCENTIVE PROGRAM 

6 GRANTS. 

7 ‘‘(a) GRANTS AUTHORIZED.— 

8 ‘‘(1) IN GENERAL.—From amounts made avail9 able to carry out this subpart for a fiscal year, the 

10 Secretary shall award grants, on a competitive basis, 

11 to eligible entities to enable such entities to carry 

12 out the authorized activities described in subsection 

13 (e). 

14 ‘‘(2) DURATION, RENEWAL, AND PAYMENTS.— 

15 ‘‘(A) DURATION.—The Secretary shall 

16 award a grant under this section for a period 

17 of not more than 3 years. 

18 ‘‘(B) RENEWAL.—The Secretary may 

19 renew a grant awarded under this section for 

20 an additional period of not more than 2 years, 

21 if an eligible entity— 

22 ‘‘(i) is achieving the objectives of the 

23 grant; and 

24 ‘‘(ii) has shown improvement against 

25 baseline data on the performance measures 


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1 described in subparagraphs (A) through 

2 (E) of subsection (g)(1). 

3 ‘‘(C) PAYMENTS.—The Secretary shall 

4 make grant payments under this section on an 

5 annual basis. 

6 ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec7 tion, the term ‘eligible entity’ means— 

8 ‘‘(1) a State educational agency; 

9 ‘‘(2) a high-need local educational agency; or 

10 ‘‘(3) a partnership consisting of— 

11 ‘‘(A) a national, regional, or statewide pub12 lic or nonprofit organization with expertise and 

13 experience in providing Advanced Placement or 

14 International Baccalaureate course services; 

15 and 

16 ‘‘(B) a State educational agency or a high17 need local educational agency. 

18 ‘‘(c) APPLICATION.— 

19 ‘‘(1) IN GENERAL.—Each eligible entity desir20 ing a grant under this section shall submit an appli21 cation to the Secretary at such time, in such man22 ner, and accompanied by such information as the 

23 Secretary may require. 

24 ‘‘(2) CONTENTS.—The application shall, at a 

25 minimum, include a description of— 


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1 ‘‘(A) the goals and objectives for the 

2 project supported by the grant under this sec3 tion, including— 

4 ‘‘(i) increasing the number of teachers 

5 serving high-need schools who are qualified 

6 to teach Advanced Placement or Inter7 national Baccalaureate courses; 

8 ‘‘(ii) increasing the number of Ad9 vanced Placement or International Bacca10 laureate courses that are offered at high11 need schools; and 

12 ‘‘(iii) increasing the number of stu13 dents attending a high-need school, par14 ticularly low-income students, who succeed 

15 in— 

16 ‘‘(I) Advanced Placement or 

17 International Baccalaureate courses; 

18 and 

19 ‘‘(II) if offered by the school, 

20 pre-Advanced Placement or pre-Inter21 national Baccalaureate courses; 

22 ‘‘(B) how the eligible entity will ensure 

23 that students have access to courses, including 

24 pre-Advanced Placement or pre-International 

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1 dents to succeed in Advanced Placement or 

2 International Baccalaureate courses; 

3 ‘‘(C) how the eligible entity will provide 

4 professional development for teachers that will 

5 further the goals and objectives of the grant 

6 project; 

7 ‘‘(D) how the eligible entity will ensure 

8 that teachers serving high-need schools are 

9 qualified to teach Advanced Placement or Inter10 national Baccalaureate courses; 

11 ‘‘(E) how the eligible entity will provide for 

12 the involvement of business and community or13 ganizations and other entities, including institu14 tions of higher education, in carrying out the 

15 activities described in subsection (e); 

16 ‘‘(F) how the eligible entity will use funds 

17 received under this section; and 

18 ‘‘(G) how the eligible entity will evaluate 

19 the outcome of the grant project. 

20 ‘‘(d) PRIORITY.—In awarding grants under this sec21 tion, the Secretary shall give priority to applications from 

22 eligible entities that— 

23 ‘‘(1) are part of a statewide or districtwide 

24 strategy, as applicable, for increasing the availability 

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1 laureate courses, and pre-Advanced Placement or 

2 pre-International Baccalaureate courses, in high3 need schools; 

4 ‘‘(2) demonstrate a focus on increasing the 

5 availability of Advanced Placement or International 

6 Baccalaureate courses in core academic subjects; 

7 and 

8 ‘‘(3) propose to carry out activities that target 

9 high-need schools. 

10 ‘‘(e) AUTHORIZED ACTIVITIES.— 

11 ‘‘(1) IN GENERAL.—Each eligible entity that re12 ceives a grant under this section shall use the grant 

13 funds to carry out activities designed to increase— 

14 ‘‘(A) the number of teachers serving high15 need schools who are qualified to teach Ad16 vanced Placement or International Bacca17 laureate courses; and 

18 ‘‘(B) the number of students attending 

19 high-need schools who succeed in the examina20 tions for such courses, including through reim21 bursing low-income students attending high22 need schools for part or all of the cost of Ad23 vanced Placement or International Bacca24 laureate examination fees. 


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1 ‘‘(2) ALLOWABLE ACTIVITIES.—In addition to 

2 the activities described in paragraph (1), an eligible 

3 entity that receives a grant under this section may 

4 use grant funds for— 

5 ‘‘(A) high-quality teacher professional de6 velopment, in order to expand the pool of teach7 ers in the participating State, high-need local 

8 educational agency, or high-need school who are 

9 qualified to teach Advanced Placement or Inter10 national Baccalaureate courses, including 

11 through innovative models, such as online acad12 emies and training institutes; 

13 ‘‘(B) pre-Advanced Placement or pre-Inter14 national Baccalaureate teacher and counselor 

15 high-quality professional development in sec16 ondary school to prepare students for success in 

17 Advanced Placement or International Bacca18 laureate courses and in institutions of higher 

19 education; 

20 ‘‘(C) coordination and articulation between 

21 grade levels to prepare students to succeed in 

22 Advanced Placement or International Bacca23 laureate courses; 


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1 ‘‘(D) purchase of instructional materials 

2 for Advanced Placement or International Bac3 calaureate courses; 

4 ‘‘(E) activities to increase the availability 

5 of, and participation in, online Advanced Place6 ment or International Baccalaureate courses; 

7 ‘‘(F) carrying out the requirements of sub8 section (g); and 

9 ‘‘(G) in the case of an eligible entity de10 scribed in subsection (b)(1), awarding sub11 grants to high-need local educational agencies 

12 to enable the high-need local educational agen13 cies to carry out authorized activities described 

14 in subparagraphs (A) through (F). 

15 ‘‘(f) CONTRACTS.—An eligible entity that is awarded 

16 a grant to provide online Advanced Placement or Inter17 national Baccalaureate courses under this subpart may 

18 enter into a contract with an organization to provide the 

19 online Advanced Placement or International Bacca20 laureate courses, including contracting for necessary sup21 port services. 

22 ‘‘(g) COLLECTING AND REPORTING REQUIRE23 MENTS.— 

24 ‘‘(1) REPORT.—Each eligible entity receiving a 

25 grant under this section shall collect and report to 


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1 the Secretary annually such data regarding the re2 sults of the grant as the Secretary may reasonably 

3 require, including— 

4 ‘‘(A) the number of students served by the 

5 eligible entity enrolling in Advanced Placement 

6 or International Baccalaureate courses, and 

7 pre-Advanced Placement or pre-International 

8 Baccalaureate courses, disaggregated by grade 

9 level of the student, and the grades received by 

10 such students in the courses; 

11 ‘‘(B) the number of students taking an Ad12 vanced Placement or International Bacca13 laureate examination and the distribution of 

14 scores on those examinations, disaggregated by 

15 the grade level of the student at the time of ex16 amination; 

17 ‘‘(C) the number of teachers who are cur18 rently, as of the date of the report, receiving 

19 training to teach Advanced Placement or Inter20 national Baccalaureate courses and will teach 

21 such courses in the next school year; 

22 ‘‘(D) the number of teachers becoming 

23 qualified to teach Advanced Placement or Inter24 national Baccalaureate courses; and 


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1 ‘‘(E) the number of qualified teachers who 

2 are teaching Advanced Placement or Inter3 national Baccalaureate courses in high-need 

4 schools served by the eligible entity. 

5 ‘‘(2) REPORTING OF DATA.—Each eligible enti6 ty receiving a grant under this section shall report 

7 the data required under paragraph (1)— 

8 ‘‘(A) disaggregated by subject area; 

9 ‘‘(B) in the case of student data, 

10 disaggregated in the same manner as informa11 tion is disaggregated under section 

12 1111(a)(2)(B)(ix); and 

13 ‘‘(C) in a manner that allows for an as14 sessment of the effectiveness of the grant pro15 gram. 

16 ‘‘(h) EVALUATION.—From the amount appropriated 

17 for this subpart and reserved for evaluation activities in 

18 accordance with section 9601(a), the Secretary, acting 

19 through the Director of the Institute of Education 

20 Sciences, shall, in consultation with the relevant program 

21 office at the Department, evaluate the implementation and 

22 impact of the activities supported under this section, con23 sistent with section 9601, including progress as measured 

24 by the performance measures established under subpara25 graphs (A) through (E) of subsection (g)(1). 


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1 ‘‘(i) MATCHING REQUIREMENT.— 

2 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 

3 each eligible entity that receives a grant under this 

4 section shall provide toward the cost of the activities 

5 assisted under the grant, from non-Federal sources, 

6 an amount equal to 100 percent of the amount of 

7 the grant, except that an eligible entity that is a 

8 high-need local educational agency shall provide an 

9 amount equal to not more than 50 percent of the 

10 amount of the grant. 

11 ‘‘(2) MATCHING FUNDS.—The eligible entity 

12 may provide the matching funds described in para13 graph (1) in cash or in-kind, fairly evaluated, but 

14 may not provide more than 50 percent of the match15 ing funds in-kind. The eligible entity may provide 

16 the matching funds from State, local, or private 

17 sources. 

18 ‘‘(3) WAIVER.—The Secretary may waive all or 

19 part of the matching requirement described in para20 graph (1) for any fiscal year for an eligible entity 

21 described in paragraph (1) or (2) of subsection (b), 

22 if the Secretary determines that applying the match23 ing requirement to such eligible entity would result 

24 in serious hardship or an inability to carry out the 

25 authorized activities described in subsection (e). 


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1 ‘‘SEC. 1225. SUPPLEMENT, NOT SUPPLANT. 

2 ‘‘Grant funds provided under this subpart shall sup3 plement, and not supplant, other non-Federal funds that 

4 are available to assist low-income students to pay for the 

5 cost of Advanced Placement or International Bacca6 laureate examination fees or to expand access to Advanced 

7 Placement or International Baccalaureate courses, and 

8 pre-Advanced Placement or pre-International Bacca9 laureate courses. 

10 ‘‘SEC. 1226. DEFINITIONS. 

11 ‘‘In this subpart: 

12 ‘‘(1) HIGH-NEED SCHOOL.—The term ‘high13 need school’ means a secondary school— 

14 ‘‘(A) with a demonstrated need for Ad15 vanced Placement or International Bacca16 laureate courses; and 

17 ‘‘(B) that— 

18 ‘‘(i) has a high concentration of low19 income students; or 

20 ‘‘(ii) is designated with a school locale 

21 code of 33, 41, 42, or 43, as determined 

22 by the Secretary. 

23 ‘‘(2) LOW-INCOME STUDENT.—The term ‘low24 income student’ means a student who is eligible for 

25 free or reduced-price lunch under the Richard B. 


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1 Russell National School Lunch Act (42 U.S.C. 1751 

2 et seq.).’’. 

3 SEC. 1203. REORGANIZATION. 

4 Part B of title I, as amended by this part, is further 

5 amended by striking subparts 3 and 4. 

6 PART C—EDUCATION OF MIGRATORY CHILDREN 

7 SEC. 1301. PROGRAM PURPOSE. 

8 Section 1301 (20 U.S.C. 6391) is amended to read 

9 as follows: 

10 ‘‘SEC. 1301. PROGRAM PURPOSE. 

11 ‘‘It is the purpose of this part to assist States in pro12 viding high-quality and comprehensive educational pro13 grams (including, as appropriate, instructional and educa14 tionally related support services), during the regular 

15 school year and summer or intersession periods, that ad16 dress the unique educational needs of migratory children 

17 arising from their migratory lifestyle, in order to help such 

18 children— 

19 ‘‘(1) succeed in school; 

20 ‘‘(2) meet the same State college and career 

21 ready academic content and student academic 

22 achievement standards under section 1111(a)(1) 

23 that all children are expected to meet; 

24 ‘‘(3) graduate high school ready for higher edu25 cation and careers; and 


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1 ‘‘(4) overcome educational disruption, cultural 

2 and language barriers, social isolation, various 

3 health-related problems, and other factors that in4 hibit the ability of such children to succeed in 

5 school.’’. 

6 SEC. 1302. PROGRAM AUTHORIZED. 

7 Section 1302 (20 U.S.C. 6392) is amended— 

8 (1) by striking ‘‘In order to carry out the pur9 pose of this part’’ and inserting ‘‘From the amounts 

10 made available under section 3(d) for a fiscal year 

11 to carry out this part’’; 

12 (2) by striking ‘‘combinations’’ and inserting 

13 ‘‘consortia’’; and 

14 (3) by striking ‘‘to establish’’ and inserting ‘‘to 

15 enable such agencies or consortia to establish’’. 

16 SEC. 1303. STATE ALLOCATIONS. 

17 Section 1303 (20 U.S.C. 6393) is amended— 

18 (1) by striking subsection (a) and inserting the 

19 following: 

20 ‘‘(a) STATE ALLOCATIONS.—Except as provided in 

21 subsection (b), the amount awarded to each State (other 

22 than the Commonwealth of Puerto Rico) under this part 

23 for each fiscal year shall be an amount equal to the prod24 uct of— 

25 ‘‘(1) the sum of— 


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1 ‘‘(A) the average number of identified eligi2 ble migratory children aged 3 through 21, re3 siding in the State, based on data for the pre4 ceding 3 years; and 

5 ‘‘(B) the number of identified eligible mi6 gratory children, aged 3 through 21, who re7 ceived services under this part in summer or 

8 intersession programs provided by the State 

9 during the previous year; multiplied by 

10 ‘‘(2) 40 percent of the average per-pupil ex11 penditure in the State, except that the amount cal12 culated under this paragraph shall not be less than 

13 32 percent, or more than 48 percent, of the average 

14 per-pupil expenditure in the United States.’’; 

15 (2) by redesignating subsections (b) through (e) 

16 as subsections (c) through (f), respectively; 

17 (3) by inserting after subsection (a) the fol18 lowing: 

19 ‘‘(b) HOLD HARMLESS.—Notwithstanding subsection 

20 (a), for each of fiscal years 2011 through 2013, no State 

21 receiving an allocation under this section shall receive less 

22 than 90 percent of the State’s allocation under this section 

23 for the previous year.’’; 

24 (4) in subsection (c), as redesignated by para25 graph (2)— 


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1 (A) by striking paragraphs (2) and (3); 

2 (B) by striking ‘‘PUERTO RICO.—’’ and all 

3 that follows through ‘‘For each’’ and inserting 

4 the following: ‘‘PUERTO RICO.—For each’’; 

5 (C) by redesignating subparagraphs (A) 

6 and (B) as paragraphs (1) and (2), respectively, 

7 and by aligning such paragraphs with the mar8 gins of paragraph (1) of subsection (e), as re9 designated by paragraph (2); 

10 (D) in the matter preceding paragraph (1), 

11 as redesignated by subparagraph (C)— 

12 (i) by striking ‘‘which’’ and inserting 

13 ‘‘that’’; and 

14 (ii) by striking ‘‘subsection (a)(1)(A)’’ 

15 and inserting ‘‘subsection (g)’’; and 

16 (E) in paragraph (1), as redesignated by 

17 subparagraph (C)— 

18 (i) by striking ‘‘which’’ and inserting 

19 ‘‘that’’; and 

20 (ii) by inserting ‘‘, except that the 

21 percentage calculated under this paragraph 

22 shall not be less than 85 percent’’ before 

23 the semicolon at the end; and 

24 (5) in subsection (d), as redesignated by para25 graph (2)— 


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1 (A) in paragraph (1)— 

2 (i) by striking ‘‘IN GENERAL.—(A) 

3 If,’’ and all that follows through ‘‘this 

4 part’’ and inserting the following: ‘‘IN

5 GENERAL.— 

6 ‘‘(A) RATABLE REDUCTIONS.—If the 

7 amount available for allocations to States under 

8 this part’’; and 

9 (ii) in subparagraph (B), by striking 

10 ‘‘If additional’’ and inserting ‘‘REALLOCA11 TION.—If additional’’; 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘SPECIAL RULE.—(A) 

14 The’’ and inserting the following: ‘‘SPE15 CIAL RULE.— 

16 ‘‘(A) FURTHER REDUCTIONS.—The’’; 

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

18 ‘‘required under section 1304’’ and insert19 ing ‘‘needed to carry out the approved ac20 tivities in the application under section 

21 1304’’; 

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

23 ‘‘The Secretary shall’’ and inserting ‘‘RE24 ALLOCATION.—The Secretary shall’’; and 


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1 (iv) by adding at the end the fol2 lowing: 

3 ‘‘(C) ADDITIONAL REQUIREMENTS.—The 

4 Secretary— 

5 ‘‘(i) shall— 

6 ‘‘(I) develop and implement a 

7 procedure for monitoring the accuracy 

8 of the information described in sub9 paragraph (A); and 

10 ‘‘(II) issue, through regulations 

11 or guidance, criteria for a system of 

12 State quality control for the accuracy 

13 of State counts of eligible migratory 

14 children; and 

15 ‘‘(ii) may not reduce the amount of a 

16 State allocation under this paragraph on 

17 the basis of unintentional errors in such 

18 counts for States implementing a system of 

19 State quality control that meets the cri20 teria described in clause (i)(II), if the dis21 crepancy between the initial State count 

22 and any subsequent revisions is minimal.’’; 

23 (6) in subsection (f), as redesignated by para24 graph (2)— 


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

2 by inserting ‘‘best serve migratory children 

3 under this part and’’ after ‘‘In order to’’; 

4 (B) in paragraph (1), by striking ‘‘such in5 formation as the Secretary finds’’ and inserting 

6 ‘‘the most recent information that’’; 

7 (C) by redesignating paragraphs (2) 

8 through (4) as paragraphs (3) through (5), re9 spectively; 

10 (D) by inserting after paragraph (1) the 

11 following: 

12 ‘‘(2) develop and implement a procedure for 

13 monitoring the accuracy of such information, if such 

14 a procedure does not create barriers to the families 

15 of migratory children who are eligible for services 

16 under this part;’’; 

17 (E) in paragraph (3), as redesignated by 

18 subparagraph (C), by striking ‘‘develop and im19 plement a procedure for more accurately reflect20 ing’’ and inserting ‘‘update such procedure, and 

21 implement the updated procedure, to more ac22 curately reflect the’’; 

23 (F) in paragraph (4)(A), as redesignated 

24 by subparagraph (C), by inserting ‘‘of highVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 quality, sustained, and intensive education serv2 ices’’ after ‘‘special programs’’; and 

3 (G) in paragraph (5), as redesignated by 

4 subparagraph (C), by striking ‘‘the child whose 

5 education has been interrupted’’ and inserting 

6 ‘‘migratory children’’; and 

7 (7) by adding at the end the following: 

8 ‘‘(g) NONPARTICIPATING STATES.—In the case of a 

9 State desiring to receive an allocation under this part for 

10 a fiscal year that did not receive an allocation for the pre11 vious fiscal year or that has been participating for less 

12 than 3 consecutive years, the Secretary shall calculate the 

13 State’s number of identified migratory children aged 3 

14 through 21 for purposes of subsection (a)(1)(A) by using 

15 the most recent data available that identifies the migra16 tory children residing in the State until data is available 

17 to calculate the 3-year average number of such children 

18 in accordance with such subsection.’’. 

19 SEC. 1304. STATE APPLICATIONS; SERVICES. 

20 Section 1304 (20 U.S.C. 6394) is amended— 

21 (1) in subsection (b)— 

22 (A) in paragraph (1)— 

23 (i) in the matter preceding subpara24 graph (A)— 


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1 (I) by striking ‘‘special’’ and in2 serting ‘‘unique’’; and 

3 (II) by inserting ‘‘and out of 

4 school migratory children’’ after ‘‘pre5 school migratory children’’; and 

6 (ii) in subparagraph (B)— 

7 (I) by striking ‘‘migrant’’ and in8 serting ‘‘migratory’’; and 

9 (II) by striking ‘‘part A or B of 

10 title III’’ and inserting ‘‘part A of 

11 title III’’; 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘migratory students’’ 

14 and inserting ‘‘migratory children’’; and 

15 (ii) by striking ‘‘same challenging’’ 

16 and all that follows through ‘‘standards 

17 that’’ and inserting ‘‘same State college 

18 and career ready academic content and 

19 student academic achievement standards 

20 adopted under section 1111(a)(1) that’’; 

21 (C) by striking paragraph (6); 

22 (D) by redesignating paragraphs (3) 

23 through (5) as paragraphs (4) through (6), re24 spectively; 


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1 (E) by inserting after paragraph (2) the 

2 following: 

3 ‘‘(3) a description of how the State will meet 

4 the requirements of section 1308(b) for the timely 

5 electronic transfer of student records and how the 

6 State will use such records transfer to meet the 

7 unique educational needs of migratory students and 

8 remove barriers to the proper enrollment and reten9 tion of migratory children in schools;’’; 

10 (F) in paragraph (4), as redesignated by 

11 subparagraph (D)— 

12 (i) by striking ‘‘require, the State’’ 

13 and inserting ‘‘require and using the link14 age system described in section 1308(b), 

15 the State and each of its local operating 

16 agencies’’; 

17 (ii) by striking ‘‘another’’ and insert18 ing ‘‘another or from 1 school district to 

19 another’’; and 

20 (iii) by striking ‘‘such move’’ and in21 serting ‘‘such a move’’; 

22 (G) in paragraph (7)— 

23 (i) by striking ‘‘family literacy serv24 ices’’ and inserting ‘‘family literacy activi25 ties’’; 


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1 (ii) by striking ‘‘program or project 

2 serves’’ and inserting ‘‘programs and 

3 projects serve’’; 

4 (iii) by striking ‘‘who have parents 

5 who’’ and inserting ‘‘whose parents’’; and 

6 (iv) by striking the period at the end 

7 and inserting ‘‘; and’’; and 

8 (H) by adding at the end the following: 

9 ‘‘(8) such budgetary and other information as 

10 the Secretary may require.’’; 

11 (2) in subsection (c)— 

12 (A) in paragraph (2), by striking ‘‘part I’’ 

13 and inserting ‘‘part F’’; 

14 (B) by striking paragraph (3) and insert15 ing the following: 

16 ‘‘(3) in the planning and operation of programs 

17 and projects at both the State and local agency op18 erating levels, there is consultation with parent advi19 sory councils for programs of not less than 1 school 

20 year in duration, and that all such programs and 

21 projects are— 

22 ‘‘(A) conducted in a manner that provides 

23 for the same parental involvement as is re24 quired for programs and projects under section 

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1 scriptions required for parental involvement 

2 under section 1118(a)(3)(A), unless extraor3 dinary circumstances make such provision im4 practical; and 

5 ‘‘(B) are developed in a format and lan6 guage understandable to the parents;’’; 

7 (C) in paragraph (4), by inserting ‘‘and 

8 migratory children who are not attending 

9 school’’ before the semicolon at the end; 

10 (D) in paragraph (6), by striking subpara11 graph (C) and inserting the following: 

12 ‘‘(C) family literacy programs that are de13 termined to be high quality;’’; and 

14 (E) by striking paragraph (7) and insert15 ing the following: 

16 ‘‘(7) the State has procedures in place to verify 

17 the accuracy and completeness of any data regarding 

18 the counting of migratory children that is submitted 

19 to the Secretary under this part.’’; and 

20 (3) in subsection (d)— 

21 (A) by striking ‘‘who are failing’’ and all 

22 that follows through the period and inserting 

23 the following: ‘‘who have made a move within 

24 the previous 1-year period and who— 


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1 ‘‘(1) are failing, or most at risk of failing, to 

2 meet the State college and career ready academic 

3 content standards and student academic achieve4 ment standards adopted under section 1111(a)(1); 

5 or 

6 ‘‘(2) have dropped out of school.’’; and 

7 (B) in subsection (e)— 

8 (i) in paragraph (2), by striking ‘‘1’’ 

9 and inserting ‘‘one’’; and 

10 (ii) in paragraph (3), by striking ‘‘sec11 ondary school students’’ and inserting 

12 ‘‘students’’. 

13 SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW. 

14 Section 1305(b) (20 U.S.C. 6395(b)) is amended by 

15 striking ‘‘may’’ and inserting ‘‘shall, to the extent prac16 ticable,’’. 

17 SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND 

18 SERVICE-DELIVERY PLAN; AUTHORIZED AC19 TIVITIES. 

20 Section 1306 (20 U.S.C. 6396) is amended— 

21 (1) in subsection (a)(1)— 

22 (A) in the matter preceding subparagraph 

23 (A)— 

24 (i) by striking ‘‘special’’ and inserting 

25 ‘‘unique’’; and 


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1 (ii) by inserting ‘‘, consistent with the 

2 purposes of this part,’’ after ‘‘migratory 

3 children’’; 

4 (B) by striking subparagraph (B); 

5 (C) by redesignating subparagraphs (C) 

6 through (G) as subparagraphs (E) through (I), 

7 respectively; 

8 (D) by inserting after subparagraph (A) 

9 the following: 

10 ‘‘(B) addresses the unique educational 

11 needs of migratory children; 

12 ‘‘(C) is developed in collaboration with par13 ents of migratory children; 

14 ‘‘(D) is not used to supplant State efforts 

15 regarding, or administrative funding for, this 

16 part;’’; 

17 (E) in subparagraph (E), as redesignated 

18 by subparagraph (C), by striking ‘‘same chal19 lenging’’ and all that follows through ‘‘stand20 ards that’’ and inserting ‘‘same State college 

21 and career ready academic content and student 

22 academic achievement standards adopted under 

23 section 1111(a)(1) that’’; and 

24 (F) in subparagraph (H), as redesignated 

25 by subparagraph (C)— 


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1 (i) by striking ‘‘early childhood pro2 grams,’’ and inserting ‘‘early childhood 

3 care and education programs,’’; and 

4 (ii) by striking ‘‘part A or B of title 

5 III’’ and inserting ‘‘part A of title III’’; 

6 (2) in subsection (b)— 

7 (A) in paragraph (1), by striking ‘‘local 

8 educational’’ and inserting ‘‘local operating’’; 

9 (B) by striking paragraph (2) and insert10 ing the following: 

11 ‘‘(2) UNMET NEEDS.—Funds provided under 

12 this part shall be used to meet the needs of migra13 tory children that are not met by services available 

14 from other Federal or non-Federal programs, except 

15 that migratory children who are eligible to receive 

16 services under part A may receive those services 

17 through funds provided under that part or through 

18 funds under this part that remain after the agency 

19 meets the needs described in paragraph (1).’’; and 

20 (C) in paragraph (4), by striking ‘‘special 

21 educational’’ and inserting ‘‘unique edu22 cational’’. 

23 SEC. 1307. BYPASS. 

24 Section 1307 (20 U.S.C. 6397) is amended, in the 

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1 rangements with’’ and inserting ‘‘award grants to, or 

2 enter into contracts with,’’. 

3 SEC. 1308. NATIONAL ACTIVITIES. 

4 Section 1308 (20 U.S.C. 6398) is amended— 

5 (1) by striking the section heading and insert6 ing ‘‘NATIONAL ACTIVITIES.’’; 

7 (2) in subsection (a)— 

8 (A) in paragraph (1)— 

9 (i) by striking ‘‘nonprofit entities to 

10 improve’’ and inserting the following: ‘‘en11 tities to— 

12 ‘‘(A) improve’’; 

13 (ii) by inserting ‘‘through’’ before 

14 ‘‘the establishment’’; 

15 (iii) by striking the period at the end 

16 and inserting ‘‘; and’’; and 

17 (iv) by adding at the end the fol18 lowing: 

19 ‘‘(B) improve the coordination between 

20 State educational agencies, local operating 

21 agencies, and their counterparts in other na22 tions in educating migratory children who move 

23 between the United States and such nations.’’; 

24 and 


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1 (B) in paragraph (2), by inserting ‘‘or con2 tracts’’ after ‘‘Grants’’; 

3 (3) in subsection (b)— 

4 (A) by striking paragraph (1) and insert5 ing the following: 

6 ‘‘(1) ASSISTANCE.—In order to determine the 

7 number of migratory children in each State, the Sec8 retary shall assist each State in maintaining an ef9 fective system for the electronic transfer of student 

10 records.’’; 

11 (B) in paragraph (2)— 

12 (i) in subparagraph (A)— 

13 (I) in the matter preceding clause 

14 (i), by striking ‘‘The Secretary, in 

15 consultation’’ and all that follows 

16 through ‘‘may include—’’ and insert17 ing the following: ‘‘The Secretary, in 

18 consultation with the States, shall 

19 continue to ensure the linkage of mi20 gratory child record systems for the 

21 purpose of electronically exchanging, 

22 within and among the States, health 

23 and educational information regarding 

24 all migratory children eligible under 

25 this part. The Secretary shall ensure 


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1 such linkage occurs in a cost-effective 

2 manner, utilizing systems used by the 

3 State prior to, or developed after, the 

4 date of enactment of the Elementary 

5 and Secondary Education Reauthor6 ization Act of 2011. The Secretary 

7 shall determine the minimum data ele8 ments that each State receiving funds 

9 under this part shall collect, maintain, 

10 and exchange, and the requirements 

11 of the linkage system that States shall 

12 meet for the timely submission of ac13 cess to such information. Such min14 imum data elements may include—’’; 

15 and 

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

17 ‘‘section 1111(b)’’ and inserting ‘‘sec18 tion 1111(a)(2)’’; and 

19 (ii) by striking subparagraph (B) and 

20 inserting the following: 

21 ‘‘(B) CONSULTATION.—The Secretary 

22 shall maintain ongoing consultation with the 

23 States, local educational agencies, and other mi24 gratory student service providers on— 


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1 ‘‘(i) the effectiveness of the system of 

2 electronic records transfer described in 

3 subparagraph (A); and 

4 ‘‘(ii) the ongoing improvement of such 

5 system.’’; and 

6 (C) in paragraph (4)— 

7 (i) in subparagraph (A)— 

8 (I) by striking ‘‘2003’’ and in9 serting ‘‘2012, and every 2 years 

10 thereafter,’’; and 

11 (II) by striking ‘‘the Committee 

12 on Health, Education, Labor, and 

13 Pensions of the Senate and the Com14 mittee on Education and the Work15 force of the House of Representa16 tives’’ and inserting ‘‘the authorizing 

17 committees’’; and 

18 (ii) in subparagraph (B)— 

19 (I) in clause (ii), by striking ‘‘the 

20 development and linkage of’’ and in21 serting ‘‘maintaining’’; and 

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

23 ‘‘measures that may be taken to en24 sure’’ and inserting ‘‘improving’’; 


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1 (4) by redesignating subsection (c) as sub2 section (f), and transferring such subsection so as to 

3 follow subsection (e); 

4 (5) by inserting after subsection (b) the fol5 lowing: 

6 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary may 

7 provide technical assistance designed to support State ef8 forts to meet the needs of migratory children, which may 

9 include supporting the attendance of State and local oper10 ating agency staff, and other appropriate individuals, at 

11 special meetings convened by the Secretary in order to 

12 carry out activities consistent with this section.’’; 

13 (6) in subsection (d)— 

14 (A) by striking ‘‘, pursuant to criteria that 

15 the Secretary shall establish,’’; and 

16 (B) by striking ‘‘whose education is inter17 rupted’’ and inserting ‘‘described in section 

18 1304(d)’’; and 

19 (7) by striking subsection (e) and inserting the 

20 following: 

21 ‘‘(e) IMPROVEMENTS AND COORDINATION.—From 

22 any funds made available under this section and remaining 

23 after carrying out the requirements under subsections (b) 

24 and (d), the Secretary, in consultation with the States, 

25 may make grants to, or enter into contracts with, State 


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1 educational agencies, local educational agencies, institu2 tions of higher education, and other public and private 

3 nonprofit entities to improve the interstate and intrastate 

4 coordination among such agencies’ and entities’ programs 

5 available to migratory students consistent with this sec6 tion, including the establishment or improvement of pro7 grams for academic credit accrual and exchange.’’. 

8 SEC. 1309. PERFORMANCE DATA; EVALUATIONS AND 

9 STUDY; STATE ASSISTANCE. 

10 Part C of title I (20 U.S.C. 6391 et seq.) is further 

11 amended— 

12 (1) by redesignating section 1309 as section 

13 1312; and 

14 (2) by inserting after section 1308 the fol15 lowing: 

16 ‘‘SEC. 1309. PERFORMANCE DATA. 

17 ‘‘Consistent with section 1111(d)(3)(B), and in a 

18 manner prescribed by the Secretary, each State that re19 ceives a grant under this part shall annually submit to 

20 the Secretary, and make public, data on— 

21 ‘‘(1) the academic achievement of migratory 

22 students, as measured by the State assessments re23 quired under section 1111(a)(2); 

24 ‘‘(2) such students’ high school graduation 

25 rates and rates of enrollment and persistence in, and 


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1 completion of a program of study at, institutions of 

2 higher education; and 

3 ‘‘(3) the results of such other performance 

4 measures and targets as the Secretary may pre5 scribe. 

6 ‘‘SEC. 1310. EVALUATION AND STUDY. 

7 ‘‘(a) PROGRAM EVALUATION.—From the amount re8 served for evaluation activities in accordance with section 

9 9601(a), the Secretary, acting through the Director of the 

10 Institute of Education Sciences, shall, in consultation with 

11 the relevant program office at the Department, evaluate 

12 the implementation and impact of the activities supported 

13 under this part, consistent with section 9601. 

14 ‘‘(b) STUDY.—The Secretary shall conduct a pilot 

15 study, funded as part of the 2012 National Assessment 

16 of Educational Progress, on the feasibility of using the 

17 National Assessment of Educational Progress for assess18 ing and reporting on the academic achievement of migra19 tory children in grades 4 and 8 in reading and mathe20 matics. 

21 ‘‘SEC. 1311. STATE ASSISTANCE IN DETERMINING NUMBER 

22 OF MIGRATORY CHILDREN. 

23 ‘‘Each State that desires to receive assistance under 

24 this part shall assist the Secretary in determining the 

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1 graphs (1) and (2) of subsection (a), and subsection (g), 

2 of section 1303 through such procedures as the Secretary 

3 may require, except that the Secretary shall not require 

4 additional information that is not directly related to deter5 mining the migratory status of the child or the administra6 tion of this part.’’. 

7 SEC. 1310. DEFINITIONS. 

8 Section 1312 (20 U.S.C. 6399), as redesignated by 

9 section 1309(1), is amended— 

10 (1) by redesignating paragraphs (1) and (2) as 

11 paragraphs (3) and (5), respectively; 

12 (2) by inserting before paragraph (3), as redes13 ignated by paragraph (1), the following: 

14 ‘‘(1) FOOD PROCESSOR.—The term ‘food proc15 essor’ means a position working with a raw agricul16 tural, dairy, or fishing product and transforming the 

17 product into a more refined product up to the point 

18 of an initial commercial sale. 

19 ‘‘(2) INITIAL COMMERCIAL SALE.—The term 

20 ‘initial commercial sale’ means the first point of sale 

21 of an agricultural, dairy, or fishing product— 

22 ‘‘(A) for refining to the next-stage proc23 essor; 

24 ‘‘(B) to the wholesaler; 

25 ‘‘(C) to the retailer; or 


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1 ‘‘(D) directly to the consumer.’’; 

2 (3) by inserting after paragraph (3), as redesig3 nated by paragraph (1), the following: 

4 ‘‘(4) MIGRATORY AGRICULTURAL WORKER.— 

5 The term ‘migratory agricultural worker’ means an 

6 individual who— 

7 ‘‘(A) made a qualifying move in the pre8 ceding 36-month period; and 

9 ‘‘(B) after making such move, sought or 

10 engaged in employment in agricultural work, 

11 which may be dairy work or the initial proc12 essing of raw agricultural products.’’; and 

13 (4) by striking paragraph (5), as redesignated 

14 by paragraph (1), and inserting the following: 

15 ‘‘(5) MIGRATORY CHILD.—The term ‘migratory 

16 child’ means a child who— 

17 ‘‘(A) is, or whose parent or spouse is, a 

18 migratory agricultural worker or migratory fish19 er who is currently engaged in, or seeking to 

20 obtain, temporary or seasonal employment, usu21 ally for not longer than 15 months, in agricul22 tural or fishing work until the point of the ini23 tial commercial sale (including employment as a 

24 migratory dairy worker, a food processor, or a 

25 migratory fisher); and 


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1 ‘‘(B) in the preceding 36 months— 

2 ‘‘(i) has moved from 1 school district 

3 to another; 

4 ‘‘(ii) in a State that is comprised of a 

5 single school district, has moved from 1 

6 administrative area to another within such 

7 district; or 

8 ‘‘(iii) resides in a school district of 

9 more than 15,000 square miles, and mi10 grates a distance of 20 miles or more to a 

11 temporary residence to engage in, or to ac12 company a parent or spouse engaging in, a 

13 fishing activity. 

14 ‘‘(6) MIGRATORY FISHER.—The term ‘migra15 tory fisher’ means an individual who made a quali16 fying move in the preceding 36 months and, after 

17 doing so, sought or engaged in employment in fish18 ing work. 

19 ‘‘(7) QUALIFYING MOVE.—The term ‘qualifying 

20 move’— 

21 ‘‘(A) means— 

22 ‘‘(i) a move from 1 school district to 

23 another, or from 1 administrative area to 

24 another within a State that is comprised of 

25 a single school district; and 


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1 ‘‘(ii) in the case of a migratory fisher 

2 who resides in a school district of more 

3 than 15,000 square miles, includes migrat4 ing a distance of 20 miles or more to a 

5 temporary residence; and 

6 ‘‘(B) with respect to a qualifying move for 

7 a parent or spouse of a migratory child, means 

8 a move described in subparagraph (A) that is 

9 separated by not more than 1 year from the 

10 move or migration described in paragraph 

11 (5)(B) of the migratory child.’’. 

12 PART D—PREVENTION AND INTERVENTION PRO13 GRAMS FOR CHILDREN AND YOUTH WHO 

14 ARE NEGLECTED, DELINQUENT, OR AT-RISK 

15 SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION. 

16 Section 1401 (20 U.S.C. 6421) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1), by striking ‘‘chal19 lenging State academic content standards and 

20 challenging State student academic achievement 

21 standards’’ and inserting ‘‘college and career 

22 ready academic content standards and student 

23 academic achievement standards under section 

24 1111(a)(1)’’; and 


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1 (B) in paragraph (3), by striking ‘‘to pre2 vent at-risk youth from dropping out of school, 

3 and’’; and 

4 (2) in subsection (b), by striking ‘‘1002(d)’’ and 

5 inserting ‘‘3(e)’’. 

6 SEC. 1402. ALLOCATION OF FUNDS. 

7 Paragraph (2) of section 1412(b) (20 U.S.C. 

8 6432(b)) is amended to read as follows: 

9 ‘‘(2) MINIMUM PERCENTAGE.—The percentage 

10 in paragraph (1)(A) shall not be less than 85 per11 cent.’’. 

12 SEC. 1403. STATE PLAN AND STATE AGENCY APPLICATIONS. 

13 Section 1414 (20 U.S.C. 6434) is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1)(B)— 

16 (i) by striking ‘‘from’’ and inserting 

17 ‘‘between’’; and 

18 (ii) by striking ‘‘to’’ and inserting 

19 ‘‘and’’; 

20 (B) in paragraph (2)— 

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

22 ‘‘academic, vocational, and technical skills’’ 

23 and inserting ‘‘college and career readiness 

24 (as determined based on the State college 

25 and career ready academic content and 


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1 student academic achievement standards 

2 under section 1111(a)(1))’’; and 

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

4 ‘‘and’’ after the semicolon; 

5 (C) in subparagraph (C)(iv), by striking 

6 the period at the end and inserting ‘‘; and’’; 

7 and 

8 (D) by adding at the end the following: 

9 ‘‘(D) provide assurances that the State 

10 educational agency has established— 

11 ‘‘(i) procedures to ensure that each 

12 student who has been placed in the juve13 nile justice system is promptly re-enrolled 

14 in secondary school or placed in a re-entry 

15 program that best meets the educational 

16 and social needs of the student; 

17 ‘‘(ii) procedures for facilitating the 

18 transfer of credits that such students 

19 earned during placement; and 

20 ‘‘(iii) opportunities for such students 

21 to participate in higher education or career 

22 pathways.’’; and 

23 (2) in subsection (c)— 

24 (A) in paragraph (1)— 


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1 (i) by inserting ‘‘and respond to’’ 

2 after ‘‘assess’’; and 

3 (ii) by inserting ‘‘, including an as4 sessment upon entry into a correctional fa5 cility’’ before the semicolon at the end; 

6 (B) in paragraph (8), by striking ‘‘voca7 tional’’ and inserting ‘‘career’’; 

8 (C) in paragraph (9)— 

9 (i) by striking ‘‘encourage’’ and insert 

10 ‘‘require, to the extent practicable,’’; 

11 (ii) by inserting ‘‘and after’’ after 

12 ‘‘prior to’’; and 

13 (iii) by inserting ‘‘and that transition 

14 plans are in place’’ before the semicolon at 

15 the end; 

16 (D) in paragraph (11)— 

17 (i) by inserting ‘‘such’’ after ‘‘transi18 tion of’’; 

19 (ii) by striking ‘‘from’’ and inserting 

20 ‘‘between’’; and 

21 (iii) by striking ‘‘institution to locally 

22 operated’’ and inserting ‘‘institution and 

23 locally operated education’’; 

24 (E) in paragraph (16)— 


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1 (i) by inserting ‘‘and obtain a sec2 ondary school diploma’’ after ‘‘reenter 

3 school’’; and 

4 (ii) by inserting ‘‘that leads to eco5 nomic self-sufficiency’’ after ‘‘employ6 ment’’; and 

7 (F) in paragraph (17), by inserting ‘‘cer8 tified or licensed’’ before ‘‘teachers’’. 

9 SEC. 1404. USE OF FUNDS. 

10 Section 1415(a) (20 U.S.C. 6435(a)) is amended— 

11 (1) in paragraph (1)(B), by striking ‘‘voca12 tional’’ and inserting ‘‘career’’; and 

13 (2) in paragraph (2)— 

14 (A) in subparagraph (B)— 

15 (i) in clause (i), by striking ‘‘chal16 lenging academic content standards and 

17 student academic achievement standards’’ 

18 and inserting ‘‘college and career ready 

19 academic content standards and student 

20 academic achievement standards under sec21 tion 1111(a)(1)’’; and 

22 (ii) in clause (iii), by striking ‘‘chal23 lenging’’ and inserting ‘‘such’’; 

24 (B) in subparagraph (C)— 


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1 (i) by striking ‘‘part I’’ and inserting 

2 ‘‘part F’’; and 

3 (ii) by striking ‘‘and’’ after the semi4 colon; 

5 (C) in subparagraph (D), by striking the 

6 period at the end and inserting ‘‘; and’’; and 

7 (D) by adding at the end the following: 

8 ‘‘(E) may include the costs of testing for 

9 such children and youth for a recognized equiv10 alent of a secondary school diploma.’’. 

11 SEC. 1405. INSTITUTION-WIDE PROJECTS. 

12 Section 1416 (20 U.S.C. 6436) is amended— 

13 (1) in paragraph (3), by striking ‘‘challenging 

14 State academic content standards and student aca15 demic achievement standards’’ and inserting ‘‘college 

16 and career ready academic content standards and 

17 student academic achievement standards under sec18 tion 1111(a)(1)’’; 

19 (2) in paragraph (4)— 

20 (A) by striking ‘‘pupil services’’ and insert21 ing ‘‘specialized instructional support services’’; 

22 and 

23 (B) by inserting ‘‘and the development and 

24 implementation of transition plans’’ before the 

25 semicolon; and 


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1 (3) in paragraph (6), by inserting ‘‘and im2 prove’’ after ‘‘assess’’. 

3 SEC. 1406. TRANSITION SERVICES. 

4 Section 1418(a) (20 U.S.C. 6438(a)) is amended— 

5 (1) in paragraph (1)— 

6 (A) by striking ‘‘from’’ and inserting ‘‘be7 tween’’; and 

8 (B) by striking ‘‘to schools’’ and inserting 

9 ‘‘and schools’’; and 

10 (2) in paragraph (2), by striking ‘‘vocational’’ 

11 each place the term appears and inserting ‘‘career’’. 

12 SEC. 1407. PROGRAM EVALUATION. 

13 Section 1419 is amended to read as follows: 

14 ‘‘SEC. 1419. PROGRAM EVALUATION. 

15 ‘‘From the amount reserved for evaluation activities 

16 in accordance with section 9601(a), the Secretary, acting 

17 through the Director of the Institute for Education 

18 Sciences, shall, in consultation with the relevant program 

19 office of the Department, evaluate the implementation and 

20 impact of the activities supported under this part, con21 sistent with section 9601.’’. 

22 SEC. 1408. PURPOSE OF LOCAL AGENCY PROGRAMS. 

23 Section 1421(1) (20 U.S.C. 6451(1)) is amended by 

24 striking ‘‘, training, employment, or further education’’ 

25 and inserting ‘‘and college and career readiness (as deterVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 mined based on the State college and career ready aca2 demic content and student academic achievement stand3 ards under section 1111(a)(1))’’. 

4 SEC. 1409. PROGRAMS OPERATED BY LOCAL EDUCATIONAL 

5 AGENCIES. 

6 Section 1422(d) (20 U.S.C. 6452(d)) is amended— 

7 (1) by striking ‘‘meet the transitional’’ and in8 serting ‘‘meet the transitional needs (including the 

9 social and emotional needs)’’; and 

10 (2) by striking ‘‘meeting the transitional’’ and 

11 inserting ‘‘meeting such transitional’’. 

12 SEC. 1410. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

13 Section 1423 (20 U.S.C. 6453) is amended— 

14 (1) in paragraph (6), by striking ‘‘, at-risk chil15 dren or youth, and other participating children or 

16 youth,’’ and inserting ‘‘and at-risk children or 

17 youth,’’; 

18 (2) in paragraph (8), by inserting ‘‘and family 

19 members’’ after ‘‘parents’’; and 

20 (3) in paragraph (9), by striking ‘‘vocational’’ 

21 and inserting ‘‘career’’. 

22 SEC. 1411. USES OF FUNDS. 

23 Section 1424 (20 U.S.C. 6454) is amended— 

24 (1) in paragraph (2), by striking ‘‘, including’’ 

25 and all that follows through ‘‘gang members’’; and 


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1 (2) in paragraph (4), by striking ‘‘vocational 

2 and technical education’’ and inserting ‘‘career and 

3 technical education, costs associated with testing for 

4 a recognized equivalent of a secondary school di5 ploma’’. 

6 SEC. 1412. PROGRAM REQUIREMENTS FOR CORRECTIONAL 

7 FACILITIES RECEIVING FUNDS UNDER THIS 

8 SECTION. 

9 Section 1425 (20 U.S.C. 6455) is amended— 

10 (1) in paragraph (9), by striking ‘‘vocational’’ 

11 and inserting ‘‘career’’; 

12 (2) in paragraph (10), by striking ‘‘and’’ after 

13 the semicolon; 

14 (3) in paragraph (11), by striking the period at 

15 the end and inserting a semicolon; and 

16 (4) by adding at the end the following: 

17 ‘‘(12) develop an initial educational services and 

18 transition plan for each child or youth served under 

19 this subpart upon entry into the correctional facility, 

20 in partnership with the child or youth’s family mem21 bers and the local educational agency that most re22 cently provided services to the child or youth (if ap23 plicable), consistent with section 1414(a)(1); and 

24 ‘‘(13) consult with the local educational agency 

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1 rectional facility and local educational agency upon 

2 discharge from that facility, to coordinate edu3 cational services so as to minimize disruption to the 

4 child’s or youth’s achievement.’’. 

5 SEC. 1413. ACCOUNTABILITY. 

6 Section 1426 (20 U.S.C. 6456) is amended to read 

7 as follows: 

8 ‘‘SEC. 1426. ACCOUNTABILITY. 

9 ‘‘The State educational agency— 

10 ‘‘(1) shall require correctional facilities or insti11 tutions for delinquent children and youth to annually 

12 report on the number of children and youth released 

13 from the correctional facility or institution who re14 turned or did not return to school, the number of 

15 children and youth obtaining a secondary school di16 ploma or its recognized equivalent, and the number 

17 of children and youth obtaining employment; and 

18 ‘‘(2) may require correctional facilities or insti19 tutions for delinquent children and youth to dem20 onstrate, after receiving assistance under this sub21 part for 3 years, that there has been an increase in 

22 the number of children and youth returning to 

23 school, obtaining a secondary school diploma or its 

24 recognized equivalent, or obtaining employment after 

25 such children and youth are released.’’. 


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1 SEC. 1414. PROGRAM EVALUATIONS. 

2 Section 1431(a)(1) (20 U.S.C. 6471(a)(1)) is amend3 ed by inserting ‘‘, including the ability to become college 

4 and career ready, as determined under the State academic 

5 content and student academic achievement standards 

6 under section 1111(a)(1), and to graduate high school in 

7 the standard number of years’’ before the semicolon at the 

8 end. 

9 SEC. 1415. DEFINITIONS. 

10 Section 1432(2) (20 U.S.C. 6472(2)) is amended to 

11 read as follows: 

12 ‘‘(2) AT-RISK.—The term ‘at-risk’, when used 

13 with respect to a child, youth, or student, means a 

14 school-aged individual who— 

15 ‘‘(A) is at risk of academic failure; and 

16 ‘‘(B) has a drug or alcohol problem, is 

17 pregnant or is a parent, has come into contact 

18 with the juvenile justice system or has been de19 termined to be neglected in the past, is a gang 

20 member, or has dropped out of school in the 

21 past.’’. 


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1 PART E—EDUCATIONAL STABILITY OF CHILDREN 

2 IN FOSTER CARE 

3 SEC. 1501. EDUCATIONAL STABILITY OF CHILDREN IN FOS4 TER CARE. 

5 (a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 

6 et seq.) is amended to read as follows: 

7 ‘‘PART E—EDUCATIONAL STABILITY OF 

8 CHILDREN IN FOSTER CARE 

9 ‘‘SEC. 1501. EDUCATIONAL STABILITY OF CHILDREN IN FOS10 TER CARE. 

11 ‘‘(a) OBLIGATIONS TO COLLABORATE WITH CHILD

12 WELFARE AGENCIES.— 

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

14 agency receiving assistance under part A shall col15 laborate with the State agency responsible for ad16 ministering the State plans under parts B and E of 

17 title IV of the Social Security Act (42 U.S.C. 621 

18 et seq., 670 et seq.) to develop and implement a plan 

19 to ensure that the following occurs, for each child in 

20 the State, when the child moves to a new school at21 tendance area as a result of being placed in foster 

22 care (as described in section 1502(1)), changing fos23 ter care placements, or leaving foster care: 

24 ‘‘(A) ATTENDANCE AT A SCHOOL OF ORI25 GIN.— 


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1 ‘‘(i) IN GENERAL.—The child enrolls 

2 or remains in the child’s school of origin, 

3 unless a determination is made that it is in 

4 the child’s best interest to attend a dif5 ferent school. 

6 ‘‘(ii) LIMITATION.—A child who leaves 

7 foster care shall only be entitled to remain 

8 in the child’s school of origin for the re9 mainder of the school year. 

10 ‘‘(B) IMMEDIATE ENROLLMENT.—When a 

11 determination is made regarding the school that 

12 it is in the best interest of a child in foster care 

13 to attend, the child shall be immediately en14 rolled in such school, even if the child is unable 

15 to produce records normally required for enroll16 ment, such as previous academic records, im17 munization and medical records, a birth certifi18 cate, guardianship records, proof of residency, 

19 or other documentation. 

20 ‘‘(C) RECORDS TRANSFER.—Any records 

21 ordinarily kept by a school, including records of 

22 immunizations, health screenings, and other re23 quired health records, academic records, birth 

24 certificates, evaluations for special services or 

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1 grams (as defined in section 602 of the Individ2 uals with Disabilities Education Act (20 U.S.C. 

3 1401)), regarding a child in foster care shall 

4 be— 

5 ‘‘(i) maintained so that the records in6 volved are available, in a timely fashion, 

7 when a child in foster care enters a new 

8 school; and 

9 ‘‘(ii) immediately transferred to the 

10 enrolling school, even if the child owes fees 

11 or fines or was not withdrawn from pre12 vious schools in conformance with local 

13 withdrawal procedures. 

14 ‘‘(2) IMPLEMENTATION.—Each State edu15 cational agency receiving assistance under part A 

16 shall ensure that the plan described in paragraph 

17 (1) is implemented by the local educational agencies 

18 in the State. 

19 ‘‘(b) CREDIT TRANSFER AND DIPLOMAS.—Each 

20 State that receives assistance under part A shall have poli21 cies for ensuring that— 

22 ‘‘(1) a child in foster care who is changing 

23 schools can transfer school credits and receive par24 tial credits for coursework satisfactorily completed 


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1 while attending a prior school or educational pro2 gram; 

3 ‘‘(2) a child in foster care is afforded opportuni4 ties to recover school credits lost due to placement 

5 instability while in foster care; and 

6 ‘‘(3) a child in foster care who has changed sec7 ondary schools can receive a secondary school di8 ploma either from one of the schools in which the 

9 child was enrolled or through a State-issued sec10 ondary school diploma system, consistent with State 

11 graduation requirements. 

12 ‘‘(c) TRANSPORTATION.—Not later than 1 year after 

13 the date of enactment of the Elementary and Secondary 

14 Education Reauthorization Act of 2011, the State edu15 cational agency shall enter into an agreement with the 

16 State agency responsible for administering the State plans 

17 under parts B and E of title IV of the Social Security 

18 Act to ensure that children in foster care, and children 

19 leaving foster care, who are attending their schools of ori20 gin receive transportation to and from those schools, in 

21 accordance with subsection (a)(1) and with section 

22 475(1)(G) of the Social Security Act (42 U.S.C. 

23 675(1)(G)). The agreement shall include a description of 

24 the following: 


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1 ‘‘(1) How foster care maintenance payments 

2 will be used to help fund the transportation of chil3 dren in foster care to their schools of origin. 

4 ‘‘(2) How children who leave foster care will re5 ceive transportation to maintain their enrollment in 

6 their schools of origin for the remainder of the aca7 demic year, if remaining in their schools of origin is 

8 in their best interests. 

9 ‘‘(d) POINTS OF CONTACT.— 

10 ‘‘(1) LOCAL EDUCATIONAL AGENCIES.—A State 

11 that receives assistance under part A shall ensure 

12 that each local educational agency in the State des13 ignates an individual employed by the agency to 

14 serve as a point of contact for the child welfare 

15 agencies responsible for children in foster care en16 rolled in the local educational agency and to oversee 

17 the implementation of the local educational agency 

18 requirements under this section. A local educational 

19 agency’s point of contact shall not be the individual 

20 designated as its local educational agency liaison 

21 under section 722(g)(1)(J)(ii) of the McKinney22 Vento Homeless Assistance Act, unless such indi23 vidual has the capacity, resources, and time to per24 form both roles. 


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1 ‘‘(2) STATE EDUCATIONAL AGENCIES.—Each 

2 State educational agency receiving assistance under 

3 part A shall designate an individual to serve as a 

4 point of contact for child welfare agencies and to 

5 oversee the implementation of the State educational 

6 agency requirements under this section. A State 

7 educational agency’s point of contact shall not be the 

8 individual designated as the State’s Coordinator for 

9 Education of Homeless Children and Youths under 

10 section 722(d)(3) of the McKinney-Vento Homeless 

11 Assistance Act, unless such individual has the capac12 ity, resources, and time to perform both roles. 

13 ‘‘SEC. 1502. DEFINITIONS. 

14 ‘‘In this part: 

15 ‘‘(1) CHILD IN FOSTER CARE.—The term ‘child 

16 in foster care’ means a child whose care and place17 ment is the responsibility of the agency that admin18 isters a State plan under part B or E of title IV of 

19 the Social Security Act (42 U.S.C. 621 et seq., 670 

20 et seq.), without regard to whether foster care main21 tenance payments are made under section 472 of the 

22 Social Security Act (42 U.S.C. 672) on behalf of the 

23 child. 


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1 ‘‘(2) SCHOOL ATTENDANCE AREA.—The term 

2 ‘school attendance area’ has the meaning given the 

3 term in section 1113(a)(2). 

4 ‘‘(3) SCHOOL OF ORIGIN.—The term ‘school of 

5 origin’ means, with respect to a child in foster care, 

6 any of the following: 

7 ‘‘(A) The public school in which the child 

8 was enrolled prior to entry into foster care. 

9 ‘‘(B) The public school in which the child 

10 is enrolled when a change in foster care place11 ment occurs. 

12 ‘‘(C) The public school the child attended 

13 when last permanently housed, as such term is 

14 used in section 722(g)(3)(G) of the McKinney15 Vento Homeless Assistance Act (42 U.S.C. 

16 11432(g)(3)(G)), if such child was eligible for 

17 assistance under such Act before the child be18 came a child in foster care.’’. 

19 (b) GUIDANCE.—Not later than 90 days after the 

20 date of enactment of this Act, the Secretary, in collabora21 tion with the Secretary of Health and Human Services, 

22 is directed to issue guidance on the implementation of part 

23 E of title I of the Elementary and Secondary Education 

24 Act of 1965, including how State and local agencies will 


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1 work together to ensure that transportation for children 

2 in foster care is provided to the school of origin. 

3 PART F—GENERAL PROVISIONS 

4 SEC. 1601. REORGANIZATION. 

5 (a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.) 

6 is further amended— 

7 (1) by striking parts F through H; 

8 (2) by redesignating part I as part F; and 

9 (3) by redesignating sections 1901 through 

10 1908 as sections 1601 through 1608, respectively. 

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 Part F of title I, as redesignated by subsection (a)(2), is 

13 further amended— 

14 (1) in section 1601(b)(4)(A) (20 U.S.C. 

15 6571(b)(4)(A)), as redesignated by subsection 

16 (a)(3), by striking ‘‘No Child Left Behind Act of 

17 2001’’ and inserting ‘‘Elementary and Secondary 

18 Education Reauthorization Act of 2011’’; 

19 (2) in section 1602(a) (20 U.S.C. 6572(a)), as 

20 redesignated by subsection (a)(3), by striking 

21 ‘‘1901’’ and inserting ‘‘1601’’; 

22 (3) in section 1603(b)(2)(G) (20 U.S.C. 

23 6573(b)(2)(G)), as redesignated by subsection 

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1 serting ‘‘specialized instructional support personnel’’; 

2 and 

3 (4) in section 1608 (20 U.S.C. 6578), as redes4 ignated by subsection (a)(3), by striking ‘‘No Child 

5 Left Behind Act of 2001’’ and inserting ‘‘Elemen6 tary and Secondary Education Reauthorization Act 

7 of 2011’’. 

8 TITLE II—SUPPORTING EXCEL9 LENT TEACHERS AND PRIN10 CIPALS 

11 SEC. 2101. SUPPORTING EXCELLENT TEACHERS AND PRIN12 CIPALS. 

13 (a) TECHNICAL AMENDMENTS.—Title II (20 U.S.C. 

14 6601 et seq.) is amended— 

15 (1) by striking the title heading and inserting 

16 ‘‘SUPPORTING EXCELLENT TEACHERS 

17 AND PRINCIPALS’’; 

18 (2) by redesignating subpart 3 of part D as 

19 part H of title IV, and transferring such part H so 

20 as to follow part G of title IV, as added by section 

21 4108 of this Act; 

22 (3) in part H of title IV, as redesignated by 

23 paragraph (2), by striking the part heading and in24 serting the following: ‘‘READY-TO-LEARN’’; 


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1 (4) by redesignating section 2431 as section 

2 4801; 

3 (5) in section 4801, as redesignated by para4 graph (4)— 

5 (A) by striking the section heading and in6 serting the following: ‘‘READY-TO-LEARN’’; 

7 (B) in subsection (a)— 

8 (i) in paragraph (1)(E)(ii)— 

9 (I) by striking ‘‘Even Start pro10 viders,’’; and 

11 (II) by striking ‘‘family literacy 

12 services’’ and inserting ‘‘family lit13 eracy activities’’; 

14 (ii) in paragraph (2)— 

15 (I) by striking ‘‘Even Start pro16 viders,’’; and 

17 (II) by striking ‘‘family literacy 

18 services’’ and inserting ‘‘family lit19 eracy activities’’; 

20 (iii) in paragraph (4)(B), by striking 

21 ‘‘Even Start, and’’; 

22 (C) in subsection (c)(2), by striking ‘‘rel23 evant committees of Congress’’ and inserting 

24 ‘‘authorizing committees’’; and 


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1 (D) by striking subsection (e) and insert2 ing the following: 

3 ‘‘(e) FUNDING RULE.—Not less than 60 percent of 

4 the amount appropriated to carry out this section for each 

5 fiscal year shall be used to carry out activities under sub6 paragraphs (B) through (D) of subsection (a)(1).’’; 

7 (6) by redesignating subpart 5 of part C as 

8 subpart 3 of part E of title IX, and transferring 

9 such subpart 3 so as to follow subpart 2 of part E 

10 of title IX; 

11 (7) by redesignating sections 2361, 2362, 2363, 

12 2364, 2365, 2366, 2367, and 2368, as sections 

13 9541, 9542, 9543, 9544, 9545, 9546, 9547, and 

14 9548, respectively; and 

15 (8) in section 9546(b), as redesignated by para16 graph (7), by striking the matter following para17 graph (2) and inserting the following: 

18 ‘‘(3) A State law that makes a limitation of li19 ability inapplicable if the civil action was brought by 

20 an officer of a State or local government pursuant 

21 to State or local law.’’. 

22 (b) TROOPS-TO-TEACHERS.— 

23 (1) TRANSFER OF FUNCTIONS.— 

24 (A) TRANSFER.—The responsibility and 

25 authority for operation and administration of 


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1 the Troops-to-Teachers Program in chapter A 

2 of subpart 1 of part C of title II (20 U.S.C. 

3 6671 et seq.), as in effect on the day before the 

4 date of enactment of this Act, is transferred 

5 from the Secretary of Education to the Sec6 retary of Defense. 

7 (B) EFFECTIVE DATE.—The transfer 

8 under subparagraph (A) shall take effect on the 

9 first day of the first month beginning more 

10 than 180 days after the date of enactment of 

11 this Act, or on such earlier date as the Sec12 retary of Education and the Secretary of De13 fense may jointly provide. 

14 (2) ENACTMENT AND MODIFICATION OF PRO15 GRAM AUTHORITY IN TITLE 10, UNITED STATES

16 CODE.— 

17 (A) IN GENERAL.—Chapter 58 of title 10, 

18 United States Code, is amended by adding at 

19 the end the following new section: 

20 ‘‘§ 1154. Assistance to eligible members to obtain em21 ployment as teachers: Troops-to-Teachers 

22 Program 

23 ‘‘(a) DEFINITIONS.—In this section: 

24 ‘‘(1) CHARTER SCHOOL.—The term ‘charter 

25 school’ has the meaning given that term in section 


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1 5210 of the Elementary and Secondary Education 

2 Act of 1965 (20 U.S.C. 7221i). 

3 ‘‘(2) PROGRAM.—The term ‘Program’ means 

4 the Troops-to-Teachers Program authorized by this 

5 section. 

6 ‘‘(3) ADDITIONAL TERMS.—The terms ‘elemen7 tary school’, ‘highly qualified teacher’, ‘local edu8 cational agency’, ‘secondary school’, and ‘State’ have 

9 the meanings given those terms in section 9101 of 

10 the Elementary and Secondary Education Act of 

11 1965 (20 U.S.C. 7801). 

12 ‘‘(b) PROGRAM AUTHORIZATION.—The Secretary of 

13 Defense may carry out a program (to be known as the 

14 ‘Troops-to-Teachers Program’)— 

15 ‘‘(1) to assist eligible members of the Armed 

16 Forces described in subsection (c) to obtain certifi17 cation or licensing as elementary school teachers, 

18 secondary school teachers, or vocational or technical 

19 teachers, and to become highly qualified teachers; 

20 and 

21 ‘‘(2) to facilitate the employment of such mem22 bers— 

23 ‘‘(A) by local educational agencies or pub24 lic charter schools that the Secretary of Edu25 cation identifies as— 


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1 ‘‘(i) receiving grants under part A of 

2 title I of the Elementary and Secondary 

3 Education Act of 1965 (20 U.S.C. 6311 et 

4 seq.) as a result of having within their ju5 risdictions concentrations of children from 

6 low-income families; or 

7 ‘‘(ii) experiencing a shortage of highly 

8 qualified teachers, in particular a shortage 

9 of science, mathematics, special education, 

10 or vocational or technical teachers; and 

11 ‘‘(B) in elementary schools or secondary 

12 schools, or as vocational or technical teachers. 

13 ‘‘(c) ELIGIBILITY AND APPLICATION PROCESS.— 

14 ‘‘(1) ELIGIBLE MEMBERS.—The following mem15 bers of the Armed Forces are eligible for selection 

16 to participate in the Program: 

17 ‘‘(A) Any member who— 

18 ‘‘(i) on or after the date of the enact19 ment of the Elementary and Secondary 

20 Education Reauthorization Act of 2011, 

21 becomes entitled to retired or retainer pay 

22 under this title or title 14; 

23 ‘‘(ii) has an approved date of retire24 ment that is within 1 year after the date 


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1 on which the member submits an applica2 tion to participate in the Program; or 

3 ‘‘(iii) transfers to the Retired Reserve. 

4 ‘‘(B) Any member who, on or after the 

5 date of the enactment of the Elementary and 

6 Secondary Education Reauthorization Act of 

7 2011— 

8 ‘‘(i)(I) is separated or released from 

9 active duty after 4 or more years of contin10 uous active duty immediately before the 

11 separation or release; or 

12 ‘‘(II) has completed a total of at least 

13 10 years of active duty service, 10 years of 

14 service computed under section 12732 of 

15 this title, or 10 years of any combination 

16 of such service; and 

17 ‘‘(ii) executes a reserve commitment 

18 agreement for a period of not less than 3 

19 years under paragraph (5)(B). 

20 ‘‘(C) Any member who, on or after the 

21 date of the enactment of the Elementary and 

22 Secondary Education Reauthorization Act of 

23 2011, is retired or separated for physical dis24 ability under chapter 61 of this title. 


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1 ‘‘(2) SUBMISSION OF APPLICATIONS.—(A) Se2 lection of eligible members of the Armed Forces to 

3 participate in the Program shall be made on the 

4 basis of applications submitted to the Secretary. An 

5 application shall be in such form and contain such 

6 information as the Secretary may require. 

7 ‘‘(B) An application may be considered to be 

8 submitted on a timely basis under subparagraph 

9 (A)(i), (B), or (C) of paragraph (1) if the applica10 tion is submitted not later than 2 years after the 

11 date on which the member is retired or separated or 

12 released from active duty, whichever applies to the 

13 member. 

14 ‘‘(3) SELECTION CRITERIA; EDUCATIONAL

15 BACKGROUND REQUIREMENTS AND HONORABLE

16 SERVICE REQUIREMENT.—(A) Subject to subpara17 graphs (B) and (C), the Secretary shall prescribe 

18 the criteria to be used to select eligible members of 

19 the Armed Forces to participate in the Program. 

20 ‘‘(B)(i) If a member of the Armed Forces is ap21 plying for assistance for placement as an elementary 

22 school or secondary school teacher, the Secretary 

23 shall require the member to have received a bacca24 laureate or advanced degree from an accredited in25 stitution of higher education. 


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1 ‘‘(ii) If a member of the Armed Forces is apply2 ing for assistance for placement as a vocational or 

3 technical teacher, the Secretary shall require the 

4 member— 

5 ‘‘(I) to have received the equivalent of 1 

6 year of college from an accredited institution of 

7 higher education and have 3 or more years of 

8 military experience in a vocational or technical 

9 field; or 

10 ‘‘(II) to otherwise meet the certification or 

11 licensing requirements for a vocational or tech12 nical teacher in the State in which the member 

13 seeks assistance for placement under the Pro14 gram. 

15 ‘‘(C) A member of the Armed Forces is eligible 

16 to participate in the Program only if the member’s 

17 last period of service in the Armed Forces was hon18 orable, as characterized by the Secretary concerned. 

19 A member selected to participate in the Program be20 fore the retirement of the member or the separation 

21 or release of the member from active duty may con22 tinue to participate in the Program after the retire23 ment, separation, or release only if the member’s 

24 last period of service is characterized as honorable 

25 by the Secretary concerned. 


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1 ‘‘(4) SELECTION PRIORITIES.—In selecting eli2 gible members of the Armed Forces to receive assist3 ance under the Program, the Secretary shall give 

4 priority to members who— 

5 ‘‘(A) have educational or military experi6 ence in science, mathematics, special education, 

7 or vocational or technical subjects; and 

8 ‘‘(B) agree to seek employment as science, 

9 mathematics, or special education teachers in 

10 elementary schools or secondary schools or in 

11 other schools under the jurisdiction of a local 

12 educational agency. 

13 ‘‘(5) OTHER CONDITIONS ON SELECTION.—(A) 

14 The Secretary may not select an eligible member of 

15 the Armed Forces to participate in the Program and 

16 receive financial assistance unless the Secretary has 

17 sufficient appropriations for the Program available 

18 at the time of the selection to satisfy the obligations 

19 to be incurred by the United States under subsection 

20 (d) with respect to the member. 

21 ‘‘(B) The Secretary may not select an eligible 

22 member of the Armed Forces described in paragraph 

23 (1)(B)(i) to participate in the Program under this 

24 section and receive financial assistance under sub25 section (d) unless the member executes a written 


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1 agreement to serve as a member of the Selected Re2 serve of a reserve component of the Armed Forces 

3 for a period of not less than 3 years (in addition to 

4 any other reserve commitment the member may 

5 have). 

6 ‘‘(d) PARTICIPATION AGREEMENT AND FINANCIAL

7 ASSISTANCE.— 

8 ‘‘(1) PARTICIPATION AGREEMENT.—(A) An eli9 gible member of the Armed Forces selected to par10 ticipate in the Program under subsection (c) and re11 ceive financial assistance under this subsection shall 

12 be required to enter into an agreement with the Sec13 retary in which the member agrees— 

14 ‘‘(i) within such time as the Secretary may 

15 require, to obtain certification or licensing as an 

16 elementary school teacher, secondary school 

17 teacher, or vocational or technical teacher, and 

18 to become a highly qualified teacher; and 

19 ‘‘(ii) to accept an offer of full-time employ20 ment as an elementary school teacher, sec21 ondary school teacher, or vocational or technical 

22 teacher for not less than 3 school years with a 

23 local educational agency or public charter school 

24 receiving grants under part A of title I of the 


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1 Elementary and Secondary Education Act of 

2 1965 (20 U.S.C.6311 et seq.). 

3 ‘‘(B) The Secretary may waive the 3-year com4 mitment described in subparagraph (A)(ii) for a par5 ticipant if the Secretary determines the waiver to be 

6 appropriate. If the Secretary provides the waiver, 

7 the participant shall not be considered to be in viola8 tion of the agreement and shall not be required to 

9 provide reimbursement under subsection (e), for fail10 ure to meet the 3-year commitment. 

11 ‘‘(2) VIOLATION OF PARTICIPATION AGREE12 MENT; EXCEPTIONS.—A participant in the Program 

13 shall not be considered to be in violation of the par14 ticipation agreement entered into under paragraph 

15 (1) during any period in which the participant— 

16 ‘‘(A) is pursuing a full-time course of 

17 study related to the field of teaching at an in18 stitution of higher education; 

19 ‘‘(B) is serving on active duty as a member 

20 of the Armed Forces; 

21 ‘‘(C) is temporarily totally disabled for a 

22 period of time not to exceed 3 years as estab23 lished by sworn affidavit of a qualified physi24 cian; 


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1 ‘‘(D) is unable to secure employment for a 

2 period not to exceed 12 months by reason of the 

3 care required by a spouse who is disabled; 

4 ‘‘(E) is a highly qualified teacher who is 

5 seeking and unable to find full-time employ6 ment as a teacher in an elementary school or 

7 secondary school or as a vocational or technical 

8 teacher for a single period not to exceed 27 

9 months; or 

10 ‘‘(F) satisfies such other criteria as may be 

11 prescribed by the Secretary. 

12 ‘‘(3) STIPEND FOR PARTICIPANTS.—(A) Subject 

13 to subparagraph (B), the Secretary may pay to a 

14 participant in the Program selected under this sec15 tion a stipend in an amount of not more than 

16 $5,000. 

17 ‘‘(B) The total number of stipends that may be 

18 paid under subparagraph (A) in any fiscal year may 

19 not exceed 5,000. 

20 ‘‘(4) BONUS FOR PARTICIPANTS.—(A) Subject 

21 to subparagraph (B), the Secretary may, in lieu of 

22 paying a stipend under paragraph (3), pay a bonus 

23 of $10,000 to a participant in the Program selected 

24 under this section who agrees in the participation 

25 agreement under paragraph (1) to become a highly 


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1 qualified teacher and to accept full-time employment 

2 as an elementary school teacher, secondary school 

3 teacher, or vocational or technical teacher for not 

4 less than 3 school years in a high-need school. 

5 ‘‘(B) The total number of bonuses that may be 

6 paid under subparagraph (A) in any fiscal year may 

7 not exceed 3,000. 

8 ‘‘(C) For purposes of subparagraph (A), the 

9 term ‘high-need school’ means a public elementary 

10 school, public secondary school, or public charter 

11 school that meets 1 or more of the following criteria: 

12 ‘‘(i) At least 50 percent of the students en13 rolled in the school were from low-income fami14 lies (as described in subsection (b)(2)(A)(i)). 

15 ‘‘(ii) The school has a large percentage of 

16 students who qualify for assistance under part 

17 B of the Individuals with Disabilities Education 

18 Act (20 U.S.C. 1411 et seq.). 

19 ‘‘(5) TREATMENT OF STIPEND AND BONUS.—A 

20 stipend or bonus paid under this subsection to a 

21 participant in the Program shall be taken into ac22 count in determining the eligibility of the participant 

23 for Federal student financial assistance provided 

24 under title IV of the Higher Education Act of 1965 

25 (20 U.S.C. 1070 et seq.). 


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1 ‘‘(e) REIMBURSEMENT UNDER CERTAIN CIR2 CUMSTANCES.— 

3 ‘‘(1) REIMBURSEMENT REQUIRED.—A partici4 pant in the Program who is paid a stipend or bonus 

5 under subsection (d) shall be required to repay the 

6 stipend or bonus under the following circumstances: 

7 ‘‘(A) The participant fails to obtain teach8 er certification or licensing, to become a highly 

9 qualified teacher, or to obtain employment as 

10 an elementary school teacher, secondary school 

11 teacher, or vocational or technical teacher as re12 quired by the participation agreement under 

13 subsection (d)(1). 

14 ‘‘(B) The participant voluntarily leaves, or 

15 is terminated for cause from, employment as an 

16 elementary school teacher, secondary school 

17 teacher, or vocational or technical teacher dur18 ing the 3 years of required service in violation 

19 of the participation agreement. 

20 ‘‘(C) The participant executed a written 

21 agreement with the Secretary concerned under 

22 subsection (c)(5)(B) to serve as a member of a 

23 reserve component of the Armed Forces for a 

24 period of 3 years and fails to complete the re25 quired term of service. 


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1 ‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici2 pant required to reimburse the Secretary for a sti3 pend or bonus paid to the participant under sub4 section (d) shall pay an amount that bears the same 

5 ratio to the amount of the stipend or bonus as the 

6 unserved portion of required service bears to the 3 

7 years of required service. Any amount owed by the 

8 participant shall bear interest at the rate equal to 

9 the highest rate being paid by the United States on 

10 the day on which the reimbursement is determined 

11 to be due for securities having maturities of 90 days 

12 or less and shall accrue from the day on which the 

13 participant is first notified of the amount due. 

14 ‘‘(3) TREATMENT OF OBLIGATION.—The obliga15 tion to reimburse the Secretary under this sub16 section is, for all purposes, a debt owing the United 

17 States. A discharge in bankruptcy under title 11 

18 shall not release a participant from the obligation to 

19 reimburse the Secretary under this subsection. 

20 ‘‘(4) EXCEPTIONS TO REIMBURSEMENT RE21 QUIREMENT.—A participant shall be excused from 

22 reimbursement under this subsection if the partici23 pant becomes permanently totally disabled as estab24 lished by sworn affidavit of a qualified physician. 

25 The Secretary may also waive the reimbursement in 


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1 cases of extreme hardship to the participant, as de2 termined by the Secretary. 

3 ‘‘(f) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

4 UNDER MONTGOMERY GI BILL.—The receipt by a partic5 ipant in the Program of a stipend or bonus under sub6 section (d) shall not reduce or otherwise affect the entitle7 ment of the participant to any benefits under chapter 30 

8 or 33 of title 38 or chapter 1606 of this title. 

9 ‘‘(g) PARTICIPATION BY STATES.— 

10 ‘‘(1) DISCHARGE OF STATE ACTIVITIES

11 THROUGH CONSORTIA OF STATES.—The Secretary 

12 may permit States participating in the Program to 

13 carry out activities authorized for such States under 

14 the Program through 1 or more consortia of such 

15 States. 

16 ‘‘(2) ASSISTANCE TO STATES.—(A) Subject to 

17 subparagraph (B), the Secretary may make grants 

18 to States participating in the Program, or to con19 sortia of such States, in order to permit such States 

20 or consortia of States to operate offices for purposes 

21 of recruiting eligible members of the Armed Forces 

22 for participation in the Program and facilitating the 

23 employment of participants in the Program as ele24 mentary school teachers, secondary school teachers, 

25 and vocational or technical teachers. 


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1 ‘‘(B) The total amount of grants made under 

2 subparagraph (A) in any fiscal year may not exceed 

3 $5,000,000.’’. 

4 (B) CLERICAL AMENDMENT.—The table of 

5 sections at the beginning of chapter 58 of such 

6 title is amended by adding at the end the fol7 lowing new item: 

‘‘1154. Assistance to eligible members to obtain employment as teachers: 

Troops-to-Teachers Program.’’. 

8 (3) CONFORMING AMENDMENT.—Section 

9 1142(b)(4)(C) of such title is amended by striking 

10 ‘‘under sections 1152 and 1153 of this title and the 

11 Troops-to-Teachers Program under section 2302 of 

12 the Elementary and Secondary Education Act of 

13 1965 (20 U.S.C. 6672)’’ and inserting ‘‘under sec14 tions 1152, 1153, and 1154 of this title’’. 

15 (4) EFFECTIVE DATE.—The amendments made 

16 by this section shall take effect on the effective date 

17 of the transfer under paragraph (1). 

18 (c) SUPPORTING EXCELLENT TEACHERS AND PRIN19 CIPALS.—Title II (20 U.S.C. 6601 et seq.), as amended 

20 by subsection (a), is further amended by striking parts 

21 A, B, C, and D, and inserting the following: 


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1 ‘‘PART A—CONTINUOUS IMPROVEMENT AND 

2 SUPPORT FOR TEACHERS AND PRINCIPALS 

3 ‘‘SEC. 2101. PURPOSE. 

4 ‘‘The purpose of this part is to provide grants to 

5 State educational agencies and subgrants to local edu6 cational agencies to enable such agencies to improve aca7 demic achievement for all students, including students 

8 with disabilities and English learners, by— 

9 ‘‘(1) providing professional development that is 

10 designed to improve instruction and student achieve11 ment; and 

12 ‘‘(2) increasing the number and improving the 

13 equitable distribution of high-quality teachers and 

14 principals. 

15 ‘‘SEC. 2102. DEFINITIONS. 

16 ‘‘In this part: 

17 ‘‘(1) INDUCTION PROGRAM.—The term ‘induc18 tion program’ means a program based on scientif19 ically valid research for new teachers that is de20 signed to improve instruction and increase teacher 

21 retention, and that includes— 

22 ‘‘(A) high-quality teacher mentoring; 

23 ‘‘(B) the development of skills needed by 

24 new teachers, including content knowledge, ped25 agogical knowledge, classroom management 

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1 tions and supports), and the analysis and use of 

2 student assessments (including formative as3 sessments), and other student data; 

4 ‘‘(C) periodic, structured time for collabo5 ration and professional development with teach6 ers in the same subject or field, and opportuni7 ties to draw directly on the expertise of other 

8 school and local educational agency staff and 

9 other organizations that provide high-quality 

10 supports, which may include team teaching or 

11 a reduced teaching load; and 

12 ‘‘(D) regular and structured observation 

13 with timely feedback. 

14 ‘‘(2) MENTORING.—The term ‘mentoring’ 

15 means supporting teachers or principals to increase 

16 the effectiveness and retention of such teachers or 

17 principals through a program that— 

18 ‘‘(A) includes clear criteria for the selec19 tion of mentors that takes into account the 

20 mentor’s— 

21 ‘‘(i) record of increasing student 

22 achievement; and 

23 ‘‘(ii) ability to facilitate adult learn24 ing; 


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1 ‘‘(B) provides high-quality training for 

2 mentors in how to support teachers or prin3 cipals; 

4 ‘‘(C) provides regularly scheduled time for 

5 collaboration, examination of student work and 

6 achievement data, and ongoing opportunities for 

7 mentors and mentees to observe each other’s 

8 teaching or leading, and identify and address 

9 areas identified for improvement; and 

10 ‘‘(D) matches mentees with mentors in the 

11 same field, grade, grade span, or subject area. 

12 ‘‘(3) STATE.—The term ‘State’ means each of 

13 the several States of the United States, the Com14 monwealth of Puerto Rico, and the District of Co15 lumbia. 

16 ‘‘Subpart 1—Grants to States 

17 ‘‘SEC. 2111. ALLOTMENTS TO STATES. 

18 ‘‘(a) IN GENERAL.—The Secretary shall make grants 

19 to States with applications approved under section 2112 

20 to enable the States to carry out the activities specified 

21 in section 2113. Each grant shall consist of the allotment 

22 determined for a State under subsection (b). 

23 ‘‘(b) DETERMINATION OF ALLOTMENTS.— 


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1 ‘‘(1) RESERVATION OF FUNDS.—From the total 

2 amount appropriated to carry out this subpart for a 

3 fiscal year, the Secretary shall reserve— 

4 ‘‘(A) one-half of 1 percent for allotments 

5 for the United States Virgin Islands, Guam, 

6 American Samoa, and the Commonwealth of 

7 the Northern Mariana Islands, to be distributed 

8 among those outlying areas on the basis of their 

9 relative need, as determined by the Secretary, 

10 in accordance with the purpose of this part; and 

11 ‘‘(B) one-half of 1 percent for the Sec12 retary of the Interior for programs under this 

13 part in schools operated or funded by the Bu14 reau of Indian Education. 

15 ‘‘(2) STATE ALLOTMENTS.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), from the funds appropriated to 

18 carry out this subpart and not reserved under 

19 paragraph (1), the Secretary shall allot to each 

20 State the sum of— 

21 ‘‘(i) an amount that bears the same 

22 relationship to 35 percent of the remaining 

23 amount as the number of individuals ages 

24 5 through 17 in the State, as determined 

25 by the Secretary on the basis of the most 


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1 recent satisfactory data, bears to the num2 ber of those individuals in all such States, 

3 as so determined; and 

4 ‘‘(ii) an amount that bears the same 

5 relationship to 65 percent of the remaining 

6 amount as the number of individuals, ages 

7 5 through 17 from families with incomes 

8 below the poverty line, in the State, as de9 termined by the Secretary on the basis of 

10 the most recent satisfactory data, bears to 

11 the number of those individuals in all such 

12 States, as so determined. 

13 ‘‘(B) EXCEPTION.—No State receiving an 

14 allotment under subparagraph (A) may receive 

15 less than one-half of 1 percent of the total 

16 amount allotted under such subparagraph. 

17 ‘‘(3) REALLOTMENT.—If any State does not re18 ceive an allotment under this subsection for any fis19 cal year, the Secretary shall reallot the amount of 

20 the allotment to the remaining States in accordance 

21 with this subsection. 

22 ‘‘SEC. 2112. STATE APPLICATIONS. 

23 ‘‘(a) IN GENERAL.—For a State to be eligible to re24 ceive a grant under this part, the State educational agency 

25 shall submit an application to the Secretary at such time, 


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1 in such manner, and containing such information as the 

2 Secretary may reasonably require. 

3 ‘‘(b) CONTENTS.—Each application submitted under 

4 this section shall be subject to peer review and include— 

5 ‘‘(1) a description of how the State educational 

6 agency will ensure that each local educational agency 

7 receiving a subgrant under subpart 2 will comply 

8 with the requirements of such subgrant; 

9 ‘‘(2) a description of how the State will use 

10 funds reserved under section 2113(a); 

11 ‘‘(3) a description of how the activities to be 

12 carried out by the State educational agency under 

13 this subpart will be based on a review of scientif14 ically valid research and an explanation of why the 

15 activities are expected to improve student achieve16 ment; 

17 ‘‘(4) a description of how activities under this 

18 subpart are aligned with State academic content and 

19 student academic achievement standards and State 

20 assessments, which include, as appropriate, State 

21 early learning standards for children younger than 

22 kindergarten; 

23 ‘‘(5) a description of how the State educational 

24 agency will provide data on each teacher’s student 

25 achievement and, if applicable, student growth, for 


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1 the State assessments required under section 

2 1111(a)(2) to teachers and local educational agen3 cies, in a timely and useful manner; 

4 ‘‘(6) if the State intends to use grant funds to 

5 develop or improve a teacher and principal evalua6 tion system— 

7 ‘‘(A) a description of such system; and 

8 ‘‘(B) an assurance that such system will be 

9 consistent with section 2301(b)(4); 

10 ‘‘(7) a description of how the State educational 

11 agency will hold local educational agencies account12 able for meeting the requirements of section 1119; 

13 ‘‘(8) an assurance that the State educational 

14 agency will comply with section 9501 (regarding par15 ticipation by private school children and teachers); 

16 and 

17 ‘‘(9) a description of the activities funded under 

18 this subpart, including how such activities will be co19 ordinated with the State agency responsible for early 

20 childhood education and care programs and the 

21 State Advisory Council on Early Childhood Edu22 cation and Care established under section 642B of 

23 the Head Start Act, that are designed to improve 

24 and strengthen the knowledge and skills of teachers 


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1 and principals responsible for educating children in 

2 preschool, where applicable, through grade 3. 

3 ‘‘(c) DEEMED APPROVAL.—An application submitted 

4 by a State educational agency pursuant to subsection (a) 

5 that has been peer reviewed shall be deemed to be ap6 proved by the Secretary unless the Secretary makes a 

7 written determination, prior to the expiration of the 120- 

8 day period beginning on the date on which the Secretary 

9 received the application, that the application is not in com10 pliance with this subpart. 

11 ‘‘(d) DISAPPROVAL.—The Secretary shall not finally 

12 disapprove the application, except after giving the State 

13 educational agency notice and an opportunity for a hear14 ing. 

15 ‘‘(e) NOTIFICATION.—If the Secretary finds that the 

16 application is not in compliance, in whole or in part, with 

17 this subpart, the Secretary shall— 

18 ‘‘(1) give the State educational agency notice 

19 and an opportunity for a hearing; and 

20 ‘‘(2) notify the State educational agency of the 

21 finding of noncompliance and, in such notification, 

22 shall— 

23 ‘‘(A) cite the specific provisions in the ap24 plication that are not in compliance; and 


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1 ‘‘(B) request additional information, only 

2 as to the noncompliant provisions, needed to 

3 make the application compliant. 

4 ‘‘(f) RESPONSE.—If the State educational agency re5 sponds to the Secretary’s notification described in sub6 section (e)(2) during the 45-day period beginning on the 

7 date on which the agency received the notification, and 

8 resubmits the application with the requested information 

9 described in subsection (e)(2)(B), the Secretary shall ap10 prove or disapprove such application prior to the later of— 

11 ‘‘(1) the expiration of the 45-day period begin12 ning on the date on which the application is resub13 mitted; or 

14 ‘‘(2) the expiration of the 120-day period de15 scribed in subsection (c). 

16 ‘‘(g) FAILURE TO RESPOND.—If the State edu17 cational agency does not respond to the Secretary’s notifi18 cation described in subsection (e)(2) during the 45-day pe19 riod beginning on the date on which the agency received 

20 the notification, such application shall be deemed to be 

21 disapproved. 

22 ‘‘SEC. 2113. STATE USE OF FUNDS. 

23 ‘‘(a) IN GENERAL.—A State that receives a grant 

24 under section 2111— 


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1 ‘‘(1) shall reserve 95 percent of the funds made 

2 available through the grant to make subgrants to 

3 local educational agencies as described in subpart 2; 

4 ‘‘(2) shall use not less than 2 percent but not 

5 more than 5 percent of funds made available 

6 through the grant to improve the performance and 

7 distribution of high quality principals and, at the 

8 State’s discretion, other school leaders, including 

9 through— 

10 ‘‘(A) developing, periodically reviewing, 

11 and revising State policies and standards re12 lated to principals; 

13 ‘‘(B) developing, with appropriate stake14 holders, and carrying out a State plan to pro15 vide for well-prepared principals, based on an 

16 analysis of relevant data; 

17 ‘‘(C) activities designed to recruit, prepare, 

18 place, assist, support, and retain high quality 

19 principals for high-need schools and low-per20 forming schools; 

21 ‘‘(D) providing training and support to 

22 principals and school leadership teams in high23 need schools and low-performing schools on im24 proving instruction and closing achievement 

25 gaps; and 


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1 ‘‘(E) providing compensation or incentives 

2 to attract, retain, and reward high quality prin3 cipals and other school leaders for high-need 

4 schools and low-performing schools; 

5 ‘‘(3) shall use funds remaining after making the 

6 reservations under paragraphs (1) and (2) to— 

7 ‘‘(A) plan and administer State activities 

8 under this part, including awarding, moni9 toring, and enforcing the requirements of sub10 grants awarded under subpart 2; 

11 ‘‘(B) assist local educational agencies in 

12 recruiting, preparing, placing, developing, and 

13 retaining high-quality teachers for high-need 

14 schools and low-performing schools; 

15 ‘‘(C) provide technical assistance, as nec16 essary, to local educational agencies that receive 

17 subgrants under subpart 2, to improve perform18 ance on the measures described in section 

19 2141(b); 

20 ‘‘(D) develop and disseminate the State 

21 Report Card described in subpart 4, and use 

22 the information in the Report Card to guide ef23 forts under this part; and 

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1 opment and implementation of programs and 

2 policies that support children’s transition from 

3 early childhood education and care programs 

4 into elementary schools, improve school readi5 ness, and improve the academic achievement of 

6 young children; and 

7 ‘‘(4) may use any funds remaining after making 

8 the reservations under paragraphs (1) and (2) and 

9 carrying out paragraph (3) to provide technical as10 sistance to local educational agencies to support the 

11 design and implementation of a system to evaluate 

12 teachers and principals consistent with section 

13 2301(b)(4), including— 

14 ‘‘(A) developing and disseminating re15 search-based models and designing high-quality 

16 evaluation tools, such as classroom observation 

17 rubrics; 

18 ‘‘(B) developing and providing training for 

19 principals and other evaluators on how to evalu20 ate teachers in order to differentiate teacher 

21 performance accurately, provide useful feed22 back, and use evaluation results to inform deci23 sionmaking about professional development, im24 provement strategies, and personnel decisions; 


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1 ‘‘(C) developing methods, including train2 ing and auditing, for ensuring inter-rater reli3 ability of evaluation results; 

4 ‘‘(D) the appropriate collection, reporting, 

5 analysis, and use of evaluation data; and 

6 ‘‘(E) creating opportunities for teachers 

7 and principals to provide feedback on the qual8 ity and usefulness of the local educational agen9 cy’s evaluation system. 

10 ‘‘(b) OPTIONAL USES.— 

11 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

12 (a)(2), a State that receives a grant under section 

13 2111 may, from the funds available for the uses de14 scribed in such subsection (a)(2), use an amount 

15 equal to not more than 1 percent of the funds made 

16 available through the grant to establish, expand, or 

17 implement 1 or more teacher or principal prepara18 tion academies and to provide for a State authorizer, 

19 if— 

20 ‘‘(A) the State does not have in place legal, 

21 statutory, or regulatory barriers to the creation 

22 or operation of teacher or principal preparation 

23 academies; 

24 ‘‘(B) the State enables candidates attend25 ing a teacher or principal preparation academy 


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1 to be eligible for State financial aid to the same 

2 extent as participants in other State-approved 

3 teacher or principal preparation programs, in4 cluding alternative certification, licensure, or 

5 credential programs; 

6 ‘‘(C) the State enables teachers or prin7 cipals who are teaching or working while on al8 ternative certificates, licenses, or credentials to 

9 teach or work in the State while enrolled in a 

10 teacher or principal preparation academy; and 

11 ‘‘(D) the State will recognize a certificate 

12 of completion (from any teacher or principal 

13 preparation academy that is not, or is unaffili14 ated with, an institution of higher education), 

15 as at least the equivalent of a master’s degree 

16 in education for the purposes of hiring, reten17 tion, compensation, and promotion in the State. 

18 ‘‘(2) DEFINITIONS.—In this subsection: 

19 ‘‘(A) TEACHER OR PRINCIPAL PREPARA20 TION ACADEMY.—The term ‘teacher or prin21 cipal preparation academy’ means a public or 

22 other nonprofit institution that will prepare 

23 teachers or principals, or both, to serve in high24 need schools and that— 


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1 ‘‘(i) enters into an agreement with a 

2 State authorizer that specifies the goals ex3 pected of the institution, including— 

4 ‘‘(I) a requirement that— 

5 ‘‘(aa) teacher or principal 

6 candidates, or teachers teaching 

7 or principals serving on alter8 native certificates, licenses, or 

9 credentials, who are enrolled in 

10 the academy receive a significant 

11 part of their training through 

12 clinical preparation that partners 

13 candidates with mentor teachers 

14 or principals with a demonstrated 

15 track record of success in im16 proving student growth, including 

17 (where applicable) children with 

18 disabilities, children living in pov19 erty, and English learners; and 

20 ‘‘(bb) the academy will pro21 vide instruction to teacher can22 didates that links to the clinical 

23 preparation experience; 

24 ‘‘(II) the number of teachers or 

25 principals the academy will produce 


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1 and the minimum number and per2 centage of teachers or principals who 

3 will demonstrate success in improving 

4 student performance based on mul5 tiple measures (including student 

6 growth); 

7 ‘‘(III) a requirement that the 

8 teacher preparation component of the 

9 academy will only award a certificate 

10 of completion (or degree, if the acad11 emy is, or is affiliated with, an insti12 tution of higher education) after the 

13 graduate demonstrates a track record 

14 of success in improving student per15 formance based on multiple measures 

16 (including student growth), either as a 

17 student teacher or teacher-of-record 

18 on an alternative certificate, license, 

19 or credential; 

20 ‘‘(IV) a requirement that the 

21 principal preparation component of 

22 the academy will only award a certifi23 cate of completion (or degree, if the 

24 academy is, or is affiliated with, an 

25 institution of higher education) after 


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1 the graduate demonstrates a track 

2 record of success in improving student 

3 performance for some or all of a 

4 school’s students; and 

5 ‘‘(V) timelines for producing co6 horts of graduates and conferring cer7 tificates of completion (or degrees, if 

8 the academy is, or is affiliated with, 

9 an institution of higher education) 

10 from the academy; 

11 ‘‘(ii) shall not have unnecessary re12 strictions placed on the methods the acad13 emy will use to train teacher or principal 

14 candidates (or teachers or principals that 

15 are teaching or working while on alter16 native certificates, licenses, or credentials), 

17 including restrictions or requirements— 

18 ‘‘(I) obligating the faculty of the 

19 academy to hold advanced degrees, or 

20 prohibiting the faculty of the academy 

21 from holding advanced degrees; 

22 ‘‘(II) obligating such faculty to 

23 conduct academic research; 

24 ‘‘(III) related to the physical in25 frastructure of the academy; 


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1 ‘‘(IV) related to the number of 

2 course credits required as part of the 

3 program of study; 

4 ‘‘(V) related to the under5 graduate coursework completed by 

6 teachers teaching on alternative cer7 tificates, licenses, or credentials, as 

8 long as such teachers have success9 fully passed all relevant State-ap10 proved content area examinations; or 

11 ‘‘(VI) related to obtaining addi12 tional accreditation from a national 

13 accrediting body; and 

14 ‘‘(iii) limits admission to its program 

15 to candidates who demonstrate strong po16 tential to improve student achievement, 

17 based on a rigorous selection process that 

18 reviews a candidate’s prior academic 

19 achievement or record of professional ac20 complishment. 

21 ‘‘(B) STATE AUTHORIZER.—The term 

22 ‘State authorizer’ means an entity designated 

23 by the Governor of a State to recognize teacher 

24 or principal preparation academies within the 

25 State that— 


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1 ‘‘(i) enters into an agreement with a 

2 teacher or principal preparation academy 

3 that specifies the goals expected of the 

4 academy, as described in subparagraph 

5 (A)(i); 

6 ‘‘(ii) may be a nonprofit organization, 

7 State educational agency, or other public 

8 entity, or consortium of such entities (in9 cluding a consortium of States); and 

10 ‘‘(iii) does not reauthorize a teacher 

11 or principal preparation academy if the 

12 academy fails to produce the minimum 

13 number or percentage of effective teachers 

14 or principals, respectively, identified in the 

15 academy’s authorizing agreement. 

16 ‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Funds re17 ceived under this subpart shall be used to supplement, and 

18 not supplant, non-Federal funds that would otherwise be 

19 used for activities authorized under this subpart. 

20 ‘‘Subpart 2—Subgrants to Local Educational 

21 Agencies 

22 ‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN23 CIES. 

24 ‘‘(a) IN GENERAL.—The Secretary may make a grant 

25 to a State under subpart 1 only if the State educational 


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1 agency agrees to distribute the funds described in this sec2 tion as subgrants to local educational agencies under this 

3 subpart. 

4 ‘‘(b) ALLOCATIONS.— 

5 ‘‘(1) IN GENERAL.—From the total amount re6 served by a State under section 2113(a)(1) for a fis7 cal year, the State educational agency shall allocate 

8 to each of the eligible local educational agencies in 

9 the State for such fiscal year the sum of— 

10 ‘‘(A) an amount that bears the same rela11 tionship to 20 percent of the total amount re12 served as the number of individuals age 5 

13 through 17 in the geographic area served by the 

14 agency, as determined by the Secretary on the 

15 basis of the most recent satisfactory data, bears 

16 to the number of those individuals in the geo17 graphic areas served by all the local educational 

18 agencies in the State, as so determined; and 

19 ‘‘(B) an amount that bears the same rela20 tionship to 80 percent of the total amount re21 served as the number of individuals age 5 

22 through 17 from families with incomes below 

23 the poverty line in the geographic area served 

24 by the agency, as determined by the Secretary 

25 on the basis of the most recent satisfactory 


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1 data, bears to the number of those individuals 

2 in the geographic areas served by all the local 

3 educational agencies in the State, as so deter4 mined. 

5 ‘‘(2) HOLD HARMLESS.— 

6 ‘‘(A) IN GENERAL.—Notwithstanding para7 graph (1), the State educational agency shall 

8 allocate to each of the eligible local educational 

9 agencies in the State an amount that is not less 

10 than 90 percent of the allocation the eligible 

11 local educational agency received for the pre12 vious fiscal year under this part. 

13 ‘‘(B) RATABLE REDUCTION.—If insuffi14 cient funds are appropriated to allocate the 

15 amounts that all eligible local educational agen16 cies in the State are eligible to receive under 

17 subparagraph (A) for a fiscal year, the Sec18 retary shall ratably reduce those amounts for 

19 the fiscal year. 

20 ‘‘SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESS21 MENT. 

22 ‘‘(a) IN GENERAL.—To be eligible to receive a 

23 subgrant under this subpart, a local educational agency 

24 shall— 


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1 ‘‘(1) submit an application to the State edu2 cational agency at such time, in such manner, and 

3 containing such information as the State educational 

4 agency may reasonably require; and 

5 ‘‘(2) conduct, with the involvement of school 

6 staff and other stakeholders, as applicable, an as7 sessment of the needs of the local educational agency 

8 in the areas set forth under section 2141(b). 

9 ‘‘(b) CONTENTS.—Each application submitted under 

10 this section shall include the following: 

11 ‘‘(1) A description of the results of the needs 

12 assessment conducted under subsection (a)(2). 

13 ‘‘(2) A description of the performance measures 

14 and activities the local educational agency will use to 

15 address the needs identified in such assessment. 

16 ‘‘(3) If applicable, a description of how the local 

17 educational agency will improve or implement a rig18 orous, transparent, and fair evaluation system for 

19 teachers and principals consistent with section 

20 2301(b)(4). 

21 ‘‘(4) The local educational agency’s plan for 

22 using subgrant funds, and other Federal, State and 

23 local funds, to provide for the equitable distribution 

24 of teachers within the local educational agency con25 sistent with section 1111(b)(1)(K). 


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1 ‘‘SEC. 2123. LOCAL USE OF FUNDS. 

2 ‘‘(a) IN GENERAL.—A local educational agency that 

3 receives a subgrant under section 2121 shall use subgrant 

4 funds to increase student achievement for all students, in5 cluding English learners and students with disabilities, by 

6 carrying out 1 or more of the following activities: 

7 ‘‘(1) Developing and carrying out professional 

8 development, which may include joint professional 

9 development for teachers, principals, and other rel10 evant school staff with early childhood education and 

11 care program staff. 

12 ‘‘(2) Reducing class size for prekindergarten 

13 through grade 3, by an amount and to a level con14 sistent with what scientifically valid research has 

15 found to improve student achievement. 

16 ‘‘(3) Developing and implementing an induction 

17 program or a mentoring program. 

18 ‘‘(4) Developing and implementing, or improv19 ing, a teacher and principal evaluation system that 

20 is consistent with section 2301(b)(4). 

21 ‘‘(5) Increasing teacher capacity to evaluate 

22 student work and use student achievement data, 

23 which may include supporting the involvement of 

24 teachers in assessment scoring. 


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1 ‘‘(6) Recruiting, preparing, placing, supporting, 

2 developing, rewarding, and retaining high-quality 

3 teachers and principals, especially— 

4 ‘‘(A) teachers and principals in high-need 

5 schools and low-performing schools taking into 

6 consideration members of groups underrep7 resented in the teaching profession and the 

8 principalship; and 

9 ‘‘(B) teachers in high-need subjects or 

10 fields. 

11 ‘‘(7) Improving within-district equity in the dis12 tribution of teachers consistent with the require13 ments of section 1111(b)(1)(K). 

14 ‘‘(8) Enabling teachers to become certified as 

15 teachers in a high-need subject or field. 

16 ‘‘(9) Creating career ladders, which may include 

17 modifying the local educational agency’s policies and 

18 practices, to provide opportunities for high-quality 

19 teachers or paraprofessionals to advance or take on 

20 additional roles and responsibilities. 

21 ‘‘(10) Reforming the local educational agency’s 

22 system of compensating teachers and principals in 

23 order to— 

24 ‘‘(A) provide incentives to recruit and re25 tain high-quality principals and teachers in a 


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1 high-need subject or field, or who teach in or 

2 lead a high-need school or low-performing 

3 school; and 

4 ‘‘(B) reward high-quality teachers and 

5 principals for increasing student achievement or 

6 taking on additional roles and responsibilities. 

7 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Funds re8 ceived under this subpart shall be used to supplement, and 

9 not supplant, non-Federal funds that would otherwise be 

10 used for activities authorized under this subpart. 

11 ‘‘Subpart 3—National Leadership Activities 

12 ‘‘SEC. 2131. NATIONAL LEADERSHIP ACTIVITIES. 

13 ‘‘From the funds made available to carry out this 

14 part for a fiscal year, the Secretary is authorized to set 

15 aside not more than 1 percent to carry out the following 

16 activities related to the purpose of this part: 

17 ‘‘(1) Research and development. 

18 ‘‘(2) Technical assistance. 

19 ‘‘(3) Outreach and dissemination activities di20 rectly or through grants, contracts, or cooperative 

21 agreements. 

22 ‘‘Subpart 4—Accountability 

23 ‘‘SEC. 2141. ACCOUNTABILITY. 

24 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) STATE REPORT.—Each State that receives 

2 a grant under subpart 1 shall annually submit to the 

3 Secretary, in a manner prescribed by the Secretary, 

4 and make public, a State Report on program per5 formance and results under such grant. Such State 

6 Report shall provide the information required under 

7 subsection (b). 

8 ‘‘(2) LOCAL EDUCATIONAL AGENCY REPORT.— 

9 Each local educational agency that receives a 

10 subgrant under subpart 2 shall annually submit to 

11 the State, in a manner prescribed by the State, and 

12 make public, a Local Educational Agency Report on 

13 program performance and results under such 

14 subgrant. Such Local Educational Agency Report 

15 shall provide the information required under sub16 section (b). 

17 ‘‘(3) FERPA COMPLIANCE.—Each State and 

18 local educational agency that submits a report in 

19 compliance with this subsection shall collect, report, 

20 and disseminate information contained in such re21 port in compliance with section 444 of the General 

22 Education Provisions Act (20 U.S.C. 1232g, com23 monly known as the ‘Family Educational Rights and 

24 Privacy Act of 1974’). 


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1 ‘‘(4) TEACHER AND PRINCIPAL PRIVACY.—No 

2 State or local educational agency shall publicly re3 port information in compliance with this subsection 

4 in a case in which the results would reveal personally 

5 identifiable information about an individual teacher 

6 or principal. 

7 ‘‘(b) INFORMATION.—Each State Report and Local 

8 Educational Agency Report shall contain, as appro9 priate— 

10 ‘‘(1) the number of teachers in the State and 

11 local educational agency teaching under a provisional 

12 license due to not having passed all required State 

13 licensure tests for 1, 2, and 3 or more school years; 

14 and 

15 ‘‘(2) data, by teacher preparation program 

16 within the State, on the student achievement data of 

17 students taught by such program’s graduates. 

18 ‘‘Subpart 5—Principal Recruitment and Training 

19 ‘‘SEC. 2151. PRINCIPAL RECRUITMENT AND TRAINING 

20 GRANT PROGRAM. 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) CURRENT PRINCIPAL.—The term ‘current 

23 principal’ means an individual who, as of the date of 

24 the determination of participation in a program 


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1 under this section, is employed as a principal or has 

2 been employed as a principal. 

3 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en4 tity’ means— 

5 ‘‘(A) a local educational agency that serves 

6 an eligible school or a consortium of such agen7 cies; 

8 ‘‘(B) a State educational agency or a con9 sortium of such agencies; 

10 ‘‘(C) a State educational agency in part11 nership with 1 or more local educational agen12 cies that serve an eligible school; 

13 ‘‘(D) an entity described in subparagraphs 

14 (A), (B), or (C) in partnership with 1 or more 

15 nonprofit organizations or institutions of higher 

16 education; or 

17 ‘‘(E) an institution of higher education or 

18 a nonprofit organization, if the institution or 

19 nonprofit organization can demonstrate a 

20 record of— 

21 ‘‘(i) preparing principals who have 

22 been able to improve student achievement 

23 substantially; and 

24 ‘‘(ii) placing a significant percentage 

25 of such principals in eligible schools. 


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1 ‘‘(3) ELIGIBLE SCHOOL.—The term ‘eligible 

2 school’ means a public school, including a public 

3 charter school, that meets 1 or more of the following 

4 criteria: 

5 ‘‘(A) Is a high-need school. 

6 ‘‘(B) Is a persistently low-achieving school, 

7 as described in section 1116. 

8 ‘‘(C) Is an achievement gap school, as de9 scribed in section 1116. 

10 ‘‘(D) In the case of a public school con11 taining middle grades, feeds into a public high 

12 school that has less than a 60 percent gradua13 tion rate. 

14 ‘‘(E) Is a rural school served by a local 

15 educational agency that is eligible to receive as16 sistance under part B of title VI. 

17 ‘‘(4) MIDDLE GRADE.—The term ‘middle grade’ 

18 means any of grades 5 through 8. 

19 ‘‘(5) SCHOOL-LEVEL STUDENT OUTCOMES.— 

20 The term ‘school-level student outcomes’ means, at 

21 the whole school level and for each subgroup of stu22 dents described in section 1111(a)(2)(B)(ix) served 

23 by the school— 

24 ‘‘(A) student academic achievement and 

25 student growth; and 


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1 ‘‘(B) additional outcomes, including, at the 

2 high school level, graduation rates and the per3 centage of students taking college-level 

4 coursework. 

5 ‘‘(b) PROGRAM AUTHORIZED.— 

6 ‘‘(1) PRINCIPAL RECRUITMENT AND TRAINING

7 GRANT PROGRAM.—The Secretary shall award 

8 grants to eligible entities to enable such entities to 

9 recruit, prepare, place, and support principals in eli10 gible schools. 

11 ‘‘(2) DURATION.— 

12 ‘‘(A) IN GENERAL.— 

13 ‘‘(i) NOT MORE THAN 5 YEAR DURA14 TION.—A grant awarded under this section 

15 shall be not more than 5 years in duration. 

16 ‘‘(ii) RENEWAL.—The Secretary 

17 may— 

18 ‘‘(I) renew a grant awarded 

19 under this section based on perform20 ance; and 

21 ‘‘(II) in renewing a grant under 

22 subclause (I), award the grantee in23 creased funding to scale up or rep24 licate the grantee’s program. 


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1 ‘‘(B) PERFORMANCE.—In evaluating per2 formance for purposes of subparagraph 

3 (A)(ii)(I)— 

4 ‘‘(i) the Secretary’s primary consider5 ation shall be the extent to which the prin6 cipals recruited, prepared, placed, or sup7 ported by the grantee have improved 

8 school-level student outcomes in eligible 

9 schools; and 

10 ‘‘(ii) the Secretary shall also consider 

11 the percentage of program graduates— 

12 ‘‘(I) who become principals in eli13 gible schools; 

14 ‘‘(II) who remain principals in el15 igible schools for multiple years; and 

16 ‘‘(III) who are highly rated prin17 cipals under a teacher and principal 

18 evaluation system described in section 

19 2301(b)(4), if applicable. 

20 ‘‘(c) APPLICATION AND SELECTION CRITERIA.— 

21 ‘‘(1) APPLICATION.—An eligible entity that de22 sires a grant under this section shall submit to the 

23 Secretary an application at such time, in such man24 ner, and accompanied by such information as the 

25 Secretary may require. 


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1 ‘‘(2) SELECTION CRITERIA.—In awarding 

2 grants under this section, the Secretary shall con3 sider— 

4 ‘‘(A) the extent to which the entity has the 

5 capacity to implement the activities described in 

6 subsection (e) that the entity proposes to imple7 ment; 

8 ‘‘(B) the extent to which the entity has a 

9 demonstrated record of effectiveness or an evi10 denced-based plan for preparing principals to 

11 improve school-level student outcomes in eligible 

12 schools; 

13 ‘‘(C) the extent to which the entity has a 

14 demonstrated record of effectiveness or an evi15 dence-based plan for providing principals 

16 trained by the entity with the guidance, sup17 port, and tools they need to improve school-level 

18 student outcomes in eligible schools, including 

19 providing principals with resources, such as 

20 funding to ensure supports for quality teaching, 

21 and decisionmaking authority over areas such 

22 as personnel, budget, curriculum, or scheduling; 

23 and 

24 ‘‘(D) the likelihood of the entity sustaining 

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1 vided under this section, which other funds may 

2 include funds provided under this title other 

3 than this section, once the grant is no longer 

4 available to the entity. 

5 ‘‘(d) AWARDING GRANTS.— 

6 ‘‘(1) PRIORITY.—In awarding grants under this 

7 section, the Secretary shall give priority to an eligi8 ble entity with a record of preparing or developing 

9 principals who— 

10 ‘‘(A) have improved school-level student 

11 outcomes; 

12 ‘‘(B) have become principals in eligible 

13 schools; 

14 ‘‘(C) remain principals in eligible schools 

15 for multiple years; and 

16 ‘‘(D) are highly rated principals under a 

17 teacher and principal evaluation system de18 scribed in section 2301(b)(4), if applicable. 

19 ‘‘(2) GRANTS FOR RURAL SCHOOLS AND LOW20 EST PERFORMING SCHOOLS.—In awarding grants 

21 under this section, the Secretary shall, consistent 

22 with the quality of applications— 

23 ‘‘(A) award not less than 1 grant to an eli24 gible entity that intends to establish a program 

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1 cipals and other school leaders for rural schools; 

2 and 

3 ‘‘(B) award not less than 1 grant to an eli4 gible entity that intends to establish a program 

5 to train and support principals and other school 

6 leaders to lead reform efforts in persistently 

7 low-achieving schools in a State or more than 1 

8 State, as determined under section 1116. 

9 ‘‘(3) REFORM EFFORTS.—An eligible entity 

10 that receives a grant under this section to carry out 

11 a program described in paragraph (2)(B)— 

12 ‘‘(A) during the first year of the grant, 

13 shall use grant funds— 

14 ‘‘(i) to bring together experts and 

15 stakeholders who are committed to dra16 matic and effective reform of persistently 

17 low-achieving schools who can provide 

18 input about what the evidence base shows 

19 regarding effective school leadership in 

20 such schools; 

21 ‘‘(ii) to collect and develop, in con22 sultation with experts and stakeholders, a 

23 core body of knowledge regarding effective 

24 school reform leadership in persistently 


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1 low-achieving schools, which is evidence 

2 based; and 

3 ‘‘(iii) to develop, drawing on the core 

4 body of knowledge developed in clause (ii), 

5 a leadership training program for prin6 cipals, mentors, and other school leaders, 

7 to prepare and support the principals, 

8 mentors, and leaders to lead effective 

9 school reform efforts in persistently low10 achieving schools; and 

11 ‘‘(B) during each year of the grant after 

12 the first year, shall use grant funds— 

13 ‘‘(i) to carry out the leadership train14 ing program described in subparagraph 

15 (A)(iii); 

16 ‘‘(ii) to ensure that the leadership 

17 training program described in subpara18 graph (A)(iii) is informed, on an ongoing 

19 basis, by consultation with experts and 

20 stakeholders, and by the program’s track21 ing of the performance of its graduates in 

22 leading school reform efforts in persistently 

23 low-achieving schools; 


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1 ‘‘(iii) to select cohorts of experienced 

2 principals to lead school reform efforts in 

3 persistently low-achieving schools; 

4 ‘‘(iv) to provide support for, and en5 courage interaction among, cohorts of prin6 cipals after completion of the leadership 

7 training program described in subpara8 graph (A)(iii); and 

9 ‘‘(v) to disseminate information to 

10 principals, mentors, and other school lead11 ers engaging in reform efforts in persist12 ently low-achieving schools. 

13 ‘‘(e) ACTIVITIES.—Each eligible entity that receives 

14 a grant under this section shall use grant funds to carry 

15 out the following: 

16 ‘‘(1) To recruit and select, using rigorous, com17 petency-based, selection criteria, and train and sup18 port a diverse group of aspiring or current prin19 cipals, or both, for work in eligible schools. 

20 ‘‘(2) Tracking participants to determine if such 

21 individuals are attaining, or have attained, the com22 petencies needed to complete the training and enter 

23 into an effective leadership role, and provide coun24 seling and, if appropriate, separation, to participants 


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1 who the entity determines will not attain, or have 

2 not attained, those competencies. 

3 ‘‘(3) If the eligible entity provides a program 

4 for aspiring principals, providing such aspiring prin5 cipals with— 

6 ‘‘(A) a pre-service residency that is not less 

7 than 1 year in length, and that includes coach8 ing from a mentor principal, and instructional 

9 leadership and organizational management ex10 perience; 

11 ‘‘(B) focused coursework on instructional 

12 leadership, organizational management, and the 

13 use of a variety of data for purposes of— 

14 ‘‘(i) instruction; 

15 ‘‘(ii) evaluation and development of 

16 teachers; and 

17 ‘‘(iii) development of highly effective 

18 school organizations; and 

19 ‘‘(C) ongoing support, mentoring, and pro20 fessional development for not less than 2 years 

21 after the aspiring principals complete the resi22 dency and commence work as school leaders. 

23 ‘‘(4) To train mentors for principals who are 

24 serving or who wish to serve in eligible schools or for 


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1 aspiring principals who wish to serve in such eligible 

2 schools, or for both. 

3 ‘‘(5) Providing differentiated training to partici4 pants in competencies that evidence shows are crit5 ical to improving school-level student outcomes in el6 igible schools, such as— 

7 ‘‘(A) recruiting, training, supervising, sup8 porting, and evaluating teachers and other 

9 staff; 

10 ‘‘(B) developing teams of effective school 

11 staff, and distributing among members of such 

12 teams responsibilities for leading and improving 

13 their schools; 

14 ‘‘(C) where applicable for participants serv15 ing elementary schools, offering high-quality 

16 early childhood education to the students such 

17 participants are serving and facilitating the 

18 transition of children from early learning set19 tings to elementary school; 

20 ‘‘(D) setting high expectations for student 

21 achievement; 

22 ‘‘(E) addressing the unique needs of spe23 cific student populations served, such as stu24 dents with disabilities, students who are 


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1 English learners, and students who are home2 less or in foster care; 

3 ‘‘(F) managing budget resources and 

4 school time to support high-quality instruction 

5 and improvements in student achievement, such 

6 as by extending the school day and year and 

7 providing common planning time to teachers 

8 and staff; and 

9 ‘‘(G) working effectively with students’ 

10 parents and other members of the community. 

11 ‘‘(6) Delivering high-quality, differentiated, 

12 school-level support services and training to current 

13 principals of eligible schools, if the eligible entity 

14 provides a program for current principals, or during 

15 the period described in paragraph (3)(C) to individ16 uals who have completed the aspiring principal resi17 dency, if the eligible entity provides a program for 

18 aspiring principals, to help meet the specific needs 

19 of the eligible schools they serve, which may in20 clude— 

21 ‘‘(A) training and support for the design of 

22 school-wide improvement plans based on the di23 agnosis of school conditions and needs informed 

24 by data and analysis of classroom and school 

25 practices; and 


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1 ‘‘(B) support in organizing and training 

2 the teams described in paragraph (5)(B). 

3 ‘‘(7) Making available any training materials 

4 funded under the grant, such as syllabi, assign5 ments, or selection rubrics, to the Department for 

6 public dissemination. 

7 ‘‘(8) Tracking the effectiveness of the program 

8 based on, at a minimum— 

9 ‘‘(A) school-level student outcomes at the 

10 schools where program graduates have served 

11 as principals; 

12 ‘‘(B) the percentage of program graduates 

13 who become principals in eligible schools; 

14 ‘‘(C) the percentage of program graduates 

15 who remain principals in eligible schools for 

16 multiple years; and 

17 ‘‘(D) the percentage of program graduates 

18 who are highly rated under a teacher and prin19 cipal evaluation system described in section 

20 2301(b)(4), if applicable. 

21 ‘‘(9) Using the data on the effectiveness of the 

22 program for, among other purposes, the continuous 

23 improvement of the program. 

24 ‘‘(f) ANNUAL REPORT.—An eligible entity that re25 ceives a grant under this section shall submit an annual 


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1 report, beginning in the third year of the grant, to the 

2 Secretary regarding— 

3 ‘‘(1) school-level student outcomes resulting 

4 from implementation of the grant activities; and 

5 ‘‘(2) data on— 

6 ‘‘(A) the percentage of program graduates 

7 who become principals in eligible schools; 

8 ‘‘(B) the percentage of graduates who re9 main principals in eligible schools for multiple 

10 years; and 

11 ‘‘(C) the percentage of program graduates 

12 who are highly rated under a teacher and prin13 cipal evaluation system described in section 

14 2301(b)(4), if applicable. 

15 ‘‘(g) MATCHING REQUIREMENT.— 

16 ‘‘(1) MATCHING REQUIREMENT.— 

17 ‘‘(A) IN GENERAL.—An eligible entity that 

18 receives a grant under this section shall con19 tribute annually to the activities assisted under 

20 such grant matching funds in an amount equal 

21 to not less than 20 percent of the amount of 

22 the grant from non-Federal sources. 

23 ‘‘(B) MATCHING FUNDS.—The matching 

24 funds requirement under subparagraph (A) may 

25 be met by— 


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1 ‘‘(i) contributions that are in cash or 

2 in-kind, fairly evaluated; and 

3 ‘‘(ii) payments of a salary or stipend 

4 to an aspiring principal during the aspiring 

5 principal’s residency year. 

6 ‘‘(2) WAIVER.—The Secretary may waive or re7 duce the matching requirement under paragraph (1) 

8 if the eligible entity demonstrates a need for such 

9 waiver or reduction due to financial hardship. 

10 ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

11 provided under this section shall be used to supplement, 

12 and not supplant, any other Federal, State, or local funds 

13 otherwise available to carry out the activities described in 

14 this section. 

15 ‘‘(i) EVALUATION AND DISSEMINATION OF BEST

16 PRACTICES.—In accordance with section 9601, the Sec17 retary shall— 

18 ‘‘(1) carry out an evaluation of programs fund19 ed under this section; and 

20 ‘‘(2) identify and disseminate research and best 

21 practices related to such programs. 

22 ‘‘(j) REPORT TO CONGRESS.—Not later than 5 years 

23 after the date of enactment of the Elementary and Sec24 ondary Education Reauthorization Act of 2011, the Sec25 retary shall submit a report to the Committee on Health, 


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1 Education, Labor, and Pensions of the Senate, the Com2 mittee on Appropriations of the Senate, the Committee on 

3 Education and the Workforce of the House of Representa4 tives, and the Committee on Appropriations of the House 

5 of Representatives on lessons learned through programs 

6 funded with grants awarded under this section. 

7 ‘‘PART B—TEACHER PATHWAYS TO THE 

8 CLASSROOM 

9 ‘‘SEC. 2201. TEACHER PATHWAYS. 

10 ‘‘(a) PURPOSE.—It is the purpose of this section to 

11 support the recruitment, selection, preparation, place12 ment, retention, and support of teachers in high-need sub13 jects or fields who will improve student academic achieve14 ment and student outcomes at high-needs schools. 

15 ‘‘(b) DEFINITIONS.—In this section: 

16 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en17 tity’ means— 

18 ‘‘(A) a partnership of— 

19 ‘‘(i) 1 or more institutions of higher 

20 education or nonprofit organizations; and 

21 ‘‘(ii) a high-need local educational 

22 agency and 1 or more other local edu23 cational agencies or State educational 

24 agencies; or 


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1 ‘‘(B) an institution of higher education or 

2 a nonprofit organization that can demonstrate a 

3 record of— 

4 ‘‘(i) preparing teachers who are suc5 cessful in improving student achievement; 

6 and 

7 ‘‘(ii) placing a significant percentage 

8 of those teachers in high-need schools. 

9 ‘‘(2) TEACHER IN A HIGH-NEED SUBJECT OR

10 FIELD.—The term ‘teacher in a high-need subject or 

11 field’ means a teacher of— 

12 ‘‘(A) students with disabilities; 

13 ‘‘(B) English learners; 

14 ‘‘(C) mathematics; or 

15 ‘‘(D) science. 

16 ‘‘(c) AUTHORIZATION OF GRANT AWARDS.—The Sec17 retary shall award grants to eligible entities to pay for the 

18 Federal share of the cost of carrying out the activities de19 scribed in this section. 

20 ‘‘(d) APPLICATIONS.—An eligible entity that desires 

21 to receive a grant under this section shall submit an appli22 cation to the Secretary at such time, in such manner, and 

23 accompanied by such information as the Secretary may 

24 require. 


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1 ‘‘(e) CONSIDERATIONS.—In awarding grants under 

2 this section, the Secretary shall consider the geographic 

3 diversity of the eligible entities, including the distribution 

4 of grants among urban, suburban, and rural areas. 

5 ‘‘(f) PRIORITY.—In awarding grants under this sec6 tion, the Secretary shall give priority to applicants that 

7 demonstrate a record of— 

8 ‘‘(1) recruiting college undergraduates, recent 

9 college graduates, graduate students, and profes10 sionals with a demonstrated history of significant 

11 academic achievement to become teachers; 

12 ‘‘(2) recruiting and selecting candidates who 

13 are members of groups underrepresented in the 

14 teaching profession; and 

15 ‘‘(3) preparing teachers who consistently im16 prove student academic achievement at high-need 

17 schools. 

18 ‘‘(g) REQUIRED USE OF FUNDS.—An eligible entity 

19 that receives a grant under this section shall use the grant 

20 funds for the following: 

21 ‘‘(1) To recruit, select, prepare, place, retain, 

22 and support teachers for high-need schools and 

23 teachers in high-need subjects or fields. 

24 ‘‘(2) To prepare all teachers to teach students 

25 with disabilities and English language learners. 


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1 ‘‘(3) To prepare teachers in classroom manage2 ment, instructional planning and delivery, learning 

3 theory and cognitive development, literacy develop4 ment, and student assessment. 

5 ‘‘(4) To provide school-based, clinical experience 

6 at a high-need school that includes observation of 

7 and feedback on teacher candidates’ teaching. 

8 ‘‘(5) To provide ongoing mentoring and sup9 port, which may include coursework, for participants 

10 for at least 1 school year. 

11 ‘‘(h) PERMISSIBLE USE OF GRANT FUNDS.—An eli12 gible entity that receives a grant under this section may 

13 use the grant funds to provide financial stipends for teach14 er candidates who are not the teacher of record. 

15 ‘‘(i) PERFORMANCE AND GRANT RENEWAL.— 

16 ‘‘(1) TRACKING PERFORMANCE.—An eligible 

17 entity that receives a grant under this section 

18 shall— 

19 ‘‘(A) track the placement rate, retention 

20 rate, and performance in improving student 

21 academic achievement of teachers recruited and 

22 prepared by programs funded by the grant; and 

23 ‘‘(B) submit data on such performance to 

24 the Secretary. 


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1 ‘‘(2) CONDITIONS FOR GRANT RENEWAL.—The 

2 Secretary shall evaluate the information submitted 

3 under paragraph (1) and renew a grant awarded 

4 under this section only if the data indicate the 

5 teachers are successful in improving student aca6 demic achievement. 

7 ‘‘(j) FISCAL AGENT.—The fiscal agent for an eligible 

8 entity that receives a grant under this section may be a 

9 local educational agency, State educational agency, insti10 tution of higher education, or nonprofit organization that 

11 is a partner in the eligible entity. 

12 ‘‘(k) MATCHING REQUIREMENTS.— 

13 ‘‘(1) FEDERAL SHARE.—Except as provided in 

14 paragraph (2)(B), the Federal share for this section 

15 shall be a percentage of the cost of the activities as16 sisted under the grant as determined by the Sec17 retary. 

18 ‘‘(2) NON-FEDERAL SHARE.— 

19 ‘‘(A) IN GENERAL.—The non-Federal 

20 share provided by an eligible entity receiving a 

21 grant under this section shall be a percentage 

22 of the cost of the activities assisted under the 

23 grant as determined by the Secretary. The non24 Federal share may include in-kind contribu25 tions. 


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1 ‘‘(B) SPECIAL RULE.—The Secretary may 

2 waive or reduce the amount of the non-Federal 

3 share described in subparagraph (A) for any 

4 fiscal year if the eligible entity demonstrates to 

5 the Secretary that the funds needed to carry 

6 out that subparagraph are unavailable due to 

7 economic hardship, as determined by the Sec8 retary. 

9 ‘‘(l) EVALUATION.—The Director of the Institute of 

10 Education Sciences shall— 

11 ‘‘(1) evaluate the implementation and impact of 

12 the program under this section; 

13 ‘‘(2) identify best practices for recruiting, se14 lecting, preparing, placing, retaining, and supporting 

15 teachers in high-need subjects or fields for high-need 

16 schools; and 

17 ‘‘(3) disseminate research on best practices. 

18 ‘‘PART C—TEACHER INCENTIVE FUND PROGRAM 

19 ‘‘SEC. 2301. PURPOSES; DEFINITIONS. 

20 ‘‘(a) PURPOSES.—The purposes of this part are to 

21 assist States, local educational agencies, and nonprofit or22 ganizations to develop, implement, improve, or expand— 

23 ‘‘(1) comprehensive performance-based com24 pensation systems for teachers, principals, and 

25 schools that raise student academic achievement and 


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1 close the achievement gap, especially for teachers 

2 and principals in high-need schools; and 

3 ‘‘(2) rigorous, transparent, and fair teacher and 

4 principal evaluation systems. 

5 ‘‘(b) DEFINITIONS.—Except as otherwise provided, in 

6 this part: 

7 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en8 tity’ means— 

9 ‘‘(A) a local educational agency or a con10 sortium of local educational agencies, including 

11 a charter school that is a local educational 

12 agency; 

13 ‘‘(B) a State educational agency, or other 

14 State agency designated by the chief executive 

15 of a State to participate under this subpart; or 

16 ‘‘(C) a nonprofit or for-profit organization, 

17 which may include an institution of higher edu18 cation, in partnership with an entity described 

19 in subparagraph (A) or (B). 

20 ‘‘(2) PERFORMANCE-BASED COMPENSATION

21 SYSTEM.—The term ‘performance-based compensa22 tion system’ means a system of compensation for 

23 teachers and principals that— 


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1 ‘‘(A) differentiates levels of compensation 

2 primarily on the basis of measurable increases 

3 in student academic achievement; and 

4 ‘‘(B) may include— 

5 ‘‘(i) differentiated levels of compensa6 tion on the basis of effective teachers’ and 

7 principals’ employment and success in 

8 hard-to-staff schools or high-need subject 

9 areas; and 

10 ‘‘(ii) recognition of the skills and 

11 knowledge of teachers and principals, as 

12 demonstrated through— 

13 ‘‘(I) successful fulfillment of ad14 ditional responsibilities or job func15 tions; and 

16 ‘‘(II) evidence of high achieve17 ment and mastery of content knowl18 edge and superior teaching skills. 

19 ‘‘(3) STUDENT ACADEMIC ACHIEVEMENT.—In 

20 this subsection, the term ‘student academic achieve21 ment’ means— 

22 ‘‘(A) for grades and subjects for which 

23 there are assessments, as described in section 

24 1111(a)(2), a student’s results from the State’s 


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1 assessments under such section or other state2 wide assessments; and 

3 ‘‘(B) other measures of a student’s learn4 ing and performance, such as end-of-course 

5 tests, and other measures that are rigorous and 

6 comparable across schools in a school district 

7 and that are aligned with the State academic 

8 content standards and student academic 

9 achievement standards under section 

10 1111(a)(1). 

11 ‘‘(4) TEACHER AND PRINCIPAL EVALUATION

12 SYSTEM.—The term ‘teacher and principal evalua13 tion system’ means a system for evaluating the per14 formance of teachers and principals that— 

15 ‘‘(A) provides meaningful feedback to 

16 teachers and principals on the results of their 

17 evaluation; 

18 ‘‘(B) establishes multiple categories of 

19 teacher and principal performance; 

20 ‘‘(C) evaluates teachers and principals reg21 ularly consistent with research and best prac22 tice, including multiple measures; 

23 ‘‘(D) is used to inform decisions about pro24 fessional development; 


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1 ‘‘(E) is developed and implemented with 

2 teacher and principal involvement; 

3 ‘‘(F) is regularly reviewed to ensure that 

4 the evaluation provides meaningful differentia5 tion and is aligned with student academic 

6 achievement results; 

7 ‘‘(G) provides training for the evaluators 

8 who are responsible for conducting classroom 

9 observations; 

10 ‘‘(H) for teachers— 

11 ‘‘(i) shall be based in significant part 

12 on evidence of improved student academic 

13 achievement; 

14 ‘‘(ii) shall include observations of 

15 classroom teaching; and 

16 ‘‘(iii) may include other measures of 

17 student academic achievement and teacher 

18 performance; and 

19 ‘‘(I) for principals— 

20 ‘‘(i) shall be based in significant part 

21 on evidence of improved student academic 

22 achievement and student outcomes; 

23 ‘‘(ii) shall be based on evidence of pro24 viding strong instructional leadership and 

25 support to teachers and other staff; and 


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1 ‘‘(iii) may include other measures of 

2 principal performance such as parent and 

3 family engagement. 

4 ‘‘SEC. 2302. TEACHER INCENTIVE FUND GRANTS. 

5 ‘‘(a) IN GENERAL.—From the amounts appropriated 

6 to carry out this part, the Secretary is authorized to award 

7 grants, on a competitive basis, to eligible entities to enable 

8 the eligible entities to develop, implement, improve, or ex9 pand performance-based compensation systems and teach10 er and principal evaluation systems in a school served by 

11 a project under this part. 

12 ‘‘(b) PRIORITY.—In awarding a grant under this 

13 part, the Secretary shall give priority to an eligible entity 

14 that concentrates the proposed activities with respect to 

15 teachers and principals serving in high-need schools. 

16 ‘‘(c) APPLICATIONS.—To be eligible to receive a grant 

17 under this part, an eligible entity shall submit an applica18 tion to the Secretary, at such time and in such manner 

19 as the Secretary may reasonably require. The application 

20 shall include, as applicable— 

21 ‘‘(1) a description of the performance-based 

22 compensation system and teacher and principal eval23 uation system that the eligible entity proposes to de24 velop, implement, improve, or expand; 


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1 ‘‘(2) a description and evidence of the support 

2 and commitment, from teachers and principals in 

3 the school to be served by the project, the commu4 nity, including community-based organizations, and 

5 the local educational agencies, for the performance6 based compensation system and teacher and prin7 cipal evaluation system, including a demonstration 

8 of consultation with teachers and principals in the 

9 design and development of the proposal; 

10 ‘‘(3) a description of how the eligible entity will 

11 develop and implement a fair, rigorous, and objective 

12 process to evaluate teacher, principal, and student 

13 performance under the project, including the base14 line performance against which evaluations of im15 proved performance will be made; 

16 ‘‘(4) a description of the local educational agen17 cy or school to be served by the project, including 

18 such student academic achievement, demographic, 

19 and socioeconomic information as the Secretary may 

20 request; 

21 ‘‘(5) a description of the quality of teachers and 

22 principals in the local educational agency and the 

23 schools to be served by the project and how the 

24 project will increase the quality of teachers and prin25 cipals in a high-need school; 


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1 ‘‘(6) a description of how the eligible entity will 

2 use grant funds under this part in each year of the 

3 grant; 

4 ‘‘(7) a description of how the eligible entity will 

5 continue funding and carrying out the performance6 based compensation system and teacher and prin7 cipal evaluation system after the grant period ends; 

8 ‘‘(8) a description of the State, local, or other 

9 public or private funds that will be used to supple10 ment the grant and sustain the activities assisted 

11 under the grant at the end of the grant period; and 

12 ‘‘(9) a description of the rationale and evidence 

13 for the proposed activities and of any prior experi14 ence of the eligible entity in developing and imple15 menting such activities. 

16 ‘‘(d) USE OF FUNDS.— 

17 ‘‘(1) IN GENERAL.—An eligible entity that re18 ceives a grant under this part shall use grant funds 

19 to carry out, in collaboration with teachers, prin20 cipals, other school administrators, and members of 

21 the public, activities authorized under paragraph (2) 

22 that are designed to develop, implement, improve, or 

23 expand, consistent with this part— 

24 ‘‘(A) a performance-based compensation 

25 system; and 


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1 ‘‘(B) a teacher and principal evaluation 

2 system. 

3 ‘‘(2) AUTHORIZED ACTIVITIES.—An eligible en4 tity receiving a grant under this part shall use grant 

5 funds for the following activities: 

6 ‘‘(A) Developing or improving teacher and 

7 principal evaluation systems that reflect clear 

8 and fair measures of teacher and principal per9 formance. 

10 ‘‘(B) Paying, as part of a comprehensive 

11 performance-based compensation system, bo12 nuses, and increased salaries, if the eligible en13 tity uses an increasing share of non-Federal 

14 funds to pay the bonuses and increased salaries 

15 each year of the grant, to teachers and prin16 cipals who— 

17 ‘‘(i) have demonstrated effectiveness 

18 in raising student academic achievement; 

19 ‘‘(ii) work in high-need schools; or 

20 ‘‘(iii) work in a high-need subject, 

21 field, or geographic area. 

22 ‘‘(C) Conducting outreach within a local 

23 educational agency or a State to gain input on 

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1 uation system and to develop support for such 

2 system. 

3 ‘‘(e) DURATION OF GRANTS.— 

4 ‘‘(1) IN GENERAL.—The Secretary may award 

5 a grant under this part for a period of not more 

6 than 5 years. 

7 ‘‘(2) LIMITATION.—A local educational agency 

8 may receive (whether individually or as part of a 

9 consortium or partnership) a grant under this part 

10 only once. 

11 ‘‘(f) EQUITABLE DISTRIBUTION.—To the extent 

12 practicable, the Secretary shall ensure an equitable geo13 graphic distribution of grants under this part, including 

14 the distribution between rural and urban areas. 

15 ‘‘(g) MATCHING REQUIREMENT.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), each eligible entity that receives a grant 

18 under this part shall provide, over the course of the 

19 grant period, an increasing share of matching funds 

20 (which may be provided in cash or in kind) to carry 

21 out activities supported by the grant. 

22 ‘‘(2) WAIVER.—The Secretary may waive the 

23 matching requirement under paragraph (1) for an 

24 eligible entity— 


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1 ‘‘(A) that consists of a high-need local edu2 cational agency; or 

3 ‘‘(B) that is located in a rural area. 

4 ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

5 provided under this part shall be used to supplement, not 

6 supplant, other Federal, State, or local funds available to 

7 carry out the activities described in this part. 

8 ‘‘PART D—ACHIEVEMENT THROUGH 

9 TECHNOLOGY AND INNOVATION 

10 ‘‘SEC. 2401. SHORT TITLE. 

11 ‘‘This part may be cited as the ‘Achievement Through 

12 Technology and Innovation Act of 2011’ or the ‘ATTAIN 

13 Act’. 

14 ‘‘SEC. 2402. PURPOSES AND GOALS. 

15 ‘‘The purposes and goals of this part are— 

16 ‘‘(1) to ensure that through effective and inno17 vative uses of technology that every student has ac18 cess to personalized, rigorous, and relevant learning 

19 to meet the goals of this Act to raise student 

20 achievement, close the achievement gap, and ensure 

21 highly effective teaching, and to prepare all students 

22 to be technology literate and on track to college and 

23 career readiness for the 21st century digital econ24 omy; 


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1 ‘‘(2) to evaluate, build upon, and increase the 

2 use of evidence-based and innovative systemic edu3 cation transformations that center on the use of 

4 technology that leads to school improvement, im5 proved productivity, and increased student achieve6 ment; 

7 ‘‘(3) to ensure that all educators are connected 

8 in an ongoing manner to technology-based and on9 line resources and supports, including through en10 hanced ongoing, meaningful professional develop11 ment to ensure that— 

12 ‘‘(A) all educators are technology literate 

13 and effectively use technology to improve in14 struction; and 

15 ‘‘(B) education administrators possess the 

16 capacity to— 

17 ‘‘(i) provide leadership in the use of 

18 technology for systemic education trans19 formation; and 

20 ‘‘(ii) improve educational productivity; 

21 ‘‘(4) to improve student engagement, oppor22 tunity, attendance, graduation rates, and technology 

23 access through enhanced or redesigned curriculum 

24 or instruction; 


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1 ‘‘(5) to more effectively collect and use student 

2 performance and other data in a timely manner to 

3 inform instruction, address individualized student 

4 needs, support school decisionmaking, and support 

5 school improvement and increased student achieve6 ment, including through delivery of computer-based 

7 and online assessments; 

8 ‘‘(6) to enhance the use of technology, online 

9 and blended learning for systemic education trans10 formation, including curricula redesign and new in11 structional strategies to personalize learning; and 

12 ‘‘(7) to increase education productivity and re13 duce costs through the use of technology, blended 

14 learning and online learning, including for the deliv15 ery of online assessments. 

16 ‘‘SEC. 2403. DEFINITIONS. 

17 ‘‘In this part: 

18 ‘‘(1) BLENDED LEARNING.—The term ‘blended 

19 learning’ means the combination of online learning 

20 and traditional in-person classroom instruction, or 

21 technology-based learning, in a supervised classroom 

22 setting. 

23 ‘‘(2) EDUCATIONAL PRODUCTIVITY.—The term 

24 ‘educational productivity’ means student educational 


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1 opportunities and outcomes or relative costs and ex2 penditures of education. 

3 ‘‘(3) LOCAL EDUCATIONAL AGENCY.—The term 

4 ‘local educational agency’ includes a consortium of 

5 local educational agencies. 

6 ‘‘(4) STUDENT TECHNOLOGY LITERACY.—The 

7 term ‘student technology literacy’ means student 

8 knowledge and skills in using contemporary informa9 tion, communication, and learning technologies in a 

10 manner necessary for successful employment, life11 long learning, and citizenship in the knowledge12 based, digital, and global 21st century, as further 

13 defined by the State educational agency, which in14 cludes, at a minimum, the ability— 

15 ‘‘(A) to effectively communicate and col16 laborate; 

17 ‘‘(B) to analyze and solve problems; 

18 ‘‘(C) to access, evaluate, manage, and cre19 ate information and otherwise gain information 

20 literacy; 

21 ‘‘(D) to demonstrate creative thinking, 

22 construct knowledge, and develop innovative 

23 products and processes; and 

24 ‘‘(E) to do so in a safe and ethical manner. 


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1 ‘‘(5) SYSTEMIC EDUCATION TRANS2 FORMATION.—The term ‘systemic education trans3 formation’ means the redesign of educational poli4 cies, practices, and resources through technology 

5 and blended learning to improve student engagement 

6 and educational opportunities, personalize learning, 

7 and improve educational productivity, including the 

8 redesign of curriculum, instruction, data systems, 

9 assessment, teacher evaluation, and the use of in10 structional time and location. 

11 ‘‘SEC. 2404. ALLOCATION OF FUNDS; LIMITATION; TRIGGER. 

12 ‘‘(a) ALLOCATION OF FUNDS BETWEEN STATE AND

13 LOCAL INITIATIVES.—The funds made available to carry 

14 out this part shall be available to carry out subparts 1 

15 and 2, as described in subsection (c). 

16 ‘‘(b) LIMITATION.— 

17 ‘‘(1) LOCAL ADMINISTRATIVE COSTS.—Of the 

18 funds made available to a local educational agency 

19 under this part for a fiscal year, not more than 3 

20 percent may be used by the local educational agency 

21 for administrative costs. 

22 ‘‘(2) STATE ADMINISTRATIVE COSTS.—Of the 

23 funds made available to a State educational agency 

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1 cent may be used by the State educational agency 

2 for administrative costs. 

3 ‘‘(c) TRIGGER.—For fiscal years— 

4 ‘‘(1) for which the amount appropriated to 

5 carry out this part is less than $300,000,000, all 

6 funds available to carry out this part shall be avail7 able to carry out subpart 2; and 

8 ‘‘(2) for which the amount appropriated to 

9 carry out this part equals or is more than 

10 $300,000,000, all funds available to carry out this 

11 part shall be available to carry out subpart 1. 

12 ‘‘Subpart 1—State and Local Grants 

13 ‘‘SEC. 2411. ALLOTMENT AND REALLOTMENT. 

14 ‘‘(a) RESERVATIONS AND ALLOTMENT.—From the 

15 amount made available to carry out this subpart under 

16 section 2404(c)(2) for a fiscal year— 

17 ‘‘(1) the Secretary shall reserve— 

18 ‘‘(A) three-quarters of 1 percent for the 

19 Secretary of the Interior for programs under 

20 this subpart for schools operated or funded by 

21 the Bureau of Indian Education; and 

22 ‘‘(B) one-half of 1 percent to provide as23 sistance under this subpart to the outlying 

24 areas; and 


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1 ‘‘(2) subject to subsection (b), the Secretary 

2 shall use the remainder to award grants by allotting 

3 to each State educational agency an amount that 

4 bears the same relationship to such remainder for 

5 such year as the amount received under part A of 

6 title I for such year by such State educational agen7 cy bears to the amount received under such part for 

8 such year by all State educational agencies. 

9 ‘‘(b) MINIMUM ALLOTMENT.—The amount of any 

10 State educational agency’s allotment under subsection 

11 (a)(2) for any fiscal year shall not be less than one-half 

12 of 1 percent of the amount made available for allotments 

13 to State educational agencies under this subpart for such 

14 year. 

15 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—The Sec16 retary shall reallot any unused amount of a State edu17 cational agency’s allotment to the remaining State edu18 cational agencies that use their entire allotments under 

19 this subpart in accordance with this section. 

20 ‘‘SEC. 2412. USE OF ALLOTMENT BY STATE. 

21 ‘‘(a) IN GENERAL.— 

22 ‘‘(1) IN GENERAL.—Of the amount provided to 

23 a State educational agency under section 2411(a)(2) 

24 for a fiscal year— 


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1 ‘‘(A) the State educational agency may use 

2 not more than 5 percent of such amount or 

3 $100,000, whichever amount is greater, to 

4 carry out activities under section 2414; and 

5 ‘‘(B) the State educational agency shall 

6 distribute the remainder in accordance with 

7 paragraphs (2) and (3). 

8 ‘‘(2) DISTRIBUTION OF REMAINDER.—The 

9 State educational agency shall— 

10 ‘‘(A)(i) use 60 percent of the remainder to 

11 award Improving Teaching and Learning 

12 through Technology subgrants to local edu13 cational agencies having applications approved 

14 under section 2415(c) for the activities de15 scribed in section 2416(b); and 

16 ‘‘(ii) allot to each such local educational 

17 agency an amount that bears the same relation18 ship to 60 percent of the remainder for such 

19 year as the amount received under part A of 

20 title I for such year by such local educational 

21 agency bears to the amount received under such 

22 part for such year by all local educational agen23 cies within the State, subject to subsection 

24 (b)(2); and 


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1 ‘‘(B) use 40 percent of the remainder to 

2 award Systemic Education Transformation 

3 through Technology Integration subgrants, 

4 through a State-determined competitive process, 

5 to local educational agencies having applications 

6 approved under section 2415(b) for the activi7 ties described in section 2416(a). 

8 ‘‘(3) OPTION IN YEARS WITH INSUFFICIENT

9 AMOUNTS APPROPRIATED.—If the amount provided 

10 to a State educational agency under section 

11 2411(a)(2) for a fiscal year is not large enough to 

12 provide every local educational agency with a min13 imum subgrant under subsection (b)(2), the State 

14 educational agency may distribute 100 percent of 

15 the remainder described in paragraph (1)(B) as ei16 ther formula grants under paragraph (2)(A) or com17 petitive grants under paragraph (2)(B). 

18 ‘‘(b) SUFFICIENT AMOUNTS.— 

19 ‘‘(1) SPECIAL RULE.—In awarding subgrants 

20 under subsection (a)(2)(B), the State educational 

21 agency shall— 

22 ‘‘(A) ensure the subgrants are of sufficient 

23 size and scope to be effective, consistent with 

24 the purposes of this part; 


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1 ‘‘(B) ensure subgrants are of sufficient du2 ration to be effective, consistent with the pur3 poses of this part, including by awarding sub4 grants for a period of not less than 2 years that 

5 may be renewed for not more than an addi6 tional 1 year; 

7 ‘‘(C) give preference in the awarding of 

8 subgrants, and the providing of all technical as9 sistance, to local educational agencies that serve 

10 schools in need of improvement, as identified 

11 under section 1116, including those schools 

12 with high populations of— 

13 ‘‘(i) English learners; 

14 ‘‘(ii) students with disabilities; or 

15 ‘‘(iii) other subgroups of students who 

16 have not met the State’s student academic 

17 achievement standards; and 

18 ‘‘(D) ensure an equitable distribution 

19 among urban and rural areas of the State, ac20 cording to the demonstrated need for assistance 

21 under this subpart of the local educational 

22 agencies serving the areas. 

23 ‘‘(2) MINIMUM FORMULA-BASED SUBGRANT.— 

24 The amount of any local educational agency’s 


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1 subgrant under subsection (a)(2)(A) for any fiscal 

2 year shall be not less than $3,000. 

3 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If any 

4 local educational agency does not apply for a subgrant 

5 under subsection (a) for a fiscal year, or does not use the 

6 local educational agency’s entire allotment under this sub7 part for such fiscal year, the State shall reallot any unused 

8 funds to the remaining local educational agencies. 

9 ‘‘SEC. 2413. STATE APPLICATIONS. 

10 ‘‘(a) IN GENERAL.—To be eligible to receive a grant 

11 under this subpart, a State educational agency shall sub12 mit to the Secretary, at such time and in such manner 

13 as the Secretary may specify, an application containing 

14 the contents described in subsection (b) and such other 

15 information as the Secretary may reasonably require. 

16 ‘‘(b) CONTENTS.—Each State educational agency ap17 plication submitted under subsection (a) shall include each 

18 of the following: 

19 ‘‘(1) A description of how the State educational 

20 agency will support local educational agencies that 

21 receive subgrants under this subpart in meeting the 

22 purposes and goals of this part and the requirements 

23 of this subpart, including through technical assist24 ance in using technology to redesign curriculum and 


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1 instruction, improve educational productivity, and 

2 deliver computer-based and online assessment. 

3 ‘‘(2) A description of the State educational 

4 agency’s long-term goals and strategies for improv5 ing student academic achievement, including student 

6 technology literacy, through the effective use of tech7 nology. 

8 ‘‘(3) A description of the priority area upon 

9 which the State educational agency will focus its as10 sistance under this subpart, which shall be identified 

11 from among the core academic subjects, grade levels, 

12 and student subgroup populations with the largest 

13 achievement gaps in the State. 

14 ‘‘(4) A description of how the State educational 

15 agency will support local educational agencies to im16 plement, professional development programs pursu17 ant to section 2416(b)(1)(A). 

18 ‘‘(5) A description of how the State educational 

19 agency will ensure that teachers, paraprofessionals, 

20 school librarians, and administrators possess the 

21 knowledge and skills to use technology— 

22 ‘‘(A) for curriculum redesign to change 

23 teaching and learning and improve student 

24 achievement; 


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1 ‘‘(B) for assessment, data analysis, and to 

2 personalize learning; 

3 ‘‘(C) to improve student technology lit4 eracy; and 

5 ‘‘(D) for their own ongoing professional de6 velopment and for access to teaching resources 

7 and tools. 

8 ‘‘(6) A description of the process, activities, and 

9 performance measures that the State educational 

10 agency will use to evaluate the impact and effective11 ness of activities described in section 2414. 

12 ‘‘(7) Identification of the State college and ca13 reer ready academic content standards and college 

14 and career ready student academic achievement 

15 standards that the State educational agency will use 

16 to ensure that each student is technologically literate 

17 consistent with the definition of student technology 

18 literacy, and a description of how the State edu19 cational agency will assess student performance in 

20 gaining technology literacy, only for the purpose of 

21 tracking progress towards achieving the 8th grade 

22 technology literacy goal and not for meeting ade23 quate yearly progress goals, including through em24 bedding such assessment items in other State tests 

25 or performance-based assessments portfolios, or 


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1 through other valid and reliable means. Nothing in 

2 this subpart shall be construed to require States to 

3 develop a separate test to assess student technology 

4 literacy. 

5 ‘‘(8) An assurance that financial assistance pro6 vided under this subpart will supplement, and not 

7 supplant, State and local funds. 

8 ‘‘(9) A description of how the State educational 

9 agency consulted with local educational agencies in 

10 the development of the State application. 

11 ‘‘SEC. 2414. STATE ACTIVITIES. 

12 ‘‘(a) MANDATORY ACTIVITIES.—From funds made 

13 available under section 2412(a)(1)(A), a State educational 

14 agency shall carry out each of the following activities: 

15 ‘‘(1) Identify the State college and career ready 

16 academic content standards and college and career 

17 ready student academic achievement standards that 

18 the State educational agency will use to ensure that 

19 each student is technologically literate consistent 

20 with the definition of student technology literacy. 

21 ‘‘(2) Assess student performance in gaining 

22 technology literacy consistent with paragraph (1), in23 cluding through embedding such assessment items in 

24 other State tests, performance-based assessments, or 

25 portfolios, or through other means, except that such 


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1 assessments shall be used only to track student tech2 nology literacy and shall not be used to determine 

3 adequate yearly progress, and widely disseminate 

4 such results. 

5 ‘‘(3) Provide guidance, technical assistance, and 

6 other assistance, including in the priority area iden7 tified by the State pursuant to section 2413(b)(3), 

8 in using technology to improve teaching and rede9 sign curriculum and instruction, improve educational 

10 productivity, and deliver computer-based and online 

11 assessment, and in submitting applications for fund12 ing under this part to high-need local educational 

13 agencies— 

14 ‘‘(A) with the highest percentage or num15 ber of— 

16 ‘‘(i) students not achieving at the 

17 State proficiency level; and 

18 ‘‘(ii) student populations described in 

19 section 2412(b)(1)(C); and 

20 ‘‘(B) serving schools identified as in need 

21 of improvement under section 1116. 

22 ‘‘(b) PERMISSIVE ACTIVITIES.—From funds made 

23 available under section 2412(a)(1)(A), a State educational 

24 agency may carry out 1 or more of the following activities 

25 that assist local educational agencies: 


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1 ‘‘(1) State leadership activities and technical as2 sistance that support achieving the purposes and 

3 goals of this part. 

4 ‘‘(2) Developing or utilizing research-based or 

5 innovative strategies for the delivery of specialized or 

6 rigorous academic courses and curricula through the 

7 use of technology, including distance learning tech8 nologies. 

9 ‘‘(3) Providing, or supporting local educational 

10 agencies in providing, sustained and intensive, high11 quality professional development pursuant to section 

12 2416(b)(1)(A). 

13 ‘‘(4) Assessing student performance in gaining 

14 technology literacy consistent with subsection (a)(2), 

15 including through embedding such assessment items 

16 in other State tests, performance-based assessments, 

17 or portfolios, or through other means. 

18 ‘‘SEC. 2415. LOCAL APPLICATIONS. 

19 ‘‘(a) IN GENERAL.—Each local educational agency 

20 desiring a subgrant under this subpart shall submit to the 

21 State educational agency an application containing a new 

22 or updated local long-range strategic educational tech23 nology plan, and such other information as the State edu24 cational agency may reasonably require that shall include 

25 each of the following: 


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1 ‘‘(1) A description of how the local educational 

2 agency will align and coordinate the local edu3 cational agency’s use of funds under this subpart 

4 with— 

5 ‘‘(A) the local educational agency’s efforts 

6 to boost student achievement and close achieve7 ment gaps; 

8 ‘‘(B) the local educational agency’s tech9 nology plan; 

10 ‘‘(C) the local educational agency’s plans 

11 and activities for improving student achieve12 ment, including plans and activities under sec13 tions 1111, 1112, 1116, and 2123, as applica14 ble; and 

15 ‘‘(D) funds available from other Federal, 

16 State, and local sources. 

17 ‘‘(2) An assurance that financial assistance pro18 vided under this subpart will supplement, and not 

19 supplant, other funds available to carry out activities 

20 assisted under this subpart. 

21 ‘‘(3) A description of the process used to assess 

22 and, as needed, update technologies throughout the 

23 local educational agency. 

24 ‘‘(4) Such other information as the State edu25 cational agency may reasonably require. 


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1 ‘‘(b) COMPETITIVE GRANTS; SYSTEMIC EDUCATION

2 TRANSFORMATION THROUGH TECHNOLOGY INTEGRA3 TION.—In addition to the information described in sub4 section (a), a local educational agency submitting an appli5 cation for a Systemic Education Transformation Through 

6 Technology Integration subgrant shall submit to the State 

7 educational agency an application containing each of the 

8 following: 

9 ‘‘(1) A description of how the local educational 

10 agency will use the subgrant funds to implement 

11 systemic education transformation, which is a com12 prehensive set of programs, practices, and tech13 nologies to improve student achievement and close 

14 achievement gaps that— 

15 ‘‘(A) collectively lead to school or school 

16 district change and improvement, including in 

17 the use of technology; and 

18 ‘‘(B) incorporate all of the following ele19 ments: 

20 ‘‘(i) Reform or redesign of curriculum, 

21 instruction, assessment, use of data, or 

22 other practices through the use of tech23 nology in order to increase student learn24 ing opportunity, and engagement in learn25 ing. 


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1 ‘‘(ii) Improvement of educator quality, 

2 knowledge and skills, and effectiveness 

3 through ongoing, sustainable, timely, and 

4 contextual professional development de5 scribed in section 2416(b)(1)(A). 

6 ‘‘(iii) Ongoing use of formative and 

7 other assessments and other timely data 

8 sources and data systems to more effec9 tively identify individual student learning 

10 needs and personalize learning. 

11 ‘‘(iv) Engagement of school district 

12 leaders, school leaders, and classroom edu13 cators. 

14 ‘‘(v) Programs, practices, and tech15 nologies that are based on scientific re16 search. 

17 ‘‘(2) An assurance that the local educational 

18 agency will use not less than 25 percent of the 

19 subgrant funds to implement a program of profes20 sional development described in section 

21 2416(b)(1)(A). 

22 ‘‘(3) A description of how the local educational 

23 agency will evaluate the impact of 1 or more pro24 grams or activities carried out under this subpart. 


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1 ‘‘(c) FORMULA GRANTS; IMPROVING TEACHING AND

2 LEARNING THROUGH TECHNOLOGY.—In addition to the 

3 information described in subsection (a), a local educational 

4 agency submitting an application for an Improving Teach5 ing and Learning Through Technology subgrant shall sub6 mit to the State educational agency an application con7 taining each of the following: 

8 ‘‘(1) An assurance that the local educational 

9 agency will use not less than 40 percent of the 

10 subgrant funds for ensuring educators, including 

11 teachers and administrators, are technology literate, 

12 prepared to use technology to improve the cur13 riculum and instruction, and are connected online to 

14 supports and resources, including for— 

15 ‘‘(A) professional development described in 

16 section 2416(b)(1)(A); and 

17 ‘‘(B) to provide educators with ongoing ac18 cess to technology tools, applications, supports 

19 and other resources, including those related 

20 specifically to such professional development ac21 tivities. 

22 ‘‘(2) A description of the local educational agen23 cy’s program of professional development described 

24 in section 2416(b)(1)(A). 


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1 ‘‘(3) A description of the use of technology 

2 tools, applications, and other resources to improve 

3 student learning and achievement in the area of pri4 ority identified under paragraph (4). 

5 ‘‘(4) A description of the priority area subgrant 

6 funds will target, identified from among the core 

7 academic subjects, grade levels, and student sub8 group populations in which the most number of stu9 dents served by the local educational agency are not 

10 proficient. 

11 ‘‘(5) A description of how funds will be used to 

12 integrate technology to redesign the curriculum or 

13 instruction, implement computer-based and online 

14 assessments, improve use of data to personalize 

15 learning, or improve education productivity. 

16 ‘‘(d) COMBINED APPLICATIONS.—A local educational 

17 agency that submits an application under subsection (b), 

18 may, upon notice to the State educational agency, submit 

19 a single application that will also be considered as an ap20 plication for subgrant funds awarded under subsection (c), 

21 if the application addresses each application requirement 

22 under subsections (a), (b), and (c). 

23 ‘‘SEC. 2416. LOCAL ACTIVITIES. 

24 ‘‘(a) COMPETITIVE GRANTS; SYSTEMIC EDUCATION

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1 TION.—A local educational agency that receives funds 

2 through a subgrant under section 2412(a)(2)(B), shall 

3 carry out activities to improve student learning, tech4 nology literacy, and achievement, as follows: 

5 ‘‘(1) Use not less than 5 percent of such funds 

6 to evaluate the impact of 1 or more programs or ac7 tivities carried out under the subgrant as identified 

8 in the local educational agency’s application and ap9 proved by the State educational agency. 

10 ‘‘(2) Use funds remaining after carrying out 

11 paragraph (1) to implement a plan for systemic edu12 cation transformation in 1 or more schools, in ac13 cordance with section 2415(b)(1), including each of 

14 the following: 

15 ‘‘(A) Using not less than 25 percent of 

16 subgrant funds to ensure educators, including 

17 teachers and administrators, are technology lit18 erate, prepared to use technology to improve 

19 the curriculum and instruction, and are con20 nected online to supports and resources, includ21 ing through the following: 

22 ‘‘(i) Professional development activi23 ties, as described in subsection (b)(1)(A). 

24 ‘‘(ii) The acquisition and implementa25 tion of technology tools, applications, and 


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1 other resources to provide educators with 

2 ongoing access and support, including for 

3 use in the professional development activi4 ties described in clause (i). 

5 ‘‘(B) Acquiring and effectively imple6 menting technology tools, applications, and 

7 other resources in conjunction with enhancing 

8 or redesigning the curriculum or instruction in 

9 order to— 

10 ‘‘(i) increase student learning oppor11 tunity or access, student engagement in 

12 learning, or student attendance or gradua13 tion rates; 

14 ‘‘(ii) improve student achievement in 

15 1 or more of the core academic subjects; 

16 and 

17 ‘‘(iii) improve student technology lit18 eracy. 

19 ‘‘(C) Acquiring and effectively imple20 menting technology tools, applications, and 

21 other resources to— 

22 ‘‘(i) conduct ongoing formative and 

23 other assessments and use other timely 

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1 fectively identify and address individual 

2 student learning needs; 

3 ‘‘(ii) support personalized student 

4 learning, including through instructional 

5 software and digital content that supports 

6 the learning needs of each student, or 

7 through providing access to high-quality 

8 courses and instructors otherwise not avail9 able except through technology and online 

10 learning; and 

11 ‘‘(iii) conduct other activities con12 sistent with research-based or innovative 

13 systemic education transformation, includ14 ing activities that increase parental in15 volvement. 

16 ‘‘(b) FORMULA GRANTS; IMPROVING TEACHING AND

17 LEARNING THROUGH TECHNOLOGY.—A local educational 

18 agency that receives funds through a subgrant under sec19 tion 2412(a)(2)(A), shall carry out activities to improve 

20 student learning, technology literacy, and achievement in 

21 the area of priority identified under section 2415(c)(4), 

22 as follows: 

23 ‘‘(1) Use not less than 40 percent of such funds 

24 for professional development activities that are 

25 aligned with activities supported under section 2123 


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1 to improve educator effectiveness and quality 

2 through support for the following: 

3 ‘‘(A) Training of school personnel, which— 

4 ‘‘(i) shall include the development, ac5 quisition, or delivery of— 

6 ‘‘(I) training that is ongoing, sus7 tainable, timely, and directly related 

8 to up-to-date teaching content areas; 

9 ‘‘(II) training in strategies and 

10 pedagogy in the core academic sub11 jects that involve use of technology 

12 and curriculum redesign as key com13 ponents of changing teaching and 

14 learning and improving student 

15 achievement and technology literacy; 

16 ‘‘(III) training in the use of com17 puter-based and online assessments, 

18 and in the use of student performance 

19 and other data to individualized in20 struction; 

21 ‘‘(IV) training that includes on22 going communication and follow-up 

23 with instructors, facilitators, and 

24 peers; and 

25 ‘‘(ii) may include— 


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1 ‘‘(I) the use of, and training of, 

2 instructional technology specialists, 

3 mentors, master teachers, or coaches 

4 to serve as experts and train other 

5 teachers in the effective use of tech6 nology; and 

7 ‘‘(II) the use of technology, such 

8 as distance learning and online virtual 

9 educator-to-educator peer commu10 nities, as a means for delivering pro11 fessional development. 

12 ‘‘(B) The acquisition and implementation 

13 of technology tools, applications, and other re14 sources to be employed in the professional de15 velopment activities described in subparagraph 

16 (A). 

17 ‘‘(2) Use funds remaining after carrying out 

18 paragraph (1) to acquire or implement technology 

19 tools, applications, and other resources to improve 

20 student learning, technology literacy, and achieve21 ment in the area of priority identified by the local 

22 educational agency, including through 1 or more of 

23 the following: 

24 ‘‘(A) Conducting ongoing formative assess25 ment and using other timely data sources and 


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1 data systems to more effectively identify and 

2 address individual student learning needs. 

3 ‘‘(B) Supporting personalized student 

4 learning, including through instructional soft5 ware and digital content that supports the 

6 learning needs of each student, or through pro7 viding access to high-quality courses and in8 structors not otherwise available except through 

9 technology such as online learning. 

10 ‘‘(C) Increasing parental involvement 

11 through improved communication with teachers 

12 and access to student assignments and grades. 

13 ‘‘(D) Enhancing accountability, instruc14 tion, and data-driven decisionmaking through 

15 data systems that allow for management, anal16 ysis, and disaggregating of student, teacher, 

17 and school data. 

18 ‘‘(E) Such other activities as are appro19 priate and consistent with the goals and pur20 poses of this part. 

21 ‘‘(c) MULTIPLE GRANTS.—A local educational agency 

22 that receives subgrants under both subparagraph (A) and 

23 subparagraph (B) of section 2412(a)(2) may use all such 

24 subgrant funds for activities authorized under subsection 

25 (a). 


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1 ‘‘Subpart 2—State Competitive Grants 

2 ‘‘SEC. 2421. STATE COMPETITIVE GRANTS. 

3 ‘‘(a) IN GENERAL.—From the amount made avail4 able to carry out this subpart under section 2404(c)(1) 

5 for a fiscal year, the Secretary shall award grants to con6 sortia of State educational agencies having applications 

7 approved under subsection (b) for the activities described 

8 in subsection (d). 

9 ‘‘(b) STATE CONSORTIA APPLICATIONS.— 

10 ‘‘(1) IN GENERAL.—To be eligible to receive a 

11 grant under this subpart, a consortium of State edu12 cational agencies shall submit to the Secretary an 

13 application at such time, in such manner, and con14 taining such information as the Secretary may rea15 sonably require, including the information described 

16 in paragraph (2). 

17 ‘‘(2) CONTENTS.—An application submitted by 

18 a consortium of State educational agencies for a 

19 grant under this subpart shall include the following: 

20 ‘‘(A) An identification of the States in21 cluded in the consortium, and which State will 

22 act as both fiscal agent and lead grant adminis23 trator. 

24 ‘‘(B) A description of how the consortium 

25 will support local educational agencies in 

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1 hanced use of technology, including online and 

2 blended learning for systemic education trans3 formation, curricula redesign, and new instruc4 tional strategies to personalize learning. 

5 ‘‘(C) An identification of an additional pri6 ority the consortium will address and a descrip7 tion of how the State educational agencies will 

8 support local educational agencies in achieving 

9 the priority. Such priority shall be 1 or more of 

10 the following: 

11 ‘‘(i) Preparing for and administering 

12 State assessments online. 

13 ‘‘(ii) Using technology and blended 

14 learning. 

15 ‘‘(iii) Preparing the capacity of ad16 ministrators and other education leaders to 

17 lead systemic education transformation 

18 through technology. 

19 ‘‘(D) A brief description of each State edu20 cational agency’s long-term goals and strategies 

21 for improving student academic achievement, 

22 including student technology literacy, through 

23 the effective use of technology, and how the 

24 grant will support that plan’s implementation 

25 and student achievement. 


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1 ‘‘(E) A description of how the State edu2 cational agencies will use grant funds to im3 prove the ability of educators, including teach4 ers and administrators, to more effectively use 

5 technology. 

6 ‘‘(F) A description of the process, activi7 ties, and performance measures that the State 

8 educational agencies will use to evaluate the im9 pact and effectiveness of activities and to dis10 seminate those findings across the State and to 

11 other States outside the consortium. 

12 ‘‘(G) An identification of the State college 

13 and career ready academic content standards 

14 that the State educational agencies will use to 

15 ensure that each student is technology literate. 

16 ‘‘(H) An assurance that financial assist17 ance provided under this subpart will supple18 ment, and not supplant, State and local funds 

19 available for activities described in this subpart. 

20 ‘‘(I) A description of how the State edu21 cational agencies consulted with local edu22 cational agencies in the development of the ap23 plication. 


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1 ‘‘(J) A description of the process the State 

2 educational agencies will use to competitively 

3 award subgrants under this subpart. 

4 ‘‘(K) A description of how the State edu5 cational agencies will coordinate activities car6 ried out with funds under this subpart with 

7 other Federal, State, and local funds and activi8 ties in order to leverage their impact beyond 

9 what could be accomplished directly with grant 

10 funds. 

11 ‘‘(L) Assurances that the following condi12 tions have been met by each State in the con13 sortium, which shall include a description of 

14 how such conditions have been met in each such 

15 State, or, in the instance that such conditions 

16 have not been met, a description each State’s 

17 plan for meeting such conditions: 

18 ‘‘(i) Student advancement and grad19 uation are based on demonstrated com20 petency regardless of seat-time, or time 

21 spent in a traditional classroom. 

22 ‘‘(ii) The State has ensured that all 

23 students have access to high-quality digital 

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1 trary caps or other limitations on enroll2 ment in online learning. 

3 ‘‘(iii) Teacher certification or licensure 

4 requirements of the State require edu5 cators to be technology literate, including 

6 the ability to— 

7 ‘‘(I) integrate technology into 

8 curriculum, instruction, and assess9 ment; 

10 ‘‘(II) use data to personalize 

11 learning; or 

12 ‘‘(III) teach online. 

13 ‘‘(iv) The State allows the use of 

14 State funds for technology tools and appli15 cations, if appropriate, to meet program 

16 goals and requirements, including ensuring 

17 that the State’s rules support adoption of 

18 electronic learning materials, including al19 lowance that materials may be updated in 

20 an ongoing manner and can be acquired 

21 through subscription. 

22 ‘‘(v) The State’s learning standards 

23 include student technology literacy stand24 ards, and the State’s learning performance 


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1 standards assess student technology lit2 eracy. 

3 ‘‘(c) AWARDS.— 

4 ‘‘(1) IN GENERAL.—In awarding grants under 

5 this subpart, the Secretary shall ensure the grants— 

6 ‘‘(A) are of sufficient size and duration to 

7 be effective; 

8 ‘‘(B) are distributed among States of di9 verse geographic locations and populations; and 

10 ‘‘(C) serve students attending high-need 

11 schools. 

12 ‘‘(2) PRIORITY.—In awarding grants under this 

13 subpart, the Secretary shall give priority to applica14 tions from consortia in which each State has met, or 

15 has proposed a detailed plan with specific timelines 

16 to meet, all of the following conditions: 

17 ‘‘(A) Assessments in the State are deliv18 ered online and may be taken when students 

19 have completed a particular course or unit of 

20 instruction, not at a specified time and date. 

21 ‘‘(B) The State has signed teacher certifi22 cation reciprocity agreements with 1 or more 

23 other States, including for online instruction. 

24 ‘‘(C) Postsecondary and other teacher 

25 training institutions are required to provide, or 


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1 supported in providing, training in online and 

2 blended instruction. 

3 ‘‘(D) The State directly supports tech4 nology tools and applications and ensures that 

5 all students and teachers have high-speed ac6 cess to the Internet. 

7 ‘‘(E) The State supports policies or plans 

8 facilitating the use of student owned devices in 

9 schools or that facilitate home access to digital 

10 content. 

11 ‘‘(F) The States have plans that support 

12 students with disabilities, advanced learners, 

13 below-grade-level learners, and English learners. 

14 ‘‘(d) STATE CONSORTIUM USE OF FUNDS.—A State 

15 educational agency consortium that receives a grant under 

16 this subpart shall— 

17 ‘‘(1) allocate not less than 75 percent of grant 

18 funds to local educational agencies to carry out the 

19 activities described in the consortium’s application; 

20 and 

21 ‘‘(2) use the funds remaining after carrying out 

22 paragraph (1) for State-level activities, as described 

23 in the consortium’s application, including— 

24 ‘‘(A) assessing the impact of grant funds; 

25 and 


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1 ‘‘(B) disseminating the findings of the con2 sortium throughout the consortium and nation3 ally. 

4 ‘‘Subpart 3—Internet Safety 

5 ‘‘SEC. 2431. INTERNET SAFETY. 

6 ‘‘(a) IN GENERAL.—No funds made available under 

7 this part to a local educational agency for an elementary 

8 school or secondary school that does not receive services 

9 at discount rates under section 254(h)(5) of the Commu10 nications Act of 1934 (47 U.S.C. 254(h)(5)) may be used 

11 to purchase computers used to access the Internet, or to 

12 pay for direct costs associated with accessing the Internet, 

13 for such school unless the school, school board, local edu14 cational agency, or other authority with responsibility for 

15 administration of such school both— 

16 ‘‘(1)(A) has in place a policy of Internet safety 

17 for minors that includes the operation of a tech18 nology protection measure with respect to any of its 

19 computers with Internet access that protects against 

20 access through such computers to visual depictions 

21 that are— 

22 ‘‘(i) obscene; 

23 ‘‘(ii) child pornography; or 

24 ‘‘(iii) harmful to minors; and 


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1 ‘‘(B) is enforcing the operation of such tech2 nology protection measure during any use of such 

3 computers by minors; and 

4 ‘‘(2)(A) has in place a policy of Internet safety 

5 that includes the operation of a technology protec6 tion measure with respect to any of its computers 

7 with Internet access that protects against access 

8 through such computers to visual depictions that 

9 are— 

10 ‘‘(i) obscene; or 

11 ‘‘(ii) child pornography; and 

12 ‘‘(B) is enforcing the operation of such tech13 nology protection measure during any use of such 

14 computers. 

15 ‘‘(b) TIMING AND APPLICABILITY OF IMPLEMENTA16 TION.— 

17 ‘‘(1) IN GENERAL.—The local educational agen18 cy with responsibility for a school covered by sub19 section (a) shall certify the compliance of such 

20 school with the requirements of subsection (a) as 

21 part of the application process for each program 

22 funding year. 

23 ‘‘(2) PROCESS.— 

24 ‘‘(A) SCHOOLS WITH INTERNET SAFETY

25 POLICIES AND TECHNOLOGY PROTECTION


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1 MEASURES IN PLACE.—A local educational 

2 agency with responsibility for a school covered 

3 by subsection (a) that has in place an Internet 

4 safety policy meeting the requirements of sub5 section (a) shall certify its compliance with sub6 section (a) during each annual program applica7 tion cycle under this Act. 

8 ‘‘(B) SCHOOLS WITHOUT INTERNET SAFE9 TY POLICIES AND TECHNOLOGY PROTECTION

10 MEASURES IN PLACE.— 

11 ‘‘(i) CERTIFICATION.—A local edu12 cational agency with responsibility for a 

13 school covered by subsection (a) that does 

14 not have in place an Internet safety policy 

15 meeting the requirements of subsection (a) 

16 for each year in which the local educational 

17 agency is applying for funds for such 

18 school under this Act, shall certify that it 

19 is undertaking such actions, including any 

20 necessary procurement procedures, to put 

21 in place an Internet safety policy that 

22 meets such requirements. 

23 ‘‘(ii) INELIGIBILITY.—Any school cov24 ered by subsection (a) for which the local 

25 educational agency concerned is unable to 


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1 certify compliance with such requirements 

2 for a year shall be ineligible for all funding 

3 under this part for such year and all sub4 sequent years until such time as such 

5 school comes into compliance with such re6 quirements. 

7 ‘‘(c) DISABLING DURING CERTAIN USE.—An admin8 istrator, supervisor, or person authorized by the respon9 sible authority under subsection (a) may disable the tech10 nology protection measure concerned to enable access for 

11 bona fide research or other lawful purposes. 

12 ‘‘(d) NONCOMPLIANCE.— 

13 ‘‘(1) USE OF GENERAL EDUCATION PROVISIONS

14 ACT REMEDIES.—Whenever the Secretary has reason 

15 to believe that any recipient of funds under this part 

16 is failing to comply substantially with the require17 ments of this section, the Secretary may— 

18 ‘‘(A) withhold further payments to the re19 cipient under this part; 

20 ‘‘(B) issue a complaint to compel compli21 ance of the recipient through a cease and desist 

22 order; or 

23 ‘‘(C) enter into a compliance agreement 

24 with a recipient to bring it into compliance with 

25 such requirements, 


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1 in same manner as the Secretary is authorized to 

2 take such actions under sections 455, 456, and 457, 

3 respectively, of the General Education Provisions 

4 Act. 

5 ‘‘(2) RECOVERY OF FUNDS PROHIBITED.—The 

6 actions authorized by paragraph (1) are the exclu7 sive remedies available with respect to the failure of 

8 a school to comply substantially with a provision of 

9 this section, and the Secretary shall not seek a re10 covery of funds from the recipient for such failure. 

11 ‘‘(3) RECOMMENCEMENT OF PAYMENTS.— 

12 Whenever the Secretary determines (whether by cer13 tification or other appropriate evidence) that a re14 cipient of funds who is subject to the withholding of 

15 payments under paragraph (1)(A) has cured the fail16 ure providing the basis for the withholding of pay17 ments, the Secretary shall cease the withholding of 

18 payments to the recipient under that paragraph. 

19 ‘‘(e) DEFINITIONS.—In this subpart: 

20 ‘‘(1) ACCESS TO INTERNET.—A computer shall 

21 be considered to have access to the Internet if such 

22 computer is equipped with a modem or is connected 

23 to a computer network that has access to the Inter24 net. 


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1 ‘‘(2) ACQUISITION OR OPERATION.—An elemen2 tary school or secondary school shall be considered 

3 to have received funds under this part for the acqui4 sition or operation of any computer if such funds are 

5 used in any manner, directly or indirectly— 

6 ‘‘(A) to purchase, lease, or otherwise ac7 quire or obtain the use of such computer; or 

8 ‘‘(B) to obtain services, supplies, software, 

9 or other actions or materials to support, or in 

10 connection with, the operation of such com11 puter. 

12 ‘‘(3) CHILD PORNOGRAPHY.—The term ‘child 

13 pornography’ has the meaning given that term in 

14 section 2256 of title 18, United States Code. 

15 ‘‘(4) COMPUTER.—The term ‘computer’ in16 cludes any hardware, software, or other technology 

17 attached or connected to, installed in, or otherwise 

18 used in connection with a computer. 

19 ‘‘(5) HARMFUL TO MINORS.—The term ‘harm20 ful to minors’ means any picture, image, graphic 

21 image file, or other visual depiction that— 

22 ‘‘(A) taken as a whole and with respect to 

23 minors, appeals to a prurient interest in nudity, 

24 sex, or excretion; 


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1 ‘‘(B) depicts, describes, or represents, in a 

2 patently offensive way with respect to what is 

3 suitable for minors, an actual or simulated sex4 ual act or sexual contact, actual or simulated 

5 normal or perverted sexual acts, or a lewd exhi6 bition of the genitals; and 

7 ‘‘(C) taken as a whole, lacks serious lit8 erary, artistic, political, or scientific value as to 

9 minors. 

10 ‘‘(6) MINOR.—The term ‘minor’ means an indi11 vidual who has not attained the age of 17. 

12 ‘‘(7) OBSCENE.—The term ‘obscene’ has the 

13 meaning applicable to that term under section 1460 

14 of title 18, United States Code. 

15 ‘‘(8) SEXUAL ACT AND SEXUAL CONTACT.—The 

16 terms ‘sexual act’ and ‘sexual contact’ have the 

17 meanings given those terms in section 2246 of title 

18 18, United States Code. 

19 ‘‘(f) SEVERABILITY.—If any provision of this section 

20 is held invalid, the remainder of this section shall not be 

21 affected thereby.’’. 


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1 TITLE III—LANGUAGE AND ACA2 DEMIC CONTENT INSTRUC3 TION FOR ENGLISH LEARN4 ERS AND IMMIGRANT STU5 DENTS 

6 SEC. 3001. REORGANIZATION. 

7 Title III (20 U.S.C. 6801 et seq.) is amended— 

8 (1) in the title heading, by striking ‘‘LIM9 ITED ENGLISH PROFICIENT’’ and inserting 

10 ‘‘ENGLISH LEARNERS’’; 

11 (2) by striking sections 3001 and 3122; 

12 (3) by redesignating sections 3123 through 

13 3129 as sections 3122 through 3128, respectively; 

14 (4) by striking subpart 4 of part A; 

15 (5) by striking part B; 

16 (6) by redesignating sections 3301 through 

17 3304 as sections 3201 through 3204, respectively; 

18 and 

19 (7) by redesignating part C as part B. 

20 SEC. 3002. PURPOSES. 

21 Section 3102 (20 U.S.C. 6812) is amended to read 

22 as follows: 

23 ‘‘SEC. 3102. PURPOSES. 

24 ‘‘The purposes of this part are— 


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1 ‘‘(1) to support the provision of education to 

2 meet the needs of English learners and immigrant 

3 students and provide English learners and immi4 grant students with high-quality, evidence-based 

5 services, which also supplement services and sup6 ports provided under title I, to ensure that English 

7 learners, including those English learners who are 

8 also immigrants, acquire the English language pro9 ficiency and academic content knowledge they need 

10 to meet the State’s college and career ready aca11 demic content standards and for State academic as12 sessments; 

13 ‘‘(2) to support the efforts of State educational 

14 agencies and local educational agencies to enhance 

15 their capacity to provide high-quality educational 

16 programs that are effective for English learners and 

17 that reflect the diversity of the English learner pop18 ulation; 

19 ‘‘(3) to support the efforts of teachers, school 

20 leaders, State educational agencies, and local edu21 cational agencies to develop and enhance the capac22 ity and flexibility needed to— 

23 ‘‘(A) provide evidence-based, linguistically 

24 and culturally appropriate services to assist 

25 English learners supported under this part in— 


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1 ‘‘(i) attaining English language pro2 ficiency; and 

3 ‘‘(ii) meeting State college and career 

4 ready academic content standards; 

5 ‘‘(B) implement such services effectively; 

6 ‘‘(C) evaluate the impact of such services 

7 on student English language proficiency and 

8 academic content knowledge; and 

9 ‘‘(D) modify such services as appropriate 

10 to meet the needs of students; 

11 ‘‘(4) to ensure that rigorous and consistent 

12 standards, assessments, and State accountability 

13 systems are in place for programs serving English 

14 learners; and 

15 ‘‘(5) to promote parental and community par16 ticipation in language instruction educational pro17 grams in communities for parents of children who 

18 are English learners.’’. 

19 SEC. 3003. FORMULA GRANTS TO STATES. 

20 Section 3111 (20 U.S.C. 6821) is amended— 

21 (1) in subsection (b)— 

22 (A) by striking paragraph (2) and insert23 ing the following: 

24 ‘‘(2) STATE ACTIVITIES.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), each State educational agency re3 ceiving a grant under subsection (a) may re4 serve not more than 5 percent of the agency’s 

5 allotment under subsection (c) to provide tech6 nical assistance and other forms of assistance 

7 to eligible entities that are receiving subgrants 

8 from a State educational agency under this sub9 part, including in— 

10 ‘‘(i) identifying and implementing ef11 fective and high-quality language instruc12 tion educational programs and curricula 

13 and academic content instruction programs 

14 that are based on scientifically valid re15 search on teaching English learners; 

16 ‘‘(ii) program evaluation to ensure 

17 that the language instruction educational 

18 programs and academic content instruction 

19 programs selected by subgrantees are ap20 propriate for the needs of the English 

21 learners served; 

22 ‘‘(iii) teacher and principal prepara23 tion, professional development activities, 

24 and other evidence-based activities, which 

25 may include activities that— 


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1 ‘‘(I) support the implementation 

2 of professional teaching standards and 

3 teacher evaluation systems for teach4 ers of English learners; and 

5 ‘‘(II) assist such teachers in 

6 meeting State and local certification 

7 and licensing requirements for teach8 ing English learners; 

9 ‘‘(iv) strengthening and increasing 

10 parent, family, and community engage11 ment; 

12 ‘‘(v) developing, enhancing, aligning, 

13 and implementing English language pro14 ficiency standards and assessments, par15 ticularly helping to ensure uniform imple16 mentation of English language proficiency 

17 standards within the State; 

18 ‘‘(vi) providing recognition, which may 

19 include providing financial awards, to sub20 grantees that significantly improve the rate 

21 at which English learners acquire English 

22 language proficiency and are able to dem23 onstrate the English language proficiency 

24 needed for core content mastery; and 


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1 ‘‘(vii) planning, evaluation, adminis2 tration, and interagency coordination. 

3 ‘‘(B) LIMITATION.—A State may use not 

4 more than 40 percent of the amount reserved 

5 under subparagraph (A) or $175,000, which6 ever is greater, for the activities described in 

7 subparagraph (A)(vii).’’; and 

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

9 (2) in subsection (c)— 

10 (A) by striking paragraph (1) and insert11 ing the following: 

12 ‘‘(1) RESERVATIONS.—From the amount appro13 priated under section 3(i) for each fiscal year, the 

14 Secretary shall reserve— 

15 ‘‘(A) 0.5 percent or $5,000,000 of such 

16 amount, whichever is greater, for payments to 

17 eligible entities that are defined under section 

18 3112(a) for activities, approved by the Sec19 retary, consistent with this subpart; 

20 ‘‘(B) 0.5 percent of such amount for pay21 ments to outlying areas, to be allotted in ac22 cordance with their respective needs for assist23 ance under this subpart (as determined by the 

24 Secretary) for activities that are approved by 


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1 the Secretary and consistent with the purposes 

2 of this subpart; and 

3 ‘‘(C) 6.5 percent of such amount for na4 tional activities under sections 3131, 3132, and 

5 3203, except that not more than 0.5 percent of 

6 such amount shall be reserved for evaluation ac7 tivities conducted by the Secretary and not 

8 more than $2,000,000 of such amount may be 

9 reserved for the National Clearinghouse for 

10 English Language Acquisition and Language 

11 Instruction Educational Programs described in 

12 section 3203.’’; 

13 (B) by striking paragraph (2); 

14 (C) by redesignating paragraphs (3) and 

15 (4) as paragraphs (2) and (3), respectively; 

16 (D) in paragraph (2), as redesignated by 

17 subparagraph (C)— 

18 (i) in subparagraph (A)— 

19 (I) in the matter preceding clause 

20 (i), by striking ‘‘3001(a)’’ and insert21 ing ‘‘3(j)’’; and 

22 (II) in clause (i)— 

23 (aa) by striking ‘‘limited 

24 English proficient children’’ and 

25 inserting ‘‘English learners’’; and 


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1 (bb) by inserting ‘‘, as deter2 mined by data available from the 

3 American Community Survey 

4 conducted by the Department of 

5 Commerce or State-reported 

6 data’’ after ‘‘children in all 

7 States’’; and 

8 (III) in clause (ii), by inserting ‘‘, 

9 as determined based only on data 

10 available from the American Commu11 nity Survey conducted by the Depart12 ment of Commerce’’ after ‘‘children 

13 and youth in all States’’; and 

14 (ii) by striking subparagraph (C) and 

15 inserting the following: 

16 ‘‘(C) REALLOTMENT.—If any State edu17 cational agency described in subparagraph (A) 

18 does not submit a plan to the Secretary for a 

19 fiscal year, or submits a plan (or any amend20 ment to a plan) that the Secretary, after rea21 sonable notice and opportunity for a hearing, 

22 determines does not satisfy the requirements of 

23 this subpart, the Secretary shall reallot any 

24 portion of such allotment to the remaining 


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1 State educational agencies in accordance with 

2 subparagraph (A).’’; and 

3 (E) by striking paragraph (3), as redesig4 nated by subparagraph (C), and inserting the 

5 following: 

6 ‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 

7 making State allotments under paragraph (2), for 

8 each fiscal year, the Secretary shall determine the 

9 number of English learners in a State and in all 

10 States, for each fiscal year, using the most accurate, 

11 up-to-date data, which may be— 

12 ‘‘(A) data available from the American 

13 Community Survey conducted by the Depart14 ment of Commerce, which may be multiyear es15 timates; 

16 ‘‘(B) the number of students assessed as 

17 not having attained English language pro18 ficiency, based on the State’s English language 

19 proficiency assessment under section 

20 1111(a)(2)(D), which may be multiyear esti21 mates; or 

22 ‘‘(C) a combination of data available under 

23 subparagraphs (A) and (B).’’. 


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1 SEC. 3004. NATIVE AMERICAN AND ALASKA NATIVE CHIL2 DREN IN SCHOOL. 

3 Section 3112 (20 U.S.C. 6822) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (4), by striking ‘‘Indian 

6 Affairs’’ and inserting ‘‘Indian Education of the 

7 Department of the Interior’’; 

8 (B) in paragraph (5), by striking ‘‘Indian 

9 Affairs’’ and inserting ‘‘Indian Education of the 

10 Department of the Interior’’; and 

11 (C) in paragraph (6), by striking ‘‘Indian 

12 Affairs’’ and inserting ‘‘Indian Education of the 

13 Department of the Interior’’ both places such 

14 term appears; 

15 (2) in subsection (b), by striking ‘‘an entity 

16 that is considered to be an eligible entity under sub17 section (a), and that’’ and inserting ‘‘an eligible enti18 ty that’’; and 

19 (3) by striking subsection (c) and inserting the 

20 following: 

21 ‘‘(c) SPECIAL RULES.— 

22 ‘‘(1) INELIGIBILITY FOR MULTIPLE AWARDS

23 FOR SAME PERIOD.—An eligible entity that receives 

24 a grant under this section shall not be eligible to re25 ceive a subgrant under section 3114 for the same 

26 period. 


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1 ‘‘(2) NATIVE AMERICAN LANGUAGE PRO2 GRAMS.—An eligible entity that receives a grant 

3 under this section may, in addition to other activities 

4 supported under this subpart, use the grant funds to 

5 support Native American language immersion pro6 grams and Native American language restoration 

7 programs, which may be taught by traditional or 

8 tribal leaders.’’. 

9 SEC. 3005. STATE EDUCATIONAL AGENCY PLANS. 

10 Section 3113 (20 U.S.C. 6823) is amended to read 

11 as follows: 

12 ‘‘SEC. 3113. STATE EDUCATIONAL AGENCY PLANS. 

13 ‘‘(a) PLAN REQUIRED.—Each State educational 

14 agency desiring a grant under this subpart shall submit 

15 a plan to the Secretary at such time, in such manner, and 

16 containing such information as the Secretary may require. 

17 ‘‘(b) CONTENTS.—Each plan submitted under sub18 section (a) shall— 

19 ‘‘(1) describe the process that the agency will 

20 use in awarding subgrants to eligible entities under 

21 section 3114(d)(1); 

22 ‘‘(2) describe the process by which, within a pe23 riod established by the Secretary, the agency will es24 tablish uniform statewide criteria for local edu25 cational agencies to use in— 


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1 ‘‘(A) identifying English learners who need 

2 services under this part; 

3 ‘‘(B) determining when such students no 

4 longer need those services; and 

5 ‘‘(C) including the same standards of 

6 achievement for all English learners in all local 

7 educational agencies in the State; 

8 ‘‘(3) describe the process through which the 

9 State educational agency will support local edu10 cational agencies in assisting English learners in ac11 quiring proficiency in each of the 4 language do12 mains of reading, writing, speaking, and listening, as 

13 measured by the State’s English language pro14 ficiency assessment; 

15 ‘‘(4) provide an assurance that if the State 

16 adopts new academic content standards, the State 

17 educational agency will, not later than 1 year after 

18 the date of adoption of such standards— 

19 ‘‘(A) update the State English language 

20 proficiency standards to ensure that such 

21 standards align with the new academic content 

22 standards; and 

23 ‘‘(B) provide the Secretary with evidence 

24 of such alignment; 


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1 ‘‘(5) provide an assurance that the State 

2 English language proficiency assessment system is 

3 valid and reliable and meets the appropriate require4 ments of paragraph (10); 

5 ‘‘(6) include criteria for defining the perform6 ance standard that students at lower levels of 

7 English language proficiency must meet to attain 

8 the level that the State defines as English language 

9 proficient; 

10 ‘‘(7) describe how the agency will coordinate 

11 programs and activities carried out under this sub12 part with the other programs and activities that 

13 such agency carries out under this Act; 

14 ‘‘(8) describe how the agency will assist eligible 

15 entities in increasing the extent to which English 

16 learners acquire English language proficiency within 

17 a reasonable time frame, as informed by evidence 

18 and best practices; 

19 ‘‘(9) provide an assurance that eligible entities 

20 in the State will be given the flexibility to teach 

21 English learners using a language instruction cur22 riculum that has been demonstrated to be effective, 

23 consistent with section 3115(f); 

24 ‘‘(10) describe how the agency will manage sub25 grants awarded under this subpart, including— 


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1 ‘‘(A) how the agency will ensure that 

2 subgrant funds are expended to support the 

3 provision of services to help English learners 

4 acquire the English language proficiency and 

5 the academic content knowledge they need to 

6 meet the State’s college and career ready aca7 demic content standards and to advance to 

8 postsecondary education and careers, which 

9 may include using a scientifically valid language 

10 instruction curriculum to improve language ac11 quisition and content mastery for English learn12 ers; 

13 ‘‘(B) how the agency will ensure that eligi14 ble entities receiving a subgrant under this sub15 part comply with the requirement under section 

16 1111(a)(2)(B)(vi) to annually assess in English, 

17 children who have been in the United States for 

18 3 or more consecutive years; 

19 ‘‘(C) how the agency will monitor eligible 

20 entities receiving a subgrant under this part to 

21 ensure compliance with applicable Federal fiscal 

22 requirements, including the requirements under 

23 subsections (f) (g), and (h) of section 3115; 

24 ‘‘(D) how the agency will, in awarding sub25 grants under section 3114, address the needs of 


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1 local educational agencies of all sizes and in all 

2 geographic areas, including local educational 

3 agencies that serve rural and urban schools; 

4 and 

5 ‘‘(E) an assurance that the agency will re6 quire an eligible entity receiving a subgrant 

7 under this subpart to use the subgrant in ways 

8 that will build such eligible entity’s capacity to 

9 continue to offer high-quality language instruc10 tion educational programs and academic con11 tent instruction programs that assist English 

12 learners in meeting State academic content and 

13 student academic achievement standards to be14 come on track to college and career readiness; 

15 ‘‘(11) provide an assurance that the State’s 

16 English language proficiency standards are aligned 

17 with the academic content and academic achieve18 ment standards described in section 1111; and 

19 ‘‘(12) provide an assurance that the plan has 

20 been developed in consultation with local educational 

21 agencies, teachers, administrators of programs de22 scribed under this part, parents, family members, 

23 and other relevant stakeholders. 

24 ‘‘(c) APPROVAL.—The Secretary, after using a peer 

25 review process, shall approve a plan submitted under subVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 section (a) if the plan meets the requirements of this sec2 tion. 

3 ‘‘(d) DURATION OF PLAN.— 

4 ‘‘(1) IN GENERAL.—Each plan submitted by a 

5 State educational agency and approved under sub6 section (c) shall— 

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

8 the State educational agency’s participation 

9 under this part; and 

10 ‘‘(B) be periodically reviewed and revised 

11 by the agency to reflect changes to the agency’s 

12 strategies and programs carried out under this 

13 part. 

14 ‘‘(2) ADDITIONAL INFORMATION.— 

15 ‘‘(A) AMENDMENTS.—If a State edu16 cational agency amends the plan approved 

17 under subsection (c), the agency shall submit 

18 the amendment to the Secretary. 

19 ‘‘(B) APPROVAL.—The Secretary shall ap20 prove an amendment to an approved plan, un21 less the Secretary determines that the amend22 ment will result in the agency not meeting the 

23 requirements, or fulfilling the purposes, of this 

24 part. 


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1 ‘‘(e) CONSOLIDATED PLAN.—A plan submitted under 

2 subsection (a) may be submitted as part of a consolidated 

3 plan under section 9302. 

4 ‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall 

5 provide technical assistance, if requested, in the develop6 ment of English language proficiency standards, objec7 tives, and assessments.’’. 

8 SEC. 3006. WITHIN-STATE ALLOCATIONS. 

9 Section 3114 (20 U.S.C. 6824) is amended— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘section 3111(c)(3)’’ and 

12 inserting ‘‘section 3111(c)(2)’’; 

13 (B) by inserting ‘‘, in a timely manner,’’ 

14 after ‘‘by allocating’’; and 

15 (C) by striking ‘‘limited English proficient 

16 children’’ and inserting ‘‘English learners’’ both 

17 places the term appears; and 

18 (2) in subsection (d)— 

19 (A) in paragraph (1), by striking ‘‘section 

20 3111(c)(3)’’ and inserting ‘‘section 3111(c)(2)’’; 

21 and 

22 (B) in paragraph (2)— 

23 (i) in subparagraph (A)— 

24 (I) by striking ‘‘equally’’; and 

25 (II) by striking ‘‘and’’ at the end; 


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1 (ii) by redesignating subparagraph 

2 (B) as subparagraph (C); and 

3 (iii) by inserting after subparagraph 

4 (A) the following: 

5 ‘‘(B) shall consider eligible entities that ex6 perience a significant increase in the percentage 

7 of immigrant children and youth served, and el8 igible entities that experience a significant in9 crease in the number of immigrant children and 

10 youth served; and’’. 

11 SEC. 3007. SUBGRANTS TO ELIGIBLE ENTITIES. 

12 Section 3115 (20 U.S.C. 6825) is amended to read 

13 as follows: 

14 ‘‘SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES. 

15 ‘‘(a) PURPOSES OF SUBGRANTS.—A State edu16 cational agency may make a subgrant to an eligible entity 

17 from funds received by the agency under this subpart only 

18 if the entity agrees to expend the funds to supplement the 

19 education of English learners by helping them learn 

20 English and meet the State college and career ready aca21 demic content and student academic achievement stand22 ards. The eligible subgrantee shall carry out activities with 

23 such funds, using evidence-based approaches and meth24 odologies that have been demonstrated to be effective for 


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1 teaching English learners and immigrant children and 

2 youth, for the following purposes: 

3 ‘‘(1) Developing and implementing new lan4 guage instruction educational programs and aca5 demic content instruction programs for such chil6 dren and youth, including early childhood education 

7 and care programs, elementary school programs, and 

8 secondary school programs. 

9 ‘‘(2) Carrying out highly focused, innovative, lo10 cally designed, evidence-based activities to expand or 

11 enhance existing language instruction educational 

12 programs and academic content instruction pro13 grams for such children and youth. 

14 ‘‘(3) Implementing, within an individual school, 

15 whole school programs for restructuring, reforming, 

16 and upgrading all relevant programs, activities, and 

17 operations relating to language instruction edu18 cational programs and academic content instruction 

19 for such children and youth. 

20 ‘‘(4) Implementing, within the entire jurisdic21 tion of a local educational agency, agencywide pro22 grams for restructuring, reforming, and upgrading 

23 all relevant programs, activities, and operations re24 lating to language instruction educational programs 


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1 and academic content instruction for such children 

2 and youth. 

3 ‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible en4 tity receiving funds under section 3114(a) for a fiscal year 

5 may use not more than 2 percent of such funds for the 

6 direct cost of administering this subpart. 

7 ‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi8 ble entity receiving funds under section 3114(a) shall use 

9 the funds for 2 or more of the following activities: 

10 ‘‘(1) Increasing the English language pro11 ficiency of English learners by providing high-quality 

12 evidence-based language instruction educational pro13 grams and academic content instruction programs 

14 that meet the needs of the specific English learners 

15 served, and by identifying, acquiring, and upgrading 

16 curricula, instructional materials, educational soft17 ware, and assessment practices that are proven ef18 fective in— 

19 ‘‘(A) increasing English language pro20 ficiency; 

21 ‘‘(B) increasing student academic achieve22 ment in the core academic subjects; and 

23 ‘‘(C) supporting students so that the stu24 dents are college and career ready. 


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1 ‘‘(2) Providing high-quality professional devel2 opment to teachers (including teachers of language 

3 instruction educational programs and academic con4 tent instruction programs, teachers of other aca5 demic subjects, and special education teachers), 

6 principals, administrators, and other school or com7 munity-based organization personnel that is— 

8 ‘‘(A) designed to improve the instruction 

9 and assessment of English learners; 

10 ‘‘(B) designed to enhance the ability of 

11 teachers and school leaders to understand and 

12 effectively implement curricula, assessment 

13 practices and measures, and instructional strat14 egies for English learners; 

15 ‘‘(C) aligned with the instructional pro16 gram used by teachers that is responsive to the 

17 needs of the English learners served; 

18 ‘‘(D) based on scientifically valid research 

19 demonstrating the effectiveness of the profes20 sional development in increasing children’s 

21 English language proficiency or substantially 

22 increasing the subject matter knowledge, teach23 ing knowledge, and teaching skills of teachers; 

24 and 


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1 ‘‘(E) of sufficient intensity and duration 

2 (which shall not include activities such as 1-day 

3 or short-term workshops and conferences) to 

4 have a positive and lasting impact on the per5 formance of teachers in the classroom, except 

6 that this subparagraph shall not apply to an ac7 tivity that is 1 component of a long-term, com8 prehensive professional development plan estab9 lished by a teacher and the teacher’s supervisor 

10 based on an assessment of the needs of the 

11 teacher, the supervisor, the students of the 

12 teacher, and any local educational agency em13 ploying the teacher, as appropriate. 

14 ‘‘(3) Carrying out other highly focused, evi15 dence-based, proven effective activities and strategies 

16 that expand, enhance, or supplement existing lan17 guage instruction educational programs and aca18 demic content instruction programs for English 

19 learners, including activities that enhance and in20 crease parent, family, and community participation, 

21 maximize coordination and alignment among related 

22 programs, and build partnerships between schools 

23 and community-based early learning programs serv24 ing English learners. 


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1 ‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Sub2 ject to subsection (c), an eligible entity receiving funds 

3 under section 3114(a) may use the funds to achieve 1 of 

4 the purposes described in subsection (a) by undertaking 

5 1 or more of the following activities: 

6 ‘‘(1) Upgrading program objectives and effec7 tive instruction strategies. 

8 ‘‘(2) Providing to English learners— 

9 ‘‘(A) tutorials and academic or career and 

10 technical education; and 

11 ‘‘(B) intensified instruction. 

12 ‘‘(3) Developing and implementing preschool, 

13 elementary school, or secondary school language in14 struction educational programs and academic con15 tent instruction programs that are coordinated with 

16 other relevant programs and services. 

17 ‘‘(4) Improving the English language pro18 ficiency and academic achievement of children who 

19 are English learners. 

20 ‘‘(5) Improving the instruction of English learn21 ers, including English learners who are children with 

22 disabilities, by providing for— 

23 ‘‘(A) the acquisition or development of 

24 educational technology or instructional mate25 rials; 


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1 ‘‘(B) access to, and participation in, elec2 tronic networks for materials, training, and 

3 communication; and 

4 ‘‘(C) incorporation of the resources de5 scribed in subparagraphs (A) and (B) into cur6 ricula and programs, such as curricula and pro7 grams funded under this subpart. 

8 ‘‘(6) Providing community participation pro9 grams, family literacy activities, and parent and 

10 family outreach and training activities to children 

11 who are English learners and their families— 

12 ‘‘(A) to improve the English language 

13 skills of children who are English learners; and 

14 ‘‘(B) to assist parents in— 

15 ‘‘(i) helping their children to improve 

16 their academic achievement; and 

17 ‘‘(ii) becoming active participants in 

18 the education of their children. 

19 ‘‘(7) Carrying out other activities that are con20 sistent with the purposes of this subpart. 

21 ‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUB22 STANTIAL INCREASES IN IMMIGRANT CHILDREN AND

23 YOUTH.— 

24 ‘‘(1) IN GENERAL.—An eligible entity receiving 

25 funds under section 3114(d)(1) shall use the funds 


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1 to pay for activities that provide enhanced instruc2 tional opportunities for immigrant children and 

3 youth, which may include— 

4 ‘‘(A) family literacy, parent and family 

5 outreach, and leadership development activities 

6 designed to assist parents and family members 

7 in becoming engaged participants in the edu8 cation and development of their children; 

9 ‘‘(B) support for personnel, including para10 professionals who have been specifically trained, 

11 or are being trained, to provide services to im12 migrant children and youth; 

13 ‘‘(C) the provision of tutorials, mentoring, 

14 and academic or career counseling for immi15 grant children and youth; 

16 ‘‘(D) identification, development, and ac17 quisition of curricular materials, educational 

18 software, and technologies to be used in the 

19 program carried out with funds awarded under 

20 section 3114(a); 

21 ‘‘(E) basic instructional services that are 

22 directly attributable to the presence in the local 

23 educational agency involved of immigrant chil24 dren and youth, including the payment of costs 


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1 of providing additional classroom supplies and 

2 costs of transportation; 

3 ‘‘(F) such other costs that are directly at4 tributable to such additional basic instructional 

5 services or that are designed to assist immi6 grant children and youth to achieve in elemen7 tary schools and secondary schools in the 

8 United States, such as programs of introduction 

9 to the educational system and civics education; 

10 and 

11 ‘‘(G) activities, coordinated with commu12 nity-based organizations (including community13 based organizations providing early childhood 

14 education and care programs), institutions of 

15 higher education, private sector entities, or 

16 other entities with expertise in working with im17 migrants, to assist parents of immigrant chil18 dren and youth by offering comprehensive com19 munity services. 

20 ‘‘(2) DURATION OF SUBGRANTS.—The duration 

21 of a subgrant made by a State educational agency 

22 under section 3114(d)(1) shall be determined by the 

23 agency in its discretion. 

24 ‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 


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1 ‘‘(1) IN GENERAL.—An eligible entity receiving 

2 a subgrant from a State educational agency under 

3 this subpart shall select 1 or more methods or forms 

4 of instruction to be used in the programs and activi5 ties undertaken by the entity in assisting English 

6 learners in attaining English language proficiency 

7 and meeting State academic content and student 

8 academic achievement standards, to be on track to 

9 college and career readiness. 

10 ‘‘(2) CONSISTENCY.—The selection of methods 

11 or forms of instruction, as described under para12 graph (1), shall be consistent with sections 3124 

13 through 3126. 

14 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds 

15 made available under this subpart shall be used so as to 

16 supplement the level of Federal, State, and local public 

17 funds that, in the absence of such availability, would have 

18 been expended for programs for English learners and im19 migrant children and youth and in no case to supplant 

20 such Federal, State, and local public funds. 

21 ‘‘(h) PROHIBITION ON USE OF FUNDS.—A sub22 grantee shall not use subgrant funds received under this 

23 subpart for services that are required to be provided to 

24 English learners as a result of— 


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1 ‘‘(1) a letter of findings, issued by the Assistant 

2 Secretary for Civil Rights, indicating that the sub3 grantee’s program and services do not meet the legal 

4 requirements under title VI of the Civil Rights Act 

5 of 1964 (42 U.S.C. 2000d et seq.), unless the sub6 grantee has appealed the findings or entered into 

7 settlement discussions designed to lead to a resolu8 tion agreement with the Assistant Secretary for Civil 

9 Rights pursuant to section 100.7(d) of title 34, Code 

10 of Federal Regulations; or 

11 ‘‘(2) a Federal court order resulting from litiga12 tion in the Federal courts, except where the litiga13 tion commences with a complaint filed with an ac14 companying consent decree, to enforce title VI of the 

15 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 

16 or section 204(f) of the Equal Educational Opportu17 nities Act of 1974 (20 U.S.C. 1703(f)).’’. 

18 SEC. 3008. LOCAL PLANS. 

19 Section 3116 (20 U.S.C. 6826) is amended to read 

20 as follows: 

21 ‘‘SEC. 3116. LOCAL PLANS. 

22 ‘‘(a) PLAN REQUIRED.—Each eligible entity desiring 

23 a subgrant from a State educational agency under section 

24 3114 shall submit a plan to the State educational agency 


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1 at such time, in such manner, and containing such infor2 mation as the State educational agency may require. 

3 ‘‘(b) CONTENTS.—Each plan submitted under sub4 section (a) shall— 

5 ‘‘(1) describe the scientifically valid programs 

6 and activities proposed to be developed, imple7 mented, and administered under the subgrant, in8 cluding how such programs and activities will sup9 plement programs intended to enable children to 

10 speak, read, write, and comprehend the English lan11 guage, meet State academic content and student 

12 academic achievement standards, and graduate high 

13 school ready for college and careers; 

14 ‘‘(2) describe how the eligible entity will hold el15 ementary schools and secondary schools receiving 

16 funds under this subpart accountable for— 

17 ‘‘(A) assessing annually, in accordance 

18 with section 1111, the English language pro19 ficiency of all English learners participating in 

20 programs funded under this subpart; and 

21 ‘‘(B) meeting timelines, progress criteria, 

22 and performance targets for English learners in 

23 order to ensure that such children served by the 

24 programs carried out under this part— 


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1 ‘‘(i) develop proficiency in English; 

2 and 

3 ‘‘(ii) master the academic content 

4 knowledge they need to meet the State’s 

5 college and career ready academic content 

6 standards under section 1111(a)(1); 

7 ‘‘(3) describe how the eligible entity will pro8 mote family and community member engagement; 

9 ‘‘(4) describe how the eligible entity will consult 

10 with teachers, researchers, school administrators, 

11 parents, family and community members, and, if ap12 propriate, with education-related community groups 

13 and nonprofit organizations, and institutions of 

14 higher education, in developing and implementing 

15 such plan; 

16 ‘‘(5) describe how language instruction edu17 cational programs and academic content instruction 

18 programs carried out under the subgrant will ensure 

19 that English learners being served by the programs 

20 develop English language proficiency and dem21 onstrate such proficiency through academic content 

22 mastery; 

23 ‘‘(6) ensure that activities supported by funds 

24 allocated to individual schools are described in any 

25 general local school level-plan required by the eligible 


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1 entity, and in the absence of a required school-level 

2 plan, such activities are described in a separate 

3 school-level title III activity plan; and 

4 ‘‘(7) contain an assurance that— 

5 ‘‘(A) the eligible entity is not in violation 

6 of State law, including State constitutional law, 

7 regarding the education of English learners, 

8 consistent with sections 3124 through 3128; 

9 ‘‘(B) each local educational agency that is 

10 included in the eligible entity complies with sec11 tion 3202 prior to, and throughout, each school 

12 year; and 

13 ‘‘(C) systemic improvements for meeting 

14 the needs of English learners and targeting 

15 funds to particular concentrations of English 

16 learners were considered in developing such 

17 plan. 

18 ‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible 

19 entity receiving a subgrant under this subpart shall in20 clude in its plan a certification that all teachers in any 

21 language instruction educational program for English 

22 learners that is, or will be, funded under this part are flu23 ent in the languages used for instruction, including having 

24 written and oral communications skills.’’. 


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1 SEC. 3009. EVALUATIONS. 

2 Section 3121 (20 U.S.C. 6841) is amended to read 

3 as follows: 

4 ‘‘SEC. 3121. EVALUATIONS. 

5 ‘‘(a) IN GENERAL.—Each eligible entity that receives 

6 a subgrant from a State educational agency under subpart 

7 1 shall provide such agency, at the conclusion of every sec8 ond fiscal year during which the subgrant is received, with 

9 an evaluation of programs and services supported under 

10 this title, in a form prescribed by the agency, that in11 cludes— 

12 ‘‘(1) a description of the programs and activi13 ties conducted by the entity with funds received 

14 under subpart 1 during the 2 immediately preceding 

15 fiscal years, including how such programs and activi16 ties supplemented programs funded primarily with 

17 State or local funds; 

18 ‘‘(2) a description of the progress made by 

19 English learners in improving their English language 

20 proficiency, in meeting the State’s academic content 

21 and student academic achievement standards, and in 

22 graduating from high school ready for college and 

23 careers; 

24 ‘‘(3) the number and percentage of English 

25 learners participating in the programs and activities 

26 supported by funds provided under this part, who by 


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1 the end of each school year, attain English language 

2 proficiency in each of the 4 domains of reading, 

3 writing, speaking, and listening, as determined by 

4 the State’s English language proficiency assessment 

5 and the number who exit the language instruction 

6 educational programs based on their attainment of 

7 English language proficiency on such assessment; 

8 ‘‘(4) a description of the progress made by 

9 former English learners in meeting the State’s aca10 demic content and student academic achievement 

11 standards and in graduating from high school and 

12 being college and career ready, for each of the 3 

13 years after such individuals are no longer receiving 

14 services under this part; and 

15 ‘‘(5) the number and percentage of English 

16 learners who have not attained English language 

17 proficiency within 5 years of first enrollment in the 

18 local educational agency and initial classification as 

19 English learners. 

20 ‘‘(b) USE OF EVALUATION.—An evaluation provided 

21 by an eligible entity under subsection (a) shall be used 

22 by the entity and the State educational agency— 

23 ‘‘(1) to assess the progress of children in at24 taining English language proficiency, including— 


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1 ‘‘(A) a child’s level of speaking, listening, 

2 reading, and writing skills in English; and 

3 ‘‘(B) a child’s progress in attaining the 

4 State student academic achievement and college 

5 and career readiness standards; and 

6 ‘‘(2) to improve programs and activities, includ7 ing by determining the effectiveness of programs 

8 and activities in increasing the English language 

9 proficiency of English learners and making deter10 minations about whether or not to continue funding 

11 for specific programs or activities.’’. 

12 SEC. 3010. REPORTING REQUIREMENTS. 

13 Section 3122 (as redesignated by section 3001(3)) 

14 (20 U.S.C. 6843) is amended— 

15 (1) by striking ‘‘children who are limited 

16 English proficient’’ each place the term appears and 

17 inserting ‘‘English learners’’; 

18 (2) by striking ‘‘limited English proficient chil19 dren’’ each place the term appears and inserting 

20 ‘‘English learners’’; and 

21 (3) in subsection (b)— 

22 (A) in the matter before paragraph (1), by 

23 striking ‘‘Committee on Education and the 

24 Workforce of the House of Representatives and 

25 the Committee on Health, Education, Labor, 


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1 and Pensions of the Senate’’ and inserting ‘‘au2 thorizing committees’’; 

3 (B) in paragraph (4), by striking ‘‘section 

4 3111(b)(2)(C)’’ and inserting ‘‘section 

5 3111(b)(2)’’; and 

6 (C) in paragraph (9), by striking ‘‘the eval7 uations from specially qualified agencies and’’. 

8 SEC. 3011. COORDINATION WITH RELATED PROGRAMS. 

9 Section 3123 (as redesignated by section 3001(3)) 

10 (20 U.S.C. 6844) is amended— 

11 (1) by striking ‘‘children of limited English pro12 ficiency’’ and inserting ‘‘English learners’’; and 

13 (2) by striking ‘‘language-minority and limited 

14 English proficient children’’ and inserting ‘‘lan15 guage-minority children and English learners’’. 

16 SEC. 3012. RULES OF CONSTRUCTION. 

17 Section 3124 (as redesignated by section 3001(3)) 

18 (20 U.S.C. 6845) is amended— 

19 (1) by striking ‘‘limited English proficient chil20 dren’’ and inserting ‘‘English learners’’ each place 

21 the term appears; 

22 (2) in paragraph (2), by striking ‘‘or’’; 

23 (3) in paragraph (3), by striking the period at 

24 the end and inserting ‘‘; or’’; and 

25 (4) by adding at the end the following: 


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1 ‘‘(4) to require an eligible entity to cease pro2 viding services under this title to any student who 

3 may have been assessed at or above the proficiency 

4 level on the annual assessment of English language 

5 proficiency under section 1111(a)(2)(D), but has not 

6 attained, or is not on track to attain, the proficiency 

7 level on the regular State academic content assess8 ment under section 1111(a)(2)(A), including such 

9 assessment in English or language arts.’’. 

10 SEC. 3013. PROHIBITION. 

11 Section 3128 (as redesignated by section 3001(3)) 

12 (20 U.S.C. 6849) is amended by striking ‘‘limited English 

13 proficient children’’ and inserting ‘‘English learners’’. 

14 SEC. 3014. NATIONAL ACTIVITIES. 

15 Subpart 3 of part A of title III (20 U.S.C. 6861) 

16 is amended— 

17 (1) by striking section 3131 and inserting the 

18 following: 

19 ‘‘SEC. 3131. PROFESSIONAL DEVELOPMENT GRANTS. 

20 ‘‘The Secretary shall use funds made available under 

21 section 3111(c)(1)(C) to award grants on a competitive 

22 basis, for a period of not more than 5 years, to institutions 

23 of higher education or nonprofit institutions with relevant 

24 experience or expertise and capacity (in consortia with 

25 State educational agencies or local educational agencies) 


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1 to provide for professional development activities that will 

2 improve classroom instruction for English learners and as3 sist educational personnel working with such children to 

4 meet high professional standards, including standards for 

5 certification and licensure as teachers who work in lan6 guage instruction educational programs and academic con7 tent instruction programs or serve English learners. 

8 Grants awarded under this section may be used to— 

9 ‘‘(1) support partnerships between State or 

10 local educational agencies and institutions of higher 

11 education to support the work of individuals who are 

12 completing baccalaureate and masters programs 

13 (such as programs in the areas of teacher training, 

14 program administration, policy, research, evaluation, 

15 assessment, and curriculum development) and to im16 prove educational services and programs for English 

17 learners, provided that recipients of fellowships or 

18 assistance are required, on completion of their stud19 ies, to— 

20 ‘‘(A) assist in the education of English 

21 learners through work in a school, local edu22 cational agency, or other educational agency or 

23 organization for a period of time equivalent to 

24 the period of time during which an individual 

25 receives assistance under this section; or 


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1 ‘‘(B) repay all or a prorated part of their 

2 assistance under this section; 

3 ‘‘(2) support research on promising instruc4 tional strategies or programs that have practical ap5 plications for teachers, counselors, parents and fam6 ily members, school leaders, and others responsible 

7 for educating or improving the education of English 

8 learners and their families; 

9 ‘‘(3) support strategies that promote school 

10 readiness for English learners and their transition 

11 from early childhood programs, such as Head Start 

12 or State-run preschool programs, to elementary 

13 school programs; 

14 ‘‘(4) support strategies that promote high 

15 school graduation for English learners; 

16 ‘‘(5) support strategies that strengthen and in17 crease family and community member engagement 

18 in education; 

19 ‘‘(6) support the development of curricula that 

20 are appropriate to the needs of the participating 

21 consortium; and 

22 ‘‘(7) support the dissemination of information 

23 gathered in accordance with paragraphs (1) through 

24 (5), particularly evidence-based best practices and 

25 the provision of technical assistance.’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘SEC. 3132. COMMISSION ON ASSESSMENT OF ENGLISH 

3 LEARNERS. 

4 ‘‘(a) COMMISSION ON ASSESSMENT OF ENGLISH

5 LEARNERS.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall estab7 lish an independent commission on the assessment 

8 and advancement of English learners (referred to in 

9 this section as the ‘commission’) to carry out the ac10 tivities described in subsection (c). 

11 ‘‘(2) DATE OF APPOINTMENT.—The members 

12 of the commission shall be appointed not later than 

13 6 months after the date of enactment of the Elemen14 tary and Secondary Education Reauthorization Act 

15 of 2011. 

16 ‘‘(b) COMPOSITION.— 

17 ‘‘(1) IN GENERAL.—The commission shall be 

18 comprised of individuals with experience and exper19 tise in the educational advancement and develop20 ment of English learners, including individuals with 

21 expertise in— 

22 ‘‘(A) the art of teaching English to speak23 ers of other languages; 

24 ‘‘(B) measurement and educational assess25 ment systems; and 


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1 ‘‘(C) educational assessment and account2 ability practices. 

3 ‘‘(2) EXPERTISE OF MEMBERS.—The Secretary 

4 shall ensure that the individuals selected in accord5 ance with paragraph (1) are experts who are com6 petent, by virtue of their training, expertise, or expe7 rience, to evaluate instruction, assessments, and 

8 models for English learners. 

9 ‘‘(c) DUTIES OF THE COMMISSION.—The commission 

10 shall provide the Secretary with advice and recommenda11 tions about the following issues: 

12 ‘‘(1) The development and approval of stand13 ards pertaining to English learners, in order to as14 sist the Secretary in the review and approval of 

15 statewide accountability systems that are required 

16 under section 1111(a)(3). 

17 ‘‘(2) The provision of regulations and guidance 

18 pertaining to the inclusion of English learners in as19 sessment and accountability systems, including rec20 ommendations about appropriate accommodations 

21 and appropriate weights for assessments involving 

22 English learners. 

23 ‘‘(3) Ensuring that State English language pro24 ficiency standards under section 1111(a)(1)(E) are 


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1 properly aligned with college and career ready aca2 demic content standards under section 1111(a)(1). 

3 ‘‘(4) The formation of peer review panels, under 

4 section 1111(b)(4), with regard to— 

5 ‘‘(A) the inclusion on the panels of experts 

6 about English learners; and 

7 ‘‘(B) processes to ensure that the work of 

8 the peer review panel is consistent with the 

9 standards and guidance developed by the com10 mission. 

11 ‘‘(5) Identifying ways to support local capacity12 building efforts to assist local educational agencies 

13 and schools in properly supporting English learners. 

14 ‘‘(6) Ensuring that the research, development, 

15 and dissemination activities of the Department ad16 dress identified gaps in knowledge for effectively in17 cluding English learners in assessment and account18 ability practices. 

19 ‘‘(7) Ways to address the needs of English 

20 learners in all program planning at the Department, 

21 including inter- and intra-agency coordination. 

22 ‘‘(d) ANNUAL REPORT.—The commission shall, be23 ginning not later than 1 year after the date on which all 

24 members of the commission have been appointed, submit 

25 an annual report to the Secretary and the authorizing 


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1 committees of Congress containing the findings and rec2 ommendations described in subsection (c).’’. 

3 SEC. 3015. DEFINITIONS. 

4 Section 3201 (as redesignated by section 3001(6)) 

5 (20 U.S.C. 7011) is amended— 

6 (1) by striking paragraph (13); 

7 (2) redesignating paragraphs (5) through (12) 

8 as paragraphs (6) through (13), respectively; 

9 (3) by inserting after paragraph (4) the fol10 lowing: 

11 ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible en12 tity’ means— 

13 ‘‘(A) 1 or more local educational agencies; 

14 or 

15 ‘‘(B) 1 or more local educational agencies, 

16 in collaboration with an institution of higher 

17 education, community-based organization, or 

18 State educational agency.’’. 

19 (4) in paragraph (6), as redesignated by para20 graph (2)— 

21 (A) in subparagraph (A)— 

22 (i) in clause (i)— 

23 (I) by striking ‘‘limited English 

24 proficient adults’’ and inserting 

25 ‘‘adults who meets the English learner 


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1 requirements described in subpara2 graphs (C) and (D) of section 

3 9101(23)’’; and 

4 (II) by striking ‘‘English pro5 ficiency’’ and inserting ‘‘English lan6 guage proficiency’’; and 

7 (ii) in clause (ii), by striking the semi8 colon and inserting ‘‘; and’’; 

9 (B) by striking subparagraph (B); and 

10 (C) by redesignating subparagraph (C) as 

11 subparagraph (B); 

12 (5) in paragraph (9)(A), as redesignated by 

13 paragraph (2)— 

14 (A) by striking ‘‘a limited English pro15 ficient child’’ and inserting ‘‘an English learn16 er’’; and 

17 (B) by striking ‘‘challenging State aca18 demic content and student academic achieve19 ment standards, as required by section 

20 1111(b)(1)’’ and inserting ‘‘college and career 

21 ready academic content and student academic 

22 achievement standards, as required by section 

23 1111(a)(1)’’; and 

24 (6) in paragraph (12), as redesignated by para25 graph (2), by striking ‘‘an individual of limited 


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1 English proficiency,’’ and inserting ‘‘an individual 

2 who meets the English learner requirements de3 scribed in subparagraphs (C) and (D) of section 

4 9101(23),’’. 

5 SEC. 3016. PARENTAL NOTIFICATION. 

6 Section 3202 (as redesignated by section 3001(6)) 

7 (20 U.S.C. 7012) is amended to read as follows: 

8 ‘‘SEC. 3202. PARENTAL NOTIFICATION. 

9 ‘‘(a) IN GENERAL.—Each eligible entity receiving 

10 funds under this title to provide a language instruction 

11 educational program and academic content instruction 

12 program shall, not later than 30 days after the beginning 

13 of the school year, inform a parent or the parents of an 

14 English learner identified for participation in, or partici15 pating in, such program of— 

16 ‘‘(1) the reasons for the identification of their 

17 child as an English learner and in need of placement 

18 in a language instruction educational program and 

19 academic content instruction program; 

20 ‘‘(2) the child’s level of English language pro21 ficiency, how that level was assessed, and the status 

22 of the child’s academic achievement; 

23 ‘‘(3) the method of instruction used in the pro24 gram in which their child is, or will be, participating, 

25 and the methods of instruction used in other availVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 able programs, including how such programs differ 

2 in content, instructional goals, and use of English 

3 and a native language in instruction; 

4 ‘‘(4) how the program in which their child is, 

5 or will be participating, will appropriately respond to 

6 the educational strengths and needs of the child; 

7 ‘‘(5) how the program will specifically help their 

8 child learn English and reflect age appropriate aca9 demic achievement standards for grade promotion 

10 and graduation; 

11 ‘‘(6) the specific exit requirements for the pro12 gram, the expected rate of transition from the pro13 gram into classrooms that are not tailored for 

14 English learners, and the expected rate of gradua15 tion from secondary school for English learners in 

16 the program if the child is in secondary school; 

17 ‘‘(7) in the case of a child with a disability, how 

18 the program meets the objectives of the child’s indi19 vidualized education program; and 

20 ‘‘(8) information pertaining to parental rights 

21 that includes written guidance— 

22 ‘‘(A) detailing— 

23 ‘‘(i) the parent’s right to have the 

24 parent’s child immediately removed from 


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1 the program upon the parent’s request; 

2 and 

3 ‘‘(ii) the options that parents have to 

4 decline to enroll their child in such pro5 gram or to choose another program or 

6 method of instruction, if available; and 

7 ‘‘(B) assisting parents in selecting among 

8 various programs and methods of instruction, if 

9 more than 1 program or method is offered by 

10 the eligible entity. 

11 ‘‘(b) RECEIPT OF INFORMATION.—The information 

12 described in subsection (a) shall be provided in an under13 standable and uniform format and, to the extent prac14 ticable, in a language that the parent can understand. 

15 ‘‘(c) SPECIAL RULE APPLICABLE DURING SCHOOL

16 YEAR.—For a child who has not been identified for par17 ticipation in a language instruction educational program 

18 and academic content instruction program prior to the be19 ginning of the school year, the eligible entity shall carry 

20 out subsections (a) and (b) with respect to the parents 

21 of the child within 2 weeks of the child being placed in 

22 such program. 

23 ‘‘(d) PARENT AND FAMILY ENGAGEMENT.— 

24 ‘‘(1) IN GENERAL.—Each eligible entity using 

25 funds provided under this title to provide a language 


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1 instruction educational program and academic con2 tent instruction program shall implement an effec3 tive means of outreach to parents and family mem4 bers of English learners to inform such parents and 

5 family members of how they can— 

6 ‘‘(A) be involved in the education of their 

7 children; and 

8 ‘‘(B) be active participants in assisting 

9 their children— 

10 ‘‘(i) to learn English; 

11 ‘‘(ii) to achieve at high levels in core 

12 academic subjects; 

13 ‘‘(iii) to meet the same State aca14 demic content and student academic 

15 achievement standards as all children are 

16 expected to meet to become on track to col17 lege and career readiness; and 

18 ‘‘(iv) to understand expectations for 

19 college readiness and career success. 

20 ‘‘(2) RECEIPT OF RECOMMENDATIONS.—The 

21 outreach described in paragraph (1) shall include 

22 holding, and sending notice of opportunities for, reg23 ular meetings for the purpose of formulating and re24 sponding to recommendations from parents de25 scribed in such paragraph. 


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1 ‘‘(e) BASIS FOR ADMISSION OR EXCLUSION.—A child 

2 shall not be admitted to, or excluded from, any federally 

3 assisted education program on the basis of a surname or 

4 language-minority status.’’. 

5 SEC. 3017. NATIONAL CLEARINGHOUSE. 

6 Section 3203 (as redesignated by section 3001(6)) 

7 (20 U.S.C. 7013) is amended by striking ‘‘limited English 

8 proficient children’’ and inserting ‘‘English learners’’ each 

9 place the term appears. 

10 SEC. 3018. REGULATIONS. 

11 Section 3204 (as redesignated by section 3001(6)) 

12 (20 U.S.C. 7014) is amended— 

13 (1) by striking ‘‘limited English proficient indi14 viduals’’ and inserting ‘‘English learners’’; and 

15 (2) by striking ‘‘limited English proficient chil16 dren’’ and inserting ‘‘English learners’’. 

17 TITLE IV—SUPPORTING SUC18 CESSFUL, WELL-ROUNDED 

19 STUDENTS 

20 SEC. 4101. REDESIGNATIONS. 

21 Title IV (20 U.S.C. 7101 et seq.) is amended— 

22 (1) by striking the title heading and inserting 

23 the following: ‘‘SUPPORTING SUCCESSFUL, 

24 WELL-ROUNDED STUDENTS’’; 


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1 (2) by redesignating subpart 3 of part A as 

2 subpart 1 of part G of title IX, as added by section 

3 9104(a) of this Act, and transferring such subpart 

4 1 so as to follow the part heading of such part G 

5 as added by section 9104(a) of this Act; 

6 (3) by redesignating section 4141 as section 

7 9701; 

8 (4) by redesignating part C as subpart 2 of 

9 part G of title IX, as added by section 9104(a) of 

10 this Act, and transferring such subpart 2 so as to 

11 follow subpart 1 of part G of title IX, as redesig12 nated by paragraph (2); 

13 (5) by redesignating sections 4301, 4302, 4303, 

14 and 4304, as sections 9721, 9722, 9723, and 9724, 

15 respectively; 

16 (6) in section 9721, as redesignated by para17 graph (5), by striking ‘‘part’’ and inserting ‘‘sub18 part’’; 

19 (7) in section 9722, as redesignated by para20 graph (5)— 

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

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

23 (B) in paragraph (2)(B), by striking 

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


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1 (8) in section 9723(e)(3), by striking the mat2 ter following subparagraph (B) and inserting the fol3 lowing: 

4 ‘‘(C) such other matters as justice may re5 quire.’’; and 

6 (9) in section 9724, as redesignated by para7 graph (5), by striking ‘‘part’’ both places the term 

8 appears and inserting ‘‘subpart’’. 

9 SEC. 4102. IMPROVING LITERACY INSTRUCTION AND STU10 DENT ACHIEVEMENT. 

11 Part A of title IV (20 U.S.C. 7101 et seq.) is amend12 ed to read as follows: 

13 ‘‘PART A—IMPROVING LITERACY INSTRUCTION 

14 AND STUDENT ACHIEVEMENT 

15 ‘‘SEC. 4101. SHORT TITLE. 

16 ‘‘This part may be cited as the ‘Improving Literacy 

17 Instruction and Student Achievement Act’. 

18 ‘‘SEC. 4102. PURPOSES. 

19 ‘‘The purposes of this part are— 

20 ‘‘(1) to improve student academic achievement 

21 in reading and writing by providing Federal support 

22 to State educational agencies to develop, coordinate, 

23 and implement comprehensive literacy plans that en24 sure high-quality instruction and effective strategies 


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1 in reading and writing from early education through 

2 grade 12; and 

3 ‘‘(2) to assist State educational agencies in 

4 achieving the purpose described in paragraph (1) 

5 by— 

6 ‘‘(A) supporting the development and im7 plementation of comprehensive early learning 

8 through grade 12 literacy programs in every 

9 State that are based on scientifically valid re10 search, to ensure that every child can read and 

11 write at grade level or above; 

12 ‘‘(B) providing children with learning op13 portunities in high-quality, language rich, lit14 erature rich, informational text rich, culturally 

15 relevant, and developmentally appropriate envi16 ronments so that the children develop the fun17 damental knowledge and skills necessary for lit18 eracy engagement, development, and achieve19 ment in kindergarten through grade 12; 

20 ‘‘(C) educating parents in the ways the 

21 parents can support their child’s communication 

22 and literacy development; 

23 ‘‘(D) supporting efforts to link and align 

24 standards and research-based instruction and 

25 teaching practices in early learning programs; 


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1 ‘‘(E) supporting high-quality and effective 

2 strategies for children to develop oral language, 

3 reading, and writing abilities through high-qual4 ity research-based instruction and teaching 

5 practices; 

6 ‘‘(F) improving academic achievement by 

7 establishing adolescent literacy initiatives that 

8 provide explicit and systematic instruction in 

9 oral language, reading, and writing development 

10 across the curriculum; 

11 ‘‘(G) identifying and supporting children 

12 reading and writing significantly below grade 

13 level by providing research-based, intensive 

14 interventions, including interventions conducted 

15 during extended learning time, to help the chil16 dren acquire the language and literacy skills the 

17 children need to stay on track for graduation; 

18 ‘‘(H) providing assistance to local edu19 cational agencies in order to provide educators 

20 with ongoing, job embedded professional devel21 opment, and other support, that focuses on— 

22 ‘‘(i) effective literacy instruction; and 

23 ‘‘(ii) the special knowledge and skills 

24 necessary to teach and support literacy deVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 velopment effectively across the develop2 mental and age span; 

3 ‘‘(I) supporting State educational agencies 

4 and local educational agencies in improving 

5 reading, writing, and literacy-based academic 

6 achievement for children, especially children 

7 who are low-income individuals, are English 

8 learners, are migratory, are children with dis9 abilities, are Indian or Alaskan Native, are ne10 glected or delinquent, are homeless, are in the 

11 custody of the child welfare system, or have 

12 dropped out of school; 

13 ‘‘(J) supporting State educational agencies 

14 and local educational agencies in using age ap15 propriate and developmentally and linguistically 

16 appropriate instructional materials and strate17 gies that assist teachers as the teachers work 

18 with children to develop reading and writing 

19 competencies appropriate to the children’s 

20 grade and skill levels; 

21 ‘‘(K) strengthening coordination among 

22 schools, early literacy programs, family literacy 

23 programs, juvenile justice programs, public li24 braries, and outside-of-school programs that 

25 provide children with strategies, curricula, 


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1 interventions, and assessments designed to ad2 vance early and continuing language and lit3 eracy development in ways appropriate for each 

4 context; 

5 ‘‘(L) supporting professional development 

6 for educators based on scientific approaches to 

7 adult learning; and 

8 ‘‘(M) evaluating whether the professional 

9 development activities and approaches are effec10 tive in building knowledge and skills of edu11 cators and their use of appropriate and effective 

12 practices. 

13 ‘‘SEC. 4103. DEFINITIONS. 

14 ‘‘In this part: 

15 ‘‘(1) CHILD.—The term ‘child’ means an indi16 vidual from the age of birth through the final year 

17 for which the State provides free public education. 

18 ‘‘(2) CLASSROOM-BASED INSTRUCTIONAL AS19 SESSMENT.—The term ‘classroom-based instruc20 tional assessment’ means an assessment for children 

21 from birth through grade 3 that— 

22 ‘‘(A) is valid and reliable for the age and 

23 population of children served in the program; 

24 ‘‘(B) is used to evaluate children’s develop25 mental progress and learning and includes sysVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 tematic observations by teachers of children 

2 performing tasks, including academic and lit3 eracy tasks, that are part of the children’s daily 

4 classroom experience; and 

5 ‘‘(C) is used to improve classroom instruc6 tion. 

7 ‘‘(3) COMPREHENSIVE LITERACY INSTRUC8 TION.—The term ‘comprehensive literacy instruc9 tion’ means instruction that— 

10 ‘‘(A) incorporates effective literacy instruc11 tion; and 

12 ‘‘(B) is designed to support— 

13 ‘‘(i) developmentally appropriate, con14 textually explicit, systematic instruction, 

15 and frequent practice, in reading across 

16 content areas; and 

17 ‘‘(ii) developmentally appropriate and 

18 contextually explicit instruction, and fre19 quent practice, in writing across content 

20 areas. 

21 ‘‘(4) DEVELOPMENTAL DELAY.—The term ‘de22 velopmental delay’ has the meaning given the term 

23 in section 632 of the Individuals with Disabilities 

24 Education Act (20 U.S.C. 1432). 


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1 ‘‘(5) EARLY LEARNING PROGRAM.—The term 

2 ‘early learning program’ means a program serving 

3 children between the ages of birth and kindergarten 

4 entry. 

5 ‘‘(6) EFFECTIVE LITERACY INSTRUCTION.— 

6 ‘‘(A) IN GENERAL.—The term ‘effective lit7 eracy instruction’ means literacy instruction 

8 that— 

9 ‘‘(i) includes age-appropriate, explicit, 

10 systematic, and intentional instruction in 

11 phonological awareness, phonic decoding, 

12 vocabulary, language structure, reading 

13 fluency, and reading comprehension; 

14 ‘‘(ii) includes age-appropriate, explicit 

15 instruction in writing, including opportuni16 ties for children to write with clear pur17 poses, with critical reasoning appropriate 

18 to the topic and purpose, and with specific 

19 instruction and feedback from instructional 

20 staff; 

21 ‘‘(iii) makes available and uses di22 verse, high-quality print materials that re23 flect the reading and development levels, 

24 and interests, of children; 


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1 ‘‘(iv) uses differentiated instructional 

2 approaches, including individual and small 

3 group instruction and discussion; 

4 ‘‘(v) provides opportunities for chil5 dren to use language with peers and adults 

6 in order to develop language skills, includ7 ing developing vocabulary; 

8 ‘‘(vi) includes frequent practice of 

9 reading and writing strategies; 

10 ‘‘(vii) uses age-appropriate, valid, and 

11 reliable screening assessments, diagnostic 

12 assessments, formative assessments, and 

13 summative assessments to identify a child’s 

14 learning needs, to inform instruction, and 

15 to monitor the child’s progress and the ef16 fects of instruction; 

17 ‘‘(viii) uses strategies to enhance chil18 dren’s motivation to read and write and 

19 children’s engagement in self-directed 

20 learning; 

21 ‘‘(ix) incorporates the principles of 

22 universal design for learning; 

23 ‘‘(x) depends on teachers’ collabora24 tion in planning, instruction, and assessing 


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1 a child’s progress and on continuous pro2 fessional learning; and 

3 ‘‘(xi) links literacy instruction to the 

4 State college and career ready academic 

5 content standards under section 

6 1111(a)(1), including the ability to navi7 gate, understand, and write about, complex 

8 print and digital subject matter. 

9 ‘‘(B) BIRTH THROUGH KINDERGARTEN.— 

10 When used with respect to instruction for chil11 dren from birth to kindergarten entry, the term 

12 ‘effective literacy instruction’ also includes— 

13 ‘‘(i) developing such children’s alpha14 bet knowledge, reading aloud to children, 

15 discussing reading and writing with chil16 dren, and modeling age and develop17 mentally appropriate reading and writing 

18 strategies; and 

19 ‘‘(ii) encouraging children’s early at20 tempts at oral communication, reading, 

21 and writing. 

22 ‘‘(C) KINDERGARTEN THROUGH GRADE

23 12.—When used with respect to the instruction 

24 of children in kindergarten through grade 12, 


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1 the term ‘effective literacy instruction’ also in2 cludes— 

3 ‘‘(i) providing systematic and inten4 sive interventions, which can be provided 

5 inside or outside the classroom as well as 

6 before, during, or after regular school 

7 hours, to supplement regular instruction 

8 for children reading below grade level; 

9 ‘‘(ii) providing reading and writing 

10 opportunities that build academic vocabu11 lary and knowledge of different text struc12 tures in core academic subjects; 

13 ‘‘(iii) enabling children to write, com14 municate, and create knowledge, in ways 

15 that fit purpose, audience, occasion, dis16 cipline, and format, including practice in— 

17 ‘‘(I) adhering to language con18 ventions, including spelling, punctua19 tion, and grammar; 

20 ‘‘(II) planning and revising to 

21 improve clarity, coherence, logical de22 velopment, and language usage; and 

23 ‘‘(III) writing individually and 

24 collaboratively with feedback from in25 structors and peers; and 


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1 ‘‘(iv) cultivating shared responsibility 

2 for children’s literacy learning by coordi3 nating writing tasks, instructional prac4 tices, and criteria for feedback across aca5 demic content areas. 

6 ‘‘(7) ELIGIBLE ENTITY.—The term ‘eligible en7 tity’ means an entity— 

8 ‘‘(A) that serves high-need children; and 

9 ‘‘(B)(i) when used with respect to a 

10 subgrant under section 4108, that consists of— 

11 ‘‘(I) 1 or more local educational 

12 agencies providing early learning pro13 grams that have a demonstrated 

14 record of providing comprehensive lit15 eracy instruction for the age group 

16 such agencies or programs propose to 

17 serve; 

18 ‘‘(II) 1 or more public or private 

19 early learning programs, such as a 

20 Head Start program, a child care pro21 gram, a State-funded prekindergarten 

22 program, a public library program, or 

23 a family literacy program, that have a 

24 demonstrated record of providing 

25 comprehensive literacy instruction for 


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1 the age group such programs propose 

2 to serve; or 

3 ‘‘(III) 1 or more local educational 

4 agencies providing early learning pro5 grams, or 1 or more public or private 

6 early learning programs, such as a 

7 Head Start program, a child care pro8 gram, a State-funded prekindergarten 

9 program, a public library program, or 

10 a family literacy program, in partner11 ship with 1 or more public or private 

12 nonprofit organizations or agencies 

13 that have a demonstrated record of ef14 fectiveness— 

15 ‘‘(aa) in improving the early 

16 literacy development of children 

17 from birth through kindergarten 

18 entry; and 

19 ‘‘(bb) in providing profes20 sional development aligned with 

21 the activities described in section 

22 4108(e)(1); or 

23 ‘‘(ii) when used with respect to a 

24 subgrant under section 4109— 

25 ‘‘(I) that is— 


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1 ‘‘(aa) a local educational 

2 agency; 

3 ‘‘(bb) a consortium of local 

4 educational agencies; or 

5 ‘‘(cc) a local educational 

6 agency or consortium of local 

7 educational agencies acting in 

8 partnership with 1 or more public 

9 or private nonprofit organizations 

10 or agencies that have a dem11 onstrated record of effectiveness 

12 in— 

13 ‘‘(AA) improving lit14 eracy achievement of chil15 dren consistent with the 

16 purposes of their participa17 tion from kindergarten 

18 through grade 12; and 

19 ‘‘(BB) providing profes20 sional development aligned 

21 with the activities described 

22 in subsection (b) and (c) of 

23 section 4109; and 

24 ‘‘(II)(aa) has the highest num25 bers or proportion of children who are 


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1 counted under section 1124(c), in 

2 comparison to other local educational 

3 agencies in the State; 

4 ‘‘(bb) is among or consists of the 

5 local educational agencies in the State 

6 with the highest numbers or percent7 ages of children reading or writing 

8 below grade level, based on the most 

9 currently available State academic as10 sessment data under section 1111(a); 

11 or 

12 ‘‘(cc) has jurisdiction over a sig13 nificant number or percentage of 

14 schools that are identified as persist15 ently low-achieving under section 

16 1116(c)(2). 

17 ‘‘(8) ENGLISH LANGUAGE ACQUISITION.— 

18 ‘‘(A) IN GENERAL.—The term ‘English 

19 language acquisition’ means the process by 

20 which a non-native English speaker acquires 

21 proficiency in speaking, listening, reading, and 

22 writing the English language. 

23 ‘‘(B) INCLUSIONS FOR ENGLISH LEARNERS

24 IN SCHOOL.—For an English learner in school, 

25 such term includes not only the social language 


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1 proficiency needed to participate in the school 

2 environment, but also the academic language 

3 proficiency needed to acquire literacy and aca4 demic content and demonstrate the child’s 

5 learning. 

6 ‘‘(9) FAMILY LITERACY SERVICES.—The term 

7 ‘family literacy services’ means literacy services pro8 vided to participants on a voluntary basis that are 

9 of sufficient intensity and quality, that better enable 

10 parents to support their children’s learning needs, 

11 and that integrate— 

12 ‘‘(A) interactive literacy activities between 

13 or among family members who are primary 

14 caregivers and their children, including family 

15 literacy education to improve literacy of par16 ents; and 

17 ‘‘(B) training for family members who are 

18 primary caregivers regarding how to be the pri19 mary teacher for their children and full part20 ners in the education of their children. 

21 ‘‘(10) FORMATIVE ASSESSMENT.—The term 

22 ‘formative assessment’ means an assessment that— 

23 ‘‘(A) is teacher-generated or selected by 

24 teachers or instructional leaders for use during 

25 learning; 


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1 ‘‘(B) is embedded within the learning ac2 tivity and linked directly to the intended out3 comes of the current unit of instruction; and 

4 ‘‘(C) provides feedback to help adjust on5 going teaching and learning to improve chil6 dren’s achievement of intended instructional 

7 outcomes. 

8 ‘‘(11) HIGH-QUALITY PROFESSIONAL DEVELOP9 MENT.—The term ‘high-quality professional develop10 ment’ means professional development that— 

11 ‘‘(A) is job-embedded, ongoing, and based 

12 on scientifically valid research; 

13 ‘‘(B) is sustained, intensive, and class14 room-focused, and is not limited in scope to a 

15 1-day or short-term workshop or conference; 

16 ‘‘(C) is designed to increase the knowledge 

17 and expertise of teachers, early childhood edu18 cators and administrators, principals, other in19 structional leaders, and other program staff in 

20 applying— 

21 ‘‘(i) effective literacy instruction; and 

22 ‘‘(ii) instructional strategies and prac23 tices that are appropriate to the age, devel24 opment, and needs of children and improve 

25 learning, including strategies and practices 


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1 consistent with the principles of universal 

2 design for learning; 

3 ‘‘(D) includes and supports teachers in ef4 fectively administering age and developmentally 

5 appropriate assessments, and analyzing the re6 sults of these assessments for the purposes of 

7 planning, monitoring, adapting, and improving 

8 effective classroom instruction or teaching 

9 strategies to improve child literacy; 

10 ‘‘(E) includes instructional strategies uti11 lizing one-to-one, small group, and classroom12 based instructional materials and approaches 

13 based on scientifically valid research on literacy; 

14 ‘‘(F) provides ongoing instructional literacy 

15 coaching— 

16 ‘‘(i) to ensure high-quality implemen17 tation of comprehensive literacy instruction 

18 that is— 

19 ‘‘(I) content centered; 

20 ‘‘(II) integrated across the cur21 riculum; 

22 ‘‘(III) collaborative; and 

23 ‘‘(IV) school, setting, and class24 room embedded; and 


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1 ‘‘(ii) that uses student data to im2 prove instruction; 

3 ‘‘(G) includes and supports teachers in set4 ting high reading and writing achievement goals 

5 for all children and provides the teachers with 

6 the instructional tools and skills to help chil7 dren reach such goals; 

8 ‘‘(H) for educators serving children in kin9 dergarten through grade 12— 

10 ‘‘(i) supports effective literacy instruc11 tion through core academic subjects, and 

12 through career and technical education 

13 subjects where such career and technical 

14 education subjects provide for the integra15 tion of core academic subjects; and 

16 ‘‘(ii) includes explicit instruction in 

17 discipline-specific thinking and how to read 

18 and interpret discipline-specific text struc19 tures and features; 

20 ‘‘(I) is differentiated for educators working 

21 with children from birth through kindergarten 

22 entry, children in kindergarten through grade 

23 3, and children in grades 4 through 12, and, as 

24 appropriate, based on the grade or needs of the 

25 children; and 


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1 ‘‘(J) supports family literacy experiences 

2 and practices, and educating parents, teachers, 

3 and other caregivers about literacy development 

4 and child literacy development. 

5 ‘‘(12) INSTRUCTIONAL LEADER.—The term ‘in6 structional leader’ means an individual who— 

7 ‘‘(A) is an employee or officer of a school; 

8 and 

9 ‘‘(B) is responsible for— 

10 ‘‘(i) the school’s performance; and 

11 ‘‘(ii) the daily instructional and mana12 gerial operations of the school. 

13 ‘‘(13) LITERACY COACH.—The term ‘literacy 

14 coach’ means a professional— 

15 ‘‘(A) who has— 

16 ‘‘(i) previous teaching experience; and 

17 ‘‘(ii)(I) a master’s degree with a con18 centration in reading and writing edu19 cation or demonstrated proficiency in 

20 teaching reading or writing in a core aca21 demic subject consistent with effective lit22 eracy instruction; or 

23 ‘‘(II) in the case of a literacy coach 

24 for children from birth through kinder25 garten entry, a concentration, credential, 


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1 or significant experience in child develop2 ment and early literacy development; 

3 ‘‘(B) who supports teachers to— 

4 ‘‘(i) apply research on how children 

5 become successful readers, writers, and 

6 communicators; 

7 ‘‘(ii) apply multiple forms of assess8 ment to guide instructional decisionmaking 

9 and use data to improve literacy instruc10 tion; 

11 ‘‘(iii) improve children’s writing and 

12 reading in and across content areas such 

13 as mathematics, science, social studies, and 

14 language arts; 

15 ‘‘(iv) develop and implement differen16 tiated instruction and teaching approaches 

17 to serve the needs of the full range of 

18 learners, including English learners and 

19 children with disabilities; 

20 ‘‘(v) apply principles of universal de21 sign for learning; 

22 ‘‘(vi) employ best practices in engag23 ing principals, early learning program edu24 cators and administrators, teachers, and 

25 other relevant professionals to change 


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1 school cultures that encourage and support 

2 literacy development and achievement; and 

3 ‘‘(vii) set for children birth through 

4 kindergarten developmentally appropriate 

5 expectations for language and literacy de6 velopment, and high reading and writing 

7 achievement goals for all children and se8 lect, acquire, and use instructional tools 

9 and skills to help children reach such 

10 goals; and 

11 ‘‘(C) whose role with teachers and profes12 sionals supporting literacy instruction is— 

13 ‘‘(i) to provide high-quality profes14 sional development, consistent with the 

15 definition of comprehensive literacy in16 struction; 

17 ‘‘(ii) to work cooperatively and col18 laboratively with principals, teachers, and 

19 other professionals in employing strategies 

20 to help teachers identify and support child 

21 literacy and language development needs 

22 and teach literacy across the content areas 

23 and developmental domains; and 

24 ‘‘(iii) to work cooperatively and col25 laboratively with other professionals in emVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 ploying strategies to help teachers teach 

2 literacy across the content areas so that 

3 the teachers can meet the needs of all chil4 dren, including children with disabilities, 

5 English learners, and children who are 

6 reading at or above grade level. 

7 ‘‘(14) LOCAL EDUCATIONAL AGENCY.—The 

8 term ‘local educational agency’— 

9 ‘‘(A) has the meaning given the term in 

10 section 9101; and 

11 ‘‘(B) includes any public charter school 

12 that constitutes a local educational agency 

13 under State law. 

14 ‘‘(15) READING.—The term ‘reading’ means a 

15 complex system of deriving meaning from print that 

16 is developmentally appropriate, that requires all of 

17 the following: 

18 ‘‘(A) The skills and knowledge to under19 stand how phonemes, or speech sounds, are 

20 connected to print. 

21 ‘‘(B) The ability to read with comprehen22 sion. 

23 ‘‘(C) The ability to decode unfamiliar 

24 words with fluency. 


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1 ‘‘(D) The use of background knowledge 

2 and vocabulary to make meaning from a text. 

3 ‘‘(E) The development and use of appro4 priate active strategies to interpret and con5 struct meaning from print. 

6 ‘‘(F) The development and maintenance of 

7 a motivation to read. 

8 ‘‘(16) SCIENTIFICALLY VALID RESEARCH.—The 

9 term ‘scientifically valid research’ has the meaning 

10 given the term in section 200 of the Higher Edu11 cation Act of 1965 (20 U.S.C. 1021). 

12 ‘‘(17) SCREENING ASSESSMENT.—The term 

13 ‘screening assessment’ means an assessment that 

14 is— 

15 ‘‘(A) valid, reliable, and based on scientif16 ically based reading research; and 

17 ‘‘(B) a brief procedure designed as a first 

18 step in identifying children who may be at high 

19 risk for delayed development or academic fail20 ure and in need of further diagnosis of their 

21 need for special services or additional reading 

22 instruction. 

23 ‘‘(18) STATE.—The term ‘State’ means each of 

24 the 50 States, the District of Columbia, and the 

25 Commonwealth of Puerto Rico. 


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1 ‘‘(19) STATE LITERACY LEADERSHIP TEAM.— 

2 ‘‘(A) IN GENERAL.—The term ‘State lit3 eracy leadership team’ means a team that— 

4 ‘‘(i) is appointed and coordinated by 

5 the State educational agency; 

6 ‘‘(ii) assumes the responsibility to 

7 guide the development and implementation 

8 of a statewide, comprehensive literacy plan; 

9 ‘‘(iii) shall include, at a minimum— 

10 ‘‘(I) a school principal with lit11 eracy expertise; 

12 ‘‘(II) a teacher with literacy ex13 pertise; 

14 ‘‘(III) a teacher or administrator 

15 with expertise in special education; 

16 ‘‘(IV) a teacher or administrator 

17 with expertise in teaching the English 

18 language to English learners; 

19 ‘‘(V) a representative from the 

20 State educational agency who oversees 

21 literacy initiatives; and 

22 ‘‘(VI) a representative from high23 er education who is actively involved 

24 in research, development, or teacher 

25 preparation in comprehensive literacy 


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1 instruction and intervention based on 

2 scientifically valid research; 

3 ‘‘(iv) may include— 

4 ‘‘(I) a literacy specialist serving 

5 in a school district within the State; 

6 ‘‘(II) a literacy coach; 

7 ‘‘(III) a librarian; 

8 ‘‘(IV) a representative with fam9 ily literacy expertise; 

10 ‘‘(V) a representative from a 

11 State child-serving agency with exper12 tise in comprehensive language and 

13 literacy instruction and strategies; 

14 ‘‘(VI) a school counselor; 

15 ‘‘(VII) a teacher of a core aca16 demic subject; 

17 ‘‘(VIII) a special education ad18 ministrator; 

19 ‘‘(IX) a professor from a 4-year 

20 institution of higher education; 

21 ‘‘(X) a parent; 

22 ‘‘(XI) a business leader; 

23 ‘‘(XII) the Governor or a dele24 gated representative of the Governor; 


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1 ‘‘(XIII) a representative from the 

2 State board of education; 

3 ‘‘(XIV) a representative from the 

4 State legislature; 

5 ‘‘(XV) a representative of a non6 profit and community-based organiza7 tion providing comprehensive literacy 

8 instruction and support; and 

9 ‘‘(XVI) a representative from a 

10 school district superintendent’s office; 

11 and 

12 ‘‘(v) shall include, among the individ13 uals selected to be members of the council 

14 pursuant to clauses (iii) and (iv), not less 

15 than 5 individuals who have literacy exper16 tise in 1 of each of the areas of— 

17 ‘‘(I) birth through kindergarten 

18 entry, such as the State Head Start 

19 collaboration director; 

20 ‘‘(II) kindergarten entry through 

21 grade 3; 

22 ‘‘(III) grades 4 through 12; 

23 ‘‘(IV) English learners; and 

24 ‘‘(V) special education. 


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1 ‘‘(B) INCLUSION OF A PREEXISTING PART2 NERSHIP.—If, before the date of enactment of 

3 the Elementary and Secondary Education Re4 authorization Act of 2011, a State educational 

5 agency established a consortium, partnership, 

6 or any other similar body that was considered 

7 a literacy partnership for purposes of subpart 1 

8 or 2 of part B of title I (as such title was in 

9 effect on such date) and that includes the indi10 viduals required under clauses (iii) and (v) of 

11 subparagraph (A), such consortium, partner12 ship, or body may be considered a State literacy 

13 leadership team for purposes of subparagraph 

14 (A). 

15 ‘‘(20) SUMMATIVE ASSESSMENT.—The term 

16 ‘summative assessment’ means an assessment that— 

17 ‘‘(A) is valid, reliable, and based on sci18 entifically valid research on literacy and English 

19 language acquisition; and 

20 ‘‘(B) for children from birth through kin21 dergarten entry, measures how young children 

22 have progressed over time relative to develop23 mental norms, and for children in kindergarten 

24 through grade 12, measures what children have 


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1 learned over time, relative to academic content 

2 standards. 

3 ‘‘(21) WRITING.—The term ‘writing’ means— 

4 ‘‘(A) composing meaning in print or 

5 through other media, including technologies, to 

6 communicate and to create new knowledge in 

7 ways appropriate to the context of the writing 

8 and the literacy development stage of the writ9 er; 

10 ‘‘(B) composing ideas individually and col11 laboratively in ways that are appropriate for a 

12 variety of purposes, audiences, and occasions; 

13 ‘‘(C) choosing vocabulary, tone, genre, and 

14 conventions, such as spelling and punctuation, 

15 suitable to the purpose, audience, and occasion; 

16 and 

17 ‘‘(D) revising compositions for clarity of 

18 ideas, coherence, logical development, and preci19 sion of language use. 

20 ‘‘SEC. 4104. PROGRAM AUTHORIZED. 

21 ‘‘(a) RESERVATIONS AND AWARDS TO STATE EDU22 CATIONAL AGENCIES.— 

23 ‘‘(1) IN GENERAL.—From the amounts appro24 priated to carry out this part for a fiscal year, the 

25 Secretary shall— 


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1 ‘‘(A) reserve not more than a total of 4 

2 percent of such amounts for dissemination of 

3 information and technical assistance under sec4 tion 4110; 

5 ‘‘(B) reserve not more than 5 percent of 

6 such amounts to award planning grants, on a 

7 competitive basis, to State educational agencies 

8 serving States, in accordance with section 4105; 

9 ‘‘(C) in the case of a fiscal year for which 

10 the amounts to carry out this part are less than 

11 $500,000,000, use the amount not reserved 

12 under subparagraphs (A) and (B) to make 

13 awards, on a competitive basis, to State edu14 cational agencies serving States that have appli15 cations approved under section 4106 to enable 

16 the State educational agencies to carry out the 

17 activities described in section 4106(a); and 

18 ‘‘(D) in the case of a fiscal year for which 

19 the amounts appropriated to carry out this part 

20 are equal to or exceeding $500,000,000— 

21 ‘‘(i) reserve a total of 1 percent of 

22 such amount for— 

23 ‘‘(I) allotments for the United 

24 States Virgin Islands, Guam, Amer25 ican Samoa, and the Commonwealth 


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1 of the Northern Mariana Islands, to 

2 be distributed among such outlying 

3 areas on the basis of their relative 

4 need, as determined by the Secretary 

5 in accordance with the purposes of 

6 this part; and 

7 ‘‘(II) the Secretary of the Inte8 rior for programs under sections 4105 

9 through 4109 in schools operated or 

10 funded by the Bureau of Indian Edu11 cation; and 

12 ‘‘(ii) use the amount not reserved 

13 under clause (i) and subparagraphs (A) 

14 and (B) to make awards, as described in 

15 paragraph (2), to State educational agen16 cies serving States that have applications 

17 approved under section 4106 to enable the 

18 State educational agencies to carry out the 

19 activities described in section 4106(a). 

20 ‘‘(2) SPECIAL RULES FOR YEARS WITH FUNDS

21 EQUAL OR EXCEEDING $500,000,000.— 

22 ‘‘(A) PROPORTIONAL DIVISION.—In each 

23 fiscal year described in paragraph (1)(D), the 

24 amount reserved under paragraph (1)(D)(i) 

25 shall be divided between the uses described in 


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1 subclauses (I) and (II) of such paragraph in the 

2 same proportion as the amount reserved under 

3 section 1121(a) is divided between the uses de4 scribed in paragraphs (1) and (2) of such sec5 tion for such fiscal year. 

6 ‘‘(B) CONSULTATION.—A State edu7 cational agency that receives an allotment 

8 under paragraph (1)(D)(ii) shall engage in 

9 timely and meaningful consultation with rep10 resentatives of Indian tribes located in the 

11 State in order to improve the coordination and 

12 quality of activities designed to develop effective 

13 approaches to achieve the purposes of this part 

14 consistent with the cultural, language, and edu15 cational needs of Indian children. 

16 ‘‘(C) STATE ALLOTMENT FORMULA.—The 

17 Secretary shall allot the amount made available 

18 under paragraph (1)(D)(ii) for a fiscal year 

19 among the States in proportion to the number 

20 of children, from birth through age 17, who re21 side within the State and are from families with 

22 incomes below the poverty line for the most re23 cent fiscal year for which satisfactory data are 

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1 dren who reside in all States for that fiscal 

2 year. 

3 ‘‘(3) MINIMUM AWARD AMOUNT.—No State 

4 educational agency receiving an award under this 

5 section for a fiscal year may receive less than one6 fourth of 1 percent of the total amount appropriated 

7 to carry out this part for the fiscal year. 

8 ‘‘(4) PUERTO RICO.—The amount allotted 

9 under paragraph (1)(C) to the Commonwealth of 

10 Puerto Rico for a fiscal year may not exceed one11 fourth of 1 percent of the total amount appropriated 

12 to carry out this part for such fiscal year. 

13 ‘‘(b) PEER REVIEW.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall con15 vene a peer review panel to evaluate the applications 

16 to carry out section 4105 or 4106 using the evalua17 tion criteria described in paragraph (2). 

18 ‘‘(2) DEVELOPMENT OF EVALUATION CRI19 TERIA.—The Secretary shall report to the author20 izing committees regarding the peer review process 

21 and evaluation criteria that shall be used to evaluate 

22 the grant applications to carry out sections 4105 

23 and 4106. 

24 ‘‘(3) MEMBERSHIP.— 


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1 ‘‘(A) COMPOSITION.—A peer review panel 

2 convened under paragraph (1) shall be com3 posed of not less than 9 members, of whom— 

4 ‘‘(i) 3 shall be appointed by the Sec5 retary; 

6 ‘‘(ii) 3 shall be appointed by the Sec7 retary from among individuals— 

8 ‘‘(I) recommended by the Chair9 man of the National Research Council 

10 of the National Academy of Sciences; 

11 and 

12 ‘‘(II) with expertise in com13 prehensive language and literacy in14 struction and strategies; and 

15 ‘‘(iii) 3 shall be appointed by the Sec16 retary from among individuals— 

17 ‘‘(I) recommended by the Direc18 tor of the National Institute of Child 

19 Health and Human Development; and 

20 ‘‘(II) with expertise concerning 

21 literacy development in children from 

22 birth through grade 12. 

23 ‘‘(B) COMPETENCY AND EXPERTISE; EX24 PERTISE.—The peer review panel convened 

25 under paragraph (1) may include— 


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1 ‘‘(i) classroom teachers with expertise 

2 in literacy, and literacy coaches, includ3 ing— 

4 ‘‘(I) special education teachers; 

5 ‘‘(II) teachers of children who are 

6 English learners; and 

7 ‘‘(III) early childhood educators; 

8 ‘‘(ii) experts who provide high-quality 

9 professional development to teachers and 

10 other instructional staff to support chil11 dren’s literacy development; 

12 ‘‘(iii) experts in the screening assess13 ment, diagnostic assessment, and other as14 sessment of children’s literacy develop15 ment; and 

16 ‘‘(iv) experts in comprehensive literacy 

17 instruction and strategies in reading and 

18 writing, language development, and 

19 English language acquisition, as appro20 priate, including reading and writing in 

21 core academic subjects. 

22 ‘‘(4) DISTRIBUTION OF RECOMMENDATIONS.— 

23 Not later than 120 days after a peer review panel 

24 submits to the Secretary the panel’s recommenda25 tion regarding an application by a State educational 


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1 agency for a grant under section 4105 or 4106, the 

2 Secretary shall notify the State educational agency 

3 that the application has been approved or dis4 approved and shall provide to such State educational 

5 agency a copy of the peer review panel’s rec6 ommendation. 

7 ‘‘(c) CONFLICTS OF INTEREST.— 

8 ‘‘(1) PEER REVIEW PANELS.—The Secretary 

9 shall ensure that each member of a peer review 

10 panel described in subsection (b) does not stand to 

11 benefit financially from a grant or subgrant awarded 

12 under this part. 

13 ‘‘(2) STATE LITERACY LEADERSHIP TEAMS.— 

14 Each State educational agency that receives funding 

15 under this part shall ensure that each member of a 

16 State literacy leadership team participating in a pro17 gram or activity assisted under this part does not 

18 stand to benefit financially from a grant or subgrant 

19 awarded under this part. 

20 ‘‘(d) SUPPLEMENT NOT SUPPLANT.—Award funds 

21 provided under this part shall supplement, and not sup22 plant, non-Federal funds that would, in the absence of 

23 such award funds, be made available for literacy instruc24 tion and support of children participating in programs as25 sisted under this part. 


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1 ‘‘(e) MAINTENANCE OF EFFORT.—Each State edu2 cational agency that receives a grant or allotment under 

3 this section, and each eligible entity that receives a 

4 subgrant under section 4108 or 4109, shall maintain for 

5 the fiscal year for which the grant or subgrant is received 

6 and for each subsequent fiscal year the expenditures of 

7 the State educational agency or eligible entity, respec8 tively, for literacy instruction at a level not less than the 

9 level of such expenditures maintained by the State edu10 cational agency or eligible entity, respectively, for the fis11 cal year preceding such fiscal year for which the grant 

12 or subgrant is received. 

13 ‘‘SEC. 4105. STATE PLANNING GRANTS. 

14 ‘‘(a) PLANNING GRANTS AUTHORIZED.— 

15 ‘‘(1) IN GENERAL.—From amounts made avail16 able under section 4104(a)(1)(B), the Secretary may 

17 award planning grants to State educational agencies 

18 to enable the State educational agencies to complete 

19 comprehensive planning to carry out activities that 

20 improve literacy for children from birth through 

21 grade 12. 

22 ‘‘(2) GRANT PERIOD.—A planning grant award23 ed under this section shall be for a period of not 

24 more than 1 year. 


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1 ‘‘(3) NONRENEWABILITY.—The Secretary shall 

2 not award a State educational agency more than 1 

3 planning grant under this section. 

4 ‘‘(b) APPLICATION.— 

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

6 agency desiring a planning grant under this section 

7 shall submit an application to the Secretary at such 

8 time, in such manner, and accompanied by such in9 formation as the Secretary may require. 

10 ‘‘(2) CONTENTS.—Each application submitted 

11 under this subsection shall, at a minimum, include 

12 a description of how the State educational agency 

13 will develop a plan for improving State efforts to de14 velop, coordinate, implement, and assess comprehen15 sive literacy activities that ensure high-quality in16 struction and effective strategies in reading and 

17 writing for all children in early learning programs 

18 and kindergarten through grade 12 programs. Such 

19 plan shall— 

20 ‘‘(A) describe the activities for which as21 sistance under this section is sought, dem22 onstrating a particular focus on children who 

23 are reading or writing below grade level and 

24 children whose early literacy skills are below the 

25 appropriate age or developmental level; 


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1 ‘‘(B) provide a budget for the use of the 

2 planning grant funds to complete the required 

3 activities described in subsection (c); 

4 ‘‘(C) include an analysis of data on child 

5 literacy and language and student academic 

6 achievement in reading to identify and establish 

7 baseline and benchmark levels against which to 

8 monitor child progress and improvement in lit9 eracy; and 

10 ‘‘(D) provide an assurance that all State 

11 agencies responsible for administering early 

12 learning programs and services (including the 

13 State Head Start Collaboration Office and the 

14 State agency responsible for administering child 

15 care) and the State Advisory Council on Early 

16 Childhood Education and Care collaborated 

17 with the State educational agency to write the 

18 early learning portion of the grant application 

19 submitted under this subsection. 

20 ‘‘(3) APPROVAL OF APPLICATIONS.—The Sec21 retary shall evaluate applications under this sub22 section based on the responsiveness of the applica23 tions to the requirements under this subsection. 


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1 ‘‘(c) REQUIRED ACTIVITIES.—A State educational 

2 agency receiving planning grant funds under this section 

3 shall carry out each of the following activities: 

4 ‘‘(1) Reviewing reading, writing, or other lan5 guage and literacy resources and programs, such as 

6 school library programs, and data across the State 

7 to identify any literacy needs and gaps in the State. 

8 ‘‘(2) Forming or designating a State literacy 

9 leadership team which shall execute the following 

10 functions: 

11 ‘‘(A) Creating a comprehensive State lit12 eracy plan that— 

13 ‘‘(i) is designed to improve language 

14 development, reading, writing, and aca15 demic achievement for children, especially 

16 children reading below grade level and chil17 dren whose literacy skills are below the ap18 propriate age or developmental level; 

19 ‘‘(ii) includes— 

20 ‘‘(I) a needs assessment and an 

21 implementation plan, including an 

22 analysis of data on child literacy and 

23 student academic achievement in 

24 reading to identify baseline and 

25 benchmark levels of literacy and early 


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1 literacy skills in order to monitor 

2 progress and improvement; and 

3 ‘‘(II) a plan to improve reading 

4 achievement among all children; 

5 ‘‘(iii) ensures high-quality instruction, 

6 consistent with the characteristics of effec7 tive literacy instruction and strategies, in 

8 early learning programs and kindergarten 

9 through grade 12 programs; and 

10 ‘‘(iv) provides for activities designed 

11 to improve literacy achievement for chil12 dren who read or write below grade level, 

13 including such children who— 

14 ‘‘(I) attend schools that are iden15 tified under section 1116(c)(2); or 

16 ‘‘(II) are counted under section 

17 1124(c); 

18 ‘‘(B) Providing recommendations to guide 

19 the State educational agency in the State edu20 cational agency’s process of strengthening State 

21 literacy standards and embedding State literacy 

22 standards with the State’s college and career 

23 ready academic content standards and college 

24 and career ready student academic achievement 


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1 standards, and early learning and development 

2 standards. 

3 ‘‘(C) Providing recommendations to guide 

4 the State educational agency in the State edu5 cational agency’s process of measuring, assess6 ing, and monitoring progress in literacy at the 

7 school, local educational agency, and State lev8 els. 

9 ‘‘(D) Identifying criteria for high-quality 

10 professional development providers, which pro11 viders may include qualified teachers within the 

12 State, for the State educational agency and 

13 local educational agencies. 

14 ‘‘(E) Advising the State educational agen15 cy on how to help ensure that local educational 

16 agencies and schools provide timely and appro17 priate data to teachers to inform and improve 

18 instruction. 

19 ‘‘(F) Providing recommendations to guide 

20 the State educational agency in the State edu21 cational agency’s planning process of building 

22 educators’ capacity to provide high-quality com23 prehensive literacy instruction. 

24 ‘‘SEC. 4106. STATE IMPLEMENTATION GRANTS. 

25 ‘‘(a) IMPLEMENTATION GRANTS AUTHORIZED.— 


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1 ‘‘(1) IN GENERAL.—From amounts made avail2 able under subparagraphs (C) or (D)(ii) of section 

3 4104(a)(1) (as applicable), the Secretary shall award 

4 implementation grants to State educational agencies 

5 to enable the State educational agencies— 

6 ‘‘(A) to implement the comprehensive lit7 eracy plan that meets the criteria in section 

8 4105(c)(2)(A) for early learning programs and 

9 kindergarten through grade 12 programs; 

10 ‘‘(B) to carry out State activities under 

11 section 4107; and 

12 ‘‘(C) to award subgrants under sections 

13 4108 and 4109. 

14 ‘‘(2) LIMITATION.—The Secretary shall not 

15 award an implementation grant under this section to 

16 a State for any year for which the State has received 

17 a planning grant under section 4105. 

18 ‘‘(3) DURATION OF GRANTS.—An implementa19 tion grant under this section shall be awarded for a 

20 period of not more than 5 years. 

21 ‘‘(4) RENEWALS.— 

22 ‘‘(A) IN GENERAL.—The Secretary may 

23 renew a grant under this section for a period of 

24 not more than 2 years. 


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1 ‘‘(B) CONDITIONS.—In order to be eligible 

2 to have an implementation grant renewed under 

3 this paragraph, the State educational agency 

4 shall demonstrate to the satisfaction of the Sec5 retary that, during the project period— 

6 ‘‘(i) with respect to children from 

7 birth through kindergarten entry, the State 

8 educational agency has collaborated with 

9 the State agencies that oversee child care 

10 and other early learning programs, and 

11 has collaborated with the State Advisory 

12 Council on Early Childhood Education and 

13 Care, to comply with the terms of the 

14 grant, including using the funds— 

15 ‘‘(I) to increase access to high16 quality professional development; 

17 ‘‘(II) for developmentally appro18 priate curricula and teaching mate19 rials; and 

20 ‘‘(III) for developmentally appro21 priate classroom-based instructional 

22 assessments and developmentally ap23 propriate screening assessments and 

24 diagnostic assessments; and 


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1 ‘‘(ii) with respect to children in kin2 dergarten through grade 12, demonstrates 

3 that there has been significant progress in 

4 student academic achievement, as meas5 ured by appropriate assessments, including 

6 the assessments included in the State ac7 countability system under section 

8 1111(a)(3)(A). 

9 ‘‘(b) STATE APPLICATIONS.— 

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

11 that desires to receive an implementation grant 

12 under this section shall submit an application to the 

13 Secretary at such time, in such manner, and con14 taining such information as the Secretary may re15 quire. The State educational agency shall collaborate 

16 with the State agency responsible for administering 

17 early learning programs and the State agency re18 sponsible for administering child care programs in 

19 the State in writing and implementing the early 

20 learning portion of the grant application under this 

21 subsection. 

22 ‘‘(2) CONTENTS.—An application described in 

23 paragraph (1) shall include the following: 

24 ‘‘(A) A description of the members of the 

25 State literacy leadership team and a description 


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1 of how the State educational agency has devel2 oped a comprehensive State literacy plan, con3 sistent with the requirements of section 

4 4105(c)(2)(A). 

5 ‘‘(B) An implementation plan that includes 

6 a description of how the State educational agen7 cy will— 

8 ‘‘(i) carry out the State activities de9 scribed in section 4107; 

10 ‘‘(ii) assist eligible entities with— 

11 ‘‘(I) providing strategic and in12 tensive comprehensive literacy instruc13 tion based on scientifically valid re14 search for children who are reading 

15 and writing below grade level, includ16 ing through— 

17 ‘‘(aa) the use of multitiered 

18 systems of support; and 

19 ‘‘(bb) addressing the literacy 

20 needs of children with disabilities 

21 or developmental delays and 

22 English learners in programs 

23 serving children from birth 

24 through grade 12; 


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1 ‘‘(II) providing training to par2 ents, as appropriate, so that the par3 ents can participate in the literacy re4 lated activities described in sections 

5 4108 and 4109 to assist in the lan6 guage and literacy development of 

7 their children; 

8 ‘‘(III) selecting and using read9 ing and writing assessments; 

10 ‘‘(IV) providing classroom-based 

11 instruction that is supported by one12 to-one and small group work; 

13 ‘‘(V) using curricular materials 

14 and instructional tools, which may in15 clude technology, to improve instruc16 tion and literacy achievement; 

17 ‘‘(VI) providing for high-quality 

18 professional development; and 

19 ‘‘(VII) using the principles of 

20 universal design for learning; 

21 ‘‘(iii) ensure that local educational 

22 agencies in the State have leveraged and 

23 are effectively leveraging the resources 

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1 pacity to implement literacy initiatives ef2 fectively; and 

3 ‘‘(iv) continually coordinate and align 

4 the activities assisted under this part with 

5 reading, writing, and other literacy re6 sources and programs across the State and 

7 locally that serve children and their fami8 lies and promote comprehensive literacy in9 struction and learning, including strength10 ening partnerships among schools, librar11 ies, local youth-serving agencies, and pro12 grams, in order to improve literacy for all 

13 children. 

14 ‘‘(C) A description of the key data metrics, 

15 and the performance targets for such metrics, 

16 that will be used and reported annually under 

17 section 4111(b)(1), which shall include— 

18 ‘‘(i) metrics established consistent 

19 with section 1111(a)(3)(A), for children in 

20 grades 3 through 12; and 

21 ‘‘(ii) the relevant program metrics and 

22 performance targets that the State shall 

23 use to monitor the implementation of its 

24 plan under section 4111. 


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1 ‘‘(D) An assurance that the State edu2 cational agency, and any eligible entity receiv3 ing a subgrant from the State educational agen4 cy under section 4108 or 4109, will, if re5 quested, participate in the national evaluation 

6 under section 4110. 

7 ‘‘(E) An assurance that the State edu8 cational agency will use implementation grant 

9 funds for literacy programs as follows: 

10 ‘‘(i) Not less than 10 percent of such 

11 grant funds shall be used for State and 

12 local programs and activities pertaining to 

13 children from birth through kindergarten 

14 entry. 

15 ‘‘(ii) Not less than 30 percent of such 

16 grant funds shall be used for State and 

17 local programs and activities, allocated eq18 uitably among the grades of kindergarten 

19 through grade 5. 

20 ‘‘(iii) Not less than 30 percent of such 

21 grant funds shall be used for State and 

22 local programs and activities, allocated eq23 uitably among grades 6 through 12. 

24 ‘‘(iv) Not more than 10 percent of 

25 such implementation grant funds shall be 


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1 used for the State activities described in 

2 section 4107. 

3 ‘‘(F) An assurance that the State edu4 cational agency shall give priority to awarding 

5 a subgrant to an eligible entity— 

6 ‘‘(i) under section 4108 based on the 

7 number or percentage of children younger 

8 than the age of kindergarten entry who 

9 are— 

10 ‘‘(I) served by the eligible entity; 

11 and 

12 ‘‘(II) from families with income 

13 levels below the poverty line; and 

14 ‘‘(ii) under section 4109 based on— 

15 ‘‘(I) the number or percentage of 

16 children from birth through age 17 

17 who are— 

18 ‘‘(aa) served by the eligible 

19 entity; and 

20 ‘‘(bb) from families with in21 come levels below the poverty 

22 line; and 

23 ‘‘(II) the number or percentage 

24 of children in kindergarten through 

25 grade 12 served by the eligible entity 


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1 who are reading and writing below 

2 grade level according to State assess3 ments. 

4 ‘‘(c) APPROVAL OF APPLICATIONS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall evalu6 ate State educational agency applications under sub7 section (b) based on the responsiveness of the appli8 cations to the application requirements under such 

9 subsection. 

10 ‘‘(2) PEER REVIEW.—The Secretary shall con11 vene a peer review panel in accordance with section 

12 4104(b) to evaluate applications for each implemen13 tation grant awarded to a State educational agency 

14 under this section. 

15 ‘‘(3) EARLY LEARNING.—In order for a State 

16 educational agency’s application under this section 

17 to be approved by the Secretary, the application 

18 shall contain an assurance that the State agencies 

19 responsible for administering early learning pro20 grams and services, including the State agency re21 sponsible for administering child care programs, and 

22 the State Advisory Council on Early Childhood Edu23 cation and Care, approve of and will be extensively 

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1 sistent with section 4108, with respect to the early 

2 learning portion of the application. 

3 ‘‘SEC. 4107. STATE ACTIVITIES. 

4 ‘‘(a) REQUIRED ACTIVITIES.—A State educational 

5 agency shall use the implementation grant funds described 

6 in section 4106(b)(2)(E)(iv) to carry out the activities pro7 posed in a State’s implementation plan under section 

8 4106(b)(2)(B), including the following activities: 

9 ‘‘(1) In consultation with the State literacy 

10 leadership team, providing technical assistance, or 

11 engaging qualified providers to provide technical as12 sistance, to eligible entities to enable the eligible en13 tities to design and implement literacy programs 

14 under section 4108 or 4109. 

15 ‘‘(2) Consulting with the State literacy leader16 ship team and coordinating with institutions of high17 er education in the State— 

18 ‘‘(A) in order to provide recommendations 

19 to strengthen and enhance preservice courses 

20 for students preparing, at institutions of higher 

21 education in the State, to teach children from 

22 birth through grade 12 in explicit, systematic, 

23 and intensive instruction in evidence-based lit24 eracy methods; and 


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1 ‘‘(B) by following up on reviews completed 

2 by the State literacy leadership team with rec3 ommendations to ensure that such institutions 

4 offer courses that meet the highest standards. 

5 ‘‘(3) Reviewing and updating, in collaboration 

6 with teachers, statewide educational and professional 

7 organizations representing teachers, and statewide 

8 educational and professional organizations rep9 resenting institutions of higher education, State li10 censure or certification standards in the area of lit11 eracy instruction in early education through grade 

12 12. 

13 ‘‘(4) Making publicly available, including on the 

14 State educational agency’s website, information on 

15 promising instructional practices to improve child lit16 eracy achievement. 

17 ‘‘(b) PERMISSIVE ACTIVITIES.—After carrying out 

18 the activities described in subsection (a), a State edu19 cational agency may use remaining implementation grant 

20 funds described in section 4106(b)(2)(E)(iv) to carry out 

21 1 or more of the following activities: 

22 ‘‘(1) Training the personnel of eligible entities 

23 to use data systems to improve child literacy learn24 ing. 


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1 ‘‘(2) Developing literacy coach training pro2 grams and training literacy coaches. 

3 ‘‘(3) Building public support among local edu4 cational agency personnel, early learning programs, 

5 and the community for comprehensive literacy in6 struction for children from birth through grade 12. 

7 ‘‘(4) Administration and evaluation of activities 

8 carried out under this part. 

9 ‘‘SEC. 4108. SUBGRANTS TO ELIGIBLE ENTITIES IN SUP10 PORT OF BIRTH THROUGH KINDERGARTEN 

11 ENTRY LITERACY. 

12 ‘‘(a) SUBGRANTS.— 

13 ‘‘(1) IN GENERAL.—A State educational agen14 cy, in consultation with the State agencies respon15 sible for administering early learning programs and 

16 services, including the State agency responsible for 

17 administering child care programs, and the State 

18 Advisory Council on Early Childhood Education and 

19 Care, shall use a portion of implementation grant 

20 funds provided under subparagraph (C) or (D)(ii) of 

21 section 4104(a)(1) to award subgrants, on a com22 petitive basis, to eligible entities to enable the eligi23 ble entities to support high-quality early literacy ini24 tiatives for children from birth through kindergarten 

25 entry. 


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1 ‘‘(2) DURATION.—The term of a subgrant 

2 under this section shall be determined by the State 

3 educational agency awarding the subgrant. 

4 ‘‘(b) SUFFICIENT SIZE AND SCOPE.—Each subgrant 

5 awarded under this section shall be of sufficient size and 

6 scope to allow the eligible entity to carry out high-quality 

7 early literacy initiatives for children from birth through 

8 kindergarten entry. 

9 ‘‘(c) LOCAL APPLICATIONS.—An eligible entity desir10 ing to receive a subgrant under this section shall submit 

11 an application to the State educational agency, at such 

12 time, in such manner, and containing such information as 

13 the State educational agency may require. Such applica14 tion shall include a description of— 

15 ‘‘(1) how the subgrant funds will be used to en16 hance the language and literacy development and 

17 school readiness of children, from birth through kin18 dergarten entry, in early learning programs, which 

19 shall include an analysis of data that support the 

20 proposed use of subgrant funds; 

21 ‘‘(2) the programs that the eligible entity pro22 poses to assist under the subgrant, including demo23 graphic and socioeconomic information on the chil24 dren enrolled in the programs; 


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1 ‘‘(3) a budget for the eligible entity that 

2 projects the cost of developing and implementing lit3 eracy initiatives to carry out the activities described 

4 in subsection (e); 

5 ‘‘(4) how, if the eligible entity is requesting a 

6 planning period, which shall not exceed 1 year, the 

7 eligible entity will use that planning period to pre8 pare for successful implementation of a plan to sup9 port the development of learning and literacy con10 sistent with the purposes of this part; 

11 ‘‘(5) the literacy initiatives, if any, in place and 

12 how these initiatives will be coordinated and inte13 grated with activities supported under this section; 

14 ‘‘(6) how the subgrant funds will be used to 

15 prepare and provide ongoing assistance to staff in 

16 the programs, through high-quality professional de17 velopment; 

18 ‘‘(7) how the subgrant funds will be used to 

19 provide services, incorporate activities, and select 

20 and use literacy instructional materials that— 

21 ‘‘(A) meet the diverse developmental and 

22 linguistic needs of children, including English 

23 learners and children with disabilities and de24 velopmental delays; and 


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1 ‘‘(B) are based on scientifically valid re2 search on child development and learning for 

3 children from birth through kindergarten entry; 

4 ‘‘(8) how the subgrant funds will be used to 

5 provide screening assessments, diagnostic assess6 ments, and classroom-based instructional assess7 ments and assessments of developmental progress; 

8 ‘‘(9) how families and caregivers will be in9 volved, as appropriate, in supporting their child’s lit10 eracy development, instruction, and assessment; 

11 ‘‘(10) how the subgrant funds will be used to 

12 help children, particularly children experiencing dif13 ficulty with spoken and written language, to make 

14 the transition from early childhood education pro15 grams to formal classroom instruction; 

16 ‘‘(11) how the activities assisted under the 

17 subgrant will be coordinated with comprehensive lit18 eracy instruction at the kindergarten through grade 

19 12 levels; 

20 ‘‘(12) how the subgrant funds will be used— 

21 ‘‘(A) to evaluate the success of the activi22 ties assisted under the subgrant in enhancing 

23 the early language and literacy development of 

24 children from birth through kindergarten entry; 

25 and 


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1 ‘‘(B) to evaluate data for program im2 provement; and 

3 ‘‘(13) such other information as the State edu4 cational agency may require. 

5 ‘‘(d) APPROVAL OF LOCAL APPLICATIONS.—The 

6 State educational agency, in consultation with the State 

7 agencies responsible for administering early learning pro8 grams, including the State agency responsible for admin9 istering child care programs and the State Advisory Coun10 cil on Early Childhood Education and Care, shall— 

11 ‘‘(1) select applications for funding under this 

12 section based on the quality of the applications sub13 mitted, including the relationship between literacy 

14 activities proposed and the research base or data 

15 supporting such investments, as appropriate, and the 

16 recommendations of— 

17 ‘‘(A) the State literacy leadership team; 

18 and 

19 ‘‘(B) other experts in the area of early lit20 eracy; and 

21 ‘‘(2) place priority for funding programs based 

22 on the criteria in section 4106(b)(2)(F). 

23 ‘‘(e) LOCAL USES OF FUNDS.— 

24 ‘‘(1) IN GENERAL.—An eligible entity that re25 ceives a subgrant under this section shall use the 


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1 subgrant funds, consistent with the entity’s approved 

2 application under subsection (c), to— 

3 ‘‘(A) enhance and improve early learning 

4 programs to ensure that children in such pro5 grams are provided with high-quality oral lan6 guage and literature- and print-rich environ7 ments in which to develop early literacy skills; 

8 ‘‘(B) carry out high-quality professional 

9 development opportunities for early childhood 

10 educators, teachers, and instructional leaders; 

11 ‘‘(C) acquire, provide training for, and im12 plement screening assessments, diagnostic as13 sessments, and classroom-based instructional 

14 assessments; 

15 ‘‘(D) select, develop, and implement a 

16 multitier system of support; 

17 ‘‘(E) integrate research-based instructional 

18 materials, activities, tools, and measures into 

19 the programs offered by the eligible entity to 

20 improve development of early learning language 

21 and literacy skills; 

22 ‘‘(F) train providers and personnel to sup23 port, develop, and administer high-quality early 

24 learning literacy initiatives that— 

25 ‘‘(i) utilize data— 


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1 ‘‘(I) to inform instructional de2 sign; and 

3 ‘‘(II) to assess literacy needs; 

4 and 

5 ‘‘(ii) provide time and support for per6 sonnel to meet to plan comprehensive lit7 eracy instruction; 

8 ‘‘(G) provide family literacy services, as 

9 appropriate, and educate parents, teachers, and 

10 other caregivers about child literacy develop11 ment; 

12 ‘‘(H) annually collect, summarize, and re13 port to the State educational agency data— 

14 ‘‘(i) to document child progress in 

15 early literacy and language skills develop16 ment as a result of activities carried out 

17 under this section; 

18 ‘‘(ii) to stimulate and accelerate im19 provement by identifying the programs 

20 served by the eligible entity that produce 

21 significant gains in skills development; and 

22 ‘‘(iii) for all subgroups of children and 

23 categories of children, including children in 

24 the subgroups described in section 

25 1111(a)(2)(B)(ix), in a manner that— 


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1 ‘‘(I) utilizes a variety of meas2 ures of child literacy and language 

3 skills development; and 

4 ‘‘(II) is consistent across the 

5 State; and 

6 ‘‘(I) coordinate the involvement of families, 

7 early learning program staff, principals, other 

8 instructional leaders, and teachers in literacy 

9 development of children served under this part. 

10 ‘‘(2) CURRICULA AND ASSESSMENT MATERIALS

11 LIMITATION.—Each eligible entity that receives a 

12 subgrant under this section shall not use more than 

13 20 percent of the subgrant funds in the first year 

14 of subgrant funding, and not more than 10 percent 

15 of the subgrant funds in each year thereafter, to 

16 purchase curricula and assessment materials. 

17 ‘‘(f) PROHIBITION.—The use of assessment items 

18 and data on any assessment authorized under this section 

19 to provide rewards or sanctions for individual children, 

20 early learning program providers, teachers, program direc21 tors, or principals is prohibited. 


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1 ‘‘SEC. 4109. SUBGRANTS TO ELIGIBLE ENTITIES IN SUP2 PORT OF KINDERGARTEN THROUGH GRADE 

3 12 LITERACY. 

4 ‘‘(a) SUBGRANTS TO LOCAL EDUCATIONAL AGEN5 CIES.— 

6 ‘‘(1) SUBGRANTS.—A State educational agency 

7 shall use a portion of the implementation grant 

8 funds provided under subparagraph (C) or (D)(ii) of 

9 section 4104(a)(1) to award subgrants, on a com10 petitive basis, to eligible entities to enable the eligi11 ble entities to carry out the authorized activities de12 scribed in subsections (b) and (c). 

13 ‘‘(2) SUFFICIENT SIZE AND SCOPE.—A State 

14 educational agency shall award subgrants under this 

15 section of sufficient size and scope to allow the eligi16 ble entities to carry out high-quality literacy initia17 tives in each grade level for which the subgrant 

18 funds are provided. 

19 ‘‘(3) LOCAL APPLICATIONS.—An eligible entity 

20 desiring to receive a subgrant under this section 

21 shall submit an application to the State educational 

22 agency at such time, in such manner, and containing 

23 such information as the State educational agency 

24 may require. Such application shall include, for each 

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1 pating in a subgrant program under this section, the 

2 following information: 

3 ‘‘(A) A description of the eligible entity’s 

4 capacity survey conducted to identify how 

5 subgrant funds will be used to inform and im6 prove comprehensive literacy instruction at the 

7 school. 

8 ‘‘(B) How the school, local educational 

9 agency, or a provider of high-quality profes10 sional development will provide ongoing high11 quality professional development to all teachers, 

12 including early childhood educators, principals, 

13 and other instructional leaders served by the 

14 school, including early learning program admin15 istrators. 

16 ‘‘(C) How the school will identify children 

17 in need of literacy interventions or other sup18 port services and provide appropriate scientif19 ically valid instructional interventions or other 

20 support services which may include extended 

21 learning time for struggling children. 

22 ‘‘(D) A budget for the school that projects 

23 the cost of developing and implementing literacy 

24 initiatives to carry out the activities described 

25 in subsections (b) and (c) as applicable. 


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1 ‘‘(E) An explanation of how the school will 

2 integrate comprehensive literacy instruction into 

3 core academic subjects. 

4 ‘‘(F) A description of how the school will 

5 coordinate comprehensive literacy instruction 

6 with early learning and after-school programs 

7 and activities in the area served by the local 

8 educational agency, such as school library pro9 grams. 

10 ‘‘(G) A description of the assessments that 

11 will be used in an assessment system to improve 

12 comprehensive literacy instruction and track 

13 child literacy progress. 

14 ‘‘(H) A description of how families and 

15 caregivers will be involved in supporting their 

16 children’s literacy instruction and assessment. 

17 ‘‘(I) A description of how, if an eligible en18 tity is requesting a planning period, the eligible 

19 entity will use that planning period to prepare 

20 for successful implementation of a plan to sup21 port the development of learning and literacy 

22 consistent with the purposes of this part. 

23 ‘‘(J) A description of the literacy initia24 tives, if any, in place and how these initiatives 


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1 will be coordinated and integrated with activi2 ties supported under this section. 

3 ‘‘(K) An assurance that the eligible entity 

4 will, if requested, participate in the national 

5 evaluation described in section 4110. 

6 ‘‘(b) LOCAL USES OF FUNDS FOR KINDERGARTEN

7 THROUGH GRADE 5.—An eligible entity that receives a 

8 subgrant under this section shall use the subgrant funds 

9 to carry out the following activities pertaining to children 

10 in kindergarten through grade 5: 

11 ‘‘(1) Developing and implementing a literacy 

12 plan across content areas that— 

13 ‘‘(A) serves the needs of all children, in14 cluding children with disabilities and English 

15 learners, especially children who are reading or 

16 writing below grade level; 

17 ‘‘(B) provides intensive, supplemental, ac18 celerated, and explicit intervention and support 

19 in reading and writing for children whose lit20 eracy skills are below grade level; and 

21 ‘‘(C) supports activities that are provided 

22 primarily during the regular school day but 

23 which may be augmented by after-school and 

24 out-of-school time instruction. 


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1 ‘‘(2) Acquiring, providing training for, selecting, 

2 and administering assessments, and managing, mon3 itoring, and planning instruction based on the as4 sessment data. 

5 ‘‘(3) Providing high-quality professional devel6 opment opportunities for teachers, literacy coaches, 

7 literacy specialists, English as a second language 

8 specialists (as appropriate), principals, and other 

9 program staff. 

10 ‘‘(4) Training principals, specialized instruc11 tional support personnel, and other school district 

12 personnel to support, develop, administer, and evalu13 ate high-quality kindergarten through grade 5 lit14 eracy initiatives that— 

15 ‘‘(A) utilize data— 

16 ‘‘(i) to inform instructional decisions; 

17 and 

18 ‘‘(ii) to assess professional develop19 ment needs; and 

20 ‘‘(B) provide time and support for teachers 

21 to meet to plan comprehensive literacy instruc22 tion. 

23 ‘‘(5) Coordinating the involvement of early 

24 learning program staff, principals, other instruc25 tional leaders, teachers, teacher literacy teams, 


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1 English as a second language specialists (as appro2 priate), special educators, and school librarians in 

3 the literacy development of children served under 

4 this part. 

5 ‘‘(6) Engaging families and encouraging family 

6 literacy experiences and practices to support literacy 

7 development. 

8 ‘‘(7) Annually collecting, summarizing, and re9 porting to the State educational agency data— 

10 ‘‘(A) to document and monitor for the pur11 pose of improving practice, improvements, or 

12 increases in children’s reading and writing pur13 suant to activities carried out under this sec14 tion; 

15 ‘‘(B) to stimulate and accelerate improve16 ment by identifying the schools that produce 

17 significant gains in literacy achievement; and 

18 ‘‘(C) for all children and categories of chil19 dren, including the subgroups of children de20 scribed in section 1111(a)(2)(B)(ix), in a man21 ner that utilizes a variety of measures and that 

22 is consistent across the State. 

23 ‘‘(c) LOCAL USES OF FUNDS FOR GRADES 6 

24 THROUGH 12.—An eligible entity that receives a subgrant 

25 under this section shall use subgrant funds to carry out 


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1 the following activities pertaining to children in grades 6 

2 through 12: 

3 ‘‘(1) Developing and implementing a literacy 

4 plan described in paragraphs (1), (2), (3), (6), and 

5 (7) of subsection (b) for children in grades 6 

6 through 12. 

7 ‘‘(2) Training principals, specialized instruc8 tional support personnel, and other instructional 

9 leaders to support, develop, administer, and evaluate 

10 high-quality adolescent literacy initiatives that— 

11 ‘‘(A) utilize data— 

12 ‘‘(i) to inform instructional decisions 

13 and allow for personalization of instruction 

14 based on a child’s need; and 

15 ‘‘(ii) to assess professional develop16 ment needs; 

17 ‘‘(B) assess the quality of adolescent com18 prehensive literacy instruction in core academic 

19 subjects, and career and technical education 

20 subjects where such career and technical edu21 cation subjects provide for the integration of 

22 core academic subjects; 

23 ‘‘(C) provide time for teachers to meet to 

24 plan research-based adolescent comprehensive 

25 literacy instruction in core academic subjects, 


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1 and career and technical education subjects 

2 where such career and technical education sub3 jects provide for the integration of core aca4 demic subjects; and 

5 ‘‘(D) include explicit instruction in dis6 cipline-specific thinking and how to read and 

7 interpret discipline-specific text structures and 

8 features. 

9 ‘‘(3) Coordinating the involvement of principals, 

10 other instructional leaders, teachers, teacher literacy 

11 teams, English as a second language specialists (as 

12 appropriate), special educators, and school librarians 

13 in the literacy development of children served under 

14 this part. 

15 ‘‘(d) ALLOWABLE USES.—An eligible entity that re16 ceives a subgrant under this section may, in addition to 

17 carrying out the activities described in subsections (b) and 

18 (c), use subgrant funds to carry out the following activities 

19 pertaining to children in kindergarten through grade 12: 

20 ‘‘(1) Providing a planning period of not more 

21 than 1 year for eligible entities to establish the ele22 ments necessary for successful implementation of a 

23 literacy program for kindergarten through grade 12. 

24 ‘‘(2) Recruiting, placing, training, and compen25 sating literacy coaches. 


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1 ‘‘(3) Connecting out-of-school learning opportu2 nities to in-school learning in order to improve the 

3 literacy achievement of the children. 

4 ‘‘(4) Training families and caregivers to sup5 port the improvement of adolescent literacy. 

6 ‘‘(5) Providing for a multitier system of sup7 port. 

8 ‘‘(6) Forming a school literacy leadership team 

9 to help implement, assess, and identify necessary 

10 changes to the literacy initiatives in 1 or more 

11 schools to ensure success. 

12 ‘‘(7) Providing high-quality, literacy-rich envi13 ronments that engage children with materials and 

14 experiences at the children’s reading and writing lev15 els. 

16 ‘‘(8) Providing time for teachers (and other lit17 eracy staff, as appropriate, such as school librarians) 

18 to meet to plan comprehensive literacy instruction. 

19 ‘‘(e) LIMITATION OF USE TO CERTAIN SCHOOLS.— 

20 An eligible entity receiving a subgrant under this section 

21 shall, in distributing the subgrant funds, provide the 

22 subgrant funds only to schools, including public charter 

23 schools, that have the highest percentages or numbers of 

24 children counted under section 1124(c). 


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1 ‘‘SEC. 4110. NATIONAL EVALUATION, INFORMATION DIS2 SEMINATION, AND TECHNICAL ASSISTANCE. 

3 ‘‘(a) NATIONAL EVALUATION.— 

4 ‘‘(1) IN GENERAL.—From the amount reserved 

5 in accordance with section 9601, the Secretary shall 

6 enter into a contract with an organization inde7 pendent of the Department for a 5-year national 

8 evaluation of the grant and subgrant programs as9 sisted under this part. Such evaluation shall include 

10 scientifically valid research that applies rigorous and 

11 systematic procedures to obtain valid knowledge rel12 evant to the implementation and effect of the pro13 grams. 

14 ‘‘(2) CONTENTS OF EVALUATION.—The evalua15 tion described in this subsection shall include an 

16 analysis of each of the following: 

17 ‘‘(A) The impact of the implementation of 

18 literacy initiatives and practices supported 

19 under this part on— 

20 ‘‘(i) increasing academic outcomes, in21 cluding child literacy development in read22 ing and writing, and speaking (as appro23 priate), grade promotion, and graduation 

24 to the extent predictable; 


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1 ‘‘(ii) promoting the appropriate early 

2 literacy development of young children; 

3 and 

4 ‘‘(iii) strengthening the literacy skills 

5 of English learners and children with dis6 abilities. 

7 ‘‘(B) The fidelity of implementation of core 

8 program features, such as coherence of the pro9 gram across grades, quality of technical assist10 ance, State and local educational agency leader11 ship, professional development for teachers and 

12 administrators, use of quality materials and 

13 pedagogy, and use of assessment. 

14 ‘‘(C) The relationship between implementa15 tion of core features and children’s academic 

16 outcomes. 

17 ‘‘(D) Other inquiries as designated by the 

18 Secretary, such as— 

19 ‘‘(i) the core functions of literacy ini20 tiatives that have demonstrated the great21 est impact on child literacy achievement, 

22 especially among children reading below 

23 grade level; 

24 ‘‘(ii) effective strategies to integrate 

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1 sessments, instruction, materials, and 

2 interventions to improve literacy; 

3 ‘‘(iii) the types of literacy activities 

4 and professional development that most ef5 fectively improve the early reading, writing, 

6 and language skills of children from birth 

7 through kindergarten entry; 

8 ‘‘(iv) the impact of adolescent literacy 

9 initiatives on adolescent motivation, en10 gagement, and participation in adolescent 

11 literacy activities; 

12 ‘‘(v) the relationship between chil13 dren’s literacy achievement and secondary 

14 school success, including improving grad15 uation rates; and 

16 ‘‘(vi) effective strategies to integrate 

17 school and public library programs to im18 prove literacy. 

19 ‘‘(3) PROGRAM IMPROVEMENT.—The Secretary 

20 shall— 

21 ‘‘(A) provide the findings of the evaluation 

22 conducted under this section to State edu23 cational agencies and subgrant recipients for 

24 use in program improvement; 


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1 ‘‘(B) make such findings publicly available, 

2 including on the Department’s website; and 

3 ‘‘(C) submit such findings to the author4 izing committees. 

5 ‘‘(b) INFORMATION DISSEMINATION AND TECHNICAL

6 ASSISTANCE.— 

7 ‘‘(1) IN GENERAL.—From amounts reserved 

8 under section 4104(a)(1)(A), the Secretary, in col9 laboration with the regional educational laboratories 

10 established under section 174 of the Education 

11 Sciences Reform Act of 2002, the comprehensive 

12 centers established under section 203 of the Edu13 cational Technical Assistance Act of 2002, and the 

14 Director of the National Institute of Child Health 

15 and Human Development, shall— 

16 ‘‘(A) distribute information on— 

17 ‘‘(i) comprehensive literacy instruc18 tion, including best practices and model 

19 programs identified in the evaluation; 

20 ‘‘(ii) other inquiries designated by the 

21 Secretary under subsection (a)(2)(D); or 

22 ‘‘(iii) other relevant Federal studies of 

23 literacy activities; and 

24 ‘‘(B) provide technical assistance in order 

25 to assist States and local educational agencies 


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1 in improving comprehensive literacy instruction 

2 and learning. 

3 ‘‘(2) DISSEMINATION AND COORDINATION.— 

4 The Secretary shall disseminate the information de5 scribed in paragraph (1)(A) to— 

6 ‘‘(A) recipients of Federal financial assist7 ance under this part, the Head Start Act, the 

8 Individuals with Disabilities Education Act, and 

9 the Adult Education and Family Literacy Act; 

10 and 

11 ‘‘(B) each Bureau-funded school (as de12 fined in section 1141 of the Education Amend13 ments of 1978 (25 U.S.C. 2021)). 

14 ‘‘(3) USE OF NETWORKS.—In carrying out this 

15 subsection, the Secretary shall, to the extent prac16 ticable, use information and dissemination networks 

17 developed and maintained through other public and 

18 private entities. 

19 ‘‘SEC. 4111. CONSEQUENCES OF INSUFFICIENT PROGRESS, 

20 REPORTING REQUIREMENTS, AND CON21 FLICTS OF INTEREST. 

22 ‘‘(a) CONSEQUENCES OF INSUFFICIENT

23 PROGRESS.— 

24 ‘‘(1) CONSEQUENCES FOR GRANT RECIPI25 ENTS.—If the Secretary determines that a State 


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1 educational agency receiving an award under sub2 paragraph (C) or (D)(ii) of section 4104(a)(1), or an 

3 eligible entity receiving a subgrant under section 

4 4108 or 4109, is not making significant progress in 

5 meeting the purposes of this part and the key data 

6 metrics identified by the State educational agency in 

7 section 4106(b)(2)(C) after the submission of a re8 port described in subsection (b), then the Secretary 

9 may withhold, in whole or in part, further payments 

10 under this part in accordance with section 455 of 

11 the General Education Provisions Act or take such 

12 other action authorized by law as the Secretary de13 termines necessary, including providing technical as14 sistance upon request of the State educational agen15 cy, or eligible entity, respectively. 

16 ‘‘(2) CONSEQUENCES FOR SUBGRANT RECIPI17 ENTS.— 

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

19 agency receiving an award under subparagraph 

20 (C) or (D)(ii) of section 4104(a)(1) may refuse 

21 to award subgrant funds to an eligible entity 

22 under section 8 or 9 if the State educational 

23 agency finds that the eligible entity is not mak24 ing significant progress in meeting the purposes 

25 of this part, after— 


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1 ‘‘(i) affording the eligible entity no2 tice, a period for correction, and an oppor3 tunity for a hearing; and 

4 ‘‘(ii) providing technical assistance to 

5 the eligible entity. 

6 ‘‘(B) FUNDS AVAILABLE.—Subgrant funds 

7 not awarded under subparagraph (A) shall be 

8 redirected to an eligible entity serving similar 

9 children in the same area or region as the eligi10 ble entity not awarded the subgrant funds, to 

11 the greatest extent practicable. 

12 ‘‘(b) REPORTING REQUIREMENTS.— 

13 ‘‘(1) STATE EDUCATIONAL AGENCY ANNUAL

14 REPORTS.—Each State educational agency receiving 

15 an award under subparagraph (C) or (D)(ii) of sec16 tion 4104(a)(1) shall report annually to the Sec17 retary regarding the State educational agency’s 

18 progress in addressing the purposes of this part. 

19 Such report shall include at a minimum data, for 

20 each subgrantee, and for the State, on the metrics 

21 identified under section 4106(b)(2)(C), such as— 

22 ‘‘(A) the number and percentage of chil23 dren reading and writing on grade level by the 

24 end of grade 3; 


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1 ‘‘(B) the percent of children served under 

2 the award who receive special education and re3 lated services; and 

4 ‘‘(C) the degree of appropriate develop5 mental progress or literacy achievement growth 

6 of children, disaggregated by the subgroups de7 scribed in section 1111(a)(2)(B)(ix). 

8 ‘‘(2) PERIODIC REPORTS.—Each State edu9 cational agency receiving an award under subpara10 graph (C) or (D)(ii) of section 4104(a)(1) shall peri11 odically report to the Secretary regarding the State 

12 educational agency’s progress in addressing the pur13 poses of this part. Such reports shall be submitted 

14 at such times, and in such manner, as the Secretary 

15 shall establish, and shall, over the term of the grant, 

16 include descriptions of— 

17 ‘‘(A) the professional development activi18 ties provided under the award, including types 

19 of activities and entities involved in providing 

20 professional development to classroom teachers 

21 and other program staff, such as school librar22 ians; 

23 ‘‘(B) instruction, strategies, activities, cur24 ricula, materials, and assessments used in the 

25 programs funded under the award; 


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1 ‘‘(C) the types of programs funded under 

2 the award and demographic information, includ3 ing ages, of the children served by the programs 

4 funded under the award, except that such infor5 mation shall not be personally identifiable; 

6 ‘‘(D) the experience and qualifications of 

7 the program staff who provide comprehensive 

8 literacy instruction under the programs funded 

9 under the award, including the experience and 

10 qualifications of those staff working with chil11 dren with disabilities or developmental delay, 

12 with English learners, and with children from 

13 birth to kindergarten entry; and 

14 ‘‘(E) student performance on relevant pro15 gram metrics, as identified in the State edu16 cational agency’s plan, such as— 

17 ‘‘(i) the number of children reading 

18 and writing on grade level by the end of 

19 the third grade; 

20 ‘‘(ii) the percent of students served 

21 under this part receiving special education 

22 services; 

23 ‘‘(iii) the instruction and activities de24 livered to at-risk students served under 

25 this part; and 


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1 ‘‘(iv) the professional development ac2 tivities provided to teachers participating 

3 under this part. 

4 ‘‘(3) ELIGIBLE ENTITY REPORTS.—Each eligi5 ble entity receiving a subgrant under section 4108 or 

6 4109 shall report to the State educational agency re7 garding the eligible entity’s progress in addressing 

8 the purposes of this part. Any such report shall be 

9 submitted at such time, and in such manner, as the 

10 State educational agency shall establish, consistent 

11 with the requirements of paragraphs (1) and (2) for 

12 reports submitted by the State educational agency to 

13 the Secretary, and shall, over the term of the 

14 subgrant, include, consistent with such requirements 

15 for the State educational agency reports, descrip16 tions of— 

17 ‘‘(A) how the subgrant funds were used; 

18 and 

19 ‘‘(B) the results of an external evaluation, 

20 if the Secretary determines such evaluation to 

21 be applicable. 

22 ‘‘SEC. 4112. RULES OF CONSTRUCTION. 

23 ‘‘(a) CHILD ELIGIBILITY.—Nothing in this part shall 

24 be construed to prohibit children eligible for assistance 

25 under title I or III or children eligible for assistance under 


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1 the Individuals with Disabilities Education Act from re2 ceiving literacy instruction and intervention under this 

3 part. 

4 ‘‘(b) IDEA EVALUATION.—The screening assess5 ments, diagnostic assessments, and formative assessments 

6 of reading and writing authorized under this part shall 

7 not be construed to constitute an evaluation required 

8 under the Individuals with Disabilities Education Act, ex9 cept that assessments administered under this Act may 

10 be used in conjunction with other assessments as part of 

11 an evaluation under the Individuals with Disabilities Edu12 cation Act, provided that all assessment requirements of 

13 such Act are met.’’. 

14 SEC. 4103. IMPROVING SCIENCE, TECHNOLOGY, ENGINEER15 ING, AND MATH INSTRUCTION AND STUDENT 

16 ACHIEVEMENT. 

17 (a) REDESIGNATION.—Title IV (20 U.S.C. 7101 et 

18 seq.) is amended— 

19 (1) by redesignating part B as part E, and 

20 transferring such part E so as to follow part D, as 

21 added by section 4105; 

22 (2) by striking section 4206; and 

23 (3) by redesignating sections 4201, 4202, 4203, 

24 4204, and 4205, as sections 4501, 4502, 4503, 

25 4504, and 4505, respectively. 


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1 (b) IMPROVING SCIENCE, TECHNOLOGY, ENGINEER2 ING, AND MATH INSTRUCTION AND STUDENT ACHIEVE3 MENT.—Title IV (20 U.S.C. 7101 et seq.) is amended by 

4 inserting after part A the following: 

5 ‘‘PART B—IMPROVING SCIENCE, TECHNOLOGY, 

6 ENGINEERING, AND MATHEMATICS IN7 STRUCTION AND STUDENT ACHIEVEMENT 

8 ‘‘SEC. 4201. PURPOSE. 

9 ‘‘The purpose of this part is to improve student aca10 demic achievement in science, technology, engineering, and 

11 mathematics by— 

12 ‘‘(1) improving instruction in such subjects 

13 through grade 12; 

14 ‘‘(2) improving student engagement in, and in15 creasing student access to, such subjects; 

16 ‘‘(3) improving the quality and effectiveness of 

17 classroom instruction by recruiting, training, and 

18 supporting highly rated teachers and providing ro19 bust tools and supports for students and teachers in 

20 such subjects; and 

21 ‘‘(4) closing student achievement gaps, and pre22 paring more students to be college and career ready 

23 in such subjects. 

24 ‘‘SEC. 4202. DEFINITIONS. 

25 ‘‘In this part: 


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1 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en2 tity’ means— 

3 ‘‘(A) a State educational agency; or 

4 ‘‘(B) a State educational agency in part5 nership with 1 or more other State educational 

6 agencies. 

7 ‘‘(2) ELIGIBLE SUBGRANTEE.—The term ‘eligi8 ble subgrantee’ means— 

9 ‘‘(A) a high-need local educational agency; 

10 ‘‘(B) an educational service agency serving 

11 more than 1 high-need local educational agency; 

12 ‘‘(C) a consortium of high-need local edu13 cational agencies; or 

14 ‘‘(D) an entity described in subparagraph 

15 (A) or (C) of paragraph (3) that has signed a 

16 memorandum of agreement with an entity de17 scribed in subparagraph (A), (B), or (C) of this 

18 paragraph to implement the requirements of 

19 this part in partnership with such entity. 

20 ‘‘(3) OUTSIDE PARTNER.—The term ‘outside 

21 partner’ means an entity that has expertise and a 

22 demonstrated record of success in improving student 

23 learning and engagement in the identified subjects 

24 described in section 4204(b)(2), including any of the 

25 following: 


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1 ‘‘(A) A nonprofit or community-based or2 ganization, which may include a cultural organi3 zation, such as a museum or learning center. 

4 ‘‘(B) A business. 

5 ‘‘(C) An institution of higher education. 

6 ‘‘(D) An educational service agency. 

7 ‘‘(4) STATE.—The term ‘State’ means— 

8 ‘‘(A) any of the 50 States; 

9 ‘‘(B) the District of Columbia; 

10 ‘‘(C) the Bureau of Indian Education; or 

11 ‘‘(D) the Commonwealth of Puerto Rico. 

12 ‘‘SEC. 4203. GRANTS; ALLOTMENTS. 

13 ‘‘(a) RESERVATIONS.— 

14 ‘‘(1) IN GENERAL.—From the amounts appro15 priated for this part for a fiscal year, the Secretary 

16 shall reserve— 

17 ‘‘(A) not more than 2 percent to provide 

18 technical assistance to States; and 

19 ‘‘(B) not more than 5 percent for State ca20 pacity-building grants, if the Secretary is 

21 awarding such grants in accordance with para22 graph (2). 

23 ‘‘(2) CAPACITY-BUILDING GRANTS.— 

24 ‘‘(A) IN GENERAL.—In any year for which 

25 funding is distributed competitively, as deVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 scribed in subsection (b)(1), the Secretary may 

2 award 1 capacity-building grant to each State 

3 that does not receive a grant under subsection 

4 (b), on a competitive basis, to enable such State 

5 to become more competitive in future years. 

6 ‘‘(B) DURATION.—Grants awarded under 

7 subparagraph (A) shall be for a period of 1 

8 year. 

9 ‘‘(b) COMPETITIVE GRANTS.— 

10 ‘‘(1) IN GENERAL.—For each fiscal year for 

11 which the amount appropriated to carry out this 

12 part, and not reserved under subsection (a)(1), is 

13 less than $500,000,000, the Secretary shall award 

14 grants, on a competitive basis, to eligible entities to 

15 enable such eligible entities to carry out the activi16 ties described in this part. 

17 ‘‘(2) DURATION.—Grants awarded under this 

18 subsection shall be for a period of not more than 3 

19 years. 

20 ‘‘(3) RENEWAL.— 

21 ‘‘(A) IN GENERAL.—If an eligible entity 

22 demonstrates progress, as measured by the 

23 metrics described in section 4206(a), the Sec24 retary may renew a grant for an additional 2- 

25 year period. 


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1 ‘‘(B) REDUCED FUNDING.—Grant funds 

2 awarded under subparagraph (A) shall be 

3 awarded at a reduced amount. 

4 ‘‘(c) FORMULA GRANTS.— 

5 ‘‘(1) IN GENERAL.—For each fiscal year for 

6 which the amount appropriated to carry out this 

7 part, and not reserved under subsection (a)(1), is 

8 equal to or more than $500,000,000, the Secretary 

9 shall award grants to States, based on the formula 

10 described in paragraph (2). 

11 ‘‘(2) DISTRIBUTION OF FUNDS.—The Secretary 

12 shall allot to each State— 

13 ‘‘(A) an amount that bears the same rela14 tionship to 35 percent of the excess amount de15 scribed in paragraph (1) as the number of indi16 viduals ages 5 through 17 in the State, as de17 termined by the Secretary on the basis of the 

18 most recent satisfactory data, bears to the num19 ber of those individuals in all such States, as so 

20 determined; and 

21 ‘‘(B) an amount that bears the same rela22 tionship to 65 percent of the excess amount as 

23 the number of individuals ages 5 through 17 

24 from families with incomes below the poverty 

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1 retary on the basis of the most recent satisfac2 tory data, bears to the number of those individ3 uals in all such States, as so determined. 

4 ‘‘(3) FUNDING MINIMUM.—No State receiving 

5 an allotment under this subsection may receive less 

6 than one-half of 1 percent of the total amount allot7 ted under paragraph (1) for a fiscal year. 

8 ‘‘(4) PUERTO RICO.—The amount allotted 

9 under paragraph (2) to the Commonwealth of Puer10 to Rico for a fiscal year may not exceed one-half of 

11 1 percent of the total amount allotted under para12 graph (1) for such fiscal year. 

13 ‘‘(5) REALLOTMENT OF UNUSED FUNDS.—If a 

14 State does not successfully apply, the Secretary shall 

15 reallot the amount of the State’s allotment to the re16 maining States in accordance with this subsection. 

17 ‘‘SEC. 4204. APPLICATIONS. 

18 ‘‘(a) IN GENERAL.—Each eligible entity or State de19 siring a grant under this part, whether through a competi20 tive grant under section 4203(b) or through an allotment 

21 under section 4203(c), shall submit an application to the 

22 Secretary at such time, in such manner, and accompanied 

23 by such information as the Secretary may require. 

24 ‘‘(b) CONTENTS.—At a minimum, an application sub25 mitted under subsection (a) shall include the following: 


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1 ‘‘(1) A description of the needs, including as2 sets, identified by the State or eligible entity, based 

3 on a State analysis, which— 

4 ‘‘(A) may include results from a relevant 

5 pre-existing analysis of science, technology, en6 gineering, and mathematics education quality 

7 and outcomes in the State or States served by 

8 the eligible entity; 

9 ‘‘(B) shall include data for elementary 

10 school and secondary school grades, as applica11 ble, to the extent that such data are available, 

12 on— 

13 ‘‘(i) student achievement in science 

14 and mathematics, including such data col15 lected in accordance with the requirements 

16 of section 1111(a)(3)(A), and student 

17 achievement in technology and engineering; 

18 ‘‘(ii) science, technology, engineering, 

19 and mathematics teacher evaluations; 

20 ‘‘(iii) student access to mathematics 

21 and science courses needed to enroll in 

22 credit-bearing coursework at institutions of 

23 higher education in the State or States 

24 served by the eligible entity; 


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1 ‘‘(iv) access to science, technology, en2 gineering, and mathematics courses for 

3 students through grade 12 who— 

4 ‘‘(I) are eligible to receive a free 

5 or reduced priced lunch under the 

6 Richard B. Russell National School 

7 Lunch Act (42 U.S.C. 1751 et seq.); 

8 or 

9 ‘‘(II) come from families with an 

10 income that is below the poverty line; 

11 ‘‘(v) student achievement gaps in 

12 science, technology, engineering, and math13 ematics subjects; 

14 ‘‘(vi) the percentage of students who 

15 successfully— 

16 ‘‘(I) complete Advanced Place17 ment or International Baccalaureate 

18 courses in science, technology, engi19 neering, and mathematics subjects; or 

20 ‘‘(II) complete rigorous postsec21 ondary education courses in science, 

22 technology, engineering, and mathe23 matics subjects; 

24 ‘‘(vii) the information collected under 

25 section 1111(d)(3)(B)(viii)(III); 


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1 ‘‘(viii) available instructional systems 

2 and supports, such as curricula, instruc3 tional materials, professional development, 

4 teacher evaluation systems, and assess5 ments; 

6 ‘‘(ix) science, technology, engineering, 

7 and mathematics teacher qualifications; 

8 and 

9 ‘‘(x) teacher shortages and teacher 

10 distribution among local educational agen11 cies and schools in science, technology, en12 gineering, and mathematics subjects; 

13 ‘‘(C) shall include labor market informa14 tion regarding the industry and business work15 force needs within the eligible entity; 

16 ‘‘(D) shall include an analysis of the qual17 ity of pre-service preparation at all public insti18 tutions of higher education (including alter19 native pathways to teacher licensure or certifi20 cation) for individuals preparing to teach 

21 science, technology, engineering, and mathe22 matics subjects in a preschool, elementary 

23 school, or secondary school in the State; and 

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1 port that have been employed in the State or 

2 States served by the eligible entity to address 

3 the learning needs of students in any science, 

4 technology, engineering, and mathematics sub5 jects. 

6 ‘‘(2) An identification of the specific science, 

7 technology, engineering, and mathematics subjects 

8 that the State or eligible entity will address through 

9 the activities described in section 4205, consistent 

10 with the needs identified under paragraph (1) (re11 ferred to in this part as ‘identified subjects’). 

12 ‘‘(3) A description, in a manner that addresses 

13 any needs identified under paragraph (1), of— 

14 ‘‘(A) how grant funds will be used by the 

15 State or eligible entity to improve instruction in 

16 identified subjects using evidence-based pro17 grams of instruction that are aligned with the 

18 college and career ready standards and aca19 demic assessments under paragraphs (1) and 

20 (2) of section 1111(a); 

21 ‘‘(B) how grant funds will be used to sup22 port subgrantees and other high-need local edu23 cational agencies in the employment of multi24 tiered systems of support to provide early inter25 vening services, as described in section 


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1 613(a)(4)(A)(ii) of the Individuals with Disabil2 ities Education Act, and to increase student 

3 achievement in identified subjects; 

4 ‘‘(C) the process that the State or eligible 

5 entity will use for awarding subgrants, includ6 ing how relevant stakeholders will be involved; 

7 ‘‘(D) how the State’s or eligible entity’s ac8 tivities and subgrants will be coordinated with 

9 other Federal, State, and local programs and 

10 activities, including career and technical edu11 cation programs authorized under the Carl D. 

12 Perkins Career and Technical Education Act of 

13 2006 (20 U.S.C. 2301 et seq.); 

14 ‘‘(E) the technical assistance that the 

15 State or eligible entity will provide to sub16 grantees to support the activities undertaken by 

17 the subgrantees; 

18 ‘‘(F) how the State or eligible entity will 

19 evaluate the activities funded, both at the State 

20 and subgrantee level, with funds provided under 

21 this part, and in a manner consistent with any 

22 evaluation activities carried out by the Institute 

23 of Education Sciences under section 4207, or 

24 the National Science Foundation; 


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1 ‘‘(G) how the State or eligible entity will 

2 allocate funds in a manner that will provide 

3 services to both elementary schools and sec4 ondary schools; 

5 ‘‘(H) how the State or eligible entity will 

6 provide targeted support to improve instruction 

7 in high-need local educational agencies and 

8 high-need schools; 

9 ‘‘(I) how the State or eligible entity’s pro10 posed project will ensure an increase in access 

11 for students who are members of groups under12 represented in science, technology, engineering, 

13 and mathematics subject fields to high-quality 

14 courses in 1 or more of the identified subjects; 

15 and 

16 ‘‘(J) how the State or eligible entity will 

17 continue to involve stakeholders in education re18 form efforts related to science, technology, engi19 neering, and mathematics instruction. 

20 ‘‘(4) Assurances that the State or eligible entity 

21 will monitor implementation of approved subgrantee 

22 plans. 

23 ‘‘(c) ADDITIONAL FUNDING.—A State or eligible en24 tity that submits a request to use the additional State ac25 tivities reservation described in section 4205(d)(2), shall 


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1 provide, in a manner that addresses the needs identified 

2 under subsection (b)(1), a description of the activities that 

3 the eligible entity will carry out with such funds, con4 sistent with section 4205. 

5 ‘‘SEC. 4205. AUTHORIZED ACTIVITIES. 

6 ‘‘(a) REQUIRED ACTIVITIES.—Each State or eligible 

7 entity that receives a grant under this part shall use the 

8 grant funds to carry out each of the following activities: 

9 ‘‘(1) Increasing access for students through 

10 grade 12 who are members of groups underrep11 resented in science, technology, engineering, and 

12 mathematics subject fields to high-quality courses in 

13 the identified subjects. 

14 ‘‘(2) Implementing evidence-based programs of 

15 instruction based on high-quality standards and as16 sessments in the identified subjects. 

17 ‘‘(3) Providing professional development and 

18 other comprehensive systems of support for teachers 

19 and school leaders to promote high-quality instruc20 tion and instructional leadership in the identified 

21 subjects. 

22 ‘‘(4) Providing technical assistance to sub23 grantees and other high-need schools and local edu24 cational agencies in order to improve student 


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1 achievement and narrow achievement gaps in identi2 fied subjects, including through— 

3 ‘‘(A) the development and implementation 

4 of multi-tiered systems of support; and 

5 ‘‘(B) the development of curriculum or in6 structional materials consistent with the prin7 cipals of universal design for learning, as de8 fined in section 103 of the Higher Education 

9 Act of 1965. 

10 ‘‘(b) PERMISSIBLE ACTIVITIES.—Each State or eligi11 ble entity that receives a grant under this part may use 

12 the grant funds to carry out 1 or more of the following 

13 activities: 

14 ‘‘(1) Recruiting qualified teachers and instruc15 tional leaders who are trained in identified subjects, 

16 including teachers who have transitioned into the 

17 teaching profession from a career in science, tech18 nology, engineering, and mathematics fields. 

19 ‘‘(2) Providing induction and mentoring serv20 ices to new teachers in identified subjects. 

21 ‘‘(3) Developing instructional supports, such as 

22 curricula and assessments, which shall be evidence23 based and aligned with State college and career 

24 ready academic content standards under section 


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1 1111(a)(1), and may include Internet-based cur2 ricula and Internet-based instructional supports. 

3 ‘‘(4) Implementing an interdisciplinary ap4 proach, by integrating instruction in 1 or more 

5 science, technology, engineering, and mathematics 

6 subjects with reading, English language arts, or in7 struction in other core academic subjects and 

8 noncore academic subjects. 

9 ‘‘(c) SUBGRANTS.— 

10 ‘‘(1) IN GENERAL.—Each State or eligible enti11 ty that receives a grant under this section shall 

12 award subgrants, on a competitive basis, to eligible 

13 subgrantees. 

14 ‘‘(2) MINIMUM SUBGRANT.—A State or eligible 

15 entity shall award subgrants under this subsection 

16 that are of sufficient size and scope to support high17 quality, evidence-based, effective programs that are 

18 consistent with the purpose of this part. 

19 ‘‘(3) SUBGRANTEE APPLICATION.— 

20 ‘‘(A) IN GENERAL.—Each eligible sub21 grantee desiring a subgrant under this sub22 section shall submit an application to the State 

23 or eligible entity at such time, in such manner, 

24 and accompanied by such information as the 

25 State or eligible entity may require. 


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1 ‘‘(B) CONTENTS OF SUBGRANTEE APPLI2 CATION.—At a minimum, the application de3 scribed in subparagraph (A) shall include the 

4 following: 

5 ‘‘(i) A description of the activities that 

6 the eligible subgrantee will carry out, and 

7 how such activities will improve teaching 

8 and student academic achievement in the 

9 identified subjects, in a manner consistent 

10 with scientifically valid research. 

11 ‘‘(ii) A description of how the eligible 

12 subgrantee will use funds provided under 

13 this subsection to serve students and 

14 teachers in high-need schools. 

15 ‘‘(iii) A description of how funds pro16 vided under this subsection will be coordi17 nated with other Federal, State, and local 

18 programs and activities, including career 

19 and technical education programs author20 ized under the Carl D. Perkins Career and 

21 Technical Education Act of 2006 (20 

22 U.S.C. 2301 et seq.). 

23 ‘‘(iv) If the eligible subgrantee is 

24 working with outside partners, a descrip25 tion of how such outside partners will be 


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1 involved in improving instruction and in2 creasing access to high-quality learning ex3 periences in the identified subjects. 

4 ‘‘(4) SUBGRANTEE USE OF FUNDS.— 

5 ‘‘(A) REQUIRED USE OF FUNDS.—Each 

6 subgrantee under this subsection shall use the 

7 subgrant funds to carry out activities for stu8 dents through grade 12, consistent with the ac9 tivities described in the subgrantee’s applica10 tion, which shall include— 

11 ‘‘(i) high-quality teacher and instruc12 tional leader recruitment, support, and 

13 evaluation in the identified subjects; 

14 ‘‘(ii) professional development, which 

15 may include development and support for 

16 instructional coaches, to enable teachers 

17 and instructional leaders to increase stu18 dent achievement in identified subjects, 

19 through— 

20 ‘‘(I) implementation of classroom 

21 assessments; and 

22 ‘‘(II) differentiation of instruc23 tion in identified subjects for all stu24 dents, including for students who are 


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1 children with disabilities and students 

2 who are English learners; 

3 ‘‘(iii) activities to— 

4 ‘‘(I) improve the content knowl5 edge of teachers; and 

6 ‘‘(II) facilitate professional col7 laboration, which may include pro8 viding time for such collaborations; 

9 ‘‘(iv) the development, adoption, and 

10 improvement of high-quality curricula and 

11 instructional supports that— 

12 ‘‘(I) are aligned with State col13 lege and career ready academic con14 tent standards under section 

15 1111(a)(1); and 

16 ‘‘(II) the eligible subgrantee will 

17 use to improve student academic 

18 achievement in identified subjects; 

19 ‘‘(v) the development or improvement, 

20 and implementation, of multi-tiered sys21 tems of support to provide early inter22 vening services and to increase student 

23 achievement in 1 or more of the identified 

24 subjects; and 


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1 ‘‘(vi) integrating instruction in the 

2 identified subjects with instruction in read3 ing, English language arts, or other core 

4 and noncore academic subjects. 

5 ‘‘(B) ALLOWABLE USE OF FUNDS.—In ad6 dition to the required activities described in 

7 subparagraph (A), each eligible subgrantee that 

8 receives a subgrant under this subsection, may 

9 also use the subgrant funds to— 

10 ‘‘(i) support the participation of low11 income students in nonprofit competitions 

12 related to science, technology, engineering, 

13 and mathematics subjects (such as robot14 ics, science research, invention, mathe15 matics, computer science, and technology 

16 competitions); and 

17 ‘‘(ii) broaden secondary school stu18 dents’ access to, and interest in, careers 

19 that require academic preparation in 1 or 

20 more identified subjects. 

21 ‘‘(C) LIMITATION.—Each subgrantee that 

22 receives a subgrant under this subsection shall 

23 not expend more than 15 percent of the 

24 subgrant funds on the activities described in 

25 subparagraph (B). 


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1 ‘‘(D) MATCHING FUNDS.—A State or eligi2 ble entity shall require an eligible subgrantee 

3 receiving a subgrant under this subsection to 

4 demonstrate that such subgrantee has obtained 

5 a commitment from 1 or more outside partners 

6 to match, using non-Federal funds or in-kind 

7 contributions, not less than 15 percent of the 

8 amount of subgrant funds. In the case of sig9 nificant financial hardship, an eligible sub10 grantee may apply to the State or eligible entity 

11 for, and the State or eligible entity may grant, 

12 a waiver of a portion of the minimum matching 

13 funds requirement. 

14 ‘‘(d) STATE ACTIVITIES.— 

15 ‘‘(1) IN GENERAL.—Each State or eligible enti16 ty that receives a grant under this part may use not 

17 more than 5 percent of grant funds for— 

18 ‘‘(A) administrative costs; 

19 ‘‘(B) monitoring the implementation of 

20 subgrants; 

21 ‘‘(C) providing technical assistance to sub22 grantees; and 

23 ‘‘(D) evaluating subgrants in coordination 

24 with the evaluation described in section 4207. 


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1 ‘‘(2) RESERVATION.—Each State or eligible en2 tity that receives a grant under this part may sub3 mit a request to the Secretary to reserve not more 

4 than 15 percent of grant funds, inclusive of the 

5 amount described in paragraph (1), for additional 

6 State activities, consistent with subsections (a) and 

7 (b). 

8 ‘‘SEC. 4206. PERFORMANCE METRICS; REPORT. 

9 ‘‘(a) ESTABLISHMENT OF PERFORMANCE

10 METRICS.—The Secretary, acting through the Director of 

11 the Institute of Education Sciences, shall establish per12 formance metrics to evaluate the effectiveness of the ac13 tivities carried out under this part. 

14 ‘‘(b) ANNUAL REPORT.—Each State or eligible entity 

15 that receives a grant under this part shall prepare and 

16 submit an annual report to the Secretary, which shall in17 clude information relevant to the performance metrics de18 scribed in subsection (a). 

19 ‘‘SEC. 4207. EVALUATION. 

20 ‘‘From the amount reserved in accordance with sec21 tion 9601, the Secretary shall— 

22 ‘‘(1) acting through the Director of the Insti23 tute of Education Sciences, and in consultation with 

24 the Director of the National Science Foundation— 


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1 ‘‘(A) evaluate the implementation and im2 pact of the activities supported under this part, 

3 including progress measured by the metrics es4 tablished under section 4206(a); and 

5 ‘‘(B) identify best practices to improve in6 struction in science, technology, engineering, 

7 and mathematics subjects; and 

8 ‘‘(2) disseminate, in consultation with the Na9 tional Science Foundation, research on best prac10 tices to improve instruction in science, technology, 

11 engineering, and mathematics subjects. 

12 ‘‘SEC. 4208. SUPPLEMENT NOT SUPPLANT. 

13 ‘‘Funds received under this part shall be used to sup14 plement, and not supplant, funds that would otherwise be 

15 used for activities authorized under this part. 

16 ‘‘SEC. 4209. MAINTENANCE OF EFFORT. 

17 ‘‘A State that receives funds under this part for a 

18 fiscal year shall maintain the fiscal effort provided by the 

19 State for the subjects supported by the funds under this 

20 part at a level equal to or greater than the level of such 

21 fiscal effort for the preceding fiscal year.’’. 


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1 SEC. 4104. INCREASING ACCESS TO A WELL-ROUNDED EDU2 CATION. 

3 Title IV (20 U.S.C. 7101 et seq.) is amended by in4 serting after part B, as added by section 4103 of this Act, 

5 the following: 

6 ‘‘PART C—INCREASING ACCESS TO A WELL7 ROUNDED EDUCATION 

8 ‘‘SEC. 4301. PURPOSE. 

9 ‘‘The purpose of this part is to improve student 

10 achievement by giving students increased access to high11 quality instruction for a well-rounded education. 

12 ‘‘SEC. 4302. DEFINITIONS. 

13 ‘‘In this part: 

14 ‘‘(1) COVERED SUBJECTS.—The term ‘covered 

15 subjects’ means any of the following academic sub16 jects: 

17 ‘‘(A) Arts. 

18 ‘‘(B) Civics and government. 

19 ‘‘(C) Economics. 

20 ‘‘(D) Environmental education. 

21 ‘‘(E) Financial literacy. 

22 ‘‘(F) Foreign languages. 

23 ‘‘(G) Geography. 

24 ‘‘(H) Health education. 

25 ‘‘(I) History. 

26 ‘‘(J) Physical education. 


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1 ‘‘(K) Social studies. 

2 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en3 tity’ means a State educational agency in partner4 ship with— 

5 ‘‘(A) a nonprofit organization with a dem6 onstrated record of success in improving stu7 dent achievement in 1 or more covered subjects; 

8 ‘‘(B) an institution of higher education; 

9 ‘‘(C) a local educational agency; 

10 ‘‘(D) an educational service agency; or 

11 ‘‘(E) 1 or more other State educational 

12 agencies. 

13 ‘‘(3) ELIGIBLE SUBGRANTEE.—The term ‘eligi14 ble subgrantee’ means— 

15 ‘‘(A) a high-need local educational agency; 

16 ‘‘(B) an educational service agency serving 

17 more than 1 high-need local educational agency; 

18 or 

19 ‘‘(C) a consortium of high-need local edu20 cational agencies. 

21 ‘‘(4) LOW-INCOME STUDENT.—The term ‘low22 income student’ means a student— 

23 ‘‘(A) from a family with an income below 

24 the poverty line; or 


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1 ‘‘(B) who is eligible for free or reduced2 price lunch under the Richard B. Russell Na3 tional School Lunch Act (42 U.S.C. 1751 et 

4 seq.). 

5 ‘‘SEC. 4303. GRANT PROGRAM. 

6 ‘‘(a) GRANTS TO ELIGIBLE ENTITIES.—From 

7 amounts appropriated to carry out this part for a fiscal 

8 year, and not reserved in accordance with section 9601, 

9 the Secretary shall make grants to eligible entities to en10 able the eligible entities to carry out the activities de11 scribed in subsection (e). 

12 ‘‘(b) DURATION.—A grant under this section shall be 

13 for a period of not more than 5 years. 

14 ‘‘(c) PAYMENTS.— 

15 ‘‘(1) CONTINGENT PAYMENTS.—After the third 

16 year of a grant under this section, the Secretary 

17 shall make continued funding under the grant con18 tingent upon the eligible entity’s progress toward 

19 reaching the goals established under the metrics de20 scribed in subsection (h)(1). 

21 ‘‘(2) FORMULA.— 

22 ‘‘(A) DISTRIBUTION TRIGGER.— 

23 ‘‘(i) AMOUNT TO TRIGGER FOR24 MULA.—If the amount of funds appro25 priated to carry out this part for a fiscal 


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1 year equals or exceeds $500,000,000, then 

2 the Secretary shall award grants to eligible 

3 entities based on the formula described 

4 under subparagraph (B). 

5 ‘‘(ii) AMOUNT TO TRIGGER COMPETI6 TIVE GRANT PROCESS.—If the funds ap7 propriated to carry out this part for a fis8 cal year are less than $500,000,000, then 

9 the Secretary shall award grants to eligible 

10 entities on a competitive basis. 

11 ‘‘(B) FORMULA.—From funds made avail12 able to carry out this part for a fiscal year, and 

13 not reserved in accordance with section 9601, 

14 the Secretary shall allot to each eligible entity 

15 having an application approved under subpara16 graph (C)— 

17 ‘‘(i) an amount that bears the same 

18 relationship to 80 percent of the remainder 

19 as the number of individuals ages 5 

20 through 17 from families with incomes 

21 below the poverty line, in the State, as de22 termined by the Secretary on the basis of 

23 the most recent satisfactory data, bears to 

24 the number of those individuals in all 


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1 States that have an application approved 

2 under such subparagraph; and 

3 ‘‘(ii) an amount that bears the same 

4 relationship to 20 percent of the remainder 

5 as the number of individuals ages 5 to 17 

6 in the State, as determined by the Sec7 retary on the basis of the most recent sat8 isfactory data, bears to the number of 

9 those individuals in all States that have an 

10 application approved under such subpara11 graph. 

12 ‘‘(C) EXCEPTIONS.— 

13 ‘‘(i) MINIMUM GRANT AMOUNT.—Sub14 ject to clause (ii), no State receiving an al15 lotment under subparagraph (B) may re16 ceive less than 1 percent of the total 

17 amount allotted under such subparagraph. 

18 ‘‘(ii) PUERTO RICO.—The percentage 

19 of the amount allotted under subparagraph 

20 (B) that is allotted to the Commonwealth 

21 of Puerto Rico for a fiscal year may not 

22 exceed the amount under clause (i). 

23 ‘‘(D) PEER REVIEW REQUIREMENTS.—The 

24 Secretary shall establish a peer review process 

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1 mula funding, as described in subparagraph 

2 (B), are of high quality and meet the require3 ments and purposes of this part. 

4 ‘‘(d) APPLICATION.— 

5 ‘‘(1) IN GENERAL.—Each eligible entity desir6 ing a grant under this section shall submit an appli7 cation to the Secretary at such time, in such man8 ner, and accompanied by such information as the 

9 Secretary may require. 

10 ‘‘(2) CONTENTS.—The application shall, at a 

11 minimum— 

12 ‘‘(A) describe the needs identified by the 

13 eligible entity, based on the eligible entity’s 

14 analysis of— 

15 ‘‘(i) student access to, and quality of 

16 instruction in, covered subjects, including a 

17 comparison of such access and quality be18 tween low-income and non-low-income stu19 dents in the State served by the eligible en20 tity; 

21 ‘‘(ii) the capacity of high-need local 

22 educational agencies in such State to de23 liver high-quality instruction in covered 

24 subjects, including an analysis of instruc25 tional supports, curricula, teacher evaluaVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 tion systems, and teacher qualifications, ef2 fectiveness, knowledge, and skills; 

3 ‘‘(iii) the capacity of the eligible entity 

4 to provide local educational agencies with 

5 the support, including professional develop6 ment and technical assistance, needed to 

7 deliver high-quality instruction and cur8 ricula in covered subjects; and 

9 ‘‘(iv) standards, assessments, cur10 ricula, accommodations, and other sup11 ports used in such State in covered sub12 jects; 

13 ‘‘(B) identify the covered subjects that the 

14 eligible entity will address through the activities 

15 described in subsection (e), consistent with the 

16 needs identified in subparagraph (A); 

17 ‘‘(C) describe, in a manner that addresses 

18 the needs identified in subparagraph (A)— 

19 ‘‘(i) how access to high-quality courses 

20 in the subjects identified in subparagraph 

21 (B) will be increased for low-income stu22 dents in such State; 

23 ‘‘(ii) how the knowledge and skills of 

24 teachers will be evaluated and improved so 


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1 that such teachers will deliver high-quality 

2 instruction in such subjects; 

3 ‘‘(iii) how the eligible entity will pro4 vide assistance to high-need local edu5 cational agencies to improve student access 

6 to, and achievement in, the subjects identi7 fied in subparagraph (B), including 

8 through principal training; and 

9 ‘‘(iv) how the eligible entity will en10 sure that all activities funded through a 

11 grant awarded under this section are evi12 dence-based; 

13 ‘‘(D) describe how activities funded 

14 through a grant awarded under this section will 

15 be aligned with other Federal, State, and local 

16 funding, programs, and strategies, as appro17 priate; and 

18 ‘‘(E) if applicable, describe the eligible en19 tity’s plan for disbursing funds to eligible sub20 grantees to implement the activities described 

21 in subsection (e). 

22 ‘‘(3) COMPETITIVE PRIORITY.—If grants are 

23 awarded competitively, consistent with subsection 

24 (c)(2)(A)(ii), the Secretary shall give priority to ap25 plications from eligible entities that— 


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1 ‘‘(A) include in the application a plan to 

2 implement an interdisciplinary approach, by in3 tegrating instruction in 1 or more covered sub4 jects with reading, English, language arts, 

5 science, or mathematics instruction; and 

6 ‘‘(B) include in the application a plan to 

7 provide expanded learning time in the schools 

8 served by eligible subgrantees, in order to in9 crease access to covered subjects. 

10 ‘‘(e) AUTHORIZED ACTIVITIES.— 

11 ‘‘(1) IN GENERAL.—Each eligible entity that re12 ceives a grant under this section shall use the grant 

13 funds to increase access for low-income students to 

14 high-quality courses in the subjects identified in sub15 section (d)(2)(B) by carrying out 1 or more of the 

16 following activities: 

17 ‘‘(A) Improving the knowledge and skills of 

18 teachers through rigorous evaluation systems, 

19 professional development, and other instruc20 tional supports in order to deliver high-quality 

21 instruction in such subjects, including to stu22 dents who are English learners and students 

23 who are children with disabilities. 

24 ‘‘(B) Providing assistance to high-need 

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1 come student access to, and achievement in, 

2 such subjects. 

3 ‘‘(C) Developing and implementing, or 

4 building local capacity to develop and imple5 ment, high-quality curricula, instructional sup6 ports, and assessments that are aligned with 

7 the State college and career ready academic 

8 content and achievement standards, consistent 

9 with section 1111(a)(1), in such subjects. 

10 ‘‘(2) SPECIAL RULE.—Each eligible entity that 

11 receives a grant under this section shall use grant 

12 funds to meet the needs identified in subsection 

13 (d)(2)(A) and the Secretary shall not require any eli14 gible entity to address a specific subject or to ad15 dress all covered subjects. 

16 ‘‘(3) STATE ADMINISTRATION.—Each eligible 

17 entity that receives a grant under this section may 

18 reserve not more than 4 percent of grant funds for 

19 administration costs of the grant. 

20 ‘‘(f) SUBGRANTS.— 

21 ‘‘(1) IN GENERAL.—Each eligible entity that re22 ceives a grant under this section may, in accordance 

23 with paragraph (2), award subgrants, on a competi24 tive basis, to eligible subgrantees to enable such eliVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 gible subgrantees to carry out the activities de2 scribed in subsection (e). 

3 ‘‘(2) MINIMUM GRANT.—Each subgrant under 

4 this subsection shall be of sufficient size and scope 

5 to support a high-quality, effective program that is 

6 consistent with the purpose of this part. 

7 ‘‘(g) EVALUATION.—From the amount reserved in 

8 accordance with section 9601, the Secretary shall— 

9 ‘‘(1) acting through the Director of the Insti10 tute of Education Sciences— 

11 ‘‘(A) evaluate, in consultation with the rel12 evant program office at the Department of 

13 Education, the implementation and impact of 

14 the activities supported under this section, in15 cluding progress as measured by the metrics es16 tablished under subsection (h)(1); and 

17 ‘‘(B) identify best practices to improve in18 struction in covered subjects; and 

19 ‘‘(2) disseminate research on best practices to 

20 improve instruction in covered subjects. 

21 ‘‘(h) ACCOUNTABILITY.— 

22 ‘‘(1) PERFORMANCE METRICS.—The Secretary, 

23 acting through the Director of the Institute of Edu24 cation Sciences, shall, in consultation with the rel25 evant program office at the Department, establish 


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1 performance metrics to evaluate the outcomes of 

2 grant projects that are assisted under this part. 

3 ‘‘(2) ANNUAL REPORTS.—Each eligible entity 

4 that receives a grant under this section shall prepare 

5 and submit an annual report to the Secretary, which 

6 shall include information about the performance 

7 metrics described in paragraph (1). 

8 ‘‘(i) SUPPLEMENT NOT SUPPLANT.—An eligible enti9 ty shall use Federal funds received under this section only 

10 to supplement the funds that would, in the absence of such 

11 Federal funds, be made available from other Federal and 

12 non-Federal sources for the activities described in this sec13 tion, and not to supplement such funds. 

14 ‘‘(j) MAINTENANCE OF EFFORT.—A State that re15 ceives assistance under this part shall maintain the fiscal 

16 effort provided by the State for the subjects supported by 

17 a grant under this part at a level equal to or greater than 

18 the level of such fiscal effort for the preceding fiscal 

19 year.’’. 

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

21 Title IV (20 U.S.C. 7101 et seq.) is amended by in22 serting after part C, as added by section 4104 of this Act, 

23 the following: 


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1 ‘‘PART D—SUCCESSFUL, SAFE, AND HEALTHY 

2 STUDENTS 

3 ‘‘SEC. 4401. PURPOSE. 

4 ‘‘The purpose of this part is to assist States and local 

5 educational agencies in developing and implementing com6 prehensive programs and strategies to foster positive con7 ditions for learning in public schools, in order to increase 

8 academic achievement for all students through activities 

9 that— 

10 ‘‘(1) promote student physical health and well11 being, nutrition, and fitness; 

12 ‘‘(2) promote student mental health and well13 being; 

14 ‘‘(3) prevent school violence and harassment, 

15 and reduce substance abuse among students; and 

16 ‘‘(4) promote safe and supportive schools. 

17 ‘‘SEC. 4402. DEFINITIONS. 

18 ‘‘In this part: 

19 ‘‘(1) CONTROLLED SUBSTANCE.—The term 

20 ‘controlled substance’ means a drug or other sub21 stance identified under Schedule I, II, III, IV, or V 

22 of section 202(c) of the Controlled Substances Act 

23 (21 U.S.C. 812(c)). 

24 ‘‘(2) DRUG.—The term ‘drug’ includes— 

25 ‘‘(A) a controlled substance; 


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1 ‘‘(B) with respect to alcohol and tobacco, 

2 the illegal use of such substances; and 

3 ‘‘(C) with respect to inhalants and anabolic 

4 steroids, the harmful, abusive, or addictive use 

5 of such substances. 

6 ‘‘(3) DRUG AND VIOLENCE PREVENTION.—The 

7 term ‘drug and violence prevention’ means— 

8 ‘‘(A) with respect to drugs, prevention, 

9 early intervention, rehabilitation referral, or 

10 education related to the abuse and illegal use of 

11 drugs; and 

12 ‘‘(B) with respect to violence, the pro13 motion of school safety, such that students and 

14 school personnel are free from violent and dis15 ruptive acts, including sexual harassment and 

16 abuse, and victimization associated with preju17 dice and intolerance, on school premises, going 

18 to and from school, at school sponsored activi19 ties, and via communications made available 

20 through electronic means, through the creation 

21 and maintenance of a school environment that 

22 is free of weapons and fosters individual respon23 sibility and respect for the rights of others, and 

24 employs positive, preventative approaches to 

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1 moval from instruction and reduce disparities 

2 among the subgroups of students described in 

3 section 1111(a)(2)(B)(ix). 

4 ‘‘(4) ELIGIBLE LOCAL APPLICANT.—The term 

5 ‘eligible local applicant’ means— 

6 ‘‘(A) a local educational agency; 

7 ‘‘(B) a consortium of local educational 

8 agencies; or 

9 ‘‘(C) a local educational agency or consor10 tium of local educational agencies in partner11 ship with a nonprofit organization that has a 

12 demonstrated record of success in implementing 

13 activities consistent with the purpose of this 

14 part. 

15 ‘‘(5) PHYSICAL EDUCATION INDICATORS.—The 

16 term ‘physical education indicators’ means a set of 

17 measures for instruction on physical activity, health18 related fitness, physical competence, and cognitive 

19 understanding about physical activity that— 

20 ‘‘(A) are publicly reported annually in the 

21 State’s conditions for learning measurement 

22 system described in section 4404(g); and 

23 ‘‘(B) include, for the State, for each local 

24 educational agency in the State, and for each 

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1 utes that all students engage in moderate to 

2 vigorous physical activity, as measured against 

3 established recommended guidelines of the Cen4 ters for Disease Control and Prevention and the 

5 Department of Health and Human Services. 

6 ‘‘(6) PROGRAMS TO PROMOTE MENTAL

7 HEALTH.—The term ‘programs to promote mental 

8 health’ means programs that— 

9 ‘‘(A) develop students’ social and emotional 

10 competencies; and 

11 ‘‘(B) link students with, as applicable, 

12 school-based or local mental health systems, in13 cluding by— 

14 ‘‘(i) enhancing, improving, or devel15 oping collaborative efforts between school16 based systems and mental health systems; 

17 ‘‘(ii) improving the availability of cri18 sis intervention services and appropriate 

19 referrals for students potentially in need of 

20 mental health services; 

21 ‘‘(iii) providing training for mental 

22 health professionals and other school-based 

23 specialized instructional support personnel 

24 who will participate in the program; and 


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1 ‘‘(iv) providing services that establish 

2 or expand the availability of counseling 

3 and mental health programs for students. 

4 ‘‘(7) PROGRAMS TO PROMOTE PHYSICAL ACTIV5 ITY, EDUCATION, FITNESS, AND NUTRITION.—The 

6 term ‘programs to promote physical activity, edu7 cation, fitness, and nutrition’ means programs that 

8 increase and enable active student participation in 

9 physical well-being activities, provide teacher profes10 sional development, are comprehensive in nature, 

11 and include opportunities for professional develop12 ment for teachers of physical education to stay 

13 abreast of the latest research, issues, and trends in 

14 the field of physical education, and include 1 or 

15 more of the following activities: 

16 ‘‘(A) Fitness education and assessment to 

17 help students understand, improve, or maintain 

18 their physical well-being. 

19 ‘‘(B) Instruction in a variety of motor 

20 skills and physical activities designed to en21 hance the physical, mental, social, and emo22 tional development of every student. 

23 ‘‘(C) Development of, and instruction in, 

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1 ical fitness that support a lifelong healthy life2 style. 

3 ‘‘(D) Opportunities to develop positive so4 cial and cooperative skills through physical ac5 tivity. 

6 ‘‘(E) Instruction in healthy eating habits 

7 and good nutrition. 

8 ‘‘SEC. 4403. RESERVATIONS. 

9 ‘‘From amounts made available to carry out this part, 

10 the Secretary shall reserve— 

11 ‘‘(1) for the first 3 years for which funding is 

12 made available to carry out this part— 

13 ‘‘(A) not more than 30 percent of such 

14 amounts or $30,000,000, whichever amount is 

15 greater, for State conditions for learning meas16 urement systems grants, distributed to every 

17 State (by an application process consistent with 

18 section 4404) in an amount proportional to 

19 each State’s share of funding under part A of 

20 title I of this Act, to develop or improve the 

21 State’s conditions for learning measurement 

22 system described in section 4404(g), and to 

23 conduct a needs analysis to meet the require24 ments of section 4404(c)(2); and 


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1 ‘‘(B) not more than 68 percent of such 

2 amounts for Successful, Safe, and Healthy Stu3 dents State Grants under section 4404; 

4 ‘‘(2) for the fourth year and each subsequent 

5 year for which funding is made available to carry 

6 out this part, not less than 98 percent of such 

7 amounts for Successful, Safe, and Healthy Students 

8 State Grants under section 4404; and 

9 ‘‘(3) in each year for which funding is made 

10 available to carry out this part, not more than 2 per11 cent of such amounts for technical assistance. 

12 ‘‘SEC. 4404. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS 

13 STATE GRANTS. 

14 ‘‘(a) PURPOSE.—The purpose of this section is to 

15 provide funding to States to implement comprehensive 

16 programs that address conditions for learning in schools 

17 in the State. Such programs shall be based on— 

18 ‘‘(1) scientifically valid research; and 

19 ‘‘(2) an analysis of need that considers, at a 

20 minimum, the indicators in the State’s conditions for 

21 learning measurement system described in sub22 section (g). 

23 ‘‘(b) STATE GRANTS.— 

24 ‘‘(1) IN GENERAL.—From amounts reserved 

25 under section 4403 for Successful, Safe, and 


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1 Healthy Students State Grants, the Secretary shall 

2 award grants to States to carry out the purpose of 

3 this section. 

4 ‘‘(2) AWARDS TO STATES.— 

5 ‘‘(A) FORMULA GRANTS.—Except as pro6 vided in subparagraph (B), if the total amount 

7 reserved under section 4404 for Successful, 

8 Safe, and Healthy Students State Grants for a 

9 fiscal year is $500,000,000 or greater, the Sec10 retary shall allot to each State with an ap11 proved application an amount that bears the 

12 same relationship to such total amount as the 

13 amount received under part A of title I by such 

14 State for the preceding fiscal year bears to the 

15 amount received under such part for the pre16 ceding fiscal year by all States. 

17 ‘‘(B) MINIMUM STATE ALLOTMENT.— 

18 ‘‘(i) IN GENERAL.—No State receiving 

19 an allotment under subparagraph (A) may 

20 receive less than one-half of 1 percent of 

21 the total amount allotted under such sub22 paragraph. 

23 ‘‘(ii) PUERTO RICO.—The amount al24 lotted under subparagraph (A) to the Com25 monwealth of Puerto Rico for a fiscal year 


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1 may not exceed one-half of 1 percent of the 

2 total amount allotted under such subpara3 graph for such fiscal year. 

4 ‘‘(C) COMPETITIVE GRANTS.— 

5 ‘‘(i) IN GENERAL.—If the total 

6 amount reserved under section 4404 for 

7 Successful, Safe, and Healthy Students 

8 State Grants for a fiscal year is less than 

9 $500,000,000, the Secretary shall award 

10 grants under this section on a competitive 

11 basis. 

12 ‘‘(ii) SUFFICIENT SIZE AND SCOPE.— 

13 In awarding grants on a competitive basis 

14 pursuant to clause (i), the Secretary shall 

15 ensure that grant awards are of sufficient 

16 size and scope to carry out required and 

17 approved activities under this section. 

18 ‘‘(c) APPLICATIONS.— 

19 ‘‘(1) IN GENERAL.—A State that desires to re20 ceive a grant under this section shall submit an ap21 plication at such time, in such manner, and con22 taining such information as the Secretary may re23 quire. 

24 ‘‘(2) CONTENT OF APPLICATION.—At a min25 imum, the application shall include— 


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1 ‘‘(A) a plan for improving conditions for 

2 learning in schools in the State in a manner 

3 consistent with the requirements of the pro4 gram that may be a part of a broader statewide 

5 child and youth plan, if such a plan exists and 

6 is consistent with the requirements of this part; 

7 ‘‘(B) a needs analysis of the conditions for 

8 learning in schools in the State, which— 

9 ‘‘(i) shall include a description of, and 

10 data measuring, the State’s conditions for 

11 learning; and 

12 ‘‘(ii) may be a part of a broader state13 wide child and youth needs analysis, if 

14 such an analysis exists and is consistent 

15 with the requirements of this part; 

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

17 State proposes to implement with grant funds 

18 are responsive to the results of the needs anal19 ysis described in subparagraph (B); and 

20 ‘‘(D) a description of how the State will— 

21 ‘‘(i) develop, adopt, adapt, or imple22 ment the State’s conditions for learning 

23 measurement system described in sub24 section (g), and how the State will ensure 

25 that all local educational agencies and 


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1 schools in the State participate in such 

2 system; 

3 ‘‘(ii) ensure the quality and validity of 

4 the State’s conditions for learning data col5 lection; 

6 ‘‘(iii) coordinate the proposed activi7 ties with other Federal and State pro8 grams, including programs funded under 

9 this part, which may include programs to 

10 expand learning time and for before- and 

11 after-school programming; 

12 ‘‘(iv) assist local educational agencies 

13 to align activities with funds the agencies 

14 receive under the program with other fund15 ing sources in order to support a coherent 

16 and nonduplicative program; 

17 ‘‘(v) solicit and approve subgrant ap18 plications, including how the State will— 

19 ‘‘(I) allocate funds for statewide 

20 activities and subgrants for each year 

21 of the grant, consistent with allocation 

22 requirements under subsection (h)(2); 

23 and 

24 ‘‘(II) consider the results of the 

25 analysis described in subparagraph 


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1 (B) in the State’s distribution of sub2 grants; 

3 ‘‘(vi) address the needs of diverse geo4 graphic areas in the State, including rural 

5 and urban communities; 

6 ‘‘(vii) provide assistance to local edu7 cational agencies and schools in their ef8 forts to prevent and appropriately respond 

9 to incidents of harassment, including build10 ing the capacity of such agencies and 

11 schools to educate family and community 

12 members regarding the agencies’ and 

13 schools’ respective roles in preventing and 

14 responding to such incidents; and 

15 ‘‘(viii) provide assistance to local edu16 cational agencies and schools in their ap17 proaches to school discipline. 

18 ‘‘(3) APPLICATION REVIEW PROCESS.—The 

19 Secretary shall establish a process to review applica20 tions submitted under this subsection. 

21 ‘‘(d) DURATION.— 

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

23 grant under this section may receive funding for not 

24 more than 5 years in accordance with this sub25 section. 


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1 ‘‘(2) INITIAL PERIOD.—The Secretary shall 

2 award grants under this section for an initial period 

3 of not more than 3 years. 

4 ‘‘(3) GRANT EXTENSION.—The Secretary may 

5 extend a competitive grant awarded to a State under 

6 this section for not more than an additional 2 years 

7 if the State shows sufficient improvement, as deter8 mined by the Secretary, against baseline data for the 

9 performance metrics established under subsection 

10 (i). 

11 ‘‘(e) RESERVATION AND USE OF FUNDS.—A State 

12 that receives a grant under this section shall— 

‘‘(1) reserve not more than 71 13 ⁄2 percent of the 

14 grant funds for administration of the program, tech15 nical assistance, and the development, improvement, 

16 and implementation of the State’s conditions for 

17 learning measurement system, as described in sub18 section (g); and 

19 ‘‘(2) use the remainder of grant funds after 

20 making the reservation under paragraph (1) to 

21 award subgrants, on a competitive basis, to eligible 

22 local applicants. 

23 ‘‘(f) REQUIRED STATE ACTIVITIES.—A State that re24 ceives a grant under this section shall— 


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1 ‘‘(1) establish a statewide physical education re2 quirement that is consistent with widely recognized 

3 standards; 

4 ‘‘(2) require all local educational agencies in the 

5 State to— 

6 ‘‘(A) establish policies that prevent and 

7 prohibit conduct that is sufficiently severe, per8 sistent, or pervasive to limit a student’s ability 

9 to participate in or benefit from a program or 

10 activity of a public school or educational agen11 cy, or to create a hostile or abusive educational 

12 environment at a program or activity of a pub13 lic school or educational agency, including acts 

14 of verbal, nonverbal, or physical aggression, in15 timidation, or hostility; and 

16 ‘‘(B) provide— 

17 ‘‘(i) annual notice to parents and stu18 dents describing the full range of prohib19 ited conduct contained in such local edu20 cational agency’s discipline policies; and 

21 ‘‘(ii) grievance procedures for students 

22 or parents to register complaints regarding 

23 the prohibited conduct contained in such 

24 local educational agency’s discipline poli25 cies, including— 


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1 ‘‘(I) the name of the local edu2 cational agency officials who are des3 ignated as responsible for receiving 

4 such complaints; and 

5 ‘‘(II) timelines that the local edu6 cational agency will follow in the reso7 lution of such complaints; 

8 ‘‘(3) not later than 1 year after receipt of the 

9 grant, develop, adapt, improve, or adopt and imple10 ment the statewide conditions for learning measure11 ment system described in subsection (g) (unless the 

12 State can demonstrate, to the satisfaction of the 

13 Secretary, that an appropriate system has already 

14 been implemented) that annually measures the 

15 State’s progress in the conditions for learning for 

16 every public school in the State; 

17 ‘‘(4) collect information in each year of the 

18 grant on the conditions for learning at the school19 building level; 

20 ‘‘(5) collect annual incident data at the school21 building level that are accurate and complete; 

22 ‘‘(6) publicly report, at the school level and 

23 local educational agency level, the data collected in 

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1 ly and highly accessible manner, and in a manner 

2 that does not reveal personally identifiable informa3 tion; 

4 ‘‘(7) use the results of the data collected in the 

5 State’s conditions for learning measurement system 

6 to— 

7 ‘‘(A) identify and address conditions for 

8 learning statewide; 

9 ‘‘(B) help subgrantees identify and address 

10 school and student needs; and 

11 ‘‘(C) provide individualized assistance to 

12 schools identified under section 1116 and 

13 schools with significant conditions for learning 

14 weaknesses; 

15 ‘‘(8) award subgrants, consistent with sub16 section (h), to eligible local applicants; and 

17 ‘‘(9) monitor subgrants and provide technical 

18 assistance to subgrantees on the implementation of 

19 grant activities. 

20 ‘‘(g) CONDITIONS FOR LEARNING MEASUREMENT

21 SYSTEM.— 

22 ‘‘(1) IN GENERAL.—Each State that receives a 

23 grant under this part shall establish a State report24 ing and information system that measures conditions 

25 for learning in the State and is, to the extent pracVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00569 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 ticable, part of the State’s statewide longitudinal 

2 data system and with the State’s system for report3 ing the data required under section 1111. 

4 ‘‘(2) SYSTEM ACTIVITIES.—The State reporting 

5 and information system described in paragraph (1) 

6 shall— 

7 ‘‘(A) contain, at a minimum, data from 

8 valid and reliable surveys of students and staff 

9 and the indicators in subparagraph (B) that 

10 allow staff at the State, local educational agen11 cies, and schools to examine and improve 

12 school-level conditions for learning; 

13 ‘‘(B) collect school-level data on— 

14 ‘‘(i) physical education indicators; 

15 ‘‘(ii) student attendance and truancy; 

16 ‘‘(iii) in-school suspensions, out-of17 school suspensions, expulsions, referrals to 

18 law enforcement, school-based arrests, and 

19 disciplinary transfers (including place20 ments in alternative schools) by student; 

21 ‘‘(iv) the frequency, seriousness, and 

22 incidence of violence and drug-related of23 fenses resulting in disciplinary action in el24 ementary schools and secondary schools in 

25 the State; and 


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1 ‘‘(v) the incidence and prevalence, age 

2 of onset, perception of health risk, and per3 ception of social disapproval of drug use 

4 and violence, including harassment, by 

5 youth and school personnel in schools and 

6 communities; 

7 ‘‘(C) collect and report data, including, at 

8 a minimum, the data described in clauses (ii), 

9 (iii), and (v) of subparagraph (B), in the aggre10 gate and disaggregated by the categories of 

11 race, ethnicity, gender, disability status, mi12 grant status, English proficiency, and status as 

13 economically disadvantaged, and cross tabulated 

14 across all of such categories by gender and by 

15 disability; 

16 ‘‘(D) protect student privacy, consistent 

17 with applicable data privacy laws and regula18 tions, including section 444 of the General Edu19 cation Provisions Act (20 U.S.C. 1232g, com20 monly known as the ‘Family Educational 

21 Rights and Privacy Act of 1974’); and 

22 ‘‘(E) to the extent practicable, utilize a 

23 web-based reporting system. 


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1 ‘‘(3) COMPILING STATISTICS.—In compiling the 

2 statistics required to measure conditions for learning 

3 in the State— 

4 ‘‘(A) the offenses described in paragraph 

5 (2)(B)(iv) shall be defined pursuant to the 

6 State’s criminal code, and aligned to the extent 

7 possible, with the Federal Bureau of Investiga8 tion’s Uniform Crime Reports categories, but 

9 shall not identify victims of crimes or persons 

10 accused of crimes and the collected data shall 

11 include incident reports by school officials, 

12 anonymous student surveys, and anonymous 

13 teacher surveys; 

14 ‘‘(B) the performance metrics that are es15 tablished under subsection (i) shall be collected 

16 and the performance on such metrics shall be 

17 defined and reported uniformly statewide; 

18 ‘‘(C) the State shall collect, analyze, and 

19 use the data under paragraph (2)(B) at least 

20 annually, except the indicators under paragraph 

21 (2)(B)(v) may be collected, at a minimum, 

22 every 2 years; and 

23 ‘‘(D) grant recipients and subgrant recipi24 ents shall use the data for planning and contin25 uous improvement of activities implemented 


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1 under this part, and may collect data for indi2 cators that are locally defined, and that are not 

3 reported to the State, to meet local needs (so 

4 long as such indicators are aligned with the 

5 conditions for learning). 

6 ‘‘(h) SUBGRANTS.— 

7 ‘‘(1) IN GENERAL.— 

8 ‘‘(A) AWARDING OF SUBGRANTS.—A State 

9 that receives a grant under this section shall 

10 award subgrants, on a competitive basis, to eli11 gible local applicants— 

12 ‘‘(i) based on need as identified by the 

13 State’s conditions for learning measure14 ment system described in subsection (g); 

15 ‘‘(ii) that are of sufficient size and 

16 scope to enable subgrantees to carry out 

17 approved activities; and 

18 ‘‘(iii) to implement programs that— 

19 ‘‘(I) are comprehensive in nature; 

20 ‘‘(II) are based on scientifically 

21 valid research; 

22 ‘‘(III) improve conditions for 

23 learning; and 

24 ‘‘(IV) are part of a strategy to 

25 achieve all the conditions for learning. 


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1 ‘‘(B) ASSISTANCE.—A State that receives 

2 a grant under this section shall provide assist3 ance to subgrant applicants and recipients in 

4 the selection of scientifically valid programs and 

5 interventions. 

6 ‘‘(2) ALLOCATION.— 

7 ‘‘(A) IN GENERAL.—In awarding sub8 grants under this section, each State shall en9 sure that, for the aggregate of all subgrants 

10 awarded by the State, not less than 20 percent 

11 of the subgrant funds are allocated to carry out 

12 programs to promote physical activity, edu13 cation, fitness, and nutrition. 

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

15 in this paragraph shall be construed to require 

16 States, in making subgrants to eligible local ap17 plicants, to require subgrant recipients to use 

18 20 percent of subgrant funds for the promotion 

19 of physical activity, education, fitness, and nu20 trition. 

21 ‘‘(3) APPLICATIONS.—An eligible local applicant 

22 that desires to receive a subgrant under this sub23 section shall submit to the State an application at 

24 such time, in such manner, and containing such in25 formation as the State may require. 


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1 ‘‘(4) PRIORITY.—In awarding subgrants under 

2 this subsection, a State shall give priority to applica3 tions that— 

4 ‘‘(A) demonstrate the greatest need ac5 cording to the results of the local needs assess6 ment; and 

7 ‘‘(B) propose to serve schools with the 

8 highest concentrations of poverty, based on the 

9 percentage of students receiving or are eligible 

10 to receive a free or reduced price lunch under 

11 the Richard B. Russell National School Lunch 

12 Act (42 U.S.C. 1751 et seq.). 

13 ‘‘(5) ACTIVITIES OF SUBGRANT RECIPIENTS.— 

14 Each recipient of a subgrant under this subsection 

15 shall, for the duration of the subgrant, provide for 

16 the following: 

17 ‘‘(A) Carry out activities— 

18 ‘‘(i) the need for which has been iden19 tified, at a minimum, through the State’s 

20 conditions for learning measurement sys21 tem described in subsection (g); 

22 ‘‘(ii) that are part of a comprehensive 

23 strategy or framework to address such 

24 need; and 


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1 ‘‘(iii) that include 1 or more of the 

2 following: 

3 ‘‘(I) Drug and violence preven4 tion; 

5 ‘‘(II) Programs to promote men6 tal health. 

7 ‘‘(III) Programs to promote 

8 physical activity, education, fitness, 

9 and nutrition. 

10 ‘‘(B) Ensure that each framework, inter11 vention, or program selected be based on sci12 entifically valid research and be used for the 

13 purpose for which such framework, interven14 tion, or program was found to be effective. 

15 ‘‘(C) Use school-level data from the State’s 

16 conditions for learning measurement system, 

17 described in subsection (g), to inform the imple18 mentation and continuous improvement of ac19 tivities carried out under this part. 

20 ‘‘(D) Collect and report to the State edu21 cational agency, data for schools served by the 

22 subgrant recipient, in a manner consistent with 

23 the State’s conditions for learning measurement 

24 system, described in subsection (g). 


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1 ‘‘(E) Establish policies to expand access to 

2 quality physical activity opportunities, including 

3 local school wellness policies consistent with the 

4 requirements of section 9A of the Richard B. 

5 Russell National School Lunch Act. For pur6 poses of this part, school wellness councils es7 tablished consistent with section 9A of the 

8 Richard B. Russell National School Lunch Act 

9 may be part of existing school councils, if such 

10 councils exist and have the capacity and willing11 ness to address school wellness. 

12 ‘‘(F) Engage family members and commu13 nity-based organizations in the development of 

14 conditions for learning surveys, and in the plan15 ning, implementation, and review of the 

16 subgrant recipient’s efforts under this part. 

17 ‘‘(G) Consider and accommodate the 

18 unique needs of students with disabilities and 

19 English learners in implementing activities. 

20 ‘‘(i) ACCOUNTABILITY.— 

21 ‘‘(1) ESTABLISHMENT OF PERFORMANCE

22 METRICS.—The Secretary, acting through the Direc23 tor of the Institute of Education Sciences, shall es24 tablish program performance metrics to measure the 


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1 effectiveness of the activities carried out under this 

2 part. 

3 ‘‘(2) ANNUAL REPORT.—Each State that re4 ceives a grant under this part shall prepare and sub5 mit an annual report to the Secretary, which shall 

6 include information relevant to the conditions for 

7 learning, including on progress towards meeting out8 comes for the metrics established under paragraph 

9 (1). 

10 ‘‘(j) EVALUATION.—From the amount reserved in ac11 cordance with section 9601, the Secretary, acting through 

12 the Director of the Institute of Education Sciences, shall 

13 conduct an evaluation of the impact of the practices fund14 ed or disseminated under this section. 

15 ‘‘SEC. 4405. TECHNICAL ASSISTANCE. 

16 ‘‘From the amount reserved under section 4403(3), 

17 the Secretary shall provide technical assistance to appli18 cants, recipients, and subgrant recipients of the programs 

19 funded under this part. 

20 ‘‘SEC. 4406. PROHIBITED USES OF FUNDS. 

21 ‘‘No funds appropriated under this part may be used 

22 to pay for— 

23 ‘‘(1) school resource officer or other security 

24 personnel salaries, metal detectors, security cameras, 


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1 or other security-related salaries, equipment, or ex2 penses; 

3 ‘‘(2) drug testing programs; or 

4 ‘‘(3) the development, establishment, implemen5 tation, or enforcement of zero-tolerance discipline 

6 policies, other than those expressly required under 

7 the Gun-Free Schools Act (20 U.S.C. 7151 et seq.). 

8 ‘‘SEC. 4407. FEDERAL AND STATE NONDISCRIMINATION 

9 LAWS. 

10 ‘‘Nothing in this part shall be construed to invalidate 

11 or limit nondiscrimination principles or rights, remedies, 

12 procedures, or legal standards available to victims of dis13 crimination under any other Federal law or law of a State 

14 or political subdivision of a State, including title VI of the 

15 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 

16 IX of the Education Amendments of 1972 (20 U.S.C. 

17 1681 et seq.), section 504 or 505 of the Rehabilitation 

18 Act of 1973 (29 U.S.C. 794 and 794a), or the Americans 

19 with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 

20 The obligations imposed by this part are in addition to 

21 those imposed by title VI of the Civil Rights Act of 1964 

22 (42 U.S.C. 2000d et seq.), title IX of the Education 

23 Amendments of 1972 (20 U.S.C. 1681 et seq.), section 

24 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 


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1 and the Americans with Disabilities Act of 1990 (42 

2 U.S.C. 12101 et seq.).’’. 

3 SEC. 4106. 21ST CENTURY COMMUNITY LEARNING CEN4 TERS. 

5 Part E of title IV, as redesignated by section 4103(a) 

6 of this Act, is amended— 

7 (1) in section 4501, as redesignated by section 

8 4103(a) of this Act— 

9 (A) in subsection (a)— 

10 (i) in the matter preceding paragraph 

11 (1)— 

12 (I) by striking ‘‘to provide’’ and 

13 inserting ‘‘to assist States in pro14 viding’’; and 

15 (II) by striking ‘‘communities’’ 

16 and inserting ‘‘eligible entities’’; 

17 (ii) in paragraph (1)— 

18 (I) by inserting ‘‘students with 

19 before school, after school, or summer 

20 learning’’ after provide; 

21 (II) by striking ‘‘, particularly 

22 students’’; and 

23 (III) by striking the comma after 

24 ‘‘low-performing schools’’; 

25 (iii) in paragraph (2)— 


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1 (I) by inserting ‘‘who attend low2 performing schools’’ after ‘‘offer stu3 dents’’; and 

4 (II) by striking ‘‘and’’ after the 

5 semicolon; and 

6 (iv) by striking paragraph (3) and in7 serting the following: 

8 ‘‘(3) significantly increase the number of hours 

9 in a regular school day, week, or year in order to 

10 provide students with additional time for academic 

11 work and for additional subjects and enrichment ac12 tivities that increase student achievement and en13 gagement; and 

14 ‘‘(4) comprehensively redesign and implement 

15 an expanded school day, expanded school week, or 

16 expanded school year schedule for all students in a 

17 high-need school, to provide additional time for— 

18 ‘‘(A) instruction in core academic subjects; 

19 ‘‘(B) instruction in additional subjects and 

20 enrichment activities; and 

21 ‘‘(C) teachers and staff to collaborate, 

22 plan, and engage in professional development 

23 within and across grades and subjects.’’; and 

24 (B) in subsection (b)— 

25 (i) in paragraph (1)— 


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1 (I) in the matter preceding sub2 paragraph (A), by striking ‘‘that—’’ 

3 and inserting ‘‘that provides 1 or 

4 more of the following:’’; 

5 (II) in subparagraph (A)— 

6 (aa) by striking ‘‘assists’’ 

7 and inserting ‘‘Before school, 

8 after school, or summer learning 

9 programs that assist’’; 

10 (bb) by striking ‘‘(such as 

11 before and after school or during 

12 summer recess)’’ after ‘‘not in 

13 session’’; and 

14 (cc) by striking ‘‘; and’’ and 

15 inserting a period; and 

16 (III) by striking subparagraph 

17 (B) and inserting the following: 

18 ‘‘(B) Expanded learning time programs 

19 that significantly increase the total number of 

20 hours in a regular school day, week, or year, in 

21 order to provide students with the greatest aca22 demic needs with— 

23 ‘‘(i) additional time to participate in 

24 academic activities that— 


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1 ‘‘(I) are aligned with the instruc2 tion that such students receive during 

3 the regular school day; and 

4 ‘‘(II) are targeted to the aca5 demic needs of such students; and 

6 ‘‘(ii) time to engage in enrichment 

7 and other activities that complement the 

8 academic program and contribute to a 

9 well-rounded education, which may include 

10 music and the arts, physical education, and 

11 experiential and work-based learning op12 portunities. 

13 ‘‘(C) Expanded learning time initiatives 

14 that use an expanded school day, expanded 

15 school week, or expanded school year schedule 

16 to increase the total number of school hours for 

17 the school year at a high-need school by not less 

18 than 300 hours and redesign the school’s pro19 gram in a manner that includes additional 

20 time— 

21 ‘‘(i) for academic work, and to sup22 port innovation in teaching, in order to im23 prove the proficiency of participating stu24 dents, particularly struggling students, in 

25 core academic subjects; 


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1 ‘‘(ii) to advance student learning for 

2 all students in all grades; 

3 ‘‘(iii) for additional subjects and en4 richment activities that contribute to a 

5 well-rounded education, which may include 

6 music and the arts, physical education, and 

7 experiential and work-based learning op8 portunities; and 

9 ‘‘(iv) for teachers to engage in collabo10 ration and professional planning, within 

11 and across grades and subjects.’’; 

12 (ii) by striking paragraphs (2) and (3) 

13 and inserting the following: 

14 ‘‘(2) ELIGIBLE ENTITY.— 

15 ‘‘(A) IN GENERAL.—The term ‘eligible en16 tity’ means a partnership of— 

17 ‘‘(i) 1 or more high-need local edu18 cational agencies in partnership with 1 or 

19 more nonprofit organizations with a dem20 onstrated record of success in designing 

21 and implementing before school, after 

22 school, summer learning, or expanded 

23 learning time activities; or 

24 ‘‘(ii) 1 or more nonprofit organiza25 tions with a demonstrated record of sucVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00584 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 cess in designing and implementing before 

2 school, after school, summer learning, or 

3 expanded learning time activities, in part4 nership with 1 or more high-need local 

5 educational agencies. 

6 ‘‘(B) SPECIAL RULE.—A State educational 

7 agency shall deem a rural local educational 

8 agency applying for a grant under section 4504 

9 without a partnering public or nonprofit entity 

10 to be an eligible entity if the rural local edu11 cational agency demonstrates that such agency 

12 is unable to partner with a public or nonprofit 

13 organization in reasonable geographic proximity 

14 or of sufficient quality to meet the requirements 

15 of this part.’’; and 

16 (iii) by redesignating paragraph (4) as 

17 paragraph (3); 

18 (2) in section 4502, as redesignated by section 

19 4103(a) of this Act— 

20 (A) in subsection (a)— 

21 (i) by striking ‘‘under section 4206’’ 

22 and inserting ‘‘to carry out this part’’; 

23 (ii) by striking paragraph (1); 


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1 (iii) by redesignating paragraphs (2) 

2 and (3) as paragraphs (1) and (2), respec3 tively; and 

4 (iv) in paragraph (2), as redesignated 

5 by clause (iii), by striking ‘‘Bureau of In6 dian Affairs’’ and inserting ‘‘Bureau of In7 dian Education’’; 

8 (B) in subsection (b)(1), by striking 

9 ‘‘under section 4206’’ and inserting ‘‘to carry 

10 out this part’’; and 

11 (C) in subsection (c)— 

12 (i) in paragraph (1), by striking 

13 ‘‘4204’’ and inserting ‘‘4504’’; 

14 (ii) in paragraph (2)— 

15 (I) in subparagraph (B)— 

16 (aa) by striking ‘‘responsible 

17 for administering youth develop18 ment programs and adult learn19 ing activities’’ and inserting ‘‘as 

20 applicable’’; and 

21 (bb) by striking ‘‘4204(b)’’ 

22 and inserting ‘‘4504(b)’’; and 

23 (II) by striking the undesignated 

24 matter following subparagraph (B) 

25 and inserting the following: 


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1 ‘‘(C) supervising the awarding of funds to 

2 eligible entities (in consultation with the Gov3 ernor and other State agencies responsible for 

4 administering youth development programs and 

5 adult learning activities).’’; and 

6 (iii) in paragraph (3)— 

7 (I) in subparagraph (A)— 

8 (aa) by inserting ‘‘com9 prehensive’’ after ‘‘Monitoring 

10 and’’; and 

11 (bb) by inserting ‘‘(directly, 

12 or through a grant or contract) 

13 of the effectiveness’’ after ‘‘eval14 uation’’; 

15 (II) by striking subparagraph (B) 

16 and inserting the following: 

17 ‘‘(B) Providing capacity building, training, 

18 professional development, and technical assist19 ance under this part to eligible entities, relating 

20 to activities such as— 

21 ‘‘(i) coordinating activities carried out 

22 under this part with other Federal, State, 

23 and local programs so as to implement 

24 high-quality programs; and 


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1 ‘‘(ii) aligning activities carried out 

2 under this part with State academic con3 tent standards.’’; and 

4 (III) by striking subparagraphs 

5 (C) and (D); 

6 (3) in section 4503(a), as redesignated by sec7 tion 4103(a) of this Act— 

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

9 by striking ‘‘4202’’ and inserting ‘‘4502’’; 

10 (B) in paragraph (3), by striking ‘‘serve— 

11 ’’ through ‘‘subparagraph (A)’’ and inserting 

12 ‘‘serve students who primarily attend high-need 

13 schools and schools that are identified through 

14 a State’s accountability and improvement sys15 tem under subsection (b) or (c)(2) of section 

16 1116’’; 

17 (C) in paragraph (4)— 

18 (i) by inserting ‘‘the State’s rigorous, 

19 high-quality competition for grants under 

20 section 4204, including’’ after ‘‘describes’’; 

21 and 

22 (ii) by striking ‘‘, which shall include’’ 

23 through ‘‘standards’’; 

24 (D) by striking paragraph (5) and insert25 ing the following: 


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1 ‘‘(5) describes how the State educational agency 

2 will ensure that awards made under this part are of 

3 sufficient size and scope to support high-quality, ef4 fective programs that are consistent with the pur5 pose of this part;’’; 

6 (E) by striking paragraph (7) and insert7 ing the following: 

8 ‘‘(7) describes how the State educational agency 

9 will assist eligible entities in coordinating funds re10 ceived through the grant with other funding 

11 streams, in order to support a coherent and sustain12 able approach to funding and implementing pro13 grams and activities under this part and other pro14 grams under this Act;’’; 

15 (F) in paragraph (8)(A), by striking ‘‘not 

16 less than 3 years and not more than 5 years’’ 

17 and inserting ‘‘not more than 3 years, and may 

18 extend a grant for an additional period of not 

19 more than 2 years if the eligible entity is 

20 achieving the intended outcomes of the grant’’; 

21 (G) in paragraph (10)— 

22 (i) by inserting ‘‘, if any,’’ after 

23 ‘‘transportation needs’’; and 

24 (ii) by striking ‘‘4204(b)’’ and insert25 ing ‘‘4504(b)’’; 


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1 (H) in paragraph (11), by striking ‘‘before 

2 and after school (or summer school) programs, 

3 the heads of the State health and mental health 

4 agencies or their designees,’’ and inserting ‘‘be5 fore school, after school, summer learning, and 

6 expanded learning time programs and initia7 tives,’’; 

8 (I) in paragraph (12), by striking ‘‘before 

9 and after school’’ and inserting ‘‘before school, 

10 after school, summer learning, and expanded 

11 learning time’’; 

12 (J) in paragraph (13)— 

13 (i) in the matter preceding subpara14 graph (A), by inserting ‘‘, on a regular 

15 basis, and not less than every 3 years after 

16 the receipt of the grant’’ after ‘‘will evalu17 ate’’; 

18 (ii) by striking subparagraph (A) and 

19 inserting the following: 

20 ‘‘(A) a description of the benchmarks and 

21 performance goals that will be used to hold eli22 gible entities accountable and to determine 

23 whether to provide eligible entities receiving a 

24 grant under section 4504 with an additional 2- 


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1 year period of grant funding after the initial 3- 

2 year grant; and’’; and 

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

4 ‘‘and’’ after the semicolon; 

5 (K) in paragraph (14), by striking the pe6 riod at the end and inserting ‘‘; and’’; and 

7 (L) by adding at the end the following: 

8 ‘‘(15) contains an assurance that each eligible 

9 entity that applies for an award under section 4504 

10 shall have the flexibility to apply for funds to carry 

11 out programs described in subparagraph (A), (B), or 

12 (C) of section 4501(b)(1).’’; 

13 (4) in section 4504, as redesignated by section 

14 4103(a) of this Act— 

15 (A) in subsection (a), by striking 

16 ‘‘4202(c)(1)’’ and inserting ‘‘4502(c)(1)’’; 

17 (B) in subsection (b)(2)— 

18 (i) by striking subparagraph (A) and 

19 inserting the following: 

20 ‘‘(A) a description of the before school, 

21 after school, summer learning, or expanded 

22 learning time activities to be funded, includ23 ing— 


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1 ‘‘(i) evidence that research-based 

2 strategies for student achievement and en3 gagement will be utilized in the program; 

4 ‘‘(ii) as applicable, an explanation of 

5 how the program will offer students— 

6 ‘‘(I) academic instruction that is 

7 aligned with the academic needs of 

8 the students; and 

9 ‘‘(II) engaging enrichment activi10 ties that are aligned with the develop11 mental needs and interests of the stu12 dents, and that contribute to a well13 rounded education; 

14 ‘‘(iii) an assurance that the program 

15 will take place in a safe learning environ16 ment and an easily accessible facility; 

17 ‘‘(iv) if applicable, a description of 

18 how students participating in the program 

19 will travel safely to and from home; and 

20 ‘‘(v) a description of how the eligible 

21 entity will disseminate information about 

22 the program to the community in a man23 ner that is understandable and acces24 sible;’’; 

25 (ii) in subparagraph (B)— 


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1 (I) by striking ‘‘activity’’ and in2 serting ‘‘program’’; and 

3 (II) by adding at the end ‘‘and 

4 help keep students on track to college 

5 and career readiness’’; 

6 (iii) by striking subparagraphs (L) 

7 and (M); 

8 (iv) by striking subparagraph (E) and 

9 inserting the following: 

10 ‘‘(E) as applicable, an explanation of how 

11 the program will offer students— 

12 ‘‘(i) academic instruction that is 

13 aligned with the academic needs of the stu14 dents; and 

15 ‘‘(ii) engaging enrichment activities 

16 that are aligned with the developmental 

17 needs and interests of the students, and 

18 that contribute to a well-rounded edu19 cation;’’; 

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

21 ‘‘schools eligible’’ and all that follows 

22 through ‘‘such students’’ and inserting 

23 ‘‘high-need schools and schools that are 

24 identified through a State’s accountability 


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1 and improvement system under subsections 

2 (b) or (c)(2) of section 1116’’; 

3 (vi) by striking subparagraph (H) and 

4 inserting the following: 

5 ‘‘(H) a description of the capacity of the 

6 eligible entity partners described in section 

7 4501(b)(2)(A)(ii) to successfully implement the 

8 program, including the quality and experience 

9 of the management team of such partners;’’; 

10 (vii) in subparagraph (I)— 

11 (I) by striking ‘‘in the center’’; 

12 and 

13 (II) by striking ‘‘(including the 

14 needs of working families)’’; 

15 (viii) by striking subparagraph (J) 

16 and inserting the following: 

17 ‘‘(J) a description of the education and 

18 training activities that program staff and teach19 ers, as applicable, have received or will receive 

20 to effectively administer the proposed pro21 gram;’’; and 

22 (ix) by redesignating subparagraph 

23 (N) as subparagraph (L); 

24 (C) by striking subsections (d) and (h) and 

25 redesignating subsections (e) through (g) and 


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1 (i) as subsections (d) through (f) and (g), re2 spectively; 

3 (D) in subsection (f), as redesignated by 

4 subparagraph (C), by striking ‘‘not less than 3 

5 years and not more than 5 years’’ and inserting 

6 ‘‘not more than 3 years, and may be extended 

7 for an additional period of not more than 2 

8 years, if an eligible entity is achieving the in9 tended outcomes of the grant’’; 

10 (E) by striking subsection (g), as redesig11 nated by subparagraph (C), and inserting the 

12 following: 

13 ‘‘(g) PRIORITY.— 

14 ‘‘(1) IN GENERAL.—In awarding grants under 

15 this part, a State educational agency shall give pri16 ority to high-quality applications that— 

17 ‘‘(A) are based on strong research evidence 

18 for improving student learning, as measured by 

19 student achievement and other measures of stu20 dent learning and development that are appro21 priate for, and aligned to, the program’s goals 

22 and design; 

23 ‘‘(B) propose to serve the highest percent24 age of students from low-income families; 


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1 ‘‘(C) include a partnership agreement, 

2 signed by each partner of the eligible entity, 

3 that— 

4 ‘‘(i) shows that the staff of each part5 ner are committed to work collaboratively 

6 to implement the proposed activities, in7 cluding through coordinated planning, col8 laborative implementation, and joint pro9 fessional development and training oppor10 tunities; 

11 ‘‘(ii) sets clear expectations, including 

12 measurable goals for each partner; 

13 ‘‘(iii) requires the collection and re14 porting of data about the outcomes of pro15 grams funded under this part, in order to 

16 monitor progress toward achieving such 

17 goals and inform implementation; and 

18 ‘‘(iv) specifies how student informa19 tion will be shared to advance the goals of 

20 the proposed program and activities, in21 cluding student academic achievement and 

22 engagement data, as appropriate and in 

23 accordance with Federal, State, and local 

24 laws; and 


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1 ‘‘(D) are submitted by eligible entities that 

2 will provide matching funds to carry out the ac3 tivities supported by the grant, as described in 

4 paragraph (2). 

5 ‘‘(2) MATCHING FUNDS.— 

6 ‘‘(A) AMOUNT OF MATCHING FUNDS.—In 

7 awarding grants under this section, a State 

8 educational agency shall give priority to applica9 tions from eligible entities that, in addition to 

10 meeting the requirements of paragraph (1), 

11 provide matching funds in an amount not less 

12 than— 

13 ‘‘(i) for the first year of an initial 

14 grant under this section, 10 percent of the 

15 cost of the activities; 

16 ‘‘(ii) for the second year of such 

17 grant, 20 percent of the cost of the activi18 ties; 

19 ‘‘(iii) for the third year of such grant, 

20 and for the first year of a subsequent 

21 grant under this section, 30 percent of the 

22 cost of the activities; and 

23 ‘‘(iv) for the second or any succeeding 

24 year of such subsequent grant, 40 percent 

25 of the cost of the activities. 


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1 ‘‘(B) CASH OR IN-KIND.—The eligible enti2 ty may provide the matching funds described in 

3 subparagraph (A) in cash or in-kind, fairly eval4 uated, including plant, equipment, or services, 

5 but may not provide more than 50 percent of 

6 the matching funds in-kind. 

7 ‘‘(C) WAIVER.—A State educational agen8 cy may waive all or part of the matching re9 quirement for priority described in this para10 graph, on a case-by-case basis, upon a showing 

11 of serious financial hardship.’’; and 

12 (F) by adding at the end the following: 

13 ‘‘(h) SPECIAL RULE.—In implementing 21st Century 

14 Community Learning Centers, the Department shall not 

15 give priority to, show preference for, or provide direction 

16 about whether communities use 21st Century Community 

17 Learning Centers funds for eligible entities described in 

18 subparagraph (A), (B), or (C) of section 4501(b)(1).’’; 

19 (5) in section 4505, as redesignated by section 

20 4103(a) of this Act— 

21 (A) in subsection (a)— 

22 (i) in the matter preceding paragraph 

23 (1), by striking ‘‘before and after school 

24 activities (including during summer recess 

25 periods)’’ and inserting ‘‘before school, 


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1 after school, summer learning, or expanded 

2 learning time activities’’; 

3 (ii) by redesignating paragraphs (1) 

4 through (12) as paragraphs (2) through 

5 (13), respectively; 

6 (iii) by inserting before paragraph (2), 

7 as redesignated by clause (ii), the fol8 lowing: 

9 ‘‘(1) high-quality expanded learning time pro10 grams or initiatives;’’; 

11 (iv) in paragraph (6), as redesignated 

12 by clause (ii), by striking ‘‘(including those 

13 provided by senior citizen volunteers)’’; and 

14 (v) in paragraph (7), as redesignated 

15 by clause (ii), by striking ‘‘limited English 

16 proficient students’’ and inserting ‘‘English 

17 learners’’; and 

18 (B) by striking subsection (b) and insert19 ing the following: 

20 ‘‘(b) PERFORMANCE INDICATORS.—Each State edu21 cational agency that receives a grant under this part shall 

22 collect, and annually report to the Secretary, information 

23 on the following performance indicators, disaggregated, as 

24 appropriate, by the subgroups described in section 

25 1111(a)(2)(B)(ix): 


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1 ‘‘(1) The average time added to the school day, 

2 school week, or school year, if applicable. 

3 ‘‘(2) Student participation and attendance rates 

4 for the programs funded under this part. 

5 ‘‘(3) Student achievement in core academic sub6 jects and high school graduation rates, as applicable, 

7 for students who participate in such programs.’’. 

8 SEC. 4107. PROMISE NEIGHBORHOODS. 

9 Title IV (20 U.S.C. 7101 et seq.) is amended by in10 serting after part E, as redesignated by section 4103(a) 

11 of this Act, the following: 

12 ‘‘PART F—PROMISE NEIGHBORHOODS 

13 ‘‘SEC. 4601. SHORT TITLE. 

14 ‘‘This part may be cited as the ‘Promise Neighbor15 hoods Act of 2011’. 

16 ‘‘SEC. 4602. PURPOSE. 

17 ‘‘The purpose of this part is to significantly improve 

18 academic outcomes, including school readiness, high school 

19 graduation, and college and career readiness of children 

20 living in our Nation’s most distressed neighborhoods, by 

21 using data-driven decisionmaking and existing external re22 sources to provide children in such neighborhoods with ac23 cess to a community-based continuum of high-quality pipe24 line services that include access to early learning opportu25 nities, high-quality schools, and evidence-based practices 


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1 that address the needs of such children from birth through 

2 college and career. 

3 ‘‘SEC. 4603. DEFINITIONS. 

4 ‘‘In this part: 

5 ‘‘(1) COLLEGE AND CAREER READINESS.—The 

6 term ‘college and career readiness’ means the level 

7 of preparation a student needs in order to meet the 

8 State academic content and achievement standards 

9 under section 1111(a)(1). 

10 ‘‘(2) COMMUNITY OF PRACTICE.—The term 

11 ‘community of practice’ means a group of entities 

12 that interact regularly to share best practices to ad13 dress 1 or more persistent problems, or improve 

14 practice with respect to such problems, in 1 or more 

15 neighborhoods. 

16 ‘‘(3) EXPANDED LEARNING TIME.—The term 

17 ‘expanded learning time’ means the activities and 

18 programs described in subparagraphs (A), (B), and 

19 (C) of section 4501(b)(1). 

20 ‘‘(4) FAMILY AND STUDENT SUPPORTS.—The 

21 term ‘family and student supports’ includes— 

22 ‘‘(A) health programs (including both men23 tal health and physical health services); 

24 ‘‘(B) school-, public-, and child-safety pro25 grams; 


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1 ‘‘(C) programs that improve family sta2 bility; 

3 ‘‘(D) workforce development programs (in4 cluding those that meet local business needs, 

5 such as internships and externships); 

6 ‘‘(E) social service programs; 

7 ‘‘(F) legal aid programs; 

8 ‘‘(G) financial literacy education programs; 

9 ‘‘(H) adult education and family literacy 

10 programs; 

11 ‘‘(I) parent, family, and community en12 gagement programs; and 

13 ‘‘(J) programs that increase access to 

14 learning technology and enhance the digital lit15 eracy skills of students. 

16 ‘‘(5) INTEGRATED STUDENT SUPPORTS.—The 

17 term ‘integrated student supports’ means services, 

18 supports, and community resources, which shall be 

19 offered through a site coordinator for at-risk stu20 dents, that have been shown by evidence-based re21 search— 

22 ‘‘(A) to increase academic achievement and 

23 engagement; 

24 ‘‘(B) to support positive child and youth 

25 development; and 


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1 ‘‘(C) to increase student preparedness for 

2 success in college and the workforce. 

3 ‘‘(6) NEIGHBORHOOD.—The term ‘neighbor4 hood’ means a defined geographical area in which 

5 there are multiple signs of distress, demonstrated by 

6 indicators of need, including poverty, childhood obe7 sity rates, academic failure, and rates of juvenile de8 linquency, adjudication, or incarceration. 

9 ‘‘(7) PIPELINE SERVICES.—The term ‘pipeline 

10 services’ means a continuum of supports and serv11 ices for children from birth through college entry, 

12 college success, and career attainment, including, at 

13 a minimum, strategies to address through services or 

14 programs (including integrated student supports and 

15 wraparound services) the following: 

16 ‘‘(A) Prenatal education and support for 

17 expectant parents. 

18 ‘‘(B) High-quality early learning opportu19 nities. 

20 ‘‘(C) High-quality schools and out-of21 school-time programs and strategies. 

22 ‘‘(D) Support for a child’s transition to el23 ementary school, between elementary school to 

24 middle school, from middle school to high 


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1 school, and from high school into and through 

2 college and into the workforce. 

3 ‘‘(E) Parent, family, and community en4 gagement. 

5 ‘‘(F) Parent, family, and student supports. 

6 ‘‘(G) Activities that support college and ca7 reer readiness, including coordination between 

8 such activities, such as— 

9 ‘‘(i) assistance with college admis10 sions, financial aid, and scholarship appli11 cations, especially for low-income and low12 achieving students; and 

13 ‘‘(ii) career preparation services and 

14 supports and wrap around services. 

15 ‘‘Subpart 1—Promise Neighborhood Partnership 

16 Grants 

17 ‘‘SEC. 4611. PROGRAM AUTHORIZED. 

18 ‘‘(a) IN GENERAL.— 

19 ‘‘(1) PROGRAM AUTHORIZED.—From amounts 

20 appropriated to carry out this subpart, the Secretary 

21 shall award grants, on a competitive basis, to eligible 

22 entities to implement a comprehensive, evidence23 based continuum of coordinated services and sup24 ports that engages community partners to improve 

25 academic achievement, student development, and colVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00604 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 lege and career readiness, measured by common out2 comes, by carrying out the activities described in 

3 section 4614 in neighborhoods with high concentra4 tions of low-income individuals and persistently low5 achieving schools or schools with an achievement 

6 gap. 

7 ‘‘(2) SUFFICIENT SIZE AND SCOPE.—Each 

8 grant awarded under this subpart shall be of suffi9 cient size and scope to allow the eligible entity to 

10 carry out the purpose of this part. 

11 ‘‘(b) DURATION.—Grants awarded under this sub12 part shall be for a period of not more than 5 years and 

13 may be renewed for not more than 1 additional grant pe14 riod. 

15 ‘‘(c) CONTINUED FUNDING.—Continued funding 

16 after the third year of the grant period shall be contingent 

17 on the eligible entity’s progress toward meeting the per18 formance metrics described in section 4616(a). 

19 ‘‘(d) MATCHING REQUIREMENT.—Each eligible enti20 ty receiving a grant under this subpart shall contribute 

21 matching funds in an amount equal to not less than 100 

22 percent of the amount of the grant. Such matching funds 

23 shall come from non-Federal sources. The Secretary shall 

24 require that a portion of such matching funds come from 

25 private sources. 


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1 ‘‘(e) FINANCIAL HARDSHIP WAIVER.—The Secretary 

2 may waive or reduce, on a case-by-case basis, the matching 

3 requirement described in subsection (d), for a period of 

4 1 year at a time, if the eligible entity demonstrates signifi5 cant financial hardship. 

6 ‘‘SEC. 4612. ELIGIBLE ENTITIES. 

7 ‘‘In this subpart, the term ‘eligible entity’ means not 

8 less than 1 nonprofit entity in partnership with not less 

9 than 1 high-need local educational agency. Such partner10 ship may also include any of the following entities: 

11 ‘‘(1) A charter school funded by the Bureau of 

12 Indian Education that is not a local educational 

13 agency, except that such school shall not be the fis14 cal agent for the eligible entity partnership. 

15 ‘‘(2) An institution of higher education, as de16 fined in section 102 of the Higher Education Act of 

17 1965 (20 U.S.C. 1002). 

18 ‘‘(3) The office of a chief elected official of a 

19 unit of local government. 

20 ‘‘(4) An Indian tribe or tribal organization, as 

21 defined under section 4 of the Indian Self-Deter22 mination and Education Assistance Act (25 U.S.C. 

23 450b). 


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1 ‘‘SEC. 4613. APPLICATION REQUIREMENTS. 

2 ‘‘(a) IN GENERAL.—To be eligible to receive a grant 

3 under this subpart, an eligible entity shall submit an appli4 cation to the Secretary at such time, in such manner, and 

5 containing such information as the Secretary may require. 

6 ‘‘(b) CONTENTS OF APPLICATION.—At a minimum, 

7 an application described in subsection (a) shall include the 

8 following: 

9 ‘‘(1) A plan to significantly improve the aca10 demic outcomes of children living in a neighborhood 

11 that is served by the eligible entity, by providing a 

12 continuum of services and supports that addresses 

13 the needs of children in the neighborhood, as identi14 fied by the needs analysis described in paragraph (4) 

15 and supported by evidence-based practices. 

16 ‘‘(2) A description of the neighborhood that the 

17 eligible entity will serve. 

18 ‘‘(3) Measurable annual goals for the outcomes 

19 of the grant, including— 

20 ‘‘(A) performance goals, in accordance with 

21 the metrics described in section 4616(a), for 

22 each year of the grant; and 

23 ‘‘(B) projected participation rates and any 

24 plans to expand the number of children served 

25 or the neighborhood proposed to be served by 

26 the grant program. 


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1 ‘‘(4) An analysis of the needs and assets of the 

2 neighborhood identified in paragraph (2), includ3 ing— 

4 ‘‘(A) a description of the process through 

5 which the needs analysis was produced, includ6 ing a description of how parents, family, and 

7 community members were engaged in such 

8 analysis; 

9 ‘‘(B) an analysis of community assets, in10 cluding programs already provided from Fed11 eral and non-Federal sources, within, or acces12 sible to, the neighborhood, including, at a min13 imum— 

14 ‘‘(i) early learning programs, includ15 ing high-quality child care, Early Head 

16 Start programs, Head Start programs, and 

17 prekindergarten programs; 

18 ‘‘(ii) the availability of healthy food 

19 options and opportunities for physical ac20 tivity; 

21 ‘‘(iii) existing family and student sup22 ports; 

23 ‘‘(iv) locally owned businesses and em24 ployers; and 

25 ‘‘(v) institutions of higher education; 


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1 ‘‘(C) evidence of successful collaboration 

2 within the neighborhood; 

3 ‘‘(D) the steps that the eligible entity is 

4 taking, at the time of the application, to ad5 dress the needs identified in the needs analysis; 

6 and 

7 ‘‘(E) any barriers the eligible entity, public 

8 agencies, and other community-based organiza9 tions have faced in meeting such needs. 

10 ‘‘(5) A description of the data used to identify 

11 the pipeline services to be provided, including data 

12 regarding— 

13 ‘‘(A) school readiness; 

14 ‘‘(B) academic achievement and college 

15 and career readiness; 

16 ‘‘(C) graduation rates; 

17 ‘‘(D) health indicators; 

18 ‘‘(E) college enrollment, persistence, and 

19 completion rates, as available; and 

20 ‘‘(F) conditions for learning, including 

21 school climate surveys, discipline rates, and stu22 dent attendance and incident data. 

23 ‘‘(6) A description of the process used to de24 velop the application, including the involvement of 

25 family and community members. 


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1 ‘‘(7) An estimate of— 

2 ‘‘(A) the number of children, by age, who 

3 will be served by each pipeline service; and 

4 ‘‘(B) for each age group, the percentage of 

5 children (of such age group), within the neigh6 borhood, who the eligible entity proposes to 

7 serve, disaggregated by each service, and the 

8 goals for increasing such percentage over time. 

9 ‘‘(8) A description of how the pipeline services 

10 will facilitate the coordination of the following activi11 ties: 

12 ‘‘(A) Providing high-quality early learning 

13 opportunities for children, beginning prenatally 

14 and extending through grade 3, by— 

15 ‘‘(i) supporting high-quality early 

16 learning opportunities that provide chil17 dren with access to programs that support 

18 the cognitive and developmental skills, in19 cluding social and emotional skills, needed 

20 for success in elementary school; 

21 ‘‘(ii) providing for opportunities, 

22 through parenting classes, baby academies, 

23 home visits, or other evidence-based strate24 gies, for families and expectant parents 

25 to— 


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1 ‘‘(I) acquire the skills to promote 

2 early learning, development, and 

3 health and safety, including learning 

4 about child development and positive 

5 discipline strategies (such as through 

6 the use of technology and public 

7 media programming); 

8 ‘‘(II) learn about the role of fam9 ilies and expectant parents in their 

10 child’s education; and 

11 ‘‘(III) become informed about 

12 educational opportunities for their 

13 children, including differences in qual14 ity among early learning opportuni15 ties; 

16 ‘‘(iii) ensuring successful transitions 

17 between early learning programs and ele18 mentary school, including through the es19 tablishment of memoranda of under20 standing between early learning providers 

21 and local educational agencies serving 

22 young children and families; 

23 ‘‘(iv) ensuring appropriate screening, 

24 diagnostic assessments, and referrals for 

25 children with disabilities, developmental 


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1 delays, or other special needs, consistent 

2 with the Individuals with Disabilities Edu3 cation Act (20 U.S.C. 1400 et seq.), where 

4 applicable; 

5 ‘‘(v) improving the early learning 

6 workforce in the community, including 

7 through— 

8 ‘‘(I) investments in the recruit9 ment, retention, distribution, and sup10 port of high-quality professionals, es11 pecially those with certification and 

12 experience in child development; 

13 ‘‘(II) the provision of high-quality 

14 teacher preparation and professional 

15 development; or 

16 ‘‘(III) the use of joint profes17 sional development for early learning 

18 providers and elementary school 

19 teachers and administrators; and 

20 ‘‘(vi) enhancing data systems and 

21 data sharing among the eligible entity, 

22 partners, early learning providers, schools, 

23 and local educational agencies operating in 

24 the neighborhood. 


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1 ‘‘(B) Supporting, enhancing, operating, or 

2 expanding rigorous and comprehensive edu3 cation reforms designed to significantly improve 

4 educational outcomes for children and youth in 

5 early learning programs through grade 12, 

6 which may include— 

7 ‘‘(i) operating schools or working in 

8 close collaboration with local schools to 

9 provide high-quality academic programs, 

10 curricula, and integrated student supports; 

11 ‘‘(ii) providing expanded learning 

12 time; and 

13 ‘‘(iii) providing programs and activi14 ties that ensure that students— 

15 ‘‘(I) are prepared for the college 

16 admissions, scholarship, and financial 

17 aid application processes; and 

18 ‘‘(II) graduate college and career 

19 ready. 

20 ‘‘(C) Supporting access to a healthy life21 style, which may include— 

22 ‘‘(i) the provision of high-quality and 

23 nutritious meals; 


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1 ‘‘(ii) access to programs that promote 

2 physical activity, physical education, and 

3 fitness; and 

4 ‘‘(iii) education to promote a healthy 

5 lifestyle and positive body image. 

6 ‘‘(D) Providing social, health, and mental 

7 health services and supports, including referrals 

8 for essential care and preventative screenings, 

9 for children, family, and community members, 

10 which may include— 

11 ‘‘(i) dental services; 

12 ‘‘(ii) vision care; and 

13 ‘‘(iii) speech, language, and auditory 

14 screenings and referrals. 

15 ‘‘(E) Supporting students and family mem16 bers as the students transition from early learn17 ing programs into elementary school, from ele18 mentary school to middle school, from middle 

19 school to high school, from high school into and 

20 through college and into the workforce, includ21 ing through evidence-based strategies to ad22 dress challenges that students may face as they 

23 transition, such as the following: 

24 ‘‘(i) Early college high schools. 

25 ‘‘(ii) Dual enrollment programs. 


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1 ‘‘(iii) Career academies. 

2 ‘‘(iv) Counseling and support services. 

3 ‘‘(v) Dropout prevention and recovery 

4 strategies. 

5 ‘‘(vi) Collaboration with the juvenile 

6 justice system and reentry counseling for 

7 adjudicated youth. 

8 ‘‘(vii) Advanced Placement or Inter9 national Baccalaureate courses. 

10 ‘‘(viii) Teen parent classrooms. 

11 ‘‘(ix) Graduation and career coaches. 

12 ‘‘(9) A description of the strategies that will be 

13 used to provide pipeline services (including a de14 scription of the process used to identify such strate15 gies and the outcomes expected and a description of 

16 which programs and services will be provided to chil17 dren, family members, community members, and 

18 children not attending schools or programs operated 

19 by the eligible entity or its partner providers) to sup20 port the purpose of this part. 

21 ‘‘(10) An explanation of the process the eligible 

22 entity will use to establish and maintain family and 

23 community engagement. 


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1 ‘‘(11) An explanation of how the eligible entity 

2 will continuously evaluate and improve the con3 tinuum of high-quality pipeline services, including— 

4 ‘‘(A) a description of the metrics, con5 sistent with section 4616(a), that will be used 

6 to inform each component of the pipeline; and 

7 ‘‘(B) the processes for using data to im8 prove instruction, optimize integrated student 

9 supports, provide for continuous program im10 provement, and hold staff and partner organiza11 tions accountable. 

12 ‘‘(12) An identification of the fiscal agent, 

13 which may be any entity described in section 4612 

14 (not including paragraph (1) of such section). 

15 ‘‘(13) A list of the non-Federal sources of fund16 ing that the eligible entity will secure to comply with 

17 the matching funds requirement described in section 

18 4611(d), in addition to other programs from which 

19 the eligible entity has already secured funding, in20 cluding those funded by the Department or pro21 grams in the Department of Health and Human 

22 Services, the Department of Housing and Urban De23 velopment, the Department of Justice, or the De24 partment of Labor. 


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1 ‘‘(c) MEMORANDUM OF UNDERSTANDING.—An eligi2 ble entity, as part of the application described in this sec3 tion, shall submit a preliminary memorandum of under4 standing, signed by each partner entity or agency. The 

5 preliminary memorandum of understanding shall describe, 

6 at a minimum— 

7 ‘‘(1) each partner’s financial and programmatic 

8 commitment with respect to the strategies described 

9 in the application, including an identification of the 

10 fiscal agent; 

11 ‘‘(2) each partner’s long-term commitment to 

12 providing pipeline services that, at a minimum, ac13 counts for the cost of supporting the continuum of 

14 supports and services (including a plan for how to 

15 support services and activities after grant funds are 

16 no longer available) and potential changes in local 

17 government; 

18 ‘‘(3) each partner’s mission and the plan that 

19 will govern the work that the partners do together; 

20 ‘‘(4) each partner’s long-term commitment to 

21 supporting the continuum of supports and services 

22 through data collection, monitoring, reporting, and 

23 sharing; and 


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1 ‘‘(5) each partner’s commitment to ensure 

2 sound fiscal management and controls, including evi3 dence of a system of supports and personnel. 

4 ‘‘SEC. 4614. USE OF FUNDS. 

5 ‘‘(a) IN GENERAL.—Each eligible entity that receives 

6 a grant under this subpart shall use the grant funds to— 

7 ‘‘(1) implement the pipeline services, as de8 scribed in the application under section 4613; and 

9 ‘‘(2) continuously evaluate the success of the 

10 program and improve the program based on data 

11 and outcomes. 

12 ‘‘(b) SPECIAL RULES.— 

13 ‘‘(1) FUNDS FOR PIPELINE SERVICES.—Each 

14 eligible entity that receives a grant under this sub15 part shall, in the second year of the grant and each 

16 subsequent year, including each year of a renewal 

17 grant, use not less than 80 percent of grant funds 

18 to carry out the activities described in subsection 

19 (a)(1). 

20 ‘‘(2) OPERATIONAL FLEXIBILITY.—Each eligi21 ble entity that operates a school in a neighborhood 

22 served by a grant program under this subpart shall 

23 provide such school with the operational flexibility, 

24 including autonomy over staff, time, and budget, 


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1 needed to effectively carry out the activities de2 scribed in the application under section 4613. 

3 ‘‘SEC. 4615. REPORT AND PUBLICLY AVAILABLE DATA. 

4 ‘‘(a) REPORT.—Each eligible entity that receives a 

5 grant under this subpart shall prepare and submit an an6 nual report to the Secretary, which shall include— 

7 ‘‘(1) information about the number and per8 centage of children in the neighborhood who are 

9 served by the grant program, including a description 

10 of the number and percentage of children accessing 

11 each of the pipeline services; 

12 ‘‘(2) data (disaggregated by the categories de13 scribed in section 1111(a)(2)(B)(ix)) about the grant 

14 program’s success in— 

15 ‘‘(A) narrowing achievement gaps and im16 proving student achievement; 

17 ‘‘(B) ensuring school readiness and healthy 

18 socio-emotional development; 

19 ‘‘(C) increasing student persistence; 

20 ‘‘(D) increasing student attendance, and 

21 decreasing incidences of violence, suspension, 

22 and expulsion; 

23 ‘‘(E) improving conditions for learning, as 

24 measured by a school climate survey; and 


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1 ‘‘(F) increasing secondary school gradua2 tion rates and college entry; 

3 ‘‘(3) information relating to the performance 

4 metrics described in section 4616(a); and 

5 ‘‘(4) other indicators that may be required by 

6 the Secretary, in consultation with the Director of 

7 the Institute of Education Sciences. 

8 ‘‘(b) PUBLICLY AVAILABLE DATA.—Each eligible en9 tity that receives a grant under this subpart shall make 

10 publicly available, including through electronic means, the 

11 information described in subsection (a). To the extent 

12 practicable, such information shall be provided in a form 

13 and language accessible to parents and families in the 

14 neighborhood, and such information shall be a part of 

15 statewide longitudinal data systems. 

16 ‘‘SEC. 4616. ACCOUNTABILITY. 

17 ‘‘(a) PERFORMANCE METRICS.—The Secretary shall 

18 establish performance metrics relevant to the evaluation 

19 of the grant program under this subpart. 

20 ‘‘(b) EVALUATION.—The Secretary shall evaluate the 

21 implementation and impact of the activities funded under 

22 this subpart, in accordance with section 9601. 

23 ‘‘Subpart 2—Promise School Grants 

24 ‘‘SEC. 4621. PROGRAM AUTHORIZED. 

25 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) PROGRAM AUTHORIZED.—From amounts 

2 appropriated to carry out this subpart, the Secretary 

3 shall award grants, on a competitive basis, to eligible 

4 entities to implement school-centered, evidence-based 

5 strategies and integrated student supports that le6 verage community partnerships to improve student 

7 achievement and child and youth development by 

8 carrying out the activities described in section 4624 

9 in schools with high concentrations of low-income 

10 children. 

11 ‘‘(2) SUFFICIENT SIZE AND SCOPE.—Each 

12 grant awarded under this subpart shall be of suffi13 cient size and scope to allow the eligible entity to 

14 carry out the purpose of this part. 

15 ‘‘(b) GENERAL PROVISIONS.—The requirements of 

16 subsections (b), (c), (d), and (e) of section 4611 and sec17 tion 4614(b) shall apply to a grant under this subpart in 

18 the same manner as such subsections apply to a grant 

19 under subpart 1, except that the performance metrics used 

20 for section 4611(c) shall be the metrics under section 

21 4626(a). 

22 ‘‘SEC. 4622. DEFINITION OF ELIGIBLE ENTITY. 

23 ‘‘In this subpart, the term ‘eligible entity’ means— 

24 ‘‘(1) not less than 1 high-need local educational 

25 agency (including a charter school that is a local 


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1 educational agency) in partnership with 1 or more 

2 nonprofit entities or institutions of higher education; 

3 or 

4 ‘‘(2) a school funded by the Bureau of Indian 

5 Education that falls under the definition of a local 

6 educational agency in partnership with 1 or more 

7 nonprofit entities or institutions of higher education. 

8 ‘‘SEC. 4623. APPLICATION REQUIREMENTS; PRIORITY. 

9 ‘‘(a) IN GENERAL.—To be eligible to receive a grant 

10 under this subpart, an eligible entity shall submit an appli11 cation to the Secretary at such time, in such manner, and 

12 containing such information as the Secretary may require. 

13 ‘‘(b) CONTENTS OF APPLICATION.—At a minimum, 

14 the application described in subsection (a) shall include 

15 the following: 

16 ‘‘(1) A description of the local educational agen17 cy, schools, and students that will be served by the 

18 subgrant program. 

19 ‘‘(2) A description of the steps that the eligible 

20 entity is taking— 

21 ‘‘(A) to meet the needs identified in the 

22 analysis described in paragraph (4); and 

23 ‘‘(B) to remove any barriers that the eligi24 ble entity has identified in meeting such needs. 


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1 ‘‘(3) The designation of a site coordinator, with 

2 appropriate qualifications and appropriate time, au3 tonomy, and support to provide— 

4 ‘‘(A) leadership in building relationships 

5 and establishing and sustaining partnerships 

6 that support school improvement, school turn7 around efforts in accordance with section 

8 1116(c), increases in student achievement, posi9 tive child and youth development, and parent, 

10 family, and community engagement; and 

11 ‘‘(B) effective coordination of student serv12 ices at all stages of the continuum of high-qual13 ity pipeline services. 

14 ‘‘(4) An analysis of the needs and assets of the 

15 schools and communities that will be assisted under 

16 this subpart. Such analysis shall include— 

17 ‘‘(A) student data, including information 

18 about— 

19 ‘‘(i) school readiness; 

20 ‘‘(ii) academic achievement; 

21 ‘‘(iii) credit accumulation; 

22 ‘‘(iv) grade-to-grade promotion; 

23 ‘‘(v) graduation; 

24 ‘‘(vi) attendance; and 

25 ‘‘(vii) discipline; and 


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1 ‘‘(B) information about the assets de2 scribed in section 4613(b)(4)(B) with respect to 

3 such schools and communities. 

4 ‘‘(5) An explanation of how the eligible entity 

5 and its program partners will use evidence-based 

6 practice, data, and research to leverage partnerships 

7 to implement integrated student supports and wrap8 around services to— 

9 ‘‘(A) address the needs identified in para10 graph (4); 

11 ‘‘(B) encourage parents, family members, 

12 and community members to— 

13 ‘‘(i) participate in the education of 

14 their children and become an integral part 

15 of the school culture, school improvement, 

16 and decisionmaking; and 

17 ‘‘(ii) promote strategies that include 

18 the educational and financial literacy infor19 mation that is necessary to increase access 

20 to, and success in, postsecondary edu21 cation; 

22 ‘‘(C) enable teachers and administrators, 

23 including early learning providers, to com24 plement and enrich efforts to help children— 

25 ‘‘(i) achieve learning gains; 


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1 ‘‘(ii) prepare for graduation; and 

2 ‘‘(iii) plan for the future, including 

3 preparing for college and careers; and 

4 ‘‘(D) coordinate and leverage other pro5 grams that serve children, the schools served by 

6 the grant, and the neighborhood. 

7 ‘‘(6) An explanation of the extent to which the 

8 eligible entity and its program partners will serve or 

9 involve children residing in the neighborhood regard10 less of whether such children attend a school served 

11 by the grant (including by, as appropriate, providing 

12 high-quality early learning opportunities for chil13 dren, beginning at birth and extending through 

14 grade 3) by— 

15 ‘‘(A) carrying out the activities described 

16 in section 4613(b)(8)(A), as appropriate; and 

17 ‘‘(B) carrying out the activities described 

18 in subparagraphs (B) through (E) of section 

19 4613(b)(8). 

20 ‘‘(7) A description of the capacity of the eligible 

21 entity for measuring student outcomes and school22 specific outcomes. 

23 ‘‘(8) A description of how the strategies sup24 ported with funds under this subpart will be— 


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1 ‘‘(A) coordinated with other programs and 

2 strategies carried out by the local educational 

3 agency; and 

4 ‘‘(B) to the greatest extent practicable, co5 ordinated with other agencies, such as agencies 

6 that provide reentry services to adjudicated 

7 youth. 

8 ‘‘(9) A description of the strategy the eligible 

9 entity will use to— 

10 ‘‘(A) support family and community en11 gagement; and 

12 ‘‘(B) make schools the centers of their re13 spective communities. 

14 ‘‘(10) A list of the non-Federal sources of fund15 ing that the eligible entity will secure to comply with 

16 the matching funds requirement described in section 

17 4611(d), in addition to other programs the eligible 

18 entity has already secured funding from, including 

19 those funded by the Department, or programs in the 

20 Department of Health and Human Services, the De21 partment of Housing and Urban Development, the 

22 Department of Justice, or the Department of Labor. 

23 ‘‘(c) MEMORANDUM OF UNDERSTANDING.—An eligi24 ble entity, as part of the application described in this secVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00626 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 tion, shall submit a preliminary memorandum of under2 standing that meets the requirements of section 4613(c). 

3 ‘‘(d) PRIORITY.—In awarding grants under this sub4 part, the Secretary shall give priority to applicants that— 

5 ‘‘(1) propose to provide a continuum of high6 quality education and student support services for 

7 children beginning in prekindergarten and extending 

8 through high school graduation; 

9 ‘‘(2) propose to include significant investments 

10 in high-quality early learning programs, consistent 

11 with subsection (b)(6)(A); and 

12 ‘‘(3) provide schools served by the grant with 

13 the operational flexibility, including autonomy over 

14 staff, time, and budget, needed to effectively carry 

15 out the activities described in the application under 

16 this section. 

17 ‘‘SEC. 4624. USE OF FUNDS. 

18 ‘‘Each eligible entity that receives a grant under this 

19 subpart shall use the grant funds to— 

20 ‘‘(1) implement the activities described in the 

21 application under section 4623; and 

22 ‘‘(2) continuously evaluate the success of the 

23 grant program and improve the grant program 

24 based on data and outcomes. 


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1 ‘‘SEC. 4625. REPORT AND PUBLICLY AVAILABLE DATA. 

2 ‘‘(a) REPORT.—Each eligible entity that receives a 

3 grant under this subpart shall prepare and submit an an4 nual report to the Secretary, which shall include— 

5 ‘‘(1) information about the number and per6 centage of children served by the grant program, 

7 disaggregated the subgroups described in section 

8 1111(b)(2)(B)(ix); 

9 ‘‘(2) data about the grant program’s success 

10 in— 

11 ‘‘(A) narrowing achievement gaps; 

12 ‘‘(B) ensuring school readiness and healthy 

13 socio-emotional development; 

14 ‘‘(C) improving academic achievement; 

15 ‘‘(D) increasing student persistence in ele16 mentary school and secondary school; 

17 ‘‘(E) increasing on-time secondary school 

18 graduation rates and college entry; and 

19 ‘‘(F) increasing student attendance and de20 creasing incidents of violence, suspension, and 

21 expulsion; and 

22 ‘‘(3) other indicators that may be required by 

23 the Secretary, in consultation with the Director of 

24 the Institute of Education Sciences. 

25 ‘‘(b) PUBLICLY AVAILABLE DATA.—Each eligible en26 tity that receives a grant under this subpart shall make 


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1 publicly available, including through electronic means, the 

2 information described in subsection (a). To the extent 

3 practicable, such information shall be provided in a form 

4 and language accessible to parents and families in the 

5 neighborhood. 

6 ‘‘SEC. 4626. ACCOUNTABILITY. 

7 ‘‘(a) PERFORMANCE METRICS.—The Secretary shall 

8 establish performance metrics relevant to the evaluation 

9 of the grant program under this subpart. 

10 ‘‘(b) EVALUATION.—The Secretary shall evaluate the 

11 implementation and impact of the activities funded under 

12 this subpart, in accordance with section 9601. 

13 ‘‘Subpart 3—General Provisions 

14 ‘‘SEC. 4631. NATIONAL ACTIVITIES. 

15 ‘‘From the amounts appropriated to carry out this 

16 part for a fiscal year, in addition to the amounts that may 

17 be reserved in accordance with section 9601, the Secretary 

18 may reserve not more than 5 percent for national activi19 ties, which may include— 

20 ‘‘(1) research on the activities carried out under 

21 subparts 1 and 2; 

22 ‘‘(2) identification and dissemination of best 

23 practices; 

24 ‘‘(3) technical assistance; 

25 ‘‘(4) professional development; and 


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1 ‘‘(5) other activities consistent with the purpose 

2 of this part.’’. 

3 SEC. 4108. PARENT AND FAMILY INFORMATION AND RE4 SOURCE CENTERS. 

5 Title IV (20 U.S.C. 7101 et seq.) is amended by in6 serting after part F, as added by section 4107 of this Act, 

7 the following: 

8 ‘‘PART G—PARENT AND FAMILY INFORMATION 

9 AND RESOURCE CENTERS 

10 ‘‘SEC. 4701. PURPOSE. 

11 ‘‘The purpose of this part is to increase and enhance 

12 parent and family engagement in education by— 

13 ‘‘(1) providing support and technical assistance 

14 to State educational agencies; 

15 ‘‘(2) supporting a community of practice related 

16 to effective parent and family engagement strategies 

17 and practices; and 

18 ‘‘(3) as appropriate, providing information and 

19 training to local educational agencies, schools, par20 ents and families, and community members. 

21 ‘‘SEC. 4702. DEFINITION OF ELIGIBLE ENTITY. 

22 ‘‘In this part, the term ‘eligible entity’ means— 

23 ‘‘(1) a nonprofit organization (including a state24 wide nonprofit organization); or 


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1 ‘‘(2) a consortium consisting of a nonprofit or2 ganization (including a statewide nonprofit organiza3 tion) and a State educational agency or local edu4 cational agency. 

5 ‘‘SEC. 4703. GRANTS AUTHORIZED. 

6 ‘‘(a) PARENT AND FAMILY INFORMATION AND RE7 SOURCE CENTERS.—The Secretary is authorized to award 

8 grants, on a competitive basis, to eligible entities to enable 

9 such eligible entities to operate State parent and family 

10 information and resource centers that— 

11 ‘‘(1) assist the State educational agency in 

12 identifying, implementing, and replicating effective 

13 evidence-based parent, family, and community en14 gagement strategies, including assisting the State 

15 educational agency in carrying out parent and family 

16 engagement strategies that are funded under section 

17 1118 and other provisions of this Act; 

18 ‘‘(2) provide technical assistance, training, in19 formation, and support, as appropriate (including 

20 support in turning around schools), to, at a min21 imum, high-need schools and schools that are served 

22 by high-need local educational agencies; and 

23 ‘‘(3) strengthen partnerships among parents, 

24 family members, community-based organizations (in25 cluding faith-based organizations), schools, local 


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1 educational agencies, employers, and other appro2 priate community members who are committed to 

3 improving and enhancing parent, family, and com4 munity engagement in order to improve student 

5 achievement and support positive child development. 

6 ‘‘(b) DURATION.—Grants awarded under this part 

7 shall be for a period of 5 years. 

8 ‘‘(c) GEOGRAPHIC DISTRIBUTION.—In awarding 

9 grants under this part, the Secretary shall ensure that not 

10 less than 1 grant is awarded to an eligible entity in each 

11 State. 

12 ‘‘(d) PRIORITY.—In awarding grants under this part, 

13 the Secretary shall give priority to applications from eligi14 ble entities that have a demonstrated record of effective15 ness in increasing and enhancing the engagement of par16 ents and families whose children attend a high-need school 

17 or a school that is served by a high-need local educational 

18 agency. 

19 ‘‘SEC. 4704. APPLICATIONS. 

20 ‘‘(a) SUBMISSION.—Each eligible entity that desires 

21 a grant under this part shall submit an application to the 

22 Secretary at such time, in such manner, and accompanied 

23 by such information as the Secretary may require. 


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1 ‘‘(b) ASSURANCES.—Each application submitted 

2 under subsection (a) shall include, at a minimum, an as3 surance that the eligible entity will— 

4 ‘‘(1)(A) be governed by a board of directors, of 

5 which not less than 50 percent is comprised of mem6 bers who are— 

7 ‘‘(i) parents or family members of school8 aged children in the State that the eligible enti9 ty serves, including educationally and economi10 cally disadvantaged parents; and 

11 ‘‘(ii) community stakeholders who are com12 mitted to improving schools and increasing par13 ent and family engagement; or 

14 ‘‘(B) be an organization or consortium that rep15 resents the interests of parents and family members 

16 of school-aged children; 

17 ‘‘(2) use not less than 75 percent of the funds 

18 received under this part for each fiscal year to serve 

19 areas with a demonstrated high concentration of 

20 low-income families; 

21 ‘‘(3) reserve not less than 20 percent of the 

22 funds received under this part for each fiscal year to 

23 establish, expand, or operate parent education pro24 grams for parents whose children attend early child25 hood education and care programs; 


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1 ‘‘(4) operate a parent and family information 

2 and resource center of sufficient size, scope, and 

3 quality to effectively carry out the purpose of this 

4 part; 

5 ‘‘(5) ensure that parents and family members, 

6 including economically disadvantaged parents and 

7 family members with children who attend high-need 

8 schools or schools that are served by high-need local 

9 educational agencies, have access to leadership devel10 opment training and other evidence-based strategies 

11 that provide the skills and resources parents and 

12 family members need to support school improve13 ment, increase student achievement, and promote 

14 positive student development; and 

15 ‘‘(6) demonstrate to the Secretary that a por16 tion of the services provided by the eligible entity 

17 under the grant is supported through non-Federal 

18 contributions, which contributions may be in cash or 

19 in-kind. 

20 ‘‘(c) CONTENTS.—In addition to the requirements de21 scribed in subsection (b), each application submitted 

22 under subsection (a) shall, at a minimum— 

23 ‘‘(1) describe how the eligible entity will serve 

24 both urban and rural areas throughout the State 

25 that is served by the eligible entity; 


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1 ‘‘(2) demonstrate the eligible entity’s record of 

2 effectiveness in carrying out parent and family en3 gagement activities, including the provision of high4 quality technical assistance to State educational 

5 agencies and local educational agencies; 

6 ‘‘(3) describe the process through which the eli7 gible entity will— 

8 ‘‘(A) leverage relationships with, and col9 lect and exchange information among, partners; 

10 and 

11 ‘‘(B) disseminate information about evi12 dence-based best practices to support parent 

13 and family engagement strategies; 

14 ‘‘(4) describe the eligible entity’s strategy for 

15 serving parents and family members of children in 

16 the area served by the eligible entity, including par17 ents and family members of students who are served 

18 by high-need local educational agencies; 

19 ‘‘(5) describe how the eligible entity will assist 

20 the State educational agency in effectively sup21 porting high-need local educational agencies in— 

22 ‘‘(A) increasing parent and family member 

23 understanding of, and opportunities to develop 

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1 ners in, supporting academic achievement, child 

2 development, and school improvement; and 

3 ‘‘(B) employing evidence-based strategies 

4 to— 

5 ‘‘(i) increase the participation of eco6 nomically disadvantaged and English 

7 learner parents and family members in 

8 school activities; and 

9 ‘‘(ii) improve parent and family en10 gagement strategies in low-performing 

11 schools served by high-need local edu12 cational agencies; and 

13 ‘‘(6) identify the Federal, State, and local serv14 ices and programs that prepare children to be ready 

15 for institutions of higher education and careers with 

16 which the eligible entity will coordinate, including— 

17 ‘‘(A) programs supported under this Act; 

18 ‘‘(B) violence prevention programs; 

19 ‘‘(C) programs that serve at-risk or out-of20 school youth; 

21 ‘‘(D) nutrition programs; 

22 ‘‘(E) housing programs; 

23 ‘‘(F) Head Start and other early childhood 

24 care and education programs; 


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1 ‘‘(G) adult education and literacy activities 

2 (as defined in section 203 of the Adult Edu3 cation and Family Literacy Act); and 

4 ‘‘(H) workforce development programs. 

5 ‘‘SEC. 4705. USES OF FUNDS. 

6 ‘‘(a) REQUIRED ACTIVITIES.—Each eligible entity 

7 that receives a grant under this part shall use such grant 

8 funds to provide services to parents, family members, edu9 cators, and community members and to assist State edu10 cational agencies, local educational agencies, and, where 

11 applicable, districtwide parent advisory committees in sup12 porting parent and family engagement in education by 

13 carrying out the following activities: 

14 ‘‘(1) Providing technical assistance to State 

15 educational agencies in— 

16 ‘‘(A) reviewing and responding to local 

17 parent and family engagement plans described 

18 in section 1118(a) (including, at a minimum, 

19 such plans submitted by high-need local edu20 cational agencies) in order to support evidence21 based strategies and best practices in parent 

22 and family engagement; 

23 ‘‘(B) the implementation of Federal and 

24 State laws, regulations, and guidance relating 

25 to parent and family engagement; 


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1 ‘‘(C) the implementation or replication of 

2 statewide evidence-based programs and strate3 gies, especially for parents who are education4 ally and economically disadvantaged; and 

5 ‘‘(D) applicable evaluation, reporting, and 

6 accountability processes. 

7 ‘‘(2) Obtaining and disseminating information 

8 about the range of options, programs, services, and 

9 resources (including curricula) that are available at 

10 the national level, the State level, and the local level 

11 to assist school and local educational agency per12 sonnel in implementing evidence-based parent and 

13 family engagement strategies. 

14 ‘‘(3) Coordinating parent and family engage15 ment strategies with relevant Federal, State, and 

16 local services and programs. 

17 ‘‘(4) Working with individuals and organiza18 tions with expertise in identifying and implementing 

19 evidence-based practices to improve parent and fam20 ily engagement. 

21 ‘‘(5) Coordinating and integrating early care 

22 and education programs with school-age programs, 

23 especially those programs focusing on supporting the 

24 transition of young children into kindergarten 

25 through grade 3, such as by increasing awareness of 


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1 school readiness expectations among family and 

2 community members. 

3 ‘‘(6) Implementing parent institutes or other 

4 leadership development strategies to ensure that par5 ents and family members have the skills and re6 sources needed to understand student and school 

7 data in order to make decisions, effectively commu8 nicate with school officials and educators, support 

9 school improvement, and increase student achieve10 ment. 

11 ‘‘(b) PERMISSIVE ACTIVITIES.—In addition to the ac12 tivities required under subsection (a), each eligible entity 

13 that receives a grant under this part may use such grant 

14 funds to carry out the following activities: 

15 ‘‘(1) Assisting parents and family members in 

16 the State to participate effectively in their children’s 

17 education through the provision of direct services to 

18 parents and family members. 

19 ‘‘(2) Developing and disseminating templates 

20 for schools and local educational agencies to use to 

21 provide information about curricula, academic expec22 tations, academic assessments, and the results of 

23 academic assessments to family members in a man24 ner and a language that such family members can 

25 understand. 


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1 ‘‘(3) Providing training, information, and sup2 port to organizations that support partnerships 

3 among schools, parents, family members, and dis4 trictwide parent advisory committees, as applicable. 

5 ‘‘(4) Providing professional development to 

6 school and local educational agency staff (which may 

7 be provided jointly to educators and family mem8 bers) to assist school and agency staff in developing 

9 and implementing strategies to increase and 

10 strengthen ongoing communication with parents and 

11 family members, including professional development 

12 opportunities that prepare teachers to have more fo13 cused, goal-oriented, and reciprocal parent-teacher 

14 conferences. 

15 ‘‘SEC. 4706. ADMINISTRATIVE PROVISIONS. 

16 ‘‘(a) MATCHING FUNDS FOR GRANT RENEWAL.— 

17 For each fiscal year after the first fiscal year for which 

18 an eligible entity receives assistance under this part, the 

19 eligible entity shall demonstrate that a portion of the serv20 ices provided by the eligible entity is supported through 

21 non-Federal contributions, which contributions may be in 

22 cash or in-kind. 

23 ‘‘(b) PERFORMANCE ACCOUNTABILITY.— 

24 ‘‘(1) PERFORMANCE INDICATORS.—Each eligi25 ble entity receiving a grant under this part shall 


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1 submit to the Secretary an annual report regarding 

2 the parent and family information and resource cen3 ters assisted under this part. Such report shall be 

4 made publicly available, including through electronic 

5 means, and shall include, at a minimum, a descrip6 tion of how each parent and family information and 

7 resource center has performed with respect to the 

8 following indicators: 

9 ‘‘(A) The number of local educational 

10 agencies or other entities that received assist11 ance or support in the previous academic year. 

12 ‘‘(B) The number of parents and family 

13 members whose children participated in the pre14 vious academic year in programs, activities, or 

15 strategies supported by the parent and family 

16 information and resource center, and— 

17 ‘‘(i) the number of such parents 

18 whose children are eligible to be counted 

19 under section 1124(c)(1)(A); 

20 ‘‘(ii) the number of such parents 

21 whose children are English learners; and 

22 ‘‘(iii) the number of such parents who 

23 are parents of children with disabilities. 

24 ‘‘(C) The outcomes directly attributable to 

25 the provision of assistance or support provided 


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1 by the parent and family information and re2 source center, such as increased parent and 

3 family member participation in school planning 

4 activities, parent-teacher conferences, or the 

5 local educational agency budgeting process. 

6 ‘‘(D) Other evidence-based indicators that 

7 the Secretary may reasonably require. 

8 ‘‘(2) PERFORMANCE GOALS.— 

9 ‘‘(A) IN GENERAL.—Each eligible entity 

10 that is awarded a grant under this part shall 

11 establish, in consultation with the Secretary, 

12 annual performance goals for each of the indi13 cators described in paragraph (1). Such per14 formance goals shall be made publicly available, 

15 including through electronic means. 

16 ‘‘(B) TERMINATION.—If an eligible entity 

17 receiving grant funds under this part does not 

18 meet the performance goals established under 

19 this paragraph for 2 consecutive years, after 

20 the provision of technical assistance in the sec21 ond consecutive year, the Secretary shall termi22 nate the grant and conduct a new competition 

23 for the grant. 

24 ‘‘(C) LOSS OF ELIGIBILITY.—If an eligible 

25 entity has received a grant under this part and 


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1 such grant has been terminated in accordance 

2 with subparagraph (B), the eligible entity shall 

3 not be eligible to participate in future grant 

4 competitions, or receive grant funds, under this 

5 part. 

6 ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary 

7 shall provide technical assistance to each eligible en8 tity receiving a grant under this part that does not 

9 meet the performance goals established under para10 graph (2). 

11 ‘‘(c) REPORT TO CONGRESS.—The Secretary shall 

12 prepare and submit an annual report to the authorizing 

13 committees, which shall— 

14 ‘‘(1) include the information that each eligible 

15 entity submits to the Secretary in accordance with 

16 subsection (b)(1); 

17 ‘‘(2) summarize and synthesize the best prac18 tices collected by the parent and family information 

19 and resource centers for increasing and improving 

20 parent, family, and community engagement; and 

21 ‘‘(3) be made available to the public (including 

22 through electronic means). 

23 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this part 

24 shall be construed to prohibit a parent and family informa25 tion and resource center from— 


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1 ‘‘(1) allowing its employees or agents to meet 

2 with family members at a site that is not on school 

3 grounds; or 

4 ‘‘(2) working with another public or nonprofit 

5 agency that serves children. 

6 ‘‘(e) PARENTAL RIGHTS.—Notwithstanding any 

7 other provision of this part— 

8 ‘‘(1) no individual (including a parent who edu9 cates a child at home, parent of a public school stu10 dent, or parent of a private school student) shall be 

11 required to participate in any program of parent or 

12 family education or developmental screening under 

13 this part; and 

14 ‘‘(2) a program or center assisted under this 

15 part shall not take any action that infringes in any 

16 manner on the right of a parent to direct the edu17 cation of such parent’s child.’’. 

18 SEC. 4108. PROGRAMS OF NATIONAL SIGNIFICANCE. 

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

20 (1) by redesignating subpart 1 of part D of title 

21 V as part I of title IV, and transferring such part 

22 I so as to follow part H of title IV, as redesignated 

23 by section 2101(a) of this Act; 

24 (2) in part I of title IV, as redesignated under 

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1 serting the following: ‘‘PROGRAMS OF NATIONAL

2 SIGNIFICANCE ’’; 

3 (3) by striking section 5414; 

4 (4) by redesignating sections 5411, 5412, and 

5 5413, as sections 4901, 4902, and 4903, respec6 tively; 

7 (5) in section 4901, as redesignated under 

8 paragraph (4)— 

9 (A) in subsection (a)— 

10 (i) by striking ‘‘challenging State aca11 demic content and student academic 

12 achievement standards’’ and inserting ‘‘col13 lege and career ready academic content 

14 and student academic achievement stand15 ards under section 1111(a)(1)’’; and 

16 (ii) by inserting ‘‘nonprofit’’ before 

17 ‘‘private’’; and 

18 (B) by striking subsection (b), and insert19 ing the following: 

20 ‘‘(b) USES OF FUNDS.—A nonprofit entity receiving 

21 a grant under subsection (a) shall use the grant funds to 

22 carry out 1 of the following activities: 

23 ‘‘(1) Providing funding for economically dis24 advantaged students, including students from mili25 tary families and recent immigrants, and their 


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1 teachers, to participate in programs based in Wash2 ington, DC that increase civic responsibility and un3 derstanding of the Federal Government among 

4 young people. 

5 ‘‘(2) Developing, implementing, evaluating, and 

6 disseminating innovative, research-based approaches 

7 to civic learning, which may include hands-on civic 

8 engagement activities, for low-income elementary 

9 school and secondary school students that dem10 onstrate innovation, scalability, accountability, and a 

11 focus on underserved populations. 

12 ‘‘(3) Supporting a national principal and teach13 er certification process that provides a framework 

14 for measuring and improving teaching and instruc15 tional leadership with a focus on educators working 

16 in schools that are eligible for funding under part A 

17 of title I, including comprehensive rigorous teaching 

18 standards and assessment systems designed to re19 ward educator effectiveness and deliver high-quality 

20 professional development across all academic sub21 jects and grades. 

22 ‘‘(4) Creating a national teacher corps of out23 standing college graduates to teach in underserved 

24 communities in order to— 


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1 ‘‘(A) increase the supply of effective teach2 ers in low-income communities; and 

3 ‘‘(B) provide and support the retention of 

4 teachers for high-need fields. 

5 ‘‘(5) Supporting a national network of providers 

6 of high-quality, evidence-based professional develop7 ment in writing instruction for teachers across all 

8 academic subjects and grades. 

9 ‘‘(6) Encouraging parents and caregivers to 

10 read aloud to their children by supporting programs 

11 through which, during pediatric exams, doctors and 

12 nurses train parents and caregivers who may not be 

13 skilled readers. 

14 ‘‘(7) Preparing young children from low-income 

15 families for reading success by the third grade by— 

16 ‘‘(A) distributing inexpensive books; 

17 ‘‘(B) training volunteers to serve at-risk 

18 children; 

19 ‘‘(C) developing motivational literacy ac20 tivities for at-risk children; and 

21 ‘‘(D) providing information on literacy re22 sources, such as those provided by local librar23 ies and other community-based organizations. 


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1 ‘‘(8) Supporting model projects and programs 

2 that encourage involvement in the performing and 

3 visual arts, for— 

4 ‘‘(A) persons with disabilities, by— 

5 ‘‘(i) increasing access to all forms of 

6 the arts for all persons, including those liv7 ing with intellectual, physical, and sensory 

8 disabilities; and 

9 ‘‘(ii) fostering a greater awareness of 

10 the need for arts programs for individuals 

11 with disabilities; and 

12 ‘‘(B) children, youth, and educators. 

13 ‘‘(9) Implementing a coordinated program of 

14 scientifically based research, demonstration projects, 

15 innovative strategies, and professional development 

16 for teachers and other instructional leaders working 

17 in high-poverty schools to— 

18 ‘‘(A) enhance the ability of educators to 

19 meet the special educational needs of gifted and 

20 talented students, including high-ability stu21 dents who have not been formally identified as 

22 gifted; and 

23 ‘‘(B) prioritize students who have been 

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1 advantaged, of minority backgrounds, English 

2 learners, students with disabilities, and students 

3 in rural communities. 

4 ‘‘(10) Promoting gender equity in education by 

5 supporting educational agencies and institutions in 

6 meeting the requirements of title IX of the Edu7 cation Amendments of 1972 (20 U.S.C. 1681 et 

8 seq.). 

9 ‘‘(11) Other high-quality, nationally significant 

10 programs that meet the purposes of this Act.’’; 

11 (6) in section 4902(c), as redesignated under 

12 paragraph (4), by striking ‘‘and in recognizing 

13 States, local educational agencies, and schools under 

14 section 5411(b)(3), only if funds are used for such 

15 recognition programs’’; 

16 (7) in section 4903, as redesignated under 

17 paragraph (4)— 

18 (A) in subsection (a)(1), by striking 

19 ‘‘5412’’ and inserting ‘‘4902’’; and 

20 (B) by striking subsection (d); and 

21 (8) in each of sections 4901, 4902, and 4903, 

22 as redesignated under paragraph (4), by striking 

23 ‘‘subpart’’ each place the term appears and inserting 

24 ‘‘part’’. 


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1 TITLE V—PROMOTING 

2 INNOVATION 

3 SEC. 5001. PROMOTING INNOVATION. 

4 Title V (20 U.S.C. 7201 et seq.) is amended by strik5 ing the title heading and inserting the following: 

6 ‘‘TITLE V—PROMOTING 

7 INNOVATION’’. 

8 PART A—RACE TO THE TOP 

9 SEC. 5101. RACE TO THE TOP. 

10 Part A of title V (20 U.S.C. 7201 et seq.) is amended 

11 to read as follows: 

12 ‘‘PART A—RACE TO THE TOP 

13 ‘‘SEC. 5101. PURPOSES. 

14 ‘‘The purposes of this part are to provide incentives 

15 for States and high-need local educational agencies to im16 plement comprehensive reforms and innovative strategies 

17 that are designed to lead to— 

18 ‘‘(1) significant improvements in outcomes for 

19 all students, including improvements in student 

20 readiness, student academic achievement, high 

21 school graduation rates, and rates of student enroll22 ment, persistence, and completion in institutions of 

23 higher education; and 


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1 ‘‘(2) significant reductions in achievement gaps 

2 between the groups of students described in section 

3 1111(a)(2)(B)(ix). 

4 ‘‘SEC. 5102. RESERVATION OF FUNDS. 

5 ‘‘From amounts made available to carry out this part 

6 for a fiscal year, the Secretary may reserve not more than 

7 5 percent to carry out activities in accordance with this 

8 part related to technical assistance and outreach and dis9 semination. 

10 ‘‘SEC. 5103. RACE TO THE TOP PROGRAM. 

11 ‘‘(a) PROGRAM AUTHORIZED.— 

12 ‘‘(1) IN GENERAL.—For each fiscal year for 

13 which funds are appropriated under this part and 

14 from such funds that are not reserved under section 

15 5102, the Secretary shall, in accordance with para16 graph (2), determine the goals that are the greatest 

17 priority for the United States and award grants, 

18 through a grant competition, to eligible entities to 

19 enable such eligible entities to carry out comprehen20 sive reforms and innovative strategies in furtherance 

21 of such goals. 

22 ‘‘(2) SELECTION OF GOALS AND CATEGORIES

23 OF ENTITIES.— 

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

25 determine the priorities for grants awarded 


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1 through a grant competition under this part by 

2 selecting in advance of the application period— 

3 ‘‘(i) 1 or more categories of entities 

4 described in paragraph (3) that may apply 

5 for and receive the grants through such 

6 grant competition; and 

7 ‘‘(ii) 1 or more goals described in 

8 paragraph (4) to be supported under the 

9 grants. 

10 ‘‘(B) ANNOUNCEMENT.—The Secretary 

11 shall ensure that information regarding the se12 lections of goals and categories of entities for 

13 the grants under this part for an upcoming 

14 grant competition is made widely available to el15 igible entities and that the eligible entities will 

16 have sufficient time to prepare a grant applica17 tion based on the Secretary’s decisions for the 

18 upcoming grant competition. 

19 ‘‘(3) ELIGIBLE ENTITIES.—The categories of 

20 entities that may be selected for grants under this 

21 part are the following: 

22 ‘‘(A) A State. 

23 ‘‘(B) A high-need local educational agency. 

24 ‘‘(C) A consortium of States. 


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1 ‘‘(D) A consortium of high-need local edu2 cational agencies. 

3 ‘‘(4) EDUCATIONAL GOALS.—The goals that the 

4 Secretary shall select to support through grants 

5 under this part are 1 or more of the following: 

6 ‘‘(A) Increasing the access of children from 

7 low-income families to highly rated teachers and 

8 school leaders, including by— 

9 ‘‘(i) developing and implementing a 

10 teacher and principal evaluation system 

11 consistent with section 2301(b)(4); 

12 ‘‘(ii) improving the effectiveness of 

13 teachers (including early childhood edu14 cation and care educators) and school lead15 ers, including through high-quality prepa16 ration, recruitment, professional develop17 ment, evaluation, and other personnel poli18 cies; and 

19 ‘‘(iii) ensuring that all teachers are 

20 prepared to effectively serve the needs of 

21 students who are children with disabilities 

22 or English learners, particularly through 

23 the general education curriculum. 

24 ‘‘(B) Strengthening the availability and 

25 use of high-quality and timely data to improve 


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1 instructional practices, policies, and student 

2 outcomes. 

3 ‘‘(C) Implementing— 

4 ‘‘(i) elementary and secondary school 

5 academic standards that prepare students 

6 to be college and career ready, in accord7 ance with section 1111(a)(1)(A)(ii); and 

8 ‘‘(ii) strategies that translate such 

9 standards into classroom practice, includ10 ing in the areas of assessment, instruc11 tional materials, and professional develop12 ment. 

13 ‘‘(D) Turning around the schools served by 

14 the eligible entity that are identified through a 

15 State’s accountability and improvement system 

16 under subsection (b) or (c)(2) of section 1116. 

17 ‘‘(E) Creating successful conditions for the 

18 creation, expansion, and replication of high-per19 forming public charter schools and the creation 

20 of new, innovative, and highly autonomous pub21 lic schools that will enroll a large percentage of 

22 students from low-income families. 

23 ‘‘(F) Providing more equitable State and 

24 local resources to high-poverty schools. 

25 ‘‘(G) Improving school readiness by— 


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1 ‘‘(i) increasing the number and per2 centage of children from low-income fami3 lies, in each age group of infants, toddlers, 

4 and preschoolers, who are enrolled in high5 quality early childhood education and care 

6 programs; and 

7 ‘‘(ii) designing and implementing an 

8 integrated system of high-quality early 

9 childhood education and care programs 

10 and services that strengthens the coordina11 tion and collaboration among Federal, 

12 State, and local early childhood education 

13 and care programs. 

14 ‘‘(b) DURATION OF GRANTS.— 

15 ‘‘(1) IN GENERAL.—Each grant awarded under 

16 this part shall be for a period of not more than 4 

17 years. 

18 ‘‘(2) REQUIREMENTS FOR ADDITIONAL FUND19 ING.—Before receiving funding under any grant 

20 under this part for the second or any subsequent 

21 year of the grant, the eligible entity receiving the 

22 grant shall demonstrate to the Secretary that the el23 igible entity is— 

24 ‘‘(A) making progress in implementing the 

25 plan under section 5104(a)(3) at a rate that the 


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1 Secretary determines will result in full imple2 mentation of the plan during the remainder of 

3 the grant period; and 

4 ‘‘(B) making progress, as measured by the 

5 annual performance measures and targets es6 tablished by the eligible entity under section 

7 5105, at a rate that the Secretary determines 

8 will result in reaching the targets and achieving 

9 the objectives of the grant, during the remain10 der of the grant period. 

11 ‘‘(c) INTERAGENCY AGREEMENT.—The Secretary 

12 shall establish an interagency agreement with the Sec13 retary of Health and Human Services to jointly administer 

14 any grant competition for the goal of improving early 

15 childhood education and care, as described in subsection 

16 (a)(4)(G), and any grants issued under such grant com17 petition. 

18 ‘‘SEC. 5104. APPLICATION PROCESS. 

19 ‘‘(a) IN GENERAL.—Each eligible entity that desires 

20 to receive a grant under this part shall submit an applica21 tion to the Secretary at such time, in such manner, and 

22 containing such information as the Secretary may reason23 ably require. At a minimum, each such application shall 

24 include the following: 


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1 ‘‘(1) Documentation of the eligible entity’s 

2 record, as applicable, in the areas to be measured by 

3 the performance measures identified by the Sec4 retary under section 5105(2). 

5 ‘‘(2) Evidence of conditions of innovation and 

6 reform that the eligible entity has established and 

7 the eligible entity’s plan for implementing additional 

8 conditions for innovation and reform, including— 

9 ‘‘(A) a description of how the eligible enti10 ty has identified and eliminated ineffective 

11 practices in the past, and its plan for doing so 

12 in the future; 

13 ‘‘(B) a description of how the eligible enti14 ty has identified and promoted effective prac15 tices in the past, and its plan for doing so in 

16 the future; and 

17 ‘‘(C) steps the eligible entity has taken and 

18 will take to eliminate statutory, regulatory, pro19 cedural, or other barriers to facilitate the full 

20 implementation of its proposed plan under 

21 paragraph (3). 

22 ‘‘(3) A comprehensive and coherent plan for 

23 using funds under this part, and other Federal, 

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1 tified under section 5105(2), including how the ap2 plicant will implement reforms and innovative strate3 gies to achieve the goals selected by the Secretary 

4 under section 5103(a)(2). 

5 ‘‘(4) In the case of an eligible entity that is de6 scribed in subparagraph (A) or (C) of section 

7 5103(a)(3), evidence of collaboration among the eli8 gible entity, local educational agencies in the State 

9 (including the local educational agencies partici10 pating in carrying out the plan under paragraph 

11 (3)), schools that are expected to benefit from the 

12 activities under the plan, parents, teachers, and 

13 other stakeholders, in developing and implementing 

14 the plan, including evidence of the commitment and 

15 capacity to implement such plan. 

16 ‘‘(5) In the case of an eligible entity described 

17 in subparagraph (B) or (D) of section 5103(a)(3), 

18 evidence of the eligible entity’s collaboration with its 

19 school leaders, teachers, parents, and other stake20 holders in developing the plan under paragraph (3), 

21 including evidence of the commitment and capacity 

22 to implement that plan. 

23 ‘‘(6) The eligible entity’s annual performance 

24 measures and targets, in accordance with the re25 quirements of section 5105. 


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1 ‘‘(b) CRITERIA FOR EVALUATING APPLICATIONS.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall award 

3 grants under this part on a competitive basis, based 

4 on the quality of the applications submitted by eligi5 ble entities. 

6 ‘‘(2) PUBLICATION OF EXPLANATION.—The 

7 Secretary shall publish an explanation of how the 

8 application review process will ensure an equitable, 

9 transparent, and objective evaluation. 

10 ‘‘(c) PRIORITY.—In awarding grants under this part, 

11 the Secretary shall give priority to— 

12 ‘‘(1) any eligible entity described in subpara13 graph (B) or (D) of section 5103(a)(3) that serves 

14 a school designated with a school locale code of 33, 

15 41, 42, or 43, as determined by the Secretary; and 

16 ‘‘(2) for any grant competition under this part 

17 for the goal of improving early childhood education 

18 and care, as described in section 5103(a)(4)(G), any 

19 eligible entity that provides a full-day kindergarten 

20 program to all kindergarten students, or to all kin21 dergarten students from low-income families, served 

22 by the eligible entity. 

23 ‘‘SEC. 5105. PERFORMANCE MEASURES. 

24 ‘‘Each eligible entity receiving a grant under this part 

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1 nual performance measures and targets for the programs 

2 and activities carried out under this part. Such perform3 ance measures and targets shall, at a minimum, track the 

4 eligible entity’s progress in— 

5 ‘‘(1) implementing the plan described in section 

6 5104(a)(3); and 

7 ‘‘(2) making progress on any other performance 

8 measure identified by the Secretary. 

9 ‘‘SEC. 5106. USES OF FUNDS. 

10 ‘‘(a) USE OF STATE GRANT FUNDS.— 

11 ‘‘(1) IN GENERAL.—Each eligible entity de12 scribed in subparagraph (A) or (C) of section 

13 5103(a)(3) that receives a grant under this part 

14 shall— 

15 ‘‘(A) except as provided in paragraph (3), 

16 use not less than 50 percent of the grant funds 

17 to award subgrants under paragraph (2) to the 

18 local educational agencies that will participate 

19 in the plan for any purpose included in the eli20 gible entity’s plan described in section 

21 5104(a)(3); and 

22 ‘‘(B) use any amount of the grant not dis23 tributed under subparagraph (A) for any pur24 pose included in the eligible entity’s plan. 


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1 ‘‘(2) AMOUNT OF SUBGRANTS.—For a fiscal 

2 year, the amount of a subgrant under paragraph 

3 (1)(A) for a local educational agency that has been 

4 selected to participate in the eligible entity’s plan 

5 shall bear the same relation to the amount available 

6 for all such subgrants by the eligible entity for such 

7 year, as the amount made available to the local edu8 cational agency under part A of title I for the most 

9 recent year for which such data is available bears to 

10 the total amount made available for such year to all 

11 local educational agencies selected to participate in 

12 the eligible entity’s plan. 

13 ‘‘(3) EXCEPTION.—An eligible entity described 

14 in subparagraph (A) or (C) of section 5103(a)(3) 

15 that receives a grant under this part for the goal of 

16 improving early childhood education and care, as de17 scribed in section 5103(a)(4)(G)— 

18 ‘‘(A) shall not be subject to the require19 ments of paragraph (1)(A); and 

20 ‘‘(B) may use grant funds to award sub21 grants to public or private nonprofit agencies 

22 and organizations for activities consistent with 

23 any purpose included in the eligible entity’s 

24 plan described in section 5104(a)(3). 


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1 ‘‘(b) USE OF SUBGRANT FUNDS.—Each local edu2 cational agency or public or private nonprofit agency or 

3 organization that receives a subgrant under paragraph 

4 (1)(A) or (3)(B) of subsection (a) from an eligible entity 

5 shall use subgrant funds for any purpose included in the 

6 eligible entity’s plan described in section 5104(a)(3), sub7 ject to any requirements of the eligible entity. 

8 ‘‘(c) USE OF HIGH-NEED LOCAL EDUCATIONAL

9 AGENCY GRANT FUNDS.—Each eligible entity described 

10 in subparagraph (B) or (D) of section 5103(a)(3) that re11 ceives a grant under this part shall use such funds for 

12 any purpose included in the eligible entity’s plan described 

13 in section 5104(a)(3). 

14 ‘‘(d) SPECIAL RULE.— 

15 ‘‘(1) LIMITATION ON USE OF FUNDS.—Notwith16 standing any other provision of this section, grant or 

17 subgrant funds under this part shall only be used to 

18 fund a program or activity that is an allowable use 

19 of funds under another section of this Act (excluding 

20 this part and section 8007, as amended by section 

21 8004 of the Elementary and Secondary Education 

22 Reauthorization Act of 2011), the Individuals with 

23 Disabilities Education Act, the Adult Education and 

24 Family Literacy Act, or the Carl D. Perkins Career 

25 and Technical Education Act of 2006, except that 


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1 grant or subgrant funds for the goal of improving 

2 early childhood education and care, as described in 

3 section 5103(a)(4)(G), may also be used to fund a 

4 program or activity that is an allowable use of funds 

5 under the Head Start Act, or the Child Care and 

6 Development Block Grant Act of 1990. 

7 ‘‘(2) LIMITATION OF USE OF FUNDS FOR EARLY

8 CHILDHOOD EDUCATION AND CARE PROGRAMS.— 

9 Grant or subgrant funds under this part that are 

10 used to improve early childhood education and care 

11 programs shall not be used to carry out any of the 

12 following activities: 

13 ‘‘(A) Assessments that provide rewards or 

14 sanctions for individual children or teachers. 

15 ‘‘(B) A single assessment that is used as 

16 the primary or sole method for assessing pro17 gram effectiveness. 

18 ‘‘(C) Evaluating children, other than for 

19 the purposes of improving instruction, class20 room environment, professional development, or 

21 parent and family engagement, or program im22 provement. 

23 ‘‘SEC. 5107. REPORTING. 

24 ‘‘(a) ANNUAL REPORT.—An eligible entity that re25 ceives a grant under this part shall submit to the SecVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00663 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 retary, at such time and in such manner as the Secretary 

2 may require, an annual report including, at a minimum— 

3 ‘‘(1) data on the eligible entity’s progress in 

4 achieving the targets for the annual performance 

5 measures and targets established under section 

6 5105; and 

7 ‘‘(2) a description of the challenges the eligible 

8 entity has faced in implementing its program under 

9 this part, and how the eligible entity has addressed, 

10 or plans to address, such challenges. 

11 ‘‘(b) LOCAL REPORT.—Each local educational agency 

12 and each public or private nonprofit agency or organiza13 tion that receives a subgrant from an eligible entity under 

14 section 5106(a) shall submit to the eligible entity such in15 formation as the eligible entity may require to complete 

16 the annual report required by subsection (a).’’. 

17 PART B—INVESTING IN INNOVATION 

18 SEC. 5201. INVESTING IN INNOVATION. 

19 Part B of title V (20 U.S.C. 7221 et seq.) is amended 

20 to read as follows: 

21 ‘‘PART B—INVESTING IN INNOVATION 

22 ‘‘SEC. 5201. PURPOSES. 

23 ‘‘The purposes of this part are to— 

24 ‘‘(1) fund the identification, development, eval25 uation, and expansion of innovative, research- and 


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1 evidence-based practices, programs, and strategies in 

2 order to significantly— 

3 ‘‘(A) increase student academic achieve4 ment and close achievement gaps; 

5 ‘‘(B) increase high school graduation rates; 

6 ‘‘(C) increase college enrollment rates and 

7 rates of college persistence; 

8 ‘‘(D) improve teacher and school leader ef9 fectiveness; and 

10 ‘‘(E) improve school readiness and 

11 strengthen collaboration and coordination 

12 among elementary schools and early childhood 

13 care and education; and 

14 ‘‘(2) support the rapid development, expansion, 

15 adoption, and implementation of tools and resources 

16 that improve the efficiency, effectiveness, or pace of 

17 adoption of such educational practices, programs, 

18 and strategies. 

19 ‘‘SEC. 5202. RESERVATIONS. 

20 ‘‘(a) ARPA-ED.—The Secretary may reserve not 

21 more than 30 percent of the funds appropriated under sec22 tion 3(s) for each fiscal year to carry out the activities 

23 of the Advanced Research Projects Agency-Education es24 tablished under section 221 of the Department of EduVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00665 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 cation Organization Act, except that the amount so re2 served for any fiscal year shall not exceed $100,000,000. 

3 ‘‘(b) NATIONAL ACTIVITIES.—From the amount re4 maining after a reservation made under subsection (a), the 

5 Secretary may reserve not more than 5 percent of the 

6 funds appropriated under section 3(s) for any fiscal year 

7 to carry out activities of national significance. Such activi8 ties may include— 

9 ‘‘(1) capacity-building; 

10 ‘‘(2) technical assistance; 

11 ‘‘(3) dissemination of best practices developed 

12 with grant funds provided under this part; and 

13 ‘‘(4) carrying out prize awards consistent with 

14 section 24 of the Stevenson-Wydler Technology In15 novation Act of 1980 (15 U.S.C. 3719). 

16 ‘‘(c) AVAILABILITY OF FUNDS.—Funds for the activi17 ties described in subsection (a), and for prize awards 

18 under subsection (b)(4), shall be available until expended. 

19 ‘‘SEC. 5203. PROGRAM AUTHORIZED; LENGTH OF GRANTS; 

20 PRIORITIES. 

21 ‘‘(a) PROGRAM AUTHORIZATION.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall use 

23 funds made available to carry out this part for a fis24 cal year to award grants, on a competitive basis, to 

25 eligible entities. 


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1 ‘‘(2) ELIGIBLE ENTITY.—In this part, the term 

2 ‘eligible entity’ means— 

3 ‘‘(A) a local educational agency or a con4 sortium of local educational agencies; or 

5 ‘‘(B) a partnership between a nonprofit or6 ganization or an educational service agency 

7 and— 

8 ‘‘(i) 1 or more local educational agen9 cies; or 

10 ‘‘(ii) a consortium of public schools. 

11 ‘‘(b) DURATION OF GRANTS.—The Secretary— 

12 ‘‘(1) shall award grants under this part for a 

13 period of not more than 3 years; and 

14 ‘‘(2) may extend such grants for an additional 

15 2-year period if the grantee demonstrates to the Sec16 retary that it is making significant progress on the 

17 program performance measures identified in section 

18 5206. 

19 ‘‘(c) RURAL SET-ASIDE.—The Secretary shall ensure 

20 that not less than 22 percent of the funds awarded under 

21 subsection (a) for any fiscal year are for projects that meet 

22 both of the following requirements, except that the Sec23 retary shall not be required to make such awards unless 

24 a sufficient number of otherwise eligible high quality appli25 cations are received: 


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1 ‘‘(1) The eligible entity includes— 

2 ‘‘(A) a local educational agency with an 

3 urban-centric district locale code of 32, 33, 41, 

4 42, or 43, as determined by the Secretary; 

5 ‘‘(B) a consortium of such local edu6 cational agencies; or 

7 ‘‘(C) if the applicant is a partnership, an 

8 educational service agency or a nonprofit orga9 nization with demonstrated expertise in serving 

10 students from rural areas. 

11 ‘‘(2) A majority of the schools to be served by 

12 the project are designated with a school locale code 

13 of 41, 42, or 43, or a combination of such codes, as 

14 determined by the Secretary, and— 

15 ‘‘(A) are served by a local educational 

16 agency in which 20 percent or more of the chil17 dren ages 5 through 17 years old are from fam18 ilies with incomes below the poverty line; 

19 ‘‘(B) are served by a local educational 

20 agency in which the total number of students in 

21 average daily attendance at all of the schools 

22 served by the local educational agency is fewer 

23 than 600; or 

24 ‘‘(C) are served by a local educational 

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1 ulation density of fewer than 10 persons per 

2 square mile. 

3 ‘‘(d) PRIORITIES.—In awarding grants under this 

4 part, the Secretary shall give priority to an eligible entity 

5 that includes, in its application under section 5204, a plan 

6 to— 

7 ‘‘(1) address the needs of high-need local edu8 cational agencies; 

9 ‘‘(2) improve school readiness; or 

10 ‘‘(3) address the unique learning needs of stu11 dents who are children with disabilities or English 

12 learners. 

13 ‘‘(e) STANDARDS OF EVIDENCE.—The Secretary 

14 shall set standards for the quality of evidence that an ap15 plicant shall provide in order to demonstrate that the ac16 tivities it proposes to carry out with funds under this part 

17 are likely to succeed in improving student outcomes, in18 cluding academic achievement and graduation rates. 

19 These standards shall include the following: 

20 ‘‘(1) Strong evidence that the activities pro21 posed by the applicant will have a statistically sig22 nificant effect on student outcomes. 

23 ‘‘(2) Moderate evidence that the activities pro24 posed by the applicant will improve outcomes. 


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1 ‘‘(3) A rationale based on research findings or 

2 a reasonable hypothesis that the activities proposed 

3 by the applicant will improve student outcomes. 

4 ‘‘(f) SUPPORT FOR NEW PRACTICES, STRATEGIES, 

5 OR PROGRAMS.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

7 that not less than one-half of the funds awarded 

8 under subsection (a) for any fiscal year are for 

9 projects that— 

10 ‘‘(A) meet an evidence standard described 

11 in paragraph (2) or (3) of subsection (e); and 

12 ‘‘(B) do not meet the evidence standard 

13 described in paragraph (1) of subsection (e). 

14 ‘‘(2) EXCEPTION.—The Secretary shall not be 

15 required to make the awards described in paragraph 

16 (1) unless a sufficient number of otherwise eligible 

17 high-quality applications are received. 

18 ‘‘SEC. 5204. APPLICATIONS. 

19 ‘‘Each eligible entity that desires to receive a grant 

20 under this part shall submit an application to the Sec21 retary at such time, in such manner, and containing such 

22 information as the Secretary may reasonably require. At 

23 a minimum, each application shall— 

24 ‘‘(1) describe the project for which the appli25 cant is seeking a grant and how the evidence supVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00670 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 porting that project meets the standards of evidence 

2 established by the Secretary under section 5203(e); 

3 ‘‘(2) describe how the applicant will address at 

4 least 1 of the areas described in section 5205(a)(1); 

5 ‘‘(3) provide an estimate of the number of chil6 dren that the applicant plans to serve under the pro7 posed project, including the percentage of those chil8 dren who are from low-income families; 

9 ‘‘(4) demonstrate that the applicant has estab10 lished 1 or more partnerships with public or private 

11 organizations and that the partner or partners will 

12 provide matching funds, except that the Secretary 

13 may waive the matching funds requirement on a 

14 case-by-case basis, upon a showing of exceptional 

15 circumstances; 

16 ‘‘(5) describe the applicant’s plan for continuing 

17 the proposed project after funding under this part 

18 ends; 

19 ‘‘(6) if the applicant is a local educational agen20 cy— 

21 ‘‘(A) document the local educational agen22 cy’s record during the previous 3 years in— 

23 ‘‘(i) increasing student achievement, 

24 including achievement for each subgroup of 


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1 students described in section 

2 1111(a)(2)(B)(ix); and 

3 ‘‘(ii) closing achievement gaps; and 

4 ‘‘(B) demonstrate how the local edu5 cational agency has made significant improve6 ments in other outcomes, as applicable, on the 

7 performance measures described in section 

8 5206; 

9 ‘‘(7) if the applicant is a partnership that in10 cludes a nonprofit organization, provide evidence 

11 that the nonprofit organization has helped at least 

12 1 school or local educational agency, during the pre13 vious 3 years, significantly— 

14 ‘‘(A) increase student achievement, includ15 ing achievement for each subgroup of students 

16 described in section 1111(a)(2)(B)(ix); and 

17 ‘‘(B) close achievement gaps; 

18 ‘‘(8) provide a description of the applicant’s 

19 plan for independently evaluating the effectiveness of 

20 activities carried out with funds under this part; 

21 ‘‘(9) provide an assurance that the applicant 

22 will— 

23 ‘‘(A) cooperate with evaluations, as re24 quested by the Secretary; 


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1 ‘‘(B) make data available to third parties 

2 for validation and further study; and 

3 ‘‘(C) participate in communities of prac4 tice; and 

5 ‘‘(10) if the applicant is a partnership that in6 cludes a nonprofit organization that intends to make 

7 subgrants, consistent with section 5205(b), provide 

8 an assurance that the applicant will apply para9 graphs (1) through (9), as appropriate, in its selec10 tion of subgrantees and in its oversight of those sub11 grants. 

12 ‘‘SEC. 5205. USES OF FUNDS. 

13 ‘‘(a) USES OF FUNDS.— 

14 ‘‘(1) MANDATORY USES.—Each eligible entity 

15 that receives a grant under this part shall carry out 

16 the following: 

17 ‘‘(A) Use the grant funds to carry out, at 

18 a minimum, 1 of the following activities: 

19 ‘‘(i) Improving the effectiveness of 

20 teachers and school leaders and increasing 

21 equity in the distribution of effective teach22 ers and school leaders. 

23 ‘‘(ii) Strengthening the use of data to 

24 improve teaching and learning. 


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1 ‘‘(iii) Providing high-quality instruc2 tion based on college and career ready 

3 standards and measuring students’ mas4 tery of standards using high-quality assess5 ments aligned with those standards. 

6 ‘‘(iv) Turning around the lowest-per7 forming schools. 

8 ‘‘(v) Improving school readiness for 

9 students who are low-income, English 

10 learners, and children with disabilities. 

11 ‘‘(vi) Other areas relating to school 

12 improvement consistent with the purposes 

13 of this part, as determined by the Sec14 retary. 

15 ‘‘(B) Use the grant funds to develop or ex16 pand strategies to improve the performance of 

17 high-need students on the performance meas18 ures described in section 5206. 

19 ‘‘(2) PERMISSIVE USE OF FUNDS.—Each eligi20 ble entity that receives a grant under this part may 

21 use the grant funds for an independent evaluation, 

22 as required under section 5204(a)(8), of the innova23 tive practice carried out with the grant. 

24 ‘‘(b) AUTHORITY TO SUBGRANT.— 


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1 ‘‘(1) IN GENERAL.—If an eligible entity that re2 ceives a grant under this part includes a nonprofit 

3 organization, such nonprofit organization may use 

4 the grant funds to award subgrants to other entities 

5 to provide support to 1 or more schools or local edu6 cational agencies. 

7 ‘‘(2) COMPLIANCE WITH REQUIREMENTS OF

8 GRANTEES.—Each entity awarded a subgrant under 

9 paragraph (1) shall comply with the requirements of 

10 this part relating to grantees, as appropriate. 

11 ‘‘SEC. 5206. PERFORMANCE MEASURES. 

12 ‘‘The Secretary shall establish performance measures 

13 for the programs and activities carried out under this part. 

14 These measures, at a minimum, shall track the grantee’s 

15 progress in improving outcomes for each subgroup of stu16 dents described in section 1111(a)(2)(B)(ix) that is served 

17 by the grantee, including, as applicable, by— 

18 ‘‘(1) increasing student achievement and de19 creasing achievement gaps; 

20 ‘‘(2) increasing high school graduation rates; 

21 ‘‘(3) increasing college enrollment rates and 

22 rates of college persistence; 

23 ‘‘(4) improving teacher and school leader effec24 tiveness; 

25 ‘‘(5) improving school readiness; and 


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1 ‘‘(6) any other indicator as the Secretary or 

2 grantee may determine. 

3 ‘‘SEC. 5207. REPORTING. 

4 ‘‘An eligible entity that receives a grant under this 

5 part shall submit to the Secretary, at such time and in 

6 such manner as the Secretary may require, an annual re7 port that includes, among other things, information on the 

8 entity’s progress on the performance measures established 

9 under section 5206, and the data supporting that 

10 progress.’’. 

11 PART C—MAGNET SCHOOLS ASSISTANCE 

12 SEC. 5301. FINDINGS AND PURPOSE. 

13 Section 5301 (20 U.S.C. 7231) is amended— 

14 (1) in subsection (a)— 

15 (A) by striking paragraph (2) and insert16 ing the following: 

17 ‘‘(2) The use of magnet schools has increased 

18 dramatically since the inception of the magnet 

19 schools assistance program under this Act, with 

20 more than 1,500,000 students nationwide attending 

21 such schools.’’; and 

22 (B) in paragraph (4), by striking subpara23 graph (B) and inserting the following: 

24 ‘‘(B) to ensure that all students have equi25 table access to a high-quality public education 


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1 that will prepare them to succeed in a highly 

2 competitive economy comprised of people from 

3 many different racial and ethnic backgrounds; 

4 and’’; and 

5 (2) in subsection (b)— 

6 (A) in paragraph (2)— 

7 (i) by inserting ‘‘, particularly whole8 school programs,’’ after ‘‘magnet school 

9 programs’’; and 

10 (ii) by striking ‘‘challenging State aca11 demic content standards and student aca12 demic achievement standards’’ and insert13 ing ‘‘college and career ready State aca14 demic content standards and student aca15 demic achievement standards under section 

16 1111(a)’’; and 

17 (B) by striking paragraphs (3) and (4) and 

18 inserting the following: 

19 ‘‘(3) the development and design of evidence20 based educational methods and practices that pro21 mote diversity and increase high-quality public edu22 cational options; 

23 ‘‘(4) courses of instruction within magnet 

24 schools that will substantially increase the college 


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1 and career readiness of students attending such 

2 schools;’’. 

3 SEC. 5302. PROGRAM AUTHORIZED. 

4 Section 5303 (20 U.S.C. 7231b) is amended, in the 

5 matter preceding paragraph (1), by inserting ‘‘competi6 tive’’ after ‘‘to award’’. 

7 SEC. 5303. APPLICATIONS AND REQUIREMENTS. 

8 Section 5305 (20 U.S.C. 7231d) is amended— 

9 (1) by striking subsection (b) and inserting the 

10 following: 

11 ‘‘(b) INFORMATION AND ASSURANCES.—Each appli12 cation submitted under subsection (a) shall include— 

13 ‘‘(1) a description of— 

14 ‘‘(A) how a grant awarded under this part 

15 will be used to— 

16 ‘‘(i) improve student academic 

17 achievement for all students and subgroups 

18 of students described in section 

19 1111(a)(2)(B)(ix) attending the magnet 

20 school program; and 

21 ‘‘(ii) promote desegregation, including 

22 how the proposed magnet school program 

23 will increase interaction among students of 

24 different social, economic, ethnic, and ra25 cial backgrounds, including the policies, 


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1 programs, and activities aimed at increas2 ing interaction among such students; 

3 ‘‘(B)(i) a description of the evidence that 

4 the magnet school program that the applicant 

5 proposes to implement would improve student 

6 academic achievement and reduce minority 

7 group isolation; or 

8 ‘‘(ii) if such evidence is not available, a ra9 tionale, based on current research findings, for 

10 how the program would improve student aca11 demic achievement and reduce minority group 

12 isolation; 

13 ‘‘(C) how the applicant will continue the 

14 magnet school program after assistance under 

15 this part is no longer available, and, if applica16 ble, an explanation of why magnet schools es17 tablished or supported by the applicant with 

18 grant funds under this part cannot be contin19 ued without the use of grant funds under this 

20 part; 

21 ‘‘(D) how grant funds under this part will 

22 be used— 

23 ‘‘(i) to improve student academic 

24 achievement for all students attending the 

25 magnet school programs; and 


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1 ‘‘(ii) to implement services and activi2 ties that are consistent with other pro3 grams under this Act, and other Acts, as 

4 appropriate; 

5 ‘‘(E) the student application process, and 

6 selection criteria, if any, to be used by the pro7 posed magnet school program; 

8 ‘‘(F) how the applicant will conduct out9 reach and disseminate information about the 

10 proposed magnet school program, including the 

11 application and selection process, in a timely, 

12 clear, and accessible manner to all students and 

13 their parents and families and, to the extent 

14 practicable, in a language they can understand; 

15 and 

16 ‘‘(G) how the applicant will assess, mon17 itor, and evaluate the impact of the activities 

18 funded under this part on student academic 

19 achievement and integration; and 

20 ‘‘(2) assurances that the applicant will— 

21 ‘‘(A) use grant funds under this part for 

22 the purpose specified in section 5301(b); 

23 ‘‘(B) employ highly rated school leaders 

24 and teachers in the courses of instruction as25 sisted under this part; 


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1 ‘‘(C) not engage in discrimination based on 

2 race, religion, color, national origin, sex, or dis3 ability in— 

4 ‘‘(i) the hiring, promotion, or assign5 ment of employees of the applicant or 

6 other personnel for whom the applicant has 

7 any administrative responsibility; 

8 ‘‘(ii) the assignment of students to 

9 schools, or to courses of instruction within 

10 the schools, of such applicant, except to 

11 carry out the approved plan; and 

12 ‘‘(iii) designing or operating extra13 curricular activities for students; 

14 ‘‘(D) carry out a high-quality education 

15 program that will result in greater parent and 

16 family decisionmaking and engagement; and 

17 ‘‘(E) give students residing in the local at18 tendance area of the proposed magnet school 

19 program equitable consideration for placement 

20 in the program, consistent with desegregation 

21 guidelines and the capacity of the applicant to 

22 accommodate the students.’’; and 

23 (2) in subsection (c), by striking ‘‘will be met’’ 

24 and inserting ‘‘are being met’’. 


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1 SEC. 5304. PRIORITY. 

2 Section 5306 (20 U.S.C. 7231e) is amended by strik3 ing paragraphs (1), (2), and (3), and inserting the fol4 lowing: 

5 ‘‘(1) have the highest quality applications or 

6 demonstrate the greatest need for assistance, based 

7 on the expense or difficulty of effectively carrying 

8 out approved desegregation plans and the magnet 

9 school program for which the grant is sought; 

10 ‘‘(2) propose to carry out new magnet school 

11 programs, significantly revise existing magnet school 

12 programs, or significantly expand magnet school 

13 programs, in a manner that— 

14 ‘‘(A) is aligned with other programs that 

15 have demonstrated a record of success in in16 creasing student academic achievement and re17 ducing minority group isolation; or 

18 ‘‘(B) has a strong research basis for im19 proving student academic achievement and re20 ducing minority group isolation; 

21 ‘‘(3) select, or propose to select, students to at22 tend magnet school programs solely or primarily by 

23 lottery, rather than through academic examination 

24 or other selective enrollment methods; and 

25 ‘‘(4) propose to serve the entire student popu26 lation of a school.’’. 


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1 SEC. 5305. USE OF FUNDS. 

2 Section 5307 (20 U.S.C. 7231f) is amended— 

3 (1) in subsection (a), by striking paragraphs 

4 (1) through (7) and inserting the following: 

5 ‘‘(1) for planning, outreach, and promotional 

6 activities directly related to the development, expan7 sion, continuation, or enhancement of academic pro8 grams and services offered at magnet schools; 

9 ‘‘(2) for the acquisition of books, educational 

10 technology, materials, and equipment necessary to 

11 conduct programs in magnet schools; 

12 ‘‘(3) for— 

13 ‘‘(A) the compensation, or subsidization of 

14 the compensation, of elementary school and sec15 ondary school teachers, leaders, and other in16 structional staff who are highly rated; and 

17 ‘‘(B) high-quality professional development 

18 and staff capacity-building activities, including 

19 those designed to recruit, prepare, support, and 

20 retain highly rated school teachers, leaders, and 

21 other instructional staff; 

22 ‘‘(4) with respect to a magnet school program 

23 offered to less than the entire student population of 

24 a school, for instructional activities that are designed 

25 to make available the special curriculum that is of26 fered by the magnet school program to students who 


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1 are enrolled in the school but who are not enrolled 

2 in the magnet school program; 

3 ‘‘(5) for activities, which may include the for4 mation of partnerships with public or nonprofit or5 ganizations to help enhance the program or promote 

6 parent and family decisionmaking and engagement 

7 that will build the recipient’s capacity to operate 

8 magnet school programs once the grant period has 

9 ended; 

10 ‘‘(6) to enable the local educational agency, or 

11 consortium of such agencies, to have more flexibility 

12 in designing magnet schools for students in all 

13 grades; and 

14 ‘‘(7) for other operational costs that cannot be 

15 met with other State or local sources.’’; and 

16 (2) in subsection (b), by striking ‘‘based on the 

17 State’s challenging academic content standards and 

18 student academic achievement standards or directly 

19 related to improving student reading skills or knowl20 edge of mathematics, science, history, geography, 

21 English, foreign languages, art, or music, or to im22 proving vocational, technological, and professional 

23 skills’’ and inserting ‘‘and growth and leading to 

24 students being on track to college and career readi25 ness’’. 


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1 SEC. 5306. LIMITATIONS. 

2 Section 5309 (20 U.S.C. 7231h) is amended— 

3 (1) in subsection (a), by striking ‘‘a period that 

4 shall not exceed 3 fiscal years’’ and inserting ‘‘an 

5 initial period of not more than 3 fiscal years, and 

6 may be renewed for not more than an additional 2 

7 years if the Secretary finds that the grantee is 

8 achieving the intended outcomes of the grant and 

9 shows improvement in increasing student academic 

10 achievement and reducing minority-group isolation, 

11 and other indicators of success established by the 

12 Secretary’’; and 

13 (2) in subsection (b)— 

14 (A) by striking ‘‘50’’ and inserting ‘‘40’’; 

15 and 

16 (B) by striking ‘‘15’’ and inserting ‘‘10’’. 

17 SEC. 5307. EVALUATIONS. 

18 Section 5310 (20 U.S.C. 7231i) is amended to read 

19 as follows: 

20 ‘‘SEC. 5310. EVALUATIONS. 

21 ‘‘(a) IMPACT OF ACTIVITIES.—From the amount re22 served for evaluation activities in accordance with section 

23 9601(a), the Secretary, acting through the Director of the 

24 Institute of Education Sciences, shall, in consultation with 

25 the relevant program office at the Department, evaluate 


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1 the implementation and impact of the activities supported 

2 under this part, consistent with section 9601, including— 

3 ‘‘(1) how, and the extent to which, magnet 

4 school programs lead to educational quality and im5 provement; 

6 ‘‘(2) the extent to which magnet school pro7 grams enhance student access to a high quality edu8 cation; 

9 ‘‘(3) the extent to which magnet school pro10 grams lead to the elimination, reduction, or preven11 tion of minority group isolation in elementary 

12 schools and secondary schools with substantial pro13 portions of minority students; and 

14 ‘‘(4) the extent to which magnet school pro15 grams differ from other school programs in terms of 

16 the organizational characteristics and resource allo17 cations of such magnet school programs. 

18 ‘‘(b) DISSEMINATION.—The Secretary shall collect 

19 and disseminate to the general public information on suc20 cessful magnet school programs.’’. 

21 SEC. 5308. AVAILABILITY OF FUNDS FOR GRANTS TO AGEN22 CIES NOT PREVIOUSLY ASSISTED. 

23 Section 5311 (20 U.S.C. 7231j) is amended to read 

24 as follows: 


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1 ‘‘SEC. 5311. AVAILABILITY OF FUNDS FOR GRANTS TO 

2 AGENCIES NOT PREVIOUSLY ASSISTED. 

3 ‘‘For any fiscal year for which the amount appro4 priated pursuant to section 3(t) exceeds $75,000,000, the 

5 Secretary shall give priority in using such amounts in ex6 cess of $75,000,000 to awarding grants to local edu7 cational agencies or consortia of such agencies that did 

8 not receive a grant under this part for the preceding fiscal 

9 year.’’. 

10 PART D—PUBLIC CHARTER SCHOOLS 

11 SEC. 5401. PUBLIC CHARTER SCHOOLS. 

12 Part D of title V (20 U.S.C. 7241 et seq.) is amended 

13 to read as follows: 

14 ‘‘PART D—PUBLIC CHARTER SCHOOLS 

15 ‘‘SEC. 5401. PURPOSE. 

16 ‘‘The purpose of this part is to support the creation, 

17 expansion, and replication of high-performing charter 

18 schools that serve the needs and increase the academic 

19 achievement of all students. 

20 ‘‘SEC. 5402. DISTRIBUTION OF FUNDS. 

21 ‘‘From the funds appropriated to carry out this part 

22 for a fiscal year— 

23 ‘‘(1) 85 percent shall be available to carry out 

24 subpart 1; and 

25 ‘‘(2) 15 percent shall be available to carry out 

26 subpart 2. 


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1 ‘‘Subpart 1—Successful Charter Schools Program 

2 ‘‘SEC. 5411. DEFINITIONS. 

3 ‘‘In this subpart: 

4 ‘‘(1) CHARTER SCHOOL.—The term ‘charter 

5 school’ means a public school that— 

6 ‘‘(A) is governed by a separate and inde7 pendent board that exercises authority over 1 or 

8 more schools, including authority in the areas 

9 of governance, personnel, budget, schedule, and 

10 instructional program; 

11 ‘‘(B) has ongoing, significant autonomy in 

12 the areas of— 

13 ‘‘(i) the hiring, replacement, and sala14 ries of the school staff; 

15 ‘‘(ii) the school budget; 

16 ‘‘(iii) scheduling formats for the 

17 school day and school year; 

18 ‘‘(iv) the instructional programs of the 

19 school, including instructional models and 

20 curricula; and 

21 ‘‘(v) the management and daily oper22 ation of the school; 

23 ‘‘(C) in accordance with a specific State 

24 statute authorizing the granting of charters to 

25 schools, is exempt from significant State or 

26 local rules that inhibit the flexible operation 


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1 and management of public schools, but not 

2 from any rules relating to the other require3 ments of this paragraph; 

4 ‘‘(D) is created by a developer as a public 

5 school, or is adapted by a developer from an ex6 isting public school, and is operated under pub7 lic supervision and direction; 

8 ‘‘(E) operates in pursuit of a specific set of 

9 educational objectives determined by the 

10 school’s developer and agreed to by the charter 

11 school authorizer; 

12 ‘‘(F) provides 1 or more programs of ele13 mentary education, secondary education, or 

14 both, and may also provide early childhood edu15 cation and care or adult education, in accord16 ance with State law; 

17 ‘‘(G) is nonsectarian in its programs, ad18 missions policies, employment practices, and all 

19 other operations, and is not affiliated with a 

20 sectarian school or religious institution; 

21 ‘‘(H) does not charge tuition; 

22 ‘‘(I) complies with the Age Discrimination 

23 Act of 1975, title VI of the Civil Rights Act of 

24 1964, title IX of the Education Amendments of 

25 1972, section 504 of the Rehabilitation Act of 


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1 1973, title II of the Americans with Disabilities 

2 Act of 1990, and part B of the Individuals with 

3 Disabilities Education Act; 

4 ‘‘(J) is a school to which parents choose to 

5 send their children, and that admits students 

6 on the basis of a lottery if more students apply 

7 for admission than can be accommodated, ex8 cept as modified by the Secretary by regulation 

9 in accordance with clause (v) or (vi) of section 

10 1116(c)(6)(B); 

11 ‘‘(K) complies with the same Federal and 

12 State audit requirements as do other elemen13 tary schools, secondary schools, and early child14 hood education and care and adult education 

15 programs, as applicable, in the State, unless 

16 such requirements are specifically waived for 

17 the purpose of this program; 

18 ‘‘(L) meets all applicable Federal, State, 

19 and local health and safety requirements; 

20 ‘‘(M) operates in accordance with State 

21 law; and 

22 ‘‘(N) has a written performance contract 

23 with a charter school authorizer that includes— 


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1 ‘‘(i) a description of how student per2 formance will be measured on the basis 

3 of— 

4 ‘‘(I) State assessments that are 

5 required of other public schools; and 

6 ‘‘(II) any other assessments that 

7 are mutually agreeable to the charter 

8 school authorizer and the charter 

9 school; 

10 ‘‘(ii) a requirement that student aca11 demic achievement and growth, consistent 

12 with section 1111, for the students en13 rolled at the school as a whole and for each 

14 subgroup described in section 

15 1116(b)(1)(B) will be used as a primary 

16 factor in decisions about the renewal or 

17 revocation of the charter, in addition to 

18 other criteria, as appropriate; 

19 ‘‘(iii) the student academic achieve20 ment, growth (consistent with section 

21 1111), and student retention goals, and, in 

22 the case of a high school, graduation rate 

23 goals for the students enrolled at the 

24 school as a whole and for each subgroup 

25 described in section 1116(b)(1)(B), and 


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1 any other goals to be achieved by the end 

2 of the contract period; 

3 ‘‘(iv) the obligations and responsibil4 ities of the charter school and the charter 

5 school authorizer; and 

6 ‘‘(v) a description of the autonomy 

7 that will be granted to the charter school 

8 in each area described under subparagraph 

9 (B). 

10 ‘‘(2) CHARTER SCHOOL AUTHORIZER.—The 

11 term ‘charter school authorizer’ means any public or 

12 nonprofit entity that has the authority under State 

13 law, and is approved by the Secretary, to authorize 

14 or approve a public charter school. 

15 ‘‘(3) DEVELOPER.—The term ‘developer’ means 

16 any individual, group of individuals, or public non17 profit organization that— 

18 ‘‘(A) has applied for, or been granted, a 

19 charter for a charter school; or 

20 ‘‘(B) has received authorization to start a 

21 charter school. 

22 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en23 tity’ means— 

24 ‘‘(A) a State educational agency; 


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1 ‘‘(B) a local educational agency, except a 

2 charter school that is considered a local edu3 cational agency under State law; 

4 ‘‘(C) a charter school authorizer; or 

5 ‘‘(D) a charter management organization. 

6 ‘‘(5) EXPAND.—The term ‘expand’ means to in7 crease the student enrollment of an existing high8 performing charter school by more than 50 percent 

9 or through the addition of not less than 2 grades to 

10 such existing charter school over the course of a 

11 grant or subgrant under this part. 

12 ‘‘(6) HIGH-PERFORMING CHARTER SCHOOL.— 

13 The term ‘high-performing charter school’ means— 

14 ‘‘(A) in the case of a charter school that 

15 was not open or did not enroll students in the 

16 preceding school year, a charter school that has 

17 a written performance contract with a charter 

18 school authorizer that includes, for the students 

19 enrolled at the school as a whole and for each 

20 subgroup described in section 1116(b)(1)(B) for 

21 the most recent year for which such data are 

22 available— 

23 ‘‘(i) student academic achievement 

24 and growth goals (as measured, in the case 

25 of a charter school that is an elementary 


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1 school or secondary school, by performance 

2 on the statewide academic assessments re3 quired under section 1111(a)(2) and indi4 vidual academic growth, consistent with 

5 section 1111) that are higher than the av6 erage student academic achievement and 

7 growth results, consistent with section 

8 1111, in demographically similar schools in 

9 the State; 

10 ‘‘(ii) student retention goals that are 

11 similar to, or greater than, the average 

12 student retention rates in demographically 

13 similar schools in the State; and 

14 ‘‘(iii) if the charter school is a high 

15 school, goals for graduation rates, rates of 

16 student enrollment at institutions of higher 

17 education, and rates of student persistence 

18 at institutions of higher education that are 

19 higher than such average rates in demo20 graphically similar schools in the State; or 

21 ‘‘(B) in the case of a charter school that 

22 was open and enrolled students for the pre23 ceding school year, a charter school that has, 

24 for the students enrolled at the school as a 

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1 tion 1116(b)(1)(B) for the most recent year for 

2 which such data are available— 

3 ‘‘(i) student academic achievement 

4 and growth results (as measured, in the 

5 case of a charter school that is an elemen6 tary school or secondary school, by per7 formance on the statewide academic as8 sessments required under section 

9 1111(a)(2) and individual academic 

10 growth, consistent with section 1111) that 

11 are significantly higher than the average 

12 student academic achievement and growth 

13 results, consistent with section 1111, in de14 mographically similar schools in the State; 

15 ‘‘(ii) student retention rates that are 

16 similar to or higher than the average stu17 dent retention rates in demographically 

18 similar schools in the State; and 

19 ‘‘(iii) if the school is a high school, 

20 higher graduation rates, rates of student 

21 enrollment at institutions of higher edu22 cation, and rates of student persistence at 

23 institutions of higher education than such 

24 average rates in demographically similar 

25 schools in the State. 


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1 ‘‘(7) REPLICATE.—The term ‘replicate’ means 

2 that an existing high-performing charter school will 

3 open 1 or more new campuses under a new or exist4 ing charter, or both, over the course of a grant or 

5 subgrant under this part. 

6 ‘‘SEC. 5412. PROGRAM AUTHORIZED. 

7 ‘‘(a) IN GENERAL.—From the amount available to 

8 carry out this subpart, the Secretary shall award grants, 

9 on a competitive basis, to eligible entities to enable such 

10 eligible entities to award subgrants to developers to create, 

11 expand, or replicate 1 or more high-performing charter 

12 schools, including through conversion of an existing school 

13 into a charter school. 

14 ‘‘(b) ALLOCATIONS.—The Secretary shall use not less 

15 than 65 percent of funds to award grants to eligible enti16 ties described in 5411(4)(A). 

17 ‘‘(c) CONSIDERATIONS.—In awarding grants under 

18 this subpart, the Secretary shall consider— 

19 ‘‘(1) the geographic diversity of the eligible en20 tities, including the distribution of grants among 

21 urban, suburban, and rural areas; and 

22 ‘‘(2) the number of eligible entities in a State 

23 that are receiving grants under this subpart in any 

24 fiscal year. 

25 ‘‘(d) GRANT AMOUNT.— 


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1 ‘‘(1) In determining the amount of each grant 

2 to be awarded under subsection (a), the Secretary 

3 shall consider— 

4 ‘‘(A) the number of operating charter 

5 schools under the jurisdiction or in the service 

6 area of the eligible entity; 

7 ‘‘(B) to the extent practicable, the number 

8 of students, including students on charter 

9 school waiting lists, that will be served by high10 performing charter schools that receive funds 

11 under this subpart; and 

12 ‘‘(C) the amount of funds that is needed to 

13 implement the activities described in the ap14 proved application. 

15 ‘‘(e) DURATION.— 

16 ‘‘(1) IN GENERAL.—Each grant awarded under 

17 this subpart shall be for an initial period of not 

18 more than 3 years. 

19 ‘‘(2) RENEWAL.—The Secretary may renew a 

20 grant awarded under this subpart for an additional 

21 period of not more than 2 years, if the eligible entity 

22 is achieving the objectives of the grant and has 

23 shown improvement on the performance measures 

24 and targets described in section 5417(a). 

25 ‘‘(f) LIMITATIONS.— 


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1 ‘‘(1) GRANTS.—An eligible entity described 

2 under subparagraph (A) of section 5411(4) may not 

3 receive more than 1 grant at a time under this sec4 tion. 

5 ‘‘(2) SUBGRANTS.—A developer may not receive 

6 more than 1 grant or subgrant at a time under this 

7 section. 

8 ‘‘(g) RESERVATIONS.— 

9 ‘‘(1) ADMINISTRATIVE EXPENSES.—An eligible 

10 entity that receives a grant under this subpart may 

11 use not more than a total of 5 percent of grant 

12 funds for administrative expenses associated with 

13 the grant, including for improvement of the eligible 

14 entity’s oversight or management of charter schools. 

15 ‘‘(2) IMPROVING AUTHORIZER QUALITY.—An el16 igible entity described in subparagraph (A), (B), or 

17 (C) of section 5411(4), shall use 5 percent of grant 

18 funds for improving authorizer quality, including 

19 charter school oversight and monitoring systems and 

20 procedures for revoking or not renewing charters. 

21 ‘‘(h) WAIVER.—The Secretary may waive a statutory 

22 or regulatory requirement over which the Secretary exer23 cises administrative authority, except a requirement de24 scribed in section 5411(1), if— 


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1 ‘‘(1) the waiver is requested in an approved ap2 plication under this subpart; and 

3 ‘‘(2) the Secretary determines that granting the 

4 waiver will promote the purpose of this subpart. 

5 ‘‘SEC. 5413. APPLICATIONS. 

6 ‘‘(a) IN GENERAL.—Each eligible entity desiring a 

7 grant under this subpart shall submit an application to 

8 the Secretary at such time, in such manner, and con9 taining such information and assurances as the Secretary 

10 may require. 

11 ‘‘(b) CONTENTS.— 

12 ‘‘(1) ELIGIBLE ENTITIES.—At a minimum, the 

13 application described in subsection (a) shall include 

14 a description of — 

15 ‘‘(A) how the eligible entity will use grant 

16 funds to create, expand, or replicate 1 or more 

17 high-performing charter schools; 

18 ‘‘(B) the need for the high-performing 

19 charter schools that the eligible entity seeks to 

20 support, including information that dem21 onstrates the interest of parents and commu22 nities in increasing charter school enrollment 

23 capacity, such as the number of students who 

24 are on waiting lists for charter schools under 

25 the jurisdiction of the eligible entity; 


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1 ‘‘(C) the performance measures the eligible 

2 entity will use to measure outcomes; 

3 ‘‘(D) how the eligible entity will provide in4 formation and support to parents, families, and 

5 students regarding the available charter school 

6 options in a simple, clear, and easily accessible 

7 format and, to the extent practicable, in a lan8 guage that such parents, families, and students 

9 can understand; 

10 ‘‘(E) how the eligible entity will coordinate 

11 the grant funds received under this subpart 

12 with other Federal, State, and local funds; 

13 ‘‘(F) how the eligible entity will ensure 

14 that each charter school within such eligible en15 tity’s jurisdiction or service area— 

16 ‘‘(i) meets the requirements of section 

17 5411(1); and 

18 ‘‘(ii) provides equitable access and ef19 fectively serves the needs of all students, 

20 including children with disabilities and 

21 English learners, and implements outreach 

22 and recruitment practices that include 

23 families of such students; 

24 ‘‘(G) how the eligible entity will award sub25 grants to developers, on a competitive basis and 


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1 through a high-quality review process, including 

2 a description of the subgrant application; 

3 ‘‘(H) how the eligible entity will target 

4 subgrants to high-performing charter schools 

5 that plan to serve students who attend schools 

6 that have been identified through the State ac7 countability and improvement system described 

8 in section 1116; 

9 ‘‘(I) the eligible entity’s record, if applica10 ble, of success in creating, expanding, repli11 cating, managing, and overseeing high-per12 forming charter schools, and closing unsuccess13 ful schools; 

14 ‘‘(J) how the eligible entity will hold char15 ter schools within such eligible entity’s jurisdic16 tion accountable if such schools do not meet the 

17 objectives specified in the performance contract 

18 described in section 5411(1)(N), including by 

19 closing unsuccessful schools; and 

20 ‘‘(K) how charter school authorizers are 

21 approved, monitored, held accountable for es22 tablishing rigorous standards, periodically re23 viewed, and re-approved in the State in which 

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1 ter school authorizers authorize, including in 

2 the areas of student safety, financial manage3 ment, and compliance with all applicable stat4 utes and regulations. 

5 ‘‘(2) STATE EDUCATIONAL AGENCIES.—Each 

6 eligible entity described in section 5411(4)(A) shall 

7 include in the application described in paragraph (1) 

8 (in addition to the requirements of such paragraph), 

9 the following: 

10 ‘‘(A) A description of the State’s laws, 

11 policies, or procedures, if applicable, that ad12 dress— 

13 ‘‘(i) how decisions are made to close 

14 unsuccessful charter schools, and how stu15 dent academic achievement and growth, 

16 consistent with section 1111, for all stu17 dents and for each subgroup of students 

18 described in section 1116(b)(1)(B), is a 

19 primary factor in such decisions; 

20 ‘‘(ii) how charter schools are mon21 itored and held accountable for— 

22 ‘‘(I) meeting the requirements 

23 described in section 5411(1); and 

24 ‘‘(II) providing equitable access 

25 and effectively serving the needs of all 


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1 students, including students with dis2 abilities and English learners; and 

3 ‘‘(iii) how a charter school that is con4 sidered a local educational agency under 

5 State law, or a local educational agency in 

6 which a charter school is located, will com7 ply with subsections (a)(5) and (e)(1)(B) 

8 of section 613 of the Individuals with Dis9 abilities Education Act. 

10 ‘‘(B) Information about the eligible entity’s 

11 record of funding charter schools, including 

12 funding charter school facilities. 

13 ‘‘(C) Information about the number of 

14 charter schools in the State that— 

15 ‘‘(i) have been closed or have had 

16 charters revoked or not renewed in the pre17 ceding 5-year period, and the reasons for 

18 such closures, revocations, or nonrenewals; 

19 ‘‘(ii) have been identified through the 

20 State accountability and improvement sys21 tem described in section 1116 in the pre22 ceding 5-year period; 

23 ‘‘(iii) have met objectives specified in 

24 the performance contract described in sec25 tion 5411(1)(N); and 


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1 ‘‘(iv) the charter school authorizer has 

2 authorized that are high-performing char3 ter schools, and the percentage of such 

4 charter schools as compared to the total 

5 number of charter schools that the charter 

6 school authorizer has authorized. 

7 ‘‘(3) LOCAL EDUCATIONAL AGENCIES.—Each 

8 eligible entity described in section 5411(4)(B) shall 

9 include in the application described in paragraph (1) 

10 (in addition to the requirements described in such 

11 paragraph), a description of the eligible entity’s poli12 cies and procedures for— 

13 ‘‘(A) ensuring that charter schools under 

14 the jurisdiction of such eligible entity have equi15 table access to school facilities; 

16 ‘‘(B) complying with subsections (a)(5) 

17 and (e)(1)(B) of section 613 of the Individuals 

18 with Disabilities Education Act; and 

19 ‘‘(C) supporting public school choice. 

20 ‘‘(4) CHARTER SCHOOL AUTHORIZERS.—Each 

21 eligible entity described in section 5411(4)(C) shall 

22 include in the application described in paragraph (1) 

23 (in addition to the requirements of such paragraph), 

24 the following: 


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1 ‘‘(A) A demonstration that the eligible en2 tity has explicit and clear policies and proce3 dures in place for the approval, monitoring, re4 newal, and closure of charter schools, and an 

5 assurance that such policies and procedures 

6 make student academic achievement and 

7 growth, consistent with section 1111, for all 

8 students and for each subgroup of students de9 scribed in section 1116(b)(1)(B), a primary fac10 tor in such decisions. 

11 ‘‘(B) A description of how the eligible enti12 ty will make publicly available (in a clear and 

13 uniform format, a timely manner, and a form 

14 that is easily accessible, and, to the extent prac15 ticable, in a language that families and students 

16 can understand)— 

17 ‘‘(i) information about the criteria and 

18 procedures for granting, denying, revoking, 

19 and renewing charters for charter schools; 

20 and 

21 ‘‘(ii) the results of decisions relating 

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1 evant information on which each decision 

2 is based. 

3 ‘‘(C) Information about the number of 

4 charter schools that— 

5 ‘‘(i) the charter school authorizer has 

6 authorized that have been closed or have 

7 had charters revoked or not renewed by 

8 the eligible entity in the preceding 5-year 

9 period, and the reasons for such closures, 

10 revocations, or nonrenewals; 

11 ‘‘(ii) have been identified through the 

12 State accountability and improvement sys13 tem described in section 1116; 

14 ‘‘(iii) have met objectives specified in 

15 the performance contract described in sec16 tion 5411(1)(N); and 

17 ‘‘(iv) the charter school authorizer has 

18 authorized that are high-performing char19 ter schools, and the percentage of such 

20 charter schools as compared to the total 

21 number of charter schools that the charter 

22 school authorizer has authorized. 

23 ‘‘(5) CHARTER MANAGEMENT ORGANIZA24 TIONS.—Each eligible entity described in section 

25 5411(4)(D) shall include in the application described 


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1 in paragraph (1) (in addition to the requirements of 

2 such paragraph), a description of— 

3 ‘‘(A) the qualifications of such eligible enti4 ty’s management team; and 

5 ‘‘(B) a multi-year financial and operating 

6 model for each of the high-performing charter 

7 schools that such eligible entity will create, ex8 pand, or replicate under the grant. 

9 ‘‘(6) SPECIAL RULE.—In the case of a devel10 oper that plans to open a charter school in a juris11 diction or service area where no eligible entity will 

12 be awarding subgrants under this subpart for the 

13 fiscal year for which the developer applies, the Sec14 retary may award a grant to such developer if such 

15 developer has an approved application that includes 

16 the requirements described in subparagraphs (A) 

17 through (F) of paragraph (1) and paragraph (5). 

18 The requirements of subsections (b) and (c) of sec19 tion 5416 and section 5417(c) shall apply to a devel20 oper receiving a grant under this paragraph in the 

21 same manner as such sections apply to a developer 

22 receiving a subgrant under section 5416, except that 

23 the developer shall submit the data under section 

24 5417(c) directly to the Secretary. 


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1 ‘‘SEC. 5414. SELECTION CRITERIA; PRIORITY. 

2 ‘‘(a) SELECTION CRITERIA.— 

3 ‘‘(1) IN GENERAL.—In awarding grants to eligi4 ble entities under this subpart, the Secretary shall 

5 consider— 

6 ‘‘(A) the quality of the eligible entity’s ap7 plication; 

8 ‘‘(B) the eligible entity’s record, if applica9 ble, of success in creating, expanding, repli10 cating, managing, and overseeing high-per11 forming charter schools; 

12 ‘‘(C) the eligible entity’s record of dis13 continuing funding or closing low-performing 

14 charter schools, including, as applicable, by re15 voking or not renewing the charters of such 

16 charter schools, and the eligible entity’s com17 mitment to discontinuing funding or closing 

18 low-performing charter schools in the future; 

19 ‘‘(D) the extent to which the eligible entity 

20 demonstrates that such eligible entity will 

21 award subgrants targeted to serving students 

22 who attend schools that have been identified 

23 through the State accountability and improve24 ment system described in section 1116; 

25 ‘‘(E) the quality of the eligible entity’s 

26 plan for supporting subgrant recipients, 


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1 through such activities as technical assistance, 

2 directly or through grants, contracts, or cooper3 ative agreements, in order to— 

4 ‘‘(i) improve student academic 

5 achievement and growth, consistent with 

6 section 1111, for all students and for each 

7 subgroup of students described in section 

8 1116(b)(1)(B); and 

9 ‘‘(ii) promote effective outreach to, 

10 and recruitment of, students who are chil11 dren with disabilities and students who are 

12 English learners, and the parents and fam13 ilies of such students; and 

14 ‘‘(F) the extent to which the State in 

15 which the eligible entity operates provides for 

16 and enforces high-quality standards for charter 

17 school authorizers, including by establishing 

18 standards for rigorous and periodic reviews. 

19 ‘‘(2) STATE EDUCATIONAL AGENCIES.—In the 

20 case of an applicant that is an eligible entity de21 scribed in section 5411(4)(A), in addition to the ele22 ments described in paragraph (1), the Secretary 

23 shall also consider, the extent to which such eligible 

24 entity— 


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1 ‘‘(A) ensures that charter schools receive 

2 equitable funding compared to other public 

3 schools in the State, and a commensurate share 

4 of Federal, State, and local revenues compared 

5 to public schools in the State, including equi6 table State funding to support early childhood 

7 education and care programs operated by char8 ter schools in the State, in accordance with 

9 State law; and 

10 ‘‘(B) provides charter schools with equi11 table access to funds for facilities (which may 

12 include funds for leasing or purchasing facilities 

13 or for making tenant improvements), assistance 

14 for facilities acquisition, access to public facili15 ties, the ability to share in the proceeds of 

16 bonds and levies, or other support related to fa17 cilities. 

18 ‘‘(3) LOCAL EDUCATIONAL AGENCIES.—In the 

19 case of an applicant that is an eligible entity de20 scribed in section 5411(4)(B) (except for a charter 

21 school that is considered a local educational agency 

22 under State law) in addition to the elements de23 scribed in paragraph (1), the Secretary shall also 

24 consider— 


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1 ‘‘(A) if charter schools are operating with2 in the area served by such eligible entity, the 

3 extent to which the eligible entity has policies 

4 and procedures in place to ensure that— 

5 ‘‘(i) charter schools have equitable ac6 cess to school facilities; or 

7 ‘‘(ii) charter schools are not denied 

8 access to available public school facilities; 

9 and 

10 ‘‘(B) the extent to which the eligible entity 

11 demonstrates support for public school choice. 

12 ‘‘(4) CHARTER SCHOOL AUTHORIZERS.—In the 

13 case of an applicant that is an eligible entity de14 scribed in section 5411(4)(C), in addition to the ele15 ments described in paragraph (1), the Secretary 

16 shall also consider the eligible entity’s record of suc17 cess in authorizing and supporting high-performing 

18 charter schools. 

19 ‘‘(5) CHARTER MANAGEMENT ORGANIZA20 TIONS.—In the case of an applicant that is an eligi21 ble entity described in section 5411(4)(D), in addi22 tion to the elements described in paragraph (1), as 

23 applicable, the Secretary shall also consider— 

24 ‘‘(A) the quality of the eligible entity’s 

25 management team; and 


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1 ‘‘(B) the quality and sustainability of the 

2 eligible entity’s multi-year financial and oper3 ating model. 

4 ‘‘(b) PRIORITY.— 

5 ‘‘(1) STUDENTS FROM LOW-INCOME FAMI6 LIES.—In awarding grants under this subpart, the 

7 Secretary shall give priority to eligible entities that 

8 propose to create, expand, or replicate high-per9 forming charter schools that plan to enroll a large 

10 percentage of students from low-income families. 

11 ‘‘(2) DIVERSITY.—In awarding grants under 

12 this subpart, the Secretary may give priority to eligi13 ble entities that propose to create, expand, or rep14 licate a high-performing charter school that will have 

15 a diverse student population. 

16 ‘‘(3) STATE EDUCATIONAL AGENCIES.—In the 

17 case of an applicant that is an eligible entity de18 scribed in section 5411(4)(A), the Secretary shall 

19 give priority to such eligible entities— 

20 ‘‘(A) from States that do not have a law 

21 that prohibits, or effectively inhibits, increasing 

22 the number of high-performing charter schools 

23 in the State; 

24 ‘‘(B) from States that— 


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1 ‘‘(i) provide for, and adequately sup2 port, 2 or more charter school authorizers, 

3 of which not less than 1 is a statewide 

4 charter school authorizer; or 

5 ‘‘(ii) in the case of a State in which 

6 local educational agencies are the only 

7 charter school authorizers— 

8 ‘‘(I) allow for an appeals process 

9 through which developers have an op10 portunity to appeal a denial to an11 other authorizer that will issue a final 

12 determination regarding whether or 

13 not to grant the developer a charter; 

14 and 

15 ‘‘(II) require charter school au16 thorizers to indicate an affirmative in17 terest in serving as charter school au18 thorizers; and 

19 ‘‘(C) that have a policy or procedure in 

20 place that ensures that charter schools are re21 authorized or have their charter renewed not 

22 less than once every 5 years. 

23 ‘‘SEC. 5415. USES OF FUNDS. 

24 ‘‘(a) REQUIRED USES OF FUNDS.—Each eligible en25 tity receiving a grant under section 5412(a) shall— 


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1 ‘‘(1) use not less than 95 percent of the re2 maining grant funds, after the reservations made 

3 under section 5412(g), to award subgrants to 1 or 

4 more developers, as described under section 5416, to 

5 enable such developers to create, expand, or replicate 

6 1 or more high-performing charter schools (which 

7 may include opening new schools or converting exist8 ing schools into charter schools) in the area served 

9 by the eligible entity or under the jurisdiction of the 

10 eligible entity; 

11 ‘‘(2) in awarding subgrants, give priority to de12 velopers that propose to create, expand, or replicate 

13 a high-performing charter school in which a large 

14 percentage of the students enrolled are from low-in15 come families; 

16 ‘‘(3) provide developers who are receiving a 

17 subgrant with support and technical assistance in— 

18 ‘‘(A) improving student academic achieve19 ment and growth, consistent with section 1111; 

20 ‘‘(B) effectively serving the needs of all 

21 students, including students who are children 

22 with disabilities and students who are English 

23 learners; and 

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1 dents who are children with disabilities and 

2 English learners; 

3 ‘‘(4) directly, or through a partnership with a 

4 nonprofit organization (such as a community-based 

5 organization), develop and implement parent, family, 

6 and student information, outreach, and recruitment 

7 programs to provide information and support to par8 ents, families, and students about the public school 

9 choice options available to them, including students 

10 who are children with disabilities and students who 

11 are English learners, in a simple, clear, and easily 

12 accessible format and, to the extent practicable, in 

13 a language that such parents, families, and students 

14 can understand. 

15 ‘‘(b) PERMISSIBLE USE OF FUNDS.—Each eligible 

16 entity receiving a grant under section 5412(a) may use 

17 not more than 1 percent of grant funds to disseminate 

18 information to public schools in the eligible entity’s juris19 diction or service area about lessons learned through the 

20 grant activities, in order to— 

21 ‘‘(1) successfully address the education needs of 

22 all students, including students who are children 

23 with disabilities and students who are English learn24 ers; and 


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1 ‘‘(2) replicate high-performing charter school 

2 models. 

3 ‘‘SEC. 5416. SUBGRANTS. 

4 ‘‘(a) APPLICATIONS.—Each developer that desires to 

5 receive a subgrant under this subpart shall submit an ap6 plication to the appropriate eligible entity at such time, 

7 in such form, and including such information and assur8 ances as the eligible entity may reasonably require, which 

9 shall include the information required under subpara10 graphs (A) through (F) of paragraph (1) and paragraph 

11 (5) of section 5413(b). 

12 ‘‘(b) USE OF FUNDS.—A developer that receives a 

13 subgrant under this subpart shall use such subgrant funds 

14 to create, expand, or replicate 1 or more high-performing 

15 charter schools, which may include carrying out the fol16 lowing activities: 

17 ‘‘(1) If necessary, carrying out not more than 

18 12 months of planning and program design, unless 

19 such developer demonstrates the need for an addi20 tional planning period of not more than 3 months. 

21 ‘‘(2) Recruiting and providing preparation, in22 duction, and professional development for teachers, 

23 school leaders, and other staff who will work in a 

24 charter school that is supported by the developer. 


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1 ‘‘(3) Acquiring necessary equipment, supplies, 

2 and educational materials, including curricula, as3 sessments, and instructional materials. 

4 ‘‘(4) Professional development and implementa5 tion of systems for the delivery of appropriate serv6 ices for students who are children with disabilities 

7 and students who are English learners, including 

8 through centralizing, purchasing, or sharing the pro9 vision of such services with other organizations. 

10 ‘‘(5) Providing transportation to students to 

11 and from the school. 

12 ‘‘(6) Paying operational costs for a charter 

13 school that cannot be met through State or local 

14 funding sources. 

15 ‘‘(7) Directly, or through a partnership with a 

16 nonprofit organization (including a community-based 

17 organization), developing and implementing parent, 

18 family, and student information and outreach pro19 grams to provide information and support to par20 ents, families, and students about each charter 

21 school, in a simple, clear, and easily accessible for22 mat and, to the extent practicable, in a language 

23 that the parents, families, and students can under24 stand. 


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1 ‘‘(8) Developing and implementing effective out2 reach and recruitment strategies to inform families 

3 of students who are children with disabilities and 

4 students who are English learners about the charter 

5 school, the charter school admissions process, and 

6 the charter school’s plan to effectively provide appro7 priate educational and related services to such stu8 dents. 

9 ‘‘(9) Evaluating and disseminating information, 

10 including through technical assistance, about the ef11 fectiveness of the activities supported by the 

12 subgrant. 

13 ‘‘(c) LIMITATIONS.—Not more than 1 percent of 

14 subgrant funds may be used to carry out the activities de15 scribed in subsection (b)(9). 

16 ‘‘SEC. 5417. PERFORMANCE MEASURES; REPORTS. 

17 ‘‘(a) PERFORMANCE MEASURES AND TARGETS.— 

18 Each eligible entity receiving a grant under this subpart 

19 shall establish performance measures and annual targets, 

20 approved by the Secretary, for the charter schools that 

21 are created, expanded, or replicated with funds provided 

22 through a grant or subgrant under this subpart. Such 

23 measures and targets shall include, at a minimum, in the 

24 aggregate and disaggregated by each subgroup of students 

25 described in section 1116(b)(1)(B)— 


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1 ‘‘(1) the number of students enrolled in each 

2 charter school; 

3 ‘‘(2) the number of students enrolled in each 

4 high-performing charter school; 

5 ‘‘(3) the number of students enrolled in each 

6 high-performing charter school who were formerly 

7 attending a school that has been identified through 

8 the State accountability and improvement system de9 scribed in section 1116; 

10 ‘‘(4) student academic achievement and growth, 

11 consistent with section 1111, including, if applicable, 

12 performance on the State academic assessments re13 quired under section 1111(a)(2), and student growth 

14 consistent with section 1111; 

15 ‘‘(5) student retention rates; 

16 ‘‘(6) in the case of a public charter school that 

17 is a secondary school, student graduation rates, and 

18 student rates of enrollment and persistence in insti19 tutions of higher education; and 

20 ‘‘(7) other measures required by the Secretary. 

21 ‘‘(b) REPORTS.—Each eligible entity receiving a 

22 grant under this subpart shall annually prepare and sub23 mit a report to the Secretary containing the information 

24 described under subsection (a). 


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1 ‘‘(c) DEVELOPERS.—Each developer receiving a 

2 subgrant under this subpart from an eligible entity shall 

3 provide the eligible entity with the data necessary to com4 ply with the requirements of this section. 

5 ‘‘SEC. 5418. FEDERAL FORMULA ALLOCATION DURING 

6 FIRST YEAR AND FOR SUCCESSIVE ENROLL7 MENT EXPANSIONS. 

8 ‘‘(a) IN GENERAL.—For purposes of the allocation 

9 to schools by the States or their agencies of funds under 

10 part A of title I, and any other Federal funds which the 

11 Secretary allocates to States on a formula basis, the Sec12 retary and each State educational agency shall take such 

13 measures as are necessary to ensure that every charter 

14 school receives the Federal funding for which the charter 

15 school is eligible not later than 5 months after the charter 

16 school first opens, notwithstanding the fact that the iden17 tity and characteristics of the students enrolling in that 

18 charter school are not fully and completely determined 

19 until that charter school actually opens. The measures 

20 similarly shall ensure that every charter school expanding 

21 its enrollment in any subsequent year of operation receives 

22 the Federal funding for which the charter school is eligible 

23 not later than 5 months after such expansion. 

24 ‘‘(b) ADJUSTMENT AND LATE OPENINGS.— 


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1 ‘‘(1) IN GENERAL.—The measures described in 

2 subsection (a) shall include provision for appropriate 

3 adjustments, through recovery of funds or reduction 

4 of payments for the succeeding year, in cases where 

5 payments made to a charter school on the basis of 

6 estimated or projected enrollment data exceed the 

7 amounts that the school is eligible to receive on the 

8 basis of actual or final enrollment data. 

9 ‘‘(2) RULE.—For charter schools that first 

10 open after November 1 of any academic year, the 

11 State, in accordance with guidance provided by the 

12 Secretary and applicable Federal statutes and regu13 lations, shall ensure that such charter schools that 

14 are eligible for the funds described in subsection (a) 

15 for such academic year have a full and fair oppor16 tunity to receive those funds during the charter 

17 schools’ first year of operation. 

18 ‘‘SEC. 5419. RECORDS TRANSFER. 

19 ‘‘State educational agencies and local educational 

20 agencies receiving funds under part A of title I or any 

21 other Federal funds from the Secretary, shall, in the most 

22 timely manner possible and to the extent practicable, en23 sure that a student’s records and, if applicable, a student’s 

24 individualized education program as defined in section 

25 602(11) of the Individuals with Disabilities Education 


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1 Act, are transferred to a charter school upon the transfer 

2 of the student to the charter school, and to another public 

3 school upon the transfer of the student from a charter 

4 school to another public school, in accordance with appli5 cable State law. 

6 ‘‘SEC. 5420. NATIONAL ACTIVITIES. 

7 ‘‘From funds made available under this subpart for 

8 each fiscal year, the Secretary may reserve not more than 

9 2.5 percent for national activities to carry out (directly 

10 or through grants, contracts that use a competitive bid11 ding process, or cooperative agreements) research, devel12 opment, data collection, technical assistance, outreach, 

13 and dissemination activities, including— 

14 ‘‘(1) research, technical assistance, and other 

15 activities to assist eligible entities receiving a grant 

16 under this subpart, and other eligible entities in im17 proving the entity’s capacity to— 

18 ‘‘(A) create, expand, replicate, operate, or 

19 support high-performing charter schools that 

20 meet the needs of, and improve the outcomes 

21 for, all students, including students who are 

22 children with disabilities and students who are 

23 English learners; 

24 ‘‘(B) support charter school authorizers to 

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1 search-based policies and procedures and in2 creased capacity; and 

3 ‘‘(C) work to turn around schools that 

4 have been identified through the State account5 ability and improvement system described in 

6 section 1116; 

7 ‘‘(2) providing for the research and dissemina8 tion of information about specific charter school 

9 models and program characteristics for which there 

10 is strong evidence of a significant impact on improv11 ing student academic achievement and growth, con12 sistent with section 1111, for all students, including 

13 students who are children with disabilities and 

14 English learners; 

15 ‘‘(3) developing and implementing activities 

16 that help parents, families, students, and the com17 munity identify and access high-performing charter 

18 schools; 

19 ‘‘(4) providing for the collection of information 

20 regarding the financial resources available to charter 

21 schools (including access to private capital) and 

22 widely disseminating to charter schools any such rel23 evant information and model descriptions of success24 ful programs; and 

25 ‘‘(5) carrying out other related activities. 


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1 ‘‘Subpart 2—Charter School Facility Acquisition, 

2 Construction, and Renovation 

3 ‘‘SEC. 5431. PURPOSE. 

4 ‘‘The purpose of this subpart is to provide grants to 

5 eligible entities to improve access to facilities and facilities 

6 financing for high-performing charter schools and assist 

7 such schools to address the cost of acquiring, constructing, 

8 and renovating facilities. 

9 ‘‘SEC. 5432. DEFINITIONS. 

10 ‘‘In this subpart: 

11 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en12 tity’ means— 

13 ‘‘(A) a State educational agency; 

14 ‘‘(B) a local educational agency, except a 

15 charter school that is considered a local edu16 cational agency under State law; 

17 ‘‘(C) a nonprofit entity; 

18 ‘‘(D) a State financing authority; or 

19 ‘‘(E) a consortium of entities described in 

20 any of subparagraphs (A) through (D). 

21 ‘‘(2) HIGH-PERFORMING CHARTER SCHOOL.— 

22 The term ‘high-performing charter school’ has the 

23 meaning given such term in section 5411(6). 

24 ‘‘(3) PER-PUPIL FACILITIES AID PROGRAM.— 

25 The term ‘per-pupil facilities aid program’ means a 

26 program— 


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1 ‘‘(A) that is specified in State law; 

2 ‘‘(B) that provides annual financing, on a 

3 per-pupil basis, for charter school facilities; and 

4 ‘‘(C) in which a State makes payments, on 

5 a per-pupil basis, to charter schools to provide 

6 such schools with financing— 

7 ‘‘(i) that is dedicated solely for fund8 ing charter school facilities; or 

9 ‘‘(ii) a portion of which is dedicated 

10 for funding charter school facilities. 

11 ‘‘SEC. 5433. GRANTS TO ELIGIBLE ENTITIES. 

12 ‘‘(a) CREDIT ENHANCEMENT GRANTS.—The Sec13 retary shall use not less than 65 percent of the amount 

14 available to carry out this subpart to award grants on a 

15 competitive basis to eligible entities to enable such eligible 

16 entities to demonstrate innovative credit enhancement 

17 methods of assisting high-performing charter schools to 

18 access private sector capital to address the cost of acquir19 ing, constructing, and renovating facilities by enhancing 

20 the availability of loans or bond financing. 

21 ‘‘(b) OTHER FACILITIES GRANTS.—The Secretary 

22 shall use the remainder of the amount available to carry 

23 out this subpart to award grants on a competitive basis 

24 to eligible entities to— 


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1 ‘‘(1) improve access to facilities and facilities fi2 nancing for high-performing charter schools, through 

3 methods that may include— 

4 ‘‘(A) leveraging State and local facilities 

5 funds, including the cost of implementing school 

6 bond programs that include high-performing 

7 charter schools; 

8 ‘‘(B) implementing open-facilities-access 

9 programs or making available renovated or 

10 adapted space for high-performing charter 

11 schools; and 

12 ‘‘(C) assisting with constructing or improv13 ing, at low cost, facilities for high-performing 

14 charter schools through innovative methods; 

15 and 

16 ‘‘(2) support an eligible entity described in sec17 tion 5432(1)(A) in the establishment, enhancement, 

18 and administration of a per-pupil facilities aid pro19 gram through Federal payments that shall be not 

20 more than— 

21 ‘‘(A) 90 percent of the cost, for the first 

22 fiscal year for which the program receives as23 sistance under this subsection; 

24 ‘‘(B) 80 percent in the second such year; 

25 ‘‘(C) 60 percent in the third such year; 


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1 ‘‘(D) 40 percent in the fourth such year; 

2 and 

3 ‘‘(E) 20 percent in the fifth such year. 

4 ‘‘(c) STATE SHARE OF PER-PUPIL FACILITIES AID

5 PROGRAM.—A State receiving a grant under subsection 

6 (b)(2) may partner with 1 or more organizations to pro7 vide not more than 50 percent of the State share of the 

8 cost of establishing, enhancing, or administering the per9 pupil facilities aid program. 

10 ‘‘(d) GRANT AMOUNT.—In determining the amount 

11 of each grant to be awarded under this subpart, the Sec12 retary shall consider— 

13 ‘‘(1) the quality of the application submitted 

14 under section 5435; 

15 ‘‘(2) the number of students that are served or 

16 may be served by high-performing charter schools 

17 that would receive assistance under the grant pro18 gram; and 

19 ‘‘(3) the amount of funds that is needed to im20 plement the activities described in the approved ap21 plication. 

22 ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made 

23 available under this section shall be used to supplement, 

24 and not supplant, State and local public funds expended 

25 to provide programs for charter schools. 


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1 ‘‘SEC. 5434. CHARTER SCHOOL OBJECTIVES. 

2 ‘‘An eligible entity receiving a grant under this sub3 part shall use the funds to assist 1 or more high-per4 forming charter schools to accomplish 1 or both of the fol5 lowing objectives: 

6 ‘‘(1) The acquisition (by purchase, lease, dona7 tion, or otherwise) of an interest (including an inter8 est held by a third party for the benefit of a charter 

9 school) in improved or unimproved real property 

10 that is necessary to commence or continue the oper11 ation of a charter school. 

12 ‘‘(2) The construction of new facilities, or the 

13 renovation, repair, or alteration of existing facilities, 

14 necessary to commence or continue the operation of 

15 a charter school. 

16 ‘‘SEC. 5435. APPLICATIONS; SELECTION CRITERIA. 

17 ‘‘(a) IN GENERAL.—Each eligible entity desiring a 

18 grant under this subpart shall submit an application to 

19 the Secretary at such time, in such manner, and con20 taining such information and assurances as the Secretary 

21 may require. 

22 ‘‘(b) CONTENTS.—An application submitted under 

23 subsection (a) shall include— 

24 ‘‘(1) a description of the activities that the eligi25 ble entity proposes to carry out using funds received 

26 under this subpart; 


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1 ‘‘(2) a demonstration that the eligible entity will 

2 consider the quality of a charter school when deter3 mining— 

4 ‘‘(A) which charter schools will receive as5 sistance under this subpart; 

6 ‘‘(B) how much grant assistance will be 

7 provided to each charter school; and 

8 ‘‘(C) the type of assistance that each char9 ter school will receive; 

10 ‘‘(3) a description of the eligible entity’s record 

11 of successfully carrying out the activities that such 

12 eligible entity proposes to carry out; 

13 ‘‘(4) if applicable, the eligible entity’s record of 

14 leveraging private-sector funding and a description 

15 of how the proposed activities will leverage the max16 imum amount of private-sector financing capital rel17 ative to the amount of government funding; 

18 ‘‘(5) an explanation of how the eligible entity 

19 possesses sufficient expertise in education to evalu20 ate the likelihood of success of a charter school for 

21 which facilities financing is sought; 

22 ‘‘(6) in the case of an application submitted by 

23 an eligible entity that includes 1 or more State or 

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1 ter schools have equitable access to school facilities; 

2 and 

3 ‘‘(7) such other information as the Secretary 

4 may reasonably require. 

5 ‘‘(c) SELECTION CRITERIA.—In awarding grants 

6 under this subpart, the Secretary shall consider— 

7 ‘‘(1) the quality of the eligible entity’s applica8 tion; 

9 ‘‘(2) the extent to which the eligible entity pro10 poses to support high-performing charter schools 

11 that plan to enroll a large percentage of students 

12 from low-income families; 

13 ‘‘(3) the geographic diversity of the eligible en14 tities, including the distribution of grants between 

15 urban and rural areas; and 

16 ‘‘(4) the number of eligible entities in a State 

17 that are receiving grants under this subpart in any 

18 fiscal year. 

19 ‘‘SEC. 5436. RESERVE ACCOUNT. 

20 ‘‘(a) USE OF FUNDS.—To assist charter schools with 

21 addressing the cost of acquiring, constructing, and ren22 ovating facilities and accessing facilities and facilities fi23 nancing, an eligible entity receiving a grant under section 

24 5433(a) shall, in accordance with State and local law, di25 rectly or indirectly, alone or in collaboration with others, 


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1 deposit the funds received under this subpart (other than 

2 funds used for administrative costs in accordance with sec3 tion 5437) in a reserve account established and main4 tained by the eligible entity for this purpose. Amounts de5 posited in such account shall be used by the eligible entity 

6 for 1 or more of the following purposes: 

7 ‘‘(1) Guaranteeing, insuring, and reinsuring 

8 bonds, notes, evidences of debt, loans, and interests 

9 therein, the proceeds of which are used for an objec10 tive described in section 5434. 

11 ‘‘(2) Guaranteeing and insuring leases of per12 sonal and real property for an objective described in 

13 section 5434. 

14 ‘‘(3) Facilitating financing by identifying poten15 tial lending sources, encouraging private lending, 

16 and other similar activities that directly promote 

17 lending to, or for the benefit of, charter schools. 

18 ‘‘(4) Facilitating the issuance of bonds by char19 ter schools, or by other public entities for the benefit 

20 of charter schools, by providing technical, adminis21 trative, and other appropriate assistance (including 

22 the recruitment of bond counsel, underwriters, and 

23 potential investors and the consolidation of multiple 

24 charter school projects within a single bond issue). 


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1 ‘‘(b) INVESTMENT.—Funds received under this sub2 part and deposited in the reserve account established 

3 under subsection (a) shall be invested in obligations issued 

4 or guaranteed by the United States or a State, or in other 

5 similarly low-risk securities. 

6 ‘‘(c) REINVESTMENT OF EARNINGS.—Any earnings 

7 on funds received under this subpart shall be deposited 

8 in the reserve account established under subsection (a) 

9 and used in accordance with such subsection. 

10 ‘‘SEC. 5437. LIMITATION ON ADMINISTRATIVE COSTS. 

11 ‘‘An eligible entity may use not more than 2.5 percent 

12 of the funds received under this subpart for the adminis13 trative costs of carrying out its responsibilities under this 

14 subpart. 

15 ‘‘SEC. 5438. AUDITS AND REPORTS. 

16 ‘‘(a) FINANCIAL RECORD MAINTENANCE AND

17 AUDIT.—The financial records of each eligible entity re18 ceiving a grant under this subpart shall be maintained in 

19 accordance with generally accepted accounting principles 

20 and shall be subject to an annual audit by an independent 

21 public accountant. 

22 ‘‘(b) REPORTS.— 

23 ‘‘(1) GRANTEE ANNUAL REPORTS.—Each eligi24 ble entity receiving a grant under this subpart annuVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00732 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 ally shall submit to the Secretary a report of its op2 erations and activities under this subpart. 

3 ‘‘(2) CONTENTS.—Each annual report sub4 mitted under paragraph (1) shall include— 

5 ‘‘(A) a copy of the most recent financial 

6 statements, and any accompanying opinion on 

7 such statements, prepared by the independent 

8 public accountant reviewing the financial 

9 records of the eligible entity; 

10 ‘‘(B) a copy of any report made on an 

11 audit of the financial records of the eligible en12 tity that was conducted under subsection (a) 

13 during the reporting period; 

14 ‘‘(C) if applicable, an evaluation by the eli15 gible entity of the effectiveness of its use of the 

16 Federal funds provided under this subpart in 

17 leveraging private funds; 

18 ‘‘(D) a listing and description of the char19 ter schools served during the reporting period 

20 and the performance of such charter schools in 

21 increasing student achievement and growth, 

22 consistent with section 1111; 

23 ‘‘(E) a description of the activities carried 

24 out by the eligible entity to assist charter 


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1 schools in meeting the objectives set forth in 

2 section 5434; and 

3 ‘‘(F) a description of the characteristics of 

4 lenders and other financial institutions partici5 pating in the activities undertaken by the eligi6 ble entity under this subpart during the report7 ing period, if applicable. 

8 ‘‘(3) SECRETARIAL REPORT.—The Secretary 

9 shall review the reports submitted under paragraph 

10 (1) and shall provide a comprehensive annual report 

11 to Congress on the activities conducted under this 

12 subpart. 

13 ‘‘SEC. 5439. NO FULL FAITH AND CREDIT FOR GRANTEE OB14 LIGATIONS. 

15 ‘‘No financial obligation of an eligible entity entered 

16 into pursuant to this subpart (such as an obligation under 

17 a guarantee, bond, note, evidence of debt, or loan) shall 

18 be an obligation of, or guaranteed in any respect by, the 

19 United States. The full faith and credit of the United 

20 States is not pledged to the payment of funds which may 

21 be required to be paid under any obligation made by an 

22 eligible entity pursuant to any provision of this subpart. 


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1 ‘‘SEC. 5440. RECOVERY OF FUNDS. 

2 ‘‘(a) IN GENERAL.—The Secretary, in accordance 

3 with chapter 37 of title 31, United States Code, shall col4 lect— 

5 ‘‘(1) all of the funds in a reserve account estab6 lished by an eligible entity under section 5436(a) if 

7 the Secretary determines, not earlier than 2 years 

8 after the date on which the eligible entity first re9 ceived funds under this subpart, that the eligible en10 tity has failed to make substantial progress in car11 rying out the purposes described in section 5436(a); 

12 or 

13 ‘‘(2) all or a portion of the funds in a reserve 

14 account established by an eligible entity under sec15 tion 5436(a) if the Secretary determines that the eli16 gible entity has permanently ceased to use all or a 

17 portion of the funds in such account to accomplish 

18 any purpose described in section 5436(a). 

19 ‘‘(b) EXERCISE OF AUTHORITY.—The Secretary shall 

20 not exercise the authority provided in subsection (a) to 

21 collect from any eligible entity any funds that are being 

22 properly used to achieve 1 or more of the purposes de23 scribed in section 5436(a). 

24 ‘‘(c) PROCEDURES.—The provisions of sections 451, 

25 452, and 458 of the General Education Provisions Act 

26 shall apply to the recovery of funds under subsection (a). 


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1 ‘‘(d) CONSTRUCTION.—This section shall not be con2 strued to impair or affect the authority of the Secretary 

3 to recover funds under part D of the General Education 

4 Provisions Act.’’. 

5 PART E—VOLUNTARY PUBLIC SCHOOL CHOICE 

6 SEC. 5501. VOLUNTARY PUBLIC SCHOOL CHOICE. 

7 Title V (20 U.S.C. 7221 et seq.) is amended by add8 ing at the end the following: 

9 ‘‘PART E—VOLUNTARY PUBLIC SCHOOL CHOICE 

10 PROGRAMS 

11 ‘‘SEC. 5501. GRANTS. 

12 ‘‘(a) AUTHORIZATION.—From funds made available 

13 to carry out this subpart, the Secretary shall award 

14 grants, on a competitive basis, to eligible entities to enable 

15 the entities to establish or expand a program of public 

16 school choice (referred to in this subpart as a ‘program’) 

17 in accordance with this subpart. 

18 ‘‘(b) DURATION.—Grants awarded under subsection 

19 (a) may be awarded for a period of 3 years and may be 

20 renewed for not more than an additional 2 years if the 

21 Secretary finds that the grantee is achieving the objectives 

22 of the grant. 

23 ‘‘SEC. 5502. USES OF FUNDS. 

24 ‘‘(a) REQUIRED USE OF FUNDS.—An eligible entity 

25 that receives a grant under this subpart shall use the 


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1 grant funds to establish or expand inter- or intra-district 

2 public school choice programs for students attending the 

3 lowest-performing schools to attend high-quality public el4 ementary schools and secondary schools, including charter 

5 schools. 

6 ‘‘(b) PERMISSIBLE USES OF FUNDS.—An eligible en7 tity that receives a grant under this subpart may use the 

8 grant funds for— 

9 ‘‘(1) planning or designing a program (for not 

10 more than 1 year); 

11 ‘‘(2) transportation services to and from high12 quality schools for participating students; 

13 ‘‘(3) improving public school finance systems to 

14 allow school funding to follow students, including 

15 tuition transfer payments to high-quality public ele16 mentary schools or secondary schools to which stu17 dents transfer under the program; 

18 ‘‘(4) capacity-enhancing activities that enable 

19 high-quality public elementary schools or secondary 

20 schools to accommodate transfer requests under the 

21 program; 

22 ‘‘(5) public education and recruitment cam23 paigns to inform students attending the lowest-per24 forming schools and their parents about the program 

25 and to facilitate their participation; and 


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1 ‘‘(6) other costs reasonably necessary to imple2 ment the program, such as the development of lot3 tery systems. 

4 ‘‘(c) NONPERMISSIBLE USES OF FUNDS.—An eligible 

5 entity that receives a grant under this subpart may not 

6 use the grant funds for school construction. 

7 ‘‘(d) ADMINISTRATIVE EXPENSES.—The eligible enti8 ty may use not more than 5 percent of the funds made 

9 available through the grant for any fiscal year for adminis10 trative expenses. 

11 ‘‘SEC. 5503. APPLICATIONS. 

12 ‘‘(a) SUBMISSION.—An eligible entity that desires a 

13 grant under this subpart shall submit an application to 

14 the Secretary at such time, in such manner, and con15 taining such information as the Secretary may require. 

16 ‘‘(b) CONTENTS.—An application submitted under 

17 subsection (a) shall include a comprehensive plan that de18 scribes— 

19 ‘‘(1) the activities to be carried out; 

20 ‘‘(2) how the activities— 

21 ‘‘(A) will increase access to high-quality 

22 schools for students attending the lowest-per23 forming schools; 

24 ‘‘(B) will increase the student academic 

25 achievement and student growth of students 


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1 participating in the grant activities, including 

2 English learners and students with disabilities; 

3 and 

4 ‘‘(C) if applicable, will increase diversity; 

5 ‘‘(3) how students will be selected to participate 

6 in grant activities, including the design and imple7 mentation of a lottery system if the program is over8 subscribed, and how students and parents will be in9 formed of their opportunity to participate; 

10 ‘‘(4) how the program will be coordinated with 

11 and leverage other related Federal and non-Federal 

12 funding and programs; 

13 ‘‘(5) how the applicant will continue to imple14 ment the plan after the period of the grant has ex15 pired; 

16 ‘‘(6) if the activities required under section 

17 5505(a)(2) are to be carried out in partnership with 

18 a public or other nonprofit organization, a descrip19 tion of the organization’s experience, capacity, re20 sponsibilities, and how the eligible entity will mon21 itor the public or other nonprofit organization’s ef22 fectiveness in carrying our such activities; and 

23 ‘‘(7) such other information as the Secretary 

24 may require. 


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1 ‘‘(c) SELECTION CRITERIA.—In selecting grantees 

2 under this part, the Secretary shall consider— 

3 ‘‘(1) the quality of the applicant’s comprehen4 sive plan; 

5 ‘‘(2) the extent to which the applicant can dem6 onstrate that its grant activities will increase student 

7 academic achievement and student growth for stu8 dents participating in the grant activities, including 

9 English learners and students with disabilities; and 

10 ‘‘(3) the extent to which the applicant can dem11 onstrate that its grant activities will ensure that par12 ents and students are informed of the program, in 

13 a clear and uniform format and, to the extent prac14 ticable, in a language that the parents and students 

15 can understand, to increase the likelihood that par16 ents will have their children participate in the grant17 ee’s program. 

18 ‘‘SEC. 5504. PRIORITIES. 

19 ‘‘In awarding grants under this subpart, the Sec20 retary shall give priority to an eligible entity that proposes 

21 to— 

22 ‘‘(1) establish or expand an inter-district choice 

23 program that serves a large percentage of students 

24 from low-income families; and 


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1 ‘‘(2) establish or expand a program that will in2 crease diversity. 

3 ‘‘SEC. 5505. REQUIREMENTS AND VOLUNTARY PARTICIPA4 TION. 

5 ‘‘(a) PARENT AND COMMUNITY INVOLVEMENT AND

6 NOTICE.—In carrying out a program under this subpart, 

7 an eligible entity shall carry out the following: 

8 ‘‘(1) Develop the program with— 

9 ‘‘(A) the involvement of parents and other 

10 education stakeholders in the community to be 

11 served; and 

12 ‘‘(B) individuals who will carry out the 

13 program, including administrators, teachers, 

14 principals, and other staff. 

15 ‘‘(2) Develop and carry out the following activi16 ties, alone or in partnership with a public or other 

17 nonprofit organization that has a record of success 

18 in implementing such activities: 

19 ‘‘(A) Disseminating timely and accurate in20 formation about the program to parents of stu21 dents attending the lowest-performing schools, 

22 in a clear and uniform format and, to the ex23 tent practicable, in a language that they can 

24 understand, including through the use of a vari25 ety of effective and innovative outreach apVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00741 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 proaches, such as by sending customized letters 

2 to each family about available programs. 

3 ‘‘(B) Providing education and training to 

4 parents of students attending the lowest-per5 forming schools to enable the parents to use the 

6 information provided under subparagraph (A) 

7 in their decisions about their children’s edu8 cation. 

9 ‘‘(b) SELECTION OF STUDENTS.—An eligible entity 

10 that receives a grant under this subpart shall select stu11 dents to participate in a program on the basis of a lottery, 

12 if more students apply for admission to the program than 

13 can be accommodated. 

14 ‘‘(c) VOLUNTARY PARTICIPATION.—Student partici15 pation in a program funded under this subpart shall be 

16 voluntary. 

17 ‘‘(d) PERFORMANCE MEASURES.— 

18 ‘‘(1) IN GENERAL.—Each eligible entity award19 ed a grant under this part shall establish perform20 ance measures and targets that— 

21 ‘‘(A) are approved by the Secretary; 

22 ‘‘(B) are implemented for each program 

23 established or expanded with funds provided 

24 under this part; and 

25 ‘‘(C) at a minimum, track— 


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1 ‘‘(i) the number of students partici2 pating; 

3 ‘‘(ii) the participating students’ aca4 demic achievement and student growth; 

5 ‘‘(iii) in the case of participating high 

6 school students, their graduation rates; 

7 and 

8 ‘‘(iv) any other measure required by 

9 the Secretary. 

10 ‘‘(2) REPORTS.—Each eligible entity awarded a 

11 grant under this part shall annually report to the 

12 Secretary on its performance on the measures and 

13 targets established under paragraph (1), and shall 

14 provide that information both in the aggregate and 

15 disaggregated for each subgroup of students de16 scribed in section 1111(a)(2)(B)(ix). 

17 ‘‘SEC. 5506. EVALUATIONS. 

18 ‘‘From the amount reserved for evaluation activities 

19 in accordance with section 9601(a), the Secretary, acting 

20 through the Director of the Institute of Education 

21 Sciences, shall, in consultation with the relevant program 

22 office at the Department, evaluate the implementation and 

23 impact of the activities supported under this part, con24 sistent with section 9601, including— 


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1 ‘‘(1) how, and the extent to which, the pro2 grams promote educational equity and excellence; 

3 ‘‘(2) the characteristics of the students partici4 pating in the programs; and 

5 ‘‘(3) the effect of the programs on the academic 

6 achievement and student growth of students partici7 pating in the programs both in the aggregate and 

8 disaggregated for each subgroup of students de9 scribed in section 1111(a)(2)(B)(ix). 

10 ‘‘SEC. 5507. DEFINITIONS. 

11 ‘‘In this subpart: 

12 ‘‘(1) CHARTER SCHOOL.—The term ‘charter 

13 school’ has the meaning given such term in section 

14 5411. 

15 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en16 tity’ means— 

17 ‘‘(A) 1 or more high-need local educational 

18 agencies applying with 1 or more other local 

19 educational agencies; or 

20 ‘‘(B) a State educational agency applying 

21 with 1 or more high-need local educational 

22 agencies. 

23 ‘‘(3) LOWEST-PERFORMING SCHOOL.—The term 

24 ‘lowest-performing school’ means a public elemen25 tary school or secondary school that has been identiVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00744 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 fied as an achievement gap school pursuant to sec2 tion 1116(b) or a persistently low-achieving school 

3 pursuant to section 1116(c).’’. 

4 TITLE VI—PROMOTING FLEXI5 BILITY; RURAL EDUCATION 

6 SEC. 6101. PROMOTING FLEXIBILITY. 

7 Title VI (20 U.S.C. 7301 et seq.) is amended— 

8 (1) by striking the title heading and inserting 

9 the following: ‘‘PROMOTING FLEXIBILITY; 

10 RURAL EDUCATION’’; and 

11 (2) by striking part A and inserting the fol12 lowing: 

13 ‘‘PART A—TRANSFERABILITY 

14 ‘‘SEC. 6101. TRANSFERABILITY OF FUNDS. 

15 ‘‘(a) TRANSFERS BY STATES.— 

16 ‘‘(1) AUTHORITY TO TRANSFER.—Except as 

17 provided in paragraph (2), in accordance with this 

18 part, a State may transfer up to 100 percent of the 

19 State funds allotted to the State for a fiscal year for 

20 use for State-level activities described in this Act 

21 that are carried out as part of a grant program in 

22 which funds for the grant are distributed by a for23 mula to 1 or more other State formula grant pro24 grams under this Act for such fiscal year. 


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1 ‘‘(2) PROHIBITION AGAINST TRANSFERRING

2 FUNDS OUT CERTAIN TITLES.—A State may not 

3 transfer, pursuant to paragraph (1), any funds that 

4 originate in title I, III, VII, or VIII out of such re5 spective title. 

6 ‘‘(b) TRANSFERS BY LOCAL EDUCATIONAL AGEN7 CIES.— 

8 ‘‘(1) AUTHORITY TO TRANSFER.—Except as 

9 provided in paragraph (2), in accordance with this 

10 part, a local educational agency may transfer 100 

11 percent of the funds allocated to it for a fiscal year 

12 for use for local-level activities described in this Act 

13 that are carried out as part of a grant program in 

14 which funds for the grant are distributed by a for15 mula to 1 or more other local educational agency 

16 formula grant programs under this Act for such fis17 cal year. 

18 ‘‘(2) PROHIBITION AGAINST TRANSFERRING

19 FUNDS OUT OF CERTAIN TITLES.—A local edu20 cational agency may not transfer, pursuant to para21 graph (1), any funds that originate in title I, III, 

22 VII, or VIII out of such respective title. 

23 ‘‘(3) SPECIAL RULE WITH RESPECT TO RURAL

24 DISTRICTS.—Except as provided in paragraph (2), a 

25 local educational agency that is eligible to receive asVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00746 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 sistance under part B may transfer 100 percent of 

2 the funds allocated to it for a fiscal year for use for 

3 local-level activities described in this Act that are 

4 carried out as part of a grant program in which 

5 funds for the grant are distributed by a formula to 

6 1 or more other local educational agency formula 

7 grant programs under this Act for such fiscal year 

8 or to carry out activities under a grant program in 

9 which funds for the grant are distributed by formula 

10 to States. 

11 ‘‘(c) MODIFICATION OF PLANS AND APPLICATIONS; 

12 NOTIFICATION.— 

13 ‘‘(1) STATE TRANSFERS.—Each State that 

14 makes a transfer of funds under this section shall— 

15 ‘‘(A) modify, to account for such transfer, 

16 each State plan, or application submitted by the 

17 State, to which such funds relate; 

18 ‘‘(B) not later than 30 days after the date 

19 of such transfer, submit a copy of such modi20 fied plan or application to the Secretary; and 

21 ‘‘(C) not later than 30 days before the ef22 fective date of such transfer, notify the Sec23 retary of such transfer. 


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1 ‘‘(2) LOCAL TRANSFERS.—Each local edu2 cational agency that makes a transfer of funds 

3 under this section shall— 

4 ‘‘(A) modify, to account for such transfer, 

5 each local plan, or application submitted by the 

6 agency, to which such funds relate; 

7 ‘‘(B) not later than 30 days after the date 

8 of such transfer, submit a copy of such modi9 fied plan or application to the State; and 

10 ‘‘(C) not later than 30 days before the ef11 fective date of such transfer, notify the State of 

12 such transfer. 

13 ‘‘(d) APPLICABLE RULES.— 

14 ‘‘(1) IN GENERAL.—Except as otherwise pro15 vided in this part, funds transferred pursuant to this 

16 section are subject to each of the rules and require17 ments applicable to the funds under the provision— 

18 ‘‘(A) to which the transferred funds are 

19 transferred; and 

20 ‘‘(B) from which the transferred funds are 

21 transferred. 

22 ‘‘(2) CONSULTATION.—Each State educational 

23 agency or local educational agency that transfers 

24 funds under this section shall conduct consultations 

25 in accordance with section 9501, if such transfer 


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1 transfers funds from a program that provides for 

2 the participation of students, teachers, or other edu3 cational personnel, from private schools.’’. 

4 SEC. 6102. RURAL EDUCATION. 

5 Part B of title VI (20 U.S.C. 7341 et seq.) is amend6 ed— 

7 (1) by striking section 6211; 

8 (2) by redesignating sections 6212 and 6213 as 

9 sections 6211 and 6212, respectively; 

10 (3) in section 6211, as redesignated by para11 graph (2)— 

12 (A) in the section heading, by striking 

13 ‘‘GRANT’’; 

14 (B) in subsection (a), by striking ‘‘activi15 ties authorized’’ and all that follows through 

16 the period at the end of paragraph (5) and in17 serting ‘‘activities consistent with section 

18 6101(b).’’; 

19 (C) in subsection (b)— 

20 (i) in paragraph (1)— 

21 (I) by striking ‘‘section 6211(b)’’ 

22 and inserting ‘‘subsection (d)’’; and 

23 (II) by striking ‘‘section 6211(c)’’ 

24 and inserting ‘‘subpart 2 of part A of 

25 title II’’; and 


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1 (ii) by striking paragraph (2) and in2 serting the following: 

3 ‘‘(2) DETERMINATION OF INITIAL AMOUNT.— 

4 ‘‘(A) IN GENERAL.—The initial amount re5 ferred to in paragraph (1) is equal to $100 

6 multiplied by the total number of students in 

7 excess of 50 students, in average daily attend8 ance at the schools served by the local edu9 cational agency, plus $20,000, except that the 

10 initial amount may not exceed $60,000. 

11 ‘‘(B) APPROPRIATION MORE THAN

12 $211,723,832.—Notwithstanding subparagraph 

13 (A), if the appropriation for this part is more 

14 than $211,723,832, a grant under this part 

15 shall not be less than $25,000, and the initial 

16 amount may not exceed $80,000.’’; 

17 (D) by redesignating subsection (d) as sub18 section (e); 

19 (E) by inserting after subsection (c) the 

20 following: 

21 ‘‘(d) ELIGIBILITY.— 

22 ‘‘(1) IN GENERAL.—A local educational agency 

23 shall be eligible for a grant under this section if— 

24 ‘‘(A)(i)(I) the total number of students in 

25 average daily attendance at all of the schools 


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1 served by the local educational agency is fewer 

2 than 600; or 

3 ‘‘(II) each county or locale in which a 

4 school served by the local educational agency is 

5 located has a total population density of fewer 

6 than 10 persons per square mile; and 

7 ‘‘(ii) each of the schools served by the local 

8 educational agency is designated with a school 

9 locale code of 33, 41, 42, or 43, as determined 

10 by the Secretary; or 

11 ‘‘(B) the agency meets at least 1 of the cri12 teria established in subparagraph (A)(i) and the 

13 Secretary, in accordance with paragraph (2), 

14 grants the State educational agency’s request to 

15 waive the criterion described in subparagraph 

16 (A)(ii). 

17 ‘‘(2) CERTIFICATION.—The Secretary shall de18 termine whether to waive the criterion described in 

19 paragraph (1)(A)(ii) based on a demonstration by 

20 the local educational agency, and with the concur21 rence of the State educational agency, that the local 

22 educational agency is located in an area defined as 

23 rural by a governmental agency of the State.’’; and 


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1 (F) by striking subsection (e), as redesig2 nated by subparagraph (D), and inserting the 

3 following: 

4 ‘‘(e) SPECIAL ELIGIBILITY RULE.— 

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

6 that is eligible to receive a grant under this subpart 

7 for a fiscal year shall be eligible to receive funds for 

8 such fiscal year under subpart 2. 

9 ‘‘(2) LIMITATION ON RECEIPT OF GRANTS.—A 

10 local educational agency may receive grant funding 

11 under subpart 1 or subpart 2, but may not receive 

12 grant funding under both such subparts.’’; 

13 (4) by striking section 6212, as redesignated by 

14 paragraph (2), and inserting the following: 

15 ‘‘SEC. 6212. ACADEMIC ACHIEVEMENT ASSESSMENTS. 

16 ‘‘Each local educational agency that uses or receives 

17 funds under this subpart for a fiscal year shall administer 

18 assessments that are consistent with section 1111(a)(2).’’; 

19 (5) in section 6221— 

20 (A) in subsection (a)(1), by striking 

21 ‘‘under section 6234 for’’ and inserting ‘‘to 

22 carry out’’; 

23 (B) in subsection (b)(1)(B), by striking ‘‘6, 

24 7, or 8’’ and inserting ‘‘33, 41, 42, or 43,’’; and 

25 (C) in subsection (c)— 


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1 (i) in the matter preceding paragraph 

2 (1), by striking ‘‘under section 6234 for’’ 

3 and inserting ‘‘to carry out’’; and 

4 (ii) in paragraph (1), by striking ‘‘Bu5 reau of Indian Affairs’’ and inserting ‘‘Bu6 reau of Indian Education’’; 

7 (6) in section 6222, by striking subsection (a) 

8 and inserting the following: 

9 ‘‘(a) LOCAL AWARDS.—Grant funds awarded to local 

10 educational agencies under this subpart shall be used to 

11 carry out local-level activities consistent with section 

12 6101(b).’’; 

13 (7) in section 6224— 

14 (A) in subsection (c)— 

15 (i) in the matter preceding paragraph 

16 (1), by striking ‘‘the Committee on Edu17 cation and the Workforce of the House of 

18 Representatives and the Committee on 

19 Health, Education, Labor, and Pensions of 

20 the Senate’’ and inserting ‘‘the authorizing 

21 committees’’; and 

22 (ii) by striking ‘‘local educational 

23 agencies and schools’’ and inserting the 

24 following: 


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1 ‘‘(2) how local educational agencies and 

2 schools’’; 

3 (B) in subsection (d)— 

4 (i) in the subsection heading, by strik5 ing ‘‘ASSESSMENT’’ and inserting ‘‘AS6 SESSMENTS’’; and 

7 (ii) by striking ‘‘an assessment that is 

8 consistent with section 1111(b)(3)’’ and in9 serting ‘‘assessments that are consistent 

10 with section 1111(a)(2)’’; and 

11 (C) by striking subsection (e); 

12 (8) by striking section 6234; 

13 (9) by redesignating sections 6231 through 

14 6233 as sections 6232 through 6234, respectively; 

15 (10) by inserting before section 6232, as redes16 ignated by paragraph (9), the following: 

17 ‘‘SEC. 6231. CHOICE OF PARTICIPATION. 

18 ‘‘If a local educational agency is eligible for funding 

19 under subpart 1 and subpart 2 of this part, such local 

20 educational agency may choose to participate in either 

21 subpart 1 or subpart 2.’’; 

22 (11) in section 6232, as redesignated by para23 graph (9)— 

24 (A) in subsection (a), by striking ‘‘6212’’ 

25 and inserting ‘‘6211’’; and 


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1 (B) in subsection (b)— 

2 (i) by striking ‘‘under section 6212 or 

3 subpart 2’’ each place the term appears 

4 and inserting ‘‘under this part’’; and 

5 (ii) by striking ‘‘under this section’’ 

6 and inserting ‘‘under this part’’; and 

7 (12) in section 6233, as redesignated by para8 graph (9), by striking ‘‘subpart 1 or subpart 2’’ and 

9 inserting ‘‘this part’’. 

10 SEC. 6103. GENERAL PROVISIONS. 

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

12 striking part C. 

13 TITLE VII—INDIAN, NATIVE HA14 WAIIAN, AND ALASKA NATIVE 

15 EDUCATION 

16 PART A—INDIAN EDUCATION 

17 SEC. 7101. PURPOSE. 

18 Section 7102 (20 U.S.C. 7402) is amended to read 

19 as follows: 

20 ‘‘SEC. 7102. PURPOSE. 

21 ‘‘It is the purpose of this part to support the efforts 

22 of local educational agencies, Indian tribes and organiza23 tions, postsecondary institutions, and other entities— 

24 ‘‘(1) to ensure the academic achievement of In25 dian and Alaska Native students by meeting their 


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1 unique cultural, language, and educational needs, 

2 consistent with section 1111(a); 

3 ‘‘(2) to ensure that Indian and Alaska Native 

4 students gain knowledge and understanding of Na5 tive communities, languages, tribal histories, tradi6 tions, and cultures; and 

7 ‘‘(3) to ensure that principals, teachers, and 

8 other staff who serve Indian and Alaska Native stu9 dents have the ability to provide culturally appro10 priate and effective instruction to such students.’’. 

11 Subpart 1—Formula Grants to Local Educational 

12 Agencies 

13 SEC. 7111. FORMULA GRANT PURPOSE. 

14 Section 7111 (20 U.S.C. 7421) is amended to read 

15 as follows: 

16 ‘‘SEC. 7111. PURPOSE. 

17 ‘‘It is the purpose of this subpart to support local 

18 educational agencies in developing elementary school and 

19 secondary school programs that are designed to— 

20 ‘‘(1) meet the unique cultural, language, and 

21 educational needs of Indian students; and 

22 ‘‘(2) ensure that all students meet the college 

23 and career ready student academic achievement 

24 standards adopted under section 1111(a)(1).’’. 


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1 SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES, 

2 TRIBES, AND TRIBAL ORGANIZATIONS. 

3 Section 7112 (20 U.S.C. 7422) is amended— 

4 (1) in subsection (a), by striking ‘‘and Indian 

5 tribes’’ and inserting ‘‘Indian tribes, and tribal orga6 nizations’’; 

7 (2) in subsection (b)(2), by striking ‘‘a reserva8 tion’’ and inserting ‘‘an Indian reservation’’; and 

9 (3) by striking subsection (c) and inserting the 

10 following: 

11 ‘‘(c) INDIAN TRIBES AND TRIBAL ORGANIZATIONS.— 

12 ‘‘(1) IN GENERAL.—If a local educational agen13 cy that is otherwise eligible for a grant under this 

14 subpart does not establish a committee under section 

15 7114(c)(5) for such grant, an Indian tribe, a tribal 

16 organization (as defined for purposes of this title by 

17 section 4 of the Indian Self Determination and Edu18 cation Act (25 U.S.C. 450b)), or a consortium of 

19 such entities that represents not less than one-third 

20 of the eligible Indian children who are served by 

21 such local educational agency may apply for such 

22 grant. 

23 ‘‘(2) SPECIAL RULE.— 

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

25 treat each Indian tribe, tribal organization, or 

26 consortium of such entities applying for a grant 


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1 pursuant to paragraph (1) as if such entity 

2 were a local educational agency for purposes of 

3 this subpart. 

4 ‘‘(B) EXCEPTIONS.—Notwithstanding sub5 paragraph (A), such Indian tribe, tribal organi6 zation, or consortium shall not be subject to the 

7 requirements of subsections (b)(9) or (c)(5) of 

8 section 7114 or section 7118(c). 

9 ‘‘(3) ELIGIBILITY.—If more than 1 Indian 

10 tribe, tribal organization, or consortium of such enti11 ties qualify to apply for a grant under paragraph 

12 (1), the entity that represents the most eligible In13 dian children who are served by the local educational 

14 agency shall be eligible to receive the grant. 

15 ‘‘(4) UNAFFILIATED INDIAN TRIBES.—An In16 dian tribe that operates a school and is not affiliated 

17 with either the local educational agency or the Bu18 reau of Indian Education, shall be eligible to apply 

19 for a grant under this subpart. 

20 ‘‘(5) ASSURANCE TO SERVE ALL INDIAN CHIL21 DREN.—An Indian tribe, tribal organization, or con22 sortium of such entities that qualifies to apply for a 

23 grant under paragraph (1) shall provide in the appli24 cation an assurance that the entity will use the 


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1 grant funds to provide services to all Indian students 

2 served by the local educational agency.’’. 

3 SEC. 7113. AMOUNT OF GRANTS. 

4 Section 7113 (20 U.S.C. 7423) is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1), by striking ‘‘Bureau 

7 of Indian Affairs’’ and inserting ‘‘Bureau of In8 dian Education’’; and 

9 (B) in paragraph (2)— 

10 (i) by inserting ‘‘with other local edu11 cational agencies, Indian tribes, or tribal 

12 organizations’’ after ‘‘consortium’’; and 

13 (ii) by inserting ‘‘and operating pro14 grams’’ after ‘‘grants’’; 

15 (2) in subsection (d)— 

16 (A) in the heading, by striking ‘‘BUREAU

17 OF INDIAN AFFAIRS’’ and inserting ‘‘BUREAU

18 OF INDIAN EDUCATION’’; 

19 (B) in paragraph (1)(A)(i), by striking 

20 ‘‘the Bureau of Indian Affairs’’ and inserting 

21 ‘‘the Bureau of Indian Education’’; and 

22 (C) in paragraph (2), by striking ‘‘section 

23 7114(c)(4)’’ and inserting ‘‘section 7114(c)(5)’’; 

24 and 


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1 (3) in subsection (e), by striking ‘‘under section 

2 7152(a)’’ and inserting ‘‘to carry out this subpart’’. 

3 SEC. 7114. APPLICATIONS. 

4 (a) IN GENERAL.—Section 7114 (20 U.S.C. 7424) 

5 is amended— 

6 (1) in subsection (b)— 

7 (A) in paragraph (2)— 

8 (i) in subparagraph (A)— 

9 (I) by striking ‘‘is consistent 

10 with’’ and inserting ‘‘supports’’; and 

11 (II) by inserting ‘‘, tribal,’’ after 

12 ‘‘State’’; and 

13 (ii) in subparagraph (B), by striking 

14 ‘‘such goals’’ and all that follows through 

15 the semicolon at the end and inserting 

16 ‘‘such goals, to ensure such students meet 

17 the same college and career ready State 

18 academic achievement standards under sec19 tion 1111(a)(1) for all children;’’; 

20 (B) by striking paragraph (3) and insert21 ing the following: 

22 ‘‘(3) explains how the local educational agency 

23 will use the funds made available under this subpart 

24 to supplement other Federal, State, and local pro25 grams that meet the needs of such students;’’; 


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1 (C) in paragraph (5)(B), by striking ‘‘and’’ 

2 after the semicolon; 

3 (D) in paragraph (6)— 

4 (i) in subparagraph (B)— 

5 (I) in clause (i), by striking ‘‘sub6 section (c)(4)’’ and inserting ‘‘sub7 section (c)(5)’’; and 

8 (II) by striking clause (ii) and in9 serting the following: 

10 ‘‘(ii) the Indian tribes whose children 

11 are served by the local educational agency; 

12 and’’; 

13 (ii) in subparagraph (C), by striking 

14 the period at the end and inserting a semi15 colon; and 

16 (E) by adding at the end the following: 

17 ‘‘(7) provides an assurance that the local edu18 cational agency will coordinate activities under this 

19 title with other Federal programs supporting edu20 cational and related services administered by such 

21 agency; 

22 ‘‘(8) provides an assurance that the local edu23 cational agency conducted outreach to parents and 

24 family members to meet the requirements under 

25 subsection (c)(5); and 


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1 ‘‘(9) describes— 

2 ‘‘(A) the formal process the local edu3 cational agency used to collaborate with Indian 

4 tribes located in the community in the develop5 ment of the comprehensive programs; and 

6 ‘‘(B) the actions taken as a result of the 

7 collaboration.’’; 

8 (2) in subsection (c)— 

9 (A) in paragraph (1), by striking ‘‘the edu10 cation of Indian children, and not to supplant 

11 such funds’’ and inserting ‘‘services and activi12 ties consistent with those described in this sub13 part, and not to supplant such funds’’; 

14 (B) by redesignating paragraphs (2), (3), 

15 and (4), as paragraphs (3), (4), and (5), re16 spectively; 

17 (C) by inserting after paragraph (1) the 

18 following: 

19 ‘‘(2) the local educational agency will use funds 

20 received under this subpart only for activities de21 scribed and authorized under this subpart;’’; 

22 (D) in paragraph (3)(B), as redesignated 

23 by subparagraph (B), by inserting ‘‘, as meas24 ured by the State academic assessments re25 quired under section 1111(a)(2), high school 


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1 graduation rates, and other academic outcomes 

2 as appropriate,’’ after ‘‘effective’’; 

3 (E) in paragraph (4)(C), as redesignated 

4 by subparagraph (B), by striking ‘‘and’’ after 

5 the semicolon; 

6 (F) in paragraph (5), as redesignated by 

7 subparagraph (B)— 

8 (i) by inserting ‘‘and family members’’ 

9 after ‘‘parents’’ each place the term ap10 pears; 

11 (ii) in subparagraph (D)(ii), by strik12 ing ‘‘and’’ after the semicolon; 

13 (iii) in subparagraph (E), by striking 

14 the period at the end and inserting a semi15 colon; and 

16 (iv) by adding at the end the fol17 lowing: 

18 ‘‘(F) that shall determine the extent to 

19 which the activities of the local educational 

20 agency will address the unique cultural, lan21 guage, and education needs of Indian students; 

22 and 

23 ‘‘(G) that shall determine the extent to 

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1 cational experiences of American Indian stu2 dents.’’. 

3 SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES. 

4 Section 7115 (20 U.S.C. 7425) is amended— 

5 (1) in subsection (a)— 

6 (A) by adjusting the margin of paragraph 

7 (1) to align with paragraphs (2) and (3); and 

8 (B) in paragraph (1), by inserting ‘‘solely 

9 for the services and activities described in such 

10 application’’ after ‘‘section 7114(a)’’; 

11 (2) in subsection (b)— 

12 (A) by redesignating paragraphs (1) 

13 through (11) as paragraphs (2) through (12), 

14 respectively; 

15 (B) by inserting before paragraph (2), as 

16 redesignated by subparagraph (A), the fol17 lowing: 

18 ‘‘(1) activities that support Native American 

19 language immersion programs and Native American 

20 language restoration programs, which may be taught 

21 by traditional leaders;’’; 

22 (C) in paragraph (3), as redesignated by 

23 subparagraph (A), by striking ‘‘early childhood’’ 

24 and inserting ‘‘high-quality early care and edu25 cation’’; 


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1 (D) in paragraph (4), as redesignated by 

2 subparagraph (A), by striking ‘‘challenging 

3 State academic content and student academic 

4 achievement standards’’ and inserting ‘‘college 

5 and career ready State academic content and 

6 student academic achievement standards under 

7 section 1111(a)’’; 

8 (E) by striking paragraph (5), as redesig9 nated by subparagraph (A), and inserting the 

10 following: 

11 ‘‘(5) programs that promote parent, family, and 

12 tribal engagement to meet the unique needs of In13 dian and Alaska Native children;’’; 

14 (F) by striking paragraph (7), as redesig15 nated by subparagraph (A), and inserting the 

16 following: 

17 ‘‘(7) activities to educate individuals so as to 

18 prevent violence, suicide, and substance abuse;’’; 

19 (G) by striking paragraph (10), as redesig20 nated by subparagraph (A), and inserting the 

21 following: 

22 ‘‘(10) activities that incorporate culturally and 

23 linguistically relevant curriculum content into class24 room instruction that is responsive to the unique 

25 learning styles of Indian and Alaska Native children 


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1 to ensure that such children are better able to meet 

2 the student academic achievement standards, con3 sistent with section 1111(a);’’; 

4 (H) by striking paragraph (11), as redesig5 nated by subparagraph (A) and inserting the 

6 following: 

7 ‘‘(11) family literacy activities;’’; 

8 (I) in paragraph (12), as redesignated by 

9 subparagraph (A), by striking ‘‘qualified tribal 

10 elders and seniors.’’ and inserting ‘‘traditional 

11 leaders; and’’; and 

12 (J) by adding at the end the following: 

13 ‘‘(13) dropout prevention strategies, and strate14 gies— 

15 ‘‘(A) to meet the educational needs of at16 risk Indian students in correctional facilities; 

17 and 

18 ‘‘(B) to support Indian students who are 

19 transitioning from such facilities to schools 

20 served by local educational agencies.’’; 

21 (3) in subsection (c)(1), by striking ‘‘section 

22 7114(c)(4)’’ and inserting ‘‘section 7114(c)(5)’’; and 

23 (4) by adding at the end the following: 

24 ‘‘(e) LIMITATION ON USE OF FUNDS.—Funds pro25 vided to a grantee under this subpart may not be used 


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1 for long-distance travel expenses for training activities 

2 available locally or regionally.’’. 

3 SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED. 

4 Section 7116 (20 U.S.C. 7426) is amended— 

5 (1) in subsection (d)(9), by striking ‘‘section 

6 7114(c)(4)’’ and inserting ‘‘section 7114(c)(5)’’; 

7 (2) in subsection (g), in the matter preceding 

8 paragraph (1)— 

9 (A) by striking ‘‘the No Child Left Behind 

10 Act of 2001’’ and inserting ‘‘the Elementary 

11 and Secondary Education Reauthorization Act 

12 of 2011’’; 

13 (B) by inserting ‘‘the Secretary of Health 

14 and Human Services,’’ after ‘‘the Secretary of 

15 the Interior,’’; and 

16 (C) by inserting ‘‘and coordination’’ after 

17 ‘‘providing for the implementation’’; 

18 (3) by striking subsection (o) and inserting the 

19 following: 

20 ‘‘(o) REPORT ON STATUTORY OBSTACLES TO, AND

21 BEST PRACTICES FOR, PROGRAM INTEGRATION.— 

22 ‘‘(1) IN GENERAL.—Not later than 3 years 

23 after the date of enactment of the Elementary and 

24 Secondary Education Reauthorization Act of 2011, 

25 the Secretary of Education shall submit a report to 


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1 the authorizing committees, the Committee on In2 dian Affairs of the Senate, and the Committee on 

3 Natural Resources of the House of Representatives 

4 on the results of the implementation of the dem5 onstration projects authorized under this section. 

6 ‘‘(2) CONTENTS.—Such report shall identify— 

7 ‘‘(A) statutory barriers to the ability of 

8 participants to integrate more effectively their 

9 education and related services to Indian stu10 dents in a manner consistent with the objectives 

11 of this section; and 

12 ‘‘(B) the best practices for program inte13 gration that result in increased student pro14 ficiency, graduation rates, and other relevant 

15 academic outcomes for Indian and Alaska Na16 tive students.’’. 

17 SEC. 7117. STUDENT ELIGIBILITY FORMS. 

18 Section 7117 (20 U.S.C. 7427) is amended— 

19 (1) in subsection (b)(1)— 

20 (A) in subparagraph (A)(ii), by inserting 

21 ‘‘or membership’’ after ‘‘enrollment’’; and 

22 (B) in subparagraph (B), by inserting ‘‘or 

23 membership’’ after ‘‘enrollment’’; 

24 (2) by striking subsection (d) and inserting the 

25 following: 


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1 ‘‘(d) FORMS AND STANDARDS OF PROOF.— 

2 ‘‘(1) TYPES OF PROOF.—For purposes of deter3 mining whether a child is eligible to be counted for 

4 the purpose of computing the amount of a grant 

5 award under section 7113, the membership of the 

6 child, or any parent or grandparent of the child, in 

7 a tribe or tribal organization may be established by 

8 proof other than an enrollment number, notwith9 standing the availability of an enrollment number 

10 for a member of such tribe or tribal organization. 

11 ‘‘(2) PREVIOUSLY FILED FORMS.—An Indian 

12 student eligibility form that was on file as required 

13 by this section on the day before the date of enact14 ment of the Elementary and Secondary Education 

15 Reauthorization Act of 2011 and that met the re16 quirements of this section, as this section was in ef17 fect on the day before the date of enactment of such 

18 Act, shall remain valid for such Indian student.’’; 

19 (3) by striking subsection (e); 

20 (4) by redesignating subsection (f) as sub21 section (e); 

22 (5) by inserting after subsection (e), as redesig23 nated by paragraph (4), the following: 

24 ‘‘(f) TECHNICAL ASSISTANCE.—The Secretary shall 

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1 sistance to a local educational agency upon request, in ad2 dition to any technical assistance available under section 

3 1116 or available through the Institute of Education 

4 Sciences, to support the services and activities described 

5 under this section, including for the— 

6 ‘‘(1) development of applications under this sec7 tion; 

8 ‘‘(2) improvement in the quality of implementa9 tion, content of activities, and evaluation of activities 

10 supported under this subpart; 

11 ‘‘(3) integration of activities under this title 

12 with other educational activities established by the 

13 local educational agency; and 

14 ‘‘(4) coordination of activities under this title 

15 with programs administered by each Federal agency 

16 providing grants for the provision of educational and 

17 related services.’’; and 

18 (6) in subsection (g), by striking ‘‘the Bureau 

19 of Indian Affairs’’ and inserting ‘‘the Bureau of In20 dian Education’’. 


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1 Subpart 2—Special Programs and Projects to Im2 prove Educational Opportunities for Indian 

3 Children and Youth 

4 SEC. 7121 SPECIAL PROGRAMS AND PROJECTS TO IM5 PROVE EDUCATIONAL OPPORTUNITIES FOR 

6 INDIAN CHILDREN AND YOUTH. 

7 Subpart 2 of part A of title VII is amended by insert8 ing ‘‘and Youth’’ after ‘‘children’’ in the subpart 

9 heading. 

10 SEC. 7122. IMPROVEMENT OF EDUCATIONAL OPPORTUNI11 TIES FOR INDIAN CHILDREN AND YOUTH. 

12 Section 7121 (20 U.S.C. 7441) is amended— 

13 (1) in the heading, by adding ‘‘AND YOUTH’’ 

14 after ‘‘CHILDREN’’; 

15 (2) in subsection (a), by inserting ‘‘and youth’’ 

16 after ‘‘children’’ both places the term appears; 

17 (3) in subsection (c)— 

18 (A) by inserting ‘‘and youth’’ after ‘‘chil19 dren’’ each place the term appears; and 

20 (B) in paragraph (1)— 

21 (i) in subparagraph (D), by inserting 

22 ‘‘emotional,’’ after ‘‘social,’’; 

23 (ii) by striking subparagraph (G) and 

24 inserting the following: 

25 ‘‘(G) high-quality early childhood education 

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1 paring young children to be on track for college 

2 and career readiness by the end of grade 3, in3 cluding kindergarten and prekindergarten pro4 grams, family-based preschool programs that 

5 emphasize school readiness, screening and refer6 ral, and the provision of services to Indian chil7 dren and youth with disabilities;’’; 

8 (iii) in subparagraph (K), by striking 

9 ‘‘family literacy services’’ and inserting 

10 ‘‘family literacy activities’’; 

11 (iv) in subparagraph (L), by striking 

12 ‘‘qualified tribal elders and seniors; or’’ 

13 and inserting ‘‘traditional leaders;’’; 

14 (v) in subparagraph (M), by striking 

15 the period at the end and inserting ‘‘; or’’; 

16 and 

17 (vi) by adding at the end the fol18 lowing: 

19 ‘‘(N) other services that meet the purpose 

20 described in this section.’’; 

21 (C) in paragraph (2), by striking ‘‘Profes22 sional development of’’ and inserting ‘‘High23 quality professional development of’’; 

24 (4) in subsection (d)— 


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1 (A) in paragraph (1)(C), by striking 

2 ‘‘make a grant payment for a grant described 

3 in this paragraph to an eligible entity after the 

4 initial year of the multiyear grant only if the 

5 Secretary determines’’ and inserting ‘‘award 

6 grants for an initial period of not more than 3 

7 years and may renew such grants for not more 

8 than an additional 2 years if the Secretary de9 termines’’; and 

10 (B) in paragraph (3)(B)— 

11 (i) in clause (i), by striking ‘‘parents 

12 of Indian children and representatives of 

13 Indian tribes’’ and inserting ‘‘family mem14 bers of Indian children and youth and offi15 cial representatives designated by the In16 dian tribes’’; and 

17 (ii) in clause (iii)— 

18 (I) by striking ‘‘information’’ and 

19 inserting ‘‘evidence’’; and 

20 (II) by striking ‘‘scientifically 

21 based’’ and inserting ‘‘evidence22 based’’; and 

23 (5) by adding at the end the following: 

24 ‘‘(f) CONTINUATION.—Notwithstanding any other 

25 provision of this section, a grantee that is carrying out 


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1 activities pursuant to a grant awarded under this section 

2 prior to the date of enactment of the Elementary and Sec3 ondary Education Reauthorization Act of 2011 may con4 tinue to carry out such activities under such grant in ac5 cordance with the terms of that grant award.’’. 

6 SEC. 7123. PROFESSIONAL DEVELOPMENT FOR TEACHERS 

7 AND EDUCATION PROFESSIONALS. 

8 Section 7122 (20 U.S.C. 7442) is amended— 

9 (1) in subsection (a), by striking paragraphs 

10 (1) and (2) and inserting the following: 

11 ‘‘(1) to increase the number of qualified Indian 

12 teachers and administrators serving Indian students; 

13 ‘‘(2) to recruit and provide training and sup14 port to qualified Indian individuals to enable such 

15 individuals to become highly rated teachers or ad16 ministrators; and’’; 

17 (2) in subsection (d), by adding at the end the 

18 following: 

19 ‘‘(3) CONTINUATION.—Notwithstanding any 

20 other provision of this section, a grantee that is car21 rying out activities pursuant to a grant awarded 

22 under this section prior to the date of enactment of 

23 the Elementary and Secondary Education Reauthor24 ization Act of 2011 may continue to carry out such 


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1 activities under such grant in accordance with the 

2 terms of that award.’’; 

3 (3) by striking subsection (e) and inserting the 

4 following: 

5 ‘‘(e) APPLICATION.—Each eligible entity desiring a 

6 grant under this section shall submit an application to the 

7 Secretary at such time, in such manner, and accompanied 

8 by such information, as the Secretary may reasonably re9 quire. At a minimum, an application under this section 

10 shall describe how the eligible entity will— 

11 ‘‘(1) recruit qualified Indian individuals, such 

12 as students who may not be of traditional college 

13 age, to become teachers or principals; 

14 ‘‘(2) use funds made available under the grant 

15 to support the recruitment, preparation, and profes16 sional development of Indian teachers or principals 

17 in local educational agencies that serve a high pro18 portion of Indian students; and 

19 ‘‘(3) assist participants in meeting the require20 ments under subsection (h).’’; and 

21 (4) by striking subsection (g) and inserting the 

22 following: 

23 ‘‘(g) GRANT PERIOD.—The Secretary shall award 

24 grants under this section for an initial period of not more 

25 than 3 years, and may renew such grants for not more 


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1 than an additional 2 years if the Secretary finds that the 

2 grantee is achieving the objectives of the grant.’’; and 

3 (5) in subsection (h)(1)(A), by striking clause 

4 (ii) and inserting the following: 

5 ‘‘(ii) in a local educational agency that 

6 serves a high proportion of Indian stu7 dents; or’’. 

8 Subpart 3—National Activities 

9 SEC. 7131. NATIONAL ACTIVITIES. 

10 Subpart 3 of part A of title VII (20 U.S.C. 7451 et 

11 seq.) is amended— 

12 (1) in section 7131— 

13 (A) in subsection (a)— 

14 (i) in the matter preceding paragraph 

15 (1) by striking ‘‘under section 7152(b)’’ 

16 and inserting ‘‘to carry out this subpart’’; 

17 (ii) in paragraph (1), by striking ‘‘the 

18 education’’ and inserting ‘‘improving the 

19 academic achievement and development’’; 

20 (iii) by striking paragraph (2); 

21 (iv) by redesignating paragraph (3) as 

22 paragraph (2); 

23 (v) in paragraph (2), as redesignated 

24 by clause (iii), by striking ‘‘Indians; and’’ 

25 and inserting ‘‘Indian students;’’; and 


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1 (vi) by inserting after paragraph (2), 

2 as redesignated by clause (iii), the fol3 lowing: 

4 ‘‘(3) provide technical assistance and logistical 

5 support to grantees under this subpart; and’’; and 

6 (B) by striking subsection (c) and insert7 ing the following: 

8 ‘‘(c) COORDINATION.—Research activities supported 

9 under this section— 

10 ‘‘(1) shall be coordinated with appropriate of11 fices within the Department; and 

12 ‘‘(2) may include collaborative research activi13 ties that are jointly funded and carried out by the 

14 Bureau of Indian Education and the Institute of 

15 Education Sciences.’’; 

16 (2) by striking sections 7132, 7133, 7134, 

17 7135, and 7136; and 

18 (3) by inserting at the end the following: 

19 ‘‘SEC. 7132. IMPROVEMENT OF ACADEMIC SUCCESS FOR 

20 STUDENTS THROUGH NATIVE AMERICAN 

21 LANGUAGE. 

22 ‘‘(a) PURPOSE.—It is the purpose of this section to 

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1 tive American language programs and to foster the acqui2 sition of Native American language. 

3 ‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 

4 ‘eligible entity’ means a State educational agency, local 

5 educational agency, Indian tribe, Indian organization, fed6 erally supported elementary school or secondary school for 

7 Indian students, Indian institution (including an Indian 

8 institution of higher education), or a consortium of such 

9 entities. 

10 ‘‘(c) GRANTS AUTHORIZED.—The Secretary shall 

11 award grants to eligible entities to enable such entities to 

12 carry out the following activities: 

13 ‘‘(1) Native American language programs 

14 that— 

15 ‘‘(A) provide instruction through the use of 

16 a Native American language for not less than 

17 10 children for an average of not less than 500 

18 hours per year per student; 

19 ‘‘(B) provide for the involvement of par20 ents, caregivers, and families of students en21 rolled in the program; 

22 ‘‘(C) utilize, and may include the develop23 ment of instructional courses and materials for 

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1 struction through the use of Native American 

2 languages; 

3 ‘‘(D) provide support for professional de4 velopment activities; and 

5 ‘‘(E) include a goal of all students achiev6 ing— 

7 ‘‘(i) fluency in a Native American lan8 guage; and 

9 ‘‘(ii) academic proficiency in mathe10 matics, English, reading or language arts, 

11 and science. 

12 ‘‘(2) Native American language restoration pro13 grams that— 

14 ‘‘(A) provide instruction in not less than 1 

15 Native language; 

16 ‘‘(B) provide support for professional de17 velopment activities for teachers of Native 

18 American languages; 

19 ‘‘(C) develop instructional materials for the 

20 programs; and 

21 ‘‘(D) include the goal of increasing pro22 ficiency and fluency in not less than 1 Native 

23 American language. 

24 ‘‘(d) APPLICATION.— 


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1 ‘‘(1) IN GENERAL.—An eligible entity that de2 sires to receive a grant under this section shall sub3 mit an application to the Secretary at such time, in 

4 such manner, and accompanied by such information 

5 as the Secretary may require. 

6 ‘‘(2) CERTIFICATION.—An eligible entity that 

7 submits an application for a grant to carry out the 

8 activity specified in subsection (c)(1), shall include 

9 in such application a certification that assures that 

10 such entity has experience and a demonstrated 

11 record of effectiveness in operating and admin12 istering a Native American language program or any 

13 other educational program in which instruction is 

14 conducted in a Native American language. 

15 ‘‘(e) GRANT DURATION.—The Secretary shall make 

16 grants under this section only on a multi-year basis for 

17 a period not to exceed 5 years. 

18 ‘‘(f) DEFINITION.—In this section, the term ‘average’ 

19 means the aggregate number of hours of instruction 

20 through the use of a Native American language to all stu21 dents enrolled in a Native language program during a 

22 school year divided by the total number of students en23 rolled in the program. 

24 ‘‘(g) ADMINISTRATIVE COSTS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), not more than 5 percent of the funds pro3 vided to a grantee under this section for any fiscal 

4 year may be used for administrative purposes. 

5 ‘‘(2) EXCEPTION.—An elementary school or 

6 secondary school for Indian students that receives 

7 funds from a recipient of a grant under subsection 

8 (c) for any fiscal year may use not more than 10 

9 percent of the funds for administrative purposes. 

10 ‘‘SEC. 7133. IMPROVING STATE AND TRIBAL EDUCATIONAL 

11 AGENCY COLLABORATION. 

12 ‘‘The Secretary, in consultation with the Director of 

13 the Bureau of Indian Education, shall conduct a study of 

14 the relationship among State educational agencies, local 

15 educational agencies, and other relevant State and local 

16 agencies, and tribes or tribal representatives to— 

17 ‘‘(1) identify examples of best practices in col18 laboration among those entities that result in the 

19 provision of better services to Indian students; and 

20 ‘‘(2) provide recommendations on— 

21 ‘‘(A) State educational agency functions 

22 that tribal educational agencies could perform; 

23 ‘‘(B) areas and agency functions in which 

24 greater State educational agency and tribal 

25 educational agency collaboration is needed; and 


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1 ‘‘(C) other steps to reducing barriers to 

2 serving Indian students, especially such stu3 dents who are at risk of academic failure.’’. 

4 Subpart 4—Federal Administration 

5 SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDU6 CATION. 

7 Section 7141(b)(1) (20 U.S.C. 7471(b)(1)) is amend8 ed by inserting ‘‘and the Secretary of the Interior’’ after 

9 ‘‘advise the Secretary’’. 

10 Subpart 5—Definitions; Authorization of 

11 Appropriations 

12 SEC. 7151. DEFINITIONS; AUTHORIZATION OF APPROPRIA13 TIONS. 

14 Subpart 5 of part A of title VII is amended— 

15 (1) in the subpart heading, by striking ‘‘; Au16 thorizations of Appropriations’’; 

17 (2) by striking section 7152; and 

18 (3) in section 7151 (20 U.S.C. 7491)— 

19 (A) by striking paragraph (2); 

20 (B) by redesignating paragraph (3) as 

21 paragraph (2); and 

22 (C) by adding at the end the following: 

23 ‘‘(3) TRADITIONAL LEADERS.—The term ‘tradi24 tional leaders’ has the meaning given the term in the 


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1 Native American Languages Act of 1990 (25 U.S.C. 

2 2902).’’. 

3 PART B—NATIVE HAWAIIAN EDUCATION; ALASKA 

4 NATIVE EDUCATION 

5 SEC. 7201. NATIVE HAWAIIAN EDUCATION AND ALASKA NA6 TIVE EDUCATION. 

7 Title VII (20 U.S.C. 7401 et seq.) is amended— 

8 (1) in part B, by striking the heading and in9 serting the following: ‘‘NATIVE HAWAIIAN EDU10 CATION; ALASKA NATIVE EDUCATION’’; 

11 (2) by inserting before section 7201 the fol12 lowing: ‘‘Subpart 1—Native Hawaiian Edu13 cation’’; 

14 (3) in section 7201, by striking ‘‘part’’ and in15 serting ‘‘subpart’’; 

16 (4) by redesignating part C as subpart 2; and 

17 (5) in subpart 2, as redesignated by paragraph 

18 (4), by striking the heading and inserting ‘‘Alaska 

19 Native Education’’. 

20 Subpart 1—Native Hawaiian Education 

21 SEC. 7202. FINDINGS. 

22 Section 7202 (20 U.S.C. 7512) is amended to read 

23 as follows: 

24 ‘‘SEC. 7202. FINDINGS. 

25 ‘‘Congress finds the following: 


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1 ‘‘(1) Native Hawaiians are a distinct and 

2 unique indigenous people with a historical continuity 

3 to the original inhabitants of the Hawaiian archi4 pelago, whose society was organized as a nation and 

5 internationally recognized as a nation by the United 

6 States, Britain, France, and Japan, as evidenced by 

7 treaties governing friendship, commerce, and naviga8 tion. 

9 ‘‘(2) The United States has recognized and re10 affirmed that— 

11 ‘‘(A) Native Hawaiians have a cultural, 

12 historic, and land-based link to the indigenous 

13 people who exercised sovereignty over the Ha14 waiian Islands, and that group has never relin15 quished its claims to sovereignty or its sov16 ereign lands; 

17 ‘‘(B) Congress does not extend services to 

18 Native Hawaiians because of their race, but be19 cause of their unique status as the indigenous 

20 people of a once sovereign nation as to whom 

21 the United States has established a trust rela22 tionship; 

23 ‘‘(C) Congress has also delegated broad 

24 authority to administer a portion of the Federal 

25 trust responsibility to the State of Hawaii; 


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1 ‘‘(D) the political status of Native Hawai2 ians is comparable to that of American Indians 

3 and Alaska Natives; and 

4 ‘‘(E) the aboriginal, indigenous people of 

5 the United States have— 

6 ‘‘(i) a continuing right to autonomy in 

7 their internal affairs; and 

8 ‘‘(ii) an ongoing right of self-deter9 mination and self-governance that has 

10 never been extinguished. 

11 ‘‘(3) The political relationship between the 

12 United States and the Native Hawaiian people has 

13 been recognized and reaffirmed by the United 

14 States, as evidenced by the inclusion of Native Ha15 waiians in— 

16 ‘‘(A) the Native American Programs Act of 

17 1974 (42 U.S.C. 2991 et seq.); 

18 ‘‘(B) the American Indian Religious Free19 dom Act (42 U.S.C. 1996); 

20 ‘‘(C) the National Museum of the Amer21 ican Indian Act (20 U.S.C. 80q et seq.); 

22 ‘‘(D) the Native American Graves Protec23 tion and Repatriation Act (25 U.S.C. 3001 et 

24 seq.); 


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1 ‘‘(E) the National Historic Preservation 

2 Act (16 U.S.C. 470 et seq.); 

3 ‘‘(F) the Native American Languages Act 

4 (25 U.S.C. 2901 et seq.); 

5 ‘‘(G) the American Indian, Alaska Native, 

6 and Native Hawaiian Culture and Art Develop7 ment Act (20 U.S.C. 4401 et seq.); 

8 ‘‘(H) the Workforce Investment Act of 

9 1998 (29 U.S.C. 2801 et seq.); and 

10 ‘‘(I) the Older Americans Act of 1965 (42 

11 U.S.C. 3001 et seq.). 

12 ‘‘(4) In 1993, 2005, and 2009 the Kameha13 meha Schools Bishop Estate released an updated 

14 findings of the Native Hawaiian Educational Assess15 ment Project, which found that despite the successes 

16 of the programs established under title IV of the Au17 gustus F. Hawkins-Robert T. Stafford Elementary 

18 and Secondary School Improvement Amendments of 

19 1988, many of the same educational needs still ex20 isted for Native Hawaiians. Subsequent reports by 

21 the Kamehameha Schools Bishop Estate and other 

22 organizations have generally confirmed those find23 ings. For example— 

24 ‘‘(A) Native Hawaiian students continue to 

25 begin their school experience lagging behind 


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1 other students in terms of readiness factors 

2 such as vocabulary test scores; 

3 ‘‘(B) Native Hawaiian students continue to 

4 score below national norms on standardized 

5 education achievement tests at all grade levels; 

6 ‘‘(C) both public and private schools con7 tinue to show a pattern of lower percentages of 

8 Native Hawaiian students in the uppermost 

9 achievement levels and in gifted and talented 

10 programs; 

11 ‘‘(D) Native Hawaiian students continue to 

12 be overrepresented among students qualifying 

13 for special education programs provided to stu14 dents with learning disabilities, mild mental re15 tardation, emotional impairment, and other 

16 such disabilities; 

17 ‘‘(E) Native Hawaiians continue to be 

18 underrepresented in institutions of higher edu19 cation and among adults who have completed 4 

20 or more years of college; and 

21 ‘‘(F) Native Hawaiians continue to be dis22 proportionately represented in many negative 

23 social and physical statistics indicative of spe24 cial educational needs. 


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1 ‘‘(5) Native Hawaiian students served by the 

2 State of Hawaii Department of Education has risen 

3 from 20 percent in 1980 to 26 percent in 2008, and 

4 there are and will continue to be geographically 

5 rural, isolated areas with a high Native Hawaiian 

6 population density. 

7 ‘‘(6) Despite the consequences of more than 

8 100 years of nonindigenous influence, the Native 

9 Hawaiian people are determined to preserve, de10 velop, and transmit to future generations their an11 cestral territory and their cultural identity in accord12 ance with their own spiritual and traditional beliefs, 

13 customs, practices, language, and social institutions. 

14 ‘‘(7) The State of Hawaii, in the constitution 

15 and statutes of the State of Hawaii— 

16 ‘‘(A) reaffirms and protects the unique 

17 right of the Native Hawaiian people to practice 

18 and perpetuate their culture and religious cus19 toms, beliefs, practices, and language; 

20 ‘‘(B) recognizes the traditional language of 

21 the Native Hawaiian people as an official lan22 guage of the State of Hawaii, which may be 

23 used as the language of instruction for all sub24 jects and grades in the public school system; 

25 and 


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1 ‘‘(C) promotes the study of the Hawaiian 

2 culture, language, and history by providing a 

3 Hawaiian education program and using commu4 nity expertise as a suitable and essential means 

5 to further the program.’’. 

6 SEC. 7203. PURPOSES. 

7 Section 7203 (20 U.S.C. 7513) is amended to read 

8 as follows: 

9 ‘‘SEC. 7203. PURPOSES. 

10 ‘‘The purposes of this subpart are to— 

11 ‘‘(1) develop, implement, assess, expand, and 

12 evaluate innovative educational programs, Native 

13 Hawaiian language medium programs, Native Ha14 waiian culture-based education programs, and other 

15 education programs to improve the academic 

16 achievement of Native Hawaiian students by meet17 ing their unique cultural and language needs to help 

18 such students meet college and career ready State 

19 academic content and student academic achievement 

20 standards adopted under section 1111(a)(1); 

21 ‘‘(2) provide guidance to appropriate Federal, 

22 State, and local agencies to more effectively and effi23 ciently focus resources, including resources made 

24 available under this subpart, on the development and 

25 implementation of— 


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1 ‘‘(A) innovative educational programs for 

2 Native Hawaiian students; 

3 ‘‘(B) rigorous and substantive Native Ha4 waiian language programs; and 

5 ‘‘(C) Native Hawaiian culture-based edu6 cational programs; and 

7 ‘‘(3) create a system by which information from 

8 programs funded under this subpart will be col9 lected, analyzed, evaluated, reported, and used in de10 cision making activities with respect to the types of 

11 grants awarded under this subpart.’’. 

12 SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL. 

13 Section 7204 (20 U.S.C. 7514) is amended to read 

14 as follows: 

15 ‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL. 

16 ‘‘(a) ESTABLISHMENT OF NATIVE HAWAIIAN EDU17 CATION COUNCIL.—In order to better effectuate the pur18 poses of this subpart through the coordination of edu19 cational and related services and programs available to 

20 Native Hawaiian students, including those programs re21 ceiving funding under this subpart, the Secretary shall es22 tablish a Native Hawaiian Education Council (referred to 

23 in this subpart as the ‘Education Council’). 

24 ‘‘(b) COMPOSITION.— 


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1 ‘‘(1) IN GENERAL.—The Education Council 

2 shall consist of 15 members of whom— 

3 ‘‘(A) 1 shall be the President of the Uni4 versity of Hawaii (or a designee); 

5 ‘‘(B) 1 shall be the Governor of the State 

6 of Hawaii (or a designee); 

7 ‘‘(C) 1 shall be the Superintendent of the 

8 State of Hawaii Department of Education (or a 

9 designee); 

10 ‘‘(D) 1 shall be the chairperson of the Of11 fice of Hawaiian Affairs (or a designee); 

12 ‘‘(E) 1 shall be the executive director of 

13 the Hawaii Charter School Network (or a des14 ignee); 

15 ‘‘(F) 1 shall be the chief executive officer 

16 of the Kamehameha Schools (or a designee); 

17 ‘‘(G) 1 shall be the chairperson of the 

18 Queen Liliuokalani Trust (or a designee); 

19 ‘‘(H) 1 shall be a member, selected by the 

20 other members of the Education Council, who 

21 represents a private grant making entity (or a 

22 designee); 

23 ‘‘(I) 1 shall be the mayor of the County of 

24 Hawaii (or a designee); 


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1 ‘‘(J) 1 shall be the Mayor of Maui County 

2 (or a designee from the Island of Maui); 

3 ‘‘(K) 1 shall be the Mayor of the County 

4 of Kauai (or a designee); 

5 ‘‘(L) 1 shall be appointed by the Mayor of 

6 Maui County from the Island of either Molokai 

7 or Lanai; 

8 ‘‘(M) 1 shall be the Mayor of the City and 

9 County of Honolulu (or a designee); 

10 ‘‘(N) 1 shall be the Chairperson of the Ha11 waiian Homes Commission (or a designee); and 

12 ‘‘(O) 1 shall be the Chairperson of the Ha13 waii Workforce Development Council (or a des14 ignee representing the private sector). 

15 ‘‘(2) LIMITATION.—A member of the Education 

16 Council, including a designee, may not receive, as an 

17 individual, grant funds awarded under this subpart 

18 while serving on the Education Council. 

19 ‘‘(c) CHAIR, VICE CHAIR.— 

20 ‘‘(1) SELECTION.—The Education Council shall 

21 select a Chair and Vice Chair from among the mem22 bers of the Education Council. 

23 ‘‘(2) SERVICE.—The Chair and Vice Chair se24 lected under paragraph (1) shall each serve for one 

25 2-year term. 


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1 ‘‘(d) NATIVE HAWAIIAN EDUCATION COUNCIL

2 GRANT.—The Secretary shall make a grant to the Edu3 cation Council to carry out the following activities: 

4 ‘‘(1) Coordinate the educational and related 

5 services and programs available to Native Hawaiian 

6 students, including the programs assisted under this 

7 subpart. 

8 ‘‘(2) Assess the extent to which such services 

9 and programs meet the needs of Native Hawaiians, 

10 and collect data on the status of Native Hawaiian 

11 education. 

12 ‘‘(3) Provide direction and guidance, through 

13 the issuance of reports and recommendations, to ap14 propriate Federal, State, and local agencies in order 

15 to focus and improve the use of resources, including 

16 resources made available under this subpart, relating 

17 to Native Hawaiian student education, and serve, 

18 where appropriate, in an advisory capacity. 

19 ‘‘(4) Make direct grants and subgrants, if such 

20 grants and subgrants would enable the Education 

21 Council to carry out the duties of the Education 

22 Council, as described in paragraphs (1) through (3). 

23 ‘‘(5) Hire an executive director who shall, 

24 through the Education Council, execute the duties 


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1 and powers of the Education Council as described in 

2 subsection (e). 

3 ‘‘(e) DUTIES AND POWERS OF THE EDUCATION

4 COUNCIL.—The Education Council shall— 

5 ‘‘(1) obtain from the Secretary information re6 garding grants awarded under this subpart; 

7 ‘‘(2) provide technical assistance to Native Ha8 waiian organizations that are grantees or potential 

9 grantees under this subpart; 

10 ‘‘(3) assess and define the educational needs of 

11 Native Hawaiian students; 

12 ‘‘(4) assess the programs and services currently 

13 available to address the educational needs of Native 

14 Hawaiian students; 

15 ‘‘(5) assess and evaluate the individual and ag16 gregate impact achieved by grantees in improving 

17 Native Hawaiian educational performance and meet18 ing the goals of this subpart; 

19 ‘‘(6) prepare and submit to the Secretary, be20 fore the end of each calendar year, annual reports 

21 that contain— 

22 ‘‘(A) a description of the activities of the 

23 Education Council during the preceding cal24 endar year; 


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1 ‘‘(B) recommendations of the Education 

2 Council, if any, regarding priorities established 

3 under section 7205(b); 

4 ‘‘(C) significant barriers to achieving the 

5 goals under this part; 

6 ‘‘(D) a summary of each community con7 sultation session, as described in subsection (f); 

8 ‘‘(E) recommendations to establish funding 

9 priorities based on an assessment of— 

10 ‘‘(i) the educational needs of Native 

11 Hawaiians; 

12 ‘‘(ii) programs and services currently 

13 available to address such needs, including 

14 the effectiveness of such programs in im15 proving educational performance of Native 

16 Hawaiians; and 

17 ‘‘(iii) priorities for funding in specific 

18 geographic communities; and 

19 ‘‘(7) hold annual community consultations as 

20 described in subsection (f). 

21 ‘‘(f) COMMUNITY CONSULTATIONS.— 

22 ‘‘(1) IN GENERAL.—The Education Council 

23 shall hold not less than 1 community consultation 

24 each year on each of the Islands of Hawaii, Maui, 

25 Molokai, Lanai, Oahu, and Kauai— 


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1 ‘‘(A) which not less than 3 members of the 

2 Education Council shall attend; 

3 ‘‘(B) at which the Education Council shall 

4 gather community input regarding— 

5 ‘‘(i) entities that are, at the time of 

6 the community consultation, receiving a 

7 grant under this subpart; 

8 ‘‘(ii) priorities and needs; 

9 ‘‘(iii) other Native Hawaiian edu10 cational issues; and 

11 ‘‘(C) at which the Education Council shall 

12 report to the community on the outcomes of the 

13 grants awarded under this subpart. 

14 ‘‘(2) SUPPORT FOR COMMUNITY CONSULTA15 TIONS.—The Education Council may, from funds 

16 made available under section 7205(h)(1), provide 

17 such financial support to the community consulta18 tions described in paragraph (1) as the Education 

19 Council determines to be appropriate. 

20 ‘‘(g) ADMINISTRATIVE PROVISIONS RELATING TO

21 EDUCATION COUNCIL.—The Education Council shall 

22 meet at the call of the Chair of the Council, or upon re23 quest by a majority of the members of the Education 

24 Council, but in any event not less often than every 120 

25 days. 


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1 ‘‘(h) FUNDING.— 

2 ‘‘(1) IN GENERAL.—For each fiscal year, the 

3 Secretary shall provide to the Education Council (in4 cluding through grants and contracts) the amount 

5 described in section 7205(h)(1), to remain available 

6 until expended. 

7 ‘‘(2) NO COMPENSATION.—Each member of the 

8 Education Council, and each member of a commu9 nity consultation or other working group established 

10 by the Education Council, shall serve without com11 pensation. 

12 ‘‘(i) REPORT.—Not later than 2 years after the date 

13 of enactment of the Elementary and Secondary Education 

14 Reauthorization Act of 2011, the Secretary shall prepare 

15 and submit to the Committee on Indian Affairs and the 

16 authorizing committees a report that— 

17 ‘‘(1) summarizes the annual reports of the Edu18 cation Council; 

19 ‘‘(2) describes the allocation and use of funds 

20 under this subpart and the information gathered 

21 since the first annual report submitted by the Edu22 cation Council to the Secretary under this section; 

23 and 


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1 ‘‘(3) contains recommendations for changes in 

2 Federal, State, and local policy to advance the pur3 poses of this subpart. 

4 ‘‘(j) FEDERAL ADVISORY COMMITTEE ACT APPLICA5 BILITY.—The provisions of the Federal Advisory Com6 mittee Act (5 U.S.C. App.) shall apply to the Education 

7 Council, except that section 14 of such Act shall not apply. 

8 ‘‘(k) TERMINATION.—The Education Council shall 

9 terminate on the date that is the expiration of the 10- 

10 year period following the date of enactment of the Elemen11 tary and Secondary Education Reauthorization Act of 

12 2011.’’. 

13 SEC. 7205. PROGRAM AUTHORIZED. 

14 Section 7205 (20 U.S.C. 7515) is amended to read 

15 as follows: 

16 ‘‘SEC. 7205. PROGRAM AUTHORIZED. 

17 ‘‘(a) GRANTS AND CONTRACTS.—In order to carry 

18 out programs that meet the purposes of this subpart, the 

19 Secretary is authorized to award grants to, or enter into 

20 contracts with— 

21 ‘‘(1) Native Hawaiian educational organiza22 tions; 

23 ‘‘(2) Native Hawaiian community-based organi24 zations; 


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1 ‘‘(3) public and private nonprofit organizations, 

2 agencies, and institutions with experience in success3 fully developing or operating Native Hawaiian edu4 cation and workforce development programs or pro5 grams of instruction in the Native Hawaiian lan6 guage; 

7 ‘‘(4) charter schools; and 

8 ‘‘(5) consortia of the organizations, agencies, 

9 and institutions described in paragraphs (1) through 

10 (4). 

11 ‘‘(b) PRIORITY.—In providing grants and entering 

12 into contracts under this subpart, the Secretary shall give 

13 priority to— 

14 ‘‘(1) programs that meet the educational prior15 ities established by the Education Council under sec16 tion 7204(e)(6); 

17 ‘‘(2) programs designed to improve the aca18 demic achievement of Native Hawaiian students by 

19 meeting their unique cultural and language needs in 

20 order to help such students meet college and career 

21 ready State academic content and student academic 

22 achievement standards adopted under section 

23 1111(a)(1), including activities relating to— 


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1 ‘‘(A) achieving competence in reading, lit2 eracy, mathematics, and science for students in 

3 preschool through grade 3; 

4 ‘‘(B) the educational needs of at-risk chil5 dren and youth; 

6 ‘‘(C) professional development for teachers 

7 and administrators; 

8 ‘‘(D) the use of Native Hawaiian language 

9 and preservation or reclamation of Native Ha10 waiian culture-based educational practices; 

11 ‘‘(E) preparation for employment in fields 

12 in which Native Hawaiians are underemployed 

13 or underrepresented; and 

14 ‘‘(F) other programs relating to the activi15 ties described in this subpart; and 

16 ‘‘(3) programs in which a State educational 

17 agency, local educational agency, institution of high18 er education, or a State educational agency or local 

19 educational agency in partnership with an institution 

20 of higher education apply for a grant or contract 

21 under this subpart as part of a partnership or con22 sortium involving— 

23 ‘‘(A) a Native Hawaiian community-based 

24 organization; 


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1 ‘‘(B) a Native Hawaiian education organi2 zation; 

3 ‘‘(C) a Native Hawaiian focused public 

4 charter school; or 

5 ‘‘(D) a Native Hawaiian organization. 

6 ‘‘(c) AUTHORIZED ACTIVITIES.—Activities provided 

7 through programs carried out under this subpart may in8 clude— 

9 ‘‘(1) the development and maintenance of a 

10 statewide Native Hawaiian early childhood education 

11 and care system to provide a continuum of high12 quality services for Native Hawaiian children from 

13 the prenatal period through the age of kindergarten 

14 entry; 

15 ‘‘(2) the operation of family-based education 

16 centers that provide such services as— 

17 ‘‘(A) programs for Native Hawaiian par18 ents and their infants from the prenatal period 

19 of infancy through age 3; 

20 ‘‘(B) preschool programs for Native Ha21 waiian children; and 

22 ‘‘(C) research on, and development and as23 sessment of, family-based early care and edu24 cation and preschool programs for Native Ha25 waiians; 


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1 ‘‘(3) activities that enhance beginning reading 

2 and literacy in either the Hawaiian or the English 

3 language among Native Hawaiian students in kin4 dergarten through grade 3 and assistance in ad5 dressing the distinct features of combined English 

6 and Hawaiian literacy for Hawaiian speakers grades 

7 5 and 6; 

8 ‘‘(4) activities to meet the special needs of Na9 tive Hawaiian students with disabilities, including— 

10 ‘‘(A) the identification of such students 

11 and their needs; 

12 ‘‘(B) the provision of support services to 

13 the families of those students; and 

14 ‘‘(C) other activities consistent with the re15 quirements of the Individuals with Disabilities 

16 Education Act; 

17 ‘‘(5) activities that address the special needs of 

18 Native Hawaiian students who are gifted and tal19 ented, including— 

20 ‘‘(A) educational, psychological, social, 

21 emotional, and developmental activities designed 

22 to assist in the educational progress of such 

23 students; and 


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1 ‘‘(B) activities that involve the parents of 

2 such students in a manner designed to assist in 

3 the students’ educational progress; 

4 ‘‘(6) the development of academic and voca5 tional curricula to address the needs of Native Ha6 waiian children, youth, and adults, including cur7 ricula materials in the Hawaiian language, mathe8 matics, science, engineering, and technology cur9 ricula that incorporate Native Hawaiian tradition 

10 and culture; 

11 ‘‘(7) professional development activities for edu12 cators, including— 

13 ‘‘(A) the development of programs to pre14 pare prospective teachers to address the unique 

15 needs of Native Hawaiian students within the 

16 context of Native Hawaiian culture, language, 

17 and traditions; 

18 ‘‘(B) in-service programs to improve the 

19 ability of teachers who teach in schools with 

20 concentrations of Native Hawaiian students to 

21 meet those students’ unique needs; and 

22 ‘‘(C) the recruitment and preparation of 

23 Native Hawaiian individuals, and other individ24 uals who live in communities with a high conVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00803 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 centration of Native Hawaiians, to become 

2 teachers or leaders; 

3 ‘‘(8) the operation of community-based learning 

4 centers that address the needs of Native Hawaiian 

5 families and communities through the coordination 

6 of public and private programs and services, includ7 ing— 

8 ‘‘(A) early care and education programs, 

9 including preschool programs; 

10 ‘‘(B) before- and after-school programs 

11 and Saturday academies; 

12 ‘‘(C) career and technical and adult edu13 cation programs; and 

14 ‘‘(D) programs that recognize and support 

15 the unique cultural and educational needs of 

16 Native Hawaiian children and youth and incor17 porate appropriately qualified Native Hawaiian 

18 elders and seniors; 

19 ‘‘(9) activities, including program co-location, to 

20 enable Native Hawaiian individuals to enter and 

21 complete programs of postsecondary education, in22 cluding— 

23 ‘‘(A) the provision of full or partial schol24 arships for undergraduate or graduate study 

25 that are awarded to students based on their 


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1 academic promise and financial need, with a 

2 priority, at the graduate level, given to Native 

3 Hawaiian students entering professions in 

4 which Native Hawaiians are underrepresented; 

5 ‘‘(B) family literacy activities; 

6 ‘‘(C) counseling and support services for 

7 students receiving scholarship assistance; 

8 ‘‘(D) counseling and guidance for Native 

9 Hawaiian secondary school students who have 

10 the potential to receive scholarships; 

11 ‘‘(E) assistance with completing the college 

12 admissions and financial aid application proc13 ess; and 

14 ‘‘(F) faculty development activities de15 signed to promote the matriculation of Native 

16 Hawaiian students; 

17 ‘‘(10) activities that recognize and support the 

18 unique needs of Native Hawaiian youth regarding 

19 the completion of quality workforce preparation and 

20 training programs and activities, including appren21 ticeship programs; 

22 ‘‘(11) research and data collection activities to 

23 determine the educational status and needs of Na24 tive Hawaiian children and youth; 


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1 ‘‘(12) other research and evaluation activities 

2 related to programs carried out under this subpart; 

3 and 

4 ‘‘(13) other activities, consistent with the pur5 poses of this subpart, to meet the educational needs 

6 of Native Hawaiian children and youth. 

7 ‘‘(d) ADDITIONAL ACTIVITIES.—From funds made 

8 available to carry out this section, the Secretary shall sup9 port the following: 

10 ‘‘(1) The development of a body of Native Ha11 waiian law. 

12 ‘‘(2) The repair and renovation of public 

13 schools that serve high concentrations of Native Ha14 waiian students. 

15 ‘‘(3) Informal education programs that present 

16 traditional Hawaiian knowledge, science, astronomy, 

17 and the environment through State museums or 

18 learning centers. 

19 ‘‘(e) SPECIAL RULE AND CONDITIONS.— 

20 ‘‘(1) INSTITUTIONS OUTSIDE HAWAII.—The 

21 Secretary may not establish a policy under this sec22 tion that prevents a Native Hawaiian student en23 rolled at a 2- or 4-year degree granting institution 

24 of higher education outside of the State of Hawaii 


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1 from receiving a scholarship pursuant to subsection 

2 (c)(9)(A). 

3 ‘‘(2) SCHOLARSHIP CONDITIONS.—The Sec4 retary shall establish conditions for receipt of a 

5 scholarship awarded under subsection (c)(9)(A). The 

6 conditions shall require that an individual seeking 

7 such a scholarship enter into a contract to provide 

8 professional services, either during the scholarship 

9 period or upon completion of a program of postsec10 ondary education, to the Native Hawaiian commu11 nity. 

12 ‘‘(f) TREATMENT OF FUNDS.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), funds made available under this subpart 

15 shall be used to supplement, and not supplant, any 

16 State or local funds used to achieve the purposes of 

17 this subpart. 

18 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

19 apply to any nonprofit entity or Native Hawaiian 

20 community-based organization that receives a grant 

21 or other funds under this subpart. 

22 ‘‘(g) ADMINISTRATIVE COSTS.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), not more than 5 percent of funds pro25 vided to a recipient of a grant or contract under 


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1 subsection (a) for any fiscal year may be used for 

2 administrative purposes. 

3 ‘‘(2) EXCEPTION.—Not more than 10 percent 

4 of funds provided under subsection (a) for any fiscal 

5 year to a nonprofit entity serving the Native Hawai6 ian community may be used for administrative pur7 poses. 

8 ‘‘(h) RESERVATION; AVAILABILITY OF FUNDS.— 

9 ‘‘(1) RESERVATION.—From the funds made 

10 available to carry out this subpart, the Secretary 

11 shall reserve, for each of fiscal years 2012 through 

12 2017 not less than $500,000 for the Education 

13 Council. 

14 ‘‘(2) AVAILABILITY.—Funds made available to 

15 carry out this subpart and funds reserved under this 

16 subsection shall remain available until expended.’’. 

17 SEC. 7206. ADMINISTRATIVE PROVISIONS. 

18 Section 7206 (20 U.S.C. 7516) is amended to read 

19 as follows: 

20 ‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS. 

21 ‘‘(a) APPLICATION REQUIRED.— 

22 ‘‘(1) IN GENERAL.—No grant may be made 

23 under this subpart, and no contract may be entered 

24 into under this subpart, unless the entity seeking the 

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1 retary at such time, in such manner, and containing 

2 such information as the Secretary may determine to 

3 be necessary to carry out the provisions of this sub4 part. 

5 ‘‘(2) ACADEMIC PROJECTS.—Applications sub6 mitted under this subpart to carry out projects and 

7 activities that are academic in nature shall de8 scribe— 

9 ‘‘(A) the criteria that will be used to en10 sure that such projects and activities use evi11 dence-based strategies and methods; and 

12 ‘‘(B) the process through which the appli13 cant will monitor and report such activities, in14 cluding the achievement of identified objectives. 

15 ‘‘(b) APPLICATIONS TO EDUCATION COUNCIL.—The 

16 Secretary shall provide to the Education Council a copy 

17 of each grant or contract application submitted under this 

18 subpart. 

19 ‘‘(c) ANNUAL REPORT.— 

20 ‘‘(1) IN GENERAL.—Each entity that receives a 

21 grant under this subpart shall submit to the Sec22 retary an annual report, in such form and con23 taining such information as the Secretary may re24 quire that determines the extent to which activities 

25 carried out with funds provided under this subpart 


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1 are effective in improving the educational achieve2 ment of Native Hawaiian students served by such 

3 funds. 

4 ‘‘(2) CONTENT.—As a part of the information 

5 reported under paragraph (1), each entity that re6 ceives a grant under this subpart shall provide data, 

7 using information from the most recent year for 

8 which data are available, on— 

9 ‘‘(A) the academic achievement of the Na10 tive Hawaiian students the entity serves, as 

11 measured by the State assessments required 

12 under section 1111(a) and the high school 

13 graduation and college attendance rates of 

14 those students; and 

15 ‘‘(B) such other measures as the Secretary 

16 may prescribe.’’. 

17 SEC. 7207. DEFINITIONS. 

18 Section 7207 (20 U.S.C. 7517) is amended— 

19 (1) in the matter preceding paragraph (1), by 

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

21 (2) by redesignating paragraphs (1) through 

22 (6) as paragraphs (2) through (7), respectively; and 

23 (3) by inserting before paragraph (2), as redes24 ignated by paragraph (1), the following: 


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1 ‘‘(1) COMMUNITY CONSULTATION.—The term 

2 ‘community consultation’ means a public gath3 ering— 

4 ‘‘(A) to discuss Native Hawaiian education 

5 concerns; and 

6 ‘‘(B) about which the public has been given 

7 not less than 30 days notice.’’. 

8 Subpart 2—Alaska Native Education 

9 SEC. 7301. ALASKA NATIVE EDUCATION. 

10 Title VII (20 U.S.C. 7401 et seq.) is amended by 

11 striking sections 7301 through 7306 and inserting the fol12 lowing: 

13 ‘‘SEC. 7301. SHORT TITLE. 

14 ‘‘This subpart may be cited as the ‘Alaska Native 

15 Educational Equity, Support, and Assistance Act’. 

16 ‘‘SEC. 7302. FINDINGS. 

17 ‘‘Congress finds the following: 

18 ‘‘(1) The attainment of educational success is 

19 critical to the betterment of the conditions, long20 term well-being, and preservation of the culture and 

21 languages of Alaska Natives. 

22 ‘‘(2) It is the policy of the Federal Government 

23 to encourage the maximum participation by Alaska 

24 Natives in the planning and the management of 

25 Alaska Native education programs and to support 


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1 efforts developed by and undertaken within the Alas2 ka Native community to improve educational oppor3 tunity for all students. 

4 ‘‘(3) Alaska Native children enter and exit 

5 school with serious educational handicaps. 

6 ‘‘(4) The educational achievement of Alaska 

7 Native children is far below national norms. Native 

8 performance on standardized tests is low, Native 

9 student dropout rates are high, Natives are signifi10 cantly underrepresented among holders of bacca11 laureate degrees in the State of Alaska, and Alaska 

12 Natives are more likely than other Alaskans to be 

13 without access to employment. As a result, Native 

14 students are being denied their opportunity to be15 come full participants in society and an entire gen16 eration is being condemned to an underclass status 

17 and a life of limited choices. 

18 ‘‘(5) The programs and activities authorized in 

19 this subpart are essential if educational handicaps 

20 are to be overcome. 

21 ‘‘(6) The sheer magnitude of the geographic 

22 and other barriers to be overcome in delivering edu23 cational services in rural Alaska and Alaska villages 

24 should be addressed through the development and 


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1 implementation of innovative, model programs in a 

2 variety of areas. 

3 ‘‘(7) Alaska Native children should be afforded 

4 the opportunity to begin their formal education on 

5 a par with their non-Native peers. The Federal Gov6 ernment should lend support to efforts developed by 

7 and undertaken within the Alaska Native community 

8 to improve educational opportunity for all students. 

9 ‘‘(8) In 1983, pursuant to Public Law 98–63, 

10 Alaska ceased to receive educational funding from 

11 the Bureau of Indian Affairs. 

12 ‘‘SEC. 7303. PURPOSES. 

13 ‘‘The purposes of this subpart are as follows: 

14 ‘‘(1) To address the critical need to meet the 

15 unique educational needs of Alaska Natives. 

16 ‘‘(2) To authorize the development and expan17 sion of effective supplemental educational programs 

18 to benefit Alaska Natives. 

19 ‘‘(3) To supplement existing programs and au20 thorities in the area of education to further the pur21 poses of this subpart. 

22 ‘‘(4) To provide direction and guidance to ap23 propriate Federal, State, and local agencies to focus 

24 resources, including resources made available under 


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1 this subpart, on meeting the educational needs of 

2 Alaska Natives. 

3 ‘‘(5) To ensure the maximum participation by 

4 Alaska Natives in the planning and management of 

5 programs designed to serve Alaska Natives. 

6 ‘‘SEC. 7304. PROGRAM AUTHORIZED. 

7 ‘‘(a) GENERAL AUTHORITY.— 

8 ‘‘(1) GRANTS AND CONTRACTS.—The Secretary 

9 is authorized to make grants to, or enter into con10 tracts with, the following entities in order to enable 

11 such entities to carry out programs that meet the 

12 purposes of this subpart: 

13 ‘‘(A) Alaska Native organizations. 

14 ‘‘(B) Educational entities with experience 

15 in developing or operating Alaska Native pro16 grams or programs of instruction conducted in 

17 Alaska Native languages. 

18 ‘‘(C) Cultural and community-based orga19 nizations with experience in developing or oper20 ating programs to benefit the educational needs 

21 of Alaska Natives. 

22 ‘‘(D) Consortia of organizations and enti23 ties described in this paragraph. 


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1 ‘‘(2) PERMISSIBLE ACTIVITIES.—Activities pro2 vided through programs carried out under this sub3 part may include the following: 

4 ‘‘(A) The development and implementation 

5 of plans, methods, and strategies to improve the 

6 education of Alaska Natives. 

7 ‘‘(B) The development of curricula and 

8 programs that address the educational needs of 

9 Alaska Native students, including the following: 

10 ‘‘(i) Curricula materials that reflect 

11 the cultural diversity, languages, history, 

12 or the contributions of Alaska Natives. 

13 ‘‘(ii) Instructional programs that 

14 make use of Alaska Native languages and 

15 cultures. 

16 ‘‘(iii) Networks that develop, test, and 

17 disseminate best practices and introduce 

18 successful programs, materials, and tech19 niques to meet the educational needs of 

20 Alaska Native students in urban and rural 

21 schools. 

22 ‘‘(C) Training and professional develop23 ment activities for educators, including the fol24 lowing: 


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1 ‘‘(i) Pre-service and in-service training 

2 and professional development programs to 

3 prepare teachers to develop appreciation 

4 for and understanding of Alaska Native 

5 cultures, values, and ways of knowing and 

6 learning in order to effectively address the 

7 cultural diversity and unique needs of 

8 Alaska Native students. 

9 ‘‘(ii) The recruitment and preparation 

10 of teachers who are Alaska Native. 

11 ‘‘(iii) Programs that will lead to the 

12 certification and licensing of Alaska Native 

13 teachers, principals, and superintendents. 

14 ‘‘(D) The development and operation of 

15 home instruction programs for Alaska Native 

16 preschool children, to ensure the active involve17 ment of parents in their children’s education 

18 from the earliest ages. 

19 ‘‘(E) Family literacy activities. 

20 ‘‘(F) The development and operation of 

21 student enrichment programs, including such 

22 programs in science, technology, engineering, 

23 and mathematics that— 

24 ‘‘(i) are designed to prepare Alaska 

25 Native students to excel in such subjects; 


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1 ‘‘(ii) provide appropriate support serv2 ices to the families of such students that 

3 are needed to enable such students to ben4 efit from the programs; and 

5 ‘‘(iii) include activities that recognize 

6 and support the unique cultural and edu7 cational needs of Alaska Native children, 

8 and incorporate appropriately qualified 

9 Alaska Native elders and other tradition 

10 bearers. 

11 ‘‘(G) Research and data collection activi12 ties to determine the educational status and 

13 needs of Alaska Native children and adults. 

14 ‘‘(H) Other research and evaluation activi15 ties related to programs carried out under this 

16 subpart. 

17 ‘‘(I) Remedial and enrichment programs to 

18 assist Alaska Native students to be college or 

19 career ready upon graduation from high school. 

20 ‘‘(J) Parenting education for parents and 

21 caregivers of Alaska Native children to improve 

22 parenting and caregiving skills (including skills 

23 relating to discipline and cognitive develop24 ment), including parenting education provided 

25 through in-home visitation of new mothers. 


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1 ‘‘(K) Culturally based education programs 

2 designed and provided by an entity with dem3 onstrated experience in— 

4 ‘‘(i) providing programs of study, both 

5 on site and in local schools, to share the 

6 rich and diverse cultures of Alaska Native 

7 peoples among youth, elders, teachers, and 

8 the larger community; 

9 ‘‘(ii) instructing Alaska Native youth 

10 in leadership, communication, Native cul11 ture, arts, and languages; 

12 ‘‘(iii) increasing the high school grad13 uation rate of the Alaska Native students 

14 who are served; 

15 ‘‘(iv) providing instruction in Alaska 

16 Native history and ways of living to stu17 dents and teachers in the local school dis18 trict; 

19 ‘‘(v) providing intergenerational learn20 ing and internship opportunities to Alaska 

21 Native youth and young adults; and 

22 ‘‘(vi) providing cultural immersion ac23 tivities aimed at Alaska Native cultural 

24 preservation. 


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1 ‘‘(L) A statewide on-site exchange pro2 gram, for both students and teachers, involving 

3 schools and culture camps that demonstrates 

4 effectiveness in facilitating cultural relation5 ships between urban and rural Alaskans to 

6 build mutual respect and understanding, and 

7 foster a statewide sense of common identity 

8 through host family, school, and community 

9 cross-cultural immersion. Such a program 

10 should be competitively awarded. 

11 ‘‘(M) Activities carried out through Head 

12 Start programs carried out under the Head 

13 Start Act, including the training of teachers for 

14 such programs. 

15 ‘‘(N) Other early learning and preschool 

16 programs. 

17 ‘‘(O) Education programs for at-risk urban 

18 Alaska Native students in kindergarten through 

19 grade 12 that are operated by tribes or tribal 

20 organizations that have demonstrated experi21 ence in increasing graduation rates among such 

22 students and that— 

23 ‘‘(i) include a culturally informed cur24 riculum intended to preserve and promote 

25 Alaska Native culture; 


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1 ‘‘(ii) partner effectively with the local 

2 school district by providing a school-within3 a school program model; 

4 ‘‘(iii) provide high-quality academic 

5 instruction, small classroom sizes, and so6 cial-emotional support for students from 

7 elementary school through high school; 

8 ‘‘(iv) work with parents to increase 

9 parental involvement in their students’ 

10 education; 

11 ‘‘(v) have a proven track record of im12 proving academic proficiency and increas13 ing graduation rates; 

14 ‘‘(vi) provide college preparation and 

15 career planning; and 

16 ‘‘(vii) incorporate a strong data collec17 tion and continuous evaluation component 

18 at all levels of the program. 

19 ‘‘(P) A statewide program that has dem20 onstrated effectiveness in providing technical 

21 assistance and support to schools and commu22 nities in order to engage adults in promoting 

23 the academic progress and overall well-being of 

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1 tive youth-adult relationships, improved condi2 tions for learning (such as school climate and 

3 student connection to school and community), 

4 and increased connections between schools and 

5 families. 

6 ‘‘(Q) Career preparation activities to en7 able Alaska Native children and adults to pre8 pare for meaningful employment, including pro9 grams providing career and technical prepara10 tion, mentoring, training, and apprenticeship 

11 activities. 

12 ‘‘(R) The provision of operational support 

13 and the purchase of equipment to develop re14 gional vocational schools in rural areas of Alas15 ka, including boarding schools, for Alaska Na16 tive students in grades 9 through 12, or at 

17 higher levels of education, to provide the stu18 dents with necessary resources to prepare for 

19 skilled employment opportunities. 

20 ‘‘(S) Other activities, consistent with the 

21 purposes of this subpart, to meet the edu22 cational needs of Alaska Native children and 

23 adults. 

24 ‘‘(T) Regional leadership academies that 

25 demonstrate effectiveness in building respect 


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1 and understanding and fostering a sense of 

2 Alaska Native identity to promote Alaska Na3 tive students pursuit of, and success in, com4 pleting higher education or career training. 

5 ‘‘(3) HOME INSTRUCTION PROGRAMS.—Home 

6 instruction programs for Alaska Native preschool 

7 children carried out under paragraph (2)(D) may in8 clude the following: 

9 ‘‘(A) Programs for parents and their in10 fants, from the prenatal period of the infant 

11 through age 3. 

12 ‘‘(B) Preschool programs. 

13 ‘‘(C) Training, education, and support for 

14 parents in such areas as reading readiness, ob15 servation, story telling, and critical thinking. 

16 ‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

17 more than 5 percent of funds provided to a grantee under 

18 this section for any fiscal year may be used for administra19 tive purposes. 

20 ‘‘(c) PRIORITIES.—In awarding grants or contracts 

21 to carry out activities described in this subpart, the Sec22 retary shall give priority to applications from Alaska Na23 tive regional nonprofit organizations, Alaska Native orga24 nizations, or consortia that include not less than 1 Alaska 

25 Native regional nonprofit organization. 


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1 ‘‘SEC. 7305. ADMINISTRATIVE PROVISIONS. 

2 ‘‘(a) APPLICATION REQUIRED.—No grant may be 

3 made under this subpart, and no contract may be entered 

4 into under this subpart, unless the entity seeking the 

5 grant or contract submits an application to the Secretary 

6 in such form, in such manner, and containing such infor7 mation as the Secretary may determine necessary to carry 

8 out the provisions of this subpart. 

9 ‘‘(b) APPLICATIONS.—A State educational agency or 

10 local educational agency may apply for an award under 

11 this subpart only as part of a consortium involving an 

12 Alaska Native organization. The consortium may include 

13 other eligible applicants. 

14 ‘‘(c) CONSULTATION REQUIRED.—Each applicant for 

15 an award under this subpart shall provide for ongoing ad16 vice from and consultation with representatives of the 

17 Alaska Native community. 

18 ‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINA19 TION.—Each entity that applies for an award under this 

20 subpart shall inform each local educational agency that 

21 serves students who would participate in the program that 

22 such entity plans to carry out under the grant or contract 

23 about the application described in subsection (a). 

24 ‘‘SEC. 7306. DEFINITIONS. 

25 ‘‘In this subpart: 


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1 ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Na2 tive’ has the same meaning as the term Native has 

3 in section 3(b) of the Alaska Native Claims Settle4 ment Act (43 U.S.C. 1602(b)). 

5 ‘‘(2) ALASKA NATIVE ORGANIZATION.—The 

6 term ‘Alaska Native organization’ means— 

7 ‘‘(A) a federally recognized tribe 

8 ‘‘(B) a consortium of tribes; 

9 ‘‘(C) a regional nonprofit Native associa10 tion; or 

11 ‘‘(D) another organization that— 

12 ‘‘(i) has or commits to acquire exper13 tise in the education of Alaska Natives; 

14 and 

15 ‘‘(ii) has Alaska Natives in sub16 stantive and policymaking positions within 

17 the organization.’’. 

18 TITLE VIII—IMPACT AID 

19 SEC. 8001. PURPOSE. 

20 Section 8001 (20 U.S.C. 7701) is amended, in the 

21 matter preceding paragraph (1), by striking ‘‘challenging 

22 State standards’’ and inserting ‘‘college and career ready 

23 State academic content and student academic achievement 

24 standards under section 1111(a)(1)’’. 


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1 SEC. 8002. PAYMENTS RELATING TO FEDERAL ACQUISI2 TION OF REAL PROPERTY. 

3 (a) AMENDMENTS.—Section 8002 (20 U.S.C. 7702) 

4 is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1)(B), by striking 

7 ‘‘8014(a)’’ and inserting ‘‘3(aa)(1)’’; 

8 (B) in paragraph (2), by striking ‘‘aggre9 gate assessed’’ and inserting ‘‘estimated tax10 able’’; and 

11 (C) by striking paragraph (3) and insert12 ing the following: 

13 ‘‘(3) DETERMINATION OF TAXABLE VALUE FOR

14 ELIGIBLE FEDERAL PROPERTY.— 

15 ‘‘(A) IN GENERAL.—In determining the 

16 total taxable value of such acquired Federal 

17 property for fiscal year 2011 and each suc18 ceeding fiscal year, the Secretary shall— 

19 ‘‘(i) first determine the total taxable 

20 value for the purpose of levying property 

21 tax for school purposes for current expend22 itures of real property located within the 

23 boundaries of such local educational agen24 cy; 

25 ‘‘(ii) then determine the per acre 

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1 viding the total taxable value as deter2 mined in clause (i) by the difference be3 tween the total acres located within the 

4 boundaries of the local educational agency 

5 and the number of Federal acres eligible 

6 under this section; and 

7 ‘‘(iii) multiply the per acre value as 

8 calculated under clause (ii) by the number 

9 of Federal acres eligible under this section. 

10 ‘‘(B) SPECIAL RULE.—When 2 or more 

11 local educational agencies share Federal prop12 erty eligible under this section, a local edu13 cational agency may ask the Secretary to cal14 culate the per acre value of each local edu15 cational agency as provided under subpara16 graph (A) and apply the average of these per 

17 acre values to the acres of the Federal property 

18 in that agency.’’; 

19 (2) in subsection (f)— 

20 (A) by aligning the margins of paragraphs 

21 (2) and (3) with the margins of paragraph (1); 

22 and 

23 (B) by striking paragraphs (4) and (5); 

24 (3) by striking subsection (g) and inserting the 

25 following: 


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1 ‘‘(g) FORMER DISTRICTS.— 

2 ‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 

3 and all succeeding fiscal years, if a local educational 

4 agency described in paragraph (2) is formed at any 

5 time after 1938 by the consolidation of 2 or more 

6 former school districts, the local educational agency 

7 may elect to have the Secretary determine its eligi8 bility and any amount for which the local edu9 cational agency is eligible under this section for any 

10 fiscal year on the basis of 1 or more of those former 

11 districts, as designated by the local educational 

12 agency. 

13 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN14 CIES.—A local educational agency referred to in 

15 paragraph (1) is— 

16 ‘‘(A) any local educational agency that, for 

17 fiscal year 1994 or any preceding fiscal year, 

18 applied, and was determined to be eligible 

19 under section 2(c) of the Act of September 30, 

20 1950 (Public Law 874, 81st Congress) as the 

21 section was in effect for that fiscal year; or 

22 ‘‘(B) a local educational agency formed by 

23 the consolidation of 2 or more districts, at least 

24 1 of which was eligible for assistance under this 


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1 section for the fiscal year proceeding the year 

2 of consolidation, if— 

3 ‘‘(i) for fiscal years 2006 through 

4 2011, the local educational agency had no5 tified the Secretary of the designation not 

6 later than 30 days after the date of enact7 ment of the Elementary and Secondary 

8 Education Reauthorization Act of 2011; 

9 and 

10 ‘‘(ii) for fiscal year 2012, and any 

11 subsequent fiscal year, the local edu12 cational agency includes the designation in 

13 its application under section 8005 or any 

14 timely amendment to such application. 

15 ‘‘(3) AVAILABILITY OF FUNDS.—Notwith16 standing any other provision of law limiting the pe17 riod during which the Secretary may obligate funds 

18 appropriated for any fiscal year after 2005, the Sec19 retary may obligate funds remaining after final pay20 ments have been made from any of such fiscal years 

21 to carry out this subsection.’’; 

22 (4) in subsection (h)— 

23 (A) by striking ‘‘8014(a)’’ each place the 

24 term appears and inserting ‘‘3(aa)(1)’’; 

25 (B) in paragraph (1)— 


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1 (i) in the paragraph heading, by strik2 ing ‘‘FOR PRE-1995 RECIPIENTS’’; 

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

4 ‘‘is eligible’’ and all that follows through 

5 the period at the end and inserting ‘‘was 

6 eligible to receive a payment under this 

7 section for fiscal year 2007.’’; and 

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

9 ‘‘38 percent’’ and all that follows through 

10 the period at the end and inserting ‘‘90 

11 percent of the payment the local edu12 cational agency received in 2006.’’; and 

13 (C) by striking paragraphs (2) through (4) 

14 and inserting the following: 

15 ‘‘(2) FOUNDATION PAYMENTS FOR LOCAL EDU16 CATIONAL AGENCIES DETERMINED ELIGIBLE AFTER

17 FISCAL YEAR 2007.— 

18 ‘‘(A) FIRST YEAR.—From any amounts re19 maining after making payments under para20 graph (1) for the fiscal year involved, the Sec21 retary shall make a payment, in an amount de22 termined in accordance with subparagraph (C), 

23 to each local educational agency that the Sec24 retary determines eligible for a payment under 

25 this section for a fiscal year after fiscal year 


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1 2007, for the fiscal year for which such agency 

2 was determined eligible for such payment. 

3 ‘‘(B) SECOND AND SUCCEEDING YEARS.— 

4 For any succeeding fiscal year after the first 

5 fiscal year that a local educational agency re6 ceives a foundation payment under subpara7 graph (A), the amount of the local educational 

8 agency’s foundation payment under this para9 graph for such succeeding fiscal year shall be 

10 equal to the local educational agency’s founda11 tion payment under this paragraph for the first 

12 fiscal year. 

13 ‘‘(C) AMOUNTS.—The amount of a pay14 ment under subparagraph (A) for a local edu15 cational agency shall be determined as follows: 

16 ‘‘(i) Calculate the local educational 

17 agency’s maximum payment under sub18 section (b). 

19 ‘‘(ii) Calculate the percentage that the 

20 amount appropriated under section 

21 3(aa)(1) for the most recent fiscal year for 

22 which the Secretary has completed making 

23 payments under this section is of the total 

24 maximum payments for such fiscal year for 

25 all local educational agencies eligible for a 


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1 payment under subsection (b) and multiply 

2 the agency’s maximum payment by such 

3 percentage. 

4 ‘‘(iii) Multiply the amount determined 

5 under clause (ii) by 90 percent. 

6 ‘‘(3) REMAINING FUNDS.—From any funds re7 maining after making payments under paragraphs 

8 (1) and (2) for the fiscal year involved, the Sec9 retary shall make a payment to each local edu10 cational agency that received a foundation payment 

11 under paragraph (1) or (2), or subsection (i)(1), for 

12 the fiscal year involved in an amount that bears the 

13 same relation to the remainder as a percentage 

14 share determined for the local educational agency 

15 (by dividing the maximum amount that the agency 

16 is eligible to receive under subsection (b) by the total 

17 of the maximum amounts for all such agencies) 

18 bears to the percentage share determined (in the 

19 same manner) for all local educational agencies eligi20 ble to receive a payment under this section for the 

21 fiscal year involved, except that, for the purpose of 

22 calculating a local educational agency’s maximum 

23 amount under subsection (b), data from the most 

24 current fiscal year shall be used.’’; 


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1 (5) by striking paragraph (1) of subsection (i) 

2 and inserting the following: 

3 ‘‘(1) IN GENERAL.—The calculation of the 

4 foundation payment under subsection (h)(1)(B) for 

5 a local educational agency described in paragraph 

6 (2) of this subsection shall be equal to 90 percent 

7 of the payment received in fiscal year 2005, for fis8 cal year 2011 and each succeeding fiscal year.’’; 

9 (6) by striking subsections (k) and (m); 

10 (7) by redesignating subsections (l) and (n) as 

11 subsections (j) and (k), respectively; 

12 (8) in subsection (j) (as redesignated by para13 graph (7)), in the matter preceding paragraph (1), 

14 by striking ‘‘(h)(4)(B)’’ and inserting ‘‘(h)(3)’’; and 

15 (9) by adding at the end the following: 

16 ‘‘(l) RECORDS.—The Secretary may base a deter17 mination of eligibility under subsection (a)(1) on original 

18 records (including facsimiles or other reproductions of 

19 those records) documenting the assessed value of real 

20 property, prepared by a legally authorized official as of 

21 the time of the Federal acquisition, or other records that 

22 the Secretary determines to be appropriate and reliable, 

23 including Federal agency records or local historical 

24 records.’’. 


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1 (b) EFFECTIVE DATE.—Notwithstanding section 

2 5(d), this section, and the amendments made by this sec3 tion, shall take effect with respect to applications sub4 mitted under section 8002 of the Elementary and Sec5 ondary Education Act of 1965 for fiscal year 2011. 

6 SEC. 8003. PAYMENTS FOR ELIGIBLE FEDERALLY CON7 NECTED CHILDREN. 

8 Section 8003 (20 U.S.C. 7703) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1), in the matter pre11 ceding subparagraph (A), by inserting after ‘‘of 

12 such agency’’ the following: ‘‘(including those 

13 children enrolled in a State that has a State 

14 open enrollment policy but not including chil15 dren enrolled in a distance learning program 

16 who are not residing within the geographic 

17 boundaries of the agency)’’; 

18 (B) in paragraph (4)— 

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

20 ‘‘, or was authorized for demolition,’’ after 

21 ‘‘rebuilding’’ each place the term appears; 

22 and 

23 (ii) in subparagraph (B)— 

24 (I) in each of clauses (i)(I) and 

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1 ing ‘‘ 3 fiscal years’’ and inserting ‘‘4 

2 fiscal years (which are not required to 

3 run consecutively)’’; 

4 (II) in clause (i)— 

5 (aa) in subclause (I), by in6 serting ‘‘, or authorized for dem7 olition,’’ after ‘‘rebuilding’’; and 

8 (bb) in subclause (II), by in9 serting ‘‘, or authorized for dem10 olition,’’ before ‘‘in accordance’’; 

11 and 

12 (III) in clause (ii)— 

13 (aa) in subclause (I), by in14 serting ‘‘, or authorized for dem15 olition,’’ after ‘‘rebuilding’’; and 

16 (bb) in subclause (II), by in17 serting ‘‘, or authorized for dem18 olition,’’ before ‘‘in accordance’’; 

19 and 

20 (C) in paragraph (5)(A), by inserting after 

21 ‘‘1984,’’ the following: ‘‘or under lease of off22 base property under subchapter IV of chapter 

23 169 of title 10, United States Code (10 U.S.C. 

24 2871 et seq.),’’; 

25 (2) in subsection (b)— 


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1 (A) in each of paragraphs (1)(A) and 

2 (2)(A)(i), by striking ‘‘8014(b)’’ and inserting 

3 ‘‘3(aa)(2)’’; 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (B)— 

6 (I) in the subparagraph heading, 

7 by striking ‘‘CONTINUING’’; 

8 (II) by striking clauses (i) and 

9 (ii) and inserting the following: 

10 ‘‘(i) IN GENERAL.—A heavily im11 pacted local educational agency is eligible 

12 to receive a basic support payment under 

13 subparagraph (A) with respect to a num14 ber of children determined under sub15 section (a)(1) if the agency— 

16 ‘‘(I) is a local educational agency 

17 whose boundaries are the same as a 

18 Federal military installation, or whose 

19 boundaries are the same as island 

20 property designated by the Secretary 

21 of the Interior to be property that is 

22 held in trust by the Federal Govern23 ment, and that has no taxing author24 ity; 


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1 ‘‘(II) is a local educational agen2 cy that— 

3 ‘‘(aa) has an enrollment of 

4 children described in subsection 

5 (a)(1) that constitutes a percent6 age of the total student enroll7 ment of the agency that is not 

8 less than 45 percent; 

9 ‘‘(bb) has a per-pupil ex10 penditure that is less than— 

11 ‘‘(AA) for an agency 

12 that has a total student en13 rollment of 500 or more stu14 dents, 125 percent of the av15 erage per-pupil expenditure 

16 of the State in which the 

17 agency is located; or 

18 ‘‘(BB) for an agency 

19 that has a total student en20 rollment of less than 500 

21 students, 150 percent of the 

22 average per-pupil expendi23 ture of the State in which 

24 the agency is located, or the 

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1 ture of 3 or more com2 parable local educational 

3 agencies in the State in 

4 which the agency is located; 

5 ‘‘(cc) is an agency that— 

6 ‘‘(AA) has a tax rate 

7 for general fund purposes 

8 that is not less than 95 per9 cent of the average tax rate 

10 for general fund purposes of 

11 comparable local educational 

12 agencies in the State; or 

13 ‘‘(BB) was eligible to 

14 receive a payment under this 

15 subsection for fiscal year 

16 2012 and is located in a 

17 State that by State law has 

18 eliminated ad valorem tax as 

19 a revenue source for local 

20 educational agencies; or 

21 ‘‘(dd) has an enrollment of 

22 children described in subsection 

23 (a)(1) that constitutes a percent24 age of the total student enroll25 ment of the agency which is not 


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1 less than 30 percent, and has a 

2 tax rate for general fund pur3 poses which is not less than 125 

4 percent of the average tax rate 

5 for general fund purposes for 

6 comparable local educational 

7 agencies in the State; or 

8 ‘‘(III) is a local educational agen9 cy that has a total student enrollment 

10 of not less than 25,000 students, of 

11 which not less than 50 percent are 

12 children described in subsection (a)(1) 

13 and not less than 5,500 of such chil14 dren are children described in sub15 paragraphs (A) and (B) of subsection 

16 (a)(1). 

17 ‘‘(ii) LOSS OF ELIGIBILITY.— 

18 ‘‘(I) IN GENERAL.—Subject to 

19 subclause (II), a heavily impacted 

20 local educational agency that met the 

21 requirements of clause (i) for a fiscal 

22 year shall be ineligible to receive a 

23 basic support payment under subpara24 graph (A) if the agency fails to meet 

25 the requirements of such clause for 


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1 the subsequent fiscal year, except that 

2 such agency shall continue to receive 

3 a basic support payment under this 

4 paragraph for the fiscal year for 

5 which the ineligibility determination is 

6 made. 

7 ‘‘(II) EXCEPTION.—A local edu8 cational agency that is eligible under 

9 subparagraph (A) but whose tax rate 

10 for general fund purposes falls below 

11 95 percent of the average tax rate for 

12 general fund purposes of local edu13 cational agencies in the State for two 

14 consecutive years shall lose its eligi15 bility and be subject to subclause 

16 (I).’’; and 

17 (III) by adding at the end the 

18 following: 

19 ‘‘(iv) SPECIAL RULE.—Notwith20 standing clause (i)(II), a local educational 

21 agency shall be considered eligible to re22 ceive a basic support payment under sub23 paragraph (A) with respect to the number 

24 of children determined under subsection 

25 (a)(1) if the agency— 


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1 ‘‘(I) has an enrollment of chil2 dren described in subsection (a)(1), 

3 including, for purposes of determining 

4 eligibility, those children described in 

5 subparagraphs (F) and (G) of such 

6 subsection, that constitutes a percent7 age of the total student enrollment of 

8 the agency that is not less than 35 

9 percent; and 

10 ‘‘(II) was eligible to receive as11 sistance under this paragraph for fis12 cal year 2001. 

13 ‘‘(v) APPLICATION.—With respect to 

14 the first fiscal year for which a heavily im15 pacted local educational agency described 

16 in clause (i) applies for a basic support 

17 payment under subparagraph (A), or with 

18 respect to the first fiscal year for which a 

19 heavily impacted local educational agency 

20 applies for a basic support payment under 

21 subparagraph (A) after becoming ineligible 

22 under clause (i) for 1 or more preceding 

23 fiscal years, the agency shall apply for 

24 such payment at least 1 year prior to the 

25 start of that first fiscal year.’’; 


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1 (ii) by striking subparagraphs (C) and 

2 (D) and inserting the following: 

3 ‘‘(C) MAXIMUM AMOUNT FOR HEAVILY IM4 PACTED LOCAL EDUCATIONAL AGENCIES.— 

5 ‘‘(i) IN GENERAL.—Except as pro6 vided for in subparagraph (D), the max7 imum amount that a heavily impacted local 

8 educational agency is eligible to receive 

9 under this paragraph for any fiscal year is 

10 the sum of the total weighted student 

11 units, as computed under subsection (a)(2) 

12 and subject to clause (ii), multiplied by the 

13 greater of— 

14 ‘‘(I) four-fifths of the average 

15 per-pupil expenditure of the State in 

16 which the local educational agency is 

17 located for the third fiscal year pre18 ceding the fiscal year for which the 

19 determination is made; or 

20 ‘‘(II) four-fifths of the average 

21 per-pupil expenditure of all of the 

22 States for the third fiscal year pre23 ceding the fiscal year for which the 

24 determination is made. 

25 ‘‘(ii) SPECIAL RULES.— 


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1 ‘‘(I) CALCULATIONS FOR LOCAL

2 EDUCATIONAL AGENCIES WITH LARGE

3 NUMBERS OF CERTAIN ELIGIBLE

4 CHILDREN.— 

5 ‘‘(aa) IN GENERAL.—In the 

6 case of a local educational agency 

7 with respect to which 35 percent 

8 or more of the total student en9 rollment of the schools of the 

10 agency are children described in 

11 subparagraph (D) or (E) of sub12 section (a)(1), and that has an 

13 enrollment of children described 

14 in subparagraph (A), (B), or (C) 

15 of such subsection equal to at 

16 least 10 percent of the agency’s 

17 total enrollment, the Secretary 

18 shall calculate the weighted stu19 dent units of the children de20 scribed in subparagraph (D) or 

21 (E) of such subsection by multi22 plying the number of such chil23 dren by a factor of 0.55. 

24 ‘‘(bb) EXCEPTION.—Not25 withstanding subclause (I), any 


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1 local educational agency that re2 ceived a payment under this 

3 clause for fiscal year 2006, shall 

4 not be required to have an enroll5 ment of children described in 

6 subparagraph (A), (B), or (C) of 

7 subsection (a)(1) equal to at least 

8 10 percent of the agency’s total 

9 enrollment for purposes of sub10 clause (I). 

11 ‘‘(II) CALCULATIONS FOR LOCAL

12 EDUCATIONAL AGENCIES WITH SMALL

13 NUMBERS OF ELIGIBLE CHILDREN.— 

14 For a local educational agency that 

15 has an enrollment of 100 or fewer 

16 children described in subsection 

17 (a)(1), the Secretary shall calculate 

18 the total number of weighted student 

19 units for purposes of subsection (a)(2) 

20 by multiplying the number of such 

21 children by a factor of 1.75. 

22 ‘‘(III) CALCULATIONS FOR CER23 TAIN OTHER LOCAL EDUCATIONAL

24 AGENCIES.—For a local educational 

25 agency that does not qualify under 


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1 paragraph (2)(B)(i)(I) and has an en2 rollment of more than 100 but not 

3 more than 1,000 children described in 

4 subsection (a)(1), the Secretary shall 

5 calculate the total number of weighted 

6 student units for purposes of sub7 section (a)(2) by multiplying the num8 ber of such children by a factor of 

9 1.25. 

10 ‘‘(D) MAXIMUM AMOUNT FOR LARGE

11 HEAVILY IMPACTED LOCAL EDUCATIONAL

12 AGENCIES.— 

13 ‘‘(i) APPLICABLE FORMULA.— 

14 ‘‘(I) IN GENERAL.—Subject to 

15 clause (ii), the maximum amount that 

16 a heavily impacted local educational 

17 agency described in subclause (II) is 

18 eligible to receive under this para19 graph for any fiscal year shall be de20 termined in accordance with the for21 mula described in paragraph (1)(C). 

22 ‘‘(II) HEAVILY IMPACTED LOCAL

23 EDUCATIONAL AGENCIES.—A heavily 

24 impacted local educational agency de25 scribed in this subclause is a local 


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1 educational agency that has a total 

2 student enrollment of not less than 

3 25,000 students, of which not less 

4 than 50 percent are children described 

5 in subsection (a)(1) and not less than 

6 5,500 of such children are children 

7 described in subparagraphs (A) and 

8 (B) of subsection (a)(1). 

9 ‘‘(ii) FACTOR.—For purposes of calcu10 lating the maximum amount described in 

11 clause (i), the factor used in determining 

12 the weighted student units under sub13 section (a)(2) with respect to children de14 scribed in subparagraphs (A) and (B) of 

15 subsection (a)(1) shall be 1.35.’’; 

16 (iii) by striking subparagraph (E); 

17 (iv) by redesignating subparagraphs 

18 (F) through (H) as subparagraph (E) 

19 through (G), respectively; 

20 (v) in subparagraph (E) (as redesig21 nated by clause (iv))— 

22 (I) by striking clause (ii); 

23 (II) by striking ‘‘; and’’ at the 

24 end of clause (i) and inserting a pe25 riod; and 


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1 (III) by striking ‘‘the Secretary’’ 

2 and all that follows through ‘‘shall 

3 use’’ and inserting ‘‘the Secretary 

4 shall use’’; 

5 (vi) in subparagraph (F) (as redesig6 nated by clause (iv)), in the matter pre7 ceding clause (i), by striking 

8 ‘‘(C)(i)(II)(bb)’’ and inserting 

9 ‘‘(B)(i)(II)(bb)’’; 

10 (vii) in subparagraph (G) (as redesig11 nated by clause (iv))— 

12 (I) in clause (i)— 

13 (aa) by striking ‘‘(B), (C), 

14 (D), or (E)’’, and inserting ‘‘(B), 

15 (C), or (D),’’; 

16 (bb) by striking ‘‘by reason 

17 of’’ and inserting ‘‘due to’’; 

18 (cc) by inserting after 

19 ‘‘clause (iii)’’ the following: ‘‘or 

20 as the direct result of base re21 alignment and closure or 

22 modularization as determined by 

23 the Secretary of Defense, force 

24 structure change, or force reloca25 tion,’’; and 


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1 (dd) by inserting before the 

2 period at the end the following: 

3 ‘‘or during such time as activities 

4 associated with base realignment 

5 and closure, modularization, force 

6 structure change, or force reloca7 tion are ongoing’’; and 

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

9 ‘‘(D) or (E)’’ in both places such term 

10 appears and inserting ‘‘(C) or (D)’’; 

11 and 

12 (viii) by adding at the end the fol13 lowing: 

14 ‘‘(H) SPECIAL RULE.—The Secretary 

15 shall— 

16 ‘‘(i) deem each local educational agen17 cy that received a fiscal year 2009 basic 

18 support payment for heavily impacted local 

19 educational agencies under this paragraph 

20 as eligible to receive a basic support pay21 ment for heavily impacted local educational 

22 agencies under this paragraph for each of 

23 fiscal years 2010, 2011, and 2012; and 


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1 ‘‘(ii) make a payment to such local 

2 educational agency under such section for 

3 each of fiscal years 2010, 2011, and 2012. 

4 ‘‘(I) CONTINUED ELIGIBILITY FOR A HEAV5 ILY IMPACTED LOCAL EDUCATIONAL AGENCY

6 ENTERING INTO AN INTERGOVERNMENTAL CO7 OPERATIVE AGREEMENT WITH A STATE EDU8 CATIONAL AGENCY.—For any fiscal year, a 

9 heavily impacted local educational agency that 

10 received a basic support payment under this 

11 paragraph for the fiscal year prior to the fiscal 

12 year for which such local educational agency en13 tered into an intergovernmental cooperative 

14 agreement with a State educational agency shall 

15 remain eligible to receive a basic support pay16 ment under this paragraph for the duration of 

17 the intergovernmental cooperative agreement, 

18 but in no case for more than 5 years.’’; and 

19 (C) in paragraph (3)— 

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

21 ‘‘8014(b)’’ and inserting ‘‘3(aa)(2)’’; 

22 (ii) in subparagraph (B)— 

23 (I) by redesignating clause (iv) as 

24 clause (v); and 


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1 (II) by inserting after clause (iii) 

2 the following: 

3 ‘‘(iv) In the case of a local educational 

4 agency that is providing a program of dis5 tance learning to children not residing 

6 within the geographic boundaries of the 

7 agency, the Secretary shall disregard such 

8 children from such agency’s total enroll9 ment when calculating the percentage 

10 under clause (i)(I) and shall disregard any 

11 funds received for such children when cal12 culating the total current expenditures at13 tributed to the operation of such agency 

14 when calculating the percentage under 

15 clause (i)(II).’’; 

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

17 ‘‘subparagraph (D) or (E) of paragraph 

18 (2), as the case may be’’ and inserting 

19 ‘‘paragraph (2)(D)’’; and 

20 (iv) by striking subparagraph (D) and 

21 inserting the following: 

22 ‘‘(D) RATABLE DISTRIBUTION.— 

23 ‘‘(i) IN GENERAL.—For each fiscal 

24 year described in subparagraph (A) for 

25 which the sums appropriated under section 


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1 3(aa)(2) exceed the amount required to 

2 pay each local educational agency 100 per3 cent of the local educational agency’s 

4 threshold payment under subparagraph 

5 (B), the Secretary shall distribute the ex6 cess sums to each eligible local educational 

7 agency that has not received the agency’s 

8 maximum payment amount computed 

9 under paragraph (1) or (2) (as the case 

10 may be) by multiplying— 

11 ‘‘(I) a percentage, the denomi12 nator of which is the difference be13 tween the maximum payment amount 

14 computed under paragraph (1) or (2) 

15 (as the case may be) for all local edu16 cational agencies and the amount of 

17 the threshold payment (as calculated 

18 under subparagraphs (B) and (C)) of 

19 all local educational agencies, and the 

20 numerator of which is the aggregate 

21 amount of the excess sums; by 

22 ‘‘(II) the difference between the 

23 maximum payment amount computed 

24 under paragraph (1) or (2) (as the 

25 case may be) for the agency and the 


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1 amount of the threshold payment as 

2 calculated under subparagraphs (B) 

3 and (C) for the agency. 

4 ‘‘(ii) INSUFFICIENT PAYMENTS.—For 

5 each fiscal year described in subparagraph 

6 (A) for which the sums appropriated under 

7 section 3(aa)(2) are insufficient to pay 

8 each local educational agency all of the 

9 local educational agency’s threshold pay10 ment described in clause (i), the Secretary 

11 shall ratably reduce the payment to each 

12 local educational agency under this para13 graph. 

14 ‘‘(iii) INCREASES.—If the sums appro15 priated under section 3(aa)(2) are suffi16 cient to increase the threshold payment 

17 above the 100 percent threshold payment 

18 described in clause (i), then the Secretary 

19 shall increase payments on the same basis 

20 as such payments were reduced, except no 

21 local educational agency may receive a pay22 ment amount greater than 100 percent of 

23 the maximum payment calculated under 

24 this subsection.’’; 


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1 (3) in subsection (c), by amending paragraph 

2 (2) to read as follows: 

3 ‘‘(2) EXCEPTION.—Calculation of payments for 

4 a local educational agency shall be based on data 

5 from the fiscal year for which the agency is making 

6 an application for payment if such agency— 

7 ‘‘(A) is newly established by a State, for 

8 the first year of operation of such agency only; 

9 ‘‘(B) was eligible to receive a payment 

10 under this section for the previous fiscal year 

11 and has had an overall increase in enrollment 

12 (as determined by the Secretary in consultation 

13 with the Secretary of Defense, the Secretary of 

14 Interior, or the heads of other Federal agen15 cies)— 

16 ‘‘(i) of not less than 10 percent, or 

17 100 students, of children described in— 

18 ‘‘(I) subparagraph (A), (B), (C), 

19 or (D) of subsection (a)(1); or 

20 ‘‘(II) subparagraph (F) or (G) of 

21 subsection (a)(1), but only to the ex22 tent such children are civilian depend23 ents of employees of the Department 

24 of Defense or the Department of the 

25 Interior; and 


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1 ‘‘(ii) that is the direct result of closure 

2 or realignment of military installations 

3 under the base closure process or the relo4 cation of members of the Armed Forces 

5 and civilian employees of the Department 

6 of Defense as part of force structure 

7 changes or movements of units or per8 sonnel between military installations or be9 cause of actions initiated by the Secretary 

10 of Interior or the head of another Federal 

11 agency; or 

12 ‘‘(C) was eligible to receive a payment 

13 under this section for the previous fiscal year 

14 and has had an overall increase in enrollment 

15 (as determined by the Secretary)— 

16 ‘‘(i) of not less than 10 percent of 

17 children described in subsection (a)(1), or 

18 not less than 100 of such children; and 

19 ‘‘(ii) that is the direct result of the 

20 closure of a local educational agency that 

21 received a payment under paragraph (1) or 

22 (2) of subsection (b) in the previous fiscal 

23 year.’’; 

24 (4) in subsection (d)(1), by striking ‘‘8014(c)’’ 

25 and inserting ‘‘3(aa)(3)’’; 


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1 (5) in subsection (e)— 

2 (A) by striking paragraphs (1) and (2) and 

3 inserting the following: 

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

5 the total amount the Secretary shall pay a local edu6 cational agency under subsection (b)— 

7 ‘‘(A) for fiscal year 2012, shall not be less 

8 than 90 percent of the total amount that the 

9 local educational agency received under para10 graphs (1) and (2) of subsection (b) for fiscal 

11 year 2011; 

12 ‘‘(B) for fiscal year 2013, shall not be less 

13 than 85 percent of the total amount that the 

14 local educational agency received under para15 graphs (1) and (2) of subsection (b) for fiscal 

16 year 2011; and 

17 ‘‘(C) for fiscal year 2014, shall not be less 

18 than 80 percent of the total amount that the 

19 local educational agency received under para20 graphs (1) and (2) of subsection (b) for fiscal 

21 year 2011.’’; and 

22 (B) by redesignating paragraph (3) as 

23 paragraph (2); and 

24 (6) by striking subsection (g). 


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1 SEC. 8004. CONSTRUCTION. 

2 Section 8007 (20 U.S.C. 7707) is amended— 

3 (1) by striking ‘‘8014(e)’’ each place the term 

4 appears and inserting ‘‘3(aa)(4)’’; and 

5 (2) in subsection (a)(2), by adding at the end 

6 the following: 

7 ‘‘(C) The agency is eligible under section 

8 8003(b)(2) or is receiving a basic support pay9 ment under circumstances described in section 

10 8003(b)(2)(B)(ii).’’. 

11 SEC. 8005. FACILITIES. 

12 Section 8008(a) (20 U.S.C. 7708(a)) is amended by 

13 striking ‘‘8014(f)’’ and inserting ‘‘3(aa)(5)’’. 

14 SEC. 8006. FEDERAL ADMINISTRATION. 

15 Section 8010 (20 U.S.C. 7710) is amended— 

16 (1) in subsection (c)— 

17 (A) in paragraph (1), by striking ‘‘para18 graph (3) of this subsection’’ each place the 

19 term appears and inserting ‘‘paragraph (2)’’; 

20 and 

21 (B) in paragraph (2)(E), by striking 

22 ‘‘under section 8003(b)’’ and all that follows 

23 through the period at the end and inserting 

24 ‘‘under this title.’’; and 

25 (2) by adding at the end the following: 

26 ‘‘(d) TIMELY PAYMENTS.— 


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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 the Secretary shall pay a local educational agency 

3 the full amount that the agency is eligible to receive 

4 under this title for a fiscal year not later than Sep5 tember 30 of the second fiscal year following the fis6 cal year for which such amount has been appro7 priated if, not later than 1 calendar year following 

8 the fiscal year in which such amount has been ap9 propriated, such local educational agency submits to 

10 the Secretary all the data and information necessary 

11 for the Secretary to pay the full amount that the 

12 agency is eligible to receive under this title for such 

13 fiscal year. 

14 ‘‘(2) PAYMENTS WITH RESPECT TO FISCAL

15 YEARS IN WHICH INSUFFICIENT FUNDS ARE APPRO16 PRIATED.—For a fiscal year in which the amount 

17 appropriated under section 3(aa) is insufficient to 

18 pay the full amount a local educational agency is eli19 gible to receive under this title, paragraph (1) shall 

20 be applied by substituting ‘is available to pay the 

21 agency’ for ‘the agency is eligible to receive’ each 

22 place the term appears.’’. 

23 SEC. 8007. DEFINITIONS. 

24 Section 8013 (20 U.S.C. 7713) is amended— 


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1 (1) in paragraph (1), by striking ‘‘and Marine 

2 Corps’’ and inserting ‘‘Marine Corps, and Coast 

3 Guard’’; and 

4 (2) in paragraph (5)(A)(iii)(II), by striking 

5 ‘‘Stewart B. McKinney Homeless Assistance Act’’ 

6 and inserting ‘‘McKinney-Vento Homeless Assist7 ance Act’’. 

8 SEC. 8008. CONFORMING AMENDMENT. 

9 Title VIII (20 U.S.C. 7701 et seq.) is amended by 

10 striking section 8014. 

11 SEC. 8009. ELIGIBILITY FOR IMPACT AID PAYMENT. 

12 (a) LOCAL EDUCATIONAL AGENCIES.—Notwith13 standing section 8013(9) of the Elementary and Sec14 ondary Education Act of 1965 (20 U.S.C. 7713(9)), 

15 North Chicago Community Unit School District 187, 

16 North Shore District 112, and Township High School Dis17 trict 113 in Lake County, Illinois, and Glenview Public 

18 School District 34 and Glenbrook High School District 

19 225 in Cook County, Illinois, shall be considered local edu20 cational agencies as such term is used in, and for purposes 

21 of, title VIII of such Act. 

22 (b) COMPUTATION.—Notwithstanding any other pro23 vision of law, federally connected children (as determined 

24 under section 8003(a) of the Elementary and Secondary 

25 Education Act of 1965 (20 U.S.C. 7703(a))) who are in 


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1 attendance in the North Shore District 112, Township 

2 High School District 113, Glenview Public School District 

3 34, and Glenbrook High School District 225 described in 

4 subsection (a), shall be considered to be in attendance in 

5 the North Chicago Community Unit School District 187 

6 described in subsection (a) for purposes of computing the 

7 amount that the North Chicago Community Unit School 

8 District 187 is eligible to receive under subsection (b) or 

9 (d) of section 8003 of such Act if— 

10 (1) such school districts have entered into an 

11 agreement for such students to be so considered and 

12 for the equitable apportionment among all such 

13 school districts of any amount received by the North 

14 Chicago Community Unit School District 187 under 

15 such section; and 

16 (2) any amount apportioned among all such 

17 school districts pursuant to paragraph (1) is used by 

18 such school districts only for the direct provision of 

19 educational services. 

20 TITLE IX—GENERAL 

21 PROVISIONS 

22 SEC. 9101. DEFINITIONS. 

23 (a) IN GENERAL.—Section 9101 (20 U.S.C. 7801) 

24 is amended to read as follows: 


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1 ‘‘SEC. 9101. DEFINITIONS. 

2 ‘‘Except as otherwise provided, in this Act: 

3 ‘‘(1) ADJUSTED COHORT; ENTERING COHORT; 

4 TRANSFERRED INTO; TRANSFERRED OUT.— 

5 ‘‘(A) ADJUSTED COHORT.—Subject to 

6 clauses (ii) and (iii) of subparagraph (D) and 

7 subparagraphs (E) through (G), the term ‘ad8 justed cohort’ means the difference of— 

9 ‘‘(i) the sum of— 

10 ‘‘(I) the entering cohort; plus 

11 ‘‘(II) any students that trans12 ferred into the cohort in any of grades 

13 9 through 12; minus 

14 ‘‘(ii) any students that are removed 

15 from the cohort as described in subpara16 graph (E). 

17 ‘‘(B) ENTERING COHORT.—The term ‘en18 tering cohort’ when used with respect to a sec19 ondary school, means the number of first-time 

20 students in grade 9 enrolled in the secondary 

21 school 1 month after the start of the secondary 

22 school’s academic year. 

23 ‘‘(C) TRANSFERRED INTO.—The term 

24 ‘transferred into’ when used with respect to a 

25 secondary school student, means a student 

26 who— 


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1 ‘‘(i) was a first-time student in grade 

2 9 during the same school year as the en3 tering cohort; and 

4 ‘‘(ii) enrolls after the entering cohort 

5 is calculated as described in subparagraph 

6 (B). 

7 ‘‘(D) TRANSFERRED OUT.— 

8 ‘‘(i) IN GENERAL.—The term ‘trans9 ferred out’ when used with respect to a 

10 secondary school student, means a student 

11 who the secondary school or local edu12 cational agency has confirmed has trans13 ferred— 

14 ‘‘(I) to another school from which 

15 the student is expected to receive a 

16 regular secondary school diploma; or 

17 ‘‘(II) to another educational pro18 gram from which the student is ex19 pected to receive a regular secondary 

20 school diploma. 

21 ‘‘(ii) CONFIRMATION REQUIRE22 MENTS.— 

23 ‘‘(I) DOCUMENTATION RE24 QUIRED.—The confirmation of a stu25 dent’s transfer to another school or 


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1 educational program described in 

2 clause (i) requires documentation 

3 from the receiving school or program 

4 that the student enrolled in the receiv5 ing school or program. 

6 ‘‘(II) LACK OF CONFIRMATION.— 

7 A student who was enrolled, but for 

8 whom there is no confirmation of the 

9 student having transferred out, shall 

10 remain in the cohort as a nongraduate 

11 for reporting and accountability pur12 poses under this Act. 

13 ‘‘(iii) PROGRAMS NOT PROVIDING

14 CREDIT.—A student enrolled in a GED or 

15 other alternative educational program that 

16 does not issue or provide credit toward the 

17 issuance of a regular secondary school di18 ploma shall not be considered transferred 

19 out and shall remain in the adjusted co20 hort. 

21 ‘‘(E) COHORT REMOVAL.—To remove a 

22 student from a cohort, a school or local edu23 cational agency shall require documentation to 

24 confirm that the student has transferred out, 

25 emigrated to another country, or is deceased. 


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1 ‘‘(F) TREATMENT OF OTHER DEPARTURES

2 AND WITHDRAWALS.—A student who was re3 tained in a grade, enrolled in a GED program, 

4 aged out of a secondary school or secondary 

5 school program, or left secondary school for any 

6 other reason, including expulsion, shall not be 

7 considered transferred out, and shall remain in 

8 the adjusted cohort. 

9 ‘‘(G) SPECIAL RULE.—For those secondary 

10 schools that start after grade 9, the entering 

11 cohort shall be calculated 1 month after the 

12 start of the secondary school’s academic year in 

13 the earliest secondary school grade at the sec14 ondary school. 

15 ‘‘(2) ADVANCED PLACEMENT OR INTER16 NATIONAL BACCALAUREATE COURSE.—The term 

17 ‘Advanced Placement or International Baccalaureate 

18 course’ means— 

19 ‘‘(A) a course of postsecondary-level in20 struction provided to secondary school students, 

21 terminating in Advanced Placement or Inter22 national Baccalaureate examination; or 

23 ‘‘(B) another highly rigorous, evidence24 based, postsecondary preparatory program ter25 minating in— 


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1 ‘‘(i) an examination administered by a 

2 nationally recognized educational organiza3 tion that has a demonstrated record of ef4 fectiveness in assessing secondary school 

5 students; or 

6 ‘‘(ii) another such examination ap7 proved by the Secretary. 

8 ‘‘(3) ADVANCED PLACEMENT OR INTER9 NATIONAL BACCALAUREATE EXAMINATION.—The 

10 term ‘Advanced Placement or International Bacca11 laureate examination’ means an Advanced Place12 ment examination administered by the College 

13 Board, an International Baccalaureate examination 

14 administered by the International Baccalaureate Or15 ganization, or another such examination approved by 

16 the Secretary. 

17 ‘‘(4) AUTHORIZING COMMITTEES.—The term 

18 ‘authorizing committees’ means the Committee on 

19 Education and the Workforce of the House of Rep20 resentatives and the Committee on Health, Edu21 cation, Labor, and Pensions of the Senate. 

22 ‘‘(5) AVERAGE DAILY ATTENDANCE.— 

23 ‘‘(A) IN GENERAL.—Except as provided 

24 otherwise by State law or this paragraph, the 

25 term ‘average daily attendance’ means— 


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1 ‘‘(i) the aggregate number of days of 

2 attendance of all students during a school 

3 year; divided by 

4 ‘‘(ii) the number of days school is in 

5 session during that year. 

6 ‘‘(B) CONVERSION.—The Secretary shall 

7 permit the conversion of average daily member8 ship (or other similar data) to average daily at9 tendance for local educational agencies in 

10 States that provide State aid to local edu11 cational agencies on the basis of average daily 

12 membership (or other similar data). 

13 ‘‘(C) SPECIAL RULE.—If the local edu14 cational agency in which a child resides makes 

15 a tuition or other payment for the free public 

16 education of the child in a school served by an17 other local educational agency, the Secretary 

18 shall, for the purpose of this Act— 

19 ‘‘(i) consider the child to be in attend20 ance at a school of the agency making the 

21 payment; and 

22 ‘‘(ii) not consider the child to be in at23 tendance at a school of the agency receiv24 ing the payment. 


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1 ‘‘(6) AVERAGE PER-PUPIL EXPENDITURE.—The 

2 term ‘average per-pupil expenditure’ means, in the 

3 case of a State or of the United States— 

4 ‘‘(A) without regard to the source of 

5 funds— 

6 ‘‘(i) the aggregate current expendi7 tures, during the most recent fiscal year 

8 for which satisfactory data are available, of 

9 all local educational agencies in the State 

10 or, in the case of the United States, for all 

11 States (which, for the purpose of this para12 graph, means the 50 States and the Dis13 trict of Columbia); plus 

14 ‘‘(ii) any direct current expenditures 

15 by the State for the operation of those 

16 agencies; divided by 

17 ‘‘(B) the aggregate number of children in 

18 average daily attendance to whom those agen19 cies provided free public education during that 

20 year. 

21 ‘‘(7) CHARTER MANAGEMENT ORGANIZATION.— 

22 The term ‘charter management organization’ means 

23 a nonprofit organization that operates, manages, or 

24 oversees multiple charter schools by centralizing or 


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1 sharing certain functions and resources among such 

2 schools. 

3 ‘‘(8) CHILD.—The term ‘child’ means any per4 son within the age limits for which the State pro5 vides free public education. 

6 ‘‘(9) CHILD WITH A DISABILITY.—The term 

7 ‘child with a disability’ has the same meaning given 

8 that term in section 602 of the Individuals with Dis9 abilities Education Act. 

10 ‘‘(10) CONDITIONS FOR LEARNING.—The term 

11 ‘conditions for learning’ means conditions that ad12 vance student achievement and positive child and 

13 youth development by supporting schools that— 

14 ‘‘(A) promote physical, mental, and emo15 tional health; 

16 ‘‘(B) ensure the safety of students and 

17 staff; 

18 ‘‘(C) promote social, emotional, and char19 acter development; and 

20 ‘‘(D) have the following attributes: 

21 ‘‘(i) Provide opportunities for physical 

22 activity and good nutrition. 

23 ‘‘(ii) Are free of violence, harassment, 

24 and weapons. 


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1 ‘‘(iii) Prevent use and abuse of drugs 

2 and controlled substances. 

3 ‘‘(iv) Help staff and students to model 

4 positive social and emotional skills. 

5 ‘‘(v) Employ adults who have high ex6 pectations for student conduct, character, 

7 and academic achievement. 

8 ‘‘(vi) Engage parents and family 

9 members in meaningful and sustained 

10 ways to promote positive student academic 

11 achievement and developmental outcomes. 

12 ‘‘(11) CONSOLIDATED LOCAL APPLICATION.— 

13 The term ‘consolidated local application’ means an 

14 application submitted by a local educational agency 

15 pursuant to section 9305. 

16 ‘‘(12) CONSOLIDATED LOCAL PLAN.—The term 

17 ‘consolidated local plan’ means a plan submitted by 

18 a local educational agency pursuant to section 9305. 

19 ‘‘(13) CONSOLIDATED STATE APPLICATION.— 

20 The term ‘consolidated State application’ means an 

21 application submitted by a State educational agency 

22 pursuant to section 9302. 

23 ‘‘(14) CONSOLIDATED STATE PLAN.—The term 

24 ‘consolidated State plan’ means a plan submitted by 


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1 a State educational agency pursuant to section 

2 9302. 

3 ‘‘(15) CORE ACADEMIC SUBJECTS.—The term 

4 ‘core academic subjects’ means English, reading or 

5 language arts, mathematics, science, foreign lan6 guages, civics and government, economics, arts, his7 tory, and geography. 

8 ‘‘(16) COVERED PROGRAM.—The term ‘covered 

9 program’ means each of the programs authorized 

10 by— 

11 ‘‘(A) part A of title I; 

12 ‘‘(B) part C of title I; 

13 ‘‘(C) part D of title I; 

14 ‘‘(D) part A of title II; 

15 ‘‘(E) part A of title III; 

16 ‘‘(F) part B of title IV; and 

17 ‘‘(G) subpart 2 of part B of title VI. 

18 ‘‘(17) CURRENT EXPENDITURES.—The term 

19 ‘current expenditures’ means expenditures for free 

20 public education— 

21 ‘‘(A) including expenditures for adminis22 tration, instruction, attendance and health serv23 ices, pupil transportation services, operation 

24 and maintenance of plant, fixed charges, and 


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1 net expenditures to cover deficits for food serv2 ices and student body activities; but 

3 ‘‘(B) not including expenditures for com4 munity services, capital outlay, and debt serv5 ice, or any expenditures made from funds re6 ceived under title I. 

7 ‘‘(18) DEPARTMENT.—The term ‘Department’ 

8 means the Department of Education. 

9 ‘‘(19) DEVELOPMENTAL DELAY.—The term ‘de10 velopmental delay’ has the meaning given the term 

11 in section 632 of the Individuals with Disabilities 

12 Education Act (20 U.S.C. 1432). 

13 ‘‘(20) DISTANCE LEARNING.—The term ‘dis14 tance learning’ means the transmission of edu15 cational or instructional programming to geographi16 cally dispersed individuals and groups via tele17 communications. 

18 ‘‘(21) EDUCATIONAL SERVICE AGENCY.—The 

19 term ‘educational service agency’ means a regional 

20 public multiservice agency authorized by State stat21 ute to develop, manage, and provide services or pro22 grams to local educational agencies. 

23 ‘‘(22) ELEMENTARY SCHOOL.—The term ‘ele24 mentary school’ means a nonprofit institutional day 

25 or residential school, including a public elementary 


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1 charter school, that provides elementary education, 

2 as determined under State law. 

3 ‘‘(23) ENGLISH LEARNER.—The term ‘English 

4 learner’ means an individual— 

5 ‘‘(A) who is aged 3 through 21; 

6 ‘‘(B) who is enrolled or preparing to enroll 

7 in an elementary school or secondary school; 

8 ‘‘(C)(i) who was not born in the United 

9 States or whose native language is a language 

10 other than English; 

11 ‘‘(ii)(I) who is a Native American or Alas12 ka Native, or a native resident of the outlying 

13 areas; and 

14 ‘‘(II) who comes from an environment 

15 where a language other than English has had 

16 a significant impact on the individual’s level of 

17 English language proficiency; or 

18 ‘‘(iii) who is migratory, whose native lan19 guage is a language other than English, and 

20 who comes from an environment where a lan21 guage other than English is dominant; and 

22 ‘‘(D) whose difficulties in speaking, read23 ing, writing, or understanding the English lan24 guage may be sufficient to deny the indi25 vidual— 


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1 ‘‘(i) the ability to meet the State’s on2 track level of performance on State assess3 ments described in section 1111(a)(2); 

4 ‘‘(ii) the ability to successfully achieve 

5 in classrooms where the language of in6 struction is English; or 

7 ‘‘(iii) the opportunity to participate 

8 fully in society. 

9 ‘‘(24) EVIDENCE-BASED.—The term ‘evidence10 based’, when used with respect to a program, prac11 tice, or policy, means— 

12 ‘‘(A) based on a comprehensive, unbiased 

13 review and weighing of 1 or more evaluation 

14 studies that— 

15 ‘‘(i) have been carried out consistent 

16 with the principles of scientific research; 

17 ‘‘(ii) have strong internal and external 

18 validity; and 

19 ‘‘(iii) support the direct attribution of 

20 1 or more outcomes to the program, prac21 tice, or policy; or 

22 ‘‘(B) in the absence of any study described 

23 in subparagraph (A), based on a comprehensive, 

24 unbiased review and weighing of data analysis, 


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1 research, or 1 or more evaluation studies of rel2 evant programs, practices, or policies, that— 

3 ‘‘(i) were carried out consistent with 

4 the principles of scientifically based re5 search; and 

6 ‘‘(ii) are accompanied by strategies to 

7 generate more robust evidence over time 

8 through research, evaluation, and data 

9 analysis, including— 

10 ‘‘(I) the measurement of per11 formance with reliable process and 

12 outcome indicators; and 

13 ‘‘(II) the implementation of eval14 uations with strong internal and ex15 ternal validity where feasible and ap16 propriate. 

17 ‘‘(25) EXPANDED LEARNING TIME.—The term 

18 ‘expanded learning time’ means using a longer 

19 school day, week, or year schedule to significantly 

20 increase the total number of school hours, in order 

21 to include additional time for— 

22 ‘‘(A) instruction in core academic subjects; 

23 ‘‘(B) instruction in other subjects and en24 richment and other activities that contribute to 

25 a well-rounded education, including music and 


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1 the arts, physical education, and experiential 

2 and work-based learning; and 

3 ‘‘(C) instructional and support staff to col4 laborate, plan, and engage in professional devel5 opment, including on family and community en6 gagement, within and across grades and sub7 jects. 

8 ‘‘(26) FAMILY LITERACY ACTIVITIES.—The 

9 term ‘family literacy activities’ means activities 

10 that— 

11 ‘‘(A) are of sufficient intensity in terms of 

12 hours, and of sufficient duration, to make sus13 tainable improvements in the literacy rates of a 

14 family; 

15 ‘‘(B) better enable parents to support their 

16 children’s learning needs; and 

17 ‘‘(C) integrate all of the following activi18 ties: 

19 ‘‘(i) Parent adult education and lit20 eracy activities that lead to readiness for 

21 postsecondary education or training, career 

22 advancement, and economic self-suffi23 ciency. 

24 ‘‘(ii) Interactive literacy activities be25 tween parents and their children. 


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1 ‘‘(iii) Training for parents regarding 

2 how to be the primary teacher for their 

3 children and full partners in the education 

4 of their children. 

5 ‘‘(iv) Age-appropriate education to 

6 prepare children for success in school and 

7 life experiences. 

8 ‘‘(27) FAMILY MEMBER.—The term ‘family 

9 member’ means a parent, relative, or other adult 

10 who is responsible for the care and well-being of a 

11 child. 

12 ‘‘(28) FREE PUBLIC EDUCATION.—The term 

13 ‘free public education’ means education that is pro14 vided— 

15 ‘‘(A) at public expense, under public super16 vision and direction, and without tuition charge; 

17 and 

18 ‘‘(B) as elementary or secondary edu19 cation, as determined under State law, except 

20 that, notwithstanding State law, such term— 

21 ‘‘(i) includes preschool education; and 

22 ‘‘(ii) does not include any education 

23 provided beyond grade 12. 

24 ‘‘(29) GIFTED AND TALENTED.—The term 

25 ‘gifted and talented’, when used with respect to stuVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00874 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 dents, children, or youth, means students, children, 

2 or youth who give evidence of high achievement ca3 pability in areas such as intellectual, creative, artis4 tic, or leadership capacity, or in specific academic 

5 fields, and who need services or activities not ordi6 narily provided by the school in order to fully de7 velop those capabilities. 

8 ‘‘(30) GRADUATION RATES.—The term ‘gradua9 tion rates’ shall, at a minimum, include both of the 

10 following: 

11 ‘‘(A) A 4-year adjusted cohort graduation 

12 rate for a school year, defined as the percent 

13 obtained by calculating the product of— 

14 ‘‘(i) the result of— 

15 ‘‘(I) the number of students 

16 who— 

17 ‘‘(aa) formed the adjusted 

18 cohort 4 years earlier; and 

19 ‘‘(bb) graduate in 4 years or 

20 less with a regular secondary 

21 school diploma; divided by 

22 ‘‘(II) the number of students who 

23 formed the adjusted cohort for that 

24 year’s graduating class 4 years ear25 lier; multiplied by 


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1 ‘‘(ii) 100. 

2 ‘‘(B) A cumulative graduation rate for a 

3 school year, defined as the percent obtained by 

4 calculating the product of— 

5 ‘‘(i) the result of— 

6 ‘‘(I) the sum of— 

7 ‘‘(aa) the number of stu8 dents who— 

9 ‘‘(AA) form the ad10 justed cohort for that year’s 

11 graduating class; and 

12 ‘‘(BB) graduate in 4 

13 years or less with a regular 

14 secondary school diploma; 

15 plus 

16 ‘‘(bb) the number of addi17 tional students from previous co18 horts who graduate with a reg19 ular secondary school diploma by 

20 the end of the school year in— 

21 ‘‘(AA) more than 4 

22 years but not more than 6 

23 years; or 

24 ‘‘(BB) before exceeding 

25 the age for eligibility for a 


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1 free appropriate public edu2 cation (as defined in section 

3 602 of the Individuals with 

4 Disabilities Education Act) 

5 under State law; divided by 

6 ‘‘(II) the sum of— 

7 ‘‘(aa) the number of stu8 dents who form the adjusted co9 hort for that year’s graduating 

10 class; plus 

11 ‘‘(bb) the number of addi12 tional student graduates de13 scribed in subclause (I)(bb); mul14 tiplied by 

15 ‘‘(ii) 100. 

16 ‘‘(31) HIGH SCHOOL.—The term ‘high school’ 

17 means a secondary school that— 

18 ‘‘(A) grants a diploma, as defined by the 

19 State; and 

20 ‘‘(B) includes, at least, grade 12. 

21 ‘‘(32) HIGHLY QUALIFIED TEACHER.— 

22 ‘‘(A) IN GENERAL.—The term ‘highly 

23 qualified teacher’ means— 

24 ‘‘(i) with respect to any public elemen25 tary school, middle school, or high school 


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1 teacher teaching in a State, a teacher 

2 who— 

3 ‘‘(I)(aa) has obtained State cer4 tification as a teacher (including cer5 tification obtained through alternative 

6 routes to certification) or passed the 

7 State teacher licensing examination, 

8 and holds a license to teach in the 

9 State, except that when used with re10 spect to any teacher teaching in a 

11 charter school, the term means that 

12 the teacher meets the requirements 

13 set forth in the State’s charter school 

14 law; or 

15 ‘‘(bb) has passed a rigorous State 

16 test for subject matter knowledge and 

17 is making satisfactory progress to18 wards obtaining full certification or li19 censure within 3 years through par20 ticipation in a high-quality, State-ap21 proved alternative certification pro22 gram; and 

23 ‘‘(II) has not had certification or 

24 licensure requirements waived on an 


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1 emergency, temporary, or provisional 

2 basis; 

3 ‘‘(ii) with respect to— 

4 ‘‘(I) an elementary school teacher 

5 who is new to the profession, that the 

6 teacher holds at least a bachelor’s de7 gree and— 

8 ‘‘(aa) if teaching more than 

9 a single subject, has dem10 onstrated, by receiving a passing 

11 score on a rigorous State test, 

12 subject knowledge and teaching 

13 skills in reading, writing, mathe14 matics, and other areas of the 

15 basic elementary school cur16 riculum (which may consist of 

17 passing a State-required certifi18 cation or licensing test or tests in 

19 reading, writing, mathematics, 

20 and other areas of the basic ele21 mentary school curriculum); or 

22 ‘‘(bb) if teaching a single 

23 subject, meets either the require24 ment in item (aa) or (bb) of sub25 clause (II); and 


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1 ‘‘(II) a middle school or high 

2 school teacher who is new to the pro3 fession, that the teacher holds at least 

4 a bachelor’s degree and has dem5 onstrated a high level of competency 

6 in each of the academic subjects in 

7 which the teacher teaches by— 

8 ‘‘(aa) receiving a passing 

9 score on a rigorous State aca10 demic subject test in each of the 

11 academic subjects in which the 

12 teacher teaches (which may con13 sist of a passing level of perform14 ance on a State-required certifi15 cation or licensing test or tests in 

16 each of the academic subjects the 

17 teacher teaches); or 

18 ‘‘(bb) successful completion, 

19 in each of the academic subjects 

20 in which the teacher teaches, of 

21 an academic major, a graduate 

22 degree, coursework equivalent to 

23 an undergraduate academic 

24 major, or advanced certification 

25 or credentialing; and 


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1 ‘‘(iii) with respect to an elementary 

2 school, middle school, or high school teach3 er who is not new to the profession, that 

4 the teacher holds at least a bachelor’s de5 gree and— 

6 ‘‘(I) has met the applicable 

7 standard in subclause (I) or (II) of 

8 clause (ii), which includes an option 

9 for a test; or 

10 ‘‘(II) demonstrates competence in 

11 all the academic subjects in which the 

12 teacher teaches based on a high objec13 tive uniform State standard of evalua14 tion, which may include multiple sub15 jects, that— 

16 ‘‘(aa) is set by the State for 

17 both grade-appropriate academic 

18 subject-matter knowledge and 

19 teaching skills; 

20 ‘‘(bb) is aligned with State 

21 academic content and student 

22 academic achievement standards 

23 under section 1111(a)(1) and de24 veloped in consultation with core 

25 content specialists, teachers, 


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1 principals, and school administra2 tors; 

3 ‘‘(cc) provides objective, co4 herent information about the 

5 teacher’s attainment of core con6 tent knowledge in the academic 

7 subjects in which a teacher 

8 teaches; 

9 ‘‘(dd) is applied uniformly to 

10 all teachers in the same academic 

11 subject and the same grade level 

12 throughout the State; 

13 ‘‘(ee) takes into consider14 ation, but is not based primarily 

15 on, the time the teacher has been 

16 teaching in the academic subject; 

17 ‘‘(ff) is made available to the 

18 public on request; and 

19 ‘‘(gg) may involve multiple, 

20 objective measures of teacher 

21 competency. 

22 ‘‘(B) SPECIAL RULE.—Notwithstanding 

23 the requirements of subparagraph (A), a State 

24 may deem a teacher to be a highly qualified 


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1 teacher for purposes of this Act, if the teacher 

2 is— 

3 ‘‘(i) a teacher with a bachelor’s degree 

4 who has received and maintained, for the 

5 State in which the teacher teaches, a rat6 ing in the highest categories of a teacher 

7 evaluation system consistent with section 

8 2301(b)(4); 

9 ‘‘(ii) a teacher in a rural local edu10 cational agency, as described in section 

11 6211(d), who teaches multiple subjects, if 

12 the teacher is a highly qualified teacher in 

13 1 of the core academic subjects that the 

14 teacher teaches and becomes highly quali15 fied in the additional subjects in not more 

16 than 3 years by meeting the requirements 

17 of clause (ii) or (iii) of subparagraph (A); 

18 ‘‘(iii) a science teacher who holds a 

19 broad field science or individual science 

20 certification or licensure and whom the 

21 State determines is highly qualified for 

22 purposes of this paragraph; 

23 ‘‘(iv) a teacher who has been deter24 mined to be highly qualified by the State 

25 as of the day before the date of enactment 


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1 of the Elementary and Secondary Edu2 cation Reauthorization Act of 2011; or 

3 ‘‘(v) a teacher who is a participant in 

4 an exchange visitor program and whom the 

5 State determines is highly qualified for the 

6 purposes of this paragraph. 

7 ‘‘(C) SPECIAL EDUCATION TEACHERS.— 

8 The definition of the term ‘highly qualified 

9 teacher’ shall also include a special education 

10 teacher who is highly qualified as determined 

11 under section 602(10) of the Individuals with 

12 Disabilities Education Act. 

13 ‘‘(33) HIGH-NEED LOCAL EDUCATIONAL AGEN14 CY.—The term ‘high-need local educational agency’ 

15 means a local educational agency— 

16 ‘‘(A) that serves not fewer than 10,000 

17 children from families with incomes below the 

18 poverty line; 

19 ‘‘(B) for which not less than 20 percent of 

20 the children served by the agency are from fam21 ilies with incomes below the poverty line; or 

22 ‘‘(C) that is in the highest quartile of local 

23 educational agencies in the State, based on stu24 dent poverty. 

25 ‘‘(34) HIGH-NEED SCHOOL.— 


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1 ‘‘(A) IN GENERAL.—The term ‘high-need 

2 school’ means— 

3 ‘‘(i) an elementary school or middle 

4 school in which not less than 50 percent of 

5 the enrolled students are children from 

6 low-income families; or 

7 ‘‘(ii) a high school in which not less 

8 than 40 percent of the enrolled students 

9 are children from low-income families, 

10 which may be calculated using comparable 

11 data from feeder schools. 

12 ‘‘(B) LOW-INCOME FAMILY.—For purposes 

13 of subparagraph (A), the term ‘low-income fam14 ily’ means a family— 

15 ‘‘(i) in which the children are eligible 

16 for a free or reduced price lunch under the 

17 Richard B. Russell National School Lunch 

18 Act (42 U.S.C. 1751 et seq.); 

19 ‘‘(ii) receiving assistance under a 

20 State program funded under part A of title 

21 IV of the Social Security Act (42 U.S.C. 

22 601 et seq.); or 

23 ‘‘(iii) in which the children are eligible 

24 to receive medical assistance under the 

25 Medicaid program. 


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1 ‘‘(35) INSTITUTION OF HIGHER EDUCATION.— 

2 The term ‘institution of higher education’ has the 

3 meaning given that term in section 101(a) of the 

4 Higher Education Act of 1965. 

5 ‘‘(36) LEADING INDICATORS.—The term ‘lead6 ing indicators’ means areas in which a persistently 

7 low-achieving school is expected to demonstrate im8 provement, such as— 

9 ‘‘(A) average student attendance rates; 

10 ‘‘(B) teacher attendance rates; 

11 ‘‘(C) on-time grade promotion; 

12 ‘‘(D) credit accumulation rates; 

13 ‘‘(E) expulsion, suspension, violence and 

14 harassment rates; 

15 ‘‘(F) teacher retention and turnover rates; 

16 ‘‘(G) percentage of students failing a core, 

17 credit-bearing course; and 

18 ‘‘(H) entrance and placement examina19 tions, and preparation courses, for postsec20 ondary education. 

21 ‘‘(37) LOCAL EDUCATIONAL AGENCY.— 

22 ‘‘(A) IN GENERAL.—The term ‘local edu23 cational agency’ means a public board of edu24 cation or other public authority legally con25 stituted within a State for either administrative 


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1 control or direction of, or to perform a service 

2 function for, public elementary schools or sec3 ondary schools in a city, county, township, 

4 school district, or other political subdivision of 

5 a State, or of or for a combination of school 

6 districts or counties that is recognized in a 

7 State as an administrative agency for its public 

8 elementary schools or secondary schools. 

9 ‘‘(B) ADMINISTRATIVE CONTROL AND DI10 RECTION.—The term includes any other public 

11 institution or agency having administrative con12 trol and direction of a public elementary school 

13 or secondary school. 

14 ‘‘(C) BIE SCHOOLS.—The term includes an 

15 elementary school or secondary school funded 

16 by the Bureau of Indian Education but only to 

17 the extent that including the school makes the 

18 school eligible for programs for which specific 

19 eligibility is not provided to the school in an20 other provision of law and the school does not 

21 have a student population that is smaller than 

22 the student population of the local educational 

23 agency receiving assistance under this Act with 

24 the smallest student population, except that the 

25 school shall not be subject to the jurisdiction of 


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1 any State educational agency other than the 

2 Bureau of Indian Affairs. 

3 ‘‘(D) EDUCATIONAL SERVICE AGENCIES.— 

4 The term includes educational service agencies 

5 and consortia of those agencies. 

6 ‘‘(E) STATE EDUCATIONAL AGENCY.—The 

7 term includes the State educational agency in a 

8 State in which the State educational agency is 

9 the sole educational agency for all public 

10 schools. 

11 ‘‘(38) MAGNET SCHOOL.—The term ‘magnet 

12 school’ means a public elementary school, public sec13 ondary school, public elementary education center, 

14 or public secondary education center, that offers a 

15 special curriculum capable of attracting substantial 

16 numbers of students of different racial backgrounds. 

17 ‘‘(39) MUTUAL CONSENT.—The term ‘mutual 

18 consent’ means a process through which— 

19 ‘‘(A) the principal or hiring team and the 

20 teacher agree to the placement at a school; 

21 ‘‘(B) the principal or hiring team selects 

22 teachers for the school from an unrestricted 

23 pool of internal and external candidates based 

24 on an assessment of the qualifications of the in25 dividual candidates; and 


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1 ‘‘(C) the local educational agency ensures 

2 that other schools served by the local edu3 cational agency are not being forced to accept 

4 teachers displaced from persistently low-achiev5 ing schools. 

6 ‘‘(40) NATIVE AMERICAN AND NATIVE AMER7 ICAN LANGUAGE.—The terms ‘Native American’ and 

8 ‘Native American language’ have the same meaning 

9 given those terms in section 103 of the Native 

10 American Languages Act of 1990 (25 U.S.C. 2902). 

11 ‘‘(41) ON TRACK TO COLLEGE AND CAREER

12 READINESS.—The term ‘on track to college and ca13 reer readiness’, when used with respect to a student, 

14 means that— 

15 ‘‘(A) the student is performing at or above 

16 the student’s grade level in a subject so that the 

17 student will be college and career ready in such 

18 subject by the time of high school graduation, 

19 as demonstrated by student performance that 

20 meets or exceeds the on-track level of student 

21 academic achievement for such subject under 

22 section 1111(a)(1)(A)(iv) for the student’s 

23 grade, as measured by the State’s assessment 

24 system under section 1111(a)(2); or 


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1 ‘‘(B) in the case of a student in a State 

2 that has chosen in accordance with section 

3 1111(b)(1)(B) to measure student growth in 

4 addition to student achievement for purposes of 

5 determining readiness, the student meets the 

6 requirements of subparagraph (A) for a subject 

7 or the student is attaining student growth in 

8 accordance with clauses (i) and (ii) of such sec9 tion in the subject. 

10 ‘‘(42) OUTLYING AREA.—The term ‘outlying 

11 area’— 

12 ‘‘(A) means American Samoa, the Com13 monwealth of the Northern Mariana Islands, 

14 Guam, and the United States Virgin Islands; 

15 ‘‘(B) means the Republic of Palau, to the 

16 extent permitted under section 105(f)(1)(B)(ix) 

17 of the Compact of Free Association Amend18 ments Act of 2003 (Public Law 108–188; 117 

19 Stat. 2751) and until an agreement for the ex20 tension of United States education assistance 

21 under the Compact of Free Association becomes 

22 effective for the Republic of Palau; and 

23 ‘‘(C) for the purpose of any discretionary 

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1 erated States of Micronesia, to the extent per2 mitted under section 105(f)(1)(B)(viii) of the 

3 Compact of Free Association Amendments Act 

4 of 2003 (Public Law 108–188; 117 Stat. 

5 2751). 

6 ‘‘(43) PARENT.—The term ‘parent’ includes a 

7 legal guardian or other person standing in loco 

8 parentis (such as a grandparent or stepparent with 

9 whom the child lives, or a person who is legally re10 sponsible for the child’s welfare). 

11 ‘‘(44) POVERTY LINE.—The term ‘poverty line’ 

12 means the poverty line (as defined by the Office of 

13 Management and Budget and revised annually in ac14 cordance with section 673(2) of the Community 

15 Services Block Grant Act (42 U.S.C. 9902(2)) appli16 cable to a family of the size involved. 

17 ‘‘(45) PROFESSIONAL DEVELOPMENT.—The 

18 term ‘professional development’ means activities 

19 based on scientifically valid research that are coordi20 nated and aligned to increase the effectiveness of 

21 educators (including teachers, principals, other 

22 school leaders, specialized instructional support per23 sonnel, paraprofessionals, and, as applicable, early 

24 childhood educators) and are regularly assessed to 

25 determine the activities’ effectiveness, and that— 


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1 ‘‘(A) are designed and implemented to im2 prove student achievement and classroom prac3 tice; 

4 ‘‘(B) are aligned with— 

5 ‘‘(i) State academic content standards 

6 and student academic achievement stand7 ards developed under section 1111(a)(1); 

8 ‘‘(ii) related academic and school im9 provement goals of the school, local edu10 cational agency, and, as appropriate, state11 wide and local curricula; and 

12 ‘‘(iii) rigorous teaching standards; 

13 ‘‘(C) increase educators’— 

14 ‘‘(i) knowledge and understanding 

15 about how students learn; 

16 ‘‘(ii) academic content knowledge; 

17 ‘‘(iii) ability to analyze student work 

18 and achievement data from multiple 

19 sources, including how to adjust instruc20 tional strategies, assessments, and mate21 rials based on such analysis; and 

22 ‘‘(iv) ability to instruct students with 

23 disabilities and English learners so that 

24 they are able to meet the State academic 


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1 content standards and student academic 

2 achievement standards; 

3 ‘‘(D) address areas for improvement based 

4 on such educators’ evaluations; 

5 ‘‘(E) are job-embedded, ongoing, collabo6 rative, data-driven, and classroom-focused; and 

7 ‘‘(F) are, as appropriate— 

8 ‘‘(i) designed to provide educators 

9 with the knowledge and skills to work more 

10 effectively with parents and families; and 

11 ‘‘(ii) provided jointly for school staff 

12 and other early childhood education and 

13 care providers, where applicable, to address 

14 the transition to elementary school, includ15 ing issues related to school readiness 

16 across all major domains of early learning. 

17 ‘‘(46) REGULAR SECONDARY SCHOOL DI18 PLOMA.— 

19 ‘‘(A) IN GENERAL.—The term ‘regular sec20 ondary school diploma’ means the standard sec21 ondary school diploma awarded to the prepon22 derance of students in the State that is fully 

23 aligned with State standards, or a higher di24 ploma. Such term shall not include a GED or 

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1 tificate of attendance, or any lesser diploma 

2 award. 

3 ‘‘(B) EXCEPTION FOR STUDENTS WITH

4 SIGNIFICANT COGNITIVE DISABILITIES.—For a 

5 student who has a significant cognitive dis6 ability and is assessed using an alternate as7 sessment aligned to alternate academic achieve8 ment standards under section 1111(a)(1)(D), 

9 receipt of a regular secondary school diploma or 

10 a State-defined alternate diploma aligned with 

11 completion of the student’s right to a free ap12 propriate public education under the Individuals 

13 with Disabilities Education Act shall be counted 

14 as graduating with a regular secondary school 

15 diploma for the purposes of this Act, except 

16 that not more than 1 percent of students served 

17 by a State or a local educational agency, as ap18 propriate, shall be counted as graduates with a 

19 regular secondary school diploma under this 

20 subparagraph. 

21 ‘‘(47) SCIENTIFICALLY BASED RESEARCH.— 

22 The term ‘scientifically based research’— 

23 ‘‘(A) means research that involves the ap24 plication of rigorous, systematic, and objective 

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1 edge relevant to education activities and pro2 grams; and 

3 ‘‘(B) includes research that— 

4 ‘‘(i) employs systematic, empirical 

5 methods that draw on observation or ex6 periment; 

7 ‘‘(ii) involves rigorous data analyses 

8 that are adequate to test the stated 

9 hypotheses and justify the general conclu10 sions drawn; 

11 ‘‘(iii) relies on measurements or obser12 vational methods that provide reliable and 

13 valid data across evaluators and observers, 

14 across multiple measurements and observa15 tions, and across studies by the same or 

16 different investigators; 

17 ‘‘(iv) is evaluated using experimental 

18 or quasi-experimental designs in which in19 dividuals, entities, programs, or activities 

20 are assigned to different conditions and 

21 with appropriate controls to evaluate the 

22 effects of the condition of interest, with a 

23 preference for random-assignment experi24 ments, or other designs to the extent that 


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1 those designs contain within-condition or 

2 across-condition controls; 

3 ‘‘(v) ensures that experimental studies 

4 are presented in sufficient detail and clar5 ity to allow for replication or, at a min6 imum, offer the opportunity to build sys7 tematically on their findings; and 

8 ‘‘(vi) has been accepted by a peer-re9 viewed journal or approved by a panel of 

10 independent experts through a comparably 

11 rigorous, objective, and scientific review. 

12 ‘‘(48) SCIENTIFICALLY VALID RESEARCH.—The 

13 term ‘scientifically valid research’ includes applied 

14 research, basic research, and field-initiated research 

15 in which the rationale, design, and interpretation are 

16 soundly developed in accordance with principles of 

17 scientific research. 

18 ‘‘(49) SECONDARY SCHOOL.—The term ‘sec19 ondary school’ means a nonprofit institutional day or 

20 residential school, including a public secondary char21 ter school, that provides secondary education, as de22 termined under State law, except that the term does 

23 not include any education beyond grade 12. 

24 ‘‘(50) SECRETARY.—The term ‘Secretary’ 

25 means the Secretary of Education. 


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1 ‘‘(51) SPECIALIZED INSTRUCTIONAL SUPPORT

2 PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT

3 SERVICES.— 

4 ‘‘(A) SPECIALIZED INSTRUCTIONAL SUP5 PORT PERSONNEL.—The term ‘specialized in6 structional support personnel’ means school 

7 counselors, school social workers, school psy8 chologists, school nurses, and other qualified 

9 professional personnel involved in providing as10 sessment, diagnosis, counseling, educational, 

11 therapeutic, and other necessary services (in12 cluding related services as that term is defined 

13 in section 602 of the Individuals with Disabil14 ities Education Act) as part of a comprehensive 

15 program to meet student needs. 

16 ‘‘(B) SPECIALIZED INSTRUCTIONAL SUP17 PORT SERVICES.—The term ‘specialized instruc18 tional support services’ means the services pro19 vided by specialized instructional support per20 sonnel. 

21 ‘‘(52) STATE.—The term ‘State’ means each of 

22 the 50 States, the District of Columbia, the Com23 monwealth of Puerto Rico, and each of the outlying 

24 areas. 


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1 ‘‘(53) STATE ADVISORY COUNCIL ON EARLY

2 CHILDHOOD EDUCATION AND CARE.—The term 

3 ‘State Advisory Council on Early Childhood Edu4 cation and Care’ means the State Advisory Council 

5 on Early Childhood Education and Care established 

6 under section 642B(b) of the Head Start Act (42 

7 U.S.C. 9837b(b)). 

8 ‘‘(54) STATE EDUCATIONAL AGENCY.—The 

9 term ‘State educational agency’ means the agency 

10 primarily responsible for the State supervision of 

11 public elementary schools and secondary schools. 

12 ‘‘(55) TEACHER MENTORING.—The term 

13 ‘teacher mentoring’ means supporting teachers or 

14 principals to increase the effectiveness and retention 

15 of such teachers or principals through a program 

16 that— 

17 ‘‘(A) includes clear criteria for the selec18 tion of mentors that takes into account the 

19 mentor’s— 

20 ‘‘(i) effectiveness; and 

21 ‘‘(ii) ability to facilitate adult learn22 ing; 

23 ‘‘(B) provides high-quality training for 

24 mentors in how to support teachers or prin25 cipals effectively; 


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1 ‘‘(C) provides regularly scheduled time for 

2 collaboration, examination of student work and 

3 achievement data, and ongoing opportunities for 

4 mentors and mentees to observe each other’s 

5 teaching or leading, and identify and address 

6 areas for improvement; and 

7 ‘‘(D) matches mentees with mentors in the 

8 same field, grade, grade span, or subject area. 

9 ‘‘(56) TURNAROUND PARTNER.—The term 

10 ‘turnaround partner’ means a public or private non11 profit organization, institution of higher education, 

12 or charter management organization, with a dem13 onstrated record of successful school improvement. 

14 ‘‘(57) UNIVERSAL DESIGN FOR LEARNING.— 

15 The term ‘universal design for learning’ has the 

16 meaning given the term in section 103 of the Higher 

17 Education Act of 1965.’’. 

18 (b) CONFORMING AMENDMENTS.—The Act (20 

19 U.S.C. 6301 et seq.) is amended— 

20 (1) in section 1604(b) (20 U.S.C. 6574(b)), as 

21 redesignated by section 1601(a)(3) of this Act, by 

22 striking ‘‘the Committee on Education and the 

23 Workforce of the House of Representatives and the 

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1 sions of the Senate’’ and inserting ‘‘the authorizing 

2 committees’’; 

3 (2) in section 3122(b) (20 U.S.C. 6843(b)), as 

4 redesignated by section 3001(3) of this Act, by 

5 striking ‘‘the Committee on Education and the 

6 Workforce of the House of Representatives and the 

7 Committee on Health, Education, Labor, and Pen8 sions of the Senate’’ and inserting ‘‘the authorizing 

9 committees’’; and 

10 (3) in section 9401(e)(4) (20 U.S.C. 

11 7861(e)(4)), by striking ‘‘the Committee on Edu12 cation and the Workforce of the House of Rep13 resentatives and the Committee on Health, Edu14 cation, Labor, and Pensions of the Senate’’ and in15 serting ‘‘the authorizing committees’’. 

16 SEC. 9102. UNSAFE SCHOOL CHOICE OPTION. 

17 Section 9532(a) (20 U.S.C. 7912(a)) is amended by 

18 striking ‘‘attending’’ and all that follows through ‘‘victim 

19 of’’ and inserting ‘‘who is threatened with, or becomes a 

20 victim of,’’. 

21 SEC. 9103. EVALUATION AUTHORITY. 

22 Section 9601 (20 U.S.C. 7941) is amended to read 

23 as follows: 


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1 ‘‘SEC. 9601. EVALUATION AUTHORITY. 

2 ‘‘(a) RESERVATION OF FUNDS.—Except as provided 

3 in subsection (b), the Secretary may reserve not more than 

4 3 percent of the amount appropriated to carry out each 

5 categorical program and demonstration project authorized 

6 under this Act. The reserved amounts shall be used by 

7 the Secretary, acting through the Director of the Institute 

8 of Education Sciences, to— 

9 ‘‘(1) conduct— 

10 ‘‘(A) comprehensive, high-quality evalua11 tions of the program or project that— 

12 ‘‘(i) provide information to inform pol13 icy-making and to support continuous pro14 gram improvement; and 

15 ‘‘(ii) use methods appropriate for the 

16 questions being asked; and 

17 ‘‘(B) impact evaluations that employ exper18 imental or quasi-experimental designs, where 

19 practicable and appropriate, and other rigorous 

20 methodologies that permit the strongest pos21 sible causal inferences; 

22 ‘‘(2) provide technical assistance to grant re23 cipients on— 

24 ‘‘(A) the conduct of the evaluation activi25 ties that the grantees carry out under this Act; 

26 and 


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1 ‘‘(B) the collection and reporting of per2 formance data relating to the program or 

3 project; 

4 ‘‘(3) evaluate the aggregate short- and long5 term effects and cost efficiencies across Federal pro6 grams assisted or authorized under this Act and re7 lated Federal preschool, elementary, and secondary 

8 programs under any other Federal law; 

9 ‘‘(4) increase the usefulness of evaluations of 

10 grant recipients in order to ensure the continuous 

11 progress of the program or project by improving the 

12 quality, timeliness, efficiency, dissemination, and use 

13 of information relating to performance under the 

14 program or project; and 

15 ‘‘(5) identify and disseminate research and best 

16 practices related to the programs and projects au17 thorized under this Act. 

18 ‘‘(b) TITLE I.—The Secretary may not reserve under 

19 subsection (a) more than 1 percent of the funds appro20 priated to carry out title I. 

21 ‘‘(c) EVALUATION PLAN.—Beginning not later than 

22 1 year after the date of enactment of the Elementary and 

23 Secondary Education Reauthorization Act of 2011, the 

24 Secretary shall annually develop and submit to Congress 

25 a plan that— 


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1 ‘‘(1) describes the timeline for evaluation of the 

2 programs and projects authorized under this Act; 

3 and 

4 ‘‘(2) describes the specific evaluation activities 

5 that the Secretary intends to carry out for such pro6 grams and projects during the next year. 

7 ‘‘(d) EVALUATION ACTIVITIES AUTHORIZED ELSE8 WHERE.—If, under any other provision of this Act (other 

9 than title I), funds are authorized to be reserved or used 

10 for evaluation activities with respect to a program or 

11 project, the Secretary may not reserve additional funds 

12 under this section for the evaluation of that program or 

13 project. 

14 ‘‘(e) SPECIAL RULE REGARDING ALLOCATION FOR

15 IMPACT EVALUATIONS.—The Secretary shall use not less 

16 than 30 percent of the funds reserved under this section 

17 for each of the fiscal years 2012 through 2017, in the ag18 gregate for each year, for impact evaluations that meet 

19 the requirements of subsection (a)(1).’’. 

20 SEC. 9104. CONFORMING AMENDMENTS. 

21 (a) REORGANIZATION.—Title IX (20 U.S.C. 7801 et 

22 seq.) is amended by adding at the end the following: 

23 ‘‘PART G—MISCELLANEOUS PROVISIONS’’. 

24 (b) CONFORMING AMENDMENTS.—Title IX (20 

25 U.S.C. 7801 et seq.) is amended— 


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1 (1) in section 9401 (20 U.S.C. 7861)— 

2 (A) in subsection (b)(1)(C), by striking ‘‘, 

3 in accordance with section 1111(b),’’; and 

4 (B) in subsection (c), by striking ‘‘subpart 

5 1 of part B of title V’’ and inserting ‘‘subpart 

6 1 of part D of title V’’; 

7 (2) by striking paragraph (1) of section 

8 9501(b) (20 U.S.C. 7881(b)) and inserting the fol9 lowing: 

10 ‘‘(1) IN GENERAL.—This section applies to pro11 grams under— 

12 ‘‘(A) part C of title I; 

13 ‘‘(B) part A of title II, to the extent pro14 vided in paragraph (3); 

15 ‘‘(C) part A of title III; 

16 ‘‘(D) part A of title IV; 

17 ‘‘(E) part B of title IV; 

18 ‘‘(F) part D of title IV; and 

19 ‘‘(G) part E of title IV.’’; and 

20 (3) in section 9534(b) (20 U.S.C. 7914(b)), by 

21 striking ‘‘part B of title V’’ each place the term ap22 pears and inserting ‘‘part D of title V’’. 


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1 TITLE X—COMMISSION ON EF2 FECTIVE REGULATION AND 

3 ASSESSMENT SYSTEMS FOR 

4 PUBLIC SCHOOLS 

5 SEC. 10011. SHORT TITLE. 

6 This title may be cited as the ‘‘Commission on Effec7 tive Regulation and Assessment Systems for Public 

8 Schools Act’’. 

9 SEC. 10012. DEFINITIONS. 

10 In this title: 

11 (1) CHAIRPERSON.—The term ‘‘Chairperson’’ 

12 means the Chairperson of the Commission. 

13 (2) COMMISSION.—The term ‘‘Commission’’ 

14 means the Commission on Effective Regulation and 

15 Assessment Systems for Public Schools. 

16 SEC. 10013. ESTABLISHMENT OF COMMISSION ON EFFEC17 TIVE REGULATION AND ASSESSMENT SYS18 TEMS FOR PUBLIC SCHOOLS. 

19 (a) IN GENERAL.—Not later than 30 days after the 

20 date of enactment of this Act, the Secretary shall establish 

21 a commission to be known as the ‘‘Commission on Effec22 tive Regulation and Assessment Systems for Public 

23 Schools’’. 

24 (b) PURPOSE.—The Commission shall— 


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1 (1) examine Federal, State, and local regulatory 

2 requirements on elementary and secondary edu3 cation; 

4 (2) make recommendations on how to align and 

5 improve such Federal, State, and local requirements 

6 to improve performance and innovation; 

7 (3) examine the quality and purpose of current 

8 Federal, State, and local assessment requirements; 

9 and 

10 (4) make recommendations to improve and 

11 align assessment systems to provide quality and 

12 meaningful information for parents, teachers, and 

13 students to improve student achievement, teacher 

14 performance, and innovation. 

15 (c) MEMBERSHIP.— 

16 (1) COMPOSITION.—The Commission shall be 

17 composed of— 

18 (A) 4 Governors; 

19 (B) 6 State legislators; 

20 (C) 2 Chief State school officers; 

21 (D) 2 State officials responsible for admin22 istering Federal education programs; 

23 (E) 4 superintendents; 

24 (F) 2 principals; 

25 (G) 2 teachers; 


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1 (H) 2 assessment experts; and 

2 (I) 2 teacher and principal effectiveness ex3 perts. 

4 (2) RECOMMENDATIONS.—The Secretary shall 

5 solicit input and nominations for appointing mem6 bers of the Commission from— 

7 (A) Governors; 

8 (B) members of Congress; 

9 (C) State legislators; 

10 (D) superintendents, principals, teachers, 

11 and other members of the education commu12 nity; and 

13 (E) parents, students, and other members 

14 of the general public. 

15 (3) DETERMINATION.—The Secretary shall de16 termine the membership of the Commission after 

17 considering recommendations submitted under para18 graph (2). 

19 (d) CHAIRPERSON.—The Secretary shall designate a 

20 Governor as the Chairperson of the Commission. 

21 (e) MEETINGS.—The Commission shall hold, at the 

22 call of the Chairperson, not less than 1 meeting every 6 

23 months. All such meetings shall be open to the public. The 

24 Commission may hold, at the call of the Chairperson, such 


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1 other meetings as the Chairperson sees fit to carry out 

2 this title. 

3 (f) QUORUM.—A majority of the members of the 

4 Commission shall constitute a quorum, but a lesser num5 ber of members may hold hearings. 

6 (g) INITIAL MEETING.—The Commission shall hold 

7 its first meeting not later than 60 days after the date of 

8 enactment of this Act. 

9 SEC. 10014. POWERS OF THE COMMISSION. 

10 (a) HEARINGS.— 

11 (1) IN GENERAL.—The Commission shall hold 

12 such hearings, sit and act at such times and places, 

13 take such testimony, and receive such evidence as 

14 the Commission determines appropriate to carry out 

15 this title. 

16 (2) PARTICIPATION.—In hearings held under 

17 this subsection, the Commission shall consider invit18 ing witnesses from, among other groups— 

19 (A) teachers; 

20 (B) parents; 

21 (C) principals; 

22 (D) superintendents; 

23 (E) Federal, State, and local educational 

24 agency personnel; 

25 (F) researchers and other experts; and 


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1 (G) any other individuals determined ap2 propriate by the Commission. 

3 (b) INFORMATION FROM FEDERAL AGENCIES.—The 

4 Commission may secure directly from any Federal depart5 ment or agency such information as the Commission con6 siders necessary to carry out this title. Upon request of 

7 the Chairperson, the head of such department or agency 

8 shall furnish such information to the Commission. 

9 SEC. 10015. DUTIES OF THE COMMISSION. 

10 (a) DUTIES.— 

11 (1) IN GENERAL.—The Commission shall take 

12 such actions as it determines necessary to gain a full 

13 understanding of the issues of effective regulation 

14 and assessment systems for public schools. 

15 (2) AREAS OF EMPHASIS.—The Commission 

16 shall focus— 

17 (A) in examining the over-regulation of 

18 public schools, on— 

19 (i) examining Federal, State, and 

20 local regulations governing public schools; 

21 (ii) differentiating between financial, 

22 programmatic, general education, special 

23 education, and civil rights requirements; 

24 (iii) identifying which government en25 tity requires each regulation; 


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1 (iv) measuring the cost of compliance 

2 in terms of funds spent on compliance and 

3 time in hours and personnel; 

4 (v) identifying duplicative, redundant, 

5 or unnecessary regulations at each govern6 mental level; and 

7 (vi) investigating how Federal, State, 

8 and local interpretations of laws and regu9 lations create an additional or unnecessary 

10 burden and are used as a rationale for im11 posing requirements that are not actually 

12 mandated by law; and 

13 (B) in examining the effective testing of 

14 public schools, on— 

15 (i) examining Federal, State, and 

16 local testing and standardized assessment 

17 requirements for public elementary schools, 

18 middle schools, and high schools; 

19 (ii) determining the purpose and in20 tent of each such test or assessment, in21 cluding whether it is intended to measure 

22 student achievement and growth, teacher 

23 and principal effectiveness, or system ac24 countability; 


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1 (iii) determining the frequency, 

2 length, and scheduling of such tests and 

3 assessments, and measuring, in hours and 

4 days, the student and teacher time spent 

5 on testing; 

6 (iv) examining standardized assess7 ments required by Federal, State, or local 

8 requirements, excluding teacher-created 

9 tests and quizzes and formative assess10 ments; 

11 (v) reporting on the quality of stand12 ardized assessments; 

13 (vi) examining reporting practices of 

14 test results and the degree to which such 

15 results are returned in a timely manner 

16 with sufficient quality to be useful to par17 ents, teachers and principals, and students 

18 to inform and improve their work, includ19 ing targeting instruction to student needs, 

20 grading student work, and evaluating 

21 teacher and principal effectiveness; 

22 (vii) analyzing the ability of quality 

23 assessments to measure whether a student 

24 is prepared to graduate from high school 


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1 and pursue college or a career without the 

2 need for academic remediation; 

3 (viii) examining what factors most 

4 contribute to quality assessments and the 

5 extent to which high-quality assessments 

6 can advance student learning; 

7 (ix) determining the technology infra8 structure required for next generation as9 sessments; and 

10 (x) identifying opportunities to im11 prove assessment practices to better pro12 mote parent, teacher and principal, and 

13 student understanding of progress toward 

14 college and career readiness and public un15 derstanding of school performance and 

16 educational productivity. 

17 (3) SAMPLES.—In conducting its work under 

18 this title, the Commission may rely on samples of 

19 States and local educational agencies for examples of 

20 regulations and testing requirements. 

21 (b) REPORTS.— 

22 (1) IN GENERAL.—Subject to paragraph (2), 

23 the Commission shall provide regular reports in a 

24 manner and form of the Commission’s choosing to— 

25 (A) the Secretary; and 


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1 (B) the members of the authorizing com2 mittees. 

3 (2) ANNUAL REPORT.—Not later than 1 year 

4 after the date of the first meeting of the Commis5 sion, and annually thereafter, the Commission shall 

6 issue a report to— 

7 (A) the Secretary; and 

8 (B) the members of the authorizing com9 mittees. 

10 (3) PUBLIC REPORT.—The Commission shall— 

11 (A) prepare a report— 

12 (i) analyzing findings of the Commis13 sion; and 

14 (ii) making recommendations for Fed15 eral, State, and local policy makers; and 

16 (B) broadly disseminate such report to the 

17 general public. 

18 (c) TESTIMONY.—The Chairperson shall annually 

19 provide testimony to the authorizing committees. 

20 SEC. 10016. COMMISSION PERSONNEL MATTERS. 

21 (a) COMPENSATION OF MEMBERS.—Each member of 

22 the Commission shall serve without compensation in addi23 tion to any such compensation received for the member’s 

24 service as an officer or employee of the United States, if 

25 applicable. 


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1 (b) TRAVEL EXPENSES.—The members of the Com2 mission shall be allowed travel expenses, including per 

3 diem in lieu of subsistence, at rates authorized for employ4 ees of agencies under subchapter 1 of chapter 57 of title 

5 5, United States Code, while away from their homes or 

6 regular places of business in the performance of services 

7 for the Commission. 

8 (c) ASSISTANCE.— 

9 (1) IN GENERAL.—The Assistant Secretary of 

10 Elementary and Secondary Education shall provide 

11 assistance to the Commission, upon request of the 

12 Commission, without reimbursement. 

13 (2) DETAIL OF GOVERNMENT EMPLOYEES.— 

14 Any Federal Government employee may be detailed 

15 to the Commission without reimbursement, and such 

16 detail shall be without interruption or loss of civil 

17 service status or privilege. 

18 TITLE XI—AMENDMENTS TO 

19 OTHER LAWS; MISCELLA20 NEOUS PROVISIONS 

21 PART A—AMENDMENTS TO OTHER LAWS 

22 Subpart 1—McKinney-Vento Homeless Assistance Act 

23 SEC. 11011. SHORT TITLE. 

24 This subpart may be cited as the ‘‘McKinney-Vento 

25 Homeless Education Reauthorization Act of 2011’’. 


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1 SEC. 11012. EDUCATION FOR HOMELESS CHILDREN AND 

2 YOUTH. 

3 Subtitle B of title VII of the McKinney-Vento Home4 less Assistance Act (42 U.S.C. 11431 et seq.) is amended 

5 to read as follows: 

6 ‘‘Subtitle B—Education for 

7 Homeless Children and Youth 

8 ‘‘SEC. 721. STATEMENT OF POLICY. 

9 ‘‘The following is the policy of Congress: 

10 ‘‘(1) Each State shall ensure that each home11 less child and youth has access to the same free ap12 propriate public education, including a public pre13 school education, as is provided to other children 

14 and youth. 

15 ‘‘(2) In any State where compulsory residency 

16 requirements or other requirements of laws, regula17 tions, practices, or policies may act as a barrier to 

18 the identification, enrollment, attendance, or success 

19 in school of homeless children and youth, the State 

20 shall review and revise such laws, regulations, prac21 tices, or policies to ensure that homeless children 

22 and youth are afforded the same free appropriate 

23 public education as is provided to other children and 

24 youth. 


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1 ‘‘(3) Homelessness is not a sufficient reason to 

2 separate students from the mainstream school envi3 ronment. 

4 ‘‘(4) Homeless children and youth shall have 

5 access to the education and other services that such 

6 children and youth need to ensure that such children 

7 and youth have an opportunity to meet the same col8 lege and career ready State student academic 

9 achievement standards to which all students are 

10 held. 

11 ‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 

12 THE EDUCATION OF HOMELESS CHILDREN 

13 AND YOUTH. 

14 ‘‘(a) GENERAL AUTHORITY.—The Secretary is au15 thorized to make grants to States from allotments made 

16 under subsection (c) and in accordance with this section 

17 to enable such States to carry out the activities described 

18 in subsections (d) through (h). 

19 ‘‘(b) APPLICATION.—In order for a State to be eligi20 ble to receive a grant under this section, the State edu21 cational agency, in consultation with other relevant State 

22 agencies, shall submit an application to the Secretary at 

23 such time, in such manner, and containing or accompanied 

24 by such information as the Secretary may reasonably re25 quire. 


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1 ‘‘(c) ALLOCATION AND RESERVATIONS.— 

2 ‘‘(1) ALLOCATION.— 

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (C), the Secretary is authorized to allot 

5 to each State an amount that bears the same 

6 ratio to the amount appropriated for such year 

7 under section 726 that remains after the Sec8 retary reserves funds under paragraph (2) and 

9 uses funds to carry out section 724 (d) and (h), 

10 as the amount allocated under section 1122 of 

11 the Elementary and Secondary Education Act 

12 of 1965 (20 U.S.C. 6332) to the State for that 

13 year bears to the total amount allocated under 

14 section 1122 of such Act to all States for that 

15 year, except as provided in subparagraph (B). 

16 ‘‘(B) MINIMUM ALLOTMENTS.—No State 

17 shall receive for a fiscal year less under this 

18 paragraph than the greater of— 

19 ‘‘(i) $150,000; or 

20 ‘‘(ii) an amount that bears the same 

21 ratio to the amount appropriated for such 

22 year under section 726 that remains after 

23 the Secretary reserves funds under para24 graph (2) and uses funds to carry out sec25 tion 724 (d) and (h), as the amount the 


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1 State received under this paragraph for the 

2 preceding fiscal year bears to the total 

3 amount received by all States under this 

4 paragraph for the preceding fiscal year. 

5 ‘‘(C) REDUCTION FOR INSUFFICIENT

6 FUNDS.—If there are insufficient funds in a fis7 cal year to allot to each State the minimum 

8 amount under subparagraph (B), the Secretary 

9 shall ratably reduce the allotments to all States 

10 based on the proportionate share that each 

11 State received under this subsection for the pre12 ceding fiscal year. 

13 ‘‘(2) RESERVATIONS.— 

14 ‘‘(A) STUDENTS IN TERRITORIES.—The 

15 Secretary is authorized to reserve 0.1 percent of 

16 the amount appropriated for each fiscal year 

17 under section 726 to be allocated by the Sec18 retary among the United States Virgin Islands, 

19 Guam, American Samoa, and the Common20 wealth of the Northern Mariana Islands, ac21 cording to their respective need for assistance 

22 under this subtitle, as determined by the Sec23 retary. Funds allocated under this subpara24 graph shall be used for programs that are conVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00918 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 sistent with the purposes of the programs de2 scribed in this subtitle. 

3 ‘‘(B) INDIAN STUDENTS.— 

4 ‘‘(i) TRANSFER.—The Secretary shall 

5 transfer 1 percent of the amount appro6 priated for each fiscal year under section 

7 726 to the Department of the Interior for 

8 programs that are for Indian students 

9 served by schools funded by the Secretary 

10 of the Interior, as determined under the 

11 Indian Self-Determination and Education 

12 Assistance Act (25 U.S.C. 450 et seq.), 

13 and that are consistent with the purposes 

14 of the programs described in this subtitle. 

15 ‘‘(ii) AGREEMENT.—The Secretary of 

16 Education and the Secretary of the Inte17 rior shall enter into an agreement, con18 sistent with the requirements of this sub19 title, for the distribution and use of the 

20 funds described in clause (i) under terms 

21 that the Secretary of Education determines 

22 best meet the purposes of the programs de23 scribed in this subtitle. Such agreement 

24 shall set forth the plans of the Secretary of 

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1 ferred, including appropriate goals, objec2 tives, and milestones for that use. 

3 ‘‘(d) STATE ACTIVITIES.—Grant funds from a grant 

4 made to a State under this section shall be used for the 

5 following: 

6 ‘‘(1) To provide activities for and services to 

7 improve the identification of homeless children and 

8 youth and enable such children and youth to enroll 

9 in, attend, and succeed in school. 

10 ‘‘(2) To establish or designate an Office of the 

11 Coordinator for Education of Homeless Children and 

12 Youth in the State educational agency in accordance 

13 with subsection (f) that has sufficient knowledge, 

14 authority, and time to carry out the duties described 

15 in this subtitle. 

16 ‘‘(3) To prepare and carry out the duties de17 scribed in subsection (f) in the State plan described 

18 in subsection (g). 

19 ‘‘(4) To develop and implement professional de20 velopment activities for liaisons designated under 

21 subsection (g)(1)(J)(ii), other local educational agen22 cy and school personnel, and community agencies— 

23 ‘‘(A) to improve their identification of 

24 homeless children and youth; and 


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1 ‘‘(B) to improve their awareness of, and 

2 capacity to respond to, specific needs in the 

3 education of homeless children and youth. 

4 ‘‘(e) STATE AND LOCAL SUBGRANTS.— 

5 ‘‘(1) MINIMUM DISBURSEMENTS BY STATES.— 

6 From the grant funds made available each year to 

7 a State under subsection (a) to carry out this sub8 title, the State educational agency— 

9 ‘‘(A) may use not more that 20 percent of 

10 the State’s allocation under subsection (c)(1) or 

11 $85,000, whichever amount is greater, for 

12 State-level activities; and 

13 ‘‘(B) shall use the remainder of the State’s 

14 allocation after using amounts for State-level 

15 activities under subparagraph (A) to award sub16 grants to local educational agencies for the pur17 poses of carrying out section 723. 

18 ‘‘(2) USE BY STATE EDUCATIONAL AGENCY.— 

19 A State educational agency may use funds for State20 level activities made available under paragraph 

21 (1)(A) to conduct activities under subsection (f) di22 rectly or through grants or contracts. 

23 ‘‘(3) PROHIBITION ON SEGREGATING HOMELESS

24 STUDENTS.— 


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

2 subparagraph (B), in providing a free public 

3 education to a homeless child or youth, no State 

4 receiving funds under this subtitle shall seg5 regate such child or youth in a separate school, 

6 or in a separate program within a school, based 

7 on such child’s or youth’s status as homeless. 

8 ‘‘(B) EXCEPTION.—Notwithstanding sub9 paragraph (A), paragraphs (1)(J)(i) and (3) of 

10 subsection (g), section 723(a)(2), and any other 

11 provision of this subtitle relating to the place12 ment of homeless children or youths in schools, 

13 a State that has a separate school for homeless 

14 children or youths that was operated in fiscal 

15 year 2000 in a covered county shall be eligible 

16 to receive funds under this subtitle for pro17 grams carried out in such school if— 

18 ‘‘(i) the school meets the requirements 

19 of subparagraph (C); 

20 ‘‘(ii) any local educational agency 

21 serving a school that the homeless children 

22 and youths enrolled in the separate school 

23 are eligible to attend meets the require24 ments of subparagraph (E); and 


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1 ‘‘(iii) the State is otherwise eligible to 

2 receive funds under this subtitle. 

3 ‘‘(C) SCHOOL REQUIREMENTS.—For the 

4 State to be eligible under subparagraph (B) to 

5 receive funds under this subtitle, the school de6 scribed in such subparagraph shall— 

7 ‘‘(i) provide written notice, at the time 

8 any child or youth seeks enrollment in such 

9 school, and at least twice annually while 

10 the child or youth is enrolled in such 

11 school, to the parent or guardian of the 

12 child or youth (or, in the case of an unac13 companied youth, the youth) that— 

14 ‘‘(I) shall be signed by the parent 

15 or guardian (or, in the case of an un16 accompanied youth, the youth); 

17 ‘‘(II) sets forth the general rights 

18 provided under this subtitle; 

19 ‘‘(III) specifically states— 

20 ‘‘(aa) the choice of schools 

21 homeless children and youths are 

22 eligible to attend, as provided in 

23 subsection (g)(4)(A); 

24 ‘‘(bb) that no homeless child 

25 or youth is required to attend a 


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1 separate school for homeless chil2 dren or youths; 

3 ‘‘(cc) that homeless children 

4 and youths shall be provided 

5 comparable services described in 

6 subsection (g)(5), including 

7 transportation services, edu8 cational services, and meals 

9 through school meals programs; 

10 and 

11 ‘‘(dd) that homeless children 

12 and youths should not be stig13 matized by school personnel; and 

14 ‘‘(IV) provides contact informa15 tion for the local liaison for homeless 

16 children and youths and the State Co17 ordinator for Education of Homeless 

18 Children and Youths; 

19 ‘‘(ii)(I) provide assistance to the par20 ent or guardian of each homeless child or 

21 youth (or, in the case of an unaccompanied 

22 youth, the youth) to exercise the right to 

23 attend the parent’s or guardian’s (or 

24 youth’s) choice of schools, as provided in 

25 subsection (g)(4)(A); and 


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1 ‘‘(II) coordinate with the local edu2 cational agency with jurisdiction for the 

3 school selected by the parent or guardian 

4 (or youth), to provide transportation and 

5 other necessary services; 

6 ‘‘(iii) ensure that the parent or guard7 ian (or, in the case of an unaccompanied 

8 youth, the youth) shall receive the informa9 tion required by this subparagraph in a 

10 manner and form understandable to such 

11 parent or guardian (or youth), including, if 

12 necessary and to the extent feasible, in the 

13 native language of such parent or guardian 

14 (or youth); and 

15 ‘‘(iv) demonstrate in the school’s ap16 plication for funds under this subtitle that 

17 such school— 

18 ‘‘(I) is complying with clauses (i) 

19 and (ii); and 

20 ‘‘(II) is meeting (as of the date 

21 of submission of the application) the 

22 same Federal and State standards, 

23 regulations, and mandates as other 

24 public schools in the State (such as 

25 complying with sections 1111 and 


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1 1116 of the Elementary and Sec2 ondary Education Act of 1965 and 

3 providing a full range of education 

4 and related services, including services 

5 applicable to students with disabil6 ities). 

7 ‘‘(D) SCHOOL INELIGIBILITY.—A separate 

8 school described in subparagraph (B) that fails 

9 to meet the standards, regulations, and man10 dates described in subparagraph (C)(iv)(II) 

11 shall not be eligible to receive funds under this 

12 subtitle for programs carried out in such school 

13 after the first date of such failure. 

14 ‘‘(E) LOCAL EDUCATIONAL AGENCY RE15 QUIREMENTS.—For the State to be eligible to 

16 receive the funds described in subparagraph 

17 (B), the local educational agency described in 

18 subparagraph (B)(ii) shall— 

19 ‘‘(i) implement a coordinated system 

20 for ensuring that homeless children and 

21 youths— 

22 ‘‘(I) are advised of the choice of 

23 schools provided in subsection 

24 (g)(4)(A); 


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1 ‘‘(II) are immediately enrolled, in 

2 accordance with subsection (g)(4)(C), 

3 in the school selected under subsection 

4 (g)(4)(A); and 

5 ‘‘(III) are promptly provided nec6 essary services described in subsection 

7 (g)(5), including transportation, to 

8 allow homeless children and youths to 

9 exercise their choices of schools under 

10 subsection (g)(4)(A); 

11 ‘‘(ii) document that written notice has 

12 been provided— 

13 ‘‘(I) in accordance with subpara14 graph (C)(i) for each child or youth 

15 enrolled in a separate school under 

16 subparagraph (B); and 

17 ‘‘(II) in accordance with sub18 section (g)(7)(A)(vi); 

19 ‘‘(iii) prohibit schools within the agen20 cy’s jurisdiction from referring homeless 

21 children or youths to, or requiring home22 less children and youths to enroll in or at23 tend, a separate school described in sub24 paragraph (B); 


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1 ‘‘(iv) identify and remove any barriers 

2 that exist in schools within the agency’s ju3 risdiction that may have contributed to the 

4 creation or existence of separate schools 

5 described in subparagraph (B); and 

6 ‘‘(v) not use funds received under this 

7 subtitle to establish— 

8 ‘‘(I) new or additional separate 

9 schools for homeless children or 

10 youths; or 

11 ‘‘(II) new or additional sites for 

12 separate schools for homeless children 

13 or youths, other than the sites occu14 pied by the schools described in sub15 paragraph (B) in fiscal year 2000. 

16 ‘‘(F) REPORT.— 

17 ‘‘(i) PREPARATION.—The Secretary 

18 shall prepare a report on the separate 

19 schools and local educational agencies de20 scribed in subparagraph (B) that receive 

21 funds under this subtitle in accordance 

22 with this paragraph. The report shall con23 tain, at a minimum, information on— 

24 ‘‘(I) compliance with all require25 ments of this paragraph; 


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1 ‘‘(II) barriers to school access in 

2 the school districts served by the local 

3 educational agencies; and 

4 ‘‘(III) the progress the separate 

5 schools are making in integrating 

6 homeless children and youths into the 

7 mainstream school environment, in8 cluding the average length of student 

9 enrollment in such schools. 

10 ‘‘(ii) COMPLIANCE WITH INFORMA11 TION REQUESTS.—For purposes of ena12 bling the Secretary to prepare the report, 

13 the separate schools and local educational 

14 agencies shall cooperate with the Secretary 

15 and the State Coordinator for Education 

16 of Homeless Children and Youths estab17 lished in the State under subsection (d)(2), 

18 and shall comply with any requests for in19 formation by the Secretary and State Co20 ordinator for such State. 

21 ‘‘(iii) SUBMISSION.—The Secretary 

22 shall submit the report described in clause 

23 (i) to— 

24 ‘‘(I) the President; 


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1 ‘‘(II) the Committee on Edu2 cation and the Workforce of the 

3 House of Representatives; and 

4 ‘‘(III) the Committee on Health, 

5 Education, Labor, and Pensions of 

6 the Senate. 

7 ‘‘(G) DEFINITION.—For purposes of this 

8 paragraph, the term ‘covered county’ means— 

9 ‘‘(i) San Joaquin County, California; 

10 ‘‘(ii) Orange County, California; 

11 ‘‘(iii) San Diego County, California; 

12 and 

13 ‘‘(iv) Maricopa County, Arizona. 

14 ‘‘(f) FUNCTIONS OF THE OFFICE OF THE COORDI15 NATOR.—The Coordinator for Education of Homeless 

16 Children and Youth established in each State shall— 

17 ‘‘(1) gather and make publicly available reliable, 

18 valid, and comprehensive information on— 

19 ‘‘(A) the nature and extent of the problems 

20 homeless children and youth have in gaining ac21 cess to public preschool programs, and to public 

22 elementary schools and secondary schools; 

23 ‘‘(B) the difficulties in identifying the spe24 cial needs and barriers to participation and 

25 achievement of such children and youth; 


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1 ‘‘(C) any progress made by the State edu2 cational agency and local educational agencies 

3 in the State in addressing such problems and 

4 difficulties; and 

5 ‘‘(D) the success of the programs under 

6 this subtitle in identifying homeless children 

7 and youth and allowing homeless children and 

8 youth to enroll in, attend, and succeed in, 

9 school; and 

10 ‘‘(2) develop and carry out the State plan de11 scribed in subsection (g); 

12 ‘‘(3) collect data for and transmit to the Sec13 retary, at such time and in such manner as the Sec14 retary may require, reports containing such informa15 tion as the Secretary determines is necessary to as16 sess the educational needs of homeless children and 

17 youth within the State, including data requested 

18 pursuant to subsection (h) of section 724; 

19 ‘‘(4) improve the provision of comprehensive 

20 education and related support services to homeless 

21 children and youth and their families, and to mini22 mize educational disruption, through coordination of 

23 activities, and collaboration with— 


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1 ‘‘(A) educators, including teachers, admin2 istrators, special education personnel, and child 

3 development and preschool program personnel; 

4 ‘‘(B) providers of services to homeless chil5 dren and youth and homeless families, public 

6 and private child welfare and social services 

7 agencies, law enforcement agencies, juvenile and 

8 family courts, agencies providing mental health 

9 services, domestic violence agencies, child care 

10 providers, runaway and homeless youth centers, 

11 and providers of services and programs funded 

12 under the Runaway and Homeless Youth Act 

13 (42 U.S.C. 5701 et seq.); 

14 ‘‘(C) providers of emergency, transitional, 

15 and permanent housing to homeless children 

16 and youth, and their families, including public 

17 housing agencies, shelter operators, operators of 

18 transitional housing facilities, and providers of 

19 transitional living programs for homeless youth; 

20 ‘‘(D) local educational agency liaisons des21 ignated under subsection (g)(1)(J)(ii) for home22 less children and youth; and 

23 ‘‘(E) community organizations and groups 

24 representing homeless children and youth and 

25 their families; 


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1 ‘‘(5) provide professional development and tech2 nical assistance to and conduct monitoring of local 

3 educational agencies, in coordination with local edu4 cational agency liaisons designated under subsection 

5 (g)(1)(J)(ii), to ensure that local educational agen6 cies comply with the requirements of paragraphs (3) 

7 through (7) of subsection (g), and subsection (h); 

8 and 

9 ‘‘(6) make opportunities available for teachers 

10 and local educational agency liaisons designated 

11 under subsection (g)(1)(J)(ii) to participate in ongo12 ing and relevant professional development programs 

13 and activities. 

14 ‘‘(g) STATE PLAN.— 

15 ‘‘(1) IN GENERAL.—Each State shall submit to 

16 the Secretary and implement a plan to provide for 

17 the education of all homeless children and youth 

18 within the State. Such plan shall include the fol19 lowing: 

20 ‘‘(A) A description of how such children 

21 and youth are (or will be) given the oppor22 tunity— 

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1 ment standards as all students are ex2 pected to meet; and 

3 ‘‘(ii) to become college and career 

4 ready. 

5 ‘‘(B) A description of the procedures the 

6 State educational agency will use, in coordina7 tion with local educational agencies, to identify 

8 such children and youth in the State and to as9 sess their needs. 

10 ‘‘(C) A description of procedures for the 

11 prompt resolution of disputes arising under this 

12 subtitle, which shall— 

13 ‘‘(i) be developed in coordination and 

14 collaboration with the liaisons designated 

15 under subparagraph (J)(ii); 

16 ‘‘(ii) be readily available and provided 

17 in a written format and, to the extent 

18 practicable, in a manner and form under19 standable to the parents and guardians of 

20 homeless children and youth; 

21 ‘‘(iii) take into account the edu22 cational best interest of the homeless child 

23 or youth, or unaccompanied youth, in24 volved; and 


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1 ‘‘(iv) ensure that parents and guard2 ians of homeless children and youth, and 

3 unaccompanied youth, who have exhausted 

4 the procedures available under this para5 graph are able to appeal to the State edu6 cational agency, and are enrolled in school 

7 pursuant to paragraph (4)(C) and receive 

8 transportation pursuant to subparagraph 

9 (J)(iii) pending final resolution of the dis10 pute. 

11 ‘‘(D) A description of programs for school 

12 personnel (including the liaisons, principals, at13 tendance officers, teachers, enrollment per14 sonnel, and specialized instructional support 

15 personnel) to increase the awareness of such 

16 personnel of the specific needs of homeless ado17 lescents, including runaway and homeless 

18 youth. 

19 ‘‘(E) A description of procedures that en20 sure that homeless children and youth are able 

21 to participate in Federal, State, or local nutri22 tion programs. 

23 ‘‘(F) A description of procedures that en24 sure that— 


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1 ‘‘(i) homeless children have access to 

2 public preschool programs, administered by 

3 the State educational agency or local edu4 cational agency, including through the poli5 cies and practices required under para6 graph (3); 

7 ‘‘(ii) homeless youth, including youth 

8 separated from public schools, are identi9 fied and accorded equal access to appro10 priate and available secondary education 

11 and support services, including receiving 

12 appropriate credit for full or partial 

13 coursework satisfactorily completed while 

14 attending a prior school, and for work 

15 completed after their enrollment in a new 

16 school, consistent with State graduation re17 quirements and accreditation standards; 

18 and 

19 ‘‘(iii) homeless children and youth 

20 who meet the relevant eligibility criteria 

21 are able to participate in Federal, State, or 

22 local before- and after-school care, magnet 

23 schools, summer schools, career and tech24 nical education, advanced placement, on25 line learning opportunities, charter school 


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1 programs, and relevant workforce invest2 ment programs. 

3 ‘‘(G) Strategies to address problems identi4 fied in the reports provided to the Secretary 

5 under subsection (f)(3). 

6 ‘‘(H) Strategies to address other problems 

7 with respect to the education of homeless chil8 dren and youth, including enrollment problems 

9 related to— 

10 ‘‘(i) immunization and other required 

11 health records and screenings; 

12 ‘‘(ii) residency requirements; 

13 ‘‘(iii) lack of birth certificates, school 

14 records, or other documentation; 

15 ‘‘(iv) guardianship issues; or 

16 ‘‘(v) uniform or dress code require17 ments. 

18 ‘‘(I) A demonstration that the State edu19 cational agency, and local educational agencies 

20 and schools in the State, have developed and 

21 shall regularly review and revise their policies 

22 and practices to remove barriers to the identi23 fication, enrollment, attendance, retention, and 

24 success of homeless children and youth in 

25 schools in the State. 


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1 ‘‘(J) Assurances that the following will be 

2 carried out: 

3 ‘‘(i) The State educational agency and 

4 local educational agencies in the State will 

5 adopt policies and practices to ensure that 

6 homeless children and youth are not stig7 matized or segregated on the basis of their 

8 status as homeless. 

9 ‘‘(ii) Local educational agencies will 

10 designate an appropriate staff person as 

11 the local educational agency liaison for 

12 homeless children and youth, who shall 

13 have sufficient training and time to carry 

14 out the duties described in paragraph 

15 (7)(A), and who may also be a coordinator 

16 for other Federal programs. 

17 ‘‘(iii) The State and local educational 

18 agencies in the State will adopt policies 

19 and practices to ensure that transportation 

20 is provided at the request of the parent or 

21 guardian involved (or in the case of an un22 accompanied youth, the liaison), to and 

23 from the school of origin, for as long as 

24 the student has the right to attend the 

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1 graph (4)(A), in accordance with the fol2 lowing, as applicable: 

3 ‘‘(I) If the child or youth con4 tinues to live in the area served by the 

5 local educational agency for the school 

6 of origin, the child’s or youth’s trans7 portation to and from the school of 

8 origin shall be provided or arranged 

9 by the local educational agency for the 

10 school of origin. 

11 ‘‘(II) If the child’s or youth’s liv12 ing arrangements in the area served 

13 by the local educational agency of ori14 gin terminate and the child or youth, 

15 though continuing the child’s or 

16 youth’s education in the school of ori17 gin, begins living in an area served by 

18 another local educational agency, the 

19 local educational agency of origin and 

20 the local educational agency for the 

21 area in which the child or youth is liv22 ing shall agree upon a method to ap23 portion the responsibility and cost for 

24 providing transportation to and from 

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1 cational agencies are unable to agree 

2 upon such method, the responsibility 

3 and costs for transportation shall be 

4 shared equally between the agencies. 

5 ‘‘(iv) SCHOOL SUCCESS.—The State 

6 educational agency and local educational 

7 agencies will adopt policies and practices to 

8 promote school success for homeless chil9 dren and youth, including access to full 

10 participation in academic and extra11 curricular activities that are made available 

12 to non-homeless students. 

13 ‘‘(2) COMPLIANCE.— 

14 ‘‘(A) IN GENERAL.—Each plan adopted 

15 under this subsection shall also describe how 

16 the State will ensure that local educational 

17 agencies in the State will comply with the re18 quirements of paragraphs (3) through (7). 

19 ‘‘(B) COORDINATION.—Such plan shall in20 dicate what technical assistance the State will 

21 furnish to local educational agencies and how 

22 compliance efforts will be coordinated with the 

23 local educational agency liaisons designated 

24 under paragraph (1)(J)(ii). 


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1 ‘‘(3) SCHOOL READINESS FOR HOMELESS CHIL2 DREN.—Each State plan adopted under this sub3 section shall ensure that entities carrying out pre4 school programs funded, administered, or overseen 

5 by the agency involved— 

6 ‘‘(A) shall not be required to enroll a 

7 homeless child immediately in an early learning 

8 program that is operating at full capacity when 

9 the child seeks to enroll; 

10 ‘‘(B) identify and prioritize homeless chil11 dren for enrollment and increase their enroll12 ment and attendance in early learning pro13 grams, including through policies such as— 

14 ‘‘(i) reserving spaces in preschool pro15 grams for homeless children; 

16 ‘‘(ii) conducting targeted outreach to 

17 homeless children and their families; 

18 ‘‘(iii) waiving application deadlines; 

19 ‘‘(iv) providing ongoing professional 

20 development for staff regarding the needs 

21 of homeless children and their families and 

22 strategies to serve the children and fami23 lies; and 

24 ‘‘(v) developing the capacity to serve 

25 all identified homeless children; and 


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1 ‘‘(C) review the educational and related 

2 needs of homeless children and their families in 

3 such agency’s service area, in coordination with 

4 the liaison designated under paragraph 

5 (1)(J)(ii). 

6 ‘‘(4) LOCAL EDUCATIONAL AGENCY REQUIRE7 MENTS.— 

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

9 agency serving each child or youth to be as10 sisted under this subtitle shall, according to the 

11 child’s or youth’s best interest— 

12 ‘‘(i) continue the child’s or youth’s 

13 education in the school of origin for the 

14 duration of homelessness— 

15 ‘‘(I) in any case in which the 

16 child or youth becomes a homeless 

17 child or youth between academic years 

18 or during an academic year; and 

19 ‘‘(II) for the remainder of the 

20 academic year, if the child or youth 

21 becomes permanently housed during 

22 an academic year; or 

23 ‘‘(ii) enroll the child or youth in any 

24 public school that nonhomeless students 

25 who live in the attendance area in which 


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1 the child or youth is actually living are eli2 gible to attend. 

3 ‘‘(B) BEST INTEREST IN SCHOOL STA4 BILITY.—In determining the best interest of the 

5 child or youth under subparagraph (A), the 

6 local educational agency shall— 

7 ‘‘(i) presume that keeping a homeless 

8 child or youth in the school of origin is in 

9 the child’s or youth’s best interest, except 

10 when doing so is contrary to the wishes of 

11 the child’s or youth’s parent or guardian; 

12 ‘‘(ii) consider student-centered factors 

13 related to the child’s or youth’s best inter14 est, including factors related to the impact 

15 of mobility on achievement, education, 

16 health, and safety of homeless children and 

17 youth, giving priority to the wishes of the 

18 homeless child’s or youth’s parent or 

19 guardian or the unaccompanied youth in20 volved; 

21 ‘‘(iii) if, after conducting the best in22 terest determination described in clause 

23 (ii), the local educational agency deter24 mines that it is not in the child’s or 

25 youth’s best interest to attend the school of 


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1 origin or the school requested by the par2 ent, guardian, or unaccompanied youth, 

3 provide, in coordination with the local edu4 cation agency liaison, the homeless child’s 

5 or youth’s parent or guardian or the unac6 companied youth, with a written expla7 nation in a manner or form understandable 

8 to such parent, guardian, or youth, to the 

9 extent practicable, including a statement 

10 regarding the right to appeal under sub11 paragraph (E); 

12 ‘‘(iv) in the case of an unaccompanied 

13 youth, ensure that the local educational 

14 agency liaison assists in placement or en15 rollment decisions under this subpara16 graph, gives priority to the views of such 

17 unaccompanied youth, and provides notice 

18 to such youth of the right to appeal under 

19 subparagraph (E); and 

20 ‘‘(v) provide transportation pursuant 

21 to paragraphs (1)(J)(iii) and (4). 

22 ‘‘(C) ENROLLMENT.— 

23 ‘‘(i) ENROLLMENT.—The school se24 lected in accordance with this paragraph 


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1 shall immediately enroll the homeless child 

2 or youth, even if the child or youth— 

3 ‘‘(I) is unable to produce records 

4 traditionally required for enrollment, 

5 including previous academic records, 

6 health records, proof of residency or 

7 guardianship, or other documentation; 

8 ‘‘(II) has unpaid fines or fees 

9 from prior schools or is unable to pay 

10 fees in the school selected; or 

11 ‘‘(III) has missed application or 

12 enrollment deadlines during any pe13 riod of homelessness. 

14 ‘‘(ii) CONTACTING SCHOOL LAST AT15 TENDED.—The enrolling school shall im16 mediately contact the school last attended 

17 by the child or youth to obtain relevant 

18 academic and other records. 

19 ‘‘(iii) RELEVANT HEALTH RECORDS.— 

20 If the child or youth needs to obtain immu21 nizations or other required health records, 

22 the enrolling school shall immediately refer 

23 the parent or guardian of the child or 

24 youth, or the unaccompanied youth, to the 

25 local educational agency liaison designated 


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1 under paragraph (1)(J)(ii), who shall as2 sist in obtaining necessary immunizations 

3 or screenings, or immunization or other re4 quired health records in accordance with 

5 subparagraph (D). 

6 ‘‘(iv) NO LIABILITY.—Whenever the 

7 school selected enrolls an unaccompanied 

8 youth in accordance with this paragraph, 

9 no liability shall be imposed upon the 

10 school by reason of enrolling the youth 

11 without parent or guardian consent. 

12 ‘‘(D) RECORDS.—Any record ordinarily 

13 kept by the school, including immunizations or 

14 medical records, academic records, birth certifi15 cates, guardianship records, and evaluations for 

16 special services or programs, regarding each 

17 homeless child or youth shall be maintained— 

18 ‘‘(i) so that the records involved are 

19 available when a homeless child or youth 

20 enters a new school or school district, even 

21 if the child or youth owes fees or fines or 

22 did not withdraw from the previous school 

23 in conformance with local withdrawal pro24 cedures; and 


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1 ‘‘(ii) in a manner consistent with sec2 tion 444 of the General Education Provi3 sions Act (20 U.S.C. 1232g). 

4 ‘‘(E) DISPUTES.—If a dispute arises over 

5 eligibility, enrollment, school selection, or serv6 ice in a public school or public preschool, or any 

7 other issue relating to services under this sub8 title— 

9 ‘‘(i) in the case of a dispute relating 

10 to eligibility for enrollment or school selec11 tion, the child or youth shall be imme12 diately enrolled in the school in which en13 rollment is sought, pending final resolution 

14 of the dispute including all available ap15 peals; 

16 ‘‘(ii) the parent or guardian of the 

17 child or youth shall be provided with a 

18 written explanation of the school’s decision 

19 regarding eligibility for enrollment, school 

20 selection, or services, made by the school 

21 or the local educational agency, which shall 

22 include information about the right to ap23 peal the decision; 

24 ‘‘(iii) the child, youth, parent, or 

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1 cational agency liaison designated under 

2 paragraph (1)(J)(ii), who shall carry out 

3 the dispute resolution process as described 

4 in paragraph (1)(C) as expeditiously as 

5 possible after receiving notice of such dis6 pute; and 

7 ‘‘(iv) in the case of an unaccompanied 

8 youth, the liaison shall ensure that the 

9 youth is immediately enrolled in school 

10 pending resolution of such dispute. 

11 ‘‘(F) PLACEMENT CHOICE.—The choice re12 garding placement shall be made regardless of 

13 whether the child or youth involved lives with 

14 the homeless parents or has been temporarily 

15 placed elsewhere. 

16 ‘‘(G) SCHOOL OF ORIGIN DEFINED.—In 

17 this paragraph, the term ‘school of origin’ 

18 means the school that the child or youth at19 tended when permanently housed or the school 

20 in which the child or youth was last enrolled. 

21 ‘‘(H) CONTACT INFORMATION.—Nothing 

22 in this subtitle shall prohibit a local educational 

23 agency from requiring a parent or guardian of 

24 a homeless child to submit contact information. 


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1 ‘‘(I) PRIVACY.—Information about a home2 less child’s or youth’s living situation shall be 

3 treated as a student education record under 

4 section 444 of the General Education Provi5 sions Act (20 U.S.C. 1232g) and shall not be 

6 released to housing providers, employers, law 

7 enforcement personnel, or other persons or 

8 agencies not authorized to have such informa9 tion under section 99.31 of title 34, Code of 

10 Federal Regulations, paying particular atten11 tion to preventing disruption of the living situa12 tion of the child or youth and to supporting the 

13 safety of such children and youth who are sur14 vivors of domestic violence and unaccompanied 

15 youth. 

16 ‘‘(J) ACADEMIC ACHIEVEMENT.—The 

17 school selected in accordance with this para18 graph shall ensure that homeless children and 

19 youth have opportunities to meet the same col20 lege and career ready State student academic 

21 achievement standards to which other students 

22 are held, including implementing the policies 

23 and practices required by paragraph (1)(J)(iv). 

24 ‘‘(K) SCHOOL READINESS FOR HOMELESS

25 CHILDREN.—Each local educational agency 


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1 shall ensure school readiness for homeless chil2 dren as described in paragraph (3). 

3 ‘‘(5) COMPARABLE SERVICES.—In addition to 

4 receiving services provided for homeless children and 

5 youth under this subtitle or other Federal, State, or 

6 local laws, regulations, policies, or practices, each 

7 homeless child or youth to be assisted under this 

8 subtitle also shall be provided services comparable to 

9 services offered to other students in the school se10 lected under paragraph (4), including the following: 

11 ‘‘(A) Transportation services. 

12 ‘‘(B) Educational services for which the 

13 child or youth meets the eligibility criteria, in14 cluding services provided under title I of the El15 ementary and Secondary Education Act of 1965 

16 (20 U.S.C. 6301 et seq.), similar State or local 

17 programs, charter schools, magnet schools, edu18 cational programs for children with disabilities, 

19 and educational programs for students with 

20 limited English proficiency. 

21 ‘‘(C) Programs in career and technical 

22 education. 

23 ‘‘(D) Programs for gifted and talented stu24 dents. 

25 ‘‘(E) School nutrition programs. 


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1 ‘‘(F) Health and counseling services, as 

2 appropriate. 

3 ‘‘(6) COORDINATION.— 

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

5 agency shall coordinate— 

6 ‘‘(i) the provision of services under 

7 this subtitle with the services of local social 

8 services agencies and other agencies or en9 tities providing services to homeless chil10 dren and youth and their families, includ11 ing services and programs funded under 

12 the Runaway and Homeless Youth Act (42 

13 U.S.C. 5701 et seq.); and 

14 ‘‘(ii) transportation, transfer of school 

15 records, and other interdistrict activities, 

16 with other local educational agencies. 

17 ‘‘(B) HOUSING ASSISTANCE.—Each State 

18 educational agency and local educational agency 

19 that receives assistance under this subtitle shall 

20 coordinate, if applicable, with State and local 

21 housing agencies responsible for developing a 

22 comprehensive housing affordability strategy 

23 described in section 105 of the Cranston-Gon24 zalez National Affordable Housing Act (42 


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1 U.S.C. 12705) to minimize education disruption 

2 for children and youth who become homeless. 

3 ‘‘(C) COORDINATION PURPOSE.—The co4 ordination required under subparagraphs (A) 

5 and (B) shall be designed to— 

6 ‘‘(i) ensure that all homeless children 

7 and youth are identified within a reason8 able time frame; 

9 ‘‘(ii) ensure that homeless children 

10 and youth have access to and are in rea11 sonable proximity to available education 

12 and related support services; and 

13 ‘‘(iii) raise the awareness of school 

14 personnel and service providers of the ef15 fects of short-term stays in a shelter and 

16 other challenges associated with homeless17 ness. 

18 ‘‘(D) HOMELESS CHILDREN AND YOUTHS

19 WITH DISABILITIES.—For children and youth 

20 who are to be assisted both under this subtitle, 

21 and under the Individuals with Disabilities 

22 Education Act (20 U.S.C. 1400 et seq.) or sec23 tion 504 of the Rehabilitation Act of 1973 (29 

24 U.S.C. 794), each local educational agency shall 

25 coordinate the provision of services under this 


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1 subtitle with the provision of programs for chil2 dren with disabilities served by such local edu3 cational agency and other involved local edu4 cational agencies. 

5 ‘‘(7) LOCAL EDUCATIONAL AGENCY LIAISON.— 

6 ‘‘(A) DUTIES.—Each local educational 

7 agency liaison for homeless children and youth, 

8 designated under paragraph (1)(J)(ii), shall en9 sure that— 

10 ‘‘(i) all homeless children and youth 

11 are identified by school personnel and 

12 through outreach and coordination activi13 ties with other entities and agencies; 

14 ‘‘(ii) homeless children and youth are 

15 enrolled in, and have a full and equal op16 portunity to succeed in, schools of that 

17 local educational agency; 

18 ‘‘(iii) homeless families, and homeless 

19 children and youth, have access to edu20 cational services for which such families, 

21 children, and youth are eligible, including 

22 services through Head Start, Early Head 

23 Start, early intervention, and Even Start 

24 programs, and preschool programs de25 scribed in paragraph (3); 


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1 ‘‘(iv) homeless families, and homeless 

2 children and youth receive referrals to 

3 health care services, dental services, mental 

4 health and substance abuse services, hous5 ing services, and other appropriate serv6 ices; 

7 ‘‘(v) the parents or guardians of 

8 homeless children and youth are informed 

9 of the educational and related opportuni10 ties available to their children, including 

11 early learning opportunities, and are pro12 vided with meaningful opportunities to par13 ticipate in the education of their children; 

14 ‘‘(vi) public notice of the educational 

15 rights of homeless children and youth is in16 corporated into documents related to resi17 dency requirements or enrollment, provided 

18 upon school enrollment and withdrawal, 

19 posted on the local educational agency’s 

20 website, and disseminated in locations fre21 quented by parents or guardians of such 

22 children and youth, and unaccompanied 

23 youth, including schools, shelters, public li24 braries, and soup kitchens, in a manner 

25 and form understandable to parents and 


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1 guardians of homeless children and youth 

2 and unaccompanied youth; 

3 ‘‘(vii) disputes are resolved in accord4 ance with paragraph (4)(E); 

5 ‘‘(viii) the parent or guardian of a 

6 homeless child or youth, and any unaccom7 panied youth, is fully informed of all trans8 portation services, including transportation 

9 to the school of origin, as described in 

10 paragraph (1)(J)(iii), and is assisted in ac11 cessing transportation to the school that is 

12 selected under paragraph (4)(A); 

13 ‘‘(ix) school personnel are adequately 

14 prepared to implement this subtitle and re15 ceive professional development, resource 

16 materials, technical assistance, and other 

17 support; and 

18 ‘‘(x) unaccompanied youth— 

19 ‘‘(I) are enrolled in school; 

20 ‘‘(II) have opportunities to meet 

21 the same college and career ready 

22 State student academic achievement 

23 standards to which other students are 

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1 quired by subparagraphs (F)(ii) and 

2 (J)(iv) of paragraph (1); and 

3 ‘‘(III) are informed of their sta4 tus as independent students under 

5 section 480 of the Higher Education 

6 Act of 1965 (20 U.S.C. 1087vv), in7 cluding through school counselors that 

8 have received professional develop9 ment about unaccompanied youth, 

10 and receive verification of such status 

11 for purposes of the Free Application 

12 for Federal Student Aid described in 

13 section 483 of such Act (20 U.S.C. 

14 1090). 

15 ‘‘(B) NOTICE.—State Coordinators ap16 pointed under subsection (d)(3) and local edu17 cational agencies shall inform school personnel, 

18 service providers, and advocates working with 

19 homeless families and homeless children and 

20 youth of the contact information and duties of 

21 the local educational agency liaisons, including 

22 publishing an annually updated list of the liai23 sons on the State educational agency’s website. 

24 ‘‘(C) LOCAL AND STATE COORDINATION.— 

25 The local educational agency liaisons shall, as a 


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1 part of their duties, coordinate and collaborate 

2 with the State Coordinators and community 

3 and school personnel responsible for the provi4 sion of education and related support services 

5 to homeless children and youth. Such coordina6 tion shall include collecting and providing to the 

7 State Coordinator the reliable, valid, and com8 prehensive data needed to meet the require9 ments of paragraphs (1) and (3) of subsection 

10 (f). 

11 ‘‘(D) PROFESSIONAL DEVELOPMENT.—The 

12 local educational agency liaisons shall partici13 pate, as appropriate, in the professional devel14 opment and other technical assistance activities 

15 provided by the State Coordinator pursuant to 

16 subsection (f)(5). 

17 ‘‘(h) SPECIAL RULE FOR EMERGENCY ASSIST18 ANCE.— 

19 ‘‘(1) EMERGENCY ASSISTANCE.— 

20 ‘‘(A) RESERVATION OF AMOUNTS.—Sub21 ject to paragraph (4) and notwithstanding any 

22 other provision of this title, the Secretary shall 

23 use funds appropriated under section 726 for 

24 fiscal year 2012, for the purposes of providing 

25 emergency assistance through grants. 


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1 ‘‘(B) GENERAL AUTHORITY.—The Sec2 retary may use the funds to make grants to 

3 State educational agencies under paragraph (2), 

4 to enable the agencies to make subgrants to 

5 local educational agencies under paragraph (3), 

6 to provide activities described in section 723(d) 

7 for individuals referred to in subparagraph (C). 

8 ‘‘(C) ELIGIBLE INDIVIDUALS.—Funds 

9 made available under this subsection shall be 

10 used to provide such activities for eligible indi11 viduals, consisting of homeless children and 

12 youths, and their families, who— 

13 ‘‘(i) have become homeless due to 

14 home foreclosure, including children and 

15 youths, and their families, who became 

16 homeless when lenders foreclosed on prop17 erties rented by the families; or 

18 ‘‘(ii) have become homeless due to a 

19 major disaster, including natural disasters 

20 such as hurricanes, tornadoes, and floods, 

21 or man-made disasters such as acts of ter22 rorism. 

23 ‘‘(2) GRANTS TO STATE EDUCATIONAL AGEN24 CIES.— 


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1 ‘‘(A) DISBURSEMENT.—The Secretary 

2 shall make grants with funds provided under 

3 paragraph (1)(A) to State educational agencies 

4 based on need, consistent with the number of 

5 eligible individuals described in paragraph 

6 (1)(C) in the States involved, as determined by 

7 the Secretary. 

8 ‘‘(B) ASSURANCE.—To be eligible to re9 ceive a grant under this paragraph, a State 

10 educational agency shall provide an assurance 

11 to the Secretary that the State educational 

12 agency, and each local educational agency re13 ceiving a subgrant from the State educational 

14 agency under this subsection shall ensure that 

15 the activities carried out under this subsection 

16 are consistent with the activities described in 

17 section 723(d). 

18 ‘‘(3) SUBGRANTS TO LOCAL EDUCATIONAL

19 AGENCIES.—A State educational agency that re20 ceives a grant under paragraph (2) shall use the 

21 funds made available through the grant to make 

22 subgrants to local educational agencies. The State 

23 educational agency shall make the subgrants to local 

24 educational agencies based on need, consistent with 

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1 graph (1)(C) in the areas served by the local edu2 cational agencies, as determined by the State edu3 cational agency. 

4 ‘‘(4) RESTRICTION.—The Secretary— 

5 ‘‘(A) shall determine the amount (if any) 

6 by which the funds appropriated under section 

7 726 for fiscal year 2009 exceed $70,000,000; 

8 and 

9 ‘‘(B) may only use funds from that amount 

10 to carry out this subsection. 

11 ‘‘(i) SCHOOL READINESS FOR HOMELESS CHIL12 DREN.—Each State educational agency and local edu13 cational agency receiving assistance under this subtitle 

14 shall ensure that programs serving public preschool chil15 dren comply with the requirements of this subtitle. 

16 ‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 

17 THE EDUCATION OF HOMELESS CHILDREN 

18 AND YOUTH. 

19 ‘‘(a) GENERAL AUTHORITY.— 

20 ‘‘(1) IN GENERAL.—The State educational 

21 agency shall, in accordance with section 722(e), and 

22 from amounts made available to such agency under 

23 section 726, make subgrants to local educational 

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1 tion, enrollment, attendance, and success in school 

2 of homeless children and youth. 

3 ‘‘(2) SERVICES.— 

4 ‘‘(A) IN GENERAL.—Services under para5 graph (1)— 

6 ‘‘(i) may be provided through pro7 grams on school grounds or at other facili8 ties; and 

9 ‘‘(ii) shall, to the maximum extent 

10 practicable, be provided through existing 

11 programs and mechanisms that integrate 

12 homeless children and youth with non13 homeless children and youth. 

14 ‘‘(B) SERVICES ON SCHOOL GROUNDS.—If 

15 services under paragraph (1) are provided to 

16 homeless children and youth on school grounds, 

17 the school involved may use funds under this 

18 subtitle to provide the same services to other 

19 children and youth who are determined by the 

20 local educational agency serving the school to be 

21 at risk of failing in, or dropping out of, school. 

22 ‘‘(3) REQUIREMENT.—Services provided under 

23 this section shall not replace the regular academic 

24 program and shall be designed to expand upon or 


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1 improve services provided as part of the school’s reg2 ular academic program. 

3 ‘‘(4) DURATION OF GRANTS.—Subgrants 

4 awarded under this section shall be for terms of not 

5 to exceed 3 years. 

6 ‘‘(b) APPLICATION.—A local educational agency that 

7 desires to receive a subgrant under this section shall sub8 mit an application to the State educational agency at such 

9 time, in such manner, and containing or accompanied by 

10 such information as the State educational agency may rea11 sonably require. Such application shall include the fol12 lowing: 

13 ‘‘(1) An assessment of the educational and re14 lated needs of homeless children and youth in the 

15 area served by the local educational agency (which 

16 may be undertaken as part of a needs assessment 

17 for another disadvantaged group). 

18 ‘‘(2) A description of the services and programs 

19 for which assistance is sought to address the needs 

20 identified in paragraph (1). 

21 ‘‘(3) An assurance that the local educational 

22 agency’s combined fiscal effort per student, or the 

23 aggregate expenditures of that agency and the State 

24 with respect to the provision of free public education 

25 by such agency for the fiscal year preceding the fisVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00962 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 cal year for which the subgrant determination is 

2 made, was not less than 90 percent of such com3 bined fiscal effort or aggregate expenditures for the 

4 second fiscal year preceding the fiscal year for which 

5 the determination is made. 

6 ‘‘(4) An assurance that the applicant complies 

7 with, or will use requested funds to comply with, 

8 paragraphs (3) through (7) of section 722(g). 

9 ‘‘(5) A description of policies and procedures 

10 that the agency will implement to ensure that activi11 ties carried out by the agency will not isolate or stig12 matize homeless children and youth. 

13 ‘‘(6) An assurance that the local educational 

14 agency will collect and promptly provide data re15 quested by the State Coordinator pursuant to para16 graphs (1) and (3) of section 722(f). 

17 ‘‘(7) An assurance that the local educational 

18 agency has removed the policies and practices that 

19 have created barriers to the identification, enroll20 ment, attendance, retention, and success in school of 

21 all homeless children and youth. 

22 ‘‘(c) AWARDS.— 

23 ‘‘(1) IN GENERAL.—The State educational 

24 agency shall, in accordance with the requirements of 

25 this subtitle and from amounts made available to it 


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1 under section 722(a), make subgrants on a competi2 tive basis to local educational agencies that submit 

3 applications under subsection (b). Such subgrants 

4 shall be awarded on the basis of the need of such 

5 agencies for assistance under this subtitle and the 

6 quality of the applications submitted. 

7 ‘‘(2) NEED.— 

8 ‘‘(A) IN GENERAL.—In determining need 

9 under paragraph (1), the State educational 

10 agency may consider the number of homeless 

11 children and youth enrolled in preschool, ele12 mentary schools, and secondary schools within 

13 the area served by the local educational agency, 

14 and shall consider the needs of such children 

15 and youth and the ability of the local edu16 cational agency to meet such needs. 

17 ‘‘(B) OTHER CONSIDERATIONS.—The 

18 State educational agency may also consider the 

19 following: 

20 ‘‘(i) The extent to which the proposed 

21 use of funds will facilitate the identifica22 tion, enrollment, attendance, retention, and 

23 educational success of homeless children 

24 and youth. 


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1 ‘‘(ii) The extent to which the applica2 tion reflects coordination with other local 

3 and State agencies that serve homeless 

4 children and youth. 

5 ‘‘(iii) The extent to which the appli6 cant exhibits in the application and in cur7 rent practice (as of the date of submission 

8 of the application) a commitment to edu9 cation for all homeless children and youth. 

10 ‘‘(iv) Such other criteria as the State 

11 agency determines to be appropriate. 

12 ‘‘(3) QUALITY.—In determining the quality of 

13 applications under paragraph (1), the State edu14 cational agency shall consider each of the following: 

15 ‘‘(A) The applicant’s needs assessment 

16 under subsection (b)(2) and the likelihood that 

17 the program presented in the application will 

18 meet such needs. 

19 ‘‘(B) The types, intensity, and coordination 

20 of the services to be provided under the pro21 gram. 

22 ‘‘(C) The extent to which the applicant will 

23 promote meaningful involvement of parents or 

24 guardians of homeless children or youth in the 

25 education of their children. 


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1 ‘‘(D) The extent to which homeless chil2 dren and youth will be integrated into the reg3 ular education program involved. 

4 ‘‘(E) The quality of the applicant’s evalua5 tion plan for the program. 

6 ‘‘(F) The extent to which services provided 

7 under this subtitle will be coordinated with 

8 other services available to homeless children 

9 and youth and their families, including housing 

10 and social services and services provided under 

11 the Individuals with Disabilities Education Act 

12 (20 U.S.C. 1400 et seq.), title I of the Elemen13 tary and Secondary Education Act of 1965 (20 

14 U.S.C. 6301 et seq.), and similar State and 

15 local programs. 

16 ‘‘(G) The extent to which the local edu17 cational agency will use the subgrant to lever18 age resources, including by maximizing 

19 nonsubgrant funding for the position of the liai20 son described in section 722(g)(1)(J)(ii) and 

21 the provision of transportation. 

22 ‘‘(H) The local educational agency’s use of 

23 funds to serve homeless children and youth 

24 under section 1113(c)(3) of the Elementary and 


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1 Secondary Education Act of 1965 (20 U.S.C. 

2 6313(c)(3)). 

3 ‘‘(I) The extent to which the applicant’s 

4 program meets such other measures as the 

5 State educational agency considers to be indic6 ative of a high-quality program, including the 

7 extent to which the local educational agency will 

8 provide services to unaccompanied youth and 

9 preschool-aged children. 

10 ‘‘(J) The extent to which the application 

11 describes how the applicant will meet the re12 quirements of section 722(g)(4). 

13 ‘‘(d) AUTHORIZED ACTIVITIES.—A local educational 

14 agency may use funds awarded under this section for ac15 tivities that carry out the purpose of this subtitle, includ16 ing the following: 

17 ‘‘(1) The provision of tutoring, supplemental in18 struction, and enriched educational services that are 

19 linked to the achievement of the same college and 

20 career ready State academic content standards and 

21 college and career ready State student academic 

22 achievement standards as the State establishes for 

23 other children and youth. 

24 ‘‘(2) The provision of expedited evaluations of 

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1 dren and youth, including needs and eligibility for 

2 programs and services (including educational pro3 grams for gifted and talented students, children with 

4 disabilities, and students with limited English pro5 ficiency, charter school programs, magnet school 

6 programs, and programs in career and technical 

7 education, and school nutrition programs). 

8 ‘‘(3) Professional development and other activi9 ties for educators and specialized instructional sup10 port personnel that are designed to heighten the un11 derstanding and sensitivity of such educators and 

12 personnel to the needs of homeless children and 

13 youth, the rights of such children and youth under 

14 this subtitle, and the specific educational needs of 

15 runaway and homeless youth. 

16 ‘‘(4) The provision of referral services to home17 less children and youth for medical, dental, mental, 

18 and other health services. 

19 ‘‘(5) The provision of assistance to defray the 

20 cost of transportation under paragraphs (1)(J)(iii) 

21 and (5)(A) of section 722(g), not otherwise provided 

22 through Federal, State, or local funding. 

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1 wise provided through Federal, State, or local fund2 ing. 

3 ‘‘(7) The provision of services and assistance to 

4 attract, engage, and retain homeless children and 

5 youth, particularly homeless children and youth who 

6 are not enrolled in school, in public school programs 

7 and services provided to nonhomeless children and 

8 youth. 

9 ‘‘(8) The provision for homeless children and 

10 youth of before- and after-school, mentoring, and 

11 summer programs in which a teacher or other quali12 fied individual provides tutoring, homework assist13 ance, and supervision of educational activities. 

14 ‘‘(9) If necessary, the payment of fees and 

15 other costs associated with tracking, obtaining, and 

16 transferring records necessary to facilitate the ap17 propriate placement of homeless children and youth 

18 in school, including birth certificates, immunization 

19 or other required health records, academic records, 

20 guardianship records, and evaluations for special 

21 programs or services. 

22 ‘‘(10) The provision of education and training 

23 to the parents of homeless children and youth about 

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1 crease the meaningful involvement of families of 

2 homeless children or youth in the education of their 

3 children. 

4 ‘‘(11) The development of coordination of ac5 tivities between schools and agencies providing serv6 ices to homeless children and youth, as described in 

7 section 722(g)(6). 

8 ‘‘(12) The provision of specialized instructional 

9 support services (including counseling) and referrals 

10 for such services. 

11 ‘‘(13) Activities to address the particular needs 

12 of homeless children and youth that may arise from 

13 domestic violence and parental mental health or sub14 stance abuse problems. 

15 ‘‘(14) The adaptation of space and purchase of 

16 supplies for any nonschool facilities made available 

17 under subsection (a)(2) to provide services under 

18 this subsection. 

19 ‘‘(15) The provision of school supplies, includ20 ing supplies to be distributed at shelters or tem21 porary housing facilities, or other appropriate loca22 tions. 

23 ‘‘(16) The provision of assistance to defray the 

24 cost of the position of liaison designated pursuant to 


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1 section 722(g)(1)(J)(ii), not otherwise provided 

2 through Federal, State, or local funding. 

3 ‘‘(17) The provision of other extraordinary or 

4 emergency assistance needed to enable homeless chil5 dren and youth to enroll, attend, and succeed in 

6 school, including in early learning programs. 

7 ‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES. 

8 ‘‘(a) REVIEW OF STATE PLANS.—In reviewing the 

9 State plan submitted by a State educational agency under 

10 section 722(g), the Secretary shall use a peer review proc11 ess and shall evaluate whether State laws, policies, and 

12 practices described in such plan adequately address the 

13 problems of all homeless children and youth relating to 

14 access to education and placement as described in such 

15 plan. 

16 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary— 

17 ‘‘(1) shall provide support and technical assist18 ance to State educational agencies to assist such 

19 agencies in carrying out their responsibilities under 

20 this subtitle; and 

21 ‘‘(2) may designate an individual who shall co22 ordinate services and activities for the education of 

23 homeless children and youth. 

24 ‘‘(c) NOTICE.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall, before 

2 the next school year that begins after the date of en3 actment of the McKinney-Vento Homeless Education 

4 Reauthorization Act of 2011, develop and dissemi5 nate a public notice of the educational rights of 

6 homeless children and youth. The notice shall in7 clude information regarding the definition of home8 less children and youth in section 725. 

9 ‘‘(2) DISSEMINATION.—The Secretary shall dis10 seminate the notice nationally. The Secretary also 

11 shall disseminate such notice to heads of other De12 partment of Education offices, including those re13 sponsible for special education programs, higher 

14 education, and programs under parts A, B, C, D, G, 

15 and H of title I, title III, title IV, and part B of title 

16 V of the Elementary and Secondary Education Act 

17 of 1965 (20 U.S.C. 6311 et seq., 6361 et seq., 6391 

18 et seq., 6421 et seq., 6531 et seq., 6551 et seq., 

19 6801 et seq., 7102 et seq., and 7221 et seq.). The 

20 Secretary shall also disseminate such notice to heads 

21 of other Federal agencies, and grant recipients and 

22 other entities carrying out federally funded pro23 grams, including Head Start programs, grant recipi24 ents under the Health Care for the Homeless pro25 gram of the Health Resources and Services AdminisVerDate Mar 15 2010 01:06 Sep 21, 2012 Jkt 099200 PO 00000 Frm 00972 Fmt 6652 Sfmt 6201 E:\BILLS\S3578.PCS S3578

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1 tration of the Department of Health and Human 

2 Services, grant recipients under the Emergency 

3 Food and Shelter National Board Program of the 

4 Federal Emergency Management Agency, grant re5 cipients under the Runaway and Homeless Youth 

6 Act (42 U.S.C. 5701 et seq.), grant recipients under 

7 the John H. Chafee Foster Care Independence pro8 gram, grant recipients under homeless assistance 

9 programs administered by the Department of Hous10 ing and Urban Development, and recipients of Fed11 eral funding for programs carried out by the Admin12 istration on Children, Youth and Families of the De13 partment of Health and Human Services. 

14 ‘‘(d) EVALUATION AND DISSEMINATION.—The Sec15 retary shall conduct evaluation, dissemination, and tech16 nical assistance activities for programs that are designed 

17 to meet the educational needs of homeless preschool, ele18 mentary school, and secondary school students, and may 

19 use funds appropriated under section 726 to conduct such 

20 activities. 

21 ‘‘(e) SUBMISSION AND DISTRIBUTION.—The Sec22 retary shall require applications for grants under section 

23 722 to be submitted to the Secretary not later than the 

24 expiration of the 120-day period beginning on the date 

25 that funds are available for purposes of making such 


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1 grants and shall make such grants not later than the expi2 ration of the 180-day period beginning on such date. 

3 ‘‘(f) DETERMINATION BY SECRETARY.—The Sec4 retary, based on the information received from the States 

5 and information gathered by the Secretary under sub6 section (h), shall determine the extent to which State edu7 cational agencies are ensuring that each homeless child or 

8 youth has access to a free appropriate public education, 

9 as described in section 721(1). The Secretary shall provide 

10 support and technical assistance to State educational 

11 agencies in areas in which barriers to a free appropriate 

12 public education persist. 

13 ‘‘(g) PUBLICATION.—The Secretary shall develop, 

14 issue, and publish in the Federal Register, not later than 

15 90 days after the date of enactment of the McKinney16 Vento Homeless Education Reauthorization Act of 2011, 

17 a summary of the changes enacted by that Act and related 

18 strategies, which summary shall include— 

19 ‘‘(1) strategies by which a State can assist local 

20 educational agencies to implement the provisions 

21 amended by the Act; 

22 ‘‘(2) strategies by which a State can review and 

23 revise State policies and procedures that may 

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1 tendance, and success of homeless children and 

2 youth in school; and 

3 ‘‘(3) strategies by which entities carrying out 

4 preschool programs can implement requirements of 

5 section 722(g)(3). 

6 ‘‘(h) INFORMATION.— 

7 ‘‘(1) IN GENERAL.—From funds appropriated 

8 under section 726, the Secretary shall, directly or 

9 through grants, contracts, or cooperative agree10 ments, periodically but not less frequently than every 

11 2 years, collect and disseminate publicly data and in12 formation regarding— 

13 ‘‘(A) the number of homeless children and 

14 youth; 

15 ‘‘(B) the education and related support 

16 services such children and youth receive; 

17 ‘‘(C) the extent to which the needs of 

18 homeless children and youth are being met; 

19 ‘‘(D) the academic progress being made by 

20 homeless children and youth, including the per21 cent or number of homeless children and youth 

22 participating in State assessments; and 

23 ‘‘(E) such other data and information as 

24 the Secretary determines to be necessary and 

25 relevant to carry out this subtitle. 


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1 ‘‘(2) COORDINATION.—The Secretary shall co2 ordinate such collection and dissemination with 

3 other agencies and entities that receive assistance 

4 and administer programs under this subtitle. 

5 ‘‘(i) REPORT.—Not later than 4 years after the date 

6 of enactment of the McKinney-Vento Homeless Education 

7 Reauthorization Act of 2011, the Secretary shall prepare 

8 and submit to the President and the Committee on Edu9 cation and the Workforce of the House of Representatives 

10 and the Committee on Health, Education, Labor, and 

11 Pensions of the Senate a report on the status of the provi12 sion of education and related support services to homeless 

13 children and youth, which shall include information on— 

14 ‘‘(1) the education of homeless children and 

15 youth; and 

16 ‘‘(2) the actions of the Secretary and the effec17 tiveness of the programs supported under this sub18 title. 

19 ‘‘SEC. 725. DEFINITIONS. 

20 ‘‘In this subtitle: 

21 ‘‘(1) ENROLL; ENROLLMENT.—The terms ‘en22 roll’ and ‘enrollment’ include attending classes and 

23 participating fully in school activities. 

24 ‘‘(2) HOMELESS CHILDREN AND YOUTH.—The 

25 term ‘homeless children and youth’— 


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1 ‘‘(A) means individuals who lack a fixed, 

2 regular, and adequate nighttime residence 

3 (within the meaning of section 103(a)(1)); and 

4 ‘‘(B) includes— 

5 ‘‘(i) children and youth who— 

6 ‘‘(I) are sharing the housing of 

7 other persons due to loss of housing, 

8 economic hardship, or a similar rea9 son; 

10 ‘‘(II) are living in motels, hotels, 

11 trailer parks, or camping grounds due 

12 to the lack of alternative adequate ac13 commodations; 

14 ‘‘(III) are living in emergency or 

15 transitional shelters; and 

16 ‘‘(IV) are abandoned in hospitals; 

17 ‘‘(ii) children and youth who have a 

18 primary nighttime residence that is a pub19 lic or private place not designed for or or20 dinarily used as a regular sleeping accom21 modation for human beings (within the 

22 meaning of section 103(a)(2)(C)); 

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1 doned buildings, substandard housing, bus 

2 or train stations, or similar settings; and 

3 ‘‘(iv) migratory children (as such term 

4 is defined in section 1312 of the Elemen5 tary and Secondary Education Act of 

6 1965) who qualify as homeless for the pur7 poses of this subtitle because the children 

8 are living in circumstances described in 

9 clauses (i) through (iii). 

10 ‘‘(3) LOCAL EDUCATIONAL AGENCY; STATE

11 EDUCATIONAL AGENCY.—The terms ‘local edu12 cational agency’ and ‘State educational agency’ have 

13 the meanings given such terms in section 9101 of 

14 the Elementary and Secondary Education Act of 

15 1965 (20 U.S.C. 7801). 

16 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

17 the Secretary of Education. 

18 ‘‘(5) STATE.—The term ‘State’ means each of 

19 the 50 States, the District of Columbia, and the 

20 Commonwealth of Puerto Rico. 

21 ‘‘(6) UNACCOMPANIED YOUTH.—The term ‘un22 accompanied youth’ means a homeless child or youth 

23 not in the physical custody of a parent or legal 

24 guardian. 


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1 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘For the purpose of carrying out this subtitle, there 

3 are authorized to be appropriated such sums as may be 

4 necessary for fiscal year 2012 and each of the 6 suc5 ceeding fiscal years.’’. 

6 Subpart 2—Advanced Research Projects Agency7 Education 

8 SEC. 11021. ADVANCED RESEARCH PROJECTS AGENCY-EDU9 CATION. 

10 The Department of Education Organization Act (20 

11 U.S.C. 3401 et seq.) is amended by inserting after section 

12 220 the following new section: 

13 ‘‘SEC. 221. ADVANCED RESEARCH PROJECTS AGENCY-EDU14 CATION. 

15 ‘‘(a) ESTABLISHMENT.—There shall be in the De16 partment an Advanced Research Projects Agency-Edu17 cation (referred to in this section as ‘ARPA-ED’). 

18 ‘‘(b) PURPOSES.—ARPA-ED is established under 

19 this section for the purposes of pursuing breakthrough re20 search and development in educational technology and 

21 providing the effective use of the technology to improve 

22 achievement for all students, by— 

23 ‘‘(1) identifying and promoting revolutionary 

24 advances in fundamental and applied sciences and 

25 engineering that could be translated into new learn26 ing technologies; 


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1 ‘‘(2) developing novel learning technologies, and 

2 the enabling processes and contexts for effective use 

3 of those technologies; 

4 ‘‘(3) developing, testing, and evaluating the im5 pact and efficacy of those technologies; 

6 ‘‘(4) accelerating transformational technological 

7 advances in areas in which the private sector, by 

8 itself, is not likely to accelerate such advances be9 cause of difficulties in implementation or adoption, 

10 or technical and market uncertainty; 

11 ‘‘(5) coordinating activities with nongovern12 mental entities to demonstrate technologies and re13 search applications to facilitate technology transfer; 

14 and 

15 ‘‘(6) encouraging educational research using 

16 new technologies and the data produced by the tech17 nologies. 

18 ‘‘(c) AUTHORITIES OF SECRETARY.—The Secretary 

19 is authorized to— 

20 ‘‘(1) appoint a Director, who shall be respon21 sible for carrying out the purposes of ARPA-ED, as 

22 described in subsection (b), and such additional 

23 functions as the Secretary may prescribe; 


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1 ‘‘(2) establish processes for the development 

2 and execution of projects and the solicitation of enti3 ties to carry out the projects in a manner that is— 

4 ‘‘(A) tailored to the purposes of ARPA-ED 

5 and not constrained by other Department-wide 

6 administrative requirements that could detract 

7 from achieving program results; and 

8 ‘‘(B) designed to heighten transparency, 

9 and public- and private-sector involvement, to 

10 ensure that investments are made in the most 

11 promising areas; 

12 ‘‘(3) award grants, contracts, cooperative agree13 ments, and cash prizes, and enter into other trans14 actions (in accordance with such regulations as the 

15 Secretary may establish regarding other trans16 actions); 

17 ‘‘(4) make appointments of up to 20 scientific, 

18 engineering, professional, and other mission-related 

19 employees, for periods of up to 4 years (which ap20 pointments may not be renewed) without regard to 

21 the provisions of title 5, United States Code, gov22 erning appointments in the competitive service; 

23 ‘‘(5)(A) prescribe the rates of basic pay for the 

24 personnel described in paragraph (4) at rates not in 

25 excess of the maximum rate of basic pay authorized 


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1 for senior-level positions under section 5376 of title 

2 5, United States Code, notwithstanding any provi3 sion of that title governing the rates of basic pay or 

4 classification of employees in the executive branch, 

5 but those personnel shall not receive any payment 

6 for service (such as an award, premium payment, in7 centive payment or bonus, allowance, or other simi8 lar payment) under any other provision of that title; 

9 and 

10 ‘‘(B) pay any employee appointed pursuant to 

11 paragraph (4) payments in addition to that basic 

12 pay, except that the total amount of those payments 

13 for any calendar year shall not exceed the lesser 

14 of— 

15 ‘‘(i) $25,000; or 

16 ‘‘(ii) the difference between the employee’s 

17 annual rate of basic pay under paragraph (4) 

18 and the annual rate for level I of the Executive 

19 Schedule under section 5312 of title 5, United 

20 States Code, based on the rates in effect at the 

21 end of the applicable calendar year (or, if the 

22 employee separated during that year, on the 

23 date of separation); 

24 ‘‘(6) obtain independent, periodic, rigorous eval25 uations, as appropriate, of— 


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1 ‘‘(A) the effectiveness of the processes 

2 ARPA-ED is using to achieve its purposes; and 

3 ‘‘(B) the effectiveness of individual projects 

4 assisted by ARPA-ED, using evidence stand5 ards developed in consultation with the Insti6 tute of Education Sciences, and the suitability 

7 of ongoing projects assisted by ARPA-ED for 

8 further investment or increased scale; and 

9 ‘‘(7) disseminate, through the comprehensive 

10 centers established under section 203 of the Edu11 cational Technical Assistance Act of 2002 (20 

12 U.S.C. 9602), the regional educational laboratories 

13 system established under section 174 of the Edu14 cation Sciences Reform Act of 2002 (20 U.S.C. 

15 9564), or such other means as the Secretary deter16 mines to be appropriate, information on effective 

17 practices and technologies developed with ARPA-ED 

18 support. 

19 ‘‘(d) EVALUATION FUNDS.—The Secretary may use 

20 funds made available for ARPA-ED to pay the cost of the 

21 evaluations under subsection (c)(6). 

22 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT.—Not23 withstanding any other provision of law, any advisory com24 mittee convened by the Secretary to provide advice with 

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1 ments of the Federal Advisory Committee Act (5 U.S.C. 

2 App.) and the definition of ‘employee’ in section 2105 of 

3 title 5, United States Code, shall not be considered to in4 clude any appointee to such a committee. 

5 ‘‘(f) NONDUPLICATION.—To the maximum extent 

6 practicable, the Secretary shall ensure that grants, con7 tracts, cooperative agreements, cash prizes, or other as8 sistance or arrangements awarded or entered into pursu9 ant to this section that are designed to carry out the pur10 poses of ARPA-ED do not duplicate activities under pro11 grams carried out under Federal law other than this sec12 tion by the Department or other Federal agencies.’’. 

13 PART B—MISCELLANEOUS PROVISIONS 

14 SEC. 11211. TECHNICAL AND CONFORMING AMENDMENTS. 

15 (a) HIGHER EDUCATION ACT OF 1965.—The Higher 

16 Education Act of 1965 (20 U.S.C. 1001 et seq.) is amend17 ed as follows: 

18 (1) Section 103(24)(B) (20 U.S.C. 

19 1003(24)(B)) is amended by striking ‘‘students who 

20 are limited English proficient’’ and inserting 

21 ‘‘English learners’’. 

22 (2) Section 200 (20 U.S.C. 1021) is amended— 

23 (A) in paragraph (6)(B)(x) by striking 

24 ‘‘section 5210’’ and inserting ‘‘section 5411’’; 

25 (B) by striking paragraph (8); 


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1 (C) by redesignating paragraphs (9) 

2 through (23) as paragraphs (8) through (22), 

3 respectively; 

4 (D) by striking paragraph (12), as redesig5 nated by subparagraph (C), and inserting the 

6 following: 

7 ‘‘(12) HIGHLY QUALIFIED TEACHER.—The 

8 term ‘highly qualified teacher’ has the meaning 

9 given such term in section 9101 of the Elementary 

10 and Secondary Education Act of 1965.’’; 

11 (E) by striking paragraph (14), as redesig12 nated by subparagraph (C), and inserting the 

13 following: 

14 ‘‘(14) ENGLISH LEARNER.—The term ‘English 

15 learner’ has the meaning given the term in section 

16 9101 of the Elementary and Secondary Education 

17 Act of 1965.’’; 

18 (F) in paragraph (16)(B)(ii), as redesig19 nated by subparagraph (C), by striking ‘‘to be20 come highly qualified’’ and inserting ‘‘to become 

21 a highly qualified teacher’’; 

22 (G) in paragraph (21)(D)(i), as redesig23 nated by subparagraph (C), by striking ‘‘be24 comes highly qualified’’ and inserting ‘‘becomes 

25 a highly qualified teacher’’; and 


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1 (H) in paragraph (22)(D)(iii), as redesig2 nated by subparagraph (C), by striking ‘‘stu3 dents who are limited English proficient’’ and 

4 inserting ‘‘English learners’’. 

5 (3) Section 202 (20 U.S.C. 1022a) is amend6 ed— 

7 (A) in subsection (b)(6)— 

8 (i) in subparagraph (E)(ii), by strik9 ing ‘‘student academic achievement stand10 ards and academic content standards 

11 under section 1111(b)(1)’’ and inserting 

12 ‘‘college and career ready State academic 

13 content standards and student academic 

14 achievement standards under section 

15 1111(a)(1)’’; and 

16 (ii) in subparagraph (G), by striking 

17 ‘‘students who are limited English pro18 ficient’’ and inserting ‘‘English learners’’; 

19 and 

20 (B) in subsection (d)— 

21 (i) in paragraph (1)— 

22 (I) in subparagraph (A)(i)(I)— 

23 (aa) by inserting ‘‘teachers’’ 

24 after ‘‘highly qualified’’; and 


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1 (bb) by striking ‘‘students 

2 who are limited English pro3 ficient’’ and inserting ‘‘English 

4 learners’’; and 

5 (II) in subparagraph (B)— 

6 (aa) in clause (ii)(IV)(aa), 

7 by striking ‘‘students who are 

8 limited English proficient’’ and 

9 inserting ‘‘English learners’’; and 

10 (bb) in clause (iii), by insert11 ing ‘‘teachers’’ after ‘‘highly 

12 qualified’’; and 

13 (ii) in paragraph (5)(B), by striking 

14 ‘‘limited English proficient students’’ and 

15 inserting ‘‘English learners’’. 

16 (4) Section 204(a)(4)(D) (20 U.S.C. 

17 1022c(a)(4)(D)) is amended by striking ‘‘limited 

18 English proficient students’’ and inserting ‘‘English 

19 learners’’. 

20 (5) Section 205 (20 U.S.C. 1022d) is amend21 ed— 

22 (A) in subsection (a)(1)(G), by striking 

23 ‘‘students who are limited English proficient’’ 

24 and inserting ‘‘English learners’’; and 

25 (B) in subsection (b)(1)— 


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1 (i) in subparagraph (C), by striking 

2 ‘‘State’s challenging academic content 

3 standards required under section 

4 1111(b)(1)’’ and inserting ‘‘college and ca5 reer ready State academic content stand6 ards required under section 1111(a)(1)’’; 

7 and 

8 (ii) in subparagraph (L), by striking 

9 ‘‘students who are limited English pro10 ficient’’ and inserting ‘‘English learners’’. 

11 (6) Section 206 (20 U.S.C. 1022e) is amend12 ed— 

13 (A) in subsection (a), by striking ‘‘limited 

14 English proficient students’’ and inserting 

15 ‘‘English learners’’; and 

16 (B) in subsection (b)(4), by striking ‘‘lim17 ited English proficient students’’ and inserting 

18 ‘‘English learners’’. 

19 (7) Section 208(b) (20 U.S.C. 1022g(b)) is 

20 amended— 

21 (A) by inserting ‘‘teachers’’ after ‘‘are 

22 highly qualified’’; and 

23 (B) by striking ‘‘is highly qualified’’ and 

24 inserting ‘‘is a highly qualified teacher’’. 


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1 (8) Section 242(b) (20 U.S.C. 1033a(b)) is 

2 amended— 

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

4 by inserting ‘‘teachers’’ after ‘‘highly qualified’’; 

5 and 

6 (B) in paragraph (1), by inserting ‘‘teach7 ers’’ after ‘‘highly qualified’’. 

8 (9) Section 251(b)(1)(A)(iii) (20 U.S.C. 

9 1034(b)(1)(A)(iii)) is amended by inserting ‘‘teach10 ers’’ after ‘‘highly qualified’’. 

11 (10) Section 255(k) (20 U.S.C. 1035(k)) is 

12 amended— 

13 (A) in paragraph (1), by striking ‘‘section 

14 9101(23)(B)(ii)’’ and inserting ‘‘section 

15 9101(32)(A)(ii)(II)’’; and 

16 (B) in paragraph (3), by striking ‘‘section 

17 9101(23)’’ and inserting ‘‘section 9101(32)’’. 

18 (11) Section 258(d) (20 U.S.C. 1036(d)) is 

19 amended— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘limited English pro22 ficient students’’ and inserting ‘‘English 

23 learners’’; and 

24 (ii) by inserting ‘‘teachers who will 

25 be’’ after ‘‘highly qualified’’; and 


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1 (B) in paragraph (2)(C), by striking ‘‘lim2 ited English proficient students’’ and inserting 

3 ‘‘English learners’’. 

4 (12) Section 402B(c)(7) (20 U.S.C. 1070a– 

5 12(c)(7)) is amended by striking ‘‘students who are 

6 limited English proficient’’ and inserting ‘‘English 

7 learners’’. 

8 (13) Section 402C(d)(7) (20 U.S.C. 1070a– 

9 13(d)(7)) is amended by striking ‘‘students who are 

10 limited English proficient’’ and inserting ‘‘English 

11 learners’’. 

12 (14) Section 402D (20 U.S.C. 1070a–14) is 

13 amended— 

14 (A) in subsection (a)(3), by striking ‘‘stu15 dents who are limited English proficient’’ and 

16 inserting ‘‘English learners’’; and 

17 (B) in subsection (c)(6), by striking ‘‘stu18 dents who are limited English proficient’’ and 

19 inserting ‘‘English learners’’. 

20 (15) Section 402F(b)(11) (20 U.S.C. 1070a– 

21 16(b)(11)) is amended by striking ‘‘students who are 

22 limited English proficient’’ and inserting ‘‘English 

23 learners’’. 

24 (16) Section 404D (20 U.S.C. 1070a–24) is 

25 amended— 


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1 (A) in subsection (b)(10)(K), by striking 

2 ‘‘students who are limited English proficient’’ 

3 and inserting ‘‘English learners’’; and 

4 (B) in subsection (c)(6)(B)(ii), by striking 

5 ‘‘students who are limited English proficient’’ 

6 and inserting ‘‘English learners’’. 

7 (17) Section 428J(b)(1)(B) (20 U.S.C. 1078– 

8 10(b)(1)(B)) is amended by striking ‘‘is highly quali9 fied’’ and inserting ‘‘is a highly qualified teacher’’. 

10 (18) Section 428K(b)(5) (20 U.S.C. 1078– 

11 11(b)(5)) is amended— 

12 (A) in the heading, by striking ‘‘STUDENTS

13 WHO ARE LIMITED ENGLISH PROFICIENT’’ and 

14 inserting ‘‘ENGLISH LEARNERS’’; 

15 (B) in subparagraph (A), by striking ‘‘is 

16 highly qualified’’ and inserting ‘‘is a highly 

17 qualified teacher’’; and 

18 (C) in subparagraph (B)(i), by striking 

19 ‘‘students who are limited English proficient’’ 

20 and inserting ‘‘English learners’’. 

21 (19) Section 460(b)(1)(B) (20 U.S.C. 

22 1087j(b)(1)(B)) is amended by striking ‘‘is highly 

23 qualified’’ and inserting ‘‘is a highly qualified teach24 er’’. 


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1 (20) Section 741(a)(10) (20 U.S.C. 

2 1138(a)(10)) is amended by striking ‘‘limited 

3 English proficient students’’ and inserting ‘‘English 

4 learners’’ each place the term appears. 

5 (21) Section 806(a)(2) (20 U.S.C. 1161f(a)(2)) 

6 is amended to read as follows: 

7 ‘‘(2) HIGHLY QUALIFIED TEACHER.—The term 

8 ‘highly qualified teacher’ has the meaning given the 

9 term in section 9101 of the Elementary and Sec10 ondary Education Act of 1965.’’. 

11 (b) INDIVIDUALS WITH DISABILITIES EDUCATION

12 ACT.—The Individuals with Disabilities Education Act 

13 (20 U.S.C. 1400 et seq.) is amended as follows: 

14 (1) Section 602 (20 U.S.C. 1401) is amended— 

15 (A) in paragraph (10)— 

16 (i) in subparagraph (A)— 

17 (I) in the matter preceding clause 

18 (i), by striking ‘‘has the meaning 

19 given the term in section 9101’’ and 

20 inserting ‘‘means that the teacher is a 

21 highly qualified teacher in accordance 

22 with subparagraphs (A) and (B) of 

23 section 9101(32)’’; and 

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

25 ‘‘requirements of section 9101’’ and 


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1 inserting ‘‘requirements for a highly 

2 qualified teacher as defined in section 

3 9101(32)(A)’’; 

4 (ii) in subparagraph (C)— 

5 (I) in the matter preceding clause 

6 (i), by striking ‘‘section 1111(b)(1)’’ 

7 and inserting ‘‘section 1111(a)(1)’’; 

8 (II) clause (i), by striking ‘‘re9 quirements of section 9101’’ and in10 serting ‘‘requirements for a highly 

11 qualified teacher, as defined in section 

12 9101’’; and 

13 (III) in clause (ii), by striking 

14 ‘‘subparagraph (B) or (C) of section 

15 9101(23)’’ and inserting ‘‘clause (ii) 

16 or (iii) of section 9101(32)(A)’’; 

17 (iii) in subparagraph (D)— 

18 (I) in clause (i), by striking ‘‘ap19 plicable requirements of section 9101’’ 

20 and inserting ‘‘applicable require21 ments to be a highly qualified teacher 

22 as defined in section 9101’’; and 

23 (II) in each of clauses (ii) and 

24 (iii), by striking ‘‘section 


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1 9101(23)(C)(ii)’’ and inserting ‘‘sec2 tion 9101(32)(A)(iii)(II)’’; and 

3 (iv) in subparagraph (F), by striking 

4 ‘‘highly qualified for purposes of’’ and in5 serting ‘‘to be a highly qualified teacher 

6 for purposes of’’; and 

7 (B) in paragraph (18), by striking ‘‘has 

8 the meaning given the term in section 9101 of 

9 the Elementary and Secondary Education Act 

10 of 1965’’ and inserting ‘‘when used in reference 

11 to an individual, means an individual who meets 

12 the requirements described in subparagraphs 

13 (C) and (D) of section 9101(23) of the Elemen14 tary and Secondary Education Act of 1965’’. 

15 (2) Section 611(e)(2)(C) (20 U.S.C. 

16 1411(e)(2)(C)) is amended— 

17 (A) in clause (x), by striking ‘‘sections 

18 1111(b) and 6111’’ and inserting ‘‘sections 

19 1111 and 1131’’; and 

20 (B) in clause (xi)— 

21 (i) by striking ‘‘, including supple22 mental educational services as defined in 

23 1116(e) of the Elementary and Secondary 

24 Education Act of 1965’’; and 


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1 (ii) by striking ‘‘section 

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

3 1111(a)(3)(A)(ii) of’’. 

4 (3) Section 612(a) (20 U.S.C. 1412(a))— 

5 (A) in paragraph (15)— 

6 (i) by striking clause (ii) of subpara7 graph (A); 

8 (ii) by redesignating clauses (iii) and 

9 (iv) of subparagraph (A) as clauses (ii) 

10 and (iii), respectively; 

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

12 ‘‘, including measurable annual objectives 

13 for progress by children with disabilities 

14 under section 1111(b)(2)(C)(v)(II)(cc) of 

15 the Elementary and Secondary Education 

16 Act of 1965’’; and 

17 (iv) in subparagraph (C), by striking 

18 ‘‘section 1111(h)’’ and inserting ‘‘section 

19 1111(e)’’; 

20 (B) in paragraph (16)(C)(ii)(II), by strik21 ing ‘‘section 1111(b)(1)’’ and inserting ‘‘section 

22 1111(a)’’; 

23 (4) Section 654(a)(1)(B) (20 U.S.C. 

24 1454(a)(1)(B)) is amended by striking ‘‘challenging 

25 State student academic achievement and functional 


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1 standards and with the requirements for professional 

2 development, as defined in section 9101’’ and insert3 ing ‘‘college and career ready State academic 

4 achievement and functional standards and with the 

5 requirements for professional development, as de6 fined in section 9101’’. 

7 (5) Section 663(b)(2) (20 U.S.C. 1463(b)(2)) is 

8 amended by striking ‘‘for assessing adequate yearly 

9 progress, as described under section 1111(b)(2)(B)’’ 

10 and inserting ‘‘as described under section 

11 1111(a)(2)’’. 

12 (c) CARL D. PERKINS CAREER AND TECHNICAL

13 EDUCATION ACT OF 2006.—The Carl D. Perkins Career 

14 and Technical Education Act of 2006 (20 U.S.C. 2301 

15 et seq.) is amended as follows: 

16 (1) Section 3(8) (20 U.S.C. 2302(8)) is amend17 ed by striking ‘‘section 5210’’ and inserting ‘‘section 

18 5411’’. 

19 (2) Section 8(e) (20 U.S.C. 2306a(e)) is 

20 amended by striking ‘‘section 1111(b)(1)(D)’’ and 

21 inserting section ‘‘1111(a)(1)’’. 

22 (3) Section 113 (20 U.S.C. 2323) is amended— 

23 (A) in subsection (b)— 

24 (i) in paragraph (2)(A)— 


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1 (I) in clause (i), by striking 

2 ‘‘challenging academic content stand3 ards and student academic achieve4 ment standards, as adopted by a 

5 State in accordance with section 

6 1111(b)(1) of the Elementary and 

7 Secondary Education Act of 1965 and 

8 measured by the State determined 

9 proficient levels on the academic as10 sessments described in section 

11 1111(b)(3) of such Act’’ and inserting 

12 ‘‘college and career ready State aca13 demic content and student academic 

14 achievement standards, as adopted by 

15 a State in accordance with section 

16 1111(a)(1) of the Elementary and 

17 Secondary Education Act of 1965 and 

18 measured by the State-determined 

19 proficient levels on the academic as20 sessments described in section 

21 1111(a)(2) of such Act’’; and 

22 (II) in clause (iv), by striking 

23 ‘‘Student graduation rates (as de24 scribed in section 1111(b)(2)(C)(vi) of 

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1 cation Act of 1965)’’ and inserting 

2 ‘‘Student graduation rates (as de3 scribed under section 9101 of the Ele4 mentary and Secondary Education 

5 Act of 1965)’’; and 

6 (ii) in paragraph (4)(C)(ii)(I), by 

7 striking ‘‘categories of students described 

8 in section 1111(h)(1)(C)(i)’’ and inserting 

9 ‘‘categories of students described in section 

10 1111(a)(2)(B)(ix)’’; and 

11 (B) in subsection (c)(2)(A), by striking 

12 ‘‘categories of students described in section 

13 1111(h)(1)(C)(i)’’ and inserting ‘‘categories of 

14 students described in section 

15 1111(a)(2)(B)(ix)’’. 

16 (4) Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C. 

17 2324(d)(4)(A)(iii)(I)(aa)) is amended by striking 

18 ‘‘academic content standards and student academic 

19 achievement standards, as adopted by States under 

20 section 1111(b)(1)’’ and inserting ‘‘college and ca21 reer ready State academic content and student aca22 demic achievement standards, as adopted by a State 

23 in accordance with section 1111(a)(1)’’. 

24 (5) Section 122(c)(1)(I)(i) (20 U.S.C. 

25 2342(c)(1)(I)(i)) is amended by striking ‘‘rigorous 


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1 and challenging academic content standards and stu2 dent academic achievement standards adopted by the 

3 State under section 1111(b)(1)’’ and inserting ‘‘col4 lege and career ready State academic content and 

5 student academic achievement standards, as adopted 

6 by a State in accordance with section 1111(a)(1)’’. 

7 (d) NATIONAL AND COMMUNITY SERVICE ACT OF

8 1990.—The National and Community Service Act of 1990 

9 (42 U.S.C. 12501 et seq.) is amended as follows: 

10 (1) Section 112(a)(1)(F) (42 U.S.C. 

11 12523(a)(1)(F)) is amended by striking ‘‘attention 

12 to schools not making adequate yearly progress for 

13 two or more consecutive years under section 1111 of 

14 the Elementary and Secondary Education Act of 

15 1965 (20 U.S.C. 6301 et seq.)’’ and inserting ‘‘at16 tention to schools that are identified as achievement 

17 gap schools or persistently low-achieving schools 

18 under subsection (b) or (c) of section 1116 of the 

19 Elementary and Secondary Education Act of 1965 

20 (20 U.S.C. 6316)’’. 

21 (2) Section 119(a)(2)(A)(ii)(II) (42 U.S.C. 

22 12563(a)(2)(A)(ii)(II)) is amended by striking ‘‘the 

23 graduation rate (as defined in section 

24 1111(b)(2)(C)(vi)’’ and inserting ‘‘the graduation 

25 rate (as defined under section 9101(30)’’. 


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1 (3) Section 120(a)(2)(C) (42 U.S.C. 

2 12565(a)(2)(C)) is amended by striking ‘‘improved 

3 graduation rates, as defined in section 

4 1111(b)(2)(C)(vi)’’ and inserting ‘‘improved gradua5 tion rates, as defined under section 9101’’. 

6 (4) Section 122 (42 U.S.C. 12572) is amend7 ed— 

8 (A) in subsection (a)(1)(C)(iii), by striking 

9 ‘‘secondary school graduation rates as defined 

10 in section 1111(b)(2)(C)(vi)’’ and inserting 

11 ‘‘secondary school graduation rates as defined 

12 under section 9101’’; and 

13 (B) in subsection (i)(1), by inserting ‘‘col14 lege and career ready’’ after ‘‘State’’. 

15 (e) TITLE VI OF THE AMERICA COMPETES ACT.— 

16 The America COMPETES Act (Public Law 110–69) is 

17 amended as follows: 

18 (1) Section 6112 (20 U.S.C. 9812) is amend19 ed— 

20 (A) in paragraph (3)(B)(i), by inserting 

21 ‘‘teachers’’ after ‘‘highly qualified’’; and 

22 (B) by striking paragraph (4) and insert23 ing the following: 

24 ‘‘(4) HIGHLY QUALIFIED TEACHER.—The term 

25 ‘highly qualified teacher’ has the meaning given such 


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1 term in section 9101 of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 7801).’’. 

3 (2) Section 6113(d)(2)(G)(i) (20 U.S.C. 

4 9813(d)(2)(G)(i)) is amended— 

5 (A) by inserting ‘‘teachers of’’ after ‘‘high6 ly qualified’’; and 

7 (B) by striking ‘‘teachers’’ after ‘‘foreign 

8 language’’. 

9 (3) Section 6114(b)(3) (20 U.S.C. 9814(b)(3)) 

10 is amended— 

11 (A) by inserting ‘‘teachers of’’ after ‘‘high12 ly qualified’’; and 

13 (B) by striking ‘‘teachers’’ after ‘‘foreign 

14 language’’. 

15 (4) Section 6122 (20 U.S.C. 9832) is amend16 ed— 

17 (A) in paragraph (3), by striking ‘‘has the 

18 meaning given the term ‘low-income individual’ 

19 in section 1707(3) of the Elementary and Sec20 ondary Education Act of 1965 (20 U.S.C. 

21 6537(3))’’ and inserting ‘‘means a student who 

22 is from a low-income family, as defined in sec23 tion 9101(34)(B) of the Elementary and Sec24 ondary Education Act of 1965 (20 U.S.C. 

25 7801(34)(B))’’; 


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1 (B) in paragraph (4), by striking ‘‘has the 

2 meaning’’ and all that follows through the pe3 riod and inserting ‘‘, used with respect to a 

4 school, means a school that serves a student 

5 population 40 percent or more of whom are 

6 low-income students.’’; and 

7 (C) in paragraph (5), by striking ‘‘means 

8 a local educational agency or educational service 

9 agency described in 6112(3)(A)’’ and inserting 

10 ‘‘means a high-need local educational agency, as 

11 defined under section 9101 of the Elementary 

12 and Secondary Education Act of 1965 (20 

13 U.S.C. 7801)’’. 

14 (5) Section 6123(j)(2)(B) (20 U.S.C. 

15 9833(j)(2)(B)) is amended by striking 

16 ‘‘disaggregated under section 1111(h)(1)(C)(i)’’ and 

17 inserting ‘‘disaggregated under section 

18 1111(a)(2)(B)(ix)’’. 

19 (6) Section 6201(e)(2)(D)(ii)(I) (20 U.S.C. 

20 9871(e)(2)(D)(ii)(I)) is amended by striking ‘‘as21 sessments under section 1111(b)’’ and inserting ‘‘as22 sessments under section 1111(a)’’. 

23 (f) THE EDUCATION OF THE DEAF ACT OF 1986.— 

24 Section 104(b)(5) of the Education of the Deaf Act of 

25 1986 (20 U.S.C. 4304(b)(5)) is amended— 


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1 (1) in subparagraph (A)— 

2 (A) in clause (i), by striking ‘‘challenging 

3 academic content standards, challenging stu4 dent academic achievement standards, and aca5 demic assessments of a State, adopted and im6 plemented, as appropriate, pursuant to para7 graphs (1) and (3) of section 1111(b)’’ and in8 serting ‘‘college and career ready State aca9 demic content and student academic achieve10 ment standards and assessments of a State, 

11 adopted and implemented, as appropriate, pur12 suant to section 1111(a)’’; and 

13 (B) in clause (ii), by adding ‘‘and’’ after 

14 the semicolon; 

15 (2) by striking subparagraph (B); 

16 (3) by redesignating subparagraph (C) as sub17 paragraph (B); and 

18 (4) in subparagraph (B), as redesignated by 

19 paragraph (3), by striking ‘‘, and whether the pro20 grams at the Clerc Center are making adequate 

21 yearly progress, as determined under subparagraph 

22 (B)’’. 

23 (g) THE EDUCATION SCIENCES REFORM ACT OF

24 2002.—The Education Sciences Reform Act of 2002 (20 

25 U.S.C. 9501 et seq.) is amended as follows: 


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1 (1) Section 153(a)(1)(F)(ii) (20 U.S.C. 

2 9543(a)(1)(F)(ii)) is amended by striking ‘‘the per3 centage of teachers who are highly qualified’’ and in4 serting ‘‘the percentage of teachers who are highly 

5 qualified teachers’’. 

6 (2) Section 177(a)(5) (20 U.S.C. 9567b(a)(5)) 

7 is amended by striking ‘‘section 1111(b)’’ and in8 serting ‘‘section 1111(a)’’. 

9 (h) THE EDUCATIONAL TECHNICAL ASSISTANCE

10 ACT OF 2002.—Section 203 of the Educational Technical 

11 Assistance Act of 2002 (20 U.S.C. 9602) is amended— 

12 (1) in subsection (a)(2)(B), by striking ‘‘schools 

13 identified for school improvement (as described in 

14 section 1116(b) of the Elementary and Secondary 

15 Education Act of 1965 (20 U.S.C. 6316(b))’’ and 

16 inserting ‘‘schools identified as persistently low17 achieving schools (as described in section 1116(c)(2) 

18 of the Elementary and Secondary Education Act of 

19 1965 (20 U.S.C. 6316(c)(2)))’’; 

20 (2) in subsection (e), by striking paragraph (3) 

21 and inserting the following: 

22 ‘‘(3) schools in the region identified by the 

23 State’s accountability system under section 1116 of 

24 the Elementary and Secondary Education Act of 

25 1965 (20 U.S.C. 6316).’’; and 


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1 (3) in subsection (f)(1)(B), by striking 

2 ‘‘1116(b) of the Elementary and Secondary Edu3 cation Act of 1965 (20 U.S.C. 6316(b))’’ and insert4 ing ‘‘1116 of the Elementary and Secondary Edu5 cation Act of 1965 (20 U.S.C. 6316)’’. 

6 (i) NATIONAL SCIENCE FOUNDATION AUTHORIZA7 TION ACT OF 2002.—Section 9 of the National Science 

8 Foundation Authorization Act of 2002 (42 U.S.C. 1862n) 

9 is amended— 

10 (1) in subsection (a)(10)(A)(iii)(I), by striking 

11 ‘‘are considered highly qualified’’ and inserting ‘‘are 

12 considered highly qualified teachers’’; and 

13 (2) in subsection (b)(3)(A), by striking ‘‘or a 

14 high-need local educational agency in which at least 

15 one school does not make adequate yearly progress, 

16 as determined pursuant to part A of title I of the 

17 Elementary and Secondary Education Act of 1965 

18 (20 U.S.C. 6311 et seq.)’’. 

19 (j) RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH

20 ACT.—Section 9 of the Richard B. Russell National 

21 School Lunch Act (42 U.S.C. 1758) is amended— 

22 (1) in subsection (b)— 

23 (A) in paragraph (5)(D), by striking ‘‘sec24 tion 1309’’ and inserting ‘‘section 1312’’; and 


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1 (B) in paragraph (12)(A)(vi), by striking 

2 ‘‘section 1309’’ and inserting ‘‘section 1312’’; 

3 and 

4 (2) in subsection (d)(2)(E), by striking ‘‘section 

5 1309’’ and inserting ‘‘section 1312’’. 

6 (k) AMERICA COMPETES REAUTHORIZATION ACT

7 OF 2010.—Section 553(d)(6) of the America COMPETES 

8 Reauthorization Act of 2010 (20 U.S.C. 9903(d)(6)) is 

9 amended by striking ‘‘the requirements under section 

10 9101(23) of the Elementary and Secondary Education Act 

11 of 1965 (20 U.S.C. 7801(23)) for highly qualified teach12 ers’’ and inserting ‘‘the requirements for a highly qualified 

13 teacher as defined in section 9101(32)’’. 

14 (l) VIOLENCE AGAINST WOMEN ACT OF 1994.—Sec15 tion 41403(6)(B)(iii) of the Violence Against Women Act 

16 of 1994 (42 U.S.C. 14043e–2(6)(B)(iii)) is amended by 

17 striking ‘‘section 1309’’ and inserting ‘‘section 1312’’. 


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pwalker on DSK7TPTVN1PROD with BILLS
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 


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