113TH CONGRESS 

1ST SESSION H. R. 5 

AN ACT 

To support State and local accountability for public education, protect State and local authority, inform parents 

of the performance of their children’s schools, and for 

other purposes. 

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

2 This Act may be cited as the ‘‘Student Success Act’’. 

3 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Transition. 

Sec. 5. Effective dates. 

Sec. 6. Authorization of appropriations. 

Sec. 7. Sense of the Congress. 

TITLE I—AID TO LOCAL EDUCATIONAL AGENCIES 

Subtitle A—In General 

Sec. 101. Title heading. 

Sec. 102. Statement of purpose. 

Sec. 103. Flexibility to use Federal funds. 

Sec. 104. School improvement. 

Sec. 105. Direct student services. 

Sec. 106. State administration. 

Subtitle B—Improving the Academic Achievement of the Disadvantaged 

Sec. 111. Part A headings. 

Sec. 112. State plans. 

Sec. 113. Local educational agency plans. 

Sec. 114. Eligible school attendance areas. 

Sec. 115. Schoolwide programs. 

Sec. 116. Targeted assistance schools. 

Sec. 117. Academic assessment and local educational agency and school improvement; school support and recognition. 

Sec. 118. Parental involvement. 

Sec. 119. Qualifications for teachers and paraprofessionals. 

Sec. 120. Participation of children enrolled in private schools. 

Sec. 121. Fiscal requirements. 

Sec. 122. Coordination requirements. 

Sec. 123. Grants for the outlying areas and the Secretary of the Interior. 

Sec. 124. Allocations to States. 

Sec. 125. Basic grants to local educational agencies. 

Sec. 126. Adequacy of funding of targeted grants to local educational agencies 

in fiscal years after fiscal year 2001. 

Sec. 127. Education finance incentive grant program. 

Sec. 128. Carryover and waiver. 

Sec. 129. Title I portability. 

Subtitle C—Additional Aid to States and School Districts 

Sec. 131. Additional aid. 

Subtitle D—National Assessment 
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Sec. 141. National assessment of title I. 

Subtitle E—Title I General Provisions 

Sec. 151. General provisions for title I. 

TITLE II—TEACHER PREPARATION AND EFFECTIVENESS 

Sec. 201. Teacher preparation and effectiveness. 

Sec. 202. Conforming repeals. 

TITLE III—PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY 

Sec. 301. Parental engagement and local flexibility. 

TITLE IV—IMPACT AID 

Sec. 401. Purpose. 

Sec. 402. Payments relating to Federal acquisition of real property. 

Sec. 403. Payments for eligible federally connected children. 

Sec. 404. Policies and procedures relating to children residing on Indian lands. 

Sec. 405. Application for payments under sections 8002 and 8003. 

Sec. 406. Construction. 

Sec. 407. Facilities. 

Sec. 408. State consideration of payments providing State aid. 

Sec. 409. Federal administration. 

Sec. 410. Administrative hearings and judicial review. 

Sec. 411. Definitions. 

Sec. 412. Authorization of appropriations. 

Sec. 413. Conforming amendments. 

TITLE V—GENERAL PROVISIONS FOR THE ACT 

Sec. 501. General provisions for the Act. 

Sec. 502. Repeal. 

Sec. 503. Other laws. 

Sec. 504. Amendment to IDEA. 

TITLE VI—THE FEDERAL GOVERNMENT’S TRUST RESPONSIBILITY TO AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE 

HAWAIIAN EDUCATION 

Sec. 601. The Federal Government’s Trust Responsibility to American Indian, 

Alaska Native, and Native Hawaiian Education. 

TITLE VII—HOMELESS EDUCATION 

Sec. 701. Statement of policy. 

Sec. 702. Grants for State and local activities for the education of homeless 

children and youths. 

Sec. 703. Local educational agency subgrants for the education of homeless 

children and youths. 

Sec. 704. Secretarial responsibilities. 

Sec. 705. Definitions. 

Sec. 706. Authorization of appropriations. 

TITLE VIII—MISCELLANEOUS PROVISIONS 

Sec. 801. Findings; Sense of the Congress. 
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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 Unless otherwise provided in this Act, any person or 

10 agency that was awarded a grant under the Elementary 

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

12 et seq.) prior to the date of the enactment of this Act shall 

13 continue to receive funds in accordance with the terms of 

14 such award, except that funds for such award may not 

15 continue more than one year after the date of the enact16 ment of this Act. 

17 SEC. 5. EFFECTIVE DATES. 

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

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

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

21 (b) NONCOMPETITIVE PROGRAMS.—With respect to 

22 noncompetitive programs under which any funds are allot23 ted by the Secretary of Education to recipients on the 

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

25 by this Act, shall take effect on October 1, 2013. 
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1 (c) COMPETITIVE PROGRAMS.—With respect to pro2 grams that are conducted by the Secretary on a competi3 tive basis, this Act, and the amendments made by this Act, 

4 shall take effect with respect to appropriations for use 

5 under those programs for fiscal year 2014. 

6 (d) IMPACT AID.—With respect to title IV of the Act 

7 (20 U.S.C. 7701 et seq.) (Impact Aid), this Act, and the 

8 amendments made by this Act, shall take effect with re9 spect to appropriations for use under that title for fiscal 

10 year 2014. 

11 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

12 The Act (20 U.S.C. 6301 et seq.) is amended by in13 serting after section 2 the following: 

14 ‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 

15 ‘‘(a) TITLE I.— 

16 ‘‘(1) PART A.—There are authorized to be ap17 propriated to carry out part A of title I 

18 $16,651,767,000 (reduced by $195,399,345) for 

19 each of fiscal years 2014 through 2019. 

20 ‘‘(2) PART B.—There are authorized to be ap21 propriated to carry out part B of title I $3,028,000 

22 for each of fiscal years 2014 through 2019. 

23 ‘‘(b) TITLE II.—There are authorized to be appro24 priated to carry out title II $2,441,549,000 for each of 

25 fiscal years 2014 through 2019. 
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1 ‘‘(c) TITLE III.— 

2 ‘‘(1) PART A.— 

3 ‘‘(A) SUBPART 1.—There are authorized to 

4 be appropriated to carry out subpart 1 of part 

5 A of title III $300,000,000 for each of fiscal 

6 years 2014 through 2019. 

7 ‘‘(B) SUBPART 2.—There are authorized to 

8 be appropriated to carry out subpart 2 of part 

9 A of title III $91,647,000 for each of fiscal 

10 years 2014 through 2019. 

11 ‘‘(C) SUBPART 3.—There are authorized to 

12 be appropriated to carry out subpart 3 of part 

13 A of title III $25,000,000 for each of fiscal 

14 years 2014 through 2019. 

15 ‘‘(2) PART B.—There are authorized to be ap16 propriated to carry out part B of title III 

17 $2,055,709,000 for each of fiscal years 2014 

18 through 2019. 

19 ‘‘(d) TITLE IV.— 

20 ‘‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF

21 REAL PROPERTY.—For the purpose of making pay22 ments under section 4002, there are authorized to 

23 be appropriated $63,445,000 for each of fiscal years 

24 2014 through 2019. 
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1 ‘‘(2) BASIC PAYMENTS; PAYMENTS FOR HEAV2 ILY IMPACTED LOCAL EDUCATIONAL AGENCIES.— 

3 For the purpose of making payments under section 

4 4003(b), there are authorized to be appropriated 

5 $1,093,203,000 for each of fiscal years 2014 

6 through 2019. 

7 ‘‘(3) PAYMENTS FOR CHILDREN WITH DISABIL8 ITIES.—For the purpose of making payments under 

9 section 4003(d), there are authorized to be appro10 priated $45,881,000 for each of fiscal years 2014 

11 through 2019. 

12 ‘‘(4) CONSTRUCTION.—For the purpose of car13 rying out section 4007, there are authorized to be 

14 appropriated $16,529,000 for each of fiscal years 

15 2014 through 2019. 

16 ‘‘(5) FACILITIES MAINTENANCE.—For the pur17 pose of carrying out section 4008, there are author18 ized to be appropriated $4,591,000 for each of fiscal 

19 years 2014 through 2019.’’. 

20 SEC. 7. SENSE OF THE CONGRESS. 

21 (a) FINDINGS.—The Congress finds as follows: 

22 (1) The Elementary and Secondary Education 

23 Act prohibits the Federal Government from man24 dating, directing, or controlling a State, local edu25 cational agency, or school’s curriculum, program of 
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1 instruction, or allocation of State and local re2 sources, and from mandating a State or any subdivi3 sion thereof to spend any funds or incur any costs 

4 not paid for under such Act. 

5 (2) The Elementary and Secondary Education 

6 Act prohibits the Federal Government from funding 

7 the development, pilot testing, field testing, imple8 mentation, administration, or distribution of any 

9 federally sponsored national test in reading, mathe10 matics, or any other subject, unless specifically and 

11 explicitly authorized by law. 

12 (3) The Secretary of Education, through 3 sep13 arate initiatives, has created a system of waivers and 

14 grants that influence, incentivize, and coerce State 

15 educational agencies into implementing common na16 tional elementary and secondary standards and as17 sessments endorsed by the Secretary. 

18 (4) The Race to the Top Fund encouraged and 

19 incentivized States to adopt Common Core State 

20 Standards developed by the National Governor’s As21 sociation Center for Best Practices and the Council 

22 of Chief State School Officers. 

23 (5) The Race to the Top Assessment grants 

24 awarded to the Partnership for the Assessment of 

25 Readiness for College and Careers (PARCC) and 
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1 SMARTER Balanced Assessment Consortium 

2 (SMARTER Balance) initiated the development of 

3 Common Core State Standards aligned assessments 

4 that will, in turn, inform and ultimately influence 

5 kindergarten through 12th-grade curriculum and in6 structional materials. 

7 (6) The conditional Elementary and Secondary 

8 Education Act flexibility waiver authority employed 

9 by the Department of Education coerced States into 

10 accepting Common Core State Standards and 

11 aligned assessments. 

12 (b) SENSE OF THE CONGRESS.—It is the sense of 

13 the Congress that States and local educational agencies 

14 should maintain the rights and responsibilities of deter15 mining educational curriculum, programs of instruction, 

16 and assessments for elementary and secondary education. 

17 TITLE I—AID TO LOCAL 

18 EDUCATIONAL AGENCIES 

19 Subtitle A—In General 

20 SEC. 101. TITLE HEADING. 

21 The title heading for title I (20 U.S.C. 6301 et seq.) 

22 is amended to read as follows: 
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1 ‘‘TITLE I—AID TO LOCAL 

2 EDUCATIONAL AGENCIES’’. 

3 SEC. 102. STATEMENT OF PURPOSE. 

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

5 as follows: 

6 ‘‘SEC. 1001. STATEMENT OF PURPOSE. 

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

8 the opportunity to graduate high school prepared for post9 secondary education or the workforce. This purpose can 

10 be accomplished by— 

11 ‘‘(1) meeting the educational needs of low12 achieving children in our Nation’s highest-poverty 

13 schools, English learners, migratory children, chil14 dren with disabilities, Indian children, and neglected 

15 or delinquent children; 

16 ‘‘(2) closing the achievement gap between high17 and low-performing children, especially the achieve18 ment gaps between minority and nonminority stu19 dents, and between disadvantaged children and their 

20 more advantaged peers; 

21 ‘‘(3) affording parents substantial and mean22 ingful opportunities to participate in the education 

23 of their children; and 

24 ‘‘(4) challenging States and local educational 

25 agencies to embrace meaningful, evidence-based edu-
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1 cation reform, while encouraging state and local in2 novation.’’. 

3 SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS. 

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

5 as follows: 

6 ‘‘SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS. 

7 ‘‘(a) ALTERNATIVE USES OF FEDERAL FUNDS FOR

8 STATE EDUCATIONAL AGENCIES.— 

9 ‘‘(1) IN GENERAL.—Subject to subsections (c) 

10 and (d) and notwithstanding any other provision of 

11 law, a State educational agency may use the applica12 ble funding that the agency receives for a fiscal year 

13 to carry out any State activity authorized or re14 quired under one or more of the following provisions: 

15 ‘‘(A) Section 1003. 

16 ‘‘(B) Section 1004. 

17 ‘‘(C) Subpart 2 of part A of title I. 

18 ‘‘(D) Subpart 3 of part A of title I. 

19 ‘‘(E) Subpart 4 of part A of title I. 

20 ‘‘(2) NOTIFICATION.—Not later than June 1 of 

21 each year, a State educational agency shall notify 

22 the Secretary of the State educational agency’s in23 tention to use the applicable funding for any of the 

24 alternative uses under paragraph (1). 

25 ‘‘(3) APPLICABLE FUNDING DEFINED.— 
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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), in this subsection, the term 

3 ‘applicable funding’ means funds provided to 

4 carry out State activities under one or more of 

5 the following provisions. 

6 ‘‘(i) Section 1003. 

7 ‘‘(ii) Section 1004. 

8 ‘‘(iii) Subpart 2 of part A of title I. 

9 ‘‘(iv) Subpart 3 of part A of title I. 

10 ‘‘(v) Subpart 4 of part A of title I. 

11 ‘‘(B) LIMITATION.—In this subsection, the 

12 term ‘applicable funding’ does not include funds 

13 provided under any of the provisions listed in 

14 subparagraph (A) that State educational agen15 cies are required by this Act— 

16 ‘‘(i) to reserve, allocate, or spend for 

17 required activities; 

18 ‘‘(ii) to allocate, allot, or award to 

19 local educational agencies or other entities 

20 eligible to receive such funds; or 

21 ‘‘(iii) to use for technical assistance or 

22 monitoring. 

23 ‘‘(4) DISBURSEMENT.—The Secretary shall dis24 burse the applicable funding to State educational 

25 agencies for alternative uses under paragraph (1) for 
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1 a fiscal year at the same time as the Secretary dis2 burses the applicable funding to State educational 

3 agencies that do not intend to use the applicable 

4 funding for such alternative uses for the fiscal year. 

5 ‘‘(b) ALTERNATIVE USES OF FEDERAL FUNDS FOR

6 LOCAL EDUCATIONAL AGENCIES.— 

7 ‘‘(1) IN GENERAL.—Subject to subsections (c) 

8 and (d) and notwithstanding any other provision of 

9 law, a local educational agency may use the applica10 ble funding that the agency receives for a fiscal year 

11 to carry out any local activity authorized or required 

12 under one or more of the following provisions: 

13 ‘‘(A) Section 1003. 

14 ‘‘(B) Subpart 1 of part A of title I. 

15 ‘‘(C) Subpart 2 of part A of title I. 

16 ‘‘(D) Subpart 3 of part A of title I. 

17 ‘‘(E) Subpart 4 of part A of title I. 

18 ‘‘(2) NOTIFICATION.—A local educational agen19 cy shall notify the State educational agency of the 

20 local educational agency’s intention to use the appli21 cable funding for any of the alternative uses under 

22 paragraph (1) by a date that is established by the 

23 State educational agency for the notification. 

24 ‘‘(3) APPLICABLE FUNDING DEFINED.— 
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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), in this subsection, the term 

3 ‘applicable funding’ means funds provided to 

4 carry out local activities under one or more of 

5 the following provisions: 

6 ‘‘(i) Subpart 2 of part A of title I. 

7 ‘‘(ii) Subpart 3 of part A of title I. 

8 ‘‘(iii) Subpart 4 of part A of title I. 

9 ‘‘(B) LIMITATION.—In this subsection, the 

10 term ‘applicable funding’ does not include funds 

11 provided under any of the provisions listed in 

12 subparagraph (A) that local educational agen13 cies are required by this Act— 

14 ‘‘(i) to reserve, allocate, or spend for 

15 required activities; 

16 ‘‘(ii) to allocate, allot, or award to en17 tities eligible to receive such funds; or 

18 ‘‘(iii) to use for technical assistance or 

19 monitoring. 

20 ‘‘(4) DISBURSEMENT.—Each State educational 

21 agency that receives applicable funding for a fiscal 

22 year shall disburse the applicable funding to local 

23 educational agencies for alternative uses under para24 graph (1) for the fiscal year at the same time as the 

25 State educational agency disburses the applicable 
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1 funding to local educational agencies that do not in2 tend to use the applicable funding for such alter3 native uses for the fiscal year. 

4 ‘‘(c) RULE FOR ADMINISTRATIVE COSTS.—A State 

5 educational agency or a local educational agency shall only 

6 use applicable funding (as defined in subsection (a)(3) or 

7 (b)(3), respectively) for administrative costs incurred in 

8 carrying out a provision listed in subsection (a)(1) or 

9 (b)(1), respectively, to the extent that the agency, in the 

10 absence of this section, could have used funds for adminis11 trative costs with respect to a program listed in subsection 

12 (a)(3) or (b)(3), respectively. 

13 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to relieve a State educational agen15 cy or local educational agency of any requirements relating 

16 to— 

17 ‘‘(1) use of Federal funds to supplement, not 

18 supplant, non-Federal funds; 

19 ‘‘(2) comparability of services; 

20 ‘‘(3) equitable participation of private school 

21 students and teachers; 

22 ‘‘(4) applicable civil rights requirements; 

23 ‘‘(5) section 1113; or 

24 ‘‘(6) section 1111.’’. 
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1 SEC. 104. SCHOOL IMPROVEMENT. 

2 Section 1003 (20 U.S.C. 6303) is amended— 

3 (1) in subsection (a)— 

4 (A) by striking ‘‘2 percent’’ and inserting 

5 ‘‘7 percent’’; and 

6 (B) by striking ‘‘subpart 2 of part A’’ and 

7 all that follows through ‘‘sections 1116 and 

8 1117,’’ and inserting ‘‘chapter B of subpart 1 

9 of part A for each fiscal year to carry out sub10 section (b),’’; 

11 (2) in subsection (b)— 

12 (A) in paragraph (1), by striking ‘‘for 

13 schools identified for school improvement, cor14 rective action, and restructuring, for activities 

15 under section 1116(b)’’ and inserting ‘‘to carry 

16 out the State’s system of school improvement 

17 under section 1111(b)(3)(B)(iii)’’; and 

18 (B) in paragraph (2), by striking ‘‘or edu19 cational service agencies’’ and inserting ‘‘, edu20 cational service agencies, or non-profit or for21 profit external providers with expertise in using 

22 evidence-based or other effective strategies to 

23 improve student achievement’’; 

24 (3) in subsection (c)— 

25 (A) in paragraph (1), by inserting ‘‘and’’ 

26 at the end; 
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1 (B) in paragraph (2), by striking ‘‘need for 

2 such funds; and’’ and inserting ‘‘commitment to 

3 using such funds to improve such schools.’’; and 

4 (C) by striking paragraph (3); 

5 (4) in subsection (d)(1), by striking ‘‘subpart 2 

6 of part A;’’ and inserting ‘‘chapter B of subpart 1 

7 of part A;’’; 

8 (5) in subsection (e)— 

9 (A) by striking ‘‘in any fiscal year’’ and in10 serting ‘‘in fiscal year 2015 and each subse11 quent fiscal year’’; 

12 (B) by striking ‘‘subpart 2’’ and inserting 

13 ‘‘chapter B of subpart 1 of part A’’; and 

14 (C) by striking ‘‘such subpart’’ and insert15 ing ‘‘such chapter’’; 

16 (6) in subsection (f), by striking ‘‘and the per17 centage of students from each school from families 

18 with incomes below the poverty line’’; and 

19 (7) by striking subsection (g). 

20 SEC. 105. DIRECT STUDENT SERVICES. 

21 The Act (20 U.S.C. 6301 et seq.) is amended by in22 serting after section 1003 the following: 

23 ‘‘SEC. 1003A. DIRECT STUDENT SERVICES. 

24 ‘‘(a) STATE RESERVATION.—Each State shall reserve 

25 3 percent of the amount the State receives under chapter 
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1 B of subpart 1 of part A for each fiscal year to carry 

2 out this section. Of such reserved funds, the State edu3 cational agency may use up to 1 percent to administer 

4 direct student services. 

5 ‘‘(b) DIRECT STUDENT SERVICES.—From the 

6 amount available after the application of subsection (a), 

7 each State shall award grants in accordance with this sec8 tion to local educational agencies to support direct student 

9 services. 

10 ‘‘(c) AWARDS.—The State educational agency shall 

11 award grants to geographically diverse local educational 

12 agencies including suburban, rural, and urban local edu13 cational agencies. If there are not enough funds to award 

14 all applicants in a sufficient size and scope to run an effec15 tive direct student services program, the State shall 

16 prioritize awards to local educational agencies with the 

17 greatest number of neglected, delinquent, migrant stu18 dents, English learners, at-risk students, and Native 

19 Americans, to increase academic achievement of such stu20 dents. 

21 ‘‘(d) LOCAL USE OF FUNDS.—A local educational 

22 agency receiving an award under this section— 

23 ‘‘(1) shall use up to 1 percent of each award for 

24 outreach and communication to parents about their 
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1 options and to register students for direct student 

2 services; 

3 ‘‘(2) may use not more than 2 percent of each 

4 award for administrative costs related to direct stu5 dent services; and 

6 ‘‘(3) shall use the remainder of the award to 

7 pay the transportation required to provide public 

8 school choice or the hourly rate for high-quality aca9 demic tutoring services, as determined by a provider 

10 on the State-approved list required under subsection 

11 (f)(2). 

12 ‘‘(e) APPLICATION.—A local educational agency de13 siring to receive an award under subsection (b) shall sub14 mit an application describing how the local educational 

15 agency will— 

16 ‘‘(1) provide adequate outreach to ensure par17 ents can exercise a meaningful choice of direct stu18 dent services for their child’s education; 

19 ‘‘(2) ensure parents have adequate time and in20 formation to make a meaningful choice prior to en21 rolling their child in a direct student service; 

22 ‘‘(3) ensure sufficient availability of seats in the 

23 public schools the local educational agency will make 

24 available for public school choice options; 
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1 ‘‘(4) determine the requirements or criteria for 

2 student eligibility for direct student services; 

3 ‘‘(5) select a variety of providers of high-quality 

4 academic tutoring from the State-approved list re5 quired under subsection (f)(2) and ensure fair nego6 tiations in selecting such providers of high-quality 

7 academic tutoring, including online, on campus, and 

8 other models of tutoring which provide meaningful 

9 choices to parents to find the best service for their 

10 child; and 

11 ‘‘(6) develop an estimated per pupil expenditure 

12 available for eligible students to use toward high13 quality academic tutoring which shall allow for an 

14 adequate level of services to increase academic 

15 achievement from a variety of high-quality academic 

16 tutoring providers. 

17 ‘‘(f) PROVIDERS AND SCHOOLS.—The State— 

18 ‘‘(1) shall ensure that each local educational 

19 agency receiving an award to provide public school 

20 choice can provide a sufficient number of options to 

21 provide a meaningful choice for parents; 

22 ‘‘(2) shall compile a list of State-approved high23 quality academic tutoring providers that includes on24 line, on campus, and other models of tutoring; and 
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1 ‘‘(3) shall ensure that each local educational 

2 agency receiving an award will provide an adequate 

3 number of high-quality academic tutoring options to 

4 ensure parents have a meaningful choice of serv5 ices.’’. 

6 SEC. 106. STATE ADMINISTRATION. 

7 Section 1004 (20 U.S.C. 6304) is amended to read 

8 as follows: 

9 ‘‘SEC. 1004. STATE ADMINISTRATION. 

10 ‘‘(a) IN GENERAL.—Except as provided in subsection 

11 (b), to carry out administrative duties assigned under sub12 parts 1, 2, and 3 of part A of this title, each State may 

13 reserve the greater of— 

14 ‘‘(1) 1 percent of the amounts received under 

15 such subparts; or 

16 ‘‘(2) $400,000 ($50,000 in the case of each 

17 outlying area). 

18 ‘‘(b) EXCEPTION.—If the sum of the amounts re19 served under subparts 1, 2, and 3 of part A of this title 

20 is equal to or greater than $14,000,000,000, then the res21 ervation described in subsection (a)(1) shall not exceed 1 

22 percent of the amount the State would receive if 

23 $14,000,000,000 were allocated among the States for sub24 parts 1, 2, and 3 of part A of this title.’’. 
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1 Subtitle B—Improving the Aca2 demic Achievement of the Dis3 advantaged 

4 SEC. 111. PART A HEADINGS. 

5 (a) PART HEADING.—The part heading for part A 

6 of title I (20 U.S.C. 6311 et seq.) is amended to read 

7 as follows: 

8 ‘‘PART A—IMPROVING THE ACADEMIC 

9 ACHIEVEMENT OF THE DISADVANTAGED’’. 

10 (b) SUBPART 1 HEADING.—The Act is amended by 

11 striking the subpart heading for subpart 1 of part A of 

12 title I (20 U.S.C. 6311 et seq.) and inserting the following: 

13 ‘‘Subpart 1—Improving Basic Programs Operated by 

14 Local Educational Agencies 

15 ‘‘CHAPTER A—BASIC PROGRAM 

16 REQUIREMENTS’’. 

17 (c) SUBPART 2 HEADING.—The Act is amended by 

18 striking the subpart heading for subpart 2 of part A of 

19 title I (20 U.S.C. 6331 et seq.) and inserting the following: 

20 ‘‘CHAPTER B—ALLOCATIONS’’. 

21 SEC. 112. STATE PLANS. 

22 Section 1111 (20 U.S.C. 6311) is amended to read 

23 as follows: 

24 ‘‘SEC. 1111. STATE PLANS. 

25 ‘‘(a) PLANS REQUIRED.— 
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1 ‘‘(1) IN GENERAL.—For any State desiring to 

2 receive a grant under this subpart, the State edu3 cational agency shall submit to the Secretary a plan, 

4 developed by the State educational agency, in con5 sultation with local educational agencies, teachers, 

6 school leaders, public charter school representatives, 

7 specialized instructional support personnel, other ap8 propriate school personnel, parents, private sector 

9 employers, and entrepreneurs, that satisfies the re10 quirements of this section and that is coordinated 

11 with other programs under this Act, the Individuals 

12 with Disabilities Education Act, the Carl D. Perkins 

13 Career and Technical Education Act of 2006, the 

14 Head Start Act, the Adult Education and Family 

15 Literacy Act, and the McKinney-Vento Homeless 

16 Assistance Act. 

17 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub18 mitted under paragraph (1) may be submitted as 

19 part of a consolidated plan under section 5302. 

20 ‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESS21 MENTS, AND STATE ACCOUNTABILITY.— 

22 ‘‘(1) ACADEMIC STANDARDS.— 

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

24 demonstrate that the State has adopted aca25 demic content standards and academic achieve-
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1 ment standards aligned with such content 

2 standards that comply with the requirements of 

3 this paragraph. 

4 ‘‘(B) SUBJECTS.—The State shall have 

5 such academic standards for mathematics, read6 ing or language arts, and science, and may have 

7 such standards for any other subject deter8 mined by the State. 

9 ‘‘(C) REQUIREMENTS.—The standards de10 scribed in subparagraph (A) shall— 

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

12 public school students in the State; and 

13 ‘‘(ii) with respect to academic achieve14 ment standards, include the same knowl15 edge, skills, and levels of achievement ex16 pected of all public school students in the 

17 State. 

18 ‘‘(D) ALTERNATE ACADEMIC ACHIEVE19 MENT STANDARDS.—Notwithstanding any other 

20 provision of this paragraph, a State may, 

21 through a documented and validated standards22 setting process, adopt alternate academic 

23 achievement standards for students with the 

24 most significant cognitive disabilities, if— 
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1 ‘‘(i) the determination about whether 

2 the achievement of an individual student 

3 should be measured against such standards 

4 is made separately for each student; and 

5 ‘‘(ii) such standards— 

6 ‘‘(I) are aligned with the State 

7 academic standards required under 

8 subparagraph (A); 

9 ‘‘(II) promote access to the gen10 eral curriculum; and 

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

14 ‘‘(E) ENGLISH LANGUAGE PROFICIENCY

15 STANDARDS.—Each State plan shall describe 

16 how the State educational agency will establish 

17 English language proficiency standards that 

18 are— 

19 ‘‘(i) derived from the four recognized 

20 domains of speaking, listening, reading, 

21 and writing; and 

22 ‘‘(ii) aligned with the State’s academic 

23 content standards in reading or language 

24 arts under subparagraph (A). 

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

2 demonstrate that the State educational agency, 

3 in consultation with local educational agencies, 

4 has implemented a set of high-quality student 

5 academic assessments in mathematics, reading 

6 or language arts, and science. At the State’s 

7 discretion, the State plan may also demonstrate 

8 that the State has implemented such assess9 ments in any other subject chosen by the State. 

10 ‘‘(B) REQUIREMENTS.—Such assessments 

11 shall— 

12 ‘‘(i) in the case of mathematics and 

13 reading or language arts, be used in deter14 mining the performance of each local edu15 cational agency and public school in the 

16 State in accordance with the State’s ac17 countability system under paragraph (3); 

18 ‘‘(ii) be the same academic assess19 ments used to measure the academic 

20 achievement of all public school students in 

21 the State; 

22 ‘‘(iii) be aligned with the State’s aca23 demic standards and provide coherent and 

24 timely information about student attain25 ment of such standards; 
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1 ‘‘(iv) be used for purposes for which 

2 such assessments are valid and reliable, be 

3 of adequate technical quality for each pur4 pose required under this Act, and be con5 sistent with relevant, nationally recognized 

6 professional and technical standards; 

7 ‘‘(v)(I) in the case of mathematics 

8 and reading or language arts, be adminis9 tered in each of grades 3 through 8 and at 

10 least once in grades 9 through 12; 

11 ‘‘(II) in the case of science, be admin12 istered not less than one time during— 

13 ‘‘(aa) grades 3 through 5; 

14 ‘‘(bb) grades 6 through 9; and 

15 ‘‘(cc) grades 10 through 12; and 

16 ‘‘(III) in the case of any other subject 

17 chosen by the State, be administered at the 

18 discretion of the State; 

19 ‘‘(vi) measure individual student aca20 demic proficiency and, at the State’s dis21 cretion, growth; 

22 ‘‘(vii) at the State’s discretion— 

23 ‘‘(I) be administered through a 

24 single annual summative assessment; 

25 or 
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1 ‘‘(II) be administered through 

2 multiple assessments during the 

3 course of the academic year that re4 sult in a single summative score that 

5 provides valid, reliable, and trans6 parent information on student 

7 achievement; 

8 ‘‘(viii) include measures that assess 

9 higher-order thinking skills and under10 standing; 

11 ‘‘(ix) provide for— 

12 ‘‘(I) the participation in such as13 sessments of all students; 

14 ‘‘(II) the reasonable adaptations 

15 and accommodations for students with 

16 disabilities necessary to measure the 

17 academic achievement of such stu18 dents relative to the State’s academic 

19 standards; and 

20 ‘‘(III) the inclusion of English 

21 learners, who shall be assessed in a 

22 valid and reliable manner and pro23 vided reasonable accommodations, in24 cluding, to the extent practicable, as25 sessments in the language and form 
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1 most likely to yield accurate and reli2 able information on what such stu3 dents know and can do in academic 

4 content areas, until such students 

5 have achieved English language pro6 ficiency, as assessed by the State 

7 under subparagraph (D); 

8 ‘‘(x) notwithstanding clause (ix)(III), 

9 provide for the assessment of reading or 

10 language arts in English for English learn11 ers who have attended school in the United 

12 States (not including Puerto Rico) for 3 or 

13 more consecutive school years, except that 

14 a local educational agency may, on a case15 by-case basis, provide for the assessment of 

16 reading or language arts for each such stu17 dent in a language other than English for 

18 a period not to exceed 2 additional con19 secutive years if the assessment would be 

20 more likely to yield accurate and reliable 

21 information on what such student knows 

22 and can do, provided that such student has 

23 not yet reached a level of English language 

24 proficiency sufficient to yield valid and reli25 able information on what such student 
30 

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1 knows and can do on reading or language 

2 arts assessments written in English; 

3 ‘‘(xi) produce individual student inter4 pretive, descriptive, and diagnostic reports 

5 regarding achievement on such assess6 ments that allow parents, teachers, and 

7 school leaders to understand and address 

8 the specific academic needs of students, 

9 and that are provided to parents, teachers, 

10 and school leaders, as soon as is prac11 ticable after the assessment is given, in an 

12 understandable and uniform format, and 

13 to the extent practicable, in a language 

14 that parents can understand; 

15 ‘‘(xii) enable results to be 

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

18 each major racial and ethnic group, by 

19 English language proficiency status, by mi20 grant status, by status as a student with 

21 a disability, and by economically disadvan22 taged status, except that, in the case of a 

23 local educational agency or a school, such 

24 disaggregation shall not be required in a 

25 case in which the number of students in a 
31 

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1 category is insufficient to yield statistically 

2 reliable information or the results would 

3 reveal personally identifiable information 

4 about an individual student; 

5 ‘‘(xiii) be administered to not less 

6 than 95 percent of all students, and not 

7 less than 95 percent of each subgroup of 

8 students described in paragraph 

9 (3)(B)(ii)(II); and 

10 ‘‘(xiv) where practicable, be developed 

11 using the principles of universal design for 

12 learning as defined in section 103(24) of 

13 the Higher Education Act of 1965 (20 

14 U.S.C. 1003(24)). 

15 ‘‘(C) ALTERNATE ASSESSMENTS.—A State 

16 may provide for alternate assessments aligned 

17 with the alternate academic standards adopted 

18 in accordance with paragraph (1)(D), for stu19 dents with the most significant cognitive dis20 abilities, if the State— 

21 ‘‘(i) establishes and monitors imple22 mentation of clear and appropriate guide23 lines for individualized education program 

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

25 of the Individuals with Disabilities Edu-
32 

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1 cation Act) to apply when determining 

2 when a child’s significant cognitive dis3 ability justifies assessment based on alter4 nate achievement standards; 

5 ‘‘(ii) ensures that the parents of such 

6 students are informed that— 

7 ‘‘(I) their child’s academic 

8 achievement will be measured against 

9 such alternate standards; and 

10 ‘‘(II) whether participation in 

11 such assessments precludes the stu12 dent from completing the require13 ments for a regular high school di14 ploma; 

15 ‘‘(iii) demonstrates that such students 

16 are, to the extent practicable, included in 

17 the general curriculum and that such alter18 nate assessments are aligned with such 

19 curriculum; 

20 ‘‘(iv) develops, disseminates informa21 tion about, and promotes the use of appro22 priate accommodations to increase the 

23 number of students with disabilities who 

24 are tested against academic achievement 
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1 standards for the grade in which a student 

2 is enrolled; and 

3 ‘‘(v) ensures that regular and special 

4 education teachers and other appropriate 

5 staff know how to administer the alternate 

6 assessments, including making appropriate 

7 use of accommodations for students with 

8 disabilities. 

9 ‘‘(D) ASSESSMENTS OF ENGLISH LAN10 GUAGE PROFICIENCY.— 

11 ‘‘(i) IN GENERAL.—Each State plan 

12 shall demonstrate that local educational 

13 agencies in the State will provide for an 

14 annual assessment of English proficiency 

15 of all English learners in the schools 

16 served by the State educational agency. 

17 ‘‘(ii) ALIGNMENT.—The assessments 

18 described in clause (i) shall be aligned with 

19 the State’s English language proficiency 

20 standards described in paragraph (1)(E). 

21 ‘‘(E) LANGUAGE ASSESSMENTS.—Each 

22 State plan shall identify the languages other 

23 than English that are present in the partici24 pating student population and indicate the lan25 guages for which yearly student academic as-
34 

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1 sessments are not available and are needed. 

2 The State shall make every effort to develop 

3 such assessments and may request assistance 

4 from the Secretary if linguistically accessible 

5 academic assessment measures are needed. 

6 Upon request, the Secretary shall assist with 

7 the identification of appropriate academic as8 sessment measures in the needed languages, but 

9 shall not mandate a specific academic assess10 ment or mode of instruction. 

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

12 may develop and administer computer adaptive 

13 assessments as the assessments required under 

14 subparagraph (A). If a State develops and ad15 ministers a computer adaptive assessment for 

16 such purposes, the assessment shall meet the 

17 requirements of this paragraph, except as fol18 lows: 

19 ‘‘(i) Notwithstanding subparagraph 

20 (B)(iii), the assessment— 

21 ‘‘(I) shall measure, at a min22 imum, each student’s academic pro23 ficiency against the State’s academic 

24 standards for the student’s grade level 
35 

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1 and growth toward such standards; 

2 and 

3 ‘‘(II) if the State chooses, may be 

4 used to measure the student’s level of 

5 academic proficiency and growth 

6 using assessment items above or below 

7 the student’s grade level, including for 

8 use as part of a State’s accountability 

9 system under paragraph (3). 

10 ‘‘(ii) Subparagraph (B)(ii) shall not 

11 be interpreted to require that all students 

12 taking the computer adaptive assessment 

13 be administered the same assessment 

14 items. 

15 ‘‘(3) STATE ACCOUNTABILITY SYSTEMS.— 

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

17 demonstrate that the State has developed and is 

18 implementing a single, statewide accountability 

19 system to ensure that all public school students 

20 graduate from high school prepared for postsec21 ondary education or the workforce without the 

22 need for remediation. 

23 ‘‘(B) ELEMENTS.—Each State account24 ability system described in subparagraph (A) 

25 shall at a minimum— 
36 

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1 ‘‘(i) annually measure the academic 

2 achievement of all public school students in 

3 the State against the State’s mathematics 

4 and reading or language arts academic 

5 standards adopted under paragraph (1), 

6 which may include measures of student 

7 growth toward such standards, using the 

8 mathematics and reading or language arts 

9 assessments described in paragraph (2)(B) 

10 and other valid and reliable academic indi11 cators related to student achievement as 

12 identified by the State; 

13 ‘‘(ii) annually evaluate and identify 

14 the academic performance of each public 

15 school in the State based on— 

16 ‘‘(I) student academic achieve17 ment as measured in accordance with 

18 clause (i); 

19 ‘‘(II) the overall performance, 

20 and achievement gaps as compared to 

21 all students in the school, for eco22 nomically disadvantaged students, stu23 dents from major racial and ethnic 

24 groups, students with disabilities, and 

25 English learners, except that 
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1 disaggregation of data under this sub2 clause shall not be required in a case 

3 in which the number of students in a 

4 category is insufficient to yield statis5 tically reliable information or the re6 sults would reveal personally identifi7 able information about an individual 

8 student; and 

9 ‘‘(III) other measures of school 

10 success; and 

11 ‘‘(iii) include a system for school im12 provement for low-performing public 

13 schools receiving funds under this subpart 

14 that— 

15 ‘‘(I) implements interventions in 

16 such schools that are designed to ad17 dress such schools’ weaknesses; and 

18 ‘‘(II) is implemented by local 

19 educational agencies serving such 

20 schools. 

21 ‘‘(C) PROHIBITION.—Nothing in this sec22 tion shall be construed to permit the Secretary 

23 to establish any criteria that specifies, defines, 

24 or prescribes any aspect of a State’s account-
38 

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1 ability system developed and implemented in ac2 cordance with this paragraph. 

3 ‘‘(D) ACCOUNTABILITY FOR CHARTER

4 SCHOOLS.—The accountability provisions under 

5 this Act shall be overseen for charter schools in 

6 accordance with State charter school law. 

7 ‘‘(4) REQUIREMENTS.—Each State plan shall 

8 describe— 

9 ‘‘(A) how the State educational agency will 

10 assist each local educational agency and each 

11 public school affected by the State plan to com12 ply with the requirements of this subpart, in13 cluding how the State educational agency will 

14 work with local educational agencies to provide 

15 technical assistance; and 

16 ‘‘(B) how the State educational agency will 

17 ensure that the results of the State assessments 

18 described in paragraph (2), the other indicators 

19 selected by the State under paragraph 

20 (3)(B)(i), and the school evaluations described 

21 in paragraph (3)(B)(ii), will be promptly pro22 vided to local educational agencies, schools, 

23 teachers, and parents in a manner that is clear 

24 and easy to understand, but not later than be25 fore the beginning of the school year following 
39 

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1 the school year in which such assessments, 

2 other indicators, or evaluations are taken or 

3 completed. 

4 ‘‘(5) TIMELINE FOR IMPLEMENTATION.—Each 

5 State plan shall describe the process by which the 

6 State will adopt and implement the State academic 

7 standards, assessments, and accountability system 

8 required under this section within 2 years of enact9 ment of the Student Success Act. 

10 ‘‘(6) EXISTING STANDARDS.—Nothing in this 

11 subpart shall prohibit a State from revising, con12 sistent with this section, any standard adopted 

13 under this section before or after the date of enact14 ment of the Student Success Act. 

15 ‘‘(7) EXISTING STATE LAW.—Nothing in this 

16 section shall be construed to alter any State law or 

17 regulation granting parents authority over schools 

18 that repeatedly failed to make adequate yearly 

19 progress under this section, as in effect on the day 

20 before the date of the enactment of the Student Suc21 cess Act. 

22 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING

23 AND LEARNING.—Each State plan shall contain assur24 ances that— 
40 

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1 ‘‘(1) the State will notify local educational 

2 agencies, schools, teachers, parents, and the public 

3 of the academic standards, academic assessments, 

4 and State accountability system developed and im5 plemented under this section; 

6 ‘‘(2) the State will participate in biennial State 

7 academic assessments of 4th and 8th grade reading 

8 and mathematics under the National Assessment of 

9 Educational Progress carried out under section 

10 303(b)(2) of the National Assessment of Edu11 cational Progress Authorization Act if the Secretary 

12 pays the costs of administering such assessments; 

13 ‘‘(3) the State educational agency will notify 

14 local educational agencies and the public of the au15 thority to operate schoolwide programs; 

16 ‘‘(4) the State educational agency will provide 

17 the least restrictive and burdensome regulations for 

18 local educational agencies and individual schools par19 ticipating in a program assisted under this subpart; 

20 ‘‘(5) the State educational agency will encour21 age schools to consolidate funds from other Federal, 

22 State, and local sources for schoolwide reform in 

23 schoolwide programs under section 1114; 

24 ‘‘(6) the State educational agency will modify or 

25 eliminate State fiscal and accounting barriers so 
41 

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1 that schools can easily consolidate funds from other 

2 Federal, State, and local sources for schoolwide pro3 grams under section 1114; and 

4 ‘‘(7) the State educational agency will inform 

5 local educational agencies in the State of the local 

6 educational agency’s authority to transfer funds 

7 under section 1002 and to obtain waivers under sec8 tion 5401. 

9 ‘‘(d) PARENTAL INVOLVEMENT.—Each State plan 

10 shall describe how the State educational agency will sup11 port the collection and dissemination to local educational 

12 agencies and schools of effective parental involvement 

13 practices. Such practices shall— 

14 ‘‘(1) be based on the most current research that 

15 meets the highest professional and technical stand16 ards on effective parental involvement that fosters 

17 achievement to high standards for all children; 

18 ‘‘(2) be geared toward lowering barriers to 

19 greater participation by parents in school planning, 

20 review, and improvement; and 

21 ‘‘(3) be coordinated with programs funded 

22 under subpart 3 of part A of title III. 

23 ‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.— 

24 ‘‘(1) ESTABLISHMENT.—Notwithstanding sec25 tion 5543, the Secretary shall— 
42 

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1 ‘‘(A) establish a peer-review process to as2 sist in the review of State plans; and 

3 ‘‘(B) appoint individuals to the peer-review 

4 process who are representative of parents, 

5 teachers, State educational agencies, local edu6 cational agencies, and private sector employers 

7 (including representatives of entrepreneurial 

8 ventures), and who are familiar with edu9 cational standards, assessments, accountability, 

10 the needs of low-performing schools, and other 

11 educational needs of students, and ensure that 

12 65 percent of such appointees are practitioners 

13 and 10 percent are representatives of private 

14 sector employers. 

15 ‘‘(2) APPROVAL.—The Secretary shall— 

16 ‘‘(A) approve a State plan within 120 days 

17 of its submission; 

18 ‘‘(B) disapprove of the State plan only if 

19 the Secretary demonstrates how the State plan 

20 fails to meet the requirements of this section 

21 and immediately notifies the State of such de22 termination and the reasons for such deter23 mination; 

24 ‘‘(C) not decline to approve a State’s plan 

25 before— 
43 

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1 ‘‘(i) offering the State an opportunity 

2 to revise its plan; 

3 ‘‘(ii) providing technical assistance in 

4 order to assist the State to meet the re5 quirements of this section; and 

6 ‘‘(iii) providing a hearing; and 

7 ‘‘(D) have the authority to disapprove a 

8 State plan for not meeting the requirements of 

9 this subpart, but shall not have the authority to 

10 require a State, as a condition of approval of 

11 the State plan, to include in, or delete from, 

12 such plan one or more specific elements of the 

13 State’s academic standards or State account14 ability system, or to use specific academic as15 sessments or other indicators. 

16 ‘‘(3) STATE REVISIONS.—A State plan shall be 

17 revised by the State educational agency if it is nec18 essary to satisfy the requirements of this section. 

19 ‘‘(4) PUBLIC REVIEW.—All communications, 

20 feedback, and notifications under this subsection 

21 shall be conducted in a manner that is immediately 

22 made available to the public through the website of 

23 the Department, including— 

24 ‘‘(A) peer review guidance; 

25 ‘‘(B) the names of the peer reviewers; 
44 

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1 ‘‘(C) State plans submitted or resubmitted 

2 by a State, including the current approved 

3 plans; 

4 ‘‘(D) peer review notes; 

5 ‘‘(E) State plan determinations by the Sec6 retary, including approvals or disapprovals, and 

7 any deviations from the peer reviewers’ rec8 ommendations with an explanation of the devi9 ation; and 

10 ‘‘(F) hearings. 

11 ‘‘(5) PROHIBITION.—The Secretary, and the 

12 Secretary’s staff, may not attempt to participate in, 

13 or influence, the peer review process. No Federal 

14 employee may participate in, or attempt to influence 

15 the peer review process, except to respond to ques16 tions of a technical nature, which shall be publicly 

17 reported. 

18 ‘‘(f) DURATION OF THE PLAN.— 

19 ‘‘(1) IN GENERAL.—Each State plan shall— 

20 ‘‘(A) remain in effect for the duration of 

21 the State’s participation under this subpart; 

22 and 

23 ‘‘(B) be periodically reviewed and revised 

24 as necessary by the State educational agency to 
45 

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1 reflect changes in the State’s strategies and 

2 programs under this subpart. 

3 ‘‘(2) ADDITIONAL INFORMATION.—If a State 

4 makes significant changes to its State plan, such as 

5 the adoption of new State academic standards or 

6 new academic assessments, or adopts a new State 

7 accountability system, such information shall be sub8 mitted to the Secretary under subsection (e)(2) for 

9 approval. 

10 ‘‘(g) FAILURE TO MEET REQUIREMENTS.—If a 

11 State fails to meet any of the requirements of this section 

12 then the Secretary shall withhold funds for State adminis13 tration under this subpart until the Secretary determines 

14 that the State has fulfilled those requirements. 

15 ‘‘(h) REPORTS.— 

16 ‘‘(1) ANNUAL STATE REPORT CARD.— 

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

18 assistance under this subpart shall prepare and 

19 disseminate an annual State report card. Such 

20 dissemination shall include, at a minimum, pub21 licly posting the report card on the home page 

22 of the State educational agency’s website. 

23 ‘‘(B) IMPLEMENTATION.—The State report 

24 card shall be— 

25 ‘‘(i) concise; and 
46 

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1 ‘‘(ii) presented in an understandable 

2 and uniform format that is developed in 

3 consultation with parents and, to the ex4 tent practicable, provided in a language 

5 that parents can understand. 

6 ‘‘(C) REQUIRED INFORMATION.—The 

7 State shall include in its annual State report 

8 card information on— 

9 ‘‘(i) the performance of students, in 

10 the aggregate and disaggregated by the 

11 categories of students described in sub12 section (b)(2)(B)(xii) (except that such 

13 disaggregation shall not be required in a 

14 case in which the number of students in a 

15 category is insufficient to yield statistically 

16 reliable information or the results would 

17 reveal personally identifiable information 

18 about an individual student), on the State 

19 academic assessments described in sub20 section (b)(2); 

21 ‘‘(ii) the participation rate on such as22 sessments, in the aggregate and 

23 disaggregated in accordance with clause 

24 (i); 
47 

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1 ‘‘(iii) the performance of students, in 

2 the aggregate and disaggregated in accord3 ance with clause (i), on other academic in4 dicators described in subsection 

5 (b)(3)(B)(i); 

6 ‘‘(iv) for each public high school in 

7 the State, in the aggregate and 

8 disaggregated in accordance with clause 

9 (i)— 

10 ‘‘(I) the four-year adjusted co11 hort graduation rate, and 

12 ‘‘(II) if applicable, the extended13 year adjusted cohort graduation rate, 

14 reported separately for students grad15 uating in 5 years or less, students 

16 graduating in 6 years or less, and stu17 dents graduating in 7 or more years; 

18 ‘‘(v) each public school’s evaluation 

19 results as determined in accordance with 

20 subsection (b)(3)(B)(ii); 

21 ‘‘(vi) the acquisition of English pro22 ficiency by English learners; 

23 ‘‘(vii) the number and percentage of 

24 teachers in each category established under 

25 clause (iii) of section 2123(1)(A), except 
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1 that such information shall not reveal per2 sonally identifiable information about an 

3 individual teacher; and 

4 ‘‘(viii) the results of the assessments 

5 described in subsection (c)(2). 

6 ‘‘(D) OPTIONAL INFORMATION.—The State 

7 may include in its annual State report card 

8 such other information as the State believes will 

9 best provide parents, students, and other mem10 bers of the public with information regarding 

11 the progress of each of the State’s public ele12 mentary schools and public secondary schools, 

13 such as the number of students enrolled in each 

14 public secondary school in the State attaining 

15 career and technical proficiencies, as defined in 

16 section 113(b)(2)(A) of the Carl D. Perkins Ca17 reer and Technical Education Act of 2006, and 

18 reported by the State in a manner consistent 

19 with section 113(c) of such Act. 

20 ‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY

21 REPORT CARDS.— 

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

23 agency that receives assistance under this sub24 part shall prepare and disseminate an annual 

25 local educational agency report card. 
49 

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1 ‘‘(B) MINIMUM REQUIREMENTS.—The 

2 State educational agency shall ensure that each 

3 local educational agency collects appropriate 

4 data and includes in the local educational agen5 cy’s annual report the information described in 

6 paragraph (1)(C) as applied to the local edu7 cational agency and each school served by the 

8 local educational agency, and— 

9 ‘‘(i) in the case of a local educational 

10 agency, information that shows how stu11 dents served by the local educational agen12 cy achieved on the statewide academic as13 sessment and other academic indicators 

14 adopted in accordance with subsection 

15 (b)(3)(B)(i) compared to students in the 

16 State as a whole; and 

17 ‘‘(ii) in the case of a school, the 

18 school’s evaluation under subsection 

19 (b)(3)(B)(ii). 

20 ‘‘(C) OTHER INFORMATION.—A local edu21 cational agency may include in its annual local 

22 educational agency report card any other appro23 priate information, whether or not such infor24 mation is included in the annual State report 

25 card. 
50 

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1 ‘‘(D) DATA.—A local educational agency 

2 or school shall only include in its annual local 

3 educational agency report card data that are 

4 sufficient to yield statistically reliable informa5 tion, as determined by the State, and that do 

6 not reveal personally identifiable information 

7 about an individual student. 

8 ‘‘(E) PUBLIC DISSEMINATION.—The local 

9 educational agency shall publicly disseminate 

10 the information described in this paragraph to 

11 all schools served by the local educational agen12 cy and to all parents of students attending 

13 those schools in an understandable and uniform 

14 format, and, to the extent practicable, in a lan15 guage that parents can understand, and make 

16 the information widely available through public 

17 means, such as posting on the Internet, dis18 tribution to the media, and distribution through 

19 public agencies, except that if a local edu20 cational agency issues a report card for all stu21 dents, the local educational agency may include 

22 the information under this section as part of 

23 such report. 

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

25 educational agency or local educational agency may 
51 

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1 use public report cards on the performance of stu2 dents, schools, local educational agencies, or the 

3 State, that were in effect prior to the enactment of 

4 the Student Success Act for the purpose of this sub5 section, so long as any such report card is modified, 

6 as may be needed, to contain the information re7 quired by this subsection. 

8 ‘‘(4) PARENTS RIGHT-TO-KNOW.— 

9 ‘‘(A) ACHIEVEMENT INFORMATION.—At 

10 the beginning of each school year, a school that 

11 receives funds under this subpart shall provide 

12 to each individual parent information on the 

13 level of achievement of the parent’s child in 

14 each of the State academic assessments and 

15 other academic indicators adopted in accord16 ance with this subpart. 

17 ‘‘(B) FORMAT.—The notice and informa18 tion provided to parents under this paragraph 

19 shall be in an understandable and uniform for20 mat and, to the extent practicable, provided in 

21 a language that the parents can understand. 

22 ‘‘(i) PRIVACY.—Information collected under this sec23 tion shall be collected and disseminated in a manner that 

24 protects the privacy of individuals consistent with section 

25 444 of the General Education Provisions Act. 
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1 ‘‘(j) VOLUNTARY PARTNERSHIPS.—A State may 

2 enter into a voluntary partnership with another State to 

3 develop and implement the academic standards and as4 sessments required under this section, except that the Sec5 retary shall not, either directly or indirectly, attempt to 

6 influence, incentivize, or coerce State— 

7 ‘‘(1) adoption of the Common Core State 

8 Standards developed under the Common Core State 

9 Standards Initiative, any other academic standards 

10 common to a significant number of States, or assess11 ments tied to such standards; or 

12 ‘‘(2) participation in any such partnerships. 

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

19 be used by each school operated or funded by the Bureau 

20 of Indian Education receiving funds under this subpart, 

21 the following shall apply: 

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

23 State in which it is operating shall use the assess24 ments and other academic indicators the State has 

25 developed and implemented to meet the require-
53 

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1 ments of this section, or such other appropriate as2 sessment and academic indicators as approved by 

3 the Secretary of the Interior. 

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

5 regional accrediting organization shall adopt an ap6 propriate assessment and other academic indicators, 

7 in consultation with and with the approval of, the 

8 Secretary of the Interior and consistent with assess9 ments and academic indicators adopted by other 

10 schools in the same State or region, that meet the 

11 requirements of this section. 

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

13 tribal accrediting agency or tribal division of edu14 cation shall use an assessment and other academic 

15 indicators developed by such agency or division, ex16 cept that the Secretary of the Interior shall ensure 

17 that such assessment and academic indicators meet 

18 the requirements of this section.’’. 

19 SEC. 113. 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 subpart for any 
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1 fiscal year only if such agency has on file with the 

2 State educational agency a plan, approved by the 

3 State educational agency, that is coordinated with 

4 other programs under this Act, the Individuals with 

5 Disabilities Education Act, the Carl D. Perkins Ca6 reer and Technical Education Act of 2006, the 

7 McKinney-Vento Homeless Assistance Act, and 

8 other Acts, as appropriate. 

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

10 may be submitted as part of a consolidated applica11 tion under section 5305. 

12 ‘‘(b) PLAN PROVISIONS.—Each local educational 

13 agency plan shall describe— 

14 ‘‘(1) how the local educational agency will mon15 itor, in addition to the State assessments described 

16 in section 1111(b)(2), students’ progress in meeting 

17 the State’s academic standards; 

18 ‘‘(2) how the local educational agency will iden19 tify quickly and effectively those students who may 

20 be at risk of failing to meet the State’s academic 

21 standards; 

22 ‘‘(3) how the local educational agency will pro23 vide additional educational assistance to individual 

24 students in need of additional help in meeting the 

25 State’s academic standards; 
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1 ‘‘(4) how the local educational agency will im2 plement the school improvement system described in 

3 section 1111(b)(3)(B)(iii) for any of the agency’s 

4 schools identified under such section; 

5 ‘‘(5) how the local educational agency will co6 ordinate programs under this subpart with other 

7 programs under this Act and other Acts, as appro8 priate; 

9 ‘‘(6) the poverty criteria that will be used to se10 lect school attendance areas under section 1113; 

11 ‘‘(7) how teachers, in consultation with parents, 

12 administrators, and specialized instructional support 

13 personnel, in targeted assistance schools under sec14 tion 1115, will identify the eligible children most in 

15 need of services under this subpart; 

16 ‘‘(8) in general, the nature of the programs to 

17 be conducted by the local educational agency’s 

18 schools under sections 1114 and 1115, and, where 

19 appropriate, educational services outside such 

20 schools for children living in local institutions for ne21 glected and delinquent children, and for neglected 

22 and delinquent children in community day school 

23 programs; 

24 ‘‘(9) how the local educational agency will en25 sure that migratory children who are eligible to re-
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1 ceive services under this subpart are selected to re2 ceive such services on the same basis as other chil3 dren who are selected to receive services under this 

4 subpart; 

5 ‘‘(10) the services the local educational agency 

6 will provide homeless children, including services 

7 provided with funds reserved under section 

8 1113(c)(3)(A); 

9 ‘‘(11) the strategy the local educational agency 

10 will use to implement effective parental involvement 

11 under section 1118; 

12 ‘‘(12) if appropriate, how the local educational 

13 agency will use funds under this subpart to support 

14 preschool programs for children, particularly chil15 dren participating in a Head Start program, which 

16 services may be provided directly by the local edu17 cational agency or through a subcontract with the 

18 local Head Start agency designated by the Secretary 

19 of Health and Human Services under section 641 of 

20 the Head Start Act, or another comparable early 

21 childhood development program; 

22 ‘‘(13) how the local educational agency, through 

23 incentives for voluntary transfers, the provision of 

24 professional development, recruitment programs, in25 centive pay, performance pay, or other effective 
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1 strategies, will address disparities in the rates of 

2 low-income and minority students and other stu3 dents being taught by ineffective teachers; 

4 ‘‘(14) if appropriate, how the local educational 

5 agency will use funds under this subpart to support 

6 programs that coordinate and integrate— 

7 ‘‘(A) career and technical education 

8 aligned with State technical standards that pro9 mote skills attainment important to in-demand 

10 occupations or industries in the State and the 

11 State’s academic standards under section 

12 1111(b)(1); and 

13 ‘‘(B) work-based learning opportunities 

14 that provide students in-depth interaction with 

15 industry professionals; and 

16 ‘‘(15) if appropriate, how the local educational 

17 agency will use funds under this subpart to support 

18 dual enrollment programs, early college high schools, 

19 and Advanced Placement or International Bacca20 laureate programs. 

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

22 plan shall provide assurances that the local educational 

23 agency will— 

24 ‘‘(1) participate, if selected, in biennial State 

25 academic assessments of 4th and 8th grade reading 
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1 and mathematics under the National Assessment of 

2 Educational Progress carried out under section 

3 303(b)(2) of the National Assessment of Edu4 cational Progress Authorization Act; 

5 ‘‘(2) inform schools of schoolwide program au6 thority and the ability to consolidate funds from 

7 Federal, State, and local sources; 

8 ‘‘(3) provide technical assistance to schoolwide 

9 programs; 

10 ‘‘(4) provide services to eligible children attend11 ing private elementary and secondary schools in ac12 cordance with section 1120, and timely and mean13 ingful consultation with private school officials or 

14 representatives regarding such services; 

15 ‘‘(5) in the case of a local educational agency 

16 that chooses to use funds under this subpart to pro17 vide early childhood development services to low-in18 come children below the age of compulsory school at19 tendance, ensure that such services comply with the 

20 performance standards established under section 

21 641A(a) of the Head Start Act; 

22 ‘‘(6) inform eligible schools of the local edu23 cational agency’s authority to request waivers on the 

24 school’s behalf under Title V; and 
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1 ‘‘(7) ensure that the results of the academic as2 sessments required under section 1111(b)(2) will be 

3 provided to parents and teachers as soon as is prac4 ticably possible after the test is taken, in an under5 standable and uniform format and, to the extent 

6 practicable, provided in a language that the parents 

7 can understand. 

8 ‘‘(d) SPECIAL RULE.—In carrying out subsection 

9 (c)(5), the Secretary shall— 

10 ‘‘(1) consult with the Secretary of Health and 

11 Human Services and shall establish procedures (tak12 ing into consideration existing State and local laws, 

13 and local teacher contracts) to assist local edu14 cational agencies to comply with such subparagraph; 

15 and 

16 ‘‘(2) disseminate to local educational agencies 

17 the education performance standards in effect under 

18 section 641A(a)(1)(B) of the Head Start Act, and 

19 such agencies affected by such subsection shall plan 

20 for the implementation of such subsection (taking 

21 into consideration existing State and local laws, and 

22 local teacher contracts). 

23 ‘‘(e) PLAN DEVELOPMENT AND DURATION.— 

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

25 agency plan shall be developed in consultation with 
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1 teachers, school leaders, public charter school rep2 resentatives, administrators, and other appropriate 

3 school personnel, and with parents of children in 

4 schools served under this subpart. 

5 ‘‘(2) DURATION.—Each such plan shall be sub6 mitted for the first year for which this part is in ef7 fect following the date of enactment of this Act and 

8 shall remain in effect for the duration of the agen9 cy’s participation under this subpart. 

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

11 shall periodically review and, as necessary, revise its 

12 plan. 

13 ‘‘(f) STATE APPROVAL.— 

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

15 agency plan shall be filed according to a schedule es16 tablished by the State educational agency. 

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

18 shall approve a local educational agency’s plan only 

19 if the State educational agency determines that the 

20 local educational agency’s plan— 

21 ‘‘(A) enables schools served under this sub22 part to substantially help children served under 

23 this subpart to meet the State’s academic 

24 standards described in section 1111(b)(1); and 
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1 ‘‘(B) meets the requirements of this sec2 tion. 

3 ‘‘(3) REVIEW.—The State educational agency 

4 shall review the local educational agency’s plan to 

5 determine if such agency’s activities are in accord6 ance with section 1118. 

7 ‘‘(g) PARENTAL NOTIFICATION.— 

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

9 agency using funds under this subpart and subpart 

10 4 to provide a language instruction educational pro11 gram shall, not later than 30 days after the begin12 ning of the school year, inform parents of an 

13 English learner identified for participation, or par14 ticipating in, such a program of— 

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

16 their child as an English learner and in need of 

17 placement in a language instruction educational 

18 program; 

19 ‘‘(B) the child’s level of English pro20 ficiency, how such level was assessed, and the 

21 status of the child’s academic achievement; 

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

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

24 participating, and the methods of instruction 

25 used in other available programs, including how 
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1 such programs differ in content, instructional 

2 goals, and the use of English and a native lan3 guage in instruction; 

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

5 is, or will be participating, will meet the edu6 cational strengths and needs of their child; 

7 ‘‘(E) how such program will specifically 

8 help their child learn English, and meet age-ap9 propriate academic achievement standards for 

10 grade promotion and graduation; 

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

12 program, including the expected rate of transi13 tion from such program into classrooms that 

14 are not tailored for English learners, and the 

15 expected rate of graduation from high school 

16 for such program if funds under this subpart 

17 are used for children in secondary schools; 

18 ‘‘(G) in the case of a child with a dis19 ability, how such program meets the objectives 

20 of the individualized education program of the 

21 child; and 

22 ‘‘(H) information pertaining to parental 

23 rights that includes written guidance— 

24 ‘‘(i) detailing— 
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1 ‘‘(I) the right that parents have 

2 to have their child immediately re3 moved from such program upon their 

4 request; and 

5 ‘‘(II) the options that parents 

6 have to decline to enroll their child in 

7 such program or to choose another 

8 program or method of instruction, if 

9 available; and 

10 ‘‘(ii) assisting parents in selecting 

11 among various programs and methods of 

12 instruction, if more than one program or 

13 method is offered by the eligible entity. 

14 ‘‘(2) NOTICE.—The notice and information pro15 vided in paragraph (1) to parents of a child identi16 fied for participation in a language instruction edu17 cational program for English learners shall be in an 

18 understandable and uniform format and, to the ex19 tent practicable, provided in a language that the 

20 parents can understand. 

21 ‘‘(3) SPECIAL RULE APPLICABLE DURING THE

22 SCHOOL YEAR.—For those children who have not 

23 been identified as English learners prior to the be24 ginning of the school year the local educational 

25 agency shall notify parents within the first 2 weeks 
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1 of the child being placed in a language instruction 

2 educational program consistent with paragraphs (1) 

3 and (2). 

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

5 educational agency receiving funds under this sub6 part shall implement an effective means of outreach 

7 to parents of English learners to inform the parents 

8 regarding how the parents can be involved in the 

9 education of their children, and be active partici10 pants in assisting their children to attain English 

11 proficiency, achieve at high levels in core academic 

12 subjects, and meet the State’s academic standards 

13 expected of all students, including holding, and send14 ing notice of opportunities for, regular meetings for 

15 the purpose of formulating and responding to rec16 ommendations from parents of students assisted 

17 under this subpart. 

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

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

20 any federally assisted education program on the 

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

22 SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

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

24 (1) by striking ‘‘part’’ each place it appears and 

25 inserting ‘‘subpart’’; and 
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1 (2) in subsection (c)(4)— 

2 (A) by striking ‘‘subpart 2’’ and inserting 

3 ‘‘chapter B’’; and 

4 (B) by striking ‘‘school improvement, cor5 rective action, and restructuring under section 

6 1116(b)’’ and inserting ‘‘school improvement 

7 under section 1111(b)(3)(B)(iii)’’. 

8 SEC. 115. SCHOOLWIDE PROGRAMS. 

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

10 (1) in subsection (a)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘part’’ and inserting 

13 ‘‘subpart’’; and 

14 (ii) by striking ‘‘in which’’ through 

15 ‘‘such families’’; 

16 (B) in paragraph (2)— 

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

18 ‘‘part’’ and inserting ‘‘subpart’’; and 

19 (ii) in subparagraph (B)— 

20 (I) by striking ‘‘children with 

21 limited English proficiency’’ and in22 serting ‘‘English learners’’; and 

23 (II) by striking ‘‘part’’ and in24 serting ‘‘subpart’’; 
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1 (C) in paragraph (3)(B), by striking 

2 ‘‘maintenance of effort,’’ after ‘‘private school 

3 children,’’; and 

4 (D) by striking paragraph (4); and 

5 (2) in subsection (b)— 

6 (A) in paragraph (1)— 

7 (i) in subparagraph (A)— 

8 (I) by striking ‘‘(including’’ and 

9 all that follows through ‘‘1309(2))’’; 

10 and 

11 (II) by striking ‘‘content stand12 ards and the State student academic 

13 achievement standards’’ and inserting 

14 ‘‘standards’’; 

15 (ii) in subparagraph (B)— 

16 (I) in clause (i), by striking ‘‘pro17 ficient’’ and all that follows through 

18 ‘‘section 1111(b)(1)(D)’’ and inserting 

19 ‘‘academic standards described in sec20 tion 1111(b)(1)’’; 

21 (II) in clause (ii), in the matter 

22 preceding subclause (I), by striking 

23 ‘‘based on scientifically based re24 search’’ and inserting ‘‘evidence25 based’’; 
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1 (III) in clause (iii)— 

2 (aa) in subclause (I)— 

3 (AA) by striking ‘‘stu4 dent academic achievement 

5 standards’’ and inserting 

6 ‘‘academic standards’’; and 

7 (BB) by striking 

8 ‘‘schoolwide program,’’ and 

9 all that follows through 

10 ‘‘technical education pro11 grams; and’’ and inserting 

12 ‘‘schoolwide programs; and’’; 

13 and 

14 (bb) in subclause (II), by 

15 striking ‘‘and’’; 

16 (IV) in clause (iv)— 

17 (aa) by striking ‘‘the State 

18 and local improvement plans’’ 

19 and inserting ‘‘school improve20 ment strategies’’; and 

21 (bb) by striking the period 

22 and inserting ‘‘; and’’; and 

23 (V) by adding at the end the fol24 lowing new clause: 
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1 ‘‘(v) may be delivered by nonprofit or 

2 for-profit external providers with expertise 

3 in using evidence-based or other effective 

4 strategies to improve student achieve5 ment.’’; 

6 (iii) in subparagraph (C), by striking 

7 ‘‘highly qualified’’ and inserting ‘‘effec8 tive’’; 

9 (iv) in subparagraph (D)— 

10 (I) by striking ‘‘In accordance 

11 with section 1119 and subsection 

12 (a)(4), high-quality’’ and inserting 

13 ‘‘High-quality’’; 

14 (II) by striking ‘‘pupil services’’ 

15 and inserting ‘‘specialized instruc16 tional support services’’; and 

17 (III) by striking ‘‘student aca18 demic achievement’’ and inserting 

19 ‘‘academic’’; 

20 (v) in subparagraph (E), by striking 

21 ‘‘high-quality highly qualified’’ and insert22 ing ‘‘effective’’; 

23 (vi) in subparagraph (G), by striking 

24 ‘‘, such as Head Start, Even Start, Early 
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1 Reading First, or a State-run preschool 

2 program,’’; 

3 (vii) in subparagraph (H), by striking 

4 ‘‘section 1111(b)(3)’’ and inserting ‘‘sec5 tion 1111(b)(2)’’; 

6 (viii) in subparagraph (I), by striking 

7 ‘‘proficient or advanced levels of academic 

8 achievement standards’’ and inserting 

9 ‘‘State academic standards’’; and 

10 (ix) in subparagraph (J), by striking 

11 ‘‘vocational’’ and inserting ‘‘career’’; and 

12 (B) in paragraph (2)— 

13 (i) in subparagraph (A)— 

14 (I) in the matter preceding clause 

15 (i)— 

16 (aa) by striking ‘‘first de17 velop’’ and all that follows 

18 through ‘‘2001)’’ and inserting 

19 ‘‘have in place’’; and 

20 (bb) by striking ‘‘and its 

21 school support team or other 

22 technical assistance provider 

23 under section 1117’’; 

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

25 ‘‘part’’ and inserting ‘‘subpart’’; and 
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1 (III) in clause (iv), by striking 

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

3 ‘‘section 1111(b)(2)’’; and 

4 (ii) in subparagraph (B)— 

5 (I) in clause (i)— 

6 (aa) in subclause (I), by 

7 striking ‘‘, after considering the 

8 recommendation of the technical 

9 assistance providers under sec10 tion 1117,’’; and 

11 (bb) in subclause (II), by 

12 striking ‘‘No Child Left Behind 

13 Act of 2001’’ and inserting ‘‘Stu14 dent Success Act’’; 

15 (II) in clause (ii)— 

16 (aa) by striking ‘‘(including 

17 administrators of programs de18 scribed in other parts of this 

19 title)’’; and 

20 (bb) by striking ‘‘pupil serv21 ices’’ and inserting ‘‘specialized 

22 instructional support services’’; 

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

24 ‘‘part’’ and inserting ‘‘subpart’’; and 
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1 (IV) in clause (v), by striking 

2 ‘‘Reading First, Early Reading First, 

3 Even Start,’’; and 

4 (3) in subsection (c)— 

5 (A) by striking ‘‘part’’ and inserting ‘‘sub6 part’’; and 

7 (B) by striking ‘‘6,’’ and all that follows 

8 through the period at the end and inserting 

9 ‘‘6.’’. 

10 SEC. 116. TARGETED ASSISTANCE SCHOOLS. 

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

12 (1) in subsection (a)— 

13 (A) by striking ‘‘are ineligible for a 

14 schoolwide program under section 1114, or 

15 that’’; 

16 (B) by striking ‘‘operate such’’ and insert17 ing ‘‘operate’’; and 

18 (C) by striking ‘‘part’’ and inserting ‘‘sub19 part’’; 

20 (2) in subsection (b)— 

21 (A) in paragraph (1)(B), by striking ‘‘chal22 lenging student academic achievement’’ and in23 serting ‘‘academic’’; 

24 (B) in paragraph (2)— 

25 (i) in subparagraph (A)— 
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1 (I) by striking ‘‘limited English 

2 proficient children’’ and inserting 

3 ‘‘English learners’’; and 

4 (II) by striking ‘‘part’’ each place 

5 it appears and inserting ‘‘subpart’’; 

6 (ii) in subparagraph (B)— 

7 (I) in the heading, by striking ‘‘, 

8 EVEN START, OR EARLY READING

9 FIRST’’; 

10 (II) by striking ‘‘, Even Start, or 

11 Early Reading First’’; and 

12 (III) by striking ‘‘part’’ and in13 serting ‘‘subpart’’; 

14 (iii) in subparagraph (C)— 

15 (I) by amending the heading to 

16 read as follows: ‘‘SUBPART 3 CHIL17 DREN.—’’; 

18 (II) by striking ‘‘part C’’ and in19 serting ‘‘subpart 3’’; and 

20 (III) by striking ‘‘part’’ and in21 serting ‘‘subpart’’; 

22 (iv) in subparagraphs (D) and (E), by 

23 striking ‘‘part’’ each place it appears and 

24 inserting ‘‘subpart’’; 
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1 (C) in paragraph (3), by striking ‘‘part’’ 

2 and inserting ‘‘subpart’’; 

3 (3) in subsection (c)— 

4 (A) in paragraph (1)— 

5 (i) in the matter preceding subpara6 graph (A)— 

7 (I) by striking ‘‘part’’ and insert8 ing ‘‘subpart’’; and 

9 (II) by striking ‘‘challenging stu10 dent academic achievement’’ and in11 serting ‘‘academic’’; 

12 (ii) in subparagraph (A)— 

13 (I) by striking ‘‘part’’ and insert14 ing ‘‘subpart’’; and 

15 (II) by striking ‘‘challenging stu16 dent academic achievement’’ and in17 serting ‘‘academic’’; 

18 (iii) in subparagraph (B), by striking 

19 ‘‘part’’ and inserting ‘‘subpart’’; 

20 (iv) in subparagraph (C)— 

21 (I) in the matter preceding clause 

22 (i), by striking ‘‘based on scientifically 

23 based research’’ and inserting ‘‘evi24 dence-based’’; and 
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1 (II) in clause (iii), by striking 

2 ‘‘part’’ and inserting ‘‘subpart’’; 

3 (v) in subparagraph (D), by striking 

4 ‘‘such as Head Start, Even Start, Early 

5 Reading First or State-run preschool pro6 grams’’; 

7 (vi) in subparagraph (E), by striking 

8 ‘‘highly qualified’’ and inserting ‘‘effec9 tive’’; 

10 (vii) in subparagraph (F)— 

11 (I) by striking ‘‘in accordance 

12 with subsection (e)(3) and section 

13 1119,’’; 

14 (II) by striking ‘‘part’’ and in15 serting ‘‘subpart’’; and 

16 (III) by striking ‘‘pupil services 

17 personnel’’ and inserting ‘‘specialized 

18 instructional support personnel’’; and 

19 (viii) in subparagraph (H), by striking 

20 ‘‘vocational’’ and inserting ‘‘career’’; and 

21 (B) in paragraph (2)— 

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘proficient and ad24 vanced levels of achievement’’ and insert25 ing ‘‘academic standards’’; 
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1 (ii) in subparagraph (A), by striking 

2 ‘‘part’’ and inserting ‘‘subpart’’; and 

3 (iii) in subparagraph (B), by striking 

4 ‘‘challenging student academic achieve5 ment’’ and inserting ‘‘academic’’; 

6 (4) in subsection (d), in the matter preceding 

7 paragraph (1), by striking ‘‘part’’ each place it ap8 pears and inserting ‘‘subpart’’; 

9 (5) in subsection (e)— 

10 (A) in paragraph (2)(B)— 

11 (i) in the matter preceding clause (i), 

12 by striking ‘‘part’’ and inserting ‘‘sub13 part’’; and 

14 (ii) in clause (iii), by striking ‘‘pupil 

15 services’’ and inserting ‘‘specialized in16 structional support services’’; and 

17 (B) by striking paragraph (3); and 

18 (6) by adding at the end the following new sub19 section: 

20 ‘‘(f) DELIVERY OF SERVICES.—The elements of a 

21 targeted assistance program under this section may be de22 livered by nonprofit or for-profit external providers with 

23 expertise in using evidence-based or other effective strate24 gies to improve student achievement.’’. 
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1 SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDU2 CATIONAL AGENCY AND SCHOOL IMPROVE3 MENT; SCHOOL SUPPORT AND RECOGNITION. 

4 The Act is amended by repealing sections 1116 and 

5 1117 (20 U.S.C. 6316; 6317). 

6 SEC. 118. PARENTAL INVOLVEMENT. 

7 Section 1118 (20 U.S.C. 6318) is amended— 

8 (1) by striking ‘‘part’’ each place such term ap9 pears and inserting ‘‘subpart’’; 

10 (2) in subsection (a)— 

11 (A) in paragraph (2)— 

12 (i) in subparagraph (A), by striking ‘‘, 

13 and’’ and all that follows through ‘‘1116’’; 

14 and 

15 (ii) in subparagraph (D), by striking 

16 ‘‘, such as’’ and all that follows through 

17 ‘‘preschool programs’’; and 

18 (B) in paragraph (3)(A), by striking ‘‘sub19 part 2 of this part’’ each place it appears and 

20 inserting ‘‘chapter B of this subpart’’; 

21 (3) by amending subsection (c)(4)(B) to read as 

22 follows: 

23 ‘‘(B) a description and explanation of the 

24 curriculum in use at the school and the forms 

25 of academic assessment used to measure stu26 dent progress; and’’; 
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1 (4) in subsection (d)(1), by striking ‘‘student 

2 academic achievement’’ and inserting ‘‘academic’’; 

3 (5) in subsection (e)— 

4 (A) in paragraph (1), by striking ‘‘State’s 

5 academic content standards and State student 

6 academic achievement standards’’ and inserting 

7 ‘‘State’s academic standards’’; 

8 (B) in paragraph (3)— 

9 (i) by striking ‘‘pupil services per10 sonnel,’’ and inserting ‘‘specialized instruc11 tional support personnel,’’; and 

12 (ii) by striking ‘‘principals,’’ and in13 serting ‘‘school leaders,’’; and 

14 (C) in paragraph (4), by striking ‘‘Head 

15 Start, Reading First, Early Reading First, 

16 Even Start, the Home Instruction Programs for 

17 Preschool Youngsters, the Parents as Teachers 

18 Program, and public preschool and other’’ and 

19 inserting ‘‘other Federal, State, and local’’; and 

20 (6) by amending subsection (g) to read as fol21 lows: 

22 ‘‘(g) FAMILY ENGAGEMENT IN EDUCATION PRO23 GRAMS.—In a State operating a program under subpart 

24 3 of part A of title III, each local educational agency or 

25 school that receives assistance under this subpart shall in-
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1 form such parents and organizations of the existence of 

2 such programs.’’. 

3 SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARA4 PROFESSIONALS. 

5 The Act is amended by repealing section 1119 (20 

6 U.S.C. 6319). 

7 SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRI8 VATE SCHOOLS. 

9 Section 1120 (20 U.S.C. 6320) is amended to read 

10 as follows: 

11 ‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN 

12 PRIVATE SCHOOLS. 

13 ‘‘(a) GENERAL REQUIREMENT.— 

14 ‘‘(1) IN GENERAL.—To the extent consistent 

15 with the number of eligible children identified under 

16 section 1115(b) in the school district served by a 

17 local educational agency who are enrolled in private 

18 elementary schools and secondary schools, a local 

19 educational agency shall— 

20 ‘‘(A) after timely and meaningful consulta21 tion with appropriate private school officials or 

22 representatives, provide such service, on an eq23 uitable basis and individually or in combination, 

24 as requested by the officials or representatives 

25 to best meet the needs of such children, special 
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1 educational services, instructional services, 

2 counseling, mentoring, one-on-one tutoring, or 

3 other benefits under this subpart (such as dual 

4 enrollment, educational radio and television, 

5 computer equipment and materials, other tech6 nology, and mobile educational services and 

7 equipment) that address their needs; and 

8 ‘‘(B) ensure that teachers and families of 

9 the children participate, on an equitable basis, 

10 in services and activities developed pursuant to 

11 this subpart. 

12 ‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.— 

13 Such educational services or other benefits, including 

14 materials and equipment, shall be secular, neutral, 

15 and nonideological. 

16 ‘‘(3) EQUITY.— 

17 ‘‘(A) IN GENERAL.—Educational services 

18 and other benefits for such private school chil19 dren shall be equitable in comparison to serv20 ices and other benefits for public school chil21 dren participating under this subpart, and shall 

22 be provided in a timely manner. 

23 ‘‘(B) OMBUDSMAN.—To help ensure such 

24 equity for such private school children, teach25 ers, and other educational personnel, the State 
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1 educational agency involved shall designate an 

2 ombudsman to monitor and enforce the require3 ments of this subpart. 

4 ‘‘(4) EXPENDITURES.— 

5 ‘‘(A) IN GENERAL.—Expenditures for edu6 cational services and other benefits to eligible 

7 private school children shall be equal to the ex8 penditures for participating public school chil9 dren, taking into account the number, and edu10 cational needs, of the children to be served. The 

11 share of funds shall be determined based on the 

12 total allocation received by the local educational 

13 agency prior to any allowable expenditures au14 thorized under this title. 

15 ‘‘(B) OBLIGATION OF FUNDS.—Funds allo16 cated to a local educational agency for edu17 cational services and other benefits to eligible 

18 private school children shall— 

19 ‘‘(i) be obligated in the fiscal year for 

20 which the funds are received by the agen21 cy; and 

22 ‘‘(ii) with respect to any such funds 

23 that cannot be so obligated, be used to 

24 serve such children in the following fiscal 

25 year. 
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1 ‘‘(C) NOTICE OF ALLOCATION.—Each 

2 State educational agency shall— 

3 ‘‘(i) determine, in a timely manner, 

4 the proportion of funds to be allocated to 

5 each local educational agency in the State 

6 for educational services and other benefits 

7 under this subpart to eligible private school 

8 children; and 

9 ‘‘(ii) provide notice, simultaneously, to 

10 each such local educational agency and the 

11 appropriate private school officials or their 

12 representatives in the State of such alloca13 tion of funds. 

14 ‘‘(5) PROVISION OF SERVICES.—The local edu15 cational agency or, in a case described in subsection 

16 (b)(6)(C), the State educational agency involved, 

17 may provide services under this section directly or 

18 through contracts with public or private agencies, 

19 organizations, and institutions. 

20 ‘‘(b) CONSULTATION.— 

21 ‘‘(1) IN GENERAL.—To ensure timely and 

22 meaningful consultation, a local educational agency 

23 shall consult with appropriate private school officials 

24 or representatives during the design and develop25 ment of such agency’s programs under this subpart 
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1 in order to reach an agreement between the agency 

2 and the officials or representatives about equitable 

3 and effective programs for eligible private school 

4 children, the results of which shall be transmitted to 

5 the designated ombudsmen under section 

6 1120(a)(3)(B). Such process shall include consulta7 tion on issues such as— 

8 ‘‘(A) how the children’s needs will be iden9 tified; 

10 ‘‘(B) what services will be offered; 

11 ‘‘(C) how, where, and by whom the services 

12 will be provided; 

13 ‘‘(D) how the services will be academically 

14 assessed and how the results of that assessment 

15 will be used to improve those services; 

16 ‘‘(E) the size and scope of the equitable 

17 services to be provided to the eligible private 

18 school children, and the proportion of funds 

19 that is allocated under subsection (a)(4)(A) for 

20 such services, how that proportion of funds is 

21 determined under such subsection, and an 

22 itemization of the costs of the services to be 

23 provided; 

24 ‘‘(F) the method or sources of data that 

25 are used under subsection (c) and section 
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1 1113(c)(1) to determine the number of children 

2 from low-income families in participating school 

3 attendance areas who attend private schools; 

4 ‘‘(G) how and when the agency will make 

5 decisions about the delivery of services to such 

6 children, including a thorough consideration 

7 and analysis of the views of the private school 

8 officials or representatives on the provision of 

9 services through a contract with potential third10 party providers; 

11 ‘‘(H) how, if the agency disagrees with the 

12 views of the private school officials or represent13 atives on the provision of services through a 

14 contract, the local educational agency will pro15 vide in writing to such private school officials 

16 an analysis of the reasons why the local edu17 cational agency has chosen not to use a con18 tractor; 

19 ‘‘(I) whether the agency will provide serv20 ices under this section directly or through con21 tracts with public and private agencies, organi22 zations, and institutions; 

23 ‘‘(J) whether to provide equitable services 

24 to eligible private school children— 
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1 ‘‘(i) by creating a pool or pools of 

2 funds with all of the funds allocated under 

3 paragraph (4) based on all the children 

4 from low-income families who attend pri5 vate schools in a participating school at6 tendance area of the agency from which 

7 the local educational agency will provide 

8 such services to all such children; or 

9 ‘‘(ii) by providing such services to eli10 gible children in each private school in the 

11 agency’s participating school attendance 

12 area with the proportion of funds allocated 

13 under paragraph (4) based on the number 

14 of children from low-income families who 

15 attend such school; and 

16 ‘‘(K) whether to consolidate and use funds 

17 under this subpart to provide schoolwide pro18 grams for a private school. 

19 ‘‘(2) DISAGREEMENT.—If a local educational 

20 agency disagrees with the views of private school of21 ficials or representatives with respect to an issue de22 scribed in paragraph (1), the local educational agen23 cy shall provide in writing to such private school of24 ficials an analysis of the reasons why the local edu-
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1 cational agency has chosen not to adopt the course 

2 of action requested by such officials. 

3 ‘‘(3) TIMING.—Such consultation shall include 

4 meetings of agency and private school officials or 

5 representatives and shall occur before the local edu6 cational agency makes any decision that affects the 

7 opportunities of eligible private school children to 

8 participate in programs under this subpart. Such 

9 meetings shall continue throughout implementation 

10 and assessment of services provided under this sec11 tion. 

12 ‘‘(4) DISCUSSION.—Such consultation shall in13 clude a discussion of service delivery mechanisms a 

14 local educational agency can use to provide equitable 

15 services to eligible private school children. 

16 ‘‘(5) DOCUMENTATION.—Each local educational 

17 agency shall maintain in the agency’s records and 

18 provide to the State educational agency involved a 

19 written affirmation signed by officials or representa20 tives of each participating private school that the 

21 meaningful consultation required by this section has 

22 occurred. The written affirmation shall provide the 

23 option for private school officials or representatives 

24 to indicate that timely and meaningful consultation 

25 has not occurred or that the program design is not 
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1 equitable with respect to eligible private school chil2 dren. If such officials or representatives do not pro3 vide such affirmation within a reasonable period of 

4 time, the local educational agency shall forward the 

5 documentation that such consultation has, or at6 tempts at such consultation have, taken place to the 

7 State educational agency. 

8 ‘‘(6) COMPLIANCE.— 

9 ‘‘(A) IN GENERAL.—A private school offi10 cial shall have the right to file a complaint with 

11 the State educational agency that the local edu12 cational agency did not engage in consultation 

13 that was meaningful and timely, did not give 

14 due consideration to the views of the private 

15 school official, or did not treat the private 

16 school or its students equitably as required by 

17 this section. 

18 ‘‘(B) PROCEDURE.—If the private school 

19 official wishes to file a complaint, the official 

20 shall provide the basis of the noncompliance 

21 with this section by the local educational agency 

22 to the State educational agency, and the local 

23 educational agency shall forward the appro24 priate documentation to the State educational 

25 agency. 
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1 ‘‘(C) STATE EDUCATIONAL AGENCIES.—A 

2 State educational agency shall provide services 

3 under this section directly or through contracts 

4 with public or private agencies, organizations, 

5 and institutions, if— 

6 ‘‘(i) the appropriate private school of7 ficials or their representatives have— 

8 ‘‘(I) requested that the State 

9 educational agency provide such serv10 ices directly; and 

11 ‘‘(II) demonstrated that the local 

12 educational agency involved has not 

13 met the requirements of this section; 

14 or 

15 ‘‘(ii) in a case in which— 

16 ‘‘(I) a local educational agency 

17 has more than 10,000 children from 

18 low-income families who attend pri19 vate elementary schools or secondary 

20 schools in a participating school at21 tendance area of the agency that are 

22 not being served by the agency’s pro23 gram under this section; or 

24 ‘‘(II) 90 percent of the eligible 

25 private school students in a partici-
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1 pating school attendance area of the 

2 agency are not being served by the 

3 agency’s program under this section. 

4 ‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRI5 VATE SCHOOL STUDENTS.— 

6 ‘‘(1) CALCULATION.—A local educational agen7 cy shall have the final authority, consistent with this 

8 section, to calculate the number of children, ages 5 

9 through 17, who are from low-income families and 

10 attend private schools by— 

11 ‘‘(A) using the same measure of low in12 come used to count public school children; 

13 ‘‘(B) using the results of a survey that, to 

14 the extent possible, protects the identity of fam15 ilies of private school students, and allowing 

16 such survey results to be extrapolated if com17 plete actual data are unavailable; 

18 ‘‘(C) applying the low-income percentage of 

19 each participating public school attendance 

20 area, determined pursuant to this section, to 

21 the number of private school children who re22 side in that school attendance area; or 

23 ‘‘(D) using an equated measure of low in24 come correlated with the measure of low income 

25 used to count public school children. 
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1 ‘‘(2) COMPLAINT PROCESS.—Any dispute re2 garding low-income data for private school students 

3 shall be subject to the complaint process authorized 

4 in section 5503. 

5 ‘‘(d) PUBLIC CONTROL OF FUNDS.— 

6 ‘‘(1) IN GENERAL.—The control of funds pro7 vided under this subpart, and title to materials, 

8 equipment, and property purchased with such funds, 

9 shall be in a public agency, and a public agency shall 

10 administer such funds, materials, equipment, and 

11 property. 

12 ‘‘(2) PROVISION OF SERVICES.— 

13 ‘‘(A) PROVIDER.—The provision of services 

14 under this section shall be provided— 

15 ‘‘(i) by employees of a public agency; 

16 or 

17 ‘‘(ii) through a contract by such pub18 lic agency with an individual, association, 

19 agency, or organization. 

20 ‘‘(B) REQUIREMENT.—In the provision of 

21 such services, such employee, individual, asso22 ciation, agency, or organization shall be inde23 pendent of such private school and of any reli24 gious organization, and such employment or 
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1 contract shall be under the control and super2 vision of such public agency. 

3 ‘‘(e) STANDARDS FOR A BYPASS.—If a local edu4 cational agency is prohibited by law from providing for 

5 the participation in programs on an equitable basis of eli6 gible children enrolled in private elementary schools and 

7 secondary schools, or if the Secretary determines that a 

8 local educational agency has substantially failed or is un9 willing to provide for such participation, as required by 

10 this section, the Secretary shall— 

11 ‘‘(1) waive the requirements of this section for 

12 such local educational agency; 

13 ‘‘(2) arrange for the provision of services to 

14 such children through arrangements that shall be 

15 subject to the requirements of this section and sec16 tions 5503 and 5504; and 

17 ‘‘(3) in making the determination under this 

18 subsection, consider one or more factors, including 

19 the quality, size, scope, and location of the program 

20 and the opportunity of eligible children to partici21 pate.’’. 

22 SEC. 121. FISCAL REQUIREMENTS. 

23 Section 1120A (20 U.S.C. 6321) is amended— 

24 (1) by striking ‘‘part’’ each place it appears and 

25 inserting ‘‘subpart’’; and 
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1 (2) by striking subsection (a) and redesignating 

2 subsections (b), (c), and (d) as subsections (a), (b), 

3 and (c), respectively. 

4 SEC. 122. COORDINATION REQUIREMENTS. 

5 Section 1120B (20 U.S.C. 6322) is amended— 

6 (1) by striking ‘‘part’’ each place it appears and 

7 inserting ‘‘subpart’’; 

8 (2) in subsection (a), by striking ‘‘such as the 

9 Early Reading First program’’; and 

10 (3) in subsection (b)— 

11 (A) in the matter preceding paragraph (1), 

12 by striking ‘‘, such as the Early Reading First 

13 program,’’; 

14 (B) in paragraphs (1) through (3), by 

15 striking ‘‘such as the Early Reading First pro16 gram’’ each place it appears; 

17 (C) in paragraph (4), by striking ‘‘Early 

18 Reading First program staff,’’; and 

19 (D) in paragraph (5), by striking ‘‘and en20 tities carrying out Early Reading First pro21 grams’’. 

22 SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE 

23 SECRETARY OF THE INTERIOR. 

24 Section 1121 (20 U.S.C. 6331) is amended— 
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1 (1) in subsection (a), by striking ‘‘appropriated 

2 for payments to States for any fiscal year under sec3 tion 1002(a) and 1125A(f)’’ and inserting ‘‘reserved 

4 for this chapter under section 1122(a)’’; and 

5 (2) in subsection (b)— 

6 (A) in paragraph (2), by striking ‘‘the No 

7 Child Left Behind Act of 2001’’ and inserting 

8 ‘‘the Student Success Act’’; 

9 (B) in paragraph (3)— 

10 (i) in subparagraph (B), by striking 

11 ‘‘basis,’’ and all that follows through the 

12 period at the end and inserting ‘‘basis.’’; 

13 (ii) in subparagraph (C)(ii), by strik14 ing ‘‘challenging State academic content 

15 standards’’ and inserting ‘‘State academic 

16 standards’’; and 

17 (iii) by striking subparagraph (D); 

18 and 

19 (3) in subsection (d)(2), by striking ‘‘part’’ and 

20 inserting ‘‘subpart’’. 

21 SEC. 124. ALLOCATIONS TO STATES. 

22 Section 1122 (20 U.S.C. 6332) is amended— 

23 (1) by amending subsection (a) to read as fol24 lows: 

25 ‘‘(a) RESERVATION.— 
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1 ‘‘(1) IN GENERAL.—From the amounts appro2 priated under section 3(a)(1), the Secretary shall re3 serve 91.055 percent of such amounts to carry out 

4 this chapter. 

5 ‘‘(2) ALLOCATION FORMULA.—Of the amount 

6 reserved under paragraph (1) for each of fiscal years 

7 2014 to 2019 (referred to in this subsection as the 

8 current fiscal year)— 

9 ‘‘(A) an amount equal to the amount made 

10 available to carry out section 1124 for fiscal 

11 year 2001 shall be used to carry out section 

12 1124; 

13 ‘‘(B) an amount equal to the amount made 

14 available to carry out section 1124A for fiscal 

15 year 2001 shall be used to carry out section 

16 1124A; and 

17 ‘‘(C) an amount equal to 100 percent of 

18 the amount, if any, by which the total amount 

19 made available to carry out this chapter for the 

20 fiscal year for which the determination is made 

21 exceeds the total amount available to carry out 

22 sections 1124 and 1124A for fiscal year 2001 

23 shall be used to carry out sections 1125 and 

24 1125A and such amount shall be divided equal25 ly between sections 1125 and 1125A.’’; 
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1 (2) in subsection (b)(1), by striking ‘‘subpart’’ 

2 and inserting ‘‘chapter’’; 

3 (3) in subsection (c)(3), by striking ‘‘part’’ and 

4 inserting ‘‘subpart’’; and 

5 (4) in subsection (d)(1), by striking ‘‘subpart’’ 

6 and inserting ‘‘chapter’’. 

7 SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN8 CIES. 

9 Section 1124 (20 U.S.C. 6333) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (3)— 

12 (i) in subparagraph (B), by striking 

13 ‘‘subpart’’ and inserting ‘‘chapter’’; and 

14 (ii) in subparagraph (C)(i), by strik15 ing ‘‘subpart’’ and inserting ‘‘chapter’’; 

16 and 

17 (B) in paragraph (4)(C), by striking ‘‘sub18 part’’ each place it appears and inserting 

19 ‘‘chapter’’; and 

20 (2) in subsection (c)— 

21 (A) in paragraph (1)(B), by striking ‘‘sub22 part 1 of part D’’ and inserting ‘‘chapter A of 

23 subpart 3’’; and 

24 (B) in paragraph (2), by striking ‘‘part’’ 

25 and inserting ‘‘subpart’’. 
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1 SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS 

2 TO LOCAL EDUCATIONAL AGENCIES IN FIS3 CAL YEARS AFTER FISCAL YEAR 2001. 

4 Section 1125AA (20 U.S.C. 6336) is amended to 

5 read as follows: 

6 ‘‘SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED 

7 GRANTS TO LOCAL EDUCATIONAL AGENCIES 

8 IN FISCAL YEARS AFTER FISCAL YEAR 2001. 

9 ‘‘Pursuant to section 1122, the total amount allo10 cated in any fiscal year after fiscal year 2001 for programs 

11 and activities under this subpart shall not exceed the 

12 amount allocated in fiscal year 2001 for such programs 

13 and activities unless the amount available for targeted 

14 grants to local educational agencies under section 1125 

15 in the applicable fiscal year meets the requirements of sec16 tion 1122(a).’’. 

17 SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PRO18 GRAM. 

19 Section 1125A (20 U.S.C. 6337) is amended— 

20 (1) by striking ‘‘part’’ each place it appears and 

21 inserting ‘‘subpart’’; 

22 (2) in subsection (b)(1)— 

23 (A) in subparagraph (A), by striking ‘‘ap24 propriated pursuant to subsection (f)’’ and in25 serting ‘‘made available for any fiscal year to 

26 carry out this section’’; and 
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1 (B) in subparagraph (B)(i), by striking 

2 ‘‘total appropriations’’ and inserting ‘‘the total 

3 amount reserved under section 1122(a) to carry 

4 out this section’’; 

5 (3) by striking subsections (a), (e), and (f) and 

6 redesignating subsections (b), (c), (d), and (g) as 

7 subsections (a), (b), (c), and (d), respectively; and 

8 (4) in subsection (b), as redesignated, by redes9 ignating subparagraphs (A) and (B) as paragraphs 

10 (1) and (2), respectively. 

11 SEC. 128. CARRYOVER AND WAIVER. 

12 Section 1127 (20 U.S.C. 6339) is amended by strik13 ing ‘‘subpart’’ each place it appears and inserting ‘‘chap14 ter’’. 

15 SEC. 129. TITLE I PORTABILITY. 

16 Chapter B of subpart 1 of part A of title I (20 U.S.C. 

17 6331 et seq.) is amended by adding at the end the fol18 lowing new section: 

19 ‘‘SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME 

20 CHILD STATE OPTION. 

21 ‘‘(a) IN GENERAL.—Notwithstanding any other pro22 vision of law and to the extent permitted under State law, 

23 a State educational agency may allocate grant funds under 

24 this chapter among the local educational agencies in the 
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1 State based on the number of eligible children enrolled in 

2 the public schools served by each local educational agency. 

3 ‘‘(b) ELIGIBLE CHILD.— 

4 ‘‘(1) DEFINITION.—In this section, the term 

5 ‘eligible child’ means a child aged 5 to 17, inclusive, 

6 from a family with an income below the poverty level 

7 on the basis of the most recent satisfactory data 

8 published by the Department of Commerce. 

9 ‘‘(2) CRITERIA OF POVERTY.—In determining 

10 the families with incomes below the poverty level for 

11 the purposes of this section, a State educational 

12 agency shall use the criteria of poverty used by the 

13 Census Bureau in compiling the most recent decen14 nial census, as the criteria have been updated by in15 creases in the Consumer Price Index for All Urban 

16 Consumers, published by the Bureau of Labor Sta17 tistics. 

18 ‘‘(c) STUDENT ENROLLMENT IN PUBLIC SCHOOLS.— 

19 ‘‘(1) IDENTIFICATION OF ELIGIBLE CHIL20 DREN.—On an annual basis, on a date to be deter21 mined by the State educational agency, each local 

22 educational agency that receives grant funding in ac23 cordance with subsection (a) shall inform the State 

24 educational agency of the number of eligible children 
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1 enrolled in public schools served by the local edu2 cational agency. 

3 ‘‘(2) ALLOCATION TO LOCAL EDUCATIONAL

4 AGENCIES.—Based on the identification of eligible 

5 children in paragraph (1), the State educational 

6 agency shall provide to a local educational agency an 

7 amount equal to the sum of the amount available for 

8 each eligible child in the State multiplied by the 

9 number of eligible children identified by the local 

10 educational agency under paragraph (1). 

11 ‘‘(3) DISTRIBUTION TO SCHOOLS.—Each local 

12 educational agency that receives funds under para13 graph (2) shall distribute such funds to the public 

14 schools served by the local educational agency— 

15 ‘‘(A) based on the number of eligible chil16 dren enrolled in such schools; and 

17 ‘‘(B) in a manner that would, in the ab18 sence of such Federal funds, supplement the 

19 funds made available from non-Federal re20 sources for the education of pupils participating 

21 in programs under this subpart, and not to sup22 plant such funds.’’. 
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1 Subtitle C—Additional Aid to 

2 States and School Districts 

3 SEC. 131. ADDITIONAL AID. 

4 (a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.), 

5 as amended by the preceding provisions of this Act, is fur6 ther amended— 

7 (1) by striking parts B through D and F 

8 through H; and 

9 (2) by inserting after subpart 1 of part A the 

10 following: 

11 ‘‘Subpart 2—Education of Migratory Children 

12 ‘‘SEC. 1131. PROGRAM PURPOSES. 

13 ‘‘The purposes of this subpart are as follows: 

14 ‘‘(1) To assist States in supporting high-quality 

15 and comprehensive educational programs and serv16 ices during the school year, and as applicable, during 

17 summer or intercession periods, that address the 

18 unique educational needs of migratory children. 

19 ‘‘(2) To ensure that migratory children who 

20 move among the States, not be penalized in any 

21 manner by disparities among the States in cur22 riculum, graduation requirements, and State aca23 demic standards. 

24 ‘‘(3) To help such children succeed in school, 

25 meet the State academic standards that all children 
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1 are expected to meet, and graduate from high school 

2 prepared for postsecondary education and the work3 force without the need for remediation. 

4 ‘‘(4) To help such children overcome edu5 cational disruption, cultural and language barriers, 

6 social isolation, various health-related problems, and 

7 other factors that inhibit the ability of such children 

8 to succeed in school. 

9 ‘‘(5) To help such children benefit from State 

10 and local systemic reforms. 

11 ‘‘SEC. 1132. PROGRAM AUTHORIZED. 

12 ‘‘(a) IN GENERAL.—From the amounts appropriated 

13 under section 3(a)(1), the Secretary shall reserve 2.37 per14 cent to carry out this subpart. 

15 ‘‘(b) GRANTS AWARDED.—From the amounts re16 served under subsection (a) and not reserved under section 

17 1138(c), the Secretary shall make allotments for the fiscal 

18 year to State educational agencies, or consortia of such 

19 agencies, to establish or improve, directly or through local 

20 operating agencies, programs of education for migratory 

21 children in accordance with this subpart. 

22 ‘‘SEC. 1133. STATE ALLOCATIONS. 

23 ‘‘(a) STATE ALLOCATIONS.—Except as provided in 

24 subsection (c), each State (other than the Commonwealth 
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1 of Puerto Rico) is entitled to receive under this subpart 

2 an amount equal to the product of— 

3 ‘‘(1) the sum of— 

4 ‘‘(A) the average number of identified eligi5 ble full-time equivalent migratory children aged 

6 3 through 21 residing in the State, based on 

7 data for the preceding 3 years; and 

8 ‘‘(B) the number of identified eligible mi9 gratory children, aged 3 through 21, who re10 ceived services under this subpart in summer or 

11 intersession programs provided by the State 

12 during the previous year; multiplied by 

13 ‘‘(2) 40 percent of the average per-pupil ex14 penditure in the State, except that the amount de15 termined under this paragraph shall not be less than 

16 32 percent, nor more than 48 percent, of the aver17 age per-pupil expenditure in the United States. 

18 ‘‘(b) HOLD HARMLESS.—Notwithstanding subsection 

19 (a), for each of fiscal years 2014 through 2016, no State 

20 shall receive less than 90 percent of the State’s allocation 

21 under this section for the previous year. 

22 ‘‘(c) ALLOCATION TO PUERTO RICO.—For each fiscal 

23 year, the grant which the Commonwealth of Puerto Rico 

24 shall be eligible to receive under this subpart shall be the 

25 amount determined by multiplying the number of children 
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1 who would be counted under subsection (a)(1) if such sub2 section applied to the Commonwealth of Puerto Rico by 

3 the product of— 

4 ‘‘(1) the percentage that the average per-pupil 

5 expenditure in the Commonwealth of Puerto Rico is 

6 of the lowest average per-pupil expenditure of any of 

7 the 50 States, except that the percentage calculated 

8 under this subparagraph shall not be less than 85 

9 percent; and 

10 ‘‘(2) 32 percent of the average per-pupil ex11 penditure in the United States. 

12 ‘‘(d) RATABLE REDUCTIONS; REALLOCATIONS.— 

13 ‘‘(1) IN GENERAL.— 

14 ‘‘(A) RATABLE REDUCTIONS.—If, after the 

15 Secretary reserves funds under section 1138(c), 

16 the amount appropriated to carry out this sub17 part for any fiscal year is insufficient to pay in 

18 full the amounts for which all States are eligi19 ble, the Secretary shall ratably reduce each 

20 such amount. 

21 ‘‘(B) REALLOCATION.—If additional funds 

22 become available for making such payments for 

23 any fiscal year, the Secretary shall allocate such 

24 funds to States in amounts that the Secretary 
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1 determines will best carry out the purpose of 

2 this subpart. 

3 ‘‘(2) SPECIAL RULE.— 

4 ‘‘(A) FURTHER REDUCTIONS.—The Sec5 retary shall further reduce the amount of any 

6 grant to a State under this subpart for any fis7 cal year if the Secretary determines, based on 

8 available information on the numbers and needs 

9 of migratory children in the State and the pro10 gram proposed by the State to address such 

11 needs, that such amount exceeds the amount 

12 required under section 1134. 

13 ‘‘(B) REALLOCATION.—The Secretary shall 

14 reallocate such excess funds to other States 

15 whose grants under this subpart would other16 wise be insufficient to provide an appropriate 

17 level of services to migratory children, in such 

18 amounts as the Secretary determines are appro19 priate. 

20 ‘‘(e) CONSORTIUM ARRANGEMENTS.— 

21 ‘‘(1) IN GENERAL.—In the case of a State that 

22 receives a grant of $1,000,000 or less under this 

23 section, the Secretary shall consult with the State 

24 educational agency to determine whether consortium 

25 arrangements with another State or other appro-
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1 priate entity would result in delivery of services in 

2 a more effective and efficient manner. 

3 ‘‘(2) PROPOSALS.—Any State, regardless of the 

4 amount of such State’s allocation, may submit a 

5 consortium arrangement to the Secretary for ap6 proval. 

7 ‘‘(3) APPROVAL.—The Secretary shall approve 

8 a consortium arrangement under paragraph (1) or 

9 (2) if the proposal demonstrates that the arrange10 ment will— 

11 ‘‘(A) reduce administrative costs or pro12 gram function costs for State programs; and 

13 ‘‘(B) make more funds available for direct 

14 services to add substantially to the educational 

15 achievement of children to be served under this 

16 subpart. 

17 ‘‘(f) DETERMINING NUMBERS OF ELIGIBLE CHIL18 DREN.—In order to determine the identified number of 

19 migratory children residing in each State for purposes of 

20 this section, the Secretary shall— 

21 ‘‘(1) use the most recent information that most 

22 accurately reflects the actual number of migratory 

23 children; 

24 ‘‘(2) develop and implement a procedure for 

25 monitoring the accuracy of such information; 
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1 ‘‘(3) develop and implement a procedure for 

2 more accurately reflecting cost factors for different 

3 types of summer and intersession program designs; 

4 ‘‘(4) adjust the full-time equivalent number of 

5 migratory children who reside in each State to take 

6 into account— 

7 ‘‘(A) the unique needs of those children 

8 participating in evidence-based or other effec9 tive special programs provided under this sub10 part that operate during the summer and inter11 session periods; and 

12 ‘‘(B) the additional costs of operating such 

13 programs; and 

14 ‘‘(5) conduct an analysis of the options for ad15 justing the formula so as to better direct services to 

16 migratory children, including the most at-risk migra17 tory children. 

18 ‘‘(g) NONPARTICIPATING STATES.—In the case of a 

19 State desiring to receive an allocation under this subpart 

20 for a fiscal year that did not receive an allocation for the 

21 previous fiscal year or that has been participating for less 

22 than 3 consecutive years, the Secretary shall calculate the 

23 State’s number of identified migratory children aged 3 

24 through 21 for purposes of subsection (a)(1)(A) by using 

25 the most recent data available that identifies the migra-
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1 tory children residing in the State until data is available 

2 to calculate the 3-year average number of such children 

3 in accordance with such subsection. 

4 ‘‘SEC. 1134. STATE APPLICATIONS; SERVICES. 

5 ‘‘(a) APPLICATION REQUIRED.—Any State desiring 

6 to receive a grant under this subpart for any fiscal year 

7 shall submit an application to the Secretary at such time 

8 and in such manner as the Secretary may require. 

9 ‘‘(b) PROGRAM INFORMATION.—Each such applica10 tion shall include— 

11 ‘‘(1) a description of how, in planning, imple12 menting, and evaluating programs and projects as13 sisted under this subpart, the State and its local op14 erating agencies will ensure that the unique edu15 cational needs of migratory children, including pre16 school migratory children, are identified and ad17 dressed through— 

18 ‘‘(A) the full range of services that are 

19 available for migratory children from appro20 priate local, State, and Federal educational pro21 grams; 

22 ‘‘(B) joint planning among local, State, 

23 and Federal educational programs serving mi24 gratory children, including language instruction 
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1 educational programs under chapter A of sub2 part 4; and 

3 ‘‘(C) the integration of services available 

4 under this subpart with services provided by 

5 those other programs; 

6 ‘‘(2) a description of the steps the State is tak7 ing to provide all migratory students with the oppor8 tunity to meet the same State academic standards 

9 that all children are expected to meet; 

10 ‘‘(3) a description of how the State will use 

11 funds received under this subpart to promote inter12 state and intrastate coordination of services for mi13 gratory children, including how the State will pro14 vide for educational continuity through the timely 

15 transfer of pertinent school records, including infor16 mation on health, when children move from one 

17 school to another, whether or not such a move oc18 curs during the regular school year; 

19 ‘‘(4) a description of the State’s priorities for 

20 the use of funds received under this subpart, and 

21 how such priorities relate to the State’s assessment 

22 of needs for services in the State; 

23 ‘‘(5) a description of how the State will deter24 mine the amount of any subgrants the State will 

25 award to local operating agencies, taking into ac-
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1 count the numbers and needs of migratory children, 

2 the requirements of subsection (d), and the avail3 ability of funds from other Federal, State, and local 

4 programs; and 

5 ‘‘(6) a description of how the State will encour6 age programs and projects assisted under this sub7 part to offer family literacy services if the programs 

8 and projects serve a substantial number of migra9 tory children whose parents do not have a regular 

10 high school diploma or its recognized equivalent or 

11 who have low levels of literacy. 

12 ‘‘(c) ASSURANCES.—Each such application shall also 

13 include assurances that— 

14 ‘‘(1) funds received under this subpart will be 

15 used only— 

16 ‘‘(A) for programs and projects, including 

17 the acquisition of equipment, in accordance 

18 with section 1136; and 

19 ‘‘(B) to coordinate such programs and 

20 projects with similar programs and projects 

21 within the State and in other States, as well as 

22 with other Federal programs that can benefit 

23 migratory children and their families; 

24 ‘‘(2) such programs and projects will be carried 

25 out in a manner consistent with the objectives of 
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1 section 1114, subsections (b) and (d) of section 

2 1115, subsections (b) and (c) of section 1120A, and 

3 part C; 

4 ‘‘(3) in the planning and operation of programs 

5 and projects at both the State and local agency op6 erating level, there is consultation with parents of 

7 migratory children for programs of not less than one 

8 school year in duration, and that all such programs 

9 and projects are carried out— 

10 ‘‘(A) in a manner that provides for the 

11 same parental involvement as is required for 

12 programs and projects under section 1118, un13 less extraordinary circumstances make such 

14 provision impractical; and 

15 ‘‘(B) in a format and language under16 standable to the parents; 

17 ‘‘(4) in planning and carrying out such pro18 grams and projects, there has been, and will be, ade19 quate provision for addressing the unmet education 

20 needs of preschool migratory children; 

21 ‘‘(5) the effectiveness of such programs and 

22 projects will be determined, where feasible, using the 

23 same approaches and standards that will be used to 

24 assess the performance of students, schools, and 

25 local educational agencies under subpart 1; 
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1 ‘‘(6) to the extent feasible, such programs and 

2 projects will provide for— 

3 ‘‘(A) advocacy and outreach activities for 

4 migratory children and their families, including 

5 informing such children and families of, or 

6 helping such children and families gain access 

7 to, other education, health, nutrition, and social 

8 services; 

9 ‘‘(B) professional development programs, 

10 including mentoring, for teachers and other 

11 program personnel; 

12 ‘‘(C) high-quality, evidence-based family 

13 literacy programs; 

14 ‘‘(D) the integration of information tech15 nology into educational and related programs; 

16 and 

17 ‘‘(E) programs to facilitate the transition 

18 of secondary school students to postsecondary 

19 education or employment without the need for 

20 remediation; and 

21 ‘‘(7) the State will assist the Secretary in deter22 mining the number of migratory children under 

23 paragraph (1) of section 1133(a). 

24 ‘‘(d) PRIORITY FOR SERVICES.—In providing services 

25 with funds received under this subpart, each recipient of 
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1 such funds shall give priority to migratory children who 

2 are failing, or most at risk of failing, to meet the State’s 

3 academic standards under section 1111(b)(1). 

4 ‘‘(e) CONTINUATION OF SERVICES.—Notwith5 standing any other provision of this subpart— 

6 ‘‘(1) a child who ceases to be a migratory child 

7 during a school term shall be eligible for services 

8 until the end of such term; 

9 ‘‘(2) a child who is no longer a migratory child 

10 may continue to receive services for one additional 

11 school year, but only if comparable services are not 

12 available through other programs; and 

13 ‘‘(3) secondary school students who were eligi14 ble for services in secondary school may continue to 

15 be served through credit accrual programs until 

16 graduation. 

17 ‘‘SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 

18 ‘‘The Secretary shall approve each State application 

19 that meets the requirements of this subpart, and may re20 view any such application using a peer review process. 

21 ‘‘SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND 

22 SERVICE-DELIVERY PLAN; AUTHORIZED AC23 TIVITIES. 

24 ‘‘(a) COMPREHENSIVE PLAN.— 
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1 ‘‘(1) IN GENERAL.—Each State that receives 

2 assistance under this subpart shall ensure that the 

3 State and its local operating agencies identify and 

4 address the unique educational needs of migratory 

5 children in accordance with a comprehensive State 

6 plan that— 

7 ‘‘(A) is integrated with other programs 

8 under this Act or other Acts, as appropriate; 

9 ‘‘(B) may be submitted as a part of a con10 solidated application under section 5302, if— 

11 ‘‘(i) the unique needs of migratory 

12 children are specifically addressed in the 

13 comprehensive State plan; 

14 ‘‘(ii) the comprehensive State plan is 

15 developed in collaboration with parents of 

16 migratory children; and 

17 ‘‘(iii) the comprehensive State plan is 

18 not used to supplant State efforts regard19 ing, or administrative funding for, this 

20 subpart; 

21 ‘‘(C) provides that migratory children will 

22 have an opportunity to meet the same State 

23 academic standards under section 1111(b)(1) 

24 that all children are expected to meet; 
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1 ‘‘(D) specifies measurable program goals 

2 and outcomes; 

3 ‘‘(E) encompasses the full range of services 

4 that are available for migratory children from 

5 appropriate local, State, and Federal edu6 cational programs; 

7 ‘‘(F) is the product of joint planning 

8 among such local, State, and Federal programs, 

9 including programs under subpart 1, early 

10 childhood programs, and language instruction 

11 educational programs under chapter A of sub12 part 4; and 

13 ‘‘(G) provides for the integration of serv14 ices available under this subpart with services 

15 provided by such other programs. 

16 ‘‘(2) DURATION OF THE PLAN.—Each such 

17 comprehensive State plan shall— 

18 ‘‘(A) remain in effect for the duration of 

19 the State’s participation under this subpart; 

20 and 

21 ‘‘(B) be periodically reviewed and revised 

22 by the State, as necessary, to reflect changes in 

23 the State’s strategies and programs under this 

24 subpart. 

25 ‘‘(b) AUTHORIZED ACTIVITIES.— 
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1 ‘‘(1) FLEXIBILITY.—In implementing the com2 prehensive plan described in subsection (a), each 

3 State educational agency, where applicable through 

4 its local educational agencies, shall have the flexi5 bility to determine the activities to be provided with 

6 funds made available under this subpart, except that 

7 such funds first shall be used to meet the identified 

8 needs of migratory children that result from their 

9 migratory lifestyle, and to permit these children to 

10 participate effectively in school. 

11 ‘‘(2) UNADDRESSED NEEDS.—Funds provided 

12 under this subpart shall be used to address the 

13 needs of migratory children that are not addressed 

14 by services available from other Federal or non-Fed15 eral programs, except that migratory children who 

16 are eligible to receive services under subpart 1 may 

17 receive those services through funds provided under 

18 that subpart, or through funds under this subpart 

19 that remain after the agency addresses the needs de20 scribed in paragraph (1). 

21 ‘‘(3) CONSTRUCTION.—Nothing in this subpart 

22 shall be construed to prohibit a local educational 

23 agency from serving migratory children simulta24 neously with students with similar educational needs 

25 in the same educational settings, where appropriate. 
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1 ‘‘SEC. 1137. BYPASS. 

2 ‘‘The Secretary may use all or part of any State’s 

3 allocation under this subpart to make arrangements with 

4 any public or private agency to carry out the purpose of 

5 this subpart in such State if the Secretary determines 

6 that— 

7 ‘‘(1) the State is unable or unwilling to conduct 

8 educational programs for migratory children; 

9 ‘‘(2) such arrangements would result in more 

10 efficient and economic administration of such pro11 grams; or 

12 ‘‘(3) such arrangements would add substantially 

13 to the educational achievement of such children. 

14 ‘‘SEC. 1138. COORDINATION OF MIGRATORY EDUCATION 

15 ACTIVITIES. 

16 ‘‘(a) IMPROVEMENT OF COORDINATION.— 

17 ‘‘(1) IN GENERAL.—The Secretary, in consulta18 tion with the States, may make grants to, or enter 

19 into contracts with, State educational agencies, local 

20 educational agencies, institutions of higher edu21 cation, and other public and private entities to im22 prove the interstate and intrastate coordination 

23 among such agencies’ educational programs, includ24 ing through the establishment or improvement of 

25 programs for credit accrual and exchange, available 

26 to migratory students. 
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1 ‘‘(2) DURATION.—Grants or contracts under 

2 this subsection may be awarded for not more than 

3 5 years. 

4 ‘‘(b) STUDENT RECORDS.— 

5 ‘‘(1) ASSISTANCE.—The Secretary shall assist 

6 States in developing and maintaining an effective 

7 system for the electronic transfer of student records 

8 and in determining the number of migratory chil9 dren in each State. 

10 ‘‘(2) INFORMATION SYSTEM.— 

11 ‘‘(A) IN GENERAL.—The Secretary, in con12 sultation with the States, shall ensure the link13 age of migratory student record systems for the 

14 purpose of electronically exchanging, among the 

15 States, health and educational information re16 garding all migratory students. The Secretary 

17 shall ensure such linkage occurs in a cost-effec18 tive manner, utilizing systems used by the 

19 States prior to, or developed after, the date of 

20 enactment of this Act. The Secretary shall de21 termine the minimum data elements that each 

22 State receiving funds under this subpart shall 

23 collect and maintain. Such minimum data ele24 ments may include— 
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1 ‘‘(i) immunization records and other 

2 health information; 

3 ‘‘(ii) elementary and secondary aca4 demic history (including partial credit), 

5 credit accrual, and results from State as6 sessments required under section 

7 1111(b)(2); 

8 ‘‘(iii) other academic information es9 sential to ensuring that migratory children 

10 achieve to the States’s academic standards; 

11 and 

12 ‘‘(iv) eligibility for services under the 

13 Individuals with Disabilities Education 

14 Act. 

15 ‘‘(B) The Secretary shall consult with 

16 States before updating the data elements that 

17 each State receiving funds under this subpart 

18 shall be required to collect for purposes of elec19 tronic transfer of migratory student information 

20 and the requirements that States shall meet for 

21 immediate electronic access to such information. 

22 ‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A 

23 State educational agency or local educational agency 

24 receiving assistance under this subpart shall make 

25 student records available to another State edu-
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1 cational agency or local educational agency that re2 quests the records at no cost to the requesting agen3 cy, if the request is made in order to meet the needs 

4 of a migratory child. 

5 ‘‘(4) REPORT TO CONGRESS.— 

6 ‘‘(A) IN GENERAL.—Not later than April 

7 30, 2014, the Secretary shall report to the 

8 Committee on Health, Education, Labor, and 

9 Pensions of the Senate and the Committee on 

10 Education and the Workforce of the House of 

11 Representatives the Secretary’s findings and 

12 recommendations regarding the maintenance 

13 and transfer of health and educational informa14 tion for migratory students by the States. 

15 ‘‘(B) REQUIRED CONTENTS.—The Sec16 retary shall include in such report— 

17 ‘‘(i) a review of the progress of States 

18 in developing and linking electronic records 

19 transfer systems; 

20 ‘‘(ii) recommendations for maintaining 

21 such systems; and 

22 ‘‘(iii) recommendations for improving 

23 the continuity of services provided for mi24 gratory students. 
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1 ‘‘(c) AVAILABILITY OF FUNDS.—The Secretary shall 

2 reserve not more than $10,000,000 of the amount re3 served under section 1132 to carry out this section for 

4 each fiscal year. 

5 ‘‘(d) DATA COLLECTION.—The Secretary shall direct 

6 the National Center for Education Statistics to collect 

7 data on migratory children. 

8 ‘‘SEC. 1139. DEFINITIONS. 

9 ‘‘As used in this subpart: 

10 ‘‘(1) LOCAL OPERATING AGENCY.—The term 

11 ‘local operating agency’ means— 

12 ‘‘(A) a local educational agency to which a 

13 State educational agency makes a subgrant 

14 under this subpart; 

15 ‘‘(B) a public or private agency with which 

16 a State educational agency or the Secretary 

17 makes an arrangement to carry out a project 

18 under this subpart; or 

19 ‘‘(C) a State educational agency, if the 

20 State educational agency operates the State’s 

21 migratory education program or projects di22 rectly. 

23 ‘‘(2) MIGRATORY CHILD.—The term ‘migratory 

24 child’ means a child who is, or whose parent or 

25 spouse is, a migratory agricultural worker, including 
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1 a migratory dairy worker, or a migratory fisher, and 

2 who, in the preceding 36 months, in order to obtain, 

3 or accompany such parent or spouse, in order to ob4 tain, temporary or seasonal employment in agricul5 tural or fishing work— 

6 ‘‘(A) has moved from one school district to 

7 another; 

8 ‘‘(B) in a State that is comprised of a sin9 gle school district, has moved from one adminis10 trative area to another within such district; or 

11 ‘‘(C) resides in a school district of more 

12 than 15,000 square miles, and migrates a dis13 tance of 20 miles or more to a temporary resi14 dence to engage in a fishing activity. 

15 ‘‘Subpart 3—Prevention and Intervention Programs 

16 for Children and Youth Who Are Neglected, De17 linquent, or At-Risk 

18 ‘‘SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION. 

19 ‘‘(a) PURPOSE.—It is the purpose of this subpart— 

20 ‘‘(1) to improve educational services for chil21 dren and youth in local and State institutions for 

22 neglected or delinquent children and youth so that 

23 such children and youth have the opportunity to 

24 meet the same State academic standards that all 

25 children in the State are expected to meet; 
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1 ‘‘(2) to provide such children and youth with 

2 the services needed to make a successful transition 

3 from institutionalization to further schooling or em4 ployment; and 

5 ‘‘(3) to prevent at-risk youth from dropping out 

6 of school, and to provide dropouts, and children and 

7 youth returning from correctional facilities or insti8 tutions for neglected or delinquent children and 

9 youth, with a support system to ensure their contin10 ued education. 

11 ‘‘(b) PROGRAM AUTHORIZED.—From amounts ap12 propriated under section 3(a)(1), the Secretary shall re13 serve 0.305 of one percent to carry out this subpart. 

14 ‘‘(c) GRANTS AWARDED.—From the amounts re15 served under subsection (b) and not reserved under section 

16 1004 and section 1159, the Secretary shall make grants 

17 to State educational agencies that have plans submitted 

18 under section 1154 approved to enable such agencies to 

19 award subgrants to State agencies and local educational 

20 agencies to establish or improve programs of education for 

21 neglected, delinquent, or at-risk children and youth. 

22 ‘‘SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUB23 PART. 

24 ‘‘(a) AGENCY SUBGRANTS.—Based on the allocation 

25 amount computed under section 1152, the Secretary shall 
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1 allocate to each State educational agency an amount nec2 essary to make subgrants to State agencies under chapter 

3 A. 

4 ‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, 

5 for the purpose of carrying out chapter B, funds generated 

6 throughout the State under subpart 1 of this part based 

7 on children and youth residing in local correctional facili8 ties, or attending community day programs for delinquent 

9 children and youth. 

10 ‘‘CHAPTER A—STATE AGENCY PROGRAMS 

11 ‘‘SEC. 1151. ELIGIBILITY. 

12 ‘‘A State agency is eligible for assistance under this 

13 chapter if such State agency is responsible for providing 

14 free public education for children and youth— 

15 ‘‘(1) in institutions for neglected or delinquent 

16 children and youth; 

17 ‘‘(2) attending community day programs for ne18 glected or delinquent children and youth; or 

19 ‘‘(3) in adult correctional institutions. 

20 ‘‘SEC. 1152. ALLOCATION OF FUNDS. 

21 ‘‘(a) SUBGRANTS TO STATE AGENCIES.— 

22 ‘‘(1) IN GENERAL.—Each State agency de23 scribed in section 1151 (other than an agency in the 

24 Commonwealth of Puerto Rico) is eligible to receive 
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1 a subgrant under this chapter, for each fiscal year, 

2 in an amount equal to the product of— 

3 ‘‘(A) the number of neglected or delinquent 

4 children and youth described in section 1151 

5 who— 

6 ‘‘(i) are enrolled for at least 15 hours 

7 per week in education programs in adult 

8 correctional institutions; and 

9 ‘‘(ii) are enrolled for at least 20 hours 

10 per week— 

11 ‘‘(I) in education programs in in12 stitutions for neglected or delinquent 

13 children and youth; or 

14 ‘‘(II) in community day programs 

15 for neglected or delinquent children 

16 and youth; and 

17 ‘‘(B) 40 percent of the average per-pupil 

18 expenditure in the State, except that the 

19 amount determined under this subparagraph 

20 shall not be less than 32 percent, nor more 

21 than 48 percent, of the average per-pupil ex22 penditure in the United States. 

23 ‘‘(2) SPECIAL RULE.—The number of neglected 

24 or delinquent children and youth determined under 

25 paragraph (1) shall— 
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1 ‘‘(A) be determined by the State agency by 

2 a deadline set by the Secretary, except that no 

3 State agency shall be required to determine the 

4 number of such children and youth on a specific 

5 date set by the Secretary; and 

6 ‘‘(B) be adjusted, as the Secretary deter7 mines is appropriate, to reflect the relative 

8 length of such agency’s annual programs. 

9 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

10 RICO.— 

11 ‘‘(1) IN GENERAL.—For each fiscal year, the 

12 amount of the subgrant which a State agency in the 

13 Commonwealth of Puerto Rico shall be eligible to re14 ceive under this chapter shall be the amount deter15 mined by multiplying the number of children count16 ed under subsection (a)(1)(A) for the Common17 wealth of Puerto Rico by the product of— 

18 ‘‘(A) the percentage which the average per19 pupil expenditure in the Commonwealth of 

20 Puerto Rico is of the lowest average per-pupil 

21 expenditure of any of the 50 States; and 

22 ‘‘(B) 32 percent of the average per-pupil 

23 expenditure in the United States. 
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1 ‘‘(2) MINIMUM PERCENTAGE.—The percentage 

2 in paragraph (1)(A) shall not be less than 85 per3 cent. 

4 ‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFI5 CIENT APPROPRIATIONS.—If the amount reserved for any 

6 fiscal year for subgrants under subsections (a) and (b) is 

7 insufficient to pay the full amount for which all State 

8 agencies are eligible under such subsections, the Secretary 

9 shall ratably reduce each such amount. 

10 ‘‘SEC. 1153. STATE REALLOCATION OF FUNDS. 

11 ‘‘If a State educational agency determines that a 

12 State agency does not need the full amount of the 

13 subgrant for which such State agency is eligible under this 

14 chapter for any fiscal year, the State educational agency 

15 may reallocate the amount that will not be needed to other 

16 eligible State agencies that need additional funds to carry 

17 out the purpose of this chapter, in such amounts as the 

18 State educational agency shall determine. 

19 ‘‘SEC. 1154. STATE PLAN AND STATE AGENCY APPLICA20 TIONS. 

21 ‘‘(a) STATE PLAN.— 

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

23 agency that desires to receive a grant under this 

24 chapter shall submit, for approval by the Secretary, 

25 a plan— 
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1 ‘‘(A) for meeting the educational needs of 

2 neglected, delinquent, and at-risk children and 

3 youth; 

4 ‘‘(B) for assisting in the transition of chil5 dren and youth from correctional facilities to lo6 cally operated programs; and 

7 ‘‘(C) that is integrated with other pro8 grams under this Act or other Acts, as appro9 priate. 

10 ‘‘(2) CONTENTS.—Each such State plan shall— 

11 ‘‘(A) describe how the State will assess the 

12 effectiveness of the program in improving the 

13 academic, career, and technical skills of chil14 dren in the program; 

15 ‘‘(B) provide that, to the extent feasible, 

16 such children will have the same opportunities 

17 to achieve as such children would have if such 

18 children were in the schools of local educational 

19 agencies in the State; 

20 ‘‘(C) describe how the State will place a 

21 priority for such children to obtain a regular 

22 high school diploma, to the extent feasible; and 

23 ‘‘(D) contain an assurance that the State 

24 educational agency will— 
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1 ‘‘(i) ensure that programs assisted 

2 under this chapter will be carried out in 

3 accordance with the State plan described 

4 in this subsection; 

5 ‘‘(ii) carry out the evaluation require6 ments of section 1171; and 

7 ‘‘(iii) ensure that the State agencies 

8 receiving subgrants under this chapter 

9 comply with all applicable statutory and 

10 regulatory requirements. 

11 ‘‘(3) DURATION OF THE PLAN.—Each such 

12 State plan shall— 

13 ‘‘(A) remain in effect for the duration of 

14 the State’s participation under this chapter; 

15 and 

16 ‘‘(B) be periodically reviewed and revised 

17 by the State, as necessary, to reflect changes in 

18 the State’s strategies and programs under this 

19 chapter. 

20 ‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 

21 ‘‘(1) SECRETARIAL APPROVAL.—The Secretary 

22 shall approve each State plan that meets the re23 quirements of this chapter. 
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1 ‘‘(2) PEER REVIEW.—The Secretary may review 

2 any State plan with the assistance and advice of in3 dividuals with relevant expertise. 

4 ‘‘(c) STATE AGENCY APPLICATIONS.—Any State 

5 agency that desires to receive funds to carry out a pro6 gram under this chapter shall submit an application to 

7 the State educational agency that— 

8 ‘‘(1) describes the procedures to be used, con9 sistent with the State plan under section 1111, to 

10 assess the educational needs of the children to be 

11 served under this chapter; 

12 ‘‘(2) provide an assurance that in making serv13 ices available to children and youth in adult correc14 tional institutions, priority will be given to such chil15 dren and youth who are likely to complete incarcer16 ation within a 2-year period; 

17 ‘‘(3) describes the program, including a budget 

18 for the first year of the program, with annual up19 dates to be provided to the State educational agency; 

20 ‘‘(4) describes how the program will meet the 

21 goals and objectives of the State plan; 

22 ‘‘(5) describes how the State agency will consult 

23 with experts and provide the necessary training for 

24 appropriate staff, to ensure that the planning and 
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1 operation of institution-wide projects under section 

2 1156 are of high quality; 

3 ‘‘(6) describes how the programs will be coordi4 nated with other appropriate State and Federal pro5 grams, such as programs under title I of Public Law 

6 105–220, career and technical education programs, 

7 State and local dropout prevention programs, and 

8 special education programs; 

9 ‘‘(7) describes how the State agency will en10 courage correctional facilities receiving funds under 

11 this chapter to coordinate with local educational 

12 agencies or alternative education programs attended 

13 by incarcerated children and youth prior to and after 

14 their incarceration to ensure that student assess15 ments and appropriate academic records are shared 

16 jointly between the correctional facility and the local 

17 educational agency or alternative education program; 

18 ‘‘(8) describes how appropriate professional de19 velopment will be provided to teachers and other 

20 staff; 

21 ‘‘(9) designates an individual in each affected 

22 correctional facility or institution for neglected or 

23 delinquent children and youth to be responsible for 

24 issues relating to the transition of such children and 
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1 youth from such facility or institution to locally op2 erated programs; 

3 ‘‘(10) describes how the State agency will en4 deavor to coordinate with businesses for training and 

5 mentoring for participating children and youth; 

6 ‘‘(11) provides an assurance that the State 

7 agency will assist in locating alternative programs 

8 through which students can continue their education 

9 if the students are not returning to school after leav10 ing the correctional facility or institution for ne11 glected or delinquent children and youth; 

12 ‘‘(12) provides assurances that the State agency 

13 will work with parents to secure parents’ assistance 

14 in improving the educational achievement of their 

15 children and youth, and preventing their children’s 

16 and youth’s further involvement in delinquent activi17 ties; 

18 ‘‘(13) provides an assurance that the State 

19 agency will work with children and youth with dis20 abilities in order to meet an existing individualized 

21 education program and an assurance that the agen22 cy will notify the child’s or youth’s local school if the 

23 child or youth— 

24 ‘‘(A) is identified as in need of special edu25 cation services while the child or youth is in the 
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1 correctional facility or institution for neglected 

2 or delinquent children and youth; and 

3 ‘‘(B) intends to return to the local school; 

4 ‘‘(14) provides an assurance that the State 

5 agency will work with children and youth who 

6 dropped out of school before entering the correc7 tional facility or institution for neglected or delin8 quent children and youth to encourage the children 

9 and youth to reenter school and obtain a regular 

10 high school diploma once the term of the incarcer11 ation is completed, or provide the child or youth with 

12 the skills necessary to gain employment, continue 

13 the education of the child or youth, or obtain a reg14 ular high school diploma or its recognized equivalent 

15 if the child or youth does not intend to return to 

16 school; 

17 ‘‘(15) provides an assurance that effective 

18 teachers and other qualified staff are trained to 

19 work with children and youth with disabilities and 

20 other students with special needs taking into consid21 eration the unique needs of such students; 

22 ‘‘(16) describes any additional services to be 

23 provided to children and youth, such as career coun24 seling, distance education, and assistance in securing 

25 student loans and grants; and 
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1 ‘‘(17) provides an assurance that the program 

2 under this chapter will be coordinated with any pro3 grams operated under the Juvenile Justice and De4 linquency Prevention Act of 1974 (42 U.S.C. 5601 

5 et seq.) or other comparable programs, if applicable. 

6 ‘‘SEC. 1155. USE OF FUNDS. 

7 ‘‘(a) USES.— 

8 ‘‘(1) IN GENERAL.—A State agency shall use 

9 funds received under this chapter only for programs 

10 and projects that— 

11 ‘‘(A) are consistent with the State plan 

12 under section 1154(a); and 

13 ‘‘(B) concentrate on providing participants 

14 with the knowledge and skills needed to make 

15 a successful transition to secondary school com16 pletion, career and technical education, further 

17 education, or employment without the need for 

18 remediation. 

19 ‘‘(2) PROGRAMS AND PROJECTS.—Such pro20 grams and projects— 

21 ‘‘(A) may include the acquisition of equip22 ment; 

23 ‘‘(B) shall be designed to support edu24 cational services that— 
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1 ‘‘(i) except for institution-wide 

2 projects under section 1156, are provided 

3 to children and youth identified by the 

4 State agency as failing, or most at-risk of 

5 failing, to meet the State’s academic stand6 ards; 

7 ‘‘(ii) supplement and improve the 

8 quality of the educational services provided 

9 to such children and youth by the State 

10 agency; and 

11 ‘‘(iii) afford such children and youth 

12 an opportunity to meet State academic 

13 standards; and 

14 ‘‘(C) shall be carried out in a manner con15 sistent with section 1120A and part C (as ap16 plied to programs and projects under this chap17 ter). 

18 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program 

19 under this chapter that supplements the number of hours 

20 of instruction students receive from State and local 

21 sources shall be considered to comply with the supplement, 

22 not supplant requirement of section 1120A (as applied to 

23 this chapter) without regard to the subject areas in which 

24 instruction is given during those hours. 
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1 ‘‘SEC. 1156. INSTITUTION-WIDE PROJECTS. 

2 ‘‘A State agency that provides free public education 

3 for children and youth in an institution for neglected or 

4 delinquent children and youth (other than an adult correc5 tional institution) or attending a community day program 

6 for such children and youth may use funds received under 

7 this chapter to serve all children in, and upgrade the entire 

8 educational effort of, that institution or program if the 

9 State agency has developed, and the State educational 

10 agency has approved, a comprehensive plan for that insti11 tution or program that— 

12 ‘‘(1) provides for a comprehensive assessment 

13 of the educational needs of all children and youth in 

14 the institution or program serving juveniles; 

15 ‘‘(2) provides for a comprehensive assessment 

16 of the educational needs of youth aged 20 and 

17 younger in adult facilities who are expected to com18 plete incarceration within a 2-year period; 

19 ‘‘(3) describes the steps the State agency has 

20 taken, or will take, to provide all children and youth 

21 under age 21 with the opportunity to meet State 

22 academic standards in order to improve the likeli23 hood that the children and youth will complete sec24 ondary school, obtain a regular high school diploma 

25 or its recognized equivalent, or find employment 

26 after leaving the institution; 
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1 ‘‘(4) describes the instructional program, spe2 cialized instructional support services, and proce3 dures that will be used to meet the needs described 

4 in paragraph (1), including, to the extent feasible, 

5 the provision of mentors for the children and youth 

6 described in paragraph (1); 

7 ‘‘(5) specifically describes how such funds will 

8 be used; 

9 ‘‘(6) describes the measures and procedures 

10 that will be used to assess and improve student 

11 achievement; 

12 ‘‘(7) describes how the agency has planned, and 

13 will implement and evaluate, the institution-wide or 

14 program-wide project in consultation with personnel 

15 providing direct instructional services and support 

16 services in institutions or community day programs 

17 for neglected or delinquent children and youth, and 

18 with personnel from the State educational agency; 

19 and 

20 ‘‘(8) includes an assurance that the State agen21 cy has provided for appropriate training for teachers 

22 and other instructional and administrative personnel 

23 to enable such teachers and personnel to carry out 

24 the project effectively. 
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1 ‘‘SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS. 

2 ‘‘If a State agency operates a program or project 

3 under this chapter in which individual children or youth 

4 are likely to participate for more than one year, the State 

5 educational agency may approve the State agency’s appli6 cation for a subgrant under this chapter for a period of 

7 not more than 3 years. 

8 ‘‘SEC. 1158. TRANSITION SERVICES. 

9 ‘‘(a) TRANSITION SERVICES.—Each State agency 

10 shall reserve not less than 15 percent and not more than 

11 30 percent of the amount such agency receives under this 

12 chapter for any fiscal year to support— 

13 ‘‘(1) projects that facilitate the transition of 

14 children and youth from State-operated institutions 

15 to schools served by local educational agencies; or 

16 ‘‘(2) the successful re-entry of youth offenders, 

17 who are age 20 or younger and have received a reg18 ular high school diploma or its recognized equiva19 lent, into postsecondary education, or career and 

20 technical training programs, through strategies de21 signed to expose the youth to, and prepare the youth 

22 for, postsecondary education, or career and technical 

23 training programs, such as— 

24 ‘‘(A) preplacement programs that allow ad25 judicated or incarcerated youth to audit or at26 tend courses on college, university, or commu-
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1 nity college campuses, or through programs 

2 provided in institutional settings; 

3 ‘‘(B) worksite schools, in which institutions 

4 of higher education and private or public em5 ployers partner to create programs to help stu6 dents make a successful transition to postsec7 ondary education and employment; and 

8 ‘‘(C) essential support services to ensure 

9 the success of the youth, such as— 

10 ‘‘(i) personal, career and technical, 

11 and academic counseling; 

12 ‘‘(ii) placement services designed to 

13 place the youth in a university, college, or 

14 junior college program; 

15 ‘‘(iii) information concerning, and as16 sistance in obtaining, available student fi17 nancial aid; 

18 ‘‘(iv) counseling services; and 

19 ‘‘(v) job placement services. 

20 ‘‘(b) CONDUCT OF PROJECTS.—A project supported 

21 under this section may be conducted directly by the State 

22 agency, or through a contract or other arrangement with 

23 one or more local educational agencies, other public agen24 cies, or private organizations. 
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1 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to prohibit a school that receives 

3 funds under subsection (a) from serving neglected and de4 linquent children and youth simultaneously with students 

5 with similar educational needs, in the same educational 

6 settings where appropriate. 

7 ‘‘SEC. 1159. TECHNICAL ASSISTANCE. 

8 ‘‘The Secretary shall reserve not more than 1 percent 

9 of the amount reserved under section 1141 to provide 

10 technical assistance to and support State agency programs 

11 assisted under this chapter. 

12 ‘‘CHAPTER B—LOCAL AGENCY PROGRAMS 

13 ‘‘SEC. 1161. PURPOSE. 

14 ‘‘The purpose of this chapter is to support the oper15 ation of local educational agency programs that involve 

16 collaboration with locally operated correctional facilities— 

17 ‘‘(1) to carry out high quality education pro18 grams to prepare children and youth for secondary 

19 school completion, training, employment, or further 

20 education; 

21 ‘‘(2) to provide activities to facilitate the transi22 tion of such children and youth from the correctional 

23 program to further education or employment; and 

24 ‘‘(3) to operate programs in local schools for 

25 children and youth returning from correctional facili-
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1 ties, and programs which may serve at-risk children 

2 and youth. 

3 ‘‘SEC. 1162. PROGRAMS OPERATED BY LOCAL EDU4 CATIONAL AGENCIES. 

5 ‘‘(a) LOCAL SUBGRANTS.—With funds made avail6 able under section 1142(b), the State educational agency 

7 shall award subgrants to local educational agencies with 

8 high numbers or percentages of children and youth resid9 ing in locally operated (including county operated) correc10 tional facilities for children and youth (including facilities 

11 involved in community day programs). 

12 ‘‘(b) SPECIAL RULE.—A local educational agency 

13 that serves a school operated by a correctional facility is 

14 not required to operate a program of support for children 

15 and youth returning from such school to a school that is 

16 not operated by a correctional agency but served by such 

17 local educational agency, if more than 30 percent of the 

18 children and youth attending the school operated by the 

19 correctional facility will reside outside the boundaries 

20 served by the local educational agency after leaving such 

21 facility. 

22 ‘‘(c) NOTIFICATION.—A State educational agency 

23 shall notify local educational agencies within the State of 

24 the eligibility of such agencies to receive a subgrant under 

25 this chapter. 
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1 ‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.— 

2 Transitional and supportive programs operated in local 

3 educational agencies under this chapter shall be designed 

4 primarily to meet the transitional and academic needs of 

5 students returning to local educational agencies or alter6 native education programs from correctional facilities. 

7 Services to students at-risk of dropping out of school shall 

8 not have a negative impact on meeting the transitional and 

9 academic needs of the students returning from correc10 tional facilities. 

11 ‘‘SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

12 ‘‘Each local educational agency desiring assistance 

13 under this chapter shall submit an application to the State 

14 educational agency that contains such information as the 

15 State educational agency may require. Each such applica16 tion shall include— 

17 ‘‘(1) a description of the program to be as18 sisted; 

19 ‘‘(2) a description of formal agreements, re20 garding the program to be assisted, between— 

21 ‘‘(A) the local educational agency; and 

22 ‘‘(B) correctional facilities and alternative 

23 school programs serving children and youth in24 volved with the juvenile justice system; 
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1 ‘‘(3) as appropriate, a description of how par2 ticipating schools will coordinate with facilities work3 ing with delinquent children and youth to ensure 

4 that such children and youth are participating in an 

5 education program comparable to one operating in 

6 the local school such youth would attend; 

7 ‘‘(4) a description of the program operated by 

8 participating schools for children and youth return9 ing from correctional facilities and, as appropriate, 

10 the types of services that such schools will provide 

11 such children and youth and other at-risk children 

12 and youth; 

13 ‘‘(5) a description of the characteristics (includ14 ing learning difficulties, substance abuse problems, 

15 and other needs) of the children and youth who will 

16 be returning from correctional facilities and, as ap17 propriate, other at-risk children and youth expected 

18 to be served by the program, and a description of 

19 how the school will coordinate existing educational 

20 programs to meet the unique educational needs of 

21 such children and youth; 

22 ‘‘(6) as appropriate, a description of how 

23 schools will coordinate with existing social, health, 

24 and other services to meet the needs of students re25 turning from correctional facilities and at-risk chil-
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1 dren or youth, including prenatal health care and 

2 nutrition services related to the health of the parent 

3 and the child or youth, parenting and child develop4 ment classes, child care, targeted reentry and out5 reach programs, referrals to community resources, 

6 and scheduling flexibility; 

7 ‘‘(7) as appropriate, a description of any part8 nerships with local businesses to develop training, 

9 curriculum-based youth entrepreneurship education, 

10 and mentoring services for participating students; 

11 ‘‘(8) as appropriate, a description of how the 

12 program will involve parents in efforts to improve 

13 the educational achievement of their children, assist 

14 in dropout prevention activities, and prevent the in15 volvement of their children in delinquent activities; 

16 ‘‘(9) a description of how the program under 

17 this chapter will be coordinated with other Federal, 

18 State, and local programs, such as programs under 

19 title I of Public Law 105–220 and career and tech20 nical education programs serving at-risk children 

21 and youth; 

22 ‘‘(10) a description of how the program will be 

23 coordinated with programs operated under the Juve24 nile Justice and Delinquency Prevention Act of 1974 

25 and other comparable programs, if applicable; 
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1 ‘‘(11) as appropriate, a description of how 

2 schools will work with probation officers to assist in 

3 meeting the needs of children and youth returning 

4 from correctional facilities; 

5 ‘‘(12) a description of the efforts participating 

6 schools will make to ensure correctional facilities 

7 working with children and youth are aware of a 

8 child’s or youth’s existing individualized education 

9 program; and 

10 ‘‘(13) as appropriate, a description of the steps 

11 participating schools will take to find alternative 

12 placements for children and youth interested in con13 tinuing their education but unable to participate in 

14 a traditional public school program. 

15 ‘‘SEC. 1164. USES OF FUNDS. 

16 ‘‘(a) IN GENERAL.—Funds provided to local edu17 cational agencies under this chapter may be used, as ap18 propriate, for— 

19 ‘‘(1) programs that serve children and youth re20 turning to local schools from correctional facilities, 

21 to assist in the transition of such children and youth 

22 to the school environment and help them remain in 

23 school in order to complete their education; 

24 ‘‘(2) dropout prevention programs which serve 

25 at-risk children and youth; 
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1 ‘‘(3) the coordination of health and social serv2 ices for such individuals if there is a likelihood that 

3 the provision of such services, including day care, 

4 drug and alcohol counseling, and mental health serv5 ices, will improve the likelihood such individuals will 

6 complete their education; 

7 ‘‘(4) special programs to meet the unique aca8 demic needs of participating children and youth, in9 cluding career and technical education, special edu10 cation, career counseling, curriculum-based youth 

11 entrepreneurship education, and assistance in secur12 ing student loans or grants for postsecondary edu13 cation; and 

14 ‘‘(5) programs providing mentoring and peer 

15 mediation. 

16 ‘‘(b) CONTRACTS AND GRANTS.—A local educational 

17 agency may use a grant received under this chapter to 

18 carry out the activities described under paragraphs (1) 

19 through (5) of subsection (a) directly or through grants, 

20 contracts, or cooperative agreements. 

21 ‘‘SEC. 1165. PROGRAM REQUIREMENTS FOR CORREC22 TIONAL FACILITIES RECEIVING FUNDS 

23 UNDER THIS SECTION. 

24 ‘‘Each correctional facility entering into an agree25 ment with a local educational agency under section 
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1 1163(2) to provide services to children and youth under 

2 this chapter shall— 

3 ‘‘(1) where feasible, ensure that educational 

4 programs in the correctional facility are coordinated 

5 with the student’s home school, particularly with re6 spect to a student with an individualized education 

7 program under part B of the Individuals with Dis8 abilities Education Act; 

9 ‘‘(2) if the child or youth is identified as in 

10 need of special education services while in the cor11 rectional facility, notify the local school of the child 

12 or youth of such need; 

13 ‘‘(3) where feasible, provide transition assist14 ance to help the child or youth stay in school, in15 cluding coordination of services for the family, coun16 seling, assistance in accessing drug and alcohol 

17 abuse prevention programs, tutoring, and family 

18 counseling; 

19 ‘‘(4) provide support programs that encourage 

20 children and youth who have dropped out of school 

21 to re-enter school and obtain a regular high school 

22 diploma once their term at the correctional facility 

23 has been completed, or provide such children and 

24 youth with the skills necessary to gain employment 
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1 or seek a regular high school diploma or its recog2 nized equivalent; 

3 ‘‘(5) work to ensure that the correctional facil4 ity is staffed with effective teachers and other quali5 fied staff who are trained to work with children and 

6 youth with disabilities taking into consideration the 

7 unique needs of such children and youth; 

8 ‘‘(6) ensure that educational programs in the 

9 correctional facility are related to assisting students 

10 to meet the States’s academic standards; 

11 ‘‘(7) to the extent possible, use technology to 

12 assist in coordinating educational programs between 

13 the correctional facility and the community school; 

14 ‘‘(8) where feasible, involve parents in efforts to 

15 improve the educational achievement of their chil16 dren and prevent the further involvement of such 

17 children in delinquent activities; 

18 ‘‘(9) coordinate funds received under this chap19 ter with other local, State, and Federal funds avail20 able to provide services to participating children and 

21 youth, such as funds made available under title I of 

22 Public Law 105–220, and career and technical edu23 cation funds; 

24 ‘‘(10) coordinate programs operated under this 

25 chapter with activities funded under the Juvenile 
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1 Justice and Delinquency Prevention Act of 1974 and 

2 other comparable programs, if applicable; 

3 ‘‘(11) if appropriate, work with local businesses 

4 to develop training, curriculum-based youth entre5 preneurship education, and mentoring programs for 

6 children and youth; and 

7 ‘‘(12) consult with the local educational agency 

8 for a period jointly determined necessary by the cor9 rectional facility and local educational agency upon 

10 discharge from that facility to coordinate educational 

11 services so as to minimize disruption to the child’s 

12 or youth’s achievement. 

13 ‘‘SEC. 1166. ACCOUNTABILITY. 

14 ‘‘The State educational agency— 

15 ‘‘(1) may require correctional facilities or insti16 tutions for neglected or delinquent children and 

17 youth to demonstrate, after receiving assistance 

18 under this chapter for 3 years, that there has been 

19 an increase in the number of children and youth re20 turning to school, obtaining a regular high school di21 ploma or its recognized equivalent, or obtaining em22 ployment after such children and youth are released; 

23 and 

24 ‘‘(2) may reduce or terminate funding for 

25 projects under this chapter if a local educational 
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1 agency does not show progress in the number of 

2 children and youth obtaining a regular high school 

3 diploma or its recognized equivalent. 

4 ‘‘CHAPTER C—GENERAL PROVISIONS 

5 ‘‘SEC. 1171. PROGRAM EVALUATIONS. 

6 ‘‘(a) SCOPE OF EVALUATION.—Each State agency or 

7 local educational agency that conducts a program under 

8 chapters A or B shall evaluate the program, 

9 disaggregating data on participation by gender, race, eth10 nicity, and age, not less than once every 3 years, to deter11 mine the program’s impact on the ability of participants— 

12 ‘‘(1) to maintain and improve educational 

13 achievement; 

14 ‘‘(2) to accrue school credits that meet State re15 quirements for grade promotion and high school 

16 graduation; 

17 ‘‘(3) to make the transition to a regular pro18 gram or other education program operated by a local 

19 educational agency; 

20 ‘‘(4) to complete high school (or high school 

21 equivalency requirements) and obtain employment 

22 after leaving the correctional facility or institution 

23 for neglected or delinquent children and youth; and 

24 ‘‘(5) as appropriate, to participate in postsec25 ondary education and job training programs. 
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1 ‘‘(b) EXCEPTION.—The disaggregation required 

2 under subsection (a) shall not be required in a case in 

3 which the number of students in a category is insufficient 

4 to yield statistically reliable information or the results 

5 would reveal personally identifiable information about an 

6 individual student. 

7 ‘‘(c) EVALUATION MEASURES.—In conducting each 

8 evaluation under subsection (a), a State agency or local 

9 educational agency shall use multiple and appropriate 

10 measures of student progress. 

11 ‘‘(d) EVALUATION RESULTS.—Each State agency 

12 and local educational agency shall— 

13 ‘‘(1) submit evaluation results to the State edu14 cational agency and the Secretary; and 

15 ‘‘(2) use the results of evaluations under this 

16 section to plan and improve subsequent programs 

17 for participating children and youth. 

18 ‘‘SEC. 1172. DEFINITIONS. 

19 ‘‘In this subpart: 

20 ‘‘(1) ADULT CORRECTIONAL INSTITUTION.— 

21 The term ‘adult correctional institution’ means a fa22 cility in which persons (including persons under 21 

23 years of age) are confined as a result of a conviction 

24 for a criminal offense. 
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1 ‘‘(2) AT-RISK.—The term ‘at-risk’, when used 

2 with respect to a child, youth, or student, means a 

3 school-aged individual who— 

4 ‘‘(A) is at-risk of academic failure; and 

5 ‘‘(B) has a drug or alcohol problem, is 

6 pregnant or is a parent, has come into contact 

7 with the juvenile justice system in the past, is 

8 at least 1 year behind the expected grade level 

9 for the age of the individual, is an English 

10 learner, is a gang member, has dropped out of 

11 school in the past, or has a high absenteeism 

12 rate at school. 

13 ‘‘(3) COMMUNITY DAY PROGRAM.—The term 

14 ‘community day program’ means a regular program 

15 of instruction provided by a State agency at a com16 munity day school operated specifically for neglected 

17 or delinquent children and youth. 

18 ‘‘(4) INSTITUTION FOR NEGLECTED OR DELIN19 QUENT CHILDREN AND YOUTH.—The term ‘institu20 tion for neglected or delinquent children and youth’ 

21 means— 

22 ‘‘(A) a public or private residential facility, 

23 other than a foster home, that is operated for 

24 the care of children who have been committed 

25 to the institution or voluntarily placed in the in-
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1 stitution under applicable State law, due to 

2 abandonment, neglect, or death of their parents 

3 or guardians; or 

4 ‘‘(B) a public or private residential facility 

5 for the care of children who have been adju6 dicated to be delinquent or in need of super7 vision. 

8 ‘‘Subpart 4—English Language Acquisition, 

9 Language Enhancement, and Academic Achievement 

10 ‘‘SEC. 1181. PURPOSES. 

11 ‘‘The purposes of this subpart are— 

12 ‘‘(1) to help ensure that English learners, in13 cluding immigrant children and youth, attain 

14 English proficiency and develop high levels of aca15 demic achievement in English; 

16 ‘‘(2) to assist all English learners, including im17 migrant children and youth, to achieve at high levels 

18 in the core academic subjects so that those children 

19 can meet the same State academic standards that all 

20 children are expected to meet, consistent with sec21 tion 1111(b)(1); 

22 ‘‘(3) to assist State educational agencies, local 

23 educational agencies, and schools in establishing, im24 plementing, and sustaining high-quality, flexible, evi25 dence-based language instruction educational pro-
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1 grams designed to assist in teaching English learn2 ers, including immigrant children and youth; 

3 ‘‘(4) to assist State educational agencies and 

4 local educational agencies to develop and enhance 

5 their capacity to provide high-quality, evidence-based 

6 instructional programs designed to prepare English 

7 learners, including immigrant children and youth, to 

8 enter all-English instruction settings; and 

9 ‘‘(5) to promote parental and community par10 ticipation in language instruction educational pro11 grams for the parents and communities of English 

12 learners. 

13 ‘‘CHAPTER A—GRANTS AND SUBGRANTS 

14 FOR ENGLISH LANGUAGE ACQUISI15 TION AND LANGUAGE ENHANCEMENT 

16 ‘‘SEC. 1191. FORMULA GRANTS TO STATES. 

17 ‘‘(a) IN GENERAL.—In the case of each State edu18 cational agency having a plan approved by the Secretary 

19 for a fiscal year under section 1192, the Secretary shall 

20 reserve 4.4 percent of funds appropriated under section 

21 3(a)(1) to make a grant for the year to the agency for 

22 the purposes specified in subsection (b). The grant shall 

23 consist of the allotment determined for the State edu24 cational agency under subsection (c). 

25 ‘‘(b) USE OF FUNDS.— 
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1 ‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The 

2 Secretary may make a grant under subsection (a) 

3 only if the State educational agency involved agrees 

4 to expend at least 95 percent of the State edu5 cational agency’s allotment under subsection (c) for 

6 a fiscal year— 

7 ‘‘(A) to award subgrants, from allocations 

8 under section 1193, to eligible entities to carry 

9 out the activities described in section 1194 

10 (other than subsection (e)); and 

11 ‘‘(B) to award subgrants under section 

12 1193(d)(1) to eligible entities that are described 

13 in that section to carry out the activities de14 scribed in section 1194(e). 

15 ‘‘(2) STATE ACTIVITIES.—Subject to paragraph 

16 (3), each State educational agency receiving a grant 

17 under subsection (a) may reserve not more than 5 

18 percent of the agency’s allotment under subsection 

19 (c) to carry out the following activities: 

20 ‘‘(A) Professional development activities, 

21 and other activities, which may include assisting 

22 personnel in— 

23 ‘‘(i) meeting State and local certifi24 cation and licensing requirements for 

25 teaching English learners; and 
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1 ‘‘(ii) improving teacher skills in meet2 ing the diverse needs of English learners, 

3 including in how to implement evidence4 based programs and curricula on teaching 

5 English learners. 

6 ‘‘(B) Planning, evaluation, administration, 

7 and interagency coordination related to the sub8 grants referred to in paragraph (1). 

9 ‘‘(C) Providing technical assistance and 

10 other forms of assistance to eligible entities that 

11 are receiving subgrants from a State edu12 cational agency under this chapter, including 

13 assistance in— 

14 ‘‘(i) identifying and implementing evi15 dence-based language instruction edu16 cational programs and curricula for teach17 ing English learners; 

18 ‘‘(ii) helping English learners meet 

19 the same State academic standards that all 

20 children are expected to meet; 

21 ‘‘(iii) identifying or developing, and 

22 implementing, measures of English pro23 ficiency; and 
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1 ‘‘(iv) strengthening and increasing 

2 parent, family, and community engage3 ment. 

4 ‘‘(D) Providing recognition, which may in5 clude providing financial awards, to subgrantees 

6 that have significantly improved the achieve7 ment and progress of English learners in— 

8 ‘‘(i) reaching English language pro9 ficiency, based on the State’s English lan10 guage proficiency assessment under section 

11 1111(b)(2)(D); and 

12 ‘‘(ii) meeting the State academic 

13 standards under section 1111(b)(1). 

14 ‘‘(3) ADMINISTRATIVE EXPENSES.—From the 

15 amount reserved under paragraph (2), a State edu16 cational agency may use not more than 40 percent 

17 of such amount or $175,000, whichever is greater, 

18 for the planning and administrative costs of carrying 

19 out paragraphs (1) and (2). 

20 ‘‘(c) RESERVATIONS AND ALLOTMENTS.— 

21 ‘‘(1) RESERVATIONS.—From the amount re22 served under section 1191(a) for each fiscal year, 

23 the Secretary shall reserve— 

24 ‘‘(A) 0.5 percent of such amount for pay25 ments to outlying areas, to be allotted in ac-
156 

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1 cordance with their respective needs for assist2 ance under this chapter, as determined by the 

3 Secretary, for activities, approved by the Sec4 retary, consistent with this chapter; and 

5 ‘‘(B) 6.5 percent of such amount for na6 tional activities under sections 1211 and 1222, 

7 except that not more than $2,000,000 of such 

8 amount may be reserved for the National Clear9 inghouse for English Language Acquisition and 

10 Language Instruction Educational Programs 

11 described in section 1222. 

12 ‘‘(2) STATE ALLOTMENTS.— 

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

14 subparagraph (B), from the amount reserved 

15 under section 1191(a) for each fiscal year that 

16 remains after making the reservations under 

17 paragraph (1), the Secretary shall allot to each 

18 State educational agency having a plan ap19 proved under section 1192(c)— 

20 ‘‘(i) an amount that bears the same 

21 relationship to 80 percent of the remainder 

22 as the number of English learners in the 

23 State bears to the number of such children 

24 in all States, as determined by data avail25 able from the American Community Survey 
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1 conducted by the Department of Commerce 

2 or State-reported data; and 

3 ‘‘(ii) an amount that bears the same 

4 relationship to 20 percent of the remainder 

5 as the number of immigrant children and 

6 youth in the State bears to the number of 

7 such children and youth in all States, as 

8 determined based only on data available 

9 from the American Community Survey 

10 conducted by the Department of Com11 merce. 

12 ‘‘(B) MINIMUM ALLOTMENTS.—No State 

13 educational agency shall receive an allotment 

14 under this paragraph that is less than 

15 $500,000. 

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 chapter, the Secretary shall reallot any por24 tion of such allotment to the remaining State 
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1 educational agencies in accordance with sub2 paragraph (A). 

3 ‘‘(D) SPECIAL RULE FOR PUERTO RICO.— 

4 The total amount allotted to Puerto Rico for 

5 any fiscal year under subparagraph (A) shall 

6 not exceed 0.5 percent of the total amount al7 lotted to all States for that fiscal year. 

8 ‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 

9 making State allotments under paragraph (2) for 

10 each fiscal year, the Secretary shall determine the 

11 number of English learners in a State and in all 

12 States, using the most accurate, up-to-date data, 

13 which shall be— 

14 ‘‘(A) data from the American Community 

15 Survey conducted by the Department of Com16 merce, which may be multiyear estimates; 

17 ‘‘(B) the number of students being as18 sessed for English language proficiency, based 

19 on the State’s English language proficiency as20 sessment under section 1111(b)(2)(D), which 

21 may be multiyear estimates; or 

22 ‘‘(C) a combination of data available under 

23 subparagraphs (A) and (B). 
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1 ‘‘SEC. 1192. STATE EDUCATIONAL AGENCY PLANS. 

2 ‘‘(a) PLAN REQUIRED.—Each State educational 

3 agency desiring a grant under this chapter shall submit 

4 a plan to the Secretary at such time and in such manner 

5 as the Secretary may require. 

6 ‘‘(b) CONTENTS.—Each plan submitted under sub7 section (a) shall— 

8 ‘‘(1) describe the process that the agency will 

9 use in awarding subgrants to eligible entities under 

10 section 1193(d)(1); 

11 ‘‘(2) provide an assurance that— 

12 ‘‘(A) the agency will ensure that eligible 

13 entities receiving a subgrant under this chapter 

14 comply with the requirement in section 

15 1111(b)(2)(B)(x) to annually assess in English 

16 learners who have been in the United States for 

17 3 or more consecutive years; 

18 ‘‘(B) the agency will ensure that eligible 

19 entities receiving a subgrant under this chapter 

20 annually assess the English proficiency of all 

21 English learners participating in a program 

22 funded under this chapter, consistent with sec23 tion 1111(b)(2)(D); 

24 ‘‘(C) in awarding subgrants under section 

25 1193, the agency will address the needs of 

26 school systems of all sizes and in all geographic 
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1 areas, including school systems with rural and 

2 urban schools; 

3 ‘‘(D) subgrants to eligible entities under 

4 section 1193(d)(1) will be of sufficient size and 

5 scope to allow such entities to carry out high6 quality, evidence-based language instruction 

7 educational programs for English learners; 

8 ‘‘(E) the agency will require an eligible en9 tity receiving a subgrant under this chapter to 

10 use the subgrant in ways that will build such 

11 recipient’s capacity to continue to offer high12 quality evidence-based language instruction edu13 cational programs that assist English learners 

14 in meeting State academic standards; 

15 ‘‘(F) the agency will monitor the eligible 

16 entity receiving a subgrant under this chapter 

17 for compliance with applicable Federal fiscal re18 quirements; and 

19 ‘‘(G) the plan has been developed in con20 sultation with local educational agencies, teach21 ers, administrators of programs implemented 

22 under this chapter, parents, and other relevant 

23 stakeholders; 

24 ‘‘(3) describe how the agency will coordinate its 

25 programs and activities under this chapter with 
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1 other programs and activities under this Act and 

2 other Acts, as appropriate; 

3 ‘‘(4) describe how eligible entities in the State 

4 will be given the flexibility to teach English learn5 ers— 

6 ‘‘(A) using a high-quality, evidence-based 

7 language instruction curriculum for teaching 

8 English learners; and 

9 ‘‘(B) in the manner the eligible entities de10 termine to be the most effective; and 

11 ‘‘(5) describe how the agency will assist eligible 

12 entities in increasing the number of English learners 

13 who acquire English proficiency. 

14 ‘‘(c) APPROVAL.—The Secretary, after using a peer 

15 review process, shall approve a plan submitted under sub16 section (a) if the plan meets the requirements of this sec17 tion. 

18 ‘‘(d) DURATION OF PLAN.— 

19 ‘‘(1) IN GENERAL.—Each plan submitted by a 

20 State educational agency and approved under sub21 section (c) shall— 

22 ‘‘(A) remain in effect for the duration of 

23 the agency’s participation under this chapter; 

24 and 
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1 ‘‘(B) be periodically reviewed and revised 

2 by the agency, as necessary, to reflect changes 

3 to the agency’s strategies and programs carried 

4 out under this subpart. 

5 ‘‘(2) ADDITIONAL INFORMATION.— 

6 ‘‘(A) AMENDMENTS.—If the State edu7 cational agency amends the plan, the agency 

8 shall submit such amendment to the Secretary. 

9 ‘‘(B) APPROVAL.—The Secretary shall ap10 prove such amendment to an approved plan, 

11 unless the Secretary determines that the 

12 amendment will result in the agency not meet13 ing the requirements, or fulfilling the purposes, 

14 of this subpart. 

15 ‘‘(e) CONSOLIDATED PLAN.—A plan submitted under 

16 subsection (a) may be submitted as part of a consolidated 

17 plan under section 5302. 

18 ‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall 

19 provide technical assistance, if requested, in the develop20 ment of English proficiency standards and assessments. 

21 ‘‘SEC. 1193. WITHIN-STATE ALLOCATIONS. 

22 ‘‘(a) IN GENERAL.—After making the reservation re23 quired under subsection (d)(1), each State educational 

24 agency receiving a grant under section 1191(c)(2) shall 

25 award subgrants for a fiscal year by allocating in a timely 
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1 manner to each eligible entity in the State having a plan 

2 approved under section 1195 an amount that bears the 

3 same relationship to the amount received under the grant 

4 and remaining after making such reservation as the popu5 lation of English learners in schools served by the eligible 

6 entity bears to the population of English learners in 

7 schools served by all eligible entities in the State. 

8 ‘‘(b) LIMITATION.—A State educational agency shall 

9 not award a subgrant from an allocation made under sub10 section (a) if the amount of such subgrant would be less 

11 than $10,000. 

12 ‘‘(c) REALLOCATION.—Whenever a State educational 

13 agency determines that an amount from an allocation 

14 made to an eligible entity under subsection (a) for a fiscal 

15 year will not be used by the entity for the purpose for 

16 which the allocation was made, the agency shall, in accord17 ance with such rules as it determines to be appropriate, 

18 reallocate such amount, consistent with such subsection, 

19 to other eligible entities in the State that the agency deter20 mines will use the amount to carry out that purpose. 

21 ‘‘(d) REQUIRED RESERVATION.—A State educational 

22 agency receiving a grant under this chapter for a fiscal 

23 year— 

24 ‘‘(1) shall reserve not more than 15 percent of 

25 the agency’s allotment under section 1191(c)(2) to 
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1 award subgrants to eligible entities in the State that 

2 have experienced a significant increase, as compared 

3 to the average of the 2 preceding fiscal years, in the 

4 percentage or number of immigrant children and 

5 youth, who have enrolled, during the fiscal year pre6 ceding the fiscal year for which the subgrant is 

7 made, in public and nonpublic elementary schools 

8 and secondary schools in the geographic areas under 

9 the jurisdiction of, or served by, such entities; and 

10 ‘‘(2) in awarding subgrants under paragraph 

11 (1)— 

12 ‘‘(A) shall equally consider eligible entities 

13 that satisfy the requirement of such paragraph 

14 but have limited or no experience in serving im15 migrant children and youth; and 

16 ‘‘(B) shall consider the quality of each 

17 local plan under section 1195 and ensure that 

18 each subgrant is of sufficient size and scope to 

19 meet the purposes of this subpart. 

20 ‘‘SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES. 

21 ‘‘(a) PURPOSES OF SUBGRANTS.—A State edu22 cational agency may make a subgrant to an eligible entity 

23 from funds received by the agency under this chapter only 

24 if the entity agrees to expend the funds to improve the 

25 education of English learners, by assisting the children to 
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1 learn English and meet State academic standards. In car2 rying out activities with such funds, the eligible entity 

3 shall use evidence-based approaches and methodologies for 

4 teaching English learners and immigrant children and 

5 youth for the following purposes: 

6 ‘‘(1) Developing and implementing new lan7 guage instruction educational programs and aca8 demic content instruction programs for English 

9 learners and immigrant children and youth, includ10 ing programs of early childhood education, elemen11 tary school programs, and secondary school pro12 grams. 

13 ‘‘(2) Carrying out highly focused, innovative, lo14 cally designed, evidence-based activities to expand or 

15 enhance existing language instruction educational 

16 programs and academic content instruction pro17 grams for English learners and immigrant children 

18 and youth. 

19 ‘‘(3) Implementing, within an individual school, 

20 schoolwide programs for restructuring, reforming, 

21 and upgrading all relevant programs, activities, and 

22 operations relating to language instruction edu23 cational programs and academic content instruction 

24 for English learners and immigrant children and 

25 youth. 
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1 ‘‘(4) Implementing, within the entire jurisdic2 tion of a local educational agency, agencywide pro3 grams for restructuring, reforming, and upgrading 

4 all relevant programs, activities, and operations re5 lating to language instruction educational programs 

6 and academic content instruction for English learn7 ers and immigrant children and youth. 

8 ‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible en9 tity receiving funds under section 1193(a) for a fiscal year 

10 shall use not more than 2 percent of such funds for the 

11 cost of administering this chapter. 

12 ‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi13 ble entity receiving funds under section 1193(a) shall use 

14 the funds— 

15 ‘‘(1) to increase the English language pro16 ficiency of English learners by providing high-qual17 ity, evidence-based language instruction educational 

18 programs that meet the needs of English learners 

19 and have demonstrated success in increasing— 

20 ‘‘(A) English language proficiency; and 

21 ‘‘(B) student academic achievement in the 

22 core academic subjects; 

23 ‘‘(2) to provide high-quality, evidence-based 

24 professional development to classroom teachers (in25 cluding teachers in classroom settings that are not 
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1 the settings of language instruction educational pro2 grams), school leaders, administrators, and other 

3 school or community-based organization personnel, 

4 that is— 

5 ‘‘(A) designed to improve the instruction 

6 and assessment of English learners; 

7 ‘‘(B) designed to enhance the ability of 

8 teachers and school leaders to understand and 

9 implement curricula, assessment practices and 

10 measures, and instruction strategies for English 

11 learners; 

12 ‘‘(C) evidence-based in increasing chil13 dren’s English language proficiency or substan14 tially increasing the subject matter knowledge, 

15 teaching knowledge, and teaching skills of 

16 teachers; and 

17 ‘‘(D) of sufficient intensity and duration 

18 (which shall not include activities such as one19 day or short-term workshops and conferences) 

20 to have a positive and lasting impact on the 

21 teachers’ performance in the classroom, except 

22 that this subparagraph shall not apply to an ac23 tivity that is one component of a long-term, 

24 comprehensive professional development plan 

25 established by a teacher and the teacher’s su-
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1 pervisor based on an assessment of the needs of 

2 the teacher, the supervisor, the students of the 

3 teacher, and any local educational agency em4 ploying the teacher, as appropriate; and 

5 ‘‘(3) to provide and implement other evidence6 based activities and strategies that enhance or sup7 plement language instruction educational programs 

8 for English learners, including parental and commu9 nity engagement activities and strategies that serve 

10 to coordinate and align related programs. 

11 ‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Sub12 ject to subsection (c), an eligible entity receiving funds 

13 under section 1193(a) may use the funds to achieve one 

14 of the purposes described in subsection (a) by undertaking 

15 one or more of the following activities: 

16 ‘‘(1) Upgrading program objectives and effec17 tive instruction strategies. 

18 ‘‘(2) Improving the instruction program for 

19 English learners by identifying, acquiring, and up20 grading curricula, instruction materials, educational 

21 software, and assessment procedures. 

22 ‘‘(3) Providing to English learners— 

23 ‘‘(A) tutorials and academic or career edu24 cation for English learners; and 

25 ‘‘(B) intensified instruction. 
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1 ‘‘(4) Developing and implementing elementary 

2 school or secondary school language instruction edu3 cational programs that are coordinated with other 

4 relevant programs and services. 

5 ‘‘(5) Improving the English language pro6 ficiency and academic achievement of English learn7 ers. 

8 ‘‘(6) Providing community participation pro9 grams, family literacy services, and parent outreach 

10 and training activities to English learners and their 

11 families— 

12 ‘‘(A) to improve the English language 

13 skills of English learners; and 

14 ‘‘(B) to assist parents in helping their chil15 dren to improve their academic achievement 

16 and becoming active participants in the edu17 cation of their children. 

18 ‘‘(7) Improving the instruction of English learn19 ers by providing for— 

20 ‘‘(A) the acquisition or development of 

21 educational technology or instructional mate22 rials; 

23 ‘‘(B) access to, and participation in, elec24 tronic networks for materials, training, and 

25 communication; and 
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1 ‘‘(C) incorporation of the resources de2 scribed in subparagraphs (A) and (B) into cur3 ricula and programs, such as those funded 

4 under this chapter. 

5 ‘‘(8) Carrying out other activities that are con6 sistent with the purposes of this section. 

7 ‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUB8 STANTIAL INCREASES IN IMMIGRANT CHILDREN AND

9 YOUTH.— 

10 ‘‘(1) IN GENERAL.—An eligible entity receiving 

11 funds under section 1193(d)(1) shall use the funds 

12 to pay for activities that provide enhanced instruc13 tional opportunities for immigrant children and 

14 youth, which may include— 

15 ‘‘(A) family literacy, parent outreach, and 

16 training activities designed to assist parents to 

17 become active participants in the education of 

18 their children; 

19 ‘‘(B) support for personnel, including para20 professionals who have been specifically trained, 

21 or are being trained, to provide services to im22 migrant children and youth; 

23 ‘‘(C) provision of tutorials, mentoring, and 

24 academic or career counseling for immigrant 

25 children and youth; 
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1 ‘‘(D) identification, development, and ac2 quisition of curricular materials, educational 

3 software, and technologies to be used in the 

4 program carried out with awarded funds; 

5 ‘‘(E) basic instruction services that are di6 rectly attributable to the presence in the local 

7 educational agency involved of immigrant chil8 dren and youth, including the payment of costs 

9 of providing additional classroom supplies, costs 

10 of transportation, or such other costs as are di11 rectly attributable to such additional basic in12 struction services; 

13 ‘‘(F) other instruction services that are de14 signed to assist immigrant children and youth 

15 to achieve in elementary schools and secondary 

16 schools in the United States, such as programs 

17 of introduction to the educational system and 

18 civics education; and 

19 ‘‘(G) activities, coordinated with commu20 nity-based organizations, institutions of higher 

21 education, private sector entities, or other enti22 ties with expertise in working with immigrants, 

23 to assist parents of immigrant children and 

24 youth by offering comprehensive community 

25 services. 
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1 ‘‘(2) DURATION OF SUBGRANTS.—The duration 

2 of a subgrant made by a State educational agency 

3 under section 1193(d)(1) shall be determined by the 

4 agency in its discretion. 

5 ‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 

6 ‘‘(1) IN GENERAL.—To receive a subgrant from 

7 a State educational agency under this chapter, an el8 igible entity shall select one or more methods or 

9 forms of instruction to be used in the programs and 

10 activities undertaken by the entity to assist English 

11 learners to attain English language proficiency and 

12 meet State academic standards. 

13 ‘‘(2) CONSISTENCY.—Such selection shall be 

14 consistent with sections 1204 through 1206. 

15 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds 

16 made available under this chapter shall be used so as to 

17 supplement the level of Federal, State, and local public 

18 funds that, in the absence of such availability, would have 

19 been expended for programs for English learners and im20 migrant children and youth and in no case to supplant 

21 such Federal, State, and local public funds. 

22 ‘‘SEC. 1195. LOCAL PLANS. 

23 ‘‘(a) PLAN REQUIRED.—Each eligible entity desiring 

24 a subgrant from the State educational agency under sec25 tion 1193 shall submit a plan to the State educational 
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1 agency at such time, in such manner, and containing such 

2 information as the State educational agency may require. 

3 ‘‘(b) CONTENTS.—Each plan submitted under sub4 section (a) shall— 

5 ‘‘(1) describe the evidence-based programs and 

6 activities proposed to be developed, implemented, 

7 and administered under the subgrant that will help 

8 English learners increase their English language 

9 proficiency and meet the State academic standards; 

10 ‘‘(2) describe how the eligible entity will hold el11 ementary schools and secondary schools receiving 

12 funds under this chapter accountable for annually 

13 assessing the English language proficiency of all 

14 children participating under this subpart, consistent 

15 with section 1111(b); 

16 ‘‘(3) describe how the eligible entity will pro17 mote parent and community engagement in the edu18 cation of English learners; 

19 ‘‘(4) contain an assurance that the eligible enti20 ty consulted with teachers, researchers, school ad21 ministrators, parents and community members, pub22 lic or private organizations, and institutions of high23 er education, in developing and implementing such 

24 plan; 
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1 ‘‘(5) describe how language instruction edu2 cational programs carried out under the subgrant 

3 will ensure that English learners being served by the 

4 programs develop English language proficiency; and 

5 ‘‘(6) contain assurances that— 

6 ‘‘(A) each local educational agency that is 

7 included in the eligible entity is complying with 

8 section 1112(g) prior to, and throughout, each 

9 school year; and 

10 ‘‘(B) the eligible entity is not in violation 

11 of any State law, including State constitutional 

12 law, regarding the education of English learn13 ers, consistent with sections 1205 and 1206. 

14 ‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible 

15 entity receiving a subgrant under section 1193 shall in16 clude in its plan a certification that all teachers in any 

17 language instruction educational program for English 

18 learners that is, or will be, funded under this subpart are 

19 fluent in English and any other language used for instruc20 tion, including having written and oral communications 

21 skills. 

22 ‘‘CHAPTER B—ADMINISTRATION 

23 ‘‘SEC. 1201. REPORTING. 

24 ‘‘(a) IN GENERAL.—Each eligible entity that receives 

25 a subgrant from a State educational agency under chapter 
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1 A shall provide such agency, at the conclusion of every 

2 second fiscal year during which the subgrant is received, 

3 with a report, in a form prescribed by the agency, on the 

4 activities conducted and students served under this sub5 part that includes— 

6 ‘‘(1) a description of the programs and activi7 ties conducted by the entity with funds received 

8 under chapter A during the two immediately pre9 ceding fiscal years, including how such programs 

10 and activities supplemented programs funded pri11 marily with State or local funds; 

12 ‘‘(2) a description of the progress made by 

13 English learners in learning the English language 

14 and in meeting State academic standards; 

15 ‘‘(3) the number and percentage of English 

16 learners in the programs and activities attaining 

17 English language proficiency based on the State 

18 English language proficiency standards established 

19 under section 1111(b)(1)(E) by the end of each 

20 school year, as determined by the State’s English 

21 language proficiency assessment under section 

22 1111(b)(2)(D); 

23 ‘‘(4) the number of English learners who exit 

24 the language instruction educational programs based 

25 on their attainment of English language proficiency 
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1 and transitioned to classrooms not tailored for 

2 English learners; 

3 ‘‘(5) a description of the progress made by 

4 English learners in meeting the State academic 

5 standards for each of the 2 years after such children 

6 are no longer receiving services under this subpart; 

7 ‘‘(6) the number and percentage of English 

8 learners who have not attained English language 

9 proficiency within five years of initial classification 

10 as an English learner and first enrollment in the 

11 local educational agency; and 

12 ‘‘(7) any such other information as the State 

13 educational agency may require. 

14 ‘‘(b) USE OF REPORT.—A report provided by an eli15 gible entity under subsection (a) shall be used by the enti16 ty and the State educational agency— 

17 ‘‘(1) to determine the effectiveness of programs 

18 and activities in assisting children who are English 

19 learners— 

20 ‘‘(A) to attain English language pro21 ficiency; and 

22 ‘‘(B) to make progress in meeting State 

23 academic standards under section 1111(b)(1); 

24 and 
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1 ‘‘(2) upon determining the effectiveness of pro2 grams and activities based on the criteria in para3 graph (1), to decide how to improve programs. 

4 ‘‘SEC. 1202. ANNUAL REPORT. 

5 ‘‘(a) STATES.—Based upon the reports provided to 

6 a State educational agency under section 1201, each such 

7 agency that receives a grant under this subpart shall pre8 pare and submit annually to the Secretary a report on pro9 grams and activities carried out by the State educational 

10 agency under this subpart and the effectiveness of such 

11 programs and activities in improving the education pro12 vided to English learners. 

13 ‘‘(b) SECRETARY.—Annually, the Secretary shall pre14 pare and submit to the Committee on Education and the 

15 Workforce of the House of Representatives and the Com16 mittee on Health, Education, Labor, and Pensions of the 

17 Senate a report— 

18 ‘‘(1) on programs and activities carried out to 

19 serve English learners under this subpart, and the 

20 effectiveness of such programs and activities in im21 proving the academic achievement and English lan22 guage proficiency of English learners; 

23 ‘‘(2) on the types of language instruction edu24 cational programs used by local educational agencies 
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1 or eligible entities receiving funding under this sub2 part to teach English learners; 

3 ‘‘(3) containing a critical synthesis of data re4 ported by eligible entities to States under section 

5 1201(a); 

6 ‘‘(4) containing a description of technical assist7 ance and other assistance provided by State edu8 cational agencies under section 1191(b)(2)(C); 

9 ‘‘(5) containing an estimate of the number of 

10 effective teachers working in language instruction 

11 educational programs and educating English learn12 ers, and an estimate of the number of such teachers 

13 that will be needed for the succeeding 5 fiscal years; 

14 ‘‘(6) containing the number of programs or ac15 tivities, if any, that were terminated because the en16 tities carrying out the programs or activities were 

17 not able to reach program goals; 

18 ‘‘(7) containing the number of English learners 

19 served by eligible entities receiving funding under 

20 this subpart who were transitioned out of language 

21 instruction educational programs funded under this 

22 subpart into classrooms where instruction is not tai23 lored for English learners; and 
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1 ‘‘(8) containing other information gathered 

2 from other reports submitted to the Secretary under 

3 this subpart when applicable. 

4 ‘‘SEC. 1203. COORDINATION WITH RELATED PROGRAMS. 

5 ‘‘In order to maximize Federal efforts aimed at serv6 ing the educational needs of English learners, the Sec7 retary shall coordinate and ensure close cooperation with 

8 other entities carrying out programs serving language-mi9 nority and English learners that are administered by the 

10 Department and other agencies. 

11 ‘‘SEC. 1204. RULES OF CONSTRUCTION. 

12 ‘‘Nothing in this subpart shall be construed— 

13 ‘‘(1) to prohibit a local educational agency from 

14 serving English learners simultaneously with chil15 dren with similar educational needs, in the same 

16 educational settings where appropriate; 

17 ‘‘(2) to require a State or a local educational 

18 agency to establish, continue, or eliminate any par19 ticular type of instructional program for English 

20 learners; or 

21 ‘‘(3) to limit the preservation or use of Native 

22 American languages. 

23 ‘‘SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW. 

24 ‘‘Nothing in this subpart shall be construed to negate 

25 or supersede State law, or the legal authority under State 
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1 law of any State agency, State entity, or State public offi2 cial, over programs that are under the jurisdiction of the 

3 State agency, entity, or official. 

4 ‘‘SEC. 1206. CIVIL RIGHTS. 

5 ‘‘Nothing in this subpart shall be construed in a man6 ner inconsistent with any Federal law guaranteeing a civil 

7 right. 

8 ‘‘SEC. 1207. PROHIBITION. 

9 ‘‘In carrying out this subpart, the Secretary shall nei10 ther mandate nor preclude the use of a particular cur11 ricular or pedagogical approach to educating English 

12 learners. 

13 ‘‘SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND 

14 PUERTO RICO. 

15 ‘‘Notwithstanding any other provision of this subpart, 

16 programs authorized under this subpart that serve Native 

17 American (including Native American Pacific Islander) 

18 children and children in the Commonwealth of Puerto Rico 

19 may include programs of instruction, teacher training, 

20 curriculum development, evaluation, and assessment de21 signed for Native American children learning and studying 

22 Native American languages and children of limited Span23 ish proficiency, except that an outcome of programs serv24 ing such children shall be increased English proficiency 

25 among such children. 
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1 ‘‘CHAPTER C—NATIONAL ACTIVITIES 

2 ‘‘SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT 

3 PROJECT. 

4 ‘‘The Secretary shall use funds made available under 

5 section 1191(c)(1)(B) to award grants on a competitive 

6 basis, for a period of not more than 5 years, to institutions 

7 of higher education or public or private organizations with 

8 relevant experience and capacity (in consortia with State 

9 educational agencies or local educational agencies) to pro10 vide for professional development activities that will im11 prove classroom instruction for English learners and assist 

12 educational personnel working with such children to meet 

13 high professional standards, including standards for cer14 tification and licensure as teachers who work in language 

15 instruction educational programs or serve English learn16 ers. Grants awarded under this subsection may be used— 

17 ‘‘(1) for preservice, evidence-based professional 

18 development programs that will assist local schools 

19 and institutions of higher education to upgrade the 

20 qualifications and skills of educational personnel who 

21 are not certified or licensed, especially educational 

22 paraprofessionals; 

23 ‘‘(2) for the development of curricula or other 

24 instructional strategies appropriate to the needs of 

25 the consortia participants involved; 
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1 ‘‘(3) to support strategies that strengthen and 

2 increase parent and community member engagement 

3 in the education of English learners; and 

4 ‘‘(4) to share and disseminate evidence-based 

5 practices in the instruction of English learners and 

6 in increasing their student achievement. 

7 ‘‘CHAPTER D—GENERAL PROVISIONS 

8 ‘‘SEC. 1221. DEFINITIONS. 

9 ‘‘Except as otherwise provided, in this subpart: 

10 ‘‘(1) CHILD.—The term ‘child’ means any indi11 vidual aged 3 through 21. 

12 ‘‘(2) COMMUNITY-BASED ORGANIZATION.—The 

13 term ‘community-based organization’ means a pri14 vate nonprofit organization of demonstrated effec15 tiveness, Indian tribe, or tribally sanctioned edu16 cational authority, that is representative of a com17 munity or significant segments of a community and 

18 that provides educational or related services to indi19 viduals in the community. Such term includes a Na20 tive Hawaiian or Native American Pacific Islander 

21 native language educational organization. 

22 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en23 tity’ means— 

24 ‘‘(A) one or more local educational agen25 cies; or 
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1 ‘‘(B) one or more local educational agen2 cies, in consortia (or collaboration) with an in3 stitution of higher education, community-based 

4 organization, or State educational agency. 

5 ‘‘(4) IMMIGRANT CHILDREN AND YOUTH.—The 

6 term ‘immigrant children and youth’ means individ7 uals who— 

8 ‘‘(A) are age 3 through 21; 

9 ‘‘(B) were not born in any State; and 

10 ‘‘(C) have not been attending one or more 

11 schools in any one or more States for more 

12 than 3 full academic years. 

13 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

14 means any Indian tribe, band, nation, or other orga15 nized group or community, including any Native vil16 lage or Regional Corporation or Village Corporation 

17 as defined in or established pursuant to the Alaska 

18 Native Claims Settlement Act, that is recognized as 

19 eligible for the special programs and services pro20 vided by the United States to Indians because of 

21 their status as Indians. 

22 ‘‘(6) LANGUAGE INSTRUCTION EDUCATIONAL

23 PROGRAM.—The term ‘language instruction edu24 cational program’ means an instruction course— 
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1 ‘‘(A) in which an English learner is placed 

2 for the purpose of developing and attaining 

3 English language proficiency, while meeting 

4 State academic standards, as required by sec5 tion 1111(b)(1); and 

6 ‘‘(B) that may make instructional use of 

7 both English and a child’s native language to 

8 enable the child to develop and attain English 

9 language proficiency, and may include the par10 ticipation of English language proficient chil11 dren if such course is designed to enable all 

12 participating children to become proficient in 

13 English and a second language. 

14 ‘‘(7) NATIVE LANGUAGE.—The term ‘native 

15 language’, when used with reference to English 

16 learner, means— 

17 ‘‘(A) the language normally used by such 

18 individual; or 

19 ‘‘(B) in the case of a child or youth, the 

20 language normally used by the parents of the 

21 child or youth. 

22 ‘‘(8) PARAPROFESSIONAL.—The term ‘para23 professional’ means an individual who is employed in 

24 a preschool, elementary school, or secondary school 

25 under the supervision of a certified or licensed teach-
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1 er, including individuals employed in language in2 struction educational programs, special education, 

3 and migratory education. 

4 ‘‘(9) STATE.—The term ‘State’ means each of 

5 the 50 States, the District of Columbia, and the 

6 Commonwealth of Puerto Rico. 

7 ‘‘SEC. 1222. NATIONAL CLEARINGHOUSE. 

8 ‘‘The Secretary shall establish and support the oper9 ation of a National Clearinghouse for English Language 

10 Acquisition and Language Instruction Educational Pro11 grams, which shall collect, analyze, synthesize, and dis12 seminate information about language instruction edu13 cational programs for English learners, and related pro14 grams. The National Clearinghouse shall— 

15 ‘‘(1) be administered as an adjunct clearing16 house of the Educational Resources Information 

17 Center Clearinghouses system supported by the In18 stitute of Education Sciences; 

19 ‘‘(2) coordinate activities with Federal data and 

20 information clearinghouses and entities operating 

21 Federal dissemination networks and systems; 

22 ‘‘(3) develop a system for improving the oper23 ation and effectiveness of federally funded language 

24 instruction educational programs; and 

25 ‘‘(4) collect and disseminate information on— 
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1 ‘‘(A) educational research and processes 

2 related to the education of English learners; 

3 and 

4 ‘‘(B) accountability systems that monitor 

5 the academic progress of English learners in 

6 language instruction educational programs, in7 cluding information on academic content and 

8 English language proficiency assessments for 

9 language instruction educational programs; and 

10 ‘‘(5) publish, on an annual basis, a list of grant 

11 recipients under this subpart. 

12 ‘‘SEC. 1223. REGULATIONS. 

13 ‘‘In developing regulations under this subpart, the 

14 Secretary shall consult with State educational agencies 

15 and local educational agencies, organizations representing 

16 English learners, and organizations representing teachers 

17 and other personnel involved in the education of English 

18 learners. 

19 ‘‘Subpart 5—Rural Education Achievement Program 

20 ‘‘SEC. 1230. PURPOSE. 

21 ‘‘It is the purpose of this subpart to address the 

22 unique needs of rural school districts that frequently— 

23 ‘‘(1) lack the personnel and resources needed to 

24 compete effectively for Federal competitive grants; 

25 and 
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1 ‘‘(2) receive formula grant allocations in 

2 amounts too small to be effective in meeting their in3 tended purposes. 

4 ‘‘CHAPTER A—SMALL, RURAL SCHOOL 

5 ACHIEVEMENT PROGRAM 

6 ‘‘SEC. 1231. GRANT PROGRAM AUTHORIZED. 

7 ‘‘(a) IN GENERAL.—From amounts appropriated 

8 under section 3(a)(1) for a fiscal year, the Secretary shall 

9 reserve 0.54 of one percent to award grants to eligible 

10 local educational agencies to enable the local educational 

11 agencies to carry out activities authorized under any of 

12 the following provisions: 

13 ‘‘(1) Part A of title I. 

14 ‘‘(2) Title II. 

15 ‘‘(3) Title III. 

16 ‘‘(b) ALLOCATION.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (3), the Secretary shall award a grant under 

19 subsection (a) to a local educational agency eligible 

20 under subsection (d) for a fiscal year in an amount 

21 equal to the initial amount determined under para22 graph (2) for the fiscal year minus the total amount 

23 received by the agency in subpart 2 of part A of title 

24 II for the preceding fiscal year. 
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1 ‘‘(2) DETERMINATION OF INITIAL AMOUNT.— 

2 The initial amount referred to in paragraph (1) is 

3 equal to $100 multiplied by the total number of stu4 dents in excess of 50 students, in average daily at5 tendance at the schools served by the local edu6 cational agency, plus $20,000, except that the initial 

7 amount may not exceed $60,000. 

8 ‘‘(3) RATABLE ADJUSTMENT.— 

9 ‘‘(A) IN GENERAL.—If the amount made 

10 available to carry out this section for any fiscal 

11 year is not sufficient to pay in full the amounts 

12 that local educational agencies are eligible to re13 ceive under paragraph (1) for such year, the 

14 Secretary shall ratably reduce such amounts for 

15 such year. 

16 ‘‘(B) ADDITIONAL AMOUNTS.—If addi17 tional funds become available for making pay18 ments under paragraph (1) for such fiscal year, 

19 payments that were reduced under subpara20 graph (A) shall be increased on the same basis 

21 as such payments were reduced. 

22 ‘‘(c) DISBURSEMENT.—The Secretary shall disburse 

23 the funds awarded to a local educational agency under this 

24 section for a fiscal year not later than July 1 of that fiscal 

25 year. 
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1 ‘‘(d) ELIGIBILITY.— 

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

3 shall be eligible to use the applicable funding in ac4 cordance with subsection (a) if— 

5 ‘‘(A)(i)(I) the total number of students in 

6 average daily attendance at all of the schools 

7 served by the local educational agency is fewer 

8 than 600; or 

9 ‘‘(II) each county in which a school served 

10 by the local educational agency is located has a 

11 total population density of fewer than 10 per12 sons per square mile; and 

13 ‘‘(ii) all of the schools served by the local 

14 educational agency are designated with a school 

15 locale code of 41, 42, or 43, as determined by 

16 the Secretary; or 

17 ‘‘(B) the agency meets the criteria estab18 lished in subparagraph (A)(i) and the Sec19 retary, in accordance with paragraph (2), 

20 grants the local educational agency’s request to 

21 waive the criteria described in subparagraph 

22 (A)(ii). 

23 ‘‘(2) CERTIFICATION.—The Secretary shall de24 termine whether to waive the criteria described in 

25 paragraph (1)(A)(ii) based on a demonstration by 
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1 the local educational agency, and concurrence by the 

2 State educational agency, that the local educational 

3 agency is located in an area defined as rural by a 

4 governmental agency of the State. 

5 ‘‘(3) HOLD HARMLESS.—For a local edu6 cational agency that is not eligible under this chap7 ter but met the eligibility requirements under this 

8 subsection as it was in effect prior to the date of the 

9 enactment of the Student Success Act, the agency 

10 shall receive— 

11 ‘‘(A) for fiscal year 2014, 75 percent of 

12 the amount such agency received for fiscal year 

13 2013; 

14 ‘‘(B) for fiscal year 2015, 50 percent of 

15 the amount such agency received for fiscal year 

16 2013; and 

17 ‘‘(C) for fiscal year 2016, 25 percent of 

18 the amount such agency received for fiscal year 

19 2013. 

20 ‘‘(e) SPECIAL ELIGIBILITY RULE.—A local edu21 cational agency that receives a grant under this chapter 

22 for a fiscal year is not eligible to receive funds for such 

23 fiscal year under chapter B. 
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1 ‘‘CHAPTER B—RURAL AND LOW-INCOME 

2 SCHOOL PROGRAM 

3 ‘‘SEC. 1235. PROGRAM AUTHORIZED. 

4 ‘‘(a) GRANTS TO STATES.— 

5 ‘‘(1) IN GENERAL.—From amounts appro6 priated under section 3(a)(1) for a fiscal year, the 

7 Secretary shall reserve 0.54 of one percent for this 

8 chapter for a fiscal year that are not reserved under 

9 subsection (c) to award grants (from allotments 

10 made under paragraph (2)) for the fiscal year to 

11 State educational agencies that have applications 

12 submitted under section 1237 approved to enable the 

13 State educational agencies to award grants to eligi14 ble local educational agencies for local authorized ac15 tivities described in section 1236(a). 

16 ‘‘(2) ALLOTMENT.—From amounts described in 

17 paragraph (1) for a fiscal year, the Secretary shall 

18 allot to each State educational agency for that fiscal 

19 year an amount that bears the same ratio to those 

20 amounts as the number of students in average daily 

21 attendance served by eligible local educational agen22 cies in the State for that fiscal year bears to the 

23 number of all such students served by eligible local 

24 educational agencies in all States for that fiscal 

25 year. 
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1 ‘‘(3) SPECIALLY QUALIFIED AGENCIES.— 

2 ‘‘(A) ELIGIBILITY AND APPLICATION.—If a 

3 State educational agency elects not to partici4 pate in the program under this subpart or does 

5 not have an application submitted under section 

6 1237 approved, a specially qualified agency in 

7 such State desiring a grant under this subpart 

8 may submit an application under such section 

9 directly to the Secretary to receive an award 

10 under this subpart. 

11 ‘‘(B) DIRECT AWARDS.—The Secretary 

12 may award, on a competitive basis or by for13 mula, the amount the State educational agency 

14 is eligible to receive under paragraph (2) di15 rectly to a specially qualified agency in the 

16 State that has submitted an application in ac17 cordance with subparagraph (A) and obtained 

18 approval of the application. 

19 ‘‘(C) SPECIALLY QUALIFIED AGENCY DE20 FINED.—In this subpart, the term ‘specially 

21 qualified agency’ means an eligible local edu22 cational agency served by a State educational 

23 agency that does not participate in a program 

24 under this subpart in a fiscal year, that may 
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1 apply directly to the Secretary for a grant in 

2 such year under this subsection. 

3 ‘‘(b) LOCAL AWARDS.— 

4 ‘‘(1) ELIGIBILITY.—A local educational agency 

5 shall be eligible to receive a grant under this subpart 

6 if— 

7 ‘‘(A) 20 percent or more of the children 

8 ages 5 through 17 years served by the local 

9 educational agency are from families with in10 comes below the poverty line; and 

11 ‘‘(B) all of the schools served by the agen12 cy are designated with a school locale code of 

13 32, 33, 41, 42, 43, as determined by the Sec14 retary. 

15 ‘‘(2) AWARD BASIS.—A State educational agen16 cy shall award grants to eligible local educational 

17 agencies— 

18 ‘‘(A) on a competitive basis; 

19 ‘‘(B) according to a formula based on the 

20 number of students in average daily attendance 

21 served by the eligible local educational agencies 

22 or schools in the State; or 

23 ‘‘(C) according to an alternative formula, 

24 if, prior to awarding the grants, the State edu25 cational agency demonstrates, to the satisfac-
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1 tion of the Secretary, that the alternative for2 mula enables the State educational agency to 

3 allot the grant funds in a manner that serves 

4 equal or greater concentrations of children from 

5 families with incomes below the poverty line, 

6 relative to the concentrations that would be 

7 served if the State educational agency used the 

8 formula described in subparagraph (B). 

9 ‘‘(c) RESERVATIONS.—From amounts reserved under 

10 section 1235(a)(1) for this chapter for a fiscal year, the 

11 Secretary shall reserve— 

12 ‘‘(1) one-half of 1 percent to make awards to el13 ementary schools or secondary schools operated or 

14 supported by the Bureau of Indian Education, to 

15 carry out the activities authorized under this chap16 ter; and 

17 ‘‘(2) one-half of 1 percent to make awards to 

18 the outlying areas in accordance with their respec19 tive needs, to carry out the activities authorized 

20 under this chapter. 

21 ‘‘SEC. 1236. USES OF FUNDS. 

22 ‘‘(a) LOCAL AWARDS.—Grant funds awarded to local 

23 educational agencies under this chapter shall be used for 

24 activities authorized under any of the following: 

25 ‘‘(1) Part A of title I. 
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1 ‘‘(2) Title II. 

2 ‘‘(3) Title III. 

3 ‘‘(b) ADMINISTRATIVE COSTS.—A State educational 

4 agency receiving a grant under this chapter may not use 

5 more than 5 percent of the amount of the grant for State 

6 administrative costs and to provide technical assistance to 

7 eligible local educational agencies. 

8 ‘‘SEC. 1237. APPLICATIONS. 

9 ‘‘(a) IN GENERAL.—Each State educational agency 

10 or specially qualified agency desiring to receive a grant 

11 under this chapter shall submit an application to the Sec12 retary at such time and in such manner as the Secretary 

13 may require. 

14 ‘‘(b) CONTENTS.—Each application submitted under 

15 subsection (a) shall include— 

16 ‘‘(1) a description of how the State educational 

17 agency or specially qualified agency will ensure eligi18 ble local educational agencies receiving a grant 

19 under this chapter will use such funds to help stu20 dents meet the State academic standards under sec21 tion 1111(b)(1); 

22 ‘‘(2) if the State educational agency or specially 

23 qualified agency will competitively award grants to 

24 eligible local educational agencies, as described in 
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1 section 1235(b)(2)(A), the application under the sec2 tion shall include— 

3 ‘‘(A) the methods and criteria the State 

4 educational agency or specially qualified agency 

5 will use for reviewing applications and awarding 

6 funds to local educational agencies on a com7 petitive basis; and 

8 ‘‘(B) how the State educational agency or 

9 specially qualified agency will notify eligible 

10 local educational agencies of the grant competi11 tion; and 

12 ‘‘(3) a description of how the State educational 

13 agency or specially qualified agency will provide 

14 technical assistance to eligible local educational 

15 agencies to help such agencies implement the activi16 ties described in section 1236(a). 

17 ‘‘SEC. 1238. ACCOUNTABILITY. 

18 ‘‘Each State educational agency or specially qualified 

19 agency that receives a grant under this chapter shall pre20 pare and submit an annual report to the Secretary. The 

21 report shall describe— 

22 ‘‘(1) the methods and criteria the State edu23 cational agency or specially qualified agency used to 

24 award grants to eligible local educational agencies, 
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1 and to provide assistance to schools, under this 

2 chapter; 

3 ‘‘(2) how local educational agencies and schools 

4 used funds provided under this chapter; and 

5 ‘‘(3) the degree to which progress has been 

6 made toward having all students meet the State aca7 demic standards under section 1111(b)(1). 

8 ‘‘SEC. 1239. CHOICE OF PARTICIPATION. 

9 ‘‘(a) IN GENERAL.—If a local educational agency is 

10 eligible for funding under chapters A and B of this sub11 part, such local educational agency may receive funds 

12 under either chapter A or chapter B for a fiscal year, but 

13 may not receive funds under both chapters. 

14 ‘‘(b) NOTIFICATION.—A local educational agency eli15 gible for both chapters A and B of this subpart shall notify 

16 the Secretary and the State educational agency under 

17 which of such chapters such local educational agency in18 tends to receive funds for a fiscal year by a date that is 

19 established by the Secretary for the notification. 

20 ‘‘CHAPTER C—GENERAL PROVISIONS 

21 ‘‘SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETER22 MINATION. 

23 ‘‘(a) CENSUS DETERMINATION.—Each local edu24 cational agency desiring a grant under section 1231 and 
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1 each local educational agency or specially qualified agency 

2 desiring a grant under chapter B shall— 

3 ‘‘(1) not later than December 1 of each year, 

4 conduct a census to determine the number of stu5 dents in average daily attendance in kindergarten 

6 through grade 12 at the schools served by the agen7 cy; and 

8 ‘‘(2) not later than March 1 of each year, sub9 mit the number described in paragraph (1) to the 

10 Secretary (and to the State educational agency, in 

11 the case of a local educational agency seeking a 

12 grant under subpart 2). 

13 ‘‘(b) PENALTY.—If the Secretary determines that a 

14 local educational agency or specially qualified agency has 

15 knowingly submitted false information under subsection 

16 (a) for the purpose of gaining additional funds under sec17 tion 1231 or chapter B, then the agency shall be fined 

18 an amount equal to twice the difference between the 

19 amount the agency received under this section and the cor20 rect amount the agency would have received under section 

21 1231 or chapter B if the agency had submitted accurate 

22 information under subsection (a). 
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1 ‘‘SEC. 1242. SUPPLEMENT, NOT SUPPLANT. 

2 ‘‘Funds made available under chapter A or chapter 

3 B shall be used to supplement, and not supplant, any 

4 other Federal, State, or local education funds. 

5 ‘‘SEC. 1243. RULE OF CONSTRUCTION. 

6 ‘‘Nothing in this subpart shall be construed to pro7 hibit a local educational agency that enters into coopera8 tive arrangements with other local educational agencies for 

9 the provision of special, compensatory, or other education 

10 services, pursuant to State law or a written agreement, 

11 from entering into similar arrangements for the use, or 

12 the coordination of the use, of the funds made available 

13 under this subpart.’’. 

14 (b) STRIKE.—The Act is amended by striking title 

15 VII (20 U.S.C. 7401 et seq.). 

16 Subtitle D—National Assessment 

17 SEC. 141. NATIONAL ASSESSMENT OF TITLE I. 

18 (a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 

19 et seq.) is redesignated as part B of title I. 

20 (b) REPEALS.—Sections 1502 and 1504 (20 U.S.C. 

21 6492; 6494) are repealed. 

22 (c) REDESIGNATIONS.—Sections 1501 and 1503 (20 

23 U.S.C. 6491; 6493) are redesignated as sections 1301 and 

24 1302, respectively. 

25 (d) AMENDMENTS TO SECTION 1301.—Section 1301 

26 (20 U.S.C. 6491), as so redesignated, is amended— 
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1 (1) in subsection (a)— 

2 (A) in paragraph (1), by inserting ‘‘, act3 ing through the Director of the Institute of 

4 Education Sciences (in this section and section 

5 1302 referred to as the ‘Director’),’’ after ‘‘The 

6 Secretary’’; 

7 (B) in paragraph (2)— 

8 (i) by striking ‘‘Secretary’’ and insert9 ing ‘‘Director’’; 

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

11 ‘‘reaching the proficient level’’ and all that 

12 follows and inserting ‘‘graduating high 

13 school prepared for postsecondary edu14 cation or the workforce.’’; 

15 (iii) in subparagraph (B), by striking 

16 ‘‘reach the proficient’’ and all that follows 

17 and inserting ‘‘meet State academic stand18 ards.’’; 

19 (iv) by striking subparagraphs (D) 

20 and (G) and redesignating subparagraphs 

21 (E), (F), and (H) through (O) as subpara22 graphs (D) through (M), respectively; 

23 (v) in subparagraph (D)(v) (as so re24 designated), by striking ‘‘help schools in 

25 which’’ and all that follows and inserting 
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1 ‘‘address disparities in the percentages of 

2 effective teachers teaching in low-income 

3 schools.’’; 

4 (vi) in subparagraph (G) (as so redes5 ignated)— 

6 (I) by striking ‘‘section 1116’’ 

7 and inserting ‘‘section 

8 1111(b)(3)(B)(iii)’’; and 

9 (II) by striking ‘‘, including the 

10 following’’ and all that follows and in11 serting a period; 

12 (vii) in subparagraph (I) (as so redes13 ignated), by striking ‘‘qualifications’’ and 

14 inserting ‘‘effectiveness’’; 

15 (viii) in subparagraph (J) (as so re16 designated), by striking ‘‘, including funds 

17 under section 1002,’’; 

18 (ix) in subparagraph (L) (as so redes19 ignated), by striking ‘‘section 

20 1111(b)(2)(C)(v)(II)’’ and inserting ‘‘sec21 tion 1111(b)(3)(B)(ii)(II)’’; and 

22 (x) in subparagraph (M) (as so redes23 ignated), by striking ‘‘Secretary’’ and in24 serting ‘‘Director’’; 
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1 (C) in paragraph (3), by striking ‘‘Sec2 retary’’ and inserting ‘‘Director’’; 

3 (D) in paragraph (4), by striking ‘‘Sec4 retary’’ and inserting ‘‘Director’’; 

5 (E) in paragraph (5), by striking ‘‘Sec6 retary’’ and inserting ‘‘Director’’; and 

7 (F) in paragraph (6)— 

8 (i) by striking ‘‘No Child Left Behind 

9 Act of 2001’’ each place it appears and in10 serting ‘‘Student Success Act’’; and 

11 (ii) by striking ‘‘Secretary’’ each place 

12 it appears and inserting ‘‘Director’’; 

13 (2) in subsection (b), by striking ‘‘Secretary’’ 

14 each place it appears and inserting ‘‘Director’’; 

15 (3) in subsection (c)— 

16 (A) in paragraph (1)— 

17 (i) by striking ‘‘Secretary’’ and insert18 ing ‘‘Director’’; and 

19 (ii) by striking ‘‘part A’’ and inserting 

20 ‘‘subpart 1 of part A’’; 

21 (B) in paragraph (2)— 

22 (i) by striking ‘‘Secretary’’ and insert23 ing ‘‘Director’’; 

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

25 ‘‘challenging academic achievement stand-
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1 ards’’ and inserting ‘‘State academic 

2 standards’’; 

3 (iii) in subparagraph (E), by striking 

4 ‘‘effects of the availability’’ and all that 

5 follows and inserting ‘‘extent to which ac6 tions authorized under section 

7 1111(b)(3)(B)(iii) improve the academic 

8 achievement of disadvantaged students and 

9 low-performing schools.’’; and 

10 (iv) in subparagraph (F), by striking 

11 ‘‘Secretary’’ and inserting ‘‘Director’’; and 

12 (C) in paragraph (3)— 

13 (i) by striking ‘‘Secretary’’ and insert14 ing ‘‘Director’’; and 

15 (ii) by striking subparagraph (C) and 

16 inserting the following: 

17 ‘‘(C) analyzes varying models or strategies 

18 for delivering school services, including 

19 schoolwide and targeted services.’’; and 

20 (4) in subsection (d), by striking ‘‘Secretary’’ 

21 each place it appears and inserting ‘‘Director’’. 

22 (e) AMENDMENTS TO SECTION 1302.—Section 1302 

23 (20 U.S.C. 6493), as so redesignated, is amended— 

24 (1) in subsection (a)— 
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1 (A) by striking ‘‘Secretary’’ and inserting 

2 ‘‘Director’’; and 

3 (B) by striking ‘‘and for making decisions 

4 about the promotion and graduation of stu5 dents’’; 

6 (2) in subsection (b)— 

7 (A) by striking ‘‘Secretary’’ the first place 

8 it appears and inserting ‘‘Director’’; 

9 (B) by striking ‘‘process,’’ and inserting 

10 ‘‘process consistent with section 1206,’’; and 

11 (C) by striking ‘‘Assistant Secretary of 

12 Educational Research and Improvement’’ and 

13 inserting ‘‘Director’’; 

14 (3) in subsection (d)— 

15 (A) in paragraph (1)— 

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

17 ‘‘to the State-defined level of proficiency’’ 

18 and inserting ‘‘toward meeting the State 

19 academic standards’’; and 

20 (ii) in subparagraph (C), by striking 

21 ‘‘pupil-services’’ and inserting ‘‘specialized 

22 instructional support services’’; 

23 (B) in paragraph (3), by striking ‘‘limited 

24 and nonlimited English proficient students’’ 

25 and inserting ‘‘English learners’’; and 
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1 (C) in paragraph (6), by striking ‘‘Sec2 retary’’ and inserting ‘‘Director’’; and 

3 (4) in subsection (f)— 

4 (A) by striking ‘‘Secretary’’ and inserting 

5 ‘‘Director’’; and 

6 (B) by striking ‘‘authorized to be appro7 priated for this part’’ and inserting ‘‘appro8 priated under section 3(a)(2)’’. 

9 Subtitle E—Title I General 

10 Provisions 

11 SEC. 151. GENERAL PROVISIONS FOR TITLE I. 

12 Part I of title I (20 U.S.C. 6571 et seq.)— 

13 (1) is transferred to appear after part B (as re14 designated); and 

15 (2) is amended to read as follows: 

16 ‘‘PART C—GENERAL PROVISIONS 

17 ‘‘SEC. 1401. FEDERAL REGULATIONS. 

18 ‘‘(a) IN GENERAL.—The Secretary may, in accord19 ance with subsections (b) through (d), issue such regula20 tions as are necessary to reasonably ensure there is com21 pliance with this title. 

22 ‘‘(b) NEGOTIATED RULEMAKING PROCESS.— 

23 ‘‘(1) IN GENERAL.—Before publishing in the 

24 Federal Register proposed regulations to carry out 

25 this title, the Secretary shall obtain the advice and 
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1 recommendations of representatives of Federal, 

2 State, and local administrators, parents, teachers, 

3 and members of local school boards and other orga4 nizations involved with the implementation and oper5 ation of programs under this title, including those 

6 representatives and members nominated by local and 

7 national stakeholder representatives. 

8 ‘‘(2) MEETINGS AND ELECTRONIC EX9 CHANGE.—Such advice and recommendations may 

10 be obtained through such mechanisms as regional 

11 meetings and electronic exchanges of information. 

12 Such regional meetings and electronic exchanges of 

13 information shall be public and notice of such meet14 ings and exchanges shall be provided to interested 

15 stakeholders. 

16 ‘‘(3) PROPOSED REGULATIONS.—After obtain17 ing such advice and recommendations, and before 

18 publishing proposed regulations, the Secretary 

19 shall— 

20 ‘‘(A) establish a negotiated rulemaking 

21 process; 

22 ‘‘(B) select individuals to participate in 

23 such process from among individuals or groups 

24 that provided advice and recommendations, in25 cluding representation from all geographic re-
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1 gions of the United States, in such numbers as 

2 will provide an equitable balance between rep3 resentatives of parents and students and rep4 resentatives of educators and education offi5 cials; and 

6 ‘‘(C) prepare a draft of proposed policy op7 tions that shall be provided to the individuals 

8 selected by the Secretary under subparagraph 

9 (B) not less than 15 days before the first meet10 ing under such process. 

11 ‘‘(c) PROPOSED RULEMAKING.—If the Secretary de12 termines that a negotiated rulemaking process is unneces13 sary or the individuals selected to participate in the proc14 ess under paragraph (3)(B) fail to reach unanimous agree15 ment, the Secretary may propose regulations under the 

16 following procedure: 

17 ‘‘(1) Not less than 30 days prior to beginning 

18 a rulemaking process, the Secretary shall provide to 

19 Congress, including the Committee on Education 

20 and the Workforce of the House of Representatives 

21 and the Committee on Health, Education, Labor, 

22 and Pensions of the Senate, notice that shall in23 clude— 

24 ‘‘(A) a copy of the proposed regulations; 

25 ‘‘(B) the need to issue regulations; 
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1 ‘‘(C) the anticipated burden, including the 

2 time, cost, and paperwork burden, the regula3 tions will have on State educational agencies, 

4 local educational agencies, schools, and other 

5 entities that may be impacted by the regula6 tions; and 

7 ‘‘(D) any regulations that will be repealed 

8 when the new regulations are issued. 

9 ‘‘(2) 30 days after giving notice of the proposed 

10 rule to Congress, the Secretary may proceed with 

11 the rulemaking process after all comments received 

12 from the Congress have been addressed and pub13 lishing how such comments are addressed with the 

14 proposed rule. 

15 ‘‘(3) The comment and review period for any 

16 proposed regulation shall be 90 days unless an emer17 gency requires a shorter period, in which case such 

18 period shall be not less than 45 days and the Sec19 retary shall— 

20 ‘‘(A) designate the proposed regulation as 

21 an emergency with an explanation of the emer22 gency in the notice and report to Congress 

23 under paragraph (1); and 
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1 ‘‘(B) publish the length of the comment 

2 and review period in such notice and in the 

3 Federal Register. 

4 ‘‘(4) No regulation shall be made final after the 

5 comment and review period until the Secretary has 

6 published in the Federal Register an independent as7 sessment (which shall include a representative sam8 pling of local educational agencies based on local 

9 educational agency enrollment, urban, suburban, or 

10 rural character, and other factors impacted by the 

11 proposed regulation) of— 

12 ‘‘(A) the burden, including the time, cost, 

13 and paperwork burden, the regulation will im14 pose on State educational agencies, local edu15 cational agencies, schools and other entities 

16 that may be impacted by the regulation; 

17 ‘‘(B) an explanation of how the entities de18 scribed in subparagraph (A) may cover the cost 

19 of the burden assessed under subparagraph (A); 

20 and 

21 ‘‘(C) the proposed regulation, which thor22 oughly addresses, based on the comments re23 ceived during the comment and review period 

24 under paragraph (3), whether the rule is finan-
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1 cially, operationally, and educationally viable at 

2 the local level. 

3 ‘‘(d) LIMITATION.—Regulations to carry out this title 

4 may not require local programs to follow a particular in5 structional model, such as the provision of services outside 

6 the regular classroom or school program. 

7 ‘‘SEC. 1402. AGREEMENTS AND RECORDS. 

8 ‘‘(a) AGREEMENTS.—In the case in which a nego9 tiated rule making process is established under subsection 

10 (b) of section 1401, all published proposed regulations 

11 shall conform to agreements that result from the rule12 making described in section 1401 unless the Secretary re13 opens the negotiated rulemaking process. 

14 ‘‘(b) RECORDS.—The Secretary shall ensure that an 

15 accurate and reliable record of agreements reached during 

16 the negotiations process is maintained. 

17 ‘‘SEC. 1403. STATE ADMINISTRATION. 

18 ‘‘(a) RULEMAKING.— 

19 ‘‘(1) IN GENERAL.—Each State that receives 

20 funds under this title shall— 

21 ‘‘(A) ensure that any State rules, regula22 tions, and policies relating to this title conform 

23 to the purposes of this title and provide any 

24 such proposed rules, regulations, and policies to 
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1 the committee of practitioners created under 

2 subsection (b) for review and comment; 

3 ‘‘(B) minimize such rules, regulations, and 

4 policies to which the State’s local educational 

5 agencies and schools are subject; 

6 ‘‘(C) eliminate or modify State and local 

7 fiscal accounting requirements in order to facili8 tate the ability of schools to consolidate funds 

9 under schoolwide programs; 

10 ‘‘(D) identify any such rule, regulation, or 

11 policy as a State-imposed requirement; and 

12 ‘‘(E)(i) identify any duplicative or con13 trasting requirements between the State and 

14 Federal rules or regulations; 

15 ‘‘(ii) eliminate the rules and regulations 

16 that are duplicative of Federal requirements; 

17 and 

18 ‘‘(iii) report any conflicting requirements 

19 to the Secretary and determine which Federal 

20 or State rule or regulation shall be followed. 

21 ‘‘(2) SUPPORT AND FACILITATION.—State 

22 rules, regulations, and policies under this title shall 

23 support and facilitate local educational agency and 

24 school-level systemic reform designed to enable all 

25 children to meet the State academic standards. 
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1 ‘‘(b) COMMITTEE OF PRACTITIONERS.— 

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

3 agency that receives funds under this title shall cre4 ate a State committee of practitioners to advise the 

5 State in carrying out its responsibilities under this 

6 title. 

7 ‘‘(2) MEMBERSHIP.—Each such committee 

8 shall include— 

9 ‘‘(A) as a majority of its members, rep10 resentatives from local educational agencies; 

11 ‘‘(B) administrators, including the admin12 istrators of programs described in other parts 

13 of this title; 

14 ‘‘(C) teachers from public charter schools, 

15 traditional public schools, and career and tech16 nical educators; 

17 ‘‘(D) parents; 

18 ‘‘(E) members of local school boards; 

19 ‘‘(F) representatives of public charter 

20 school authorizers; 

21 ‘‘(G) public charter school leaders; 

22 ‘‘(H) representatives of private school chil23 dren; and 

24 ‘‘(I) specialized instructional support per25 sonnel. 
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1 ‘‘(3) DUTIES.—The duties of such committee 

2 shall include a review, before publication, of any pro3 posed or final State rule or regulation pursuant to 

4 this title. In an emergency situation where such rule 

5 or regulation must be issued within a very limited 

6 time to assist local educational agencies with the op7 eration of the program under this title, the State 

8 educational agency may issue a regulation without 

9 prior consultation, but shall immediately thereafter 

10 convene the State committee of practitioners to re11 view the emergency regulation before issuance in 

12 final form. 

13 ‘‘SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED 

14 SPENDING. 

15 ‘‘Nothing in this title shall be construed to mandate 

16 equalized spending per pupil for a State, local educational 

17 agency, or school.’’. 

18 TITLE II—TEACHER PREPARA19 TION AND EFFECTIVENESS 

20 SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS. 

21 (a) HEADING.—The title heading for title II (20 

22 U.S.C. 6601 et seq.) is amended to read as follows: 
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1 ‘‘TITLE II—TEACHER PREPARA2 TION AND EFFECTIVENESS’’. 

3 (b) PART A.—Part A of title II (20 U.S.C. 6601 et 

4 seq.) is amended to read as follows: 

5 ‘‘PART A—SUPPORTING EFFECTIVE 

6 INSTRUCTION 

7 ‘‘SEC. 2101. PURPOSE. 

8 ‘‘The purpose of this part is to provide grants to 

9 State educational agencies and subgrants to local edu10 cational agencies to— 

11 ‘‘(1) increase student achievement consistent 

12 with State academic standards under section 

13 1111(b)(1); 

14 ‘‘(2) improve teacher and school leader effec15 tiveness in classrooms and schools, respectively; 

16 ‘‘(3) provide evidence-based, job-embedded, con17 tinuous professional development; and 

18 ‘‘(4) if a State educational agency or local edu19 cational agency so chooses, develop and implement 

20 teacher evaluation systems that use, in part, student 

21 achievement data to determine teacher effectiveness. 

22 ‘‘Subpart 1—Grants to States 

23 ‘‘SEC. 2111. ALLOTMENTS TO STATES. 

24 ‘‘(a) IN GENERAL.—Of the amounts appropriated 

25 under section 3(b), the Secretary shall reserve 75 percent 
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1 to make grants to States with applications approved under 

2 section 2112 to pay for the Federal share of the cost of 

3 carrying out the activities specified in section 2113. Each 

4 grant shall consist of the allotment determined for a State 

5 under subsection (b). 

6 ‘‘(b) DETERMINATION OF ALLOTMENTS.— 

7 ‘‘(1) RESERVATION OF FUNDS.—Of the amount 

8 reserved under subsection (a) for a fiscal year, the 

9 Secretary shall reserve— 

10 ‘‘(A) not more than 1 percent to carry out 

11 national activities under section 2132; 

12 ‘‘(B) one-half of 1 percent for allotments 

13 to outlying areas on the basis of their relative 

14 need, as determined by the Secretary, in ac15 cordance with the purpose of this part; and 

16 ‘‘(C) one-half of 1 percent for the Sec17 retary of the Interior for programs under this 

18 part in schools operated or funded by the Bu19 reau of Indian Education. 

20 ‘‘(2) STATE ALLOTMENTS.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), from the funds reserved under sub23 section (a) for any fiscal year and not reserved 

24 under paragraph (1), the Secretary shall allot 

25 to each State the sum of— 
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1 ‘‘(i) an amount that bears the same 

2 relationship to 50 percent of the funds as 

3 the number of individuals age 5 through 

4 17 in the State, as determined by the Sec5 retary on the basis of the most recent sat6 isfactory data, bears to the number of 

7 those individuals in all such States, as so 

8 determined; and 

9 ‘‘(ii) an amount that bears the same 

10 relationship to 50 percent of the funds as 

11 the number of individuals age 5 through 

12 17 from families with incomes below the 

13 poverty line in the State, as determined by 

14 the Secretary on the basis of the most re15 cent satisfactory data, bears to the number 

16 of those individuals in all such States, as 

17 so determined. 

18 ‘‘(B) SMALL STATE MINIMUM.—No State 

19 receiving an allotment under subparagraph (A) 

20 may receive less than one-half of 1 percent of 

21 the total amount of funds allotted under such 

22 subparagraph for a fiscal year. 

23 ‘‘(C) APPLICABILITY.— 

24 ‘‘(i) IN GENERAL.—Subparagraph (A) 

25 shall not apply with respect to a fiscal year 
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1 unless the Secretary certifies in writing to 

2 Congress for that fiscal year that the 

3 amount of funds allotted under subpara4 graph (A) to local educational agencies 

5 that serve a high percentage of students 

6 from families with incomes below the pov7 erty line is not less than the amount allot8 ted to such local educational agencies for 

9 fiscal year 2013. 

10 ‘‘(ii) SPECIAL RULE.—For a fiscal 

11 year for which subparagraph (A) does not 

12 apply, the Secretary shall allocate to each 

13 State the funds described in subparagraph 

14 (A) according to the formula set forth in 

15 subsection (b)(2)(B)(i) of this section as in 

16 effect on the day before the date of enact17 ment of the Student Success Act. 

18 ‘‘(c) REALLOTMENT.—If a State does not apply for 

19 an allotment under this section for any fiscal year or only 

20 a portion of the State’s allotment is allotted under sub21 section (c), the Secretary shall reallot the State’s entire 

22 allotment or the remaining portion of its allotment, as the 

23 case may be, to the remaining States in accordance with 

24 subsection (b). 
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1 ‘‘SEC. 2112. STATE APPLICATION. 

2 ‘‘(a) IN GENERAL.—For a State to be eligible to re3 ceive a grant under this subpart, the State educational 

4 agency shall submit an application to the Secretary at 

5 such time and in such a manner as the Secretary may 

6 reasonably require, which shall include the following: 

7 ‘‘(1) A description of how the State educational 

8 agency will meet the requirements of this subpart. 

9 ‘‘(2) A description of how the State educational 

10 agency will use a grant received under section 2111, 

11 including the grant funds the State will reserve for 

12 State-level activities under section 2113(a)(2). 

13 ‘‘(3) A description of how the State educational 

14 agency will facilitate the sharing of evidence-based 

15 and other effective strategies among local edu16 cational agencies. 

17 ‘‘(4) A description of how, and under what 

18 timeline, the State educational agency will allocate 

19 subgrants under subpart 2 to local educational agen20 cies. 

21 ‘‘(5) If applicable, a description of how the 

22 State educational agency will work with local edu23 cational agencies in the State to develop or imple24 ment a teacher or school leader evaluation system. 
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1 ‘‘(6) An assurance that the State educational 

2 agency will comply with section 5501 (regarding par3 ticipation by private school children and teachers). 

4 ‘‘(b) DEEMED APPROVAL.—An application submitted 

5 by a State educational agency under subsection (a) shall 

6 be deemed to be approved by the Secretary unless the Sec7 retary makes a written determination, prior to the expira8 tion of the 120-day period beginning on the date on which 

9 the Secretary received the application, that the application 

10 is not in compliance with this subpart. 

11 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally 

12 disapprove an application, except after giving the State 

13 educational agency notice and an opportunity for a hear14 ing. 

15 ‘‘(d) NOTIFICATION.—If the Secretary finds that an 

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 ‘‘(e) RESPONSE.—If a State educational agency re5 sponds to a notification from the Secretary under sub6 section (d)(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 (d)(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 (b). 

16 ‘‘(f) FAILURE TO RESPOND.—If a State educational 

17 agency does not respond to a notification from the Sec18 retary under subsection (d)(2) during the 45-day period 

19 beginning on the date on which the agency received the 

20 notification, such application shall be deemed to be dis21 approved. 

22 ‘‘SEC. 2113. STATE USE OF FUNDS. 

23 ‘‘(a) IN GENERAL.—A State educational agency that 

24 receives a grant under section 2111 shall— 
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1 ‘‘(1) reserve 95 percent of the grant funds to 

2 make subgrants to local educational agencies under 

3 subpart 2; and 

4 ‘‘(2) use the remainder of the funds, after re5 serving funds under paragraph (1), for the State ac6 tivities described in subsection (b), except that the 

7 State may reserve not more than 1 percent of the 

8 grant funds for planning and administration related 

9 to carrying out activities described in subsection (b). 

10 ‘‘(b) STATE-LEVEL ACTIVITIES.—A State edu11 cational agency that receives a grant under section 2111— 

12 ‘‘(1) shall use the amount described in sub13 section (a)(2) to fulfill the State educational agen14 cy’s responsibilities with respect to the proper and 

15 efficient administration of the subgrant program 

16 carried out under this part; and 

17 ‘‘(2) may use the amount described in sub18 section (a)(2) to— 

19 ‘‘(A) provide training and technical assist20 ance to local educational agencies on— 

21 ‘‘(i) in the case of a State educational 

22 agency not implementing a statewide 

23 teacher evaluation system— 
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1 ‘‘(I) the development and imple2 mentation of a teacher evaluation sys3 tem; and 

4 ‘‘(II) training school leaders in 

5 using such evaluation system; or 

6 ‘‘(ii) in the case of a State educational 

7 agency implementing a statewide teacher 

8 evaluation system, implementing such eval9 uation system; 

10 ‘‘(B) disseminate and share evidence-based 

11 and other effective practices, including practices 

12 consistent with the principles of effectiveness 

13 described in section 2222(b), related to teacher 

14 and school leader effectiveness and professional 

15 development; 

16 ‘‘(C) provide professional development for 

17 teachers and school leaders in the State con18 sistent with section 2123(6); and 

19 ‘‘(D) provide training and technical assist20 ance to local educational agencies on— 

21 ‘‘(i) in the case of a State educational 

22 agency not implementing a statewide 

23 school leader evaluation system, the devel24 opment and implementation of a school 

25 leader evaluation system; and 
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1 ‘‘(ii) in the case of a State educational 

2 agency implementing a statewide school 

3 leader evaluation system, implementing 

4 such evaluation system. 

5 ‘‘Subpart 2—Subgrants to Local Educational 

6 Agencies 

7 ‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN8 CIES. 

9 ‘‘(a) IN GENERAL.—Each State receiving a grant 

10 under section 2111 shall use the funds reserved under sec11 tion 2113(a)(1) to award subgrants to local educational 

12 agencies under this section. 

13 ‘‘(b) ALLOCATION OF FUNDS.—From the funds re14 served by a State under section 2113(a)(1), the State edu15 cational agency shall allocate to each local educational 

16 agency in the State the sum of— 

17 ‘‘(1) an amount that bears the same relation18 ship to 50 percent of the funds as the number of in19 dividuals age 5 through 17 in the geographic area 

20 served by the local educational agency, as deter21 mined by the State on the basis of the most recent 

22 satisfactory data, bears to the number of those indi23 viduals in the geographic areas served by all the 

24 local educational agencies in the State, as so deter25 mined; and 
224 

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1 ‘‘(2) an amount that bears the same relation2 ship to 50 percent of the funds as the number of in3 dividuals age 5 through 17 from families with in4 comes below the poverty line in the geographic area 

5 served by the local educational agency, as deter6 mined by the State on the basis of the most recent 

7 satisfactory data, bears to the number of those indi8 viduals in the geographic areas served by all the 

9 local educational agencies in the State, as so deter10 mined. 

11 ‘‘SEC. 2122. LOCAL APPLICATIONS. 

12 ‘‘To be eligible to receive a subgrant under this sub13 part, a local educational agency shall submit an applica14 tion to the State educational agency involved at such time, 

15 in such a manner, and containing such information as the 

16 State educational agency may reasonably require that, at 

17 a minimum, shall include the following: 

18 ‘‘(1) A description of— 

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

20 meet the requirements of this subpart; 

21 ‘‘(B) how the activities to be carried out by 

22 the local educational agency under this subpart 

23 will be evidence-based, improve student aca24 demic achievement, and improve teacher and 

25 school leader effectiveness; 
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1 ‘‘(C) if applicable, how, the local edu2 cational agency will work with parents, teach3 ers, school leaders, and other staff of the 

4 schools served by the local educational agency 

5 in developing and implementing a teacher eval6 uation system; and 

7 ‘‘(2) If applicable, a description of how the local 

8 educational agency will develop and implement a 

9 teacher or school leader evaluation system. 

10 ‘‘(3) An assurance that the local educational 

11 agency will comply with section 5501 (regarding par12 ticipation by private school children and teachers). 

13 ‘‘SEC. 2123. LOCAL USE OF FUNDS. 

14 ‘‘A local educational agency receiving a subgrant 

15 under this subpart may use such funds for— 

16 ‘‘(1) the development and implementation of a 

17 teacher evaluation system that may— 

18 ‘‘(A) use student achievement data derived 

19 from a variety of sources as a significant factor 

20 in determining a teacher’s evaluation, with the 

21 weight given to such data defined by the local 

22 educational agency; 

23 ‘‘(B) use multiple measures of evaluation 

24 for evaluating teachers; 
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1 ‘‘(C) have more than 2 categories for rat2 ing the performance of teachers; 

3 ‘‘(D) be used to make personnel decisions, 

4 as determined by the local educational agency; 

5 and 

6 ‘‘(E) be based on input from parents, 

7 school leaders, teachers, and other staff of 

8 schools served by the local educational agency. 

9 ‘‘(2) in the case of a local educational agency 

10 located in a State implementing a statewide teacher 

11 evaluation system, implementing such evaluation 

12 system; 

13 ‘‘(3) the training of school leaders or other indi14 viduals for the purpose of evaluating teachers or 

15 school leaders under a teacher or school leader eval16 uation system, as appropriate; 

17 ‘‘(4) in the case of a local educational agency 

18 located in a State implementing a statewide school 

19 leader evaluation system, to implement such evalua20 tion system; 

21 ‘‘(5) in the case of a local educational agency 

22 located in a State not implementing a statewide 

23 school leader evaluation system, the development 

24 and implementation of a school leader evaluation 

25 system; 
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1 ‘‘(6) professional development for teachers and 

2 school leaders that is evidence-based, job-embedded, 

3 and continuous, such as— 

4 ‘‘(A) subject-based professional develop5 ment for teachers, including for teachers of 

6 civic education, including for teachers of com7 puter science and other science, technology, en8 gineering, and mathematics subjects; 

9 ‘‘(B) professional development aligned with 

10 the State’s academic standards; 

11 ‘‘(C) professional development to assist 

12 teachers in meeting the needs of students with 

13 different learning styles, particularly students 

14 with disabilities, English learners, and gifted 

15 and talented students; 

16 ‘‘(D) professional development for teachers 

17 or school leaders identified as in need of addi18 tional support through data provided by a 

19 teacher or school leader evaluation system, as 

20 appropriate; 

21 ‘‘(E) professional development based on 

22 the current science of learning, which includes 

23 research on positive brain change and cognitive 

24 skill development; 
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1 ‘‘(F) professional development for school 

2 leaders, including evidence-based mentorship 

3 programs for such leaders; 

4 ‘‘(G) professional development on inte5 grated, interdisciplinary, and project-based 

6 teaching strategies, including for career and 

7 technical education teachers and teachers of 

8 computer science and other science, technology, 

9 engineering, and mathematics subjects; or 

10 ‘‘(H) professional development on teaching 

11 dual credit, dual enrollment, Advanced Place12 ment, or International Baccalaureate postsec13 ondary-level courses to secondary school stu14 dents; 

15 ‘‘(7) partnering with a public or private organi16 zation or a consortium of such organizations to de17 velop and implement a teacher evaluation system de18 scribed in subparagraph (A) or (B) of paragraph 

19 (1), or to administer professional development, as 

20 appropriate; 

21 ‘‘(8) any activities authorized under section 

22 2222(a); or 

23 ‘‘(9) class size reduction, except that the local 

24 educational agency may use not more than 10 per25 cent of such funds for this purpose. 
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1 ‘‘Subpart 3—General Provisions 

2 ‘‘SEC. 2131. REPORTING REQUIREMENTS. 

3 ‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local 

4 educational agency receiving a subgrant under subpart 2 

5 shall submit to the State educational agency involved, on 

6 an annual basis until the last year in which the local edu7 cational agency receives such subgrant funds, a report 

8 on— 

9 ‘‘(1) how the local educational agency is meet10 ing the purposes of this part described in section 

11 2101; 

12 ‘‘(2) how the local educational agency is using 

13 such subgrant funds; 

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

15 implementing a teacher or school leader evaluation 

16 system, the results of such evaluation system, except 

17 that such report shall not reveal personally identifi18 able information about an individual teacher or 

19 school leader; and 

20 ‘‘(4) any such other information as the State 

21 educational agency may require. 

22 ‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 

23 educational agency receiving a grant under subpart 1 shall 

24 submit to the Secretary a report, on an annual basis until 

25 the last year in which the State educational agency re26 ceives such grant funds, on— 
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1 ‘‘(1) how the State educational agency is meet2 ing the purposes of this part described in section 

3 2101; and 

4 ‘‘(2) how the State educational agency is using 

5 such grant funds. 

6 ‘‘SEC. 2132. NATIONAL ACTIVITIES. 

7 ‘‘From the funds reserved by the Secretary under sec8 tion 2111(b)(1)(A), the Secretary shall, directly or 

9 through grants and contracts— 

10 ‘‘(1) provide technical assistance to States and 

11 local educational agencies in carrying out activities 

12 under this part; and 

13 ‘‘(2) acting through the Institute of Education 

14 Sciences, conduct national evaluations of activities 

15 carried out by State educational agencies and local 

16 educational agencies under this part. 

17 ‘‘SEC. 2133. STATE DEFINED. 

18 ‘‘In this part, the term ‘State’ means each of the 50 

19 States, the District of Columbia, and the Commonwealth 

20 of Puerto Rico.’’. 

21 (c) PART B.—Part B of title II (20 U.S.C. 6661 et 

22 seq.) is amended to read as follows: 
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1 ‘‘PART B—TEACHER AND SCHOOL LEADER 

2 FLEXIBLE GRANT 

3 ‘‘SEC. 2201. PURPOSE. 

4 ‘‘The purpose of this part is to improve student aca5 demic achievement by— 

6 ‘‘(1) supporting all State educational agencies, 

7 local educational agencies, schools, teachers, and 

8 school leaders to pursue innovative and evidence9 based practices to help all students meet the State’s 

10 academic standards; and 

11 ‘‘(2) increasing the number of teachers and 

12 school leaders who are effective in increasing student 

13 academic achievement. 

14 ‘‘Subpart 1—Formula Grants to States 

15 ‘‘SEC. 2211. STATE ALLOTMENTS. 

16 ‘‘(a) RESERVATIONS.—From the amount appro17 priated under section 3(b) for any fiscal year, the Sec18 retary— 

19 ‘‘(1) shall reserve 25 percent to award grants to 

20 States under this subpart; and 

21 ‘‘(2) of the amount reserved under paragraph 

22 (1), shall reserve— 

23 ‘‘(A) not more than 1 percent for national 

24 activities described in section 2233; 

25 ‘‘(B) one-half of 1 percent for allotments 

26 to outlying areas on the basis of their relative 
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1 need, as determined by the Secretary, in ac2 cordance with the purpose of this part; and 

3 ‘‘(C) one-half of 1 percent for the Sec4 retary of the Interior for programs under this 

5 part in schools operated or funded by the Bu6 reau of Indian Education. 

7 ‘‘(b) STATE ALLOTMENTS.— 

8 ‘‘(1) IN GENERAL.—From the total amount re9 served under subsection (a)(1) for each fiscal year 

10 and not reserved under subparagraphs (A) through 

11 (C) of subsection (a)(2), the Secretary shall allot, 

12 and make available in accordance with this section, 

13 to each State an amount that bears the same ratio 

14 to such sums as the school-age population of the 

15 State bears to the school-age population of all 

16 States. 

17 ‘‘(2) SMALL STATE MINIMUM.—No State receiv18 ing an allotment under paragraph (1) may receive 

19 less than one-half of 1 percent of the total amount 

20 allotted under such paragraph. 

21 ‘‘(3) REALLOTMENT.—If a State does not re22 ceive an allotment under this subpart for a fiscal 

23 year, the Secretary shall reallot the amount of the 

24 State’s allotment to the remaining States in accord25 ance with this section. 
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1 ‘‘(c) STATE APPLICATION.—In order to receive an al2 lotment under this section for any fiscal year, a State shall 

3 submit an application to the Secretary, at such time and 

4 in such manner as the Secretary may reasonably require. 

5 Such application shall— 

6 ‘‘(1) designate the State educational agency as 

7 the agency responsible for the administration and 

8 supervision of programs assisted under this part; 

9 ‘‘(2) describe how the State educational agency 

10 will use funds received under this section for State 

11 level activities described in subsection (d)(3); 

12 ‘‘(3) describe the procedures and criteria the 

13 State educational agency will use for reviewing appli14 cations and awarding subgrants in a timely manner 

15 to eligible entities under section 2221 on a competi16 tive basis; 

17 ‘‘(4) describe how the State educational agency 

18 will ensure that subgrants made under section 2221 

19 are of sufficient size and scope to support effective 

20 programs that will help increase academic achieve21 ment in the classroom and are consistent with the 

22 purposes of this part; 

23 ‘‘(5) describe the steps the State educational 

24 agency will take to ensure that eligible entities use 

25 subgrants received under section 2221 to carry out 
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1 programs that implement effective strategies, includ2 ing by providing ongoing technical assistance and 

3 training, and disseminating evidence-based and other 

4 effective strategies to such eligible entities; 

5 ‘‘(6) describe how programs under this part will 

6 be coordinated with other programs under this Act; 

7 and 

8 ‘‘(7) include an assurance that, other than pro9 viding technical and advisory assistance and moni10 toring compliance with this part, the State edu11 cational agency has not exercised, and will not exer12 cise, any influence in the decision-making processes 

13 of eligible entities as to the expenditure of funds 

14 made pursuant to an application submitted under 

15 section 2221(b). 

16 ‘‘(d) STATE USE OF FUNDS.— 

17 ‘‘(1) IN GENERAL.—Each State that receives an 

18 allotment under this section shall reserve not less 

19 than 92 percent of the amount allotted to such State 

20 under subsection (b), for each fiscal year, for sub21 grants to eligible entities under subpart 2. 

22 ‘‘(2) STATE ADMINISTRATION.—A State edu23 cational agency may reserve not more than 1 percent 

24 of the amount made available to the State under 

25 subsection (b) for the administrative costs of car-
235 

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1 rying out such State educational agency’s respon2 sibilities under this subpart. 

3 ‘‘(3) STATE-LEVEL ACTIVITIES.— 

4 ‘‘(A) INNOVATIVE TEACHER AND SCHOOL

5 LEADER ACTIVITIES.—A State educational 

6 agency shall reserve not more than 4 percent of 

7 the amount made available to the State under 

8 subsection (b) to carry out, solely, or in part9 nership with State agencies of higher education, 

10 1 or more of the following activities: 

11 ‘‘(i) Reforming teacher and school 

12 leader certification, recertification, licens13 ing, and tenure systems to ensure that 

14 such systems are rigorous and that— 

15 ‘‘(I) each teacher has the subject 

16 matter knowledge and teaching skills 

17 necessary to help students meet the 

18 State’s academic standards; and 

19 ‘‘(II) school leaders have the in20 structional leadership skills to help 

21 teachers instruct and students learn. 

22 ‘‘(ii) Improving the quality of teacher 

23 preparation programs within the State, in24 cluding through the use of appropriate stu25 dent achievement data and other factors to 
236 

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1 evaluate the quality of teacher preparation 

2 programs within the State. 

3 ‘‘(iii) Carrying out programs that es4 tablish, expand, or improve alternative 

5 routes for State certification or licensure of 

6 teachers and school leaders, including such 

7 programs for— 

8 ‘‘(I) mid-career professionals 

9 from other occupations, including 

10 computer science and other science, 

11 technology, engineering, and math 

12 fields; 

13 ‘‘(II) former military personnel; 

14 and 

15 ‘‘(III) recent graduates of an in16 stitution of higher education, with a 

17 record of academic distinction, who 

18 demonstrate the potential to become 

19 effective teachers or school leaders. 

20 ‘‘(iv) Developing, or assisting eligible 

21 entities in developing— 

22 ‘‘(I) performance-based pay sys23 tems for teachers and school leaders; 
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1 ‘‘(II) strategies that provide dif2 ferential, incentive, or bonus pay for 

3 teachers and school leaders; or 

4 ‘‘(III) teacher and school leader 

5 advancement initiatives that promote 

6 professional growth and emphasize 

7 multiple career paths and pay dif8 ferentiation. 

9 ‘‘(v) Developing, or assisting eligible 

10 entities in developing, new, evidence-based 

11 teacher and school leader induction and 

12 mentoring programs that are designed 

13 to— 

14 ‘‘(I) improve instruction and stu15 dent academic achievement; and 

16 ‘‘(II) increase the retention of ef17 fective teachers and school leaders. 

18 ‘‘(vi) Providing professional develop19 ment for teachers and school leaders that 

20 is focused on improving teaching and stu21 dent academic achievement, including for 

22 students with different learning styles, par23 ticularly students with disabilities, English 

24 learners, gifted and talented students, and 

25 other special populations. 
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1 ‘‘(vii) Providing training and technical 

2 assistance to eligible entities that receive a 

3 subgrant under section 2221. 

4 ‘‘(viii) Other activities identified by 

5 the State educational agency that meet the 

6 purposes of this part, including those ac7 tivities authorized under subparagraph 

8 (B). 

9 ‘‘(B) TEACHER OR SCHOOL LEADER PREP10 ARATION ACADEMIES.— 

11 ‘‘(i) IN GENERAL.—In the case of a 

12 State in which teacher or school leader 

13 preparation academies are allowable under 

14 State law, a State educational agency may 

15 reserve not more than 3 percent of the 

16 amount made available to the State under 

17 subsection (b) to support the establishment 

18 or expansion of one or more teacher or 

19 school leader preparation academies and, 

20 subject to the limitation under clause (iii), 

21 to support State authorizers for such acad22 emies. 

23 ‘‘(ii) MATCHING REQUIREMENT.—A 

24 State educational agency shall not provide 

25 funds under this subparagraph to support 
239 

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1 the establishment or expansion of a teach2 er or school leader preparation academy 

3 unless the academy agrees to provide, ei4 ther directly or through private contribu5 tions, non-Federal matching funds equal to 

6 not less than 10 percent of the amount of 

7 the funds the academy will receive under 

8 this subparagraph. 

9 ‘‘(iii) FUNDING FOR STATE AUTHOR10 IZERS.—Not more than 5 percent of funds 

11 provided to a teacher or school leader prep12 aration academy under this subparagraph 

13 may be used to support activities of State 

14 authorizers for such academy. 

15 ‘‘SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLI16 CATIONS. 

17 ‘‘(a) DEEMED APPROVAL.—An application submitted 

18 by a State pursuant to section 2211(c) shall be deemed 

19 to be approved by the Secretary unless the Secretary 

20 makes a written determination, prior to the expiration of 

21 the 120-day period beginning on the date on which the 

22 Secretary received the application, that the application is 

23 not in compliance with section 2211(c). 

24 ‘‘(b) DISAPPROVAL PROCESS.— 
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1 ‘‘(1) IN GENERAL.—The Secretary shall not fi2 nally disapprove an application submitted under sec3 tion 2211(c), except after giving the State edu4 cational agency notice and an opportunity for a 

5 hearing. 

6 ‘‘(2) NOTIFICATION.—If the Secretary finds 

7 that an application is not in compliance, in whole or 

8 in part, with section 2211(c) the Secretary shall— 

9 ‘‘(A) give the State educational agency no10 tice and an opportunity for a hearing; and 

11 ‘‘(B) notify the State educational agency of 

12 the finding of noncompliance and, in such noti13 fication, shall— 

14 ‘‘(i) cite the specific provisions in the 

15 application that are not in compliance; and 

16 ‘‘(ii) request additional information, 

17 only as to the noncompliant provisions, 

18 needed to make the application compliant. 

19 ‘‘(3) RESPONSE.—If a State educational agency 

20 responds to a notification from the Secretary under 

21 paragraph (2)(B) during the 45-day period begin22 ning on the date on which the State educational 

23 agency received the notification, and resubmits the 

24 application with the requested information described 
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1 in paragraph (2)(B)(ii), the Secretary shall approve 

2 or disapprove such application prior to the later of— 

3 ‘‘(A) the expiration of the 45-day period 

4 beginning on the date on which the application 

5 is resubmitted; or 

6 ‘‘(B) the expiration of the 120-day period 

7 described in subsection (a). 

8 ‘‘(4) FAILURE TO RESPOND.—If the State edu9 cational agency does not respond to a notification 

10 from the Secretary under paragraph (2)(B) during 

11 the 45-day period beginning on the date on which 

12 the State educational agency received the notifica13 tion, such application shall be deemed to be dis14 approved. 

15 ‘‘Subpart 2—Local Competitive Grant Program 

16 ‘‘SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM. 

17 ‘‘(a) IN GENERAL.—A State that receives an allot18 ment under section 2211(b) for a fiscal year shall use the 

19 amount reserved under section 2211(d)(1) to award sub20 grants, on a competitive basis, to eligible entities in ac21 cordance with this section to enable such entities to carry 

22 out the programs and activities described in section 2222. 

23 ‘‘(b) APPLICATION.— 

24 ‘‘(1) IN GENERAL.—To be eligible to receive a 

25 subgrant under this section, an eligible entity shall 
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1 submit an application to the State educational agen2 cy at such time, in such manner, and including such 

3 information as the State educational agency may 

4 reasonably require. 

5 ‘‘(2) CONTENTS.—Each application submitted 

6 under paragraph (1) shall include— 

7 ‘‘(A) a description of the programs and ac8 tivities to be funded and how they are con9 sistent with the purposes of this part; and 

10 ‘‘(B) an assurance that the eligible entity 

11 will comply with section 5501 (regarding par12 ticipation by private school children and teach13 ers). 

14 ‘‘(c) PEER REVIEW.—In reviewing applications under 

15 this section, a State educational agency shall use a peer 

16 review process or other methods of assuring the quality 

17 of such applications but the review shall only judge the 

18 likelihood of the activity to increase student academic 

19 achievement. The reviewers shall not make a determina20 tion based on the policy of the proposed activity. 

21 ‘‘(d) GEOGRAPHIC DIVERSITY.—A State educational 

22 agency shall distribute funds under this section equitably 

23 among geographic areas within the State, including rural, 

24 suburban, and urban communities. 
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1 ‘‘(e) DURATION OF AWARDS.—A State educational 

2 agency may award subgrants under this section for a pe3 riod of not more than 5 years. 

4 ‘‘(f) MATCHING.—An eligible entity receiving a 

5 subgrant under this section shall provide, either directly 

6 or through private contributions, non-Federal matching 

7 funds equal to not less than 10 percent of the amount 

8 of the subgrant. 

9 ‘‘SEC. 2222. LOCAL AUTHORIZED ACTIVITIES. 

10 ‘‘(a) IN GENERAL.—Each eligible entity receiving a 

11 subgrant under section 2221 shall use such subgrant 

12 funds to develop, implement, and evaluate comprehensive 

13 programs and activities, that are in accordance with the 

14 purpose of this part and— 

15 ‘‘(1) are consistent with the principles of effec16 tiveness described in subsection (b); and 

17 ‘‘(2) may include, among other programs and 

18 activities— 

19 ‘‘(A) developing and implementing initia20 tives to assist in recruiting, hiring, and retain21 ing highly effective teachers and school leaders, 

22 including initiatives that provide— 

23 ‘‘(i) differential, incentive, or bonus 

24 pay for teachers and school leaders; 
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1 ‘‘(ii) performance-based pay systems 

2 for teachers and school leaders; 

3 ‘‘(iii) teacher and school leader ad4 vancement initiatives that promote profes5 sional growth and emphasize multiple ca6 reer paths and pay differentiation; 

7 ‘‘(iv) new teacher and school leader 

8 induction and mentoring programs that 

9 are designed to improve instruction, stu10 dent academic achievement, and to in11 crease teacher and school leader retention; 

12 and 

13 ‘‘(v) teacher residency programs, and 

14 school leader residency programs, designed 

15 to develop and support new teachers or 

16 new school leaders, respectively; 

17 ‘‘(B) supporting the establishment or ex18 pansion of teacher or school leader preparation 

19 academies under section 2211(d)(3)(B); 

20 ‘‘(C) recruiting qualified individuals from 

21 other fields, including individuals from com22 puter science and other science, technology, en23 gineering, and math fields, mid-career profes24 sionals from other occupations, and former mili25 tary personnel; 
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1 ‘‘(D) establishing, improving, or expanding 

2 model instructional programs to ensure that all 

3 children meet the State’s academic standards; 

4 ‘‘(E) providing evidence-based, job embed5 ded, continuous professional development for 

6 teachers and school leaders focused on improv7 ing teaching and student academic achievement; 

8 ‘‘(F) implementing programs based on the 

9 current science of learning, which includes re10 search on positive brain change and cognitive 

11 skill development; 

12 ‘‘(G) recruiting and training teachers to 

13 teach dual credit, dual enrollment, Advanced 

14 Placement, or International Baccalaureate post15 secondary-level courses to secondary school stu16 dents; and 

17 ‘‘(H) other activities and programs identi18 fied as necessary by the local educational agen19 cy that meet the purpose of this part. 

20 ‘‘(b) PRINCIPLES OF EFFECTIVENESS.—For a pro21 gram or activity developed pursuant to this section to meet 

22 the principles of effectiveness, such program or activity 

23 shall— 

24 ‘‘(1) be based upon an assessment of objective 

25 data regarding the need for programs and activities 
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1 in the elementary schools and secondary schools 

2 served to increase the number of teachers and school 

3 leaders who are effective in improving student aca4 demic achievement; 

5 ‘‘(2) reflect evidence-based research, or in the 

6 absence of a strong research base, reflect effective 

7 strategies in the field, that provide evidence that the 

8 program or activity will improve student academic 

9 achievement; and 

10 ‘‘(3) include meaningful and ongoing consulta11 tion with, and input from, teachers, school leaders, 

12 and parents, in the development of the application 

13 and administration of the program or activity. 

14 ‘‘Subpart 3—General Provisions 

15 ‘‘SEC. 2231. PERIODIC EVALUATION. 

16 ‘‘(a) IN GENERAL.—Each eligible entity and each 

17 teacher or school leader preparation academy that receives 

18 funds under this part shall undergo a periodic evaluation 

19 by the State educational agency involved to assess such 

20 entity’s or such academy’s progress toward achieving the 

21 purposes of this part. 

22 ‘‘(b) USE OF RESULTS.—The results of an evaluation 

23 described in subsection (a) of an eligible entity or academy 

24 shall be— 
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1 ‘‘(1) used to refine, improve, and strengthen 

2 such eligible entity or such academy, respectively; 

3 and 

4 ‘‘(2) made available to the public upon request, 

5 with public notice of such availability provided. 

6 ‘‘SEC. 2232. REPORTING REQUIREMENTS. 

7 ‘‘(a) ELIGIBLE ENTITIES AND ACADEMIES.—Each 

8 eligible entity and each teacher or school leader prepara9 tion academy that receives funds from a State educational 

10 agency under this part shall prepare and submit annually 

11 to such State educational agency a report that includes— 

12 ‘‘(1) a description of the progress of the eligible 

13 entity or teacher or school leader preparation acad14 emy, respectively, in meeting the purposes of this 

15 part; 

16 ‘‘(2) a description of the programs and activi17 ties conducted by the eligible entity or teacher or 

18 school leader preparation academy, respectively, with 

19 funds received under this part; 

20 ‘‘(3) how the eligible entity or teacher or school 

21 leader preparation academy, respectively, is using 

22 such funds; and 

23 ‘‘(4) any such other information as the State 

24 educational agency may require. 
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1 ‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 

2 educational agency that receives a grant under this part 

3 shall prepare and submit, annually, to the Secretary a re4 port that includes— 

5 ‘‘(1) a description of the programs and activi6 ties conducted by the State educational agency with 

7 grant funds received under this part; 

8 ‘‘(2) a description of the progress of the State 

9 educational agency in meeting the purposes of this 

10 part described in section 2201; 

11 ‘‘(3) how the State educational agency is using 

12 grant funds received under this part; 

13 ‘‘(4) the methods and criteria the State edu14 cational agency used to award subgrants in a timely 

15 manner to eligible entities under section 2221 and, 

16 if applicable, funds in a timely manner to teacher or 

17 school leader academies under section 

18 2211(d)(3)(B); and 

19 ‘‘(5) the results of the periodic evaluations con20 ducted under section 2231. 

21 ‘‘SEC. 2233. NATIONAL ACTIVITIES. 

22 ‘‘From the funds reserved by the Secretary under sec23 tion 2211(a)(2)(A), the Secretary shall, directly or 

24 through grants and contracts— 
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1 ‘‘(1) provide technical assistance to States and 

2 eligible entities in carrying out activities under this 

3 part; and 

4 ‘‘(2) acting through the Institute of Education 

5 Sciences, conduct national evaluations of activities 

6 carried out by States and eligible entities under this 

7 part. 

8 ‘‘SEC. 2234. DEFINITIONS. 

9 ‘‘In this part: 

10 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en11 tity’ means— 

12 ‘‘(A) a local educational agency or consor13 tium of local educational agencies; 

14 ‘‘(B) an institution of higher education or 

15 consortium of such institutions in partnership 

16 with a local educational agency or consortium 

17 of local educational agencies; 

18 ‘‘(C) a for-profit organization, a nonprofit 

19 organization, or a consortium of for-profit or 

20 nonprofit organizations in partnership with a 

21 local educational agency or consortium of local 

22 educational agencies; or 

23 ‘‘(D) a consortium of the entities described 

24 in subparagraphs (B) and (C). 
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1 ‘‘(2) STATE.—The term ‘State’ means each of 

2 the 50 States, the District of Columbia, and the 

3 Commonwealth of Puerto Rico. 

4 ‘‘(3) STATE AUTHORIZER.—The term ‘State au5 thorizer’ means an entity designated by the Gov6 ernor of a State to authorize teacher or school leader 

7 preparation academies within the State that— 

8 ‘‘(A) enters into an agreement with a 

9 teacher or school leader preparation academy 

10 that— 

11 ‘‘(i) specifies the goals expected of the 

12 academy, which, at a minimum, include the 

13 goals described in paragraph (4); and 

14 ‘‘(ii) does not reauthorize the academy 

15 if such goals are not met; and 

16 ‘‘(B) may be a nonprofit organization, a 

17 State educational agency, or other public entity, 

18 or consortium of such entities (including a con19 sortium of State educational agencies). 

20 ‘‘(4) TEACHER OR SCHOOL LEADER PREPARA21 TION ACADEMY.—The term ‘teacher or school leader 

22 preparation academy’ means a public or private enti23 ty, or a nonprofit or for-profit organization, which 

24 may be an institution of higher education or an or25 ganization affiliated with an institution of higher 
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1 education, that will prepare teachers or school lead2 ers to serve in schools, and that— 

3 ‘‘(A) enters into an agreement with a State 

4 authorizer that specifies the goals expected of 

5 the academy, including— 

6 ‘‘(i) a requirement that prospective 

7 teachers or school leaders who are enrolled 

8 in a teacher or school leader preparation 

9 academy receive a significant part of their 

10 training through clinical preparation that 

11 partners the prospective candidate with an 

12 effective teacher or school leader, respec13 tively, with a demonstrated record of in14 creasing student achievement, while also 

15 receiving concurrent instruction from the 

16 academy in the content area (or areas) in 

17 which the prospective teacher or school 

18 leader will become certified or licensed; 

19 ‘‘(ii) the number of effective teachers 

20 or school leaders, respectively, who will 

21 demonstrate success in increasing student 

22 achievement that the academy will 

23 produce; and 

24 ‘‘(iii) a requirement that a teacher or 

25 school leader preparation academy will only 
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1 award a certificate of completion after the 

2 graduate demonstrates that the graduate is 

3 an effective teacher or school leader, re4 spectively, with a demonstrated record of 

5 increasing student achievement, except 

6 that an academy may award a provisional 

7 certificate for the period necessary to allow 

8 the graduate to demonstrate such effective9 ness; 

10 ‘‘(B) does not have restrictions on the 

11 methods the academy will use to train prospec12 tive teacher or school leader candidates, includ13 ing— 

14 ‘‘(i) obligating (or prohibiting) the 

15 academy’s faculty to hold advanced degrees 

16 or conduct academic research; 

17 ‘‘(ii) restrictions related to the acad18 emy’s physical infrastructure; 

19 ‘‘(iii) restrictions related to the num20 ber of course credits required as part of 

21 the program of study; 

22 ‘‘(iv) restrictions related to the under23 graduate coursework completed by teachers 

24 teaching or working on alternative certifi25 cates, licenses, or credentials, as long as 
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1 such teachers have successfully passed all 

2 relevant State-approved content area ex3 aminations; or 

4 ‘‘(v) restrictions related to obtaining 

5 accreditation from an accrediting body for 

6 purposes of becoming an academy; 

7 ‘‘(C) limits admission to its program to 

8 prospective teacher or school leader candidates 

9 who demonstrate strong potential to improve 

10 student achievement, based on a rigorous selec11 tion process that reviews a candidate’s prior 

12 academic achievement or record of professional 

13 accomplishment; and 

14 ‘‘(D) results in a certificate of completion 

15 that the State may recognize as at least the 

16 equivalent of a master’s degree in education for 

17 the purposes of hiring, retention, compensation, 

18 and promotion in the State. 

19 ‘‘(5) TEACHER RESIDENCY PROGRAM.—The 

20 term ‘teacher residency program’ means a school21 based teacher preparation program in which a pro22 spective teacher— 

23 ‘‘(A) for one academic year, teaches along24 side an effective teacher, as determined by a 
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1 teacher evaluation system implemented under 

2 part A, who is the teacher of record; 

3 ‘‘(B) receives concurrent instruction during 

4 the year described in subparagraph (A) from 

5 the partner institution (as defined in section 

6 200 of the Higher Education Act of 1965 (20 

7 U.S.C. 1021)), which courses may be taught by 

8 local educational agency personnel or residency 

9 program faculty, in the teaching of the content 

10 area in which the teacher will become certified 

11 or licensed; and 

12 ‘‘(C) acquires effective teaching skills.’’. 

13 (d) PART C.—Part C of title II (20 U.S.C. 6671 et 

14 seq.) is amended— 

15 (1) by striking subparts 1 through 4; 

16 (2) by striking the heading relating to subpart 

17 5; 

18 (3) by striking sections 2361 and 2368; 

19 (4) in section 2362, by striking ‘‘principals’’ 

20 and inserting ‘‘school leaders’’; 

21 (5) in section 2363(6)(A), by striking ‘‘prin22 cipal’’ and inserting ‘‘school leader’’; 

23 (6) in section 2366(b), by striking ‘‘ate law’’ 

24 and inserting ‘‘(3) A State law’’; 
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1 (7) by redesignating section 2362 as section 

2 2361; 

3 (8) by redesignating sections 2364 through 

4 2367 as sections 2362 through 2365, respectively; 

5 and 

6 (9) by redesignating section 2363 as section 

7 2366 and transferring such section to appear after 

8 section 2365 (as so redesignated). 

9 (e) PART D.—Part D of title II (20 U.S.C. 6751 et 

10 seq.) is amended to read as follows: 

11 ‘‘PART D—GENERAL PROVISIONS 

12 ‘‘SEC. 2401. INCLUSION OF CHARTER SCHOOLS. 

13 ‘‘In this title, the term ‘local educational agency’ in14 cludes a charter school (as defined in section 5101) that, 

15 in the absence of this section, would not have received 

16 funds under this title. 

17 ‘‘SEC. 2402. PARENTS’ RIGHT TO KNOW. 

18 ‘‘At the beginning of each school year, a local edu19 cational agency that receives funds under this title shall 

20 notify the parents of each student attending any school 

21 receiving funds under this title that the parents may re22 quest, and the agency will provide the parents on request 

23 (and in a timely manner), information regarding the pro24 fessional qualifications of the student’s classroom teach25 ers. 
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1 ‘‘SEC. 2403. SUPPLEMENT, NOT SUPPLANT. 

2 ‘‘Funds received under this title shall be used to sup3 plement, and not supplant, non-Federal funds that would 

4 otherwise be used for activities authorized under this 

5 title.’’. 

6 SEC. 202. CONFORMING REPEALS. 

7 (a) CONFORMING REPEALS.—Title II of the Higher 

8 Education Act of 1965 (20 U.S.C. 1021 et seq.) is amend9 ed by repealing sections 201 through 204. 

10 (b) EFFECTIVE DATE.—The repeals made by sub11 section (a) shall take effect October 1, 2013. 

12 TITLE III—PARENTAL ENGAGE13 MENT AND LOCAL FLEXI14 BILITY 

15 SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXI16 BILITY. 

17 Title III (20 U.S.C. 6801 et seq.) is amended to read 

18 as follows: 

19 ‘‘TITLE III—PARENTAL ENGAGE20 MENT AND LOCAL FLEXI21 BILITY 

22 ‘‘PART A—PARENTAL ENGAGEMENT 

23 ‘‘Subpart 1—Charter School Program 

24 ‘‘SEC. 3101. PURPOSE. 

25 ‘‘It is the purpose of this subpart to— 
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1 ‘‘(1) improve the United States education sys2 tem and educational opportunities for all Americans 

3 by supporting innovation in public education in pub4 lic school settings that prepare students to compete 

5 and contribute to the global economy; 

6 ‘‘(2) provide financial assistance for the plan7 ning, program design, and initial implementation of 

8 charter schools; 

9 ‘‘(3) expand the number of high-quality charter 

10 schools available to students across the Nation; 

11 ‘‘(4) evaluate the impact of such schools on stu12 dent achievement, families, and communities, and 

13 share best practices between charter schools and 

14 other public schools; 

15 ‘‘(5) encourage States to provide support to 

16 charter schools for facilities financing in an amount 

17 more nearly commensurate to the amount the States 

18 have typically provided for traditional public schools; 

19 ‘‘(6) improve student services to increase oppor20 tunities for students with disabilities, English learn21 ers, and other traditionally underserved students to 

22 attend charter schools and meet challenging State 

23 academic achievement standards; and 

24 ‘‘(7) support efforts to strengthen the charter 

25 school authorizing process to improve performance 
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1 management, including transparency, monitoring, 

2 and evaluation of such schools. 

3 ‘‘SEC. 3102. PROGRAM AUTHORIZED. 

4 ‘‘(a) IN GENERAL.—From the amounts appropriated 

5 under section 3(c)(1)(A), the Secretary shall carry out a 

6 charter school program under this subpart that supports 

7 charter schools that serve elementary school and sec8 ondary school students by— 

9 ‘‘(1) supporting the startup, replication, and ex10 pansion of charter schools; 

11 ‘‘(2) assisting charter schools in accessing cred12 it to acquire and renovate facilities for school use; 

13 and 

14 ‘‘(3) carrying out national activities to sup15 port— 

16 ‘‘(A) charter school development; 

17 ‘‘(B) the dissemination of best practices of 

18 charter schools for all schools; and 

19 ‘‘(C) the evaluation of the impact of the 

20 program on schools participating in the pro21 gram. 

22 ‘‘(b) FUNDING ALLOTMENT.—From the amount 

23 made available under section 3(c)(1)(A) for a fiscal year, 

24 the Secretary shall— 
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1 ‘‘(1) reserve 15 percent to support charter 

2 school facilities assistance under section 3104; 

3 ‘‘(2) reserve not more than 5 percent to carry 

4 out national activities under section 3105; and 

5 ‘‘(3) use the remaining amount after the Sec6 retary reserves funds under paragraphs (1) and (2) 

7 to carry out section 3103. 

8 ‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The recipi9 ent of a grant or subgrant under this subpart or subpart 

10 2, as such subpart was in effect on the day before the 

11 date of enactment of the Student Success Act, shall con12 tinue to receive funds in accordance with the terms and 

13 conditions of such grant or subgrant. 

14 ‘‘SEC. 3103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER 

15 SCHOOLS. 

16 ‘‘(a) IN GENERAL.—From the amount reserved 

17 under section 3102(b)(3), the Secretary shall award 

18 grants to State entities having applications approved pur19 suant to subsection (f) to enable such entities to— 

20 ‘‘(1) award subgrants to eligible applicants 

21 for— 

22 ‘‘(A) opening new charter schools; 

23 ‘‘(B) opening replicable, high-quality char24 ter school models; or 
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1 ‘‘(C) expanding high-quality charter 

2 schools; and 

3 ‘‘(2) provide technical assistance to eligible ap4 plicants and authorized public chartering agencies in 

5 carrying out the activities described in paragraph (1) 

6 and work with authorized public chartering agencies 

7 in the State to improve authorizing quality. 

8 ‘‘(b) STATE USES OF FUNDS.— 

9 ‘‘(1) IN GENERAL.—A State entity receiving a 

10 grant under this section shall— 

11 ‘‘(A) use 90 percent of the grant funds to 

12 award subgrants to eligible applicants, in ac13 cordance with the quality charter school pro14 gram described in the entity’s application ap15 proved pursuant to subsection (f), for the pur16 poses described in subparagraphs (A) through 

17 (C) of subsection (a)(1); and 

18 ‘‘(B) reserve 10 percent of such funds to 

19 carry out the activities described in subsection 

20 (a)(2), of which not more than 30 percent may 

21 be used for administrative costs which may in22 clude technical assistance. 

23 ‘‘(2) CONTRACTS AND GRANTS.—A State entity 

24 may use a grant received under this section to carry 

25 out the activities described in subparagraphs (A) 
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1 and (B) of paragraph (1) directly or through grants, 

2 contracts, or cooperative agreements. 

3 ‘‘(c) PROGRAM PERIODS; PEER REVIEW; GRANT

4 NUMBER AND AMOUNT; DIVERSITY OF PROJECTS; WAIV5 ERS.— 

6 ‘‘(1) PROGRAM PERIODS.— 

7 ‘‘(A) GRANTS.—A grant awarded by the 

8 Secretary to a State entity under this section 

9 shall be for a period of not more than 5 years. 

10 ‘‘(B) SUBGRANTS.—A subgrant awarded 

11 by a State entity under this section shall be for 

12 a period of not more than 3 years, of which an 

13 eligible applicant may use not more than 18 

14 months for planning and program design. 

15 ‘‘(2) PEER REVIEW.—The Secretary, and each 

16 State entity receiving a grant under this section, 

17 shall use a peer review process to review applications 

18 for assistance under this section. 

19 ‘‘(3) GRANT NUMBER AND AMOUNT.—The Sec20 retary shall ensure that the number of grants award21 ed under this section and the award amounts will 

22 allow for a sufficient number of new grants to be 

23 awarded under this section for each succeeding fiscal 

24 year. 
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1 ‘‘(4) DIVERSITY OF PROJECTS.—Each State en2 tity receiving a grant under this section shall award 

3 subgrants under this section in a manner that, to 

4 the extent possible, ensures that such subgrants— 

5 ‘‘(A) are distributed throughout different 

6 areas, including urban, suburban, and rural 

7 areas; and 

8 ‘‘(B) will assist charter schools rep9 resenting a variety of educational approaches. 

10 ‘‘(5) WAIVERS.—The Secretary may waive any 

11 statutory or regulatory requirement without requir12 ing the adoption of any unrelated requirements over 

13 which the Secretary exercises administrative author14 ity except any such requirement relating to the ele15 ments of a charter school described in section 

16 5101(3), if— 

17 ‘‘(A) the waiver is requested in an ap18 proved application under this section; and 

19 ‘‘(B) the Secretary determines that grant20 ing such a waiver will promote the purpose of 

21 this subpart. 

22 ‘‘(d) LIMITATIONS.— 

23 ‘‘(1) GRANTS.—A State entity may not receive 

24 more than 1 grant under this section for a 5-year 

25 period. 
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1 ‘‘(2) SUBGRANTS.—An eligible applicant may 

2 not receive more than 1 subgrant under this section 

3 for an individual charter school for a 3-year period. 

4 ‘‘(e) APPLICATIONS.—A State entity desiring to re5 ceive a grant under this section shall submit an application 

6 to the Secretary at such time and in such manner as the 

7 Secretary may require. The application shall include the 

8 following: 

9 ‘‘(1) DESCRIPTION OF PROGRAM.—A descrip10 tion of the State entity’s objectives in running a 

11 quality charter school program under this section 

12 and how the objectives of the program will be car13 ried out, including a description— 

14 ‘‘(A) of how the entity— 

15 ‘‘(i) will support both new charter 

16 school startup and the expansion and rep17 lication of high-quality charter school mod18 els; 

19 ‘‘(ii) will inform eligible charter 

20 schools, developers, and authorized public 

21 chartering agencies of the availability of 

22 funds under the program; 

23 ‘‘(iii) will work with eligible applicants 

24 to ensure that the applicants access all 

25 Federal funds that they are eligible to re-
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1 ceive, and help the charter schools sup2 ported by the applicants and the students 

3 attending the charter schools— 

4 ‘‘(I) participate in the Federal 

5 programs in which the schools and 

6 students are eligible to participate; 

7 and 

8 ‘‘(II) receive the commensurate 

9 share of Federal funds the schools 

10 and students are eligible to receive 

11 under such programs; 

12 ‘‘(iv) in the case in which the entity is 

13 not a State educational agency— 

14 ‘‘(I) will work with the State edu15 cational agency and the charter 

16 schools in the State to maximize char17 ter school participation in Federal and 

18 State programs for charter schools; 

19 and 

20 ‘‘(II) will work with the State 

21 educational agency to adequately op22 erate the entity’s program under this 

23 section, where applicable; 

24 ‘‘(v) will ensure eligible applicants 

25 that receive a subgrant under the entity’s 
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1 program are prepared to continue to oper2 ate the charter schools receiving the 

3 subgrant funds once the funds have ex4 pired; 

5 ‘‘(vi) will support charter schools in 

6 local educational agencies with large num7 bers of schools implementing requirements 

8 under the State’s school improvement sys9 tem under section 1111(b)(3)(B)(iii); 

10 ‘‘(vii) will work with charter schools to 

11 promote inclusion of all students and sup12 port all students once they are enrolled to 

13 promote retention; 

14 ‘‘(viii) will work with charter schools 

15 on recruitment practices, including efforts 

16 to engage groups that may otherwise have 

17 limited opportunities to participate in char18 ter schools; 

19 ‘‘(ix) will share best and promising 

20 practices between charter schools and 

21 other public schools, including, where ap22 propriate, instruction and professional de23 velopment in science, math, technology, 

24 and engineering education; 
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1 ‘‘(x) will ensure the charter schools 

2 receiving funds under the entity’s program 

3 can meet the educational needs of their 

4 students, including students with disabil5 ities and English learners; and 

6 ‘‘(xi) will support efforts to increase 

7 quality initiatives, including meeting the 

8 quality authorizing elements described in 

9 paragraph (2)(E); 

10 ‘‘(B) of the extent to which the entity— 

11 ‘‘(i) is able to meet and carry out the 

12 priorities listed in subsection (f)(2); and 

13 ‘‘(ii) is working to develop or 

14 strengthen a cohesive statewide system to 

15 support the opening of new charter schools 

16 and replicable, high-quality charter school 

17 models, and the expansion of high-quality 

18 charter schools; 

19 ‘‘(C) of how the entity will carry out the 

20 subgrant competition, including— 

21 ‘‘(i) a description of the application 

22 each eligible applicant desiring to receive a 

23 subgrant will submit, including— 

24 ‘‘(I) a description of the roles 

25 and responsibilities of eligible appli-
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1 cants, partner organizations, and 

2 management organizations, including 

3 the administrative and contractual 

4 roles and responsibilities; 

5 ‘‘(II) a description of the quality 

6 controls agreed to between the eligible 

7 applicant and the authorized public 

8 chartering agency involved, such as a 

9 contract or performance agreement, 

10 and how a school’s performance in the 

11 State’s academic accountability sys12 tem will be a primary factor for re13 newal or revocation of the school’s 

14 charter; and 

15 ‘‘(III) a description of how the el16 igible applicant will solicit and con17 sider input from parents and other 

18 members of the community on the im19 plementation and operation of each 

20 charter school receiving funds under 

21 the entity’s program; and 

22 ‘‘(ii) a description of how the entity 

23 will review applications; 

24 ‘‘(D) in the case of an entity that partners 

25 with an outside organization to carry out the 
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1 entity’s quality charter school program, in 

2 whole or in part, of the roles and responsibil3 ities of this partner; 

4 ‘‘(E) of how the entity will help the charter 

5 schools receiving funds under the entity’s pro6 gram consider the transportation needs of the 

7 schools’ students; and 

8 ‘‘(F) of how the entity will support diverse 

9 charter school models, including models that 

10 serve rural communities. 

11 ‘‘(2) ASSURANCES.—Assurances, including a 

12 description of how the assurances will be met, 

13 that— 

14 ‘‘(A) each charter school receiving funds 

15 under the entity’s program will have a high de16 gree of autonomy over budget and operations, 

17 including personnel; 

18 ‘‘(B) the entity will support charter schools 

19 in meeting the educational needs of their stu20 dents as described in paragraph (1)(A)(x); 

21 ‘‘(C) the entity will ensure that the author22 ized public chartering agency of any charter 

23 school that receives funds under the entity’s 

24 program— 
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1 ‘‘(i) ensures that each charter school 

2 is meeting the obligations under this Act, 

3 part B of the Individuals with Disabilities 

4 Education Act, title VI of the Civil Rights 

5 Act of 1964, section 504 of the Rehabilita6 tion Act of 1973, the Age Discrimination 

7 Act of 1975, and title IX of the Education 

8 Amendments of 1972; 

9 ‘‘(ii) adequately monitors and helps 

10 each charter school in recruiting, enrolling, 

11 and meeting the needs of all students, in12 cluding students with disabilities and 

13 English learners; and 

14 ‘‘(iii) ensures that each charter school 

15 solicits and considers input from parents 

16 and other members of the community on 

17 the implementation and operation of the 

18 school; 

19 ‘‘(D) the entity will provide adequate tech20 nical assistance to eligible applicants to— 

21 ‘‘(i) meet the objectives described in 

22 clauses (vii), (viii), and (x) of paragraph 

23 (1)(A); and 

24 ‘‘(ii) enroll traditionally underserved 

25 students, including students with disabil-
270 

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1 ities and English learners, to promote an 

2 inclusive education environment; 

3 ‘‘(E) the entity will promote quality au4 thorizing, such as through providing technical 

5 assistance, to support all authorized public 

6 chartering agencies in the State to improve the 

7 monitoring of their charter schools, including 

8 by— 

9 ‘‘(i) assessing annual performance 

10 data of the schools, including, as appro11 priate, graduation rates and student 

12 growth; and 

13 ‘‘(ii) reviewing the schools’ inde14 pendent, annual audits of financial state15 ments conducted in accordance with gen16 erally accepted accounting principles, and 

17 ensuring any such audits are publically re18 ported; 

19 ‘‘(F) the entity will work to ensure that 

20 charter schools are included with the traditional 

21 public schools in decision-making about the 

22 public school system in the State; 

23 ‘‘(G) the entity will ensure that each char24 ter school in the State make publicly available, 

25 consistent with the dissemination requirements 
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1 of the annual State report card, the information 

2 parents need to make informed decisions about 

3 the education options available to their children, 

4 including information on the educational pro5 gram, student support services, and annual per6 formance and enrollment data for the groups of 

7 students described in section 

8 1111(b)(3)(B)(ii)(II); 

9 ‘‘(H) the entity will ensure that each char10 ter school provides substantive outreach to stu11 dents from low-income families and other un12 derserved populations in its plans to open new 

13 charter schools, replicate high-quality charter 

14 school models, or expand existing high-quality 

15 charter schools; and 

16 ‘‘(I) the entity will allow per pupil revenues 

17 to shared between local educational agencies to 

18 reflect split student enrollment in 2 or more 

19 part-time educational programs operated or au20 thorized by different local educational agencies. 

21 ‘‘(3) REQUESTS FOR WAIVERS.—A request and 

22 justification for waivers of any Federal statutory or 

23 regulatory provisions that the entity believes are nec24 essary for the successful operation of the charter 

25 schools that will receive funds under the entity’s pro-
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1 gram under this section, and a description of any 

2 State or local rules, generally applicable to public 

3 schools, that will be waived, or otherwise not apply 

4 to such schools. 

5 ‘‘(f) SELECTION CRITERIA; PRIORITY.— 

6 ‘‘(1) SELECTION CRITERIA.—The Secretary 

7 shall award grants to State entities under this sec8 tion on the basis of the quality of the applications 

9 submitted under subsection (e), after taking into 

10 consideration— 

11 ‘‘(A) the degree of flexibility afforded by 

12 the State’s public charter school law and how 

13 the entity will work to maximize the flexibility 

14 provided to charter schools under the law; 

15 ‘‘(B) the ambitiousness of the entity’s ob16 jectives for the quality charter school program 

17 carried out under this section; 

18 ‘‘(C) the quality of the strategy for assess19 ing achievement of those objectives; 

20 ‘‘(D) the likelihood that the eligible appli21 cants receiving subgrants under the program 

22 will meet those objectives and improve edu23 cational results for students; 

24 ‘‘(E) the proposed number of new charter 

25 schools to be opened, and the proposed number 
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1 of high-quality charter schools to be replicated 

2 or expanded under the program; 

3 ‘‘(F) the entity’s plan to— 

4 ‘‘(i) adequately monitor the eligible 

5 applicants receiving subgrants under the 

6 entity’s program; and 

7 ‘‘(ii) work with the authorized public 

8 chartering agencies involved to avoid dupli9 cation of work for the charter schools and 

10 authorized public chartering agencies; 

11 ‘‘(G) the entity’s plan to provide adequate 

12 technical assistance, as described in the entity’s 

13 application under subsection (e), for the eligible 

14 applicants receiving subgrants under the enti15 ty’s program under this section; 

16 ‘‘(H) the entity’s plan to support quality 

17 authorizing efforts in the State, consistent with 

18 the objectives described in subparagraph (B); 

19 and 

20 ‘‘(I) the entity’s plan to solicit and con21 sider input from parents and other members of 

22 the community on the implementation and oper23 ation of the charter schools in the State. 

24 ‘‘(2) PRIORITY.—In awarding grants under this 

25 section, the Secretary shall give priority to State en-
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•HR 5 EH

1 tities to the extent that they meet the following cri2 teria: 

3 ‘‘(A) In the case of a State entity located 

4 in a State that allows an entity other than a 

5 local educational agency to be an authorized 

6 public chartering agency, the State has a qual7 ity authorized public chartering agency that is 

8 an entity other than a local educational agency. 

9 ‘‘(B) The State entity is located in a State 

10 that does not impose any limitation on the 

11 number or percentage of charter schools that 

12 may exist or the number or percentage of stu13 dents that may attend charter schools in the 

14 State. 

15 ‘‘(C) The State entity is located in a State 

16 that ensures equitable financing, as compared 

17 to traditional public schools, for charter schools 

18 and students in a prompt manner. 

19 ‘‘(D) The State entity is located in a State 

20 that uses best practices from charter schools to 

21 help improve struggling schools and local edu22 cational agencies. 

23 ‘‘(E) The State entity partners with an or24 ganization that has a demonstrated record of 

25 success in developing management organiza-
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•HR 5 EH

1 tions to support the development of charter 

2 schools in the State. 

3 ‘‘(F) The State entity demonstrates quality 

4 policies and practices to support and monitor 

5 charter schools through factors including— 

6 ‘‘(i) the proportion of high-quality 

7 charter schools in the State; and 

8 ‘‘(ii) the proportion of charter schools 

9 enrolling, at a rate similar to traditional 

10 public schools, traditionally underserved 

11 students, including students with disabil12 ities and English learners. 

13 ‘‘(G) The State entity supports charter 

14 schools that support at-risk students through 

15 activities such as dropout prevention or dropout 

16 recovery. 

17 ‘‘(H) The State entity authorizes all char18 ter schools in the State to serve as school food 

19 authorities. 

20 ‘‘(g) LOCAL USES OF FUNDS.—An eligible applicant 

21 receiving a subgrant under this section shall use such 

22 funds to open new charter schools, open replicable, high23 quality charter school models, or expand existing high24 quality charter schools, which may include: (1) paying 

25 costs associated with preparing teachers to ensure strong 
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•HR 5 EH

1 school starts; (2) purchasing instructional materials and 

2 implementing teacher and principal professional develop3 ment programs; and (3) providing the necessary renova4 tions and minor facilities repairs, excluding construction, 

5 to ensure a strong school opening or to meet the needs 

6 of increased student enrollment. 

7 ‘‘(h) REPORTING REQUIREMENTS.—Each State enti8 ty receiving a grant under this section shall submit to the 

9 Secretary, at the end of the third year of the 5-year grant 

10 period and at the end of such grant period, a report on— 

11 ‘‘(1) the number of students served under each 

12 subgrant awarded under this section and, if applica13 ble, how many new students were served during each 

14 year of the subgrant period; 

15 ‘‘(2) the number of subgrants awarded under 

16 this section to carry out each of the following— 

17 ‘‘(A) the opening of new charter schools; 

18 ‘‘(B) the opening of replicable, high-quality 

19 charter school models; and 

20 ‘‘(C) the expansion of high-quality charter 

21 schools; 

22 ‘‘(3) the progress the entity made toward meet23 ing the priorities described in subsection (f)(2), as 

24 applicable; 
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•HR 5 EH

1 ‘‘(4) how the entity met the objectives of the 

2 quality charter school program described in the enti3 ty’s application under subsection (e); 

4 ‘‘(5) how the entity complied with, and ensured 

5 that eligible applicants complied with, the assurances 

6 described in the entity’s application; and 

7 ‘‘(6) how the entity worked with authorized 

8 public chartering agencies and how such agencies 

9 worked with the management company or leadership 

10 of the schools that received subgrants under this 

11 section. 

12 ‘‘(i) STATE ENTITY DEFINED.—For purposes of this 

13 section, the term ‘State entity’ means— 

14 ‘‘(1) a State educational agency; 

15 ‘‘(2) a State charter school board; 

16 ‘‘(3) a Governor of a State; or 

17 ‘‘(4) a charter support organization. 

18 ‘‘SEC. 3104. FACILITIES FINANCING ASSISTANCE. 

19 ‘‘(a) GRANTS TO ELIGIBLE ENTITIES.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall not use 

21 less than 50 percent of the amount reserved under 

22 section 3102(b)(1) to award grants to eligible enti23 ties that have the highest-quality applications ap24 proved under subsection (d), after considering the 

25 diversity of such applications, to demonstrate inno-
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•HR 5 EH

1 vative methods of assisting charter schools to ad2 dress the cost of acquiring, constructing, and ren3 ovating facilities by enhancing the availability of 

4 loans or bond financing. 

5 ‘‘(2) ELIGIBLE ENTITY DEFINED.—For pur6 poses of this section, the term ‘eligible entity’ 

7 means— 

8 ‘‘(A) a public entity, such as a State or 

9 local governmental entity; 

10 ‘‘(B) a private nonprofit entity; or 

11 ‘‘(C) a consortium of entities described in 

12 subparagraphs (A) and (B). 

13 ‘‘(b) GRANTEE SELECTION.—The Secretary shall 

14 evaluate each application submitted under subsection (d), 

15 and shall determine whether the application is sufficient 

16 to merit approval. 

17 ‘‘(c) GRANT CHARACTERISTICS.—Grants under sub18 section (a) shall be of a sufficient size, scope, and quality 

19 so as to ensure an effective demonstration of an innovative 

20 means of enhancing credit for the financing of charter 

21 school acquisition, construction, or renovation. 

22 ‘‘(d) APPLICATIONS.— 

23 ‘‘(1) IN GENERAL.—To receive a grant under 

24 subsection (a), an eligible entity shall submit to the 
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1 Secretary an application in such form as the Sec2 retary may reasonably require. 

3 ‘‘(2) CONTENTS.—An application submitted 

4 under paragraph (1) shall contain— 

5 ‘‘(A) a statement identifying the activities 

6 proposed to be undertaken with funds received 

7 under subsection (a), including how the eligible 

8 entity will determine which charter schools will 

9 receive assistance, and how much and what 

10 types of assistance charter schools will receive; 

11 ‘‘(B) a description of the involvement of 

12 charter schools in the application’s development 

13 and the design of the proposed activities; 

14 ‘‘(C) a description of the eligible entity’s 

15 expertise in capital market financing; 

16 ‘‘(D) a description of how the proposed ac17 tivities will leverage the maximum amount of 

18 private-sector financing capital relative to the 

19 amount of Federal, State, or local government 

20 funding used and otherwise enhance credit 

21 available to charter schools, including how the 

22 entity will offer a combination of rates and 

23 terms more favorable than the rates and terms 

24 that a charter school could receive without as25 sistance from the entity under this section; 
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•HR 5 EH

1 ‘‘(E) a description of how the eligible enti2 ty possesses sufficient expertise in education to 

3 evaluate the likelihood of success of a charter 

4 school program for which facilities financing is 

5 sought; and 

6 ‘‘(F) in the case of an application sub7 mitted by a State governmental entity, a de8 scription of the actions that the entity has 

9 taken, or will take, to ensure that charter 

10 schools within the State receive the funding the 

11 charter schools need to have adequate facilities. 

12 ‘‘(e) CHARTER SCHOOL OBJECTIVES.—An eligible 

13 entity receiving a grant under this section shall use the 

14 funds deposited in the reserve account established under 

15 subsection (f) to assist one or more charter schools to ac16 cess private sector capital to accomplish one or more of 

17 the following objectives: 

18 ‘‘(1) The acquisition (by purchase, lease, dona19 tion, or otherwise) of an interest (including an inter20 est held by a third party for the benefit of a charter 

21 school) in improved or unimproved real property 

22 that is necessary to commence or continue the oper23 ation of a charter school. 

24 ‘‘(2) The construction of new facilities, includ25 ing predevelopment costs, or the renovation, repair, 
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•HR 5 EH

1 or alteration of existing facilities, necessary to com2 mence or continue the operation of a charter school. 

3 ‘‘(3) The predevelopment costs required to as4 sess sites for purposes of paragraph (1) or (2) and 

5 which are necessary to commence or continue the 

6 operation of a charter school. 

7 ‘‘(f) RESERVE ACCOUNT.— 

8 ‘‘(1) USE OF FUNDS.—To assist charter schools 

9 to accomplish the objectives described in subsection 

10 (e), an eligible entity receiving a grant under sub11 section (a) shall, in accordance with State and local 

12 law, directly or indirectly, alone or in collaboration 

13 with others, deposit the funds received under sub14 section (a) (other than funds used for administrative 

15 costs in accordance with subsection (g)) in a reserve 

16 account established and maintained by the eligible 

17 entity for this purpose. Amounts deposited in such 

18 account shall be used by the eligible entity for one 

19 or more of the following purposes: 

20 ‘‘(A) Guaranteeing, insuring, and rein21 suring bonds, notes, evidences of debt, loans, 

22 and interests therein, the proceeds of which are 

23 used for an objective described in subsection 

24 (e). 
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1 ‘‘(B) Guaranteeing and insuring leases of 

2 personal and real property for an objective de3 scribed in subsection (e). 

4 ‘‘(C) Facilitating financing by identifying 

5 potential lending sources, encouraging private 

6 lending, and other similar activities that di7 rectly promote lending to, or for the benefit of, 

8 charter schools. 

9 ‘‘(D) Facilitating the issuance of bonds by 

10 charter schools, or by other public entities for 

11 the benefit of charter schools, by providing 

12 technical, administrative, and other appropriate 

13 assistance (including the recruitment of bond 

14 counsel, underwriters, and potential investors 

15 and the consolidation of multiple charter school 

16 projects within a single bond issue). 

17 ‘‘(2) INVESTMENT.—Funds received under this 

18 section and deposited in the reserve account estab19 lished under paragraph (1) shall be invested in obli20 gations issued or guaranteed by the United States or 

21 a State, or in other similarly low-risk securities. 

22 ‘‘(3) REINVESTMENT OF EARNINGS.—Any earn23 ings on funds received under subsection (a) shall be 

24 deposited in the reserve account established under 
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1 paragraph (1) and used in accordance with such 

2 paragraph. 

3 ‘‘(g) LIMITATION ON ADMINISTRATIVE COSTS.—An 

4 eligible entity may use not more than 2.5 percent of the 

5 funds received under subsection (a) for the administrative 

6 costs of carrying out its responsibilities under this section 

7 (excluding subsection (k)). 

8 ‘‘(h) AUDITS AND REPORTS.— 

9 ‘‘(1) FINANCIAL RECORD MAINTENANCE AND

10 AUDIT.—The financial records of each eligible entity 

11 receiving a grant under subsection (a) shall be main12 tained in accordance with generally accepted ac13 counting principles and shall be subject to an annual 

14 audit by an independent public accountant. 

15 ‘‘(2) REPORTS.— 

16 ‘‘(A) GRANTEE ANNUAL REPORTS.—Each 

17 eligible entity receiving a grant under sub18 section (a) annually shall submit to the Sec19 retary a report of its operations and activities 

20 under this section. 

21 ‘‘(B) CONTENTS.—Each annual report 

22 submitted under subparagraph (A) shall in23 clude— 

24 ‘‘(i) a copy of the most recent finan25 cial statements, and any accompanying 
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•HR 5 EH

1 opinion on such statements, prepared by 

2 the independent public accountant review3 ing the financial records of the eligible en4 tity; 

5 ‘‘(ii) a copy of any report made on an 

6 audit of the financial records of the eligible 

7 entity that was conducted under paragraph 

8 (1) during the reporting period; 

9 ‘‘(iii) an evaluation by the eligible en10 tity of the effectiveness of its use of the 

11 Federal funds provided under subsection 

12 (a) in leveraging private funds; 

13 ‘‘(iv) a listing and description of the 

14 charter schools served during the reporting 

15 period, including the amount of funds used 

16 by each school, the type of project facili17 tated by the grant, and the type of assist18 ance provided to the charter schools; 

19 ‘‘(v) a description of the activities car20 ried out by the eligible entity to assist 

21 charter schools in meeting the objectives 

22 set forth in subsection (e); and 

23 ‘‘(vi) a description of the characteris24 tics of lenders and other financial institu25 tions participating in the activities under-
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1 taken by the eligible entity under this sec2 tion (excluding subsection (k)) during the 

3 reporting period. 

4 ‘‘(C) SECRETARIAL REPORT.—The Sec5 retary shall review the reports submitted under 

6 subparagraph (A) and shall provide a com7 prehensive annual report to Congress on the ac8 tivities conducted under this section (excluding 

9 subsection (k)). 

10 ‘‘(i) NO FULL FAITH AND CREDIT FOR GRANTEE

11 OBLIGATION.—No financial obligation of an eligible entity 

12 entered into pursuant to this section (such as an obliga13 tion under a guarantee, bond, note, evidence of debt, or 

14 loan) shall be an obligation of, or guaranteed in any re15 spect by, the United States. The full faith and credit of 

16 the United States is not pledged to the payment of funds 

17 which may be required to be paid under any obligation 

18 made by an eligible entity pursuant to any provision of 

19 this section. 

20 ‘‘(j) RECOVERY OF FUNDS.— 

21 ‘‘(1) IN GENERAL.—The Secretary, in accord22 ance with chapter 37 of title 31, United States 

23 Code, shall collect— 

24 ‘‘(A) all of the funds in a reserve account 

25 established by an eligible entity under sub-
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1 section (f)(1) if the Secretary determines, not 

2 earlier than 2 years after the date on which the 

3 eligible entity first received funds under this 

4 section (excluding subsection (k)), that the eli5 gible entity has failed to make substantial 

6 progress in carrying out the purposes described 

7 in subsection (f)(1); or 

8 ‘‘(B) all or a portion of the funds in a re9 serve account established by an eligible entity 

10 under subsection (f)(1) if the Secretary deter11 mines that the eligible entity has permanently 

12 ceased to use all or a portion of the funds in 

13 such account to accomplish any purpose de14 scribed in subsection (f)(1). 

15 ‘‘(2) EXERCISE OF AUTHORITY.—The Secretary 

16 shall not exercise the authority provided in para17 graph (1) to collect from any eligible entity any 

18 funds that are being properly used to achieve one or 

19 more of the purposes described in subsection (f)(1). 

20 ‘‘(3) PROCEDURES.—The provisions of sections 

21 451, 452, and 458 of the General Education Provi22 sions Act (20 U.S.C. 1234, 1234a, and 1234g) shall 

23 apply to the recovery of funds under paragraph (1). 

24 ‘‘(4) CONSTRUCTION.—This subsection shall 

25 not be construed to impair or affect the authority of 
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1 the Secretary to recover funds under part D of the 

2 General Education Provisions Act (20 U.S.C. 1234 

3 et seq.). 

4 ‘‘(k) PER-PUPIL FACILITIES AID PROGRAM.— 

5 ‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID

6 PROGRAM.—In this subsection, the term ‘per-pupil 

7 facilities aid program’ means a program in which a 

8 State makes payments, on a per-pupil basis, to char9 ter schools to provide the schools with financing— 

10 ‘‘(A) that is dedicated solely for funding 

11 charter school facilities; or 

12 ‘‘(B) a portion of which is dedicated for 

13 funding charter school facilities. 

14 ‘‘(2) GRANTS.— 

15 ‘‘(A) IN GENERAL.—From the amount re16 served under section 3102(b)(1) and remaining 

17 after the Secretary makes grants under sub18 section (a), the Secretary shall make grants, on 

19 a competitive basis, to States to pay for the 

20 Federal share of the cost of establishing or en21 hancing, and administering per-pupil facilities 

22 aid programs. 

23 ‘‘(B) PERIOD.—The Secretary shall award 

24 grants under this subsection for periods of not 

25 more than 5 years. 
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1 ‘‘(C) FEDERAL SHARE.—The Federal 

2 share of the cost described in subparagraph (A) 

3 for a per-pupil facilities aid program shall be 

4 not more than— 

5 ‘‘(i) 90 percent of the cost, for the 

6 first fiscal year for which the program re7 ceives assistance under this subsection; 

8 ‘‘(ii) 80 percent in the second such 

9 year; 

10 ‘‘(iii) 60 percent in the third such 

11 year; 

12 ‘‘(iv) 40 percent in the fourth such 

13 year; and 

14 ‘‘(v) 20 percent in the fifth such year. 

15 ‘‘(D) STATE SHARE.—A State receiving a 

16 grant under this subsection may partner with 1 

17 or more organizations to provide up to 50 per18 cent of the State share of the cost of estab19 lishing or enhancing, and administering the per20 pupil facilities aid program. 

21 ‘‘(E) MULTIPLE GRANTS.—A State may 

22 receive more than 1 grant under this sub23 section, so long as the amount of such funds 

24 provided to charter schools increases with each 

25 successive grant. 
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1 ‘‘(3) USE OF FUNDS.— 

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

3 a grant under this subsection shall use the 

4 funds made available through the grant to es5 tablish or enhance, and administer, a per-pupil 

6 facilities aid program for charter schools in the 

7 State of the applicant. 

8 ‘‘(B) EVALUATIONS; TECHNICAL ASSIST9 ANCE; DISSEMINATION.—From the amount 

10 made available to a State through a grant 

11 under this subsection for a fiscal year, the State 

12 may reserve not more than 5 percent to carry 

13 out evaluations, to provide technical assistance, 

14 and to disseminate information. 

15 ‘‘(C) SUPPLEMENT, NOT SUPPLANT.— 

16 Funds made available under this subsection 

17 shall be used to supplement, and not supplant, 

18 State, and local public funds expended to pro19 vide per pupil facilities aid programs, oper20 ations financing programs, or other programs, 

21 for charter schools. 

22 ‘‘(4) REQUIREMENTS.— 

23 ‘‘(A) VOLUNTARY PARTICIPATION.—No 

24 State may be required to participate in a pro25 gram carried out under this subsection. 
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1 ‘‘(B) STATE LAW.— 

2 ‘‘(i) IN GENERAL.—Except as pro3 vided in clause (ii), to be eligible to receive 

4 a grant under this subsection, a State shall 

5 establish or enhance, and administer, a 

6 per-pupil facilities aid program for charter 

7 schools in the State, that— 

8 ‘‘(I) is specified in State law; and 

9 ‘‘(II) provides annual financing, 

10 on a per-pupil basis, for charter 

11 school facilities. 

12 ‘‘(ii) SPECIAL RULE.—Notwith13 standing clause (i), a State that is required 

14 under State law to provide its charter 

15 schools with access to adequate facility 

16 space, but which does not have a per-pupil 

17 facilities aid program for charter schools 

18 specified in State law, may be eligible to 

19 receive a grant under this subsection if the 

20 State agrees to use the funds to develop a 

21 per-pupil facilities aid program consistent 

22 with the requirements of this subsection. 

23 ‘‘(5) APPLICATIONS.—To be eligible to receive a 

24 grant under this subsection, a State shall submit an 

25 application to the Secretary at such time, in such 
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1 manner, and containing such information as the Sec2 retary may require. 

3 ‘‘SEC. 3105. NATIONAL ACTIVITIES. 

4 ‘‘(a) IN GENERAL.—From the amount reserved 

5 under section 3102(b)(2), the Secretary shall— 

6 ‘‘(1) use not less than 50 percent of such funds 

7 to award grants in accordance with subsection (b); 

8 and 

9 ‘‘(2) use the remainder of such funds to— 

10 ‘‘(A) disseminate technical assistance to 

11 State entities in awarding subgrants under sec12 tion 3103, and eligible entities and States re13 ceiving grants under section 3104; 

14 ‘‘(B) disseminate best practices; and 

15 ‘‘(C) evaluate the impact of the charter 

16 school program, including the impact on stu17 dent achievement, carried out under this sub18 part. 

19 ‘‘(b) GRANTS.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall make 

21 grants, on a competitive basis, to eligible applicants 

22 for the purpose of carrying out the activities de23 scribed in section 3102(a)(1), subparagraphs (A) 

24 through (C) of section 3103(a)(1), and section 

25 3103(g). 
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1 ‘‘(2) TERMS AND CONDITIONS.—Except as oth2 erwise provided in this subsection, grants awarded 

3 under this subsection shall have the same terms and 

4 conditions as grants awarded to State entities under 

5 section 3103. 

6 ‘‘(3) ELIGIBLE APPLICANT DEFINED.—For pur7 poses of this subsection, the term ‘eligible applicant’ 

8 means an eligible applicant that desires to open a 

9 charter school in— 

10 ‘‘(A) a State that did not apply for a grant 

11 under section 3103; 

12 ‘‘(B) a State that did not receive a grant 

13 under section 3103; or 

14 ‘‘(C) a State that received a grant under 

15 section 3103 and is in the 4th or 5th year of 

16 the grant period for such grant. 

17 ‘‘(c) CONTRACTS AND GRANTS.—The Secretary may 

18 carry out any of the activities described in this section di19 rectly or through grants, contracts, or cooperative agree20 ments. 

21 ‘‘SEC. 3106. FEDERAL FORMULA ALLOCATION DURING 

22 FIRST YEAR AND FOR SUCCESSIVE ENROLL23 MENT EXPANSIONS. 

24 ‘‘(a) IN GENERAL.—For purposes of the allocation 

25 to schools by the States or their agencies of funds under 
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1 part A of title I, and any other Federal funds which the 

2 Secretary allocates to States on a formula basis, the Sec3 retary and each State educational agency shall take such 

4 measures as are necessary to ensure that every charter 

5 school receives the Federal funding for which the charter 

6 school is eligible not later than 5 months after the charter 

7 school first opens, notwithstanding the fact that the iden8 tity and characteristics of the students enrolling in that 

9 charter school are not fully and completely determined 

10 until that charter school actually opens. The measures 

11 similarly shall ensure that every charter school expanding 

12 its enrollment in any subsequent year of operation receives 

13 the Federal funding for which the charter school is eligible 

14 not later than 5 months after such expansion. 

15 ‘‘(b) ADJUSTMENT AND LATE OPENINGS.— 

16 ‘‘(1) IN GENERAL.—The measures described in 

17 subsection (a) shall include provision for appropriate 

18 adjustments, through recovery of funds or reduction 

19 of payments for the succeeding year, in cases where 

20 payments made to a charter school on the basis of 

21 estimated or projected enrollment data exceed the 

22 amounts that the school is eligible to receive on the 

23 basis of actual or final enrollment data. 

24 ‘‘(2) RULE.—For charter schools that first 

25 open after November 1 of any academic year, the 
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1 State, in accordance with guidance provided by the 

2 Secretary and applicable Federal statutes and regu3 lations, shall ensure that such charter schools that 

4 are eligible for the funds described in subsection (a) 

5 for such academic year have a full and fair oppor6 tunity to receive those funds during the charter 

7 schools’ first year of operation. 

8 ‘‘SEC. 3107. SOLICITATION OF INPUT FROM CHARTER 

9 SCHOOL OPERATORS. 

10 ‘‘To the extent practicable, the Secretary shall ensure 

11 that administrators, teachers, and other individuals di12 rectly involved in the operation of charter schools are con13 sulted in the development of any rules, regulations, or non14 regulatory guidance required to implement this subpart, 

15 as well as in the development of any rules, regulations, 

16 or nonregulatory guidance relevant to charter schools that 

17 are required to implement part A of title I, the Individuals 

18 with Disabilities Education Act, or any other program ad19 ministered by the Secretary that provides education funds 

20 to charter schools or regulates the activities of charter 

21 schools. 

22 ‘‘SEC. 3108. RECORDS TRANSFER. 

23 ‘‘State educational agencies and local educational 

24 agencies, as quickly as possible and to the extent prac25 ticable, shall ensure that a student’s records and, if appli-
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1 cable, a student’s individualized education program as de2 fined in section 602(14) of the Individuals with Disabil3 ities Education Act, are transferred to a charter school 

4 upon the transfer of the student to the charter school, and 

5 to another public school upon the transfer of the student 

6 from a charter school to another public school, in accord7 ance with applicable State law. 

8 ‘‘SEC. 3109. PAPERWORK REDUCTION. 

9 ‘‘To the extent practicable, the Secretary and each 

10 authorized public chartering agency shall ensure that im11 plementation of this subpart results in a minimum of pa12 perwork for any eligible applicant or charter school. 

13 ‘‘SEC. 3110. DEFINITIONS. 

14 ‘‘In this subpart: 

15 ‘‘(1) AUTHORIZED PUBLIC CHARTERING AGEN16 CY.—The term ‘authorized public chartering agency’ 

17 means a State educational agency, local educational 

18 agency, or other public entity that has the authority 

19 pursuant to State law and approved by the Sec20 retary to authorize or approve a charter school. 

21 ‘‘(2) CHARTER SUPPORT ORGANIZATION.—The 

22 term ‘charter support organization’ means a non23 profit, nongovernmental entity that provides, on a 

24 statewide or regional basis— 
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1 ‘‘(A) assistance to developers during the 

2 planning, program design, and initial implemen3 tation of a charter school; and 

4 ‘‘(B) technical assistance to operate char5 ter schools. 

6 ‘‘(3) DEVELOPER.—The term ‘developer’ means 

7 an individual or group of individuals (including a 

8 public or private nonprofit organization), which may 

9 include teachers, administrators and other school 

10 staff, parents, or other members of the local commu11 nity in which a charter school project will be carried 

12 out. 

13 ‘‘(4) ELIGIBLE APPLICANT.—The term ‘eligible 

14 applicant’ means a developer that has— 

15 ‘‘(A) applied to an authorized public char16 tering authority to operate a charter school; 

17 and 

18 ‘‘(B) provided adequate and timely notice 

19 to that authority. 

20 ‘‘(5) EXPANSION OF A HIGH-QUALITY CHARTER

21 SCHOOL.—The term ‘expansion of a high-quality 

22 charter school’ means to significantly increase the 

23 enrollment of, or add one or more grades to, a high24 quality charter school. 
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1 ‘‘(6) HIGH-QUALITY CHARTER SCHOOL.—The 

2 term ‘high-quality charter school’ means a charter 

3 school that— 

4 ‘‘(A) shows evidence of strong academic re5 sults, which may include strong academic 

6 growth as determined by a State; 

7 ‘‘(B) has no significant issues in the areas 

8 of student safety, financial management, or 

9 statutory or regulatory compliance; 

10 ‘‘(C) has demonstrated success in signifi11 cantly increasing student academic achievement 

12 and attainment for all students served by the 

13 charter school; and 

14 ‘‘(D) has demonstrated success in increas15 ing student academic achievement for the 

16 groups of students described in section 

17 1111(b)(3)(B)(ii)(II), except that such dem18 onstration is not required in a case in which the 

19 number of students in a group is insufficient to 

20 yield statistically reliable information or the re21 sults would reveal personally identifiable infor22 mation about an individual student. 

23 ‘‘(7) REPLICABLE, HIGH-QUALITY CHARTER

24 SCHOOL MODEL.—The term ‘replicable, high-quality 

25 charter school model’ means a high-quality charter 
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1 school that has the capability of opening another 

2 such charter school under an existing charter. 

3 ‘‘Subpart 2—Magnet School Assistance 

4 ‘‘SEC. 3121. PURPOSE. 

5 ‘‘The purpose of this subpart is to assist in the deseg6 regation of schools served by local educational agencies by 

7 providing financial assistance to eligible local educational 

8 agencies for— 

9 ‘‘(1) the elimination, reduction, or prevention of 

10 minority group isolation in elementary schools and 

11 secondary schools with substantial proportions of mi12 nority students, which shall include assisting in the 

13 efforts of the United States to achieve voluntary de14 segregation in public schools; 

15 ‘‘(2) the development and implementation of 

16 magnet school programs that will assist local edu17 cational agencies in achieving systemic reforms and 

18 providing all students the opportunity to meet State 

19 academic standards; 

20 ‘‘(3) the development and design of innovative 

21 educational methods and practices that promote di22 versity and increase choices in public elementary 

23 schools and public secondary schools and public edu24 cational programs; 
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1 ‘‘(4) courses of instruction within magnet 

2 schools that will substantially strengthen the knowl3 edge of academic subjects and the attainment of tan4 gible and marketable career, technical, and profes5 sional skills of students attending such schools; 

6 ‘‘(5) improving the ability of local educational 

7 agencies, including through professional develop8 ment, to continue operating magnet schools at a 

9 high performance level after Federal funding for the 

10 magnet schools is terminated; and 

11 ‘‘(6) ensuring that students enrolled in the 

12 magnet school programs have equitable access to a 

13 quality education that will enable the students to 

14 succeed academically and continue with postsec15 ondary education or employment. 

16 ‘‘SEC. 3122. DEFINITION. 

17 ‘‘For the purpose of this subpart, the term ‘magnet 

18 school’ means a public elementary school, public secondary 

19 school, public elementary education center, or public sec20 ondary education center that offers a special curriculum 

21 capable of attracting substantial numbers of students of 

22 different racial backgrounds. 

23 ‘‘SEC. 3123. PROGRAM AUTHORIZED. 

24 ‘‘From the amount appropriated under section 

25 3(c)(1)(B), the Secretary, in accordance with this subpart, 
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1 is authorized to award grants to eligible local educational 

2 agencies, and consortia of such agencies where appro3 priate, to carry out the purpose of this subpart for magnet 

4 schools that are— 

5 ‘‘(1) part of an approved desegregation plan; 

6 and 

7 ‘‘(2) designed to bring students from different 

8 social, economic, ethnic, and racial backgrounds to9 gether. 

10 ‘‘SEC. 3124. ELIGIBILITY. 

11 ‘‘A local educational agency, or consortium of such 

12 agencies where appropriate, is eligible to receive a grant 

13 under this subpart to carry out the purpose of this subpart 

14 if such agency or consortium— 

15 ‘‘(1) is implementing a plan undertaken pursu16 ant to a final order issued by a court of the United 

17 States, or a court of any State, or any other State 

18 agency or official of competent jurisdiction, that re19 quires the desegregation of minority-group-seg20 regated children or faculty in the elementary schools 

21 and secondary schools of such agency; or 

22 ‘‘(2) without having been required to do so, has 

23 adopted and is implementing, or will, if a grant is 

24 awarded to such local educational agency, or consor25 tium of such agencies, under this subpart, adopt and 
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1 implement a plan that has been approved by the 

2 Secretary as adequate under title VI of the Civil 

3 Rights Act of 1964 for the desegregation of minor4 ity-group-segregated children or faculty in such 

5 schools. 

6 ‘‘SEC. 3125. APPLICATIONS AND REQUIREMENTS. 

7 ‘‘(a) APPLICATIONS.—An eligible local educational 

8 agency, or consortium of such agencies, desiring to receive 

9 a grant under this subpart shall submit an application to 

10 the Secretary at such time and in such manner as the 

11 Secretary may reasonably require. 

12 ‘‘(b) INFORMATION AND ASSURANCES.—Each appli13 cation submitted under subsection (a) shall include— 

14 ‘‘(1) a description of— 

15 ‘‘(A) how a grant awarded under this sub16 part will be used to promote desegregation, in17 cluding how the proposed magnet school pro18 grams will increase interaction among students 

19 of different social, economic, ethnic, and racial 

20 backgrounds; 

21 ‘‘(B) the manner and extent to which the 

22 magnet school program will increase student 

23 academic achievement in the instructional area 

24 or areas offered by the school; 
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1 ‘‘(C) how the applicant will continue the 

2 magnet school program after assistance under 

3 this subpart is no longer available, and, if appli4 cable, an explanation of why magnet schools es5 tablished or supported by the applicant with 

6 grant funds under this subpart cannot be con7 tinued without the use of grant funds under 

8 this subpart; 

9 ‘‘(D) how grant funds under this subpart 

10 will be used— 

11 ‘‘(i) to improve student academic 

12 achievement for all students attending the 

13 magnet school programs; and 

14 ‘‘(ii) to implement services and activi15 ties that are consistent with other pro16 grams under this Act, and other Acts, as 

17 appropriate; and 

18 ‘‘(E) the criteria to be used in selecting 

19 students to attend the proposed magnet school 

20 program; and 

21 ‘‘(2) assurances that the applicant will— 

22 ‘‘(A) use grant funds under this subpart 

23 for the purposes specified in section 3121; 
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1 ‘‘(B) employ effective teachers in the 

2 courses of instruction assisted under this sub3 part; 

4 ‘‘(C) not engage in discrimination based on 

5 race, religion, color, national origin, sex, or dis6 ability in— 

7 ‘‘(i) the hiring, promotion, or assign8 ment of employees of the applicant or 

9 other personnel for whom the applicant has 

10 any administrative responsibility; 

11 ‘‘(ii) the assignment of students to 

12 schools, or to courses of instruction within 

13 the schools, of such applicant, except to 

14 carry out the approved plan; and 

15 ‘‘(iii) designing or operating extra16 curricular activities for students; 

17 ‘‘(D) carry out a quality education pro18 gram that will encourage greater parental deci19 sionmaking and involvement; and 

20 ‘‘(E) give students residing in the local at21 tendance area of the proposed magnet school 

22 program equitable consideration for placement 

23 in the program, consistent with desegregation 

24 guidelines and the capacity of the applicant to 

25 accommodate the students. 
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1 ‘‘(c) SPECIAL RULE.—No grant shall be awarded 

2 under this subpart unless the Assistant Secretary of Edu3 cation for Civil Rights determines that the assurances de4 scribed in subsection (b)(2)(C) will be met. 

5 ‘‘SEC. 3126. PRIORITY. 

6 ‘‘In awarding grants under this subpart, the Sec7 retary shall give priority to applicants that— 

8 ‘‘(1) demonstrate the greatest need for assist9 ance, based on the expense or difficulty of effectively 

10 carrying out approved desegregation plans and the 

11 magnet school program for which the grant is 

12 sought; 

13 ‘‘(2) propose to carry out new magnet school 

14 programs, or significantly revise existing magnet 

15 school programs; 

16 ‘‘(3) propose to select students to attend mag17 net school programs by methods such as lottery, 

18 rather than through academic examination; and 

19 ‘‘(4) propose to serve the entire student popu20 lation of a school. 

21 ‘‘SEC. 3127. USE OF FUNDS. 

22 ‘‘(a) IN GENERAL.—Grant funds made available 

23 under this subpart may be used by an eligible local edu24 cational agency, or consortium of such agencies— 
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1 ‘‘(1) for planning and promotional activities di2 rectly related to the development, expansion, con3 tinuation, or enhancement of academic programs 

4 and services offered at magnet schools; 

5 ‘‘(2) for the acquisition of books, materials, and 

6 equipment, including computers and the mainte7 nance and operation of materials, equipment, and 

8 computers, necessary to conduct programs in mag9 net schools; 

10 ‘‘(3) for the compensation, or subsidization of 

11 the compensation, of elementary school and sec12 ondary school teachers, and instructional staff where 

13 applicable, who are necessary to conduct programs 

14 in magnet schools; 

15 ‘‘(4) with respect to a magnet school program 

16 offered to less than the entire student population of 

17 a school, for instructional activities that— 

18 ‘‘(A) are designed to make available the 

19 special curriculum that is offered by the magnet 

20 school program to students who are enrolled in 

21 the school but who are not enrolled in the mag22 net school program; and 

23 ‘‘(B) further the purpose of this subpart; 

24 ‘‘(5) for activities, which may include profes25 sional development, that will build the recipient’s ca-
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1 pacity to operate magnet school programs once the 

2 grant period has ended; 

3 ‘‘(6) to enable the local educational agency, or 

4 consortium of such agencies, to have more flexibility 

5 in the administration of a magnet school program in 

6 order to serve students attending a school who are 

7 not enrolled in a magnet school program; and 

8 ‘‘(7) to enable the local educational agency, or 

9 consortium of such agencies, to have flexibility in de10 signing magnet schools for students in all grades. 

11 ‘‘(b) SPECIAL RULE.—Grant funds under this sub12 part may be used for activities described in paragraphs 

13 (2) and (3) of subsection (a) only if the activities are di14 rectly related to improving student academic achievement 

15 based on the State’s academic standards or directly re16 lated to improving student reading skills or knowledge of 

17 mathematics, science, history, geography, English, foreign 

18 languages, art, or music, or to improving career, technical, 

19 and professional skills. 

20 ‘‘SEC. 3128. LIMITATIONS. 

21 ‘‘(a) DURATION OF AWARDS.—A grant under this 

22 subpart shall be awarded for a period that shall not exceed 

23 3 fiscal years. 

24 ‘‘(b) LIMITATION ON PLANNING FUNDS.—A local 

25 educational agency, or consortium of such agencies, may 
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1 expend for planning (professional development shall not 

2 be considered to be planning for purposes of this sub3 section) not more than 50 percent of the grant funds re4 ceived under this subpart for the first year of the program 

5 and not more than 15 percent of such funds for each of 

6 the second and third such years. 

7 ‘‘(c) AMOUNT.—No local educational agency, or con8 sortium of such agencies, awarded a grant under this sub9 part shall receive more than $4,000,000 under this sub10 part for any 1 fiscal year. 

11 ‘‘(d) TIMING.—To the extent practicable, the Sec12 retary shall award grants for any fiscal year under this 

13 subpart not later than July 1 of the applicable fiscal year. 

14 ‘‘SEC. 3129. EVALUATIONS. 

15 ‘‘(a) RESERVATION.—The Secretary may reserve not 

16 more than 2 percent of the funds appropriated under sec17 tion 3(c)(1)(B) for any fiscal year to carry out evaluations, 

18 provide technical assistance, and carry out dissemination 

19 projects with respect to magnet school programs assisted 

20 under this subpart. 

21 ‘‘(b) CONTENTS.—Each evaluation described in sub22 section (a), at a minimum, shall address— 

23 ‘‘(1) how and the extent to which magnet school 

24 programs lead to educational quality and academic 

25 improvement; 
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1 ‘‘(2) the extent to which magnet school pro2 grams enhance student access to a quality education; 

3 ‘‘(3) the extent to which magnet school pro4 grams lead to the elimination, reduction, or preven5 tion of minority group isolation in elementary 

6 schools and secondary schools with substantial pro7 portions of minority students; and 

8 ‘‘(4) the extent to which magnet school pro9 grams differ from other school programs in terms of 

10 the organizational characteristics and resource allo11 cations of such magnet school programs. 

12 ‘‘(c) DISSEMINATION.—The Secretary shall collect 

13 and disseminate to the general public information on suc14 cessful magnet school programs. 

15 ‘‘SEC. 3130. RESERVATION. 

16 ‘‘In any fiscal year for which the amount appro17 priated under section 3(c)(1)(B) exceeds $75,000,000, the 

18 Secretary shall give priority in using such amounts in ex19 cess of $75,000,000 to awarding grants to local edu20 cational agencies or consortia of such agencies that did 

21 not receive a grant under this subpart in the preceding 

22 fiscal year. 
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1 ‘‘Subpart 3—Family Engagement in Education 

2 Programs 

3 ‘‘SEC. 3141. PURPOSES. 

4 ‘‘The purposes of this subpart are the following: 

5 ‘‘(1) To provide financial support to organiza6 tions to provide technical assistance and training to 

7 State and local educational agencies in the imple8 mentation and enhancement of systemic and effec9 tive family engagement policies, programs, and ac10 tivities that lead to improvements in student devel11 opment and academic achievement. 

12 ‘‘(2) To assist State educational agencies, local 

13 educational agencies, community-based organiza14 tions, schools, and educators in strengthening part15 nerships among parents, teachers, school leaders, ad16 ministrators, and other school personnel in meeting 

17 the educational needs of children and fostering 

18 greater parental engagement. 

19 ‘‘(3) To support State educational agencies, 

20 local educational agencies, schools, educators, and 

21 parents in developing and strengthening the relation22 ship between parents and their children’s school in 

23 order to further the developmental progress of chil24 dren. 
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1 ‘‘(4) To coordinate activities funded under this 

2 subpart with parent involvement initiatives funded 

3 under section 1118 and other provisions of this Act. 

4 ‘‘(5) To assist the Secretary, State educational 

5 agencies, and local educational agencies in the co6 ordination and integration of Federal, State, and 

7 local services and programs to engage families in 

8 education. 

9 ‘‘SEC. 3142. GRANTS AUTHORIZED. 

10 ‘‘(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.— 

11 From the amount appropriated under section 3(c)(1)(C), 

12 the Secretary is authorized to award grants for each fiscal 

13 year to statewide organizations (or consortia of such orga14 nizations), to establish Statewide Family Engagement 

15 Centers that provide comprehensive training and technical 

16 assistance to State educational agencies, local educational 

17 agencies, schools identified by State educational agencies 

18 and local educational agencies, organizations that support 

19 family-school partnerships, and other organizations that 

20 carry out, or carry out directly, parent education and fam21 ily engagement in education programs. 

22 ‘‘(b) MINIMUM AWARD.—In awarding grants under 

23 this section, the Secretary shall, to the extent practicable, 

24 ensure that a grant is awarded for a Statewide Family 

25 Engagement Center in an amount not less than $500,000. 
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1 ‘‘SEC. 3143. APPLICATIONS. 

2 ‘‘(a) SUBMISSIONS.—Each statewide organization, or 

3 a consortium of such organizations, that desires a grant 

4 under this subpart shall submit an application to the Sec5 retary at such time, in such manner, and including the 

6 information described in subsection (b). 

7 ‘‘(b) CONTENTS.—Each application submitted under 

8 subsection (a) shall include, at a minimum, the following: 

9 ‘‘(1) A description of the applicant’s approach 

10 to family engagement in education. 

11 ‘‘(2) A description of the support that the 

12 Statewide Family Engagement Center that will be 

13 operated by the applicant will have from the State 

14 educational agency and any partner organization 

15 outlining the commitment to work with the center. 

16 ‘‘(3) A description of the applicant’s plan for 

17 building a statewide infrastructure for family en18 gagement in education, that includes— 

19 ‘‘(A) management and governance; 

20 ‘‘(B) statewide leadership; or 

21 ‘‘(C) systemic services for family engage22 ment in education. 

23 ‘‘(4) A description of the applicant’s dem24 onstrated experience in providing training, informa25 tion, and support to State educational agencies, local 

26 educational agencies, schools, educators, parents, 
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1 and organizations on family engagement in edu2 cation policies and practices that are effective for 

3 parents (including low-income parents) and families, 

4 English learners, minorities, parents of students 

5 with disabilities, parents of homeless students, foster 

6 parents and students, and parents of migratory stu7 dents, including evaluation results, reporting, or 

8 other data exhibiting such demonstrated experience. 

9 ‘‘(5) A description of the steps the applicant 

10 will take to target services to low-income students 

11 and parents. 

12 ‘‘(6) An assurance that the applicant will— 

13 ‘‘(A) establish a special advisory com14 mittee, the membership of which includes— 

15 ‘‘(i) parents, who shall constitute a 

16 majority of the members of the special ad17 visory committee; 

18 ‘‘(ii) representatives of education pro19 fessionals with expertise in improving serv20 ices for disadvantaged children; 

21 ‘‘(iii) representatives of local elemen22 tary schools and secondary schools, includ23 ing students; 

24 ‘‘(iv) representatives of the business 

25 community; and 
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1 ‘‘(v) representatives of State edu2 cational agencies and local educational 

3 agencies; 

4 ‘‘(B) use not less than 65 percent of the 

5 funds received under this subpart in each fiscal 

6 year to serve local educational agencies, schools, 

7 and community-based organizations that serve 

8 high concentrations of disadvantaged students, 

9 including English learners, minorities, parents 

10 of students with disabilities, parents of home11 less students, foster parents and students, and 

12 parents of migratory students; 

13 ‘‘(C) operate a Statewide Family Engage14 ment Center of sufficient size, scope, and qual15 ity to ensure that the Center is adequate to 

16 serve the State educational agency, local edu17 cational agencies, and community-based organi18 zations; 

19 ‘‘(D) ensure that the Center will retain 

20 staff with the requisite training and experience 

21 to serve parents in the State; 

22 ‘‘(E) serve urban, suburban, and rural 

23 local educational agencies and schools; 

24 ‘‘(F) work with— 
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1 ‘‘(i) other Statewide Family Engage2 ment Centers assisted under this subpart; 

3 and 

4 ‘‘(ii) parent training and information 

5 centers and community parent resource 

6 centers assisted under sections 671 and 

7 672 of the Individuals with Disabilities 

8 Education Act; 

9 ‘‘(G) use not less than 30 percent of the 

10 funds received under this subpart for each fiscal 

11 year to establish or expand technical assistance 

12 for evidence-based parent education programs; 

13 ‘‘(H) provide assistance to State edu14 cational agencies and local educational agencies 

15 and community-based organizations that sup16 port family members in supporting student aca17 demic achievement; 

18 ‘‘(I) work with State educational agencies, 

19 local educational agencies, schools, educators, 

20 and parents to determine parental needs and 

21 the best means for delivery of services to ad22 dress such needs; 

23 ‘‘(J) conduct sufficient outreach to assist 

24 parents, including parents who the applicant 
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1 may have a difficult time engaging with a 

2 school or local educational agency; and 

3 ‘‘(K) conduct outreach to low-income stu4 dents and parents, including low-income stu5 dents and parents who are not proficient in 

6 English. 

7 ‘‘SEC. 3144. USES OF FUNDS. 

8 ‘‘(a) IN GENERAL.—Grantees shall use grant funds 

9 received under this subpart, based on the needs deter10 mined under section 3143(b)(5)(I), to provide training 

11 and technical assistance to State educational agencies, 

12 local educational agencies, and organizations that support 

13 family-school partnerships, and activities, services, and 

14 training for local educational agencies, school leaders, edu15 cators, and parents— 

16 ‘‘(1) to assist parents in participating effectively 

17 in their children’s education and to help their chil18 dren meet State standards, such as assisting par19 ents— 

20 ‘‘(A) to engage in activities that will im21 prove student academic achievement, including 

22 understanding how they can support learning in 

23 the classroom with activities at home and in 

24 afterschool and extracurricular programs; 
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1 ‘‘(B) to communicate effectively with their 

2 children, teachers, school leaders, counselors, 

3 administrators, and other school personnel; 

4 ‘‘(C) to become active participants in the 

5 development, implementation, and review of 

6 school-parent compacts, family engagement in 

7 education policies, and school planning and im8 provement; 

9 ‘‘(D) to participate in the design and pro10 vision of assistance to students who are not 

11 making academic progress; 

12 ‘‘(E) to participate in State and local deci13 sionmaking; 

14 ‘‘(F) to train other parents; and 

15 ‘‘(G) to help the parents learn and use 

16 technology applied in their children’s education; 

17 ‘‘(2) to develop and implement, in partnership 

18 with the State educational agency, statewide family 

19 engagement in education policy and systemic initia20 tives that will provide for a continuum of services to 

21 remove barriers for family engagement in education 

22 and support school reform efforts; and 

23 ‘‘(3) to develop and implement parental involve24 ment policies under this Act. 
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1 ‘‘(b) MATCHING FUNDS FOR GRANT RENEWAL.— 

2 For each fiscal year after the first fiscal year for which 

3 an organization or consortium receives assistance under 

4 this section, the organization or consortium shall dem5 onstrate in the application that a portion of the services 

6 provided by the organization or consortium is supported 

7 through non-Federal contributions, which may be in cash 

8 or in-kind. 

9 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 

10 reserve not more than 2 percent of the funds appropriated 

11 under section 3(c)(1)(C) to carry out this subpart to pro12 vide technical assistance, by competitive grant or contract, 

13 for the establishment, development, and coordination of 

14 Statewide Family Engagement Centers. 

15 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed to prohibit a Statewide Family En17 gagement Center from— 

18 ‘‘(1) having its employees or agents meet with 

19 a parent at a site that is not on school grounds; or 

20 ‘‘(2) working with another agency that serves 

21 children. 

22 ‘‘(e) PARENTAL RIGHTS.—Notwithstanding any 

23 other provision of this section— 

24 ‘‘(1) no person (including a parent who edu25 cates a child at home, a public school parent, or a 
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1 private school parent) shall be required to partici2 pate in any program of parent education or develop3 mental screening under this section; and 

4 ‘‘(2) no program or center assisted under this 

5 section shall take any action that infringes in any 

6 manner on the right of a parent to direct the edu7 cation of their children. 

8 ‘‘SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 

9 ‘‘The Secretary of the Interior, in consultation with 

10 the Secretary of Education, shall establish, or enter into 

11 contracts and cooperative agreements with local Indian 

12 nonprofit parent organizations to establish and operate 

13 Family Engagement Centers. 

14 ‘‘PART B—LOCAL ACADEMIC FLEXIBLE GRANT 

15 ‘‘SEC. 3201. PURPOSE. 

16 ‘‘The purpose of this part is to— 

17 ‘‘(1) provide local educational agencies with the 

18 opportunity to access funds to support the initiatives 

19 important to their schools and students to improve 

20 academic achievement, including protecting student 

21 safety; and 

22 ‘‘(2) provide nonprofit and for-profit entities 

23 the opportunity to work with students to improve 

24 academic achievement, including student safety. 
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1 ‘‘SEC. 3202. ALLOTMENTS TO STATES. 

2 ‘‘(a) RESERVATIONS.—From the funds appropriated 

3 under section 3(c)(2) for any fiscal year, the Secretary 

4 shall reserve— 

5 ‘‘(1) not more than one-half of 1 percent for 

6 national activities to provide technical assistance to 

7 eligible entities in carrying out programs under this 

8 part; and 

9 ‘‘(2) not more than one-half of 1 percent for 

10 payments to the outlying areas and the Bureau of 

11 Indian Education, to be allotted in accordance with 

12 their respective needs for assistance under this part, 

13 as determined by the Secretary, to enable the out14 lying areas and the Bureau to carry out the purpose 

15 of this part. 

16 ‘‘(b) STATE ALLOTMENTS.— 

17 ‘‘(1) DETERMINATION.—From the funds appro18 priated under section 3(c)(2) for any fiscal year and 

19 remaining after the Secretary makes reservations 

20 under subsection (a), the Secretary shall allot to 

21 each State for the fiscal year an amount that bears 

22 the same relationship to the remainder as the 

23 amount the State received under chapter B of sub24 part 1 of part A of title I for the preceding fiscal 

25 year bears to the amount all States received under 

26 that chapter for the preceding fiscal year, except 
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1 that no State shall receive less than an amount 

2 equal to one-half of 1 percent of the total amount 

3 made available to all States under this subsection. 

4 ‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a 

5 State does not receive an allotment under this part 

6 for a fiscal year, the Secretary shall reallot the 

7 amount of the State’s allotment to the remaining 

8 States in accordance with this section. 

9 ‘‘(c) STATE USE OF FUNDS.— 

10 ‘‘(1) IN GENERAL.—Each State that receives an 

11 allotment under this part shall reserve not less than 

12 75 percent of the amount allotted to the State under 

13 subsection (b) for each fiscal year for awards to eli14 gible entities under section 3204. 

15 ‘‘(2) AWARDS TO NONGOVERNMENTAL ENTI16 TIES TO IMPROVE STUDENT ACADEMIC ACHIEVE17 MENT.—Each State that receives an allotment under 

18 subsection (b) for each fiscal year shall reserve not 

19 less than 10 percent of the amount allotted to the 

20 State for awards to nongovernmental entities under 

21 section 3205. 

22 ‘‘(3) STATE ACTIVITIES AND STATE ADMINIS23 TRATION.—A State educational agency may reserve 

24 not more than 15 percent of the amount allotted to 
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1 the State under subsection (b) for each fiscal year 

2 for the following: 

3 ‘‘(A) Enabling the State educational agen4 cy— 

5 ‘‘(i) to pay the costs of developing the 

6 State assessments and standards required 

7 under section 1111(b), which may include 

8 the costs of working, at the sole discretion 

9 of the State, in voluntary partnerships 

10 with other States to develop such assess11 ments and standards; or 

12 ‘‘(ii) if the State has developed the as13 sessments and standards required under 

14 section 1111(b), to administer those as15 sessments or carry out other activities re16 lated to ensuring that the State’s schools 

17 and local educational agencies are helping 

18 students meet the State’s academic stand19 ards under such section. 

20 ‘‘(B) The administrative costs of carrying 

21 out its responsibilities under this part, except 

22 that not more than 5 percent of the reserved 

23 amount may be used for this purpose. 

24 ‘‘(C) Monitoring and evaluation of pro25 grams and activities assisted under this part. 
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1 ‘‘(D) Providing training and technical as2 sistance under this part. 

3 ‘‘(E) Statewide academic focused pro4 grams. 

5 ‘‘(F) Sharing evidence-based and other ef6 fective strategies with eligible entities. 

7 ‘‘SEC. 3203. STATE APPLICATION. 

8 ‘‘(a) IN GENERAL.—In order to receive an allotment 

9 under section 3202 for any fiscal year, a State shall sub10 mit to the Secretary, at such time as the Secretary may 

11 require, an application that— 

12 ‘‘(1) designates the State educational agency as 

13 the agency responsible for the administration and 

14 supervision of programs assisted under this part; 

15 ‘‘(2) describes how the State educational agency 

16 will use funds reserved for State-level activities, in17 cluding how, if any, of the funds will be used to sup18 port student safety; 

19 ‘‘(3) describes the procedures and criteria the 

20 State educational agency will use for reviewing appli21 cations and awarding funds to eligible entities on a 

22 competitive basis, which shall include reviewing how 

23 the proposed project will help increase student aca24 demic achievement; 
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1 ‘‘(4) describes how the State educational agency 

2 will ensure that awards made under this part are— 

3 ‘‘(A) of sufficient size and scope to support 

4 high-quality, effective programs that are con5 sistent with the purpose of this part; and 

6 ‘‘(B) in amounts that are consistent with 

7 section 3204(f); 

8 ‘‘(5) describes the steps the State educational 

9 agency will take to ensure that programs implement 

10 effective strategies, including providing ongoing 

11 technical assistance and training, and dissemination 

12 of evidence-based and other effective strategies; 

13 ‘‘(6) describes how the State educational agency 

14 will consider students across all grades when making 

15 these awards; 

16 ‘‘(7) an assurance that, other than providing 

17 technical and advisory assistance and monitoring 

18 compliance with this part, the State educational 

19 agency has not exercised and will not exercise any 

20 influence in the decision-making process of eligible 

21 entities as to the expenditure of funds received by 

22 the eligible entities under this part; 

23 ‘‘(8) describes how programs under this part 

24 will be coordinated with programs under this Act, 

25 and other programs as appropriate; 
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1 ‘‘(9) contains an assurance that the State edu2 cational agency— 

3 ‘‘(A) will make awards for programs for a 

4 period of not more than 5 years; and 

5 ‘‘(B) will require each eligible entity seek6 ing such an award to submit a plan describing 

7 how the project to be funded through the award 

8 will continue after funding under this part 

9 ends, if applicable; 

10 ‘‘(10) contains an assurance that funds appro11 priated to carry out this part will be used to supple12 ment, and not supplant, State and local public funds 

13 expended to provide programs and activities author14 ized under this part and other similar programs; and 

15 ‘‘(11) an assurance that the State will support 

16 projects from each of the categories listed in section 

17 3204(b)(1)(D) in awarding subgrants to local edu18 cational agencies. 

19 ‘‘(b) DEEMED APPROVAL.—An application submitted 

20 by a State educational agency pursuant to subsection (a) 

21 shall be deemed to be approved by the Secretary unless 

22 the Secretary makes a written determination, prior to the 

23 expiration of the 120-day period beginning on the date on 

24 which the Secretary received the application, that the ap25 plication is not in compliance with this part. 
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1 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally 

2 disapprove the application, except after giving the State 

3 educational agency notice and an opportunity for a hear4 ing. 

5 ‘‘(d) NOTIFICATION.—If the Secretary finds that the 

6 application is not in compliance, in whole or in part, with 

7 this part, the Secretary shall— 

8 ‘‘(1) give the State educational agency notice 

9 and an opportunity for a hearing; and 

10 ‘‘(2) notify the State educational agency of the 

11 finding of noncompliance, and, in such notification, 

12 shall— 

13 ‘‘(A) cite the specific provisions in the ap14 plication that are not in compliance; and 

15 ‘‘(B) request additional information, only 

16 as to the noncompliant provisions, needed to 

17 make the application compliant. 

18 ‘‘(e) RESPONSE.—If the State educational agency re19 sponds to the Secretary’s notification described in sub20 section (d)(2) during the 45-day period beginning on the 

21 date on which the agency received the notification, and 

22 resubmits the application with the requested information 

23 described in subsection (d)(2)(B), the Secretary shall ap24 prove or disapprove such application prior to the later of— 
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1 ‘‘(1) the expiration of the 45-day period begin2 ning on the date on which the application is resub3 mitted; or 

4 ‘‘(2) the expiration of the 120-day period de5 scribed in subsection (b). 

6 ‘‘(f) FAILURE TO RESPOND.—If the State edu7 cational agency does not respond to the Secretary’s notifi8 cation described in subsection (d)(2) during the 45-day pe9 riod beginning on the date on which the agency received 

10 the notification, such application shall be deemed to be 

11 disapproved. 

12 ‘‘(g) RULE OF CONSTRUCTION.—An application sub13 mitted by a State educational agency pursuant to sub14 section (a) shall not be approved or disapproved based 

15 upon the activities for which the agency may make funds 

16 available to eligible entities under section 3204 if the agen17 cy’s use of funds is consistent with section 3204(b). 

18 ‘‘SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM. 

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

20 under this part for a fiscal year shall provide the amount 

21 made available under section 3202(c)(1) to eligible entities 

22 in accordance with this section. 

23 ‘‘(b) USE OF FUNDS.— 
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1 ‘‘(1) IN GENERAL.—An eligible entity that re2 ceives an award under this part shall use the funds 

3 for activities that— 

4 ‘‘(A) are evidence-based; 

5 ‘‘(B) will improve student academic 

6 achievement; 

7 ‘‘(C) are allowable under State law; and 

8 ‘‘(D) focus on one or more projects from 

9 the following two categories: 

10 ‘‘(i) Supplemental student support ac11 tivities such as before, after, or summer 

12 school activities, tutoring, and expanded 

13 learning time, but not including athletics 

14 or in-school learning activities. 

15 ‘‘(ii) Activities designed to support 

16 students, such as academic subject specific 

17 programs (including computer science and 

18 other science, technology, engineering, and 

19 mathematics programs), including civic 

20 education, adjunct teacher programs, ex21 tended learning time programs, dual en22 rollment programs, and parent engage23 ment, but not including activities to— 

24 ‘‘(I) support smaller class sizes 

25 or construction; or 
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1 ‘‘(II) provide compensation or 

2 benefits to teachers, school leaders, 

3 other school officials, or local edu4 cational agency staff. 

5 ‘‘(2) PARTICIPATION OF CHILDREN ENROLLED

6 IN PRIVATE SCHOOLS.—An eligible entity that re7 ceives an award under this part shall ensure compli8 ance with section 5501 (relating to participation of 

9 children enrolled in private schools). 

10 ‘‘(c) APPLICATION.— 

11 ‘‘(1) IN GENERAL.—To be eligible to receive an 

12 award under this part, an eligible entity shall submit 

13 an application to the State educational agency at 

14 such time, in such manner, and including such infor15 mation as the State educational agency may reason16 ably require, including the contents required by 

17 paragraph (2). 

18 ‘‘(2) CONTENTS.—Each application submitted 

19 under paragraph (1) shall include— 

20 ‘‘(A) a description of the activities to be 

21 funded and how they are consistent with sub22 section (b), including any activities that will in23 crease student safety; 

24 ‘‘(B) an assurance that funds under this 

25 part will be used to increase the level of State, 
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1 local, and other non-Federal funds that would, 

2 in the absence of funds under this part, be 

3 made available for programs and activities au4 thorized under this part, and in no case sup5 plant State, local, or non-Federal funds; 

6 ‘‘(C) an assurance that the community will 

7 be given notice of an intent to submit an appli8 cation with an opportunity for comment, and 

9 that the application will be available for public 

10 review after submission of the application; and 

11 ‘‘(D) an assurance that students who ben12 efit from any activity funded under this part 

13 shall continue to maintain enrollment in a pub14 lic elementary or secondary school. 

15 ‘‘(d) REVIEW.—In reviewing local applications under 

16 this section, a State educational agency shall use a peer 

17 review process or other methods of assuring the quality 

18 of such applications but the review shall be limited to the 

19 likelihood that the project will increase student academic 

20 achievement. 

21 ‘‘(e) GEOGRAPHIC DIVERSITY.—A State educational 

22 agency shall distribute funds under this part equitably 

23 among geographic areas within the State, including rural, 

24 suburban, and urban communities. 
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1 ‘‘(f) AWARD.—A grant shall be awarded to all eligible 

2 entities that submit an application that meets the require3 ments of this section in an amount that is not less than 

4 $10,000, but there shall be only one award granted to any 

5 one local educational agency, but such award may be for 

6 multiple projects or programs with the local educational 

7 agency. 

8 ‘‘(g) DURATION OF AWARDS.—Grants under this 

9 part may be awarded for a period of not more than 5 

10 years. 

11 ‘‘(h) ELIGIBLE ENTITY DEFINED.—In this section, 

12 the term ‘eligible entity’ means— 

13 ‘‘(1) a local educational agency in partnership 

14 with a community-based organization, business enti15 ty, or nongovernmental entity; 

16 ‘‘(2) a consortium of local educational agencies 

17 working in partnership with a community-based or18 ganization, business entity, or nongovernmental enti19 ty; 

20 ‘‘(3) a community-based organization in part21 nership with a local educational agency and, if appli22 cable, a business entity or nongovernmental entity; 

23 or 
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1 ‘‘(4) a business entity in partnership with a 

2 local educational agency and, if applicable, a commu3 nity-based organization or nongovernmental entity. 

4 ‘‘SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO 

5 IMPROVE ACADEMIC ACHIEVEMENT. 

6 ‘‘(a) IN GENERAL.—From the amount reserved 

7 under section 3202(c)(2), a State educational agency shall 

8 award grants to nongovernmental entities, including pub9 lic or private organizations, community-based or faith10 based organizations, and business entities for a program 

11 or project to increase the academic achievement of public 

12 school students attending public elementary or secondary 

13 schools (or both) in compliance with the requirements in 

14 this section. Subject to the availability of funds, the State 

15 educational agency shall award a grant to each eligible ap16 plicant that meets the requirements in a sufficient size and 

17 scope to support the program. 

18 ‘‘(b) APPLICATION.—The State educational agency 

19 shall require an application that includes the following in20 formation: 

21 ‘‘(1) A description of the program or project 

22 the applicant will use the funds to support. 

23 ‘‘(2) A description of how the applicant is using 

24 or will use other State, local, or private funding to 

25 support the program or project. 
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1 ‘‘(3) A description of how the program or 

2 project will help increase student academic achieve3 ment, including the evidence to support this claim. 

4 ‘‘(4) A description of the student population the 

5 program or project is targeting to impact, and if the 

6 program will prioritize students in high-need local 

7 educational agencies. 

8 ‘‘(5) A description of how the applicant will 

9 conduct sufficient outreach to ensure students can 

10 participate in the program or project. 

11 ‘‘(6) A description of any partnerships the ap12 plicant has entered into with local educational agen13 cies or other entities the applicant will work with, if 

14 applicable. 

15 ‘‘(7) A description of how the applicant will 

16 work to share evidence-based and other effective 

17 strategies from the program or project with local 

18 educational agencies and other entities working with 

19 students to increase academic achievement. 

20 ‘‘(8) An assurance that students who benefit 

21 from any program or project funded under this sec22 tion shall continue to maintain enrollment in a pub23 lic elementary or secondary school. 

24 ‘‘(c) MATCHING CONTRIBUTION.—An eligible appli25 cant receiving a grant under this section shall provide, ei-
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1 ther directly or through private contributions, non-Federal 

2 matching funds equal to not less than 50 percent of the 

3 amount of the grant. 

4 ‘‘(d) REVIEW.—The State educational agency shall 

5 review the application to ensure that— 

6 ‘‘(1) the applicant is an eligible applicant; 

7 ‘‘(2) the application clearly describes the re8 quired elements in subsection (b); 

9 ‘‘(3) the entity meets the matching requirement 

10 described in subsection (c); and 

11 ‘‘(4) the program is allowable and complies with 

12 Federal, State, and local laws. 

13 ‘‘(e) DISTRIBUTION OF FUNDS.—If the application 

14 requests exceed the funds available, the State educational 

15 agency shall prioritize projects that support students in 

16 high-need local educational agencies and ensure geo17 graphic diversity, including serving rural, suburban, and 

18 urban areas. 

19 ‘‘(f) ADMINISTRATIVE COSTS.—Not more than 1 per20 cent of a grant awarded under this section may be used 

21 for administrative costs. 

22 ‘‘SEC. 3206. REPORT. 

23 ‘‘Each recipient of a grant under section 3204 or 

24 3205 shall report to the State educational agency on— 
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1 ‘‘(1) the success of the program in reaching the 

2 goals of the program; 

3 ‘‘(2) a description of the students served by the 

4 program and how the students’ academic achieve5 ment improved; and 

6 ‘‘(3) the results of any evaluation conducted on 

7 the success of the program.’’. 

8 TITLE IV—IMPACT AID 

9 SEC. 401. PURPOSE. 

10 Section 8001 (20 U.S.C. 7701) is amended by strik11 ing ‘‘challenging State standards’’ and inserting ‘‘State 

12 academic standards’’. 

13 SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION 

14 OF REAL PROPERTY. 

15 Section 8002 (20 U.S.C. 7702) is amended— 

16 (1) in subsection (a)(1)(C), by amending the 

17 matter preceding clause (i) to read as follows: 

18 ‘‘(C) had an assessed value according to 

19 original records (including facsimiles or other 

20 reproductions of those records) documenting 

21 the assessed value of such property (determined 

22 as of the time or times when so acquired) pre23 pared by the local officials referred to in sub24 section (b)(3) or, when such original records 

25 are not available due to unintentional destruc-
335 

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1 tion (such as natural disaster, fire, flooding, 

2 pest infestation, or deterioration due to age), 

3 other records, including Federal agency records, 

4 local historical records, or other records that 

5 the Secretary determines to be appropriate and 

6 reliable, aggregating 10 percent or more of the 

7 assessed value of—’’. 

8 (2) in subsection (b)(1)(B), by striking ‘‘section 

9 8014(a)’’ and inserting ‘‘section 3(d)(1)’’; and 

10 (3) by amending subsection (f) to read as fol11 lows: 

12 ‘‘(f) SPECIAL RULE.—Beginning with fiscal year 

13 2014, a local educational agency shall be deemed to meet 

14 the requirements of subsection (a)(1)(C) if records to de15 termine eligibility under such subsection were destroyed 

16 prior to fiscal year 2000 and the agency received funds 

17 under subsection (b) in the previous year.’’; 

18 (4) by amending subsection (g) to read as fol19 lows: 

20 ‘‘(g) FORMER DISTRICTS.— 

21 ‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 

22 and each succeeding fiscal year, if a local edu23 cational agency described in paragraph (2) is formed 

24 at any time after 1938 by the consolidation of two 

25 or more former school districts, the local educational 
336 

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1 agency may elect to have the Secretary determine its 

2 eligibility and any amount for which the local edu3 cational agency is eligible under this section for such 

4 fiscal year on the basis of one or more of those 

5 former districts, as designated by the local edu6 cational agency. 

7 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN8 CIES.—A local educational agency described in this 

9 paragraph is— 

10 ‘‘(A) any local educational agency that, for 

11 fiscal year 1994 or any preceding fiscal year, 

12 applied for, and was determined to be eligible 

13 under section 2(c) of the Act of September 30, 

14 1950 (Public Law 874, 81st Congress) as that 

15 section was in effect for that fiscal year; or 

16 ‘‘(B) a local educational agency formed by 

17 the consolidation of 2 or more school districts, 

18 at least one of which was eligible for assistance 

19 under this section for the fiscal year preceding 

20 the year of the consolidation, if— 

21 ‘‘(i) for fiscal years 2006 through 

22 2013, the local educational agency notifies 

23 the Secretary not later than 30 days after 

24 the date of enactment of the Student Suc-
337 

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1 cess Act of the designation described in 

2 paragraph (1); and 

3 ‘‘(ii) for fiscal year 2014, and each 

4 subsequent fiscal year, the local edu5 cational agency includes the designation in 

6 its application under section 8005 or any 

7 timely amendment to such application. 

8 ‘‘(3) AVAILABILITY OF FUNDS.—Notwith9 standing any other provision of law limiting the pe10 riod during which the Secretary may obligate funds 

11 appropriated for any fiscal year after fiscal year 

12 2005, the Secretary may obligate funds remaining 

13 after final payments have been made for any of such 

14 fiscal years to carry out this subsection.’’; 

15 (5) in subsection (h)— 

16 (A) in paragraph (2)— 

17 (i) in subparagraph (C)(ii), by strik18 ing ‘‘section 8014(a)’’ and inserting ‘‘sec19 tion 3(d)(1)’’; and 

20 (ii) in subparagraph (D), by striking 

21 ‘‘section 8014(a)’’ and inserting ‘‘section 

22 3(d)(1)’’; and 

23 (B) in paragraph (4), by striking ‘‘Impact 

24 Aid Improvement Act of 2012’’ and inserting 

25 ‘‘Student Success Act’’; 
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1 (6) by repealing subsections (k) and (m); 

2 (7) by redesignating subsection (l) as subsection 

3 (j); 

4 (8) by amending subsection (j) (as so redesig5 nated) by striking ‘‘(h)(4)(B)’’ and inserting 

6 ‘‘(h)(2)’’; and 

7 (9) by redesignating subsection (n) as sub8 section (k). 

9 SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CON10 NECTED CHILDREN. 

11 (a) COMPUTATION OF PAYMENT.—Section 8003(a) 

12 (20 U.S.C. 7703(a)) is amended— 

13 (1) in the matter preceding subparagraph (A) 

14 of paragraph (1), by inserting after ‘‘schools of such 

15 agency’’ the following: ‘‘(including those children en16 rolled in such agency as a result of the open enroll17 ment policy of the State in which the agency is lo18 cated, but not including children who are enrolled in 

19 a distance education program at such agency and 

20 who are not residing within the geographic bound21 aries of such agency)’’; and 

22 (2) in paragraph (5)(A), by striking ‘‘1984’’ 

23 and all that follows through ‘‘situated’’ and inserting 

24 ‘‘1984, or under lease of off-base property under 

25 subchapter IV of chapter 169 of title 10, United 
339 

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1 States Code, to be children described under para2 graph (1)(B) if the property described is within the 

3 fenced security perimeter of the military facility or 

4 attached to and under any type of force protection 

5 agreement with the military installation upon which 

6 such housing is situated’’. 

7 (b) BASIC SUPPORT PAYMENTS FOR HEAVILY IM8 PACTED LOCAL EDUCATIONAL AGENCIES.—Section 

9 8003(b) (20 U.S.C. 7703(b)) is amended— 

10 (1) by striking ‘‘section 8014(b)’’ each place it 

11 appears and inserting ‘‘section 3(d)(2)’’; 

12 (2) in paragraph (1), by repealing subpara13 graph (E); 

14 (3) in paragraph (2)— 

15 (A) in subparagraph (A), by inserting at 

16 the end the following: 

17 ‘‘(iii) The Secretary shall— 

18 ‘‘(I) deem each local educational agen19 cy that received a basic support payment 

20 under this paragraph for fiscal year 2009 

21 as eligible to receive a basic support pay22 ment under this paragraph for fiscal years 

23 2012 and 2013; and 

24 ‘‘(II) make a payment to each such 

25 local educational agency under this para-
340 

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1 graph for fiscal years 2012 and 2013.’’; 

2 and 

3 (B) in subparagraph (B)— 

4 (i) by striking ‘‘CONTINUING’’ in the 

5 heading; 

6 (ii) by amending clause (i) to read as 

7 follows: 

8 ‘‘(i) IN GENERAL.—A heavily im9 pacted local educational agency is eligible 

10 to receive a basic support payment under 

11 subparagraph (A) with respect to a num12 ber of children determined under sub13 section (a)(1) if the agency— 

14 ‘‘(I) is a local educational agen15 cy— 

16 ‘‘(aa) whose boundaries are 

17 the same as a Federal military 

18 installation or an island property 

19 designated by the Secretary of 

20 the Interior to be property that is 

21 held in trust by the Federal Gov22 ernment; and 

23 ‘‘(bb) that has no taxing au24 thority; 
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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 any agency 

19 that has a total student en20 rollment less than 500, 150 

21 percent of the average per22 pupil expenditure of the 

23 State in which the agency is 

24 located or the average per25 pupil expenditure of 3 or 
342 

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1 more comparable local edu2 cational agencies in the 

3 State in which the agency is 

4 located; and 

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 2013 and is located in a 

17 State that by State law has 

18 eliminated ad valorem tax as 

19 a revenue for local edu20 cational agencies; 

21 ‘‘(III) is a local educational agen22 cy that— 

23 ‘‘(aa) has an enrollment of 

24 children described in subsection 

25 (a)(1) that constitutes a percent-
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1 age of the total student enroll2 ment of the agency that is not 

3 less than 20 percent; 

4 ‘‘(bb) for the 3 fiscal years 

5 preceding the fiscal year for 

6 which the determination is made, 

7 the average enrollment of chil8 dren who are not described in 

9 subsection (a)(1) and who are eli10 gible for a free or reduced price 

11 lunch under the Richard B. Rus12 sell National School Lunch Act 

13 constitutes a percentage of the 

14 total student enrollment of the 

15 agency that is not less than 65 

16 percent; and 

17 ‘‘(cc) has a tax rate for gen18 eral fund purposes which is not 

19 less than 125 percent of the aver20 age tax rate for general fund 

21 purposes for comparable local 

22 educational agencies in the State; 

23 ‘‘(IV) is a local educational agen24 cy that has a total student enrollment 
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1 of not less than 25,000 students, of 

2 which— 

3 ‘‘(aa) not less than 50 per4 cent are children described in 

5 subsection (a)(1); and 

6 ‘‘(bb) not less than 5,500 of 

7 such children are children de8 scribed in subparagraphs (A) and 

9 (B) of subsection (a)(1); or 

10 ‘‘(V) is a local educational agency 

11 that— 

12 ‘‘(aa) has an enrollment of 

13 children described in subsection 

14 (a)(1) including, for purposes of 

15 determining eligibility, those chil16 dren described in subparagraphs 

17 (F) and (G) of such subsection, 

18 that is not less than 35 percent 

19 of the total student enrollment of 

20 the agency; and 

21 ‘‘(bb) was eligible to receive 

22 assistance under subparagraph 

23 (A) for fiscal year 2001.’’; and 

24 (iii) in clause (ii)— 
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1 (I) by striking ‘‘A heavily’’ and 

2 inserting the following: 

3 ‘‘(I) IN GENERAL.—Subject to 

4 subclause (II), a heavily’’; and 

5 (II) by adding at the end the fol6 lowing: 

7 ‘‘(II) LOSS OF ELIGIBILITY DUE

8 TO FALLING BELOW 95 PERCENT OF

9 THE AVERAGE TAX RATE FOR GEN10 ERAL FUND PURPOSES.—In a case of 

11 a heavily impacted local educational 

12 agency that is eligible to receive a 

13 basic support payment under subpara14 graph (A), but that has had, for 2 

15 consecutive fiscal years, a tax rate for 

16 general fund purposes that falls below 

17 95 percent of the average tax rate for 

18 general fund purposes of comparable 

19 local educational agencies in the 

20 State, such agency shall be deter21 mined to be ineligible under clause (i) 

22 and ineligible to receive a basic sup23 port payment under subparagraph (A) 

24 for each fiscal year succeeding such 2 

25 consecutive fiscal years for which the 
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1 agency has such a tax rate for general 

2 fund purposes, and until the fiscal 

3 year for which the agency resumes 

4 such eligibility in accordance with 

5 clause (iii).’’; 

6 (C) by striking subparagraph (C); 

7 (D) by redesignating subparagraphs (D) 

8 through (H) as subparagraphs (C) through (G), 

9 respectively; 

10 (E) in subparagraph (C) (as so redesig11 nated)— 

12 (i) in the heading, by striking ‘‘REG13 ULAR’’; 

14 (ii) by striking ‘‘Except as provided in 

15 subparagraph (E)’’ and inserting ‘‘Except 

16 as provided in subparagraph (D)’’; 

17 (iii) by amending subclause (I) of 

18 clause (ii) to read as follows: ‘‘(I)(aa) For 

19 a local educational agency with respect to 

20 which 35 percent or more of the total stu21 dent enrollment of the schools of the agen22 cy are children described in subparagraph 

23 (D) or (E) (or a combination thereof) of 

24 subsection (a)(1), and that has an enroll25 ment of children described in subpara-
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1 graph (A), (B), or (C) of such subsection 

2 equal to at least 10 percent of the agency’s 

3 total enrollment, the Secretary shall cal4 culate the weighted student units of those 

5 children described in subparagraph (D) or 

6 (E) of such subsection by multiplying the 

7 number of such children by a factor of 

8 0.55. 

9 ‘‘(bb) Notwithstanding subitem (aa), a 

10 local educational agency that received a 

11 payment under this paragraph for fiscal 

12 year 2013 shall not be required to have an 

13 enrollment of children described in sub14 paragraph (A), (B), or (C) of subsection 

15 (a)(1) equal to at least 10 percent of the 

16 agency’s total enrollment.’’; and 

17 (iv) by amending subclause (III) of 

18 clause (ii) by striking ‘‘(B)(i)(II)(aa)’’ and 

19 inserting ‘‘subparagraph (B)(i)(I)’’; 

20 (F) in subparagraph (D)(i)(II) (as so re21 designated), by striking ‘‘6,000’’ and inserting 

22 ‘‘5,500’’; 

23 (G) in subparagraph (E) (as so redesig24 nated)— 
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1 (i) by striking ‘‘Secretary’’ and all 

2 that follows through ‘‘shall use’’ and in3 serting ‘‘Secretary shall use’’; 

4 (ii) by striking ‘‘; and’’ and inserting 

5 a period; and 

6 (iii) by striking clause (ii); 

7 (H) in subparagraphs (F) (as so redesig8 nated), by striking ‘‘subparagraph 

9 (C)(i)(II)(bb)’’ and inserting ‘‘subparagraph 

10 (B)(i)(II)(bb)(BB)’’; 

11 (I) in subparagraph (G) (as so redesig12 nated)— 

13 (i) in clause (i)— 

14 (I) by striking ‘‘subparagraph 

15 (B), (C), (D), or (E)’’ and inserting 

16 ‘‘subparagraph (B), (C), or (D)’’; 

17 (II) by striking ‘‘by reason of’’ 

18 and inserting ‘‘due to’’; 

19 (III) by inserting after ‘‘clause 

20 (iii)’’ the following ‘‘, or as the direct 

21 result of base realignment and closure 

22 or modularization as determined by 

23 the Secretary of Defense and force 

24 structure change or force relocation’’; 

25 and 
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1 (IV) by inserting before the pe2 riod, the following: ‘‘or during such 

3 time as activities associated with base 

4 closure and realignment, 

5 modularization, force structure 

6 change, or force relocation are ongo7 ing’’; and 

8 (ii) in clause (ii), by striking ‘‘(D) or 

9 (E)’’ each place it appears and inserting 

10 ‘‘(C) or (D)’’; 

11 (4) in paragraph (3)— 

12 (A) in subparagraph (B)— 

13 (i) by amending clause (iii) to read as 

14 follows: 

15 ‘‘(iii) In the case of a local educational 

16 agency providing a free public education to stu17 dents enrolled in kindergarten through grade 

18 12, but which enrolls students described in sub19 paragraphs (A), (B), and (D) of subsection 

20 (a)(1) only in grades 9 through 12, and which 

21 received a final payment in fiscal year 2009 cal22 culated under this paragraph (as this para23 graph was in effect on the day before the date 

24 of enactment of the Student Success Act) for 

25 students in grades 9 through 12, the Secretary 
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1 shall, in calculating the agency’s payment, con2 sider only that portion of such agency’s total 

3 enrollment of students in grades 9 through 12 

4 when calculating the percentage under clause 

5 (i)(I) and only that portion of the total current 

6 expenditures attributed to the operation of 

7 grades 9 through 12 in such agency when cal8 culating the percentage under clause (i)(II).’’; 

9 and 

10 (ii) by adding at the end the fol11 lowing: 

12 ‘‘(v) In the case of a local educational 

13 agency that is providing a program of distance 

14 education to children not residing within the ge15 ographic boundaries of the agency, the Sec16 retary shall— 

17 ‘‘(I) for purposes of the calculation 

18 under clause (i)(I), disregard such children 

19 from the total number of children in aver20 age daily attendance at the schools served 

21 by such agency; and 

22 ‘‘(II) for purposes of the calculation 

23 under clause (i)(II), disregard any funds 

24 received for such children from the total 

25 current expenditures for such agency.’’; 
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1 (B) in subparagraph (C), by striking ‘‘sub2 paragraph (D) or (E) of paragraph (2), as the 

3 case may be’’ and inserting ‘‘paragraph 

4 (2)(D)’’; and 

5 (C) by amending subparagraph (D) to read 

6 as follows: 

7 ‘‘(D) RATABLE DISTRIBUTION.—For any 

8 fiscal year described in subparagraph (A) for 

9 which the sums available exceed the amount re10 quired to pay each local educational agency 100 

11 percent of its threshold payment, the Secretary 

12 shall distribute the excess sums to each eligible 

13 local educational agency that has not received 

14 its full amount computed under paragraph (1) 

15 or (2) (as the case may be) by multiplying— 

16 ‘‘(i) a percentage, the denominator of 

17 which is the difference between the full 

18 amount computed under paragraph (1) or 

19 (2) (as the case may be) for all local edu20 cational agencies and the amount of the 

21 threshold payment (as calculated under 

22 subparagraphs (B) and (C)) of all local 

23 educational agencies, and the numerator of 

24 which is the aggregate of the excess sums, 

25 by 
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1 ‘‘(ii) the difference between the full 

2 amount computed under paragraph (1) or 

3 (2) (as the case may be) for the agency 

4 and the amount of the threshold payment 

5 as calculated under subparagraphs (B) and 

6 (C) of the agency.’’; and 

7 (D) by inserting at the end the following 

8 new subparagraphs: 

9 ‘‘(E) INSUFFICIENT PAYMENTS.—For each 

10 fiscal year described in subparagraph (A) for 

11 which the sums appropriated under section 

12 3(d)(2) are insufficient to pay each local edu13 cational agency all of the local educational 

14 agency’s threshold payment described in sub15 paragraph (D), the Secretary shall ratably re16 duce the payment to each local educational 

17 agency under this paragraph. 

18 ‘‘(F) INCREASES.—If the sums appro19 priated under section 3(d)(2) are sufficient to 

20 increase the threshold payment above the 100 

21 percent threshold payment described in sub22 paragraph (D), then the Secretary shall in23 crease payments on the same basis as such pay24 ments were reduced, except no local educational 

25 agency may receive a payment amount greater 
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1 than 100 percent of the maximum payment cal2 culated under this subsection.’’; and 

3 (5) in paragraph (4)— 

4 (A) in subparagraph (A), by striking 

5 ‘‘through (D)’’ and inserting ‘‘and (C)’’; and 

6 (B) in subparagraph (B), by striking ‘‘sub7 paragraph (D) or (E)’’ and inserting ‘‘subpara8 graph (C) or (D)’’. 

9 (c) PRIOR YEAR DATA.—Paragraph (2) of section 

10 8003(c) (20 U.S.C. 7703(c)) is amended to read as fol11 lows: 

12 ‘‘(2) EXCEPTION.—Calculation of payments for 

13 a local educational agency shall be based on data 

14 from the fiscal year for which the agency is making 

15 an application for payment if such agency— 

16 ‘‘(A) is newly established by a State, for 

17 the first year of operation of such agency only; 

18 ‘‘(B) was eligible to receive a payment 

19 under this section for the previous fiscal year 

20 and has had an overall increase in enrollment 

21 (as determined by the Secretary in consultation 

22 with the Secretary of Defense, the Secretary of 

23 Interior, or the heads of other Federal agen24 cies)— 
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1 ‘‘(i) of not less than 10 percent, or 

2 100 students, of children described in— 

3 ‘‘(I) subparagraph (A), (B), (C), 

4 or (D) of subsection (a)(1); or 

5 ‘‘(II) subparagraphs (F) and (G) 

6 of subsection (a)(1), but only to the 

7 extent such children are civilian de8 pendents of employees of the Depart9 ment of Defense or the Department of 

10 Interior; and 

11 ‘‘(ii) that is the direct result of closure 

12 or realignment of military installations 

13 under the base closure process or the relo14 cation of members of the Armed Forces 

15 and civilian employees of the Department 

16 of Defense as part of the force structure 

17 changes or movements of units or per18 sonnel between military installations or be19 cause of actions initiated by the Secretary 

20 of the Interior or the head of another Fed21 eral agency; or 

22 ‘‘(C) was eligible to receive a payment 

23 under this section for the previous fiscal year 

24 and has had an increase in enrollment (as de25 termined by the Secretary)— 
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1 ‘‘(i) of not less than 10 percent of 

2 children described in subsection (a)(1) or 

3 not less than 100 of such children; and 

4 ‘‘(ii) that is the direct result of the 

5 closure of a local educational agency that 

6 received a payment under subsection (b)(1) 

7 or (b)(2) in the previous fiscal year.’’. 

8 (d) CHILDREN WITH DISABILITIES.—Section 

9 8003(d)(1) (20 U.S.C. 7703(d)) is amended by striking 

10 ‘‘section 8014(c)’’ and inserting ‘‘section 3(d)(3)’’. 

11 (e) HOLD-HARMLESS.—Section 8003(e) (20 U.S.C. 

12 7703(e)) is amended— 

13 (1) by amending paragraph (1) to read as fol14 lows: 

15 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

16 the total amount the Secretary shall pay a local edu17 cational agency under subsection (b)— 

18 ‘‘(A) for fiscal year 2014, shall not be less 

19 than 90 percent of the total amount that the 

20 local educational agency received under sub21 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

22 year 2013; 

23 ‘‘(B) for fiscal year 2015, shall not be less 

24 than 85 percent of the total amount that the 

25 local educational agency received under sub-
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1 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

2 year 2013; and 

3 ‘‘(C) for fiscal year 2016, shall not be less 

4 than 80 percent of the total amount that the 

5 local educational agency received under sub6 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

7 year 2013.’’; and 

8 (2) by amending paragraph (2) to read as fol9 lows: 

10 ‘‘(2) MAXIMUM AMOUNT.—The total amount 

11 provided to a local educational agency under sub12 paragraph (A), (B), or (C) of paragraph (1) for a 

13 fiscal year shall not exceed the maximum basic sup14 port payment amount for such agency determined 

15 under paragraph (1) or (2) of subsection (b), as the 

16 case may be, for such fiscal year.’’. 

17 (f) MAINTENANCE OF EFFORT.—Section 8003 (20 

18 U.S.C. 7703) is amended by striking subsection (g). 

19 SEC. 404. POLICIES AND PROCEDURES RELATING TO CHIL20 DREN RESIDING ON INDIAN LANDS. 

21 Section 8004(e)(9) is amended by striking ‘‘Bureau 

22 of Indian Affairs’’ and inserting ‘‘Bureau of Indian Edu23 cation’’. 
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1 SEC. 405. APPLICATION FOR PAYMENTS UNDER SECTIONS 

2 8002 AND 8003. 

3 Section 8005(b) (20 U.S.C. 7705(b)) is amended in 

4 the matter preceding paragraph (1) by striking ‘‘and shall 

5 contain such information,’’. 

6 SEC. 406. CONSTRUCTION. 

7 Section 8007 (20 U.S.C. 7707) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1), by striking ‘‘section 

10 8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 

11 (B) in paragraph (2), by adding at the end 

12 the following: 

13 ‘‘(C) The agency is eligible under section 

14 4003(b)(2) or is receiving basic support pay15 ments under circumstances described in section 

16 4003(b)(2)(B)(ii).’’; and 

17 (C) in paragraph (3), by striking ‘‘section 

18 8014(e)’’ each place it appears and inserting 

19 ‘‘section 3(d)(4)’’; and 

20 (2) in subsection (b)— 

21 (A) in paragraph (1), by striking ‘‘section 

22 8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 

23 (B) in paragraph (3)— 

24 (i) in subparagraph (C)(i)(I), by add25 ing at the end the following: 
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1 ‘‘(cc) At least 10 percent of the 

2 property in the agency is exempt from 

3 State and local taxation under Fed4 eral law.’’; and 

5 (ii) by adding at the end the fol6 lowing: 

7 ‘‘(F) LIMITATIONS ON ELIGIBILITY RE8 QUIREMENTS.—The Secretary shall not limit 

9 eligibility— 

10 ‘‘(i) under subparagraph (C)(i)(I)(aa), 

11 to those local educational agencies in which 

12 the number of children determined under 

13 section 8003(a)(1)(C) for each such agency 

14 for the preceding school year constituted 

15 more than 40 percent of the total student 

16 enrollment in the schools of each such 

17 agency during the preceding school year; 

18 and 

19 ‘‘(ii) under subparagraph (C)(i)(I)(cc), 

20 to those local educational agencies in which 

21 more than 10 percent of the property in 

22 each such agency is exempt from State and 

23 local taxation under Federal law.’’; 

24 (C) in paragraph (6)— 
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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘in such manner, 

3 and accompanied by such information’’ 

4 and inserting ‘‘and in such manner’’; and 

5 (ii) by striking subparagraph (F); and 

6 (D) by striking paragraph (7). 

7 SEC. 407. FACILITIES. 

8 Section 8008 (20 U.S.C. 7708) is amended in sub9 section (a), by striking ‘‘section 8014(f)’’ and inserting 

10 ‘‘section 3(d)(5)’’. 

11 SEC. 408. STATE CONSIDERATION OF PAYMENTS PRO12 VIDING STATE AID. 

13 Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is 

14 amended by striking ‘‘and contain the information’’. 

15 SEC. 409. FEDERAL ADMINISTRATION. 

16 Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amend17 ed, by striking ‘‘section 8014’’ and inserting ‘‘section 

18 3(d)’’. 

19 SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL RE20 VIEW. 

21 Section 8011(a) (20 U.S.C. 7711(a)) is amended by 

22 striking ‘‘or under the Act’’ and all the follows through 

23 ‘‘1994)’’. 

24 SEC. 411. DEFINITIONS. 

25 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’’; 

4 (2) in paragraph (4), by striking ‘‘and title VI’’; 

5 (3) in paragraph (5)(A)(iii)— 

6 (A) in subclause (II), by striking ‘‘Stewart 

7 B. McKinney Homeless Assistance Act’’ and in8 serting ‘‘McKinney-Vento Homeless Assistance 

9 Act (42 U.S.C. 11411)’’; and 

10 (B) in subclause (III), by inserting before 

11 the semicolon, ‘‘(25 U.S.C. 4101 et seq.)’’; 

12 (4) in paragraph (8)(A), by striking ‘‘and 

13 verified by’’ and inserting ‘‘, and verified by,’’; and 

14 (5) in paragraph (9)(B), by inserting a comma 

15 before ‘‘on a case-by-case basis’’. 

16 SEC. 412. AUTHORIZATION OF APPROPRIATIONS. 

17 Section 8014 (20 U.S.C. 7801) is repealed. 

18 SEC. 413. CONFORMING AMENDMENTS. 

19 (a) IMPACT AID IMPROVEMENT ACT OF 2012.—Sub20 section (c) of the Impact Aid Improvement Act of 2012 

21 (20 U.S.C. 6301 note; Public Law 112–239; 126 Stat 

22 1748) is amended— 

23 (1) by striking paragraphs (1) and (4); and 

24 (2) by redesignating paragraphs (2) and (3), as 

25 paragraphs (1) and (2), respectively. 
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1 (b) REPEAL.—Title IV (20 U.S.C. 7101 et seq.), as 

2 amended by section 501(b)(2) of this Act, is repealed. 

3 (c) TRANSFER AND REDESIGNATION.—Title VIII (20 

4 U.S.C. 7701 et seq.), as amended by this title, is redesig5 nated as title IV (20 U.S.C. 7101 et seq.), and transferred 

6 and inserted after title III (as amended by this Act). 

7 (d) TITLE VIII REFERENCES.—The Act (20 U.S.C. 

8 6301 et seq.) is amended— 

9 (1) by redesignating sections 8001 through 

10 8005 as sections 4001 through 4005, respectively; 

11 (2) by redesignating sections 8007 through 

12 8013 as sections 4007 through 4013, respectively; 

13 (3) by striking ‘‘section 8002’’ each place it ap14 pears and inserting ‘‘section 4002’’; 

15 (4) by striking ‘‘section 8002(b)’’ each place it 

16 appears and inserting ‘‘section 4002(b)’’; 

17 (5) by striking ‘‘section 8003’’ each place it ap18 pears and inserting ‘‘section 4003’’, respectively; 

19 (6) by striking ‘‘section 8003(a)’’ each place it 

20 appears and inserting ‘‘section 4003(a)’’; 

21 (7) by striking ‘‘section 8003(a)(1)’’ each place 

22 it appears and inserting ‘‘section 4003(a)(1)’’; 

23 (8) by striking ‘‘section 8003(a)(1)(C)’’ each 

24 place it appears and inserting ‘‘section 

25 4003(a)(1)(C)’’; 
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1 (9) by striking ‘‘section 8002(a)(2)’’ each place 

2 it appears and inserting ‘‘section 4002(a)(2)’’; 

3 (10) by striking ‘‘section 8003(b)’’ each place it 

4 appears and inserting ‘‘section 4003(b)’’; 

5 (11) by striking ‘‘section 8003(b)(1)’’ each 

6 place it appears and inserting ‘‘section 4003(b)(1)’’; 

7 (12) in section 4002(b)(1)(C) (as so redesig8 nated), by striking ‘‘section 8003(b)(1)(C)’’ and in9 serting ‘‘section 4003(b)(1)(C)’’; 

10 (13) in section 4002(k)(1) (as so redesignated), 

11 by striking ‘‘section 8013(5)(C)(iii)’’ and inserting 

12 ‘‘section 4013(5)(C)(iii)’’; 

13 (14) in section 4005 (as so redesignated)— 

14 (A) in the section heading, by striking 

15 ‘‘8002 AND 8003’’ and inserting ‘‘4002 AND

16 4003’’; 

17 (B) by striking ‘‘or 8003’’ each place it ap18 pears and inserting ‘‘or 4003’’; 

19 (C) in subsection (b)(2), by striking ‘‘sec20 tion 8004’’ and inserting ‘‘section 4004’’; and 

21 (D) in subsection (d)(2), by striking ‘‘sec22 tion 8003(e)’’ and inserting ‘‘section 4003(e)’’; 

23 (15) in section 4007(a)(3)(A)(i)(II) (as so re24 designated), by striking ‘‘section 8008(a)’’ and in25 serting ‘‘section 4008(a)’’; 
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1 (16) in section 4007(a)(4) (as so redesignated), 

2 by striking ‘‘section 8013(3)’’ and inserting ‘‘section 

3 4013(3)’’; and 

4 (17) in section 4009 (as so redesignated)— 

5 (A) in subsection (b)(1)— 

6 (i) by striking ‘‘or 8003(b)’’ and in7 serting ‘‘or 4003(b)’’; 

8 (ii) by striking ‘‘section 

9 8003(a)(2)(B)’’ and inserting ‘‘section 

10 4003(a)(2)(B)’’; and 

11 (iii) by striking ‘‘section 8003(b)(2)’’ 

12 each place it appears and inserting ‘‘sec13 tion 4003(b)(2)’’; 

14 (B) by striking ‘‘section 8011(a)’’ each 

15 place it appears and inserting ‘‘section 

16 4011(a)’’; and 

17 (18) in section 4010(c)(2)(D) (as so redesig18 nated) by striking ‘‘section 8009(b)’’ and inserting 

19 ‘‘section 4009(b)’’. 

20 TITLE V—GENERAL PROVISIONS 

21 FOR THE ACT 

22 SEC. 501. GENERAL PROVISIONS FOR THE ACT. 

23 (a) AMENDING TITLE V.—Title V (20 U.S.C. 7201 

24 et seq.) is amended to read as follows: 
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1 ‘‘TITLE V—GENERAL 

2 PROVISIONS 

3 ‘‘PART A—DEFINITIONS 

4 ‘‘SEC. 5101. DEFINITIONS. 

5 ‘‘Except as otherwise provided, in this Act: 

6 ‘‘(1) AVERAGE DAILY ATTENDANCE.— 

7 ‘‘(A) IN GENERAL.—Except as provided 

8 otherwise by State law or this paragraph, the 

9 term ‘average daily attendance’ means— 

10 ‘‘(i) the aggregate number of days of 

11 attendance of all students during a school 

12 year; divided by 

13 ‘‘(ii) the number of days school is in 

14 session during that year. 

15 ‘‘(B) CONVERSION.—The Secretary shall 

16 permit the conversion of average daily member17 ship (or other similar data) to average daily at18 tendance for local educational agencies in 

19 States that provide State aid to local edu20 cational agencies on the basis of average daily 

21 membership (or other similar data). 

22 ‘‘(C) SPECIAL RULE.—If the local edu23 cational agency in which a child resides makes 

24 a tuition or other payment for the free public 

25 education of the child in a school located in an-
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1 other school district, the Secretary shall, for the 

2 purpose of this Act— 

3 ‘‘(i) consider the child to be in attend4 ance at a school of the agency making the 

5 payment; and 

6 ‘‘(ii) not consider the child to be in at7 tendance at a school of the agency receiv8 ing the payment. 

9 ‘‘(D) CHILDREN WITH DISABILITIES.—If a 

10 local educational agency makes a tuition pay11 ment to a private school or to a public school 

12 of another local educational agency for a child 

13 with a disability, as defined in section 602 of 

14 the Individuals with Disabilities Education Act, 

15 the Secretary shall, for the purpose of this Act, 

16 consider the child to be in attendance at a 

17 school of the agency making the payment. 

18 ‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The 

19 term ‘average per-pupil expenditure’ means, in the 

20 case of a State or of the United States— 

21 ‘‘(A) without regard to the source of 

22 funds— 

23 ‘‘(i) the aggregate current expendi24 tures, during the third fiscal year pre25 ceding the fiscal year for which the deter-
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1 mination is made (or, if satisfactory data 

2 for that year are not available, during the 

3 most recent preceding fiscal year for which 

4 satisfactory data are available) of all local 

5 educational agencies in the State or, in the 

6 case of the United States, for all States 

7 (which, for the purpose of this paragraph, 

8 means the 50 States and the District of 

9 Columbia); plus 

10 ‘‘(ii) any direct current expenditures 

11 by the State for the operation of those 

12 agencies; divided by 

13 ‘‘(B) the aggregate number of children in 

14 average daily attendance to whom those agen15 cies provided free public education during that 

16 preceding year. 

17 ‘‘(3) CHARTER SCHOOL.—The term ‘charter 

18 school’ means a public school that— 

19 ‘‘(A) in accordance with a specific State 

20 statute authorizing the granting of charters to 

21 schools, is exempt from significant State or 

22 local rules that inhibit the flexible operation 

23 and management of public schools, but not 

24 from any rules relating to the other require25 ments of this paragraph; 
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1 ‘‘(B) is created by a developer as a public 

2 school, or is adapted by a developer from an ex3 isting public school, and is operated under pub4 lic supervision and direction; 

5 ‘‘(C) operates in pursuit of a specific set of 

6 educational objectives determined by the 

7 school’s developer and agreed to by the author8 ized public chartering agency; 

9 ‘‘(D) provides a program of elementary or 

10 secondary education, or both; 

11 ‘‘(E) is nonsectarian in its programs, ad12 missions policies, employment practices, and all 

13 other operations, and is not affiliated with a 

14 sectarian school or religious institution; 

15 ‘‘(F) does not charge tuition; 

16 ‘‘(G) complies with the Age Discrimination 

17 Act of 1975, title VI of the Civil Rights Act of 

18 1964, title IX of the Education Amendments of 

19 1972, section 504 of the Rehabilitation Act of 

20 1973, and part B of the Individuals with Dis21 abilities Education Act; 

22 ‘‘(H) is a school to which parents choose to 

23 send their children, and that admits students 

24 on the basis of a lottery, if more students apply 

25 for admission than can be accommodated; 
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1 ‘‘(I) agrees to comply with the same Fed2 eral and State audit requirements as do other 

3 elementary schools and secondary schools in the 

4 State, unless such requirements are specifically 

5 waived for the purpose of this program; 

6 ‘‘(J) meets all applicable Federal, State, 

7 and local health and safety requirements; 

8 ‘‘(K) operates in accordance with State 

9 law; 

10 ‘‘(L) has a written performance contract 

11 with the authorized public chartering agency in 

12 the State that includes a description of how 

13 student performance will be measured in char14 ter schools pursuant to State assessments that 

15 are required of other schools and pursuant to 

16 any other assessments mutually agreeable to 

17 the authorized public chartering agency and the 

18 charter school; and 

19 ‘‘(M) may serve prekindergarten or post 

20 secondary students. 

21 ‘‘(4) CHILD.—The term ‘child’ means any per22 son within the age limits for which the State pro23 vides free public education. 

24 ‘‘(5) CHILD WITH A DISABILITY.—The term 

25 ‘child with a disability’ has the same meaning given 
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1 that term in section 602 of the Individuals with Dis2 abilities Education Act. 

3 ‘‘(6) COMMUNITY-BASED ORGANIZATION.—The 

4 term ‘community-based organization’ means a public 

5 or private nonprofit organization of demonstrated ef6 fectiveness that— 

7 ‘‘(A) is representative of a community or 

8 significant segments of a community; and 

9 ‘‘(B) provides educational or related serv10 ices to individuals in the community. 

11 ‘‘(7) CONSOLIDATED LOCAL APPLICATION.— 

12 The term ‘consolidated local application’ means an 

13 application submitted by a local educational agency 

14 pursuant to section 5305. 

15 ‘‘(8) CONSOLIDATED LOCAL PLAN.—The term 

16 ‘consolidated local plan’ means a plan submitted by 

17 a local educational agency pursuant to section 5305. 

18 ‘‘(9) CONSOLIDATED STATE APPLICATION.— 

19 The term ‘consolidated State application’ means an 

20 application submitted by a State educational agency 

21 pursuant to section 5302. 

22 ‘‘(10) CONSOLIDATED STATE PLAN.—The term 

23 ‘consolidated State plan’ means a plan submitted by 

24 a State educational agency pursuant to section 

25 5302. 
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1 ‘‘(11) CORE ACADEMIC SUBJECTS.—The term 

2 ‘core academic subjects’ means English, reading or 

3 language arts, mathematics, science, foreign lan4 guages, civics and government, economics, arts, his5 tory, and geography. 

6 ‘‘(12) COUNTY.—The term ‘county’ means one 

7 of the divisions of a State used by the Secretary of 

8 Commerce in compiling and reporting data regard9 ing counties. 

10 ‘‘(13) COVERED PROGRAM.—The term ‘covered 

11 program’ means each of the programs authorized 

12 by— 

13 ‘‘(A) part A of title I; 

14 ‘‘(B) title II; and 

15 ‘‘(C) title III. 

16 ‘‘(14) CURRENT EXPENDITURES.—The term 

17 ‘current expenditures’ means expenditures for free 

18 public education— 

19 ‘‘(A) including expenditures for adminis20 tration, instruction, attendance and health serv21 ices, pupil transportation services, operation 

22 and maintenance of plant, fixed charges, and 

23 net expenditures to cover deficits for food serv24 ices and student body activities; but 
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1 ‘‘(B) not including expenditures for com2 munity services, capital outlay, and debt serv3 ice, or any expenditures made from funds re4 ceived under title I. 

5 ‘‘(15) DEPARTMENT.—The term ‘Department’ 

6 means the Department of Education. 

7 ‘‘(16) DIRECT STUDENT SERVICES.—The term 

8 ‘direct student services’ means public school choice 

9 or high-quality academic tutoring that are designed 

10 to help increase academic achievement for students. 

11 ‘‘(17) DISTANCE EDUCATION.—The term ‘dis12 tance education’ means the use of one or more tech13 nologies to deliver instruction to students who are 

14 separated from the instructor and to support regular 

15 and substantive interaction between the students 

16 and the instructor synchronously or nonsyn17 chronously. 

18 ‘‘(18) 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 ‘‘(19) 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 ‘‘(20) ENGLISH LEARNER.—The term ‘English 

4 learner’, when used with respect to an individual, 

5 means an individual— 

6 ‘‘(A) who is aged 3 through 21; 

7 ‘‘(B) who is enrolled or preparing to enroll 

8 in an elementary school or secondary school; 

9 ‘‘(C)(i) who was not born in the United 

10 States or whose native language is a language 

11 other than English; 

12 ‘‘(ii)(I) who is a Native American or Alas13 ka Native, or a native resident of the outlying 

14 areas; and 

15 ‘‘(II) who comes from an environment 

16 where a language other than English has had 

17 a significant impact on the individual’s level of 

18 English language proficiency; or 

19 ‘‘(iii) who is migratory, whose native lan20 guage is a language other than English, and 

21 who comes from an environment where a lan22 guage other than English is dominant; and 

23 ‘‘(D) whose difficulties in speaking, read24 ing, writing, or understanding the English lan-
373 

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1 guage may be sufficient to deny the indi2 vidual— 

3 ‘‘(i) the ability to meet the State’s 

4 academic standards described in section 

5 1111; 

6 ‘‘(ii) the ability to successfully achieve 

7 in classrooms where the language of in8 struction is English; or 

9 ‘‘(iii) the opportunity to participate 

10 fully in society. 

11 ‘‘(21) EXTENDED-YEAR ADJUSTED COHORT

12 GRADUATION RATE.— 

13 ‘‘(A) IN GENERAL.—The term ‘extended14 year adjusted cohort graduation rate’ means the 

15 ratio where— 

16 ‘‘(i) the denominator consists of the 

17 number of students who form the original 

18 cohort of entering first-time 9th grade stu19 dents enrolled in the high school no later 

20 than the effective date for student mem21 bership data submitted annually by State 

22 educational agencies to the National Cen23 ter for Education Statistics under section 

24 153 of the Education Sciences Reform Act, 

25 adjusted by— 
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1 ‘‘(I) adding the students who 

2 joined that cohort, after the time of 

3 the determination of the original co4 hort; and 

5 ‘‘(II) subtracting only those stu6 dents who left that cohort, after the 

7 time of the determination of the origi8 nal cohort, as described in subpara9 graph (B); and 

10 ‘‘(ii) the numerator consists of the 

11 number of students in the cohort, as ad12 justed under clause (i), who earned a reg13 ular high school diploma before, during, or 

14 at the conclusion of— 

15 ‘‘(I) one or more additional years 

16 beyond the fourth year of high school; 

17 or 

18 ‘‘(II) a summer session imme19 diately following the additional year of 

20 high school. 

21 ‘‘(B) 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, 
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1 emigrated to another country, transferred to a 

2 prison or juvenile facility, or is deceased. 

3 ‘‘(C) TRANSFERRED OUT.— 

4 ‘‘(i) IN GENERAL.—For purposes of 

5 this paragraph, the term ‘transferred out’ 

6 means a student who the high school or 

7 local educational agency has confirmed, ac8 cording to clause (ii), has transferred— 

9 ‘‘(I) to another school from which 

10 the student is expected to receive a 

11 regular high school diploma; or 

12 ‘‘(II) to another educational pro13 gram from which the student is ex14 pected to receive a regular high school 

15 diploma. 

16 ‘‘(ii) CONFIRMATION REQUIRE17 MENTS.— 

18 ‘‘(I) DOCUMENTATION RE19 QUIRED.—The confirmation of a stu20 dent’s transfer to another school or 

21 educational program described in 

22 clause (i) requires documentation 

23 from the receiving school or program 

24 that the student enrolled in the receiv25 ing school or program. 
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1 ‘‘(II) LACK OF CONFIRMATION.— 

2 A student who was enrolled, but for 

3 whom there is no confirmation of the 

4 student having transferred out, shall 

5 remain in the denominator of the ex6 tended-year adjusted cohort. 

7 ‘‘(iii) PROGRAMS NOT PROVIDING

8 CREDIT.—A student who is retained in 

9 grade or who is enrolled in a GED or other 

10 alternative educational program that does 

11 not issue or provide credit toward the 

12 issuance of a regular high school diploma 

13 shall not be considered transferred out and 

14 shall remain in the extended-year adjusted 

15 cohort. 

16 ‘‘(D) SPECIAL RULE.—For those high 

17 schools that start after grade 9, the original co18 hort shall be calculated for the earliest high 

19 school grade students attend no later than the 

20 effective date for student membership data sub21 mitted annually by State educational agencies 

22 to the National Center for Education Statistics 

23 pursuant to section 153 of the Education 

24 Sciences Reform Act. 
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1 ‘‘(22) FAMILY LITERACY SERVICES.—The term 

2 ‘family literacy services’ means services provided to 

3 participants on a voluntary basis that are of suffi4 cient intensity in terms of hours, and of sufficient 

5 duration, to make sustainable changes in a family, 

6 and that integrate all of the following activities: 

7 ‘‘(A) Interactive literacy activities between 

8 parents and their children. 

9 ‘‘(B) Training for parents regarding how 

10 to be the primary teacher for their children and 

11 full partners in the education of their children. 

12 ‘‘(C) Parent literacy training that leads to 

13 economic self-sufficiency. 

14 ‘‘(D) An age-appropriate education to pre15 pare children for success in school and life ex16 periences. 

17 ‘‘(23) FOUR-YEAR ADJUSTED COHORT GRADUA18 TION RATE.— 

19 ‘‘(A) IN GENERAL.—The term ‘four-year 

20 adjusted cohort graduation rate’ means the 

21 ratio where— 

22 ‘‘(i) the denominator consists of the 

23 number of students who form the original 

24 cohort of entering first-time 9th grade stu25 dents enrolled in the high school no later 
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1 than the effective date for student mem2 bership data submitted annually by State 

3 educational agencies to the National Cen4 ter for Education Statistics pursuant to 

5 section 153 of the Education Sciences Re6 form Act, adjusted by— 

7 ‘‘(I) adding the students who 

8 joined that cohort, after the time of 

9 the determination of the original co10 hort; and 

11 ‘‘(II) subtracting only those stu12 dents who left that cohort, after the 

13 time of the determination of the origi14 nal cohort, as described in subpara15 graph (B); and 

16 ‘‘(ii) the numerator consists of the 

17 number of students in the cohort, as ad18 justed under clause (i), who earned a reg19 ular high school diploma before, during, or 

20 at the conclusion of— 

21 ‘‘(I) the fourth year of high 

22 school; or 

23 ‘‘(II) a summer session imme24 diately following the fourth year of 

25 high school. 
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1 ‘‘(B) COHORT REMOVAL.—To remove a 

2 student from a cohort, a school or local edu3 cational agency shall require documentation to 

4 confirm that the student has transferred out, 

5 emigrated to another country, transferred to a 

6 prison or juvenile facility, or is deceased. 

7 ‘‘(C) TRANSFERRED OUT.— 

8 ‘‘(i) IN GENERAL.—For purposes of 

9 this paragraph, the term ‘transferred out’ 

10 means a student who the high school or 

11 local educational agency has confirmed, ac12 cording to clause (ii), has transferred— 

13 ‘‘(I) to another school from which 

14 the student is expected to receive a 

15 regular high school diploma; or 

16 ‘‘(II) to another educational pro17 gram from which the student is ex18 pected to receive a regular high school 

19 diploma. 

20 ‘‘(ii) CONFIRMATION REQUIRE21 MENTS.— 

22 ‘‘(I) DOCUMENTATION RE23 QUIRED.—The confirmation of a stu24 dent’s transfer to another school or 

25 educational program described in 
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1 clause (i) requires documentation 

2 from the receiving school or program 

3 that the student enrolled in the receiv4 ing school or program. 

5 ‘‘(II) LACK OF CONFIRMATION.— 

6 A student who was enrolled, but for 

7 whom there is no confirmation of the 

8 student having transferred out, shall 

9 remain in the adjusted cohort. 

10 ‘‘(iii) PROGRAMS NOT PROVIDING

11 CREDIT.—A student who is retained in 

12 grade or who is enrolled in a GED or other 

13 alternative educational program that does 

14 not issue or provide credit toward the 

15 issuance of a regular high school diploma 

16 shall not be considered transferred out and 

17 shall remain in the adjusted cohort. 

18 ‘‘(D) SPECIAL RULE.—For those high 

19 schools that start after grade 9, the original co20 hort shall be calculated for the earliest high 

21 school grade students attend no later than the 

22 effective date for student membership data sub23 mitted annually by State educational agencies 

24 to the National Center for Education Statistics 
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1 pursuant to section 153 of the Education 

2 Sciences Reform Act. 

3 ‘‘(24) FREE PUBLIC EDUCATION.—The term 

4 ‘free public education’ means education that is pro5 vided— 

6 ‘‘(A) at public expense, under public super7 vision and direction, and without tuition charge; 

8 and 

9 ‘‘(B) as elementary school or secondary 

10 school education as determined under applicable 

11 State law, except that the term does not include 

12 any education provided beyond grade 12. 

13 ‘‘(25) GIFTED AND TALENTED.—The term 

14 ‘gifted and talented’, when used with respect to stu15 dents, children, or youth, means students, children, 

16 or youth who give evidence of high achievement ca17 pability in areas such as intellectual, creative, artis18 tic, or leadership capacity, or in specific academic 

19 fields, and who need services or activities not ordi20 narily provided by the school in order to fully de21 velop those capabilities. 

22 ‘‘(26) HIGH-QUALITY ACADEMIC TUTORING.— 

23 The term ‘high-quality academic tutoring’ means 

24 supplemental academic services that— 
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1 ‘‘(A) are in addition to instruction pro2 vided during the school day; 

3 ‘‘(B) are provided by a non-governmental 

4 entity or local educational agency that— 

5 ‘‘(i) is included on a State educational 

6 agency approved provider list after dem7 onstrating to the State educational agency 

8 that its program consistently improves the 

9 academic achievement of students; and 

10 ‘‘(ii) agrees to provide parents of chil11 dren receiving high-quality academic tutor12 ing, the appropriate local educational agen13 cy, and school with information on partici14 pating students increases in academic 

15 achievement, in a format, and to the extent 

16 practicable, a language that such parent 

17 can understand, and in a manner that pro18 tects the privacy of individuals consistent 

19 with section 444 of the General Education 

20 Provisions Act (20 U.S.C. 1232g); 

21 ‘‘(C) are selected by the parents of stu22 dents who are identified by the local educational 

23 agency as being eligible for such services from 

24 among providers on the approved provider list 

25 described in subparagraph (B)(i); 
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1 ‘‘(D) meet all applicable Federal, State, 

2 and local health, safety, and civil rights laws; 

3 and 

4 ‘‘(E) ensure that all instruction and con5 tent are secular, neutral, and non-ideological. 

6 ‘‘(27) HIGH SCHOOL.—The term ‘high school’ 

7 means a secondary school that— 

8 ‘‘(A) grants a diploma, as defined by the 

9 State; and 

10 ‘‘(B) includes, at least, grade 12. 

11 ‘‘(28) INSTITUTION OF HIGHER EDUCATION.— 

12 The term ‘institution of higher education’ has the 

13 meaning given that term in section 101(a) of the 

14 Higher Education Act of 1965. 

15 ‘‘(29) LOCAL EDUCATIONAL AGENCY.— 

16 ‘‘(A) IN GENERAL.—The term ‘local edu17 cational agency’ means a public board of edu18 cation or other public authority legally con19 stituted within a State for either administrative 

20 control or direction of, or to perform a service 

21 function for, public elementary schools or sec22 ondary schools in a city, county, township, 

23 school district, or other political subdivision of 

24 a State, or of or for a combination of school 

25 districts or counties that is recognized in a 
384 

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1 State as an administrative agency for its public 

2 elementary schools or secondary schools. 

3 ‘‘(B) ADMINISTRATIVE CONTROL AND DI4 RECTION.—The term includes any other public 

5 institution or agency having administrative con6 trol and direction of a public elementary school 

7 or secondary school. 

8 ‘‘(C) BIE SCHOOLS.—The term includes 

9 an elementary school or secondary school fund10 ed by the Bureau of Indian Education but only 

11 to the extent that including the school makes 

12 the school eligible for programs for which spe13 cific eligibility is not provided to the school in 

14 another provision of law and the school does not 

15 have a student population that is smaller than 

16 the student population of the local educational 

17 agency receiving assistance under this Act with 

18 the smallest student population, except that the 

19 school shall not be subject to the jurisdiction of 

20 any State educational agency other than the 

21 Bureau of Indian Education. 

22 ‘‘(D) EDUCATIONAL SERVICE AGENCIES.— 

23 The term includes educational service agencies 

24 and consortia of those agencies. 
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1 ‘‘(E) STATE EDUCATIONAL AGENCY.—The 

2 term includes the State educational agency in a 

3 State in which the State educational agency is 

4 the sole educational agency for all public 

5 schools. 

6 ‘‘(30) 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. 

11 ‘‘(31) OTHER STAFF.—The term ‘other staff’ 

12 means specialized instructional support personnel, li13 brarians, career guidance and counseling personnel, 

14 education aides, and other instructional and admin15 istrative personnel. 

16 ‘‘(32) OUTLYING AREA.—The term ‘outlying 

17 area’— 

18 ‘‘(A) means American Samoa, the Com19 monwealth of the Northern Mariana Islands, 

20 Guam, and the United States Virgin Islands; 

21 ‘‘(B) means the Republic of Palau, to the 

22 extent permitted under section 105(f)(1)(B)(ix) 

23 of the Compact of Free Association Amend24 ments Act of 2003 (Public Law 99–658; 117 

25 Stat. 2751) and until an agreement for the ex-
386 

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1 tension of United States education assistance 

2 under the Compact of Free Association becomes 

3 effective for the Republic of Palau; and 

4 ‘‘(C) for the purpose of any discretionary 

5 grant program under this Act, includes the Re6 public of the Marshall Islands and the Fed7 erated States of Micronesia, to the extent per8 mitted under section 105(f)(1)(B)(viii) of the 

9 Compact of Free Association Amendments Act 

10 of 2003 (Public Law 108–188; 117 Stat. 

11 2751). 

12 ‘‘(33) PARENT.—The term ‘parent’ includes a 

13 legal guardian or other person standing in loco 

14 parentis (such as a grandparent, stepparent, or fos15 ter parent with whom the child lives, or a person 

16 who is legally responsible for the child’s welfare). 

17 ‘‘(34) PARENTAL INVOLVEMENT.—The term 

18 ‘parental involvement’ means the participation of 

19 parents in regular, two-way, and meaningful commu20 nication involving student academic learning and 

21 other school activities, including ensuring— 

22 ‘‘(A) that parents play an integral role in 

23 assisting in their child’s learning; 
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1 ‘‘(B) that parents are encouraged to be ac2 tively involved in their child’s education at 

3 school; 

4 ‘‘(C) that parents are full partners in their 

5 child’s education and are included, as appro6 priate, in decisionmaking and on advisory com7 mittees to assist in the education of their child; 

8 and 

9 ‘‘(D) the carrying out of other activities, 

10 such as those described in section 1118. 

11 ‘‘(35) 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) applicable to a family of 

16 the size involved. 

17 ‘‘(36) PROFESSIONAL DEVELOPMENT.—The 

18 term ‘professional development’— 

19 ‘‘(A) includes evidence-based, job-embed20 ded, continuous activities that— 

21 ‘‘(i) improve and increase teachers’ 

22 knowledge of the academic subjects the 

23 teachers teach, and enable teachers to be24 come effective educators; 
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1 ‘‘(ii) are an integral part of broad 

2 schoolwide and districtwide educational im3 provement plans; 

4 ‘‘(iii) give teachers, school leaders, 

5 other staff, and administrators the knowl6 edge and skills to provide students with 

7 the opportunity to meet State academic 

8 standards; 

9 ‘‘(iv) improve classroom management 

10 skills; 

11 ‘‘(v)(I) have a positive and lasting im12 pact on classroom instruction and the 

13 teacher’s performance in the classroom; 

14 and 

15 ‘‘(II) are not 1-day or short-term 

16 workshops or conferences; 

17 ‘‘(vi) support the recruiting, hiring, 

18 and training of effective teachers, including 

19 teachers who became certified or licensed 

20 through State and local alternative routes 

21 to certification; 

22 ‘‘(vii) advance teacher understanding 

23 of effective instructional strategies that are 

24 strategies for improving student academic 

25 achievement or substantially increasing the 
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1 knowledge and teaching skills of teachers, 

2 including through addressing the social 

3 and emotional development needs of stu4 dents; 

5 ‘‘(viii) are aligned with and directly 

6 related to— 

7 ‘‘(I) State academic standards 

8 and assessments; and 

9 ‘‘(II) the curricula and programs 

10 tied to the standards described in sub11 clause (I); 

12 ‘‘(ix) are developed with extensive par13 ticipation of teachers, school leaders, par14 ents, and administrators of schools to be 

15 served under this Act; 

16 ‘‘(x) are designed to give teachers of 

17 English learners and other teachers and 

18 instructional staff, the knowledge and 

19 skills to provide instruction and appro20 priate language and academic support 

21 services to those children, including the ap22 propriate use of curricula and assessments; 

23 ‘‘(xi) to the extent appropriate, pro24 vide training for teachers, other staff, and 

25 school leaders in the use of technology so 
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1 that technology and technology applica2 tions are effectively used to improve teach3 ing and learning in the curricula and core 

4 academic subjects in which the students re5 ceive instruction; 

6 ‘‘(xii) as a whole, are regularly evalu7 ated for their impact on increased teacher 

8 effectiveness and improved student aca9 demic achievement, with the findings of 

10 the evaluations used to improve the quality 

11 of the professional development; 

12 ‘‘(xiii) provide instruction in methods 

13 of teaching children with special needs; 

14 ‘‘(xiv) include instruction in the use of 

15 data and assessments to inform and in16 struct classroom practice; and 

17 ‘‘(xv) include instruction in ways that 

18 teachers, school leaders, specialized in19 structional support personnel, other staff, 

20 and school administrators may work more 

21 effectively with parents; and 

22 ‘‘(B) may include evidence-based, job-em23 bedded, continuous activities that— 

24 ‘‘(i) involve the forming of partner25 ships with institutions of higher education 
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1 to establish school-based teacher training 

2 programs that provide prospective teachers 

3 and new teachers with an opportunity to 

4 work under the guidance of experienced 

5 teachers and college faculty; 

6 ‘‘(ii) create programs to enable para7 professionals (assisting teachers employed 

8 by a local educational agency receiving as9 sistance under subpart 1 of part A of title 

10 I) to obtain the education necessary for 

11 those paraprofessionals to become certified 

12 and licensed teachers; and 

13 ‘‘(iii) provide follow-up training to in14 dividuals who have participated in activi15 ties described in subparagraph (A) or an16 other clause of this subparagraph that are 

17 designed to ensure that the knowledge and 

18 skills learned by the teachers are imple19 mented in the classroom. 

20 ‘‘(37) REGULAR HIGH SCHOOL DIPLOMA.— 

21 ‘‘(A) IN GENERAL.—The term ‘regular 

22 high school diploma’ means the standard high 

23 school diploma awarded to the preponderance of 

24 students in the State that is fully aligned with 

25 State standards, or a higher diploma. Such 
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1 term shall not include a GED or other recog2 nized equivalent of a diploma, a certificate of 

3 attendance, or any lesser diploma award. 

4 ‘‘(B) EXCEPTION FOR STUDENTS WITH

5 SIGNIFICANT COGNITIVE DISABILITIES.—For a 

6 student who is assessed using an alternate as7 sessment aligned to alternate academic stand8 ards under section 1111(b)(1)(D), receipt of a 

9 regular high school diploma as defined under 

10 subparagraph (A) or a State-defined alternate 

11 diploma obtained within the time period for 

12 which the State ensures the availability of a 

13 free appropriate public education and in accord14 ance with section 612(a)(1) of the Individuals 

15 with Disabilities Education Act shall be counted 

16 as graduating with a regular high school di17 ploma for the purposes of this Act. 

18 ‘‘(38) SCHOOL LEADER.—The term ‘school 

19 leader’ means a principal, assistant principal, or 

20 other individual who is— 

21 ‘‘(A) an employee or officer of a school, 

22 local educational agency, or other entity oper23 ating the school; and 

24 ‘‘(B) responsible for— 
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1 ‘‘(i) the daily instructional leadership 

2 and managerial operations of the school; 

3 and 

4 ‘‘(ii) creating the optimum conditions 

5 for student learning. 

6 ‘‘(39) SECONDARY SCHOOL.—The term ‘sec7 ondary school’ means a nonprofit institutional day or 

8 residential school, including a public secondary char9 ter school, that provides secondary education, as de10 termined under State law, except that the term does 

11 not include any education beyond grade 12. 

12 ‘‘(40) SECRETARY.—The term ‘Secretary’ 

13 means the Secretary of Education. 

14 ‘‘(41) SPECIALIZED INSTRUCTIONAL SUPPORT

15 PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT

16 SERVICES.— 

17 ‘‘(A) SPECIALIZED INSTRUCTIONAL SUP18 PORT PERSONNEL.—The term ‘specialized in19 structional support personnel’ means school 

20 counselors, school social workers, school psy21 chologists, and other qualified professional per22 sonnel involved in providing assessment, diag23 nosis, counseling, educational, therapeutic, and 

24 other necessary services (including related serv25 ices as that term is defined in section 602 of 
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1 the Individuals with Disabilities Education Act) 

2 as part of a comprehensive program to meet 

3 student needs. 

4 ‘‘(B) SPECIALIZED INSTRUCTIONAL SUP5 PORT SERVICES.—The term ‘specialized instruc6 tional support services’ means the services pro7 vided by specialized instructional support per8 sonnel. 

9 ‘‘(42) STATE.—The term ‘State’ means each of 

10 the 50 States, the District of Columbia, the Com11 monwealth of Puerto Rico, and each of the outlying 

12 areas. 

13 ‘‘(43) STATE EDUCATIONAL AGENCY.—The 

14 term ‘State educational agency’ means the agency 

15 primarily responsible for the State supervision of 

16 public elementary schools and secondary schools. 

17 ‘‘(44) TECHNOLOGY.—The term ‘technology’ 

18 means modern information, computer and commu19 nication technology products, services, or tools, in20 cluding, but not limited to, the Internet and other 

21 communications networks, computer devices and 

22 other computer and communications hardware, soft23 ware applications, data systems, and other electronic 

24 content and data storage. 
395 

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1 ‘‘SEC. 5102. APPLICABILITY OF TITLE. 

2 ‘‘Parts B, C, D, and E of this title do not apply to 

3 title IV of this Act. 

4 ‘‘SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDU5 CATION OPERATED SCHOOLS. 

6 ‘‘For the purpose of any competitive program under 

7 this Act— 

8 ‘‘(1) a consortium of schools operated by the 

9 Bureau of Indian Education; 

10 ‘‘(2) a school operated under a contract or 

11 grant with the Bureau of Indian Education in con12 sortium with another contract or grant school or a 

13 tribal or community organization; or 

14 ‘‘(3) a Bureau of Indian Education school in 

15 consortium with an institution of higher education, 

16 a contract or grant school, or a tribal or community 

17 organization, 

18 shall be given the same consideration as a local edu19 cational agency. 

20 ‘‘PART B—FLEXIBILITY IN THE USE OF 

21 ADMINISTRATIVE AND OTHER FUNDS 

22 ‘‘SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE 

23 FUNDS FOR ELEMENTARY AND SECONDARY 

24 EDUCATION PROGRAMS. 

25 ‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— 
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1 ‘‘(1) IN GENERAL.—A State educational agency 

2 may consolidate the amounts specifically made avail3 able to it for State administration under one or 

4 more of the programs under paragraph (2). 

5 ‘‘(2) APPLICABILITY.—This section applies to 

6 any program under this Act under which funds are 

7 authorized to be used for administration, and such 

8 other programs as the Secretary may designate. 

9 ‘‘(b) USE OF FUNDS.— 

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

11 shall use the amount available under this section for 

12 the administration of the programs included in the 

13 consolidation under subsection (a). 

14 ‘‘(2) ADDITIONAL USES.—A State educational 

15 agency may also use funds available under this sec16 tion for administrative activities designed to enhance 

17 the effective and coordinated use of funds under pro18 grams included in the consolidation under subsection 

19 (a), such as— 

20 ‘‘(A) the coordination of those programs 

21 with other Federal and non-Federal programs; 

22 ‘‘(B) the establishment and operation of 

23 peer-review mechanisms under this Act; 

24 ‘‘(C) the administration of this title; 
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1 ‘‘(D) the dissemination of information re2 garding model programs and practices; 

3 ‘‘(E) technical assistance under any pro4 gram under this Act; 

5 ‘‘(F) State-level activities designed to carry 

6 out this title; 

7 ‘‘(G) training personnel engaged in audit 

8 and other monitoring activities; and 

9 ‘‘(H) implementation of the Cooperative 

10 Audit Resolution and Oversight Initiative of the 

11 Department. 

12 ‘‘(c) RECORDS.—A State educational agency that 

13 consolidates administrative funds under this section shall 

14 not be required to keep separate records, by individual 

15 program, to account for costs relating to the administra16 tion of programs included in the consolidation under sub17 section (a). 

18 ‘‘(d) REVIEW.—To determine the effectiveness of 

19 State administration under this section, the Secretary may 

20 periodically review the performance of State educational 

21 agencies in using consolidated administrative funds under 

22 this section and take such steps as the Secretary finds 

23 appropriate to ensure the effectiveness of that administra24 tion. 
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1 ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State 

2 educational agency does not use all of the funds available 

3 to the agency under this section for administration, the 

4 agency may use those funds during the applicable period 

5 of availability as funds available under one or more pro6 grams included in the consolidation under subsection (a). 

7 ‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS

8 AND ASSESSMENT DEVELOPMENT.—In order to develop 

9 State academic standards and assessments, a State edu10 cational agency may consolidate the amounts described in 

11 subsection (a) for those purposes under title I. 

12 ‘‘SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 

13 ‘‘A State educational agency that also serves as a 

14 local educational agency shall, in its applications or plans 

15 under this Act, describe how the agency will eliminate du16 plication in conducting administrative functions. 

17 ‘‘SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT 

18 OF THE INTERIOR FUNDS. 

19 ‘‘(a) GENERAL AUTHORITY.— 

20 ‘‘(1) TRANSFER.—The Secretary shall transfer 

21 to the Department of the Interior, as a consolidated 

22 amount for covered programs, the Indian education 

23 programs under subpart 6 of part A of title I, and 

24 the education for homeless children and youth pro25 gram under subtitle B of title VII of the McKinney- 
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•HR 5 EH

1 Vento Homeless Assistance Act, the amounts allot2 ted to the Department of the Interior under those 

3 programs. 

4 ‘‘(2) AGREEMENT.— 

5 ‘‘(A) IN GENERAL.—The Secretary and the 

6 Secretary of the Interior shall enter into an 

7 agreement, consistent with the requirements of 

8 the programs specified in paragraph (1), for the 

9 distribution and use of those program funds 

10 under terms that the Secretary determines best 

11 meet the purposes of those programs. 

12 ‘‘(B) CONTENTS.—The agreement shall— 

13 ‘‘(i) set forth the plans of the Sec14 retary of the Interior for the use of the 

15 amount transferred and the achievement 

16 measures to assess program effectiveness; 

17 and 

18 ‘‘(ii) be developed in consultation with 

19 Indian tribes. 

20 ‘‘(b) ADMINISTRATION.—The Department of the In21 terior may use not more than 1.5 percent of the funds 

22 consolidated under this section for its costs related to the 

23 administration of the funds transferred under this section. 
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1 ‘‘PART C—COORDINATION OF PROGRAMS; CON2 SOLIDATED STATE AND LOCAL PLANS AND 

3 APPLICATIONS 

4 ‘‘SEC. 5301. PURPOSES. 

5 ‘‘The purposes of this part are— 

6 ‘‘(1) to improve teaching and learning by en7 couraging greater cross-program coordination, plan8 ning, and service delivery; 

9 ‘‘(2) to provide greater flexibility to State and 

10 local authorities through consolidated plans, applica11 tions, and reporting; and 

12 ‘‘(3) to enhance the integration of programs 

13 under this Act with State and local programs. 

14 ‘‘SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR 

15 APPLICATIONS. 

16 ‘‘(a) GENERAL AUTHORITY.— 

17 ‘‘(1) SIMPLIFICATION.—In order to simplify ap18 plication requirements and reduce the burden for 

19 State educational agencies under this Act, the Sec20 retary, in accordance with subsection (b), shall es21 tablish procedures and criteria under which, after 

22 consultation with the Governor, a State educational 

23 agency may submit a consolidated State plan or a 

24 consolidated State application meeting the require25 ments of this section for— 
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1 ‘‘(A) each of the covered programs in 

2 which the State participates; and 

3 ‘‘(B) such other programs as the Secretary 

4 may designate. 

5 ‘‘(2) CONSOLIDATED APPLICATIONS AND

6 PLANS.—After consultation with the Governor, a 

7 State educational agency that submits a consolidated 

8 State plan or a consolidated State application under 

9 this section shall not be required to submit separate 

10 State plans or applications under any of the pro11 grams to which the consolidated State plan or con12 solidated State application under this section ap13 plies. 

14 ‘‘(b) COLLABORATION.— 

15 ‘‘(1) IN GENERAL.—In establishing criteria and 

16 procedures under this section, the Secretary shall 

17 collaborate with State educational agencies and, as 

18 appropriate, with other State agencies, local edu19 cational agencies, public and private agencies, orga20 nizations, and institutions, private schools, and par21 ents, students, and teachers. 

22 ‘‘(2) CONTENTS.—Through the collaborative 

23 process described in paragraph (1), the Secretary 

24 shall establish, for each program under this Act to 

25 which this section applies, the descriptions, informa-
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1 tion, assurances, and other material required to be 

2 included in a consolidated State plan or consolidated 

3 State application. 

4 ‘‘(3) NECESSARY MATERIALS.—The Secretary 

5 shall require only descriptions, information, assur6 ances (including assurances of compliance with ap7 plicable provisions regarding participation by private 

8 school children and teachers), and other materials 

9 that are absolutely necessary for the consideration of 

10 the consolidated State plan or consolidated State ap11 plication. 

12 ‘‘SEC. 5303. CONSOLIDATED REPORTING. 

13 ‘‘(a) IN GENERAL.—In order to simplify reporting re14 quirements and reduce reporting burdens, the Secretary 

15 shall establish procedures and criteria under which a State 

16 educational agency, in consultation with the Governor of 

17 the State, may submit a consolidated State annual report. 

18 ‘‘(b) CONTENTS.—The report shall contain informa19 tion about the programs included in the report, including 

20 the performance of the State under those programs, and 

21 other matters as the Secretary determines are necessary, 

22 such as monitoring activities. 

23 ‘‘(c) REPLACEMENT.—The report shall replace sepa24 rate individual annual reports for the programs included 

25 in the consolidated State annual report. 
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1 ‘‘SEC. 5304. GENERAL APPLICABILITY OF STATE EDU2 CATIONAL AGENCY ASSURANCES. 

3 ‘‘(a) ASSURANCES.—A State educational agency, in 

4 consultation with the Governor of the State, that submits 

5 a consolidated State plan or consolidated State application 

6 under this Act, whether separately or under section 5302, 

7 shall have on file with the Secretary a single set of assur8 ances, applicable to each program for which the plan or 

9 application is submitted, that provides that— 

10 ‘‘(1) each such program will be administered in 

11 accordance with all applicable statutes, regulations, 

12 program plans, and applications; 

13 ‘‘(2)(A) the control of funds provided under 

14 each such program and title to property acquired 

15 with program funds will be in a public agency, an 

16 eligible private agency, institution, or organization, 

17 or an Indian tribe, if the law authorizing the pro18 gram provides for assistance to those entities; and 

19 ‘‘(B) the public agency, eligible private agency, 

20 institution, or organization, or Indian tribe will ad21 minister those funds and property to the extent re22 quired by the authorizing law; 

23 ‘‘(3) the State will adopt and use proper meth24 ods of administering each such program, including— 

25 ‘‘(A) the enforcement of any obligations 

26 imposed by law on agencies, institutions, orga-
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1 nizations, and other recipients responsible for 

2 carrying out each program; 

3 ‘‘(B) the correction of deficiencies in pro4 gram operations that are identified through au5 dits, monitoring, or evaluation; and 

6 ‘‘(C) the adoption of written procedures for 

7 the receipt and resolution of complaints alleging 

8 violations of law in the administration of the 

9 programs; 

10 ‘‘(4) the State will cooperate in carrying out 

11 any evaluation of each such program conducted by 

12 or for the Secretary or other Federal officials; 

13 ‘‘(5) the State will use such fiscal control and 

14 fund accounting procedures that will ensure proper 

15 disbursement of, and accounting for, Federal funds 

16 paid to the State under each such program; 

17 ‘‘(6) the State will— 

18 ‘‘(A) make reports to the Secretary as may 

19 be necessary to enable the Secretary to perform 

20 the Secretary’s duties under each such pro21 gram; and 

22 ‘‘(B) maintain such records, provide such 

23 information to the Secretary, and afford such 

24 access to the records as the Secretary may find 
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1 necessary to carry out the Secretary’s duties; 

2 and 

3 ‘‘(7) before the plan or application was sub4 mitted to the Secretary, the State afforded a reason5 able opportunity for public comment on the plan or 

6 application and considered such comment. 

7 ‘‘(b) GEPA PROVISION.—Section 441 of the General 

8 Education Provisions Act shall not apply to programs 

9 under this Act. 

10 ‘‘SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICA11 TIONS. 

12 ‘‘(a) GENERAL AUTHORITY.— 

13 ‘‘(1) CONSOLIDATED PLAN.—A local edu14 cational agency receiving funds under more than one 

15 covered program may submit plans or applications 

16 to the State educational agency under those pro17 grams on a consolidated basis. 

18 ‘‘(2) AVAILABILITY TO GOVERNOR.—The State 

19 educational agency shall make any consolidated local 

20 plans and applications available to the Governor. 

21 ‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA22 TIONS.—A State educational agency that has an approved 

23 consolidated State plan or application under section 5302 

24 may require local educational agencies in the State receiv25 ing funds under more than one program included in the 
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1 consolidated State plan or consolidated State application 

2 to submit consolidated local plans or applications under 

3 those programs, but may not require those agencies to 

4 submit separate plans. 

5 ‘‘(c) COLLABORATION.—A State educational agency, 

6 in consultation with the Governor, shall collaborate with 

7 local educational agencies in the State in establishing pro8 cedures for the submission of the consolidated State plans 

9 or consolidated State applications under this section. 

10 ‘‘(d) NECESSARY MATERIALS.—The State edu11 cational agency shall require only descriptions, informa12 tion, assurances, and other material that are absolutely 

13 necessary for the consideration of the local educational 

14 agency plan or application. 

15 ‘‘SEC. 5306. OTHER GENERAL ASSURANCES. 

16 ‘‘(a) ASSURANCES.—Any applicant, other than a 

17 State educational agency that submits a plan or applica18 tion under this Act, shall have on file with the State edu19 cational agency a single set of assurances, applicable to 

20 each program for which a plan or application is submitted, 

21 that provides that— 

22 ‘‘(1) each such program will be administered in 

23 accordance with all applicable statutes, regulations, 

24 program plans, and applications; 
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1 ‘‘(2)(A) the control of funds provided under 

2 each such program and title to property acquired 

3 with program funds will be in a public agency or in 

4 an eligible private agency, institution, organization, 

5 or Indian tribe, if the law authorizing the program 

6 provides for assistance to those entities; and 

7 ‘‘(B) the public agency, eligible private agency, 

8 institution, or organization, or Indian tribe will ad9 minister the funds and property to the extent re10 quired by the authorizing statutes; 

11 ‘‘(3) the applicant will adopt and use proper 

12 methods of administering each such program, in13 cluding— 

14 ‘‘(A) the enforcement of any obligations 

15 imposed by law on agencies, institutions, orga16 nizations, and other recipients responsible for 

17 carrying out each program; and 

18 ‘‘(B) the correction of deficiencies in pro19 gram operations that are identified through au20 dits, monitoring, or evaluation; 

21 ‘‘(4) the applicant will cooperate in carrying out 

22 any evaluation of each such program conducted by 

23 or for the State educational agency, the Secretary, 

24 or other Federal officials; 
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1 ‘‘(5) the applicant will use such fiscal control 

2 and fund accounting procedures as will ensure prop3 er disbursement of, and accounting for, Federal 

4 funds paid to the applicant under each such pro5 gram; 

6 ‘‘(6) the applicant will— 

7 ‘‘(A) submit such reports to the State edu8 cational agency (which shall make the reports 

9 available to the Governor) and the Secretary as 

10 the State educational agency and Secretary may 

11 require to enable the State educational agency 

12 and the Secretary to perform their duties under 

13 each such program; and 

14 ‘‘(B) maintain such records, provide such 

15 information, and afford such access to the 

16 records as the State educational agency (after 

17 consultation with the Governor) or the Sec18 retary may reasonably require to carry out the 

19 State educational agency’s or the Secretary’s 

20 duties; and 

21 ‘‘(7) before the application was submitted, the 

22 applicant afforded a reasonable opportunity for pub23 lic comment on the application and considered such 

24 comment. 
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1 ‘‘(b) GEPA PROVISION.—Section 442 of the General 

2 Education Provisions Act shall not apply to programs 

3 under this Act. 

4 ‘‘PART D—WAIVERS 

5 ‘‘SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY RE6 QUIREMENTS. 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) REQUEST FOR WAIVER.—A State edu9 cational agency, local educational agency, or Indian 

10 tribe that receives funds under a program authorized 

11 under this Act may submit a request to the Sec12 retary to waive any statutory or regulatory require13 ment of this Act. 

14 ‘‘(2) RECEIPT OF WAIVER.—Except as provided 

15 in subsection (c) and subject to the limits in sub16 section (b)(5)(A), the Secretary shall waive any stat17 utory or regulatory requirement of this Act for a 

18 State educational agency, local educational agency, 

19 Indian tribe, or school (through a local educational 

20 agency), that submits a waiver request pursuant to 

21 this subsection. 

22 ‘‘(b) PLAN.— 

23 ‘‘(1) IN GENERAL.—A State educational agen24 cy, local educational agency, or Indian tribe that de25 sires a waiver under this section shall submit a waiv-
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1 er request to the Secretary, which shall include a 

2 plan that— 

3 ‘‘(A) identifies the Federal programs af4 fected by the requested waiver; 

5 ‘‘(B) describes which Federal statutory or 

6 regulatory requirements are to be waived; 

7 ‘‘(C) reasonably demonstrates that the 

8 waiver will improve instruction for students and 

9 advance student academic achievement; 

10 ‘‘(D) describes the methods the State edu11 cational agency, local educational agency, or In12 dian tribe will use to monitor the effectiveness 

13 of the implementation of the plan; and 

14 ‘‘(E) describes how schools will continue to 

15 provide assistance to the same populations 

16 served by programs for which the waiver is re17 quested. 

18 ‘‘(2) ADDITIONAL INFORMATION.—A waiver re19 quest under this section— 

20 ‘‘(A) may provide for waivers of require21 ments applicable to State educational agencies, 

22 local educational agencies, Indian tribes, and 

23 schools; and 

24 ‘‘(B) shall be developed and submitted— 
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1 ‘‘(i)(I) by local educational agencies 

2 (on behalf of those agencies and schools) 

3 to State educational agencies; and 

4 ‘‘(II) by State educational agencies 

5 (on their own behalf, or on behalf of, and 

6 based on the requests of, local educational 

7 agencies in the State) to the Secretary; or 

8 ‘‘(ii) by Indian tribes (on behalf of 

9 schools operated by the tribes) to the Sec10 retary. 

11 ‘‘(3) GENERAL REQUIREMENTS.— 

12 ‘‘(A) STATE EDUCATIONAL AGENCIES.—In 

13 the case of a waiver request submitted by a 

14 State educational agency acting on its own be15 half, or on behalf of local educational agencies 

16 in the State, the State educational agency 

17 shall— 

18 ‘‘(i) provide the public and local edu19 cational agencies in the State with notice 

20 and a reasonable opportunity to comment 

21 and provide input on the request; 

22 ‘‘(ii) submit the comments and input 

23 to the Secretary, with a description of how 

24 the State addressed the comments and 

25 input; and 
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1 ‘‘(iii) provide notice and a reasonable 

2 time to comment to the public and local 

3 educational agencies in the manner in 

4 which the applying agency customarily pro5 vides similar notice and opportunity to 

6 comment to the public. 

7 ‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In 

8 the case of a waiver request submitted by a 

9 local educational agency that receives funds 

10 under this Act— 

11 ‘‘(i) the request shall be reviewed by 

12 the State educational agency and be ac13 companied by the comments, if any, of the 

14 State educational agency and the public; 

15 and 

16 ‘‘(ii) notice and a reasonable oppor17 tunity to comment regarding the waiver re18 quest shall be provided to the State edu19 cational agency and the public by the agen20 cy requesting the waiver in the manner in 

21 which that agency customarily provides 

22 similar notice and opportunity to comment 

23 to the public. 

24 ‘‘(4) PEER REVIEW.— 
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1 ‘‘(A) ESTABLISHMENT.—The Secretary 

2 shall establish a multi-disciplinary peer review 

3 team, which shall meet the requirements of sec4 tion 5543, to review waiver requests under this 

5 section. 

6 ‘‘(B) APPLICABILITY.—The Secretary may 

7 approve a waiver request under this section 

8 without conducting a peer review of the request, 

9 but shall use the peer review process under this 

10 paragraph before disapproving such a request. 

11 ‘‘(C) STANDARD AND NATURE OF RE12 VIEW.—Peer reviewers shall conduct a good 

13 faith review of waiver requests submitted to 

14 them under this section. Peer reviewers shall re15 view such waiver requests— 

16 ‘‘(i) in their totality; 

17 ‘‘(ii) in deference to State and local 

18 judgment; and 

19 ‘‘(iii) with the goal of promoting 

20 State- and local-led innovation. 

21 ‘‘(5) WAIVER DETERMINATION, DEMONSTRA22 TION, AND REVISION.— 

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

24 approve a waiver request not more than 60 

25 days after the date on which such request is 
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1 submitted, unless the Secretary determines and 

2 demonstrates that— 

3 ‘‘(i) the waiver request does not meet 

4 the requirements of this section; 

5 ‘‘(ii) the waiver is not permitted under 

6 subsection (c); 

7 ‘‘(iii) the plan that is required under 

8 paragraph (1)(C), and reviewed with def9 erence to State and local judgment, pro10 vides no reasonable evidence to determine 

11 that a waiver will enhance student aca12 demic achievement; or 

13 ‘‘(iv) the waiver request does not pro14 vide for adequate evaluation to ensure re15 view and continuous improvement of the 

16 plan. 

17 ‘‘(B) WAIVER DETERMINATION AND REVI18 SION.—If the Secretary determines and dem19 onstrates that the waiver request does not meet 

20 the requirements of this section, the Secretary 

21 shall— 

22 ‘‘(i) immediately— 

23 ‘‘(I) notify the State educational 

24 agency, local educational agency, or 
415 

•HR 5 EH

1 Indian tribe of such determination; 

2 and 

3 ‘‘(II) at the request of the State 

4 educational agency, local educational 

5 agency, or Indian tribe, provide de6 tailed reasons for such determination 

7 in writing; 

8 ‘‘(ii) offer the State educational agen9 cy, local educational agency, or Indian 

10 tribe an opportunity to revise and resubmit 

11 the waiver request not more than 60 days 

12 after the date of such determination; and 

13 ‘‘(iii) if the Secretary determines that 

14 the resubmission does not meet the re15 quirements of this section, at the request 

16 of the State educational agency, local edu17 cational agency, or Indian tribe, conduct a 

18 public hearing not more than 30 days after 

19 the date of such resubmission. 

20 ‘‘(C) WAIVER DISAPPROVAL.—The Sec21 retary may disapprove a waiver request if— 

22 ‘‘(i) the State educational agency, 

23 local educational agency, or Indian tribe 

24 has been notified and offered an oppor25 tunity to revise and resubmit the waiver 
416 

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1 request, as described under clauses (i) and 

2 (ii) of subparagraph (B); and 

3 ‘‘(ii) the State educational agency, 

4 local educational agency, or Indian tribe— 

5 ‘‘(I) does not revise and resubmit 

6 the waiver request; or 

7 ‘‘(II) revises and resubmits the 

8 waiver request, and the Secretary de9 termines that such waiver request 

10 does not meet the requirements of this 

11 section after a hearing conducted 

12 under subparagraph (B)(iii), if re13 quested. 

14 ‘‘(D) EXTERNAL CONDITIONS.—The Sec15 retary shall not, directly or indirectly, require or 

16 impose new or additional requirements in ex17 change for receipt of a waiver if such require18 ments are not specified in this Act. 

19 ‘‘(c) RESTRICTIONS.—The Secretary shall not waive 

20 under this section any statutory or regulatory require21 ments relating to— 

22 ‘‘(1) the allocation or distribution of funds to 

23 States, local educational agencies, Indian tribes, or 

24 other recipients of funds under this Act; 

25 ‘‘(2) comparability of services; 
417 

•HR 5 EH

1 ‘‘(3) use of Federal funds to supplement, not 

2 supplant, non-Federal funds; 

3 ‘‘(4) equitable participation of private school 

4 students and teachers; 

5 ‘‘(5) parental participation and involvement; 

6 ‘‘(6) applicable civil rights requirements; 

7 ‘‘(7) the prohibitions— 

8 ‘‘(A) in subpart 2 of part E; 

9 ‘‘(B) regarding use of funds for religious 

10 worship or instruction in section 5505; and 

11 ‘‘(C) regarding activities in section 5524; 

12 or 

13 ‘‘(8) the selection of a school attendance area or 

14 school under subsections (a) and (b) of section 1113, 

15 except that the Secretary may grant a waiver to 

16 allow a school attendance area or school to partici17 pate in activities under subpart 1 of part A of title 

18 I if the percentage of children from low-income fami19 lies in the school attendance area or who attend the 

20 school is not more than 10 percentage points below 

21 the lowest percentage of those children for any 

22 school attendance area or school of the local edu23 cational agency that meets the requirements of sub24 sections (a) and (b) of section 1113. 
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1 ‘‘(d) DURATION AND EXTENSION OF WAIVER; LIMI2 TATIONS.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), a waiver approved by the Secretary under 

5 this section may be for a period not to exceed 3 

6 years. 

7 ‘‘(2) EXTENSION.—The Secretary may extend 

8 the period described in paragraph (1) if the State 

9 demonstrates that— 

10 ‘‘(A) the waiver has been effective in ena11 bling the State or affected recipient to carry out 

12 the activities for which the waiver was re13 quested and the waiver has contributed to im14 proved student achievement; and 

15 ‘‘(B) the extension is in the public interest. 

16 ‘‘(3) SPECIFIC LIMITATIONS.—The Secretary 

17 shall not require a State educational agency, local 

18 educational agency, or Indian tribe, as a condition of 

19 approval of a waiver request, to— 

20 ‘‘(A) include in, or delete from, such re21 quest, specific academic standards, such as the 

22 Common Core State Standards developed under 

23 the Common Core State Standards Initiative or 

24 any other standards common to a significant 

25 number of States; 
419 

•HR 5 EH

1 ‘‘(B) use specific academic assessment in2 struments or items, including assessments 

3 aligned to the standards described in subpara4 graph (A); or 

5 ‘‘(C) include in, or delete from, such waiv6 er request any criterion that specifies, defines, 

7 describes, or prescribes the standards or meas8 ures that a State or local educational agency or 

9 Indian tribe uses to establish, implement, or im10 prove— 

11 ‘‘(i) State academic standards; 

12 ‘‘(ii) academic assessments; 

13 ‘‘(iii) State accountability systems; or 

14 ‘‘(iv) teacher and school leader evalua15 tion systems. 

16 ‘‘(e) REPORTS.— 

17 ‘‘(1) WAIVER REPORTS.—A State educational 

18 agency, local educational agency, or Indian tribe 

19 that receives a waiver under this section shall, at the 

20 end of the second year for which a waiver is received 

21 under this section and each subsequent year, submit 

22 a report to the Secretary that— 

23 ‘‘(A) describes the uses of the waiver by 

24 the agency or by schools; 
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1 ‘‘(B) describes how schools continued to 

2 provide assistance to the same populations 

3 served by the programs for which waivers were 

4 granted; and 

5 ‘‘(C) evaluates the progress of the agency 

6 and schools, or Indian tribe, in improving the 

7 quality of instruction or the academic achieve8 ment of students. 

9 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

10 shall annually submit to the Committee on Edu11 cation and the Workforce of the House of Rep12 resentatives and the Committee on Health, Edu13 cation, Labor, and Pensions of the Senate a re14 port— 

15 ‘‘(A) summarizing the uses of waivers by 

16 State educational agencies, local educational 

17 agencies, Indian tribes, and schools; and 

18 ‘‘(B) describing the status of the waivers 

19 in improving academic achievement. 

20 ‘‘(f) TERMINATION OF WAIVERS.—The Secretary 

21 shall terminate a waiver under this section if the Secretary 

22 determines, after notice and an opportunity for a hearing, 

23 that the performance of the State or other recipient af24 fected by the waiver has been inadequate to justify a con25 tinuation of the waiver and the recipient of the waiver has 
421 

•HR 5 EH

1 failed to make revisions needed to carry out the purpose 

2 of the waiver, or if the waiver is no longer necessary to 

3 achieve its original purpose. 

4 ‘‘(g) PUBLICATION.—A notice of the Secretary’s deci5 sion to grant each waiver under subsection (a) shall be 

6 published in the Federal Register and the Secretary shall 

7 provide for the dissemination of the notice to State edu8 cational agencies, interested parties, including educators, 

9 parents, students, advocacy and civil rights organizations, 

10 and the public. 

11 ‘‘PART E—UNIFORM PROVISIONS 

12 ‘‘Subpart 1—Private Schools 

13 ‘‘SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHIL14 DREN AND TEACHERS. 

15 ‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 

16 ‘‘(1) IN GENERAL.—Except as otherwise pro17 vided in this Act, to the extent consistent with the 

18 number of eligible children in areas served by a 

19 State educational agency, local educational agency, 

20 educational service agency, consortium of those 

21 agencies, or another entity receiving financial assist22 ance under a program specified in subsection (b), 

23 who are enrolled in private elementary schools and 

24 secondary schools in areas served by such agency, 

25 consortium, or entity, the agency, consortium, or en-
422 

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1 tity shall, after timely and meaningful consultation 

2 with appropriate private school officials or their rep3 resentatives, provide to those children and their 

4 teachers or other educational personnel, on an equi5 table basis, special educational services or other ben6 efits that address their needs under the program. 

7 ‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOG8 ICAL SERVICES OR BENEFITS.—Educational services 

9 or other benefits, including materials and equipment, 

10 provided under this section, shall be secular, neutral, 

11 and nonideological. 

12 ‘‘(3) SPECIAL RULE.—Educational services and 

13 other benefits provided under this section for private 

14 school children, teachers, and other educational per15 sonnel shall be equitable in comparison to services 

16 and other benefits for public school children, teach17 ers, and other educational personnel participating in 

18 the program and shall be provided in a timely man19 ner. 

20 ‘‘(4) EXPENDITURES.— 

21 ‘‘(A) IN GENERAL.—Expenditures for edu22 cational services and other benefits to eligible 

23 private school children, teachers, and other 

24 service personnel shall be equal to the expendi25 tures for participating public school children, 
423 

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1 taking into account the number and educational 

2 needs, of the children to be served. 

3 ‘‘(B) OBLIGATION OF FUNDS.—Funds allo4 cated to a local educational agency for edu5 cational services and other benefits to eligible 

6 private school children shall— 

7 ‘‘(i) be obligated in the fiscal year for 

8 which the funds are received by the agen9 cy; and 

10 ‘‘(ii) with respect to any such funds 

11 that cannot be so obligated, be used to 

12 serve such children in the following fiscal 

13 year. 

14 ‘‘(C) NOTICE OF ALLOCATION.—Each 

15 State educational agency shall— 

16 ‘‘(i) determine, in a timely manner, 

17 the proportion of funds to be allocated to 

18 each local educational agency in the State 

19 for educational services and other benefits 

20 under this subpart to eligible private school 

21 children; and 

22 ‘‘(ii) provide notice, simultaneously, to 

23 each such local educational agency and the 

24 appropriate private school officials or their 
424 

•HR 5 EH

1 representatives in the State of such alloca2 tion of funds. 

3 ‘‘(5) PROVISION OF SERVICES.—An agency, 

4 consortium, or entity described in subsection (a)(1) 

5 of this section may provide those services directly or 

6 through contracts with public and private agencies, 

7 organizations, and institutions. 

8 ‘‘(b) APPLICABILITY.— 

9 ‘‘(1) IN GENERAL.—This section applies to pro10 grams under— 

11 ‘‘(A) subpart 2 of part A of title I; 

12 ‘‘(B) subpart 4 of part A of title I; 

13 ‘‘(C) part A of title II; 

14 ‘‘(D) part B of title II; and 

15 ‘‘(E) part B of title III. 

16 ‘‘(2) DEFINITION.—For the purpose of this sec17 tion, the term ‘eligible children’ means children eligi18 ble for services under a program described in para19 graph (1). 

20 ‘‘(c) CONSULTATION.— 

21 ‘‘(1) IN GENERAL.—To ensure timely and 

22 meaningful consultation, a State educational agency, 

23 local educational agency, educational service agency, 

24 consortium of those agencies, or entity shall consult, 

25 in order to reach an agreement, with appropriate 
425 

•HR 5 EH

1 private school officials or their representatives dur2 ing the design and development of the programs 

3 under this Act, on issues such as— 

4 ‘‘(A) how the children’s needs will be iden5 tified; 

6 ‘‘(B) what services will be offered; 

7 ‘‘(C) how, where, and by whom the services 

8 will be provided; 

9 ‘‘(D) how the services will be assessed and 

10 how the results of the assessment will be used 

11 to improve those services; 

12 ‘‘(E) the size and scope of the equitable 

13 services to be provided to the eligible private 

14 school children, teachers, and other educational 

15 personnel and the amount of funds available for 

16 those services; 

17 ‘‘(F) how and when the agency, consor18 tium, or entity will make decisions about the 

19 delivery of services, including a thorough con20 sideration and analysis of the views of the pri21 vate school officials or their representatives on 

22 the provision of services through potential 

23 third-party providers or contractors; and 

24 ‘‘(G) how, if the agency disagrees with the 

25 views of the private school officials or their rep-
426 

•HR 5 EH

1 resentatives on the provision of services through 

2 a contract, the local educational agency will 

3 provide in writing to such private school offi4 cials or their representatives an analysis of the 

5 reasons why the local educational agency has 

6 chosen not to use a contractor. 

7 ‘‘(2) DISAGREEMENT.—If the agency, consor8 tium, or entity disagrees with the views of the pri9 vate school officials or their representatives with re10 spect to an issue described in paragraph (1), the 

11 agency, consortium, or entity shall provide to the 

12 private school officials or their representatives a 

13 written explanation of the reasons why the local edu14 cational agency has chosen not to adopt the course 

15 of action requested by such officials or their rep16 resentatives. 

17 ‘‘(3) TIMING.—The consultation required by 

18 paragraph (1) shall occur before the agency, consor19 tium, or entity makes any decision that affects the 

20 opportunities of eligible private school children, 

21 teachers, and other educational personnel to partici22 pate in programs under this Act, and shall continue 

23 throughout the implementation and assessment of 

24 activities under this section. 
427 

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1 ‘‘(4) DISCUSSION REQUIRED.—The consultation 

2 required by paragraph (1) shall include a discussion 

3 of service delivery mechanisms that the agency, con4 sortium, or entity could use to provide equitable 

5 services to eligible private school children, teachers, 

6 administrators, and other staff. 

7 ‘‘(5) DOCUMENTATION.—Each local educational 

8 agency shall maintain in the agency’s records and 

9 provide to the State educational agency involved a 

10 written affirmation signed by officials or their rep11 resentatives of each participating private school that 

12 the meaningful consultation required by this section 

13 has occurred. The written affirmation shall provide 

14 the option for private school officials or their rep15 resentatives to indicate that timely and meaningful 

16 consultation has not occurred or that the program 

17 design is not equitable with respect to eligible pri18 vate school children. If such officials or their rep19 resentatives do not provide such affirmation within 

20 a reasonable period of time, the local educational 

21 agency shall forward the documentation that such 

22 consultation has, or attempts at such consultation 

23 have, taken place to the State educational agency. 

24 ‘‘(6) COMPLIANCE.— 
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1 ‘‘(A) IN GENERAL.—If the consultation re2 quired under this section is with a local edu3 cational agency or educational service agency, a 

4 private school official or representative shall 

5 have the right to file a complaint with the State 

6 educational agency that the consultation re7 quired under this section was not meaningful 

8 and timely, did not give due consideration to 

9 the views of the private school official or rep10 resentative, or did not treat the private school 

11 or its students equitably as required by this sec12 tion. 

13 ‘‘(B) PROCEDURE.—If the private school 

14 official or representative wishes to file a com15 plaint, the private school official or representa16 tive shall provide the basis of the noncompli17 ance with this section and all parties shall pro18 vide the appropriate documentation to the ap19 propriate officials or representatives. 

20 ‘‘(C) SERVICES.—A State educational 

21 agency shall provide services under this section 

22 directly or through contracts with public and 

23 private agencies, organizations, and institutions, 

24 if— 
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1 ‘‘(i) the appropriate private school of2 ficials or their representatives have— 

3 ‘‘(I) requested that the State 

4 educational agency provide such serv5 ices directly; and 

6 ‘‘(II) demonstrated that the local 

7 educational agency or Education Serv8 ice Agency involved has not met the 

9 requirements of this section; or 

10 ‘‘(ii) in a case in which— 

11 ‘‘(I) a local educational agency 

12 has more than 10,000 children from 

13 low-income families who attend pri14 vate elementary schools or secondary 

15 schools in such agency’s school at16 tendance areas, as defined in section 

17 1113(a)(2)(A), that are not being 

18 served by the agency’s program under 

19 this section; or 

20 ‘‘(II) 90 percent of the eligible 

21 private school students in a school at22 tendance area, as defined in section 

23 1113(a)(2)(A), are not being served 

24 by the agency’s program under this 

25 section. 
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1 ‘‘(d) PUBLIC CONTROL OF FUNDS.— 

2 ‘‘(1) IN GENERAL.—The control of funds used 

3 to provide services under this section, and title to 

4 materials, equipment, and property purchased with 

5 those funds, shall be in a public agency for the uses 

6 and purposes provided in this Act, and a public 

7 agency shall administer the funds and property. 

8 ‘‘(2) PROVISION OF SERVICES.— 

9 ‘‘(A) IN GENERAL.—The provision of serv10 ices under this section shall be provided— 

11 ‘‘(i) by employees of a public agency; 

12 or 

13 ‘‘(ii) through contract by the public 

14 agency with an individual, association, 

15 agency, organization, or other entity. 

16 ‘‘(B) INDEPENDENCE; PUBLIC AGENCY.— 

17 In the provision of those services, the employee, 

18 person, association, agency, organization, or 

19 other entity shall be independent of the private 

20 school and of any religious organization, and 

21 the employment or contract shall be under the 

22 control and supervision of the public agency. 

23 ‘‘(C) COMMINGLING OF FUNDS PROHIB24 ITED.—Funds used to provide services under 
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1 this section shall not be commingled with non2 Federal funds. 

3 ‘‘SEC. 5502. STANDARDS FOR BY-PASS. 

4 ‘‘(a) IN GENERAL.—If, by reason of any provision of 

5 law, a State educational agency, local educational agency, 

6 educational service agency, consortium of those agencies, 

7 or other entity is prohibited from providing for the partici8 pation in programs of children enrolled in, or teachers or 

9 other educational personnel from, private elementary 

10 schools and secondary schools, on an equitable basis, or 

11 if the Secretary determines that the agency, consortium, 

12 or entity has substantially failed or is unwilling to provide 

13 for that participation, as required by section 5501, the 

14 Secretary shall— 

15 ‘‘(1) waive the requirements of that section for 

16 the agency, consortium, or entity; and 

17 ‘‘(2) arrange for the provision of equitable serv18 ices to those children, teachers, or other educational 

19 personnel through arrangements that shall be sub20 ject to the requirements of this section and of sec21 tions 5501, 5503, and 5504. 

22 ‘‘(b) DETERMINATION.—In making the determina23 tion under subsection (a), the Secretary shall consider one 

24 or more factors, including the quality, size, scope, and lo25 cation of the program, and the opportunity of private 
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1 school children, teachers, and other educational personnel 

2 to participate in the program. 

3 ‘‘SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF 

4 PRIVATE SCHOOL CHILDREN. 

5 ‘‘(a) PROCEDURES FOR COMPLAINTS.—The Sec6 retary shall develop and implement written procedures for 

7 receiving, investigating, and resolving complaints from 

8 parents, teachers, or other individuals and organizations 

9 concerning violations of section 5501 by a State edu10 cational agency, local educational agency, educational 

11 service agency, consortium of those agencies, or entity. 

12 The individual or organization shall submit the complaint 

13 to the State educational agency for a written resolution 

14 by the State educational agency within 45 days. 

15 ‘‘(b) APPEALS TO SECRETARY.—The resolution may 

16 be appealed by an interested party to the Secretary not 

17 later than 30 days after the State educational agency re18 solves the complaint or fails to resolve the complaint with19 in the 45-day time limit. The appeal shall be accompanied 

20 by a copy of the State educational agency’s resolution, 

21 and, if there is one, a complete statement of the reasons 

22 supporting the appeal. The Secretary shall investigate and 

23 resolve the appeal not later than 90 days after receipt of 

24 the appeal. 
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1 ‘‘Subpart 2—Prohibitions 

2 ‘‘SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, 

3 DIRECTION, OR CONTROL. 

4 ‘‘(a) IN GENERAL.—No officer or employee of the 

5 Federal Government shall, directly or indirectly, through 

6 grants, contracts, or other cooperative agreements, man7 date, direct, incentivize, or control a State, local edu8 cational agency, or school’s specific instructional content, 

9 academic standards and assessments, curricula, or pro10 gram of instruction, (including any requirement, direction, 

11 incentive, or mandate to adopt the Common Core State 

12 Standards developed under the Common Core State 

13 Standards Initiative or any other academic standards com14 mon to a significant number of States), nor shall anything 

15 in this Act be construed to authorize such officer or em16 ployee to do so. 

17 ‘‘(b) FINANCIAL SUPPORT.—No officer or employee 

18 of the Federal Government shall, directly or indirectly, 

19 through grants, contracts, or other cooperative agree20 ments, make financial support available in a manner that 

21 is conditioned upon a State, local educational agency, or 

22 school’s adoption of specific instructional content, aca23 demic standards and assessments, curriculum, or program 

24 of instruction, (including any requirement, direction, or 

25 mandate to adopt the Common Core State Standards de26 veloped under the Common Core State Standards Initia-
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1 tive, any other academic standards common to a signifi2 cant number of States, or any assessment, instructional 

3 content, or curriculum aligned to such standards), even 

4 if such requirements are specified in an Act other than 

5 this Act, nor shall anything in this Act be construed to 

6 authorize such officer or employee to do so. 

7 ‘‘SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND 

8 USE OF FEDERAL FUNDS. 

9 ‘‘(a) GENERAL PROHIBITION.—Nothing in this Act 

10 shall be construed to authorize an officer or employee of 

11 the Federal Government directly or indirectly, whether 

12 through a grant, contract, or cooperative agreement, to 

13 mandate, direct, or control a State, local educational agen14 cy, or school’s curriculum, program of instruction, or allo15 cation of State or local resources, or mandate a State or 

16 any subdivision thereof to spend any funds or incur any 

17 costs not paid for under this Act. 

18 ‘‘(b) PROHIBITION ON ENDORSEMENT OF CUR19 RICULUM.—Notwithstanding any other prohibition of Fed20 eral law, no funds provided to the Department under this 

21 Act may be used by the Department directly or indi22 rectly—whether through a grant, contract, or cooperative 

23 agreement—to endorse, approve, develop, require, or sanc24 tion any curriculum, including any curriculum aligned to 

25 the Common Core State Standards developed under the 
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1 Common Core State Standards Initiative or any other aca2 demic standards common to a significant number of 

3 States, designed to be used in an elementary school or sec4 ondary school. 

5 ‘‘(c) LOCAL CONTROL.—Nothing in this Act shall be 

6 construed to— 

7 ‘‘(1) authorize an officer or employee of the 

8 Federal Government directly or indirectly—whether 

9 through a grant, contract, or cooperative agree10 ment—to mandate, direct, review, or control a State, 

11 local educational agency, or school’s instructional 

12 content, curriculum, and related activities; 

13 ‘‘(2) limit the application of the General Edu14 cation Provisions Act; 

15 ‘‘(3) require the distribution of scientifically or 

16 medically false or inaccurate materials or to prohibit 

17 the distribution of scientifically or medically true or 

18 accurate materials; or 

19 ‘‘(4) create any legally enforceable right. 

20 ‘‘(d) PROHIBITION ON REQUIRING FEDERAL AP21 PROVAL OR CERTIFICATION OF STANDARDS.—Notwith22 standing any other provision of Federal law, no State shall 

23 be required to have academic standards approved or cer24 tified by the Federal Government, in order to receive as25 sistance under this Act. 
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1 ‘‘(e) RULE OF CONSTRUCTION ON BUILDING STAND2 ARDS.—Nothing in this Act shall be construed to mandate 

3 national school building standards for a State, local edu4 cational agency, or school. 

5 ‘‘SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED 

6 TESTING. 

7 ‘‘(a) GENERAL PROHIBITION.—Notwithstanding any 

8 other provision of Federal law and except as provided in 

9 subsection (b), no funds provided under this Act to the 

10 Secretary or to the recipient of any award may be used 

11 to develop, pilot test, field test, implement, administer, or 

12 distribute any federally sponsored national test or testing 

13 materials in reading, mathematics, or any other subject, 

14 unless specifically and explicitly authorized by law. 

15 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

16 international comparative assessments developed under 

17 the authority of section 153(a)(5) of the Education 

18 Sciences Reform Act of 2002 and administered to only a 

19 representative sample of pupils in the United States and 

20 in foreign nations. 

21 ‘‘SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CER22 TIFICATION FOR TEACHERS. 

23 ‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFI24 CATION OF TEACHERS.—Notwithstanding any other pro25 vision of this Act or any other provision of law, no funds 
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1 available to the Department or otherwise available under 

2 this Act may be used for any purpose relating to a manda3 tory nationwide test or certification of teachers or edu4 cation paraprofessionals, including any planning, develop5 ment, implementation, or administration of such test or 

6 certification. 

7 ‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The 

8 Secretary is prohibited from withholding funds from any 

9 State educational agency or local educational agency if the 

10 State educational agency or local educational agency fails 

11 to adopt a specific method of teacher or paraprofessional 

12 certification. 

13 ‘‘SEC. 5525. PROHIBITED USES OF FUNDS. 

14 ‘‘No funds under this Act may be used— 

15 ‘‘(1) for construction, renovation, or repair of 

16 any school facility, except as authorized under title 

17 IV or otherwise authorized under this Act; 

18 ‘‘(2) for medical services, drug treatment or re19 habilitation, except for specialized instructional sup20 port services or referral to treatment for students 

21 who are victims of, or witnesses to, crime or who il22 legally use drugs; 

23 ‘‘(3) for transportation unless otherwise author24 ized under this Act; 
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1 ‘‘(4) to develop or distribute materials, or oper2 ate programs or courses of instruction directed at 

3 youth, that are designed to promote or encourage 

4 sexual activity, whether homosexual or heterosexual; 

5 ‘‘(5) to distribute or to aid in the distribution 

6 by any organization of legally obscene materials to 

7 minors on school grounds; 

8 ‘‘(6) to provide sex education or HIV-prevention 

9 education in schools unless that instruction is age 

10 appropriate and includes the health benefits of absti11 nence; or 

12 ‘‘(7) to operate a program of contraceptive dis13 tribution in schools. 

14 ‘‘SEC. 5529. PROHIBITION REGARDING STATE AID. 

15 ‘‘A State shall not take into consideration payments 

16 under this Act (other than under title IV) in determining 

17 the eligibility of any local educational agency in that State 

18 for State aid, or the amount of State aid, with respect 

19 to free public education of children. 

20 ‘‘SEC. 5530. PROHIBITION ON REQUIRING STATE PARTICI21 PATION. 

22 ‘‘Any State that opts out of receiving funds, or that 

23 has not been awarded funds, under one or more programs 

24 under this Act shall not be required to carry out any of 

25 the requirements of such program or programs, and noth-
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1 ing in this Act shall be construed to require a State to 

2 participate in any program under this Act. 

3 ‘‘SEC. 5531. LOCAL CONTROL. 

4 ‘‘The Secretary shall not— 

5 ‘‘(1) impose any requirements or exercise any 

6 governance or authority over school administration, 

7 including the development and expenditure over 

8 school budgets, unless explicitly authorized under 

9 this Act; 

10 ‘‘(2) issue any regulations or non-regulatory 

11 guidance without first consulting with local stake12 holders and fairly addressing their concerns; or 

13 ‘‘(3) deny any local educational agency the 

14 right to object to any administrative requirement, in15 cluding actions that place additional burdens or cost 

16 on the local educational agency. 

17 ‘‘Subpart 3—Other Provisions 

18 ‘‘SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STU19 DENTS AND STUDENT RECRUITING INFORMA20 TION. 

21 ‘‘(a) POLICY.— 

22 ‘‘(1) ACCESS TO STUDENT RECRUITING INFOR23 MATION.—Notwithstanding section 444(a)(5)(B) of 

24 the General Education Provisions Act, each local 

25 educational agency receiving assistance under this 
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1 Act shall provide, upon a request made by a military 

2 recruiter or an institution of higher education, ac3 cess to the name, address, and telephone listing of 

4 each secondary school student served by the local 

5 educational agency, unless the parent of such stu6 dent has submitted the prior consent request under 

7 paragraph (2). 

8 ‘‘(2) CONSENT.— 

9 ‘‘(A) OPT-OUT PROCESS.—A parent of a 

10 secondary school student may submit a written 

11 request, to the local educational agency, that 

12 the student’s name, address, and telephone list13 ing not be released for purposes of paragraph 

14 (1) without prior written consent of the parent. 

15 Upon receiving such request, the local edu16 cational agency may not release the student’s 

17 name, address, and telephone listing for such 

18 purposes without the prior written consent of 

19 the parent. 

20 ‘‘(B) NOTIFICATION OF OPT-OUT PROC21 ESS.—Each local educational agency shall no22 tify the parents of the students served by the 

23 agency of the option to make a request de24 scribed in subparagraph (A). 
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1 ‘‘(3) SAME ACCESS TO STUDENTS.—Each local 

2 educational agency receiving assistance under this 

3 Act shall provide military recruiters the same access 

4 to secondary school students as is provided generally 

5 to institutions of higher education or to prospective 

6 employers of those students. 

7 ‘‘(4) RULE OF CONSTRUCTION PROHIBITING

8 OPT-IN PROCESSES.—Nothing in this subsection 

9 shall be construed to allow a local educational agen10 cy to withhold access to a student’s name, address, 

11 and telephone listing from a military recruiter or in12 stitution of higher education by implementing an 

13 opt-in process or any other process other than the 

14 written consent request process under paragraph 

15 (2)(A). 

16 ‘‘(5) PARENTAL CONSENT.—For purposes of 

17 this subsection, whenever a student has attained 18 

18 years of age, the permission or consent required of 

19 and the rights accorded to the parents of the stu20 dent shall only be required of and accorded to the 

21 student. 

22 ‘‘(b) NOTIFICATION.—The Secretary, in consultation 

23 with the Secretary of Defense, shall, not later than 120 

24 days after the date of enactment of the Student Success 
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1 Act, notify school leaders, school administrators, and other 

2 educators about the requirements of this section. 

3 ‘‘(c) EXCEPTION.—The requirements of this section 

4 do not apply to a private secondary school that maintains 

5 a religious objection to service in the Armed Forces if the 

6 objection is verifiable through the corporate or other orga7 nizational documents or materials of that school. 

8 ‘‘SEC. 5542. RULEMAKING. 

9 ‘‘The Secretary shall issue regulations under this Act 

10 as prescribed under section 1401 only to the extent that 

11 such regulations are necessary to ensure that there is com12 pliance with the specific requirements and assurances re13 quired by this Act. 

14 ‘‘SEC. 5543. PEER REVIEW. 

15 ‘‘(a) IN GENERAL.—If the Secretary uses a peer re16 view panel to evaluate an application for any program re17 quired under this Act, the Secretary shall conduct the 

18 panel in accordance with this section. 

19 ‘‘(b) MAKEUP.—The Secretary shall— 

20 ‘‘(1) solicit nominations for peers to serve on 

21 the panel from States that are— 

22 ‘‘(A) practitioners in the subject matter; or 

23 ‘‘(B) experts in the subject matter; and 

24 ‘‘(2) select the peers from such nominees, ex25 cept that there shall be at least 75 percent practi-
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1 tioners on each panel and in each group formed 

2 from the panel. 

3 ‘‘(c) GUIDANCE.—The Secretary shall issue the peer 

4 review guidance concurrently with the notice of the grant. 

5 ‘‘(d) REPORTING.—The Secretary shall— 

6 ‘‘(1) make the names of the peer reviewers 

7 available to the public before the final deadline for 

8 the application of the grant; 

9 ‘‘(2) make the peer review notes publically 

10 available once the review has concluded; and 

11 ‘‘(3) make any deviations from the peer review12 ers’ recommendations available to the public with an 

13 explanation of the deviation. 

14 ‘‘(e) APPLICANT REVIEWS.—An applicant shall have 

15 an opportunity within 30 days to review the peer review 

16 notes and appeal the score to the Secretary prior to the 

17 Secretary making any final determination. 

18 ‘‘(f) PROHIBITION.—The Secretary, and the Sec19 retary’s staff, may not attempt to participate in, or influ20 ence, the peer review process. No Federal employee may 

21 participate in, or attempt to influence the peer review 

22 process, except to respond to questions of a technical na23 ture, which shall be publicly reported. 
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1 ‘‘SEC. 5544. PARENTAL CONSENT. 

2 ‘‘Upon receipt of written notification from the par3 ents or legal guardians of a student, the local educational 

4 agency shall withdraw such student from any program 

5 funded under part B of title III. The local educational 

6 agency shall make reasonable efforts to inform parents or 

7 legal guardians of the content of such programs or activi8 ties funded under this Act, other than classroom instruc9 tion. 

10 ‘‘SEC. 5548. SEVERABILITY. 

11 ‘‘If any provision of this Act is held invalid, the re12 mainder of this Act shall be unaffected thereby. 

13 ‘‘SEC. 5551. DEPARTMENT STAFF. 

14 ‘‘The Secretary shall— 

15 ‘‘(1) not later than 60 days after the date of 

16 the enactment of the Student Success Act, identify 

17 the number of Department employees who worked 

18 on or administered each education program and 

19 project authorized under this Act, as such program 

20 or project was in effect on the day before such en21 actment date, and publish such information on the 

22 Department’s website; 

23 ‘‘(2) not later than 60 days after such enact24 ment date, identify the number of full-time equiva25 lent employees who work on or administer programs 

26 or projects authorized under this Act, as in effect on 
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1 the day before such enactment date, that have been 

2 eliminated or consolidated since such date; 

3 ‘‘(3) not later than 1 year after such enactment 

4 date, reduce the workforce of the Department by the 

5 number of full-time equivalent employees the De6 partment calculated under paragraph (2); and 

7 ‘‘(4) not later than 1 year after such enactment 

8 date, report to the Congress on— 

9 ‘‘(A) the number of employees associated 

10 with each program or project authorized under 

11 this Act administered by the Department; 

12 ‘‘(B) the number of full-time equivalent 

13 employees who were determined to be associated 

14 with eliminated or consolidated programs or 

15 projects under paragraph (2); 

16 ‘‘(C) how the Secretary reduced the num17 ber of employees at the Department under 

18 paragraph (3); 

19 ‘‘(D) the average salary of the employees 

20 described in subparagraph (B) whose positions 

21 were eliminated; and 

22 ‘‘(E) the average salary of the full-time 

23 equivalent employees who work on or admin24 ister a program or project authorized under this 

25 Act by the Department, disaggregated by em-
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1 ployee function with each such program or 

2 project. 

3 ‘‘SEC. 5552. CRIMINAL BACKGROUND CHECKS. 

4 ‘‘(a) CONDITION OF RECEIPT OF FUNDS.—A local 

5 educational agency or State educational agency shall be 

6 ineligible for funds under this Act if such agency— 

7 ‘‘(1) employs an individual who— 

8 ‘‘(A) refuses to consent to a criminal back9 ground check that includes— 

10 ‘‘(i) a search of the State criminal 

11 registry or repository in the State where 

12 the individual resides and each State where 

13 such individual previously resided; 

14 ‘‘(ii) a search of State-based child 

15 abuse and neglect registries and databases 

16 in the State where the individual resides 

17 and each State where such individual pre18 viously resided; 

19 ‘‘(iii) a search of the National Crime 

20 Information Center; 

21 ‘‘(iv) a Federal Bureau of Investiga22 tion fingerprint check using the Integrated 

23 Automated Fingerprint Identification Sys24 tem; and 
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1 ‘‘(v) a search of the National Sex Of2 fender Registry established under the 

3 Adam Walsh Child Protection and Safety 

4 Act of 2006 (42 U.S.C. 16901 et seq.); 

5 ‘‘(B) makes a false statement in connec6 tion with such criminal background check; 

7 ‘‘(C) is registered or is required to be reg8 istered on a State sex offender registry or the 

9 National Sex Offender Registry established 

10 under the Adam Walsh Child Protection and 

11 Safety Act of 2006 (42 U.S.C. 16901 et seq.); 

12 or 

13 ‘‘(D) has been convicted of a felony con14 sisting of— 

15 ‘‘(i) homicide; 

16 ‘‘(ii) child abuse or neglect; 

17 ‘‘(iii) a crime against children, includ18 ing child pornography; 

19 ‘‘(iv) domestic violence; 

20 ‘‘(v) a crime involving rape or sexual 

21 assault; 

22 ‘‘(vi) kidnapping; 

23 ‘‘(vii) arson; or 

24 ‘‘(viii) physical assault, battery, or a 

25 drug-related offense, committed on or after 
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1 the date that is 5 years before the date of 

2 the individual’s criminal background check 

3 under this section; or 

4 ‘‘(2) knowingly facilitates the transfer of an em5 ployee if the agency knows, or has probable cause to 

6 believe, that the employee engaged in sexual mis7 conduct with a student. 

8 ‘‘(b) FEES FOR BACKGROUND CHECKS.—The Attor9 ney General or a State may charge any applicable fees 

10 for conducting a criminal background check under this 

11 section. 

12 ‘‘Subpart 4—Restoration of State Sovereignty Over 

13 Public Education and Parental Rights Over the 

14 Education of Their Children 

15 ‘‘SEC. 5561. STATES TO RETAIN RIGHTS AND AUTHORITIES 

16 THEY DO NOT EXPRESSLY WAIVE. 

17 ‘‘(a) RETENTION OF RIGHTS AND AUTHORITIES.— 

18 No officer, employee, or other authority of the Secretary 

19 shall enforce against an authority of a State, nor shall 

20 any authority of a State have any obligation to obey, any 

21 requirement imposed as a condition of receiving assistance 

22 under a grant program established under this Act, nor 

23 shall such program operate within a State, unless the leg24 islature of that State shall have by law expressly approved 

25 that program and, in doing so, have waived the State’s 
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1 rights and authorities to act inconsistently with any re2 quirement that might be imposed by the Secretary as a 

3 condition of receiving that assistance. 

4 ‘‘(b) AMENDMENT OF TERMS OF RECEIPT OF FED5 ERAL FINANCIAL ASSISTANCE.—An officer, employee, or 

6 other authority of the Secretary may release assistance 

7 under a grant program established under this Act to a 

8 State only after the legislature of the State has by law 

9 expressly approved the program (as described in sub10 section (a)). This approval may be accomplished by a vote 

11 to affirm a State budget that includes the use of such Fed12 eral funds and any such State budget must expressly in13 clude any requirement imposed as a condition of receiving 

14 assistance under a grant program established under this 

15 Act so that by approving the budget, the State legislature 

16 is expressly approving the grant program and, in doing 

17 so, waiving the State’s rights and authorities to act incon18 sistently with any requirement that might be imposed by 

19 the Secretary as a condition of receiving that assistance. 

20 ‘‘(c) SPECIAL RULE FOR STATES WITH BIENNIAL

21 LEGISLATURES.—In the case of a State with a biennial 

22 legislature— 

23 ‘‘(1) during a year in which the State legisla24 ture does not meet, subsections (a) and (b) shall not 

25 apply; and 
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1 ‘‘(2) during a year in which the State legisla2 ture meets, subsections (a) and (b) shall apply, and, 

3 with respect to any grant program established under 

4 this Act during the most recent year in which the 

5 State legislature did not meet, the State may by law 

6 expressly disapprove the grant program, and, if such 

7 disapproval occurs, an officer, employee, or other au8 thority of the Secretary may not release any addi9 tional assistance to the State under that grant pro10 gram. 

11 ‘‘(d) DEFINITION OF STATE AUTHORITY.—As used 

12 in this section, the term ‘authority of a State’ includes 

13 any administering agency of the State, any officer or em14 ployee of the State, and any local government authority 

15 of the State. 

16 ‘‘(e) EFFECTIVE DATE.—This section applies in each 

17 State beginning on the 90th day after the end of the first 

18 regular session of the legislature of that State that begins 

19 5 years after the date of the enactment of the Student 

20 Success Act and shall continue to apply in subsequent 

21 years until otherwise provided by law. 

22 ‘‘SEC. 5562. DEDICATION OF SAVINGS TO DEFICIT REDUC23 TION. 

24 ‘‘Notwithstanding any formula reallocations stipu25 lated under the Student Success Act, any funds under 
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1 such Act not allocated to a State because a State did not 

2 affirmatively agree to the receipt of such funds shall not 

3 be reallocated among the States. 

4 ‘‘SEC. 5563. DEFINITION OF STATE WITH BIENNIAL LEGIS5 LATURE. 

6 ‘‘In this Act, the term ‘State with a biennial legisla7 ture’ means a State the legislature of which meets every 

8 other year. 

9 ‘‘SEC. 5564. INTENT OF CONGRESS. 

10 ‘‘It is the intent of Congress that other than the 

11 terms and conditions expressly approved by State law 

12 under the terms of this subpart, control over public edu13 cation and parental rights to control the education of their 

14 children are vested exclusively within the autonomous zone 

15 of independent authority reserved to the States and indi16 vidual Americans by the United States Constitution, other 

17 than the Federal Government’s undiminishable obligation 

18 to enforce minimum Federal standards of equal protection 

19 and due process. 

20 ‘‘PART F—EVALUATIONS 

21 ‘‘SEC. 5601. EVALUATIONS. 

22 ‘‘(a) RESERVATION OF FUNDS.—Except as provided 

23 in subsections (c) and (d), the Secretary may reserve not 

24 more than 0.5 percent of the amount appropriated to 

25 carry out each categorical program authorized under this 
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1 Act. The reserved amounts shall be used by the Secretary, 

2 acting through the Director of the Institute of Education 

3 Sciences— 

4 ‘‘(1) to conduct— 

5 ‘‘(A) comprehensive evaluations of the pro6 gram or project; and 

7 ‘‘(B) studies of the effectiveness of the pro8 gram or project and its administrative impact 

9 on schools and local educational agencies; 

10 ‘‘(2) to evaluate the aggregate short- and long11 term effects and cost efficiencies across Federal pro12 grams assisted or authorized under this Act and re13 lated Federal preschool, elementary, and secondary 

14 programs under any other Federal law; and 

15 ‘‘(3) to increase the usefulness of evaluations of 

16 grant recipients in order to ensure the continuous 

17 progress of the program or project by improving the 

18 quality, timeliness, efficiency, and use of information 

19 relating to performance under the program or 

20 project. 

21 ‘‘(b) REQUIRED PLAN.—The Secretary, acting 

22 through the Director of the Institute of Education 

23 Sciences, may use the reserved amount under subsection 

24 (a) only after completion of a comprehensive, multi-year 

25 plan— 
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1 ‘‘(1) for the periodic evaluation of each of the 

2 major categorical programs authorized under this 

3 Act, and as resources permit, the smaller categorical 

4 programs authorized under this Act; 

5 ‘‘(2) that shall be developed and implemented 

6 with the involvement of other officials at the Depart7 ment, as appropriate; and 

8 ‘‘(3) that shall not be finalized until— 

9 ‘‘(A) the publication of a notice in the Fed10 eral Register seeking public comment on such 

11 plan and after review by the Secretary of such 

12 comments; and 

13 ‘‘(B) the plan is submitted for comment to 

14 the Committee on Education and the Workforce 

15 of the House of Representatives and the Com16 mittee on Health, Education, Labor, and Pen17 sions of the Senate and after review by the Sec18 retary of such comments. 

19 ‘‘(c) TITLE I EXCLUDED.—The Secretary may not 

20 reserve under subsection (a) funds appropriated to carry 

21 out any program authorized under title I. 

22 ‘‘(d) EVALUATION ACTIVITIES AUTHORIZED ELSE23 WHERE.—If, under any other provision of this Act (other 

24 than title I), funds are authorized to be reserved or used 

25 for evaluation activities with respect to a program or 
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1 project, the Secretary may not reserve additional funds 

2 under this section for the evaluation of that program or 

3 project.’’. 

4 (b) TECHNICAL AMENDMENTS.— 

5 (1) TITLE IX.— 

6 (A) SUBPART 1 OF PART E OF TITLE V.— 

7 (i) TRANSFER AND REDESIGNA8 TION.—Sections 9504 through 9506 (20 

9 U.S.C. 7884, 7885, and 7886) are— 

10 (I) transferred to title V, as 

11 amended by subsection (a) of this sec12 tion; 

13 (II) inserted after section 5503 

14 of such title; and 

15 (III) redesignated as sections 

16 5504 through 5506, respectively. 

17 (ii) AMENDMENTS.—Section 5504 (as 

18 so redesignated) is amended— 

19 (I) in subsection (a)(1)(A), by 

20 striking ‘‘section 9502’’ and inserting 

21 ‘‘section 5502’’; 

22 (II) in subsection (b), by striking 

23 ‘‘section 9501’’ and inserting ‘‘section 

24 5501’’; and 
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1 (III) in subsection (d), by strik2 ing ‘‘No Child Left Behind Act of 

3 2001’’ and inserting ‘‘Student Success 

4 Act’’. 

5 (B) SUBPART 2 OF PART E OF TITLE V.— 

6 (i) TRANSFER AND REDESIGNA7 TION.—Sections 9531, 9533, and 9534 (20 

8 U.S.C. 7911, 7913, and 7914) are— 

9 (I) transferred to title V, as 

10 amended by subparagraph (A) of this 

11 paragraph; 

12 (II) inserted after section 5525 

13 of such title; and 

14 (III) redesignated as sections 

15 5526 through 5528, respectively. 

16 (ii) AMENDMENTS.—Section 5528 (as 

17 so redesignated) is amended— 

18 (I) by striking ‘‘(a) IN GEN19 ERAL.—Nothing’’ and inserting 

20 ‘‘Nothing’’; and 

21 (II) by striking subsection (b). 

22 (C) SUBPART 3 OF PART E OF TITLE V.— 

23 Sections 9523, 9524, and 9525 (20 U.S.C. 

24 7903, 7904, and 7905) are— 
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1 (i) transferred to title V, as amended 

2 by subparagraph (B) of this paragraph; 

3 (ii) inserted after section 5544 of such 

4 title; and 

5 (iii) redesignated as sections 5545 

6 through 5547, respectively. 

7 (2) TITLE IV.—Sections 4141 and 4155 (20 

8 U.S.C. 7151 and 7161) are— 

9 (A) transferred to title V, as amended by 

10 paragraph (1) of this subsection; 

11 (B) inserted after section 5548 (as so re12 designated by paragraph (1)(C)(iii) of this sub13 section); and 

14 (C) redesignated as sections 5549 and 

15 5550, respectively. 

16 SEC. 502. REPEAL. 

17 Title IX (20 U.S.C. 7801 et seq.), as amended by 

18 section 501(b)(1) of this title, is repealed. 

19 SEC. 503. OTHER LAWS. 

20 Beginning on the date of the enactment of this Act, 

21 any reference in law to the term ‘‘highly qualified’’ as de22 fined in section 9101 of the Elementary and Secondary 

23 Education Act of 1965 shall be treated as a reference to 

24 such term under section 9101 of the Elementary and Sec-
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1 ondary Education Act of 1965 as in effect on the day be2 fore the date of the enactment of this Act. 

3 SEC. 504. AMENDMENT TO IDEA. 

4 Section 602 of the Individuals with Disabilities Edu5 cation Act (20 U.S.C. 1401) is amended by striking para6 graph (10). 

7 TITLE VI—THE FEDERAL GOV8 ERNMENT’S TRUST RESPON9 SIBILITY TO AMERICAN IN10 DIAN, ALASKA NATIVE, AND 

11 NATIVE HAWAIIAN EDU12 CATION 

13 SEC. 601. THE FEDERAL GOVERNMENT’S TRUST RESPONSI14 BILITY TO AMERICAN INDIAN, ALASKA NA15 TIVE, AND NATIVE HAWAIIAN EDUCATION. 

16 Title VI of the Act (20 U.S.C. 7301 et seq.) is 

17 amended to read as follows: 

18 ‘‘TITLE VI—THE FEDERAL GOVERNMENT’S 

19 TRUST RESPONSIBILITY TO AMERICAN IN20 DIAN, ALASKA NATIVE, AND NATIVE HA21 WAIIAN EDUCATION 

22 ‘‘PART A—INDIAN EDUCATION

23 ‘‘SEC. 6101. STATEMENT OF POLICY. 

24 ‘‘It is the policy of the United States to fulfill the 

25 Federal Government’s unique and continuing trust rela-
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1 tionship with, and responsibility to, the Indian people for 

2 the education of Indian children. The Federal Government 

3 will continue to work with local educational agencies, In4 dian tribes and organizations, postsecondary institutions, 

5 and other entities toward the goal of ensuring that pro6 grams that serve Indian children are of the highest quality 

7 and provide for not only the basic elementary and sec8 ondary educational needs, but also the unique educational 

9 and culturally related academic needs of these children. 

10 ‘‘SEC. 6102. PURPOSE. 

11 ‘‘It is the purpose of this part to support the efforts 

12 of local educational agencies, Indian tribes and organiza13 tions, postsecondary institutions, and other entities— 

14 ‘‘(1) to meet the unique educational and cul15 turally related academic needs of American Indian 

16 and Alaska Native students, so that such students 

17 can meet State student academic achievement stand18 ards; 

19 ‘‘(2) to ensure that Indian and Alaskan Native 

20 students gain knowledge and understanding of Na21 tive communities, languages, tribal histories, tradi22 tions, and cultures; and 

23 ‘‘(3) to ensure that school leaders, teachers, and 

24 other staff who serve Indian and Alaska Native stu-
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1 dents have the ability to provide culturally appro2 priate and effective instruction to such students. 

3 ‘‘SUBPART 1—FORMULA GRANTS TO LOCAL

4 EDUCATIONAL AGENCIES

5 ‘‘SEC. 6111. PURPOSE. 

6 ‘‘It is the purpose of this subpart to support the ef7 forts of local educational agencies, Indian tribes and orga8 nizations, and other entities to improve the academic 

9 achievement of American Indian and Alaska Native stu10 dents by providing for their unique cultural, language, and 

11 educational needs and ensuring that they are prepared to 

12 meet State academic standards. 

13 ‘‘SEC. 6112. GRANTS TO LOCAL EDUCATIONAL AGENCIES 

14 AND TRIBES. 

15 ‘‘(a) IN GENERAL.—In accordance with this section 

16 and section 6113, the Secretary may make grants from 

17 allocations made under section 6113, to— 

18 ‘‘(1) local educational agencies; 

19 ‘‘(2) Indian tribes; 

20 ‘‘(3) Indian organizations; and 

21 ‘‘(4) Alaska Native Organizations 

22 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 

23 ‘‘(1) ENROLLMENT REQUIREMENTS.—A local 

24 educational agency shall be eligible for a grant under 

25 this subpart for any fiscal year if the number of In-
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1 dian children eligible under section 6117 who were 

2 enrolled in the schools of the agency, and to whom 

3 the agency provided free public education, during 

4 the preceding fiscal year— 

5 ‘‘(A) was at least 10; or 

6 ‘‘(B) constituted not less than 25 percent 

7 of the total number of individuals enrolled in 

8 the schools of such agency. 

9 ‘‘(2) EXCLUSION.—The requirement of para10 graph (1) shall not apply in Alaska, California, or 

11 Oklahoma, or with respect to any local educational 

12 agency located on, or in proximity to, an Indian res13 ervation. 

14 ‘‘(c) INDIAN TRIBES, INDIAN ORGANIZATIONS, ALAS15 KA NATIVE ORGANIZATIONS, AND CONSORTIA.— 

16 ‘‘(1) IN GENERAL.—If a local educational agen17 cy that is otherwise eligible for a grant under this 

18 subpart does not establish a committee under section 

19 6114(c)(4) for such grant, an Indian tribe, Indian 

20 organization, Alaska Native Organization, or consor21 tium of such entities that represents not less than 

22 one-third of the eligible Indian or Alaska Native 

23 children who are served by such local educational 

24 agency may apply for such grant. 

25 ‘‘(2) SPECIAL RULE.— 
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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 treat each Indian tribe, Indian organization, 

3 Alaska Native Organization, or consortium of 

4 such entities applying for a grant pursuant to 

5 paragraph (1) as if such applicant were a local 

6 educational agency for purposes of this subpart. 

7 ‘‘(B) EXCEPTIONS.—Notwithstanding sub8 paragraph (A), such Indian tribe, Indian orga9 nization, Alaska Native Organization, or con10 sortium of such entities shall not be subject to 

11 the requirements of section 6114(c)(5), 

12 6118(c), or 6119. 

13 ‘‘(3) ELIGIBILITY.—If more than 1 applicant 

14 qualifies to apply for a grant under paragraph (1), 

15 the entity that represents the most eligible Indian 

16 and Alaska Native children who are served by the 

17 local educational agency shall be eligible to receive 

18 the grant or the applicants may apply in consortium 

19 and jointly operate a program. 

20 ‘‘(d) INDIAN AND ALASKA NATIVE COMMUNITY21 BASED ORGANIZATIONS.— 

22 ‘‘(1) IN GENERAL.—If no local educational 

23 agency pursuant to subsection (b), and no Indian 

24 tribe, tribal organization, Alaska Native Organiza25 tion, or consortium pursuant to subsection (c), ap-
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1 plies for a grant under this subpart, Indian and 

2 Alaska Native community-based organizations serv3 ing the community of the local educational agency 

4 may apply for the grant. 

5 ‘‘(2) APPLICABILITY OF SPECIAL RULE.—The 

6 Secretary shall apply the special rule in subsection 

7 (c)(2) to a community-based organization applying 

8 or receiving a grant under paragraph (1) in the 

9 same manner as such rule applies to an Indian tribe, 

10 Indian organization, Alaska Native Organization, or 

11 consortium. 

12 ‘‘(3) DEFINITION OF INDIAN AND ALASKA NA13 TIVE COMMUNITY-BASED ORGANIZATIONS.—In this 

14 subsection, the term ‘Indian and Alaska Native com15 munity-based organizations’ means any organiza16 tions that— 

17 ‘‘(A) are composed primarily of the family 

18 members of Indian or Alaska Native students, 

19 Indian or Alaska Native community members, 

20 tribal government education officials, and tribal 

21 members from a specific community; 

22 ‘‘(B) assist in the social, cultural, and edu23 cational development of Indians or Alaska Na24 tives in such community; 
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1 ‘‘(C) meet the unique cultural, language, 

2 and academic needs of Indian or Alaska Native 

3 students; and 

4 ‘‘(D) demonstrate organizational and ad5 ministrative capacity to effectively manage the 

6 grant. 

7 ‘‘SEC. 6113. AMOUNT OF GRANTS. 

8 ‘‘(a) AMOUNT OF GRANT AWARDS.— 

9 ‘‘(1) IN GENERAL.—Except as provided in sub10 section (b) and paragraph (2), the Secretary shall 

11 allocate to each local educational agency that has an 

12 approved application under this subpart an amount 

13 equal to the product of— 

14 ‘‘(A) the number of Indian children who 

15 are eligible under section 6117 and served by 

16 such agency; and 

17 ‘‘(B) the greater of— 

18 ‘‘(i) the average per pupil expenditure 

19 of the State in which such agency is lo20 cated; or 

21 ‘‘(ii) 80 percent of the average per 

22 pupil expenditure of all the States. 

23 ‘‘(2) REDUCTION.—The Secretary shall reduce 

24 the amount of each allocation otherwise determined 

25 under this section in accordance with subsection (e). 
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1 ‘‘(b) MINIMUM GRANT.— 

2 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

3 (e), an entity that is eligible for a grant under sec4 tion 6112, and a school that is operated or sup5 ported by the Bureau of Indian Education that is el6 igible for a grant under subsection (d), that submits 

7 an application that is approved by the Secretary, 

8 shall, subject to appropriations, receive a grant 

9 under this subpart in an amount that is not less 

10 than $3,000. 

11 ‘‘(2) CONSORTIA.—Local educational agencies 

12 may form a consortium for the purpose of obtaining 

13 grants under this subpart. 

14 ‘‘(3) INCREASE.—The Secretary may increase 

15 the minimum grant under paragraph (1) to not 

16 more than $4,000 for all grantees if the Secretary 

17 determines such increase is necessary to ensure the 

18 quality of the programs provided. 

19 ‘‘(c) DEFINITION.—For the purpose of this section, 

20 the term ‘average per pupil expenditure’, used with respect 

21 to a State, means an amount equal to— 

22 ‘‘(1) the sum of the aggregate current expendi23 tures of all the local educational agencies in the 

24 State, plus any direct current expenditures by the 

25 State for the operation of such agencies, without re-
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1 gard to the sources of funds from which such local 

2 or State expenditures were made, during the second 

3 fiscal year preceding the fiscal year for which the 

4 computation is made; divided by 

5 ‘‘(2) the aggregate number of children who 

6 were included in average daily attendance for whom 

7 such agencies provided free public education during 

8 such preceding fiscal year. 

9 ‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE

10 BUREAU OF INDIAN EDUCATION.— 

11 ‘‘(1) IN GENERAL.—Subject to subsection (e), 

12 in addition to the grants awarded under subsection 

13 (a), the Secretary shall allocate to the Secretary of 

14 the Interior an amount equal to the product of— 

15 ‘‘(A) the total number of Indian children 

16 enrolled in schools that are operated by— 

17 ‘‘(i) the Bureau of Indian Education; 

18 or 

19 ‘‘(ii) an Indian tribe, or an organiza20 tion controlled or sanctioned by an Indian 

21 tribal government, for the children of that 

22 tribe under a contract with, or grant from, 

23 the Department of the Interior under the 

24 Indian Self-Determination Act or the Trib25 ally Controlled Schools Act of 1988; and 
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1 ‘‘(B) the greater of— 

2 ‘‘(i) the average per pupil expenditure 

3 of the State in which the school is located; 

4 or 

5 ‘‘(ii) 80 percent of the average per 

6 pupil expenditure of all the States. 

7 ‘‘(2) SPECIAL RULE.—Any school described in 

8 paragraph (1)(A) that wishes to receive an allocation 

9 under this subpart shall submit an application in ac10 cordance with section 6114, and shall otherwise be 

11 treated as a local educational agency for the purpose 

12 of this subpart, except that such school shall not be 

13 subject to section 6114(c)(5), section 6118(c), or 

14 section 6119. 

15 ‘‘(e) RATABLE REDUCTIONS.—If the sums appro16 priated for any fiscal year to carry out this subpart are 

17 insufficient to pay in full the amounts determined for local 

18 educational agencies under subsection (a)(1) and for the 

19 Secretary of the Interior under subsection (d), each of 

20 those amounts shall be ratably reduced. 

21 ‘‘SEC. 6114. APPLICATIONS. 

22 ‘‘(a) APPLICATION REQUIRED.—Each local edu23 cational agency that desires to receive a grant under this 

24 subpart shall submit an application to the Secretary at 
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1 such time, in such manner, and containing such informa2 tion as the Secretary may reasonably require. 

3 ‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each 

4 application submitted under subsection (a) shall include 

5 a description of a comprehensive program for meeting the 

6 needs of Indian and Alaska Native children served by the 

7 local educational agency, including the language and cul8 tural needs of the children, that— 

9 ‘‘(1) describes how the comprehensive program 

10 will offer programs and activities to meet the cul11 turally related academic needs of American Indian 

12 and Alaska Native students; 

13 ‘‘(2)(A) is consistent with the State, tribal, and 

14 local plans submitted under other provisions of this 

15 Act; and 

16 ‘‘(B) includes academic content and stu17 dent academic achievement goals for such chil18 dren, and benchmarks for attaining such goals, 

19 that are based on State academic content and 

20 student academic achievement standards adopt21 ed under title I for all children; 

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 serve such students; 
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1 ‘‘(4) demonstrates how funds made available 

2 under this subpart will be used for activities de3 scribed in section 6115; 

4 ‘‘(5) describes the professional development op5 portunities that will be provided, as needed, to en6 sure that— 

7 ‘‘(A) teachers and other school profes8 sionals who are new to the Indian or Alaska 

9 Native community are prepared to work with 

10 Indian and Alaska Native children; 

11 ‘‘(B) all teachers who will be involved in 

12 programs assisted under this subpart have been 

13 properly trained to carry out such programs; 

14 and 

15 ‘‘(C) those family members of Indian and 

16 Alaska Native children and representatives of 

17 tribes who are on the committee described in 

18 (c)(5) will participate in the planning of profes19 sional development materials; 

20 ‘‘(6) describes how the local educational agen21 cy— 

22 ‘‘(A) will periodically assess the progress of 

23 all Indian children enrolled in the schools of the 

24 local educational agency, including Indian chil25 dren who do not participate in programs as-
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1 sisted under this subpart, in meeting the goals 

2 described in paragraph (2); 

3 ‘‘(B) will provide the results of each as4 sessment referred to in subparagraph (A) to— 

5 ‘‘(i) the committee described in sub6 section (c)(5); 

7 ‘‘(ii) the community served by the 

8 local educational agency; and 

9 ‘‘(iii) the tribes whose children are 

10 served by the local educational agency; 

11 ‘‘(C) is responding to findings of any pre12 vious assessments that are similar to the as13 sessments described in subparagraph (A); and 

14 ‘‘(7) explicitly delineates— 

15 ‘‘(A) a formal, collaborative process that 

16 the local educational agency used to directly in17 volve tribes, Indian organizations, or Alaska 

18 Native Organizations in the development of the 

19 comprehensive programs and the results of such 

20 process; and 

21 ‘‘(B) how the local educational agency 

22 plans to ensure that tribes, Indian organiza23 tions, or Alaska Native Organizations will play 

24 an active, meaningful, and ongoing role in the 

25 functioning of the comprehensive programs. 
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1 ‘‘(c) ASSURANCES.—Each application submitted 

2 under subsection (a) shall include assurances that— 

3 ‘‘(1) the local educational agency will use funds 

4 received under this subpart only to supplement the 

5 funds that, in the absence of the Federal funds 

6 made available under this subpart, such agency 

7 would make available for services described in this 

8 subsection, and not to supplant such funds; 

9 ‘‘(2) the local educational agency will use funds 

10 received under this subpart only for activities de11 scribed and authorized under this subpart; 

12 ‘‘(3) the local educational agency will prepare 

13 and submit to the Secretary such reports, in such 

14 form and containing such information, as the Sec15 retary may require to— 

16 ‘‘(A) carry out the functions of the Sec17 retary under this subpart; and 

18 ‘‘(B) determine the extent to which activi19 ties carried out with funds provided to the local 

20 educational agency under this subpart are effec21 tive in improving the educational achievement 

22 of Indian and Alaska Native students served by 

23 such agency; and 
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1 ‘‘(C) determine the extent to which such 

2 activities address the unique cultural, language, 

3 and educational needs of Indian students; 

4 ‘‘(4) the program for which assistance is 

5 sought— 

6 ‘‘(A) is based on a comprehensive local as7 sessment and prioritization of the unique edu8 cational and culturally related academic needs 

9 of the American Indian and Alaska Native stu10 dents for whom the local educational agency is 

11 providing an education; 

12 ‘‘(B) will use the best available talents and 

13 resources, including individuals from the Indian 

14 or Alaska Native community; and 

15 ‘‘(C) was developed by such agency in open 

16 consultation with the families of Indian or Alas17 ka Native children, Indian or Alaska Native 

18 teachers, Indian or Alaska Native students 

19 from secondary schools, and representatives of 

20 tribes, Indian organizations, or Alaska Native 

21 Organizations in the community including 

22 through public hearings held by such agency to 

23 provide to the individuals described in this sub24 paragraph a full opportunity to understand the 
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1 program and to offer recommendations regard2 ing the program; 

3 ‘‘(5) the local educational agency developed the 

4 program with the participation and written approval 

5 of a committee— 

6 ‘‘(A) that is composed of, and selected 

7 by— 

8 ‘‘(i) family members of Indian and 

9 Alaska Native children that are attending 

10 the local educational agency’s schools; 

11 ‘‘(ii) teachers in the schools; and 

12 ‘‘(iii) Indian and Alaska Native stu13 dents attending secondary schools of the 

14 agency; 

15 ‘‘(B) a majority of whose members are 

16 family members of Indian and Alaska Native 

17 children that are attending the local educational 

18 agency’s schools; 

19 ‘‘(C) that has set forth such policies and 

20 procedures, including policies and procedures 

21 relating to the hiring of personnel, as will en22 sure that the program for which assistance is 

23 sought will be operated and evaluated in con24 sultation with, and with the involvement of, 
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1 parents of the children, and representatives of 

2 the area, to be served; 

3 ‘‘(D) with respect to an application de4 scribing a schoolwide program in accordance 

5 with section 6115(c), that has— 

6 ‘‘(i) reviewed in a timely fashion the 

7 program; 

8 ‘‘(ii) determined that the program will 

9 not diminish the availability of culturally 

10 related activities for American Indian and 

11 Alaska Native students; and 

12 ‘‘(iii) will directly enhance the edu13 cational experience of American Indian and 

14 Alaska Native students; and 

15 ‘‘(E) that has adopted reasonable bylaws 

16 for the conduct of the activities of the com17 mittee and abides by such bylaws; and 

18 ‘‘(6) the local educational agency conducted 

19 adequate outreach to family members to meet the 

20 requirements under subsection (c)(5). 

21 ‘‘SEC. 6115. AUTHORIZED SERVICES AND ACTIVITIES. 

22 ‘‘(a) GENERAL REQUIREMENTS.—Each local edu23 cational agency that receives a grant under this subpart 

24 shall use the grant funds, in a manner consistent with the 
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1 purpose specified in section 6111, for services and activi2 ties that— 

3 ‘‘(1) are designed to carry out the comprehen4 sive program of the local educational agency for In5 dian students, and described in the application of 

6 the local educational agency submitted to the Sec7 retary under section 6114(a) solely for the services 

8 and activities described in such application; 

9 ‘‘(2) are designed with special regard for the 

10 language and cultural needs of the Indian students; 

11 and 

12 ‘‘(3) supplement and enrich the regular school 

13 program of such agency. 

14 ‘‘(b) PARTICULAR ACTIVITIES.—The services and ac15 tivities referred to in subsection (a) may include— 

16 ‘‘(1) activities that support Native American 

17 language immersion programs and Native American 

18 language restoration programs, which may be taught 

19 by traditional leaders; 

20 ‘‘(2) culturally related activities that support 

21 the program described in the application submitted 

22 by the local educational agency; 

23 ‘‘(3) early childhood and family programs that 

24 emphasize school readiness; 
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1 ‘‘(4) enrichment programs that focus on prob2 lem solving and cognitive skills development and di3 rectly support the attainment of challenging State 

4 academic content and student academic achievement 

5 standards; 

6 ‘‘(5) integrated educational services in combina7 tion with other programs including programs that 

8 enhance student achievement by promoting increased 

9 involvement of parents and families in school activi10 ties; 

11 ‘‘(6) career preparation activities to enable In12 dian students to participate in programs such as the 

13 programs supported by the Carl D. Perkins Career 

14 and Technical Education Improvement Act of 2006, 

15 including programs for tech-prep education, men16 toring, and apprenticeship; 

17 ‘‘(7) activities to educate individuals so as to 

18 prevent violence, suicide, and substance abuse; 

19 ‘‘(8) the acquisition of equipment, but only if 

20 the acquisition of the equipment is essential to 

21 achieve the purpose described in section 6111; 

22 ‘‘(9) activities that promote the incorporation of 

23 culturally responsive teaching and learning strategies 

24 into the educational program of the local educational 

25 agency; 
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1 ‘‘(10) activities that incorporate culturally and 

2 linguistically relevant curriculum content into class3 room instruction that is responsive to the unique 

4 learning styles of Indian and Alaska Native children 

5 and ensures that children are better able to meet 

6 State standards; 

7 ‘‘(11) family literacy services; 

8 ‘‘(12) activities that recognize and support the 

9 unique cultural and educational needs of Indian chil10 dren, and incorporate appropriately qualified tribal 

11 elders and seniors; 

12 ‘‘(13) dropout prevention strategies for Indian 

13 and Alaska Native students; and 

14 ‘‘(14) strategies to meet the educational needs 

15 of at-risk Indian students in correctional facilities, 

16 including such strategies that support Indian and 

17 Alaska Native students who are transitioning from 

18 such facilities to schools served by local educational 

19 agencies. 

20 ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding 

21 any other provision of law, a local educational agency may 

22 use funds made available to such agency under this sub23 part to support a schoolwide program under section 1114 

24 if— 
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1 ‘‘(1) the committee established pursuant to sec2 tion 6114(c)(5) approves the use of the funds for 

3 the schoolwide program; 

4 ‘‘(2) the schoolwide program is consistent with 

5 the purpose described in section 6111; and 

6 ‘‘(3) the local educational agency identifies in 

7 its application how the use of such funds in a 

8 schoolwide program will produce benefits to the 

9 American Indian and Alaska Native students that 

10 would not be achieved if the funds were not used in 

11 a schoolwide program. 

12 ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

13 more than 5 percent of the funds provided to a grantee 

14 under this subpart for any fiscal year may be used for 

15 administrative purposes. 

16 ‘‘(e) LIMITATION ON THE USE OF FUNDS.—Funds 

17 provided to a grantee under this subpart may not be used 

18 for long-distance travel expenses for training activities 

19 available locally or regionally. 

20 ‘‘SEC. 6116. INTEGRATION OF SERVICES AUTHORIZED. 

21 ‘‘(a) PLAN.—An entity receiving funds under this 

22 subpart may submit a plan to the Secretary for the inte23 gration of education and related services provided to In24 dian students. 
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1 ‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re2 ceipt of an acceptable plan under subsection (a), the Sec3 retary, in cooperation with each Federal agency providing 

4 grants for the provision of education and related services 

5 to the entity, shall authorize the entity to consolidate, in 

6 accordance with such plan, the federally funded education 

7 and related services programs of the entity and the Fed8 eral programs, or portions of the programs, serving Indian 

9 students in a manner that integrates the program services 

10 involved into a single, coordinated, comprehensive pro11 gram and reduces administrative costs by consolidating 

12 administrative functions. 

13 ‘‘(c) PROGRAMS AFFECTED.—The funds that may be 

14 consolidated in a demonstration project under any such 

15 plan referred to in subsection (a) shall include funds for 

16 any Federal program exclusively serving Indian children, 

17 or the funds reserved under any Federal program to exclu18 sively serve Indian children, under which the entity is eligi19 ble for receipt of funds under a statutory or administrative 

20 formula for the purposes of providing education and re21 lated services that would be used to serve Indian students. 

22 ‘‘(d) PLAN REQUIREMENTS.—For a plan to be ac23 ceptable pursuant to subsection (b), the plan shall— 

24 ‘‘(1) identify the programs or funding sources 

25 to be consolidated; 
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1 ‘‘(2) be consistent with the objectives of this 

2 section concerning authorizing the services to be in3 tegrated in a demonstration project; 

4 ‘‘(3) describe a comprehensive strategy that 

5 identifies the full range of potential educational op6 portunities and related services to be provided to as7 sist Indian students to achieve the objectives set 

8 forth in this subpart; 

9 ‘‘(4) describe the way in which services are to 

10 be integrated and delivered and the results expected 

11 from the plan; 

12 ‘‘(5) identify the projected expenditures under 

13 the plan in a single budget; 

14 ‘‘(6) identify the State, tribal, or local agency 

15 or agencies to be involved in the delivery of the serv16 ices integrated under the plan; 

17 ‘‘(7) identify any statutory provisions, regula18 tions, policies, or procedures that the entity believes 

19 need to be waived in order to implement the plan; 

20 ‘‘(8) set forth measures for academic content 

21 and student academic achievement goals designed to 

22 be met within a specific period of time; and 

23 ‘‘(9) be approved by a committee formed in ac24 cordance with section 6114(c)(5), if such a com25 mittee exists. 
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1 ‘‘(e) PLAN REVIEW.—Upon receipt of the plan from 

2 an eligible entity, the Secretary shall consult with the Sec3 retary of each Federal department providing funds to be 

4 used to implement the plan, and with the entity submit5 ting the plan. The parties so consulting shall identify any 

6 waivers of statutory requirements or of Federal depart7 mental regulations, policies, or procedures necessary to en8 able the entity to implement the plan. Notwithstanding 

9 any other provision of law, the Secretary of the affected 

10 department shall have the authority to waive any regula11 tion, policy, or procedure promulgated by that department 

12 that has been so identified by the entity or department, 

13 unless the Secretary of the affected department deter14 mines that such a waiver is inconsistent with the objectives 

15 of this subpart or those provisions of the statute from 

16 which the program involved derives authority that are spe17 cifically applicable to Indian students. 

18 ‘‘(f) PLAN APPROVAL.—Within 90 days after the re19 ceipt of an entity’s plan by the Secretary, the Secretary 

20 shall inform the entity, in writing, of the Secretary’s ap21 proval or disapproval of the plan. If the plan is dis22 approved, the entity shall be informed, in writing, of the 

23 reasons for the disapproval and shall be given an oppor24 tunity to amend the plan or to petition the Secretary to 

25 reconsider such disapproval. 
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1 ‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU2 CATION.—Not later than 180 days after the date of enact3 ment of the Student Success Act of 2013, the Secretary 

4 of Education, the Secretary of the Interior, the Secretary 

5 of the Department of Health and Human Services, and 

6 the head of any other Federal department or agency iden7 tified by the Secretary of Education, shall enter into an 

8 interdepartmental memorandum of agreement providing 

9 for the implementation and coordination of the demonstra10 tion projects authorized under this section. The lead agen11 cy head for a demonstration project under this section 

12 shall be— 

13 ‘‘(1) the Secretary of the Interior, in the case 

14 of an entity meeting the definition of a contract or 

15 grant school under title XI of the Education Amend16 ments of 1978; or 

17 ‘‘(2) the Secretary of Education, in the case of 

18 any other entity. 

19 ‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re20 sponsibilities of the lead agency shall include— 

21 ‘‘(1) the use of a single report format related 

22 to the plan for the individual project, which shall be 

23 used by an eligible entity to report on the activities 

24 undertaken under the project; 
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1 ‘‘(2) the use of a single report format related 

2 to the projected expenditures for the individual 

3 project which shall be used by an eligible entity to 

4 report on all project expenditures; 

5 ‘‘(3) the development of a single system of Fed6 eral oversight for the project, which shall be imple7 mented by the lead agency; and 

8 ‘‘(4) the provision of technical assistance to an 

9 eligible entity appropriate to the project, except that 

10 an eligible entity shall have the authority to accept 

11 or reject the plan for providing such technical assist12 ance and the technical assistance provider. 

13 ‘‘(i) REPORT REQUIREMENTS.—A single report for14 mat shall be developed by the Secretary, consistent with 

15 the requirements of this section. Such report format shall 

16 require that reports described in subsection (h), together 

17 with records maintained on the consolidated program at 

18 the local level, shall contain such information as will allow 

19 a determination that the eligible entity has complied with 

20 the requirements incorporated in its approved plan, in21 cluding making a demonstration of student academic 

22 achievement, and will provide assurances to each Sec23 retary that the eligible entity has complied with all directly 

24 applicable statutory requirements and with those directly 
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1 applicable regulatory requirements that have not been 

2 waived. 

3 ‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall 

4 the amount of Federal funds available to an eligible entity 

5 involved in any demonstration project be reduced as a re6 sult of the enactment of this section. 

7 ‘‘(k) INTERAGENCY FUND TRANSFERS AUTHOR8 IZED.—The Secretary is authorized to take such action 

9 as may be necessary to provide for an interagency transfer 

10 of funds otherwise available to an eligible entity in order 

11 to further the objectives of this section. 

12 ‘‘(l) ADMINISTRATION OF FUNDS.— 

13 ‘‘(1) IN GENERAL.—Program funds for the con14 solidated programs shall be administered in such a 

15 manner as to allow for a determination that funds 

16 from a specific program are spent on allowable ac17 tivities authorized under such program, except that 

18 the eligible entity shall determine the proportion of 

19 the funds granted that shall be allocated to such 

20 program. 

21 ‘‘(2) SEPARATE RECORDS NOT REQUIRED.— 

22 Nothing in this section shall be construed as requir23 ing the eligible entity to maintain separate records 

24 tracing any services or activities conducted under 

25 the approved plan to the individual programs under 
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1 which funds were authorized for the services or ac2 tivities, nor shall the eligible entity be required to al3 locate expenditures among such individual programs. 

4 ‘‘(m) OVERAGE.—The eligible entity may commingle 

5 all administrative funds from the consolidated programs 

6 and shall be entitled to the full amount of such funds 

7 (under each program’s or agency’s regulations). The over8 age (defined as the difference between the amount of the 

9 commingled funds and the actual administrative cost of 

10 the programs) shall be considered to be properly spent for 

11 Federal audit purposes, if the overage is used for the pur12 poses provided for under this section. 

13 ‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this 

14 part shall be construed so as to interfere with the ability 

15 of the Secretary or the lead agency to fulfill the respon16 sibilities for the safeguarding of Federal funds pursuant 

17 to chapter 75 of title 31, United States Code. 

18 ‘‘(o) REPORT ON STATUTORY OBSTACLES TO PRO19 GRAM INTEGRATION.— 

20 ‘‘(1) PRELIMINARY REPORT.—Not later than 2 

21 years after the date of enactment of the Student 

22 Success Act of 2013, the Secretary of Education 

23 shall submit a preliminary report to the Committee 

24 on Education and the Workforce and the Committee 

25 on Natural Resources of the House of Representa-
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1 tives and the Committee on Health, Education, 

2 Labor, and Pensions and the Committee on Indian 

3 Affairs of the Senate on the status of the implemen4 tation of the demonstration projects authorized 

5 under this section. 

6 ‘‘(2) FINAL REPORT.—Not later than 5 years 

7 after the date of enactment of the Student Success 

8 Act of 2013, the Secretary of Education shall sub9 mit a report to the Committee on Education and the 

10 Workforce and the Committee on Natural Resources 

11 of the House of Representatives and the Committee 

12 on Health, Education, Labor, and Pensions and the 

13 Committee on Indian Affairs of the Senate on the 

14 results of the implementation of the demonstration 

15 projects authorized under this section. Such report 

16 shall identify statutory barriers to the ability of par17 ticipants to integrate more effectively their education 

18 and related services to Indian students in a manner 

19 consistent with the objectives of this section. 

20 ‘‘(p) DEFINITIONS.—For the purposes of this section, 

21 the term ‘Secretary’ means— 

22 ‘‘(1) the Secretary of the Interior, in the case 

23 of an entity meeting the definition of a contract or 

24 grant school under title XI of the Education Amend25 ments of 1978; or 
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1 ‘‘(2) the Secretary of Education, in the case of 

2 any other entity. 

3 ‘‘SEC. 6117. STUDENT ELIGIBILITY FORMS. 

4 ‘‘(a) IN GENERAL.—The Secretary shall require that, 

5 as part of an application for a grant under this subpart, 

6 each applicant shall maintain a file, with respect to each 

7 Indian child for whom the local educational agency pro8 vides a free public education, that contains a form that 

9 sets forth information establishing the status of the child 

10 as an Indian child eligible for assistance under this sub11 part, and that otherwise meets the requirements of sub12 section (b). 

13 ‘‘(b) FORMS.—The form described in subsection (a) 

14 shall include— 

15 ‘‘(1) either— 

16 ‘‘(A)(i) the name of the tribe or band of 

17 Indians (as defined in section 6151) with re18 spect to which the child claims membership; 

19 ‘‘(ii) the enrollment or membership number 

20 establishing the membership of the child (if 

21 readily available); and 

22 ‘‘(iii) the name and address of the organi23 zation that maintains updated and accurate 

24 membership data for such tribe or band of Indi25 ans; or 
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1 ‘‘(B) the name, the enrollment or member2 ship number (if readily available), and the name 

3 and address of the organization responsible for 

4 maintaining updated and accurate membership 

5 data, of any parent or grandparent of the child 

6 from whom the child claims eligibility under 

7 this subpart, if the child is not a member of the 

8 tribe or band of Indians (as so defined); 

9 ‘‘(2) a statement of whether the tribe or band 

10 of Indians (as so defined), with respect to which the 

11 child, or parent or grandparent of the child, claims 

12 membership, is federally recognized; 

13 ‘‘(3) the name and address of the parent or 

14 legal guardian of the child; 

15 ‘‘(4) a signature of the parent or legal guardian 

16 of the child that verifies the accuracy of the informa17 tion supplied; and 

18 ‘‘(5) any other information that the Secretary 

19 considers necessary to provide an accurate program 

20 profile. 

21 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this 

22 section shall be construed to affect a definition contained 

23 in section 6151. 

24 ‘‘(d) DOCUMENTATION AND TYPES OF PROOF.— 
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1 ‘‘(1) TYPES OF PROOF.—For purposes of deter2 mining whether a child is eligible to be counted for 

3 the purpose of computing the amount of a grant 

4 award under section 6113, the membership of the 

5 child, or any parent or grandparent of the child, in 

6 a tribe or band of Indians (as so defined) may be 

7 established by proof other than an enrollment num8 ber, notwithstanding the availability of an enroll9 ment number for a member of such tribe or band. 

10 Nothing in subsection (b) shall be construed to re11 quire the furnishing of an enrollment number. 

12 ‘‘(2) NO NEW OR DUPLICATIVE DETERMINA13 TIONS.—Once a child is determined to be an Indian 

14 eligible to be counted for such grant award, the local 

15 education agency shall maintain a record of such de16 termination and shall not require a new or duplicate 

17 determination to be made for such child for a subse18 quent application for a grant under this subpart. 

19 ‘‘(3) PREVIOUSLY FILED FORMS.—An Indian 

20 student eligibility form that was on file as required 

21 by this section on the day before the date of enact22 ment of the Student Success Act of 2013 and that 

23 met the requirements of this section, as this section 

24 was in effect on the day before the date of enact-
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1 ment of such Act, shall remain valid for such Indian 

2 student. 

3 ‘‘(e) MONITORING AND EVALUATION REVIEW.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) REVIEW.—For each fiscal year, in 

6 order to provide such information as is nec7 essary to carry out the responsibility of the Sec8 retary to provide technical assistance under this 

9 subpart, the Secretary shall conduct a moni10 toring and evaluation review of a sampling of 

11 the recipients of grants under this subpart. The 

12 sampling conducted under this subparagraph 

13 shall take into account the size of and the geo14 graphic location of each local educational agen15 cy. 

16 ‘‘(B) EXCEPTION.—A local educational 

17 agency may not be held liable to the United 

18 States or be subject to any penalty, by reason 

19 of the findings of an audit that relates to the 

20 date of completion, or the date of submission, 

21 of any forms used to establish, before April 28, 

22 1988, the eligibility of a child for an entitle23 ment under the Indian Elementary and Sec24 ondary School Assistance Act. 
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1 ‘‘(2) FALSE INFORMATION.—Any local edu2 cational agency that provides false information in an 

3 application for a grant under this subpart shall— 

4 ‘‘(A) be ineligible to apply for any other 

5 grant under this subpart; and 

6 ‘‘(B) be liable to the United States for any 

7 funds from the grant that have not been ex8 pended. 

9 ‘‘(3) EXCLUDED CHILDREN.—A student who 

10 provides false information for the form required 

11 under subsection (a) shall not be counted for the 

12 purpose of computing the amount of a grant under 

13 section 6113. 

14 ‘‘(f) TRIBAL GRANT AND CONTRACT SCHOOLS.— 

15 Notwithstanding any other provision of this section, in cal16 culating the amount of a grant under this subpart to a 

17 tribal school that receives a grant or contract from the 

18 Bureau of Indian Education, the Secretary shall use only 

19 one of the following, as selected by the school: 

20 ‘‘(1) A count of the number of students in the 

21 schools certified by the Bureau. 

22 ‘‘(2) A count of the number of students for 

23 whom the school has eligibility forms that comply 

24 with this section. 
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1 ‘‘(g) TIMING OF CHILD COUNTS.—For purposes of 

2 determining the number of children to be counted in calcu3 lating the amount of a local educational agency’s grant 

4 under this subpart (other than in the case described in 

5 subsection (f)(1)), the local educational agency shall— 

6 ‘‘(1) establish a date on, or a period not longer 

7 than 31 consecutive days during, which the agency 

8 counts those children, if that date or period occurs 

9 before the deadline established by the Secretary for 

10 submitting an application under section 6114; and 

11 ‘‘(2) determine that each such child was en12 rolled, and receiving a free public education, in a 

13 school of the agency on that date or during that pe14 riod, as the case may be. 

15 ‘‘SEC. 6118. PAYMENTS. 

16 ‘‘(a) IN GENERAL.—Subject to subsections (b) and 

17 (c), the Secretary shall pay to each local educational agen18 cy that submits an application that is approved by the Sec19 retary under this subpart the amount determined under 

20 section 6113. The Secretary shall notify the local edu21 cational agency of the amount of the payment not later 

22 than June 1 of the year for which the Secretary makes 

23 the payment. 

24 ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE

25 STATE.—The Secretary may not make a grant under this 
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1 subpart to a local educational agency for a fiscal year if, 

2 for such fiscal year, the State in which the local edu3 cational agency is located takes into consideration pay4 ments made under this chapter in determining the eligi5 bility of the local educational agency for State aid, or the 

6 amount of the State aid, with respect to the free public 

7 education of children during such fiscal year or the pre8 ceding fiscal year. 

9 ‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO

10 MAINTAIN FISCAL EFFORT.— 

11 ‘‘(1) IN GENERAL.—The Secretary may not pay 

12 a local educational agency the full amount of a grant 

13 award determined under section 6113 for any fiscal 

14 year unless the State educational agency notifies the 

15 Secretary, and the Secretary determines, that with 

16 respect to the provision of free public education by 

17 the local educational agency for the preceding fiscal 

18 year, the combined fiscal effort of the local edu19 cational agency and the State, computed on either a 

20 per student or aggregate expenditure basis, was not 

21 less than 90 percent of the amount of the combined 

22 fiscal effort, computed on the same basis, for the 

23 second preceding fiscal year. 

24 ‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for 

25 the preceding fiscal year, the Secretary determines 
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1 that a local educational agency and State failed to 

2 maintain the combined fiscal effort for such agency 

3 at the level specified in paragraph (1), the Secretary 

4 shall— 

5 ‘‘(A) reduce the amount of the grant that 

6 would otherwise be made to such agency under 

7 this subpart in the exact proportion of the fail8 ure to maintain the fiscal effort at such level; 

9 and 

10 ‘‘(B) not use the reduced amount of the 

11 agency and State expenditures for the pre12 ceding year to determine compliance with para13 graph (1) for any succeeding fiscal year, but 

14 shall use the amount of expenditures that would 

15 have been required to comply with paragraph 

16 (1). 

17 ‘‘(3) WAIVER.— 

18 ‘‘(A) IN GENERAL.—The Secretary may 

19 waive the requirement of paragraph (1) for a 

20 local educational agency, for not more than 1 

21 year at a time, if the Secretary determines that 

22 the failure to comply with such requirement is 

23 due to exceptional or uncontrollable cir24 cumstances, such as a natural disaster or a pre-
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1 cipitous and unforeseen decline in the agency’s 

2 financial resources. 

3 ‘‘(B) FUTURE DETERMINATIONS.—The 

4 Secretary shall not use the reduced amount of 

5 the agency’s expenditures for the fiscal year 

6 preceding the fiscal year for which a waiver is 

7 granted to determine compliance with para8 graph (1) for any succeeding fiscal year, but 

9 shall use the amount of expenditures that would 

10 have been required to comply with paragraph 

11 (1) in the absence of the waiver. 

12 ‘‘(d) REALLOCATIONS.—The Secretary may reallo13 cate, in a manner that the Secretary determines will best 

14 carry out the purpose of this subpart, any amounts that— 

15 ‘‘(1) based on estimates made by local edu16 cational agencies or other information, the Secretary 

17 determines will not be needed by such agencies to 

18 carry out approved programs under this subpart; or 

19 ‘‘(2) otherwise become available for reallocation 

20 under this subpart. 

21 ‘‘SEC. 6119. STATE EDUCATIONAL AGENCY REVIEW. 

22 ‘‘Before submitting an application to the Secretary 

23 under section 6114, a local educational agency shall sub24 mit the application to the State educational agency, which 

25 may comment on such application. If the State educational 
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1 agency comments on the application, the agency shall com2 ment on all applications submitted by local educational 

3 agencies in the State and shall provide those comments 

4 to the respective local educational agencies, with an oppor5 tunity to respond. 

6 ‘‘SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO

7 IMPROVE EDUCATIONAL OPPORTUNITIES FOR IN8 DIAN CHILDREN AND YOUTH

9 ‘‘SEC. 6121. SPECIAL PROGRAMS AND PROJECTS TO IM10 PROVE EDUCATIONAL OPPORTUNITIES FOR 

11 INDIAN CHILDREN AND YOUTH. 

12 ‘‘(a) PURPOSE.— 

13 ‘‘(1) IN GENERAL.—It is the purpose of this 

14 section to support projects to develop, test, and dem15 onstrate the effectiveness of services and programs 

16 to improve educational opportunities and achieve17 ment of Indian children and youth. 

18 ‘‘(2) COORDINATION.—The Secretary shall take 

19 the necessary actions to achieve the coordination of 

20 activities assisted under this subpart with— 

21 ‘‘(A) other programs funded under this 

22 Act; and 

23 ‘‘(B) other Federal programs operated for 

24 the benefit of American Indian and Alaska Na25 tive children and youth. 
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1 ‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 

2 ‘eligible entity’ means a State educational agency, local 

3 educational agency, Indian tribe, Indian organization, fed4 erally supported elementary school or secondary school for 

5 Indian students, Indian institution (including an Indian 

6 institution of higher education), Alaska Native Organiza7 tion, or a consortium of such entities. 

8 ‘‘(c) GRANTS AUTHORIZED.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall award 

10 grants to eligible entities to enable such entities to 

11 carry out activities that meet the purpose of this 

12 section, including— 

13 ‘‘(A) innovative programs related to the 

14 educational needs of educationally disadvan15 taged children and youth; 

16 ‘‘(B) educational services that are not 

17 available to such children and youth in suffi18 cient quantity or quality, including remedial in19 struction, to raise the achievement of Indian 

20 and Alaska Native children in one or more of 

21 the core academic subjects of English, mathe22 matics, science, foreign languages, art, history, 

23 and geography; 

24 ‘‘(C) bilingual and bicultural programs and 

25 projects; 
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1 ‘‘(D) special health and nutrition services, 

2 and other related activities, that address the 

3 special health, social, emotional, and psycho4 logical problems of Indian children; 

5 ‘‘(E) special compensatory and other pro6 grams and projects designed to assist and en7 courage Indian children to enter, remain in, or 

8 reenter school, and to increase the rate of high 

9 school graduation for Indian children; 

10 ‘‘(F) comprehensive guidance, counseling, 

11 and testing services; 

12 ‘‘(G) high quality early childhood education 

13 programs that are effective in preparing young 

14 children to make sufficient academic growth by 

15 the end of grade 3, including kindergarten and 

16 pre-kindergarten programs, family-based pre17 school programs that emphasize school readi18 ness, screening and referral, and the provision 

19 of services to Indian children and youth with 

20 disabilities; 

21 ‘‘(H) partnership projects between local 

22 educational agencies and institutions of higher 

23 education that allow secondary school students 

24 to enroll in courses at the postsecondary level to 
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1 aid such students in the transition from sec2 ondary to postsecondary education; 

3 ‘‘(I) partnership projects between schools 

4 and local businesses for career preparation pro5 grams designed to provide Indian youth with 

6 the knowledge and skills such youth need to 

7 make an effective transition from school to a 

8 high-skill, high-wage career; 

9 ‘‘(J) programs designed to encourage and 

10 assist Indian students to work toward, and gain 

11 entrance into, an institution of higher edu12 cation; 

13 ‘‘(K) family literacy services; 

14 ‘‘(L) activities that recognize and support 

15 the unique cultural and educational needs of In16 dian children, and incorporate appropriately 

17 qualified tribal elders and seniors; 

18 ‘‘(M) high quality professional development 

19 of teaching professionals and paraprofessionals; 

20 or 

21 ‘‘(N) other services that meet the purpose 

22 described in this section. 

23 ‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— 

24 ‘‘(1) GRANT REQUIREMENTS.— 
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1 ‘‘(A) IN GENERAL.—The Secretary may 

2 make multiyear grants under subsection (c) for 

3 the planning, development, pilot operation, or 

4 demonstration of any activity described in sub5 section (c) for a period not to exceed 5 years. 

6 ‘‘(B) PRIORITY.—In making multiyear 

7 grants described in this paragraph, the Sec8 retary shall give priority to entities submitting 

9 applications that present a plan for combining 

10 two or more of the activities described in sub11 section (c) over a period of more than 1 year. 

12 ‘‘(C) PROGRESS.—The Secretary shall 

13 make a grant payment for a grant described in 

14 this paragraph to an eligible entity after the 

15 initial year of the multiyear grant only if the 

16 Secretary determines that the eligible entity has 

17 made substantial progress in carrying out the 

18 activities assisted under the grant in accordance 

19 with the application submitted under paragraph 

20 (3) and any subsequent modifications to such 

21 application. 

22 ‘‘(2) DISSEMINATION GRANTS.— 

23 ‘‘(A) IN GENERAL.—In addition to award24 ing the multiyear grants described in paragraph 

25 (1), the Secretary may award grants under sub-
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1 section (c) to eligible entities for the dissemina2 tion of exemplary materials or programs as3 sisted under this section. 

4 ‘‘(B) DETERMINATION.—The Secretary 

5 may award a dissemination grant described in 

6 this paragraph if, prior to awarding the grant, 

7 the Secretary determines that the material or 

8 program to be disseminated— 

9 ‘‘(i) has been adequately reviewed; 

10 ‘‘(ii) has demonstrated educational 

11 merit; and 

12 ‘‘(iii) can be replicated. 

13 ‘‘(3) APPLICATION.— 

14 ‘‘(A) IN GENERAL.—Any eligible entity 

15 that desires to receive a grant under this sec16 tion shall submit an application to the Sec17 retary at such time and in such manner as the 

18 Secretary may reasonably require. 

19 ‘‘(B) CONTENTS.—Each application sub20 mitted to the Secretary under subparagraph 

21 (A), other than an application for a dissemina22 tion grant under paragraph (2), shall contain— 

23 ‘‘(i) a description of how parents of 

24 Indian children and representatives of In25 dian tribes have been, and will be, involved 
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1 in developing and implementing the activi2 ties for which assistance is sought; 

3 ‘‘(ii) assurances that the applicant will 

4 participate, at the request of the Secretary, 

5 in any national evaluation of activities as6 sisted under this section; 

7 ‘‘(iii) information demonstrating that 

8 the proposed program for the activities is 

9 a scientifically based research program, 

10 where applicable, which may include a pro11 gram that has been modified to be cul12 turally appropriate for students who will be 

13 served; 

14 ‘‘(iv) a description of how the appli15 cant will incorporate the proposed activities 

16 into the ongoing school program involved 

17 once the grant period is over; and 

18 ‘‘(v) such other assurances and infor19 mation as the Secretary may reasonably 

20 require. 

21 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per22 cent of the funds provided to a grantee under this subpart 

23 for any fiscal year may be used for administrative pur24 poses. 
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1 ‘‘SEC. 6122. PROFESSIONAL DEVELOPMENT FOR TEACHERS 

2 AND EDUCATION PROFESSIONALS. 

3 ‘‘(a) PURPOSES.—The purposes of this section are— 

4 ‘‘(1) to increase the number of qualified Indian 

5 and Alaska Native teachers and administrators serv6 ing Indian and Alaska Native students; 

7 ‘‘(2) to provide training to qualified Indian and 

8 Alaska Native individuals to become educators and 

9 education support service professionals; and 

10 ‘‘(3) to improve the skills of qualified Indian in11 dividuals who serve in the capacities described in 

12 paragraph (2). 

13 ‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this 

14 section, the term ‘eligible entity’ means— 

15 ‘‘(1) an institution of higher education, includ16 ing an Indian institution of higher education; 

17 ‘‘(2) a State educational agency or local edu18 cational agency, in consortium with an institution of 

19 higher education; 

20 ‘‘(3) an Indian tribe or organization, in consor21 tium with an institution of higher education; and 

22 ‘‘(4) a Bureau-funded school (as defined in sec23 tion 1146 of the Education Amendments of 1978). 

24 ‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au25 thorized to award grants to eligible entities having applica-
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1 tions approved under this section to enable those entities 

2 to carry out the activities described in subsection (d). 

3 ‘‘(d) AUTHORIZED ACTIVITIES.— 

4 ‘‘(1) IN GENERAL.—Grant funds under this sec5 tion shall be used for activities to provide support 

6 and training for Indian individuals in a manner con7 sistent with the purposes of this section. Such activi8 ties may include continuing programs, symposia, 

9 workshops, conferences, and direct financial support, 

10 and may include programs designed to train tribal 

11 elders and seniors. 

12 ‘‘(2) SPECIAL RULES.— 

13 ‘‘(A) TYPE OF TRAINING.—For education 

14 personnel, the training received pursuant to a 

15 grant under this section may be inservice or 

16 preservice training. 

17 ‘‘(B) PROGRAM.—For individuals who are 

18 being trained to enter any field other than 

19 teaching, the training received pursuant to a 

20 grant under this section shall be in a program 

21 that results in a graduate degree. 

22 ‘‘(e) APPLICATION.—Each eligible entity desiring a 

23 grant under this section shall submit an application to the 

24 Secretary at such time, in such manner, and accompanied 
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1 by such information, as the Secretary may reasonably re2 quire. At a minimum 

3 ‘‘(f) SPECIAL RULE.—In awarding grants under this 

4 section, the Secretary— 

5 ‘‘(1) shall consider the prior performance of the 

6 eligible entity; and 

7 ‘‘(2) may not limit eligibility to receive a grant 

8 under this section on the basis of— 

9 ‘‘(A) the number of previous grants the 

10 Secretary has awarded such entity; or 

11 ‘‘(B) the length of any period during which 

12 such entity received such grants. 

13 ‘‘(g) GRANT PERIOD.—Each grant under this section 

14 shall be awarded for a period of not more than 5 years. 

15 ‘‘(h) SERVICE OBLIGATION.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall re17 quire, by regulation, that an individual who receives 

18 training pursuant to a grant made under this sec19 tion— 

20 ‘‘(A) perform work— 

21 ‘‘(i) related to the training received 

22 under this section; and 

23 ‘‘(ii) that benefits Indian people; or 

24 ‘‘(B) repay all or a prorated part of the as25 sistance received. 
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1 ‘‘(2) REPORTING.—The Secretary shall estab2 lish, by regulation, a reporting procedure under 

3 which a grant recipient under this section shall, not 

4 later than 12 months after the date of completion of 

5 the training, and periodically thereafter, provide in6 formation concerning compliance with the work re7 quirement under paragraph (1). 

8 ‘‘SEC. 6123. TRIBAL EDUCATION AGENCIES COOPERATIVE 

9 AGREEMENTS. 

10 ‘‘(a) PURPOSE.—Tribes may enter into written coop11 erative agreements with the State educational agency and 

12 the local educational agencies operating a school or schools 

13 within Indian lands. For purposes of this section, the term 

14 ‘Indian land’ has the meaning given that term in section 

15 8013. 

16 ‘‘(b) COOPERATIVE AGREEMENT.—If requested by 

17 the Indian tribe, the State educational agency or the local 

18 educational agency may enter into a cooperative agree19 ment with the Indian tribe. Such cooperative agreement— 

20 ‘‘(1) may authorize the tribe or such tribe’s re21 spective tribal education agency to plan, conduct, 

22 consolidate, and administer programs, services, func23 tions, and activities, or portions thereof, adminis24 tered by the State educational agency or the local 

25 educational agency; 
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1 ‘‘(2) may authorize the tribe or such tribe’s re2 spective tribal education agency to reallocate funds 

3 for such programs, services, functions, and activities, 

4 or portions thereof as necessary; and 

5 ‘‘(3) shall— 

6 ‘‘(A) only confer the tribe or such tribe’s 

7 respective tribal education agency with respon8 sibilities to conduct activities described in para9 graph (1) such that the burden assumed by the 

10 tribe or the tribal education agency for con11 ducting such is commensurate with the benefit 

12 that doing so conveys to all parties of the agree13 ment; and 

14 ‘‘(B) be based solely on terms of the writ15 ten agreement decided upon by the Indian tribe 

16 and the State educational agency or local edu17 cation agency. 

18 ‘‘(c) DISAGREEMENT.—Agreements shall only be 

19 valid if the Indian tribe and State educational agency or 

20 local educational agency agree fully in writing to all of 

21 the terms of the written cooperative agreement. 

22 ‘‘(d) COMPLIANCE WITH APPLICABLE LAW.—Noth23 ing in this section shall be construed to relieve any party 

24 to a cooperative agreement from complying with all appli25 cable Federal, State, local laws. State and local edu-
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1 cational agencies are still the ultimate responsible, liable 

2 parties for complying with all laws and funding require3 ments for any functions that are conveyed to tribes and 

4 tribal education agencies through the cooperative agree5 ments. 

6 ‘‘(e) DEFINITION.—For the purposes of this subpart, 

7 the term ‘Indian Tribe’ means any tribe or band that is 

8 officially recognized by the Secretary of the Interior. 

9 ‘‘SUBPART 3—NATIONAL ACTIVITIES

10 ‘‘SEC. 6131. NATIONAL RESEARCH ACTIVITIES. 

11 ‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may 

12 use funds made available to carry out this subpart for each 

13 fiscal year to— 

14 ‘‘(1) conduct research related to effective ap15 proaches for improving the academic achievement 

16 and development of Indian and Alaska Native chil17 dren and adults; 

18 ‘‘(2) collect and analyze data on the educational 

19 status and needs of Indian and Alaska Native stu20 dents; and 

21 ‘‘(3) carry out other activities that are con22 sistent with the purpose of this part. 

23 ‘‘(b) ELIGIBILITY.—The Secretary may carry out any 

24 of the activities described in subsection (a) directly or 

25 through grants to, or contracts or cooperative agreements 
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1 with, Indian tribes, Indian organizations, State edu2 cational agencies, local educational agencies, institutions 

3 of higher education, including Indian institutions of higher 

4 education, and other public and private agencies and insti5 tutions. 

6 ‘‘(c) COORDINATION.—Research activities supported 

7 under this section— 

8 ‘‘(1) shall be coordinated with appropriate of9 fices within the Department; and 

10 ‘‘(2) may include collaborative research activi11 ties that are jointly funded and carried out by the 

12 Office of Indian Education Programs, the Office of 

13 Educational Research and Improvement, the Bureau 

14 of Indian Education, and the Institute of Education 

15 Sciences. 

16 ‘‘SEC. 6132. IMPROVEMENT OF ACADEMIC SUCCESS FOR 

17 STUDENTS THROUGH NATIVE AMERICAN 

18 LANGUAGE. 

19 ‘‘(a) PURPOSE.—It is the purpose of this section to 

20 improve educational opportunities and academic achieve21 ment of Indian and Alaska Native students through Na22 tive American language programs and to foster the acqui23 sition of Native American language. 

24 ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec25 tion, the term ‘eligible entity’ means a State educational 
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1 agency, local educational agency, Indian tribe, Indian or2 ganization, federally supported elementary school or sec3 ondary school for Indian students, Indian institution (in4 cluding an Indian institution of higher education), or a 

5 consortium of such entities. 

6 ‘‘(c) GRANTS AUTHORIZED.—The Secretary shall 

7 award grants to eligible entities to enable such entities to 

8 carry out the following activities: 

9 ‘‘(1) Native American language programs 

10 that— 

11 ‘‘(A) provide instruction through the use of 

12 a Native American language for not less than 

13 10 children for an average of not less than 500 

14 hours per year per student; 

15 ‘‘(B) provide for the involvement of par16 ents, caregivers, and families of students en17 rolled in the program; 

18 ‘‘(C) utilize, and may include the develop19 ment of, instructional courses and materials for 

20 learning Native American languages and for in21 struction through the use of Native American 

22 languages; 

23 ‘‘(D) provide support for professional de24 velopment activities; and 
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1 ‘‘(E) include a goal of all students achiev2 ing— 

3 ‘‘(i) fluency in a Native American lan4 guage; and 

5 ‘‘(ii) academic proficiency in mathe6 matics, English, reading or language arts, 

7 and science. 

8 ‘‘(2) Native American language restoration pro9 grams that— 

10 ‘‘(A) provide instruction in not less than 1 

11 Native American language; 

12 ‘‘(B) provide support for professional de13 velopment activities for teachers of Native 

14 American languages; 

15 ‘‘(C) develop instructional materials for the 

16 programs; and 

17 ‘‘(D) include the goal of increasing pro18 ficiency and fluency in not less than 1 Native 

19 American language. 

20 ‘‘(d) APPLICATION.— 

21 ‘‘(1) IN GENERAL.—An eligible entity that de22 sires to receive a grant under this section shall sub23 mit an application to the Secretary at such time, in 

24 such manner, and accompanied by such information 

25 as the Secretary may require. 
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1 ‘‘(2) CERTIFICATION.—An eligible entity that 

2 submits an application for a grant to carry out the 

3 activity specified in subsection (c)(1), shall include 

4 in such application a certification that assures that 

5 such entity has experience and a demonstrated 

6 record of effectiveness in operating and admin7 istering a Native American language program or any 

8 other educational program in which instruction is 

9 conducted in a Native American language. 

10 ‘‘(e) GRANT DURATION.—The Secretary shall make 

11 grants under this section only on a multi-year basis. Each 

12 such grant shall be for a period not to exceed 5 years. 

13 ‘‘(f) DEFINITION.—In this section, the term ‘average’ 

14 means the aggregate number of hours of instruction 

15 through the use of a Native American language to all stu16 dents enrolled in a Native American language program 

17 during a school year divided by the total number of stu18 dents enrolled in the program. 

19 ‘‘(g) ADMINISTRATIVE COSTS.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), not more than 5 percent of the funds pro22 vided to a grantee under this section for any fiscal 

23 year may be used for administrative purposes. 

24 ‘‘(2) EXCEPTION.—An elementary school or 

25 secondary school for Indian students that receives 
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1 funds from a recipient of a grant under subsection 

2 (c) for any fiscal year may use not more than 10 

3 percent of the funds for administrative purposes. 

4 ‘‘SEC. 6133. GRANTS TO TRIBES FOR EDUCATION ADMINIS5 TRATIVE PLANNING AND DEVELOPMENT. 

6 ‘‘(a) IN GENERAL.—The Secretary may make grants 

7 to Indian tribes, and tribal organizations approved by In8 dian tribes, to plan and develop a centralized tribal admin9 istrative entity to— 

10 ‘‘(1) coordinate all education programs operated 

11 by the tribe or within the territorial jurisdiction of 

12 the tribe; 

13 ‘‘(2) develop education codes for schools within 

14 the territorial jurisdiction of the tribe; 

15 ‘‘(3) provide support services and technical as16 sistance to schools serving children of the tribe; and 

17 ‘‘(4) perform child-find screening services for 

18 the preschool-aged children of the tribe to— 

19 ‘‘(A) ensure placement in appropriate edu20 cational facilities; and 

21 ‘‘(B) coordinate the provision of any need22 ed special services for conditions such as dis23 abilities and English language skill deficiencies. 

24 ‘‘(b) PERIOD OF GRANT.—Each grant awarded under 

25 this section may be awarded for a period of not more than 
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1 3 years. Such grant may be renewed upon the termination 

2 of the initial period of the grant if the grant recipient dem3 onstrates to the satisfaction of the Secretary that renew4 ing the grant for an additional 3-year period is necessary 

5 to carry out the objectives of the grant described in sub6 section (c)(2)(A). 

7 ‘‘(c) APPLICATION FOR GRANT.— 

8 ‘‘(1) IN GENERAL.—Each Indian tribe and trib9 al organization desiring a grant under this section 

10 shall submit an application to the Secretary at such 

11 time, in such manner, containing such information, 

12 and consistent with such criteria, as the Secretary 

13 may prescribe in regulations. 

14 ‘‘(2) CONTENTS.—Each application described in 

15 paragraph (1) shall contain— 

16 ‘‘(A) a statement describing the activities 

17 to be conducted, and the objectives to be 

18 achieved, under the grant; and 

19 ‘‘(B) a description of the method to be 

20 used for evaluating the effectiveness of the ac21 tivities for which assistance is sought and for 

22 determining whether such objectives are 

23 achieved. 

24 ‘‘(3) APPROVAL.—The Secretary may approve 

25 an application submitted by a tribe or tribal organi-
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1 zation pursuant to this section only if the Secretary 

2 is satisfied that such application, including any doc3 umentation submitted with the application— 

4 ‘‘(A) demonstrates that the applicant has 

5 consulted with other education entities, if any, 

6 within the territorial jurisdiction of the appli7 cant who will be affected by the activities to be 

8 conducted under the grant; 

9 ‘‘(B) provides for consultation with such 

10 other education entities in the operation and 

11 evaluation of the activities conducted under the 

12 grant; and 

13 ‘‘(C) demonstrates that there will be ade14 quate resources provided under this section or 

15 from other sources to complete the activities for 

16 which assistance is sought, except that the 

17 availability of such other resources shall not be 

18 a basis for disapproval of such application. 

19 ‘‘(d) RESTRICTION.—A tribe may not receive funds 

20 under this section if such tribe receives funds under sec21 tion 1144 of the Education Amendments of 1978. 
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1 ‘‘SUBPART 4—FEDERAL ADMINISTRATION

2 ‘‘SEC. 6141. NATIONAL ADVISORY COUNCIL ON INDIAN EDU3 CATION. 

4 ‘‘(a) MEMBERSHIP.—There is established a National 

5 Advisory Council on Indian Education (hereafter in this 

6 section referred to as the ‘Council’), which shall— 

7 ‘‘(1) consist of 15 Indian members, who shall 

8 be appointed by the President from lists of nominees 

9 furnished, from time to time, by Indian tribes and 

10 organizations; and 

11 ‘‘(2) represent different geographic areas of the 

12 United States. 

13 ‘‘(b) DUTIES.—The Council shall— 

14 ‘‘(1) advise the Secretary concerning the fund15 ing and administration (including the development of 

16 regulations and administrative policies and prac17 tices) of any program, including any program estab18 lished under this part— 

19 ‘‘(A) with respect to which the Secretary 

20 has jurisdiction; and 

21 ‘‘(B)(i) that includes Indian children or 

22 adults as participants; or 

23 ‘‘(ii) that may benefit Indian children or 

24 adults; 
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1 ‘‘(2) make recommendations to the Secretary 

2 for filling the position of Director of Indian Edu3 cation whenever a vacancy occurs; and 

4 ‘‘(3) submit to Congress, not later than June 

5 30 of each year, a report on the activities of the 

6 Council, including— 

7 ‘‘(A) any recommendations that the Coun8 cil considers appropriate for the improvement of 

9 Federal education programs that include Indian 

10 children or adults as participants, or that may 

11 benefit Indian children or adults; and 

12 ‘‘(B) recommendations concerning the 

13 funding of any program described in subpara14 graph (A). 

15 ‘‘SEC. 6142. PEER REVIEW. 

16 ‘‘The Secretary may use a peer review process to re17 view applications submitted to the Secretary under sub18 part 2 or subpart 3. 

19 ‘‘SEC. 6143. PREFERENCE FOR INDIAN APPLICANTS. 

20 ‘‘In making grants and entering into contracts or co21 operative agreements under subpart 2 or subpart 3, the 

22 Secretary shall give a preference to Indian tribes, organi23 zations, and institutions of higher education under any 

24 program with respect to which Indian tribes, organiza-
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1 tions, and institutions are eligible to apply for grants, con2 tracts, or cooperative agreements. 

3 ‘‘SEC. 6144. MINIMUM GRANT CRITERIA. 

4 ‘‘The Secretary may not approve an application for 

5 a grant, contract, or cooperative agreement under subpart 

6 2 or subpart 3 unless the application is for a grant, con7 tract, or cooperative agreement that is— 

8 ‘‘(1) of sufficient size, scope, and quality to 

9 achieve the purpose or objectives of such grant, con10 tract, or cooperative agreement; and 

11 ‘‘(2) based on relevant research findings. 

12 ‘‘SUBPART 5—DEFINITIONS; AUTHORIZATIONS OF

13 APPROPRIATIONS

14 ‘‘SEC. 6151. DEFINITIONS. 

15 ‘‘For the purposes of this part: 

16 ‘‘(1) ADULT.—The term ‘adult’ means an indi17 vidual who— 

18 ‘‘(A) has attained the age of 16 years; or 

19 ‘‘(B) has attained an age that is greater 

20 than the age of compulsory school attendance 

21 under an applicable State law. 

22 ‘‘(2) FREE PUBLIC EDUCATION.—The term 

23 ‘free public education’ means education that is— 
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1 ‘‘(A) provided at public expense, under 

2 public supervision and direction, and without 

3 tuition charge; and 

4 ‘‘(B) provided as elementary or secondary 

5 education in the applicable State or to preschool 

6 children. 

7 ‘‘(3) INDIAN.—The term ‘Indian’ means an in8 dividual who is— 

9 ‘‘(A) a member of an Indian tribe or band, 

10 as membership is defined by the tribe or band, 

11 including— 

12 ‘‘(i) any tribe or band terminated 

13 since 1940; and 

14 ‘‘(ii) any tribe or band recognized by 

15 the State in which the tribe or band re16 sides; 

17 ‘‘(B) a descendant, in the first or second 

18 degree, of an individual described in subpara19 graph (A); 

20 ‘‘(C) considered by the Secretary of the In21 terior to be an Indian for any purpose; 

22 ‘‘(D) an Alaska Native, as defined in sec23 tion 6206(1); or 

24 ‘‘(E) a member of an organized Indian 

25 group that received a grant under the Indian 
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1 Education Act of 1988 as in effect the day pre2 ceding the date of enactment of the Improving 

3 America’s Schools Act of 1994. 

4 ‘‘(4) ALASKA NATIVE ORGANIZATION.—The 

5 term ‘Alaska Native Organization’ has the same 

6 meaning as defined in section 6206(2). 

7 ‘‘SEC. 6152. AUTHORIZATIONS OF APPROPRIATIONS. 

8 ‘‘(a) SUBPART 1.—For the purpose of carrying out 

9 subpart 1, there are authorized to be appropriated 

10 $98,245,425 for each of fiscal years 2014 through 2019. 

11 ‘‘(b) SUBPARTS 2 AND 3.—For the purpose of car12 rying out subparts 2 and 3, there are authorized to be 

13 appropriated $33,303,534 for each of fiscal years 2014 

14 through 2019. 

15 ‘‘PART B—ALASKA NATIVE EDUCATION

16 ‘‘SEC. 6201. SHORT TITLE. 

17 ‘‘This part may be cited as the ‘Alaska Native Edu18 cational Equity, Support, and Assistance Act’. 

19 ‘‘SEC. 6202. FINDINGS. 

20 ‘‘Congress finds and declares the following: 

21 ‘‘(1) The preservation of culture and language 

22 is critical to the attainment of educational success, 

23 to the betterment of the conditions, and to the long24 term well-being, of Alaska Natives. Alaska Native 
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1 students must be afforded a culturally relevant edu2 cation. 

3 ‘‘(2) It is the policy of the Federal Government 

4 to maximize the leadership of and participation by 

5 Alaska Natives in the planning and the management 

6 of Alaska Native education programs and to support 

7 efforts developed by and undertaken within the Alas8 ka Native community to improve educational oppor9 tunity for all students. 

10 ‘‘(3) Many Alaska Native children enter and 

11 exit school with serious educational disadvantages. 

12 ‘‘(4) Overcoming the magnitude of the geo13 graphic challenges, historical inequities, and other 

14 barriers to successfully improving educational out15 comes for Alaska Native students in rural, village, 

16 and urban settings is challenging. Significant dis17 parities between academic achievement of Alaska 

18 Native students and non-Native students continues, 

19 including lower graduation rates, increased school 

20 dropout rates, and lower achievement scores on 

21 standardized tests. 

22 ‘‘(5) The preservation of Alaska Native cultures 

23 and languages and the integration of Alaska Native 

24 cultures and languages into education, positive iden25 tity development for Alaska Native students, and 
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1 local, place-based, and culture-based programming 

2 are critical to the attainment of educational success 

3 and the long-term well-being of Alaska Native stu4 dents. 

5 ‘‘(6) Improving educational outcomes for Alaska 

6 Native students increases access to employment op7 portunities. 

8 ‘‘(7) The programs and activities authorized 

9 under this part give priority to Alaska Native orga10 nizations as a means of increasing Alaska Native 

11 parents’ and community involvement in the pro12 motion of academic success of Alaska Native stu13 dents. 

14 ‘‘(8) The Federal Government should lend sup15 port to efforts developed by and undertaken within 

16 the Alaska Native community to improve educational 

17 opportunity for Alaska Native students. In 1983, 

18 pursuant to Public Law 98–63, Alaska ceased to re19 ceive educational funding from the Bureau of Indian 

20 Affairs. The Bureau of Indian Education does not 

21 operate any schools in Alaska, nor operate or fund 

22 Alaska Native education programs. The program 

23 under this part supports the Federal trust responsi24 bility of the United States to Alaska Natives. 
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1 ‘‘SEC. 6203. PURPOSES. 

2 ‘‘The purposes of this part are as follows: 

3 ‘‘(1) To recognize and address the unique edu4 cational needs of Alaska Natives. 

5 ‘‘(2) To recognize the role of Alaska Native lan6 guages and cultures in the educational success and 

7 long-term well-being of Alaska Native students. 

8 ‘‘(3) To integrate Alaska Native cultures and 

9 languages into education, develop Alaska Native stu10 dents’ positive identity, and support local place11 based and culture-based curriculum and program12 ming. 

13 ‘‘(4) To authorize the development, manage14 ment, and expansion of effective supplemental edu15 cational programs to benefit Alaska Natives. 

16 ‘‘(5) To provide direction and guidance to ap17 propriate Federal, State, and local agencies to focus 

18 resources, including resources made available under 

19 this part, on meeting the educational needs of Alas20 ka Natives. 

21 ‘‘(6) To ensure the maximum participation by 

22 Alaska Native educators and leaders in the planning, 

23 development, management, and evaluation of pro24 grams designed to serve Alaska Natives students, 

25 and to ensure Alaska Native organizations play a 
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1 meaningful role in supplemental educational services 

2 provided to Alaska Native students. 

3 ‘‘SEC. 6204. PROGRAM AUTHORIZED. 

4 ‘‘(a) GENERAL AUTHORITY.— 

5 ‘‘(1) GRANTS AND CONTRACTS.—The Secretary 

6 is authorized to make grants to, or enter into con7 tracts with, Alaska Native organizations, State edu8 cational agencies, local educational agencies, edu9 cational entities with experience in developing or op10 erating Alaska Native educational programs or pro11 grams of instruction conducted in Alaska Native lan12 guages, cultural and community-based organizations 

13 with experience in developing or operating programs 

14 to benefit the educational needs of Alaska Natives, 

15 and consortia of organizations and entities described 

16 in this paragraph, to carry out programs that meet 

17 the purposes of this part. 

18 ‘‘(2) ADDITIONAL REQUIREMENT.—A State 

19 educational agency, local educational agency, edu20 cational entity with experience in developing or oper21 ating Alaska Native educational programs or pro22 grams of instruction conducted in Alaska Native lan23 guages, cultural and community-based organization 

24 with experience in developing or operating programs 

25 to benefit the educational needs of Alaska Natives, 
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1 or consortium of such organizations and entities is 

2 eligible for an award under this part only as part of 

3 a partnership involving an Alaska Native organiza4 tion. 

5 ‘‘(3) MANDATORY ACTIVITIES.—Activities pro6 vided through the programs carried out under this 

7 part shall include the following which shall only be 

8 provided specifically in the context of elementary 

9 and secondary education: 

10 ‘‘(A) The development and implementation 

11 of plans, methods, and strategies to improve the 

12 education of Alaska Natives. 

13 ‘‘(B) The collection of data to assist in the 

14 evaluation of the programs carried out under 

15 this part. 

16 ‘‘(4) PERMISSIBLE ACTIVITIES.—Activities pro17 vided through programs carried out under this part 

18 may include the following which shall only be pro19 vided specifically in the context of elementary and 

20 secondary education: 

21 ‘‘(A) The development of curricula and 

22 programs that address the educational needs of 

23 Alaska Native students, including the following: 
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1 ‘‘(i) Curriculum materials that reflect 

2 the cultural diversity, languages, history, 

3 or the contributions of Alaska Natives. 

4 ‘‘(ii) Instructional programs that 

5 make use of Alaska Native languages and 

6 cultures. 

7 ‘‘(iii) Networks that develop, test, and 

8 disseminate best practices and introduce 

9 successful programs, materials, and tech10 niques to meet the educational needs of 

11 Alaska Native students in urban and rural 

12 schools. 

13 ‘‘(B) Training and professional develop14 ment activities for educators, including the fol15 lowing: 

16 ‘‘(i) Pre-service and in-service training 

17 and professional development programs to 

18 prepare teachers to develop appreciation 

19 for and understanding of Alaska Native 

20 cultures, values, ways of knowing and 

21 learning in order to effectively address the 

22 cultural diversity and unique needs of 

23 Alaska Native students. 

24 ‘‘(ii) Recruitment and preparation of 

25 teachers who are Alaska Native. 
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1 ‘‘(iii) Programs that will lead to the 

2 certification and licensing of Alaska Native 

3 teachers, principals, and superintendents. 

4 ‘‘(C) The development and operation of 

5 student enrichment programs, including those 

6 in science, technology, engineering, and mathe7 matics that— 

8 ‘‘(i) are designed to prepare Alaska 

9 Native students to excel in such subjects; 

10 ‘‘(ii) provide appropriate support serv11 ices to the families of such students that 

12 are needed to enable such students to ben13 efit from the programs; and 

14 ‘‘(iii) include activities that recognize 

15 and support the unique cultural and edu16 cational needs of Alaska Native children, 

17 and incorporate appropriately qualified 

18 Alaska Native elders and other tradition 

19 bearers. 

20 ‘‘(D) Research and data collection activi21 ties to determine the educational status and 

22 needs of Alaska Native children. 

23 ‘‘(E) Other research and evaluation activi24 ties related to programs carried out under this 

25 part. 
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1 ‘‘(F) Remedial and enrichment programs 

2 to assist Alaska Native students to be college or 

3 career ready upon graduation from high school. 

4 ‘‘(G) Culturally based education programs 

5 designed and provided by an entity with dem6 onstrated experience in— 

7 ‘‘(i) providing programs of study, both 

8 on site and in local schools, to share the 

9 rich and diverse cultures of Alaska Native 

10 peoples among youth, elders, teachers, and 

11 the larger community; 

12 ‘‘(ii) instructing Alaska Native youth 

13 in leadership, communication, Native cul14 ture, arts, and languages; 

15 ‘‘(iii) increasing the high school grad16 uation rate of Alaska Native students who 

17 are served; 

18 ‘‘(iv) providing instruction in Alaska 

19 Native history and ways of living to stu20 dents and teachers in the local school dis21 trict; 

22 ‘‘(v) providing intergenerational learn23 ing and internship opportunities to Alaska 

24 Native youth and young adults; and 
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1 ‘‘(vi) providing cultural immersion ac2 tivities aimed at Alaska Native cultural 

3 preservation. 

4 ‘‘(H) Statewide on-site exchange programs, 

5 for both students and teachers, that work to fa6 cilitate cultural relationships between urban and 

7 rural Alaskans to build mutual respect and un8 derstanding, and foster a statewide sense of 

9 common identity through host family, school, 

10 and community cross-cultural immersion. 

11 ‘‘(I) Education programs for at-risk urban 

12 Alaska Native students in kindergarten through 

13 grade 12 that work to increase graduation rates 

14 among such students and that— 

15 ‘‘(i) include culturally-informed cur16 riculum intended to preserve and promote 

17 Alaska Native culture; 

18 ‘‘(ii) partner effectively with the local 

19 school district by providing a school-within20 a school program model; 

21 ‘‘(iii) provide high-quality academic 

22 instruction, small classroom sizes, and so23 cial-emotional support for students from 

24 elementary school through high school, in25 cluding residential support; 
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1 ‘‘(iv) work with parents to increase 

2 parental involvement in their students’ 

3 education; 

4 ‘‘(v) work to improve academic pro5 ficiency and increase graduation rates; 

6 ‘‘(vi) provide college preparation and 

7 career planning; and 

8 ‘‘(vii) incorporate a strong data collec9 tion and continuous evaluation component 

10 at all levels of the program. 

11 ‘‘(J) Statewide programs that provide tech12 nical assistance and support to schools and 

13 communities to engage adults in promoting the 

14 academic progress and overall well-being of 

15 Alaska Native people through child and youth 

16 development, positive youth-adult relationships, 

17 improved conditions for learning (school cli18 mate, student connection to school and commu19 nity), and increased connections between 

20 schools and families. 

21 ‘‘(K) Career preparation activities to en22 able Alaska Native children and adults to pre23 pare for meaningful employment, including pro24 grams providing tech-prep, mentoring, training, 

25 and apprenticeship activities. 
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1 ‘‘(L) Support for the development and 

2 operational activities of regional vocational 

3 schools in rural areas of Alaska to provide stu4 dents with necessary resources to prepare for 

5 skilled employment opportunities. 

6 ‘‘(M) Other activities, consistent with the 

7 purposes of this part, to meet the educational 

8 needs of Alaska Native children and adults. 

9 ‘‘(N) Regional leadership academies that 

10 demonstrate effectiveness in building respect, 

11 understanding, and fostering a sense of Alaska 

12 Native identity to promote their pursuit of and 

13 success in completing higher education or ca14 reer training. 

15 ‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

16 more than 5 percent of funds provided to an award recipi17 ent under this part for any fiscal year may be used for 

18 administrative purposes. 

19 ‘‘(c) PRIORITIES.—In awarding grants or contracts 

20 to carry out activities described in this subpart, the Sec21 retary shall give priority to applications from Alaska Na22 tive Organizations. Such priority shall be explicitly delin23 eated in the Secretary’s process for evaluating applications 

24 and applied consistently and transparently to all applica25 tions from Alaska Native Organizations. 
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this part 

3 $31,453,135 for each of fiscal years 2014 through 2019. 

4 ‘‘SEC. 6205. ADMINISTRATIVE PROVISIONS. 

5 ‘‘(a) APPLICATION REQUIRED.— 

6 ‘‘(1) IN GENERAL.—No grant may be made 

7 under this part, and no contract may be entered into 

8 under this part, unless the Alaska Native organiza9 tion or entity seeking the grant or contract submits 

10 an application to the Secretary in such form, in such 

11 manner, and containing such information as the Sec12 retary may determine necessary to carry out the pro13 visions of this part. 

14 ‘‘(2) REQUIREMENT FOR CERTAIN APPLI15 CANTS.—An applicant described in section 

16 6204(a)(2) shall, in the application submitted under 

17 this paragraph— 

18 ‘‘(A) demonstrate that an Alaska Native 

19 organization was directly involved in the devel20 opment of the program for which the applica21 tion seeks funds and explicitly delineate the 

22 meaningful role that the Alaska Native organi23 zation will play in the implementation and eval24 uation of the program for which funding is 

25 sought; and 
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1 ‘‘(B) provide a copy of the Alaska Native 

2 organization’s governing document. 

3 ‘‘(b) CONSULTATION REQUIRED.—Each applicant for 

4 an award under this part shall provide for ongoing advice 

5 from and consultation with representatives of the Alaska 

6 Native community. 

7 ‘‘(c) LOCAL EDUCATIONAL AGENCY COORDINA8 TION.—Each applicant for an award under this part shall 

9 inform each local educational agency serving students who 

10 would participate in the program to be carried out under 

11 the grant or contract about the application. 

12 ‘‘(d) CONTINUATION AWARDS.—An applicant de13 scribed in section 6204(a)(2) that receives funding under 

14 this part shall periodically demonstrate to the Secretary, 

15 during the term of the award, that the applicant is con16 tinuing to meet the requirements of subsection (a)(2)(A). 

17 ‘‘SEC. 6206. DEFINITIONS. 

18 ‘‘In this part: 

19 ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Na20 tive’ has the same meaning as the term ‘Native ’ has 

21 in section 3(b) of the Alaska Native Claims Settle22 ment Act and their descendants. 

23 ‘‘(2) ALASKA NATIVE ORGANIZATION.—The 

24 term ‘Alaska Native organization’ means a federally 

25 recognized tribe, consortium of tribes, regional non-
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1 profit Native association, and an organization, 

2 that— 

3 ‘‘(A) has or commits to acquire expertise 

4 in the education of Alaska Natives; and 

5 ‘‘(B) has Alaska Natives in substantive 

6 and policymaking positions within the organiza7 tion. 

8 ‘‘PART C—NATIVE HAWAIIAN EDUCATION

9 ‘‘SEC. 6301. FINDINGS. 

10 ‘‘Congress finds the following: 

11 ‘‘(1) Native Hawaiians are a distinct and 

12 unique indigenous people with a historical continuity 

13 to the original inhabitants of the Hawaiian archi14 pelago, whose society was organized as a nation and 

15 internationally recognized as a nation by the United 

16 States, and many other countries. 

17 ‘‘(2) Native Hawaiians have a cultural, historic, 

18 and land-based link to the indigenous people who ex19 ercised sovereignty over the Hawaiian Islands. 

20 ‘‘(3) The political status of Native Hawaiians is 

21 comparable to that of American Indians and Alaska 

22 Natives. 

23 ‘‘(4) The political relationship between the 

24 United States and the Native Hawaiian people has 

25 been recognized and reaffirmed by the United 
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1 States, as evidenced by the inclusion of Native Ha2 waiians in many Federal statutes, including— 

3 ‘‘(A) the Native American Programs Act of 

4 1974 (42 U.S.C. 2991 et seq.); 

5 ‘‘(B) Public Law 95–341 (commonly 

6 known as the ‘American Indian Religious Free7 dom Act’ (42 U.S.C. 1996)); 

8 ‘‘(C) the National Museum of the Amer9 ican Indian Act (20 U.S.C. 80q et seq.); 

10 ‘‘(D) the Native American Graves Protec11 tion and Repatriation Act (25 U.S.C. 3001 et 

12 seq.); 

13 ‘‘(E) the National Historic Preservation 

14 Act (16 U.S.C. 470 et seq.); 

15 ‘‘(F) the Native American Languages Act 

16 (25 U.S.C. 2901 et seq.); 

17 ‘‘(G) the American Indian, Alaska Native, 

18 and Native Hawaiian Culture and Art Develop19 ment Act (20 U.S.C. 4401 et seq.); 

20 ‘‘(H) the Workforce Investment Act of 

21 1998 (29 U.S.C. 2801 et seq.); and 

22 ‘‘(I) the Older Americans Act of 1965 (42 

23 U.S.C. 3001 et seq.). 

24 ‘‘(5) Many Native Hawaiian students lag be25 hind other students in terms of— 
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1 ‘‘(A) school readiness factors; 

2 ‘‘(B) scoring below national norms on edu3 cation achievement tests at all grade levels; 

4 ‘‘(C) underrepresentation in the uppermost 

5 achievement levels and in gifted and talented 

6 programs; 

7 ‘‘(D) overrepresentation among students 

8 qualifying for special education programs; 

9 ‘‘(E) underrepresentation in institutions of 

10 higher education and among adults who have 

11 completed 4 or more years of college. 

12 ‘‘(6) The percentage of Native Hawaiian stu13 dents served by the State of Hawaii Department of 

14 Education rose 30 percent from 1980 to 2008, and 

15 there are and will continue to be geographically 

16 rural, isolated areas with a high Native Hawaiian 

17 population density. 

18 ‘‘(7) The Native Hawaiian people are deter19 mined to preserve, develop, and transmit to future 

20 generations their ancestral territory and their cul21 tural identity in accordance with their own spiritual 

22 and traditional beliefs, customs, practices, language, 

23 and social institutions. 

24 ‘‘SEC. 6302. PURPOSES. 

25 ‘‘The purposes of this part are— 
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1 ‘‘(1) to authorize, develop, implement, assess, 

2 and evaluate innovative educational programs, Na3 tive Hawaiian language medium programs, Native 

4 Hawaiian culture-based education programs, and 

5 other education programs to improve the academic 

6 achievement of Native Hawaiian students by meet7 ing their unique cultural and language needs in 

8 order to help such students meet challenging State 

9 student academic achievement standards; 

10 ‘‘(2) to provide guidance to appropriate Fed11 eral, State, and local agencies to more effectively 

12 and efficiently focus resources, including resources 

13 made available under this part, on the development 

14 and implementation of— 

15 ‘‘(A) innovative educational programs for 

16 Native Hawaiians; 

17 ‘‘(B) rigorous and substantive Native Ha18 waiian language programs; and 

19 ‘‘(C) Native Hawaiian culture-based edu20 cational programs; and 

21 ‘‘(3) to create a system by which information 

22 from programs funded under this part will be col23 lected, analyzed, evaluated, reported, and used in de24 cisionmaking activities regarding the types of grants 

25 awarded under this part. 
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1 ‘‘SEC. 6303. NATIVE HAWAIIAN EDUCATION COUNCIL 

2 GRANT. 

3 ‘‘(a) GRANT AUTHORIZED.—In order to better effec4 tuate the purposes of this part through the coordination 

5 of educational and related services and programs available 

6 to Native Hawaiians, including those programs that re7 ceive funding under this part, the Secretary shall award 

8 a grant to an education council, as described under sub9 section (b). 

10 ‘‘(b) EDUCATION COUNCIL.— 

11 ‘‘(1) ELIGIBILITY.—To be eligible to receive the 

12 grant under subsection (a), the council shall be an 

13 education council (referred to in this section as the 

14 ‘Education Council’) that meets the requirements of 

15 this subsection. 

16 ‘‘(2) COMPOSITION.—The Education Council 

17 shall consist of 15 members of whom— 

18 ‘‘(A) one shall be the President of the Uni19 versity of Hawaii (or a designee); 

20 ‘‘(B) one shall be the Governor of the 

21 State of Hawaii (or a designee); 

22 ‘‘(C) one shall be the Superintendent of 

23 the State of Hawaii Department of Education 

24 (or a designee); 

25 ‘‘(D) one shall be the chairperson of the 

26 Office of Hawaiian Affairs (or a designee); 
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1 ‘‘(E) one shall be the executive director of 

2 Hawaii’s Charter School Network (or a des3 ignee); 

4 ‘‘(F) one shall be the chief executive officer 

5 of the Kamehameha Schools (or a designee); 

6 ‘‘(G) one shall be the Chief Executive Offi7 cer of the Queen Liliuokalani Trust (or a des8 ignee); 

9 ‘‘(H) one shall be a member, selected by 

10 the other members of the Education Council, 

11 who represents a private grant-making entity; 

12 ‘‘(I) one shall be the Mayor of the County 

13 of Hawaii (or a designee); 

14 ‘‘(J) one shall be the Mayor of Maui Coun15 ty (or a designee from the Island of Maui); 

16 ‘‘(K) one shall be the Mayor of the County 

17 of Kauai (or a designee); 

18 ‘‘(L) one shall be appointed by the Mayor 

19 of Maui County from the Island of either 

20 Molokai or Lanai; 

21 ‘‘(M) one shall be the Mayor of the City 

22 and County of Honolulu (or a designee); 

23 ‘‘(N) one shall be the chairperson of the 

24 Hawaiian Homes Commission (or a designee); 

25 and 
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1 ‘‘(O) one shall be the chairperson of the 

2 Hawaii Workforce Development Council (or a 

3 designee representing the private sector). 

4 ‘‘(3) REQUIREMENTS.—Any designee serving on 

5 the Education Council shall demonstrate, as deter6 mined by the individual who appointed such designee 

7 with input from the Native Hawaiian community, 

8 not less than 5 years of experience as a consumer 

9 or provider of Native Hawaiian education or cultural 

10 activities, with traditional cultural experience given 

11 due consideration. 

12 ‘‘(4) LIMITATION.—A member (including a des13 ignee), while serving on the Education Council, shall 

14 not be a recipient of grant funds that are awarded 

15 under this part. 

16 ‘‘(5) TERM OF MEMBERS.—A member who is a 

17 designee shall serve for a term of not more than 4 

18 years. 

19 ‘‘(6) CHAIR, VICE CHAIR.— 

20 ‘‘(A) SELECTION.—The Education Council 

21 shall select a Chair and a Vice Chair from 

22 among the members of the Education Council. 

23 ‘‘(B) TERM LIMITS.—The Chair and Vice 

24 Chair shall each serve for a 2-year term. 
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1 ‘‘(7) ADMINISTRATIVE PROVISIONS RELATING

2 TO EDUCATION COUNCIL.—The Education Council 

3 shall meet at the call of the Chair of the Council, 

4 or upon request by a majority of the members of the 

5 Education Council, but in any event not less often 

6 than every 120 days. 

7 ‘‘(8) NO COMPENSATION.—None of the funds 

8 made available through the grant may be used to 

9 provide compensation to any member of the Edu10 cation Council or member of a working group estab11 lished by the Education Council, for functions de12 scribed in this section. 

13 ‘‘(c) USE OF FUNDS FOR COORDINATION ACTIVI14 TIES.—The Education Council shall use funds made avail15 able through the grant to carry out each of the following 

16 activities: 

17 ‘‘(1) Providing advice about the coordination, 

18 and serving as a clearinghouse for, the educational 

19 and related services and programs available to Na20 tive Hawaiians, including the programs assisted 

21 under this part. 

22 ‘‘(2) Assessing the extent to which such services 

23 and programs meet the needs of Native Hawaiians, 

24 and collecting data on the status of Native Hawaiian 

25 education. 
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1 ‘‘(3) Providing direction and guidance, through 

2 the issuance of reports and recommendations, to ap3 propriate Federal, State, and local agencies in order 

4 to focus and improve the use of resources, including 

5 resources made available under this part, relating to 

6 Native Hawaiian education, and serving, where ap7 propriate, in an advisory capacity. 

8 ‘‘(4) Awarding grants, if such grants enable the 

9 Education Council to carry out the activities de10 scribed in paragraphs (1) through (3). 

11 ‘‘(5) Hiring an executive director who shall as12 sist in executing the duties and powers of the Edu13 cation Council, as described in subsection (d). 

14 ‘‘(d) USE OF FUNDS FOR TECHNICAL ASSIST15 ANCE.—The Education Council shall use funds made 

16 available through the grant to— 

17 ‘‘(1) provide technical assistance to Native Ha18 waiian organizations that are grantees or potential 

19 grantees under this part; 

20 ‘‘(2) obtain from such grantees information and 

21 data regarding grants awarded under this part, in22 cluding information and data about— 

23 ‘‘(A) the effectiveness of such grantees in 

24 meeting the educational priorities established by 

25 the Education Council, as described in para-
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1 graph (6)(D), using metrics related to these 

2 priorities; and 

3 ‘‘(B) the effectiveness of such grantees in 

4 carrying out any of the activities described in 

5 section 6304(c) that are related to the specific 

6 goals and purposes of each grantee’s grant 

7 project, using metrics related to these priorities; 

8 ‘‘(3) assess and define the educational needs of 

9 Native Hawaiians; 

10 ‘‘(4) assess the programs and services available 

11 to address the educational needs of Native Hawai12 ians; 

13 ‘‘(5) assess and evaluate the individual and ag14 gregate impact achieved by grantees under this part 

15 in improving Native Hawaiian educational perform16 ance and meeting the goals of this part, using 

17 metrics related to these goals; and 

18 ‘‘(6) prepare and submit to the Secretary, at 

19 the end of each calendar year, an annual report that 

20 contains— 

21 ‘‘(A) a description of the activities of the 

22 Education Council during the calendar year; 

23 ‘‘(B) a description of significant barriers to 

24 achieving the goals of this part; 
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1 ‘‘(C) a summary of each community con2 sultation session described in subsection (e); 

3 and 

4 ‘‘(D) recommendations to establish prior5 ities for funding under this part, based on an 

6 assessment of— 

7 ‘‘(i) the educational needs of Native 

8 Hawaiians; 

9 ‘‘(ii) programs and services available 

10 to address such needs; 

11 ‘‘(iii) the effectiveness of programs in 

12 improving the educational performance of 

13 Native Hawaiian students to help such stu14 dents meet challenging State student aca15 demic achievement standards; and 

16 ‘‘(iv) priorities for funding in specific 

17 geographic communities. 

18 ‘‘(e) USE OF FUNDS FOR COMMUNITY CONSULTA19 TIONS.—The Education Council shall use funds made 

20 available though the grant under subsection (a) to hold 

21 not less than one community consultation each year on 

22 each of the islands of Hawaii, Maui, Molokai, Lanai, 

23 Oahu, and Kauai, at which— 

24 ‘‘(1) not less than three members of the Edu25 cation Council shall be in attendance; 
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1 ‘‘(2) the Education Council shall gather com2 munity input regarding— 

3 ‘‘(A) current grantees under this part, as 

4 of the date of the consultation; 

5 ‘‘(B) priorities and needs of Native Hawai6 ians; and 

7 ‘‘(C) other Native Hawaiian education 

8 issues; and 

9 ‘‘(3) the Education Council shall report to the 

10 community on the outcomes of the activities sup11 ported by grants awarded under this part. 

12 ‘‘(f) FUNDING.—For each fiscal year, the Secretary 

13 shall use the amount described in section 6305(d)(2), to 

14 make a payment under the grant. Funds made available 

15 through the grant shall remain available until expended. 

16 ‘‘(g) REPORT.—Beginning not later than 2 years 

17 after the date of enactment of the Student Success Act, 

18 and for each subsequent year, the Secretary shall prepare 

19 and submit to the Committee on Education and the Work20 force of the House of Representatives, and the Committee 

21 on Indian Affairs and the Committee on Health, Edu22 cation, Labor, and Pensions of the Senate, a report that— 

23 ‘‘(1) summarizes the annual reports of the Edu24 cation Council; 
545 

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1 ‘‘(2) describes the allocation and use of funds 

2 under this part and the information gathered since 

3 the first annual report submitted by the Education 

4 Council to the Secretary under this section; and 

5 ‘‘(3) contains recommendations for changes in 

6 Federal, State, and local policy to advance the pur7 poses of this part. 

8 ‘‘SEC. 6304. GRANT PROGRAM AUTHORIZED. 

9 ‘‘(a) GRANTS AND CONTRACTS.—In order to carry 

10 out programs that meet the purposes of this part, the Sec11 retary is authorized to award grants to, or enter into con12 tracts with— 

13 ‘‘(1) Native Hawaiian educational organiza14 tions; 

15 ‘‘(2) Native Hawaiian community-based organi16 zations; 

17 ‘‘(3) public and private nonprofit organizations, 

18 agencies, and institutions with experience in devel19 oping or operating Native Hawaiian education and 

20 workforce development programs or programs of in21 struction in the Native Hawaiian language; 

22 ‘‘(4) charter schools; and 

23 ‘‘(5) consortia of the organizations, agencies, 

24 and institutions described in paragraphs (1) through 

25 (4). 
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1 ‘‘(b) PRIORITY.—In awarding grants and entering 

2 into contracts under this part, the Secretary shall give pri3 ority to— 

4 ‘‘(1) programs that meet the educational pri5 ority recommendations of the Education Council, as 

6 described under section 6303(d)(6)(D); 

7 ‘‘(2) the repair and renovation of public schools 

8 that serve high concentrations of Native Hawaiian 

9 students; 

10 ‘‘(3) programs designed to improve the aca11 demic achievement of Native Hawaiian students by 

12 meeting their unique cultural and language needs in 

13 order to help such students meet challenging State 

14 student academic achievement standards, including 

15 activities relating to— 

16 ‘‘(A) achieving competence in reading, lit17 eracy, mathematics, and science for students in 

18 preschool through grade 3; 

19 ‘‘(B) the educational needs of at-risk chil20 dren and youth; 

21 ‘‘(C) professional development for teachers 

22 and administrators; 

23 ‘‘(D) the use of Native Hawaiian language 

24 and preservation or reclamation of Native Ha25 waiian culture-based educational practices; and 
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1 ‘‘(E) other programs relating to the activi2 ties described in this part; and 

3 ‘‘(4) programs in which a local educational 

4 agency, institution of higher education, or a State 

5 educational agency in partnership with a nonprofit 

6 entity serving underserved communities within the 

7 Native Hawaiian population apply for a grant or 

8 contract under this part as part of a partnership or 

9 consortium. 

10 ‘‘(c) AUTHORIZED ACTIVITIES.—Activities provided 

11 through programs carried out under this part may in12 clude— 

13 ‘‘(1) the development and maintenance of a 

14 statewide Native Hawaiian early education and care 

15 system to provide a continuum of high-quality early 

16 learning services for Native Hawaiian children from 

17 the prenatal period through the age of kindergarten 

18 entry; 

19 ‘‘(2) the operation of family-based education 

20 centers that provide such services as— 

21 ‘‘(A) early care and education programs 

22 for Native Hawaiians; and 

23 ‘‘(B) research on, and development and as24 sessment of, family-based, early childhood, and 

25 preschool programs for Native Hawaiians; 
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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 in 

7 grades 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 such 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, and devel21 opmental activities designed to assist in the 

22 educational progress of such students; and 

23 ‘‘(B) activities that involve the parents of 

24 such students in a manner designed to assist in 

25 the educational progress of such students; 
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1 ‘‘(6) the development of academic and voca2 tional curricula to address the needs of Native Ha3 waiian students, including curricula materials in the 

4 Hawaiian language and mathematics and science 

5 curricula that incorporate Native Hawaiian tradition 

6 and culture; 

7 ‘‘(7) professional development activities for edu8 cators, including— 

9 ‘‘(A) the development of programs to pre10 pare prospective teachers to address the unique 

11 needs of Native Hawaiian students within the 

12 context of Native Hawaiian culture, language, 

13 and traditions; 

14 ‘‘(B) in-service programs to improve the 

15 ability of teachers who teach in schools with 

16 high concentrations of Native Hawaiian stu17 dents to meet the unique needs of such stu18 dents; and 

19 ‘‘(C) the recruitment and preparation of 

20 Native Hawaiians, and other individuals who 

21 live in communities with a high concentration of 

22 Native Hawaiians, to become teachers; 

23 ‘‘(8) the operation of community-based learning 

24 centers that address the needs of Native Hawaiian 

25 students, parents, families, and communities 
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1 through the coordination of public and private pro2 grams and services, including— 

3 ‘‘(A) early education programs; 

4 ‘‘(B) before, after, and Summer school 

5 programs, expanded learning time, or weekend 

6 academies; 

7 ‘‘(C) career and technical education pro8 grams; and 

9 ‘‘(D) programs that recognize and support 

10 the unique cultural and educational needs of 

11 Native Hawaiian children, and incorporate ap12 propriately qualified Native Hawaiian elders 

13 and seniors; 

14 ‘‘(9) activities, including program co-location, 

15 that ensure Native Hawaiian students graduate col16 lege and career ready including— 

17 ‘‘(A) family literacy services; 

18 ‘‘(B) counseling, guidance, and support 

19 services for students; and 

20 ‘‘(C) professional development activities de21 signed to help educators improve the college 

22 and career readiness of Native Hawaiian stu23 dents; 
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1 ‘‘(10) research and data collection activities to 

2 determine the educational status and needs of Na3 tive Hawaiian children and adults; 

4 ‘‘(11) other research and evaluation activities 

5 related to programs carried out under this part; and 

6 ‘‘(12) other activities, consistent with the pur7 poses of this part, to meet the educational needs of 

8 Native Hawaiian children and adults. 

9 ‘‘(d) ADDITIONAL ACTIVITIES.—Notwithstanding 

10 any other provision of this part, funds made available to 

11 carry out this section as of the day before the date of en12 actment of the Student Success Act shall remain available 

13 until expended. The Secretary shall use such funds to sup14 port the following: 

15 ‘‘(1) The repair and renovation of public 

16 schools that serve high concentrations of Native Ha17 waiian students. 

18 ‘‘(2) The perpetuation of, and expansion of ac19 cess to, Hawaiian culture and history through digital 

20 archives. 

21 ‘‘(3) Informal education programs that connect 

22 traditional Hawaiian knowledge, science, astronomy, 

23 and the environment through State museums or 

24 learning centers. 
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1 ‘‘(4) Public charter schools serving high con2 centrations of Native Hawaiian students. 

3 ‘‘(e) ADMINISTRATIVE COSTS.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), not more than 5 percent of funds pro6 vided to a recipient of a grant or contract under this 

7 section for any fiscal year may be used for adminis8 trative purposes. 

9 ‘‘(2) EXCEPTION.—The Secretary may waive 

10 the requirement of paragraph (1) for a nonprofit en11 tity that receives funding under this section and 

12 allow not more than 10 percent of funds provided to 

13 such nonprofit entity under this section for any fis14 cal year to be used for administrative purposes. 

15 ‘‘SEC. 6305. ADMINISTRATIVE PROVISIONS. 

16 ‘‘(a) APPLICATION REQUIRED.—No grant may be 

17 made under this part, and no contract may be entered into 

18 under this part, unless the entity seeking the grant or con19 tract submits an application to the Secretary at such time, 

20 in such manner, and containing such information as the 

21 Secretary may determine to be necessary to carry out the 

22 provisions of this part. 

23 ‘‘(b) DIRECT GRANT APPLICATIONS.—The Secretary 

24 shall provide a copy of all direct grant applications to the 

25 Education Council. 
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1 ‘‘(c) SUPPLEMENT NOT SUPPLANT.— 

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), funds made available under this part 

4 shall be used to supplement, and not supplant, any 

5 State or local funds used to achieve the purposes of 

6 this part. 

7 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

8 apply to any nonprofit entity or Native Hawaiian 

9 community-based organization that receives a grant 

10 or other funds under this part. 

11 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

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

13 appropriated to carry out this part $32,397,259 for 

14 each of fiscal years 2014 through 2019. 

15 ‘‘(2) RESERVATION.—Of the funds appro16 priated under this subsection, the Secretary shall re17 serve, for each fiscal year after the date of enact18 ment of the Student Success Act not less than 

19 $500,000 for the grant to the Education Council 

20 under section 6303. 

21 ‘‘(3) AVAILABILITY.—Funds appropriated 

22 under this subsection shall remain available until ex23 pended.’’. 
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1 TITLE VII—HOMELESS 

2 EDUCATION 

3 SEC. 701. STATEMENT OF POLICY. 

4 Section 721 of the McKinney-Vento Homeless Assist5 ance Act (42 U.S.C. 11431) is amended— 

6 (1) by amending paragraph (2) to read as fol7 lows: 

8 ‘‘(2) In any State where compulsory residency 

9 requirements or other requirements, laws, regula10 tions, practices, or policies may act as a barrier to 

11 the identification, enrollment, attendance, or success 

12 in school of homeless children and youths, the State 

13 and local educational agencies will review and under14 take steps to revise such laws, regulations, practices, 

15 or policies to ensure that homeless children and 

16 youths are afforded the same free, appropriate pub17 lic education as is provided to other children and 

18 youths.’’; 

19 (2) in paragraph (3), by striking ‘‘alone’’; and 

20 (3) in paragraph (4), by striking ‘‘challenging 

21 State student academic achievement’’ and inserting 

22 ‘‘State academic’’. 
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1 SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 

2 THE EDUCATION OF HOMELESS CHILDREN 

3 AND YOUTHS. 

4 Section 722 of such Act (42 U.S.C. 11432) is amend5 ed— 

6 (1) in subsection (a), by striking ‘‘(g).’’ and in7 serting ‘‘(h).’’; 

8 (2) by striking subsection (b); 

9 (3) in subsection (c)— 

10 (A) in paragraph (1)(A)— 

11 (i) in clause (i), by adding ‘‘or’’ at the 

12 end; 

13 (ii) in clause (ii), by striking ‘‘; or’’ at 

14 the end and inserting a period; and 

15 (iii) by striking clause (iii); and 

16 (B) by striking paragraph (3); 

17 (4) in subsection (d)— 

18 (A) in the matter preceding paragraph (1), 

19 by striking ‘‘Grants’’ and inserting ‘‘Grant 

20 funds from a grant made to a State’’; 

21 (B) by amending paragraph (2) to read as 

22 follows: 

23 ‘‘(2) To provide services and activities to im24 prove the identification of homeless children (includ25 ing preschool-aged homeless children and youths) 

26 that enable such children and youths to enroll in, at-
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1 tend, and succeed in school, or, if appropriate, in 

2 preschool programs.’’; 

3 (C) in paragraph (3), by inserting before 

4 the period at the end the following: ‘‘that can 

5 sufficiently carry out the duties described in 

6 this subtitle’’; 

7 (D) by amending paragraph (5) to read as 

8 follows: 

9 ‘‘(5) To develop and implement professional de10 velopment programs for liaisons designated under 

11 subsection (g)(1)(J)(ii) and other local educational 

12 agency personnel— 

13 ‘‘(A) to improve their identification of 

14 homeless children and youths; and 

15 ‘‘(B) to heighten their awareness of, and 

16 capacity to respond to, specific needs in the 

17 education of homeless children and youths.’’. 

18 (5) in subsection (e)— 

19 (A) in paragraph (1)— 

20 (i) by striking ‘‘sums’’ and inserting 

21 ‘‘grant funds’’; and 

22 (ii) by inserting ‘‘a State under sub23 section (a) to’’ after ‘‘each year to’’; 

24 (B) in paragraph (2), by striking ‘‘funds 

25 made available for State use under this sub-
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1 title’’ and inserting ‘‘the grant funds remaining 

2 after the State educational agency distributes 

3 subgrants under paragraph (1)’’; and 

4 (C) in paragraph (3)— 

5 (i) in subparagraph (C)(iv)(II), by 

6 striking ‘‘sections 1111 and 1116’’ and in7 serting ‘‘section 1111’’; 

8 (ii) in subparagraph (F)— 

9 (I) in clause (i)— 

10 (aa) in the matter preceding 

11 subclause (I), by striking ‘‘a re12 port’’ and inserting ‘‘an annual 

13 report’’; 

14 (bb) by striking ‘‘and’’ at 

15 the end of subclause (II); 

16 (cc) by striking the period at 

17 the end of subclause (III) and in18 serting ‘‘; and’’; and 

19 (dd) by adding at the end 

20 the following: 

21 ‘‘(IV) the progress the separate 

22 schools are making in helping all stu23 dents meet the State academic stand24 ards.’’; and 
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1 (II) in clause (iii), by striking 

2 ‘‘Not later than 2 years after the date 

3 of enactment of the McKinney-Vento 

4 Homeless Education Assistance Im5 provements Act of 2001, the’’ and in6 serting ‘‘The’’; 

7 (6) by amending subsection (f) to read as fol8 lows: 

9 ‘‘(f) FUNCTIONS OF THE OFFICE OF COORDI10 NATOR.—The Coordinator for Education of Homeless 

11 Children and Youths established in each State shall— 

12 ‘‘(1) gather and make publically available reli13 able, valid, and comprehensive information on— 

14 ‘‘(A) the number of homeless children and 

15 youths identified in the State, posted annually 

16 on the State educational agency’s website; 

17 ‘‘(B) the nature and extent of the problems 

18 homeless children and youths have in gaining 

19 access to public preschool programs and to pub20 lic elementary schools and secondary schools; 

21 ‘‘(C) the difficulties in identifying the spe22 cial needs and barriers to the participation and 

23 achievement of such children and youths; 

24 ‘‘(D) any progress made by the State edu25 cational agency and local educational agencies 
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1 in the State in addressing such problems and 

2 difficulties; and 

3 ‘‘(E) the success of the programs under 

4 this subtitle in identifying homeless children 

5 and youths and allowing such children and 

6 youths to enroll in, attend, and succeed in, 

7 school; 

8 ‘‘(2) develop and carry out the State plan de9 scribed in subsection (g); 

10 ‘‘(3) collect data for and transmit to the Sec11 retary, at such time and in such manner as the Sec12 retary may require, a report containing information 

13 necessary to assess the educational needs of home14 less children and youths within the State, including 

15 data necessary for the Secretary to fulfill the respon16 sibilities under section 724(h); 

17 ‘‘(4) in order to improve the provision of com18 prehensive education and related support services to 

19 homeless children and youths and their families, co20 ordinate and collaborate with— 

21 ‘‘(A) educators, including teachers, special 

22 education personnel, administrators, and child 

23 development and preschool program personnel; 

24 ‘‘(B) providers of services to homeless chil25 dren and youths and their families, including 
560 

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1 services of public and private child welfare and 

2 social services agencies, law enforcement agen3 cies, juvenile and family courts, agencies pro4 viding mental health services, domestic violence 

5 agencies, child care providers, runaway and 

6 homeless youth centers, and providers of serv7 ices and programs funded under the Runaway 

8 and Homeless Youth Act (42 U.S.C. 5701 et 

9 seq.); 

10 ‘‘(C) providers of emergency, transitional, 

11 and permanent housing to homeless children 

12 and youths, and their families, including public 

13 housing agencies, shelter operators, operators of 

14 transitional housing facilities, and providers of 

15 transitional living programs for homeless 

16 youths; 

17 ‘‘(D) local educational agency liaisons des18 ignated under subsection (g)(1)(J)(ii) for home19 less children and youths; and 

20 ‘‘(E) community organizations and groups 

21 representing homeless children and youths and 

22 their families; 

23 ‘‘(5) provide technical assistance to local edu24 cational agencies, in coordination with local edu25 cational agency liaisons designated under subsection 
561 

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1 (g)(1)(J)(ii), to ensure that local educational agen2 cies comply with the requirements of subsection 

3 (e)(3), paragraphs (3) through (7) of subsection (g), 

4 and subsection (h); 

5 ‘‘(6) provide professional development opportu6 nities for local educational agency personnel and the 

7 homeless liaison designated under subsection 

8 (g)(1)(J)(ii) to assist such personnel in meeting the 

9 needs of homeless children and youths; and 

10 ‘‘(7) respond to inquiries from parents and 

11 guardians of homeless children and youths and un12 accompanied youths to ensure that each child or 

13 youth who is the subject of such an inquiry receives 

14 the full protections and services provided by this 

15 subtitle.’’; 

16 (7) by amending subsection (g) to read as fol17 lows: 

18 ‘‘(g) STATE PLAN.— 

19 ‘‘(1) IN GENERAL.—In order to be eligible to 

20 receive a grant under this section, each State edu21 cational agency shall submit to the Secretary a plan 

22 to provide for the education of homeless children 

23 and youths within the State that includes the fol24 lowing: 
562 

•HR 5 EH

1 ‘‘(A) A description of how such children 

2 and youths are (or will be) given the oppor3 tunity to meet the same State academic stand4 ards that all students are expected to meet. 

5 ‘‘(B) A description of the procedures the 

6 State educational agency will use to identify 

7 such children and youths in the State and to 

8 assess their needs. 

9 ‘‘(C) A description of procedures for the 

10 prompt resolution of disputes regarding the 

11 educational placement of homeless children and 

12 youths. 

13 ‘‘(D) A description of programs for school 

14 personnel (including liaisons, school leaders, at15 tendance officers, teachers, enrollment per16 sonnel, and specialized instructional support 

17 personnel) to heighten the awareness of such 

18 personnel of the specific needs of homeless ado19 lescents, including runaway and homeless 

20 youths. 

21 ‘‘(E) A description of procedures that en22 sure that homeless children and youths who 

23 meet the relevant eligibility criteria are able to 

24 participate in Federal, State, or local nutrition 

25 programs. 
563 

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1 ‘‘(F) A description of procedures that en2 sure that— 

3 ‘‘(i) homeless children have equal ac4 cess to public preschool programs, adminis5 tered by the State educational agency or 

6 local educational agency, as provided to 

7 other children in the State; 

8 ‘‘(ii) homeless youths and youths sep9 arated from public schools are identified 

10 and accorded equal access to appropriate 

11 secondary education and support services; 

12 and 

13 ‘‘(iii) homeless children and youth 

14 who meet the relevant eligibility criteria 

15 are able to participate in Federal, State, or 

16 local education programs. 

17 ‘‘(G) Strategies to address problems identi18 fied in the report provided to the Secretary 

19 under subsection (f)(3). 

20 ‘‘(H) Strategies to address other problems 

21 with respect to the education of homeless chil22 dren and youths, including problems resulting 

23 from enrollment delays that are caused by— 

24 ‘‘(i) immunization and other health 

25 records requirements; 
564 

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1 ‘‘(ii) residency requirements; 

2 ‘‘(iii) lack of birth certificates, school 

3 records, or other documentation; 

4 ‘‘(iv) guardianship issues; or 

5 ‘‘(v) uniform or dress code require6 ments. 

7 ‘‘(I) A demonstration that the State edu8 cational agency and local educational agencies 

9 in the State have developed, and shall review 

10 and revise, policies to remove barriers to the 

11 identification, enrollment, and retention of 

12 homeless children and youths in schools in the 

13 State. 

14 ‘‘(J) Assurances that the following will be 

15 carried out: 

16 ‘‘(i) The State educational agency and 

17 local educational agencies in the State will 

18 adopt policies and practices to ensure that 

19 homeless children and youths are not stig20 matized or segregated on the basis of their 

21 status as homeless. 

22 ‘‘(ii) Local educational agencies will 

23 designate an appropriate staff person, who 

24 may also be a coordinator for other Fed25 eral programs, as a local educational agen-
565 

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1 cy liaison for homeless children and 

2 youths, to carry out the duties described in 

3 paragraph (6)(A). 

4 ‘‘(iii) The State and its local edu5 cational agencies will adopt policies and 

6 practices to ensure that transportation is 

7 provided, at the request of the parent or 

8 guardian (or in the case of an unaccom9 panied youth, the liaison), to and from the 

10 school of origin, as determined in para11 graph (3)(A), in accordance with the fol12 lowing, as applicable: 

13 ‘‘(I) If the child or youth con14 tinues to live in the area served by the 

15 local educational agency in which the 

16 school of origin is located, the child’s 

17 or youth’s transportation to and from 

18 the school of origin shall be provided 

19 or arranged by the local educational 

20 agency in which the school of origin is 

21 located. 

22 ‘‘(II) If the child’s or youth’s liv23 ing arrangements in the area served 

24 by the local educational agency of ori25 gin terminate and the child or youth, 
566 

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1 though continuing his or her edu2 cation in the school of origin, begins 

3 living in an area served by another 

4 local educational agency, the local 

5 educational agency of origin and the 

6 local educational agency in which the 

7 child or youth is living shall agree 

8 upon a method to apportion the re9 sponsibility and costs for providing 

10 the child with transportation to and 

11 from the school of origin. If the local 

12 educational agencies are unable to 

13 agree upon such method, the responsi14 bility and costs for transportation 

15 shall be shared equally. 

16 ‘‘(2) COMPLIANCE.— 

17 ‘‘(A) IN GENERAL.—Each plan adopted 

18 under this subsection shall also describe how 

19 the State will ensure that local educational 

20 agencies in the State will comply with the re21 quirements of paragraphs (3) through (7). 

22 ‘‘(B) COORDINATION.—Such plan shall in23 dicate what technical assistance the State will 

24 furnish to local educational agencies and how 

25 compliance efforts will be coordinated with the 
567 

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1 local educational agency liaisons designated 

2 under paragraph (1)(J)(ii). 

3 ‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE4 MENTS.— 

5 ‘‘(A) IN GENERAL.—The local educational 

6 agency serving each child or youth to be as7 sisted under this subtitle shall, according to the 

8 child’s or youth’s best interest— 

9 ‘‘(i) continue the child’s or youth’s 

10 education in the school of origin for the 

11 duration of homelessness— 

12 ‘‘(I) in any case in which a fam13 ily becomes homeless between aca14 demic years or during an academic 

15 year; or 

16 ‘‘(II) for the remainder of the 

17 academic year, if the child or youth 

18 becomes permanently housed during 

19 an academic year; or 

20 ‘‘(ii) enroll the child or youth in any 

21 public school that nonhomeless students 

22 who live in the attendance area in which 

23 the child or youth is actually living are eli24 gible to attend. 
568 

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1 ‘‘(B) SCHOOL STABILITY.—In determining 

2 the best interest of the child or youth under 

3 subparagraph (A), the local educational agency 

4 shall— 

5 ‘‘(i) presume that keeping the child or 

6 youth in the school of origin is in the child 

7 or youth’s best interest, except when doing 

8 so is contrary to the wishes of the child’s 

9 or youth’s parent or guardian, or the unac10 companied youth; 

11 ‘‘(ii) consider student-centered factors 

12 related to the child’s or youth’s best inter13 est, including factors related to the impact 

14 of mobility on achievement, education, 

15 health, and safety of homeless children and 

16 youth, giving priority to the wishes of the 

17 homeless child’s or youth’s parent of 

18 guardian or the unaccompanied youth in19 volved; 

20 ‘‘(iii) if, after conducting the best in21 terest determination based on consider22 ation of the presumption in clause (i) and 

23 the student-centered factors in clause (ii), 

24 the local educational agency determines 

25 that it is not in the child’s or youth’s best 
569 

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1 interest to attend the school of origin or 

2 the school requested by the parent, guard3 ian, or unaccompanied youth, provide the 

4 child’s or youth’s parent or guardian or 

5 the unaccompanied youth with a written 

6 explanation of the reasons for its deter7 mination, in a manner and form under8 standable to such parent, guardian, or un9 accompanied youth, including information 

10 regarding the right to appeal under sub11 paragraph (E); and 

12 ‘‘(iv) in the case of an unaccompanied 

13 youth, ensure that the homeless liaison 

14 designated under paragraph (1)(J)(ii) as15 sists in placement or enrollment decisions 

16 under this subparagraph, gives priority to 

17 the views of such unaccompanied youth, 

18 and provides notice to such youth of the 

19 right to appeal under subparagraph (E). 

20 ‘‘(C) ENROLLMENT.— 

21 ‘‘(i) IN GENERAL.—The school se22 lected in accordance with this paragraph 

23 shall immediately enroll the homeless child 

24 or youth, even if the child or youth— 
570 

•HR 5 EH

1 ‘‘(I) is unable to produce records 

2 normally required for enrollment, such 

3 as previous academic records, records 

4 of immunization and other required 

5 health records, proof of residency, or 

6 other documentation; or 

7 ‘‘(II) has missed application or 

8 enrollment deadlines during any pe9 riod of homelessness. 

10 ‘‘(ii) RELEVANT ACADEMIC

11 RECORDS.—The enrolling school shall im12 mediately contact the school last attended 

13 by the child or youth to obtain relevant 

14 academic and other records. 

15 ‘‘(iii) RELEVANT HEALTH RECORDS.— 

16 If the child or youth needs to obtain immu17 nizations or other required health records, 

18 the enrolling school shall immediately refer 

19 the parent or guardian of the child or 

20 youth, or the unaccompanied child or 

21 youth, to the local educational agency liai22 son designated under paragraph (1)(J)(ii), 

23 who shall assist in obtaining necessary im24 munizations or screenings, or immuniza-
571 

•HR 5 EH

1 tion or other required health records, in 

2 accordance with subparagraph (D). 

3 ‘‘(D) RECORDS.—Any record ordinarily 

4 kept by the school, including immunization or 

5 other required health records, academic records, 

6 birth certificates, guardianship records, and 

7 evaluations for special services or programs, re8 garding each homeless child or youth shall be 

9 maintained— 

10 ‘‘(i) so that the records involved are 

11 available, in a timely fashion, when a child 

12 or youth enters a new school or school dis13 trict; and 

14 ‘‘(ii) in a manner consistent with sec15 tion 444 of the General Education Provi16 sions Act (20 U.S.C. 1232g). 

17 ‘‘(E) ENROLLMENT DISPUTES.—If a dis18 pute arises over school selection or enrollment 

19 in a school— 

20 ‘‘(i) the child or youth shall be imme21 diately enrolled in the school in which en22 rollment is sought, pending final resolution 

23 of the dispute, including all available ap24 peals; 
572 

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1 ‘‘(ii) the parent, guardian, or unac2 companied youth shall be provided with a 

3 written explanation of any decisions made 

4 by the school, the local educational agency, 

5 or the State educational agency involved, 

6 including the rights of the parent, guard7 ian, or youth to appeal such decisions; 

8 ‘‘(iii) the parent, guardian, or unac9 companied youth shall be referred to the 

10 local educational agency liaison designated 

11 under paragraph (1)(J)(ii), who shall carry 

12 out the dispute resolution process as de13 scribed in paragraph (1)(C) as expedi14 tiously as possible after receiving notice of 

15 the dispute; and 

16 ‘‘(iv) in the case of an unaccompanied 

17 youth, the liaison shall ensure that the 

18 youth is immediately enrolled in school in 

19 which the youth seeks enrollment pending 

20 resolution of such dispute. 

21 ‘‘(F) PLACEMENT CHOICE.—The choice re22 garding placement shall be made regardless of 

23 whether the child or youth lives with the home24 less parents or has been temporarily placed 

25 elsewhere. 
573 

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1 ‘‘(G) SCHOOL OF ORIGIN DEFINED.— 

2 ‘‘(i) IN GENERAL.—In this paragraph, 

3 the term ‘school of origin’ means the 

4 school that a child or youth attended when 

5 permanently housed or the school in which 

6 the child or youth was last enrolled. 

7 ‘‘(ii) RECEIVING SCHOOL.—When the 

8 child or youth completes the final grade 

9 level served by the school of origin, as de10 scribed in clause (i), the term ‘‘school of 

11 origin’’ shall include the designated receiv12 ing school at the next grade level for all 

13 feeder schools. 

14 ‘‘(H) CONTACT INFORMATION.—Nothing 

15 in this subtitle shall prohibit a local educational 

16 agency from requiring a parent or guardian of 

17 a homeless child to submit contact information. 

18 ‘‘(I) PRIVACY.—Information about a home19 less child’s or youth’s living situation shall be 

20 treated as a student education record under 

21 section 444 of the General Education Provi22 sions Act (20 U.S.C. 1232g) and shall not be 

23 released to housing providers, employers, law 

24 enforcement personnel, or other persons or 

25 agencies not authorized to have such informa-
574 

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1 tion under section 99.31 of title 34, Code of 

2 Federal Regulations. 

3 ‘‘(J) ACADEMIC ACHIEVEMENT.—The 

4 school selected in accordance with this para5 graph shall ensure that homeless children and 

6 youth have opportunities to meet the same 

7 State academic standards to which other stu8 dents are held. 

9 ‘‘(4) COMPARABLE SERVICES.—Each homeless 

10 child or youth to be assisted under this subtitle shall 

11 be provided services comparable to services offered 

12 to other students in the school selected under para13 graph (3), including the following: 

14 ‘‘(A) Transportation services. 

15 ‘‘(B) Educational services for which the 

16 child or youth meets the eligibility criteria, such 

17 as services provided under title I of the Elemen18 tary and Secondary Education Act of 1965 (20 

19 U.S.C. 6301 et seq.) or similar State or local 

20 programs, educational programs for children 

21 with disabilities, and educational programs for 

22 English learners. 

23 ‘‘(C) Programs in career and technical 

24 education. 
575 

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1 ‘‘(D) Programs for gifted and talented stu2 dents. 

3 ‘‘(E) School nutrition programs. 

4 ‘‘(5) COORDINATION.— 

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

6 agency serving homeless children and youths 

7 that receives assistance under this subtitle shall 

8 coordinate— 

9 ‘‘(i) the provision of services under 

10 this subtitle with local social services agen11 cies and other agencies or entities pro12 viding services to homeless children and 

13 youths and their families, including serv14 ices and programs funded under the Run15 away and Homeless Youth Act (42 U.S.C. 

16 5701 et seq.); and 

17 ‘‘(ii) transportation, transfer of school 

18 records, and other interdistrict activities, 

19 with other local educational agencies. 

20 ‘‘(B) HOUSING ASSISTANCE.—If applica21 ble, each State educational agency and local 

22 educational agency that receives assistance 

23 under this subtitle shall coordinate with State 

24 and local housing agencies responsible for devel25 oping the comprehensive housing affordability 
576 

•HR 5 EH

1 strategy described in section 105 of the Cran2 ston-Gonzalez National Affordable Housing Act 

3 (42 U.S.C. 12705) to minimize educational dis4 ruption for children and youths who become 

5 homeless. 

6 ‘‘(C) COORDINATION PURPOSE.—The co7 ordination required under subparagraphs (A) 

8 and (B) shall be designed to— 

9 ‘‘(i) ensure that all homeless children 

10 and youths are promptly identified; 

11 ‘‘(ii) ensure that homeless children 

12 and youths have access to, and are in rea13 sonable proximity to, available education 

14 and related support services; and 

15 ‘‘(iii) raise the awareness of school 

16 personnel and service providers of the ef17 fects of short-term stays in a shelter and 

18 other challenges associated with homeless19 ness. 

20 ‘‘(D) HOMELESS CHILDREN AND YOUTHS

21 WITH DISABILITIES.—For children and youth 

22 who are to be assisted both under this subtitle, 

23 and under the Individuals with Disabilities 

24 Education Act (20 U.S.C. 1400 et seq.) or sec25 tion 504 of the Rehabilitation Act of 1973 (29 
577 

•HR 5 EH

1 U.S.C. 794), each local educational agency shall 

2 coordinate the provision of services under this 

3 subtitle with the provision of programs for chil4 dren with disabilities served by that local edu5 cational agency and other involved local edu6 cational agencies. 

7 ‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 

8 ‘‘(A) DUTIES.—Each local educational 

9 agency liaison for homeless children and youths, 

10 designated under paragraph (1)(J)(ii), shall en11 sure that— 

12 ‘‘(i) homeless children and youths are 

13 identified by school personnel through out14 reach and coordination activities with other 

15 entities and agencies; 

16 ‘‘(ii) homeless children and youths are 

17 enrolled in, and have a full and equal op18 portunity to succeed in, schools of that 

19 local educational agency; 

20 ‘‘(iii) homeless families, children, and 

21 youths have access to and receive edu22 cational services for which such families, 

23 children, and youths are eligible, including 

24 services through Head Start, Early Head 

25 Start, early intervention, and preschool 
578 

•HR 5 EH

1 programs administered by the local edu2 cational agency; 

3 ‘‘(iv) homeless families, children, and 

4 youths receive referrals to health care serv5 ices, dental services, mental health and 

6 substances abuse services, housing services, 

7 and other appropriate services; 

8 ‘‘(v) the parents or guardians of 

9 homeless children and youths are informed 

10 of the educational and related opportuni11 ties available to their children 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 youths is 

16 disseminated in locations frequented by 

17 parents or guardians of such children and 

18 youths, and unaccompanied youths, includ19 ing schools, shelters, public libraries, and 

20 soup kitchens in a manner and form un21 derstandable to the parents and guardians 

22 of homeless children and youths, and unac23 companied youths; 

24 ‘‘(vii) enrollment disputes are medi25 ated in accordance with paragraph (3)(E); 
579 

•HR 5 EH

1 ‘‘(viii) the parent or guardian of a 

2 homeless child or youth, and any unaccom3 panied youth, is fully informed of all trans4 portation services, including transportation 

5 to the school of origin, as described in 

6 paragraph (1)(J)(iii), and is assisted in ac7 cessing transportation to the school that is 

8 selected under paragraph (3)(A); 

9 ‘‘(ix) school personnel providing serv10 ices under this subtitle receive professional 

11 development and other support; and 

12 ‘‘(x) unaccompanied youths— 

13 ‘‘(I) are enrolled in school; 

14 ‘‘(II) have opportunities to meet 

15 the same State academic standards to 

16 which other students are held, includ17 ing through implementation of the 

18 policies and practices required by 

19 paragraph (1)(F)(ii); and 

20 ‘‘(III) are informed of their sta21 tus as independent students under 

22 section 480 of the Higher Education 

23 Act of 1965 (20 U.S.C. 1087vv) and 

24 receive verification of such status for 

25 purposes of the Free Application for 
580 

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1 Federal Student Aid described in sec2 tion 483 of such Act (20 U.S.C. 

3 1090). 

4 ‘‘(B) NOTICE.—State coordinators estab5 lished under subsection (d)(3) and local edu6 cational agencies shall inform school personnel, 

7 service providers, advocates working with home8 less families, parents and guardians of homeless 

9 children and youths, and homeless children and 

10 youths of the duties of the local educational 

11 agency liaisons, including publishing an annu12 ally updated list of the liaisons on the State 

13 educational agency’s website. 

14 ‘‘(C) LOCAL AND STATE COORDINATION.— 

15 Local educational agency liaisons for homeless 

16 children and youths shall, as a part of their du17 ties, coordinate and collaborate with State coor18 dinators and community and school personnel 

19 responsible for the provision of education and 

20 related services to homeless children and 

21 youths. Such coordination shall include col22 lecting and providing to the State Coordinator 

23 the reliable, valid, and comprehensive data 

24 needed to meet the requirements of paragraphs 

25 (1) and (3) of subsection (f). 
581 

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1 ‘‘(7) REVIEW AND REVISIONS.— 

2 ‘‘(A) IN GENERAL.—Each State edu3 cational agency and local educational agency 

4 that receives assistance under this subtitle shall 

5 review and revise any policies that may act as 

6 barriers to the enrollment of homeless children 

7 and youths in schools that are selected under 

8 paragraph (3). 

9 ‘‘(B) CONSIDERATION.—In reviewing and 

10 revising such policies, consideration shall be 

11 given to issues concerning transportation, im12 munization, residency, birth certificates, school 

13 records and other documentation, and guard14 ianship. 

15 ‘‘(C) SPECIAL ATTENTION.—Special atten16 tion shall be given to ensuring the enrollment 

17 and attendance of homeless children and youths 

18 who are not currently attending school.’’; 

19 (8) in subsection (h)(1)(A), by striking ‘‘fiscal 

20 year 2009,’’ and inserting ‘‘fiscal years 2014 

21 through 2019,’’; and 

22 (9) in subsection (h)(4), by striking ‘‘fiscal year 

23 2009’’ and inserting ‘‘fiscal years 2014 through 

24 2019’’. 
582 

•HR 5 EH

1 SEC. 703. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 

2 THE EDUCATION OF HOMELESS CHILDREN 

3 AND YOUTHS. 

4 Section 723 of such Act (42 U.S.C. 11433) is amend5 ed— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1), by striking ‘‘facili8 tating the enrollment,’’ and inserting ‘‘facili9 tating the identification, enrollment,’’; 

10 (B) in paragraph (2)(A)— 

11 (i) by adding ‘‘and’’ at the end of 

12 clause (i); 

13 (ii) by striking ‘‘; and’’ and inserting 

14 a period at the end of clause (ii); and 

15 (iii) by striking clause (iii); and 

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

17 ‘‘(4) DURATION OF GRANTS.—Subgrants 

18 awarded under this section shall be for terms of not 

19 to exceed 3 years.’’; 

20 (2) in subsection (b)— 

21 (A) by striking paragraph (3) and redesig22 nating paragraphs (4) and (5) as paragraphs 

23 (3) and (4), respectively; and 

24 (B) by adding at the end the following: 

25 ‘‘(5) An assurance that the local educational 

26 agency will collect and promptly provide data re-
583 

•HR 5 EH

1 quested by the State Coordinator pursuant to para2 graphs (1) and (3) of section 722(f). 

3 ‘‘(6) An assurance that the local educational 

4 agency has removed barriers to complying with the 

5 requirements of section 722(g)(1)(I).’’; 

6 (3) in subsection (c)— 

7 (A) in paragraph (1), by striking ‘‘726’’ 

8 and inserting ‘‘722(a)’’; 

9 (B) in paragraph (2)— 

10 (i) in subparagraph (A), by inserting 

11 ‘‘identification,’’ before ‘‘enrollment’’; 

12 (ii) by amending subparagraph (B) to 

13 read as follows: 

14 ‘‘(B) The extent to which the application 

15 reflects coordination with other local and State 

16 agencies that serve homeless children and 

17 youths.’’; and 

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

19 ‘‘(as of the date of submission of the appli20 cation)’’ after ‘‘current practice’’; 

21 (C) in paragraph (3)— 

22 (i) by amending subparagraph (C) to 

23 read as follows: 

24 ‘‘(C) The extent to which the applicant will 

25 promote meaningful involvement of parents or 
584 

•HR 5 EH

1 guardians of homeless children or youths in the 

2 education of their children.’’; 

3 (ii) in subparagraph (D), by striking 

4 ‘‘within’’ and inserting ‘‘into’’; 

5 (iii) in subparagraph (G)— 

6 (I) by striking ‘‘Such’’ and in7 serting ‘‘The extent to which the ap8 plicant’s program meets such’’; and 

9 (II) by striking ‘‘case manage10 ment or related’’; 

11 (iv) by redesignating subparagraph 

12 (G) as subparagraph (I) and inserting 

13 after subparagraph (F) the following: 

14 ‘‘(G) The extent to which the local edu15 cational agency will use the subgrant to lever16 age resources, including by maximizing 

17 nonsubgrant funding for the position of the liai18 son described in section 722(g)(1)(J)(ii) and 

19 the provision of transportation. 

20 ‘‘(H) How the local educational agency 

21 uses funds to serve homeless children and 

22 youths under section 1113(c)(3) of the Elemen23 tary and Secondary Education Act of 1965 (20 

24 U.S.C. 6313(c)(3)).’’; and 

25 (v) by adding at the end the following: 
585 

•HR 5 EH

1 ‘‘(J) An assurance that the applicant will 

2 meet the requirements of section 722(g)(3).’’; 

3 and 

4 (D) by striking paragraph (4). 

5 (4) in subsection (d)— 

6 (A) in paragraph (1)— 

7 (i) by striking ‘‘challenging State aca8 demic content standards’’ and inserting 

9 ‘‘State academic standards’’; and 

10 (ii) by striking ‘‘and challenging State 

11 student academic achievement standards’’; 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘students with limited 

14 English proficiency,’’ and inserting 

15 ‘‘English learners,’’; and 

16 (ii) by striking ‘‘vocational’’ and in17 serting ‘‘career’’; 

18 (C) in paragraph (3), by striking ‘‘pupil 

19 services’’ and inserting ‘‘specialized instruc20 tional support’’; 

21 (D) in paragraph (7), by striking ‘‘, and 

22 unaccompanied youths,’’ and inserting ‘‘, par23 ticularly homeless children and youths who are 

24 not enrolled in school,’’; 
586 

•HR 5 EH

1 (E) in paragraph (9) by striking ‘‘medical’’ 

2 and inserting ‘‘other required health’’; 

3 (F) in paragraph (10), by inserting before 

4 the period at the end ‘‘, and other activities de5 signed to increase the meaningful involvement 

6 of parents or guardians of homeless children or 

7 youths in the education of their children’’; 

8 (G) in paragraph (12), by striking ‘‘pupil’’ 

9 and inserting ‘‘specialized instructional sup10 port’’; and 

11 (H) in paragraph (13), by inserting before 

12 the period at the end ‘‘and parental mental 

13 health or substance abuse problems’’. 

14 SEC. 704. SECRETARIAL RESPONSIBILITIES. 

15 Section 724 of such Act (42 U.S.C. 11434) is amend16 ed— 

17 (1) by amending subsection (c) to read as fol18 lows: 

19 ‘‘(c) NOTICE.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall, before 

21 the next school year that begins after the date of the 

22 enactment of the Student Success Act, update and 

23 disseminate nationwide the public notice described in 

24 this subsection (as in effect prior to such date) of 
587 

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1 the educational rights of homeless children and 

2 youths. 

3 ‘‘(2) DISSEMINATION.—The Secretary shall dis4 seminate the notice nationally to all Federal agen5 cies, program grantees, and grant recipients serving 

6 homeless families, children, and youths.’’; 

7 (2) in subsection (d), by striking ‘‘and dissemi8 nation’’ and inserting ‘‘, dissemination, and technical 

9 assistance’’; 

10 (3) in subsection (e)— 

11 (A) by striking ‘‘applications for grants 

12 under this subtitle’’ and inserting ‘‘plans for 

13 the use of grant funds under section 722’’; 

14 (B) by striking ‘‘60-day’’ and inserting 

15 ‘‘120-day’’; and 

16 (C) by striking ‘‘120-day’’ and inserting 

17 ‘‘180-day’’; 

18 (4) in subsection (f), by adding at the end the 

19 following: ‘‘The Secretary shall provide support and 

20 technical assistance to State educational agencies in 

21 areas in which barriers to a free appropriate public 

22 education persist.’’; 

23 (5) by amending subsection (g) to read as fol24 lows: 
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1 ‘‘(g) GUIDELINES.—The Secretary shall develop, 

2 issue, and publish in the Federal Register, not later than 

3 60 days after the date of the enactment of the Student 

4 Success Act, strategies by which a State— 

5 ‘‘(1) may assist local educational agencies to 

6 implement the provisions amended by the Act; and 

7 ‘‘(2) can review and revise State policies and 

8 procedures that may present barriers to the identi9 fication, enrollment, attendance, and success of 

10 homeless children and youths in school.’’; 

11 (6) in subsection (h)(1)(A), by inserting ‘‘in all 

12 areas served by local educational agencies’’ before 

13 the semicolon at the end; and 

14 (7) in subsection (i), by striking ‘‘McKinney15 Vento Homeless Education Assistance Improvements 

16 Act of 2001’’ and inserting ‘‘Student Success Act’’. 

17 SEC. 705. DEFINITIONS. 

18 Section 725 of such Act (42 U.S.C. 11434a) is 

19 amended— 

20 (1) in paragraph (2)(B)(iv), by striking ‘‘1309’’ 

21 and inserting ‘‘1139’’; and 

22 (2) in paragraph (3), by striking ‘‘9101’’ and 

23 inserting ‘‘5101’’. 
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1 SEC. 706. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 726 of such Act (42 U.S.C. 11435) is amend3 ed to read as follows: 

4 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘For the purpose of carrying out this subtitle, there 

6 are authorized to be appropriated $61,771,000 for each 

7 of fiscal years 2014 through 2019.’’. 

8 TITLE VIII—MISCELLANEOUS 

9 PROVISIONS 

10 SEC. 801. FINDINGS; SENSE OF THE CONGRESS. 

11 (a) FINDINGS.—The Congress finds as follows: 

12 (1) To avoid negative attention and litigation, 

13 some local educational agencies have entered into 

14 agreements with employees who are suspected of 

15 abusing or are known to have abused students. 

16 (2) Instead of reporting sexual misconduct with 

17 minors to the proper authorities such as the police 

18 or child welfare services, under such agreements the 

19 local educational agencies, schools, and employees 

20 keep the information private and facilitate the em21 ployee’s transfer to another local educational agency. 

22 (b) SENSE OF THE CONGRESS.—It is the sense of 

23 the Congress that— 

24 (1) confidentiality agreements between local 

25 educational agencies or schools and suspected child 

26 sex abusers should be prohibited; 
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1 (2) the practice of employee transfers after sus2 pected or proven sexual misconduct should be 

3 stopped, and States should require local educational 

4 agencies and schools to provide law enforcement 

5 with all information regarding sexual conduct be6 tween an employee and a minor; and 

7 (3) Congress should help protect children and 

8 help stop this unacceptable practice in our schools. 

Passed the House of Representatives July 19, 2013. 

Attest: 

Clerk. 

113TH CONGRESS 

1ST SESSION H. R. 5 

AN ACT 

To support State and local accountability for public 

dren’s schools, and for other purposes. form parents of the performance of their chileducation, protect State and local authority, in-