IB 

Union Calendar No. 108 

113TH CONGRESS 

1ST SESSION H. R. 5 

[Report No. 113–150, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 6, 2013 

Mr. KLINE (for himself, Mr. ROKITA, Mr. PETRI, Ms. FOXX, Mr. ROE of Tennessee, Mr. THOMPSON of Pennsylvania, Mr. GUTHRIE, Mr. BUCSHON, 

Mrs. ROBY, Mr. HECK of Nevada, Mrs. BROOKS of Indiana, and Mr. 

MESSER) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Financial Services, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

JULY 11, 2013 

Additional sponsor: Mr. SALMON

JULY 11, 2013 

Reported from the Committee on Education and the Workforce with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 11, 2013 

The Committee on Financial Services discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on June 6, 2013] 


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A BILL 

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. 


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

3 SECTION 1. SHORT TITLE. 

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

5 SEC. 2. TABLE OF CONTENTS. 

6 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. 

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. 

Subtitle C—Additional Aid to States and School Districts 

Sec. 131. Additional aid. 


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Subtitle D—National Assessment 

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—REPEAL 

Sec. 601. Repeal of title VI. 

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. 


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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 of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 other provision of the Elementary and Secondary Edu7 cation 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 et 

12 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 con15 tinue more than one year after the date of the enactment 

16 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 basis 

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

25 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 competitive 

3 basis, this Act, and the amendments made by this Act, shall 

4 take effect with respect to appropriations for use under those 

5 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 respect 

9 to appropriations for use under that title for fiscal year 

10 2014. 

11 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

12 The Act (20 U.S.C. 6301 et seq.) is amended by insert13 ing after section 2 the following: 

14 ‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 

15 ‘‘(a) TITLE I.— 

16 ‘‘(1) PART A.—There are authorized to be appro17 priated to carry out part A of title I $16,651,767,000 

18 for each of fiscal years 2014 through 2019. 

19 ‘‘(2) PART B.—There are authorized to be appro20 priated to carry out part B of title I $3,028,000 for 

21 each of fiscal years 2014 through 2019. 

22 ‘‘(b) TITLE II.—There are authorized to be appro23 priated to carry out title II $2,441,549,000 for each of fiscal 

24 years 2014 through 2019. 

25 ‘‘(c) TITLE III.— 


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1 ‘‘(1) PART A.— 

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

3 be appropriated to carry out subpart 1 of part 

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

5 years 2014 through 2019. 

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

7 be appropriated to carry out subpart 2 of part 

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

9 2014 through 2019. 

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

11 be appropriated to carry out subpart 3 of part 

12 A of title III $25,000,000 for each of fiscal years 

13 2014 through 2019. 

14 ‘‘(2) PART B.—There are authorized to be appro15 priated to carry out part B of title III $2,055,709,000 

16 for each of fiscal years 2014 through 2019. 

17 ‘‘(d) TITLE IV.— 

18 ‘‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF

19 REAL PROPERTY.—For the purpose of making pay20 ments under section 4002, there are authorized to be 

21 appropriated $63,445,000 for each of fiscal years 

22 2014 through 2019. 

23 ‘‘(2) BASIC PAYMENTS; PAYMENTS FOR HEAVILY

24 IMPACTED LOCAL EDUCATIONAL AGENCIES.—For the 

25 purpose of making payments under section 4003(b), 


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1 there are authorized to be appropriated 

2 $1,093,203,000 for each of fiscal years 2014 through 

3 2019. 

4 ‘‘(3) PAYMENTS FOR CHILDREN WITH DISABIL5 ITIES.—For the purpose of making payments under 

6 section 4003(d), there are authorized to be appro7 priated $45,881,000 for each of fiscal years 2014 

8 through 2019. 

9 ‘‘(4) CONSTRUCTION.—For the purpose of car10 rying out section 4007, there are authorized to be ap11 propriated $16,529,000 for each of fiscal years 2014 

12 through 2019. 

13 ‘‘(5) FACILITIES MAINTENANCE.—For the pur14 pose of carrying out section 4008, there are author15 ized to be appropriated $4,591,000 for each of fiscal 

16 years 2014 through 2019.’’. 

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 as 

5 follows: 

6 ‘‘SEC. 1001. STATEMENT OF PURPOSE. 

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

8 opportunity to graduate high school prepared for postsec9 ondary education or the workforce. This purpose can be ac10 complished by— 

11 ‘‘(1) meeting the educational needs of low-achiev12 ing children in our Nation’s highest-poverty schools, 

13 English learners, migratory children, children with 

14 disabilities, Indian children, and neglected or delin15 quent 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 meaning22 ful opportunities to participate in the education of 

23 their children; and 

24 ‘‘(4) challenging States and local educational 

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1 cation reform, while encouraging state and local inno2 vation.’’. 

3 SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS. 

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

5 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 required 

14 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 ‘‘(F) Chapter B of subpart 6 of part A of 

21 title I. 

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

23 each year, a State educational agency shall notify the 

24 Secretary of the State educational agency’s intention 


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1 to use the applicable funding for any of the alter2 native uses under paragraph (1). 

3 ‘‘(3) APPLICABLE FUNDING DEFINED.— 

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

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

6 ‘applicable funding’ means funds provided to 

7 carry out State activities under one or more of 

8 the following provisions. 

9 ‘‘(i) Section 1003. 

10 ‘‘(ii) Section 1004. 

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

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

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

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

15 term ‘applicable funding’ does not include funds 

16 provided under any of the provisions listed in 

17 subparagraph (A) that State educational agen18 cies are required by this Act— 

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

20 required activities; 

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

22 local educational agencies or other entities 

23 eligible to receive such funds; or 

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

25 monitoring. 


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1 ‘‘(4) DISBURSEMENT.—The Secretary shall dis2 burse the applicable funding to State educational 

3 agencies for alternative uses under paragraph (1) for 

4 a fiscal year at the same time as the Secretary dis5 burses the applicable funding to State educational 

6 agencies that do not intend to use the applicable 

7 funding for such alternative uses for the fiscal year. 

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

9 LOCAL EDUCATIONAL AGENCIES.— 

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

11 and (d) and notwithstanding any other provision of 

12 law, a local educational agency may use the applica13 ble funding that the agency receives for a fiscal year 

14 to carry out any local activity authorized or required 

15 under one or more of the following provisions: 

16 ‘‘(A) Section 1003. 

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

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

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

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

21 ‘‘(F) Subpart 6 of part A of title I. 

22 ‘‘(2) NOTIFICATION.—A local educational agency 

23 shall notify the State educational agency of the local 

24 educational agency’s intention to use the applicable 

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1 graph (1) by a date that is established by the State 

2 educational agency for the notification. 

3 ‘‘(3) APPLICABLE FUNDING DEFINED.— 

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

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

6 ‘applicable funding’ means funds provided to 

7 carry out local activities under one or more of 

8 the following provisions: 

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

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

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

12 ‘‘(iv) Chapter A of subpart 6 of part A 

13 of title I. 

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

15 term ‘applicable funding’ does not include funds 

16 provided under any of the provisions listed in 

17 subparagraph (A) that local educational agencies 

18 are required by this Act— 

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

20 required activities; 

21 ‘‘(ii) to allocate, allot, or award to en22 tities eligible to receive such funds; or 

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

24 monitoring. 


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

2 agency that receives applicable funding for a fiscal 

3 year shall disburse the applicable funding to local 

4 educational agencies for alternative uses under para5 graph (1) for the fiscal year at the same time as the 

6 State educational agency disburses the applicable 

7 funding to local educational agencies that do not in8 tend to use the applicable funding for such alternative 

9 uses for the fiscal year. 

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

11 educational agency or a local educational agency shall only 

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

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

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

15 (b)(1), respectively, to the extent that the agency, in the ab16 sence of this section, could have used funds for administra17 tive costs with respect to a program listed in subsection 

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

19 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to relieve a State educational agency 

21 or local educational agency of any requirements relating 

22 to— 

23 ‘‘(1) use of Federal funds to supplement, not sup24 plant, non-Federal funds; 

25 ‘‘(2) comparability of services; 


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1 ‘‘(3) equitable participation of private school stu2 dents and teachers; 

3 ‘‘(4) applicable civil rights requirements; 

4 ‘‘(5) section 1113; or 

5 ‘‘(6) section 1111.’’. 

6 SEC. 104. SCHOOL IMPROVEMENT. 

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

8 (1) in subsection (a)— 

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

10 ‘‘7 percent’’; and 

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

12 all that follows through ‘‘sections 1116 and 

13 1117,’’ and inserting ‘‘chapter B of subpart 1 of 

14 part A for each fiscal year to carry out sub15 section (b),’’; 

16 (2) in subsection (b)— 

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

18 schools identified for school improvement, correc19 tive action, and restructuring, for activities 

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

21 out the State’s system of school improvement 

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

23 (B) in paragraph (2), by striking ‘‘or edu24 cational service agencies’’ and inserting ‘‘, edu25 cational service agencies, or non-profit or forVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 profit external providers with expertise in using 

2 evidence-based or other effective strategies to im3 prove student achievement’’; 

4 (3) in subsection (c)— 

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

6 the end; 

7 (B) in paragraph (2), by striking ‘‘need for 

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

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

10 (C) by striking paragraph (3); 

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

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

13 part A;’’; 

14 (5) in subsection (e)— 

15 (A) by striking ‘‘in any fiscal year’’ and in16 serting ‘‘in fiscal year 2015 and each subsequent 

17 fiscal year’’; 

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

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

20 (C) by striking ‘‘such subpart’’ and insert21 ing ‘‘such chapter’’; 

22 (6) in subsection (f), by striking ‘‘and the per23 centage of students from each school from families 

24 with incomes below the poverty line’’; and 

25 (7) by striking subsection (g). 


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1 SEC. 105. DIRECT STUDENT SERVICES. 

2 The Act (20 U.S.C. 6301 et seq.) is amended by insert3 ing after section 1003 the following: 

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

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

6 3 percent of the amount the State receives under chapter 

7 B of subpart 1 of part A for each fiscal year to carry out 

8 this section. Of such reserved funds, the State educational 

9 agency may use up to 1 percent to administer direct student 

10 services. 

11 ‘‘(b) DIRECT STUDENT SERVICES.—From the amount 

12 available after the application of subsection (a), each State 

13 shall award grants in accordance with this section to local 

14 educational agencies to support direct student services. 

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

16 award grants to geographically diverse local educational 

17 agencies including suburban, rural, and urban local edu18 cational agencies. If there are not enough funds to award 

19 all applicants in a sufficient size and scope to run an effec20 tive direct student services program, the State shall 

21 prioritize awards to local educational agencies with the 

22 greatest number of low-performing schools. 

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

24 agency receiving an award under this section— 

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

26 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 pay 

7 the transportation required to provide public school 

8 choice or the hourly rate for high-quality academic 

9 tutoring services, as determined by a provider on the 

10 State-approved list required under subsection (f)(2). 

11 ‘‘(e) APPLICATION.—A local educational agency desir12 ing to receive an award under subsection (b) shall submit 

13 an application describing how the local educational agency 

14 will— 

15 ‘‘(1) provide adequate outreach to ensure parents 

16 can exercise a meaningful choice of direct student 

17 services for their child’s education; 

18 ‘‘(2) ensure parents have adequate time and in19 formation to make a meaningful choice prior to en20 rolling their child in a direct student service; 

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

22 public schools the local educational agency will make 

23 available for public school choice options; 

24 ‘‘(4) determine the requirements or criteria for 

25 student eligibility for direct student services; 


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

2 academic tutoring from the State-approved list re3 quired under subsection (f)(2) and ensure fair nego4 tiations in selecting such providers of high-quality 

5 academic tutoring, including online, on campus, and 

6 other models of tutoring which provide meaningful 

7 choices to parents to find the best service for their 

8 child; and 

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

10 available for eligible students to use toward high-qual11 ity academic tutoring which shall allow for an ade12 quate level of services to increase academic achieve13 ment from a variety of high-quality academic tutor14 ing providers. 

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

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

17 agency receiving an award to provide public school 

18 choice can provide a sufficient number of options to 

19 provide a meaningful choice for parents; 

20 ‘‘(2) shall compile a list of State-approved high21 quality academic tutoring providers that includes on22 line, on campus, and other models of tutoring; and 

23 ‘‘(3) shall ensure that each local educational 

24 agency receiving an award will provide an adequate 


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1 number of high-quality academic tutoring options to 

2 ensure parents have a meaningful choice of services.’’. 

3 SEC. 106. STATE ADMINISTRATION. 

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

5 follows: 

6 ‘‘SEC. 1004. STATE ADMINISTRATION. 

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

8 (b), to carry out administrative duties assigned under sub9 parts 1, 2, and 3 of part A of this title, each State may 

10 reserve the greater of— 

11 ‘‘(1) 1 percent of the amounts received under 

12 such subparts; or 

13 ‘‘(2) $400,000 ($50,000 in the case of each out14 lying area). 

15 ‘‘(b) EXCEPTION.—If the sum of the amounts reserved 

16 under subparts 1, 2, and 3 of part A of this title is equal 

17 to or greater than $14,000,000,000, then the reservation de18 scribed in subsection (a)(1) shall not exceed 1 percent of 

19 the amount the State would receive if $14,000,000,000 were 

20 allocated among the States for subparts 1, 2, and 3 of part 

21 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 of 

6 title I (20 U.S.C. 6311 et seq.) is amended to read as fol7 lows: 

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 title 

12 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 title 

19 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 as 

23 follows: 

24 ‘‘SEC. 1111. STATE PLANS. 

25 ‘‘(a) PLANS REQUIRED.— 


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1 ‘‘(1) IN GENERAL.—For any State desiring to re2 ceive 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, and parents, that satisfies 

9 the requirements of this section and that is coordi10 nated with other programs under this Act, the Indi11 viduals with Disabilities Education Act, the Carl D. 

12 Perkins Career and Technical Education Act of 2006, 

13 the Head Start Act, the Adult Education and Family 

14 Literacy Act, and the McKinney-Vento Homeless As15 sistance Act. 

16 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub17 mitted under paragraph (1) may be submitted as 

18 part of a consolidated plan under section 5302. 

19 ‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESS20 MENTS, AND STATE ACCOUNTABILITY.— 

21 ‘‘(1) ACADEMIC STANDARDS.— 

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

23 demonstrate that the State has adopted academic 

24 content standards and academic achievement 

25 standards aligned with such content standards 


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1 that comply with the requirements of this para2 graph. 

3 ‘‘(B) SUBJECTS.—The State shall have such 

4 academic standards for mathematics, reading or 

5 language arts, and science, and may have such 

6 standards for any other subject determined by 

7 the State. 

8 ‘‘(C) REQUIREMENTS.—The standards de9 scribed in subparagraph (A) shall— 

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

11 public school students in the State; and 

12 ‘‘(ii) with respect to academic achieve13 ment standards, include the same knowl14 edge, skills, and levels of achievement ex15 pected of all public school students in the 

16 State. 

17 ‘‘(D) ALTERNATE ACADEMIC ACHIEVEMENT

18 STANDARDS.—Notwithstanding any other provi19 sion of this paragraph, a State may, through a 

20 documented and validated standards-setting 

21 process, adopt alternate academic achievement 

22 standards for students with the most significant 

23 cognitive disabilities, if— 

24 ‘‘(i) the determination about whether 

25 the achievement of an individual student 


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1 should be measured against such standards 

2 is made separately for each student; and 

3 ‘‘(ii) such standards— 

4 ‘‘(I) are aligned with the State 

5 academic standards required under 

6 subparagraph (A); 

7 ‘‘(II) promote access to the general 

8 curriculum; and 

9 ‘‘(III) reflect professional judg10 ment as to the highest possible stand11 ards achievable by such students. 

12 ‘‘(E) ENGLISH LANGUAGE PROFICIENCY

13 STANDARDS.—Each State plan shall describe 

14 how the State educational agency will establish 

15 English language proficiency standards that 

16 are— 

17 ‘‘(i) derived from the four recognized 

18 domains of speaking, listening, reading, and 

19 writing; and 

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

21 content standards in reading or language 

22 arts under subparagraph (A). 

23 ‘‘(2) ACADEMIC ASSESSMENTS.— 

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

25 demonstrate that the State educational agency, 


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1 in consultation with local educational agencies, 

2 has implemented a set of high-quality student 

3 academic assessments in mathematics, reading 

4 or language arts, and science. At the State’s dis5 cretion, the State plan may also demonstrate 

6 that the State has implemented such assessments 

7 in any other subject chosen by the State. 

8 ‘‘(B) REQUIREMENTS.—Such assessments 

9 shall— 

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

11 reading or language arts, be used in deter12 mining the performance of each local edu13 cational agency and public school in the 

14 State in accordance with the State’s ac15 countability system under paragraph (3); 

16 ‘‘(ii) be the same academic assessments 

17 used to measure the academic achievement 

18 of all public school students in the State; 

19 ‘‘(iii) be aligned with the State’s aca20 demic standards and provide coherent and 

21 timely information about student attain22 ment of such standards; 

23 ‘‘(iv) be used for purposes for which 

24 such assessments are valid and reliable, be 

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1 pose required under this Act, and be con2 sistent with relevant, nationally recognized 

3 professional and technical standards; 

4 ‘‘(v)(I) in the case of mathematics and 

5 reading or language arts, be administered 

6 in each of grades 3 through 8 and at least 

7 once in grades 9 through 12; 

8 ‘‘(II) in the case of science, be adminis9 tered not less than one time during— 

10 ‘‘(aa) grades 3 through 5; 

11 ‘‘(bb) grades 6 through 9; and 

12 ‘‘(cc) grades 10 through 12; and 

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

14 chosen by the State, be administered at the 

15 discretion of the State; 

16 ‘‘(vi) measure individual student aca17 demic proficiency and growth; 

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

19 ‘‘(I) be administered through a 

20 single annual summative assessment; 

21 or 

22 ‘‘(II) be administered through 

23 multiple assessments during the course 

24 of the academic year that result in a 

25 single summative score that provides 


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1 valid, reliable, and transparent infor2 mation on student achievement; 

3 ‘‘(viii) include measures that assess 

4 higher-order thinking skills and under5 standing; 

6 ‘‘(ix) provide for— 

7 ‘‘(I) the participation in such as8 sessments of all students; 

9 ‘‘(II) the reasonable adaptations 

10 and accommodations for students with 

11 disabilities necessary to measure the 

12 academic achievement of such students 

13 relative to the State’s academic stand14 ards; and 

15 ‘‘(III) the inclusion of English 

16 learners, who shall be assessed in a 

17 valid and reliable manner and pro18 vided reasonable accommodations, in19 cluding, to the extent practicable, as20 sessments in the language and form 

21 most likely to yield accurate and reli22 able information on what such students 

23 know and can do in academic content 

24 areas, until such students have 

25 achieved English language proficiency, 


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1 as assessed by the State under sub2 paragraph (D); 

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

4 provide for the assessment of reading or lan5 guage arts in English for English learners 

6 who have attended school in the United 

7 States (not including Puerto Rico) for 3 or 

8 more consecutive school years, except that a 

9 local educational agency may, on a case-by10 case basis, provide for the assessment of 

11 reading or language arts for each such stu12 dent in a language other than English for 

13 a period not to exceed 2 additional consecu14 tive years if the assessment would be more 

15 likely to yield accurate and reliable infor16 mation on what such student knows and 

17 can do, provided that such student has not 

18 yet reached a level of English language pro19 ficiency sufficient to yield valid and reliable 

20 information on what such student knows 

21 and can do on reading or language arts as22 sessments written in English; 

23 ‘‘(xi) produce individual student inter24 pretive, descriptive, and diagnostic reports 

25 regarding achievement on such assessments 


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1 that allow parents, teachers, and school 

2 leaders to understand and address the spe3 cific academic needs of students, and that 

4 are provided to parents, teachers, and school 

5 leaders, as soon as is practicable after the 

6 assessment is given, in an understandable 

7 and uniform format, and to the extent prac8 ticable, in a language that parents can un9 derstand; 

10 ‘‘(xii) enable results to be disaggregated 

11 within each State, local educational agency, 

12 and school by gender, by each major racial 

13 and ethnic group, by English language pro14 ficiency status, by migrant status, by status 

15 as a student with a disability, and by eco16 nomically disadvantaged status, except that, 

17 in the case of a local educational agency or 

18 a school, such disaggregation shall not be re19 quired in a case in which the number of 

20 students in a category is insufficient to 

21 yield statistically reliable information or 

22 the results would reveal personally identifi23 able information about an individual stu24 dent; and 


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1 ‘‘(xiii) be administered to not less than 

2 95 percent of all students, and not less than 

3 95 percent of each subgroup of students de4 scribed in paragraph (3)(B)(ii)(II). 

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

6 may provide for alternate assessments aligned 

7 with the alternate academic standards adopted 

8 in accordance with paragraph (1)(D), for stu9 dents with the most significant cognitive disabil10 ities, if the State— 

11 ‘‘(i) establishes and monitors imple12 mentation of clear and appropriate guide13 lines for individualized education program 

14 teams (as defined in section 614(d)(1)(B) of 

15 the Individuals with Disabilities Education 

16 Act) to apply when determining when a 

17 child’s significant cognitive disability justi18 fies assessment based on alternate achieve19 ment standards; 

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

21 students are informed that— 

22 ‘‘(I) their child’s academic 

23 achievement will be measured against 

24 such alternate standards; and 


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1 ‘‘(II) whether participation in 

2 such assessments precludes the student 

3 from completing the requirements for a 

4 regular high school diploma; 

5 ‘‘(iii) demonstrates that such students 

6 are, to the extent practicable, included in 

7 the general curriculum and that such alter8 nate assessments are aligned with such cur9 riculum; 

10 ‘‘(iv) develops, disseminates informa11 tion about, and promotes the use of appro12 priate accommodations to increase the num13 ber of students with disabilities who are 

14 tested against academic achievement stand15 ards for the grade in which a student is en16 rolled; and 

17 ‘‘(v) ensures that regular and special 

18 education teachers and other appropriate 

19 staff know how to administer the alternate 

20 assessments, including making appropriate 

21 use of accommodations for students with 

22 disabilities. 

23 ‘‘(D) ASSESSMENTS OF ENGLISH LANGUAGE

24 PROFICIENCY.— 


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1 ‘‘(i) IN GENERAL.—Each State plan 

2 shall demonstrate that local educational 

3 agencies in the State will provide for an an4 nual assessment of English proficiency of 

5 all English learners in the schools served by 

6 the State educational agency. 

7 ‘‘(ii) ALIGNMENT.—The assessments 

8 described in clause (i) shall be aligned with 

9 the State’s English language proficiency 

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

11 ‘‘(E) LANGUAGE ASSESSMENTS.—Each 

12 State plan shall identify the languages other 

13 than English that are present in the partici14 pating student population and indicate the lan15 guages for which yearly student academic assess16 ments are not available and are needed. The 

17 State shall make every effort to develop such as18 sessments and may request assistance from the 

19 Secretary if linguistically accessible academic as20 sessment measures are needed. Upon request, the 

21 Secretary shall assist with the identification of 

22 appropriate academic assessment measures in 

23 the needed languages, but shall not mandate a 

24 specific academic assessment or mode of instruc25 tion. 


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

2 may develop and administer computer adaptive 

3 assessments as the assessments required under 

4 subparagraph (A). If a State develops and ad5 ministers a computer adaptive assessment for 

6 such purposes, the assessment shall meet the re7 quirements of this paragraph, except as follows: 

8 ‘‘(i) Notwithstanding subparagraph 

9 (B)(iii), the assessment— 

10 ‘‘(I) shall measure, at a min11 imum, each student’s academic pro12 ficiency against the State’s academic 

13 standards for the student’s grade level 

14 and growth toward such standards; 

15 and 

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

17 used to measure the student’s level of 

18 academic proficiency and growth using 

19 assessment items above or below the 

20 student’s grade level, including for use 

21 as part of a State’s accountability sys22 tem under paragraph (3). 

23 ‘‘(ii) Subparagraph (B)(ii) shall not be 

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1 ing the computer adaptive assessment be ad2 ministered the same assessment items. 

3 ‘‘(3) STATE ACCOUNTABILITY SYSTEMS.— 

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

5 demonstrate that the State has developed and is 

6 implementing a single, statewide accountability 

7 system to ensure that all public school students 

8 graduate from high school prepared for postsec9 ondary education or the workforce without the 

10 need for remediation. 

11 ‘‘(B) ELEMENTS.—Each State account12 ability system described in subparagraph (A) 

13 shall at a minimum— 

14 ‘‘(i) annually measure the academic 

15 achievement of all public school students in 

16 the State against the State’s mathematics 

17 and reading or language arts academic 

18 standards adopted under paragraph (1), 

19 which may include measures of student 

20 growth toward such standards, using the 

21 mathematics and reading or language arts 

22 assessments described in paragraph (2)(B) 

23 and other valid and reliable academic indi24 cators related to student achievement as 

25 identified by the State; 


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1 ‘‘(ii) annually evaluate and identify 

2 the academic performance of each public 

3 school in the State based on— 

4 ‘‘(I) student academic achieve5 ment as measured in accordance with 

6 clause (i); and 

7 ‘‘(II) the overall performance, and 

8 achievement gaps as compared to all 

9 students in the school, for economically 

10 disadvantaged students, students from 

11 major racial and ethnic groups, stu12 dents with disabilities, and English 

13 learners, except that disaggregation of 

14 data under this subclause shall not be 

15 required in a case in which the number 

16 of students in a category is insufficient 

17 to yield statistically reliable informa18 tion or the results would reveal person19 ally identifiable information about an 

20 individual student; and 

21 ‘‘(iii) include a system for school im22 provement for low-performing public schools 

23 receiving funds under this subpart that— 


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1 ‘‘(I) implements interventions in 

2 such schools that are designed to ad3 dress such schools’ weaknesses; and 

4 ‘‘(II) is implemented by local edu5 cational agencies serving such schools. 

6 ‘‘(C) PROHIBITION.—Nothing in this section 

7 shall be construed to permit the Secretary to es8 tablish any criteria that specifies, defines, or 

9 prescribes any aspect of a State’s accountability 

10 system developed and implemented in accordance 

11 with this paragraph. 

12 ‘‘(D) ACCOUNTABILITY FOR CHARTER

13 SCHOOLS.—The accountability provisions under 

14 this Act shall be overseen for charter schools in 

15 accordance with State charter school law. 

16 ‘‘(4) REQUIREMENTS.—Each State plan shall de17 scribe— 

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

19 assist each local educational agency and each 

20 public school affected by the State plan to com21 ply with the requirements of this subpart, in22 cluding how the State educational agency will 

23 work with local educational agencies to provide 

24 technical assistance; and 


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

2 ensure that the results of the State assessments 

3 described in paragraph (2), the other indicators 

4 selected by the State under paragraph (3)(B)(i), 

5 and the school evaluations described in para6 graph (3)(B)(ii), will be promptly provided to 

7 local educational agencies, schools, teachers, and 

8 parents in a manner that is clear and easy to 

9 understand, but not later than before the begin10 ning of the school year following the school year 

11 in which such assessments, other indicators, or 

12 evaluations are taken or completed. 

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

14 State plan shall describe the process by which the 

15 State will adopt and implement the State academic 

16 standards, assessments, and accountability system re17 quired under this section within 2 years of enactment 

18 of the Student Success Act. 

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

20 subpart shall prohibit a State from revising, con21 sistent with this section, any standard adopted under 

22 this section before or after the date of enactment of the 

23 Student Success Act. 

24 ‘‘(7) EXISTING STATE LAW.—Nothing in this sec25 tion shall be construed to alter any State law or reguVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 lation granting parents authority over schools that re2 peatedly failed to make adequate yearly progress 

3 under this section, as in effect on the day before the 

4 date of the enactment of the Student Success Act. 

5 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND

6 LEARNING.—Each State plan shall contain assurances 

7 that— 

8 ‘‘(1) the State will notify local educational agen9 cies, schools, teachers, parents, and the public of the 

10 academic standards, academic assessments, and State 

11 accountability system developed and implemented 

12 under this section; 

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

14 academic assessments of 4th and 8th grade reading 

15 and mathematics under the National Assessment of 

16 Educational Progress carried out under section 

17 303(b)(2) of the National Assessment of Educational 

18 Progress Authorization Act if the Secretary pays the 

19 costs of administering such assessments; 

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

21 local educational agencies and the public of the au22 thority to operate schoolwide programs; 

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

24 the least restrictive and burdensome regulations for 


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1 local educational agencies and individual schools par2 ticipating in a program assisted under this subpart; 

3 ‘‘(5) the State educational agency will encourage 

4 schools to consolidate funds from other Federal, State, 

5 and local sources for schoolwide reform in schoolwide 

6 programs under section 1114; 

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

8 eliminate State fiscal and accounting barriers so that 

9 schools can easily consolidate funds from other Fed10 eral, State, and local sources for schoolwide programs 

11 under section 1114; and 

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

13 local educational agencies in the State of the local 

14 educational agency’s authority to transfer funds 

15 under section 1002 and to obtain waivers under sec16 tion 5401. 

17 ‘‘(d) PARENTAL INVOLVEMENT.—Each State plan shall 

18 describe how the State educational agency will support the 

19 collection and dissemination to local educational agencies 

20 and schools of effective parental involvement practices. Such 

21 practices shall— 

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

23 meets the highest professional and technical standards 

24 on effective parental involvement that fosters achieve25 ment to high standards for all children; 


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1 ‘‘(2) be geared toward lowering barriers to great2 er participation by parents in school planning, re3 view, and improvement; and 

4 ‘‘(3) be coordinated with programs funded under 

5 subpart 3 of part A of title III. 

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

7 ‘‘(1) ESTABLISHMENT.—Notwithstanding section 

8 5543, the Secretary shall— 

9 ‘‘(A) establish a peer-review process to assist 

10 in the review of State plans; and 

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

12 process who are representative of parents, teach13 ers, State educational agencies, and local edu14 cational agencies, and who are familiar with 

15 educational standards, assessments, account16 ability, the needs of low-performing schools, and 

17 other educational needs of students, and ensure 

18 that 75 percent of such appointees are practi19 tioners. 

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

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

22 of its submission; 

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

24 the Secretary demonstrates how the State plan 

25 fails to meet the requirements of this section and 


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1 immediately notifies the State of such determina2 tion and the reasons for such determination; 

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

4 before— 

5 ‘‘(i) offering the State an opportunity 

6 to revise its plan; 

7 ‘‘(ii) providing technical assistance in 

8 order to assist the State to meet the require9 ments of this section; and 

10 ‘‘(iii) providing a hearing; and 

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

12 State plan for not meeting the requirements of 

13 this subpart, but shall not have the authority to 

14 require a State, as a condition of approval of the 

15 State plan, to include in, or delete from, such 

16 plan one or more specific elements of the State’s 

17 academic standards or State accountability sys18 tem, or to use specific academic assessments or 

19 other indicators. 

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

21 revised by the State educational agency if it is nec22 essary to satisfy the requirements of this section. 

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

24 feedback, and notifications under this subsection shall 

25 be conducted in a manner that is immediately made 


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1 available to the public through the website of the De2 partment, including— 

3 ‘‘(A) peer review guidance; 

4 ‘‘(B) the names of the peer reviewers; 

5 ‘‘(C) State plans submitted or resubmitted 

6 by a State, including the current approved 

7 plans; 

8 ‘‘(D) peer review notes; 

9 ‘‘(E) State plan determinations by the Sec10 retary, including approvals or disapprovals, and 

11 any deviations from the peer reviewers’ rec12 ommendations with an explanation of the devi13 ation; and 

14 ‘‘(F) hearings. 

15 ‘‘(5) PROHIBITION.—The Secretary, and the Sec16 retary’s staff, may not attempt to participate in, or 

17 influence, the peer review process. No Federal em18 ployee may participate in, or attempt to influence the 

19 peer review process, except to respond to questions of 

20 a technical nature, which shall be publicly reported. 

21 ‘‘(f) DURATION OF THE PLAN.— 

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

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

24 State’s participation under this subpart; and 


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1 ‘‘(B) be periodically reviewed and revised as 

2 necessary by the State educational agency to re3 flect changes in the State’s strategies and pro4 grams under this subpart. 

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

6 makes significant changes to its State plan, such as 

7 the adoption of new State academic standards or new 

8 academic assessments, or adopts a new State account9 ability system, such information shall be submitted to 

10 the Secretary under subsection (e)(2) for approval. 

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

12 fails to meet any of the requirements of this section then 

13 the Secretary shall withhold funds for State administration 

14 under this subpart until the Secretary determines that the 

15 State has fulfilled those requirements. 

16 ‘‘(h) REPORTS.— 

17 ‘‘(1) ANNUAL STATE REPORT CARD.— 

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

19 assistance under this subpart shall prepare and 

20 disseminate an annual State report card. Such 

21 dissemination shall include, at a minimum, pub22 licly posting the report card on the home page of 

23 the State educational agency’s website. 

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

25 card shall be— 


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1 ‘‘(i) concise; and 

2 ‘‘(ii) presented in an understandable 

3 and uniform format that is developed in 

4 consultation with parents and, to the extent 

5 practicable, provided in a language that 

6 parents can understand. 

7 ‘‘(C) REQUIRED INFORMATION.—The State 

8 shall include in its annual State report card in9 formation on— 

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

11 aggregate and disaggregated by the cat12 egories of students described in subsection 

13 (b)(2)(B)(xii) (except that such 

14 disaggregation shall not be required in a 

15 case in which the number of students in a 

16 category is insufficient to yield statistically 

17 reliable information or the results would re18 veal personally identifiable information 

19 about an individual student), on the State 

20 academic assessments described in sub21 section (b)(2); 

22 ‘‘(ii) the participation rate on such as23 sessments, in the aggregate and 

24 disaggregated in accordance with clause (i); 


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

5 ‘‘(iv) for each public high school in the 

6 State, in the aggregate and disaggregated in 

7 accordance with clause (i)— 

8 ‘‘(I) the four-year adjusted cohort 

9 graduation rate, and 

10 ‘‘(II) if applicable, the extended11 year adjusted cohort graduation rate, 

12 reported separately for students grad13 uating in 5 years or less, students 

14 graduating in 6 years or less, and stu15 dents graduating in 7 or more years; 

16 ‘‘(v) each public school’s evaluation re17 sults as determined in accordance with sub18 section (b)(3)(B)(ii); 

19 ‘‘(vi) the acquisition of English pro20 ficiency by English learners; 

21 ‘‘(vii) the number and percentage of 

22 teachers in each category established under 

23 clause (iii) of section 2123(1)(A), except 

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1 sonally identifiable information about an 

2 individual teacher; and 

3 ‘‘(viii) the results of the assessments de4 scribed in subsection (c)(2). 

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

6 may include in its annual State report card 

7 such other information as the State believes will 

8 best provide parents, students, and other mem9 bers of the public with information regarding the 

10 progress of each of the State’s public elementary 

11 schools and public secondary schools. 

12 ‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY RE13 PORT CARDS.— 

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

15 agency that receives assistance under this sub16 part shall prepare and disseminate an annual 

17 local educational agency report card. 

18 ‘‘(B) MINIMUM REQUIREMENTS.—The State 

19 educational agency shall ensure that each local 

20 educational agency collects appropriate data and 

21 includes in the local educational agency’s annual 

22 report the information described in paragraph 

23 (1)(C) as applied to the local educational agency 

24 and each school served by the local educational 

25 agency, and— 


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

2 agency, information that shows how stu3 dents served by the local educational agency 

4 achieved on the statewide academic assess5 ment and other academic indicators adopt6 ed in accordance with subsection 

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

8 State as a whole; and 

9 ‘‘(ii) in the case of a school, the school’s 

10 evaluation under subsection (b)(3)(B)(ii). 

11 ‘‘(C) OTHER INFORMATION.—A local edu12 cational agency may include in its annual local 

13 educational agency report card any other appro14 priate information, whether or not such informa15 tion is included in the annual State report card. 

16 ‘‘(D) DATA.—A local educational agency or 

17 school shall only include in its annual local edu18 cational agency report card data that are suffi19 cient to yield statistically reliable information, 

20 as determined by the State, and that do not re21 veal personally identifiable information about an 

22 individual student. 

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

24 educational agency shall publicly disseminate the 

25 information described in this paragraph to all 


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1 schools served by the local educational agency 

2 and to all parents of students attending those 

3 schools in an understandable and uniform for4 mat, and, to the extent practicable, in a lan5 guage that parents can understand, and make 

6 the information widely available through public 

7 means, such as posting on the Internet, distribu8 tion to the media, and distribution through pub9 lic agencies, except that if a local educational 

10 agency issues a report card for all students, the 

11 local educational agency may include the infor12 mation under this section as part of such report. 

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

14 educational agency or local educational agency may 

15 use public report cards on the performance of stu16 dents, schools, local educational agencies, or the State, 

17 that were in effect prior to the enactment of the Stu18 dent Success Act for the purpose of this subsection, so 

19 long as any such report card is modified, as may be 

20 needed, to contain the information required by this 

21 subsection. 

22 ‘‘(4) PARENTS RIGHT-TO-KNOW.— 

23 ‘‘(A) ACHIEVEMENT INFORMATION.—At the 

24 beginning of each school year, a school that re25 ceives funds under this subpart shall provide to 


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1 each individual parent information on the level 

2 of achievement of the parent’s child in each of 

3 the State academic assessments and other aca4 demic indicators adopted in accordance with this 

5 subpart. 

6 ‘‘(B) FORMAT.—The notice and information 

7 provided to parents under this paragraph shall 

8 be in an understandable and uniform format 

9 and, to the extent practicable, provided in a lan10 guage that the parents can understand. 

11 ‘‘(i) PRIVACY.—Information collected under this sec12 tion shall be collected and disseminated in a manner that 

13 protects the privacy of individuals consistent with section 

14 444 of the General Education Provisions Act. 

15 ‘‘(j) VOLUNTARY PARTNERSHIPS.—A State may enter 

16 into a voluntary partnership with another State to develop 

17 and implement the academic standards and assessments re18 quired under this section, except that the Secretary shall 

19 not, either directly or indirectly, attempt to influence, 

20 incentivize, or coerce State— 

21 ‘‘(1) adoption of the Common Core State Stand22 ards developed under the Common Core State Stand23 ards Initiative, any other academic standards com24 mon to a significant number of States, or assessments 

25 tied to such standards; or 


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

2 ‘‘(k) CONSTRUCTION.—Nothing in this part shall be 

3 construed to prescribe the use of the academic assessments 

4 described in this part for student promotion or graduation 

5 purposes. 

6 ‘‘(l) SPECIAL RULE WITH RESPECT TO BUREAU7 FUNDED SCHOOLS.—In determining the assessments to be 

8 used by each school operated or funded by the Bureau of 

9 Indian Education receiving funds under this subpart, the 

10 following shall apply: 

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

12 State in which it is operating shall use the assess13 ments and other academic indicators the State has 

14 developed and implemented to meet the requirements 

15 of this section, or such other appropriate assessment 

16 and academic indicators as approved by the Sec17 retary of the Interior. 

18 ‘‘(2) Each such school that is accredited by a re19 gional accrediting organization shall adopt an appro20 priate assessment and other academic indicators, in 

21 consultation with and with the approval of, the Sec22 retary of the Interior and consistent with assessments 

23 and academic indicators adopted by other schools in 

24 the same State or region, that meet the requirements 

25 of this section. 


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

2 tribal accrediting agency or tribal division of edu3 cation shall use an assessment and other academic in4 dicators developed by such agency or division, except 

5 that the Secretary of the Interior shall ensure that 

6 such assessment and academic indicators meet the re7 quirements of this section.’’. 

8 SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS. 

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

10 follows: 

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

12 ‘‘(a) PLANS REQUIRED.— 

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

14 may receive a subgrant under this subpart for any 

15 fiscal year only if such agency has on file with the 

16 State educational agency a plan, approved by the 

17 State educational agency, that is coordinated with 

18 other programs under this Act, the Individuals with 

19 Disabilities Education Act, the Carl D. Perkins Ca20 reer and Technical Education Act of 2006, the 

21 McKinney-Vento Homeless Assistance Act, and other 

22 Acts, as appropriate. 

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

24 may be submitted as part of a consolidated applica25 tion under section 5305. 


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1 ‘‘(b) PLAN PROVISIONS.—Each local educational agen2 cy plan shall describe— 

3 ‘‘(1) how the local educational agency will mon4 itor, in addition to the State assessments described in 

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

6 State’s academic standards; 

7 ‘‘(2) how the local educational agency will iden8 tify quickly and effectively those students who may be 

9 at risk of failing to meet the State’s academic stand10 ards; 

11 ‘‘(3) how the local educational agency will pro12 vide additional educational assistance to individual 

13 students in need of additional help in meeting the 

14 State’s academic standards; 

15 ‘‘(4) how the local educational agency will im16 plement the school improvement system described in 

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

18 schools identified under such section; 

19 ‘‘(5) how the local educational agency will co20 ordinate programs under this subpart with other pro21 grams under this Act and other Acts, as appropriate; 

22 ‘‘(6) the poverty criteria that will be used to se23 lect school attendance areas under section 1113; 

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

25 administrators, and specialized instructional support 


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1 personnel, in targeted assistance schools under section 

2 1115, will identify the eligible children most in need 

3 of services under this subpart; 

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

5 conducted by the local educational agency’s schools 

6 under sections 1114 and 1115, and, where appro7 priate, educational services outside such schools for 

8 children living in local institutions for neglected and 

9 delinquent children, and for neglected and delinquent 

10 children in community day school programs; 

11 ‘‘(9) how the local educational agency will ensure 

12 that migratory children who are eligible to receive 

13 services under this subpart are selected to receive such 

14 services on the same basis as other children who are 

15 selected to receive services under this subpart; 

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

17 will provide homeless children, including services pro18 vided with funds reserved under section 

19 1113(c)(3)(A); 

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

21 will use to implement effective parental involvement 

22 under section 1118; 

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

24 agency will use funds under this subpart to support 

25 preschool programs for children, particularly children 


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1 participating in a Head Start program, which serv2 ices may be provided directly by the local educational 

3 agency or through a subcontract with the local Head 

4 Start agency designated by the Secretary of Health 

5 and Human Services under section 641 of the Head 

6 Start Act, or another comparable early childhood de7 velopment program; 

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

9 incentives for voluntary transfers, the provision of 

10 professional development, recruitment programs, in11 centive pay, performance pay, or other effective strate12 gies, will address disparities in the rates of low-in13 come and minority students and other students being 

14 taught by ineffective teachers; 

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

16 agency will use funds under this subpart to support 

17 programs that coordinate and integrate— 

18 ‘‘(A) career and technical education aligned 

19 with State technical standards that promote 

20 skills attainment important to in-demand occu21 pations or industries in the State and the State’s 

22 academic standards under section 1111(b)(1); 

23 and 


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1 ‘‘(B) work-based learning opportunities that 

2 provide students in-depth interaction with in3 dustry professionals; and 

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

5 agency will use funds under this subpart to support 

6 dual enrollment programs and early college high 

7 schools. 

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

9 plan shall provide assurances that the local educational 

10 agency will— 

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

12 academic assessments of 4th and 8th grade reading 

13 and mathematics under the National Assessment of 

14 Educational Progress carried out under section 

15 303(b)(2) of the National Assessment of Educational 

16 Progress Authorization Act; 

17 ‘‘(2) inform schools of schoolwide program au18 thority and the ability to consolidate funds from Fed19 eral, State, and local sources; 

20 ‘‘(3) provide technical assistance to schoolwide 

21 programs; 

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1 ful consultation with private school officials or rep2 resentatives regarding such services; 

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

4 that chooses to use funds under this subpart to pro5 vide early childhood development services to low-in6 come children below the age of compulsory school at7 tendance, ensure that such services comply with the 

8 performance standards established under section 

9 641A(a) of the Head Start Act; 

10 ‘‘(6) inform eligible schools of the local edu11 cational agency’s authority to request waivers on the 

12 school’s behalf under Title V; and 

13 ‘‘(7) ensure that the results of the academic as14 sessments required under section 1111(b)(2) will be 

15 provided to parents and teachers as soon as is prac16 ticably possible after the test is taken, in an under17 standable and uniform format and, to the extent 

18 practicable, provided in a language that the parents 

19 can understand. 

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

21 (c)(5), the Secretary shall— 

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

23 Human Services and shall establish procedures (tak24 ing into consideration existing State and local laws, 


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1 and local teacher contracts) to assist local educational 

2 agencies to comply with such subparagraph; and 

3 ‘‘(2) disseminate to local educational agencies the 

4 education performance standards in effect under sec5 tion 641A(a)(1)(B) of the Head Start Act, and such 

6 agencies affected by such subsection shall plan for the 

7 implementation of such subsection (taking into con8 sideration existing State and local laws, and local 

9 teacher contracts). 

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

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

12 agency plan shall be developed in consultation with 

13 teachers, school leaders, public charter school rep14 resentatives, administrators, and other appropriate 

15 school personnel, and with parents of children in 

16 schools served under this subpart. 

17 ‘‘(2) DURATION.—Each such plan shall be sub18 mitted for the first year for which this part is in ef19 fect following the date of enactment of this Act and 

20 shall remain in effect for the duration of the agency’s 

21 participation under this subpart. 

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

23 shall periodically review and, as necessary, revise its 

24 plan. 

25 ‘‘(f) STATE APPROVAL.— 


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1 ‘‘(1) IN GENERAL.—Each local educational agen2 cy plan shall be filed according to a schedule estab3 lished by the State educational agency. 

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

5 shall approve a local educational agency’s plan only 

6 if the State educational agency determines that the 

7 local educational agency’s plan— 

8 ‘‘(A) enables schools served under this sub9 part to substantially help children served under 

10 this subpart to meet the State’s academic stand11 ards described in section 1111(b)(1); and 

12 ‘‘(B) meets the requirements of this section. 

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

14 shall review the local educational agency’s plan to de15 termine if such agency’s activities are in accordance 

16 with section 1118. 

17 ‘‘(g) PARENTAL NOTIFICATION.— 

18 ‘‘(1) IN GENERAL.—Each local educational agen19 cy using funds under this subpart and subpart 4 to 

20 provide a language instruction educational program 

21 shall, not later than 30 days after the beginning of 

22 the school year, inform parents of an English learner 

23 identified for participation, or participating in, such 

24 a program of— 


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

2 their child as an English learner and in need of 

3 placement in a language instruction educational 

4 program; 

5 ‘‘(B) the child’s level of English proficiency, 

6 how such level was assessed, and the status of the 

7 child’s academic achievement; 

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

9 program in which their child is, or will be par10 ticipating, and the methods of instruction used 

11 in other available programs, including how such 

12 programs differ in content, instructional goals, 

13 and the use of English and a native language in 

14 instruction; 

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

16 is, or will be participating, will meet the edu17 cational strengths and needs of their child; 

18 ‘‘(E) how such program will specifically 

19 help their child learn English, and meet age-ap20 propriate academic achievement standards for 

21 grade promotion and graduation; 

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

23 program, including the expected rate of transi24 tion from such program into classrooms that are 

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1 pected rate of graduation from high school for 

2 such program if funds under this subpart are 

3 used for children in secondary schools; 

4 ‘‘(G) in the case of a child with a disability, 

5 how such program meets the objectives of the in6 dividualized education program of the child; and 

7 ‘‘(H) information pertaining to parental 

8 rights that includes written guidance— 

9 ‘‘(i) detailing— 

10 ‘‘(I) the right that parents have to 

11 have their child immediately removed 

12 from such program upon their request; 

13 and 

14 ‘‘(II) the options that parents 

15 have to decline to enroll their child in 

16 such program or to choose another pro17 gram or method of instruction, if 

18 available; and 

19 ‘‘(ii) assisting parents in selecting 

20 among various programs and methods of 

21 instruction, if more than one program or 

22 method is offered by the eligible entity. 

23 ‘‘(2) NOTICE.—The notice and information pro24 vided in paragraph (1) to parents of a child identi25 fied for participation in a language instruction eduVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 cational program for English learners shall be in an 

2 understandable and uniform format and, to the extent 

3 practicable, provided in a language that the parents 

4 can understand. 

5 ‘‘(3) SPECIAL RULE APPLICABLE DURING THE

6 SCHOOL YEAR.—For those children who have not been 

7 identified as English learners prior to the beginning 

8 of the school year the local educational agency shall 

9 notify parents within the first 2 weeks of the child 

10 being placed in a language instruction educational 

11 program consistent with paragraphs (1) and (2). 

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

13 educational agency receiving funds under this subpart 

14 shall implement an effective means of outreach to par15 ents of English learners to inform the parents regard16 ing how the parents can be involved in the education 

17 of their children, and be active participants in assist18 ing their children to attain English proficiency, 

19 achieve at high levels in core academic subjects, and 

20 meet the State’s academic standards expected of all 

21 students, including holding, and sending notice of op22 portunities for, regular meetings for the purpose of 

23 formulating and responding to recommendations from 

24 parents of students assisted under this subpart. 


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

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

3 any federally assisted education program on the basis 

4 of a surname or language-minority status.’’. 

5 SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

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

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

8 inserting ‘‘subpart’’; and 

9 (2) in subsection (c)(4)— 

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

11 ‘‘chapter B’’; and 

12 (B) by striking ‘‘school improvement, cor13 rective action, and restructuring under section 

14 1116(b)’’ and inserting ‘‘school improvement 

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

16 SEC. 115. SCHOOLWIDE PROGRAMS. 

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

18 (1) in subsection (a)— 

19 (A) in paragraph (1)— 

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

21 ‘‘subpart’’; and 

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

23 ‘‘such families’’; 

24 (B) in paragraph (2)— 


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

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

3 (ii) in subparagraph (B)— 

4 (I) by striking ‘‘children with 

5 limited English proficiency’’ and in6 serting ‘‘English learners’’; and 

7 (II) by striking ‘‘part’’ and in8 serting ‘‘subpart’’; 

9 (C) in paragraph (3)(B), by striking 

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

11 children,’’; and 

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

13 (2) in subsection (b)— 

14 (A) in paragraph (1)— 

15 (i) in subparagraph (A)— 

16 (I) by striking ‘‘(including’’ and 

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

18 and 

19 (II) by striking ‘‘content stand20 ards and the State student academic 

21 achievement standards’’ and inserting 

22 ‘‘standards’’; 

23 (ii) in subparagraph (B)— 

24 (I) in clause (i), by striking ‘‘pro25 ficient’’ and all that follows through 


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

2 ‘‘academic standards described in sec3 tion 1111(b)(1)’’; 

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

5 preceding subclause (I), by striking 

6 ‘‘based on scientifically based research’’ 

7 and inserting ‘‘evidence-based’’; 

8 (III) in clause (iii)— 

9 (aa) in subclause (I)— 

10 (AA) by striking ‘‘stu11 dent academic achievement 

12 standards’’ and inserting 

13 ‘‘academic standards’’; and 

14 (BB) by striking 

15 ‘‘schoolwide program,’’ and 

16 all that follows through 

17 ‘‘technical education pro18 grams; and’’ and inserting 

19 ‘‘schoolwide programs; and’’; 

20 and 

21 (bb) in subclause (II), by 

22 striking ‘‘and’’; 

23 (IV) in clause (iv)— 

24 (aa) by striking ‘‘the State 

25 and local improvement plans’’ 


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1 and inserting ‘‘school improve2 ment strategies’’; and 

3 (bb) by striking the period 

4 and inserting ‘‘; and’’; and 

5 (V) by adding at the end the fol6 lowing new clause: 

7 ‘‘(v) may be delivered by nonprofit or 

8 for-profit external providers with expertise 

9 in using evidence-based or other effective 

10 strategies to improve student achievement.’’; 

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

12 ‘‘highly qualified’’ and inserting ‘‘effective’’; 

13 (iv) in subparagraph (D)— 

14 (I) by striking ‘‘In accordance 

15 with section 1119 and subsection 

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

17 ‘‘High-quality’’; 

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

19 and inserting ‘‘specialized instruc20 tional support services’’; and 

21 (III) by striking ‘‘student aca22 demic achievement’’ and inserting 

23 ‘‘academic’’; 


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

2 ‘‘high-quality highly qualified’’ and insert3 ing ‘‘effective’’; 

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

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

6 Reading First, or a State-run preschool 

7 program,’’; 

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

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

10 1111(b)(2)’’; 

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

12 ‘‘proficient or advanced levels of academic 

13 achievement standards’’ and inserting 

14 ‘‘State academic standards’’; and 

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

16 ‘‘vocational’’ and inserting ‘‘career’’; and 

17 (B) in paragraph (2)— 

18 (i) in subparagraph (A)— 

19 (I) in the matter preceding clause 

20 (i)— 

21 (aa) by striking ‘‘first de22 velop’’ and all that follows 

23 through ‘‘2001)’’ and inserting 

24 ‘‘have in place’’; and 


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1 (bb) by striking ‘‘and its 

2 school support team or other tech3 nical assistance provider under 

4 section 1117’’; 

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

6 ‘‘part’’ and inserting ‘‘subpart’’; and 

7 (III) in clause (iv), by striking 

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

9 ‘‘section 1111(b)(2)’’; and 

10 (ii) in subparagraph (B)— 

11 (I) in clause (i)— 

12 (aa) in subclause (I), by 

13 striking ‘‘, after considering the 

14 recommendation of the technical 

15 assistance providers under section 

16 1117,’’; and 

17 (bb) in subclause (II), by 

18 striking ‘‘No Child Left Behind 

19 Act of 2001’’ and inserting ‘‘Stu20 dent Success Act’’; 

21 (II) in clause (ii)— 

22 (aa) by striking ‘‘(including 

23 administrators of programs de24 scribed in other parts of this 

25 title)’’; and 


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1 (bb) by striking ‘‘pupil serv2 ices’’ and inserting ‘‘specialized 

3 instructional support services’’; 

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

5 ‘‘part’’ and inserting ‘‘subpart’’; and 

6 (IV) in clause (v), by striking 

7 ‘‘Reading First, Early Reading First, 

8 Even Start,’’; and 

9 (3) in subsection (c)— 

10 (A) by striking ‘‘part’’ and inserting ‘‘sub11 part’’; and 

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

13 through the period at the end and inserting ‘‘6.’’. 

14 SEC. 116. TARGETED ASSISTANCE SCHOOLS. 

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

16 (1) in subsection (a)— 

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

18 schoolwide program under section 1114, or that’’; 

19 (B) by striking ‘‘operate such’’ and insert20 ing ‘‘operate’’; and 

21 (C) by striking ‘‘part’’ and inserting ‘‘sub22 part’’; 

23 (2) in subsection (b)— 


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1 (A) in paragraph (1)(B), by striking ‘‘chal2 lenging student academic achievement’’ and in3 serting ‘‘academic’’; 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘limited English 

7 proficient children’’ and inserting 

8 ‘‘English learners’’; and 

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

10 it appears and inserting ‘‘subpart’’; 

11 (ii) in subparagraph (B)— 

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

13 EVEN START, OR EARLY READING

14 FIRST’’; 

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

16 Early Reading First’’; and 

17 (III) by striking ‘‘part’’ and in18 serting ‘‘subpart’’; 

19 (iii) in subparagraph (C)— 

20 (I) by amending the heading to 

21 read as follows: ‘‘SUBPART 3 CHIL22 DREN.—’’; 

23 (II) by striking ‘‘part C’’ and in24 serting ‘‘subpart 3’’; and 


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1 (III) by striking ‘‘part’’ and in2 serting ‘‘subpart’’; 

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

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

5 inserting ‘‘subpart’’; 

6 (C) in paragraph (3), by striking ‘‘part’’ 

7 and inserting ‘‘subpart’’; 

8 (3) in subsection (c)— 

9 (A) in paragraph (1)— 

10 (i) in the matter preceding subpara11 graph (A)— 

12 (I) by striking ‘‘part’’ and insert13 ing ‘‘subpart’’; and 

14 (II) by striking ‘‘challenging stu15 dent academic achievement’’ and in16 serting ‘‘academic’’; 

17 (ii) in subparagraph (A)— 

18 (I) by striking ‘‘part’’ and insert19 ing ‘‘subpart’’; and 

20 (II) by striking ‘‘challenging stu21 dent academic achievement’’ and in22 serting ‘‘academic’’; 

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

24 ‘‘part’’ and inserting ‘‘subpart’’; 

25 (iv) in subparagraph (C)— 


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1 (I) in the matter preceding clause 

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

3 based research’’ and inserting ‘‘evi4 dence-based’’; and 

5 (II) in clause (iii), by striking 

6 ‘‘part’’ and inserting ‘‘subpart’’; 

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

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

9 Reading First or State-run preschool pro10 grams’’; 

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

12 ‘‘highly qualified’’ and inserting ‘‘effective’’; 

13 (vii) in subparagraph (F)— 

14 (I) by striking ‘‘in accordance 

15 with subsection (e)(3) and section 

16 1119,’’; 

17 (II) by striking ‘‘part’’ and in18 serting ‘‘subpart’’; and 

19 (III) by striking ‘‘pupil services 

20 personnel’’ and inserting ‘‘specialized 

21 instructional support personnel’’; and 

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

23 ‘‘vocational’’ and inserting ‘‘career’’; and 

24 (B) in paragraph (2)— 


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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘proficient and ad3 vanced levels of achievement’’ and inserting 

4 ‘‘academic standards’’; 

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

6 ‘‘part’’ and inserting ‘‘subpart’’; and 

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

8 ‘‘challenging student academic achievement’’ 

9 and inserting ‘‘academic’’; 

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

11 paragraph (1), by striking ‘‘part’’ each place it ap12 pears and inserting ‘‘subpart’’; 

13 (5) in subsection (e)— 

14 (A) in paragraph (2)(B)— 

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

16 by striking ‘‘part’’ and inserting ‘‘subpart’’; 

17 and 

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

19 services’’ and inserting ‘‘specialized instruc20 tional support services’’; and 

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

22 (6) by adding at the end the following new sub23 section: 

24 ‘‘(f) DELIVERY OF SERVICES.—The elements of a tar25 geted assistance program under this section may be delivVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 ered by nonprofit or for-profit external providers with ex2 pertise in using evidence-based or other effective strategies 

3 to improve student achievement.’’. 

4 SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDU5 CATIONAL AGENCY AND SCHOOL IMPROVE6 MENT; SCHOOL SUPPORT AND RECOGNITION. 

7 The Act is amended by repealing sections 1116 and 

8 1117 (20 U.S.C. 6316; 6317). 

9 SEC. 118. PARENTAL INVOLVEMENT. 

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

11 (1) by striking ‘‘part’’ each place such term ap12 pears and inserting ‘‘subpart’’; 

13 (2) in subsection (a)— 

14 (A) in paragraph (2)— 

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

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

17 and 

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

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

20 ‘‘preschool programs’’; and 

21 (B) in paragraph (3)(A), by striking ‘‘sub22 part 2 of this part’’ each place it appears and 

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

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

25 follows: 


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

2 curriculum in use at the school and the forms of 

3 academic assessment used to measure student 

4 progress; and’’; 

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

6 academic achievement’’ and inserting ‘‘academic’’; 

7 (5) in subsection (e)— 

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

9 academic content standards and State student 

10 academic achievement standards’’ and inserting 

11 ‘‘State’s academic standards’’; 

12 (B) in paragraph (3)— 

13 (i) by striking ‘‘pupil services per14 sonnel,’’ and inserting ‘‘specialized instruc15 tional support personnel,’’; and 

16 (ii) by striking ‘‘principals,’’ and in17 serting ‘‘school leaders,’’; and 

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

19 Start, Reading First, Early Reading First, Even 

20 Start, the Home Instruction Programs for Pre21 school Youngsters, the Parents as Teachers Pro22 gram, and public preschool and other’’ and in23 serting ‘‘other Federal, State, and local’’; and 

24 (6) by amending subsection (g) to read as fol25 lows: 


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1 ‘‘(g) FAMILY ENGAGEMENT IN EDUCATION PRO2 GRAMS.—In a State operating a program under subpart 

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

4 school that receives assistance under this subpart shall in5 form such parents and organizations of the existence of such 

6 programs.’’. 

7 SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARA8 PROFESSIONALS. 

9 The Act is amended by repealing section 1119 (20 

10 U.S.C. 6319). 

11 SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRI12 VATE SCHOOLS. 

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

14 follows: 

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

16 PRIVATE SCHOOLS. 

17 ‘‘(a) GENERAL REQUIREMENT.— 

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

19 the number of eligible children identified under sec20 tion 1115(b) in the school district served by a local 

21 educational agency who are enrolled in private ele22 mentary schools and secondary schools, a local edu23 cational agency shall— 

24 ‘‘(A) after timely and meaningful consulta25 tion with appropriate private school officials or 


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1 representatives, provide such service, on an equi2 table basis and individually or in combination, 

3 as requested by the officials or representatives to 

4 best meet the needs of such children, special edu5 cational services, instructional services, coun6 seling, mentoring, one-on-one tutoring, or other 

7 benefits under this subpart (such as dual enroll8 ment, educational radio and television, computer 

9 equipment and materials, other technology, and 

10 mobile educational services and equipment) that 

11 address their needs; and 

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

13 the children participate, on an equitable basis, 

14 in services and activities developed pursuant to 

15 this subpart. 

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

17 Such educational services or other benefits, including 

18 materials and equipment, shall be secular, neutral, 

19 and nonideological. 

20 ‘‘(3) EQUITY.— 

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

22 and other benefits for such private school chil23 dren shall be equitable in comparison to services 

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1 ticipating under this subpart, and shall be pro2 vided in a timely manner. 

3 ‘‘(B) OMBUDSMAN.—To help ensure such eq4 uity for such private school children, teachers, 

5 and other educational personnel, the State edu6 cational agency involved shall designate an om7 budsman to monitor and enforce the require8 ments of this subpart. 

9 ‘‘(4) EXPENDITURES.— 

10 ‘‘(A) IN GENERAL.—Expenditures for edu11 cational services and other benefits to eligible 

12 private school children shall be equal to the ex13 penditures for participating public school chil14 dren, taking into account the number, and edu15 cational needs, of the children to be served. The 

16 share of funds shall be determined based on the 

17 total allocation received by the local educational 

18 agency prior to any allowable expenditures au19 thorized under this title. 

20 ‘‘(B) OBLIGATION OF FUNDS.—Funds allo21 cated to a local educational agency for edu22 cational services and other benefits to eligible 

23 private school children shall— 


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

2 which the funds are received by the agency; 

3 and 

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

5 that cannot be so obligated, be used to serve 

6 such children in the following fiscal year. 

7 ‘‘(C) NOTICE OF ALLOCATION.—Each State 

8 educational agency shall— 

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

10 the proportion of funds to be allocated to 

11 each local educational agency in the State 

12 for educational services and other benefits 

13 under this subpart to eligible private school 

14 children; and 

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

16 each such local educational agency and the 

17 appropriate private school officials or their 

18 representatives in the State of such alloca19 tion of funds. 

20 ‘‘(5) PROVISION OF SERVICES.—The local edu21 cational agency or, in a case described in subsection 

22 (b)(6)(C), the State educational agency involved, may 

23 provide services under this section directly or through 

24 contracts with public or private agencies, organiza25 tions, and institutions. 


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1 ‘‘(b) CONSULTATION.— 

2 ‘‘(1) IN GENERAL.—To ensure timely and mean3 ingful consultation, a local educational agency shall 

4 consult with appropriate private school officials or 

5 representatives during the design and development of 

6 such agency’s programs under this subpart in order 

7 to reach an agreement between the agency and the of8 ficials or representatives about equitable and effective 

9 programs for eligible private school children, the re10 sults of which shall be transmitted to the designated 

11 ombudsmen under section 1120(a)(3)(B). Such proc12 ess shall include consultation on issues such as— 

13 ‘‘(A) how the children’s needs will be identi14 fied; 

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

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

17 will be provided; 

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

19 assessed and how the results of that assessment 

20 will be used to improve those services; 

21 ‘‘(E) the size and scope of the equitable serv22 ices to be provided to the eligible private school 

23 children, and the proportion of funds that is al24 located under subsection (a)(4)(A) for such serv25 ices, how that proportion of funds is determined 


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1 under such subsection, and an itemization of the 

2 costs of the services to be provided; 

3 ‘‘(F) the method or sources of data that are 

4 used under subsection (c) and section 1113(c)(1) 

5 to determine the number of children from low-in6 come families in participating school attendance 

7 areas who attend private schools; 

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

9 decisions about the delivery of services to such 

10 children, including a thorough consideration and 

11 analysis of the views of the private school offi12 cials or representatives on the provision of serv13 ices through a contract with potential third14 party providers; 

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

16 views of the private school officials or representa17 tives on the provision of services through a con18 tract, the local educational agency will provide 

19 in writing to such private school officials an 

20 analysis of the reasons why the local educational 

21 agency has chosen not to use a contractor; 

22 ‘‘(I) whether the agency will provide serv23 ices under this section directly or through con24 tracts with public and private agencies, organi25 zations, and institutions; 


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1 ‘‘(J) whether to provide equitable services to 

2 eligible private school children— 

3 ‘‘(i) by creating a pool or pools of 

4 funds with all of the funds allocated under 

5 paragraph (4) based on all the children 

6 from low-income families who attend pri7 vate schools in a participating school at8 tendance area of the agency from which the 

9 local educational agency will provide such 

10 services to all such children; or 

11 ‘‘(ii) by providing such services to eli12 gible children in each private school in the 

13 agency’s participating school attendance 

14 area with the proportion of funds allocated 

15 under paragraph (4) based on the number 

16 of children from low-income families who 

17 attend such school; and 

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

19 under this subpart to provide schoolwide pro20 grams for a private school. 

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

22 agency disagrees with the views of private school offi23 cials or representatives with respect to an issue de24 scribed in paragraph (1), the local educational agency 

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1 cials an analysis of the reasons why the local edu2 cational agency has chosen not to adopt the course of 

3 action requested by such officials. 

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

5 meetings of agency and private school officials or rep6 resentatives and shall occur before the local edu7 cational agency makes any decision that affects the 

8 opportunities of eligible private school children to 

9 participate in programs under this subpart. Such 

10 meetings shall continue throughout implementation 

11 and assessment of services provided under this section. 

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 to 

24 indicate that timely and meaningful consultation has 

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1 table with respect to eligible private school children. 

2 If such officials or representatives do not provide such 

3 affirmation within a reasonable period of time, the 

4 local educational agency shall forward the documenta5 tion that such consultation has, or attempts at such 

6 consultation have, taken place to the State edu7 cational agency. 

8 ‘‘(6) COMPLIANCE.— 

9 ‘‘(A) IN GENERAL.—A private school official 

10 shall have the right to file a complaint with the 

11 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 school 

16 or its students equitably as required by this sec17 tion. 

18 ‘‘(B) PROCEDURE.—If the private school of19 ficial wishes to file a complaint, the official shall 

20 provide the basis of the noncompliance with this 

21 section by the local educational agency to the 

22 State educational agency, and the local edu23 cational agency shall forward the appropriate 

24 documentation to the State educational 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 offi7 cials or their representatives have— 

8 ‘‘(I) requested that the State edu9 cational agency provide such services 

10 directly; and 

11 ‘‘(II) demonstrated that the local 

12 educational agency involved has not 

13 met the requirements of this section; or 

14 ‘‘(ii) in a case in which— 

15 ‘‘(I) a local educational agency 

16 has more than 10,000 children from 

17 low-income families who attend private 

18 elementary schools or secondary schools 

19 in a participating school attendance 

20 area of the agency that are not being 

21 served by the agency’s program under 

22 this section; or 

23 ‘‘(II) 90 percent of the eligible 

24 private school students in a partici25 pating school attendance area of the 


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1 agency are not being served by the 

2 agency’s program under this section. 

3 ‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRI4 VATE SCHOOL STUDENTS.— 

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

6 shall have the final authority, consistent with this sec7 tion, to calculate the number of children, ages 5 

8 through 17, who are from low-income families and at9 tend private schools by— 

10 ‘‘(A) using the same measure of low income 

11 used to count public school children; 

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

13 the extent possible, protects the identity of fami14 lies of private school students, and allowing such 

15 survey results to be extrapolated if complete ac16 tual data are unavailable; 

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

18 each participating public school attendance area, 

19 determined pursuant to this section, to the num20 ber of private school children who reside in that 

21 school attendance area; or 

22 ‘‘(D) using an equated measure of low in23 come correlated with the measure of low income 

24 used to count public school children. 


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1 ‘‘(2) COMPLAINT PROCESS.—Any dispute regard2 ing low-income data for private school students shall 

3 be subject to the complaint process authorized in sec4 tion 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 public 

18 agency with an individual, association, 

19 agency, or organization. 

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

21 such services, such employee, individual, associa22 tion, agency, or organization shall be inde23 pendent of such private school and of any reli24 gious organization, and such employment or conVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 tract shall be under the control and supervision 

2 of such public agency. 

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

5 participation in programs on an equitable basis of eligible 

6 children enrolled in private elementary schools and sec7 ondary schools, or if the Secretary determines that a local 

8 educational agency has substantially failed or is unwilling 

9 to provide for such participation, as required by this sec10 tion, 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 such 

14 children through arrangements that shall be subject to 

15 the requirements of this section and sections 5503 and 

16 5504; and 

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

18 subsection, consider one or more factors, including the 

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

20 the opportunity of eligible children to participate.’’. 

21 SEC. 121. FISCAL REQUIREMENTS. 

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

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

24 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 strik15 ing ‘‘such as the Early Reading First program’’ 

16 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 pe12 riod 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 this 

4 chapter. 

5 ‘‘(2) ALLOCATION FORMULA.—Of the amount re6 served 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 year 

11 2001 shall be used to carry out section 1124; 

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

13 available to carry out section 1124A for fiscal 

14 year 2001 shall be used to carry out section 

15 1124A; and 

16 ‘‘(C) an amount equal to 100 percent of the 

17 amount, if any, by which the total amount made 

18 available to carry out this chapter for the fiscal 

19 year for which the determination is made exceeds 

20 the total amount available to carry out sections 

21 1124 and 1124A for fiscal year 2001 shall be 

22 used to carry out sections 1125 and 1125A and 

23 such amount shall be divided equally between 

24 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’’; and 

16 (B) in paragraph (4)(C), by striking ‘‘sub17 part’’ each place it appears and inserting ‘‘chap18 ter’’; and 

19 (2) in subsection (c)— 

20 (A) in paragraph (1)(B), by striking ‘‘sub21 part 1 of part D’’ and inserting ‘‘chapter A of 

22 subpart 3’’; and 

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

24 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 read 

5 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 allocated 

10 in any fiscal year after fiscal year 2001 for programs and 

11 activities under this subpart shall not exceed the amount 

12 allocated in fiscal year 2001 for such programs and activi13 ties unless the amount available for targeted grants to local 

14 educational agencies under section 1125 in the applicable 

15 fiscal year meets the requirements of section 1122(a).’’. 

16 SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PRO17 GRAM. 

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

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

20 inserting ‘‘subpart’’; 

21 (2) in subsection (b)(1)— 

22 (A) in subparagraph (A), by striking ‘‘ap23 propriated pursuant to subsection (f)’’ and in24 serting ‘‘made available for any fiscal year to 

25 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 sub7 sections (a), (b), (c), and (d), respectively; and 

8 (4) in subsection (b), as redesignated, by redesig9 nating subparagraphs (A) and (B) as paragraphs (1) 

10 and (2), respectively. 

11 SEC. 128. CARRYOVER AND WAIVER. 

12 Section 1127 (20 U.S.C. 6339) is amended by striking 

13 ‘‘subpart’’ each place it appears and inserting ‘‘chapter’’. 

14 Subtitle C—Additional Aid to 

15 States and School Districts 

16 SEC. 131. ADDITIONAL AID. 

17 (a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.), 

18 as amended by the preceding provisions of this Act, is fur19 ther amended— 

20 (1) by striking parts B through D and F through 

21 H; and 

22 (2) by inserting after subpart 1 of part A the fol23 lowing: 


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1 ‘‘Subpart 2—Education of Migratory Children 

2 ‘‘SEC. 1131. PROGRAM PURPOSES. 

3 ‘‘The purposes of this subpart are as follows: 

4 ‘‘(1) To assist States in supporting high-quality 

5 and comprehensive educational programs and services 

6 during the school year, and as applicable, during 

7 summer or intercession periods, that address the 

8 unique educational needs of migratory children. 

9 ‘‘(2) To ensure that migratory children who 

10 move among the States, not be penalized in any man11 ner by disparities among the States in curriculum, 

12 graduation requirements, and State academic stand13 ards. 

14 ‘‘(3) To help such children succeed in school, 

15 meet the State academic standards that all children 

16 are expected to meet, and graduate from high school 

17 prepared for postsecondary education and the work18 force without the need for remediation. 

19 ‘‘(4) To help such children overcome educational 

20 disruption, cultural and language barriers, social iso21 lation, various health-related problems, and other fac22 tors that inhibit the ability of such children to succeed 

23 in school. 

24 ‘‘(5) To help such children benefit from State 

25 and local systemic reforms. 


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1 ‘‘SEC. 1132. PROGRAM AUTHORIZED. 

2 ‘‘(a) IN GENERAL.—From the amounts appropriated 

3 under section 3(a)(1), the Secretary shall reserve 2.37 per4 cent to carry out this subpart. 

5 ‘‘(b) GRANTS AWARDED.—From the amounts reserved 

6 under subsection (a) and not reserved under section 1138(c), 

7 the Secretary shall make allotments for the fiscal year to 

8 State educational agencies, or consortia of such agencies, 

9 to establish or improve, directly or through local operating 

10 agencies, programs of education for migratory children in 

11 accordance with this subpart. 

12 ‘‘SEC. 1133. STATE ALLOCATIONS. 

13 ‘‘(a) STATE ALLOCATIONS.—Except as provided in 

14 subsection (c), each State (other than the Commonwealth 

15 of Puerto Rico) is entitled to receive under this subpart an 

16 amount equal to the product of— 

17 ‘‘(1) the sum of— 

18 ‘‘(A) the average number of identified eligi19 ble full-time equivalent migratory children aged 

20 3 through 21 residing in the State, based on data 

21 for the preceding 3 years; and 

22 ‘‘(B) the number of identified eligible mi23 gratory children, aged 3 through 21, who re24 ceived services under this subpart in summer or 

25 intersession programs provided by the State dur26 ing the previous year; multiplied by 


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1 ‘‘(2) 40 percent of the average per-pupil expendi2 ture in the State, except that the amount determined 

3 under this paragraph shall not be less than 32 per4 cent, nor more than 48 percent, of the average per5 pupil expenditure in the United States. 

6 ‘‘(b) HOLD HARMLESS.—Notwithstanding subsection 

7 (a), for each of fiscal years 2014 through 2016, no State 

8 shall receive less than 90 percent of the State’s allocation 

9 under this section for the previous year. 

10 ‘‘(c) ALLOCATION TO PUERTO RICO.—For each fiscal 

11 year, the grant which the Commonwealth of Puerto Rico 

12 shall be eligible to receive under this subpart shall be the 

13 amount determined by multiplying the number of children 

14 who would be counted under subsection (a)(1) if such sub15 section applied to the Commonwealth of Puerto Rico by the 

16 product of— 

17 ‘‘(1) the percentage that the average per-pupil 

18 expenditure in the Commonwealth of Puerto Rico is 

19 of the lowest average per-pupil expenditure of any of 

20 the 50 States, except that the percentage calculated 

21 under this subparagraph shall not be less than 85 

22 percent; and 

23 ‘‘(2) 32 percent of the average per-pupil expendi24 ture in the United States. 

25 ‘‘(d) RATABLE REDUCTIONS; REALLOCATIONS.— 


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1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) RATABLE REDUCTIONS.—If, after the 

3 Secretary reserves funds under section 1138(c), 

4 the amount appropriated to carry out this sub5 part for any fiscal year is insufficient to pay in 

6 full the amounts for which all States are eligible, 

7 the Secretary shall ratably reduce each such 

8 amount. 

9 ‘‘(B) REALLOCATION.—If additional funds 

10 become available for making such payments for 

11 any fiscal year, the Secretary shall allocate such 

12 funds to States in amounts that the Secretary 

13 determines will best carry out the purpose of this 

14 subpart. 

15 ‘‘(2) SPECIAL RULE.— 

16 ‘‘(A) FURTHER REDUCTIONS.—The Sec17 retary shall further reduce the amount of any 

18 grant to a State under this subpart for any fis19 cal year if the Secretary determines, based on 

20 available information on the numbers and needs 

21 of migratory children in the State and the pro22 gram proposed by the State to address such 

23 needs, that such amount exceeds the amount re24 quired under section 1134. 


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1 ‘‘(B) REALLOCATION.—The Secretary shall 

2 reallocate such excess funds to other States whose 

3 grants under this subpart would otherwise be in4 sufficient to provide an appropriate level of serv5 ices to migratory children, in such amounts as 

6 the Secretary determines are appropriate. 

7 ‘‘(e) CONSORTIUM ARRANGEMENTS.— 

8 ‘‘(1) IN GENERAL.—In the case of a State that 

9 receives a grant of $1,000,000 or less under this sec10 tion, the Secretary shall consult with the State edu11 cational agency to determine whether consortium ar12 rangements with another State or other appropriate 

13 entity would result in delivery of services in a more 

14 effective and efficient manner. 

15 ‘‘(2) PROPOSALS.—Any State, regardless of the 

16 amount of such State’s allocation, may submit a con17 sortium arrangement to the Secretary for approval. 

18 ‘‘(3) APPROVAL.—The Secretary shall approve a 

19 consortium arrangement under paragraph (1) or (2) 

20 if the proposal demonstrates that the arrangement 

21 will— 

22 ‘‘(A) reduce administrative costs or pro23 gram function costs for State programs; and 

24 ‘‘(B) make more funds available for direct 

25 services to add substantially to the educational 


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1 achievement of children to be served under this 

2 subpart. 

3 ‘‘(f) DETERMINING NUMBERS OF ELIGIBLE CHIL4 DREN.—In order to determine the identified number of mi5 gratory children residing in each State for purposes of this 

6 section, the Secretary shall— 

7 ‘‘(1) use the most recent information that most 

8 accurately reflects the actual number of migratory 

9 children; 

10 ‘‘(2) develop and implement a procedure for 

11 monitoring the accuracy of such information; 

12 ‘‘(3) develop and implement a procedure for 

13 more accurately reflecting cost factors for different 

14 types of summer and intersession program designs; 

15 ‘‘(4) adjust the full-time equivalent number of 

16 migratory children who reside in each State to take 

17 into account— 

18 ‘‘(A) the unique needs of those children par19 ticipating in evidence-based or other effective 

20 special programs provided under this subpart 

21 that operate during the summer and intersession 

22 periods; and 

23 ‘‘(B) the additional costs of operating such 

24 programs; and 


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1 ‘‘(5) conduct an analysis of the options for ad2 justing the formula so as to better direct services to 

3 migratory children, including the most at-risk migra4 tory children. 

5 ‘‘(g) NONPARTICIPATING STATES.—In the case of a 

6 State desiring to receive an allocation under this subpart 

7 for a fiscal year that did not receive an allocation for the 

8 previous fiscal year or that has been participating for less 

9 than 3 consecutive years, the Secretary shall calculate the 

10 State’s number of identified migratory children aged 3 

11 through 21 for purposes of subsection (a)(1)(A) by using 

12 the most recent data available that identifies the migratory 

13 children residing in the State until data is available to cal14 culate the 3-year average number of such children in ac15 cordance with such subsection. 

16 ‘‘SEC. 1134. STATE APPLICATIONS; SERVICES. 

17 ‘‘(a) APPLICATION REQUIRED.—Any State desiring to 

18 receive a grant under this subpart for any fiscal year shall 

19 submit an application to the Secretary at such time and 

20 in such manner as the Secretary may require. 

21 ‘‘(b) PROGRAM INFORMATION.—Each such application 

22 shall include— 

23 ‘‘(1) a description of how, in planning, imple24 menting, and evaluating programs and projects as25 sisted under this subpart, the State and its local operVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 ating agencies will ensure that the unique educational 

2 needs of migratory children, including preschool mi3 gratory children, are identified and addressed 

4 through— 

5 ‘‘(A) the full range of services that are 

6 available for migratory children from appro7 priate local, State, and Federal educational pro8 grams; 

9 ‘‘(B) joint planning among local, State, and 

10 Federal educational programs serving migratory 

11 children, including language instruction edu12 cational programs under chapter A of subpart 4; 

13 and 

14 ‘‘(C) the integration of services available 

15 under this subpart with services provided by 

16 those other programs; 

17 ‘‘(2) a description of the steps the State is taking 

18 to provide all migratory students with the oppor19 tunity to meet the same State academic standards 

20 that all children are expected to meet; 

21 ‘‘(3) a description of how the State will use 

22 funds received under this subpart to promote inter23 state and intrastate coordination of services for mi24 gratory children, including how the State will provide 

25 for educational continuity through the timely transfer 


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1 of pertinent school records, including information on 

2 health, when children move from one school to an3 other, whether or not such a move occurs during the 

4 regular school year; 

5 ‘‘(4) a description of the State’s priorities for the 

6 use of funds received under this subpart, and how 

7 such priorities relate to the State’s assessment of 

8 needs for services in the State; 

9 ‘‘(5) a description of how the State will deter10 mine the amount of any subgrants the State will 

11 award to local operating agencies, taking into ac12 count the numbers and needs of migratory children, 

13 the requirements of subsection (d), and the avail14 ability of funds from other Federal, State, and local 

15 programs; and 

16 ‘‘(6) a description of how the State will encour17 age programs and projects assisted under this subpart 

18 to offer family literacy services if the programs and 

19 projects serve a substantial number of migratory chil20 dren whose parents do not have a regular high school 

21 diploma or its recognized equivalent or who have low 

22 levels of literacy. 

23 ‘‘(c) ASSURANCES.—Each such application shall also 

24 include assurances that— 


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1 ‘‘(1) funds received under this subpart will be 

2 used only— 

3 ‘‘(A) for programs and projects, including 

4 the acquisition of equipment, in accordance with 

5 section 1136; and 

6 ‘‘(B) to coordinate such programs and 

7 projects with similar programs and projects 

8 within the State and in other States, as well as 

9 with other Federal programs that can benefit mi10 gratory children and their families; 

11 ‘‘(2) such programs and projects will be carried 

12 out in a manner consistent with the objectives of sec13 tion 1114, subsections (b) and (d) of section 1115, 

14 subsections (b) and (c) of section 1120A, and part C; 

15 ‘‘(3) in the planning and operation of programs 

16 and projects at both the State and local agency oper17 ating level, there is consultation with parents of mi18 gratory children for programs of not less than one 

19 school year in duration, and that all such programs 

20 and projects are carried out— 

21 ‘‘(A) in a manner that provides for the 

22 same parental involvement as is required for 

23 programs and projects under section 1118, unless 

24 extraordinary circumstances make such provi25 sion impractical; and 


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1 ‘‘(B) in a format and language understand2 able to the parents; 

3 ‘‘(4) in planning and carrying out such pro4 grams and projects, there has been, and will be, ade5 quate provision for addressing the unmet education 

6 needs of preschool migratory children; 

7 ‘‘(5) the effectiveness of such programs and 

8 projects will be determined, where feasible, using the 

9 same approaches and standards that will be used to 

10 assess the performance of students, schools, and local 

11 educational agencies under subpart 1; 

12 ‘‘(6) to the extent feasible, such programs and 

13 projects will provide for— 

14 ‘‘(A) advocacy and outreach activities for 

15 migratory children and their families, including 

16 informing such children and families of, or help17 ing such children and families gain access to, 

18 other education, health, nutrition, and social 

19 services; 

20 ‘‘(B) professional development programs, in21 cluding mentoring, for teachers and other pro22 gram personnel; 

23 ‘‘(C) high-quality, evidence-based family lit24 eracy programs; 


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1 ‘‘(D) the integration of information tech2 nology into educational and related programs; 

3 and 

4 ‘‘(E) programs to facilitate the transition of 

5 secondary school students to postsecondary edu6 cation or employment without the need for reme7 diation; and 

8 ‘‘(7) the State will assist the Secretary in deter9 mining the number of migratory children under 

10 paragraph (1) of section 1133(a). 

11 ‘‘(d) PRIORITY FOR SERVICES.—In providing services 

12 with funds received under this subpart, each recipient of 

13 such funds shall give priority to migratory children who 

14 are failing, or most at risk of failing, to meet the State’s 

15 academic standards under section 1111 (b)(1) . 

16 ‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding 

17 any other provision of this subpart— 

18 ‘‘(1) a child who ceases to be a migratory child 

19 during a school term shall be eligible for services until 

20 the end of such term; 

21 ‘‘(2) a child who is no longer a migratory child 

22 may continue to receive services for one additional 

23 school year, but only if comparable services are not 

24 available through other programs; and 


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1 ‘‘(3) secondary school students who were eligible 

2 for services in secondary school may continue to be 

3 served through credit accrual programs until gradua4 tion. 

5 ‘‘SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 

6 ‘‘The Secretary shall approve each State application 

7 that meets the requirements of this subpart, and may review 

8 any such application using a peer review process. 

9 ‘‘SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND 

10 SERVICE-DELIVERY PLAN; AUTHORIZED AC11 TIVITIES. 

12 ‘‘(a) COMPREHENSIVE PLAN.— 

13 ‘‘(1) IN GENERAL.—Each State that receives as14 sistance under this subpart shall ensure that the State 

15 and its local operating agencies identify and address 

16 the unique educational needs of migratory children in 

17 accordance with a comprehensive State plan that— 

18 ‘‘(A) is integrated with other programs 

19 under this Act or other Acts, as appropriate; 

20 ‘‘(B) may be submitted as a part of a con21 solidated application under section 5302, if— 

22 ‘‘(i) the unique needs of migratory 

23 children are specifically addressed in the 

24 comprehensive State plan; 


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1 ‘‘(ii) the comprehensive State plan is 

2 developed in collaboration with parents of 

3 migratory children; and 

4 ‘‘(iii) the comprehensive State plan is 

5 not used to supplant State efforts regarding, 

6 or administrative funding for, this subpart; 

7 ‘‘(C) provides that migratory children will 

8 have an opportunity to meet the same State aca9 demic standards under section 1111(b)(1) that 

10 all children are expected to meet; 

11 ‘‘(D) specifies measurable program goals 

12 and outcomes; 

13 ‘‘(E) encompasses the full range of services 

14 that are available for migratory children from 

15 appropriate local, State, and Federal edu16 cational programs; 

17 ‘‘(F) is the product of joint planning among 

18 such local, State, and Federal programs, includ19 ing programs under subpart 1, early childhood 

20 programs, and language instruction educational 

21 programs under chapter A of subpart 4; and 

22 ‘‘(G) provides for the integration of services 

23 available under this subpart with services pro24 vided by such other programs. 


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1 ‘‘(2) DURATION OF THE PLAN.—Each such com2 prehensive State plan shall— 

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

4 State’s participation under this subpart; and 

5 ‘‘(B) be periodically reviewed and revised 

6 by the State, as necessary, to reflect changes in 

7 the State’s strategies and programs under this 

8 subpart. 

9 ‘‘(b) AUTHORIZED ACTIVITIES.— 

10 ‘‘(1) FLEXIBILITY.—In implementing the com11 prehensive plan described in subsection (a), each 

12 State educational agency, where applicable through 

13 its local educational agencies, shall have the flexibility 

14 to determine the activities to be provided with funds 

15 made available under this subpart, except that such 

16 funds first shall be used to meet the identified needs 

17 of migratory children that result from their migratory 

18 lifestyle, and to permit these children to participate 

19 effectively in school. 

20 ‘‘(2) UNADDRESSED NEEDS.—Funds provided 

21 under this subpart shall be used to address the needs 

22 of migratory children that are not addressed by serv23 ices available from other Federal or non-Federal pro24 grams, except that migratory children who are eligible 

25 to receive services under subpart 1 may receive those 


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1 services through funds provided under that subpart, 

2 or through funds under this subpart that remain after 

3 the agency addresses the needs described in paragraph 

4 (1). 

5 ‘‘(3) CONSTRUCTION.—Nothing in this subpart 

6 shall be construed to prohibit a local educational 

7 agency from serving migratory children simulta8 neously with students with similar educational needs 

9 in the same educational settings, where appropriate. 

10 ‘‘SEC. 1137. BYPASS. 

11 ‘‘The Secretary may use all or part of any State’s allo12 cation under this subpart to make arrangements with any 

13 public or private agency to carry out the purpose of this 

14 subpart in such State if the Secretary determines that— 

15 ‘‘(1) the State is unable or unwilling to conduct 

16 educational programs for migratory children; 

17 ‘‘(2) such arrangements would result in more ef18 ficient and economic administration of such pro19 grams; or 

20 ‘‘(3) such arrangements would add substantially 

21 to the educational achievement of such children. 

22 ‘‘SEC. 1138. COORDINATION OF MIGRATORY EDUCATION AC23 TIVITIES. 

24 ‘‘(a) IMPROVEMENT OF COORDINATION.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, in consulta2 tion with the States, may make grants to, or enter 

3 into contracts with, State educational agencies, local 

4 educational agencies, institutions of higher education, 

5 and other public and private entities to improve the 

6 interstate and intrastate coordination among such 

7 agencies’ educational programs, including through the 

8 establishment or improvement of programs for credit 

9 accrual and exchange, available to migratory stu10 dents. 

11 ‘‘(2) DURATION.—Grants or contracts under this 

12 subsection may be awarded for not more than 5 years. 

13 ‘‘(b) STUDENT RECORDS.— 

14 ‘‘(1) ASSISTANCE.—The Secretary shall assist 

15 States in developing and maintaining an effective 

16 system for the electronic transfer of student records 

17 and in determining the number of migratory children 

18 in each State. 

19 ‘‘(2) INFORMATION SYSTEM.— 

20 ‘‘(A) IN GENERAL.—The Secretary, in con21 sultation with the States, shall ensure the linkage 

22 of migratory student record systems for the pur23 pose of electronically exchanging, among the 

24 States, health and educational information re25 garding all migratory students. The Secretary 


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1 shall ensure such linkage occurs in a cost-effec2 tive manner, utilizing systems used by the States 

3 prior to, or developed after, the date of enactment 

4 of this Act. The Secretary shall determine the 

5 minimum data elements that each State receiv6 ing funds under this subpart shall collect and 

7 maintain. Such minimum data elements may 

8 include— 

9 ‘‘(i) immunization records and other 

10 health information; 

11 ‘‘(ii) elementary and secondary aca12 demic history (including partial credit), 

13 credit accrual, and results from State as14 sessments required under section 1111(b)(2); 

15 ‘‘(iii) other academic information es16 sential to ensuring that migratory children 

17 achieve to the States’s academic standards; 

18 and 

19 ‘‘(iv) eligibility for services under the 

20 Individuals with Disabilities Education 

21 Act. 

22 ‘‘(B) The Secretary shall consult with 

23 States before updating the data elements that 

24 each State receiving funds under this subpart 

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1 tronic transfer of migratory student information 

2 and the requirements that States shall meet for 

3 immediate electronic access to such information. 

4 ‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A 

5 State educational agency or local educational agency 

6 receiving assistance under this subpart shall make 

7 student records available to another State educational 

8 agency or local educational agency that requests the 

9 records at no cost to the requesting agency, if the re10 quest is made in order to meet the needs of a migra11 tory child. 

12 ‘‘(4) REPORT TO CONGRESS.— 

13 ‘‘(A) IN GENERAL.—Not later than April 

14 30, 2014, the Secretary shall report to the Com15 mittee on Health, Education, Labor, and Pen16 sions of the Senate and the Committee on Edu17 cation and the Workforce of the House of Rep18 resentatives the Secretary’s findings and rec19 ommendations regarding the maintenance and 

20 transfer of health and educational information 

21 for migratory students by the States. 

22 ‘‘(B) REQUIRED CONTENTS.—The Secretary 

23 shall include in such report— 


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1 ‘‘(i) a review of the progress of States 

2 in developing and linking electronic records 

3 transfer systems; 

4 ‘‘(ii) recommendations for maintaining 

5 such systems; and 

6 ‘‘(iii) recommendations for improving 

7 the continuity of services provided for mi8 gratory students. 

9 ‘‘(c) AVAILABILITY OF FUNDS.—The Secretary shall 

10 reserve not more than $10,000,000 of the amount reserved 

11 under section 1132 to carry out this section for each fiscal 

12 year. 

13 ‘‘(d) DATA COLLECTION.—The Secretary shall direct 

14 the National Center for Education Statistics to collect data 

15 on migratory children. 

16 ‘‘SEC. 1139. DEFINITIONS. 

17 ‘‘As used in this subpart: 

18 ‘‘(1) LOCAL OPERATING AGENCY.—The term 

19 ‘local operating agency’ means— 

20 ‘‘(A) a local educational agency to which a 

21 State educational agency makes a subgrant 

22 under this subpart; 

23 ‘‘(B) a public or private agency with which 

24 a State educational agency or the Secretary 


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1 makes an arrangement to carry out a project 

2 under this subpart; or 

3 ‘‘(C) a State educational agency, if the 

4 State educational agency operates the State’s mi5 gratory education program or projects directly. 

6 ‘‘(2) MIGRATORY CHILD.—The term ‘migratory 

7 child’ means a child who is, or whose parent or 

8 spouse is, a migratory agricultural worker, including 

9 a migratory dairy worker, or a migratory fisher, and 

10 who, in the preceding 36 months, in order to obtain, 

11 or accompany such parent or spouse, in order to ob12 tain, temporary or seasonal employment in agricul13 tural or fishing work— 

14 ‘‘(A) has moved from one school district to 

15 another; 

16 ‘‘(B) in a State that is comprised of a sin17 gle school district, has moved from one adminis18 trative area to another within such district; or 

19 ‘‘(C) resides in a school district of more 

20 than 15,000 square miles, and migrates a dis21 tance of 20 miles or more to a temporary resi22 dence to engage in a fishing activity. 


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1 ‘‘Subpart 3—Prevention and Intervention Programs 

2 for Children and Youth Who Are Neglected, De3 linquent, or At-Risk 

4 ‘‘SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION. 

5 ‘‘(a) PURPOSE.—It is the purpose of this subpart— 

6 ‘‘(1) to improve educational services for children 

7 and youth in local and State institutions for ne8 glected or delinquent children and youth so that such 

9 children and youth have the opportunity to meet the 

10 same State academic standards that all children in 

11 the State are expected to meet; 

12 ‘‘(2) to provide such children and youth with the 

13 services needed to make a successful transition from 

14 institutionalization to further schooling or employ15 ment; and 

16 ‘‘(3) to prevent at-risk youth from dropping out 

17 of school, and to provide dropouts, and children and 

18 youth returning from correctional facilities or institu19 tions for neglected or delinquent children and youth, 

20 with a support system to ensure their continued edu21 cation. 

22 ‘‘(b) PROGRAM AUTHORIZED.—From amounts appro23 priated under section 3(a)(1), the Secretary shall reserve 

24 0.305 of one percent to carry out this subpart. 

25 ‘‘(c) GRANTS AWARDED.—From the amounts reserved 

26 under subsection (b) and not reserved under section 1004 


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1 and section 1159, the Secretary shall make grants to State 

2 educational agencies that have plans submitted under sec3 tion 1154 approved to enable such agencies to award sub4 grants to State agencies and local educational agencies to 

5 establish or improve programs of education for neglected, 

6 delinquent, or at-risk children and youth. 

7 ‘‘SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUB8 PART. 

9 ‘‘(a) AGENCY SUBGRANTS.—Based on the allocation 

10 amount computed under section 1152, the Secretary shall 

11 allocate to each State educational agency an amount nec12 essary to make subgrants to State agencies under chapter 

13 A. 

14 ‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for 

15 the purpose of carrying out chapter B, funds generated 

16 throughout the State under subpart 1 of this part based on 

17 children and youth residing in local correctional facilities, 

18 or attending community day programs for delinquent chil19 dren and youth. 

20 ‘‘CHAPTER A—STATE AGENCY PROGRAMS 

21 ‘‘SEC. 1151. ELIGIBILITY. 

22 ‘‘A State agency is eligible for assistance under this 

23 chapter if such State agency is responsible for providing 

24 free public education for children and youth— 


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1 ‘‘(1) in institutions for neglected or delinquent 

2 children and youth; 

3 ‘‘(2) attending community day programs for ne4 glected or delinquent children and youth; or 

5 ‘‘(3) in adult correctional institutions. 

6 ‘‘SEC. 1152. ALLOCATION OF FUNDS. 

7 ‘‘(a) SUBGRANTS TO STATE AGENCIES.— 

8 ‘‘(1) IN GENERAL.—Each State agency described 

9 in section 1151 (other than an agency in the Com10 monwealth of Puerto Rico) is eligible to receive a 

11 subgrant under this chapter, for each fiscal year, in 

12 an amount equal to the product of— 

13 ‘‘(A) the number of neglected or delinquent 

14 children and youth described in section 1151 

15 who— 

16 ‘‘(i) are enrolled for at least 15 hours 

17 per week in education programs in adult 

18 correctional institutions; and 

19 ‘‘(ii) are enrolled for at least 20 hours 

20 per week— 

21 ‘‘(I) in education programs in in22 stitutions for neglected or delinquent 

23 children and youth; or 


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1 ‘‘(II) in community day programs 

2 for neglected or delinquent children 

3 and youth; and 

4 ‘‘(B) 40 percent of the average per-pupil ex5 penditure in the State, except that the amount 

6 determined under this subparagraph shall not be 

7 less than 32 percent, nor more than 48 percent, 

8 of the average per-pupil expenditure in the 

9 United States. 

10 ‘‘(2) SPECIAL RULE.—The number of neglected 

11 or delinquent children and youth determined under 

12 paragraph (1) shall— 

13 ‘‘(A) be determined by the State agency by 

14 a deadline set by the Secretary, except that no 

15 State agency shall be required to determine the 

16 number of such children and youth on a specific 

17 date set by the Secretary; and 

18 ‘‘(B) be adjusted, as the Secretary deter19 mines is appropriate, to reflect the relative 

20 length of such agency’s annual programs. 

21 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

22 RICO.— 

23 ‘‘(1) IN GENERAL.—For each fiscal year, the 

24 amount of the subgrant which a State agency in the 

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1 ceive under this chapter shall be the amount deter2 mined by multiplying the number of children counted 

3 under subsection (a)(1)(A) for the Commonwealth of 

4 Puerto Rico by the product of— 

5 ‘‘(A) the percentage which the average per6 pupil expenditure in the Commonwealth of Puer7 to Rico is of the lowest average per-pupil expend8 iture of any of the 50 States; and 

9 ‘‘(B) 32 percent of the average per-pupil ex10 penditure in the United States. 

11 ‘‘(2) MINIMUM PERCENTAGE.—The percentage in 

12 paragraph (1)(A) shall not be less than 85 percent. 

13 ‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT

14 APPROPRIATIONS.—If the amount reserved for any fiscal 

15 year for subgrants under subsections (a) and (b) is insuffi16 cient to pay the full amount for which all State agencies 

17 are eligible under such subsections, the Secretary shall rat18 ably reduce each such amount. 

19 ‘‘SEC. 1153. STATE REALLOCATION OF FUNDS. 

20 ‘‘If a State educational agency determines that a State 

21 agency does not need the full amount of the subgrant for 

22 which such State agency is eligible under this chapter for 

23 any fiscal year, the State educational agency may reallocate 

24 the amount that will not be needed to other eligible State 

25 agencies that need additional funds to carry out the purpose 


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1 of this chapter, in such amounts as the State educational 

2 agency shall determine. 

3 ‘‘SEC. 1154. STATE PLAN AND STATE AGENCY APPLICA4 TIONS. 

5 ‘‘(a) STATE PLAN.— 

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

7 agency that desires to receive a grant under this 

8 chapter shall submit, for approval by the Secretary, 

9 a plan— 

10 ‘‘(A) for meeting the educational needs of 

11 neglected, delinquent, and at-risk children and 

12 youth; 

13 ‘‘(B) for assisting in the transition of chil14 dren and youth from correctional facilities to lo15 cally operated programs; and 

16 ‘‘(C) that is integrated with other programs 

17 under this Act or other Acts, as appropriate. 

18 ‘‘(2) CONTENTS.—Each such State plan shall— 

19 ‘‘(A) describe how the State will assess the 

20 effectiveness of the program in improving the 

21 academic, career, and technical skills of children 

22 in the program; 

23 ‘‘(B) provide that, to the extent feasible, 

24 such children will have the same opportunities to 

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1 dren were in the schools of local educational 

2 agencies in the State; 

3 ‘‘(C) describe how the State will place a 

4 priority for such children to obtain a regular 

5 high school diploma, to the extent feasible; and 

6 ‘‘(D) contain an assurance that the State 

7 educational agency will— 

8 ‘‘(i) ensure that programs assisted 

9 under this chapter will be carried out in ac10 cordance with the State plan described in 

11 this subsection; 

12 ‘‘(ii) carry out the evaluation require13 ments of section 1171; and 

14 ‘‘(iii) ensure that the State agencies re15 ceiving subgrants under this chapter comply 

16 with all applicable statutory and regulatory 

17 requirements. 

18 ‘‘(3) DURATION OF THE PLAN.—Each such State 

19 plan shall— 

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

21 State’s participation under this chapter; and 

22 ‘‘(B) be periodically reviewed and revised 

23 by the State, as necessary, to reflect changes in 

24 the State’s strategies and programs under this 

25 chapter. 


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1 ‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 

2 ‘‘(1) SECRETARIAL APPROVAL.—The Secretary 

3 shall approve each State plan that meets the require4 ments of this chapter. 

5 ‘‘(2) PEER REVIEW.—The Secretary may review 

6 any State plan with the assistance and advice of in7 dividuals with relevant expertise. 

8 ‘‘(c) STATE AGENCY APPLICATIONS.—Any State agen9 cy that desires to receive funds to carry out a program 

10 under this chapter shall submit an application to the State 

11 educational agency that— 

12 ‘‘(1) describes the procedures to be used, con13 sistent with the State plan under section 1111, to as14 sess the educational needs of the children to be served 

15 under this chapter; 

16 ‘‘(2) provide an assurance that in making serv17 ices available to children and youth in adult correc18 tional institutions, priority will be given to such chil19 dren and youth who are likely to complete incarcer20 ation within a 2-year period; 

21 ‘‘(3) describes the program, including a budget 

22 for the first year of the program, with annual updates 

23 to be provided to the State educational agency; 

24 ‘‘(4) describes how the program will meet the 

25 goals and objectives of the State plan; 


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1 ‘‘(5) describes how the State agency will consult 

2 with experts and provide the necessary training for 

3 appropriate staff, to ensure that the planning and op4 eration of institution-wide projects under section 1156 

5 are of high quality; 

6 ‘‘(6) describes how the programs will be coordi7 nated with other appropriate State and Federal pro8 grams, such as programs under title I of Public Law 

9 105–220, career and technical education programs, 

10 State and local dropout prevention programs, and 

11 special education programs; 

12 ‘‘(7) describes how the State agency will encour13 age correctional facilities receiving funds under this 

14 chapter to coordinate with local educational agencies 

15 or alternative education programs attended by incar16 cerated children and youth prior to and after their 

17 incarceration to ensure that student assessments and 

18 appropriate academic records are shared jointly be19 tween the correctional facility and the local edu20 cational agency or alternative education program; 

21 ‘‘(8) describes how appropriate professional de22 velopment will be provided to teachers and other staff; 

23 ‘‘(9) designates an individual in each affected 

24 correctional facility or institution for neglected or de25 linquent children and youth to be responsible for 


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1 issues relating to the transition of such children and 

2 youth from such facility or institution to locally oper3 ated programs; 

4 ‘‘(10) describes how the State agency will en5 deavor to coordinate with businesses for training and 

6 mentoring for participating children and youth; 

7 ‘‘(11) provides an assurance that the State agen8 cy will assist in locating alternative programs 

9 through which students can continue their education 

10 if the students are not returning to school after leav11 ing the correctional facility or institution for ne12 glected or delinquent children and youth; 

13 ‘‘(12) provides assurances that the State agency 

14 will work with parents to secure parents’ assistance 

15 in improving the educational achievement of their 

16 children and youth, and preventing their children’s 

17 and youth’s further involvement in delinquent activi18 ties; 

19 ‘‘(13) provides an assurance that the State agen20 cy will work with children and youth with disabilities 

21 in order to meet an existing individualized education 

22 program and an assurance that the agency will notify 

23 the child’s or youth’s local school if the child or 

24 youth— 


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1 ‘‘(A) is identified as in need of special edu2 cation services while the child or youth is in the 

3 correctional facility or institution for neglected 

4 or delinquent children and youth; and 

5 ‘‘(B) intends to return to the local school; 

6 ‘‘(14) provides an assurance that the State agen7 cy will work with children and youth who dropped 

8 out of school before entering the correctional facility 

9 or institution for neglected or delinquent children and 

10 youth to encourage the children and youth to reenter 

11 school and obtain a regular high school diploma once 

12 the term of the incarceration is completed, or provide 

13 the child or youth with the skills necessary to gain 

14 employment, continue the education of the child or 

15 youth, or obtain a regular high school diploma or its 

16 recognized equivalent if the child or youth does not 

17 intend to return to school; 

18 ‘‘(15) provides an assurance that effective teach19 ers and other qualified staff are trained to work with 

20 children and youth with disabilities and other stu21 dents with special needs taking into consideration the 

22 unique needs of such students; 

23 ‘‘(16) describes any additional services to be pro24 vided to children and youth, such as career counVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 seling, distance education, and assistance in securing 

2 student loans and grants; and 

3 ‘‘(17) provides an assurance that the program 

4 under this chapter will be coordinated with any pro5 grams operated under the Juvenile Justice and Delin6 quency Prevention Act of 1974 (42 U.S.C. 5601 et 

7 seq.) or other comparable programs, if applicable. 

8 ‘‘SEC. 1155. USE OF FUNDS. 

9 ‘‘(a) USES.— 

10 ‘‘(1) IN GENERAL.—A State agency shall use 

11 funds received under this chapter only for programs 

12 and projects that— 

13 ‘‘(A) are consistent with the State plan 

14 under section 1154(a); and 

15 ‘‘(B) concentrate on providing participants 

16 with the knowledge and skills needed to make a 

17 successful transition to secondary school comple18 tion, career and technical education, further edu19 cation, or employment without the need for re20 mediation. 

21 ‘‘(2) PROGRAMS AND PROJECTS.—Such programs 

22 and projects— 

23 ‘‘(A) may include the acquisition of equip24 ment; 


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1 ‘‘(B) shall be designed to support edu2 cational services that— 

3 ‘‘(i) except for institution-wide projects 

4 under section 1156, are provided to children 

5 and youth identified by the State agency as 

6 failing, or most at-risk of failing, to meet 

7 the State’s academic standards; 

8 ‘‘(ii) supplement and improve the 

9 quality of the educational services provided 

10 to such children and youth by the State 

11 agency; and 

12 ‘‘(iii) afford such children and youth 

13 an opportunity to meet State academic 

14 standards; and 

15 ‘‘(C) shall be carried out in a manner con16 sistent with section 1120A and part C (as ap17 plied to programs and projects under this chap18 ter). 

19 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program 

20 under this chapter that supplements the number of hours 

21 of instruction students receive from State and local sources 

22 shall be considered to comply with the supplement, not sup23 plant requirement of section 1120A (as applied to this chap24 ter) without regard to the subject areas in which instruction 

25 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 agen10 cy has approved, a comprehensive plan for that institution 

11 or program that— 

12 ‘‘(1) provides for a comprehensive assessment of 

13 the educational needs of all children and youth in the 

14 institution or program serving juveniles; 

15 ‘‘(2) provides for a comprehensive assessment of 

16 the educational needs of youth aged 20 and younger 

17 in adult facilities who are expected to complete incar18 ceration 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 aca22 demic standards in order to improve the likelihood 

23 that the children and youth will complete secondary 

24 school, obtain a regular high school diploma or its 

25 recognized equivalent, or find employment after leav26 ing the institution; 


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1 ‘‘(4) describes the instructional program, special2 ized instructional support services, and procedures 

3 that will be used to meet the needs described in para4 graph (1), including, to the extent feasible, the provi5 sion of mentors for the children and youth described 

6 in paragraph (1); 

7 ‘‘(5) specifically describes how such funds will be 

8 used; 

9 ‘‘(6) describes the measures and procedures that 

10 will be used to assess and improve student achieve11 ment; 

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 agency 

21 has provided for appropriate training for teachers 

22 and other instructional and administrative personnel 

23 to enable such teachers and personnel to carry out the 

24 project effectively. 


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1 ‘‘SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS. 

2 ‘‘If a State agency operates a program or project under 

3 this chapter in which individual children or youth are like4 ly to participate for more than one year, the State edu5 cational agency may approve the State agency’s applica6 tion for a subgrant under this chapter for a period of not 

7 more than 3 years. 

8 ‘‘SEC. 1158. TRANSITION SERVICES. 

9 ‘‘(a) TRANSITION SERVICES.—Each State agency shall 

10 reserve not less than 15 percent and not more than 30 per11 cent of the amount such agency receives under this chapter 

12 for any fiscal year to support— 

13 ‘‘(1) projects that facilitate the transition of chil14 dren and youth from State-operated institutions to 

15 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 equivalent, 

19 into postsecondary education, or career and technical 

20 training programs, through strategies designed to ex21 pose the youth to, and prepare the youth for, postsec22 ondary education, or career and technical training 

23 programs, such as— 

24 ‘‘(A) preplacement programs that allow ad25 judicated or incarcerated youth to audit or at26 tend courses on college, university, or community 


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1 college campuses, or through programs provided 

2 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 the 

9 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 set6 tings 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 tech10 nical assistance to and support State agency programs as11 sisted 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 col16 laboration 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 chil25 dren and youth returning from correctional facilities, 


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1 and programs which may serve at-risk children and 

2 youth. 

3 ‘‘SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL 

4 AGENCIES. 

5 ‘‘(a) LOCAL SUBGRANTS.—With funds made available 

6 under section 1142(b), the State educational agency shall 

7 award subgrants to local educational agencies with high 

8 numbers or percentages of children and youth residing in 

9 locally operated (including county operated) correctional 

10 facilities for children and youth (including facilities in11 volved in community day programs). 

12 ‘‘(b) SPECIAL RULE.—A local educational agency that 

13 serves a school operated by a correctional facility is not re14 quired to operate a program of support for children and 

15 youth returning from such school to a school that is not 

16 operated by a correctional agency but served by such local 

17 educational agency, if more than 30 percent of the children 

18 and youth attending the school operated by the correctional 

19 facility will reside outside the boundaries served by the local 

20 educational agency after leaving such facility. 

21 ‘‘(c) NOTIFICATION.—A State educational agency shall 

22 notify local educational agencies within the State of the eli23 gibility of such agencies to receive a subgrant under this 

24 chapter. 


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1 ‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.—Tran2 sitional and supportive programs operated in local edu3 cational agencies under this chapter shall be designed pri4 marily to meet the transitional and academic needs of stu5 dents returning to local educational agencies or alternative 

6 education programs from correctional facilities. Services to 

7 students at-risk of dropping out of school shall not have a 

8 negative impact on meeting the transitional and academic 

9 needs of the students returning from correctional facilities. 

10 ‘‘SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

11 ‘‘Each local educational agency desiring assistance 

12 under this chapter shall submit an application to the State 

13 educational agency that contains such information as the 

14 State educational agency may require. Each such applica15 tion shall include— 

16 ‘‘(1) a description of the program to be assisted; 

17 ‘‘(2) a description of formal agreements, regard18 ing the program to be assisted, between— 

19 ‘‘(A) the local educational agency; and 

20 ‘‘(B) correctional facilities and alternative 

21 school programs serving children and youth in22 volved with the juvenile justice system; 

23 ‘‘(3) as appropriate, a description of how par24 ticipating schools will coordinate with facilities work25 ing with delinquent children and youth to ensure that 


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1 such children and youth are participating in an edu2 cation program comparable to one operating in the 

3 local school such youth would attend; 

4 ‘‘(4) a description of the program operated by 

5 participating schools for children and youth return6 ing from correctional facilities and, as appropriate, 

7 the types of services that such schools will provide 

8 such children and youth and other at-risk children 

9 and youth; 

10 ‘‘(5) a description of the characteristics (includ11 ing learning difficulties, substance abuse problems, 

12 and other needs) of the children and youth who will 

13 be returning from correctional facilities and, as ap14 propriate, other at-risk children and youth expected 

15 to be served by the program, and a description of how 

16 the school will coordinate existing educational pro17 grams to meet the unique educational needs of such 

18 children and youth; 

19 ‘‘(6) as appropriate, a description of how schools 

20 will coordinate with existing social, health, and other 

21 services to meet the needs of students returning from 

22 correctional facilities and at-risk children or youth, 

23 including prenatal health care and nutrition services 

24 related to the health of the parent and the child or 

25 youth, parenting and child development classes, child 


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1 care, targeted reentry and outreach programs, refer2 rals to community resources, and scheduling flexi3 bility; 

4 ‘‘(7) as appropriate, a description of any part5 nerships with local businesses to develop training, 

6 curriculum-based youth entrepreneurship education, 

7 and mentoring services for participating students; 

8 ‘‘(8) as appropriate, a description of how the 

9 program will involve parents in efforts to improve the 

10 educational achievement of their children, assist in 

11 dropout prevention activities, and prevent the involve12 ment of their children in delinquent activities; 

13 ‘‘(9) a description of how the program under this 

14 chapter will be coordinated with other Federal, State, 

15 and local programs, such as programs under title I 

16 of Public Law 105–220 and career and technical edu17 cation programs serving at-risk children and youth; 

18 ‘‘(10) a description of how the program will be 

19 coordinated with programs operated under the Juve20 nile Justice and Delinquency Prevention Act of 1974 

21 and other comparable programs, if applicable; 

22 ‘‘(11) as appropriate, a description of how 

23 schools will work with probation officers to assist in 

24 meeting the needs of children and youth returning 

25 from correctional facilities; 


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1 ‘‘(12) a description of the efforts participating 

2 schools will make to ensure correctional facilities 

3 working with children and youth are aware of a 

4 child’s or youth’s existing individualized education 

5 program; and 

6 ‘‘(13) as appropriate, a description of the steps 

7 participating schools will take to find alternative 

8 placements for children and youth interested in con9 tinuing their education but unable to participate in 

10 a traditional public school program. 

11 ‘‘SEC. 1164. USES OF FUNDS. 

12 ‘‘Funds provided to local educational agencies under 

13 this chapter may be used, as appropriate, for— 

14 ‘‘(1) programs that serve children and youth re15 turning to local schools from correctional facilities, to 

16 assist in the transition of such children and youth to 

17 the school environment and help them remain in 

18 school in order to complete their education; 

19 ‘‘(2) dropout prevention programs which serve 

20 at-risk children and youth; 

21 ‘‘(3) the coordination of health and social serv22 ices for such individuals if there is a likelihood that 

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1 ices, will improve the likelihood such individuals will 

2 complete their education; 

3 ‘‘(4) special programs to meet the unique aca4 demic needs of participating children and youth, in5 cluding career and technical education, special edu6 cation, career counseling, curriculum-based youth en7 trepreneurship education, and assistance in securing 

8 student loans or grants for postsecondary education; 

9 and 

10 ‘‘(5) programs providing mentoring and peer 

11 mediation. 

12 ‘‘SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL 

13 FACILITIES RECEIVING FUNDS UNDER THIS 

14 SECTION. 

15 ‘‘Each correctional facility entering into an agreement 

16 with a local educational agency under section 1163(2) to 

17 provide services to children and youth under this chapter 

18 shall— 

19 ‘‘(1) where feasible, ensure that educational pro20 grams in the correctional facility are coordinated 

21 with the student’s home school, particularly with re22 spect to a student with an individualized education 

23 program under part B of the Individuals with Dis24 abilities Education Act; 


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1 ‘‘(2) if the child or youth is identified as in need 

2 of special education services while in the correctional 

3 facility, notify the local school of the child or youth 

4 of such need; 

5 ‘‘(3) where feasible, provide transition assistance 

6 to help the child or youth stay in school, including co7 ordination of services for the family, counseling, as8 sistance in accessing drug and alcohol abuse preven9 tion programs, tutoring, and family counseling; 

10 ‘‘(4) provide support programs that encourage 

11 children and youth who have dropped out of school to 

12 re-enter school and obtain a regular high school di13 ploma once their term at the correctional facility has 

14 been completed, or provide such children and youth 

15 with the skills necessary to gain employment or seek 

16 a regular high school diploma or its recognized equiv17 alent; 

18 ‘‘(5) work to ensure that the correctional facility 

19 is staffed with effective teachers and other qualified 

20 staff who are trained to work with children and youth 

21 with disabilities taking into consideration the unique 

22 needs of such children and youth; 

23 ‘‘(6) ensure that educational programs in the 

24 correctional facility are related to assisting students 

25 to meet the States’s academic standards; 


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1 ‘‘(7) to the extent possible, use technology to as2 sist in coordinating educational programs between the 

3 correctional facility and the community school; 

4 ‘‘(8) where feasible, involve parents in efforts to 

5 improve the educational achievement of their children 

6 and prevent the further involvement of such children 

7 in delinquent activities; 

8 ‘‘(9) coordinate funds received under this chapter 

9 with other local, State, and Federal funds available to 

10 provide services to participating children and youth, 

11 such as funds made available under title I of Public 

12 Law 105–220, and career and technical education 

13 funds; 

14 ‘‘(10) coordinate programs operated under this 

15 chapter with activities funded under the Juvenile Jus16 tice and Delinquency Prevention Act of 1974 and 

17 other comparable programs, if applicable; 

18 ‘‘(11) if appropriate, work with local businesses 

19 to develop training, curriculum-based youth entrepre20 neurship education, and mentoring programs for chil21 dren and youth; and 

22 ‘‘(12) consult with the local educational agency 

23 for a period jointly determined necessary by the cor24 rectional facility and local educational agency upon 

25 discharge from that facility to coordinate educational 


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1 services so as to minimize disruption to the child’s or 

2 youth’s achievement. 

3 ‘‘SEC. 1166. ACCOUNTABILITY. 

4 ‘‘The State educational agency— 

5 ‘‘(1) may require correctional facilities or insti6 tutions for neglected or delinquent children and youth 

7 to demonstrate, after receiving assistance under this 

8 chapter for 3 years, that there has been an increase 

9 in the number of children and youth returning to 

10 school, obtaining a regular high school diploma or its 

11 recognized equivalent, or obtaining employment after 

12 such children and youth are released; and 

13 ‘‘(2) may reduce or terminate funding for 

14 projects under this chapter if a local educational 

15 agency does not show progress in the number of chil16 dren and youth obtaining a regular high school di17 ploma or its recognized equivalent. 

18 ‘‘CHAPTER C—GENERAL PROVISIONS 

19 ‘‘SEC. 1171. PROGRAM EVALUATIONS. 

20 ‘‘(a) SCOPE OF EVALUATION.—Each State agency or 

21 local educational agency that conducts a program under 

22 chapters A or B shall evaluate the program, disaggregating 

23 data on participation by gender, race, ethnicity, and age, 

24 not less than once every 3 years, to determine the program’s 

25 impact on the ability of participants— 


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1 ‘‘(1) to maintain and improve educational 

2 achievement; 

3 ‘‘(2) to accrue school credits that meet State re4 quirements for grade promotion and high school grad5 uation; 

6 ‘‘(3) to make the transition to a regular program 

7 or other education program operated by a local edu8 cational agency; 

9 ‘‘(4) to complete high school (or high school 

10 equivalency requirements) and obtain employment 

11 after leaving the correctional facility or institution 

12 for neglected or delinquent children and youth; and 

13 ‘‘(5) as appropriate, to participate in postsec14 ondary education and job training programs. 

15 ‘‘(b) EXCEPTION.—The disaggregation required under 

16 subsection (a) shall not be required in a case in which the 

17 number of students in a category is insufficient to yield 

18 statistically reliable information or the results would reveal 

19 personally identifiable information about an individual 

20 student. 

21 ‘‘(c) EVALUATION MEASURES.—In conducting each 

22 evaluation under subsection (a), a State agency or local 

23 educational agency shall use multiple and appropriate 

24 measures of student progress. 


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1 ‘‘(d) EVALUATION RESULTS.—Each State agency and 

2 local educational agency shall— 

3 ‘‘(1) submit evaluation results to the State edu4 cational agency and the Secretary; and 

5 ‘‘(2) use the results of evaluations under this sec6 tion to plan and improve subsequent programs for 

7 participating children and youth. 

8 ‘‘SEC. 1172. DEFINITIONS. 

9 ‘‘In this subpart: 

10 ‘‘(1) ADULT CORRECTIONAL INSTITUTION.—The 

11 term ‘adult correctional institution’ means a facility 

12 in which persons (including persons under 21 years 

13 of age) are confined as a result of a conviction for a 

14 criminal offense. 

15 ‘‘(2) AT-RISK.—The term ‘at-risk’, when used 

16 with respect to a child, youth, or student, means a 

17 school-aged individual who— 

18 ‘‘(A) is at-risk of academic failure; and 

19 ‘‘(B) has a drug or alcohol problem, is preg20 nant or is a parent, has come into contact with 

21 the juvenile justice system in the past, is at least 

22 1 year behind the expected grade level for the age 

23 of the individual, is an English learner, is a 

24 gang member, has dropped out of school in the 

25 past, or has a high absenteeism rate at school. 


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1 ‘‘(3) COMMUNITY DAY PROGRAM.—The term 

2 ‘community day program’ means a regular program 

3 of instruction provided by a State agency at a com4 munity day school operated specifically for neglected 

5 or delinquent children and youth. 

6 ‘‘(4) INSTITUTION FOR NEGLECTED OR DELIN7 QUENT CHILDREN AND YOUTH.—The term ‘institution 

8 for neglected or delinquent children and youth’ 

9 means— 

10 ‘‘(A) a public or private residential facility, 

11 other than a foster home, that is operated for the 

12 care of children who have been committed to the 

13 institution or voluntarily placed in the institu14 tion under applicable State law, due to abandon15 ment, neglect, or death of their parents or guard16 ians; or 

17 ‘‘(B) a public or private residential facility 

18 for the care of children who have been adju19 dicated to be delinquent or in need of super20 vision. 

21 ‘‘Subpart 4—English Language Acquisition, 

22 Language Enhancement, and Academic Achievement 

23 ‘‘SEC. 1181. PURPOSES. 

24 ‘‘The purposes of this subpart are— 


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1 ‘‘(1) to help ensure that English learners, includ2 ing immigrant children and youth, attain English 

3 proficiency and develop high levels of academic 

4 achievement in English; 

5 ‘‘(2) to assist all English learners, including im6 migrant children and youth, to achieve at high levels 

7 in the core academic subjects so that those children 

8 can meet the same State academic standards that all 

9 children are expected to meet, consistent with section 

10 1111(b)(1); 

11 ‘‘(3) to assist State educational agencies, local 

12 educational agencies, and schools in establishing, im13 plementing, and sustaining high-quality, flexible, evi14 dence-based language instruction educational pro15 grams designed to assist in teaching English learners, 

16 including immigrant children and youth; 

17 ‘‘(4) to assist State educational agencies and 

18 local educational agencies to develop and enhance 

19 their capacity to provide high-quality, evidence-based 

20 instructional programs designed to prepare English 

21 learners, including immigrant children and youth, to 

22 enter all-English instruction settings; and 

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1 grams for the parents and communities of English 

2 learners. 

3 ‘‘CHAPTER A—GRANTS AND SUBGRANTS 

4 FOR ENGLISH LANGUAGE ACQUISI5 TION AND LANGUAGE ENHANCEMENT 

6 ‘‘SEC. 1191. FORMULA GRANTS TO STATES. 

7 ‘‘(a) IN GENERAL.—In the case of each State edu8 cational agency having a plan approved by the Secretary 

9 for a fiscal year under section 1192, the Secretary shall re10 serve 4.4 percent of funds appropriated under section 

11 3(a)(1) to make a grant for the year to the agency for the 

12 purposes specified in subsection (b). The grant shall consist 

13 of the allotment determined for the State educational agency 

14 under subsection (c). 

15 ‘‘(b) USE OF FUNDS.— 

16 ‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The 

17 Secretary may make a grant under subsection (a) 

18 only if the State educational agency involved agrees 

19 to expend at least 95 percent of the State educational 

20 agency’s allotment under subsection (c) for a fiscal 

21 year— 

22 ‘‘(A) to award subgrants, from allocations 

23 under section 1193, to eligible entities to carry 

24 out the activities described in section 1194 (other 

25 than subsection (e)); and 


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1 ‘‘(B) to award subgrants under section 

2 1193(d)(1) to eligible entities that are described 

3 in that section to carry out the activities de4 scribed in section 1194(e). 

5 ‘‘(2) STATE ACTIVITIES.—Subject to paragraph 

6 (3), each State educational agency receiving a grant 

7 under subsection (a) may reserve not more than 5 

8 percent of the agency’s allotment under subsection (c) 

9 to carry out the following activities: 

10 ‘‘(A) Professional development activities, 

11 and other activities, which may include assisting 

12 personnel in— 

13 ‘‘(i) meeting State and local certifi14 cation and licensing requirements for teach15 ing English learners; and 

16 ‘‘(ii) improving teacher skills in meet17 ing the diverse needs of English learners, 

18 including in how to implement evidence19 based programs and curricula on teaching 

20 English learners. 

21 ‘‘(B) Planning, evaluation, administration, 

22 and interagency coordination related to the sub23 grants referred to in paragraph (1). 

24 ‘‘(C) Providing technical assistance and 

25 other forms of assistance to eligible entities that 


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1 are receiving subgrants from a State educational 

2 agency under this chapter, including assistance 

3 in— 

4 ‘‘(i) identifying and implementing evi5 dence-based language instruction edu6 cational programs and curricula for teach7 ing English learners; 

8 ‘‘(ii) helping English learners meet the 

9 same State academic standards that all 

10 children are expected to meet; 

11 ‘‘(iii) identifying or developing, and 

12 implementing, measures of English pro13 ficiency; and 

14 ‘‘(iv) strengthening and increasing 

15 parent, family, and community engage16 ment. 

17 ‘‘(D) Providing recognition, which may in18 clude providing financial awards, to subgrantees 

19 that have significantly improved the achievement 

20 and progress of English learners in— 

21 ‘‘(i) reaching English language pro22 ficiency, based on the State’s English lan23 guage proficiency assessment under section 

24 1111(b)(2)(D); and 


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1 ‘‘(ii) meeting the State academic 

2 standards under section 1111(b)(1). 

3 ‘‘(3) ADMINISTRATIVE EXPENSES.—From the 

4 amount reserved under paragraph (2), a State edu5 cational agency may use not more than 40 percent of 

6 such amount or $175,000, whichever is greater, for the 

7 planning and administrative costs of carrying out 

8 paragraphs (1) and (2). 

9 ‘‘(c) RESERVATIONS AND ALLOTMENTS.— 

10 ‘‘(1) RESERVATIONS.—From the amount reserved 

11 under section 1191(a) for each fiscal year, the Sec12 retary shall reserve— 

13 ‘‘(A) 0.5 percent of such amount for pay14 ments to outlying areas, to be allotted in accord15 ance with their respective needs for assistance 

16 under this chapter, as determined by the Sec17 retary, for activities, approved by the Secretary, 

18 consistent with this chapter; and 

19 ‘‘(B) 6.5 percent of such amount for na20 tional activities under sections 1211 and 1222, 

21 except that not more than $2,000,000 of such 

22 amount may be reserved for the National Clear23 inghouse for English Language Acquisition and 

24 Language Instruction Educational Programs de25 scribed in section 1222. 


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1 ‘‘(2) STATE ALLOTMENTS.— 

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

3 subparagraph (B), from the amount reserved 

4 under section 1191(a) for each fiscal year that 

5 remains after making the reservations under 

6 paragraph (1), the Secretary shall allot to each 

7 State educational agency having a plan ap8 proved under section 1192(c)— 

9 ‘‘(i) an amount that bears the same re10 lationship to 80 percent of the remainder as 

11 the number of English learners in the State 

12 bears to the number of such children in all 

13 States, as determined by data available 

14 from the American Community Survey con15 ducted by the Department of Commerce or 

16 State-reported data; and 

17 ‘‘(ii) an amount that bears the same 

18 relationship to 20 percent of the remainder 

19 as the number of immigrant children and 

20 youth in the State bears to the number of 

21 such children and youth in all States, as 

22 determined based only on data available 

23 from the American Community Survey con24 ducted by the Department of Commerce. 


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1 ‘‘(B) MINIMUM ALLOTMENTS.—No State 

2 educational agency shall receive an allotment 

3 under this paragraph that is less than $500,000. 

4 ‘‘(C) REALLOTMENT.—If any State edu5 cational agency described in subparagraph (A) 

6 does not submit a plan to the Secretary for a fis7 cal year, or submits a plan (or any amendment 

8 to a plan) that the Secretary, after reasonable 

9 notice and opportunity for a hearing, determines 

10 does not satisfy the requirements of this chapter, 

11 the Secretary shall reallot any portion of such 

12 allotment to the remaining State educational 

13 agencies in accordance with subparagraph (A). 

14 ‘‘(D) SPECIAL RULE FOR PUERTO RICO.— 

15 The total amount allotted to Puerto Rico for any 

16 fiscal year under subparagraph (A) shall not ex17 ceed 0.5 percent of the total amount allotted to 

18 all States for that fiscal year. 

19 ‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 

20 making State allotments under paragraph (2) for 

21 each fiscal year, the Secretary shall determine the 

22 number of English learners in a State and in all 

23 States, using the most accurate, up-to-date data, 

24 which shall be— 


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1 ‘‘(A) data from the American Community 

2 Survey conducted by the Department of Com3 merce, which may be multiyear estimates; 

4 ‘‘(B) the number of students being assessed 

5 for English language proficiency, based on the 

6 State’s English language proficiency assessment 

7 under section 1111(b)(2)(D), which may be 

8 multiyear estimates; or 

9 ‘‘(C) a combination of data available under 

10 subparagraphs (A) and (B). 

11 ‘‘SEC. 1192. STATE EDUCATIONAL AGENCY PLANS. 

12 ‘‘(a) PLAN REQUIRED.—Each State educational agen13 cy desiring a grant under this chapter shall submit a plan 

14 to the Secretary at such time and in such manner as the 

15 Secretary may require. 

16 ‘‘(b) CONTENTS.—Each plan submitted under sub17 section (a) shall— 

18 ‘‘(1) describe the process that the agency will use 

19 in awarding subgrants to eligible entities under sec20 tion 1193(d)(1); 

21 ‘‘(2) provide an assurance that— 

22 ‘‘(A) the agency will ensure that eligible en23 tities receiving a subgrant under this chapter 

24 comply with the requirement in section 

25 1111(b)(2)(B)(x) to annually assess in English 


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1 learners who have been in the United States for 

2 3 or more consecutive years; 

3 ‘‘(B) the agency will ensure that eligible en4 tities receiving a subgrant under this chapter an5 nually assess the English proficiency of all 

6 English learners participating in a program 

7 funded under this chapter, consistent with sec8 tion 1111(b)(2)(D); 

9 ‘‘(C) in awarding subgrants under section 

10 1193, the agency will address the needs of school 

11 systems of all sizes and in all geographic areas, 

12 including school systems with rural and urban 

13 schools; 

14 ‘‘(D) subgrants to eligible entities under sec15 tion 1193(d)(1) will be of sufficient size and 

16 scope to allow such entities to carry out high17 quality, evidence-based language instruction edu18 cational programs for English learners; 

19 ‘‘(E) the agency will require an eligible en20 tity receiving a subgrant under this chapter to 

21 use the subgrant in ways that will build such re22 cipient’s capacity to continue to offer high-qual23 ity evidence-based language instruction edu24 cational programs that assist English learners in 

25 meeting State academic standards; 


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1 ‘‘(F) the agency will monitor the eligible en2 tity receiving a subgrant under this chapter for 

3 compliance with applicable Federal fiscal re4 quirements; and 

5 ‘‘(G) the plan has been developed in con6 sultation with local educational agencies, teach7 ers, administrators of programs implemented 

8 under this chapter, parents, and other relevant 

9 stakeholders; 

10 ‘‘(3) describe how the agency will coordinate its 

11 programs and activities under this chapter with other 

12 programs and activities under this Act and other 

13 Acts, as appropriate; 

14 ‘‘(4) describe how eligible entities in the State 

15 will be given the flexibility to teach English learn16 ers— 

17 ‘‘(A) using a high-quality, evidence-based 

18 language instruction curriculum for teaching 

19 English learners; and 

20 ‘‘(B) in the manner the eligible entities de21 termine to be the most effective; and 

22 ‘‘(5) describe how the agency will assist eligible 

23 entities in increasing the number of English learners 

24 who acquire English proficiency. 


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1 ‘‘(c) APPROVAL.—The Secretary, after using a peer re2 view process, shall approve a plan submitted under sub3 section (a) if the plan meets the requirements of this section. 

4 ‘‘(d) DURATION OF PLAN.— 

5 ‘‘(1) IN GENERAL.—Each plan submitted by a 

6 State educational agency and approved under sub7 section (c) shall— 

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

9 agency’s participation under this chapter; and 

10 ‘‘(B) be periodically reviewed and revised 

11 by the agency, as necessary, to reflect changes to 

12 the agency’s strategies and programs carried out 

13 under this subpart. 

14 ‘‘(2) ADDITIONAL INFORMATION.— 

15 ‘‘(A) AMENDMENTS.—If the State edu16 cational agency amends the plan, the agency 

17 shall submit such amendment to the Secretary. 

18 ‘‘(B) APPROVAL.—The Secretary shall ap19 prove such amendment to an approved plan, un20 less the Secretary determines that the amend21 ment will result in the agency not meeting the 

22 requirements, or fulfilling the purposes, of this 

23 subpart. 


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1 ‘‘(e) CONSOLIDATED PLAN.—A plan submitted under 

2 subsection (a) may be submitted as part of a consolidated 

3 plan under section 5302. 

4 ‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall 

5 provide technical assistance, if requested, in the develop6 ment of English proficiency standards and assessments. 

7 ‘‘SEC. 1193. WITHIN-STATE ALLOCATIONS. 

8 ‘‘(a) IN GENERAL.—After making the reservation re9 quired under subsection (d)(1), each State educational 

10 agency receiving a grant under section 1191(c)(2) shall 

11 award subgrants for a fiscal year by allocating in a timely 

12 manner to each eligible entity in the State having a plan 

13 approved under section 1195 an amount that bears the same 

14 relationship to the amount received under the grant and 

15 remaining after making such reservation as the population 

16 of English learners in schools served by the eligible entity 

17 bears to the population of English learners in schools served 

18 by all eligible entities in the State. 

19 ‘‘(b) LIMITATION.—A State educational agency shall 

20 not award a subgrant from an allocation made under sub21 section (a) if the amount of such subgrant would be less 

22 than $10,000. 

23 ‘‘(c) REALLOCATION.—Whenever a State educational 

24 agency determines that an amount from an allocation made 

25 to an eligible entity under subsection (a) for a fiscal year 


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1 will not be used by the entity for the purpose for which 

2 the allocation was made, the agency shall, in accordance 

3 with such rules as it determines to be appropriate, reallo4 cate such amount, consistent with such subsection, to other 

5 eligible entities in the State that the agency determines will 

6 use the amount to carry out that purpose. 

7 ‘‘(d) REQUIRED RESERVATION.—A State educational 

8 agency receiving a grant under this chapter for a fiscal 

9 year— 

10 ‘‘(1) shall reserve not more than 15 percent of the 

11 agency’s allotment under section 1191(c)(2) to award 

12 subgrants to eligible entities in the State that have ex13 perienced a significant increase, as compared to the 

14 average of the 2 preceding fiscal years, in the percent15 age or number of immigrant children and youth, who 

16 have enrolled, during the fiscal year preceding the fis17 cal year for which the subgrant is made, in public 

18 and nonpublic elementary schools and secondary 

19 schools in the geographic areas under the jurisdiction 

20 of, or served by, such entities; and 

21 ‘‘(2) in awarding subgrants under paragraph 

22 (1)— 

23 ‘‘(A) shall equally consider eligible entities 

24 that satisfy the requirement of such paragraph 


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1 but have limited or no experience in serving im2 migrant children and youth; and 

3 ‘‘(B) shall consider the quality of each local 

4 plan under section 1195 and ensure that each 

5 subgrant is of sufficient size and scope to meet 

6 the purposes of this subpart. 

7 ‘‘SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES. 

8 ‘‘(a) PURPOSES OF SUBGRANTS.—A State educational 

9 agency may make a subgrant to an eligible entity from 

10 funds received by the agency under this chapter only if the 

11 entity agrees to expend the funds to improve the education 

12 of English learners, by assisting the children to learn 

13 English and meet State academic standards. In carrying 

14 out activities with such funds, the eligible entity shall use 

15 evidence-based approaches and methodologies for teaching 

16 English learners and immigrant children and youth for the 

17 following purposes: 

18 ‘‘(1) Developing and implementing new language 

19 instruction educational programs and academic con20 tent instruction programs for English learners and 

21 immigrant children and youth, including programs of 

22 early childhood education, elementary school pro23 grams, and secondary school programs. 

24 ‘‘(2) Carrying out highly focused, innovative, lo25 cally designed, evidence-based activities to expand or 


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1 enhance existing language instruction educational 

2 programs and academic content instruction programs 

3 for English learners and immigrant children and 

4 youth. 

5 ‘‘(3) Implementing, within an individual school, 

6 schoolwide programs for restructuring, reforming, and 

7 upgrading all relevant programs, activities, and oper8 ations relating to language instruction educational 

9 programs and academic content instruction for 

10 English learners and immigrant children and youth. 

11 ‘‘(4) Implementing, within the entire jurisdiction 

12 of a local educational agency, agencywide programs 

13 for restructuring, reforming, and upgrading all rel14 evant programs, activities, and operations relating to 

15 language instruction educational programs and aca16 demic content instruction for English learners and 

17 immigrant children and youth. 

18 ‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible enti19 ty receiving funds under section 1193(a) for a fiscal year 

20 shall use not more than 2 percent of such funds for the cost 

21 of administering this chapter. 

22 ‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi23 ble entity receiving funds under section 1193(a) shall use 

24 the funds— 


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1 ‘‘(1) to increase the English language proficiency 

2 of English learners by providing high-quality, evi3 dence-based language instruction educational pro4 grams that meet the needs of English learners and 

5 have demonstrated success in increasing— 

6 ‘‘(A) English language proficiency; and 

7 ‘‘(B) student academic achievement in the 

8 core academic subjects; 

9 ‘‘(2) to provide high-quality, evidence-based pro10 fessional development to classroom teachers (including 

11 teachers in classroom settings that are not the settings 

12 of language instruction educational programs), school 

13 leaders, administrators, and other school or commu14 nity-based organization personnel, that is— 

15 ‘‘(A) designed to improve the instruction 

16 and assessment of English learners; 

17 ‘‘(B) designed to enhance the ability of 

18 teachers and school leaders to understand and 

19 implement curricula, assessment practices and 

20 measures, and instruction strategies for English 

21 learners; 

22 ‘‘(C) evidence-based in increasing children’s 

23 English language proficiency or substantially in24 creasing the subject matter knowledge, teaching 

25 knowledge, and teaching skills of teachers; and 


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1 ‘‘(D) of sufficient intensity and duration 

2 (which shall not include activities such as one3 day or short-term workshops and conferences) to 

4 have a positive and lasting impact on the teach5 ers’ performance in the classroom, except that 

6 this subparagraph shall not apply to an activity 

7 that is one component of a long-term, com8 prehensive professional development plan estab9 lished by a teacher and the teacher’s supervisor 

10 based on an assessment of the needs of the teach11 er, the supervisor, the students of the teacher, 

12 and any local educational agency employing the 

13 teacher, as appropriate; and 

14 ‘‘(3) to provide and implement other evidence15 based activities and strategies that enhance or supple16 ment language instruction educational programs for 

17 English learners, including parental and community 

18 engagement activities and strategies that serve to co19 ordinate and align related programs. 

20 ‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject 

21 to subsection (c), an eligible entity receiving funds under 

22 section 1193(a) may use the funds to achieve one of the pur23 poses described in subsection (a) by undertaking one or 

24 more of the following activities: 


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1 ‘‘(1) Upgrading program objectives and effective 

2 instruction strategies. 

3 ‘‘(2) Improving the instruction program for 

4 English learners by identifying, acquiring, and up5 grading curricula, instruction materials, educational 

6 software, and assessment procedures. 

7 ‘‘(3) Providing to English learners— 

8 ‘‘(A) tutorials and academic or career edu9 cation for English learners; and 

10 ‘‘(B) intensified instruction. 

11 ‘‘(4) Developing and implementing elementary 

12 school or secondary school language instruction edu13 cational programs that are coordinated with other 

14 relevant programs and services. 

15 ‘‘(5) Improving the English language proficiency 

16 and academic achievement of English learners. 

17 ‘‘(6) Providing community participation pro18 grams, family literacy services, and parent outreach 

19 and training activities to English learners and their 

20 families— 

21 ‘‘(A) to improve the English language skills 

22 of English learners; and 

23 ‘‘(B) to assist parents in helping their chil24 dren to improve their academic achievement and 


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1 becoming active participants in the education of 

2 their children. 

3 ‘‘(7) Improving the instruction of English learn4 ers by providing for— 

5 ‘‘(A) the acquisition or development of edu6 cational technology or instructional materials; 

7 ‘‘(B) access to, and participation in, elec8 tronic networks for materials, training, and 

9 communication; and 

10 ‘‘(C) incorporation of the resources described 

11 in subparagraphs (A) and (B) into curricula 

12 and programs, such as those funded under this 

13 chapter. 

14 ‘‘(8) Carrying out other activities that are con15 sistent with the purposes of this section. 

16 ‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUB17 STANTIAL INCREASES IN IMMIGRANT CHILDREN AND

18 YOUTH.— 

19 ‘‘(1) IN GENERAL.—An eligible entity receiving 

20 funds under section 1193(d)(1) shall use the funds to 

21 pay for activities that provide enhanced instructional 

22 opportunities for immigrant children and youth, 

23 which may include— 

24 ‘‘(A) family literacy, parent outreach, and 

25 training activities designed to assist parents to 


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1 become active participants in the education of 

2 their children; 

3 ‘‘(B) support for personnel, including para4 professionals who have been specifically trained, 

5 or are being trained, to provide services to immi6 grant children and youth; 

7 ‘‘(C) provision of tutorials, mentoring, and 

8 academic or career counseling for immigrant 

9 children and youth; 

10 ‘‘(D) identification, development, and ac11 quisition of curricular materials, educational 

12 software, and technologies to be used in the pro13 gram carried out with awarded funds; 

14 ‘‘(E) basic instruction services that are di15 rectly attributable to the presence in the local 

16 educational agency involved of immigrant chil17 dren and youth, including the payment of costs 

18 of providing additional classroom supplies, costs 

19 of transportation, or such other costs as are di20 rectly attributable to such additional basic in21 struction services; 

22 ‘‘(F) other instruction services that are de23 signed to assist immigrant children and youth to 

24 achieve in elementary schools and secondary 

25 schools in the United States, such as programs of 


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1 introduction to the educational system and civics 

2 education; and 

3 ‘‘(G) activities, coordinated with commu4 nity-based organizations, institutions of higher 

5 education, private sector entities, or other enti6 ties with expertise in working with immigrants, 

7 to assist parents of immigrant children and 

8 youth by offering comprehensive community 

9 services. 

10 ‘‘(2) DURATION OF SUBGRANTS.—The duration 

11 of a subgrant made by a State educational agency 

12 under section 1193(d)(1) shall be determined by the 

13 agency in its discretion. 

14 ‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 

15 ‘‘(1) IN GENERAL.—To receive a subgrant from 

16 a State educational agency under this chapter, an eli17 gible entity shall select one or more methods or forms 

18 of instruction to be used in the programs and activi19 ties undertaken by the entity to assist English learn20 ers to attain English language proficiency and meet 

21 State academic standards. 

22 ‘‘(2) CONSISTENCY.—Such selection shall be con23 sistent with sections 1204 through 1206. 

24 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds 

25 made available under this chapter shall be used so as to 


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1 supplement the level of Federal, State, and local public 

2 funds that, in the absence of such availability, would have 

3 been expended for programs for English learners and immi4 grant children and youth and in no case to supplant such 

5 Federal, State, and local public funds. 

6 ‘‘SEC. 1195. LOCAL PLANS. 

7 ‘‘(a) PLAN REQUIRED.—Each eligible entity desiring 

8 a subgrant from the State educational agency under section 

9 1193 shall submit a plan to the State educational agency 

10 at such time, in such manner, and containing such infor11 mation as the State educational agency may require. 

12 ‘‘(b) CONTENTS.—Each plan submitted under sub13 section (a) shall— 

14 ‘‘(1) describe the evidence-based programs and 

15 activities proposed to be developed, implemented, and 

16 administered under the subgrant that will help 

17 English learners increase their English language pro18 ficiency and meet the State academic standards; 

19 ‘‘(2) describe how the eligible entity will hold ele20 mentary schools and secondary schools receiving funds 

21 under this chapter accountable for annually assessing 

22 the English language proficiency of all children par23 ticipating under this subpart, consistent with section 

24 1111(b); 


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1 ‘‘(3) describe how the eligible entity will promote 

2 parent and community engagement in the education 

3 of English learners; 

4 ‘‘(4) contain an assurance that the eligible entity 

5 consulted with teachers, researchers, school adminis6 trators, parents and community members, public or 

7 private organizations, and institutions of higher edu8 cation, in developing and implementing such plan; 

9 ‘‘(5) describe how language instruction edu10 cational programs carried out under the subgrant will 

11 ensure that English learners being served by the pro12 grams develop English language proficiency; and 

13 ‘‘(6) contain assurances that— 

14 ‘‘(A) each local educational agency that is 

15 included in the eligible entity is complying with 

16 section 1112(g) prior to, and throughout, each 

17 school year; and 

18 ‘‘(B) the eligible entity is not in violation 

19 of any State law, including State constitutional 

20 law, regarding the education of English learners, 

21 consistent with sections 1205 and 1206. 

22 ‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible en23 tity receiving a subgrant under section 1193 shall include 

24 in its plan a certification that all teachers in any language 

25 instruction educational program for English learners that 


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1 is, or will be, funded under this subpart are fluent in 

2 English and any other language used for instruction, in3 cluding having written and oral communications skills. 

4 ‘‘CHAPTER B—ADMINISTRATION 

5 ‘‘SEC. 1201. REPORTING. 

6 ‘‘(a) IN GENERAL.—Each eligible entity that receives 

7 a subgrant from a State educational agency under chapter 

8 A shall provide such agency, at the conclusion of every sec9 ond fiscal year during which the subgrant is received, with 

10 a report, in a form prescribed by the agency, on the activi11 ties conducted and students served under this subpart that 

12 includes— 

13 ‘‘(1) a description of the programs and activities 

14 conducted by the entity with funds received under 

15 chapter A during the two immediately preceding fis16 cal years, including how such programs and activities 

17 supplemented programs funded primarily with State 

18 or local funds; 

19 ‘‘(2) a description of the progress made by 

20 English learners in learning the English language 

21 and in meeting State academic standards; 

22 ‘‘(3) the number and percentage of English 

23 learners in the programs and activities attaining 

24 English language proficiency based on the State 

25 English language proficiency standards established 


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1 under section 1111(b)(1)(E) by the end of each school 

2 year, as determined by the State’s English language 

3 proficiency assessment under section 1111(b)(2)(D); 

4 ‘‘(4) the number of English learners who exit the 

5 language instruction educational programs based on 

6 their attainment of English language proficiency and 

7 transitioned to classrooms not tailored for English 

8 learners; 

9 ‘‘(5) a description of the progress made by 

10 English learners in meeting the State academic 

11 standards for each of the 2 years after such children 

12 are no longer receiving services under this subpart; 

13 ‘‘(6) the number and percentage of English 

14 learners who have not attained English language pro15 ficiency within five years of initial classification as 

16 an English learner and first enrollment in the local 

17 educational agency; and 

18 ‘‘(7) any such other information as the State 

19 educational agency may require. 

20 ‘‘(b) USE OF REPORT.—A report provided by an eligi21 ble entity under subsection (a) shall be used by the entity 

22 and the State educational agency— 

23 ‘‘(1) to determine the effectiveness of programs 

24 and activities in assisting children who are English 

25 learners— 


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1 ‘‘(A) to attain English language pro2 ficiency; and 

3 ‘‘(B) to make progress in meeting State aca4 demic standards under section 1111(b)(1); and 

5 ‘‘(2) upon determining the effectiveness of pro6 grams and activities based on the criteria in para7 graph (1), to decide how to improve programs. 

8 ‘‘SEC. 1202. ANNUAL REPORT. 

9 ‘‘(a) STATES.—Based upon the reports provided to a 

10 State educational agency under section 1201, each such 

11 agency that receives a grant under this subpart shall pre12 pare and submit annually to the Secretary a report on pro13 grams and activities carried out by the State educational 

14 agency under this subpart and the effectiveness of such pro15 grams and activities in improving the education provided 

16 to English learners. 

17 ‘‘(b) SECRETARY.—Annually, the Secretary shall pre18 pare and submit to the Committee on Education and the 

19 Workforce of the House of Representatives and the Com20 mittee on Health, Education, Labor, and Pensions of the 

21 Senate a report— 

22 ‘‘(1) on programs and activities carried out to 

23 serve English learners under this subpart, and the ef24 fectiveness of such programs and activities in improvVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 ing the academic achievement and English language 

2 proficiency of English learners; 

3 ‘‘(2) on the types of language instruction edu4 cational programs used by local educational agencies 

5 or eligible entities receiving funding under this sub6 part to teach English learners; 

7 ‘‘(3) containing a critical synthesis of data re8 ported by eligible entities to States under section 

9 1201(a); 

10 ‘‘(4) containing a description of technical assist11 ance and other assistance provided by State edu12 cational agencies under section 1191(b)(2)(C); 

13 ‘‘(5) containing an estimate of the number of ef14 fective teachers working in language instruction edu15 cational programs and educating English learners, 

16 and an estimate of the number of such teachers that 

17 will be needed for the succeeding 5 fiscal years; 

18 ‘‘(6) containing the number of programs or ac19 tivities, if any, that were terminated because the enti20 ties carrying out the programs or activities were not 

21 able to reach program goals; 

22 ‘‘(7) containing the number of English learners 

23 served by eligible entities receiving funding under this 

24 subpart who were transitioned out of language in25 struction educational programs funded under this 


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1 subpart into classrooms where instruction is not tai2 lored for English learners; and 

3 ‘‘(8) containing other information gathered from 

4 other reports submitted to the Secretary under this 

5 subpart when applicable. 

6 ‘‘SEC. 1203. COORDINATION WITH RELATED PROGRAMS. 

7 ‘‘In order to maximize Federal efforts aimed at serving 

8 the educational needs of English learners, the Secretary 

9 shall coordinate and ensure close cooperation with other en10 tities carrying out programs serving language-minority 

11 and English learners that are administered by the Depart12 ment and other agencies. 

13 ‘‘SEC. 1204. RULES OF CONSTRUCTION. 

14 ‘‘Nothing in this subpart shall be construed— 

15 ‘‘(1) to prohibit a local educational agency from 

16 serving English learners simultaneously with children 

17 with similar educational needs, in the same edu18 cational settings where appropriate; 

19 ‘‘(2) to require a State or a local educational 

20 agency to establish, continue, or eliminate any par21 ticular type of instructional program for English 

22 learners; or 

23 ‘‘(3) to limit the preservation or use of Native 

24 American languages. 


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1 ‘‘SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW. 

2 ‘‘Nothing in this subpart shall be construed to negate 

3 or supersede State law, or the legal authority under State 

4 law of any State agency, State entity, or State public offi5 cial, over programs that are under the jurisdiction of the 

6 State agency, entity, or official. 

7 ‘‘SEC. 1206. CIVIL RIGHTS. 

8 ‘‘Nothing in this subpart shall be construed in a man9 ner inconsistent with any Federal law guaranteeing a civil 

10 right. 

11 ‘‘SEC. 1207. PROHIBITION. 

12 ‘‘In carrying out this subpart, the Secretary shall nei13 ther mandate nor preclude the use of a particular cur14 ricular or pedagogical approach to educating English 

15 learners. 

16 ‘‘SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUER17 TO RICO. 

18 ‘‘Notwithstanding any other provision of this subpart, 

19 programs authorized under this subpart that serve Native 

20 American (including Native American Pacific Islander) 

21 children and children in the Commonwealth of Puerto Rico 

22 may include programs of instruction, teacher training, cur23 riculum development, evaluation, and assessment designed 

24 for Native American children learning and studying Native 

25 American languages and children of limited Spanish pro26 ficiency, except that an outcome of programs serving such 


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1 children shall be increased English proficiency among such 

2 children. 

3 ‘‘CHAPTER C—NATIONAL ACTIVITIES 

4 ‘‘SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT 

5 PROJECT. 

6 ‘‘The Secretary shall use funds made available under 

7 section 1191(c)(1)(B) to award grants on a competitive 

8 basis, for a period of not more than 5 years, to institutions 

9 of higher education or public or private organizations with 

10 relevant experience and capacity (in consortia with State 

11 educational agencies or local educational agencies) to pro12 vide for professional development activities that will im13 prove classroom instruction for English learners and assist 

14 educational personnel working with such children to meet 

15 high professional standards, including standards for certifi16 cation and licensure as teachers who work in language in17 struction educational programs or serve English learners. 

18 Grants awarded under this subsection may be used— 

19 ‘‘(1) for preservice, evidence-based professional 

20 development programs that will assist local schools 

21 and institutions of higher education to upgrade the 

22 qualifications and skills of educational personnel who 

23 are not certified or licensed, especially educational 

24 paraprofessionals; 


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1 ‘‘(2) for the development of curricula or other in2 structional strategies appropriate to the needs of the 

3 consortia participants involved; 

4 ‘‘(3) to support strategies that strengthen and in5 crease parent and community member engagement in 

6 the education of English learners; and 

7 ‘‘(4) to share and disseminate evidence-based 

8 practices in the instruction of English learners and in 

9 increasing their student achievement. 

10 ‘‘CHAPTER D—GENERAL PROVISIONS 

11 ‘‘SEC. 1221. DEFINITIONS. 

12 ‘‘Except as otherwise provided, in this subpart: 

13 ‘‘(1) CHILD.—The term ‘child’ means any indi14 vidual aged 3 through 21. 

15 ‘‘(2) COMMUNITY-BASED ORGANIZATION.—The 

16 term ‘community-based organization’ means a private 

17 nonprofit organization of demonstrated effectiveness, 

18 Indian tribe, or tribally sanctioned educational au19 thority, that is representative of a community or sig20 nificant segments of a community and that provides 

21 educational or related services to individuals in the 

22 community. Such term includes a Native Hawaiian 

23 or Native American Pacific Islander native language 

24 educational organization. 


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1 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible enti2 ty’ means— 

3 ‘‘(A) one or more local educational agencies; 

4 or 

5 ‘‘(B) one or more local educational agencies, 

6 in consortia (or collaboration) with an institu7 tion of higher education, community-based orga8 nization, or State educational agency. 

9 ‘‘(4) IMMIGRANT CHILDREN AND YOUTH.—The 

10 term ‘immigrant children and youth’ means individ11 uals who— 

12 ‘‘(A) are age 3 through 21; 

13 ‘‘(B) were not born in any State; and 

14 ‘‘(C) have not been attending one or more 

15 schools in any one or more States for more than 

16 3 full academic years. 

17 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

18 means any Indian tribe, band, nation, or other orga19 nized group or community, including any Native vil20 lage or Regional Corporation or Village Corporation 

21 as defined in or established pursuant to the Alaska 

22 Native Claims Settlement Act, that is recognized as 

23 eligible for the special programs and services provided 

24 by the United States to Indians because of their sta25 tus as Indians. 


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1 ‘‘(6) LANGUAGE INSTRUCTION EDUCATIONAL

2 PROGRAM.—The term ‘language instruction edu3 cational program’ means an instruction course— 

4 ‘‘(A) in which an English learner is placed 

5 for the purpose of developing and attaining 

6 English language proficiency, while meeting 

7 State academic standards, as required by section 

8 1111(b)(1); and 

9 ‘‘(B) that may make instructional use of 

10 both English and a child’s native language to en11 able the child to develop and attain English lan12 guage proficiency, and may include the partici13 pation of English language proficient children if 

14 such course is designed to enable all partici15 pating children to become proficient in English 

16 and a second language. 

17 ‘‘(7) NATIVE LANGUAGE.—The term ‘native lan18 guage’, when used with reference to English learner, 

19 means— 

20 ‘‘(A) the language normally used by such 

21 individual; or 

22 ‘‘(B) in the case of a child or youth, the lan23 guage normally used by the parents of the child 

24 or youth. 


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1 ‘‘(8) PARAPROFESSIONAL.—The term ‘para2 professional’ means an individual who is employed in 

3 a preschool, elementary school, or secondary school 

4 under the supervision of a certified or licensed teach5 er, including individuals employed in language in6 struction educational programs, special education, 

7 and migratory education. 

8 ‘‘(9) STATE.—The term ‘State’ means each of the 

9 50 States, the District of Columbia, and the Common10 wealth of Puerto Rico. 

11 ‘‘SEC. 1222. NATIONAL CLEARINGHOUSE. 

12 ‘‘The Secretary shall establish and support the oper13 ation of a National Clearinghouse for English Language 

14 Acquisition and Language Instruction Educational Pro15 grams, which shall collect, analyze, synthesize, and dissemi16 nate information about language instruction educational 

17 programs for English learners, and related programs. The 

18 National Clearinghouse shall— 

19 ‘‘(1) be administered as an adjunct clearinghouse 

20 of the Educational Resources Information Center 

21 Clearinghouses system supported by the Institute of 

22 Education Sciences; 

23 ‘‘(2) coordinate activities with Federal data and 

24 information clearinghouses and entities operating 

25 Federal dissemination networks and systems; 


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1 ‘‘(3) develop a system for improving the oper2 ation and effectiveness of federally funded language 

3 instruction educational programs; and 

4 ‘‘(4) collect and disseminate information on— 

5 ‘‘(A) educational research and processes re6 lated to the education of English learners; and 

7 ‘‘(B) accountability systems that monitor 

8 the academic progress of English learners in lan9 guage instruction educational programs, includ10 ing information on academic content and 

11 English language proficiency assessments for 

12 language instruction educational programs; and 

13 ‘‘(5) publish, on an annual basis, a list of grant 

14 recipients under this subpart. 

15 ‘‘SEC. 1223. REGULATIONS. 

16 ‘‘In developing regulations under this subpart, the Sec17 retary shall consult with State educational agencies and 

18 local educational agencies, organizations representing 

19 English learners, and organizations representing teachers 

20 and other personnel involved in the education of English 

21 learners. 

22 ‘‘Subpart 5—Rural Education Achievement Program 

23 ‘‘SEC. 1230. PURPOSE. 

24 ‘‘It is the purpose of this subpart to address the unique 

25 needs of rural school districts that frequently— 


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1 ‘‘(1) lack the personnel and resources needed to 

2 compete effectively for Federal competitive grants; 

3 and 

4 ‘‘(2) receive formula grant allocations in 

5 amounts too small to be effective in meeting their in6 tended purposes. 

7 ‘‘CHAPTER A—SMALL, RURAL SCHOOL 

8 ACHIEVEMENT PROGRAM 

9 ‘‘SEC. 1231. GRANT PROGRAM AUTHORIZED. 

10 ‘‘(a) IN GENERAL.—From amounts appropriated 

11 under section 3(a)(1) for a fiscal year, the Secretary shall 

12 reserve 0.54 of one percent to award grants to eligible local 

13 educational agencies to enable the local educational agencies 

14 to carry out activities authorized under any of the following 

15 provisions: 

16 ‘‘(1) Part A of title I. 

17 ‘‘(2) Title II. 

18 ‘‘(3) Title III. 

19 ‘‘(b) ALLOCATION.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (3), the Secretary shall award a grant under 

22 subsection (a) to a local educational agency eligible 

23 under subsection (d) for a fiscal year in an amount 

24 equal to the initial amount determined under para25 graph (2) for the fiscal year minus the total amount 


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1 received by the agency in subpart 2 of part A of title 

2 II for the preceding fiscal year. 

3 ‘‘(2) DETERMINATION OF INITIAL AMOUNT.—The 

4 initial amount referred to in paragraph (1) is equal 

5 to $100 multiplied by the total number of students in 

6 excess of 50 students, in average daily attendance at 

7 the schools served by the local educational agency, 

8 plus $20,000, except that the initial amount may not 

9 exceed $60,000. 

10 ‘‘(3) RATABLE ADJUSTMENT.— 

11 ‘‘(A) IN GENERAL.—If the amount made 

12 available to carry out this section for any fiscal 

13 year is not sufficient to pay in full the amounts 

14 that local educational agencies are eligible to re15 ceive under paragraph (1) for such year, the Sec16 retary shall ratably reduce such amounts for 

17 such year. 

18 ‘‘(B) ADDITIONAL AMOUNTS.—If additional 

19 funds become available for making payments 

20 under paragraph (1) for such fiscal year, pay21 ments that were reduced under subparagraph (A) 

22 shall be increased on the same basis as such pay23 ments were reduced. 

24 ‘‘(c) DISBURSEMENT.—The Secretary shall disburse 

25 the funds awarded to a local educational agency under this 


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1 section for a fiscal year not later than July 1 of that fiscal 

2 year. 

3 ‘‘(d) ELIGIBILITY.— 

4 ‘‘(1) IN GENERAL.—A local educational agency 

5 shall be eligible to use the applicable funding in ac6 cordance with subsection (a) if— 

7 ‘‘(A)(i)(I) the total number of students in 

8 average daily attendance at all of the schools 

9 served by the local educational agency is fewer 

10 than 600; or 

11 ‘‘(II) each county in which a school served 

12 by the local educational agency is located has a 

13 total population density of fewer than 10 persons 

14 per square mile; and 

15 ‘‘(ii) all of the schools served by the local 

16 educational agency are designated with a school 

17 locale code of 41, 42, or 43, as determined by the 

18 Secretary; or 

19 ‘‘(B) the agency meets the criteria estab20 lished in subparagraph (A)(i) and the Secretary, 

21 in accordance with paragraph (2), grants the 

22 local educational agency’s request to waive the 

23 criteria described in subparagraph (A)(ii). 

24 ‘‘(2) CERTIFICATION.—The Secretary shall deter25 mine whether to waive the criteria described in paraVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 graph (1)(A)(ii) based on a demonstration by the 

2 local educational agency, and concurrence by the 

3 State educational agency, that the local educational 

4 agency is located in an area defined as rural by a 

5 governmental agency of the State. 

6 ‘‘(3) HOLD HARMLESS.—For a local educational 

7 agency that is not eligible under this chapter but met 

8 the eligibility requirements under this subsection as it 

9 was in effect prior to the date of the enactment of the 

10 Student Success Act, the agency shall receive— 

11 ‘‘(A) for fiscal year 2014, 75 percent of the 

12 amount such agency received for fiscal year 

13 2013; 

14 ‘‘(B) for fiscal year 2015, 50 percent of the 

15 amount such agency received for fiscal year 

16 2013; and 

17 ‘‘(C) for fiscal year 2016, 25 percent of the 

18 amount such agency received for fiscal year 

19 2013. 

20 ‘‘(e) SPECIAL ELIGIBILITY RULE.—A local educational 

21 agency that receives a grant under this chapter for a fiscal 

22 year is not eligible to receive funds for such fiscal year 

23 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 appropriated 

6 under section 3(a)(1) for a fiscal year, the Secretary 

7 shall reserve 0.54 of one percent for this chapter for 

8 a fiscal year that are not reserved under subsection 

9 (c) to award grants (from allotments made under 

10 paragraph (2)) for the fiscal year to State educational 

11 agencies that have applications submitted under sec12 tion 1237 approved to enable the State educational 

13 agencies to award grants to eligible local educational 

14 agencies for local authorized activities described in 

15 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 num23 ber of all such students served by eligible local edu24 cational agencies in all States for that fiscal year. 

25 ‘‘(3) SPECIALLY QUALIFIED AGENCIES.— 


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1 ‘‘(A) ELIGIBILITY AND APPLICATION.—If a 

2 State educational agency elects not to participate 

3 in the program under this subpart or does not 

4 have an application submitted under section 

5 1237 approved, a specially qualified agency in 

6 such State desiring a grant under this subpart 

7 may submit an application under such section 

8 directly to the Secretary to receive an award 

9 under this subpart. 

10 ‘‘(B) DIRECT AWARDS.—The Secretary may 

11 award, on a competitive basis or by formula, the 

12 amount the State educational agency is eligible 

13 to receive under paragraph (2) directly to a spe14 cially qualified agency in the State that has sub15 mitted an application in accordance with sub16 paragraph (A) and obtained approval of the ap17 plication. 

18 ‘‘(C) SPECIALLY QUALIFIED AGENCY DE19 FINED.—In this subpart, the term ‘specially 

20 qualified agency’ means an eligible local edu21 cational agency served by a State educational 

22 agency that does not participate in a program 

23 under this subpart in a fiscal year, that may 

24 apply directly to the Secretary for a grant in 

25 such year under this subsection. 


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1 ‘‘(b) LOCAL AWARDS.— 

2 ‘‘(1) ELIGIBILITY.—A local educational agency 

3 shall be eligible to receive a grant under this subpart 

4 if— 

5 ‘‘(A) 20 percent or more of the children ages 

6 5 through 17 years served by the local edu7 cational agency are from families with incomes 

8 below the poverty line; and 

9 ‘‘(B) all of the schools served by the agency 

10 are designated with a school locale code of 32, 

11 33, 41, 42, 43, as determined by the Secretary. 

12 ‘‘(2) AWARD BASIS.—A State educational agency 

13 shall award grants to eligible local educational agen14 cies— 

15 ‘‘(A) on a competitive basis; 

16 ‘‘(B) according to a formula based on the 

17 number of students in average daily attendance 

18 served by the eligible local educational agencies 

19 or schools in the State; or 

20 ‘‘(C) according to an alternative formula, if, 

21 prior to awarding the grants, the State edu22 cational agency demonstrates, to the satisfaction 

23 of the Secretary, that the alternative formula en24 ables the State educational agency to allot the 

25 grant funds in a manner that serves equal or 


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1 greater concentrations of children from families 

2 with incomes below the poverty line, relative to 

3 the concentrations that would be served if the 

4 State educational agency used the formula de5 scribed in subparagraph (B). 

6 ‘‘(c) RESERVATIONS.—From amounts reserved under 

7 section 1235(a)(1) for this chapter for a fiscal year, the Sec8 retary shall reserve— 

9 ‘‘(1) one-half of 1 percent to make awards to ele10 mentary schools or secondary schools operated or sup11 ported by the Bureau of Indian Education, to carry 

12 out the activities authorized under this chapter; and 

13 ‘‘(2) one-half of 1 percent to make awards to the 

14 outlying areas in accordance with their respective 

15 needs, to carry out the activities authorized under this 

16 chapter. 

17 ‘‘SEC. 1236. USES OF FUNDS. 

18 ‘‘(a) LOCAL AWARDS.—Grant funds awarded to local 

19 educational agencies under this chapter shall be used for 

20 activities authorized under any of the following: 

21 ‘‘(1) Part A of title I. 

22 ‘‘(2) Title II. 

23 ‘‘(3) Title III. 

24 ‘‘(b) ADMINISTRATIVE COSTS.—A State educational 

25 agency receiving a grant under this chapter may not use 


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1 more than 5 percent of the amount of the grant for State 

2 administrative costs and to provide technical assistance to 

3 eligible local educational agencies. 

4 ‘‘SEC. 1237. APPLICATIONS. 

5 ‘‘(a) IN GENERAL.—Each State educational agency or 

6 specially qualified agency desiring to receive a grant under 

7 this chapter shall submit an application to the Secretary 

8 at such time and in such manner as the Secretary may 

9 require. 

10 ‘‘(b) CONTENTS.—Each application submitted under 

11 subsection (a) shall include— 

12 ‘‘(1) a description of how the State educational 

13 agency or specially qualified agency will ensure eligi14 ble local educational agencies receiving a grant under 

15 this chapter will use such funds to help students meet 

16 the State academic standards under section 

17 1111(b)(1); 

18 ‘‘(2) if the State educational agency or specially 

19 qualified agency will competitively award grants to 

20 eligible local educational agencies, as described in sec21 tion 1235(b)(2)(A), the application under the section 

22 shall include— 

23 ‘‘(A) the methods and criteria the State edu24 cational agency or specially qualified agency 

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1 ing funds to local educational agencies on a com2 petitive basis; and 

3 ‘‘(B) how the State educational agency or 

4 specially qualified agency will notify eligible 

5 local educational agencies of the grant competi6 tion; and 

7 ‘‘(3) a description of how the State educational 

8 agency or specially qualified agency will provide tech9 nical assistance to eligible local educational agencies 

10 to help such agencies implement the activities de11 scribed in section 1236(a). 

12 ‘‘SEC. 1238. ACCOUNTABILITY. 

13 ‘‘Each State educational agency or specially qualified 

14 agency that receives a grant under this chapter shall pre15 pare and submit an annual report to the Secretary. The 

16 report shall describe— 

17 ‘‘(1) the methods and criteria the State edu18 cational agency or specially qualified agency used to 

19 award grants to eligible local educational agencies, 

20 and to provide assistance to schools, under this chap21 ter; 

22 ‘‘(2) how local educational agencies and schools 

23 used funds provided under this chapter; and 


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1 ‘‘(3) the degree to which progress has been made 

2 toward having all students meet the State academic 

3 standards under section 1111(b)(1). 

4 ‘‘SEC. 1239. CHOICE OF PARTICIPATION. 

5 ‘‘(a) IN GENERAL.—If a local educational agency is 

6 eligible for funding under chapters A and B of this subpart, 

7 such local educational agency may receive funds under ei8 ther chapter A or chapter B for a fiscal year, but may not 

9 receive funds under both chapters. 

10 ‘‘(b) NOTIFICATION.—A local educational agency eligi11 ble for both chapters A and B of this subpart shall notify 

12 the Secretary and the State educational agency under which 

13 of such chapters such local educational agency intends to 

14 receive funds for a fiscal year by a date that is established 

15 by the Secretary for the notification. 

16 ‘‘CHAPTER C—GENERAL PROVISIONS 

17 ‘‘SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETER18 MINATION. 

19 ‘‘(a) CENSUS DETERMINATION.—Each local edu20 cational agency desiring a grant under section 1231 and 

21 each local educational agency or specially qualified agency 

22 desiring a grant under chapter B shall— 

23 ‘‘(1) not later than December 1 of each year, con24 duct a census to determine the number of students in 


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1 average daily attendance in kindergarten through 

2 grade 12 at the schools served by the agency; and 

3 ‘‘(2) not later than March 1 of each year, submit 

4 the number described in paragraph (1) to the Sec5 retary (and to the State educational agency, in the 

6 case of a local educational agency seeking a grant 

7 under subpart 2). 

8 ‘‘(b) PENALTY.—If the Secretary determines that a 

9 local educational agency or specially qualified agency has 

10 knowingly submitted false information under subsection (a) 

11 for the purpose of gaining additional funds under section 

12 1231 or chapter B, then the agency shall be fined an amount 

13 equal to twice the difference between the amount the agency 

14 received under this section and the correct amount the agen15 cy would have received under section 1231 or chapter B 

16 if the agency had submitted accurate information under 

17 subsection (a). 

18 ‘‘SEC. 1242. SUPPLEMENT, NOT SUPPLANT. 

19 ‘‘Funds made available under chapter A or chapter B 

20 shall be used to supplement, and not supplant, any other 

21 Federal, State, or local education funds. 

22 ‘‘SEC. 1243. RULE OF CONSTRUCTION. 

23 ‘‘Nothing in this subpart shall be construed to prohibit 

24 a local educational agency that enters into cooperative ar25 rangements with other local educational agencies for the 


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1 provision of special, compensatory, or other education serv2 ices, pursuant to State law or a written agreement, from 

3 entering into similar arrangements for the use, or the co4 ordination of the use, of the funds made available under 

5 this subpart. 

6 ‘‘Subpart 6—Indian Education 

7 ‘‘SEC. 1251. STATEMENT OF POLICY. 

8 ‘‘It is the policy of the United States to fulfill the Fed9 eral Government’s unique and continuing trust relationship 

10 with and responsibility to the Indian people for the edu11 cation of Indian children. The Federal Government will 

12 continue to work with local educational agencies, Indian 

13 tribes and organizations, postsecondary institutions, and 

14 other entities toward the goal of ensuring that programs 

15 that serve Indian children are of the highest quality and 

16 provide for not only the basic elementary and secondary 

17 educational needs, but also the unique educational and cul18 turally related academic needs of these children. 

19 ‘‘SEC. 1252. PURPOSE. 

20 ‘‘It is the purpose of this subpart to support the efforts 

21 of local educational agencies, Indian tribes and organiza22 tions, postsecondary institutions, and other entities— 

23 ‘‘(1) to meet the unique educational and cul24 turally related academic needs of American Indian 

25 and Alaska Native students, so that such students can 


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1 meet the State academic standards that all students 

2 are expected to meet; and 

3 ‘‘(2) to ensure that school leaders, teachers, and 

4 other staff who serve Indian and Alaska Native stu5 dents have the ability and training to provide appro6 priate instruction to meet the unique academic needs 

7 of such students. 

8 ‘‘CHAPTER A—FORMULA GRANTS TO 

9 LOCAL EDUCATIONAL AGENCIES 

10 ‘‘SEC. 1261. PURPOSE. 

11 ‘‘It is the purpose of this chapter to support local edu12 cational agencies in their efforts to reform elementary school 

13 and secondary school programs that serve Indian students 

14 in order to ensure that such programs are designed to— 

15 ‘‘(1) meet the unique educational needs of such 

16 students; and 

17 ‘‘(2) ensure that such students have the oppor18 tunity to meet the State academic standards. 

19 ‘‘SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES 

20 AND TRIBES. 

21 ‘‘(a) IN GENERAL.—From amounts appropriated 

22 under section 3(a)(1), the Secretary shall reserve 0.59 of one 

23 percent to local educational agencies and Indian tribes in 

24 accordance with this section and section 1263. 

25 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 


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1 ‘‘(1) ENROLLMENT REQUIREMENTS.—A local 

2 educational agency shall be eligible for a grant under 

3 this chapter for any fiscal year if the number of In4 dian children eligible under section 1267 who were 

5 enrolled in the schools of the agency, and to whom the 

6 agency provided free public education, during the pre7 ceding fiscal year— 

8 ‘‘(A) was at least 10; or 

9 ‘‘(B) constituted not less than 25 percent of 

10 the total number of individuals enrolled in the 

11 schools of such agency. 

12 ‘‘(2) EXCLUSION.—The requirement of para13 graph (1) shall not apply in Alaska, California, or 

14 Oklahoma, or with respect to any local educational 

15 agency located on, or in proximity to, an Indian res16 ervation. 

17 ‘‘(c) INDIAN TRIBES.— 

18 ‘‘(1) IN GENERAL.—If a local educational agency 

19 that is otherwise eligible for a grant under this chap20 ter does not establish a committee under section 

21 1264(c)(4) for such grant, an Indian tribe or a con22 sortium of such entities that represents not less than 

1 23 ⁄3 of the eligible Indian children who are served by 

24 such local educational agency may apply for such 

25 grant. 


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1 ‘‘(2) SPECIAL RULE.—The Secretary shall treat 

2 each Indian tribe or consortium of such entities ap3 plying for a grant pursuant to paragraph (1) as if 

4 such Indian tribe were a local educational agency for 

5 purposes of this chapter, except that any such tribe is 

6 not subject to section 1264(c)(4) or section 1269. 

7 ‘‘(3) ELIGIBILITY.—If more than 1 Indian tribe 

8 qualifies to apply for a grant under paragraph (1), 

9 the entity that represents the most eligible Indian 

10 children who are served by the local educational agen11 cy shall be eligible to receive the grant or the tribes 

12 may choose to apply in consortium. 

13 ‘‘SEC. 1263. AMOUNT OF GRANTS. 

14 ‘‘(a) AMOUNT OF GRANT AWARDS.— 

15 ‘‘(1) IN GENERAL.—Except as provided in sub16 section (b) and paragraph (2), the Secretary shall al17 locate to each local educational agency that has an 

18 approved application under this chapter an amount 

19 equal to the product of— 

20 ‘‘(A) the number of Indian children who are 

21 eligible under section 1267 and served by such 

22 agency; and 

23 ‘‘(B) the greater of— 


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1 ‘‘(i) the average per pupil expenditure 

2 of the State in which such agency is located; 

3 or 

4 ‘‘(ii) 80 percent of the average per 

5 pupil expenditure of all the States. 

6 ‘‘(2) REDUCTION.—The Secretary shall reduce 

7 the amount of each allocation otherwise determined 

8 under this section in accordance with subsection (e). 

9 ‘‘(b) MINIMUM GRANT.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

11 (e), an entity that is eligible for a grant under section 

12 1262, and a school that is operated or supported by 

13 the Bureau of Indian Education that is eligible for a 

14 grant under subsection (d), that submits an applica15 tion that is approved by the Secretary, shall, subject 

16 to appropriations, receive a grant under this chapter 

17 in an amount that is not less than $3,000. 

18 ‘‘(2) CONSORTIA.—Local educational agencies 

19 may form a consortium with other local educational 

20 agencies or Indian tribes for the purpose of obtaining 

21 grants under this chapter. 

22 ‘‘(3) INCREASE.—The Secretary may increase 

23 the minimum grant under paragraph (1) to not more 

24 than $4,000 for all grantees if the Secretary deterVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 mines such an increase is necessary to ensure the 

2 quality of the programs provided. 

3 ‘‘(c) DEFINITION.—For the purpose of this section, the 

4 term ‘average per pupil expenditure’, used with respect to 

5 a State, means an amount equal to— 

6 ‘‘(1) the sum of the aggregate current expendi7 tures of all the local educational agencies in the State, 

8 plus any direct current expenditures by the State for 

9 the operation of such agencies, without regard to the 

10 sources of funds from which such local or State ex11 penditures were made, during the second fiscal year 

12 preceding the fiscal year for which the computation is 

13 made; divided by 

14 ‘‘(2) the aggregate number of children who were 

15 included in average daily attendance for whom such 

16 agencies provided free public education during such 

17 preceding fiscal year. 

18 ‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BU19 REAU OF INDIAN EDUCATION.— 

20 ‘‘(1) IN GENERAL.—Subject to subsection (e), in 

21 addition to the grants awarded under subsection (a), 

22 the Secretary shall allocate to the Secretary of the In23 terior an amount equal to the product of— 

24 ‘‘(A) the total number of Indian children 

25 enrolled in schools that are operated by— 


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1 ‘‘(i) the Bureau of Indian Education; 

2 or 

3 ‘‘(ii) an Indian tribe, or an organiza4 tion controlled or sanctioned by an Indian 

5 tribal government, for the children of that 

6 tribe under a contract with, or grant from, 

7 the Department of the Interior under the 

8 Indian Self-Determination Act or the Trib9 ally Controlled Schools Act of 1988; and 

10 ‘‘(B) the greater of— 

11 ‘‘(i) the average per pupil expenditure 

12 of the State in which the school is located; 

13 or 

14 ‘‘(ii) 80 percent of the average per 

15 pupil expenditure of all the States. 

16 ‘‘(2) SPECIAL RULE.—Any school described in 

17 paragraph (1)(A) that wishes to receive an allocation 

18 under this chapter shall submit an application in ac19 cordance with section 1264, and shall otherwise be 

20 treated as a local educational agency for the purpose 

21 of this chapter, except that such school shall not be 

22 subject to section 1264(c)(4) or section 1269. 

23 ‘‘(e) RATABLE REDUCTIONS.—If the sums reserved for 

24 any fiscal year under section 1262(a) are insufficient to 

25 pay in full the amounts determined for local educational 


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1 agencies under subsection (a)(1) and for the Secretary of 

2 the Interior under subsection (d), each of those amounts 

3 shall be ratably reduced. 

4 ‘‘SEC. 1264. APPLICATIONS. 

5 ‘‘(a) APPLICATION REQUIRED.—Each local edu6 cational agency that desires to receive a grant under this 

7 chapter shall submit an application to the Secretary at such 

8 time and in such manner as the Secretary may reasonably 

9 require. 

10 ‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each 

11 application submitted under subsection (a) shall include a 

12 description of a comprehensive program for meeting the 

13 needs of Indian children served by the local educational 

14 agency, including the language and cultural needs of the 

15 children, that— 

16 ‘‘(1) describes how the comprehensive program 

17 will offer programs and activities to meet the cul18 turally related academic needs of American Indian 

19 and Alaska Native students; 

20 ‘‘(2)(A) is aligned with and supports the State 

21 and local plans submitted under other provisions of 

22 this Act; and 

23 ‘‘(B) includes academic standards for such chil24 dren that are based on the State academic standards 

25 adopted under subpart 1 for all children; 


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1 ‘‘(3) explains how the local educational agency 

2 will use the funds made available under this chapter 

3 to supplement other Federal, State, and local pro4 grams, especially programs carried out under subpart 

5 1, to meet the needs of such students; 

6 ‘‘(4) demonstrates how funds made available 

7 under this chapter will be used for activities described 

8 in section 1265; 

9 ‘‘(5) describes the professional development op10 portunities that will be provided, as needed, to ensure 

11 that— 

12 ‘‘(A) teachers, school leaders, and other 

13 school professionals who are new to the Indian 

14 community are prepared to work with Indian 

15 children; and 

16 ‘‘(B) all teachers who will be involved in 

17 programs assisted under this chapter have been 

18 properly trained to carry out such programs; 

19 and 

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 

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1 sisted under this chapter, in meeting the stand2 ards described in paragraph (2); 

3 ‘‘(B) will provide the results of each assess4 ment referred to in subparagraph (A) to— 

5 ‘‘(i) the committee described in sub6 section (c)(4); and 

7 ‘‘(ii) the community, including Indian 

8 tribes, whose children are served by the local 

9 educational agency; and 

10 ‘‘(C) is responding to findings of any pre11 vious assessments that are similar to the assess12 ments described in subparagraph (A); and 

13 ‘‘(7) describes the processes the local educational 

14 agency used to collaborate with Indian tribes in the 

15 community in the development of the comprehensive 

16 programs. 

17 ‘‘(c) ASSURANCES.—Each application submitted 

18 under subsection (a) shall include assurances that— 

19 ‘‘(1) the local educational agency will use funds 

20 received under this chapter only to supplement the 

21 funds that, in the absence of the Federal funds made 

22 available under this chapter, such agency would make 

23 available for the education of Indian children, and 

24 not to supplant such funds; 


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1 ‘‘(2) the local educational agency will prepare 

2 and submit to the Secretary such reports in such form 

3 as the Secretary may require to— 

4 ‘‘(A) carry out the functions of the Sec5 retary under this chapter; and 

6 ‘‘(B) determine the extent to which activi7 ties carried out with funds provided to the local 

8 educational agency under this chapter are effec9 tive in improving the educational achievement of 

10 Indian students served by such agency; 

11 ‘‘(3) the program for which assistance is 

12 sought— 

13 ‘‘(A) is based on a comprehensive local as14 sessment and prioritization of the unique edu15 cational and culturally related academic needs of 

16 the American Indian and Alaska Native students 

17 for whom the local educational agency is pro18 viding an education; 

19 ‘‘(B) will use the best available talents and 

20 resources, including individuals from the Indian 

21 community; and 

22 ‘‘(C) was developed by such agency in open 

23 consultation with parents of Indian children and 

24 teachers, and, if appropriate, Indian students 

25 from secondary schools, including through public 


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1 hearings held by such agency to provide to the 

2 individuals described in this subparagraph a full 

3 opportunity to understand the program and to 

4 offer recommendations regarding the program; 

5 and 

6 ‘‘(4) the local educational agency developed the 

7 program with the participation and written approval 

8 of a committee— 

9 ‘‘(A) that is composed of, and selected by— 

10 ‘‘(i) parents of Indian children in the 

11 local educational agency’s schools; 

12 ‘‘(ii) teachers in the schools; and 

13 ‘‘(iii) if appropriate, Indian students 

14 attending secondary schools of the agency; 

15 ‘‘(B) a majority of whose members are par16 ents of Indian children; 

17 ‘‘(C) that has set forth such policies and 

18 procedures, including policies and procedures re19 lating to the hiring of personnel, as will ensure 

20 that the program for which assistance is sought 

21 will be operated and evaluated in consultation 

22 with, and with the involvement of, parents of the 

23 children, and representatives of the area, to be 

24 served; 


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1 ‘‘(D) with respect to an application describ2 ing a schoolwide program in accordance with 

3 section 1265(c), that has— 

4 ‘‘(i) reviewed in a timely fashion the 

5 program; and 

6 ‘‘(ii) determined that the program will 

7 not diminish the availability of culturally 

8 related activities for American Indian and 

9 Alaska Native students; and 

10 ‘‘(E) that has adopted reasonable bylaws for 

11 the conduct of the activities of the committee and 

12 abides by such bylaws. 

13 ‘‘SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES. 

14 ‘‘(a) GENERAL REQUIREMENTS.—Each local edu15 cational agency that receives a grant under this chapter 

16 shall use the grant funds, in a manner consistent with the 

17 purpose specified in section 1261, for services and activities 

18 that— 

19 ‘‘(1) are designed to carry out the comprehensive 

20 program of the local educational agency for Indian 

21 students, and described in the application of the local 

22 educational agency submitted to the Secretary under 

23 section 1264(a); 

24 ‘‘(2) are designed with special regard for the lan25 guage and cultural needs of the Indian students; and 


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1 ‘‘(3) supplement and enrich the regular school 

2 program of such agency. 

3 ‘‘(b) PARTICULAR ACTIVITIES.—The services and ac4 tivities referred to in subsection (a) may include— 

5 ‘‘(1) culturally related activities that support the 

6 program described in the application submitted by 

7 the local educational agency; 

8 ‘‘(2) early childhood and family programs that 

9 emphasize school readiness; 

10 ‘‘(3) enrichment programs that focus on problem 

11 solving and cognitive skills development and directly 

12 support the attainment of State academic standards; 

13 ‘‘(4) integrated educational services in combina14 tion with other programs that meet the needs of In15 dian children and their families; 

16 ‘‘(5) programs that help engage parents and 

17 tribes to meet the unique educational needs of Indian 

18 children; 

19 ‘‘(6) career preparation activities to enable In20 dian students to participate in programs such as the 

21 programs supported by the Carl D. Perkins Career 

22 and Technical Education Act of 2006; 

23 ‘‘(7) activities to educate individuals concerning 

24 the prevention of substance abuse, violence, and sui25 cide; 


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1 ‘‘(8) the acquisition of equipment, but only if the 

2 acquisition of the equipment is essential to achieve the 

3 purpose described in section 1261; 

4 ‘‘(9) activities that promote the incorporation of 

5 culturally responsive teaching and learning strategies 

6 into the educational program of the local educational 

7 agency; 

8 ‘‘(10) activities that incorporate American In9 dian and Alaska Native specific curriculum content, 

10 consistent with State academic standards into the 

11 curriculum used by the local educational agency; 

12 ‘‘(11) family literacy services; and 

13 ‘‘(12) activities that recognize and support the 

14 unique cultural and educational needs of Indian chil15 dren, and incorporate appropriately qualified tribal 

16 elders and seniors. 

17 ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any 

18 other provision of law, a local educational agency may use 

19 funds made available to such agency under this chapter to 

20 support a schoolwide program under section 1114 if— 

21 ‘‘(1) the committee established pursuant to sec22 tion 1264(c)(4) approves the use of the funds for the 

23 schoolwide program; and 

24 ‘‘(2) the schoolwide program is consistent with 

25 the purpose described in section 1261. 


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1 ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

2 more than 5 percent of the funds provided to a grantee 

3 under this chapter for any fiscal year may be used for ad4 ministrative purposes. 

5 ‘‘(e) LIMITATION ON USE OF FUNDS.—Funds provided 

6 to a grantee under this chapter may not be used for long7 distance travel expenses for training activities available lo8 cally or regionally. 

9 ‘‘SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED. 

10 ‘‘(a) PLAN.—An entity receiving funds under this 

11 chapter may submit a plan to the Secretary for the integra12 tion of education and related services provided to Indian 

13 students. 

14 ‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re15 ceipt of an acceptable plan under subsection (a), the Sec16 retary, in cooperation with each Federal agency providing 

17 grants for the provision of education and related services 

18 to the entity, shall authorize the entity to consolidate, in 

19 accordance with such plan, the federally funded education 

20 and related services programs of the entity and the Federal 

21 programs, or portions of the programs, serving Indian stu22 dents in a manner that integrates the program services in23 volved into a single, coordinated, comprehensive program 

24 and reduces administrative costs by consolidating adminis25 trative functions. 


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1 ‘‘(c) PROGRAMS AFFECTED.—The funds that may be 

2 consolidated in a demonstration project under any such 

3 plan referred to in subsection (a) shall include funds for 

4 any Federal program exclusively serving Indian children, 

5 or the funds reserved under any Federal program to exclu6 sively serve Indian children, under which the entity is eligi7 ble for receipt of funds under a statutory or administrative 

8 formula for the purposes of providing education and related 

9 services that would be used to serve Indian students. 

10 ‘‘(d) PLAN REQUIREMENTS.—For a plan to be accept11 able pursuant to subsection (b), the plan shall— 

12 ‘‘(1) identify the programs or funding sources to 

13 be consolidated; 

14 ‘‘(2) be consistent with the objectives of this sec15 tion concerning authorizing the services to be inte16 grated in a demonstration project; 

17 ‘‘(3) describe a comprehensive strategy that iden18 tifies the full range of potential educational opportu19 nities and related services to be provided to assist In20 dian students to achieve the objectives set forth in this 

21 chapter; 

22 ‘‘(4) describe the way in which services are to be 

23 integrated and delivered and the results expected from 

24 the plan; 


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1 ‘‘(5) identify the projected expenditures under 

2 the plan in a single budget; 

3 ‘‘(6) identify the State, tribal, or local agency or 

4 agencies to be involved in the delivery of the services 

5 integrated under the plan; 

6 ‘‘(7) identify any statutory provisions, regula7 tions, policies, or procedures that the entity believes 

8 need to be waived in order to implement the plan; 

9 ‘‘(8) set forth measures for student academic 

10 achievement consistent with State academic standards 

11 under section 1111(b)(1); and 

12 ‘‘(9) be approved by a committee formed in ac13 cordance with section 1264(c)(4), if such a committee 

14 exists. 

15 ‘‘(e) PLAN REVIEW.—Upon receipt of the plan from 

16 an eligible entity, the Secretary shall consult with the Sec17 retary of each Federal department providing funds to be 

18 used to implement the plan, and with the entity submitting 

19 the plan. The parties so consulting shall identify any waiv20 ers of statutory requirements or of Federal departmental 

21 regulations, policies, or procedures necessary to enable the 

22 entity to implement the plan. Notwithstanding any other 

23 provision of law, the Secretary of the affected department 

24 shall have the authority to waive any regulation, policy, 

25 or procedure promulgated by that department that has been 


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1 so identified by the entity or department, unless the Sec2 retary of the affected department determines that such a 

3 waiver is inconsistent with the objectives of this chapter or 

4 those provisions of the statute from which the program in5 volved derives authority that are specifically applicable to 

6 Indian students. 

7 ‘‘(f) PLAN APPROVAL.—Within 90 days after the re8 ceipt of an entity’s plan by the Secretary, the Secretary 

9 shall inform the entity, in writing, of the Secretary’s ap10 proval or disapproval of the plan. If the plan is dis11 approved, the entity shall be informed, in writing, of the 

12 reasons for the disapproval and shall be given an oppor13 tunity to amend the plan or to petition the Secretary to 

14 reconsider such disapproval. 

15 ‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU16 CATION.—The Secretary of Education, the Secretary of the 

17 Interior, and the head of any other Federal department or 

18 agency identified by the Secretary of Education, shall enter 

19 into an interdepartmental memorandum of agreement pro20 viding for the implementation and coordination of the dem21 onstration projects authorized under this section. The lead 

22 agency head for a demonstration project under this section 

23 shall be— 

24 ‘‘(1) the Secretary of the Interior, in the case of 

25 an entity meeting the definition of a contract or 


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1 grant school under title XI of the Education Amend2 ments of 1978; or 

3 ‘‘(2) the Secretary of Education, in the case of 

4 any other entity. 

5 ‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re6 sponsibilities of the lead agency shall include— 

7 ‘‘(1) the use of a single report format related to 

8 the plan for the individual project, which shall be 

9 used by an eligible entity to report on the activities 

10 undertaken under the project; 

11 ‘‘(2) the use of a single report format related to 

12 the projected expenditures for the individual project 

13 which shall be used by an eligible entity to report on 

14 all project expenditures; 

15 ‘‘(3) the development of a single system of Fed16 eral oversight for the project, which shall be imple17 mented by the lead agency; and 

18 ‘‘(4) the provision of technical assistance to an 

19 eligible entity appropriate to the project, except that 

20 an eligible entity shall have the authority to accept or 

21 reject the plan for providing such technical assistance 

22 and the technical assistance provider. 

23 ‘‘(i) REPORT REQUIREMENTS.—A single report format 

24 shall be developed by the Secretary, consistent with the re25 quirements of this section. Such report format shall require 


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1 that reports described in subsection (h), together with 

2 records maintained on the consolidated program at the local 

3 level, shall contain such information as will allow a deter4 mination that the eligible entity has complied with the re5 quirements incorporated in its approved plan, including 

6 making a demonstration of student academic achievement, 

7 and will provide assurances to each Secretary that the eligi8 ble entity has complied with all directly applicable statu9 tory requirements and with those directly applicable regu10 latory requirements that have not been waived. 

11 ‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall 

12 the amount of Federal funds available to an eligible entity 

13 involved in any demonstration project be reduced as a re14 sult of the enactment of this section. 

15 ‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.— 

16 The Secretary is authorized to take such action as may be 

17 necessary to provide for an interagency transfer of funds 

18 otherwise available to an eligible entity in order to further 

19 the objectives of this section. 

20 ‘‘(l) ADMINISTRATION OF FUNDS.— 

21 ‘‘(1) IN GENERAL.—Program funds for the con22 solidated programs shall be administered in such a 

23 manner as to allow for a determination that funds 

24 from a specific program are spent on allowable activi25 ties authorized under such program, except that the 


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1 eligible entity shall determine the proportion of the 

2 funds granted that shall be allocated to such program. 

3 ‘‘(2) SEPARATE RECORDS NOT REQUIRED.— 

4 Nothing in this section shall be construed as requiring 

5 the eligible entity to maintain separate records trac6 ing any services or activities conducted under the ap7 proved plan to the individual programs under which 

8 funds were authorized for the services or activities, 

9 nor shall the eligible entity be required to allocate ex10 penditures among such individual programs. 

11 ‘‘(m) OVERAGE.—The eligible entity may commingle 

12 all administrative funds from the consolidated programs 

13 and shall be entitled to the full amount of such funds (under 

14 each program’s or agency’s regulations). The overage (de15 fined as the difference between the amount of the commin16 gled funds and the actual administrative cost of the pro17 grams) shall be considered to be properly spent for Federal 

18 audit purposes, if the overage is used for the purposes pro19 vided for under this section. 

20 ‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this sub21 part shall be construed so as to interfere with the ability 

22 of the Secretary or the lead agency to fulfill the responsibil23 ities for the safeguarding of Federal funds pursuant to 

24 chapter 75 of title 31, United States Code. 


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1 ‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM

2 INTEGRATION.— 

3 ‘‘(1) IN GENERAL.—The Secretary of Education 

4 shall annually submit a report to the Committee on 

5 Health, Education, Labor, and Pensions and the 

6 Committee on Indian Affairs of the Senate, and the 

7 Committee on Education and the Workforce and the 

8 Committee on Natural Resources of the House of Rep9 resentatives on the status of the implementation of the 

10 demonstration projects authorized under this section. 

11 ‘‘(2) CONTENTS.—Such report shall identify— 

12 ‘‘(A) statutory barriers to the ability of par13 ticipants to more effectively integrate their edu14 cation and related services to Indian students in 

15 a manner consistent with the objectives of this 

16 section; and 

17 ‘‘(B) the effective practices for program in18 tegration that result in increased student 

19 achievement and other relevant outcomes for In20 dian students. 

21 ‘‘(p) DEFINITIONS.—For the purposes of this section, 

22 the term ‘Secretary’ means— 

23 ‘‘(1) the Secretary of the Interior, in the case of 

24 an entity meeting the definition of a contract or 


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1 grant school under title XI of the Education Amend2 ments of 1978; or 

3 ‘‘(2) the Secretary of Education, in the case of 

4 any other entity. 

5 ‘‘SEC. 1267. STUDENT ELIGIBILITY FORMS. 

6 ‘‘(a) IN GENERAL.—The Secretary shall require that, 

7 as part of an application for a grant under this chapter, 

8 each applicant shall maintain a file, with respect to each 

9 Indian child for whom the local educational agency pro10 vides a free public education, that contains a form that sets 

11 forth information establishing the status of the child as an 

12 Indian child eligible for assistance under this chapter, and 

13 that otherwise meets the requirements of subsection (b). 

14 ‘‘(b) FORMS.—The form described in subsection (a) 

15 shall include— 

16 ‘‘(1) either— 

17 ‘‘(A)(i) the name of the tribe or band of In18 dians (as defined in section 1291) with respect 

19 to which the child claims membership; 

20 ‘‘(ii) the enrollment number establishing the 

21 membership of the child (if readily available); 

22 and 

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1 bership data for such tribe or band of Indians; 

2 or 

3 ‘‘(B) the name, the enrollment number (if 

4 readily available), and the name and address of 

5 the organization responsible for maintaining up6 dated and accurate membership data, of any 

7 parent or grandparent of the child from whom 

8 the child claims eligibility under this chapter, if 

9 the child is not a member of the tribe or band 

10 of Indians (as so defined); 

11 ‘‘(2) a statement of whether the tribe or band of 

12 Indians (as so defined), with respect to which the 

13 child, or parent or grandparent of the child, claims 

14 membership, is federally recognized; 

15 ‘‘(3) the name and address of the parent or legal 

16 guardian of the child; and 

17 ‘‘(4) a signature of the parent or legal guardian 

18 of the child that verifies the accuracy of the informa19 tion supplied. 

20 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec21 tion shall be construed to affect a definition contained in 

22 section 1291. 

23 ‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms 

24 and the standards of proof (including the standard of good 

25 faith compliance) that were in use during the 1985–1986 


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1 academic year to establish the eligibility of a child for enti2 tlement under the Indian Elementary and Secondary 

3 School Assistance Act shall be the forms and standards of 

4 proof used— 

5 ‘‘(1) to establish eligibility under this chapter; 

6 and 

7 ‘‘(2) to meet the requirements of subsection (a). 

8 ‘‘(e) DOCUMENTATION.—For purposes of determining 

9 whether a child is eligible to be counted for the purpose of 

10 computing the amount of a grant award under section 

11 1263, the membership of the child, or any parent or grand12 parent of the child, in a tribe or band of Indians (as so 

13 defined) may be established by proof other than an enroll14 ment number, notwithstanding the availability of an enroll15 ment number for a member of such tribe or band. Nothing 

16 in subsection (b) shall be construed to require the furnishing 

17 of an enrollment number. 

18 ‘‘(f) MONITORING AND EVALUATION REVIEW.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) REVIEW.—For each fiscal year, in 

21 order to provide such information as is necessary 

22 to carry out the responsibility of the Secretary to 

23 provide technical assistance under this chapter, 

24 the Secretary shall conduct a monitoring and 

25 evaluation review of a sampling of the recipients 


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1 of grants under this chapter. The sampling con2 ducted under this subparagraph shall take into 

3 account the size of and the geographic location of 

4 each local educational agency. 

5 ‘‘(B) EXCEPTION.—A local educational 

6 agency may not be held liable to the United 

7 States or be subject to any penalty, by reason of 

8 the findings of an audit that relates to the date 

9 of completion, or the date of submission, of any 

10 forms used to establish, before April 28, 1988, the 

11 eligibility of a child for an entitlement under the 

12 Indian Elementary and Secondary School As13 sistance Act. 

14 ‘‘(2) FALSE INFORMATION.—Any local edu15 cational agency that provides false information in an 

16 application for a grant under this chapter shall— 

17 ‘‘(A) be ineligible to apply for any other 

18 grant under this chapter; and 

19 ‘‘(B) be liable to the United States for any 

20 funds from the grant that have not been ex21 pended. 

22 ‘‘(3) EXCLUDED CHILDREN.—A student who pro23 vides false information for the form required under 

24 subsection (a) shall not be counted for the purpose of 

25 computing the amount of a grant under section 1263. 


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1 ‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Not2 withstanding any other provision of this section, in calcu3 lating the amount of a grant under this chapter to a tribal 

4 school that receives a grant or contract from the Bureau 

5 of Indian Education, the Secretary shall use only one of 

6 the following, as selected by the school: 

7 ‘‘(1) A count of the number of students in the 

8 schools certified by the Bureau. 

9 ‘‘(2) A count of the number of students for whom 

10 the school has eligibility forms that comply with this 

11 section. 

12 ‘‘(h) TIMING OF CHILD COUNTS.—For purposes of de13 termining the number of children to be counted in calcu14 lating the amount of a local educational agency’s grant 

15 under this chapter (other than in the case described in sub16 section (g)(1)), the local educational agency shall— 

17 ‘‘(1) establish a date on, or a period not longer 

18 than 31 consecutive days during, which the agency 

19 counts those children, if that date or period occurs be20 fore the deadline established by the Secretary for sub21 mitting an application under section 1264; and 

22 ‘‘(2) determine that each such child was enrolled, 

23 and receiving a free public education, in a school of 

24 the agency on that date or during that period, as the 

25 case may be. 


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1 ‘‘SEC. 1268. PAYMENTS. 

2 ‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), 

3 the Secretary shall pay to each local educational agency 

4 that submits an application that is approved by the Sec5 retary under this chapter the amount determined under sec6 tion 1263. The Secretary shall notify the local educational 

7 agency of the amount of the payment not later than June 

8 1 of the year for which the Secretary makes the payment. 

9 ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE

10 STATE.—The Secretary may not make a grant under this 

11 chapter to a local educational agency for a fiscal year if, 

12 for such fiscal year, the State in which the local educational 

13 agency is located takes into consideration payments made 

14 under this chapter in determining the eligibility of the local 

15 educational agency for State aid, or the amount of the State 

16 aid, with respect to the free public education of children 

17 during such fiscal year or the preceding fiscal year. 

18 ‘‘(c) REALLOCATIONS.—The Secretary may reallocate, 

19 in a manner that the Secretary determines will best carry 

20 out the purpose of this chapter, any amounts that— 

21 ‘‘(1) based on estimates made by local edu22 cational agencies or other information, the Secretary 

23 determines will not be needed by such agencies to 

24 carry out approved programs under this chapter; or 

25 ‘‘(2) otherwise become available for reallocation 

26 under this chapter. 


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1 ‘‘SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW. 

2 ‘‘Before submitting an application to the Secretary 

3 under section 1264, a local educational agency shall submit 

4 the application to the State educational agency, which may 

5 comment on such application. If the State educational 

6 agency comments on the application, the agency shall com7 ment on all applications submitted by local educational 

8 agencies in the State and shall provide those comments to 

9 the respective local educational agencies, with an oppor10 tunity to respond. 

11 ‘‘CHAPTER B—SPECIAL PROGRAMS AND 

12 PROJECTS TO IMPROVE EDUCATIONAL 

13 OPPORTUNITIES FOR INDIAN CHIL14 DREN 

15 ‘‘SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNI16 TIES FOR INDIAN CHILDREN. 

17 ‘‘(a) PURPOSE.— 

18 ‘‘(1) IN GENERAL.—It is the purpose of this sec19 tion to support projects to develop, test, and dem20 onstrate the effectiveness of services and programs to 

21 improve educational opportunities and achievement of 

22 Indian children. 

23 ‘‘(2) COORDINATION.—The Secretary shall take 

24 the necessary actions to achieve the coordination of 

25 activities assisted under this chapter with— 


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1 ‘‘(A) other programs funded under this Act; 

2 and 

3 ‘‘(B) other Federal programs operated for 

4 the benefit of American Indian and Alaska Na5 tive children. 

6 ‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 

7 ‘eligible entity’ means a State educational agency, local 

8 educational agency, Indian tribe, Indian organization, fed9 erally supported elementary school or secondary school for 

10 Indian students, Indian institution (including an Indian 

11 institution of higher education), or a consortium of such 

12 entities. 

13 ‘‘(c) GRANTS AUTHORIZED.— 

14 ‘‘(1) IN GENERAL.—From amounts appropriated 

15 under section 3(a)(1), the Secretary shall reserve 0.2 

16 of one percent to award grants to eligible entities to 

17 enable such entities to carry out activities under this 

18 section and section 1272. 

19 ‘‘(2) USES OF FUNDS.—An eligible entity that 

20 receives a grant under this section shall use the funds 

21 for one or more activities, including— 

22 ‘‘(A) innovative programs related to the 

23 educational needs of educationally disadvantaged 

24 children; 


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1 ‘‘(B) educational services that are not avail2 able to such children in sufficient quantity or 

3 quality, including remedial instruction, to raise 

4 the achievement of Indian children in one or 

5 more of the core academic subjects; 

6 ‘‘(C) bilingual and bicultural programs and 

7 projects; 

8 ‘‘(D) special health and nutrition services, 

9 and other related activities, that address the spe10 cial health, social, and psychological problems of 

11 Indian children; 

12 ‘‘(E) special compensatory and other pro13 grams and projects designed to assist and en14 courage Indian children to enter, remain in, or 

15 reenter school, and to increase the rate of high 

16 school graduation for Indian children; 

17 ‘‘(F) comprehensive guidance, counseling, 

18 and testing services; 

19 ‘‘(G) early childhood and kindergarten pro20 grams, including family-based preschool pro21 grams that emphasize school readiness and pa22 rental skills, and the provision of services to In23 dian children with disabilities; 

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1 cation that allow secondary school students to 

2 enroll in courses at the postsecondary level to aid 

3 such students in the transition from secondary to 

4 postsecondary education; 

5 ‘‘(I) partnership projects between schools 

6 and local businesses for career preparation pro7 grams designed to provide Indian youth with the 

8 knowledge and skills such youth need to make an 

9 effective transition from school to a high-skill, 

10 high-wage career; 

11 ‘‘(J) programs designed to encourage and 

12 assist Indian students to work toward, and gain 

13 entrance into, an institution of higher education; 

14 ‘‘(K) family literacy services; 

15 ‘‘(L) activities that recognize and support 

16 the unique cultural and educational needs of In17 dian children, and incorporate appropriately 

18 qualified tribal elders and seniors; or 

19 ‘‘(M) other services that meet the purpose 

20 described in this section. 

21 ‘‘(3) PROFESSIONAL DEVELOPMENT.—Evidence 

22 based professional development of teaching profes23 sionals and paraprofessionals may be a part of any 

24 program assisted under this section. 

25 ‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— 


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1 ‘‘(1) GRANT REQUIREMENTS.— 

2 ‘‘(A) IN GENERAL.—The Secretary may 

3 make multiyear grants under subsection (c) for 

4 the planning, development, pilot operation, or 

5 demonstration of any activity described in sub6 section (c) for a period not to exceed 5 years. 

7 ‘‘(B) PRIORITY.—In making multiyear 

8 grants described in this paragraph, the Secretary 

9 shall give priority to entities submitting applica10 tions that present a plan for combining two or 

11 more of the activities described in subsection (c) 

12 over a period of more than 1 year. 

13 ‘‘(C) PROGRESS.—The Secretary shall make 

14 a grant payment for a grant described in this 

15 paragraph to an eligible entity after the initial 

16 year of the multiyear grant only if the Secretary 

17 determines that the eligible entity has made sub18 stantial progress in carrying out the activities 

19 assisted under the grant in accordance with the 

20 application submitted under paragraph (3) and 

21 any subsequent modifications to such applica22 tion. 

23 ‘‘(2) DISSEMINATION GRANTS.— 

24 ‘‘(A) IN GENERAL.—In addition to award25 ing the multiyear grants described in paragraph 


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1 (1), the Secretary may award grants under sub2 section (c) to eligible entities for the dissemina3 tion of exemplary materials or programs assisted 

4 under this section. 

5 ‘‘(B) DETERMINATION.—The Secretary may 

6 award a dissemination grant described in this 

7 paragraph if, prior to awarding the grant, the 

8 Secretary determines that the material or pro9 gram to be disseminated— 

10 ‘‘(i) has been adequately reviewed; 

11 ‘‘(ii) has demonstrated educational 

12 merit; and 

13 ‘‘(iii) can be replicated. 

14 ‘‘(3) APPLICATION.— 

15 ‘‘(A) IN GENERAL.—Any eligible entity that 

16 desires to receive a grant under this section shall 

17 submit an application to the Secretary at such 

18 time and in such manner as the Secretary may 

19 reasonably require. 

20 ‘‘(B) CONTENTS.—Each application sub21 mitted to the Secretary under subparagraph (A), 

22 other than an application for a dissemination 

23 grant under paragraph (2), shall contain— 

24 ‘‘(i) a description of how parents of In25 dian children and representatives of Indian 


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1 tribes have been, and will be, involved in 

2 developing and implementing the activities 

3 for which assistance is sought; 

4 ‘‘(ii) assurances that the applicant will 

5 participate, at the request of the Secretary, 

6 in any national evaluation of activities as7 sisted under this section; 

8 ‘‘(iii) information demonstrating that 

9 the proposed program for the activities is 

10 an evidence-based program, which may in11 clude a program that has been modified to 

12 be culturally appropriate for students who 

13 will be served; and 

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. 

18 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per19 cent of the funds provided to a grantee under this chapter 

20 for any fiscal year may be used for administrative pur21 poses. 

22 ‘‘SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS 

23 AND EDUCATION PROFESSIONALS. 

24 ‘‘(a) PURPOSES.—The purposes of this section are— 


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1 ‘‘(1) to increase the number of qualified Indian 

2 teachers, school leaders, or other education profes3 sionals serving Indian students, including through re4 cruitment strategies; 

5 ‘‘(2) to provide training to qualified Indian in6 dividuals to enable such individuals to become effec7 tive teachers, school leaders, administrators, teacher 

8 aides, social workers, and ancillary educational per9 sonnel; 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 sec14 tion, 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 from funds reserved under section 


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1 1271(c)(1) to eligible entities having applications approved 

2 under this section to enable those entities to carry out the 

3 activities described in subsection (d). 

4 ‘‘(d) AUTHORIZED ACTIVITIES.— 

5 ‘‘(1) IN GENERAL.—Grant funds under this sec6 tion shall be used for activities to provide support 

7 and training for Indian individuals in a manner 

8 consistent with the purposes of this section. 

9 ‘‘(2) SPECIAL RULES.— 

10 ‘‘(A) TYPE OF TRAINING.—For education 

11 personnel, the training received pursuant to a 

12 grant under this section may be inservice or 

13 preservice training. 

14 ‘‘(B) PROGRAM.—For individuals who are 

15 being trained to enter any education-related field 

16 other than teaching, the training received pursu17 ant to a grant under this section shall be in a 

18 program that results in a graduate degree. 

19 ‘‘(e) APPLICATION.—Each eligible entity desiring a 

20 grant under this section shall submit an application to the 

21 Secretary at such time and in such manner as the Secretary 

22 may reasonably require. An application shall include how 

23 the eligible entity will— 


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1 ‘‘(1) recruit qualified Indian individuals, such 

2 as students who may not be of traditional college age, 

3 to become teachers or school leaders; 

4 ‘‘(2) use funds made available under the grant to 

5 support the recruitment, preparation, and profes6 sional development of Indian teachers or school lead7 ers in local educational agencies that serve a high 

8 proportion of Indian students; and 

9 ‘‘(3) assist participants in meeting the require10 ments under subsection (h). 

11 ‘‘(f) SPECIAL RULE.—In awarding grants under this 

12 section, the Secretary— 

13 ‘‘(1) shall consider the prior performance of the 

14 eligible entity; and 

15 ‘‘(2) may not limit eligibility to receive a grant 

16 under this section on the basis of— 

17 ‘‘(A) the number of previous grants the Sec18 retary has awarded such entity; or 

19 ‘‘(B) the length of any period during which 

20 such entity received such grants. 

21 ‘‘(g) GRANT PERIOD.—Each grant under this section 

22 shall be awarded for an initial period of not more than 

23 three years, and may be renewed for not more than an addi24 tional two years if the Secretary finds that the grantee is 

25 meeting the grant objectives. 


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1 ‘‘(h) SERVICE OBLIGATION.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall require, 

3 by regulation, that an individual who receives train4 ing pursuant to a grant made under this section— 

5 ‘‘(A) perform work— 

6 ‘‘(i) related to the training received 

7 under this section; and 

8 ‘‘(ii) that benefits Indian people; or 

9 ‘‘(B) repay all or a prorated part of the as10 sistance received. 

11 ‘‘(2) REPORTING.—The Secretary shall establish, 

12 by regulation, a reporting procedure under which a 

13 grant recipient under this section shall, not later than 

14 12 months after the date of completion of the train15 ing, and periodically thereafter, provide information 

16 concerning compliance with the work requirement 

17 under paragraph (1). 

18 ‘‘CHAPTER C—FEDERAL ADMINISTRATION 

19 ‘‘SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDU20 CATION. 

21 ‘‘(a) MEMBERSHIP.—There is established a National 

22 Advisory Council on Indian Education (hereafter in this 

23 section referred to as the ‘Council’), which shall— 

24 ‘‘(1) consist of 15 Indian members, who shall be 

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1 nished, from time to time, by Indian tribes and orga2 nizations; and 

3 ‘‘(2) represent different geographic areas of the 

4 United States. 

5 ‘‘(b) DUTIES.—The Council shall— 

6 ‘‘(1) advise the Secretary concerning the funding 

7 and administration (including the development of 

8 regulations and administrative policies and practices) 

9 of any program, including any program established 

10 under this subpart— 

11 ‘‘(A) with respect to which the Secretary has 

12 jurisdiction; and 

13 ‘‘(B)(i) that includes Indian children or 

14 adults as participants; or 

15 ‘‘(ii) that may benefit Indian children or 

16 adults; 

17 ‘‘(2) make recommendations to the Secretary for 

18 filling the position of Director of Indian Education 

19 whenever a vacancy occurs; and 

20 ‘‘(3) submit to Congress, not later than June 30 

21 of each year, a report on the activities of the Council, 

22 including— 

23 ‘‘(A) any recommendations that the Council 

24 considers appropriate for the improvement of 

25 Federal education programs that include Indian 


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1 children or adults as participants, or that may 

2 benefit Indian children or adults; and 

3 ‘‘(B) recommendations concerning the fund4 ing of any program described in subparagraph 

5 (A). 

6 ‘‘SEC. 1282. PEER REVIEW. 

7 ‘‘The Secretary may use a peer review process to re8 view applications submitted to the Secretary under chapter 

9 B. 

10 ‘‘SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS. 

11 ‘‘In making grants and entering into contracts or co12 operative agreements under chapter B, the Secretary shall 

13 give a preference to Indian tribes, organizations, and insti14 tutions of higher education under any program with respect 

15 to which Indian tribes, organizations, and institutions are 

16 eligible to apply for grants, contracts, or cooperative agree17 ments. 

18 ‘‘SEC. 1284. MINIMUM GRANT CRITERIA. 

19 ‘‘The Secretary may not approve an application for 

20 a grant, contract, or cooperative agreement under chapter 

21 B unless the application is for a grant, contract, or coopera22 tive agreement that is— 

23 ‘‘(1) of sufficient size, scope, and quality to 

24 achieve the purpose or objectives of such grant, con25 tract, or cooperative agreement; and 


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1 ‘‘(2) based on relevant research findings. 

2 ‘‘CHAPTER D—DEFINITIONS 

3 ‘‘SEC. 1291. DEFINITIONS. 

4 ‘‘For the purposes of this subpart: 

5 ‘‘(1) ADULT.—The term ‘adult’ means an indi6 vidual who— 

7 ‘‘(A) has attained the age of 16 years; or 

8 ‘‘(B) has attained an age that is greater 

9 than the age of compulsory school attendance 

10 under an applicable State law. 

11 ‘‘(2) ALASKA NATIVE.—The term ‘Alaska Native’ 

12 has the same meaning as the term ‘Native’ has in sec13 tion 3(b) of the Alaska Native Claims Settlement Act. 

14 ‘‘(3) FREE PUBLIC EDUCATION.—The term ‘free 

15 public education’ means education that is— 

16 ‘‘(A) provided at public expense, under pub17 lic supervision and direction, and without tui18 tion charge; and 

19 ‘‘(B) provided as elementary or secondary 

20 education in the applicable State or to preschool 

21 children. 

22 ‘‘(4) INDIAN.—The term ‘Indian’ means an indi23 vidual who is— 


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1 ‘‘(A) a member of an Indian tribe or band, 

2 as membership is defined by the tribe or band, 

3 including— 

4 ‘‘(i) any tribe or band terminated since 

5 1940; and 

6 ‘‘(ii) any tribe or band recognized by 

7 the State in which the tribe or band resides; 

8 ‘‘(B) a descendant, in the first or second de9 gree, of an individual described in subparagraph 

10 (A); 

11 ‘‘(C) considered by the Secretary of the Inte12 rior to be an Indian for any purpose; 

13 ‘‘(D) an Eskimo, Aleut, or other Alaska Na14 tive; or 

15 ‘‘(E) a member of an organized Indian 

16 group that received a grant under the Indian 

17 Education Act of 1988 as in effect the day pre18 ceding the date of enactment of the Improving 

19 America’s Schools Act of 1994.’’. 

20 (b) STRIKE.—The Act is amended by striking title VII 

21 (20 U.S.C. 7401 et seq.). 

22 Subtitle D—National Assessment 

23 SEC. 141. NATIONAL ASSESSMENT OF TITLE I. 

24 (a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 

25 et seq.) is redesignated as part B of title I. 


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1 (b) REPEALS.—Sections 1502 and 1504 (20 U.S.C. 

2 6492; 6494) are repealed. 

3 (c) REDESIGNATIONS.—Sections 1501 and 1503 (20 

4 U.S.C. 6491; 6493) are redesignated as sections 1301 and 

5 1302, respectively. 

6 (d) AMENDMENTS TO SECTION 1301.—Section 1301 

7 (20 U.S.C. 6491), as so redesignated, is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1), by inserting ‘‘, acting 

10 through the Director of the Institute of Edu11 cation Sciences (in this section and section 1302 

12 referred to as the ‘Director’),’’ after ‘‘The Sec13 retary’’; 

14 (B) in paragraph (2)— 

15 (i) by striking ‘‘Secretary’’ and insert16 ing ‘‘Director’’; 

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

18 ‘‘reaching the proficient level’’ and all that 

19 follows and inserting ‘‘graduating high 

20 school prepared for postsecondary education 

21 or the workforce.’’; 

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

23 ‘‘reach the proficient’’ and all that follows 

24 and inserting ‘‘meet State academic stand25 ards.’’; 


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1 (iv) by striking subparagraphs (D) 

2 and (G) and redesignating subparagraphs 

3 (E), (F), and (H) through (O) as subpara4 graphs (D) through (M), respectively; 

5 (v) in subparagraph (D)(v) (as so re6 designated), by striking ‘‘help schools in 

7 which’’ and all that follows and inserting 

8 ‘‘address disparities in the percentages of ef9 fective teachers teaching in low-income 

10 schools.’’ 

11 (vi) in subparagraph (G) (as so redes12 ignated)— 

13 (I) by striking ‘‘section 1116’’ and 

14 inserting ‘‘section 1111(b)(3)(B)(iii)’’; 

15 and 

16 (II) by striking ‘‘, including the 

17 following’’ and all that follows and in18 serting a period; 

19 (vii) in subparagraph (I) (as so redes20 ignated), by striking ‘‘qualifications’’ and 

21 inserting ‘‘effectiveness’’; 

22 (viii) in subparagraph (J) (as so redes23 ignated), by striking ‘‘, including funds 

24 under section 1002,’’; 


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1 (ix) in subparagraph (L) (as so redes2 ignated), by striking ‘‘section 

3 1111(b)(2)(C)(v)(II)’’ and inserting ‘‘section 

4 1111(b)(3)(B)(ii)(II)’’; and 

5 (x) in subparagraph (M) (as so redes6 ignated), by striking ‘‘Secretary’’ and in7 serting ‘‘Director’’; 

8 (C) in paragraph (3), by striking ‘‘Sec9 retary’’ and inserting ‘‘Director’’; 

10 (D) in paragraph (4), by striking ‘‘Sec11 retary’’ and inserting ‘‘Director’’; 

12 (E) in paragraph (5), by striking ‘‘Sec13 retary’’ and inserting ‘‘Director’’; and 

14 (F) in paragraph (6)— 

15 (i) by striking ‘‘No Child Left Behind 

16 Act of 2001’’ each place it appears and in17 serting ‘‘Student Success Act’’; and 

18 (ii) by striking ‘‘Secretary’’ each place 

19 it appears and inserting ‘‘Director’’; 

20 (2) in subsection (b), by striking ‘‘Secretary’’ 

21 each place it appears and inserting ‘‘Director’’; 

22 (3) in subsection (c)— 

23 (A) in paragraph (1)— 

24 (i) by striking ‘‘Secretary’’ and insert25 ing ‘‘Director’’; and 


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1 (ii) by striking ‘‘part A’’ and inserting 

2 ‘‘subpart 1 of part A’’; 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘Secretary’’ and insert5 ing ‘‘Director’’; 

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

7 ‘‘challenging academic achievement stand8 ards’’ and inserting ‘‘State academic stand9 ards’’; 

10 (iii) in subparagraph (E), by striking 

11 ‘‘effects of the availability’’ and all that fol12 lows and inserting ‘‘extent to which actions 

13 authorized under section 1111(b)(3)(B)(iii) 

14 improve the academic achievement of dis15 advantaged students and low-performing 

16 schools.’’; and 

17 (iv) in subparagraph (F), by striking 

18 ‘‘Secretary’’ and inserting ‘‘Director’’; and 

19 (C) in paragraph (3)— 

20 (i) by striking ‘‘Secretary’’ and insert21 ing ‘‘Director’’; and 

22 (ii) by striking subparagraph (C) and 

23 inserting the following: 


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1 ‘‘(C) analyzes varying models or strategies 

2 for delivering school services, including 

3 schoolwide and targeted services.’’; and 

4 (4) in subsection (d), by striking ‘‘Secretary’’ 

5 each place it appears and inserting ‘‘Director’’. 

6 (e) AMENDMENTS TO SECTION 1302.—Section 1302 

7 (20 U.S.C. 6493), as so redesignated, is amended— 

8 (1) in subsection (a)— 

9 (A) by striking ‘‘Secretary’’ and inserting 

10 ‘‘Director’’; and 

11 (B) by striking ‘‘and for making decisions 

12 about the promotion and graduation of stu13 dents’’; 

14 (2) in subsection (b)— 

15 (A) by striking ‘‘Secretary’’ the first place 

16 it appears and inserting ‘‘Director’’; 

17 (B) by striking ‘‘process,’’ and inserting 

18 ‘‘process consistent with section 1206,’’; and 

19 (C) by striking ‘‘Assistant Secretary of 

20 Educational Research and Improvement’’ and 

21 inserting ‘‘Director’’; 

22 (3) in subsection (d)— 

23 (A) in paragraph (1)— 

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

25 ‘‘to the State-defined level of proficiency’’ 


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1 and inserting ‘‘toward meeting the State 

2 academic standards’’; and 

3 (ii) in subparagraph (C), by striking 

4 ‘‘pupil-services’’ and inserting ‘‘specialized 

5 instructional support services’’; 

6 (B) in paragraph (3), by striking ‘‘limited 

7 and nonlimited English proficient students’’ and 

8 inserting ‘‘English learners’’; and 

9 (C) in paragraph (6), by striking ‘‘Sec10 retary’’ and inserting ‘‘Director’’; and 

11 (4) in subsection (f)— 

12 (A) by striking ‘‘Secretary’’ and inserting 

13 ‘‘Director’’; and 

14 (B) by striking ‘‘authorized to be appro15 priated for this part’’ and inserting ‘‘appro16 priated under section 3(a)(2)’’. 

17 Subtitle E—Title I General 

18 Provisions 

19 SEC. 151. GENERAL PROVISIONS FOR TITLE I. 

20 Part I of title I (20 U.S.C. 6571 et seq.)— 

21 (1) is transferred to appear after part B (as re22 designated); and 

23 (2) is amended to read as follows: 


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1 ‘‘PART C—GENERAL PROVISIONS 

2 ‘‘SEC. 1401. FEDERAL REGULATIONS. 

3 ‘‘(a) IN GENERAL.—The Secretary may, in accordance 

4 with subsections (b) through (d), issue such regulations as 

5 are necessary to reasonably ensure there is compliance with 

6 this title. 

7 ‘‘(b) NEGOTIATED RULEMAKING PROCESS.— 

8 ‘‘(1) IN GENERAL.—Before publishing in the 

9 Federal Register proposed regulations to carry out 

10 this title, the Secretary shall obtain the advice and 

11 recommendations of representatives of Federal, State, 

12 and local administrators, parents, teachers, and mem13 bers of local school boards and other organizations in14 volved with the implementation and operation of pro15 grams under this title. 

16 ‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.— 

17 Such advice and recommendations may be obtained 

18 through such mechanisms as regional meetings and 

19 electronic exchanges of information. 

20 ‘‘(3) PROPOSED REGULATIONS.—After obtaining 

21 such advice and recommendations, and before pub22 lishing proposed regulations, the Secretary shall— 

23 ‘‘(A) establish a negotiated rulemaking 

24 process; 

25 ‘‘(B) select individuals to participate in 

26 such process from among individuals or groups 


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1 that provided advice and recommendations, in2 cluding representation from all geographic re3 gions of the United States, in such numbers as 

4 will provide an equitable balance between rep5 resentatives of parents and students and rep6 resentatives of educators and education officials; 

7 and 

8 ‘‘(C) prepare a draft of proposed policy op9 tions that shall be provided to the individuals se10 lected by the Secretary under subparagraph (B) 

11 not less than 15 days before the first meeting 

12 under such process. 

13 ‘‘(c) PROPOSED RULEMAKING.—If the Secretary deter14 mines that a negotiated rulemaking process is unnecessary 

15 or the individuals selected to participate in the process 

16 under paragraph (3)(B) fail to reach unanimous agree17 ment, the Secretary may propose regulations under the fol18 lowing procedure: 

19 ‘‘(1) Not less than 30 days prior to beginning a 

20 rulemaking process, the Secretary shall provide to 

21 Congress, including the Committee on Education and 

22 the Workforce of the House of Representatives and the 

23 Committee on Health, Education, Labor, and Pen24 sions of the Senate, notice that shall include— 

25 ‘‘(A) a copy of the proposed regulations; 


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1 ‘‘(B) the need to issue regulations; 

2 ‘‘(C) the anticipated burden, including the 

3 time, cost, and paperwork burden, the regula4 tions will have on State educational agencies, 

5 local educational agencies, schools, and other en6 tities that may be impacted by the regulations; 

7 and 

8 ‘‘(D) any regulations that will be repealed 

9 when the new regulations are issued. 

10 ‘‘(2) 30 days after giving notice of the proposed 

11 rule to Congress, the Secretary may proceed with the 

12 rulemaking process after all comments received from 

13 the Congress have been addressed and publishing how 

14 such comments are addressed with the 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 under 

23 paragraph (1); and 


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1 ‘‘(B) publish the length of the comment and 

2 review period in such notice and in the Federal 

3 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 of— 

8 ‘‘(A) the burden, including the time, cost, 

9 and paperwork burden, the regulation will im10 pose on State educational agencies, local edu11 cational agencies, schools and other entities that 

12 may be impacted by the regulation; and 

13 ‘‘(B) an explanation of how the entities de14 scribed in subparagraph (A) may cover the cost 

15 of the burden assessed under subparagraph (A). 

16 ‘‘(d) LIMITATION.—Regulations to carry out this title 

17 may not require local programs to follow a particular in18 structional model, such as the provision of services outside 

19 the regular classroom or school program. 

20 ‘‘SEC. 1402. AGREEMENTS AND RECORDS. 

21 ‘‘(a) AGREEMENTS.—In the case in which a negotiated 

22 rule making process is established under subsection (b) of 

23 section 1401, all published proposed regulations shall con24 form to agreements that result from the rulemaking deVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 scribed in section 1401 unless the Secretary reopens the ne2 gotiated rulemaking process. 

3 ‘‘(b) RECORDS.—The Secretary shall ensure that an 

4 accurate and reliable record of agreements reached during 

5 the negotiations process is maintained. 

6 ‘‘SEC. 1403. STATE ADMINISTRATION. 

7 ‘‘(a) RULEMAKING.— 

8 ‘‘(1) IN GENERAL.—Each State that receives 

9 funds under this title shall— 

10 ‘‘(A) ensure that any State rules, regula11 tions, and policies relating to this title conform 

12 to the purposes of this title and provide any such 

13 proposed rules, regulations, and policies to the 

14 committee of practitioners created under sub15 section (b) for review and comment; 

16 ‘‘(B) minimize such rules, regulations, and 

17 policies to which the State’s local educational 

18 agencies and schools are subject; 

19 ‘‘(C) eliminate or modify State and local 

20 fiscal accounting requirements in order to facili21 tate the ability of schools to consolidate funds 

22 under schoolwide programs; 

23 ‘‘(D) identify any such rule, regulation, or 

24 policy as a State-imposed requirement; and 


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1 ‘‘(E)(i) identify any duplicative or con2 trasting requirements between the State and Fed3 eral rules or regulations; 

4 ‘‘(ii) eliminate the rules and regulations 

5 that are duplicative of Federal requirements; and 

6 ‘‘(iii) report any conflicting requirements to 

7 the Secretary and determine which Federal or 

8 State rule or regulation shall be followed. 

9 ‘‘(2) SUPPORT AND FACILITATION.—State rules, 

10 regulations, and policies under this title shall support 

11 and facilitate local educational agency and school12 level systemic reform designed to enable all children 

13 to meet the State academic standards. 

14 ‘‘(b) COMMITTEE OF PRACTITIONERS.— 

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

16 agency that receives funds under this title shall create 

17 a State committee of practitioners to advise the State 

18 in carrying out its responsibilities under this title. 

19 ‘‘(2) MEMBERSHIP.—Each such committee shall 

20 include— 

21 ‘‘(A) as a majority of its members, rep22 resentatives from local educational agencies; 

23 ‘‘(B) administrators, including the admin24 istrators of programs described in other parts of 

25 this title; 


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1 ‘‘(C) teachers from public charter schools, 

2 traditional public schools, and career and tech3 nical educators; 

4 ‘‘(D) parents; 

5 ‘‘(E) members of local school boards; 

6 ‘‘(F) representatives of private school chil7 dren; and 

8 ‘‘(G) specialized instructional support per9 sonnel. 

10 ‘‘(3) DUTIES.—The duties of such committee 

11 shall include a review, before publication, of any pro12 posed or final State rule or regulation pursuant to 

13 this title. In an emergency situation where such rule 

14 or regulation must be issued within a very limited 

15 time to assist local educational agencies with the op16 eration of the program under this title, the State edu17 cational agency may issue a regulation without prior 

18 consultation, but shall immediately thereafter convene 

19 the State committee of practitioners to review the 

20 emergency regulation before issuance in final form. 

21 ‘‘SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED 

22 SPENDING. 

23 ‘‘Nothing in this title shall be construed to mandate 

24 equalized spending per pupil for a State, local educational 

25 agency, or school.’’. 


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1 TITLE II—TEACHER PREPARA2 TION AND EFFECTIVENESS 

3 SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS. 

4 (a) HEADING.—The title heading for title II (20 

5 U.S.C. 6601 et seq.) is amended to read as follows: 

6 ‘‘TITLE II—TEACHER PREPARA7 TION AND EFFECTIVENESS’’. 

8 (b) PART A.—Part A of title II (20 U.S.C. 6601 et 

9 seq.) is amended to read as follows: 

10 ‘‘PART A—SUPPORTING EFFECTIVE INSTRUCTION 

11 ‘‘SEC. 2101. PURPOSE. 

12 ‘‘The purpose of this part is to provide grants to State 

13 educational agencies and subgrants to local educational 

14 agencies to— 

15 ‘‘(1) increase student achievement consistent with 

16 State academic standards under section 1111(b)(1); 

17 ‘‘(2) improve teacher and school leader effective18 ness in classrooms and schools, respectively; 

19 ‘‘(3) provide evidence-based, job-embedded, con20 tinuous professional development; and 

21 ‘‘(4) develop and implement teacher evaluation 

22 systems that use, in part, student achievement data to 

23 determine teacher effectiveness. 


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1 ‘‘Subpart 1—Grants to States 

2 ‘‘SEC. 2111. ALLOTMENTS TO STATES. 

3 ‘‘(a) IN GENERAL.—Of the amounts appropriated 

4 under section 3(b), the Secretary shall reserve 75 percent 

5 to make grants to States with applications approved under 

6 section 2112 to pay for the Federal share of the cost of car7 rying out the activities specified in section 2113. Each 

8 grant shall consist of the allotment determined for a State 

9 under subsection (b). 

10 ‘‘(b) DETERMINATION OF ALLOTMENTS.— 

11 ‘‘(1) RESERVATION OF FUNDS.—Of the amount 

12 reserved under subsection (a) for a fiscal year, the 

13 Secretary shall reserve— 

14 ‘‘(A) not more than 1 percent to carry out 

15 national activities under section 2132; 

16 ‘‘(B) one-half of 1 percent for allotments to 

17 outlying areas on the basis of their relative need, 

18 as determined by the Secretary, in accordance 

19 with the purpose of this part; and 

20 ‘‘(C) one-half of 1 percent for the Secretary 

21 of the Interior for programs under this part in 

22 schools operated or funded by the Bureau of In23 dian Education. 

24 ‘‘(2) STATE ALLOTMENTS.— 

25 ‘‘(A) IN GENERAL.—Subject to subpara26 graph (B), from the funds reserved under subVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 section (a) for any fiscal year and not reserved 

2 under paragraph (1), the Secretary shall allot to 

3 each State the sum of— 

4 ‘‘(i) an amount that bears the same re5 lationship to 50 percent of the funds as the 

6 number of individuals age 5 through 17 in 

7 the State, as determined by the Secretary on 

8 the basis of the most recent satisfactory 

9 data, bears to the number of those individ10 uals in all such States, as so determined; 

11 and 

12 ‘‘(ii) an amount that bears the same 

13 relationship to 50 percent of the funds as 

14 the number of individuals age 5 through 17 

15 from families with incomes below the pov16 erty line in the State, as determined by the 

17 Secretary on the basis of the most recent 

18 satisfactory data, bears to the number of 

19 those individuals in all such States, as so 

20 determined. 

21 ‘‘(B) SMALL STATE MINIMUM.—No State re22 ceiving an allotment under subparagraph (A) 

23 may receive less than one-half of 1 percent of the 

24 total amount of funds allotted under such sub25 paragraph for a fiscal year. 


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1 ‘‘(c) ALTERNATE DISTRIBUTION OF FUNDS.— 

2 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

3 through (5), if a State does not apply to the Secretary 

4 for an allotment under this section, a local edu5 cational agency located in such State may apply to 

6 the Secretary for a portion of the funds that would 

7 have been allotted to the State had such State applied 

8 for an allotment under this section to carry out the 

9 activities under this part. 

10 ‘‘(2) APPLICATION.—In order to receive an allot11 ment under paragraph (1), a local educational agency 

12 shall submit to the Secretary an application at such 

13 time, in such manner, and containing the informa14 tion described in section 2122. 

15 ‘‘(3) USE OF FUNDS.—A local educational agen16 cy receiving an allotment under paragraph (1)— 

17 ‘‘(A) shall use such funds to carry out the 

18 activities described in section 2123(1); and 

19 ‘‘(B) may use such funds to carry out the 

20 activities described in section 2123(2). 

21 ‘‘(4) REPORTING REQUIREMENTS.—A local edu22 cational agency receiving an allotment under para23 graph (1) shall carry out the reporting requirements 

24 described in section 2131(a), except that annual reVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 ports shall be submitted to the Secretary and not a 

2 State educational agency. 

3 ‘‘(5) AMOUNT OF ALLOTMENT.—An allotment 

4 made to a local educational agency under paragraph 

5 (1) for a fiscal year shall be equal to the amount of 

6 subgrant funds that the local educational agency 

7 would have received under subpart 2 had such agency 

8 applied for a subgrant under such subpart for such 

9 fiscal year. 

10 ‘‘(d) REALLOTMENT.—If a State does not apply for an 

11 allotment under this section for any fiscal year or only a 

12 portion of the State’s allotment is allotted under subsection 

13 (c), the Secretary shall reallot the State’s entire allotment 

14 or the remaining portion of its allotment, as the case may 

15 be, to the remaining States in accordance with subsection 

16 (b). 

17 ‘‘SEC. 2112. STATE APPLICATION. 

18 ‘‘(a) IN GENERAL.—For a State to be eligible to receive 

19 a grant under this subpart, the State educational agency 

20 shall submit an application to the Secretary at such time 

21 and in such a manner as the Secretary may reasonably 

22 require, which shall include the following: 

23 ‘‘(1) A description of how the State educational 

24 agency will meet the requirements of this subpart. 


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1 ‘‘(2) A description of how the State educational 

2 agency will use a grant received under section 2111, 

3 including the grant funds the State will reserve for 

4 State-level activities under section 2113(a)(2). 

5 ‘‘(3) A description of how the State educational 

6 agency will facilitate the sharing of evidence-based 

7 and other effective strategies among local educational 

8 agencies. 

9 ‘‘(4) A description of how, and under what 

10 timeline, the State educational agency will allocate 

11 subgrants under subpart 2 to local educational agen12 cies. 

13 ‘‘(5) In the case of a State educational agency 

14 that is not developing or implementing a statewide 

15 teacher evaluation system, a description of how the 

16 State educational agency will ensure that each local 

17 educational agency in the State receiving a subgrant 

18 under subpart 2 will implement a teacher evaluation 

19 system that meets the requirements of clauses (i) 

20 through (v) of section 2123(1)(A). 

21 ‘‘(6) In the case of a State educational agency 

22 that is developing or implementing a statewide teach23 er evaluation system— 

24 ‘‘(A) a description of how the State edu25 cational agency will work with local educational 


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1 agencies in the State to implement the statewide 

2 teacher evaluation system within 3 years of the 

3 date of enactment of the Student Success Act; 

4 and 

5 ‘‘(B) an assurance that the statewide teach6 er evaluation system complies with clauses (i) 

7 through (v) of section 2123(1)(A). 

8 ‘‘(7) An assurance that the State educational 

9 agency will comply with section 5501 (regarding par10 ticipation by private school children and teachers). 

11 ‘‘(b) DEEMED APPROVAL.—An application submitted 

12 by a State educational agency under subsection (a) shall 

13 be deemed to be approved by the Secretary unless the Sec14 retary makes a written determination, prior to the expira15 tion of the 120-day period beginning on the date on which 

16 the Secretary received the application, that the application 

17 is not in compliance with this subpart. 

18 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally 

19 disapprove an application, except after giving the State 

20 educational agency notice and an opportunity for a hear21 ing. 

22 ‘‘(d) NOTIFICATION.—If the Secretary finds that an 

23 application is not in compliance, in whole or in part, with 

24 this subpart, the Secretary shall— 


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1 ‘‘(1) give the State educational agency notice 

2 and an opportunity for a hearing; and 

3 ‘‘(2) notify the State educational agency of the 

4 finding of noncompliance and, in such notification, 

5 shall— 

6 ‘‘(A) cite the specific provisions in the ap7 plication that are not in compliance; and 

8 ‘‘(B) request additional information, only 

9 as to the noncompliant provisions, needed to 

10 make the application compliant. 

11 ‘‘(e) RESPONSE.—If a State educational agency re12 sponds to a notification from the Secretary under subsection 

13 (d)(2) during the 45-day period beginning on the date on 

14 which the agency received the notification, and resubmits 

15 the application with the requested information described in 

16 subsection (d)(2)(B), the Secretary shall approve or dis17 approve such application prior to the later of— 

18 ‘‘(1) the expiration of the 45-day period begin19 ning on the date on which the application is resub20 mitted; or 

21 ‘‘(2) the expiration of the 120-day period de22 scribed in subsection (b). 

23 ‘‘(f) FAILURE TO RESPOND.—If a State educational 

24 agency does not respond to a notification from the Secretary 

25 under subsection (d)(2) during the 45-day period beginning 


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1 on the date on which the agency received the notification, 

2 such application shall be deemed to be disapproved. 

3 ‘‘SEC. 2113. STATE USE OF FUNDS. 

4 ‘‘(a) IN GENERAL.—A State educational agency that 

5 receives a grant under section 2111 shall— 

6 ‘‘(1) reserve 95 percent of the grant funds to 

7 make subgrants to local educational agencies under 

8 subpart 2; and 

9 ‘‘(2) use the remainder of the funds, after reserv10 ing funds under paragraph (1), for the State activi11 ties described in subsection (b), except that the State 

12 may reserve not more than 1 percent of the grant 

13 funds for planning and administration related to car14 rying out activities described in subsection (b). 

15 ‘‘(b) STATE-LEVEL ACTIVITIES.—A State educational 

16 agency that receives a grant under section 2111— 

17 ‘‘(1) shall use the amount described in subsection 

18 (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 teach23 er evaluation system— 

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1 tem that meets the requirements of 

2 clauses (i) through (v) of section 

3 2123(1)(A); 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; and 

10 ‘‘(B) fulfill the State educational agency’s 

11 responsibilities with respect to the proper and ef12 ficient administration of the subgrant program 

13 carried out under this part; and 

14 ‘‘(2) may use the amount described in subsection 

15 (a)(2) to— 

16 ‘‘(A) disseminate and share evidence-based 

17 and other effective practices, including practices 

18 consistent with the principles of effectiveness de19 scribed in section 2222(b), related to teacher and 

20 school leader effectiveness and professional devel21 opment; 

22 ‘‘(B) provide professional development for 

23 teachers and school leaders in the State con24 sistent with section 2123(2)(D); and 


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1 ‘‘(C) provide training and technical assist2 ance to local educational agencies on— 

3 ‘‘(i) in the case of a State educational 

4 agency not implementing a statewide school 

5 leader evaluation system, the development 

6 and implementation of a school leader eval7 uation system; and 

8 ‘‘(ii) in the case of a State educational 

9 agency implementing a statewide school 

10 leader evaluation system, implementing 

11 such evaluation system. 

12 ‘‘Subpart 2—Subgrants to Local Educational 

13 Agencies 

14 ‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN15 CIES. 

16 ‘‘(a) IN GENERAL.—Each State receiving a grant 

17 under section 2111 shall use the funds reserved under sec18 tion 2113(a)(1) to award subgrants to local educational 

19 agencies under this section. 

20 ‘‘(b) ALLOCATION OF FUNDS.—From the funds re21 served by a State under section 2113(a)(1), the State edu22 cational agency shall allocate to each local educational 

23 agency in the State the sum of— 

24 ‘‘(1) an amount that bears the same relationship 

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1 uals age 5 through 17 in the geographic area served 

2 by the local educational agency, as determined by the 

3 State on the basis of the most recent satisfactory data, 

4 bears to the number of those individuals in the geo5 graphic areas served by all the local educational agen6 cies in the State, as so determined; and 

7 ‘‘(2) an amount that bears the same relationship 

8 to 50 percent of the funds as the number of individ9 uals age 5 through 17 from families with incomes 

10 below the poverty line in the geographic area served 

11 by the local educational agency, as determined by the 

12 State on the basis of the most recent satisfactory data, 

13 bears to the number of those individuals in the geo14 graphic areas served by all the local educational agen15 cies in the State, as so determined. 

16 ‘‘SEC. 2122. LOCAL APPLICATIONS. 

17 ‘‘To be eligible to receive a subgrant under this sub18 part, a local educational agency shall submit an applica19 tion to the State educational agency involved at such time, 

20 in such a manner, and containing such information as the 

21 State educational agency may reasonably require that, at 

22 a minimum, shall include the following: 

23 ‘‘(1) A description of— 

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

25 meet the requirements of this subpart; 


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1 ‘‘(B) how the activities to be carried out by 

2 the local educational agency under this subpart 

3 will be evidence-based, improve student academic 

4 achievement, and improve teacher and school 

5 leader effectiveness; 

6 ‘‘(C) in the case of a local educational agen7 cy not in a State with a statewide teacher eval8 uation system, the teacher evaluation system that 

9 will be developed and implemented under section 

10 2123(1) and how such system will meet the re11 quirements described in clauses (i) through (v) of 

12 section 2123(1)(A); 

13 ‘‘(D) how, in developing and implementing 

14 such a teacher evaluation system, the local edu15 cational agency will work with parents, teachers, 

16 school leaders, and other staff of the schools 

17 served by the local educational agency; and 

18 ‘‘(E) how the local educational agency will 

19 develop and implement such a teacher evaluation 

20 system within 3 years of the date of enactment 

21 of the Student Success Act. 

22 ‘‘(2) In the case of a local educational agency in 

23 a State with a statewide teacher evaluation system, a 

24 description of how the local educational agency will 

25 work with the State educational agency to implement 


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1 the statewide teacher evaluation system within 3 

2 years of the date of enactment of the Student Success 

3 Act. 

4 ‘‘(3) An assurance that the local educational 

5 agency will comply with section 5501 (regarding par6 ticipation by private school children and teachers). 

7 ‘‘SEC. 2123. LOCAL USE OF FUNDS. 

8 ‘‘A local educational agency receiving a subgrant 

9 under this subpart— 

10 ‘‘(1) shall use such funds— 

11 ‘‘(A) to develop and implement a teacher 

12 evaluation system that— 

13 ‘‘(i) uses student achievement data de14 rived from a variety of sources as a signifi15 cant factor in determining a teacher’s eval16 uation, with the weight given to such data 

17 defined by the local educational agency; 

18 ‘‘(ii) uses multiple measures of evalua19 tion for evaluating teachers; 

20 ‘‘(iii) has more than 2 categories for 

21 rating the performance of teachers; 

22 ‘‘(iv) shall be used to make personnel 

23 decisions, as determined by the local edu24 cational agency; and 


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1 ‘‘(v) is based on input from parents, 

2 school leaders, teachers, and other staff of 

3 schools served by the local educational agen4 cy; or 

5 ‘‘(B) in the case of a local educational agen6 cy located in a State implementing a statewide 

7 teacher evaluation system, to implement such 

8 evaluation system; and 

9 ‘‘(2) may use such funds for— 

10 ‘‘(A) the training of school leaders or other 

11 individuals for the purpose of evaluating teach12 ers under a teacher evaluation system described 

13 in subparagraph (A) or (B) of paragraph (1), as 

14 appropriate; 

15 ‘‘(B) in the case of a local educational agen16 cy located in a State implementing a statewide 

17 school leader evaluation system, to implement 

18 such evaluation system; 

19 ‘‘(C) in the case of a local educational agen20 cy located in a State not implementing a state21 wide school leader evaluation system, the devel22 opment and implementation of a school leader 

23 evaluation system; 


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1 ‘‘(D) professional development for teachers 

2 and school leaders that is evidence-based, job-em3 bedded, and continuous, such as— 

4 ‘‘(i) subject-based professional develop5 ment for teachers; 

6 ‘‘(ii) professional development aligned 

7 with the State’s academic standards; 

8 ‘‘(iii) professional development to as9 sist teachers in meeting the needs of stu10 dents with different learning styles, particu11 larly students with disabilities, English 

12 learners, and gifted and talented students; 

13 ‘‘(iv) professional development for 

14 teachers identified as in need of additional 

15 support through data provided by a teacher 

16 evaluation system described in subpara17 graph (A) or (B) of paragraph (1), as ap18 propriate; 

19 ‘‘(v) professional development based on 

20 the current science of learning, which in21 cludes research on positive brain change 

22 and cognitive skill development; 

23 ‘‘(vi) professional development for 

24 school leaders, including evidence-based 

25 mentorship programs for such leaders; 


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1 ‘‘(vii) professional development on in2 tegrated, interdisciplinary, and project3 based teaching strategies, including for ca4 reer and technical education teachers; or 

5 ‘‘(viii) professional development on 

6 teaching dual credit and dual enrollment 

7 postsecondary-level courses to secondary 

8 school students; 

9 ‘‘(E) partnering with a public or private 

10 organization or a consortium of such organiza11 tions to develop and implement a teacher evalua12 tion system described in subparagraph (A) or 

13 (B) of paragraph (1), or to administer profes14 sional development, as appropriate; 

15 ‘‘(F) any activities authorized under section 

16 2222(a); or 

17 ‘‘(G) class size reduction, except that the 

18 local educational agency may use not more than 

19 10 percent of such funds for this purpose. 

20 ‘‘Subpart 3—General Provisions 

21 ‘‘SEC. 2131. REPORTING REQUIREMENTS. 

22 ‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local 

23 educational agency receiving a subgrant under subpart 2 

24 shall submit to the State educational agency involved, on 


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1 an annual basis until the last year in which the local edu2 cational agency receives such subgrant funds, a report on— 

3 ‘‘(1) how the local educational agency is meeting 

4 the purposes of this part described in section 2101; 

5 ‘‘(2) how the local educational agency is using 

6 such subgrant funds; 

7 ‘‘(3) the number and percentage of teachers in 

8 each category established under clause (iii) of section 

9 2123(1)(A), except that such report shall not reveal 

10 personally identifiable information about an indi11 vidual teacher; and 

12 ‘‘(4) any such other information as the State 

13 educational agency may require. 

14 ‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 

15 educational agency receiving a grant under subpart 1 shall 

16 submit to the Secretary a report, on an annual basis until 

17 the last year in which the State educational agency receives 

18 such grant funds, on— 

19 ‘‘(1) how the State educational agency is meeting 

20 the purposes of this part described in section 2101; 

21 and 

22 ‘‘(2) how the State educational agency is using 

23 such grant funds. 


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1 ‘‘SEC. 2132. NATIONAL ACTIVITIES. 

2 ‘‘From the funds reserved by the Secretary under sec3 tion 2111(b)(1)(A), the Secretary shall, directly or through 

4 grants and contracts— 

5 ‘‘(1) provide technical assistance to States and 

6 local educational agencies in carrying out activities 

7 under this part; and 

8 ‘‘(2) acting through the Institute of Education 

9 Sciences, conduct national evaluations of activities 

10 carried out by State educational agencies and local 

11 educational agencies under this part. 

12 ‘‘SEC. 2133. STATE DEFINED. 

13 ‘‘In this part, the term ‘State’ means each of the 50 

14 States, the District of Columbia, and the Commonwealth 

15 of Puerto Rico.’’. 

16 (c) PART B.—Part B of title II (20 U.S.C. 6661 et 

17 seq.) is amended to read as follows: 

18 ‘‘PART B—TEACHER AND SCHOOL LEADER 

19 FLEXIBLE GRANT 

20 ‘‘SEC. 2201. PURPOSE. 

21 ‘‘The purpose of this part is to improve student aca22 demic achievement by— 

23 ‘‘(1) supporting all State educational agencies, 

24 local educational agencies, schools, teachers, and 

25 school leaders to pursue innovative and evidence-based 


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1 practices to help all students meet the State’s aca2 demic standards; and 

3 ‘‘(2) increasing the number of teachers and 

4 school leaders who are effective in increasing student 

5 academic achievement. 

6 ‘‘Subpart 1—Formula Grants to States 

7 ‘‘SEC. 2211. STATE ALLOTMENTS. 

8 ‘‘(a) RESERVATIONS.—From the amount appropriated 

9 under section 3(b) for any fiscal year, the Secretary— 

10 ‘‘(1) shall reserve 25 percent to award grants to 

11 States under this subpart; and 

12 ‘‘(2) of the amount reserved under paragraph 

13 (1), shall reserve— 

14 ‘‘(A) not more than 1 percent for national 

15 activities described in section 2233; 

16 ‘‘(B) one-half of 1 percent for allotments to 

17 outlying areas on the basis of their relative need, 

18 as determined by the Secretary, in accordance 

19 with the purpose of this part; and 

20 ‘‘(C) one-half of 1 percent for the Secretary 

21 of the Interior for programs under this part in 

22 schools operated or funded by the Bureau of In23 dian Education. 

24 ‘‘(b) STATE ALLOTMENTS.— 


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1 ‘‘(1) IN GENERAL.—From the total amount re2 served under subsection (a)(1) for each fiscal year and 

3 not reserved under subparagraphs (A) through (C) of 

4 subsection (a)(2), the Secretary shall allot, and make 

5 available in accordance with this section, to each 

6 State an amount that bears the same ratio to such 

7 sums as the school-age population of the State bears 

8 to the school-age population of all States. 

9 ‘‘(2) SMALL STATE MINIMUM.—No State receiv10 ing an allotment under paragraph (1) may receive 

11 less than one-half of 1 percent of the total amount al12 lotted under such paragraph. 

13 ‘‘(3) REALLOTMENT.—If a State does not receive 

14 an allotment under this subpart for a fiscal year, the 

15 Secretary shall reallot the amount of the State’s allot16 ment to the remaining States in accordance with this 

17 section. 

18 ‘‘(c) STATE APPLICATION.—In order to receive an al19 lotment under this section for any fiscal year, a State shall 

20 submit an application to the Secretary, at such time and 

21 in such manner as the Secretary may reasonably require. 

22 Such application shall— 

23 ‘‘(1) designate the State educational agency as 

24 the agency responsible for the administration and su25 pervision of programs assisted under this part; 


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1 ‘‘(2) describe how the State educational agency 

2 will use funds received under this section for State 

3 level activities described in subsection (d)(3); 

4 ‘‘(3) describe the procedures and criteria the 

5 State educational agency will use for reviewing appli6 cations and awarding subgrants in a timely manner 

7 to eligible entities under section 2221 on a competi8 tive basis; 

9 ‘‘(4) describe how the State educational agency 

10 will ensure that subgrants made under section 2221 

11 are of sufficient size and scope to support effective 

12 programs that will help increase academic achieve13 ment in the classroom and are consistent with the 

14 purposes of this part; 

15 ‘‘(5) describe the steps the State educational 

16 agency will take to ensure that eligible entities use 

17 subgrants received under section 2221 to carry out 

18 programs that implement effective strategies, includ19 ing by providing ongoing technical assistance and 

20 training, and disseminating evidence-based and other 

21 effective strategies to such eligible entities; 

22 ‘‘(6) describe how programs under this part will 

23 be coordinated with other programs under this Act; 

24 and 


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1 ‘‘(7) include an assurance that, other than pro2 viding technical and advisory assistance and moni3 toring compliance with this part, the State edu4 cational agency has not exercised, and will not exer5 cise, any influence in the decision-making processes of 

6 eligible entities as to the expenditure of funds made 

7 pursuant to an application submitted under section 

8 2221(b). 

9 ‘‘(d) STATE USE OF FUNDS.— 

10 ‘‘(1) IN GENERAL.—Each State that receives an 

11 allotment under this section shall reserve not less than 

12 92 percent of the amount allotted to such State under 

13 subsection (b), for each fiscal year, for subgrants to el14 igible entities under subpart 2. 

15 ‘‘(2) STATE ADMINISTRATION.—A State edu16 cational agency may reserve not more than 1 percent 

17 of the amount made available to the State under sub18 section (b) for the administrative costs of carrying out 

19 such State educational agency’s responsibilities under 

20 this subpart. 

21 ‘‘(3) STATE-LEVEL ACTIVITIES.— 

22 ‘‘(A) INNOVATIVE TEACHER AND SCHOOL

23 LEADER ACTIVITIES.—A State educational agen24 cy shall reserve not more than 4 percent of the 

25 amount made available to the State under subVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 section (b) to carry out, solely, or in partnership 

2 with State agencies of higher education, 1 or 

3 more of the following activities: 

4 ‘‘(i) Reforming teacher and school lead5 er certification, recertification, licensing, 

6 and tenure systems to ensure that such sys7 tems are rigorous and that— 

8 ‘‘(I) each teacher has the subject 

9 matter knowledge and teaching skills 

10 necessary to help students meet the 

11 State’s academic standards; and 

12 ‘‘(II) school leaders have the in13 structional leadership skills to help 

14 teachers instruct and students learn. 

15 ‘‘(ii) Improving the quality of teacher 

16 preparation programs within the State, in17 cluding through the use of appropriate stu18 dent achievement data and other factors to 

19 evaluate the quality of teacher preparation 

20 programs within the State. 

21 ‘‘(iii) Carrying out programs that es22 tablish, expand, or improve alternative 

23 routes for State certification or licensure of 

24 teachers and school leaders, including such 

25 programs for— 


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1 ‘‘(I) mid-career professionals from 

2 other occupations, including science, 

3 technology, engineering, and math 

4 fields; 

5 ‘‘(II) former military personnel; 

6 and 

7 ‘‘(III) recent graduates of an in8 stitution of higher education, with a 

9 record of academic distinction, who 

10 demonstrate the potential to become ef11 fective teachers or school leaders. 

12 ‘‘(iv) Developing, or assisting eligible 

13 entities in developing— 

14 ‘‘(I) performance-based pay sys15 tems for teachers and school leaders; 

16 ‘‘(II) strategies that provide dif17 ferential, incentive, or bonus pay for 

18 teachers and school leaders; or 

19 ‘‘(III) teacher and school leader 

20 advancement initiatives that promote 

21 professional growth and emphasize 

22 multiple career paths and pay differen23 tiation. 

24 ‘‘(v) Developing, or assisting eligible 

25 entities in developing, new, evidence-based 


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1 teacher and school leader induction and 

2 mentoring programs that are designed to— 

3 ‘‘(I) improve instruction and stu4 dent academic achievement; and 

5 ‘‘(II) increase the retention of ef6 fective teachers and school leaders. 

7 ‘‘(vi) Providing professional develop8 ment for teachers and school leaders that is 

9 focused on improving teaching and student 

10 academic achievement, including for stu11 dents with different learning styles, particu12 larly students with disabilities, English 

13 learners, gifted and talented students, and 

14 other special populations. 

15 ‘‘(vii) Providing training and tech16 nical assistance to eligible entities that re17 ceive a subgrant under section 2221. 

18 ‘‘(viii) Other activities identified by 

19 the State educational agency that meet the 

20 purposes of this part, including those activi21 ties authorized under subparagraph (B). 

22 ‘‘(B) TEACHER OR SCHOOL LEADER PREPA23 RATION ACADEMIES.— 

24 ‘‘(i) IN GENERAL.—In the case of a 

25 State in which teacher or school leader 


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1 preparation academies are allowable under 

2 State law, a State educational agency may 

3 reserve not more than 3 percent of the 

4 amount made available to the State under 

5 subsection (b) to support the establishment 

6 or expansion of one or more teacher or 

7 school leader preparation academies and, 

8 subject to the limitation under clause (iii), 

9 to support State authorizers for such acad10 emies. 

11 ‘‘(ii) MATCHING REQUIREMENT.—A 

12 State educational agency shall not provide 

13 funds under this subparagraph to support 

14 the establishment or expansion of a teacher 

15 or school leader preparation academy unless 

16 the academy agrees to provide, either di17 rectly or through private contributions, non18 Federal matching funds equal to not less 

19 than 10 percent of the amount of the funds 

20 the academy will receive under this sub21 paragraph. 

22 ‘‘(iii) FUNDING FOR STATE AUTHOR23 IZERS.—Not more than 5 percent of funds 

24 provided to a teacher or school leader prepa25 ration academy under this subparagraph 


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1 may be used to support activities of State 

2 authorizers for such academy. 

3 ‘‘SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLI4 CATIONS. 

5 ‘‘(a) DEEMED APPROVAL.—An application submitted 

6 by a State pursuant to section 2211(c) shall be deemed to 

7 be approved by the Secretary unless the Secretary makes 

8 a written determination, prior to the expiration of the 120- 

9 day period beginning on the date on which the Secretary 

10 received the application, that the application is not in com11 pliance with section 2211(c). 

12 ‘‘(b) DISAPPROVAL PROCESS.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall not fi14 nally disapprove an application submitted under sec15 tion 2211(c), except after giving the State educational 

16 agency notice and an opportunity for a hearing. 

17 ‘‘(2) NOTIFICATION.—If the Secretary finds that 

18 an application is not in compliance, in whole or in 

19 part, with section 2211(c) the Secretary shall— 

20 ‘‘(A) give the State educational agency no21 tice and an opportunity for a hearing; and 

22 ‘‘(B) notify the State educational agency of 

23 the finding of noncompliance and, in such notifi24 cation, shall— 


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1 ‘‘(i) cite the specific provisions in the 

2 application that are not in compliance; and 

3 ‘‘(ii) request additional information, 

4 only as to the noncompliant provisions, 

5 needed to make the application compliant. 

6 ‘‘(3) RESPONSE.—If a State educational agency 

7 responds to a notification from the Secretary under 

8 paragraph (2)(B) during the 45-day period beginning 

9 on the date on which the State educational agency re10 ceived the notification, and resubmits the application 

11 with the requested information described in para12 graph (2)(B)(ii), the Secretary shall approve or dis13 approve such application prior to the later of— 

14 ‘‘(A) the expiration of the 45-day period be15 ginning on the date on which the application is 

16 resubmitted; or 

17 ‘‘(B) the expiration of the 120-day period 

18 described in subsection (a). 

19 ‘‘(4) FAILURE TO RESPOND.—If the State edu20 cational agency does not respond to a notification 

21 from the Secretary under paragraph (2)(B) during 

22 the 45-day period beginning on the date on which the 

23 State educational agency received the notification, 

24 such application shall be deemed to be disapproved. 


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1 ‘‘Subpart 2—Local Competitive Grant Program 

2 ‘‘SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM. 

3 ‘‘(a) IN GENERAL.—A State that receives an allotment 

4 under section 2211(b) for a fiscal year shall use the amount 

5 reserved under section 2211(d)(1) to award subgrants, on 

6 a competitive basis, to eligible entities in accordance with 

7 this section to enable such entities to carry out the programs 

8 and activities described in section 2222. 

9 ‘‘(b) APPLICATION.— 

10 ‘‘(1) IN GENERAL.—To be eligible to receive a 

11 subgrant under this section, an eligible entity shall 

12 submit an application to the State educational agen13 cy at such time, in such manner, and including such 

14 information as the State educational agency may rea15 sonably require. 

16 ‘‘(2) CONTENTS.—Each application submitted 

17 under paragraph (1) shall include— 

18 ‘‘(A) a description of the programs and ac19 tivities to be funded and how they are consistent 

20 with the purposes of this part; and 

21 ‘‘(B) an assurance that the eligible entity 

22 will comply with section 5501 (regarding par23 ticipation by private school children and teach24 ers). 

25 ‘‘(c) PEER REVIEW.—In reviewing applications under 

26 this section, a State educational agency shall use a peer 


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1 review process or other methods of assuring the quality of 

2 such applications but the review shall only judge the likeli3 hood of the activity to increase student academic achieve4 ment. The reviewers shall not make a determination based 

5 on the policy of the proposed activity. 

6 ‘‘(d) GEOGRAPHIC DIVERSITY.—A State educational 

7 agency shall distribute funds under this section equitably 

8 among geographic areas within the State, including rural, 

9 suburban, and urban communities. 

10 ‘‘(e) DURATION OF AWARDS.—A State educational 

11 agency may award subgrants under this section for a period 

12 of not more than 5 years. 

13 ‘‘(f) MATCHING.—An eligible entity receiving a 

14 subgrant under this section shall provide, either directly or 

15 through private contributions, non-Federal matching funds 

16 equal to not less than 10 percent of the amount of the 

17 subgrant. 

18 ‘‘SEC. 2222. LOCAL AUTHORIZED ACTIVITIES. 

19 ‘‘(a) IN GENERAL.—Each eligible entity receiving a 

20 subgrant under section 2221 shall use such subgrant funds 

21 to develop, implement, and evaluate comprehensive pro22 grams and activities, that are in accordance with the pur23 pose of this part and— 

24 ‘‘(1) are consistent with the principles of effec25 tiveness described in subsection (b); and 


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1 ‘‘(2) may include, among other programs and 

2 activities— 

3 ‘‘(A) developing and implementing initia4 tives to assist in recruiting, hiring, and retain5 ing highly effective teachers and school leaders, 

6 including initiatives that provide— 

7 ‘‘(i) differential, incentive, or bonus 

8 pay for teachers and school leaders; 

9 ‘‘(ii) performance-based pay systems 

10 for teachers and school leaders; 

11 ‘‘(iii) teacher and school leader ad12 vancement initiatives that promote profes13 sional growth and emphasize multiple ca14 reer paths and pay differentiation; 

15 ‘‘(iv) new teacher and school leader in16 duction and mentoring programs that are 

17 designed to improve instruction, student 

18 academic achievement, and to increase 

19 teacher and school leader retention; and 

20 ‘‘(v) teacher residency programs, and 

21 school leader residency programs, designed 

22 to develop and support new teachers or new 

23 school leaders, respectively; 


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1 ‘‘(B) supporting the establishment or expan2 sion of teacher or school leader preparation acad3 emies under section 2211(d)(3)(B); 

4 ‘‘(C) recruiting qualified individuals from 

5 other fields, including individuals from science, 

6 technology, engineering, and math fields, mid-ca7 reer professionals from other occupations, and 

8 former military personnel; 

9 ‘‘(D) establishing, improving, or expanding 

10 model instructional programs to ensure that all 

11 children meet the State’s academic standards; 

12 ‘‘(E) providing evidence-based, job embed13 ded, continuous professional development for 

14 teachers and school leaders focused on improving 

15 teaching and student academic achievement; 

16 ‘‘(F) implementing programs based on the 

17 current science of learning, which includes re18 search on positive brain change and cognitive 

19 skill development; 

20 ‘‘(G) recruiting and training teachers to 

21 teach dual credit and dual enrollment postsec22 ondary-level courses to secondary school students; 

23 and 


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1 ‘‘(H) other activities and programs identi2 fied as necessary by the local educational agency 

3 that meet the purpose of this part. 

4 ‘‘(b) PRINCIPLES OF EFFECTIVENESS.—For a pro5 gram or activity developed pursuant to this section to meet 

6 the principles of effectiveness, such program or activity 

7 shall— 

8 ‘‘(1) be based upon an assessment of objective 

9 data regarding the need for programs and activities 

10 in the elementary schools and secondary schools served 

11 to increase the number of teachers and school leaders 

12 who are effective in improving student academic 

13 achievement; 

14 ‘‘(2) reflect evidence-based research, or in the ab15 sence of a strong research base, reflect effective strate16 gies in the field, that provide evidence that the pro17 gram or activity will improve student academic 

18 achievement; and 

19 ‘‘(3) include meaningful and ongoing consulta20 tion with, and input from, teachers, school leaders, 

21 and parents, in the development of the application 

22 and administration of the program or activity. 


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1 ‘‘Subpart 3—General Provisions 

2 ‘‘SEC. 2231. PERIODIC EVALUATION. 

3 ‘‘(a) IN GENERAL.—Each eligible entity and each 

4 teacher or school leader preparation academy that receives 

5 funds under this part shall undergo a periodic evaluation 

6 by the State educational agency involved to assess such enti7 ty’s or such academy’s progress toward achieving the pur8 poses of this part. 

9 ‘‘(b) USE OF RESULTS.—The results of an evaluation 

10 described in subsection (a) of an eligible entity or academy 

11 shall be— 

12 ‘‘(1) used to refine, improve, and strengthen such 

13 eligible entity or such academy, respectively; and 

14 ‘‘(2) made available to the public upon request, 

15 with public notice of such availability provided. 

16 ‘‘SEC. 2232. REPORTING REQUIREMENTS. 

17 ‘‘(a) ELIGIBLE ENTITIES AND ACADEMIES.—Each eli18 gible entity and each teacher or school leader preparation 

19 academy that receives funds from a State educational agen20 cy under this part shall prepare and submit annually to 

21 such State educational agency a report that includes— 

22 ‘‘(1) a description of the progress of the eligible 

23 entity or teacher or school leader preparation acad24 emy, respectively, in meeting the purposes of this 

25 part; 


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1 ‘‘(2) a description of the programs and activities 

2 conducted by the eligible entity or teacher or school 

3 leader preparation academy, respectively, with funds 

4 received under this part; 

5 ‘‘(3) how the eligible entity or teacher or school 

6 leader preparation academy, respectively, is using 

7 such funds; and 

8 ‘‘(4) any such other information as the State 

9 educational agency may require. 

10 ‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 

11 educational agency that receives a grant under this part 

12 shall prepare and submit, annually, to the Secretary a re13 port that includes— 

14 ‘‘(1) a description of the programs and activities 

15 conducted by the State educational agency with grant 

16 funds received under this part; 

17 ‘‘(2) a description of the progress of the State 

18 educational agency in meeting the purposes of this 

19 part described in section 2201; 

20 ‘‘(3) how the State educational agency is using 

21 grant funds received under this part; 

22 ‘‘(4) the methods and criteria the State edu23 cational agency used to award subgrants in a timely 

24 manner to eligible entities under section 2221 and, if 

25 applicable, funds in a timely manner to teacher or 


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1 school leader academies under section 2211(d)(3)(B); 

2 and 

3 ‘‘(5) the results of the periodic evaluations con4 ducted under section 2231. 

5 ‘‘SEC. 2233. NATIONAL ACTIVITIES. 

6 ‘‘From the funds reserved by the Secretary under sec7 tion 2211(a)(2)(A), the Secretary shall, directly or through 

8 grants and contracts— 

9 ‘‘(1) provide technical assistance to States and 

10 eligible entities in carrying out activities under this 

11 part; and 

12 ‘‘(2) acting through the Institute of Education 

13 Sciences, conduct national evaluations of activities 

14 carried out by States and eligible entities under this 

15 part. 

16 ‘‘SEC. 2234. DEFINITIONS. 

17 ‘‘In this part: 

18 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti19 ty’ means— 

20 ‘‘(A) a local educational agency or consor21 tium of local educational agencies; 

22 ‘‘(B) an institution of higher education or 

23 consortium of such institutions in partnership 

24 with a local educational agency or consortium of 

25 local educational agencies; 


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1 ‘‘(C) a for-profit organization, a nonprofit 

2 organization, or a consortium of for-profit or 

3 nonprofit organizations in partnership with a 

4 local educational agency or consortium of local 

5 educational agencies; or 

6 ‘‘(D) a consortium of the entities described 

7 in subparagraphs (B) and (C). 

8 ‘‘(2) STATE.—The term ‘State’ means each of the 

9 50 States, the District of Columbia, and the Common10 wealth of Puerto Rico. 

11 ‘‘(3) STATE AUTHORIZER.—The term ‘State au12 thorizer’ means an entity designated by the Governor 

13 of a State to authorize teacher or school leader prepa14 ration academies within the State that— 

15 ‘‘(A) enters into an agreement with a teach16 er or school leader preparation academy that— 

17 ‘‘(i) specifies the goals expected of the 

18 academy, which, at a minimum, include the 

19 goals described in paragraph (4); and 

20 ‘‘(ii) does not reauthorize the academy 

21 if such goals are not met; and 

22 ‘‘(B) may be a nonprofit organization, a 

23 State educational agency, or other public entity, 

24 or consortium of such entities (including a con25 sortium of State educational agencies). 


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1 ‘‘(4) TEACHER OR SCHOOL LEADER PREPARA2 TION ACADEMY.—The term ‘teacher or school leader 

3 preparation academy’ means a public or private enti4 ty, or a nonprofit or for-profit organization, which 

5 may be an institution of higher education or an orga6 nization affiliated with an institution of higher edu7 cation, that will prepare teachers or school leaders to 

8 serve in schools, and that— 

9 ‘‘(A) enters into an agreement with a State 

10 authorizer that specifies the goals expected of the 

11 academy, including— 

12 ‘‘(i) a requirement that prospective 

13 teachers or school leaders who are enrolled 

14 in a teacher or school leader preparation 

15 academy receive a significant part of their 

16 training through clinical preparation that 

17 partners the prospective candidate with an 

18 effective teacher or school leader, respec19 tively, with a demonstrated record of in20 creasing student achievement, while also re21 ceiving concurrent instruction from the 

22 academy in the content area (or areas) in 

23 which the prospective teacher or school lead24 er will become certified or licensed; 


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1 ‘‘(ii) the number of effective teachers or 

2 school leaders, respectively, who will dem3 onstrate success in increasing student 

4 achievement that the academy will produce; 

5 and 

6 ‘‘(iii) a requirement that a teacher or 

7 school leader preparation academy will only 

8 award a certificate of completion after the 

9 graduate demonstrates that the graduate is 

10 an effective teacher or school leader, respec11 tively, with a demonstrated record of in12 creasing student achievement, except that 

13 an academy may award a provisional cer14 tificate for the period necessary to allow the 

15 graduate to demonstrate such effectiveness; 

16 ‘‘(B) does not have restrictions on the meth17 ods the academy will use to train prospective 

18 teacher or school leader candidates, including— 

19 ‘‘(i) obligating (or prohibiting) the 

20 academy’s faculty to hold advanced degrees 

21 or conduct academic research; 

22 ‘‘(ii) restrictions related to the acad23 emy’s physical infrastructure; 


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1 ‘‘(iii) restrictions related to the number 

2 of course credits required as part of the pro3 gram of study; 

4 ‘‘(iv) restrictions related to the under5 graduate coursework completed by teachers 

6 teaching or working on alternative certifi7 cates, licenses, or credentials, as long as 

8 such teachers have successfully passed all 

9 relevant State-approved content area exami10 nations; or 

11 ‘‘(v) restrictions related to obtaining 

12 accreditation from an accrediting body for 

13 purposes of becoming an academy; 

14 ‘‘(C) limits admission to its program to 

15 prospective teacher or school leader candidates 

16 who demonstrate strong potential to improve stu17 dent achievement, based on a rigorous selection 

18 process that reviews a candidate’s prior aca19 demic achievement or record of professional ac20 complishment; and 

21 ‘‘(D) results in a certificate of completion 

22 that the State may recognize as at least the 

23 equivalent of a master’s degree in education for 

24 the purposes of hiring, retention, compensation, 

25 and promotion in the State. 


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1 ‘‘(5) TEACHER RESIDENCY PROGRAM.—The term 

2 ‘teacher residency program’ means a school-based 

3 teacher preparation program in which a prospective 

4 teacher— 

5 ‘‘(A) for one academic year, teaches along6 side an effective teacher, as determined by a 

7 teacher evaluation system implemented under 

8 part A, who is the teacher of record; 

9 ‘‘(B) receives concurrent instruction during 

10 the year described in subparagraph (A) from the 

11 partner institution (as defined in section 200 of 

12 the Higher Education Act of 1965 (20 U.S.C. 

13 1021)), which courses may be taught by local 

14 educational agency personnel or residency pro15 gram faculty, in the teaching of the content area 

16 in which the teacher will become certified or li17 censed; and 

18 ‘‘(C) acquires effective teaching skills.’’. 

19 (d) PART C.—Part C of title II (20 U.S.C. 6671 et 

20 seq.) is amended— 

21 (1) by striking subparts 1 through 4; 

22 (2) by striking the heading relating to subpart 5; 

23 (3) by striking sections 2361 and 2368; 

24 (4) in section 2362, by striking ‘‘principals’’ and 

25 inserting ‘‘school leaders’’; 


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1 (5) in section 2363(6)(A), by striking ‘‘prin2 cipal’’ and inserting ‘‘school leader’’; 

3 (6) in section 2366(b), by striking ‘‘ate law’’ and 

4 inserting ‘‘(3) A State law’’; 

5 (7) by redesignating section 2362 as section 

6 2361; 

7 (8) by redesignating sections 2364 through 2367 

8 as sections 2362 through 2365, respectively; and 

9 (9) by redesignating section 2363 as section 2366 

10 and transferring such section to appear after section 

11 2365 (as so redesignated). 

12 (e) PART D.—Part D of title II (20 U.S.C. 6751 et 

13 seq.) is amended to read as follows: 

14 ‘‘PART D—GENERAL PROVISIONS 

15 ‘‘SEC. 2401. INCLUSION OF CHARTER SCHOOLS. 

16 ‘‘In this title, the term ‘local educational agency’ in17 cludes a charter school (as defined in section 5101) that, 

18 in the absence of this section, would not have received funds 

19 under this title. 

20 ‘‘SEC. 2402. PARENTS’ RIGHT TO KNOW. 

21 ‘‘At the beginning of each school year, a local edu22 cational agency that receives funds under this title shall no23 tify the parents of each student attending any school receiv24 ing funds under this title that the parents may request, and 

25 the agency will provide the parents on request (and in a 


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1 timely manner), information regarding the professional 

2 qualifications of the student’s classroom teachers. 

3 ‘‘SEC. 2403. SUPPLEMENT, NOT SUPPLANT. 

4 ‘‘Funds received under this title shall be used to sup5 plement, and not supplant, non-Federal funds that would 

6 otherwise be used for activities authorized under this title.’’. 

7 SEC. 202. CONFORMING REPEALS. 

8 (a) CONFORMING REPEALS.—Title II of the Higher 

9 Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended 

10 by repealing sections 201 through 204. 

11 (b) EFFECTIVE DATE.—The repeals made by sub12 section (a) shall take effect October 1, 2013. 

13 TITLE III—PARENTAL ENGAGE14 MENT AND LOCAL FLEXI15 BILITY 

16 SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXI17 BILITY. 

18 Title III (20 U.S.C. 6801 et seq.) is amended to read 

19 as follows: 


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1 ‘‘TITLE III—PARENTAL ENGAGE2 MENT AND LOCAL FLEXI3 BILITY 

4 ‘‘PART A—PARENTAL ENGAGEMENT 

5 ‘‘Subpart 1—Charter School Program 

6 ‘‘SEC. 3101. PURPOSE. 

7 ‘‘It is the purpose of this subpart to— 

8 ‘‘(1) improve the United States education system 

9 and educational opportunities for all Americans by 

10 supporting innovation in public education in public 

11 school settings that prepare students to compete and 

12 contribute to the global economy; 

13 ‘‘(2) provide financial assistance for the plan14 ning, program design, and initial implementation of 

15 charter schools; 

16 ‘‘(3) expand the number of high-quality charter 

17 schools available to students across the Nation; 

18 ‘‘(4) evaluate the impact of such schools on stu19 dent achievement, families, and communities, and 

20 share best practices between charter schools and other 

21 public schools; 

22 ‘‘(5) encourage States to provide support to char23 ter schools for facilities financing in an amount more 

24 nearly commensurate to the amount the States have 

25 typically provided for traditional public schools; 


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1 ‘‘(6) improve student services to increase oppor2 tunities for students with disabilities, English learn3 ers, and other traditionally underserved students to 

4 attend charter schools and meet challenging State 

5 academic achievement standards; and 

6 ‘‘(7) support efforts to strengthen the charter 

7 school authorizing process to improve performance 

8 management, including transparency, monitoring, 

9 and evaluation of such schools. 

10 ‘‘SEC. 3102. PROGRAM AUTHORIZED. 

11 ‘‘(a) IN GENERAL.—From the amounts appropriated 

12 under section 3(c)(1)(A), the Secretary shall carry out a 

13 charter school program under this subpart that supports 

14 charter schools that serve elementary school and secondary 

15 school students by— 

16 ‘‘(1) supporting the startup, replication, and ex17 pansion of charter schools; 

18 ‘‘(2) assisting charter schools in accessing credit 

19 to acquire and renovate facilities for school use; and 

20 ‘‘(3) carrying out national activities to sup21 port— 

22 ‘‘(A) charter school development; 

23 ‘‘(B) the dissemination of best practices of 

24 charter schools for all schools; and 


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1 ‘‘(C) the evaluation of the impact of the pro2 gram on schools participating in the program. 

3 ‘‘(b) FUNDING ALLOTMENT.—From the amount made 

4 available under section 3(c)(1)(A) for a fiscal year, the Sec5 retary shall— 

6 ‘‘(1) reserve 15 percent to support charter school 

7 facilities assistance under section 3104; 

8 ‘‘(2) reserve not more than 5 percent to carry out 

9 national activities under section 3105; and 

10 ‘‘(3) use the remaining amount after the Sec11 retary reserves funds under paragraphs (1) and (2) to 

12 carry out section 3103. 

13 ‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The recipient 

14 of a grant or subgrant under this subpart or subpart 2, 

15 as such subpart was in effect on the day before the date 

16 of enactment of the Student Success Act, shall continue to 

17 receive funds in accordance with the terms and conditions 

18 of such grant or subgrant. 

19 ‘‘SEC. 3103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER 

20 SCHOOLS. 

21 ‘‘(a) IN GENERAL.—From the amount reserved under 

22 section 3102(b)(3), the Secretary shall award grants to 

23 State entities having applications approved pursuant to 

24 subsection (f) to enable such entities to— 

25 ‘‘(1) award subgrants to eligible applicants for— 


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1 ‘‘(A) opening new charter schools; 

2 ‘‘(B) opening replicable, high-quality char3 ter school models; or 

4 ‘‘(C) expanding high-quality charter schools; 

5 and 

6 ‘‘(2) provide technical assistance to eligible ap7 plicants and authorized public chartering agencies in 

8 carrying out the activities described in paragraph (1) 

9 and work with authorized public chartering agencies 

10 in the State to improve authorizing quality. 

11 ‘‘(b) STATE USES OF FUNDS.— 

12 ‘‘(1) IN GENERAL.—A State entity receiving a 

13 grant under this section shall— 

14 ‘‘(A) use 90 percent of the grant funds to 

15 award subgrants to eligible applicants, in ac16 cordance with the quality charter school program 

17 described in the entity’s application approved 

18 pursuant to subsection (f), for the purposes de19 scribed in subparagraphs (A) through (C) of sub20 section (a)(1); and 

21 ‘‘(B) reserve 10 percent of such funds to 

22 carry out the activities described in subsection 

23 (a)(2), of which not more than 30 percent may 

24 be used for administrative costs which may in25 clude technical assistance. 


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1 ‘‘(2) CONTRACTS AND GRANTS.—A State entity 

2 may use a grant received under this section to carry 

3 out the activities described in subparagraphs (A) and 

4 (B) of paragraph (1) directly or through grants, con5 tracts, or cooperative agreements. 

6 ‘‘(c) PROGRAM PERIODS; PEER REVIEW; GRANT NUM7 BER AND AMOUNT; DIVERSITY OF PROJECTS; WAIVERS.— 

8 ‘‘(1) PROGRAM PERIODS.— 

9 ‘‘(A) GRANTS.—A grant awarded by the 

10 Secretary to a State entity under this section 

11 shall be for a period of not more than 5 years. 

12 ‘‘(B) SUBGRANTS.—A subgrant awarded by 

13 a State entity under this section shall be for a 

14 period of not more than 3 years, of which an eli15 gible applicant may use not more than 18 

16 months for planning and program design. 

17 ‘‘(2) PEER REVIEW.—The Secretary, and each 

18 State entity receiving a grant under this section, shall 

19 use a peer review process to review applications for 

20 assistance under this section. 

21 ‘‘(3) GRANT NUMBER AND AMOUNT.—The Sec22 retary shall ensure that the number of grants awarded 

23 under this section and the award amounts will allow 

24 for a sufficient number of new grants to be awarded 

25 under this section for each succeeding fiscal year. 


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1 ‘‘(4) DIVERSITY OF PROJECTS.—Each State enti2 ty receiving a grant under this section shall award 

3 subgrants under this section in a manner that, to the 

4 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 representing 

9 a variety of educational approaches. 

10 ‘‘(5) WAIVERS.—The Secretary may waive any 

11 statutory or regulatory requirement without requiring 

12 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 5101(3), 

16 if— 

17 ‘‘(A) the waiver is requested in an approved 

18 application under this section; and 

19 ‘‘(B) the Secretary determines that granting 

20 such a waiver will promote the purpose of this 

21 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 pe25 riod. 


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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 receive 

5 a grant under this section shall submit an application to 

6 the Secretary at such time and in such manner as the Sec7 retary may require. The application shall include the fol8 lowing: 

9 ‘‘(1) DESCRIPTION OF PROGRAM.—A description 

10 of the State entity’s objectives in running a quality 

11 charter school program under this section and how 

12 the objectives of the program will be carried out, in13 cluding 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 appli24 cants to ensure that the applicants access 

25 all Federal funds that they are eligible to 


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1 receive, 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 stu6 dents are eligible to participate; and 

7 ‘‘(II) receive the commensurate 

8 share of Federal funds the schools and 

9 students are eligible to receive under 

10 such programs; 

11 ‘‘(iv) in the case in which the entity is 

12 not a State educational agency— 

13 ‘‘(I) will work with the State edu14 cational agency and the charter schools 

15 in the State to maximize charter school 

16 participation in Federal and State 

17 programs for charter schools; and 

18 ‘‘(II) will work with the State 

19 educational agency to adequately oper20 ate the entity’s program under this sec21 tion, where applicable; 

22 ‘‘(v) will ensure eligible applicants that 

23 receive a subgrant under the entity’s pro24 gram are prepared to continue to operate 


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1 the charter schools receiving the subgrant 

2 funds once the funds have expired; 

3 ‘‘(vi) will support charter schools in 

4 local educational agencies with large num5 bers of schools implementing requirements 

6 under the State’s school improvement sys7 tem under section 1111(b)(3)(B)(iii); 

8 ‘‘(vii) will work with charter schools to 

9 promote inclusion of all students and sup10 port all students once they are enrolled to 

11 promote retention; 

12 ‘‘(viii) will work with charter schools 

13 on recruitment practices, including efforts 

14 to engage groups that may otherwise have 

15 limited opportunities to participate in 

16 charter schools; 

17 ‘‘(ix) will share best and promising 

18 practices between charter schools and other 

19 public schools, including, where appro20 priate, instruction and professional develop21 ment in science, math, technology, and engi22 neering education; 

23 ‘‘(x) will ensure the charter schools re24 ceiving funds under the entity’s program 

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1 dents, including students with disabilities 

2 and English learners; and 

3 ‘‘(xi) will support efforts to increase 

4 quality initiatives, including meeting the 

5 quality authorizing elements described in 

6 paragraph (2)(E); 

7 ‘‘(B) of the extent to which the entity— 

8 ‘‘(i) is able to meet and carry out the 

9 priorities listed in subsection (f)(2); and 

10 ‘‘(ii) is working to develop or strength11 en a cohesive statewide system to support 

12 the opening of new charter schools and 

13 replicable, high-quality charter school mod14 els, and the expansion of high-quality char15 ter schools; 

16 ‘‘(C) of how the entity will carry out the 

17 subgrant competition, including— 

18 ‘‘(i) a description of the application 

19 each eligible applicant desiring to receive a 

20 subgrant will submit, including— 

21 ‘‘(I) a description of the roles and 

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1 ministrative and contractual roles and 

2 responsibilities; 

3 ‘‘(II) a description of the quality 

4 controls agreed to between the eligible 

5 applicant and the authorized public 

6 chartering agency involved, such as a 

7 contract or performance agreement, 

8 and how a school’s performance in the 

9 State’s academic accountability system 

10 will be a primary factor for renewal or 

11 revocation of the school’s charter; and 

12 ‘‘(III) a description of how the eli13 gible applicant will solicit and con14 sider input from parents and other 

15 members of the community on the im16 plementation and operation of each 

17 charter school receiving funds under 

18 the entity’s program; and 

19 ‘‘(ii) a description of how the entity 

20 will review applications; 

21 ‘‘(D) in the case of an entity that partners 

22 with an outside organization to carry out the en23 tity’s quality charter school program, in whole or 

24 in part, of the roles and responsibilities of this 

25 partner; 


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1 ‘‘(E) of how the entity will help the charter 

2 schools receiving funds under the entity’s pro3 gram consider the transportation needs of the 

4 schools’ students; and 

5 ‘‘(F) of how the entity will support diverse 

6 charter school models, including models that 

7 serve rural communities. 

8 ‘‘(2) ASSURANCES.—Assurances, including a de9 scription of how the assurances will be met, that— 

10 ‘‘(A) each charter school receiving funds 

11 under the entity’s program will have a high de12 gree of autonomy over budget and operations, in13 cluding personnel; 

14 ‘‘(B) the entity will support charter schools 

15 in meeting the educational needs of their stu16 dents as described in paragraph (1)(A)(x); 

17 ‘‘(C) the entity will ensure that the author18 ized public chartering agency of any charter 

19 school that receives funds under the entity’s pro20 gram— 

21 ‘‘(i) ensures that each charter school is 

22 meeting the obligations under this Act, part 

23 B of the Individuals with Disabilities Edu24 cation Act, title VI of the Civil Rights Act 

25 of 1964, section 504 of the Rehabilitation 


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1 Act of 1973, the Age Discrimination Act of 

2 1975, and title IX of the Education Amend3 ments of 1972; 

4 ‘‘(ii) adequately monitors and helps 

5 each charter school in recruiting, enrolling, 

6 and meeting the needs of all students, in7 cluding students with disabilities and 

8 English learners; and 

9 ‘‘(iii) ensures that each charter school 

10 solicits and considers input from parents 

11 and other members of the community on the 

12 implementation and operation of the school; 

13 ‘‘(D) the entity will provide adequate tech14 nical assistance to eligible applicants to— 

15 ‘‘(i) meet the objectives described in 

16 clauses (vii), (viii), and (x) of paragraph 

17 (1)(A); and 

18 ‘‘(ii) enroll traditionally underserved 

19 students, including students with disabil20 ities and English learners, to promote an 

21 inclusive education environment; 

22 ‘‘(E) the entity will promote quality author23 izing, such as through providing technical assist24 ance, to support all authorized public chartering 


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1 agencies in the State to improve the monitoring 

2 of their charter schools, including by— 

3 ‘‘(i) assessing annual performance data 

4 of the schools, including, as appropriate, 

5 graduation rates and student growth; and 

6 ‘‘(ii) reviewing the schools’ inde7 pendent, annual audits of financial state8 ments conducted in accordance with gen9 erally accepted accounting principles, and 

10 ensuring any such audits are publically re11 ported; 

12 ‘‘(F) the entity will work to ensure that 

13 charter schools are included with the traditional 

14 public schools in decision-making about the pub15 lic school system in the State; and 

16 ‘‘(G) the entity will ensure that each charter 

17 school in the State make publicly available, con18 sistent with the dissemination requirements of 

19 the annual State report card, the information 

20 parents need to make informed decisions about 

21 the education options available to their children, 

22 including information on the educational pro23 gram, student support services, and annual per24 formance and enrollment data for the groups of 


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1 students described in section 

2 1111(b)(3)(B)(ii)(II). 

3 ‘‘(3) REQUESTS FOR WAIVERS.—A request and 

4 justification for waivers of any Federal statutory or 

5 regulatory provisions that the entity believes are nec6 essary for the successful operation of the charter 

7 schools that will receive funds under the entity’s pro8 gram under this section, and a description of any 

9 State or local rules, generally applicable to public 

10 schools, that will be waived, or otherwise not apply to 

11 such schools. 

12 ‘‘(f) SELECTION CRITERIA; PRIORITY.— 

13 ‘‘(1) SELECTION CRITERIA.—The Secretary shall 

14 award grants to State entities under this section on 

15 the basis of the quality of the applications submitted 

16 under subsection (e), after taking into consider17 ation— 

18 ‘‘(A) the degree of flexibility afforded by the 

19 State’s public charter school law and how the en20 tity will work to maximize the flexibility pro21 vided to charter schools under the law; 

22 ‘‘(B) the ambitiousness of the entity’s objec23 tives for the quality charter school program car24 ried out under this section; 


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1 ‘‘(C) the quality of the strategy for assessing 

2 achievement of those objectives; 

3 ‘‘(D) the likelihood that the eligible appli4 cants receiving subgrants under the program will 

5 meet those objectives and improve educational re6 sults for students; 

7 ‘‘(E) the proposed number of new charter 

8 schools to be opened, and the proposed number of 

9 high-quality charter schools to be replicated or 

10 expanded under the program; 

11 ‘‘(F) the entity’s plan to— 

12 ‘‘(i) adequately monitor the eligible ap13 plicants receiving subgrants under the enti14 ty’s program; and 

15 ‘‘(ii) work with the authorized public 

16 chartering agencies involved to avoid dupli17 cation of work for the charter schools and 

18 authorized public chartering agencies; 

19 ‘‘(G) the entity’s plan to provide adequate 

20 technical assistance, as described in the entity’s 

21 application under subsection (e), for the eligible 

22 applicants receiving subgrants under the entity’s 

23 program under this section; 


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1 ‘‘(H) the entity’s plan to support quality 

2 authorizing efforts in the State, consistent with 

3 the objectives described in subparagraph (B); and 

4 ‘‘(I) the entity’s plan to solicit and consider 

5 input from parents and other members of the 

6 community on the implementation and oper7 ation of the charter schools in the State. 

8 ‘‘(2) PRIORITY.—In awarding grants under this 

9 section, the Secretary shall give priority to State enti10 ties to the extent that they meet the following criteria: 

11 ‘‘(A) In the case of a State entity located in 

12 a State that allows an entity other than a local 

13 educational agency to be an authorized public 

14 chartering agency, the State has a quality au15 thorized public chartering agency that is an enti16 ty other than a local educational agency. 

17 ‘‘(B) The State entity is located in a State 

18 that does not impose any limitation on the num19 ber or percentage of charter schools that may 

20 exist or the number or percentage of students 

21 that may attend charter schools in the State. 

22 ‘‘(C) The State entity is located in a State 

23 that ensures equitable financing, as compared to 

24 traditional public schools, for charter schools and 

25 students in a prompt manner. 


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1 ‘‘(D) The State entity is located in a State 

2 that uses best practices from charter schools to 

3 help improve struggling schools and local edu4 cational agencies. 

5 ‘‘(E) The State entity partners with an or6 ganization that has a demonstrated record of 

7 success in developing management organizations 

8 to support the development of charter schools in 

9 the State. 

10 ‘‘(F) The State entity demonstrates quality 

11 policies and practices to support and monitor 

12 charter schools through factors including— 

13 ‘‘(i) the proportion of high-quality 

14 charter schools in the State; and 

15 ‘‘(ii) the proportion of charter schools 

16 enrolling, at a rate similar to traditional 

17 public schools, traditionally underserved 

18 students, including students with disabil19 ities and English learners. 

20 ‘‘(G) The State entity supports charter 

21 schools that support at-risk students through ac22 tivities such as dropout prevention or dropout 

23 recovery. 


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1 ‘‘(H) The State entity authorizes all charter 

2 schools in the State to serve as school food au3 thorities. 

4 ‘‘(g) LOCAL USES OF FUNDS.—An eligible applicant 

5 receiving a subgrant under this section shall use such funds 

6 to open new charter schools, open replicable, high-quality 

7 charter school models, or expand existing high-quality char8 ter schools. 

9 ‘‘(h) REPORTING REQUIREMENTS.—Each State entity 

10 receiving a grant under this section shall submit to the Sec11 retary, at the end of the third year of the 5-year grant pe12 riod and at the end of such grant period, a report on— 

13 ‘‘(1) the number of students served under each 

14 subgrant awarded under this section and, if applica15 ble, how many new students were served during each 

16 year of the subgrant period; 

17 ‘‘(2) the number of subgrants awarded under this 

18 section to carry out each of the following— 

19 ‘‘(A) the opening of new charter schools; 

20 ‘‘(B) the opening of replicable, high-quality 

21 charter school models; and 

22 ‘‘(C) the expansion of high-quality charter 

23 schools; 


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1 ‘‘(3) the progress the entity made toward meeting 

2 the priorities described in subsection (f)(2), as appli3 cable; 

4 ‘‘(4) how the entity met the objectives of the qual5 ity charter school program described in the entity’s 

6 application under subsection (e); 

7 ‘‘(5) how the entity complied with, and ensured 

8 that eligible applicants complied with, the assurances 

9 described in the entity’s application; and 

10 ‘‘(6) how the entity worked with authorized pub11 lic chartering agencies and how such agencies worked 

12 with the management company or leadership of the 

13 schools that received subgrants under this section. 

14 ‘‘(i) STATE ENTITY DEFINED.—For purposes of this 

15 section, the term ‘State entity’ means— 

16 ‘‘(1) a State educational agency; 

17 ‘‘(2) a State charter school board; 

18 ‘‘(3) a Governor of a State; or 

19 ‘‘(4) a charter support organization. 

20 ‘‘SEC. 3104. FACILITIES FINANCING ASSISTANCE. 

21 ‘‘(a) GRANTS TO ELIGIBLE ENTITIES.— 

22 ‘‘(1) IN GENERAL.—From the amount reserved 

23 under section 3102(b)(1), the Secretary shall award 

24 grants to eligible entities that have the highest-quality 

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1 sidering the diversity of such applications, to dem2 onstrate innovative methods of assisting charter 

3 schools to address the cost of acquiring, constructing, 

4 and renovating facilities by enhancing the avail5 ability of loans or bond financing. 

6 ‘‘(2) ELIGIBLE ENTITY DEFINED.—For purposes 

7 of this section, the term ‘eligible entity’ 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 types 

10 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 ex15 pertise 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 avail21 able to charter schools, including how the entity 

22 will offer a combination of rates and terms more 

23 favorable than the rates and terms that a charter 

24 school could receive without assistance from the 

25 entity under this section; 


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1 ‘‘(E) a description of how the eligible entity 

2 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 submitted 

7 by a State governmental entity, a description of 

8 the actions that the entity has taken, or will 

9 take, to ensure that charter schools within the 

10 State receive the funding the charter schools need 

11 to have adequate facilities. 

12 ‘‘(e) CHARTER SCHOOL OBJECTIVES.—An eligible en13 tity receiving a grant under this section shall use the funds 

14 deposited in the reserve account established under subsection 

15 (f) to assist one or more charter schools to access private 

16 sector capital to accomplish one or both of the following ob17 jectives: 

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 that 

22 is necessary to commence or continue the operation of 

23 a charter school. 

24 ‘‘(2) The construction of new facilities, including 

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1 teration of existing facilities, necessary to commence 

2 or continue the operation of a charter school. 

3 ‘‘(f) RESERVE ACCOUNT.— 

4 ‘‘(1) USE OF FUNDS.—To assist charter schools 

5 to accomplish the objectives described in subsection 

6 (e), an eligible entity receiving a grant under sub7 section (a) shall, in accordance with State and local 

8 law, directly or indirectly, alone or in collaboration 

9 with others, deposit the funds received under sub10 section (a) (other than funds used for administrative 

11 costs in accordance with subsection (g)) in a reserve 

12 account established and maintained by the eligible en13 tity for this purpose. Amounts deposited in such ac14 count shall be used by the eligible entity for one or 

15 more of the following purposes: 

16 ‘‘(A) Guaranteeing, insuring, and rein17 suring bonds, notes, evidences of debt, loans, and 

18 interests therein, the proceeds of which are used 

19 for an objective described in subsection (e). 

20 ‘‘(B) Guaranteeing and insuring leases of 

21 personal and real property for an objective de22 scribed in subsection (e). 

23 ‘‘(C) Facilitating financing by identifying 

24 potential lending sources, encouraging private 

25 lending, and other similar activities that directly 


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1 promote lending to, or for the benefit of, charter 

2 schools. 

3 ‘‘(D) Facilitating the issuance of bonds by 

4 charter schools, or by other public entities for the 

5 benefit of charter schools, by providing technical, 

6 administrative, and other appropriate assistance 

7 (including the recruitment of bond counsel, un8 derwriters, and potential investors and the con9 solidation of multiple charter school projects 

10 within a single bond issue). 

11 ‘‘(2) INVESTMENT.—Funds received under this 

12 section and deposited in the reserve account estab13 lished under paragraph (1) shall be invested in obli14 gations issued or guaranteed by the United States or 

15 a State, or in other similarly low-risk securities. 

16 ‘‘(3) REINVESTMENT OF EARNINGS.—Any earn17 ings on funds received under subsection (a) shall be 

18 deposited in the reserve account established under 

19 paragraph (1) and used in accordance with such 

20 paragraph. 

21 ‘‘(g) LIMITATION ON ADMINISTRATIVE COSTS.—An eli22 gible entity may use not more than 2.5 percent of the funds 

23 received under subsection (a) for the administrative costs 

24 of carrying out its responsibilities under this section (ex25 cluding subsection (k)). 


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1 ‘‘(h) AUDITS AND REPORTS.— 

2 ‘‘(1) FINANCIAL RECORD MAINTENANCE AND

3 AUDIT.—The financial records of each eligible entity 

4 receiving a grant under subsection (a) shall be main5 tained in accordance with generally accepted account6 ing principles and shall be subject to an annual audit 

7 by an independent public accountant. 

8 ‘‘(2) REPORTS.— 

9 ‘‘(A) GRANTEE ANNUAL REPORTS.—Each el10 igible entity receiving a grant under subsection 

11 (a) annually shall submit to the Secretary a re12 port of its operations and activities under this 

13 section. 

14 ‘‘(B) CONTENTS.—Each annual report sub15 mitted under subparagraph (A) shall include— 

16 ‘‘(i) a copy of the most recent financial 

17 statements, and any accompanying opinion 

18 on such statements, prepared by the inde19 pendent public accountant reviewing the fi20 nancial records of the eligible entity; 

21 ‘‘(ii) a copy of any report made on an 

22 audit of the financial records of the eligible 

23 entity that was conducted under paragraph 

24 (1) during the reporting period; 


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1 ‘‘(iii) an evaluation by the eligible en2 tity of the effectiveness of its use of the Fed3 eral funds provided under subsection (a) in 

4 leveraging private funds; 

5 ‘‘(iv) a listing and description of the 

6 charter schools served during the reporting 

7 period, including the amount of funds used 

8 by each school, the type of project facilitated 

9 by the grant, and the type of assistance pro10 vided to the charter schools; 

11 ‘‘(v) a description of the activities car12 ried out by the eligible entity to assist char13 ter schools in meeting the objectives set forth 

14 in subsection (e); and 

15 ‘‘(vi) a description of the characteris16 tics of lenders and other financial institu17 tions participating in the activities under18 taken by the eligible entity under this sec19 tion (excluding subsection (k)) during the 

20 reporting period. 

21 ‘‘(C) SECRETARIAL REPORT.—The Sec22 retary shall review the reports submitted under 

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1 tivities conducted under this section (excluding 

2 subsection (k)). 

3 ‘‘(i) NO FULL FAITH AND CREDIT FOR GRANTEE OB4 LIGATION.—No financial obligation of an eligible entity en5 tered into pursuant to this section (such as an obligation 

6 under a guarantee, bond, note, evidence of debt, or loan) 

7 shall be an obligation of, or guaranteed in any respect by, 

8 the United States. The full faith and credit of the United 

9 States is not pledged to the payment of funds which may 

10 be required to be paid under any obligation made by an 

11 eligible entity pursuant to any provision of this section. 

12 ‘‘(j) RECOVERY OF FUNDS.— 

13 ‘‘(1) IN GENERAL.—The Secretary, in accordance 

14 with chapter 37 of title 31, United States Code, shall 

15 collect— 

16 ‘‘(A) all of the funds in a reserve account es17 tablished by an eligible entity under subsection 

18 (f)(1) if the Secretary determines, not earlier 

19 than 2 years after the date on which the eligible 

20 entity first received funds under this section (ex21 cluding subsection (k)), that the eligible entity 

22 has failed to make substantial progress in car23 rying out the purposes described in subsection 

24 (f)(1); or 


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1 ‘‘(B) all or a portion of the funds in a re2 serve account established by an eligible entity 

3 under subsection (f)(1) if the Secretary deter4 mines that the eligible entity has permanently 

5 ceased to use all or a portion of the funds in 

6 such account to accomplish any purpose de7 scribed in subsection (f)(1). 

8 ‘‘(2) EXERCISE OF AUTHORITY.—The Secretary 

9 shall not exercise the authority provided in paragraph 

10 (1) to collect from any eligible entity any funds that 

11 are being properly used to achieve one or more of the 

12 purposes described in subsection (f)(1). 

13 ‘‘(3) PROCEDURES.—The provisions of sections 

14 451, 452, and 458 of the General Education Provi15 sions Act (20 U.S.C. 1234, 1234a, 1234g) shall apply 

16 to the recovery of funds under paragraph (1). 

17 ‘‘(4) CONSTRUCTION.—This subsection shall not 

18 be construed to impair or affect the authority of the 

19 Secretary to recover funds under part D of the Gen20 eral Education Provisions Act (20 U.S.C. 1234 et 

21 seq.). 

22 ‘‘(k) PER-PUPIL FACILITIES AID PROGRAM.— 

23 ‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID

24 PROGRAM.—In this subsection, the term ‘per-pupil fa25 cilities aid program’ means a program in which a 


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1 State makes payments, on a per-pupil basis, to char2 ter schools to provide the schools with financing— 

3 ‘‘(A) that is dedicated solely for funding 

4 charter school facilities; or 

5 ‘‘(B) a portion of which is dedicated for 

6 funding charter school facilities. 

7 ‘‘(2) GRANTS.— 

8 ‘‘(A) IN GENERAL.—From the amount re9 served under section 3102(b)(1) and remaining 

10 after the Secretary makes grants under sub11 section (a), the Secretary shall make grants, on 

12 a competitive basis, to States to pay for the Fed13 eral share of the cost of establishing or enhanc14 ing, and administering per-pupil facilities aid 

15 programs. 

16 ‘‘(B) PERIOD.—The Secretary shall award 

17 grants under this subsection for periods of not 

18 more than 5 years. 

19 ‘‘(C) FEDERAL SHARE.—The Federal share 

20 of the cost described in subparagraph (A) for a 

21 per-pupil facilities aid program shall be not 

22 more than— 

23 ‘‘(i) 90 percent of the cost, for the first 

24 fiscal year for which the program receives 

25 assistance under this subsection; 


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1 ‘‘(ii) 80 percent in the second such 

2 year; 

3 ‘‘(iii) 60 percent in the third such 

4 year; 

5 ‘‘(iv) 40 percent in the fourth such 

6 year; and 

7 ‘‘(v) 20 percent in the fifth such year. 

8 ‘‘(D) STATE SHARE.—A State receiving a 

9 grant under this subsection may partner with 1 

10 or more organizations to provide up to 50 per11 cent of the State share of the cost of establishing 

12 or enhancing, and administering the per-pupil 

13 facilities aid program. 

14 ‘‘(E) MULTIPLE GRANTS.—A State may re15 ceive more than 1 grant under this subsection, so 

16 long as the amount of such funds provided to 

17 charter schools increases with each successive 

18 grant. 

19 ‘‘(3) USE OF FUNDS.— 

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

21 grant under this subsection shall use the funds 

22 made available through the grant to establish or 

23 enhance, and administer, a per-pupil facilities 

24 aid program for charter schools in the State of 

25 the applicant. 


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1 ‘‘(B) EVALUATIONS; TECHNICAL ASSIST2 ANCE; DISSEMINATION.—From the amount made 

3 available to a State through a grant under this 

4 subsection for a fiscal year, the State may re5 serve not more than 5 percent to carry out eval6 uations, to provide technical assistance, and to 

7 disseminate information. 

8 ‘‘(C) SUPPLEMENT, NOT SUPPLANT.—Funds 

9 made available under this subsection shall be 

10 used to supplement, and not supplant, State, 

11 and local public funds expended to provide per 

12 pupil facilities aid programs, operations financ13 ing programs, or other programs, for charter 

14 schools. 

15 ‘‘(4) REQUIREMENTS.— 

16 ‘‘(A) VOLUNTARY PARTICIPATION.—No State 

17 may be required to participate in a program 

18 carried out under this subsection. 

19 ‘‘(B) STATE LAW.— 

20 ‘‘(i) IN GENERAL.—Except as provided 

21 in clause (ii), to be eligible to receive a 

22 grant under this subsection, a State shall 

23 establish or enhance, and administer, a per24 pupil facilities aid program for charter 

25 schools in the State, that— 


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1 ‘‘(I) is specified in State law; and 

2 ‘‘(II) provides annual financing, 

3 on a per-pupil basis, for charter school 

4 facilities. 

5 ‘‘(ii) SPECIAL RULE.—Notwith6 standing clause (i), a State that is required 

7 under State law to provide its charter 

8 schools with access to adequate facility 

9 space, but which does not have a per-pupil 

10 facilities aid program for charter schools 

11 specified in State law, may be eligible to re12 ceive a grant under this subsection if the 

13 State agrees to use the funds to develop a 

14 per-pupil facilities aid program consistent 

15 with the requirements of this subsection. 

16 ‘‘(5) APPLICATIONS.—To be eligible to receive a 

17 grant under this subsection, a State shall submit an 

18 application to the Secretary at such time, in such 

19 manner, and containing such information as the Sec20 retary may require. 

21 ‘‘SEC. 3105. NATIONAL ACTIVITIES. 

22 ‘‘(a) IN GENERAL.—From the amount reserved under 

23 section 3102(b)(2), the Secretary shall— 


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1 ‘‘(1) use not less than 50 percent of such funds 

2 to award grants in accordance with subsection (b); 

3 and 

4 ‘‘(2) use the remainder of such funds to— 

5 ‘‘(A) disseminate technical assistance to 

6 State entities in awarding subgrants under sec7 tion 3103, and eligible entities and States receiv8 ing grants under section 3104; 

9 ‘‘(B) disseminate best practices; and 

10 ‘‘(C) evaluate the impact of the charter 

11 school program, including the impact on student 

12 achievement, carried out under this subpart. 

13 ‘‘(b) GRANTS.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall make 

15 grants, on a competitive basis, to eligible applicants 

16 for the purpose of carrying out the activities described 

17 in section 3102(a)(1), subparagraphs (A) through (C) 

18 of section 3103(a)(1), and section 3103(g). 

19 ‘‘(2) TERMS AND CONDITIONS.—Except as other20 wise provided in this subsection, grants awarded 

21 under this subsection shall have the same terms and 

22 conditions as grants awarded to State entities under 

23 section 3103. 

24 ‘‘(3) ELIGIBLE APPLICANT DEFINED.—For pur25 poses of this subsection, the term ‘eligible applicant’ 


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1 means an eligible applicant that desires to open a 

2 charter school in— 

3 ‘‘(A) a State that did not apply for a grant 

4 under section 3103; 

5 ‘‘(B) a State that did not receive a grant 

6 under section 3103; or 

7 ‘‘(C) a State that received a grant under 

8 section 3103 and is in the 4th or 5th year of the 

9 grant period for such grant. 

10 ‘‘(c) CONTRACTS AND GRANTS.—The Secretary may 

11 carry out any of the activities described in this section di12 rectly or through grants, contracts, or cooperative agree13 ments. 

14 ‘‘SEC. 3106. FEDERAL FORMULA ALLOCATION DURING 

15 FIRST YEAR AND FOR SUCCESSIVE ENROLL16 MENT EXPANSIONS. 

17 ‘‘(a) IN GENERAL.—For purposes of the allocation to 

18 schools by the States or their agencies of funds under part 

19 A of title I, and any other Federal funds which the Sec20 retary allocates to States on a formula basis, the Secretary 

21 and each State educational agency shall take such measures 

22 as are necessary to ensure that every charter school receives 

23 the Federal funding for which the charter school is eligible 

24 not later than 5 months after the charter school first opens, 

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1 tics of the students enrolling in that charter school are not 

2 fully and completely determined until that charter school 

3 actually opens. The measures similarly shall ensure that 

4 every charter school expanding its enrollment in any subse5 quent year of operation receives the Federal funding for 

6 which the charter school is eligible not later than 5 months 

7 after such expansion. 

8 ‘‘(b) ADJUSTMENT AND LATE OPENINGS.— 

9 ‘‘(1) IN GENERAL.—The measures described in 

10 subsection (a) shall include provision for appropriate 

11 adjustments, through recovery of funds or reduction of 

12 payments for the succeeding year, in cases where pay13 ments made to a charter school on the basis of esti14 mated or projected enrollment data exceed the 

15 amounts that the school is eligible to receive on the 

16 basis of actual or final enrollment data. 

17 ‘‘(2) RULE.—For charter schools that first open 

18 after November 1 of any academic year, the State, in 

19 accordance with guidance provided by the Secretary 

20 and applicable Federal statutes and regulations, shall 

21 ensure that such charter schools that are eligible for 

22 the funds described in subsection (a) for such aca23 demic year have a full and fair opportunity to receive 

24 those funds during the charter schools’ first year of 

25 operation. 


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1 ‘‘SEC. 3107. SOLICITATION OF INPUT FROM CHARTER 

2 SCHOOL OPERATORS. 

3 ‘‘To the extent practicable, the Secretary shall ensure 

4 that administrators, teachers, and other individuals di5 rectly involved in the operation of charter schools are con6 sulted in the development of any rules, regulations, or non7 regulatory guidance required to implement this subpart, as 

8 well as in the development of any rules, regulations, or non9 regulatory guidance relevant to charter schools that are re10 quired to implement part A of title I, the Individuals with 

11 Disabilities Education Act, or any other program adminis12 tered by the Secretary that provides education funds to 

13 charter schools or regulates the activities of charter schools. 

14 ‘‘SEC. 3108. RECORDS TRANSFER. 

15 ‘‘State educational agencies and local educational 

16 agencies, as quickly as possible and to the extent prac17 ticable, shall ensure that a student’s records and, if applica18 ble, a student’s individualized education program as de19 fined in section 602(14) of the Individuals with Disabilities 

20 Education Act, are transferred to a charter school upon the 

21 transfer of the student to the charter school, and to another 

22 public school upon the transfer of the student from a charter 

23 school to another public school, in accordance with applica24 ble State law. 


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1 ‘‘SEC. 3109. PAPERWORK REDUCTION. 

2 ‘‘To the extent practicable, the Secretary and each au3 thorized public chartering agency shall ensure that imple4 mentation of this subpart results in a minimum of paper5 work for any eligible applicant or charter school. 

6 ‘‘SEC. 3110. DEFINITIONS. 

7 ‘‘In this subpart: 

8 ‘‘(1) AUTHORIZED PUBLIC CHARTERING AGEN9 CY.—The term ‘authorized public chartering agency’ 

10 means a State educational agency, local educational 

11 agency, or other public entity that has the authority 

12 pursuant to State law and approved by the Secretary 

13 to authorize or approve a charter school. 

14 ‘‘(2) CHARTER SUPPORT ORGANIZATION.—The 

15 term ‘charter support organization’ means a non16 profit, nongovernmental entity that provides, on a 

17 statewide or regional basis— 

18 ‘‘(A) assistance to developers during the 

19 planning, program design, and initial imple20 mentation of a charter school; and 

21 ‘‘(B) technical assistance to operate charter 

22 schools. 

23 ‘‘(3) DEVELOPER.—The term ‘developer’ means 

24 an individual or group of individuals (including a 

25 public or private nonprofit organization), which may 

26 include teachers, administrators and other school 


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1 staff, parents, or other members of the local commu2 nity in which a charter school project will be carried 

3 out. 

4 ‘‘(4) ELIGIBLE APPLICANT.—The term ‘eligible 

5 applicant’ means a developer that has— 

6 ‘‘(A) applied to an authorized public char7 tering authority to operate a charter school; and 

8 ‘‘(B) provided adequate and timely notice to 

9 that authority. 

10 ‘‘(5) EXPANSION OF A HIGH-QUALITY CHARTER

11 SCHOOL.—The term ‘expansion of a high-quality 

12 charter school’ means to significantly increase the en13 rollment of, or add one or more grades to, a high14 quality charter school. 

15 ‘‘(6) HIGH-QUALITY CHARTER SCHOOL.—The 

16 term ‘high-quality charter school’ means a charter 

17 school that— 

18 ‘‘(A) shows evidence of strong academic re19 sults, which may include strong academic growth 

20 as determined by a State; 

21 ‘‘(B) has no significant issues in the areas 

22 of student safety, financial management, or stat23 utory or regulatory compliance; 

24 ‘‘(C) has demonstrated success in signifi25 cantly increasing student academic achievement 


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1 and attainment for all students served by the 

2 charter school; and 

3 ‘‘(D) has demonstrated success in increasing 

4 student academic achievement for the groups of 

5 students described in section 

6 1111(b)(3)(B)(ii)(II), except that such dem7 onstration is not required in a case in which the 

8 number of students in a group is insufficient to 

9 yield statistically reliable information or the re10 sults would reveal personally identifiable infor11 mation about an individual student. 

12 ‘‘(7) REPLICABLE, HIGH-QUALITY CHARTER

13 SCHOOL MODEL.—The term ‘replicable, high-quality 

14 charter school model’ means a high-quality charter 

15 school that has the capability of opening another such 

16 charter school under an existing charter. 

17 ‘‘Subpart 2—Magnet School Assistance 

18 ‘‘SEC. 3121. PURPOSE. 

19 ‘‘The purpose of this subpart is to assist in the desegre20 gation of schools served by local educational agencies by 

21 providing financial assistance to eligible local educational 

22 agencies for— 

23 ‘‘(1) the elimination, reduction, or prevention of 

24 minority group isolation in elementary schools and 

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1 nority students, which shall include assisting in the 

2 efforts of the United States to achieve voluntary deseg3 regation in public schools; 

4 ‘‘(2) the development and implementation of 

5 magnet school programs that will assist local edu6 cational agencies in achieving systemic reforms and 

7 providing all students the opportunity to meet State 

8 academic standards; 

9 ‘‘(3) the development and design of innovative 

10 educational methods and practices that promote di11 versity and increase choices in public elementary 

12 schools and public secondary schools and public edu13 cational programs; 

14 ‘‘(4) courses of instruction within magnet schools 

15 that will substantially strengthen the knowledge of 

16 academic subjects and the attainment of tangible and 

17 marketable career, technical, and professional skills of 

18 students attending such schools; 

19 ‘‘(5) improving the ability of local educational 

20 agencies, including through professional development, 

21 to continue operating magnet schools at a high per22 formance level after Federal funding for the magnet 

23 schools is terminated; and 

24 ‘‘(6) ensuring that students enrolled in the mag25 net school programs have equitable access to a quality 


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1 education that will enable the students to succeed aca2 demically and continue with postsecondary education 

3 or employment. 

4 ‘‘SEC. 3122. DEFINITION. 

5 ‘‘For the purpose of this subpart, the term ‘magnet 

6 school’ means a public elementary school, public secondary 

7 school, public elementary education center, or public sec8 ondary education center that offers a special curriculum ca9 pable of attracting substantial numbers of students of dif10 ferent racial backgrounds. 

11 ‘‘SEC. 3123. PROGRAM AUTHORIZED. 

12 ‘‘From the amount appropriated under section 

13 3(c)(1)(B), the Secretary, in accordance with this subpart, 

14 is authorized to award grants to eligible local educational 

15 agencies, and consortia of such agencies where appropriate, 

16 to carry out the purpose of this subpart for magnet schools 

17 that are— 

18 ‘‘(1) part of an approved desegregation plan; 

19 and 

20 ‘‘(2) designed to bring students from different so21 cial, economic, ethnic, and racial backgrounds to22 gether. 

23 ‘‘SEC. 3124. ELIGIBILITY. 

24 ‘‘A local educational agency, or consortium of such 

25 agencies where appropriate, is eligible to receive a grant 


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1 under this subpart to carry out the purpose of this subpart 

2 if such agency or consortium— 

3 ‘‘(1) is implementing a plan undertaken pursu4 ant to a final order issued by a court of the United 

5 States, or a court of any State, or any other State 

6 agency or official of competent jurisdiction, that re7 quires the desegregation of minority-group-segregated 

8 children or faculty in the elementary schools and sec9 ondary schools of such agency; or 

10 ‘‘(2) without having been required to do so, has 

11 adopted and is implementing, or will, if a grant is 

12 awarded to such local educational agency, or consor13 tium of such agencies, under this subpart, adopt and 

14 implement a plan that has been approved by the Sec15 retary as adequate under title VI of the Civil Rights 

16 Act of 1964 for the desegregation of minority-group17 segregated children or faculty in such schools. 

18 ‘‘SEC. 3125. APPLICATIONS AND REQUIREMENTS. 

19 ‘‘(a) APPLICATIONS.—An eligible local educational 

20 agency, or consortium of such agencies, desiring to receive 

21 a grant under this subpart shall submit an application to 

22 the Secretary at such time and in such manner as the Sec23 retary may reasonably require. 

24 ‘‘(b) INFORMATION AND ASSURANCES.—Each applica25 tion submitted under subsection (a) shall include— 


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1 ‘‘(1) a description of— 

2 ‘‘(A) how a grant awarded under this sub3 part will be used to promote desegregation, in4 cluding how the proposed magnet school pro5 grams will increase interaction among students 

6 of different social, economic, ethnic, and racial 

7 backgrounds; 

8 ‘‘(B) the manner and extent to which the 

9 magnet school program will increase student 

10 academic achievement in the instructional area 

11 or areas offered by the school; 

12 ‘‘(C) how the applicant will continue the 

13 magnet school program after assistance under 

14 this subpart is no longer available, and, if appli15 cable, an explanation of why magnet schools es16 tablished or supported by the applicant with 

17 grant funds under this subpart cannot be contin18 ued without the use of grant funds under this 

19 subpart; 

20 ‘‘(D) how grant funds under this subpart 

21 will be used— 

22 ‘‘(i) to improve student academic 

23 achievement for all students attending the 

24 magnet school programs; and 


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1 ‘‘(ii) to implement services and activi2 ties that are consistent with other programs 

3 under this Act, and other Acts, as appro4 priate; and 

5 ‘‘(E) the criteria to be used in selecting stu6 dents to attend the proposed magnet school pro7 gram; and 

8 ‘‘(2) assurances that the applicant will— 

9 ‘‘(A) use grant funds under this subpart for 

10 the purposes specified in section 3121; 

11 ‘‘(B) employ effective teachers in the courses 

12 of instruction assisted under this subpart; 

13 ‘‘(C) not engage in discrimination based on 

14 race, religion, color, national origin, sex, or dis15 ability in— 

16 ‘‘(i) the hiring, promotion, or assign17 ment of employees of the applicant or other 

18 personnel for whom the applicant has any 

19 administrative responsibility; 

20 ‘‘(ii) the assignment of students to 

21 schools, or to courses of instruction within 

22 the schools, of such applicant, except to 

23 carry out the approved plan; and 

24 ‘‘(iii) designing or operating extra25 curricular activities for students; 


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1 ‘‘(D) carry out a quality education program 

2 that will encourage greater parental decision3 making and involvement; and 

4 ‘‘(E) give students residing in the local at5 tendance area of the proposed magnet school pro6 gram equitable consideration for placement in 

7 the program, consistent with desegregation guide8 lines and the capacity of the applicant to accom9 modate the students. 

10 ‘‘(c) SPECIAL RULE.—No grant shall be awarded 

11 under this subpart unless the Assistant Secretary of Edu12 cation for Civil Rights determines that the assurances de13 scribed in subsection (b)(2)(C) will be met. 

14 ‘‘SEC. 3126. PRIORITY. 

15 ‘‘In awarding grants under this subpart, the Secretary 

16 shall give priority to applicants that— 

17 ‘‘(1) demonstrate the greatest need for assistance, 

18 based on the expense or difficulty of effectively car19 rying out approved desegregation plans and the mag20 net school program for which the grant is sought; 

21 ‘‘(2) propose to carry out new magnet school pro22 grams, or significantly revise existing magnet school 

23 programs; 


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1 ‘‘(3) propose to select students to attend magnet 

2 school programs by methods such as lottery, rather 

3 than through academic examination; and 

4 ‘‘(4) propose to serve the entire student popu5 lation of a school. 

6 ‘‘SEC. 3127. USE OF FUNDS. 

7 ‘‘(a) IN GENERAL.—Grant funds made available under 

8 this subpart may be used by an eligible local educational 

9 agency, or consortium of such agencies— 

10 ‘‘(1) for planning and promotional activities di11 rectly related to the development, expansion, continu12 ation, or enhancement of academic programs and 

13 services offered at magnet schools; 

14 ‘‘(2) for the acquisition of books, materials, and 

15 equipment, including computers and the maintenance 

16 and operation of materials, equipment, and com17 puters, necessary to conduct programs in magnet 

18 schools; 

19 ‘‘(3) for the compensation, or subsidization of the 

20 compensation, of elementary school and secondary 

21 school teachers, and instructional staff where applica22 ble, who are necessary to conduct programs in magnet 

23 schools; 


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1 ‘‘(4) with respect to a magnet school program of2 fered to less than the entire student population of a 

3 school, for instructional activities that— 

4 ‘‘(A) are designed to make available the spe5 cial curriculum that is offered by the magnet 

6 school program to students who are enrolled in 

7 the school but who are not enrolled in the magnet 

8 school program; and 

9 ‘‘(B) further the purpose of this subpart; 

10 ‘‘(5) for activities, which may include profes11 sional development, that will build the recipient’s ca12 pacity to operate magnet school programs once the 

13 grant period has ended; 

14 ‘‘(6) to enable the local educational agency, or 

15 consortium of such agencies, to have more flexibility 

16 in the administration of a magnet school program in 

17 order to serve students attending a school who are not 

18 enrolled in a magnet school program; and 

19 ‘‘(7) to enable the local educational agency, or 

20 consortium of such agencies, to have flexibility in de21 signing magnet schools for students in all grades. 

22 ‘‘(b) SPECIAL RULE.—Grant funds under this subpart 

23 may be used for activities described in paragraphs (2) and 

24 (3) of subsection (a) only if the activities are directly related 

25 to improving student academic achievement based on the 


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1 State’s academic standards or directly related to improving 

2 student reading skills or knowledge of mathematics, science, 

3 history, geography, English, foreign languages, art, or 

4 music, or to improving career, technical, and professional 

5 skills. 

6 ‘‘SEC. 3128. LIMITATIONS. 

7 ‘‘(a) DURATION OF AWARDS.—A grant under this sub8 part shall be awarded for a period that shall not exceed 

9 3 fiscal years. 

10 ‘‘(b) LIMITATION ON PLANNING FUNDS.—A local edu11 cational agency, or consortium of such agencies, may ex12 pend for planning (professional development shall not be 

13 considered to be planning for purposes of this subsection) 

14 not more than 50 percent of the grant funds received under 

15 this subpart for the first year of the program and not more 

16 than 15 percent of such funds for each of the second and 

17 third such years. 

18 ‘‘(c) AMOUNT.—No local educational agency, or con19 sortium of such agencies, awarded a grant under this sub20 part shall receive more than $4,000,000 under this subpart 

21 for any 1 fiscal year. 

22 ‘‘(d) TIMING.—To the extent practicable, the Secretary 

23 shall award grants for any fiscal year under this subpart 

24 not later than July 1 of the applicable fiscal year. 


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1 ‘‘SEC. 3129. EVALUATIONS. 

2 ‘‘(a) RESERVATION.—The Secretary may reserve not 

3 more than 2 percent of the funds appropriated under section 

4 3(c)(1)(B) for any fiscal year to carry out evaluations, pro5 vide technical assistance, and carry out dissemination 

6 projects with respect to magnet school programs assisted 

7 under this subpart. 

8 ‘‘(b) CONTENTS.—Each evaluation described in sub9 section (a), at a minimum, shall address— 

10 ‘‘(1) how and the extent to which magnet school 

11 programs lead to educational quality and academic 

12 improvement; 

13 ‘‘(2) the extent to which magnet school programs 

14 enhance student access to a quality education; 

15 ‘‘(3) the extent to which magnet school programs 

16 lead to the elimination, reduction, or prevention of 

17 minority group isolation in elementary schools and 

18 secondary schools with substantial proportions of mi19 nority students; and 

20 ‘‘(4) the extent to which magnet school programs 

21 differ from other school programs in terms of the or22 ganizational characteristics and resource allocations 

23 of such magnet school programs. 

24 ‘‘(c) DISSEMINATION.—The Secretary shall collect and 

25 disseminate to the general public information on successful 

26 magnet school programs. 


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1 ‘‘SEC. 3130. RESERVATION. 

2 ‘‘In any fiscal year for which the amount appropriated 

3 under section 3(c)(1)(B) exceeds $75,000,000, the Secretary 

4 shall give priority in using such amounts in excess of 

5 $75,000,000 to awarding grants to local educational agen6 cies or consortia of such agencies that did not receive a 

7 grant under this subpart in the preceding fiscal year. 

8 ‘‘Subpart 3—Family Engagement in Education 

9 Programs 

10 ‘‘SEC. 3141. PURPOSES. 

11 ‘‘The purposes of this subpart are the following: 

12 ‘‘(1) To provide financial support to organiza13 tions to provide technical assistance and training to 

14 State and local educational agencies in the implemen15 tation and enhancement of systemic and effective fam16 ily engagement policies, programs, and activities that 

17 lead to improvements in student development and 

18 academic achievement. 

19 ‘‘(2) To assist State educational agencies, local 

20 educational agencies, community-based organizations, 

21 schools, and educators in strengthening partnerships 

22 among parents, teachers, school leaders, administra23 tors, and other school personnel in meeting the edu24 cational needs of children and fostering greater paren25 tal engagement. 


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1 ‘‘(3) To support State educational agencies, local 

2 educational agencies, schools, educators, and parents 

3 in developing and strengthening the relationship be4 tween parents and their children’s school in order to 

5 further the developmental progress of children. 

6 ‘‘(4) To coordinate activities funded under this 

7 subpart with parent involvement initiatives funded 

8 under section 1118 and other provisions of this Act. 

9 ‘‘(5) To assist the Secretary, State educational 

10 agencies, and local educational agencies in the coordi11 nation and integration of Federal, State, and local 

12 services and programs to engage families in edu13 cation. 

14 ‘‘SEC. 3142. GRANTS AUTHORIZED. 

15 ‘‘(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.— 

16 From the amount appropriated under section 3(c)(1)(C), 

17 the Secretary is authorized to award grants for each fiscal 

18 year to statewide organizations (or consortia of such orga19 nizations), to establish Statewide Family Engagement Cen20 ters that provide comprehensive training and technical as21 sistance to State educational agencies, local educational 

22 agencies, schools identified by State educational agencies 

23 and local educational agencies, organizations that support 

24 family-school partnerships, and other organizations that 


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1 carry out, or carry out directly, parent education and fam2 ily engagement in education programs. 

3 ‘‘(b) MINIMUM AWARD.—In awarding grants under 

4 this section, the Secretary shall, to the extent practicable, 

5 ensure that a grant is awarded for a Statewide Family En6 gagement Center in an amount not less than $500,000. 

7 ‘‘SEC. 3143. APPLICATIONS. 

8 ‘‘(a) SUBMISSIONS.—Each statewide organization, or 

9 a consortium of such organizations, that desires a grant 

10 under this subpart shall submit an application to the Sec11 retary at such time, in such manner, and including the in12 formation described in subsection (b). 

13 ‘‘(b) CONTENTS.—Each application submitted under 

14 subsection (a) shall include, at a minimum, the following: 

15 ‘‘(1) A description of the applicant’s approach to 

16 family engagement in education. 

17 ‘‘(2) A description of the support that the State18 wide Family Engagement Center that will be oper19 ated by the applicant will have from the State edu20 cational agency and any partner organization out21 lining the commitment to work with the center. 

22 ‘‘(3) A description of the applicant’s plan for 

23 building a statewide infrastructure for family engage24 ment in education, that includes— 

25 ‘‘(A) management and governance; 


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1 ‘‘(B) statewide leadership; or 

2 ‘‘(C) systemic services for family engage3 ment in education. 

4 ‘‘(4) A description of the applicant’s dem5 onstrated experience in providing training, informa6 tion, and support to State educational agencies, local 

7 educational agencies, schools, educators, parents, and 

8 organizations on family engagement in education 

9 policies and practices that are effective for parents 

10 (including low-income parents) and families, English 

11 learners, minorities, parents of students with disabil12 ities, parents of homeless students, foster parents and 

13 students, and parents of migratory students, includ14 ing evaluation results, reporting, or other data exhib15 iting such demonstrated experience. 

16 ‘‘(5) An assurance that the applicant will— 

17 ‘‘(A) establish a special advisory committee, 

18 the membership of which includes— 

19 ‘‘(i) parents, who shall constitute a 

20 majority of the members of the special advi21 sory committee; 

22 ‘‘(ii) representatives of education pro23 fessionals with expertise in improving serv24 ices for disadvantaged children; 


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1 ‘‘(iii) representatives of local elemen2 tary schools and secondary schools, includ3 ing students; 

4 ‘‘(iv) representatives of the business 

5 community; and 

6 ‘‘(v) representatives of State edu7 cational agencies and local educational 

8 agencies; 

9 ‘‘(B) use not less than 65 percent of the 

10 funds received under this subpart in each fiscal 

11 year to serve local educational agencies, schools, 

12 and community-based organizations that serve 

13 high concentrations of disadvantaged students, 

14 including English learners, minorities, parents 

15 of students with disabilities, parents of homeless 

16 students, foster parents and students, and par17 ents of migratory students; 

18 ‘‘(C) operate a Statewide Family Engage19 ment Center of sufficient size, scope, and quality 

20 to ensure that the Center is adequate to serve the 

21 State educational agency, local educational agen22 cies, and community-based organizations; 

23 ‘‘(D) ensure that the Center will retain staff 

24 with the requisite training and experience to 

25 serve parents in the State; 


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1 ‘‘(E) serve urban, suburban, and rural local 

2 educational agencies and schools; 

3 ‘‘(F) work with— 

4 ‘‘(i) other Statewide Family Engage5 ment Centers assisted under this subpart; 

6 and 

7 ‘‘(ii) parent training and information 

8 centers and community parent resource cen9 ters assisted under sections 671 and 672 of 

10 the Individuals with Disabilities Education 

11 Act; 

12 ‘‘(G) use not less than 30 percent of the 

13 funds received under this subpart for each fiscal 

14 year to establish or expand technical assistance 

15 for evidence-based parent education programs; 

16 ‘‘(H) provide assistance to State edu17 cational agencies and local educational agencies 

18 and community-based organizations that support 

19 family members in supporting student academic 

20 achievement; 

21 ‘‘(I) work with State educational agencies, 

22 local educational agencies, schools, educators, 

23 and parents to determine parental needs and the 

24 best means for delivery of services to address 

25 such needs; and 


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1 ‘‘(J) conduct sufficient outreach to assist 

2 parents, including parents who the applicant 

3 may have a difficult time engaging with a school 

4 or local educational agency. 

5 ‘‘SEC. 3144. USES OF FUNDS. 

6 ‘‘(a) IN GENERAL.—Grantees shall use grant funds re7 ceived under this subpart, based on the needs determined 

8 under section 3143(b)(5)(I), to provide training and tech9 nical assistance to State educational agencies, local edu10 cational agencies, and organizations that support family11 school partnerships, and activities, services, and training 

12 for local educational agencies, school leaders, educators, and 

13 parents— 

14 ‘‘(1) to assist parents in participating effectively 

15 in their children’s education and to help their chil16 dren meet State standards, such as assisting par17 ents— 

18 ‘‘(A) to engage in activities that will im19 prove student academic achievement, including 

20 understanding how they can support learning in 

21 the classroom with activities at home and in 

22 afterschool and extracurricular programs; 

23 ‘‘(B) to communicate effectively with their 

24 children, teachers, school leaders, counselors, ad25 ministrators, and other school personnel; 


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1 ‘‘(C) to become active participants in the 

2 development, implementation, and review of 

3 school-parent compacts, family engagement in 

4 education policies, and school planning and im5 provement; 

6 ‘‘(D) to participate in the design and provi7 sion of assistance to students who are not mak8 ing academic progress; 

9 ‘‘(E) to participate in State and local deci10 sionmaking; 

11 ‘‘(F) to train other parents; and 

12 ‘‘(G) to help the parents learn and use tech13 nology applied in their children’s education; 

14 ‘‘(2) to develop and implement, in partnership 

15 with the State educational agency, statewide family 

16 engagement in education policy and systemic initia17 tives that will provide for a continuum of services to 

18 remove barriers for family engagement in education 

19 and support school reform efforts; and 

20 ‘‘(3) to develop and implement parental involve21 ment policies under this Act. 

22 ‘‘(b) MATCHING FUNDS FOR GRANT RENEWAL.—For 

23 each fiscal year after the first fiscal year for which an orga24 nization or consortium receives assistance under this sec25 tion, the organization or consortium shall demonstrate in 


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1 the application that a portion of the services provided by 

2 the organization or consortium is supported through non3 Federal contributions, which may be in cash or in-kind. 

4 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall re5 serve not more than 2 percent of the funds appropriated 

6 under section 3(c)(1)(C) to carry out this subpart to provide 

7 technical assistance, by competitive grant or contract, for 

8 the establishment, development, and coordination of State9 wide Family Engagement Centers. 

10 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec11 tion shall be construed to prohibit a Statewide Family En12 gagement Center from— 

13 ‘‘(1) having its employees or agents meet with a 

14 parent at a site that is not on school grounds; or 

15 ‘‘(2) working with another agency that serves 

16 children. 

17 ‘‘(e) PARENTAL RIGHTS.—Notwithstanding any other 

18 provision of this section— 

19 ‘‘(1) no person (including a parent who educates 

20 a child at home, a public school parent, or a private 

21 school parent) shall be required to participate in any 

22 program of parent education or developmental screen23 ing under this section; and 

24 ‘‘(2) no program or center assisted under this 

25 section shall take any action that infringes in any 


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1 manner on the right of a parent to direct the edu2 cation of their children. 

3 ‘‘SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 

4 ‘‘The Secretary of the Interior, in consultation with 

5 the Secretary of Education, shall establish, or enter into 

6 contracts and cooperative agreements with local Indian 

7 nonprofit parent organizations to establish and operate 

8 Family Engagement Centers. 

9 ‘‘PART B—LOCAL ACADEMIC FLEXIBLE GRANT 

10 ‘‘SEC. 3201. PURPOSE. 

11 ‘‘The purpose of this part is to— 

12 ‘‘(1) provide local educational agencies with the 

13 opportunity to access funds to support the initiatives 

14 important to their schools and students to improve 

15 academic achievement, including protecting student 

16 safety; and 

17 ‘‘(2) provide nonprofit and for-profit entities the 

18 opportunity to work with students to improve aca19 demic achievement, including student safety. 

20 ‘‘SEC. 3202. ALLOTMENTS TO STATES. 

21 ‘‘(a) RESERVATIONS.—From the funds appropriated 

22 under section 3(c)(2) for any fiscal year, the Secretary shall 

23 reserve— 

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1 gible entities in carrying out programs under this 

2 part; and 

3 ‘‘(2) not more than one-half of 1 percent for pay4 ments to the outlying areas and the Bureau of Indian 

5 Education, to be allotted in accordance with their re6 spective needs for assistance under this part, as deter7 mined by the Secretary, to enable the outlying areas 

8 and the Bureau to carry out the purpose of this part. 

9 ‘‘(b) STATE ALLOTMENTS.— 

10 ‘‘(1) DETERMINATION.—From the funds appro11 priated under section 3(c)(2) for any fiscal year and 

12 remaining after the Secretary makes reservations 

13 under subsection (a), the Secretary shall allot to each 

14 State for the fiscal year an amount that bears the 

15 same relationship to the remainder as the amount the 

16 State received under chapter B of subpart 1 of part 

17 A of title I for the preceding fiscal year bears to the 

18 amount all States received under that chapter for the 

19 preceding fiscal year, except that no State shall re20 ceive less than an amount equal to one-half of 1 per21 cent of the total amount made available to all States 

22 under this subsection. 

23 ‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a 

24 State does not receive an allotment under this part 

25 for a fiscal year, the Secretary shall reallot the 


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1 amount of the State’s allotment to the remaining 

2 States in accordance with this section. 

3 ‘‘(c) STATE USE OF FUNDS.— 

4 ‘‘(1) IN GENERAL.—Each State that receives an 

5 allotment under this part shall reserve not less than 

6 75 percent of the amount allotted to the State under 

7 subsection (b) for each fiscal year for awards to eligi8 ble entities under section 3204. 

9 ‘‘(2) AWARDS TO NONGOVERNMENTAL ENTITIES

10 TO IMPROVE STUDENT ACADEMIC ACHIEVEMENT.— 

11 Each State that receives an allotment under sub12 section (b) for each fiscal year shall reserve not less 

13 than 10 percent of the amount allotted to the State 

14 for awards to nongovernmental entities under section 

15 3205. 

16 ‘‘(3) STATE ACTIVITIES AND STATE ADMINISTRA17 TION.—A State educational agency may reserve not 

18 more than 15 percent of the amount allotted to the 

19 State under subsection (b) for each fiscal year for the 

20 following: 

21 ‘‘(A) Enabling the State educational agen22 cy— 

23 ‘‘(i) to pay the costs of developing the 

24 State assessments and standards required 

25 under section 1111(b), which may include 


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1 the costs of working, at the sole discretion of 

2 the State, in voluntary partnerships with 

3 other States to develop such assessments and 

4 standards; or 

5 ‘‘(ii) if the State has developed the as6 sessments and standards required under sec7 tion 1111(b), to administer those assess8 ments or carry out other activities related 

9 to ensuring that the State’s schools and 

10 local educational agencies are helping stu11 dents meet the State’s academic standards 

12 under such section. 

13 ‘‘(B) The administrative costs of carrying 

14 out its responsibilities under this part, except 

15 that not more than 5 percent of the reserved 

16 amount may be used for this purpose. 

17 ‘‘(C) Monitoring and evaluation of pro18 grams and activities assisted under this part. 

19 ‘‘(D) Providing training and technical as20 sistance under this part. 

21 ‘‘(E) Statewide academic focused programs. 

22 ‘‘(F) Sharing evidence-based and other effec23 tive strategies with eligible entities. 


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1 ‘‘SEC. 3203. STATE APPLICATION. 

2 ‘‘(a) IN GENERAL.—In order to receive an allotment 

3 under section 3202 for any fiscal year, a State shall submit 

4 to the Secretary, at such time as the Secretary may require, 

5 an application that— 

6 ‘‘(1) designates the State educational agency as 

7 the agency responsible for the administration and su8 pervision of programs assisted under this part; 

9 ‘‘(2) describes how the State educational agency 

10 will use funds reserved for State-level activities, in11 cluding how, if any, of the funds will be used to sup12 port student safety; 

13 ‘‘(3) describes the procedures and criteria the 

14 State educational agency will use for reviewing appli15 cations and awarding funds to eligible entities on a 

16 competitive basis, which shall include reviewing how 

17 the proposed project will help increase student aca18 demic achievement; 

19 ‘‘(4) describes how the State educational agency 

20 will ensure that awards made under this part are— 

21 ‘‘(A) of sufficient size and scope to support 

22 high-quality, effective programs that are con23 sistent with the purpose of this part; and 

24 ‘‘(B) in amounts that are consistent with 

25 section 3204(f); 


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1 ‘‘(5) describes the steps the State educational 

2 agency will take to ensure that programs implement 

3 effective strategies, including providing ongoing tech4 nical assistance and training, and dissemination of 

5 evidence-based and other effective strategies; 

6 ‘‘(6) describes how the State educational agency 

7 will consider students across all grades when making 

8 these awards; 

9 ‘‘(7) an assurance that, other than providing 

10 technical and advisory assistance and monitoring 

11 compliance with this part, the State educational 

12 agency has not exercised and will not exercise any in13 fluence in the decision-making process of eligible enti14 ties as to the expenditure of funds received by the eli15 gible entities under this part; 

16 ‘‘(8) describes how programs under this part will 

17 be coordinated with programs under this Act, and 

18 other programs as appropriate; 

19 ‘‘(9) contains an assurance that the State edu20 cational agency— 

21 ‘‘(A) will make awards for programs for a 

22 period of not more than 5 years; and 

23 ‘‘(B) will require each eligible entity seeking 

24 such an award to submit a plan describing how 

25 the project to be funded through the award will 


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1 continue after funding under this part ends, if 

2 applicable; and 

3 ‘‘(10) contains an assurance that funds appro4 priated to carry out this part will be used to supple5 ment, and not supplant, State and local public funds 

6 expended to provide programs and activities author7 ized under this part and other similar programs. 

8 ‘‘(b) DEEMED APPROVAL.—An application submitted 

9 by a State educational agency pursuant to subsection (a) 

10 shall be deemed to be approved by the Secretary unless the 

11 Secretary makes a written determination, prior to the expi12 ration of the 120-day period beginning on the date on which 

13 the Secretary received the application, that the application 

14 is not in compliance with this part. 

15 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally 

16 disapprove the application, except after giving the State 

17 educational agency notice and an opportunity for a hear18 ing. 

19 ‘‘(d) NOTIFICATION.—If the Secretary finds that the 

20 application is not in compliance, in whole or in part, with 

21 this part, the Secretary shall— 

22 ‘‘(1) give the State educational agency notice 

23 and an opportunity for a hearing; and 


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1 ‘‘(2) notify the State educational agency of the 

2 finding of noncompliance, and, in such notification, 

3 shall— 

4 ‘‘(A) cite the specific provisions in the ap5 plication that are not in compliance; and 

6 ‘‘(B) request additional information, only 

7 as to the noncompliant provisions, needed to 

8 make the application compliant. 

9 ‘‘(e) RESPONSE.—If the State educational agency re10 sponds to the Secretary’s notification described in sub11 section (d)(2) during the 45-day period beginning on the 

12 date on which the agency received the notification, and re13 submits the application with the requested information de14 scribed in subsection (d)(2)(B), the Secretary shall approve 

15 or disapprove such application prior to the later of— 

16 ‘‘(1) the expiration of the 45-day period begin17 ning on the date on which the application is resub18 mitted; or 

19 ‘‘(2) the expiration of the 120-day period de20 scribed in subsection (b). 

21 ‘‘(f) FAILURE TO RESPOND.—If the State educational 

22 agency does not respond to the Secretary’s notification de23 scribed in subsection (d)(2) during the 45-day period begin24 ning on the date on which the agency received the notifica25 tion, such application shall be deemed to be disapproved. 


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1 ‘‘(g) RULE OF CONSTRUCTION.—An application sub2 mitted by a State educational agency pursuant to sub3 section (a) shall not be approved or disapproved based upon 

4 the activities for which the agency may make funds avail5 able to eligible entities under section 3204 if the agency’s 

6 use of funds is consistent with section 3204(b). 

7 ‘‘SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM. 

8 ‘‘(a) IN GENERAL.—A State that receives funds under 

9 this part for a fiscal year shall provide the amount made 

10 available under section 3202(c)(1) to eligible entities in ac11 cordance with this section. 

12 ‘‘(b) USE OF FUNDS.— 

13 ‘‘(1) IN GENERAL.—An eligible entity that re14 ceives an award under this part shall use the funds 

15 for activities that— 

16 ‘‘(A) are evidence-based; 

17 ‘‘(B) will improve student academic 

18 achievement; 

19 ‘‘(C) are allowable under State law; and 

20 ‘‘(D) focus on one or more projects from the 

21 following two categories: 

22 ‘‘(i) Supplemental student support ac23 tivities such as before, after, or summer 

24 school activities, tutoring, and expanded 


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1 learning time, but not including athletics or 

2 in-school learning activities. 

3 ‘‘(ii) Activities designed to support stu4 dents, such as academic subject specific pro5 grams, adjunct teacher programs, extended 

6 learning time programs, dual enrollment 

7 programs, and parent engagement, but not 

8 including activities to— 

9 ‘‘(I) support smaller class sizes or 

10 construction; or 

11 ‘‘(II) provide compensation or 

12 benefits to teachers, school leaders, 

13 other school officials, or local edu14 cational agency staff. 

15 ‘‘(2) PARTICIPATION OF CHILDREN ENROLLED IN

16 PRIVATE SCHOOLS.—An eligible entity that receives 

17 an award under this part shall ensure compliance 

18 with section 5501 (relating to participation of chil19 dren enrolled in private schools). 

20 ‘‘(c) APPLICATION.— 

21 ‘‘(1) IN GENERAL.—To be eligible to receive an 

22 award under this part, an eligible entity shall submit 

23 an application to the State educational agency at 

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1 ably require, including the contents required by para2 graph (2). 

3 ‘‘(2) CONTENTS.—Each application submitted 

4 under paragraph (1) shall include— 

5 ‘‘(A) a description of the activities to be 

6 funded and how they are consistent with sub7 section (b), including any activities that will in8 crease student safety; 

9 ‘‘(B) an assurance that funds under this 

10 part will be used to increase the level of State, 

11 local, and other non-Federal funds that would, 

12 in the absence of funds under this part, be made 

13 available for programs and activities authorized 

14 under this part, and in no case supplant State, 

15 local, or non-Federal funds; 

16 ‘‘(C) an assurance that the community will 

17 be given notice of an intent to submit an appli18 cation with an opportunity for comment, and 

19 that the application will be available for public 

20 review after submission of the application; and 

21 ‘‘(D) an assurance that students who benefit 

22 from any activity funded under this part shall 

23 continue to maintain enrollment in a public ele24 mentary or secondary school. 


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1 ‘‘(d) REVIEW.—In reviewing local applications under 

2 this section, a State educational agency shall use a peer 

3 review process or other methods of assuring the quality of 

4 such applications but the review shall be limited to the like5 lihood that the project will increase student academic 

6 achievement. 

7 ‘‘(e) GEOGRAPHIC DIVERSITY.—A State educational 

8 agency shall distribute funds under this part equitably 

9 among geographic areas within the State, including rural, 

10 suburban, and urban communities. 

11 ‘‘(f) AWARD.—A grant shall be awarded to all eligible 

12 entities that submit an application that meets the require13 ments of this section in an amount that is not less than 

14 $10,000, but there shall be only one award granted to any 

15 one local educational agency, but such award may be for 

16 multiple projects or programs with the local educational 

17 agency. 

18 ‘‘(g) DURATION OF AWARDS.—Grants under this part 

19 may be awarded for a period of not more than 5 years. 

20 ‘‘(h) ELIGIBLE ENTITY DEFINED.—In this section, the 

21 term ‘eligible entity’ means— 

22 ‘‘(1) a local educational agency in partnership 

23 with a community-based organization, business enti24 ty, or nongovernmental entity; 


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1 ‘‘(2) a consortium of local educational agencies 

2 working in partnership with a community-based or3 ganization, business entity, or nongovernmental enti4 ty; 

5 ‘‘(3) a community-based organization in part6 nership with a local educational agency and, if appli7 cable, a business entity or nongovernmental entity; or 

8 ‘‘(4) a business entity in partnership with a 

9 local educational agency and, if applicable, a commu10 nity-based organization or nongovernmental entity. 

11 ‘‘SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO 

12 IMPROVE ACADEMIC ACHIEVEMENT. 

13 ‘‘(a) IN GENERAL.—From the amount reserved under 

14 section 3202(c)(2), a State educational agency shall award 

15 grants to nongovernmental entities, including public or pri16 vate organizations, community-based or faith-based organi17 zations, and business entities for a program or project to 

18 increase the academic achievement of public school students 

19 attending public elementary or secondary schools (or both) 

20 in compliance with the requirements in this section. Subject 

21 to the availability of funds, the State educational agency 

22 shall award a grant to each eligible applicant that meets 

23 the requirements in a sufficient size and scope to support 

24 the program. 


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1 ‘‘(b) APPLICATION.—The State educational agency 

2 shall require an application that includes the following in3 formation: 

4 ‘‘(1) A description of the program or project the 

5 applicant will use the funds to support. 

6 ‘‘(2) A description of how the applicant is using 

7 or will use other State, local, or private funding to 

8 support the program or project. 

9 ‘‘(3) A description of how the program or project 

10 will help increase student academic achievement, in11 cluding the evidence to support this claim. 

12 ‘‘(4) A description of the student population the 

13 program or project is targeting to impact, and if the 

14 program will prioritize students in high-need local 

15 educational agencies. 

16 ‘‘(5) A description of how the applicant will con17 duct sufficient outreach to ensure students can par18 ticipate in the program or project. 

19 ‘‘(6) A description of any partnerships the appli20 cant has entered into with local educational agencies 

21 or other entities the applicant will work with, if ap22 plicable. 

23 ‘‘(7) A description of how the applicant will 

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1 cational agencies and other entities working with stu2 dents to increase academic achievement. 

3 ‘‘(8) An assurance that students who benefit from 

4 any program or project funded under this section 

5 shall continue to maintain enrollment in a public ele6 mentary or secondary school. 

7 ‘‘(c) MATCHING CONTRIBUTION.—An eligible appli8 cant receiving a grant under this section shall provide, ei9 ther directly or through private contributions, non-Federal 

10 matching funds equal to not less than 50 percent of the 

11 amount of the grant. 

12 ‘‘(d) REVIEW.—The State educational agency shall re13 view the application to ensure that— 

14 ‘‘(1) the applicant is an eligible applicant; 

15 ‘‘(2) the application clearly describes the re16 quired elements in subsection (b); 

17 ‘‘(3) the entity meets the matching requirement 

18 described in subsection (c); and 

19 ‘‘(4) the program is allowable and complies with 

20 Federal, State, and local laws. 

21 ‘‘(e) DISTRIBUTION OF FUNDS.—If the application re22 quests exceed the funds available, the State educational 

23 agency shall prioritize projects that support students in 

24 high-need local educational agencies and ensure geographic 


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1 diversity, including serving rural, suburban, and urban 

2 areas. 

3 ‘‘(f) ADMINISTRATIVE COSTS.—Not more than 1 per4 cent of a grant awarded under this section may be used 

5 for administrative costs. 

6 ‘‘SEC. 3206. REPORT. 

7 ‘‘Each recipient of a grant under section 3204 or 3205 

8 shall report to the State educational agency on— 

9 ‘‘(1) the success of the program in reaching the 

10 goals of the program; 

11 ‘‘(2) a description of the students served by the 

12 program and how the students’ academic achievement 

13 improved; and 

14 ‘‘(3) the results of any evaluation conducted on 

15 the success of the program.’’. 

16 TITLE IV—IMPACT AID 

17 SEC. 401. PURPOSE. 

18 Section 8001 (20 U.S.C. 7701) is amended by striking 

19 ‘‘challenging State standards’’ and inserting ‘‘State aca20 demic standards’’. 

21 SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION 

22 OF REAL PROPERTY. 

23 Section 8002 (20 U.S.C. 7702) is amended— 

24 (1) in subsection (b)(1)(B), by striking ‘‘section 

25 8014(a)’’ and inserting ‘‘section 3(d)(1)’’; and 


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1 (2) by amending subsection (f) to read as follows: 

2 ‘‘(f) SPECIAL RULE.—Beginning with fiscal year 

3 2014, a local educational agency shall be deemed to meet 

4 the requirements of subsection (a)(1)(C) if records to deter5 mine eligibility under such subsection were destroyed prior 

6 to fiscal year 2000 and the agency received funds under 

7 subsection (b) in the previous year.’’; 

8 (3) by amending subsection (g) to read as fol9 lows: 

10 ‘‘(g) FORMER DISTRICTS.— 

11 ‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 

12 and each succeeding fiscal year, if a local educational 

13 agency described in paragraph (2) is formed at any 

14 time after 1938 by the consolidation of two or more 

15 former school districts, the local educational agency 

16 may elect to have the Secretary determine its eligi17 bility and any amount for which the local edu18 cational agency is eligible under this section for such 

19 fiscal year on the basis of one or more of those former 

20 districts, as designated by the local educational agen21 cy. 

22 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN23 CIES.—A local educational agency described in this 

24 paragraph is— 


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1 ‘‘(A) any local educational agency that, for 

2 fiscal year 1994 or any preceding fiscal year, 

3 applied for, and was determined to be eligible 

4 under section 2(c) of the Act of September 30, 

5 1950 (Public Law 874, 81st Congress) as that 

6 section was in effect for that fiscal year; or 

7 ‘‘(B) a local educational agency formed by 

8 the consolidation of 2 or more school districts, at 

9 least one of which was eligible for assistance 

10 under this section for the fiscal year preceding 

11 the year of the consolidation, if— 

12 ‘‘(i) for fiscal years 2006 through 2013, 

13 the local educational agency notifies the 

14 Secretary not later than 30 days after the 

15 date of enactment of the Student Success 

16 Act of the designation described in para17 graph (1); and 

18 ‘‘(ii) for fiscal year 2014, and each 

19 subsequent fiscal year, the local educational 

20 agency includes the designation in its ap21 plication under section 8005 or any timely 

22 amendment to such application. 

23 ‘‘(3) AVAILABILITY OF FUNDS.—Notwithstanding 

24 any other provision of law limiting the period during 

25 which the Secretary may obligate funds appropriated 


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1 for any fiscal year after fiscal year 2005, the Sec2 retary may obligate funds remaining after final pay3 ments have been made for any of such fiscal years to 

4 carry out this subsection.’’; 

5 (4) in subsection (h)— 

6 (A) in paragraph (2)— 

7 (i) in subparagraph (C)(ii), by strik8 ing ‘‘section 8014(a)’’ and inserting ‘‘sec9 tion 3(d)(1)’’; and 

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

11 ‘‘section 8014(a)’’ and inserting ‘‘section 

12 3(d)(1)’’; and 

13 (B) in paragraph (4), by striking ‘‘Impact 

14 Aid Improvement Act of 2012’’ and inserting 

15 ‘‘Student Success Act’’; 

16 (5) by repealing subsections (k) and (m); 

17 (6) by redesignating subsection (l) as subsection 

18 (j); 

19 (7) by amending subsection (j) (as so redesig20 nated) by striking ‘‘(h)(4)(B)’’ and inserting ‘‘(h)(2)’’; 

21 and 

22 (8) by redesignating subsection (n) as subsection 

23 (k). 


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1 SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CON2 NECTED CHILDREN. 

3 (a) COMPUTATION OF PAYMENT.—Section 8003(a) (20 

4 U.S.C. 7703(a)) is amended— 

5 (1) in the matter preceding subparagraph (A) of 

6 paragraph (1), by inserting after ‘‘schools of such 

7 agency’’ the following: ‘‘(including those children en8 rolled in such agency as a result of the open enroll9 ment policy of the State in which the agency is lo10 cated, but not including children who are enrolled in 

11 a distance education program at such agency and 

12 who are not residing within the geographic bound13 aries of such agency)’’; and 

14 (2) in paragraph (5)(A), by striking ‘‘1984’’ and 

15 all that follows through ‘‘situated’’ and inserting 

16 ‘‘1984, or under lease of off-base property under sub17 chapter IV of chapter 169 of title 10, United States 

18 Code, to be children described under paragraph (1)(B) 

19 if the property described is within the fenced security 

20 perimeter of the military facility or attached to and 

21 under any type of force protection agreement with the 

22 military installation upon which such housing is sit23 uated’’. 

24 (b) BASIC SUPPORT PAYMENTS FOR HEAVILY IM25 PACTED LOCAL EDUCATIONAL AGENCIES.—Section 8003(b) 

26 (20 U.S.C. 7703(b)) is amended— 


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1 (1) by striking ‘‘section 8014(b)’’ each place it 

2 appears and inserting ‘‘section 3(d)(2)’’; 

3 (2) in paragraph (1), by repealing subparagraph 

4 (E); 

5 (3) in paragraph (2)— 

6 (A) in subparagraph (A), by inserting at 

7 the end the following: 

8 ‘‘(iii) The Secretary shall— 

9 ‘‘(I) deem each local educational agen10 cy that received a basic support payment 

11 under this paragraph for fiscal year 2009 

12 as eligible to receive a basic support pay13 ment under this paragraph for each of fiscal 

14 years 2012, 2013, and 2014; and 

15 ‘‘(II) make a payment to each such 

16 local educational agency under this para17 graph for each of fiscal years 2012, 2013, 

18 and 2014.’’; and 

19 (B) in subparagraph (B)— 

20 (i) by striking ‘‘CONTINUING’’ in the 

21 heading; 

22 (ii) by amending clause (i) to read as 

23 follows: 

24 ‘‘(i) IN GENERAL.—A heavily impacted 

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1 ceive a basic support payment under sub2 paragraph (A) with respect to a number of 

3 children determined under subsection (a)(1) 

4 if the agency— 

5 ‘‘(I) is a local educational agen6 cy— 

7 ‘‘(aa) whose boundaries are 

8 the same as a Federal military 

9 installation or an island property 

10 designated by the Secretary of the 

11 Interior to be property that is 

12 held in trust by the Federal Gov13 ernment; and 

14 ‘‘(bb) that has no taxing au15 thority; 

16 ‘‘(II) is a local educational agency 

17 that— 

18 ‘‘(aa) has an enrollment of 

19 children described in subsection 

20 (a)(1) that constitutes a percent21 age of the total student enrollment 

22 of the agency that is not less than 

23 45 percent; 

24 ‘‘(bb) has a per-pupil ex25 penditure that is less than— 


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1 ‘‘(AA) for an agency 

2 that has a total student en3 rollment of 500 or more stu4 dents, 125 percent of the av5 erage per-pupil expenditure 

6 of the State in which the 

7 agency is located; or 

8 ‘‘(BB) for any agency 

9 that has a total student en10 rollment less than 500, 150 

11 percent of the average per12 pupil expenditure of the 

13 State in which the agency is 

14 located or the average per15 pupil expenditure of 3 or 

16 more comparable local edu17 cational agencies in the State 

18 in which the agency is lo19 cated; and 

20 ‘‘(cc) is an agency that— 

21 ‘‘(AA) has a tax rate for 

22 general fund purposes that is 

23 not less than 95 percent of 

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1 parable local educational 

2 agencies in the State; or 

3 ‘‘(BB) was eligible to re4 ceive a payment under this 

5 subsection for fiscal year 

6 2013 and is located in a 

7 State that by State law has 

8 eliminated ad valorem tax as 

9 a revenue for local edu10 cational agencies; 

11 ‘‘(III) is a local educational agen12 cy that— 

13 ‘‘(aa) has an enrollment of 

14 children described in subsection 

15 (a)(1) that constitutes a percent16 age of the total student enrollment 

17 of the agency that is not less than 

18 20 percent; 

19 ‘‘(bb) for the 3 fiscal years 

20 preceding the fiscal year for which 

21 the determination is made, the av22 erage enrollment of children who 

23 are not described in subsection 

24 (a)(1) and who are eligible for a 

25 free or reduced price lunch under 


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1 the Richard B. Russell National 

2 School Lunch Act constitutes a 

3 percentage of the total student en4 rollment of the agency that is not 

5 less than 65 percent; and 

6 ‘‘(cc) has a tax rate for gen7 eral fund purposes which is not 

8 less than 125 percent of the aver9 age tax rate for general fund pur10 poses for comparable local edu11 cational agencies in the State; 

12 ‘‘(IV) is a local educational agen13 cy that has a total student enrollment 

14 of not less than 25,000 students, of 

15 which— 

16 ‘‘(aa) not less than 50 per17 cent are children described in sub18 section (a)(1); and 

19 ‘‘(bb) not less than 5,500 of 

20 such children are children de21 scribed in subparagraphs (A) and 

22 (B) of subsection (a)(1); or 

23 ‘‘(V) is a local educational agency 

24 that— 


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1 ‘‘(aa) has an enrollment of 

2 children described in subsection 

3 (a)(1) including, for purposes of 

4 determining eligibility, those chil5 dren described in subparagraphs 

6 (F) and (G) of such subsection, 

7 that is not less than 35 percent of 

8 the total student enrollment of the 

9 agency; and 

10 ‘‘(bb) was eligible to receive 

11 assistance under subparagraph 

12 (A) for fiscal year 2001.’’; and 

13 (iii) in clause (ii)— 

14 (I) by striking ‘‘A heavily’’ and 

15 inserting the following: 

16 ‘‘(I) IN GENERAL.—Subject to 

17 subclause (II), a heavily’’; and 

18 (II) by adding at the end the fol19 lowing: 

20 ‘‘(II) LOSS OF ELIGIBILITY DUE

21 TO FALLING BELOW 95 PERCENT OF

22 THE AVERAGE TAX RATE FOR GENERAL

23 FUND PURPOSES.—In a case of a heav24 ily impacted local educational agency 

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1 port payment under subparagraph (A), 

2 but that has had, for 2 consecutive fis3 cal years, a tax rate for general fund 

4 purposes that falls below 95 percent of 

5 the average tax rate for general fund 

6 purposes of comparable local edu7 cational agencies in the State, such 

8 agency shall be determined to be ineli9 gible under clause (i) and ineligible to 

10 receive a basic support payment under 

11 subparagraph (A) for each fiscal year 

12 succeeding such 2 consecutive fiscal 

13 years for which the agency has such a 

14 tax rate for general fund purposes, and 

15 until the fiscal year for which the 

16 agency resumes such eligibility in ac17 cordance with clause (iii).’’; 

18 (C) by striking subparagraph (C); 

19 (D) by redesignating subparagraphs (D) 

20 through (H) as subparagraphs (C) through (G), 

21 respectively; 

22 (E) in subparagraph (C) (as so redesig23 nated)— 

24 (i) in the heading, by striking ‘‘REG25 ULAR’’; 


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1 (ii) by striking ‘‘Except as provided in 

2 subparagraph (E)’’ and inserting ‘‘Except 

3 as provided in subparagraph (D)’’; 

4 (iii) by amending subclause (I) of 

5 clause (ii) to read as follows: ‘‘ (I)(aa) For 

6 a local educational agency with respect to 

7 which 35 percent or more of the total stu8 dent enrollment of the schools of the agency 

9 are children described in subparagraph (D) 

10 or (E) (or a combination thereof) of sub11 section (a)(1), and that has an enrollment 

12 of children described in subparagraphs (A), 

13 (B), or (C) of such subsection equal to at 

14 least 10 percent of the agency’s total enroll15 ment, the Secretary shall calculate the 

16 weighted student units of those children de17 scribed in subparagraph (D) or (E) of such 

18 subsection by multiplying the number of 

19 such children by a factor of 0.55. 

20 ‘‘(bb) Notwithstanding subitem (aa), a 

21 local educational agency that received a 

22 payment under this paragraph for fiscal 

23 year 2013 shall not be required to have an 

24 enrollment of children described in subpara25 graphs (A), (B), or (C) of subsection (a)(1) 


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1 equal to at least 10 percent of the agency’s 

2 total enrollment.’’; and 

3 (iv) by amending subclause (III) of 

4 clause (ii) by striking ‘‘(B)(i)(II)(aa)’’ and 

5 inserting ‘‘subparagraph (B)(i)(I)’’; 

6 (F) in subparagraph (D)(i)(II) (as so redes7 ignated), by striking ‘‘6,000’’ and inserting 

8 ‘‘5,500’’; 

9 (G) in subparagraph (E) (as so redesig10 nated)— 

11 (i) by striking ‘‘Secretary’’ and all 

12 that follows through ‘‘shall use’’ and insert13 ing ‘‘Secretary shall use’’; 

14 (ii) by striking ‘‘; and’’ and inserting 

15 a period; and 

16 (iii) by striking clause (ii); 

17 (H) in subparagraph (F) (as so redesig18 nated), by striking ‘‘subparagraph 

19 (C)(i)(II)(bb)’’ and inserting ‘‘subparagraph 

20 (B)(i)(II)(bb)(BB)’’; 

21 (I) in subparagraph (G) (as so redesig22 nated)— 

23 (i) in clause (i)— 


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1 (I) by striking ‘‘subparagraph 

2 (B), (C), (D), or (E)’’ and inserting 

3 ‘‘subparagraph (B), (C), or (D)’’; 

4 (II) by striking ‘‘by reason of’’ 

5 and inserting ‘‘due to’’; 

6 (III) by inserting after ‘‘clause 

7 (iii)’’ the following ‘‘, or as the direct 

8 result of base realignment and closure 

9 or modularization as determined by 

10 the Secretary of Defense and force 

11 structure change or force relocation’’; 

12 and 

13 (IV) by inserting before the pe14 riod, the following: ‘‘or during such 

15 time as activities associated with base 

16 closure and realignment, 

17 modularization, force structure change, 

18 or force relocation are ongoing’’; and 

19 (ii) in clause (ii), by striking ‘‘(D) or 

20 (E)’’ each place it appears and inserting 

21 ‘‘(C) or (D)’’; 

22 (4) in paragraph (3)— 

23 (A) in subparagraph (B)— 

24 (i) by amending clause (iii) to read as 

25 follows: 


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1 ‘‘(iii) In the case of a local educational 

2 agency providing a free public education to stu3 dents enrolled in kindergarten through grade 12, 

4 but which enrolls students described in subpara5 graphs (A), (B), and (D) of subsection (a)(1) 

6 only in grades 9 through 12, and which received 

7 a final payment in fiscal year 2009 calculated 

8 under this paragraph (as this paragraph was in 

9 effect on the day before the date of enactment of 

10 the Student Success Act) for students in grades 

11 9 through 12, the Secretary shall, in calculating 

12 the agency’s payment, consider only that portion 

13 of such agency’s total enrollment of students in 

14 grades 9 through 12 when calculating the per15 centage under clause (i)(I) and only that portion 

16 of the total current expenditures attributed to the 

17 operation of grades 9 through 12 in such agency 

18 when calculating the percentage under clause 

19 (i)(II).’’; and 

20 (ii) by adding at the end the following: 

21 ‘‘(v) In the case of a local educational agen22 cy that is providing a program of distance edu23 cation to children not residing within the geo24 graphic boundaries of the agency, the Secretary 

25 shall— 


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1 ‘‘(I) for purposes of the calculation 

2 under clause (i)(I), disregard such children 

3 from the total number of children in aver4 age daily attendance at the schools served 

5 by such agency; and 

6 ‘‘(II) for purposes of the calculation 

7 under clause (i)(II), disregard any funds re8 ceived for such children from the total cur9 rent expenditures for such agency.’’; 

10 (B) in subparagraph (C), by striking ‘‘sub11 paragraph (D) or (E) of paragraph (2), as the 

12 case may be’’ and inserting ‘‘paragraph (2)(D)’’; 

13 and 

14 (C) by amending subparagraph (D) to read 

15 as follows: 

16 ‘‘(D) RATABLE DISTRIBUTION.—For any 

17 fiscal year described in subparagraph (A) for 

18 which the sums available exceed the amount re19 quired to pay each local educational agency 100 

20 percent of its threshold payment, the Secretary 

21 shall distribute the excess sums to each eligible 

22 local educational agency that has not received its 

23 full amount computed under paragraph (1) or 

24 (2) (as the case may be) by multiplying— 


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1 ‘‘(i) a percentage, the denominator of 

2 which is the difference between the full 

3 amount computed under paragraph (1) or 

4 (2) (as the case may be) for all local edu5 cational agencies and the amount of the 

6 threshold payment (as calculated under sub7 paragraphs (B) and (C)) of all local edu8 cational agencies, and the numerator of 

9 which is the aggregate of the excess sums, by 

10 ‘‘(ii) the difference between the full 

11 amount computed under paragraph (1) or 

12 (2) (as the case may be) for the agency and 

13 the amount of the threshold payment as cal14 culated under subparagraphs (B) and (C) of 

15 the agency.’’; and 

16 (D) by inserting at the end the following 

17 new subparagraphs: 

18 ‘‘(E) INSUFFICIENT PAYMENTS.—For each 

19 fiscal year described in subparagraph (A) for 

20 which the sums appropriated under section 

21 3(d)(2) are insufficient to pay each local edu22 cational agency all of the local educational agen23 cy’s threshold payment described in subpara24 graph (D), the Secretary shall ratably reduce the 


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1 payment to each local educational agency under 

2 this paragraph. 

3 ‘‘(F) INCREASES.—If the sums appropriated 

4 under section 3(d)(2) are sufficient to increase 

5 the threshold payment above the 100 percent 

6 threshold payment described in subparagraph 

7 (D), then the Secretary shall increase payments 

8 on the same basis as such payments were re9 duced, except no local educational agency may 

10 receive a payment amount greater than 100 per11 cent of the maximum payment calculated under 

12 this subsection.’’; and 

13 (5) in paragraph (4)— 

14 (A) in subparagraph (A), by striking 

15 ‘‘through (D)’’ and inserting ‘‘and (C)’’; and 

16 (B) in subparagraph (B), by striking ‘‘sub17 paragraph (D) or (E)’’ and inserting ‘‘subpara18 graph (C) or (D)’’. 

19 (c) PRIOR YEAR DATA.—Paragraph (2) of section 

20 8003(c) (20 U.S.C. 7703(c)) is amended to read as follows: 

21 ‘‘(2) EXCEPTION.—Calculation of payments for a 

22 local educational agency shall be based on data from 

23 the fiscal year for which the agency is making an ap24 plication for payment if such agency— 


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1 ‘‘(A) is newly established by a State, for the 

2 first year of operation of such agency only; 

3 ‘‘(B) was eligible to receive a payment 

4 under this section for the previous fiscal year 

5 and has had an overall increase in enrollment 

6 (as determined by the Secretary in consultation 

7 with the Secretary of Defense, the Secretary of 

8 Interior, or the heads of other Federal agen9 cies)— 

10 ‘‘(i) of not less than 10 percent, or 100 

11 students, of children described in— 

12 ‘‘(I) subparagraph (A), (B), (C), 

13 or (D) of subsection (a)(1); or 

14 ‘‘(II) subparagraph (F) and (G) 

15 of subsection (a)(1), but only to the ex16 tent such children are civilian depend17 ents of employees of the Department of 

18 Defense or the Department of Interior; 

19 and 

20 ‘‘(ii) that is the direct result of closure 

21 or realignment of military installations 

22 under the base closure process or the reloca23 tion of members of the Armed Forces and 

24 civilian employees of the Department of De25 fense as part of the force structure changes 


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1 or movements of units or personnel between 

2 military installations or because of actions 

3 initiated by the Secretary of the Interior or 

4 the head of another Federal agency; or 

5 ‘‘(C) was eligible to receive a payment 

6 under this section for the previous fiscal year 

7 and has had an increase in enrollment (as deter8 mined by the Secretary)— 

9 ‘‘(i) of not less than 10 percent of chil10 dren described in subsection (a)(1) or not 

11 less than 100 of such children; and 

12 ‘‘(ii) that is the direct result of the clo13 sure of a local educational agency that re14 ceived a payment under subsection (b)(1) or 

15 (b)(2) in the previous fiscal year.’’. 

16 (d) CHILDREN WITH DISABILITIES.—Section 

17 8003(d)(1) (20 U.S.C. 7703(d)) is amended by striking 

18 ‘‘section 8014(c)’’ and inserting ‘‘section 3(d)(3)’’. 

19 (e) HOLD-HARMLESS.—Section 8003(e) (20 U.S.C. 

20 7703(e)) is amended— 

21 (1) by amending paragraph (1) to read as fol22 lows: 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

24 total amount the Secretary shall pay a local edu25 cational agency under subsection (b)— 


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1 ‘‘(A) for fiscal year 2014, shall not be less 

2 than 90 percent of the total amount that the 

3 local educational agency received under sub4 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

5 year 2013; 

6 ‘‘(B) for fiscal year 2015, shall not be less 

7 than 85 percent of the total amount that the 

8 local educational agency received under sub9 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

10 year 2013; and 

11 ‘‘(C) for fiscal year 2016, shall not be less 

12 than 80 percent of the total amount that the 

13 local educational agency received under sub14 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

15 year 2013.’’; and 

16 (2) by amending paragraph (2) to read as fol17 lows: 

18 ‘‘(2) MAXIMUM AMOUNT.—The total amount pro19 vided to a local educational agency under subpara20 graph (A), (B), or (C) of paragraph (1) for a fiscal 

21 year shall not exceed the maximum basic support 

22 payment amount for such agency determined under 

23 paragraph (1) or (2) of subsection (b), as the case 

24 may be, for such fiscal year.’’. 


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1 (f) MAINTENANCE OF EFFORT.—Section 8003 (20 

2 U.S.C. 7703) is amended by striking subsection (g). 

3 SEC. 404. POLICIES AND PROCEDURES RELATING TO CHIL4 DREN RESIDING ON INDIAN LANDS. 

5 Section 8004(e)(9) is amended by striking ‘‘Bureau of 

6 Indian Affairs’’ and inserting ‘‘Bureau of Indian Edu7 cation’’. 

8 SEC. 405. APPLICATION FOR PAYMENTS UNDER SECTIONS 

9 8002 AND 8003. 

10 Section 8005(b) (20 U.S.C. 7705(b)) is amended in the 

11 matter preceding paragraph (1) by striking ‘‘and shall con12 tain such information,’’. 

13 SEC. 406. CONSTRUCTION. 

14 Section 8007 (20 U.S.C. 7707) is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1), by striking ‘‘section 

17 8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 

18 (B) in paragraph (2), by adding at the end 

19 the following: 

20 ‘‘(C) The agency is eligible under section 

21 4003(b)(2) or is receiving basic support pay22 ments under circumstances described in section 

23 4003(b)(2)(B)(ii).’’; and 


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1 (C) in paragraph (3), by striking ‘‘section 

2 8014(e)’’ each place it appears and inserting 

3 ‘‘section 3(d)(4)’’; and 

4 (2) in subsection (b)— 

5 (A) in paragraph (1), by striking ‘‘section 

6 8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 

7 (B) in paragraph (3)— 

8 (i) in subparagraph (C)(i)(I), by add9 ing at the end the following: 

10 ‘‘(cc) At least 10 percent of the 

11 property in the agency is exempt from 

12 State and local taxation under Federal 

13 law.’’; and 

14 (ii) by adding at the end the following: 

15 ‘‘(F) LIMITATIONS ON ELIGIBILITY RE16 QUIREMENTS.—The Secretary shall not limit eli17 gibility— 

18 ‘‘(i) under subparagraph (C)(i)(I)(aa), 

19 to those local educational agencies in which 

20 the number of children determined under 

21 section 8003(a)(1)(C) for each such agency 

22 for the preceding school year constituted 

23 more than 40 percent of the total student 

24 enrollment in the schools of each such agen25 cy during the preceding school year; and 


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1 ‘‘(ii) under subparagraph (C)(i)(I)(cc), 

2 to those local educational agencies in which 

3 more than 10 percent of the property in 

4 each such agency is exempt from State and 

5 local taxation under Federal law.’’; 

6 (C) in paragraph (6)— 

7 (i) in the matter preceding subpara8 graph (A), by striking ‘‘in such manner, 

9 and accompanied by such information’’ and 

10 inserting ‘‘and in such manner’’; and 

11 (ii) by striking subparagraph (F); and 

12 (D) by striking paragraph (7). 

13 SEC. 407. FACILITIES. 

14 Section 8008 (20 U.S.C. 7708) is amended in sub15 section (a), by striking ‘‘section 8014(f)’’ and inserting ‘‘sec16 tion 3(d)(5)’’. 

17 SEC. 408. STATE CONSIDERATION OF PAYMENTS PRO18 VIDING STATE AID. 

19 Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is 

20 amended by striking ‘‘and contain the information’’. 

21 SEC. 409. FEDERAL ADMINISTRATION. 

22 Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amended, 

23 by striking ‘‘section 8014’’ and inserting ‘‘section 3(d)’’. 


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1 SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL RE2 VIEW. 

3 Section 8011(a) (20 U.S.C. 7711(a)) is amended by 

4 striking ‘‘or under the Act’’ and all the follows through 

5 ‘‘1994)’’. 

6 SEC. 411. DEFINITIONS. 

7 Section 8013 (20 U.S.C. 7713) is amended— 

8 (1) in paragraph (1), by striking ‘‘and Marine 

9 Corps’’ and inserting ‘‘Marine Corps, and Coast 

10 Guard’’; 

11 (2) in paragraph (4), by striking ‘‘and title VI’’; 

12 (3) in paragraph (5)(A)(iii)— 

13 (A) in subclause (II), by striking ‘‘Stewart 

14 B. McKinney Homeless Assistance Act’’ and in15 serting ‘‘McKinney-Vento Homeless Assistance 

16 Act (42 U.S.C. 11411)’’; and 

17 (B) in subclause (III), by inserting before 

18 the semicolon, ‘‘(25 U.S.C. 4101 et seq.)’’; 

19 (4) in paragraph (8)(A), by striking ‘‘and 

20 verified by’’ and inserting ‘‘, and verified by,’’; and 

21 (5) in paragraph (9)(B), by inserting a comma 

22 before ‘‘on a case-by-case basis’’. 

23 SEC. 412. AUTHORIZATION OF APPROPRIATIONS. 

24 Section 8014 (20 U.S.C. 7801) is repealed. 


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1 SEC. 413. CONFORMING AMENDMENTS. 

2 (a) IMPACT AID IMPROVEMENT ACT OF 2012.—Sub3 section (c) of the Impact Aid Improvement Act of 2012 (20 

4 U.S.C. 6301 note; Public Law 112–239; 126 Stat 1748) is 

5 amended— 

6 (1) by striking paragraphs (1) and (4); and 

7 (2) by redesignating paragraphs (2) and (3), as 

8 paragraphs (1) and (2), respectively. 

9 (b) REPEAL.—Title IV (20 U.S.C. 7101 et seq.), as 

10 amended by section 501(b)(2) of this Act, is repealed. 

11 (c) TRANSFER AND REDESIGNATION.—Title VIII (20 

12 U.S.C. 7701 et seq.), as amended by this title, is redesig13 nated as title IV (20 U.S.C. 7101 et seq.), and transferred 

14 and inserted after title III (as amended by this Act). 

15 (d) TITLE VIII REFERENCES.—The Act (20 U.S.C. 

16 6301 et seq.) is amended— 

17 (1) by redesignating sections 8001 through 8005 

18 as sections 4001 through 4005, respectively; 

19 (2) by redesignating sections 8007 through 8013 

20 as sections 4007 through 4013, respectively; 

21 (3) by striking ‘‘section 8002’’ each place it ap22 pears and inserting ‘‘section 4002’’; 

23 (4) by striking ‘‘section 8002(b)’’ each place it 

24 appears and inserting ‘‘section 4002(b)’’; 

25 (5) by striking ‘‘section 8003’’ each place it ap26 pears and inserting ‘‘section 4003’’, respectively; 


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1 (6) by striking ‘‘section 8003(a)’’ each place it 

2 appears and inserting ‘‘section 4003(a)’’; 

3 (7) by striking ‘‘section 8003(a)(1)’’ each place it 

4 appears and inserting ‘‘section 4003(a)(1)’’; 

5 (8) by striking ‘‘section 8003(a)(1)(C)’’ each 

6 place it appears and inserting ‘‘section 

7 4003(a)(1)(C)’’; 

8 (9) by striking ‘‘section 8002(a)(2)’’ each place it 

9 appears and inserting ‘‘section 4002(a)(2)’’; 

10 (10) by striking ‘‘section 8003(b)’’ each place it 

11 appears and inserting ‘‘section 4003(b)’’; 

12 (11) by striking ‘‘section 8003(b)(1)’’ each place 

13 it appears and inserting ‘‘section 4003(b)(1)’’; 

14 (12) in section 4002(b)(1)(C) (as so redesig15 nated), by striking ‘‘section 8003(b)(1)(C)’’ and in16 serting ‘‘section 4003(b)(1)(C)’’; 

17 (13) in section 4002(k)(1) (as so redesignated), 

18 by striking ‘‘section 8013(5)(C)(iii)’’ and inserting 

19 ‘‘section 4013(5)(C)(iii)’’; 

20 (14) in section 4005 (as so redesignated)— 

21 (A) in the section heading, by striking 

22 ‘‘8002 AND 8003’’ and inserting ‘‘4002 AND

23 4003’’; 

24 (B) by striking ‘‘or 8003’’ each place it ap25 pears and inserting ‘‘or 4003’’; 


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1 (C) in subsection (b)(2), by striking ‘‘section 

2 8004’’ and inserting ‘‘section 4004’’; and 

3 (D) in subsection (d)(2), by striking ‘‘sec4 tion 8003(e)’’ and inserting ‘‘section 4003(e)’’; 

5 (15) in section 4007(a)(3)(A)(i)(II) (as so redes6 ignated), by striking ‘‘section 8008(a)’’ and inserting 

7 ‘‘section 4008(a)’’; 

8 (16) in section 4007(a)(4) (as so redesignated), 

9 by striking ‘‘section 8013(3)’’ and inserting ‘‘section 

10 4013(3)’’; and 

11 (17) in section 4009 (as so redesignated)— 

12 (A) in subsection (b)(1)— 

13 (i) by striking ‘‘or 8003(b)’’ and in14 serting ‘‘or 4003(b)’’; 

15 (ii) by striking ‘‘section 

16 8003(a)(2)(B)’’ and inserting ‘‘section 

17 4003(a)(2)(B)’’; and 

18 (iii) by striking ‘‘section 8003(b)(2)’’ 

19 each place it appears and inserting ‘‘section 

20 4003(b)(2)’’; 

21 (B) by striking ‘‘section 8011(a)’’ each place 

22 it appears and inserting ‘‘section 4011(a)’’; and 

23 (18) in section 4010(c)(2)(D) (as so redesig24 nated) by striking ‘‘section 8009(b)’’ and inserting 

25 ‘‘section 4009(b)’’. 


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1 TITLE V—GENERAL PROVISIONS 

2 FOR THE ACT 

3 SEC. 501. GENERAL PROVISIONS FOR THE ACT. 

4 (a) AMENDING TITLE V.—Title V (20 U.S.C. 7201 et 

5 seq.) is amended to read as follows: 

6 ‘‘TITLE V—GENERAL 

7 PROVISIONS 

8 ‘‘PART A—DEFINITIONS 

9 ‘‘SEC. 5101. DEFINITIONS. 

10 ‘‘Except as otherwise provided, in this Act: 

11 ‘‘(1) AVERAGE DAILY ATTENDANCE.— 

12 ‘‘(A) IN GENERAL.—Except as provided oth13 erwise by State law or this paragraph, the term 

14 ‘average daily attendance’ means— 

15 ‘‘(i) the aggregate number of days of 

16 attendance of all students during a school 

17 year; divided by 

18 ‘‘(ii) the number of days school is in 

19 session during that year. 

20 ‘‘(B) CONVERSION.—The Secretary shall 

21 permit the conversion of average daily member22 ship (or other similar data) to average daily at23 tendance for local educational agencies in States 

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1 cies on the basis of average daily membership (or 

2 other similar data). 

3 ‘‘(C) SPECIAL RULE.—If the local edu4 cational agency in which a child resides makes 

5 a tuition or other payment for the free public 

6 education of the child in a school located in an7 other school district, the Secretary shall, for the 

8 purpose of this Act— 

9 ‘‘(i) consider the child to be in attend10 ance at a school of the agency making the 

11 payment; and 

12 ‘‘(ii) not consider the child to be in at13 tendance at a school of the agency receiving 

14 the payment. 

15 ‘‘(D) CHILDREN WITH DISABILITIES.—If a 

16 local educational agency makes a tuition pay17 ment to a private school or to a public school of 

18 another local educational agency for a child with 

19 a disability, as defined in section 602 of the In20 dividuals with Disabilities Education Act, the 

21 Secretary shall, for the purpose of this Act, con22 sider the child to be in attendance at a school of 

23 the agency making the payment. 


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1 ‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The 

2 term ‘average per-pupil expenditure’ means, in the 

3 case of a State or of the United States— 

4 ‘‘(A) without regard to the source of 

5 funds— 

6 ‘‘(i) the aggregate current expenditures, 

7 during the third fiscal year preceding the 

8 fiscal year for which the determination is 

9 made (or, if satisfactory data for that year 

10 are not available, during the most recent 

11 preceding fiscal year for which satisfactory 

12 data are available) of all local educational 

13 agencies in the State or, in the case of the 

14 United States, for all States (which, for the 

15 purpose of this paragraph, means the 50 

16 States and the District of Columbia); plus 

17 ‘‘(ii) any direct current expenditures 

18 by the State for the operation of those agen19 cies; divided by 

20 ‘‘(B) the aggregate number of children in 

21 average daily attendance to whom those agencies 

22 provided free public education during that pre23 ceding year. 

24 ‘‘(3) CHARTER SCHOOL.—The term ‘charter 

25 school’ means a public school that— 


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1 ‘‘(A) in accordance with a specific State 

2 statute authorizing the granting of charters to 

3 schools, is exempt from significant State or local 

4 rules that inhibit the flexible operation and man5 agement of public schools, but not from any rules 

6 relating to the other requirements of this para7 graph; 

8 ‘‘(B) is created by a developer as a public 

9 school, or is adapted by a developer from an ex10 isting public school, and is operated under pub11 lic supervision and direction; 

12 ‘‘(C) operates in pursuit of a specific set of 

13 educational objectives determined by the school’s 

14 developer and agreed to by the authorized public 

15 chartering agency; 

16 ‘‘(D) provides a program of elementary or 

17 secondary education, or both; 

18 ‘‘(E) is nonsectarian in its programs, ad19 missions policies, employment practices, and all 

20 other operations, and is not affiliated with a sec21 tarian school or religious institution; 

22 ‘‘(F) does not charge tuition; 

23 ‘‘(G) complies with the Age Discrimination 

24 Act of 1975, title VI of the Civil Rights Act of 

25 1964, title IX of the Education Amendments of 


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1 1972, section 504 of the Rehabilitation Act of 

2 1973, and part B of the Individuals with Dis3 abilities Education Act; 

4 ‘‘(H) is a school to which parents choose to 

5 send their children, and that admits students on 

6 the basis of a lottery, if more students apply for 

7 admission than can be accommodated; 

8 ‘‘(I) agrees to comply with the same Federal 

9 and State audit requirements as do other elemen10 tary schools and secondary schools in the State, 

11 unless such requirements are specifically waived 

12 for the purpose of this program; 

13 ‘‘(J) meets all applicable Federal, State, 

14 and local health and safety requirements; 

15 ‘‘(K) operates in accordance with State law; 

16 ‘‘(L) has a written performance contract 

17 with the authorized public chartering agency in 

18 the State that includes a description of how stu19 dent performance will be measured in charter 

20 schools pursuant to State assessments that are 

21 required of other schools and pursuant to any 

22 other assessments mutually agreeable to the au23 thorized public chartering agency and the char24 ter school; and 


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1 ‘‘(M) may serve prekindergarten or post sec2 ondary students. 

3 ‘‘(4) CHILD.—The term ‘child’ means any person 

4 within the age limits for which the State provides free 

5 public education. 

6 ‘‘(5) CHILD WITH A DISABILITY.—The term 

7 ‘child with a disability’ has the same meaning given 

8 that term in section 602 of the Individuals with Dis9 abilities Education Act. 

10 ‘‘(6) COMMUNITY-BASED ORGANIZATION.—The 

11 term ‘community-based organization’ means a public 

12 or private nonprofit organization of demonstrated ef13 fectiveness that— 

14 ‘‘(A) is representative of a community or 

15 significant segments of a community; and 

16 ‘‘(B) provides educational or related services 

17 to individuals in the community. 

18 ‘‘(7) CONSOLIDATED LOCAL APPLICATION.—The 

19 term ‘consolidated local application’ means an appli20 cation submitted by a local educational agency pursu21 ant to section 5305. 

22 ‘‘(8) CONSOLIDATED LOCAL PLAN.—The term 

23 ‘consolidated local plan’ means a plan submitted by 

24 a local educational agency pursuant to section 5305. 


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1 ‘‘(9) CONSOLIDATED STATE APPLICATION.—The 

2 term ‘consolidated State application’ means an appli3 cation submitted by a State educational agency pur4 suant to section 5302. 

5 ‘‘(10) CONSOLIDATED STATE PLAN.—The term 

6 ‘consolidated State plan’ means a plan submitted by 

7 a State educational agency pursuant to section 5302. 

8 ‘‘(11) CORE ACADEMIC SUBJECTS.—The term 

9 ‘core academic subjects’ means English, reading or 

10 language arts, mathematics, science, foreign lan11 guages, civics and government, economics, arts, his12 tory, and geography. 

13 ‘‘(12) COUNTY.—The term ‘county’ means one of 

14 the divisions of a State used by the Secretary of Com15 merce in compiling and reporting data regarding 

16 counties. 

17 ‘‘(13) COVERED PROGRAM.—The term ‘covered 

18 program’ means each of the programs authorized 

19 by— 

20 ‘‘(A) part A of title I; 

21 ‘‘(B) title II; and 

22 ‘‘(C) title III. 

23 ‘‘(14) CURRENT EXPENDITURES.—The term ‘cur24 rent expenditures’ means expenditures for free public 

25 education— 


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1 ‘‘(A) including expenditures for administra2 tion, instruction, attendance and health services, 

3 pupil transportation services, operation and 

4 maintenance of plant, fixed charges, and net ex5 penditures to cover deficits for food services and 

6 student body activities; but 

7 ‘‘(B) not including expenditures for commu8 nity services, capital outlay, and debt service, or 

9 any expenditures made from funds received 

10 under title I. 

11 ‘‘(15) DEPARTMENT.—The term ‘Department’ 

12 means the Department of Education. 

13 ‘‘(16) DIRECT STUDENT SERVICES.—The term 

14 ‘direct student services’ means public school choice or 

15 high-quality academic tutoring that are designed to 

16 help increase academic achievement for students. 

17 ‘‘(17) DISTANCE EDUCATION.—The term ‘dis18 tance education’ means the use of one or more tech19 nologies to deliver instruction to students who are 

20 separated from the instructor and to support regular 

21 and substantive interaction between the students and 

22 the instructor synchronously or nonsynchronously. 

23 ‘‘(18) EDUCATIONAL SERVICE AGENCY.—The 

24 term ‘educational service agency’ means a regional 

25 public multiservice agency authorized by State statute 


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1 to develop, manage, and provide services or programs 

2 to local educational agencies. 

3 ‘‘(19) ELEMENTARY SCHOOL.—The term ‘elemen4 tary school’ means a nonprofit institutional day or 

5 residential school, including a public elementary 

6 charter school, that provides elementary education, as 

7 determined under State law. 

8 ‘‘(20) ENGLISH LEARNER.—The term ‘English 

9 learner’, when used with respect to an individual, 

10 means an individual— 

11 ‘‘(A) who is aged 3 through 21; 

12 ‘‘(B) who is enrolled or preparing to enroll 

13 in an elementary school or secondary school; 

14 ‘‘(C)(i) who was not born in the United 

15 States or whose native language is a language 

16 other than English; 

17 ‘‘(ii)(I) who is a Native American or Alaska 

18 Native, or a native resident of the outlying 

19 areas; and 

20 ‘‘(II) who comes from an environment 

21 where a language other than English has had a 

22 significant impact on the individual’s level of 

23 English language proficiency; or 

24 ‘‘(iii) who is migratory, whose native lan25 guage is a language other than English, and who 


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1 comes from an environment where a language 

2 other than English is dominant; and 

3 ‘‘(D) whose difficulties in speaking, reading, 

4 writing, or understanding the English language 

5 may be sufficient to deny the individual— 

6 ‘‘(i) the ability to meet the State’s aca7 demic standards described in section 1111; 

8 ‘‘(ii) the ability to successfully achieve 

9 in classrooms where the language of instruc10 tion is English; or 

11 ‘‘(iii) the opportunity to participate 

12 fully in society. 

13 ‘‘(21) EXTENDED-YEAR ADJUSTED COHORT

14 GRADUATION RATE.— 

15 ‘‘(A) IN GENERAL.—The term ‘extended16 year adjusted cohort graduation rate’ means the 

17 ratio where— 

18 ‘‘(i) the denominator consists of the 

19 number of students who form the original 

20 cohort of entering first-time 9th grade stu21 dents enrolled in the high school no later 

22 than the effective date for student member23 ship data submitted annually by State edu24 cational agencies to the National Center for 

25 Education Statistics under section 153 of 


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1 the Education Sciences Reform Act, ad2 justed by— 

3 ‘‘(I) adding the students who 

4 joined that cohort, after the time of the 

5 determination of the original cohort; 

6 and 

7 ‘‘(II) subtracting only those stu8 dents who left that cohort, after the 

9 time of the determination of the origi10 nal cohort, as described in subpara11 graph (B); and 

12 ‘‘(ii) the numerator consists of the 

13 number of students in the cohort, as ad14 justed under clause (i), who earned a reg15 ular high school diploma before, during, or 

16 at the conclusion of— 

17 ‘‘(I) one or more additional years 

18 beyond the fourth year of high school; 

19 or 

20 ‘‘(II) a summer session imme21 diately following the additional year of 

22 high school. 

23 ‘‘(B) COHORT REMOVAL.—To remove a stu24 dent from a cohort, a school or local educational 

25 agency shall require documentation to confirm 


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1 that the student has transferred out, emigrated to 

2 another country, transferred to a prison or juve3 nile facility, or is deceased. 

4 ‘‘(C) TRANSFERRED OUT.— 

5 ‘‘(i) IN GENERAL.—For purposes of 

6 this paragraph, the term ‘transferred out’ 

7 means a student who the high school or 

8 local educational agency has confirmed, ac9 cording to clause (ii), has transferred— 

10 ‘‘(I) to another school from which 

11 the student is expected to receive a reg12 ular high school diploma; or 

13 ‘‘(II) to another educational pro14 gram from which the student is ex15 pected to receive a regular high school 

16 diploma. 

17 ‘‘(ii) CONFIRMATION REQUIRE18 MENTS.— 

19 ‘‘(I) DOCUMENTATION RE20 QUIRED.—The confirmation of a stu21 dent’s transfer to another school or 

22 educational program described in 

23 clause (i) requires documentation from 

24 the receiving school or program that 


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1 the student enrolled in the receiving 

2 school or program. 

3 ‘‘(II) LACK OF CONFIRMATION.—A 

4 student who was enrolled, but for 

5 whom there is no confirmation of the 

6 student having transferred out, shall 

7 remain in the denominator of the ex8 tended-year adjusted cohort. 

9 ‘‘(iii) PROGRAMS NOT PROVIDING

10 CREDIT.—A student who is retained in 

11 grade or who is enrolled in a GED or other 

12 alternative educational program that does 

13 not issue or provide credit toward the 

14 issuance of a regular high school diploma 

15 shall not be considered transferred out and 

16 shall remain in the extended-year adjusted 

17 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 ef22 fective date for student membership data sub23 mitted annually by State educational agencies to 

24 the National Center for Education Statistics 


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1 pursuant to section 153 of the Education 

2 Sciences Reform Act. 

3 ‘‘(22) FAMILY LITERACY SERVICES.—The term 

4 ‘family literacy services’ means services provided to 

5 participants on a voluntary basis that are of suffi6 cient intensity in terms of hours, and of sufficient du7 ration, to make sustainable changes in a family, and 

8 that integrate all of the following activities: 

9 ‘‘(A) Interactive literacy activities between 

10 parents and their children. 

11 ‘‘(B) Training for parents regarding how to 

12 be the primary teacher for their children and full 

13 partners in the education of their children. 

14 ‘‘(C) Parent literacy training that leads to 

15 economic self-sufficiency. 

16 ‘‘(D) An age-appropriate education to pre17 pare children for success in school and life expe18 riences. 

19 ‘‘(23) FOUR-YEAR ADJUSTED COHORT GRADUA20 TION RATE.— 

21 ‘‘(A) IN GENERAL.—The term ‘four-year ad22 justed cohort graduation rate’ means the ratio 

23 where— 

24 ‘‘(i) the denominator consists of the 

25 number of students who form the original 


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1 cohort of entering first-time 9th grade stu2 dents enrolled in the high school no later 

3 than the effective date for student member4 ship data submitted annually by State edu5 cational agencies to the National Center for 

6 Education Statistics pursuant to section 

7 153 of the Education Sciences Reform Act, 

8 adjusted by— 

9 ‘‘(I) adding the students who 

10 joined that cohort, after the time of the 

11 determination of the original cohort; 

12 and 

13 ‘‘(II) subtracting only those stu14 dents who left that cohort, after the 

15 time of the determination of the origi16 nal cohort, as described in subpara17 graph (B); and 

18 ‘‘(ii) the numerator consists of the 

19 number of students in the cohort, as ad20 justed under clause (i), who earned a reg21 ular high school diploma before, during, or 

22 at the conclusion of— 

23 ‘‘(I) the fourth year of high school; 

24 or 


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1 ‘‘(II) a summer session imme2 diately following the fourth year of 

3 high school. 

4 ‘‘(B) COHORT REMOVAL.—To remove a stu5 dent from a cohort, a school or local educational 

6 agency shall require documentation to confirm 

7 that the student has transferred out, emigrated to 

8 another country, transferred to a prison or juve9 nile facility, or is deceased. 

10 ‘‘(C) TRANSFERRED OUT.— 

11 ‘‘(i) IN GENERAL.—For purposes of 

12 this paragraph, the term ‘transferred out’ 

13 means a student who the high school or 

14 local educational agency has confirmed, ac15 cording to clause (ii), has transferred— 

16 ‘‘(I) to another school from which 

17 the student is expected to receive a reg18 ular high school diploma; or 

19 ‘‘(II) to another educational pro20 gram from which the student is ex21 pected to receive a regular high school 

22 diploma. 

23 ‘‘(ii) CONFIRMATION REQUIRE24 MENTS.— 


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1 ‘‘(I) DOCUMENTATION RE2 QUIRED.—The confirmation of a stu3 dent’s transfer to another school or 

4 educational program described in 

5 clause (i) requires documentation from 

6 the receiving school or program that 

7 the student enrolled in the receiving 

8 school or program. 

9 ‘‘(II) LACK OF CONFIRMATION.—A 

10 student who was enrolled, but for 

11 whom there is no confirmation of the 

12 student having transferred out, shall 

13 remain in the adjusted cohort. 

14 ‘‘(iii) PROGRAMS NOT PROVIDING

15 CREDIT.—A student who is retained in 

16 grade or who is enrolled in a GED or other 

17 alternative educational program that does 

18 not issue or provide credit toward the 

19 issuance of a regular high school diploma 

20 shall not be considered transferred out and 

21 shall remain in the adjusted cohort. 

22 ‘‘(D) SPECIAL RULE.—For those high 

23 schools that start after grade 9, the original co24 hort shall be calculated for the earliest high 

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1 fective date for student membership data sub2 mitted annually by State educational agencies to 

3 the National Center for Education Statistics 

4 pursuant to section 153 of the Education 

5 Sciences Reform Act. 

6 ‘‘(24) FREE PUBLIC EDUCATION.—The term ‘free 

7 public education’ means education that is provided— 

8 ‘‘(A) at public expense, under public super9 vision and direction, and without tuition charge; 

10 and 

11 ‘‘(B) as elementary school or secondary 

12 school education as determined under applicable 

13 State law, except that the term does not include 

14 any education provided beyond grade 12. 

15 ‘‘(25) GIFTED AND TALENTED.—The term ‘gifted 

16 and talented’, when used with respect to students, 

17 children, or youth, means students, children, or youth 

18 who give evidence of high achievement capability in 

19 areas such as intellectual, creative, artistic, or leader20 ship capacity, or in specific academic fields, and who 

21 need services or activities not ordinarily provided by 

22 the school in order to fully develop those capabilities. 

23 ‘‘(26) HIGH-QUALITY ACADEMIC TUTORING.—The 

24 term ‘high-quality academic tutoring’ means supple25 mental academic services that— 


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1 ‘‘(A) are in addition to instruction provided 

2 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 students 

22 who are identified by the local educational agen23 cy as being eligible for such services from among 

24 providers on the approved provider list described 

25 in subparagraph (B)(i); 


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1 ‘‘(D) meet all applicable Federal, State, and 

2 local health, safety, and civil rights laws; and 

3 ‘‘(E) ensure that all instruction and content 

4 are secular, neutral, and non-ideological. 

5 ‘‘(27) HIGH SCHOOL.—The term ‘high school’ 

6 means a secondary school that— 

7 ‘‘(A) grants a diploma, as defined by the 

8 State; and 

9 ‘‘(B) includes, at least, grade 12. 

10 ‘‘(28) INSTITUTION OF HIGHER EDUCATION.— 

11 The term ‘institution of higher education’ has the 

12 meaning given that term in section 101(a) of the 

13 Higher Education Act of 1965. 

14 ‘‘(29) LOCAL EDUCATIONAL AGENCY.— 

15 ‘‘(A) IN GENERAL.—The term ‘local edu16 cational agency’ means a public board of edu17 cation or other public authority legally con18 stituted within a State for either administrative 

19 control or direction of, or to perform a service 

20 function for, public elementary schools or sec21 ondary schools in a city, county, township, 

22 school district, or other political subdivision of a 

23 State, or of or for a combination of school dis24 tricts or counties that is recognized in a State as 


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1 an administrative agency for its public elemen2 tary 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 an 

9 elementary school or secondary school funded by 

10 the Bureau of Indian Education but only to the 

11 extent that including the school makes the school 

12 eligible for programs for which specific eligibility 

13 is not provided to the school in another provision 

14 of law and the school does not have a student 

15 population that is smaller than the student pop16 ulation of the local educational agency receiving 

17 assistance under this Act with the smallest stu18 dent population, except that the school shall not 

19 be subject to the jurisdiction of any State edu20 cational agency other than the Bureau of Indian 

21 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 schools. 

5 ‘‘(30) NATIVE AMERICAN AND NATIVE AMERICAN

6 LANGUAGE.—The terms ‘Native American’ and ‘Na7 tive American language’ have the same meaning given 

8 those terms in section 103 of the Native American 

9 Languages Act of 1990. 

10 ‘‘(31) OTHER STAFF.—The term ‘other staff’ 

11 means specialized instructional support personnel, li12 brarians, career guidance and counseling personnel, 

13 education aides, and other instructional and adminis14 trative personnel. 

15 ‘‘(32) OUTLYING AREA.—The term ‘outlying 

16 area’— 

17 ‘‘(A) means American Samoa, the Common18 wealth of the Northern Mariana Islands, Guam, 

19 and the United States Virgin Islands; 

20 ‘‘(B) means the Republic of Palau, to the 

21 extent permitted under section 105(f)(1)(B)(ix) 

22 of the Compact of Free Association Amendments 

23 Act of 2003 (Public Law 99–658; 117 Stat. 

24 2751) and until an agreement for the extension 

25 of United States education assistance under the 


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1 Compact of Free Association becomes effective for 

2 the Republic of Palau; and 

3 ‘‘(C) for the purpose of any discretionary 

4 grant program under this Act, includes the Re5 public of the Marshall Islands and the Federated 

6 States of Micronesia, to the extent permitted 

7 under section 105(f)(1)(B)(viii) of the Compact 

8 of Free Association Amendments Act of 2003 

9 (Public Law 108–188; 117 Stat. 2751). 

10 ‘‘(33) PARENT.—The term ‘parent’ includes a 

11 legal guardian or other person standing in loco 

12 parentis (such as a grandparent, stepparent, or foster 

13 parent with whom the child lives, or a person who is 

14 legally responsible for the child’s welfare). 

15 ‘‘(34) PARENTAL INVOLVEMENT.—The term ‘pa16 rental involvement’ means the participation of par17 ents in regular, two-way, and meaningful commu18 nication involving student academic learning and 

19 other school activities, including ensuring— 

20 ‘‘(A) that parents play an integral role in 

21 assisting in their child’s learning; 

22 ‘‘(B) that parents are encouraged to be ac23 tively involved in their child’s education at 

24 school; 


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1 ‘‘(C) that parents are full partners in their 

2 child’s education and are included, as appro3 priate, in decisionmaking and on advisory com4 mittees to assist in the education of their child; 

5 and 

6 ‘‘(D) the carrying out of other activities, 

7 such as those described in section 1118. 

8 ‘‘(35) POVERTY LINE.—The term ‘poverty line’ 

9 means the poverty line (as defined by the Office of 

10 Management and Budget and revised annually in ac11 cordance with section 673(2) of the Community Serv12 ices Block Grant Act) applicable to a family of the 

13 size involved. 

14 ‘‘(36) PROFESSIONAL DEVELOPMENT.—The term 

15 ‘professional development’— 

16 ‘‘(A) includes evidence-based, job-embedded, 

17 continuous activities that— 

18 ‘‘(i) improve and increase teachers’ 

19 knowledge of the academic subjects the 

20 teachers teach, and enable teachers to be21 come effective educators; 

22 ‘‘(ii) are an integral part of broad 

23 schoolwide and districtwide educational im24 provement plans; 


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1 ‘‘(iii) give teachers, school leaders, 

2 other staff, and administrators the knowl3 edge and skills to provide students with the 

4 opportunity to meet State academic stand5 ards; 

6 ‘‘(iv) improve classroom management 

7 skills; 

8 ‘‘(v)(I) have a positive and lasting im9 pact on classroom instruction and the 

10 teacher’s performance in the classroom; and 

11 ‘‘(II) are not 1-day or short-term work12 shops or conferences; 

13 ‘‘(vi) support the recruiting, hiring, 

14 and training of effective teachers, including 

15 teachers who became certified or licensed 

16 through State and local alternative routes to 

17 certification; 

18 ‘‘(vii) advance teacher understanding 

19 of effective instructional strategies that are 

20 strategies for improving student academic 

21 achievement or substantially increasing the 

22 knowledge and teaching skills of teachers, 

23 including through addressing the social and 

24 emotional development needs of students; 


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1 ‘‘(viii) are aligned with and directly 

2 related to— 

3 ‘‘(I) State academic standards 

4 and assessments; and 

5 ‘‘(II) the curricula and programs 

6 tied to the standards described in sub7 clause (I); 

8 ‘‘(ix) are developed with extensive par9 ticipation of teachers, school leaders, par10 ents, and administrators of schools to be 

11 served under this Act; 

12 ‘‘(x) are designed to give teachers of 

13 English learners and other teachers and in14 structional staff, the knowledge and skills to 

15 provide instruction and appropriate lan16 guage and academic support services to 

17 those children, including the appropriate 

18 use of curricula and assessments; 

19 ‘‘(xi) to the extent appropriate, provide 

20 training for teachers, other staff, and school 

21 leaders in the use of technology so that tech22 nology and technology applications are ef23 fectively used to improve teaching and 

24 learning in the curricula and core academic 


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1 subjects in which the students receive in2 struction; 

3 ‘‘(xii) as a whole, are regularly evalu4 ated for their impact on increased teacher 

5 effectiveness and improved student academic 

6 achievement, with the findings of the eval7 uations used to improve the quality of the 

8 professional development; 

9 ‘‘(xiii) provide instruction in methods 

10 of teaching children with special needs; 

11 ‘‘(xiv) include instruction in the use of 

12 data and assessments to inform and in13 struct classroom practice; and 

14 ‘‘(xv) include instruction in ways that 

15 teachers, school leaders, specialized instruc16 tional support personnel, other staff, and 

17 school administrators may work more effec18 tively with parents; and 

19 ‘‘(B) may include evidence-based, job-em20 bedded, continuous activities that— 

21 ‘‘(i) involve the forming of partner22 ships with institutions of higher education 

23 to establish school-based teacher training 

24 programs that provide prospective teachers 

25 and new teachers with an opportunity to 


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1 work under the guidance of experienced 

2 teachers and college faculty; 

3 ‘‘(ii) create programs to enable para4 professionals (assisting teachers employed 

5 by a local educational agency receiving as6 sistance under subpart 1 of part A of title 

7 I) to obtain the education necessary for 

8 those paraprofessionals to become certified 

9 and licensed teachers; and 

10 ‘‘(iii) provide follow-up training to in11 dividuals who have participated in activi12 ties described in subparagraph (A) or an13 other clause of this subparagraph that are 

14 designed to ensure that the knowledge and 

15 skills learned by the teachers are imple16 mented in the classroom. 

17 ‘‘(37) REGULAR HIGH SCHOOL DIPLOMA.— 

18 ‘‘(A) IN GENERAL.—The term ‘regular high 

19 school diploma’ means the standard high school 

20 diploma awarded to the preponderance of stu21 dents in the State that is fully aligned with 

22 State standards, or a higher diploma. Such term 

23 shall not include a GED or other recognized 

24 equivalent of a diploma, a certificate of attend25 ance, or any lesser diploma award. 


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1 ‘‘(B) EXCEPTION FOR STUDENTS WITH SIG2 NIFICANT COGNITIVE DISABILITIES.—For a stu3 dent who is assessed using an alternate assess4 ment aligned to alternate academic standards 

5 under section 1111(b)(1)(D), receipt of a regular 

6 high school diploma as defined under subpara7 graph (A) or a State-defined alternate diploma 

8 obtained within the time period for which the 

9 State ensures the availability of a free appro10 priate public education and in accordance with 

11 section 612(a)(1) of the Individuals with Dis12 abilities Education Act shall be counted as grad13 uating with a regular high school diploma for 

14 the purposes of this Act. 

15 ‘‘(38) SCHOOL LEADER.—The term ‘school lead16 er’ means a principal, assistant principal, or other 

17 individual who is— 

18 ‘‘(A) an employee or officer of a school, local 

19 educational agency, or other entity operating the 

20 school; and 

21 ‘‘(B) responsible for— 

22 ‘‘(i) the daily instructional leadership 

23 and managerial operations of the school; 

24 and 


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1 ‘‘(ii) creating the optimum conditions 

2 for student learning. 

3 ‘‘(39) SECONDARY SCHOOL.—The term ‘sec4 ondary school’ means a nonprofit institutional day or 

5 residential school, including a public secondary char6 ter school, that provides secondary education, as de7 termined under State law, except that the term does 

8 not include any education beyond grade 12. 

9 ‘‘(40) SECRETARY.—The term ‘Secretary’ means 

10 the Secretary of Education. 

11 ‘‘(41) SPECIALIZED INSTRUCTIONAL SUPPORT

12 PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT

13 SERVICES.— 

14 ‘‘(A) SPECIALIZED INSTRUCTIONAL SUP15 PORT PERSONNEL.—The term ‘specialized in16 structional support personnel’ means school 

17 counselors, school social workers, school psycholo18 gists, and other qualified professional personnel 

19 involved in providing assessment, diagnosis, 

20 counseling, educational, therapeutic, and other 

21 necessary services (including related services as 

22 that term is defined in section 602 of the Indi23 viduals with Disabilities Education Act) as part 

24 of a comprehensive program to meet student 

25 needs. 


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1 ‘‘(B) SPECIALIZED INSTRUCTIONAL SUP2 PORT SERVICES.—The term ‘specialized instruc3 tional support services’ means the services pro4 vided by specialized instructional support per5 sonnel. 

6 ‘‘(42) STATE.—The term ‘State’ means each of 

7 the 50 States, the District of Columbia, the Common8 wealth of Puerto Rico, and each of the outlying areas. 

9 ‘‘(43) STATE EDUCATIONAL AGENCY.—The term 

10 ‘State educational agency’ means the agency pri11 marily responsible for the State supervision of public 

12 elementary schools and secondary schools. 

13 ‘‘(44) TECHNOLOGY.—The term ‘technology’ 

14 means modern information, computer and commu15 nication technology products, services, or tools, in16 cluding, but not limited to, the Internet and other 

17 communications networks, computer devices and other 

18 computer and communications hardware, software 

19 applications, data systems, and other electronic con20 tent and data storage. 

21 ‘‘SEC. 5102. APPLICABILITY OF TITLE. 

22 ‘‘Parts B, C, D, and E of this title do not apply to 

23 title IV of this Act. 


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1 ‘‘SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDU2 CATION OPERATED SCHOOLS. 

3 ‘‘For the purpose of any competitive program under 

4 this Act— 

5 ‘‘(1) a consortium of schools operated by the Bu6 reau of Indian Education; 

7 ‘‘(2) a school operated under a contract or grant 

8 with the Bureau of Indian Education in consortium 

9 with another contract or grant school or a tribal or 

10 community organization; or 

11 ‘‘(3) a Bureau of Indian Education school in 

12 consortium with an institution of higher education, a 

13 contract or grant school, or a tribal or community or14 ganization, 

15 shall be given the same consideration as a local educational 

16 agency. 

17 ‘‘PART B—FLEXIBILITY IN THE USE OF 

18 ADMINISTRATIVE AND OTHER FUNDS 

19 ‘‘SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE 

20 FUNDS FOR ELEMENTARY AND SECONDARY 

21 EDUCATION PROGRAMS. 

22 ‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— 

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

24 may consolidate the amounts specifically made avail25 able to it for State administration under one or more 

26 of the programs under paragraph (2). 


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1 ‘‘(2) APPLICABILITY.—This section applies to 

2 any program under this Act under which funds are 

3 authorized to be used for administration, and such 

4 other programs as the Secretary may designate. 

5 ‘‘(b) USE OF FUNDS.— 

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

7 shall use the amount available under this section for 

8 the administration of the programs included in the 

9 consolidation under subsection (a). 

10 ‘‘(2) ADDITIONAL USES.—A State educational 

11 agency may also use funds available under this sec12 tion for administrative activities designed to enhance 

13 the effective and coordinated use of funds under pro14 grams included in the consolidation under subsection 

15 (a), such as— 

16 ‘‘(A) the coordination of those programs 

17 with other Federal and non-Federal programs; 

18 ‘‘(B) the establishment and operation of 

19 peer-review mechanisms under this Act; 

20 ‘‘(C) the administration of this title; 

21 ‘‘(D) the dissemination of information re22 garding model programs and practices; 

23 ‘‘(E) technical assistance under any pro24 gram under this Act; 


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1 ‘‘(F) State-level activities designed to carry 

2 out this title; 

3 ‘‘(G) training personnel engaged in audit 

4 and other monitoring activities; and 

5 ‘‘(H) implementation of the Cooperative 

6 Audit Resolution and Oversight Initiative of the 

7 Department. 

8 ‘‘(c) RECORDS.—A State educational agency that con9 solidates administrative funds under this section shall not 

10 be required to keep separate records, by individual program, 

11 to account for costs relating to the administration of pro12 grams included in the consolidation under subsection (a). 

13 ‘‘(d) REVIEW.—To determine the effectiveness of State 

14 administration under this section, the Secretary may peri15 odically review the performance of State educational agen16 cies in using consolidated administrative funds under this 

17 section and take such steps as the Secretary finds appro18 priate to ensure the effectiveness of that administration. 

19 ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State 

20 educational agency does not use all of the funds available 

21 to the agency under this section for administration, the 

22 agency may use those funds during the applicable period 

23 of availability as funds available under one or more pro24 grams included in the consolidation under subsection (a). 


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1 ‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND

2 ASSESSMENT DEVELOPMENT.—In order to develop State 

3 academic standards and assessments, a State educational 

4 agency may consolidate the amounts described in subsection 

5 (a) for those purposes under title I. 

6 ‘‘SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 

7 ‘‘A State educational agency that also serves as a local 

8 educational agency shall, in its applications or plans under 

9 this Act, describe how the agency will eliminate duplication 

10 in conducting administrative functions. 

11 ‘‘SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT 

12 OF THE INTERIOR FUNDS. 

13 ‘‘(a) GENERAL AUTHORITY.— 

14 ‘‘(1) TRANSFER.—The Secretary shall transfer to 

15 the Department of the Interior, as a consolidated 

16 amount for covered programs, the Indian education 

17 programs under subpart 6 of part A of title I, and 

18 the education for homeless children and youth pro19 gram under subtitle B of title VII of the McKinney20 Vento Homeless Assistance Act, the amounts allotted 

21 to the Department of the Interior under those pro22 grams. 

23 ‘‘(2) AGREEMENT.— 

24 ‘‘(A) IN GENERAL.—The Secretary and the 

25 Secretary of the Interior shall enter into an 


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1 agreement, consistent with the requirements of 

2 the programs specified in paragraph (1), for the 

3 distribution and use of those program funds 

4 under terms that the Secretary determines best 

5 meet the purposes of those programs. 

6 ‘‘(B) CONTENTS.—The agreement shall— 

7 ‘‘(i) set forth the plans of the Secretary 

8 of the Interior for the use of the amount 

9 transferred and the achievement measures to 

10 assess program effectiveness; and 

11 ‘‘(ii) be developed in consultation with 

12 Indian tribes. 

13 ‘‘(b) ADMINISTRATION.—The Department of the Inte14 rior may use not more than 1.5 percent of the funds consoli15 dated under this section for its costs related to the adminis16 tration of the funds transferred under this section. 

17 ‘‘PART C—COORDINATION OF PROGRAMS; CON18 SOLIDATED STATE AND LOCAL PLANS AND 

19 APPLICATIONS 

20 ‘‘SEC. 5301. PURPOSES. 

21 ‘‘The purposes of this part are— 

22 ‘‘(1) to improve teaching and learning by en23 couraging greater cross-program coordination, plan24 ning, and service delivery; 


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1 ‘‘(2) to provide greater flexibility to State and 

2 local authorities through consolidated plans, applica3 tions, and reporting; and 

4 ‘‘(3) to enhance the integration of programs 

5 under this Act with State and local programs. 

6 ‘‘SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR AP7 PLICATIONS. 

8 ‘‘(a) GENERAL AUTHORITY.— 

9 ‘‘(1) SIMPLIFICATION.—In order to simplify ap10 plication requirements and reduce the burden for 

11 State educational agencies under this Act, the Sec12 retary, in accordance with subsection (b), shall estab13 lish procedures and criteria under which, after con14 sultation with the Governor, a State educational 

15 agency may submit a consolidated State plan or a 

16 consolidated State application meeting the require17 ments of this section for— 

18 ‘‘(A) each of the covered programs in which 

19 the State participates; and 

20 ‘‘(B) such other programs as the Secretary 

21 may designate. 

22 ‘‘(2) CONSOLIDATED APPLICATIONS AND

23 PLANS.—After consultation with the Governor, a 

24 State educational agency that submits a consolidated 

25 State plan or a consolidated State application under 


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1 this section shall not be required to submit separate 

2 State plans or applications under any of the pro3 grams to which the consolidated State plan or consoli4 dated State application under this section applies. 

5 ‘‘(b) COLLABORATION.— 

6 ‘‘(1) IN GENERAL.—In establishing criteria and 

7 procedures under this section, the Secretary shall col8 laborate with State educational agencies and, as ap9 propriate, with other State agencies, local educational 

10 agencies, public and private agencies, organizations, 

11 and institutions, private schools, and parents, stu12 dents, and teachers. 

13 ‘‘(2) CONTENTS.—Through the collaborative 

14 process described in paragraph (1), the Secretary 

15 shall establish, for each program under this Act to 

16 which this section applies, the descriptions, informa17 tion, assurances, and other material required to be in18 cluded in a consolidated State plan or consolidated 

19 State application. 

20 ‘‘(3) NECESSARY MATERIALS.—The Secretary 

21 shall require only descriptions, information, assur22 ances (including assurances of compliance with appli23 cable provisions regarding participation by private 

24 school children and teachers), and other materials 

25 that are absolutely necessary for the consideration of 


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1 the consolidated State plan or consolidated State ap2 plication. 

3 ‘‘SEC. 5303. CONSOLIDATED REPORTING. 

4 ‘‘(a) IN GENERAL.—In order to simplify reporting re5 quirements and reduce reporting burdens, the Secretary 

6 shall establish procedures and criteria under which a State 

7 educational agency, in consultation with the Governor of 

8 the State, may submit a consolidated State annual report. 

9 ‘‘(b) CONTENTS.—The report shall contain informa10 tion about the programs included in the report, including 

11 the performance of the State under those programs, and 

12 other matters as the Secretary determines are necessary, 

13 such as monitoring activities. 

14 ‘‘(c) REPLACEMENT.—The report shall replace sepa15 rate individual annual reports for the programs included 

16 in the consolidated State annual report. 

17 ‘‘SEC. 5304. GENERAL APPLICABILITY OF STATE EDU18 CATIONAL AGENCY ASSURANCES. 

19 ‘‘(a) ASSURANCES.—A State educational agency, in 

20 consultation with the Governor of the State, that submits 

21 a consolidated State plan or consolidated State application 

22 under this Act, whether separately or under section 5302, 

23 shall have on file with the Secretary a single set of assur24 ances, applicable to each program for which the plan or 

25 application is submitted, that provides that— 


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1 ‘‘(1) each such program will be administered in 

2 accordance with all applicable statutes, regulations, 

3 program plans, and applications; 

4 ‘‘(2)(A) the control of funds provided under each 

5 such program and title to property acquired with 

6 program funds will be in a public agency, an eligible 

7 private agency, institution, or organization, or an In8 dian tribe, if the law authorizing the program pro9 vides for assistance to those entities; and 

10 ‘‘(B) the public agency, eligible private agency, 

11 institution, or organization, or Indian tribe will ad12 minister those funds and property to the extent re13 quired by the authorizing law; 

14 ‘‘(3) the State will adopt and use proper methods 

15 of administering each such program, including— 

16 ‘‘(A) the enforcement of any obligations im17 posed by law on agencies, institutions, organiza18 tions, and other recipients responsible for car19 rying out each program; 

20 ‘‘(B) the correction of deficiencies in pro21 gram operations that are identified through au22 dits, monitoring, or evaluation; and 

23 ‘‘(C) the adoption of written procedures for 

24 the receipt and resolution of complaints alleging 


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1 violations of law in the administration of the 

2 programs; 

3 ‘‘(4) the State will cooperate in carrying out any 

4 evaluation of each such program conducted by or for 

5 the Secretary or other Federal officials; 

6 ‘‘(5) the State will use such fiscal control and 

7 fund accounting procedures that will ensure proper 

8 disbursement of, and accounting for, Federal funds 

9 paid to the State under each such program; 

10 ‘‘(6) the State will— 

11 ‘‘(A) make reports to the Secretary as may 

12 be necessary to enable the Secretary to perform 

13 the Secretary’s duties under each such program; 

14 and 

15 ‘‘(B) maintain such records, provide such 

16 information to the Secretary, and afford such ac17 cess to the records as the Secretary may find nec18 essary to carry out the Secretary’s duties; and 

19 ‘‘(7) before the plan or application was sub20 mitted to the Secretary, the State afforded a reason21 able opportunity for public comment on the plan or 

22 application and considered such comment. 

23 ‘‘(b) GEPA PROVISION.—Section 441 of the General 

24 Education Provisions Act shall not apply to programs 

25 under this Act. 


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1 ‘‘SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICA2 TIONS. 

3 ‘‘(a) GENERAL AUTHORITY.— 

4 ‘‘(1) CONSOLIDATED PLAN.—A local educational 

5 agency receiving funds under more than one covered 

6 program may submit plans or applications to the 

7 State educational agency under those programs on a 

8 consolidated basis. 

9 ‘‘(2) AVAILABILITY TO GOVERNOR.—The State 

10 educational agency shall make any consolidated local 

11 plans and applications available to the Governor. 

12 ‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA13 TIONS.—A State educational agency that has an approved 

14 consolidated State plan or application under section 5302 

15 may require local educational agencies in the State receiv16 ing funds under more than one program included in the 

17 consolidated State plan or consolidated State application 

18 to submit consolidated local plans or applications under 

19 those programs, but may not require those agencies to sub20 mit separate plans. 

21 ‘‘(c) COLLABORATION.—A State educational agency, in 

22 consultation with the Governor, shall collaborate with local 

23 educational agencies in the State in establishing procedures 

24 for the submission of the consolidated State plans or consoli25 dated State applications under this section. 


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1 ‘‘(d) NECESSARY MATERIALS.—The State educational 

2 agency shall require only descriptions, information, assur3 ances, and other material that are absolutely necessary for 

4 the consideration of the local educational agency plan or 

5 application. 

6 ‘‘SEC. 5306. OTHER GENERAL ASSURANCES. 

7 ‘‘(a) ASSURANCES.—Any applicant, other than a State 

8 educational agency that submits a plan or application 

9 under this Act, shall have on file with the State educational 

10 agency a single set of assurances, applicable to each pro11 gram for which a plan or application is submitted, that 

12 provides that— 

13 ‘‘(1) each such program will be administered in 

14 accordance with all applicable statutes, regulations, 

15 program plans, and applications; 

16 ‘‘(2)(A) the control of funds provided under each 

17 such program and title to property acquired with 

18 program funds will be in a public agency or in an 

19 eligible private agency, institution, organization, or 

20 Indian tribe, if the law authorizing the program pro21 vides for assistance to those entities; and 

22 ‘‘(B) the public agency, eligible private agency, 

23 institution, or organization, or Indian tribe will ad24 minister the funds and property to the extent required 

25 by the authorizing statutes; 


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1 ‘‘(3) the applicant will adopt and use proper 

2 methods of administering each such program, includ3 ing— 

4 ‘‘(A) the enforcement of any obligations im5 posed by law on agencies, institutions, organiza6 tions, and other recipients responsible for car7 rying out each program; and 

8 ‘‘(B) the correction of deficiencies in pro9 gram operations that are identified through au10 dits, monitoring, or evaluation; 

11 ‘‘(4) the applicant will cooperate in carrying out 

12 any evaluation of each such program conducted by or 

13 for the State educational agency, the Secretary, or 

14 other Federal officials; 

15 ‘‘(5) the applicant will use such fiscal control 

16 and fund accounting procedures as will ensure proper 

17 disbursement of, and accounting for, Federal funds 

18 paid to the applicant under each such program; 

19 ‘‘(6) the applicant will— 

20 ‘‘(A) submit such reports to the State edu21 cational agency (which shall make the reports 

22 available to the Governor) and the Secretary as 

23 the State educational agency and Secretary may 

24 require to enable the State educational agency 


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1 and the Secretary to perform their duties under 

2 each such program; and 

3 ‘‘(B) maintain such records, provide such 

4 information, and afford such access to the 

5 records as the State educational agency (after 

6 consultation with the Governor) or the Secretary 

7 may reasonably require to carry out the State 

8 educational agency’s or the Secretary’s duties; 

9 and 

10 ‘‘(7) before the application was submitted, the 

11 applicant afforded a reasonable opportunity for pub12 lic comment on the application and considered such 

13 comment. 

14 ‘‘(b) GEPA PROVISION.—Section 442 of the General 

15 Education Provisions Act shall not apply to programs 

16 under this Act. 

17 ‘‘PART D—WAIVERS 

18 ‘‘SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY RE19 QUIREMENTS. 

20 ‘‘(a) IN GENERAL.— 

21 ‘‘(1) REQUEST FOR WAIVER.—A State edu22 cational agency, local educational agency, or Indian 

23 tribe that receives funds under a program authorized 

24 under this Act may submit a request to the Secretary 


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1 to waive any statutory or regulatory requirement of 

2 this Act. 

3 ‘‘(2) RECEIPT OF WAIVER.—Except as provided 

4 in subsection (c) and subject to the limits in sub5 section (b)(5)(A), the Secretary shall waive any statu6 tory or regulatory requirement of this Act for a State 

7 educational agency, local educational agency, Indian 

8 tribe, or school (through a local educational agency), 

9 that submits a waiver request pursuant to this sub10 section. 

11 ‘‘(b) PLAN.— 

12 ‘‘(1) IN GENERAL.—A State educational agency, 

13 local educational agency, or Indian tribe that desires 

14 a waiver under this section shall submit a waiver re15 quest to the Secretary, which shall include a plan 

16 that— 

17 ‘‘(A) identifies the Federal programs af18 fected by the requested waiver; 

19 ‘‘(B) describes which Federal statutory or 

20 regulatory requirements are to be waived; 

21 ‘‘(C) reasonably demonstrates that the waiv22 er will improve instruction for students and ad23 vance student academic achievement; 

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1 dian tribe will use to monitor the effectiveness of 

2 the implementation of the plan; and 

3 ‘‘(E) describes how schools will continue to 

4 provide assistance to the same populations served 

5 by programs for which the waiver is requested. 

6 ‘‘(2) ADDITIONAL INFORMATION.—A waiver re7 quest under this section— 

8 ‘‘(A) may provide for waivers of require9 ments applicable to State educational agencies, 

10 local educational agencies, Indian tribes, and 

11 schools; and 

12 ‘‘(B) shall be developed and submitted— 

13 ‘‘(i)(I) by local educational agencies 

14 (on behalf of those agencies and schools) to 

15 State educational agencies; and 

16 ‘‘(II) by State educational agencies (on 

17 their own behalf, or on behalf of, and based 

18 on the requests of, local educational agencies 

19 in the State) to the Secretary; or 

20 ‘‘(ii) by Indian tribes (on behalf of 

21 schools operated by the tribes) to the Sec22 retary. 

23 ‘‘(3) GENERAL REQUIREMENTS.— 

24 ‘‘(A) STATE EDUCATIONAL AGENCIES.—In 

25 the case of a waiver request submitted by a State 


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1 educational agency acting on its own behalf, or 

2 on behalf of local educational agencies in the 

3 State, the State educational agency shall— 

4 ‘‘(i) provide the public and local edu5 cational agencies in the State with notice 

6 and a reasonable opportunity to comment 

7 and provide input on the request; 

8 ‘‘(ii) submit the comments and input 

9 to the Secretary, with a description of how 

10 the State addressed the comments and 

11 input; and 

12 ‘‘(iii) provide notice and a reasonable 

13 time to comment to the public and local 

14 educational agencies in the manner in 

15 which the applying agency customarily pro16 vides similar notice and opportunity to 

17 comment to the public. 

18 ‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In 

19 the case of a waiver request submitted by a local 

20 educational agency that receives funds under this 

21 Act— 

22 ‘‘(i) the request shall be reviewed by the 

23 State educational agency and be accom24 panied by the comments, if any, of the State 

25 educational agency and the public; and 


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1 ‘‘(ii) notice and a reasonable oppor2 tunity to comment regarding the waiver re3 quest shall be provided to the State edu4 cational agency and the public by the agen5 cy requesting the waiver in the manner in 

6 which that agency customarily provides 

7 similar notice and opportunity to comment 

8 to the public. 

9 ‘‘(4) PEER REVIEW.— 

10 ‘‘(A) ESTABLISHMENT.—The Secretary shall 

11 establish a multi-disciplinary peer review team, 

12 which shall meet the requirements of section 

13 5543, to review waiver requests under this sec14 tion. 

15 ‘‘(B) APPLICABILITY.—The Secretary may 

16 approve a waiver request under this section 

17 without conducting a peer review of the request, 

18 but shall use the peer review process under this 

19 paragraph before disapproving such a request. 

20 ‘‘(C) STANDARD AND NATURE OF REVIEW.— 

21 Peer reviewers shall conduct a good faith review 

22 of waiver requests submitted to them under this 

23 section. Peer reviewers shall review such waiver 

24 requests— 

25 ‘‘(i) in their totality; 


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1 ‘‘(ii) in deference to State and local 

2 judgment; and 

3 ‘‘(iii) with the goal of promoting State4 and local-led innovation. 

5 ‘‘(5) WAIVER DETERMINATION, DEMONSTRATION, 

6 AND REVISION.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall ap8 prove a waiver request not more than 60 days 

9 after the date on which such request is submitted, 

10 unless the Secretary determines and dem11 onstrates that— 

12 ‘‘(i) the waiver request does not meet 

13 the requirements of this section; 

14 ‘‘(ii) the waiver is not permitted under 

15 subsection (c); 

16 ‘‘(iii) the plan that is required under 

17 paragraph (1)(C), and reviewed with def18 erence to State and local judgment, provides 

19 no reasonable evidence to determine that a 

20 waiver will enhance student academic 

21 achievement; or 

22 ‘‘(iv) the waiver request does not pro23 vide for adequate evaluation to ensure re24 view and continuous improvement of the 

25 plan. 


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1 ‘‘(B) WAIVER DETERMINATION AND REVI2 SION.—If the Secretary determines and dem3 onstrates that the waiver request does not meet 

4 the requirements of this section, the Secretary 

5 shall— 

6 ‘‘(i) immediately— 

7 ‘‘(I) notify the State educational 

8 agency, local educational agency, or 

9 Indian tribe of such determination; 

10 and 

11 ‘‘(II) at the request of the State 

12 educational agency, local educational 

13 agency, or Indian tribe, provide de14 tailed reasons for such determination 

15 in writing; 

16 ‘‘(ii) offer the State educational agen17 cy, local educational agency, or Indian tribe 

18 an opportunity to revise and resubmit the 

19 waiver request not more than 60 days after 

20 the date of such determination; and 

21 ‘‘(iii) if the Secretary determines that 

22 the resubmission does not meet the require23 ments of this section, at the request of the 

24 State educational agency, local educational 

25 agency, or Indian tribe, conduct a public 


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1 hearing not more than 30 days after the 

2 date of such resubmission. 

3 ‘‘(C) WAIVER DISAPPROVAL.—The Secretary 

4 may disapprove a waiver request if— 

5 ‘‘(i) the State educational agency, local 

6 educational agency, or Indian tribe has 

7 been notified and offered an opportunity to 

8 revise and resubmit the waiver request, as 

9 described under clauses (i) and (ii) of sub10 paragraph (B); and 

11 ‘‘(ii) the State educational agency, 

12 local educational agency, or Indian tribe— 

13 ‘‘(I) does not revise and resubmit 

14 the waiver request; or 

15 ‘‘(II) revises and resubmits the 

16 waiver request, and the Secretary de17 termines that such waiver request does 

18 not meet the requirements of this sec19 tion after a hearing conducted under 

20 subparagraph (B)(iii), if requested. 

21 ‘‘(D) EXTERNAL CONDITIONS.—The Sec22 retary shall not, directly or indirectly, require or 

23 impose new or additional requirements in ex24 change for receipt of a waiver if such require25 ments are not specified in this Act. 


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1 ‘‘(c) RESTRICTIONS.—The Secretary shall not waive 

2 under this section any statutory or regulatory requirements 

3 relating to— 

4 ‘‘(1) the allocation or distribution of funds to 

5 States, local educational agencies, Indian tribes, or 

6 other recipients of funds under this Act; 

7 ‘‘(2) comparability of services; 

8 ‘‘(3) use of Federal funds to supplement, not sup9 plant, non-Federal funds; 

10 ‘‘(4) equitable participation of private school stu11 dents and teachers; 

12 ‘‘(5) parental participation and involvement; 

13 ‘‘(6) applicable civil rights requirements; 

14 ‘‘(7) the prohibitions— 

15 ‘‘(A) in subpart 2 of part E; 

16 ‘‘(B) regarding use of funds for religious 

17 worship or instruction in section 5505; and 

18 ‘‘(C) regarding activities in section 5524; or 

19 ‘‘(8) the selection of a school attendance area or 

20 school under subsections (a) and (b) of section 1113, 

21 except that the Secretary may grant a waiver to allow 

22 a school attendance area or school to participate in 

23 activities under subpart 1 of part A of title I if the 

24 percentage of children from low-income families in 

25 the school attendance area or who attend the school is 


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1 not more than 10 percentage points below the lowest 

2 percentage of those children for any school attendance 

3 area or school of the local educational agency that 

4 meets the requirements of subsections (a) and (b) of 

5 section 1113. 

6 ‘‘(d) DURATION AND EXTENSION OF WAIVER; LIMITA7 TIONS.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), a waiver approved by the Secretary under 

10 this section may be for a period not to exceed 3 years. 

11 ‘‘(2) EXTENSION.—The Secretary may extend the 

12 period described in paragraph (1) if the State dem13 onstrates that— 

14 ‘‘(A) the waiver has been effective in ena15 bling the State or affected recipient to carry out 

16 the activities for which the waiver was requested 

17 and the waiver has contributed to improved stu18 dent achievement; and 

19 ‘‘(B) the extension is in the public interest. 

20 ‘‘(3) SPECIFIC LIMITATIONS.—The Secretary 

21 shall not require a State educational agency, local 

22 educational agency, or Indian tribe, as a condition of 

23 approval of a waiver request, to— 

24 ‘‘(A) include in, or delete from, such request, 

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1 mon Core State Standards developed under the 

2 Common Core State Standards Initiative or any 

3 other standards common to a significant number 

4 of States; 

5 ‘‘(B) use specific academic assessment in6 struments or items, including assessments 

7 aligned to the standards described in subpara8 graph (A); or 

9 ‘‘(C) include in, or delete from, such waiver 

10 request any criterion that specifies, defines, de11 scribes, or prescribes the standards or measures 

12 that a State or local educational agency or In13 dian tribe uses to establish, implement, or im14 prove— 

15 ‘‘(i) State academic standards; 

16 ‘‘(ii) academic assessments; 

17 ‘‘(iii) State accountability systems; or 

18 ‘‘(iv) teacher and school leader evalua19 tion systems. 

20 ‘‘(e) REPORTS.— 

21 ‘‘(1) WAIVER REPORTS.—A State educational 

22 agency, local educational agency, or Indian tribe that 

23 receives a waiver under this section shall, at the end 

24 of the second year for which a waiver is received 


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1 under this section and each subsequent year, submit 

2 a report to the Secretary that— 

3 ‘‘(A) describes the uses of the waiver by the 

4 agency or by schools; 

5 ‘‘(B) describes how schools continued to pro6 vide assistance to the same populations served by 

7 the programs for which waivers were granted; 

8 and 

9 ‘‘(C) evaluates the progress of the agency 

10 and schools, or Indian tribe, in improving the 

11 quality of instruction or the academic achieve12 ment of students. 

13 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

14 shall annually submit to the Committee on Education 

15 and the Workforce of the House of Representatives 

16 and the Committee on Health, Education, Labor, and 

17 Pensions of the Senate a report— 

18 ‘‘(A) summarizing the uses of waivers by 

19 State educational agencies, local educational 

20 agencies, Indian tribes, and schools; and 

21 ‘‘(B) describing the status of the waivers in 

22 improving academic achievement. 

23 ‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall 

24 terminate a waiver under this section if the Secretary deter25 mines, after notice and an opportunity for a hearing, that 


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1 the performance of the State or other recipient affected by 

2 the waiver has been inadequate to justify a continuation 

3 of the waiver and the recipient of the waiver has failed to 

4 make revisions needed to carry out the purpose of the waiv5 er, or if the waiver is no longer necessary to achieve its 

6 original purpose. 

7 ‘‘(g) PUBLICATION.—A notice of the Secretary’s deci8 sion to grant each waiver under subsection (a) shall be pub9 lished in the Federal Register and the Secretary shall pro10 vide for the dissemination of the notice to State educational 

11 agencies, interested parties, including educators, parents, 

12 students, advocacy and civil rights organizations, and the 

13 public. 

14 ‘‘PART E—UNIFORM PROVISIONS 

15 ‘‘Subpart 1—Private Schools 

16 ‘‘SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHIL17 DREN AND TEACHERS. 

18 ‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 

19 ‘‘(1) IN GENERAL.—Except as otherwise provided 

20 in this Act, to the extent consistent with the number 

21 of eligible children in areas served by a State edu22 cational agency, local educational agency, educational 

23 service agency, consortium of those agencies, or an24 other entity receiving financial assistance under a 

25 program specified in subsection (b), who are enrolled 


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1 in private elementary schools and secondary schools 

2 in areas served by such agency, consortium, or entity, 

3 the agency, consortium, or entity shall, after timely 

4 and meaningful consultation with appropriate pri5 vate school officials or their representatives, provide to 

6 those children and their teachers or other educational 

7 personnel, on an equitable basis, special educational 

8 services or other benefits that address their needs 

9 under the program. 

10 ‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL

11 SERVICES OR BENEFITS.—Educational services or 

12 other benefits, including materials and equipment, 

13 provided under this section, shall be secular, neutral, 

14 and nonideological. 

15 ‘‘(3) SPECIAL RULE.—Educational services and 

16 other benefits provided under this section for private 

17 school children, teachers, and other educational per18 sonnel shall be equitable in comparison to services 

19 and other benefits for public school children, teachers, 

20 and other educational personnel participating in the 

21 program and shall be provided in a timely manner. 

22 ‘‘(4) EXPENDITURES.— 

23 ‘‘(A) IN GENERAL.—Expenditures for edu24 cational services and other benefits to eligible 

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1 ice personnel shall be equal to the expenditures 

2 for participating public school children, taking 

3 into account the number and educational needs, 

4 of the children to be served. 

5 ‘‘(B) OBLIGATION OF FUNDS.—Funds allo6 cated to a local educational agency for edu7 cational services and other benefits to eligible 

8 private school children shall— 

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

10 which the funds are received by the agency; 

11 and 

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

13 that cannot be so obligated, be used to serve 

14 such children in the following fiscal year. 

15 ‘‘(C) NOTICE OF ALLOCATION.—Each State 

16 educational agency shall— 

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

18 the proportion of funds to be allocated to 

19 each local educational agency in the State 

20 for educational services and other benefits 

21 under this subpart to eligible private school 

22 children; and 

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

24 each such local educational agency and the 

25 appropriate private school officials or their 


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1 representatives in the State of such alloca2 tion of funds. 

3 ‘‘(5) PROVISION OF SERVICES.—An agency, con4 sortium, or entity described in subsection (a)(1) of 

5 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 mean22 ingful consultation, a State educational agency, local 

23 educational agency, educational service agency, con24 sortium of those agencies, or entity shall consult, in 

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1 vate school officials or their representatives during the 

2 design and development of the programs under this 

3 Act, on issues such as— 

4 ‘‘(A) how the children’s needs will be identi5 fied; 

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 to 

11 improve those services; 

12 ‘‘(E) the size and scope of the equitable serv13 ices to be provided to the eligible private school 

14 children, teachers, and other educational per15 sonnel and the amount of funds available for 

16 those services; 

17 ‘‘(F) how and when the agency, consortium, 

18 or entity will make decisions about the delivery 

19 of services, including a thorough consideration 

20 and analysis of the views of the private school of21 ficials or their representatives on the provision of 

22 services through potential third-party providers 

23 or contractors; and 

24 ‘‘(G) how, if the agency disagrees with the 

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1 resentatives on the provision of services through 

2 a contract, the local educational agency will pro3 vide in writing to such private school officials or 

4 their representatives an analysis of the reasons 

5 why the local educational agency has chosen not 

6 to use a contractor. 

7 ‘‘(2) DISAGREEMENT.—If the agency, consor8 tium, or entity disagrees with the views of the private 

9 school officials or their representatives with respect to 

10 an issue described in paragraph (1), the agency, con11 sortium, or entity shall provide to the private school 

12 officials or their representatives a written explanation 

13 of the reasons why the local educational agency has 

14 chosen not to adopt the course of action requested by 

15 such officials or their representatives. 

16 ‘‘(3) TIMING.—The consultation required by 

17 paragraph (1) shall occur before the agency, consor18 tium, or entity makes any decision that affects the op19 portunities of eligible private school children, teachers, 

20 and other educational personnel to participate in pro21 grams under this Act, and shall continue throughout 

22 the implementation and assessment of activities under 

23 this section. 

24 ‘‘(4) DISCUSSION REQUIRED.—The consultation 

25 required by paragraph (1) shall include a discussion 


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1 of service delivery mechanisms that the agency, con2 sortium, or entity could use to provide equitable serv3 ices to eligible private school children, teachers, ad4 ministrators, and other staff. 

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

6 agency shall maintain in the agency’s records and 

7 provide to the State educational agency involved a 

8 written affirmation signed by officials or their rep9 resentatives of each participating private school that 

10 the meaningful consultation required by this section 

11 has occurred. The written affirmation shall provide 

12 the option for private school officials or their rep13 resentatives to indicate that timely and meaningful 

14 consultation has not occurred or that the program de15 sign is not equitable with respect to eligible private 

16 school children. If such officials or their representa17 tives do not provide such affirmation within a rea18 sonable period of time, the local educational agency 

19 shall forward the documentation that such consulta20 tion has, or attempts at such consultation have, taken 

21 place to the State educational agency. 

22 ‘‘(6) COMPLIANCE.— 

23 ‘‘(A) IN GENERAL.—If the consultation re24 quired under this section is with a local edu25 cational agency or educational service agency, a 


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1 private school official or representative shall 

2 have the right to file a complaint with the State 

3 educational agency that the consultation re4 quired under this section was not meaningful 

5 and timely, did not give due consideration to the 

6 views of the private school official or representa7 tive, or did not treat the private school or its stu8 dents equitably as required by this section. 

9 ‘‘(B) PROCEDURE.—If the private school of10 ficial or representative wishes to file a com11 plaint, the private school official or representa12 tive shall provide the basis of the noncompliance 

13 with this section and all parties shall provide the 

14 appropriate documentation to the appropriate 

15 officials or representatives. 

16 ‘‘(C) SERVICES.—A State educational agen17 cy shall provide services under this section di18 rectly or through contracts with public and pri19 vate agencies, organizations, and institutions, 

20 if— 

21 ‘‘(i) the appropriate private school offi22 cials or their representatives have— 

23 ‘‘(I) requested that the State edu24 cational agency provide such services 

25 directly; and 


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1 ‘‘(II) demonstrated that the local 

2 educational agency or Education Serv3 ice Agency involved has not met the re4 quirements of this section; or 

5 ‘‘(ii) in a case in which— 

6 ‘‘(I) a local educational agency 

7 has more than 10,000 children from 

8 low-income families who attend private 

9 elementary schools or secondary schools 

10 in such agency’s school attendance 

11 areas, as defined in section 

12 1113(a)(2)(A), that are not being 

13 served by the agency’s program under 

14 this section; or 

15 ‘‘(II) 90 percent of the eligible 

16 private school students in a school at17 tendance area, as defined in section 

18 1113(a)(2)(A), are not being served by 

19 the agency’s program under this sec20 tion. 

21 ‘‘(d) PUBLIC CONTROL OF FUNDS.— 

22 ‘‘(1) IN GENERAL.—The control of funds used to 

23 provide services under this section, and title to mate24 rials, equipment, and property purchased with those 

25 funds, shall be in a public agency for the uses and 


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1 purposes provided in this Act, and a public agency 

2 shall administer the funds and property. 

3 ‘‘(2) PROVISION OF SERVICES.— 

4 ‘‘(A) IN GENERAL.—The provision of serv5 ices under this section shall be provided— 

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

7 or 

8 ‘‘(ii) through contract by the public 

9 agency with an individual, association, 

10 agency, organization, or other entity. 

11 ‘‘(B) INDEPENDENCE; PUBLIC AGENCY.—In 

12 the provision of those services, the employee, per13 son, association, agency, organization, or other 

14 entity shall be independent of the private school 

15 and of any religious organization, and the em16 ployment or contract shall be under the control 

17 and supervision of the public agency. 

18 ‘‘(C) COMMINGLING OF FUNDS PROHIB19 ITED.—Funds used to provide services under this 

20 section shall not be commingled with non-Fed21 eral funds. 

22 ‘‘SEC. 5502. STANDARDS FOR BY-PASS. 

23 ‘‘(a) IN GENERAL.—If, by reason of any provision of 

24 law, a State educational agency, local educational agency, 

25 educational service agency, consortium of those agencies, or 


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1 other entity is prohibited from providing for the participa2 tion in programs of children enrolled in, or teachers or other 

3 educational personnel from, private elementary schools and 

4 secondary schools, on an equitable basis, or if the Secretary 

5 determines that the agency, consortium, or entity has sub6 stantially failed or is unwilling to provide for that partici7 pation, as required by section 5501, the Secretary shall— 

8 ‘‘(1) waive the requirements of that section for 

9 the agency, consortium, or entity; and 

10 ‘‘(2) arrange for the provision of equitable serv11 ices to those children, teachers, or other educational 

12 personnel through arrangements that shall be subject 

13 to the requirements of this section and of sections 

14 5501, 5503, and 5504. 

15 ‘‘(b) DETERMINATION.—In making the determination 

16 under subsection (a), the Secretary shall consider one or 

17 more factors, including the quality, size, scope, and location 

18 of the program, and the opportunity of private school chil19 dren, teachers, and other educational personnel to partici20 pate in the program. 

21 ‘‘SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF 

22 PRIVATE SCHOOL CHILDREN. 

23 ‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary 

24 shall develop and implement written procedures for receiv25 ing, investigating, and resolving complaints from parents, 


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1 teachers, or other individuals and organizations concerning 

2 violations of section 5501 by a State educational agency, 

3 local educational agency, educational service agency, con4 sortium of those agencies, or entity. The individual or orga5 nization shall submit the complaint to the State educational 

6 agency for a written resolution by the State educational 

7 agency within 45 days. 

8 ‘‘(b) APPEALS TO SECRETARY.—The resolution may be 

9 appealed by an interested party to the Secretary not later 

10 than 30 days after the State educational agency resolves 

11 the complaint or fails to resolve the complaint within the 

12 45-day time limit. The appeal shall be accompanied by a 

13 copy of the State educational agency’s resolution, and, if 

14 there is one, a complete statement of the reasons supporting 

15 the appeal. The Secretary shall investigate and resolve the 

16 appeal not later than 90 days after receipt of the appeal. 

17 ‘‘Subpart 2—Prohibitions 

18 ‘‘SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, 

19 DIRECTION, OR CONTROL. 

20 ‘‘(a) IN GENERAL.—No officer or employee of the Fed21 eral Government shall, directly or indirectly, through 

22 grants, contracts, or other cooperative agreements, mandate, 

23 direct, or control a State, local educational agency, or 

24 school’s specific instructional content, academic standards 

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1 cluding any requirement, direction, or mandate to adopt 

2 the Common Core State Standards developed under the 

3 Common Core State Standards Initiative or any other aca4 demic standards common to a significant number of 

5 States), nor shall anything in this Act be construed to au6 thorize such officer or employee to do so. 

7 ‘‘(b) FINANCIAL SUPPORT.—No officer or employee of 

8 the Federal Government shall, directly or indirectly, 

9 through grants, contracts, or other cooperative agreements, 

10 make financial support available in a manner that is con11 ditioned upon a State, local educational agency, or school’s 

12 adoption of specific instructional content, academic stand13 ards and assessments, curriculum, or program of instruc14 tion, (including any requirement, direction, or mandate to 

15 adopt the Common Core State Standards developed under 

16 the Common Core State Standards Initiative, any other 

17 academic standards common to a significant number of 

18 States, or any assessment, instructional content, or cur19 riculum aligned to such standards), even if such require20 ments are specified in an Act other than this Act, nor shall 

21 anything in this Act be construed to authorize such officer 

22 or employee to do so. 


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1 ‘‘SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND 

2 USE OF FEDERAL FUNDS. 

3 ‘‘(a) GENERAL PROHIBITION.—Nothing in this Act 

4 shall be construed to authorize an officer or employee of the 

5 Federal Government directly or indirectly, whether through 

6 a grant, contract, or cooperative agreement, to mandate, di7 rect, or control a State, local educational agency, or school’s 

8 curriculum, program of instruction, or allocation of State 

9 or local resources, or mandate a State or any subdivision 

10 thereof to spend any funds or incur any costs not paid for 

11 under this Act. 

12 ‘‘(b) PROHIBITION ON ENDORSEMENT OF CUR13 RICULUM.—Notwithstanding any other prohibition of Fed14 eral law, no funds provided to the Department under this 

15 Act may be used by the Department directly or indirectly 

16 – whether through a grant, contract, or cooperative agree17 ment – to endorse, approve, develop, require, or sanction 

18 any curriculum, including any curriculum aligned to the 

19 Common Core State Standards developed under the Com20 mon Core State Standards Initiative or any other academic 

21 standards common to a significant number of States, de22 signed to be used in an elementary school or secondary 

23 school. 

24 ‘‘(c) LOCAL CONTROL.—Nothing in this Act shall be 

25 construed to— 


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1 ‘‘(1) authorize an officer or employee of the Fed2 eral Government directly or indirectly – whether 

3 through a grant, contract, or cooperative agreement – 

4 to mandate, direct, review, or control a State, local 

5 educational agency, or school’s instructional content, 

6 curriculum, and related activities; 

7 ‘‘(2) limit the application of the General Edu8 cation Provisions Act; 

9 ‘‘(3) require the distribution of scientifically or 

10 medically false or inaccurate materials or to prohibit 

11 the distribution of scientifically or medically true or 

12 accurate materials; or 

13 ‘‘(4) create any legally enforceable right. 

14 ‘‘(d) PROHIBITION ON REQUIRING FEDERAL AP15 PROVAL OR CERTIFICATION OF STANDARDS.—Notwith16 standing any other provision of Federal law, no State shall 

17 be required to have academic standards approved or cer18 tified by the Federal Government, in order to receive assist19 ance under this Act. 

20 ‘‘(e) RULE OF CONSTRUCTION ON BUILDING STAND21 ARDS.—Nothing in this Act shall be construed to mandate 

22 national school building standards for a State, local edu23 cational agency, or school. 


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1 ‘‘SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED 

2 TESTING. 

3 ‘‘(a) GENERAL PROHIBITION.—Notwithstanding any 

4 other provision of Federal law and except as provided in 

5 subsection (b), no funds provided under this Act to the Sec6 retary or to the recipient of any award may be used to 

7 develop, pilot test, field test, implement, administer, or dis8 tribute any federally sponsored national test or testing ma9 terials in reading, mathematics, or any other subject, unless 

10 specifically and explicitly authorized by law. 

11 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

12 international comparative assessments developed under the 

13 authority of section 153(a)(5) of the Education Sciences Re14 form Act of 2002 and administered to only a representative 

15 sample of pupils in the United States and in foreign na16 tions. 

17 ‘‘SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CER18 TIFICATION FOR TEACHERS. 

19 ‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFI20 CATION OF TEACHERS.—Notwithstanding any other provi21 sion of this Act or any other provision of law, no funds 

22 available to the Department or otherwise available under 

23 this Act may be used for any purpose relating to a manda24 tory nationwide test or certification of teachers or education 

25 paraprofessionals, including any planning, development, 


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1 implementation, or administration of such test or certifi2 cation. 

3 ‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The 

4 Secretary is prohibited from withholding funds from any 

5 State educational agency or local educational agency if the 

6 State educational agency or local educational agency fails 

7 to adopt a specific method of teacher or paraprofessional 

8 certification. 

9 ‘‘SEC. 5525. PROHIBITED USES OF FUNDS. 

10 ‘‘No funds under this Act may be used— 

11 ‘‘(1) for construction, renovation, or repair of 

12 any school facility, except as authorized under title IV 

13 or otherwise authorized under this Act; 

14 ‘‘(2) for medical services, drug treatment or re15 habilitation, except for specialized instructional sup16 port services or referral to treatment for students who 

17 are victims of, or witnesses to, crime or who illegally 

18 use drugs; 

19 ‘‘(3) for transportation unless otherwise author20 ized under this Act; 

21 ‘‘(4) to develop or distribute materials, or oper22 ate programs or courses of instruction directed at 

23 youth, that are designed to promote or encourage sex24 ual activity, whether homosexual or heterosexual; 


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1 ‘‘(5) to distribute or to aid in the distribution by 

2 any organization of legally obscene materials to mi3 nors on school grounds; 

4 ‘‘(6) to provide sex education or HIV-prevention 

5 education in schools unless that instruction is age ap6 propriate and includes the health benefits of absti7 nence; or 

8 ‘‘(7) to operate a program of contraceptive dis9 tribution in schools. 

10 ‘‘SEC. 5529. PROHIBITION REGARDING STATE AID. 

11 ‘‘A State shall not take into consideration payments 

12 under this Act (other than under title IV) in determining 

13 the eligibility of any local educational agency in that State 

14 for State aid, or the amount of State aid, with respect to 

15 free public education of children. 

16 ‘‘Subpart 3—Other Provisions 

17 ‘‘SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STU18 DENTS AND STUDENT RECRUITING INFORMA19 TION. 

20 ‘‘(a) POLICY.— 

21 ‘‘(1) ACCESS TO STUDENT RECRUITING INFORMA22 TION.—Notwithstanding section 444(a)(5)(B) of the 

23 General Education Provisions Act, each local edu24 cational agency receiving assistance under this Act 

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1 cruiter or an institution of higher education, access to 

2 the name, address, and telephone listing of each sec3 ondary school student served by the local educational 

4 agency, unless the parent of such student has sub5 mitted the prior consent request under paragraph (2). 

6 ‘‘(2) CONSENT.— 

7 ‘‘(A) OPT-OUT PROCESS.—A parent of a 

8 secondary school student may submit a written 

9 request, to the local educational agency, that the 

10 student’s name, address, and telephone listing 

11 not be released for purposes of paragraph (1) 

12 without prior written consent of the parent. 

13 Upon receiving such request, the local edu14 cational agency may not release the student’s 

15 name, address, and telephone listing for such 

16 purposes without the prior written consent of the 

17 parent. 

18 ‘‘(B) NOTIFICATION OF OPT-OUT PROC19 ESS.—Each local educational agency shall notify 

20 the parents of the students served by the agency 

21 of the option to make a request described in sub22 paragraph (A). 

23 ‘‘(3) SAME ACCESS TO STUDENTS.—Each local 

24 educational agency receiving assistance under this 

25 Act shall provide military recruiters the same access 


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1 to secondary school students as is provided generally 

2 to institutions of higher education or to prospective 

3 employers of those students. 

4 ‘‘(4) RULE OF CONSTRUCTION PROHIBITING OPT5 IN PROCESSES.—Nothing in this subsection shall be 

6 construed to allow a local educational agency to with7 hold access to a student’s name, address, and tele8 phone listing from a military recruiter or institution 

9 of higher education by implementing an opt-in proc10 ess or any other process other than the written con11 sent request process under paragraph (2)(A). 

12 ‘‘(5) PARENTAL CONSENT.—For purposes of this 

13 subsection, whenever a student has attained 18 years 

14 of age, the permission or consent required of and the 

15 rights accorded to the parents of the student shall only 

16 be required of and accorded to the student. 

17 ‘‘(b) NOTIFICATION.—The Secretary, in consultation 

18 with the Secretary of Defense, shall, not later than 120 days 

19 after the date of enactment of the Student Success Act, no20 tify school leaders, school administrators, and other edu21 cators about the requirements of this section. 

22 ‘‘(c) EXCEPTION.—The requirements of this section do 

23 not apply to a private secondary school that maintains a 

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1 jection is verifiable through the corporate or other organiza2 tional documents or materials of that school. 

3 ‘‘SEC. 5542. RULEMAKING. 

4 ‘‘The Secretary shall issue regulations under this Act 

5 as prescribed under section 1401 only to the extent that such 

6 regulations are necessary to ensure that there is compliance 

7 with the specific requirements and assurances required by 

8 this Act. 

9 ‘‘SEC. 5543. PEER REVIEW. 

10 ‘‘(a) IN GENERAL.—If the Secretary uses a peer review 

11 panel to evaluate an application for any program required 

12 under this Act, the Secretary shall conduct the panel in ac13 cordance with this section. 

14 ‘‘(b) MAKEUP.—The Secretary shall— 

15 ‘‘(1) solicit nominations for peers to serve on the 

16 panel from States that are— 

17 ‘‘(A) practitioners in the subject matter; or 

18 ‘‘(B) experts in the subject matter; and 

19 ‘‘(2) select the peers from such nominees, except 

20 that there shall be at least 75 percent practitioners on 

21 each panel and in each group formed from the panel. 

22 ‘‘(c) GUIDANCE.—The Secretary shall issue the peer re23 view guidance concurrently with the notice of the grant. 

24 ‘‘(d) REPORTING.—The Secretary shall— 


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1 ‘‘(1) make the names of the peer reviewers avail2 able to the public before the final deadline for the ap3 plication of the grant; 

4 ‘‘(2) make the peer review notes publically avail5 able once the review has concluded; and 

6 ‘‘(3) make any deviations from the peer review7 ers’ recommendations available to the public with an 

8 explanation of the deviation. 

9 ‘‘(e) APPLICANT REVIEWS.—An applicant shall have 

10 an opportunity within 30 days to review the peer review 

11 notes and appeal the score to the Secretary prior to the Sec12 retary making any final determination. 

13 ‘‘(f) PROHIBITION.—The Secretary, and the Sec14 retary’s staff, may not attempt to participate in, or influ15 ence, the peer review process. No Federal employee may par16 ticipate in, or attempt to influence the peer review process, 

17 except to respond to questions of a technical nature, which 

18 shall be publicly reported. 

19 ‘‘SEC. 5544. PARENTAL CONSENT. 

20 ‘‘Upon receipt of written notification from the parents 

21 or legal guardians of a student, the local educational agency 

22 shall withdraw such student from any program funded 

23 under part B of title III. The local educational agency shall 

24 make reasonable efforts to inform parents or legal guardians 


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1 of the content of such programs or activities funded under 

2 this Act, other than classroom instruction. 

3 ‘‘SEC. 5548. SEVERABILITY. 

4 ‘‘If any provision of this Act is held invalid, the re5 mainder of this Act shall be unaffected thereby. 

6 ‘‘SEC. 5551. DEPARTMENT STAFF. 

7 ‘‘The Secretary shall— 

8 ‘‘(1) not later than 60 days after the date of the 

9 enactment of the Student Success Act, identify the 

10 number of Department employees who worked on or 

11 administered each education program and project au12 thorized under this Act, as such program or project 

13 was in effect on the day before such enactment date, 

14 and publish such information on the Department’s 

15 website; 

16 ‘‘(2) not later than 60 days after such enactment 

17 date, identify the number of full-time equivalent em18 ployees who work on or administer programs or 

19 projects authorized under this Act, as in effect on the 

20 day before such enactment date, that have been elimi21 nated or consolidated since such date; 

22 ‘‘(3) not later than 1 year after such enactment 

23 date, reduce the workforce of the Department by the 

24 number of full-time equivalent employees the Depart25 ment calculated under paragraph (2); and 


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1 ‘‘(4) not later than 1 year after such enactment 

2 date, report to the Congress on— 

3 ‘‘(A) the number of employees associated 

4 with each program or project authorized under 

5 this Act administered by the Department; 

6 ‘‘(B) the number of full-time equivalent em7 ployees who were determined to be associated 

8 with eliminated or consolidated programs or 

9 projects under paragraph (2); and 

10 ‘‘(C) how the Secretary reduced the number 

11 of employees at the Department under paragraph 

12 (3). 

13 ‘‘PART F—EVALUATIONS 

14 ‘‘SEC. 5601. EVALUATIONS. 

15 ‘‘(a) RESERVATION OF FUNDS.—Except as provided in 

16 subsections (c) and (d), the Secretary may reserve not more 

17 than 0.5 percent of the amount appropriated to carry out 

18 each categorical program authorized under this Act. The re19 served amounts shall be used by the Secretary, acting 

20 through the Director of the Institute of Education 

21 Sciences— 

22 ‘‘(1) to conduct— 

23 ‘‘(A) comprehensive evaluations of the pro24 gram or project; and 


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1 ‘‘(B) studies of the effectiveness of the pro2 gram or project and its administrative impact 

3 on schools and local educational agencies; 

4 ‘‘(2) to evaluate the aggregate short- and long5 term effects and cost efficiencies across Federal pro6 grams assisted or authorized under this Act and re7 lated Federal preschool, elementary, and secondary 

8 programs under any other Federal law; and 

9 ‘‘(3) to increase the usefulness of evaluations of 

10 grant recipients in order to ensure the continuous 

11 progress of the program or project by improving the 

12 quality, timeliness, efficiency, and use of information 

13 relating to performance under the program or project. 

14 ‘‘(b) REQUIRED PLAN.—The Secretary, acting through 

15 the Director of the Institute of Education Sciences, may use 

16 the reserved amount under subsection (a) only after comple17 tion of a comprehensive, multi-year plan— 

18 ‘‘(1) for the periodic evaluation of each of the 

19 major categorical programs authorized under this Act, 

20 and as resources permit, the smaller categorical pro21 grams authorized under this Act; 

22 ‘‘(2) that shall be developed and implemented 

23 with the involvement of other officials at the Depart24 ment, as appropriate; and 

25 ‘‘(3) that shall not be finalized until— 


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1 ‘‘(A) the publication of a notice in the Fed2 eral Register seeking public comment on such 

3 plan and after review by the Secretary of such 

4 comments; and 

5 ‘‘(B) the plan is submitted for comment to 

6 the Committee on Education and the Workforce 

7 of the House of Representatives and the Com8 mittee on Health, Education, Labor, and Pen9 sions of the Senate and after review by the Sec10 retary of such comments. 

11 ‘‘(c) TITLE I EXCLUDED.—The Secretary may not re12 serve under subsection (a) funds appropriated to carry out 

13 any program authorized under title I. 

14 ‘‘(d) EVALUATION ACTIVITIES AUTHORIZED ELSE15 WHERE.—If, under any other provision of this Act (other 

16 than title I), funds are authorized to be reserved or used 

17 for evaluation activities with respect to a program or 

18 project, the Secretary may not reserve additional funds 

19 under this section for the evaluation of that program or 

20 project.’’. 

21 (b) TECHNICAL AMENDMENTS.— 

22 (1) TITLE IX.— 

23 (A) SUBPART 1 OF PART E OF TITLE V.— 


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1 (i) TRANSFER AND REDESIGNATION.— 

2 Sections 9504 through 9506 (20 U.S.C. 

3 7884; 7885; 7886) are— 

4 (I) transferred to title V, as 

5 amended by subsection (a) of this sec6 tion; 

7 (II) inserted after section 5503 of 

8 such title; and 

9 (III) redesignated as sections 5504 

10 through 5506, respectively. 

11 (ii) AMENDMENTS.—Section 5504 (as 

12 so redesignated) is amended— 

13 (I) in subsection (a)(1)(A), by 

14 striking ‘‘section 9502’’ and inserting 

15 ‘‘section 5502’’; 

16 (II) in subsection (b), by striking 

17 ‘‘section 9501’’ and inserting ‘‘section 

18 5501’’; and 

19 (III) in subsection (d), by striking 

20 ‘‘No Child Left Behind Act of 2001’’ 

21 and inserting ‘‘Student Success Act’’. 

22 (B) SUBPART 2 OF PART E OF TITLE V.— 

23 (i) TRANSFER AND REDESIGNATION.— 

24 Sections 9531, 9533, and 9534 (20 U.S.C. 

25 7911; 7913; 7914) are— 


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1 (I) transferred to title V, as 

2 amended by subparagraph (A) of this 

3 paragraph; 

4 (II) inserted after section 5525 of 

5 such title; and 

6 (III) redesignated as sections 5526 

7 through 5528, respectively. 

8 (ii) AMENDMENTS.—Section 5528 (as 

9 so redesignated) is amended— 

10 (I) by striking ‘‘(a) IN GEN11 ERAL.—Nothing’’ and inserting ‘‘Noth12 ing’’; and 

13 (II) by striking subsection (b). 

14 (C) SUBPART 3 OF PART E OF TITLE V.— 

15 Sections 9523, 9524, and 9525 (20 U.S.C. 7903; 

16 7904; 7905) are— 

17 (i) transferred to title V, as amended 

18 by subparagraph (B) of this paragraph; 

19 (ii) inserted after section 5544 of such 

20 title; and 

21 (iii) redesignated as sections 5545 

22 through 5547, respectively. 

23 (2) TITLE IV.—Sections 4141 and 4155 (20 

24 U.S.C. 7151; 7161) are— 


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1 (A) transferred to title V, as amended by 

2 paragraph (1) of this subsection; 

3 (B) inserted after section 5548 (as so redes4 ignated by paragraph (1)(C)(iii) of this sub5 section); and 

6 (C) redesignated as sections 5549 and 5550, 

7 respectively. 

8 SEC. 502. REPEAL. 

9 Title IX (20 U.S.C. 7801 et seq.), as amended by sec10 tion 501(b)(1) of this title, is repealed. 

11 SEC. 503. OTHER LAWS. 

12 Beginning on the date of the enactment of this Act, 

13 any reference in law to the term ‘‘highly qualified’’ as de14 fined in section 9101 of the Elementary and Secondary 

15 Education Act of 1965 shall be treated as a reference to 

16 such term under section 9101 of the Elementary and Sec17 ondary Education Act of 1965 as in effect on the day before 

18 the date of the enactment of this Act. 

19 SEC. 504. AMENDMENT TO IDEA. 

20 Section 602 of the Individuals with Disabilities Edu21 cation Act (20 U.S.C. 1401) is amended by striking para22 graph (10). 


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1 TITLE VI—REPEAL 

2 SEC. 601. REPEAL OF TITLE VI. 

3 The Act is amended by striking title VI (20 U.S.C. 

4 7301 et seq.) 

5 TITLE VII—HOMELESS 

6 EDUCATION 

7 SEC. 701. STATEMENT OF POLICY. 

8 Section 721 of the McKinney-Vento Homeless Assist9 ance Act (42 U.S.C. 11431) is amended— 

10 (1) by amending paragraph (2) to read as fol11 lows: 

12 ‘‘(2) In any State where compulsory residency 

13 requirements or other requirements, laws, regulations, 

14 practices, or policies may act as a barrier to the iden15 tification, enrollment, attendance, or success in school 

16 of homeless children and youths, the State and local 

17 educational agencies will review and undertake steps 

18 to revise such laws, regulations, practices, or policies 

19 to ensure that homeless children and youths are af20 forded the same free, appropriate public education as 

21 is provided to other children and youths.’’; 

22 (2) in paragraph (3), by striking ‘‘alone’’; and 

23 (3) in paragraph (4), by striking ‘‘challenging 

24 State student academic achievement’’ and inserting 

25 ‘‘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 funds 

20 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) that 

26 enable such children and youths to enroll in, attend, 


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1 and succeed in school, or, if appropriate, in preschool 

2 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 this 

6 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 ca16 pacity to respond to, specific needs in the edu17 cation 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 subtitle’’ 


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1 and inserting ‘‘the grant funds remaining after 

2 the State educational agency distributes sub3 grants 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 the 

15 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 the 

20 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 follows: 

8 ‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.— 

9 The Coordinator for Education of Homeless Children and 

10 Youths established in each State shall— 

11 ‘‘(1) gather and make publically available reli12 able, valid, and comprehensive information on— 

13 ‘‘(A) the number of homeless children and 

14 youths identified in the State, posted annually 

15 on the State educational agency’s website; 

16 ‘‘(B) the nature and extent of the problems 

17 homeless children and youths have in gaining ac18 cess to public preschool programs and to public 

19 elementary schools and secondary schools; 

20 ‘‘(C) the difficulties in identifying the spe21 cial needs and barriers to the participation and 

22 achievement of such children and youths; 

23 ‘‘(D) any progress made by the State edu24 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 this 

4 subtitle in identifying homeless children and 

5 youths and allowing such children and youths to 

6 enroll in, attend, and succeed in, school; 

7 ‘‘(2) develop and carry out the State plan de8 scribed in subsection (g); 

9 ‘‘(3) collect data for and transmit to the Sec10 retary, at such time and in such manner as the Sec11 retary may require, a report containing information 

12 necessary to assess the educational needs of homeless 

13 children and youths within the State, including data 

14 necessary for the Secretary to fulfill the responsibil15 ities under section 724(h); 

16 ‘‘(4) in order to improve the provision of com17 prehensive education and related support services to 

18 homeless children and youths and their families, co19 ordinate and collaborate with— 

20 ‘‘(A) educators, including teachers, special 

21 education personnel, administrators, and child 

22 development and preschool program personnel; 

23 ‘‘(B) providers of services to homeless chil24 dren and youths and their families, including 

25 services of public and private child welfare and 


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1 social services agencies, law enforcement agen2 cies, juvenile and family courts, agencies pro3 viding mental health services, domestic violence 

4 agencies, child care providers, runaway and 

5 homeless youth centers, and providers of services 

6 and programs funded under the Runaway and 

7 Homeless Youth Act (42 U.S.C. 5701 et seq.); 

8 ‘‘(C) providers of emergency, transitional, 

9 and permanent housing to homeless children and 

10 youths, and their families, including public 

11 housing agencies, shelter operators, operators of 

12 transitional housing facilities, and providers of 

13 transitional living programs for homeless youths; 

14 ‘‘(D) local educational agency liaisons des15 ignated under subsection (g)(1)(J)(ii) for home16 less children and youths; and 

17 ‘‘(E) community organizations and groups 

18 representing homeless children and youths and 

19 their families; 

20 ‘‘(5) provide technical assistance to local edu21 cational agencies, in coordination with local edu22 cational agency liaisons designated under subsection 

23 (g)(1)(J)(ii), to ensure that local educational agencies 

24 comply with the requirements of subsection (e)(3), 


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1 paragraphs (3) through (7) of subsection (g), and sub2 section (h); 

3 ‘‘(6) provide professional development opportuni4 ties for local educational agency personnel and the 

5 homeless liaison designated under subsection 

6 (g)(1)(J)(ii) to assist such personnel in meeting the 

7 needs of homeless children and youths; and 

8 ‘‘(7) respond to inquiries from parents and 

9 guardians of homeless children and youths and unac10 companied youths to ensure that each child or youth 

11 who is the subject of such an inquiry receives the full 

12 protections and services provided by this subtitle.’’; 

13 (7) by amending subsection (g) to read as fol14 lows: 

15 ‘‘(g) STATE PLAN.— 

16 ‘‘(1) IN GENERAL.—In order to be eligible to re17 ceive a grant under this section, each State edu18 cational agency shall submit to the Secretary a plan 

19 to provide for the education of homeless children and 

20 youths within the State that includes the following: 

21 ‘‘(A) A description of how such children and 

22 youths are (or will be) given the opportunity to 

23 meet the same State academic standards that all 

24 students are expected to meet. 


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1 ‘‘(B) A description of the procedures the 

2 State educational agency will use to identify 

3 such children and youths in the State and to as4 sess their needs. 

5 ‘‘(C) A description of procedures for the 

6 prompt resolution of disputes regarding the edu7 cational placement of homeless children and 

8 youths. 

9 ‘‘(D) A description of programs for school 

10 personnel (including liaisons, school leaders, at11 tendance officers, teachers, enrollment personnel, 

12 and specialized instructional support personnel) 

13 to heighten the awareness of such personnel of the 

14 specific needs of homeless adolescents, including 

15 runaway and homeless youths. 

16 ‘‘(E) A description of procedures that ensure 

17 that homeless children and youths who meet the 

18 relevant eligibility criteria are able to partici19 pate in Federal, State, or local nutrition pro20 grams. 

21 ‘‘(F) A description of procedures that ensure 

22 that— 

23 ‘‘(i) homeless children have equal ac24 cess to public preschool programs, adminis25 tered by the State educational agency or 


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1 local educational agency, as provided to 

2 other children in the State; 

3 ‘‘(ii) homeless youths and youths sepa4 rated from public schools are identified and 

5 accorded equal access to appropriate sec6 ondary education and support services; and 

7 ‘‘(iii) homeless children and youth who 

8 meet the relevant eligibility criteria are able 

9 to participate in Federal, State, or local 

10 education programs. 

11 ‘‘(G) Strategies to address problems identi12 fied in the report provided to the Secretary 

13 under subsection (f)(3). 

14 ‘‘(H) Strategies to address other problems 

15 with respect to the education of homeless children 

16 and youths, including problems resulting from 

17 enrollment delays that are caused by— 

18 ‘‘(i) immunization and other health 

19 records requirements; 

20 ‘‘(ii) residency requirements; 

21 ‘‘(iii) lack of birth certificates, school 

22 records, or other documentation; 

23 ‘‘(iv) guardianship issues; or 

24 ‘‘(v) uniform or dress code require25 ments. 


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1 ‘‘(I) A demonstration that the State edu2 cational agency and local educational agencies 

3 in the State have developed, and shall review 

4 and revise, policies to remove barriers to the 

5 identification, enrollment, and retention of 

6 homeless children and youths in schools in the 

7 State. 

8 ‘‘(J) Assurances that the following will be 

9 carried out: 

10 ‘‘(i) The State educational agency and 

11 local educational agencies in the State will 

12 adopt policies and practices to ensure that 

13 homeless children and youths are not stig14 matized or segregated on the basis of their 

15 status as homeless. 

16 ‘‘(ii) Local educational agencies will 

17 designate an appropriate staff person, who 

18 may also be a coordinator for other Federal 

19 programs, as a local educational agency li20 aison for homeless children and youths, to 

21 carry out the duties described in paragraph 

22 (6)(A). 

23 ‘‘(iii) The State and its local edu24 cational agencies will adopt policies and 

25 practices to ensure that transportation is 


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1 provided, at the request of the parent or 

2 guardian (or in the case of an unaccom3 panied youth, the liaison), to and from the 

4 school of origin, as determined in para5 graph (3)(A), in accordance with the fol6 lowing, as applicable: 

7 ‘‘(I) If the child or youth con8 tinues to live in the area served by the 

9 local educational agency in which the 

10 school of origin is located, the child’s or 

11 youth’s transportation to and from the 

12 school of origin shall be provided or ar13 ranged by the local educational agency 

14 in which the school of origin is located. 

15 ‘‘(II) If the child’s or youth’s liv16 ing arrangements in the area served by 

17 the local educational agency of origin 

18 terminate and the child or youth, 

19 though continuing his or her education 

20 in the school of origin, begins living in 

21 an area served by another local edu22 cational agency, the local educational 

23 agency of origin and the local edu24 cational agency in which the child or 

25 youth is living shall agree upon a 


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1 method to apportion the responsibility 

2 and costs for providing the child with 

3 transportation to and from the school 

4 of origin. If the local educational agen5 cies are unable to agree upon such 

6 method, the responsibility and costs for 

7 transportation shall be shared equally. 

8 ‘‘(2) COMPLIANCE.— 

9 ‘‘(A) IN GENERAL.—Each plan adopted 

10 under this subsection shall also describe how the 

11 State will ensure that local educational agencies 

12 in the State will comply with the requirements 

13 of paragraphs (3) through (7). 

14 ‘‘(B) COORDINATION.—Such plan shall in15 dicate what technical assistance the State will 

16 furnish to local educational agencies and how 

17 compliance efforts will be coordinated with the 

18 local educational agency liaisons designated 

19 under paragraph (1)(J)(ii). 

20 ‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE21 MENTS.— 

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

23 agency serving each child or youth to be assisted 

24 under this subtitle shall, according to the child’s 

25 or youth’s best interest— 


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1 ‘‘(i) continue the child’s or youth’s edu2 cation in the school of origin for the dura3 tion of homelessness— 

4 ‘‘(I) in any case in which a fam5 ily becomes homeless between academic 

6 years or during an academic year; or 

7 ‘‘(II) for the remainder of the aca8 demic year, if the child or youth be9 comes permanently housed during an 

10 academic year; or 

11 ‘‘(ii) enroll the child or youth in any 

12 public school that nonhomeless students who 

13 live in the attendance area in which the 

14 child or youth is actually living are eligible 

15 to attend. 

16 ‘‘(B) SCHOOL STABILITY.—In determining 

17 the best interest of the child or youth under sub18 paragraph (A), the local educational agency 

19 shall— 

20 ‘‘(i) presume that keeping the child or 

21 youth in the school of origin is in the child 

22 or youth’s best interest, except when doing 

23 so is contrary to the wishes of the child’s or 

24 youth’s parent or guardian, or the unac25 companied youth; 


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1 ‘‘(ii) consider student-centered factors 

2 related to the child’s or youth’s best interest, 

3 including factors related to the impact of 

4 mobility on achievement, education, health, 

5 and safety of homeless children and youth, 

6 giving priority to the wishes of the homeless 

7 child’s or youth’s parent of guardian or the 

8 unaccompanied youth involved; 

9 ‘‘(iii) if, after conducting the best in10 terest determination based on consideration 

11 of the presumption in clause (i) and the 

12 student-centered factors in clause (ii), the 

13 local educational agency determines that it 

14 is not in the child’s or youth’s best interest 

15 to attend the school of origin or the school 

16 requested by the parent, guardian, or unac17 companied youth, provide the child’s or 

18 youth’s parent or guardian or the unaccom19 panied youth with a written explanation of 

20 the reasons for its determination, in a man21 ner and form understandable to such par22 ent, guardian, or unaccompanied youth, in23 cluding information regarding the right to 

24 appeal under subparagraph (E); and 


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1 ‘‘(iv) in the case of an unaccompanied 

2 youth, ensure that the homeless liaison des3 ignated under paragraph (1)(J)(ii) assists 

4 in placement or enrollment decisions under 

5 this subparagraph, gives priority to the 

6 views of such unaccompanied youth, and 

7 provides notice to such youth of the right to 

8 appeal under subparagraph (E). 

9 ‘‘(C) ENROLLMENT.— 

10 ‘‘(i) IN GENERAL.—The school selected 

11 in accordance with this paragraph shall im12 mediately enroll the homeless child or youth, 

13 even if the child or youth— 

14 ‘‘(I) is unable to produce records 

15 normally required for enrollment, such 

16 as previous academic records, records 

17 of immunization and other required 

18 health records, proof of residency, or 

19 other documentation; or 

20 ‘‘(II) has missed application or 

21 enrollment deadlines during any pe22 riod of homelessness. 

23 ‘‘(ii) RELEVANT ACADEMIC

24 RECORDS.—The enrolling school shall im25 mediately contact the school last attended 


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1 by the child or youth to obtain relevant aca2 demic and other records. 

3 ‘‘(iii) RELEVANT HEALTH RECORDS.— 

4 If the child or youth needs to obtain immu5 nizations or other required health records, 

6 the enrolling school shall immediately refer 

7 the parent or guardian of the child or 

8 youth, or the unaccompanied child or youth, 

9 to the local educational agency liaison des10 ignated under paragraph (1)(J)(ii), who 

11 shall assist in obtaining necessary immuni12 zations or screenings, or immunization or 

13 other required health records, in accordance 

14 with subparagraph (D). 

15 ‘‘(D) RECORDS.—Any record ordinarily 

16 kept by the school, including immunization or 

17 other required health records, academic records, 

18 birth certificates, guardianship records, and 

19 evaluations for special services or programs, re20 garding each homeless child or youth shall be 

21 maintained— 

22 ‘‘(i) so that the records involved are 

23 available, in a timely fashion, when a child 

24 or youth enters a new school or school dis25 trict; and 


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1 ‘‘(ii) in a manner consistent with sec2 tion 444 of the General Education Provi3 sions Act (20 U.S.C. 1232g). 

4 ‘‘(E) ENROLLMENT DISPUTES.—If a dispute 

5 arises over school selection or enrollment in a 

6 school— 

7 ‘‘(i) the child or youth shall be imme8 diately enrolled in the school in which en9 rollment is sought, pending final resolution 

10 of the dispute, including all available ap11 peals; 

12 ‘‘(ii) the parent, guardian, or unac13 companied youth shall be provided with a 

14 written explanation of any decisions made 

15 by the school, the local educational agency, 

16 or the State educational agency involved, 

17 including the rights of the parent, guardian, 

18 or youth to appeal such decisions; 

19 ‘‘(iii) the parent, guardian, or unac20 companied youth shall be referred to the 

21 local educational agency liaison designated 

22 under paragraph (1)(J)(ii), who shall carry 

23 out the dispute resolution process as de24 scribed in paragraph (1)(C) as expediVerDate Mar 15 2010 20:33 Jul 11, 2013 Jkt 029200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6203 E:\BILLS\H5.RH H5

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1 tiously as possible after receiving notice of 

2 the dispute; and 

3 ‘‘(iv) in the case of an unaccompanied 

4 youth, the liaison shall ensure that the 

5 youth is immediately enrolled in school in 

6 which the youth seeks enrollment pending 

7 resolution of such dispute. 

8 ‘‘(F) PLACEMENT CHOICE.—The choice re9 garding placement shall be made regardless of 

10 whether the child or youth lives with the home11 less parents or has been temporarily placed else12 where. 

13 ‘‘(G) SCHOOL OF ORIGIN DEFINED.— 

14 ‘‘(i) IN GENERAL.—In this paragraph, 

15 the term ‘school of origin’ means the school 

16 that a child or youth attended when perma17 nently housed or the school in which the 

18 child or youth was last enrolled. 

19 ‘‘(ii) RECEIVING SCHOOL.—When the 

20 child or youth completes the final grade 

21 level served by the school of origin, as de22 scribed in clause (i), the term ‘‘school of ori23 gin’’ shall include the designated receiving 

24 school at the next grade level for all feeder 

25 schools. 


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1 ‘‘(H) CONTACT INFORMATION.—Nothing in 

2 this subtitle shall prohibit a local educational 

3 agency from requiring a parent or guardian of 

4 a homeless child to submit contact information. 

5 ‘‘(I) PRIVACY.—Information about a home6 less child’s or youth’s living situation shall be 

7 treated as a student education record under sec8 tion 444 of the General Education Provisions 

9 Act (20 U.S.C. 1232g) and shall not be released 

10 to housing providers, employers, law enforcement 

11 personnel, or other persons or agencies not au12 thorized to have such information under section 

13 99.31 of title 34, Code of Federal Regulations. 

14 ‘‘(J) ACADEMIC ACHIEVEMENT.—The school 

15 selected in accordance with this paragraph shall 

16 ensure that homeless children and youth have op17 portunities to meet the same State academic 

18 standards to which other students are held. 

19 ‘‘(4) COMPARABLE SERVICES.—Each homeless 

20 child or youth to be assisted under this subtitle shall 

21 be provided services comparable to services offered to 

22 other students in the school selected under paragraph 

23 (3), including the following: 

24 ‘‘(A) Transportation services. 


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1 ‘‘(B) Educational services for which the 

2 child or youth meets the eligibility criteria, such 

3 as services provided under title I of the Elemen4 tary and Secondary Education Act of 1965 (20 

5 U.S.C. 6301 et seq.) or similar State or local 

6 programs, educational programs for children 

7 with disabilities, and educational programs for 

8 English learners. 

9 ‘‘(C) Programs in career and technical edu10 cation. 

11 ‘‘(D) Programs for gifted and talented stu12 dents. 

13 ‘‘(E) School nutrition programs. 

14 ‘‘(5) COORDINATION.— 

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

16 agency serving homeless children and youths that 

17 receives assistance under this subtitle shall co18 ordinate— 

19 ‘‘(i) the provision of services under this 

20 subtitle with local social services agencies 

21 and other agencies or entities providing 

22 services to homeless children and youths and 

23 their families, including services and pro24 grams funded under the Runaway and 


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1 Homeless Youth Act (42 U.S.C. 5701 et 

2 seq.); and 

3 ‘‘(ii) transportation, transfer of school 

4 records, and other interdistrict activities, 

5 with other local educational agencies. 

6 ‘‘(B) HOUSING ASSISTANCE.—If applicable, 

7 each State educational agency and local edu8 cational agency that receives assistance under 

9 this subtitle shall coordinate with State and local 

10 housing agencies responsible for developing the 

11 comprehensive housing affordability strategy de12 scribed in section 105 of the Cranston-Gonzalez 

13 National Affordable Housing Act (42 U.S.C. 

14 12705) to minimize educational disruption for 

15 children and youths who become homeless. 

16 ‘‘(C) COORDINATION PURPOSE.—The coordi17 nation required under subparagraphs (A) and 

18 (B) shall be designed to— 

19 ‘‘(i) ensure that all homeless children 

20 and youths are promptly identified; 

21 ‘‘(ii) ensure that homeless children and 

22 youths have access to, and are in reasonable 

23 proximity to, available education and re24 lated support services; and 


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1 ‘‘(iii) raise the awareness of school per2 sonnel and service providers of the effects of 

3 short-term stays in a shelter and other chal4 lenges associated with homelessness. 

5 ‘‘(D) HOMELESS CHILDREN AND YOUTHS

6 WITH DISABILITIES.—For children and youth 

7 who are to be assisted both under this subtitle, 

8 and under the Individuals with Disabilities 

9 Education Act (20 U.S.C. 1400 et seq.) or section 

10 504 of the Rehabilitation Act of 1973 (29 U.S.C. 

11 794), each local educational agency shall coordi12 nate the provision of services under this subtitle 

13 with the provision of programs for children with 

14 disabilities served by that local educational agen15 cy and other involved local educational agencies. 

16 ‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 

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

18 agency liaison for homeless children and youths, 

19 designated under paragraph (1)(J)(ii), shall en20 sure that— 

21 ‘‘(i) homeless children and youths are 

22 identified by school personnel through out23 reach and coordination activities with other 

24 entities and agencies; 


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1 ‘‘(ii) homeless children and youths are 

2 enrolled in, and have a full and equal op3 portunity to succeed in, schools of that local 

4 educational agency; 

5 ‘‘(iii) homeless families, children, and 

6 youths have access to and receive edu7 cational services for which such families, 

8 children, and youths are eligible, including 

9 services through Head Start, Early Head 

10 Start, early intervention, and preschool pro11 grams administered by the local educational 

12 agency; 

13 ‘‘(iv) homeless families, children, and 

14 youths receive referrals to health care serv15 ices, dental services, mental health and sub16 stances abuse services, housing services, and 

17 other appropriate services; 

18 ‘‘(v) the parents or guardians of home19 less children and youths are informed of the 

20 educational and related opportunities avail21 able to their children and are provided with 

22 meaningful opportunities to participate in 

23 the education of their children; 

24 ‘‘(vi) public notice of the educational 

25 rights of homeless children and youths is 


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1 disseminated in locations frequented by par2 ents or guardians of such children and 

3 youths, and unaccompanied youths, includ4 ing schools, shelters, public libraries, and 

5 soup kitchens in a manner and form under6 standable to the parents and guardians of 

7 homeless children and youths, and unac8 companied youths; 

9 ‘‘(vii) enrollment disputes are mediated 

10 in accordance with paragraph (3)(E); 

11 ‘‘(viii) the parent or guardian of a 

12 homeless child or youth, and any unaccom13 panied youth, is fully informed of all trans14 portation services, including transportation 

15 to the school of origin, as described in para16 graph (1)(J)(iii), and is assisted in access17 ing transportation to the school that is se18 lected under paragraph (3)(A); 

19 ‘‘(ix) school personnel providing serv20 ices under this subtitle receive professional 

21 development and other support; and 

22 ‘‘(x) unaccompanied youths— 

23 ‘‘(I) are enrolled in school; 

24 ‘‘(II) have opportunities to meet 

25 the same State academic standards to 


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1 which other students are held, includ2 ing through implementation of the 

3 policies and practices required by 

4 paragraph (1)(F)(ii); and 

5 ‘‘(III) are informed of their status 

6 as independent students under section 

7 480 of the Higher Education Act of 

8 1965 (20 U.S.C. 1087vv) and receive 

9 verification of such status for purposes 

10 of the Free Application for Federal 

11 Student Aid described in section 483 of 

12 such Act (20 U.S.C. 1090). 

13 ‘‘(B) NOTICE.—State coordinators estab14 lished under subsection (d)(3) and local edu15 cational agencies shall inform school personnel, 

16 service providers, advocates working with home17 less families, parents and guardians of homeless 

18 children and youths, and homeless children and 

19 youths of the duties of the local educational agen20 cy liaisons, including publishing an annually 

21 updated list of the liaisons on the State edu22 cational agency’s website. 

23 ‘‘(C) LOCAL AND STATE COORDINATION.— 

24 Local educational agency liaisons for homeless 

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1 ties, coordinate and collaborate with State coor2 dinators and community and school personnel 

3 responsible for the provision of education and re4 lated services to homeless children and youths. 

5 Such coordination shall include collecting and 

6 providing to the State Coordinator the reliable, 

7 valid, and comprehensive data needed to meet 

8 the requirements of paragraphs (1) and (3) of 

9 subsection (f). 

10 ‘‘(7) REVIEW AND REVISIONS.— 

11 ‘‘(A) IN GENERAL.—Each State educational 

12 agency and local educational agency that re13 ceives assistance under this subtitle shall review 

14 and revise any policies that may act as barriers 

15 to the enrollment of homeless children and youths 

16 in schools that are selected under paragraph (3). 

17 ‘‘(B) CONSIDERATION.—In reviewing and 

18 revising such policies, consideration shall be 

19 given to issues concerning transportation, immu20 nization, residency, birth certificates, school 

21 records and other documentation, and guardian22 ship. 

23 ‘‘(C) SPECIAL ATTENTION.—Special atten24 tion shall be given to ensuring the enrollment 


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1 and attendance of homeless children and youths 

2 who are not currently attending school.’’; 

3 (8) in subsection (h)(1)(A), by striking ‘‘fiscal 

4 year 2009,’’ and inserting ‘‘fiscal years 2014 through 

5 2019,’’; and 

6 (9) in subsection (h)(4), by striking ‘‘fiscal year 

7 2009’’ and inserting ‘‘fiscal years 2014 through 

8 2019’’. 

9 SEC. 703. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 

10 THE EDUCATION OF HOMELESS CHILDREN 

11 AND YOUTHS. 

12 Section 723 of such Act (42 U.S.C. 11433) is amend13 ed— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1), by striking ‘‘facili16 tating the enrollment,’’ and inserting ‘‘facili17 tating the identification, enrollment,’’; 

18 (B) in paragraph (2)(A)— 

19 (i) by adding ‘‘and’’ at the end of 

20 clause (i); 

21 (ii) by striking ‘‘; and’’ and inserting 

22 a period at the end of clause (ii); and 

23 (iii) by striking clause (iii); and 

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


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1 ‘‘(4) DURATION OF GRANTS.—Subgrants award2 ed under this section shall be for terms of not to ex3 ceed 3 years.’’; 

4 (2) in subsection (b)— 

5 (A) by striking paragraph (3) and redesig6 nating paragraphs (4) and (5) as paragraphs 

7 (3) and (4), respectively; and 

8 (B) by adding at the end the following: 

9 ‘‘(5) An assurance that the local educational 

10 agency will collect and promptly provide data re11 quested by the State Coordinator pursuant to para12 graphs (1) and (3) of section 722(f). 

13 ‘‘(6) An assurance that the local educational 

14 agency has removed barriers to complying with the 

15 requirements of section 722(g)(1)(I).’’; 

16 (3) in subsection (c)— 

17 (A) in paragraph (1), by striking ‘‘726’’ 

18 and inserting ‘‘722(a)’’; 

19 (B) in paragraph (2)— 

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

21 ‘‘identification,’’ before ‘‘enrollment’’; 

22 (ii) by amending subparagraph (B) to 

23 read as follows: 

24 ‘‘(B) The extent to which the application re25 flects coordination with other local and State 


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1 agencies that serve homeless children and 

2 youths.’’; and 

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

4 ‘‘(as of the date of submission of the appli5 cation)’’ after ‘‘current practice’’; 

6 (C) in paragraph (3)— 

7 (i) by amending subparagraph (C) to 

8 read as follows: 

9 ‘‘(C) The extent to which the applicant will 

10 promote meaningful involvement of parents or 

11 guardians of homeless children or youths in the 

12 education of their children.’’; 

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

14 ‘‘within’’ and inserting ‘‘into’’; 

15 (iii) in subparagraph (G)— 

16 (I) by striking ‘‘Such’’ and insert17 ing ‘‘The extent to which the appli18 cant’s program meets such’’; and 

19 (II) by striking ‘‘case manage20 ment or related’’; 

21 (iv) by redesignating subparagraph 

22 (G) as subparagraph (I) and inserting after 

23 subparagraph (F) the following: 

24 ‘‘(G) The extent to which the local edu25 cational agency will use the subgrant to leverage 


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1 resources, including by maximizing nonsubgrant 

2 funding for the position of the liaison described 

3 in section 722(g)(1)(J)(ii) and the provision of 

4 transportation. 

5 ‘‘(H) How the local educational agency uses 

6 funds to serve homeless children and youths 

7 under section 1113(c)(3) of the Elementary and 

8 Secondary Education Act of 1965 (20 U.S.C. 

9 6313(c)(3)).’’; and 

10 (v) by adding at the end the following: 

11 ‘‘(J) An assurance that the applicant will 

12 meet the requirements of section 722(g)(3).’’; and 

13 (D) by striking paragraph (4). 

14 (4) in subsection (d)— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘challenging State aca17 demic content standards’’ and inserting 

18 ‘‘State academic standards’’; and 

19 (ii) by striking ‘‘and challenging State 

20 student academic achievement standards’’; 

21 (B) in paragraph (2)— 

22 (i) by striking ‘‘students with limited 

23 English proficiency,’’ and inserting 

24 ‘‘English learners,’’ ; and 


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1 (ii) by striking ‘‘vocational’’ and in2 serting ‘‘career’’; 

3 (C) in paragraph (3), by striking ‘‘pupil 

4 services’’ and inserting ‘‘specialized instructional 

5 support’’; 

6 (D) in paragraph (7), by striking ‘‘, and 

7 unaccompanied youths,’’ and inserting ‘‘, par8 ticularly homeless children and youths who are 

9 not enrolled in school,’’; 

10 (E) in paragraph (9) by striking ‘‘medical’’ 

11 and inserting ‘‘other required health’’; 

12 (F) in paragraph (10), by inserting before 

13 the period at the end ‘‘, and other activities de14 signed to increase the meaningful involvement of 

15 parents or guardians of homeless children or 

16 youths in the education of their children’’; 

17 (G) in paragraph (12), by striking ‘‘pupil’’ 

18 and inserting ‘‘specialized instructional sup19 port’’; and 

20 (H) in paragraph (13), by inserting before 

21 the period at the end ‘‘and parental mental 

22 health or substance abuse problems’’. 

23 SEC. 704. SECRETARIAL RESPONSIBILITIES. 

24 Section 724 of such Act (42 U.S.C. 11434) is amend25 ed— 


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1 (1) by amending subsection (c) to read as fol2 lows: 

3 ‘‘(c) NOTICE.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall, before 

5 the next school year that begins after the date of the 

6 enactment of the Student Success Act, update and dis7 seminate nationwide the public notice described in 

8 this subsection (as in effect prior to such date) of the 

9 educational rights of homeless children and youths. 

10 ‘‘(2) DISSEMINATION.—The Secretary shall dis11 seminate the notice nationally to all Federal agencies, 

12 program grantees, and grant recipients serving home13 less families, children, and youths.’’; 

14 (2) in subsection (d), by striking ‘‘and dissemi15 nation’’ and inserting ‘‘, dissemination, and technical 

16 assistance’’; 

17 (3) in subsection (e)— 

18 (A) by striking ‘‘applications for grants 

19 under this subtitle’’ and inserting ‘‘plans for the 

20 use of grant funds under section 722’’; 

21 (B) by striking ‘‘60-day’’ and inserting 

22 ‘‘120-day’’; and 

23 (C) by striking ‘‘120-day’’ and inserting 

24 ‘‘180-day’’; 


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1 (4) in subsection (f), by adding at the end the 

2 following: ‘‘The Secretary shall provide support and 

3 technical assistance to State educational agencies in 

4 areas in which barriers to a free appropriate public 

5 education persist.’’; 

6 (5) by amending subsection (g) to read as fol7 lows: 

8 ‘‘(g) GUIDELINES.—The Secretary shall develop, issue, 

9 and publish in the Federal Register, not later than 60 days 

10 after the date of the enactment of the Student Success Act, 

11 strategies by which a State— 

12 ‘‘(1) may assist local educational agencies to im13 plement the provisions amended by the Act; and 

14 ‘‘(2) can review and revise State policies and 

15 procedures that may present barriers to the identi16 fication, enrollment, attendance, and success of home17 less children and youths in school.’’; 

18 (6) in subsection (h)(1)(A), by inserting ‘‘in all 

19 areas served by local educational agencies’’ before the 

20 semicolon at the end; and 

21 (7) in subsection (i), by striking ‘‘McKinney22 Vento Homeless Education Assistance Improvements 

23 Act of 2001’’ and inserting ‘‘Student Success Act’’. 


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•HR 5 RH

1 SEC. 705. DEFINITIONS. 

2 Section 725 of such Act (42 U.S.C. 11434a) is amend3 ed— 

4 (1) in paragraph (2)(B)(iv), by striking ‘‘1309’’ 

5 and inserting ‘‘1139’’ and 

6 (2) in paragraph (3), by striking ‘‘9101’’ and in7 serting ‘‘5101’’ 

8 SEC. 706. AUTHORIZATION OF APPROPRIATIONS. 

9 Section 726 of such Act (42 U.S.C. 11435) is amended 

10 to read as follows: 

11 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘For the purpose of carrying out this subtitle, there 

13 are authorized to be appropriated $61,771,000 for each of 

14 fiscal years 2014 through 2019.’’. 


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Union Calendar No. 108 

113TH CONGRESS 

1ST SESSION H. R. 5 

[Report No. 113–150, Part I] 

A BILL 

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, inJULY 11, 2013 

Reported from the Committee on Education and the 

Workforce with an amendment 

JULY 11, 2013 

The Committee on Financial Services discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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