I 

113TH CONGRESS 

1ST SESSION H. R. 5 

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 

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. 

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’’. 


rfrederick on DSK4SPTVN1PROD with BILLS
2 

•HR 5 IH

1 SEC. 2. TABLE OF CONTENTS. 

2 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. 

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 


rfrederick on DSK4SPTVN1PROD with BILLS
3 

•HR 5 IH

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. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

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


rfrederick on DSK4SPTVN1PROD with BILLS
4 

•HR 5 IH

1 section or other provision of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 

3 SEC. 4. TRANSITION. 

4 Unless otherwise provided in this Act, any person or 

5 agency that was awarded a grant under the Elementary 

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

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

8 continue to receive funds in accordance with the terms of 

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

10 continue more than one year after the date of the enact11 ment of this Act. 

12 SEC. 5. EFFECTIVE DATES. 

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

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

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

16 (b) NONCOMPETITIVE PROGRAMS.—With respect to 

17 noncompetitive programs under which any funds are allot18 ted by the Secretary of Education to recipients on the 

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

20 by this Act, shall take effect on October 1, 2013. 

21 (c) COMPETITIVE PROGRAMS.—With respect to pro22 grams that are conducted by the Secretary on a competi23 tive basis, this Act, and the amendments made by this Act, 

24 shall take effect with respect to appropriations for use 

25 under those programs for fiscal year 2014. 


rfrederick on DSK4SPTVN1PROD with BILLS
5 

•HR 5 IH

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

2 (20 U.S.C. 7701 et seq.) (Impact Aid), this Act, and the 

3 amendments made by this Act, shall take effect with re4 spect to appropriations for use under that title for fiscal 

5 year 2014. 

6 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

7 The Act (20 U.S.C. 6301 et seq.) is amended by in8 serting after section 2 the following: 

9 ‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 

10 ‘‘(a) TITLE I.— 

11 ‘‘(1) PART A.—There are authorized to be ap12 propriated to carry out part A of title I 

13 $16,651,767,000 for each of fiscal years 2014 

14 through 2019. 

15 ‘‘(2) PART B.—There are authorized to be ap16 propriated to carry out part B of title I $3,028,000 

17 for each of fiscal years 2014 through 2019. 

18 ‘‘(b) TITLE II.—There are authorized to be appro19 priated to carry out title II $2,441,549,000 for each of 

20 fiscal years 2014 through 2019. 

21 ‘‘(c) TITLE III.— 

22 ‘‘(1) PART A.— 

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

24 be appropriated to carry out subpart 1 of part 


rfrederick on DSK4SPTVN1PROD with BILLS
6 

•HR 5 IH

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

2 years 2014 through 2019. 

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

4 be appropriated to carry out subpart 2 of part 

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

6 years 2014 through 2019. 

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

8 be appropriated to carry out subpart 3 of part 

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

10 years 2014 through 2019. 

11 ‘‘(2) PART B.—There are authorized to be ap12 propriated to carry out part B of title III 

13 $2,055,709,000 for each of fiscal years 2014 

14 through 2019. 

15 ‘‘(d) TITLE IV.— 

16 ‘‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF

17 REAL PROPERTY.—For the purpose of making pay18 ments under section 4002, there are authorized to 

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

20 2014 through 2019. 

21 ‘‘(2) BASIC PAYMENTS; PAYMENTS FOR HEAV22 ILY IMPACTED LOCAL EDUCATIONAL AGENCIES.— 

23 For the purpose of making payments under section 

24 4003(b), there are authorized to be appropriated 


rfrederick on DSK4SPTVN1PROD with BILLS
7 

•HR 5 IH

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

2 through 2019. 

3 ‘‘(3) PAYMENTS FOR CHILDREN WITH DISABIL4 ITIES.—For the purpose of making payments under 

5 section 4003(d), there are authorized to be appro6 priated $45,881,000 for each of fiscal years 2014 

7 through 2019. 

8 ‘‘(4) CONSTRUCTION.—For the purpose of car9 rying out section 4007, there are authorized to be 

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

11 2014 through 2019. 

12 ‘‘(5) FACILITIES MAINTENANCE.—For the pur13 pose of carrying out section 4008, there are author14 ized to be appropriated $4,591,000 for each of fiscal 

15 years 2014 through 2019.’’. 

16 TITLE I—AID TO LOCAL 

17 EDUCATIONAL AGENCIES 

18 Subtitle A—In General 

19 SEC. 101. TITLE HEADING. 

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

21 is amended to read as follows: 


rfrederick on DSK4SPTVN1PROD with BILLS
8 

•HR 5 IH

1 ‘‘TITLE I—AID TO LOCAL 

2 EDUCATIONAL AGENCIES’’. 

3 SEC. 102. STATEMENT OF PURPOSE. 

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

5 as follows: 

6 ‘‘SEC. 1001. STATEMENT OF PURPOSE. 

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

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

10 be accomplished by— 

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

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

15 or delinquent children; 

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

20 more advantaged peers; 

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

23 of their children; and 

24 ‘‘(4) challenging States and local educational 

25 agencies to embrace meaningful, evidence-based eduVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
9 

•HR 5 IH

1 cation reform, while encouraging state and local in2 novation.’’. 

3 SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS. 

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

5 as follows: 

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

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

8 STATE EDUCATIONAL AGENCIES.— 

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

10 and (d) and notwithstanding any other provision of 

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

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

15 ‘‘(A) Section 1003. 

16 ‘‘(B) Section 1004. 

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

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

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

20 ‘‘(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 

24 the Secretary of the State educational agency’s inVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
10 

•HR 5 IH

1 tention to use the applicable funding for any of the 

2 alternative 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. 


rfrederick on DSK4SPTVN1PROD with BILLS
11 

•HR 5 IH

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 agen23 cy shall notify the State educational agency of the 

24 local educational agency’s intention to use the appli25 cable funding for any of the alternative uses under 


rfrederick on DSK4SPTVN1PROD with BILLS
12 

•HR 5 IH

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

2 State 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 

13 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 local 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 en22 tities eligible to receive such funds; or 

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

24 monitoring. 


rfrederick on DSK4SPTVN1PROD with BILLS
13 

•HR 5 IH

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 alter9 native 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 

16 absence of this section, could have used funds for adminis17 trative 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 agen21 cy or local educational agency of any requirements relating 

22 to— 

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

24 supplant, non-Federal funds; 

25 ‘‘(2) comparability of services; 


rfrederick on DSK4SPTVN1PROD with BILLS
14 

•HR 5 IH

1 ‘‘(3) equitable participation of private school 

2 students 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 

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

16 (2) in subsection (b)(1), by striking ‘‘for schools 

17 identified for school improvement, corrective action, 

18 and restructuring, for activities under section 

19 1116(b)’’ and inserting ‘‘to carry out the State’s 

20 system of school improvement under section 

21 1111(b)(3)(B)(iii)’’; 

22 (3) in subsection (c)— 

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

24 at the end; 


rfrederick on DSK4SPTVN1PROD with BILLS
15 

•HR 5 IH

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

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

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

4 (C) by striking paragraph (3); 

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

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

7 of part A;’’; 

8 (5) in subsection (e)— 

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

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

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

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

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

18 with incomes below the poverty line’’; and 

19 (7) by striking subsection (g). 

20 SEC. 105. DIRECT STUDENT SERVICES. 

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

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

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

25 3 percent of the amount the State receives under chapter 


rfrederick on DSK4SPTVN1PROD with BILLS
16 

•HR 5 IH

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

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

4 direct student services. 

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

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

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

9 services. 

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

11 award grants to geographically diverse local educational 

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

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

16 prioritize awards to local educational agencies with the 

17 greatest number of low-performing schools. 

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

19 agency receiving an award under this section— 

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

21 outreach and communication to parents about their 

22 options and to register students for direct student 

23 services; 


rfrederick on DSK4SPTVN1PROD with BILLS
17 

•HR 5 IH

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

2 award for administrative costs related to direct stu3 dent services; and 

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

5 pay the transportation required to provide public 

6 school choice or the hourly rate for high-quality aca7 demic tutoring services, as determined by a provider 

8 on the State-approved list required under subsection 

9 (f)(2). 

10 ‘‘(e) APPLICATION.—A local educational agency de11 siring to receive an award under subsection (b) shall sub12 mit an application describing how the local educational 

13 agency will— 

14 ‘‘(1) provide adequate outreach to ensure par15 ents can exercise a meaningful choice of direct stu16 dent services for their child’s education; 

17 ‘‘(2) ensure parents have adequate time and in18 formation to make a meaningful choice prior to en19 rolling their child in a direct student service; 

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

21 public schools the local educational agency will make 

22 available for public school choice options; 

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

24 student eligibility for direct student services; 


rfrederick on DSK4SPTVN1PROD with BILLS
18 

•HR 5 IH

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 high11 quality academic tutoring which shall allow for an 

12 adequate level of services to increase academic 

13 achievement from a variety of high-quality academic 

14 tutoring 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 

25 number of high-quality academic tutoring options to 


rfrederick on DSK4SPTVN1PROD with BILLS
19 

•HR 5 IH

1 ensure parents have a meaningful choice of serv2 ices.’’. 

3 SEC. 106. STATE ADMINISTRATION. 

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

5 as 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 

14 outlying area). 

15 ‘‘(b) EXCEPTION.—If the sum of the amounts re16 served under subparts 1, 2, and 3 of part A of this title 

17 is equal to or greater than $14,000,000,000, then the res18 ervation described in subsection (a)(1) shall not exceed 1 

19 percent of the amount the State would receive if 

20 $14,000,000,000 were allocated among the States for sub21 parts 1, 2, and 3 of part A of this title.’’. 


rfrederick on DSK4SPTVN1PROD with BILLS
20 

•HR 5 IH

1 Subtitle B—Improving the Aca2 demic Achievement of the Dis3 advantaged 

4 SEC. 111. PART A HEADINGS. 

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

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

7 as follows: 

8 ‘‘PART A—IMPROVING THE ACADEMIC 

9 ACHIEVEMENT OF THE DISADVANTAGED’’. 

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

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

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

13 ‘‘Subpart 1—Improving Basic Programs Operated by 

14 Local Educational Agencies 

15 ‘‘CHAPTER A—BASIC PROGRAM 

16 REQUIREMENTS’’. 

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

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

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

20 ‘‘CHAPTER B—ALLOCATIONS’’. 

21 SEC. 112. STATE PLANS. 

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

23 as follows: 

24 ‘‘SEC. 1111. STATE PLANS. 

25 ‘‘(a) PLANS REQUIRED.— 


rfrederick on DSK4SPTVN1PROD with BILLS
21 

•HR 5 IH

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

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

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

6 school leaders, specialized instructional support per7 sonnel, other appropriate school personnel, and par8 ents, that satisfies the requirements of this section 

9 and that is coordinated with other programs under 

10 this Act, the Individuals with Disabilities Education 

11 Act, the Carl D. Perkins Career and Technical Edu12 cation Act of 2006, the Head Start Act, the Adult 

13 Education and Family Literacy Act, and the McKin14 ney-Vento Homeless Assistance Act. 

15 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub16 mitted under paragraph (1) may be submitted as 

17 part of a consolidated plan under section 5302. 

18 ‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESS19 MENTS, AND STATE ACCOUNTABILITY.— 

20 ‘‘(1) ACADEMIC STANDARDS.— 

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

22 demonstrate that the State has adopted aca23 demic content standards and academic achieve24 ment standards aligned with such content 


rfrederick on DSK4SPTVN1PROD with BILLS
22 

•HR 5 IH

1 standards that comply with the requirements of 

2 this paragraph. 

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

4 such academic standards for mathematics, read5 ing or language arts, and science, and may have 

6 such standards for any other subject deter7 mined by 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 ACHIEVE18 MENT STANDARDS.—Notwithstanding any other 

19 provision of this paragraph, a State may, 

20 through a documented and validated standards21 setting process, adopt alternate academic 

22 achievement standards for students with the 

23 most significant cognitive disabilities, if— 

24 ‘‘(i) the determination about whether 

25 the achievement of an individual student 


rfrederick on DSK4SPTVN1PROD with BILLS
23 

•HR 5 IH

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 gen8 eral 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, 

19 and 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, 


rfrederick on DSK4SPTVN1PROD with BILLS
24 

•HR 5 IH

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 

5 discretion, the State plan may also demonstrate 

6 that the State has implemented such assess7 ments 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 assess17 ments used to measure the academic 

18 achievement of all public school students in 

19 the State; 

20 ‘‘(iii) be aligned with the State’s aca21 demic standards and provide coherent and 

22 timely information about student attain23 ment of such standards; 

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

25 such assessments are valid and reliable, be 


rfrederick on DSK4SPTVN1PROD with BILLS
25 

•HR 5 IH

1 of adequate technical quality for each pur2 pose required under this Act, and be con3 sistent with relevant, nationally recognized 

4 professional and technical standards; 

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

6 and reading or language arts, be adminis7 tered in each of grades 3 through 8 and at 

8 least once in grades 9 through 12; 

9 ‘‘(II) in the case of science, be admin10 istered not less than one time during— 

11 ‘‘(aa) grades 3 through 5; 

12 ‘‘(bb) grades 6 through 9; and 

13 ‘‘(cc) grades 10 through 12; and 

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

15 chosen by the State, be administered at the 

16 discretion of the State; 

17 ‘‘(vi) measure individual student aca18 demic proficiency and growth; 

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

20 ‘‘(I) be administered through a 

21 single annual summative assessment; 

22 or 

23 ‘‘(II) be administered through 

24 multiple assessments during the 

25 course of the academic year that reVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
26 

•HR 5 IH

1 sult in a single summative score that 

2 provides valid, reliable, and trans3 parent information on student 

4 achievement; 

5 ‘‘(viii) include measures that assess 

6 higher-order thinking skills and under7 standing; 

8 ‘‘(ix) provide for— 

9 ‘‘(I) the participation in such as10 sessments of all students; 

11 ‘‘(II) the reasonable adaptations 

12 and accommodations for students with 

13 disabilities necessary to measure the 

14 academic achievement of such stu15 dents relative to the State’s academic 

16 standards; and 

17 ‘‘(III) the inclusion of English 

18 learners, who shall be assessed in a 

19 valid and reliable manner and pro20 vided reasonable accommodations, in21 cluding, to the extent practicable, as22 sessments in the language and form 

23 most likely to yield accurate and reli24 able information on what such stu25 dents know and can do in academic 


rfrederick on DSK4SPTVN1PROD with BILLS
27 

•HR 5 IH

1 content areas, until such students 

2 have achieved English language pro3 ficiency, as assessed by the State 

4 under subparagraph (D); 

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

6 provide for the assessment of reading or 

7 language arts in English for English learn8 ers who have attended school in the United 

9 States (not including Puerto Rico) for 3 or 

10 more consecutive school years, except that 

11 a local educational agency may, on a case12 by-case basis, provide for the assessment of 

13 reading or language arts for each such stu14 dent in a language other than English for 

15 a period not to exceed 2 additional con16 secutive years if the assessment would be 

17 more likely to yield accurate and reliable 

18 information on what such student knows 

19 and can do, provided that such student has 

20 not yet reached a level of English language 

21 proficiency sufficient to yield valid and reli22 able information on what such student 

23 knows and can do on reading or language 

24 arts assessments written in English; 


rfrederick on DSK4SPTVN1PROD with BILLS
28 

•HR 5 IH

1 ‘‘(xi) produce individual student inter2 pretive, descriptive, and diagnostic reports 

3 regarding achievement on such assess4 ments that allow parents, teachers, and 

5 school leaders to understand and address 

6 the specific academic needs of students, 

7 and that are provided to parents, teachers, 

8 and school leaders, as soon as is prac9 ticable after the assessment is given, in an 

10 understandable and uniform format, and 

11 to the extent practicable, in a language 

12 that parents can understand; 

13 ‘‘(xii) enable results to be 

14 disaggregated within each State, local edu15 cational agency, and school by gender, by 

16 each major racial and ethnic group, by 

17 English language proficiency status, by mi18 grant status, by status as a student with 

19 a disability, and by economically disadvan20 taged status, except that, in the case of a 

21 local educational agency or a school, such 

22 disaggregation shall not be required in a 

23 case in which the number of students in a 

24 category is insufficient to yield statistically 

25 reliable information or the results would 


rfrederick on DSK4SPTVN1PROD with BILLS
29 

•HR 5 IH

1 reveal personally identifiable information 

2 about an individual student; and 

3 ‘‘(xiii) be administered to not less 

4 than 95 percent of all students, and not 

5 less than 95 percent of each subgroup of 

6 students described in paragraph 

7 (3)(B)(ii)(II). 

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

9 may provide for alternate assessments aligned 

10 with the alternate academic standards adopted 

11 in accordance with paragraph (1)(D), for stu12 dents with the most significant cognitive dis13 abilities, if the State— 

14 ‘‘(i) establishes and monitors imple15 mentation of clear and appropriate guide16 lines for individualized education program 

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

18 of the Individuals with Disabilities Edu19 cation Act) to apply when determining 

20 when a child’s significant cognitive dis21 ability justifies assessment based on alter22 nate achievement standards; 

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

24 students are informed that— 


rfrederick on DSK4SPTVN1PROD with BILLS
30 

•HR 5 IH

1 ‘‘(I) their child’s academic 

2 achievement will be measured against 

3 such alternate standards; and 

4 ‘‘(II) whether participation in 

5 such assessments precludes the stu6 dent from completing the require7 ments for a regular high school di8 ploma; 

9 ‘‘(iii) demonstrates that such students 

10 are, to the extent practicable, included in 

11 the general curriculum and that such alter12 nate assessments are aligned with such 

13 curriculum; 

14 ‘‘(iv) develops, disseminates informa15 tion about, and promotes the use of appro16 priate accommodations to increase the 

17 number of students with disabilities who 

18 are tested against academic achievement 

19 standards for the grade in which a student 

20 is enrolled; and 

21 ‘‘(v) ensures that regular and special 

22 education teachers and other appropriate 

23 staff know how to administer the alternate 

24 assessments, including making appropriate 


rfrederick on DSK4SPTVN1PROD with BILLS
31 

•HR 5 IH

1 use of accommodations for students with 

2 disabilities. 

3 ‘‘(D) ASSESSMENTS OF ENGLISH LAN4 GUAGE PROFICIENCY.— 

5 ‘‘(i) IN GENERAL.—Each State plan 

6 shall demonstrate that local educational 

7 agencies in the State will provide for an 

8 annual assessment of English proficiency 

9 of all English learners in the schools 

10 served by the State educational agency. 

11 ‘‘(ii) ALIGNMENT.—The assessments 

12 described in clause (i) shall be aligned with 

13 the State’s English language proficiency 

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

15 ‘‘(E) LANGUAGE ASSESSMENTS.—Each 

16 State plan shall identify the languages other 

17 than English that are present in the partici18 pating student population and indicate the lan19 guages for which yearly student academic as20 sessments are not available and are needed. 

21 The State shall make every effort to develop 

22 such assessments and may request assistance 

23 from the Secretary if linguistically accessible 

24 academic assessment measures are needed. 

25 Upon request, the Secretary shall assist with 


rfrederick on DSK4SPTVN1PROD with BILLS
32 

•HR 5 IH

1 the identification of appropriate academic as2 sessment measures in the needed languages, but 

3 shall not mandate a specific academic assess4 ment or mode of instruction. 

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

6 may develop and administer computer adaptive 

7 assessments as the assessments required under 

8 subparagraph (A). If a State develops and ad9 ministers a computer adaptive assessment for 

10 such purposes, the assessment shall meet the 

11 requirements of this paragraph, except as fol12 lows: 

13 ‘‘(i) Notwithstanding subparagraph 

14 (B)(iii), the assessment— 

15 ‘‘(I) shall measure, at a min16 imum, each student’s academic pro17 ficiency against the State’s academic 

18 standards for the student’s grade level 

19 and growth toward such standards; 

20 and 

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

22 used to measure the student’s level of 

23 academic proficiency and growth 

24 using assessment items above or below 

25 the student’s grade level, including for 


rfrederick on DSK4SPTVN1PROD with BILLS
33 

•HR 5 IH

1 use as part of a State’s accountability 

2 system under paragraph (3). 

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

4 be interpreted to require that all students 

5 taking the computer adaptive assessment 

6 be administered the same assessment 

7 items. 

8 ‘‘(3) STATE ACCOUNTABILITY SYSTEMS.— 

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

10 demonstrate that the State has developed and is 

11 implementing a single, statewide accountability 

12 system to ensure that all public school students 

13 graduate from high school prepared for postsec14 ondary education or the workforce without the 

15 need for remediation. 

16 ‘‘(B) ELEMENTS.—Each State account17 ability system described in subparagraph (A) 

18 shall at a minimum— 

19 ‘‘(i) annually measure the academic 

20 achievement of all public school students in 

21 the State against the State’s mathematics 

22 and reading or language arts academic 

23 standards adopted under paragraph (1), 

24 which may include measures of student 

25 growth toward such standards, using the 


rfrederick on DSK4SPTVN1PROD with BILLS
34 

•HR 5 IH

1 mathematics and reading or language arts 

2 assessments described in paragraph (2)(B) 

3 and other valid and reliable academic indi4 cators related to student achievement as 

5 identified by the State; 

6 ‘‘(ii) annually evaluate and identify 

7 the academic performance of each public 

8 school in the State based on— 

9 ‘‘(I) student academic achieve10 ment as measured in accordance with 

11 clause (i); and 

12 ‘‘(II) the overall performance, 

13 and achievement gaps as compared to 

14 all students in the school, for eco15 nomically disadvantaged students, stu16 dents from major racial and ethnic 

17 groups, students with disabilities, and 

18 English learners, except that 

19 disaggregation of data under this sub20 clause shall not be required in a case 

21 in which the number of students in a 

22 category is insufficient to yield statis23 tically reliable information or the re24 sults would reveal personally identifiVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
35 

•HR 5 IH

1 able information about an individual 

2 student; and 

3 ‘‘(iii) include a system for school im4 provement for low-performing public 

5 schools receiving funds under this subpart 

6 that— 

7 ‘‘(I) implements interventions in 

8 such schools that are designed to ad9 dress such schools’ weaknesses; and 

10 ‘‘(II) is implemented by local 

11 educational agencies serving such 

12 schools. 

13 ‘‘(C) PROHIBITION.—Nothing in this sec14 tion shall be construed to permit the Secretary 

15 to establish any criteria that specifies, defines, 

16 or prescribes any aspect of a State’s account17 ability system developed and implemented in ac18 cordance with this paragraph. 

19 ‘‘(D) ACCOUNTABILITY FOR CHARTER

20 SCHOOLS.—The accountability provisions under 

21 this Act shall be overseen for charter schools in 

22 accordance with State charter school law. 

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

24 describe— 


rfrederick on DSK4SPTVN1PROD with BILLS
36 

•HR 5 IH

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

2 assist each local educational agency and each 

3 public school affected by the State plan to com4 ply with the requirements of this subpart, in5 cluding how the State educational agency will 

6 work with local educational agencies to provide 

7 technical assistance; and 

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

9 ensure that the results of the State assessments 

10 described in paragraph (2), the other indicators 

11 selected by the State under paragraph 

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

13 in paragraph (3)(B)(ii), will be promptly pro14 vided to local educational agencies, schools, 

15 teachers, and parents in a manner that is clear 

16 and easy to understand, but not later than be17 fore the beginning of the school year following 

18 the school year in which such assessments, 

19 other indicators, or evaluations are taken or 

20 completed. 

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

22 State plan shall describe the process by which the 

23 State will adopt and implement the State academic 

24 standards, assessments, and accountability system 


rfrederick on DSK4SPTVN1PROD with BILLS
37 

•HR 5 IH

1 required under this section within 2 years of enact2 ment of the Student Success Act. 

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

4 subpart shall prohibit a State from revising, con5 sistent with this section, any standard adopted 

6 under this section before or after the date of enact7 ment of the Student Success Act. 

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

9 section shall be construed to alter any State law or 

10 regulation granting parents authority over schools 

11 that repeatedly failed to make adequate yearly 

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

13 before the date of the enactment of the Student Suc14 cess Act. 

15 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING

16 AND LEARNING.—Each State plan shall contain assur17 ances that— 

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

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

20 of the academic standards, academic assessments, 

21 and State accountability system developed and im22 plemented under this section; 

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

24 academic assessments of 4th and 8th grade reading 

25 and mathematics under the National Assessment of 


rfrederick on DSK4SPTVN1PROD with BILLS
38 

•HR 5 IH

1 Educational Progress carried out under section 

2 303(b)(2) of the National Assessment of Edu3 cational Progress Authorization Act if the Secretary 

4 pays the costs of administering such assessments; 

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

6 local educational agencies and the public of the au7 thority to operate schoolwide programs; 

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

9 the least restrictive and burdensome regulations for 

10 local educational agencies and individual schools par11 ticipating in a program assisted under this subpart; 

12 ‘‘(5) the State educational agency will encour13 age schools to consolidate funds from other Federal, 

14 State, and local sources for schoolwide reform in 

15 schoolwide programs under section 1114; 

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

17 eliminate State fiscal and accounting barriers so 

18 that schools can easily consolidate funds from other 

19 Federal, State, and local sources for schoolwide pro20 grams under section 1114; and 

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

22 local educational agencies in the State of the local 

23 educational agency’s authority to transfer funds 

24 under section 1002 and to obtain waivers under sec25 tion 5401. 


rfrederick on DSK4SPTVN1PROD with BILLS
39 

•HR 5 IH

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

2 shall describe how the State educational agency will sup3 port the collection and dissemination to local educational 

4 agencies and schools of effective parental involvement 

5 practices. Such practices shall— 

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

7 meets the highest professional and technical stand8 ards on effective parental involvement that fosters 

9 achievement to high standards for all children; 

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

11 greater participation by parents in school planning, 

12 review, and improvement; and 

13 ‘‘(3) be coordinated with programs funded 

14 under subpart 3 of part A of title III. 

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

16 ‘‘(1) ESTABLISHMENT.—Notwithstanding sec17 tion 5543, the Secretary shall— 

18 ‘‘(A) establish a peer-review process to as19 sist in the review of State plans; and 

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

21 process who are representative of parents, 

22 teachers, State educational agencies, and local 

23 educational agencies, and who are familiar with 

24 educational standards, assessments, account25 ability, the needs of low-performing schools, and 


rfrederick on DSK4SPTVN1PROD with BILLS
40 

•HR 5 IH

1 other educational needs of students, and ensure 

2 that 75 percent of such appointees are practi3 tioners. 

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

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

6 of its submission; 

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

8 the Secretary demonstrates how the State plan 

9 fails to meet the requirements of this section 

10 and immediately notifies the State of such de11 termination and the reasons for such deter12 mination; 

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

14 before— 

15 ‘‘(i) offering the State an opportunity 

16 to revise its plan; 

17 ‘‘(ii) providing technical assistance in 

18 order to assist the State to meet the re19 quirements of this section; and 

20 ‘‘(iii) providing a hearing; and 

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

22 State plan for not meeting the requirements of 

23 this subpart, but shall not have the authority to 

24 require a State, as a condition of approval of 

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


rfrederick on DSK4SPTVN1PROD with BILLS
41 

•HR 5 IH

1 such plan one or more specific elements of the 

2 State’s academic standards or State account3 ability system, or to use specific academic as4 sessments or other indicators. 

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

6 revised by the State educational agency if it is nec7 essary to satisfy the requirements of this section. 

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

9 feedback, and notifications under this subsection 

10 shall be conducted in a manner that is immediately 

11 made available to the public through the website of 

12 the Department, including— 

13 ‘‘(A) peer review guidance; 

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

15 ‘‘(C) State plans submitted or resubmitted 

16 by a State, including the current approved 

17 plans; 

18 ‘‘(D) peer review notes; 

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

21 any deviations from the peer reviewers’ rec22 ommendations with an explanation of the devi23 ation; and 

24 ‘‘(F) hearings. 


rfrederick on DSK4SPTVN1PROD with BILLS
42 

•HR 5 IH

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

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

3 or influence, the peer review process. No Federal 

4 employee may participate in, or attempt to influence 

5 the peer review process, except to respond to ques6 tions of a technical nature, which shall be publicly 

7 reported. 

8 ‘‘(f) DURATION OF THE PLAN.— 

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

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

11 the State’s participation under this subpart; 

12 and 

13 ‘‘(B) be periodically reviewed and revised 

14 as necessary by the State educational agency to 

15 reflect changes in the State’s strategies and 

16 programs under this subpart. 

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

18 makes significant changes to its State plan, such as 

19 the adoption of new State academic standards or 

20 new academic assessments, or adopts a new State 

21 accountability system, such information shall be sub22 mitted to the Secretary under subsection (e)(2) for 

23 approval. 

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

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


rfrederick on DSK4SPTVN1PROD with BILLS
43 

•HR 5 IH

1 then the Secretary shall withhold funds for State adminis2 tration under this subpart until the Secretary determines 

3 that the State has fulfilled those requirements. 

4 ‘‘(h) REPORTS.— 

5 ‘‘(1) ANNUAL STATE REPORT CARD.— 

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

7 assistance under this subpart shall prepare and 

8 disseminate an annual State report card. Such 

9 dissemination shall include, at a minimum, pub10 licly posting the report card on the home page 

11 of the State educational agency’s website. 

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

13 card shall be— 

14 ‘‘(i) concise; and 

15 ‘‘(ii) presented in an understandable 

16 and uniform format that is developed in 

17 consultation with parents and, to the ex18 tent practicable, provided in a language 

19 that parents can understand. 

20 ‘‘(C) REQUIRED INFORMATION.—The 

21 State shall include in its annual State report 

22 card information on— 

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

24 the aggregate and disaggregated by the 

25 categories of students described in subVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
44 

•HR 5 IH

1 section (b)(2)(B)(xii) (except that such 

2 disaggregation shall not be required in a 

3 case in which the number of students in a 

4 category is insufficient to yield statistically 

5 reliable information or the results would 

6 reveal personally identifiable information 

7 about an individual student), on the State 

8 academic assessments described in sub9 section (b)(2); 

10 ‘‘(ii) the participation rate on such as11 sessments, in the aggregate and 

12 disaggregated in accordance with clause 

13 (i)); 

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

15 the aggregate and disaggregated in accord16 ance with clause (i), on other academic in17 dicators described in subsection 

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

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

20 the State, in the aggregate and 

21 disaggregated in accordance with clause 

22 (i)— 

23 ‘‘(I) the four-year adjusted co24 hort graduation rate, and 


rfrederick on DSK4SPTVN1PROD with BILLS
45 

•HR 5 IH

1 ‘‘(II) at the State’s discretion, 

2 the extended-year adjusted cohort 

3 graduation rate, calculated and re4 ported separately for students grad5 uating in 5 years or less, students 

6 graduating in 6 years or less, and stu7 dents graduating in 7 or more years; 

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

9 results as determined in accordance with 

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

11 ‘‘(vi) the acquisition of English pro12 ficiency by English learners; 

13 ‘‘(vii) the number and percentage of 

14 teachers in each category established under 

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

16 that such information shall not reveal per17 sonally identifiable information about an 

18 individual teacher; and 

19 ‘‘(viii) the results of the assessments 

20 described in subsection (c)(2). 

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

22 may include in its annual State report card 

23 such other information as the State believes will 

24 best provide parents, students, and other mem25 bers of the public with information regarding 


rfrederick on DSK4SPTVN1PROD with BILLS
46 

•HR 5 IH

1 the progress of each of the State’s public ele2 mentary schools and public secondary schools. 

3 ‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY

4 REPORT CARDS.— 

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

6 agency that receives assistance under this sub7 part shall prepare and disseminate an annual 

8 local educational agency report card. 

9 ‘‘(B) MINIMUM REQUIREMENTS.—The 

10 State educational agency shall ensure that each 

11 local educational agency collects appropriate 

12 data and includes in the local educational agen13 cy’s annual report the information described in 

14 paragraph (1)(C) as applied to the local edu15 cational agency and each school served by the 

16 local educational agency, and— 

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

18 agency, information that shows how stu19 dents served by the local educational agen20 cy achieved on the statewide academic as21 sessment and other academic indicators 

22 adopted in accordance with subsection 

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

24 State as a whole; and 


rfrederick on DSK4SPTVN1PROD with BILLS
47 

•HR 5 IH

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

2 school’s evaluation under subsection 

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

4 ‘‘(C) OTHER INFORMATION.—A local edu5 cational agency may include in its annual local 

6 educational agency report card any other appro7 priate information, whether or not such infor8 mation is included in the annual State report 

9 card. 

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

11 or school shall only include in its annual local 

12 educational agency report card data that are 

13 sufficient to yield statistically reliable informa14 tion, as determined by the State, and that do 

15 not reveal personally identifiable information 

16 about an individual student. 

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

18 educational agency shall publicly disseminate 

19 the information described in this paragraph to 

20 all schools served by the local educational agen21 cy and to all parents of students attending 

22 those schools in an understandable and uniform 

23 format, and, to the extent practicable, in a lan24 guage that parents can understand, and make 

25 the information widely available through public 


rfrederick on DSK4SPTVN1PROD with BILLS
48 

•HR 5 IH

1 means, such as posting on the Internet, dis2 tribution to the media, and distribution through 

3 public agencies, except that if a local edu4 cational agency issues a report card for all stu5 dents, the local educational agency may include 

6 the information under this section as part of 

7 such report. 

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

9 educational agency or local educational agency may 

10 use public report cards on the performance of stu11 dents, schools, local educational agencies, or the 

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

13 the Student Success Act for the purpose of this sub14 section, so long as any such report card is modified, 

15 as may be needed, to contain the information re16 quired by this subsection. 

17 ‘‘(4) PARENTS RIGHT-TO-KNOW.— 

18 ‘‘(A) ACHIEVEMENT INFORMATION.—At 

19 the beginning of each school year, a school that 

20 receives funds under this subpart shall provide 

21 to each individual parent information on the 

22 level of achievement of the parent’s child in 

23 each of the State academic assessments and 

24 other academic indicators adopted in accord25 ance with this subpart. 


rfrederick on DSK4SPTVN1PROD with BILLS
49 

•HR 5 IH

1 ‘‘(B) FORMAT.—The notice and informa2 tion provided to parents under this paragraph 

3 shall be in an understandable and uniform for4 mat and, to the extent practicable, provided in 

5 a language that the parents can understand. 

6 ‘‘(i) PRIVACY.—Information collected under this sec7 tion shall be collected and disseminated in a manner that 

8 protects the privacy of individuals consistent with section 

9 444 of the General Education Provisions Act. 

10 ‘‘(j) VOLUNTARY PARTNERSHIPS.—A State may 

11 enter into a voluntary partnership with another State to 

12 develop and implement the academic assessments and 

13 standards required under this section, except that the Sec14 retary shall not, either directly or indirectly, attempt to 

15 influence, incentivize, or coerce State participation in any 

16 such partnerships. 

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

18 construed to prescribe the use of the academic assess19 ments described in this part for student promotion or 

20 graduation purposes. 

21 ‘‘(l) SPECIAL RULE WITH RESPECT TO BUREAU22 FUNDED SCHOOLS.—In determining the assessments to 

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

24 of Indian Education receiving funds under this subpart, 

25 the following shall apply: 


rfrederick on DSK4SPTVN1PROD with BILLS
50 

•HR 5 IH

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

2 State in which it is operating shall use the assess3 ments and other academic indicators the State has 

4 developed and implemented to meet the require5 ments of this section, or such other appropriate as6 sessment and academic indicators as approved by 

7 the Secretary of the Interior. 

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

9 regional accrediting organization shall adopt an ap10 propriate assessment and other academic indicators, 

11 in consultation with and with the approval of, the 

12 Secretary of the Interior and consistent with assess13 ments and academic indicators adopted by other 

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

15 requirements of this section. 

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

17 tribal accrediting agency or tribal division of edu18 cation shall use an assessment and other academic 

19 indicators developed by such agency or division, ex20 cept that the Secretary of the Interior shall ensure 

21 that such assessment and academic indicators meet 

22 the requirements of this section.’’. 

23 SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS. 

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

25 as follows: 


rfrederick on DSK4SPTVN1PROD with BILLS
51 

•HR 5 IH

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

2 ‘‘(a) PLANS REQUIRED.— 

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

4 may receive a subgrant under this subpart for any 

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

6 State educational agency a plan, approved by the 

7 State educational agency, that is coordinated with 

8 other programs under this Act, the Individuals with 

9 Disabilities Education Act, the Carl D. Perkins Ca10 reer and Technical Education Act of 2006, the 

11 McKinney-Vento Homeless Assistance Act, and 

12 other Acts, as appropriate. 

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

14 may be submitted as part of a consolidated applica15 tion under section 5305. 

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

17 agency plan shall describe— 

18 ‘‘(1) how the local educational agency will mon19 itor, in addition to the State assessments described 

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

21 the State’s academic standards; 

22 ‘‘(2) how the local educational agency will iden23 tify quickly and effectively those students who may 

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

25 standards; 


rfrederick on DSK4SPTVN1PROD with BILLS
52 

•HR 5 IH

1 ‘‘(3) how the local educational agency will pro2 vide additional educational assistance to individual 

3 students in need of additional help in meeting the 

4 State’s academic standards; 

5 ‘‘(4) how the local educational agency will im6 plement the school improvement system described in 

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

8 schools identified under such section; 

9 ‘‘(5) how the local educational agency will co10 ordinate programs under this subpart with other 

11 programs under this Act and other Acts, as appro12 priate; 

13 ‘‘(6) the poverty criteria that will be used to se14 lect school attendance areas under section 1113; 

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

16 administrators, and specialized instructional support 

17 personnel, in targeted assistance schools under sec18 tion 1115, will identify the eligible children most in 

19 need of services under this subpart; 

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

21 be conducted by the local educational agency’s 

22 schools under sections 1114 and 1115, and, where 

23 appropriate, educational services outside such 

24 schools for children living in local institutions for ne25 glected and delinquent children, and for neglected 


rfrederick on DSK4SPTVN1PROD with BILLS
53 

•HR 5 IH

1 and delinquent children in community day school 

2 programs; 

3 ‘‘(9) how the local educational agency will en4 sure that migratory children who are eligible to re5 ceive services under this subpart are selected to re6 ceive such services on the same basis as other chil7 dren who are selected to receive services under this 

8 subpart; 

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

10 will provide homeless children, including services 

11 provided with funds reserved under section 

12 1113(c)(3)(A); 

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

14 will use to implement effective parental involvement 

15 under section 1118; 

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

17 agency will use funds under this subpart to support 

18 preschool programs for children, particularly chil19 dren participating in a Head Start program, which 

20 services may be provided directly by the local edu21 cational agency or through a subcontract with the 

22 local Head Start agency designated by the Secretary 

23 of Health and Human Services under section 641 of 

24 the Head Start Act, or another comparable early 

25 childhood development program; 


rfrederick on DSK4SPTVN1PROD with BILLS
54 

•HR 5 IH

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

2 incentives for voluntary transfers, the provision of 

3 professional development, recruitment programs, in4 centive pay, performance pay, or other effective 

5 strategies, will address disparities in the rates of 

6 low-income and minority students and other stu7 dents being taught by ineffective teachers; and 

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

9 agency will use funds under this subpart to support 

10 programs that coordinate and integrate— 

11 ‘‘(A) career and technical education 

12 aligned with State technical standards that pro13 mote skills attainment important to in-demand 

14 occupations or industries in the State and the 

15 State’s academic standards under section 

16 1111(b)(1); and 

17 ‘‘(B) work-based learning opportunities 

18 that provide students in-depth interaction with 

19 industry professionals. 

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

21 plan shall provide assurances that the local educational 

22 agency will— 

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

24 academic assessments of 4th and 8th grade reading 

25 and mathematics under the National Assessment of 


rfrederick on DSK4SPTVN1PROD with BILLS
55 

•HR 5 IH

1 Educational Progress carried out under section 

2 303(b)(2) of the National Assessment of Edu3 cational Progress Authorization Act; 

4 ‘‘(2) inform schools of schoolwide program au5 thority and the ability to consolidate funds from 

6 Federal, State, and local sources; 

7 ‘‘(3) provide technical assistance to schoolwide 

8 programs; 

9 ‘‘(4) provide services to eligible children attend10 ing private elementary and secondary schools in ac11 cordance with section 1120, and timely and mean12 ingful consultation with private school officials or 

13 representatives regarding such services; 

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

15 that chooses to use funds under this subpart to pro16 vide early childhood development services to low-in17 come children below the age of compulsory school at18 tendance, ensure that such services comply with the 

19 performance standards established under section 

20 641A(a) of the Head Start Act; 

21 ‘‘(6) inform eligible schools of the local edu22 cational agency’s authority to request waivers on the 

23 school’s behalf under Title V; and 

24 ‘‘(7) ensure that the results of the academic as25 sessments required under section 1111(b)(2) will be 


rfrederick on DSK4SPTVN1PROD with BILLS
56 

•HR 5 IH

1 provided to parents and teachers as soon as is prac2 ticably possible after the test is taken, in an under3 standable and uniform format and, to the extent 

4 practicable, provided in a language that the parents 

5 can understand. 

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

7 (c)(5), the Secretary shall— 

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

9 Human Services and shall establish procedures (tak10 ing into consideration existing State and local laws, 

11 and local teacher contracts) to assist local edu12 cational agencies to comply with such subparagraph; 

13 and 

14 ‘‘(2) disseminate to local educational agencies 

15 the education performance standards in effect under 

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

17 such agencies affected by such subsection shall plan 

18 for the implementation of such subsection (taking 

19 into consideration existing State and local laws, and 

20 local teacher contracts). 

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

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

23 agency plan shall be developed in consultation with 

24 teachers, school leaders, administrators, and other 


rfrederick on DSK4SPTVN1PROD with BILLS
57 

•HR 5 IH

1 appropriate school personnel, and with parents of 

2 children in schools served under this subpart. 

3 ‘‘(2) DURATION.—Each such plan shall be sub4 mitted for the first year for which this part is in ef5 fect following the date of enactment of this Act and 

6 shall remain in effect for the duration of the agen7 cy’s participation under this subpart. 

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

9 shall periodically review and, as necessary, revise its 

10 plan. 

11 ‘‘(f) STATE APPROVAL.— 

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

13 agency plan shall be filed according to a schedule es14 tablished by the State educational agency. 

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

16 shall approve a local educational agency’s plan only 

17 if the State educational agency determines that the 

18 local educational agency’s plan— 

19 ‘‘(A) enables schools served under this sub20 part to substantially help children served under 

21 this subpart to meet the State’s academic 

22 standards described in section 1111(b)(1); and 

23 ‘‘(B) meets the requirements of this sec24 tion. 


rfrederick on DSK4SPTVN1PROD with BILLS
58 

•HR 5 IH

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

2 shall review the local educational agency’s plan to 

3 determine if such agency’s activities are in accord4 ance with section 1118. 

5 ‘‘(g) PARENTAL NOTIFICATION.— 

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

7 agency using funds under this subpart and subpart 

8 4 to provide a language instruction educational pro9 gram shall, not later than 30 days after the begin10 ning of the school year, inform parents of an 

11 English learner identified for participation, or par12 ticipating in, such a program of— 

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

14 their child as an English learner and in need of 

15 placement in a language instruction educational 

16 program; 

17 ‘‘(B) the child’s level of English pro18 ficiency, how such level was assessed, and the 

19 status of the child’s academic achievement; 

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

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

22 participating, and the methods of instruction 

23 used in other available programs, including how 

24 such programs differ in content, instructional 


rfrederick on DSK4SPTVN1PROD with BILLS
59 

•HR 5 IH

1 goals, and the use of English and a native lan2 guage in instruction; 

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

4 is, or will be participating, will meet the edu5 cational strengths and needs of their child; 

6 ‘‘(E) how such program will specifically 

7 help their child learn English, and meet age-ap8 propriate academic achievement standards for 

9 grade promotion and graduation; 

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

11 program, including the expected rate of transi12 tion from such program into classrooms that 

13 are not tailored for English learners, and the 

14 expected rate of graduation from high school 

15 for such program if funds under this subpart 

16 are used for children in secondary schools; 

17 ‘‘(G) in the case of a child with a dis18 ability, how such program meets the objectives 

19 of the individualized education program of the 

20 child; and 

21 ‘‘(H) information pertaining to parental 

22 rights that includes written guidance— 

23 ‘‘(i) detailing— 

24 ‘‘(I) the right that parents have 

25 to have their child immediately reVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
60 

•HR 5 IH

1 moved from such program upon their 

2 request; and 

3 ‘‘(II) the options that parents 

4 have to decline to enroll their child in 

5 such program or to choose another 

6 program or method of instruction, if 

7 available; and 

8 ‘‘(ii) assisting parents in selecting 

9 among various programs and methods of 

10 instruction, if more than one program or 

11 method is offered by the eligible entity. 

12 ‘‘(2) NOTICE.—The notice and information pro13 vided in paragraph (1) to parents of a child identi14 fied for participation in a language instruction edu15 cational program for English learners shall be in an 

16 understandable and uniform format and, to the ex17 tent practicable, provided in a language that the 

18 parents can understand. 

19 ‘‘(3) SPECIAL RULE APPLICABLE DURING THE

20 SCHOOL YEAR.—For those children who have not 

21 been identified as English learners prior to the be22 ginning of the school year the local educational 

23 agency shall notify parents within the first 2 weeks 

24 of the child being placed in a language instruction 


rfrederick on DSK4SPTVN1PROD with BILLS
61 

•HR 5 IH

1 educational program consistent with paragraphs (1) 

2 and (2). 

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

4 educational agency receiving funds under this sub5 part shall implement an effective means of outreach 

6 to parents of English learners to inform the parents 

7 regarding how the parents can be involved in the 

8 education of their children, and be active partici9 pants in assisting their children to attain English 

10 proficiency, achieve at high levels in core academic 

11 subjects, and meet the State’s academic standards 

12 expected of all students, including holding, and send13 ing notice of opportunities for, regular meetings for 

14 the purpose of formulating and responding to rec15 ommendations from parents of students assisted 

16 under this subpart. 

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

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

19 any federally assisted education program on the 

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

21 SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

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

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

24 inserting ‘‘subpart’’; and 

25 (2) in subsection (c)(4)— 


rfrederick on DSK4SPTVN1PROD with BILLS
62 

•HR 5 IH

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

2 ‘‘chapter B’’; and 

3 (B) by striking ‘‘school improvement, cor4 rective action, and restructuring under section 

5 1116(b)’’ and inserting ‘‘school improvement 

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

7 SEC. 115. SCHOOLWIDE PROGRAMS. 

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

9 (1) in subsection (a)— 

10 (A) in paragraph (1)— 

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

12 ‘‘subpart’’; and 

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

14 ‘‘such families’’; 

15 (B) in paragraph (2)— 

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

17 ‘‘part’’ and inserting ‘‘subpart’’; and 

18 (ii) in subparagraph (B)— 

19 (I) by striking ‘‘children with 

20 limited English proficiency’’ and in21 serting ‘‘English learners’’; and 

22 (II) by striking ‘‘part’’ and in23 serting ‘‘subpart’’; 


rfrederick on DSK4SPTVN1PROD with BILLS
63 

•HR 5 IH

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

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

3 children,’’; and 

4 (D) by striking paragraph (4); 

5 (2) in subsection (b)— 

6 (A) in paragraph (1)— 

7 (i) in subparagraph (A)— 

8 (I) by striking ‘‘(including’’ and 

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

10 and 

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

13 achievement standards’’ and inserting 

14 ‘‘standards’’; 

15 (ii) in subparagraph (B)— 

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

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

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

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

22 preceding subclause (I), by striking 

23 ‘‘based on scientifically based re24 search’’ and inserting ‘‘evidence25 based’’; 


rfrederick on DSK4SPTVN1PROD with BILLS
64 

•HR 5 IH

1 (III) in clause (iii)(I)— 

2 (aa) by striking ‘‘student 

3 academic achievement standards’’ 

4 and inserting ‘‘academic stand5 ards’’; and 

6 (bb) by striking ‘‘schoolwide 

7 program,’’ and all that follows 

8 through ‘‘technical education pro9 grams; and’’ and inserting 

10 ‘‘schoolwide programs; and’’; and 

11 (IV) in clause (iv), by striking 

12 ‘‘the State and local improvement 

13 plans’’ and inserting ‘‘school improve14 ment strategies’’; 

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

16 ‘‘highly qualified’’ and inserting ‘‘effec17 tive’’; 

18 (iv) in subparagraph (D)— 

19 (I) by striking ‘‘In accordance 

20 with section 1119 and subsection 

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

22 ‘‘High-quality’’; 

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

24 and inserting ‘‘specialized instruc25 tional support services’’; and 


rfrederick on DSK4SPTVN1PROD with BILLS
65 

•HR 5 IH

1 (III) by striking ‘‘student aca2 demic achievement’’ and inserting 

3 ‘‘academic’’; 

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

5 ‘‘high-quality highly qualified’’ and insert6 ing ‘‘effective’’; 

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

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

9 Reading First, or a State-run preschool 

10 program,’’; 

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

12 ‘‘section 1111(b)(3)’’ and inserting ‘‘sec13 tion 1111(b)(2)’’; 

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

15 ‘‘proficient or advanced levels of academic 

16 achievement standards’’ and inserting 

17 ‘‘State academic standards’’; and 

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

19 ‘‘vocational’’ and inserting ‘‘career’’; and 

20 (B) in paragraph (2)— 

21 (i) in subparagraph (A)— 

22 (I) in the matter preceding clause 

23 (i)— 

24 (aa) by striking ‘‘first de25 velop’’ and all that follows 


rfrederick on DSK4SPTVN1PROD with BILLS
66 

•HR 5 IH

1 through ‘‘2001)’’ and inserting 

2 ‘‘have in place’’; and 

3 (bb) by striking ‘‘and its 

4 school support team or other 

5 technical assistance provider 

6 under section 1117’’; 

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

8 ‘‘part’’ and inserting ‘‘subpart’’; and 

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

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

11 ‘‘section 1111(b)(2)’’; and 

12 (ii) in subparagraph (B)— 

13 (I) in clause (i)— 

14 (aa) in subclause (I), by 

15 striking ‘‘, after considering the 

16 recommendation of the technical 

17 assistance providers under sec18 tion 1117,’’; and 

19 (bb) in subclause (II), by 

20 striking ‘‘the No Child Left Be21 hind Act of 2001’’ and inserting 

22 ‘‘Student Success Act’’; 

23 (II) in clause (ii)— 

24 (aa) by striking ‘‘(including 

25 administrators of programs deVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
67 

•HR 5 IH

1 scribed in other parts of this 

2 title)’’; and 

3 (bb) by striking ‘‘pupil serv4 ices’’ and inserting ‘‘specialized 

5 instructional support services’’; 

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

7 ‘‘part’’ and inserting ‘‘subpart’’; and 

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

9 ‘‘Reading First, Early Reading First, 

10 Even Start,’’; and 

11 (3) in subsection (c)— 

12 (A) by striking ‘‘part’’ and inserting ‘‘sub13 part’’; and 

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

15 through the period at the end and inserting 

16 ‘‘6.’’. 

17 SEC. 116. TARGETED ASSISTANCE SCHOOLS. 

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

19 (1) in subsection (a)— 

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

21 schoolwide program under section 1114, or 

22 that’’; 

23 (B) by striking ‘‘operate such’’ and insert24 ing ‘‘operate’’; and 


rfrederick on DSK4SPTVN1PROD with BILLS
68 

•HR 5 IH

1 (C) by striking ‘‘part’’ and inserting ‘‘sub2 part’’; 

3 (2) in subsection (b)— 

4 (A) in paragraph (1)(B), by striking ‘‘chal5 lenging student academic achievement’’ and in6 serting ‘‘academic’’; 

7 (B) in paragraph (2)— 

8 (i) in subparagraph (A)— 

9 (I) by striking ‘‘limited English 

10 proficient children’’ and inserting 

11 ‘‘English learners’’; and 

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

13 it appears and inserting ‘‘subpart’’; 

14 (ii) in subparagraph (B)— 

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

16 EVEN START, OR EARLY READING

17 FIRST’’; and 

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

19 Early Reading First’’; 

20 (iii) in subparagraph (C)— 

21 (I) by amending the heading to 

22 read as follows: ‘‘SUBPART 3 CHIL23 DREN.—’’; 

24 (II) by striking ‘‘part C’’ and in25 serting ‘‘subpart 3’’; and 


rfrederick on DSK4SPTVN1PROD with BILLS
69 

•HR 5 IH

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

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

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

5 inserting ‘‘subpart’’; and 

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)— 


rfrederick on DSK4SPTVN1PROD with BILLS
70 

•HR 5 IH

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 ‘‘effec13 tive’’; 

14 (vii) in subparagraph (F)— 

15 (I) by striking ‘‘in accordance 

16 with subsection (e)(3) and section 

17 1119,’’; 

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

20 (III) by striking ‘‘pupil services 

21 personnel’’ and inserting ‘‘specialized 

22 instructional support personnel’’; and 

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

24 ‘‘vocational’’ and inserting ‘‘career’’; and 

25 (B) in paragraph (2)— 


rfrederick on DSK4SPTVN1PROD with BILLS
71 

•HR 5 IH

1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘proficient and ad3 vanced levels of achievement’’ and insert4 ing ‘‘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 achieve9 ment’’ 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’’; and 

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 ‘‘sub17 part’’; and 

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

19 services’’ and inserting ‘‘specialized in20 structional support services’’; and 

21 (B) by striking paragraph (3). 


rfrederick on DSK4SPTVN1PROD with BILLS
72 

•HR 5 IH

1 SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDU2 CATIONAL AGENCY AND SCHOOL IMPROVE3 MENT; SCHOOL SUPPORT AND RECOGNITION. 

4 The Act is amended by repealing sections 1116 and 

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

6 SEC. 118. PARENTAL INVOLVEMENT. 

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

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

10 (2) in subsection (a)— 

11 (A) in paragraph (2)— 

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

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

14 and 

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

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

17 ‘‘preschool programs’’; and 

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

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

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

22 follows: 

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

24 curriculum in use at the school and the forms 

25 of academic assessment used to measure stu26 dent progress; and’’; 


rfrederick on DSK4SPTVN1PROD with BILLS
73 

•HR 5 IH

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

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

3 (5) in subsection (e)— 

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

5 academic content standards and State student 

6 academic achievement standards’’ and inserting 

7 ‘‘State’s academic standards’’; 

8 (B) in paragraph (3)— 

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

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

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

15 Start, Reading First, Early Reading First, 

16 Even Start, the Home Instruction Programs for 

17 Preschool Youngsters, the Parents as Teachers 

18 Program, and public preschool and other’’ and 

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

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

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

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

25 school that receives assistance under this subpart shall inVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
74 

•HR 5 IH

1 form such parents and organizations of the existence of 

2 such programs.’’. 

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

5 The Act is amended by repealing section 1119 (20 

6 U.S.C. 6319). 

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

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

10 as follows: 

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

12 PRIVATE SCHOOLS. 

13 ‘‘(a) GENERAL REQUIREMENT.— 

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

15 with the number of eligible children identified under 

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

17 local educational agency who are enrolled in private 

18 elementary schools and secondary schools, a local 

19 educational agency shall— 

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

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

24 as requested by the officials or representatives 

25 to best meet the needs of such children, special 


rfrederick on DSK4SPTVN1PROD with BILLS
75 

•HR 5 IH

1 educational services, instructional services, 

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

3 other benefits under this subpart (such as dual 

4 enrollment, educational radio and television, 

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

7 equipment) that address their needs; and 

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

9 the children participate, on an equitable basis, 

10 in services and activities developed pursuant to 

11 this subpart. 

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

13 Such educational services or other benefits, including 

14 materials and equipment, shall be secular, neutral, 

15 and nonideological. 

16 ‘‘(3) EQUITY.— 

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

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

22 be provided in a timely manner. 

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

24 equity for such private school children, teach25 ers, and other educational personnel, the State 


rfrederick on DSK4SPTVN1PROD with BILLS
76 

•HR 5 IH

1 educational agency involved shall designate an 

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

4 ‘‘(4) EXPENDITURES.— 

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

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

11 share of funds shall be determined based on the 

12 total allocation received by the local educational 

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

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

18 private school children shall— 

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

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

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

23 that cannot be so obligated, be used to 

24 serve such children in the following fiscal 

25 year. 


rfrederick on DSK4SPTVN1PROD with BILLS
77 

•HR 5 IH

1 ‘‘(C) NOTICE OF ALLOCATION.—Each 

2 State educational agency shall— 

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

4 the proportion of funds to be allocated to 

5 each local educational agency in the State 

6 for educational services and other benefits 

7 under this subpart to eligible private school 

8 children; and 

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

10 each such local educational agency and the 

11 appropriate private school officials or their 

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

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

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

17 may provide services under this section directly or 

18 through contracts with public or private agencies, 

19 organizations, and institutions. 

20 ‘‘(b) CONSULTATION.— 

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

22 meaningful consultation, a local educational agency 

23 shall consult with appropriate private school officials 

24 or representatives during the design and develop25 ment of such agency’s programs under this subpart 


rfrederick on DSK4SPTVN1PROD with BILLS
78 

•HR 5 IH

1 in order to reach an agreement between the agency 

2 and the officials or representatives about equitable 

3 and effective programs for eligible private school 

4 children, the results of which shall be transmitted to 

5 the designated ombudsmen under section 

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

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

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

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

12 will be provided; 

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

14 assessed and how the results of that assessment 

15 will be used to improve those services; 

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

17 services to be provided to the eligible private 

18 school children, and the proportion of funds 

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

20 such services, how that proportion of funds is 

21 determined under such subsection, and an 

22 itemization of the costs of the services to be 

23 provided; 

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

25 are used under subsection (c) and section 


rfrederick on DSK4SPTVN1PROD with BILLS
79 

•HR 5 IH

1 1113(c)(1) to determine the number of children 

2 from low-income families in participating school 

3 attendance areas who attend private schools; 

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

5 decisions about the delivery of services to such 

6 children, including a thorough consideration 

7 and analysis of the views of the private school 

8 officials or representatives on the provision of 

9 services through a contract with potential third10 party providers; 

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

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

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

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

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

23 ‘‘(J) whether to provide equitable services 

24 to eligible private school children— 


rfrederick on DSK4SPTVN1PROD with BILLS
80 

•HR 5 IH

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

2 funds with all of the funds allocated under 

3 paragraph (4) based on all the children 

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

7 the local educational agency will provide 

8 such services to all such children; or 

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

11 agency’s participating school attendance 

12 area with the proportion of funds allocated 

13 under paragraph (4) based on the number 

14 of children from low-income families who 

15 attend such school; and 

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

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

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

20 agency disagrees with the views of private school of21 ficials or representatives with respect to an issue de22 scribed in paragraph (1), the local educational agen23 cy shall provide in writing to such private school of24 ficials an analysis of the reasons why the local eduVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
81 

•HR 5 IH

1 cational agency has chosen not to adopt the course 

2 of action requested by such officials. 

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

4 meetings of agency and private school officials or 

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

7 opportunities of eligible private school children to 

8 participate in programs under this subpart. Such 

9 meetings shall continue throughout implementation 

10 and assessment of services provided under this sec11 tion. 

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

14 local educational agency can use to provide equitable 

15 services to eligible private school children. 

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

17 agency shall maintain in the agency’s records and 

18 provide to the State educational agency involved a 

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

21 meaningful consultation required by this section has 

22 occurred. The written affirmation shall provide the 

23 option for private school officials or representatives 

24 to indicate that timely and meaningful consultation 

25 has not occurred or that the program design is not 


rfrederick on DSK4SPTVN1PROD with BILLS
82 

•HR 5 IH

1 equitable with respect to eligible private school chil2 dren. If such officials or representatives do not pro3 vide such affirmation within a reasonable period of 

4 time, the local educational agency shall forward the 

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

7 State educational agency. 

8 ‘‘(6) COMPLIANCE.— 

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

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

13 that was meaningful and timely, did not give 

14 due consideration to the views of the private 

15 school official, or did not treat the private 

16 school or its students equitably as required by 

17 this section. 

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

19 official wishes to file a complaint, the official 

20 shall provide the basis of the noncompliance 

21 with this section by the local educational agency 

22 to the State educational agency, and the local 

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

25 agency. 


rfrederick on DSK4SPTVN1PROD with BILLS
83 

•HR 5 IH

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

2 State educational agency shall provide services 

3 under this section directly or through contracts 

4 with public or private agencies, organizations, 

5 and institutions, if— 

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

8 ‘‘(I) requested that the State 

9 educational agency provide such serv10 ices directly; and 

11 ‘‘(II) demonstrated that the local 

12 educational agency involved has not 

13 met the requirements of this section; 

14 or 

15 ‘‘(ii) in a case in which— 

16 ‘‘(I) a local educational agency 

17 has more than 10,000 children from 

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

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

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

24 ‘‘(II) 90 percent of the eligible 

25 private school students in a particiVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
84 

•HR 5 IH

1 pating school attendance area of the 

2 agency are not being served by the 

3 agency’s program under this section. 

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

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

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

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

10 attend private schools by— 

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

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

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

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

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

19 each participating public school attendance 

20 area, determined pursuant to this section, to 

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

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

25 used to count public school children. 


rfrederick on DSK4SPTVN1PROD with BILLS
85 

•HR 5 IH

1 ‘‘(2) COMPLAINT PROCESS.—Any dispute re2 garding low-income data for private school students 

3 shall be subject to the complaint process authorized 

4 in section 5503. 

5 ‘‘(d) PUBLIC CONTROL OF FUNDS.— 

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

8 equipment, and property purchased with such funds, 

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

10 administer such funds, materials, equipment, and 

11 property. 

12 ‘‘(2) PROVISION OF SERVICES.— 

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

14 under this section shall be provided— 

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

16 or 

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

19 agency, or organization. 

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

21 such services, such employee, individual, asso22 ciation, agency, or organization shall be inde23 pendent of such private school and of any reli24 gious organization, and such employment or 


rfrederick on DSK4SPTVN1PROD with BILLS
86 

•HR 5 IH

1 contract shall be under the control and super2 vision of such public agency. 

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

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

7 secondary schools, or if the Secretary determines that a 

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

10 this section, the Secretary shall— 

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

12 such local educational agency; 

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

14 such children through arrangements that shall be 

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

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

18 subsection, consider one or more factors, including 

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

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

22 SEC. 121. FISCAL REQUIREMENTS. 

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

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

25 inserting ‘‘subpart’’; and 


rfrederick on DSK4SPTVN1PROD with BILLS
87 

•HR 5 IH

1 (2) by striking subsection (a) and redesignating 

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

3 and (c), respectively. 

4 SEC. 122. COORDINATION REQUIREMENTS. 

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

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

7 inserting ‘‘subpart’’; 

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

9 Early Reading First program’’; and 

10 (3) in subsection (b)— 

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

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

13 program,’’; 

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

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

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

18 Reading First program staff,’’; and 

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

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

23 SECRETARY OF THE INTERIOR. 

24 Section 1121 (20 U.S.C. 6331) is amended— 


rfrederick on DSK4SPTVN1PROD with BILLS
88 

•HR 5 IH

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)’’; 

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’’; and 

9 (B) in paragraph (3)— 

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

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

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

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

15 standards’’ and inserting ‘‘State academic 

16 standards’’; and 

17 (iii) by striking subparagraph (D); 

18 and 

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

20 inserting ‘‘subpart’’. 

21 SEC. 124. ALLOCATIONS TO STATES. 

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

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

25 ‘‘(a) RESERVATION.— 


rfrederick on DSK4SPTVN1PROD with BILLS
89 

•HR 5 IH

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

4 this chapter. 

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

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

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

8 current fiscal year)— 

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

10 available to carry out section 1124 for fiscal 

11 year 2001 shall be used to carry out section 

12 1124; 

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

14 available to carry out section 1124A for fiscal 

15 year 2001 shall be used to carry out section 

16 1124A; and 

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

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

19 made available to carry out this chapter for the 

20 fiscal year for which the determination is made 

21 exceeds the total amount available to carry out 

22 sections 1124 and 1124A for fiscal year 2001 

23 shall be used to carry out section 1125 and 

24 1125A and such amount shall be divided equal25 ly between section 1125 and section 1125A.’’; 


rfrederick on DSK4SPTVN1PROD with BILLS
90 

•HR 5 IH

1 (2) in subsection (b)(1), by striking ‘‘subpart’’ 

2 and inserting ‘‘chapter’’; 

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

4 inserting ‘‘subpart’’; and 

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

6 and inserting ‘‘chapter’’. 

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

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

10 (1) in subsection (a)— 

11 (A) in paragraph (3)— 

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

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

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

16 and 

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

19 ‘‘chapter’’; and 

20 (2) in subsection (c)— 

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

23 subpart 3’’; and 

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

25 and inserting ‘‘subpart’’. 


rfrederick on DSK4SPTVN1PROD with BILLS
91 

•HR 5 IH

1 SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS 

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

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

5 read as follows: 

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

7 GRANTS TO LOCAL EDUCATIONAL AGENCIES 

8 IN FISCAL YEARS AFTER FISCAL YEAR 2001. 

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

11 and activities under this subpart shall not exceed the 

12 amount allocated in fiscal year 2001 for such programs 

13 and activities unless the amount available for targeted 

14 grants to local educational agencies under section 1125 

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

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

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

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

21 inserting ‘‘subpart’’; 

22 (2) in subsection (b)(1)— 

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

26 carry out this section’’; and 


rfrederick on DSK4SPTVN1PROD with BILLS
92 

•HR 5 IH

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’’; and 

5 (3) by striking subsections (a), (e), and (f) and 

6 redesignating subsections (b), (c), (d), and (g) as 

7 subsections (a), (b), (c), and (d), respectively. 

8 SEC. 128. CARRYOVER AND WAIVER. 

9 Section 1127 (20 U.S.C. 6339) is amended by strik10 ing ‘‘subpart’’ each place it appears and inserting ‘‘chap11 ter’’. 

12 Subtitle C—Additional Aid to 

13 States and School Districts 

14 SEC. 131. ADDITIONAL AID. 

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

16 as amended by the preceding provisions of this Act, is fur17 ther amended— 

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

19 through H; and 

20 (2) by inserting after subpart 1 of part A the 

21 following: 

22 ‘‘Subpart 2—Education of Migratory Children 

23 ‘‘SEC. 1131. PROGRAM PURPOSES. 

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


rfrederick on DSK4SPTVN1PROD with BILLS
93 

•HR 5 IH

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

2 and comprehensive educational programs and serv3 ices during the school year, and as applicable, during 

4 summer or intercession periods, that address the 

5 unique educational needs of migratory children. 

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

7 move among the States, not be penalized in any 

8 manner by disparities among the States in cur9 riculum, graduation requirements, and State aca10 demic standards. 

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

12 meet the State academic standards that all children 

13 are expected to meet, and graduate from high school 

14 prepared for postsecondary education and the work15 force without the need for remediation. 

16 ‘‘(4) To help such children overcome edu17 cational disruption, cultural and language barriers, 

18 social isolation, various health-related problems, and 

19 other factors that inhibit the ability of such children 

20 to succeed in school. 

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

22 and local systemic reforms. 


rfrederick on DSK4SPTVN1PROD with BILLS
94 

•HR 5 IH

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 re6 served under subsection (a) and not reserved under section 

7 1138(c), the Secretary shall make allotments for the fiscal 

8 year to State educational agencies, or consortia of such 

9 agencies, to establish or improve, directly or through local 

10 operating agencies, programs of education for migratory 

11 children in 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 

16 an 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 

21 data 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 

26 during the previous year; multiplied by 


rfrederick on DSK4SPTVN1PROD with BILLS
95 

•HR 5 IH

1 ‘‘(2) 40 percent of the average per-pupil ex2 penditure in the State, except that the amount de3 termined under this paragraph shall not be less than 

4 32 percent, nor more than 48 percent, of the aver5 age per-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 

16 the 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 ex24 penditure in the United States. 

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


rfrederick on DSK4SPTVN1PROD with BILLS
96 

•HR 5 IH

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 eligi7 ble, the Secretary shall ratably reduce each 

8 such 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 

14 this 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 

24 required under section 1134. 


rfrederick on DSK4SPTVN1PROD with BILLS
97 

•HR 5 IH

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

2 reallocate such excess funds to other States 

3 whose grants under this subpart would other4 wise be insufficient to provide an appropriate 

5 level of services to migratory children, in such 

6 amounts as the Secretary determines are appro7 priate. 

8 ‘‘(e) CONSORTIUM ARRANGEMENTS.— 

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

10 receives a grant of $1,000,000 or less under this 

11 section, the Secretary shall consult with the State 

12 educational agency to determine whether consortium 

13 arrangements with another State or other appro14 priate entity would result in delivery of services in 

15 a more effective and efficient manner. 

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

17 amount of such State’s allocation, may submit a 

18 consortium arrangement to the Secretary for ap19 proval. 

20 ‘‘(3) APPROVAL.—The Secretary shall approve 

21 a consortium arrangement under paragraph (1) or 

22 (2) if the proposal demonstrates that the arrange23 ment will— 

24 ‘‘(A) reduce administrative costs or pro25 gram function costs for State programs; and 


rfrederick on DSK4SPTVN1PROD with BILLS
98 

•HR 5 IH

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

2 services to add substantially to the educational 

3 achievement of children to be served under this 

4 subpart. 

5 ‘‘(f) DETERMINING NUMBERS OF ELIGIBLE CHIL6 DREN.—In order to determine the identified number of 

7 migratory children residing in each State for purposes of 

8 this section, the Secretary shall— 

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

10 accurately reflects the actual number of migratory 

11 children; 

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

13 monitoring the accuracy of such information; 

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

15 more accurately reflecting cost factors for different 

16 types of summer and intersession program designs; 

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

18 migratory children who reside in each State to take 

19 into account— 

20 ‘‘(A) the unique needs of those children 

21 participating in evidence-based or other effec22 tive special programs provided under this sub23 part that operate during the summer and inter24 session periods; and 


rfrederick on DSK4SPTVN1PROD with BILLS
99 

•HR 5 IH

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

2 programs; and 

3 ‘‘(5) conduct an analysis of the options for ad4 justing the formula so as to better direct services to 

5 migratory children, including the most at-risk migra6 tory children. 

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

8 State desiring to receive an allocation under this subpart 

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

10 previous fiscal year or that has been participating for less 

11 than 3 consecutive years, the Secretary shall calculate the 

12 State’s number of identified migratory children aged 3 

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

14 the most recent data available that identifies the migra15 tory children residing in the State until data is available 

16 to calculate the 3-year average number of such children 

17 in accordance with such subsection. 

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

19 ‘‘(a) APPLICATION REQUIRED.—Any State desiring 

20 to receive a grant under this subpart for any fiscal year 

21 shall submit an application to the Secretary at such time 

22 and in such manner as the Secretary may require. 

23 ‘‘(b) PROGRAM INFORMATION.—Each such applica24 tion shall include— 


rfrederick on DSK4SPTVN1PROD with BILLS
100 

•HR 5 IH

1 ‘‘(1) a description of how, in planning, imple2 menting, and evaluating programs and projects as3 sisted under this subpart, the State and its local op4 erating agencies will ensure that the unique edu5 cational needs of migratory children, including pre6 school migratory children, are identified and ad7 dressed through— 

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

9 available for migratory children from appro10 priate local, State, and Federal educational pro11 grams; 

12 ‘‘(B) joint planning among local, State, 

13 and Federal educational programs serving mi14 gratory children, including language instruction 

15 educational programs under chapter A of sub16 part 4; and 

17 ‘‘(C) the integration of services available 

18 under this subpart with services provided by 

19 those other programs; 

20 ‘‘(2) a description of the steps the State is tak21 ing to provide all migratory students with the oppor22 tunity to meet the same State academic standards 

23 that all children are expected to meet; 

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

25 funds received under this subpart to promote interVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
101 

•HR 5 IH

1 state and intrastate coordination of services for mi2 gratory children, including how the State will pro3 vide for educational continuity through the timely 

4 transfer of pertinent school records, including infor5 mation on health, when children move from one 

6 school to another, whether or not such a move oc7 curs during the regular school year; 

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

9 the use of funds received under this subpart, and 

10 how such priorities relate to the State’s assessment 

11 of needs for services in the State; 

12 ‘‘(5) a description of how the State will deter13 mine the amount of any subgrants the State will 

14 award to local operating agencies, taking into ac15 count the numbers and needs of migratory children, 

16 the requirements of subsection (d), and the avail17 ability of funds from other Federal, State, and local 

18 programs; and 

19 ‘‘(6) a description of how the State will encour20 age programs and projects assisted under this sub21 part to offer family literacy services if the programs 

22 and projects serve a substantial number of migra23 tory children whose parents do not have a regular 

24 high school diploma or its recognized equivalent or 

25 who have low levels of literacy. 


rfrederick on DSK4SPTVN1PROD with BILLS
102 

•HR 5 IH

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

2 include assurances that— 

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

4 used only— 

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

6 the acquisition of equipment, in accordance 

7 with section 1136; and 

8 ‘‘(B) to coordinate such programs and 

9 projects with similar programs and projects 

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

11 with other Federal programs that can benefit 

12 migratory children and their families; 

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

14 out in a manner consistent with the objectives of 

15 section 1114, subsections (b) and (d) of section 

16 1115, subsections (b) and (c) of section 1120A, and 

17 part C; 

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

19 and projects at both the State and local agency op20 erating level, there is consultation with parents of 

21 migratory children for programs of not less than one 

22 school year in duration, and that all such programs 

23 and projects are carried out— 

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

25 same parental involvement as is required for 


rfrederick on DSK4SPTVN1PROD with BILLS
103 

•HR 5 IH

1 programs and projects under section 1118, un2 less extraordinary circumstances make such 

3 provision impractical; and 

4 ‘‘(B) in a format and language under5 standable to the parents; 

6 ‘‘(4) in planning and carrying out such pro7 grams and projects, there has been, and will be, ade8 quate provision for addressing the unmet education 

9 needs of preschool migratory children; 

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

11 projects will be determined, where feasible, using the 

12 same approaches and standards that will be used to 

13 assess the performance of students, schools, and 

14 local educational agencies under subpart 1; 

15 ‘‘(6) to the extent feasible, such programs and 

16 projects will provide for— 

17 ‘‘(A) advocacy and outreach activities for 

18 migratory children and their families, including 

19 informing such children and families of, or 

20 helping such children and families gain access 

21 to, other education, health, nutrition, and social 

22 services; 

23 ‘‘(B) professional development programs, 

24 including mentoring, for teachers and other 

25 program personnel; 


rfrederick on DSK4SPTVN1PROD with BILLS
104 

•HR 5 IH

1 ‘‘(C) high-quality, evidence-based family 

2 literacy programs; 

3 ‘‘(D) the integration of information tech4 nology into educational and related programs; 

5 and 

6 ‘‘(E) programs to facilitate the transition 

7 of secondary school students to postsecondary 

8 education or employment without the need for 

9 remediation; and 

10 ‘‘(7) the State will assist the Secretary in deter11 mining the number of migratory children under 

12 paragraph (1) of section 1133(a). 

13 ‘‘(d) PRIORITY FOR SERVICES.—In providing services 

14 with funds received under this subpart, each recipient of 

15 such funds shall give priority to migratory children who 

16 are failing, or most at risk of failing, to meet the State’s 

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

18 ‘‘(e) CONTINUATION OF SERVICES.—Notwith19 standing any other provision of this subpart— 

20 ‘‘(1) a child who ceases to be a migratory child 

21 during a school term shall be eligible for services 

22 until the end of such term; 

23 ‘‘(2) a child who is no longer a migratory child 

24 may continue to receive services for one additional 


rfrederick on DSK4SPTVN1PROD with BILLS
105 

•HR 5 IH

1 school year, but only if comparable services are not 

2 available through other programs; and 

3 ‘‘(3) secondary school students who were eligi4 ble for services in secondary school may continue to 

5 be served through credit accrual programs until 

6 graduation. 

7 ‘‘SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 

8 ‘‘The Secretary shall approve each State application 

9 that meets the requirements of this subpart, and may re10 view any such application using a peer review process. 

11 ‘‘SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND 

12 SERVICE-DELIVERY PLAN; AUTHORIZED AC13 TIVITIES. 

14 ‘‘(a) COMPREHENSIVE PLAN.— 

15 ‘‘(1) IN GENERAL.—Each State that receives 

16 assistance under this subpart shall ensure that the 

17 State and its local operating agencies identify and 

18 address the unique educational needs of migratory 

19 children in accordance with a comprehensive State 

20 plan that— 

21 ‘‘(A) is integrated with other programs 

22 under this Act or other Acts, as appropriate; 

23 ‘‘(B) may be submitted as a part of a con24 solidated application under section 5302, if— 


rfrederick on DSK4SPTVN1PROD with BILLS
106 

•HR 5 IH

1 ‘‘(i) the unique needs of migratory 

2 children are specifically addressed in the 

3 comprehensive State plan; 

4 ‘‘(ii) the comprehensive State plan is 

5 developed in collaboration with parents of 

6 migratory children; and 

7 ‘‘(iii) the comprehensive State plan is 

8 not used to supplant State efforts regard9 ing, or administrative funding for, this 

10 subpart; 

11 ‘‘(C) provides that migratory children will 

12 have an opportunity to meet the same State 

13 academic standards under section 1111(b)(1) 

14 that all children are expected to meet; 

15 ‘‘(D) specifies measurable program goals 

16 and outcomes; 

17 ‘‘(E) encompasses the full range of services 

18 that are available for migratory children from 

19 appropriate local, State, and Federal edu20 cational programs; 

21 ‘‘(F) is the product of joint planning 

22 among such local, State, and Federal programs, 

23 including programs under subpart 1, early 

24 childhood programs, and language instruction 


rfrederick on DSK4SPTVN1PROD with BILLS
107 

•HR 5 IH

1 educational programs under chapter A of sub2 part 4; and 

3 ‘‘(G) provides for the integration of serv4 ices available under this subpart with services 

5 provided by such other programs. 

6 ‘‘(2) DURATION OF THE PLAN.—Each such 

7 comprehensive State plan shall— 

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

9 the State’s participation under this subpart; 

10 and 

11 ‘‘(B) be periodically reviewed and revised 

12 by the State, as necessary, to reflect changes in 

13 the State’s strategies and programs under this 

14 subpart. 

15 ‘‘(b) AUTHORIZED ACTIVITIES.— 

16 ‘‘(1) FLEXIBILITY.—In implementing the com17 prehensive plan described in subsection (a), each 

18 State educational agency, where applicable through 

19 its local educational agencies, shall have the flexi20 bility to determine the activities to be provided with 

21 funds made available under this subpart, except that 

22 such funds first shall be used to meet the identified 

23 needs of migratory children that result from their 

24 migratory lifestyle, and to permit these children to 

25 participate effectively in school. 


rfrederick on DSK4SPTVN1PROD with BILLS
108 

•HR 5 IH

1 ‘‘(2) UNADDRESSED NEEDS.—Funds provided 

2 under this subpart shall be used to address the 

3 needs of migratory children that are not addressed 

4 by services available from other Federal or non-Fed5 eral programs, except that migratory children who 

6 are eligible to receive services under subpart 1 may 

7 receive those services through funds provided under 

8 that subpart, or through funds under this subpart 

9 that remain after the agency addresses the needs de10 scribed in paragraph (1). 

11 ‘‘(3) CONSTRUCTION.—Nothing in this subpart 

12 shall be construed to prohibit a local educational 

13 agency from serving migratory children simulta14 neously with students with similar educational needs 

15 in the same educational settings, where appropriate. 

16 ‘‘SEC. 1137. BYPASS. 

17 ‘‘The Secretary may use all or part of any State’s 

18 allocation under this subpart to make arrangements with 

19 any public or private agency to carry out the purpose of 

20 this subpart in such State if the Secretary determines 

21 that— 

22 ‘‘(1) the State is unable or unwilling to conduct 

23 educational programs for migratory children; 


rfrederick on DSK4SPTVN1PROD with BILLS
109 

•HR 5 IH

1 ‘‘(2) such arrangements would result in more 

2 efficient and economic administration of such pro3 grams; or 

4 ‘‘(3) such arrangements would add substantially 

5 to the educational achievement of such children. 

6 ‘‘SEC. 1138. COORDINATION OF MIGRATORY EDUCATION 

7 ACTIVITIES. 

8 ‘‘(a) IMPROVEMENT OF COORDINATION.— 

9 ‘‘(1) IN GENERAL.—The Secretary, in consulta10 tion with the States, may make grants to, or enter 

11 into contracts with, State educational agencies, local 

12 educational agencies, institutions of higher edu13 cation, and other public and private entities to im14 prove the interstate and intrastate coordination 

15 among such agencies’ educational programs, includ16 ing through the establishment or improvement of 

17 programs for credit accrual and exchange, available 

18 to migratory students. 

19 ‘‘(2) DURATION.—Grants or contracts under 

20 this subsection may be awarded for not more than 

21 5 years. 

22 ‘‘(b) STUDENT RECORDS.— 

23 ‘‘(1) ASSISTANCE.—The Secretary shall assist 

24 States in developing and maintaining an effective 

25 system for the electronic transfer of student records 


rfrederick on DSK4SPTVN1PROD with BILLS
110 

•HR 5 IH

1 and in determining the number of migratory chil2 dren in each State. 

3 ‘‘(2) INFORMATION SYSTEM.— 

4 ‘‘(A) IN GENERAL.—The Secretary, in con5 sultation with the States, shall ensure the link6 age of migratory student record systems for the 

7 purpose of electronically exchanging, among the 

8 States, health and educational information re9 garding all migratory students. The Secretary 

10 shall ensure such linkage occurs in a cost-effec11 tive manner, utilizing systems used by the 

12 States prior to, or developed after, the date of 

13 enactment of this Act. The Secretary shall de14 termine the minimum data elements that each 

15 State receiving funds under this subpart shall 

16 collect and maintain. Such minimum data ele17 ments may include— 

18 ‘‘(i) immunization records and other 

19 health information; 

20 ‘‘(ii) elementary and secondary aca21 demic history (including partial credit), 

22 credit accrual, and results from State as23 sessments required under section 

24 1111(b)(2); 


rfrederick on DSK4SPTVN1PROD with BILLS
111 

•HR 5 IH

1 ‘‘(iii) other academic information es2 sential to ensuring that migratory children 

3 achieve to the States’s academic standards; 

4 and 

5 ‘‘(iv) eligibility for services under the 

6 Individuals with Disabilities Education 

7 Act. 

8 ‘‘(B) The Secretary shall consult with 

9 States before updating the data elements that 

10 each State receiving funds under this subpart 

11 shall be required to collect for purposes of elec12 tronic transfer of migratory student information 

13 and the requirements that States shall meet for 

14 immediate electronic access to such information. 

15 ‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A 

16 State educational agency or local educational agency 

17 receiving assistance under this subpart shall make 

18 student records available to another State edu19 cational agency or local educational agency that re20 quests the records at no cost to the requesting agen21 cy, if the request is made in order to meet the needs 

22 of a migratory child. 

23 ‘‘(4) REPORT TO CONGRESS.— 

24 ‘‘(A) IN GENERAL.—Not later than April 

25 30, 2014, the Secretary shall report to the 


rfrederick on DSK4SPTVN1PROD with BILLS
112 

•HR 5 IH

1 Committee on Health, Education, Labor, and 

2 Pensions of the Senate and the Committee on 

3 Education and the Workforce of the House of 

4 Representatives the Secretary’s findings and 

5 recommendations regarding the maintenance 

6 and transfer of health and educational informa7 tion for migratory students by the States. 

8 ‘‘(B) REQUIRED CONTENTS.—The Sec9 retary shall include in such report— 

10 ‘‘(i) a review of the progress of States 

11 in developing and linking electronic records 

12 transfer systems; 

13 ‘‘(ii) recommendations for maintaining 

14 such systems; and 

15 ‘‘(iii) recommendations for improving 

16 the continuity of services provided for mi17 gratory students. 

18 ‘‘(c) AVAILABILITY OF FUNDS.—The Secretary shall 

19 reserve not more than $10,000,000 of the amount re20 served under section 1132 to carry out this section for 

21 each fiscal year. 

22 ‘‘(d) DATA COLLECTION.—The Secretary shall direct 

23 the National Center for Education Statistics to collect 

24 data on migratory children. 


rfrederick on DSK4SPTVN1PROD with BILLS
113 

•HR 5 IH

1 ‘‘SEC. 1139. DEFINITIONS. 

2 ‘‘As used in this subpart: 

3 ‘‘(1) LOCAL OPERATING AGENCY.—The term 

4 ‘local operating agency’ means— 

5 ‘‘(A) a local educational agency to which a 

6 State educational agency makes a subgrant 

7 under this subpart; 

8 ‘‘(B) a public or private agency with which 

9 a State educational agency or the Secretary 

10 makes an arrangement to carry out a project 

11 under this subpart; or 

12 ‘‘(C) a State educational agency, if the 

13 State educational agency operates the State’s 

14 migratory education program or projects di15 rectly. 

16 ‘‘(2) MIGRATORY CHILD.—The term ‘migratory 

17 child’ means a child who is, or whose parent or 

18 spouse is, a migratory agricultural worker, including 

19 a migratory dairy worker, or a migratory fisher, and 

20 who, in the preceding 36 months, in order to obtain, 

21 or accompany such parent or spouse, in order to ob22 tain, temporary or seasonal employment in agricul23 tural or fishing work— 

24 ‘‘(A) has moved from one school district to 

25 another; 


rfrederick on DSK4SPTVN1PROD with BILLS
114 

•HR 5 IH

1 ‘‘(B) in a State that is comprised of a sin2 gle school district, has moved from one adminis3 trative area to another within such district; or 

4 ‘‘(C) resides in a school district of more 

5 than 15,000 square miles, and migrates a dis6 tance of 20 miles or more to a temporary resi7 dence to engage in a fishing activity. 

8 ‘‘Subpart 3—Prevention and Intervention Programs 

9 for Children and Youth Who Are Neglected, De10 linquent, or At-Risk 

11 ‘‘SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION. 

12 ‘‘(a) PURPOSE.—It is the purpose of this subpart— 

13 ‘‘(1) to improve educational services for chil14 dren and youth in local and State institutions for 

15 neglected or delinquent children and youth so that 

16 such children and youth have the opportunity to 

17 meet the same State academic standards that all 

18 children in the State are expected to meet; 

19 ‘‘(2) to provide such children and youth with 

20 the services needed to make a successful transition 

21 from institutionalization to further schooling or em22 ployment; and 

23 ‘‘(3) to prevent at-risk youth from dropping out 

24 of school, and to provide dropouts, and children and 

25 youth returning from correctional facilities or instiVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
115 

•HR 5 IH

1 tutions for neglected or delinquent children and 

2 youth, with a support system to ensure their contin3 ued education. 

4 ‘‘(b) PROGRAM AUTHORIZED.—From amounts ap5 propriated under section 3(a)(1), the Secretary shall re6 serve 0.305 of one percent to carry out this subpart. 

7 ‘‘(c) GRANTS AWARDED.—From the amounts re8 served under subsection (b) and not reserved under section 

9 1004 and section 1159, the Secretary shall make grants 

10 to State educational agencies that have plans submitted 

11 under section 1154 approved to enable such agencies to 

12 award subgrants to State agencies and local educational 

13 agencies to establish or improve programs of education for 

14 neglected, delinquent, or at-risk children and youth. 

15 ‘‘SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUB16 PART. 

17 ‘‘(a) AGENCY SUBGRANTS.—Based on the allocation 

18 amount computed under section 1152, the Secretary shall 

19 allocate to each State educational agency an amount nec20 essary to make subgrants to State agencies under chapter 

21 A. 

22 ‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, 

23 for the purpose of carrying out chapter B, funds generated 

24 throughout the State under subpart 1 of this part based 

25 on children and youth residing in local correctional faciliVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
116 

•HR 5 IH

1 ties, or attending community day programs for delinquent 

2 children and youth. 

3 ‘‘CHAPTER A—STATE AGENCY PROGRAMS 

4 ‘‘SEC. 1151. ELIGIBILITY. 

5 ‘‘A State agency is eligible for assistance under this 

6 chapter if such State agency is responsible for providing 

7 free public education for children and youth— 

8 ‘‘(1) in institutions for neglected or delinquent 

9 children and youth; 

10 ‘‘(2) attending community day programs for ne11 glected or delinquent children and youth; or 

12 ‘‘(3) in adult correctional institutions. 

13 ‘‘SEC. 1152. ALLOCATION OF FUNDS. 

14 ‘‘(a) SUBGRANTS TO STATE AGENCIES.— 

15 ‘‘(1) IN GENERAL.—Each State agency de16 scribed in section 1151 (other than an agency in the 

17 Commonwealth of Puerto Rico) is eligible to receive 

18 a subgrant under this chapter, for each fiscal year, 

19 in an amount equal to the product of— 

20 ‘‘(A) the number of neglected or delinquent 

21 children and youth described in section 1151 

22 who— 

23 ‘‘(i) are enrolled for at least 15 hours 

24 per week in education programs in adult 

25 correctional institutions; and 


rfrederick on DSK4SPTVN1PROD with BILLS
117 

•HR 5 IH

1 ‘‘(ii) are enrolled for at least 20 hours 

2 per week— 

3 ‘‘(I) in education programs in in4 stitutions for neglected or delinquent 

5 children and youth; or 

6 ‘‘(II) in community day programs 

7 for neglected or delinquent children 

8 and youth; and 

9 ‘‘(B) 40 percent of the average per-pupil 

10 expenditure in the State, except that the 

11 amount determined under this subparagraph 

12 shall not be less than 32 percent, nor more 

13 than 48 percent, of the average per-pupil ex14 penditure in the United States. 

15 ‘‘(2) SPECIAL RULE.—The number of neglected 

16 or delinquent children and youth determined under 

17 paragraph (1) shall— 

18 ‘‘(A) be determined by the State agency by 

19 a deadline set by the Secretary, except that no 

20 State agency shall be required to determine the 

21 number of such children and youth on a specific 

22 date set by the Secretary; and 

23 ‘‘(B) be adjusted, as the Secretary deter24 mines is appropriate, to reflect the relative 

25 length of such agency’s annual programs. 


rfrederick on DSK4SPTVN1PROD with BILLS
118 

•HR 5 IH

1 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

2 RICO.— 

3 ‘‘(1) IN GENERAL.—For each fiscal year, the 

4 amount of the subgrant which a State agency in the 

5 Commonwealth of Puerto Rico shall be eligible to re6 ceive under this chapter shall be the amount deter7 mined by multiplying the number of children count8 ed under subsection (a)(1)(A) for the Common9 wealth of Puerto Rico by the product of— 

10 ‘‘(A) the percentage which the average per11 pupil expenditure in the Commonwealth of 

12 Puerto Rico is of the lowest average per-pupil 

13 expenditure of any of the 50 States; and 

14 ‘‘(B) 32 percent of the average per-pupil 

15 expenditure in the United States. 

16 ‘‘(2) MINIMUM PERCENTAGE.—The percentage 

17 in paragraph (1)(A) shall not be less than 85 per18 cent. 

19 ‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFI20 CIENT APPROPRIATIONS.—If the amount reserved for any 

21 fiscal year for subgrants under subsections (a) and (b) is 

22 insufficient to pay the full amount for which all State 

23 agencies are eligible under such subsections, the Secretary 

24 shall ratably reduce each such amount. 


rfrederick on DSK4SPTVN1PROD with BILLS
119 

•HR 5 IH

1 ‘‘SEC. 1153. STATE REALLOCATION OF FUNDS. 

2 ‘‘If a State educational agency determines that a 

3 State agency does not need the full amount of the 

4 subgrant for which such State agency is eligible under this 

5 chapter for any fiscal year, the State educational agency 

6 may reallocate the amount that will not be needed to other 

7 eligible State agencies that need additional funds to carry 

8 out the purpose of this chapter, in such amounts as the 

9 State educational agency shall determine. 

10 ‘‘SEC. 1154. STATE PLAN AND STATE AGENCY APPLICA11 TIONS. 

12 ‘‘(a) STATE PLAN.— 

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

14 agency that desires to receive a grant under this 

15 chapter shall submit, for approval by the Secretary, 

16 a plan— 

17 ‘‘(A) for meeting the educational needs of 

18 neglected, delinquent, and at-risk children and 

19 youth; 

20 ‘‘(B) for assisting in the transition of chil21 dren and youth from correctional facilities to lo22 cally operated programs; and 

23 ‘‘(C) that is integrated with other pro24 grams under this Act or other Acts, as appro25 priate. 

26 ‘‘(2) CONTENTS.—Each such State plan shall— 


rfrederick on DSK4SPTVN1PROD with BILLS
120 

•HR 5 IH

1 ‘‘(A) describe how the State will assess the 

2 effectiveness of the program in improving the 

3 academic, career, and technical skills of chil4 dren in the program; 

5 ‘‘(B) provide that, to the extent feasible, 

6 such children will have the same opportunities 

7 to achieve as such children would have if such 

8 children were in the schools of local educational 

9 agencies in the State; 

10 ‘‘(C) describe how the State will place a 

11 priority for such children to obtain a regular 

12 high school diploma, to the extent feasible; and 

13 ‘‘(D) contain an assurance that the State 

14 educational agency will— 

15 ‘‘(i) ensure that programs assisted 

16 under this chapter will be carried out in 

17 accordance with the State plan described 

18 in this subsection; 

19 ‘‘(ii) carry out the evaluation require20 ments of section 1171; and 

21 ‘‘(iii) ensure that the State agencies 

22 receiving subgrants under this chapter 

23 comply with all applicable statutory and 

24 regulatory requirements. 


rfrederick on DSK4SPTVN1PROD with BILLS
121 

•HR 5 IH

1 ‘‘(3) DURATION OF THE PLAN.—Each such 

2 State plan shall— 

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

4 the State’s participation under this chapter; 

5 and 

6 ‘‘(B) be periodically reviewed and revised 

7 by the State, as necessary, to reflect changes in 

8 the State’s strategies and programs under this 

9 chapter. 

10 ‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 

11 ‘‘(1) SECRETARIAL APPROVAL.—The Secretary 

12 shall approve each State plan that meets the re13 quirements of this chapter. 

14 ‘‘(2) PEER REVIEW.—The Secretary may review 

15 any State plan with the assistance and advice of in16 dividuals with relevant expertise. 

17 ‘‘(c) STATE AGENCY APPLICATIONS.—Any State 

18 agency that desires to receive funds to carry out a pro19 gram under this chapter shall submit an application to 

20 the State educational agency that— 

21 ‘‘(1) describes the procedures to be used, con22 sistent with the State plan under section 1111, to 

23 assess the educational needs of the children to be 

24 served under this chapter; 


rfrederick on DSK4SPTVN1PROD with BILLS
122 

•HR 5 IH

1 ‘‘(2) provide an assurance that in making serv2 ices available to children and youth in adult correc3 tional institutions, priority will be given to such chil4 dren and youth who are likely to complete incarcer5 ation within a 2-year period; 

6 ‘‘(3) describes the program, including a budget 

7 for the first year of the program, with annual up8 dates to be provided to the State educational agency; 

9 ‘‘(4) describes how the program will meet the 

10 goals and objectives of the State plan; 

11 ‘‘(5) describes how the State agency will consult 

12 with experts and provide the necessary training for 

13 appropriate staff, to ensure that the planning and 

14 operation of institution-wide projects under section 

15 1156 are of high quality; 

16 ‘‘(6) describes how the programs will be coordi17 nated with other appropriate State and Federal pro18 grams, such as programs under title I of Public Law 

19 105–220, career and technical education programs, 

20 State and local dropout prevention programs, and 

21 special education programs; 

22 ‘‘(7) describes how the State agency will en23 courage correctional facilities receiving funds under 

24 this chapter to coordinate with local educational 

25 agencies or alternative education programs attended 


rfrederick on DSK4SPTVN1PROD with BILLS
123 

•HR 5 IH

1 by incarcerated children and youth prior to and after 

2 their incarceration to ensure that student assess3 ments and appropriate academic records are shared 

4 jointly between the correctional facility and the local 

5 educational agency or alternative education program; 

6 ‘‘(8) describes how appropriate professional de7 velopment will be provided to teachers and other 

8 staff; 

9 ‘‘(9) designates an individual in each affected 

10 correctional facility or institution for neglected or 

11 delinquent children and youth to be responsible for 

12 issues relating to the transition of such children and 

13 youth from such facility or institution to locally op14 erated programs; 

15 ‘‘(10) describes how the State agency will en16 deavor to coordinate with businesses for training and 

17 mentoring for participating children and youth; 

18 ‘‘(11) provides an assurance that the State 

19 agency will assist in locating alternative programs 

20 through which students can continue their education 

21 if the students are not returning to school after leav22 ing the correctional facility or institution for ne23 glected or delinquent children and youth; 

24 ‘‘(12) provides assurances that the State agency 

25 will work with parents to secure parents’ assistance 


rfrederick on DSK4SPTVN1PROD with BILLS
124 

•HR 5 IH

1 in improving the educational achievement of their 

2 children and youth, and preventing their children’s 

3 and youth’s further involvement in delinquent activi4 ties; 

5 ‘‘(13) provides an assurance that the State 

6 agency will work with children and youth with dis7 abilities in order to meet an existing individualized 

8 education program and an assurance that the agen9 cy will notify the child’s or youth’s local school if the 

10 child or youth— 

11 ‘‘(A) is identified as in need of special edu12 cation services while the child or youth is in the 

13 correctional facility or institution for neglected 

14 or delinquent children and youth; and 

15 ‘‘(B) intends to return to the local school; 

16 ‘‘(14) provides an assurance that the State 

17 agency will work with children and youth who 

18 dropped out of school before entering the correc19 tional facility or institution for neglected or delin20 quent children and youth to encourage the children 

21 and youth to reenter school and obtain a regular 

22 high school diploma once the term of the incarcer23 ation is completed, or provide the child or youth with 

24 the skills necessary to gain employment, continue 

25 the education of the child or youth, or obtain a regVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
125 

•HR 5 IH

1 ular high school diploma or its recognized equivalent 

2 if the child or youth does not intend to return to 

3 school; 

4 ‘‘(15) provides an assurance that effective 

5 teachers and other qualified staff are trained to 

6 work with children and youth with disabilities and 

7 other students with special needs taking into consid8 eration the unique needs of such students; 

9 ‘‘(16) describes any additional services to be 

10 provided to children and youth, such as career coun11 seling, distance education, and assistance in securing 

12 student loans and grants; and 

13 ‘‘(17) provides an assurance that the program 

14 under this chapter will be coordinated with any pro15 grams operated under the Juvenile Justice and De16 linquency Prevention Act of 1974 (42 U.S.C. 5601 

17 et seq.) or other comparable programs, if applicable. 

18 ‘‘SEC. 1155. USE OF FUNDS. 

19 ‘‘(a) USES.— 

20 ‘‘(1) IN GENERAL.—A State agency shall use 

21 funds received under this chapter only for programs 

22 and projects that— 

23 ‘‘(A) are consistent with the State plan 

24 under section 1154(a); and 


rfrederick on DSK4SPTVN1PROD with BILLS
126 

•HR 5 IH

1 ‘‘(B) concentrate on providing participants 

2 with the knowledge and skills needed to make 

3 a successful transition to secondary school com4 pletion, career and technical education, further 

5 education, or employment without the need for 

6 remediation. 

7 ‘‘(2) PROGRAMS AND PROJECTS.—Such pro8 grams and projects— 

9 ‘‘(A) may include the acquisition of equip10 ment; 

11 ‘‘(B) shall be designed to support edu12 cational services that— 

13 ‘‘(i) except for institution-wide 

14 projects under section 1156, are provided 

15 to children and youth identified by the 

16 State agency as failing, or most at-risk of 

17 failing, to meet the State’s academic stand18 ards; 

19 ‘‘(ii) supplement and improve the 

20 quality of the educational services provided 

21 to such children and youth by the State 

22 agency; and 

23 ‘‘(iii) afford such children and youth 

24 an opportunity to meet State academic 

25 standards; and 


rfrederick on DSK4SPTVN1PROD with BILLS
127 

•HR 5 IH

1 ‘‘(C) shall be carried out in a manner con2 sistent with section 1120A and part C (as ap3 plied to programs and projects under this chap4 ter). 

5 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program 

6 under this chapter that supplements the number of hours 

7 of instruction students receive from State and local 

8 sources shall be considered to comply with the supplement, 

9 not supplant the requirement of section 1120A (as applied 

10 to this chapter) without regard to the subject areas in 

11 which instruction is given during those hours. 

12 ‘‘SEC. 1156. INSTITUTION-WIDE PROJECTS. 

13 ‘‘A State agency that provides free public education 

14 for children and youth in an institution for neglected or 

15 delinquent children and youth (other than an adult correc16 tional institution) or attending a community day program 

17 for such children and youth may use funds received under 

18 this chapter to serve all children in, and upgrade the entire 

19 educational effort of, that institution or program if the 

20 State agency has developed, and the State educational 

21 agency has approved, a comprehensive plan for that insti22 tution or program that— 

23 ‘‘(1) provides for a comprehensive assessment 

24 of the educational needs of all children and youth in 

25 the institution or program serving juveniles; 


rfrederick on DSK4SPTVN1PROD with BILLS
128 

•HR 5 IH

1 ‘‘(2) provides for a comprehensive assessment 

2 of the educational needs of youth aged 20 and 

3 younger in adult facilities who are expected to com4 plete incarceration within a 2-year period; 

5 ‘‘(3) describes the steps the State agency has 

6 taken, or will take, to provide all children and youth 

7 under age 21 with the opportunity to meet State 

8 academic standards in order to improve the likeli9 hood that the children and youth will complete sec10 ondary school, obtain a regular high school diploma 

11 or its recognized equivalent, or find employment 

12 after leaving the institution; 

13 ‘‘(4) describes the instructional program, spe14 cialized instructional support services, and proce15 dures that will be used to meet the needs described 

16 in paragraph (1), including, to the extent feasible, 

17 the provision of mentors for the children and youth 

18 described in paragraph (1); 

19 ‘‘(5) specifically describes how such funds will 

20 be used; 

21 ‘‘(6) describes the measures and procedures 

22 that will be used to assess and improve student 

23 achievement; 

24 ‘‘(7) describes how the agency has planned, and 

25 will implement and evaluate, the institution-wide or 


rfrederick on DSK4SPTVN1PROD with BILLS
129 

•HR 5 IH

1 program-wide project in consultation with personnel 

2 providing direct instructional services and support 

3 services in institutions or community day programs 

4 for neglected or delinquent children and youth, and 

5 with personnel from the State educational agency; 

6 and 

7 ‘‘(8) includes an assurance that the State agen8 cy has provided for appropriate training for teachers 

9 and other instructional and administrative personnel 

10 to enable such teachers and personnel to carry out 

11 the project effectively. 

12 ‘‘SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS. 

13 ‘‘If a State agency operates a program or project 

14 under this chapter in which individual children or youth 

15 are likely to participate for more than one year, the State 

16 educational agency may approve the State agency’s appli17 cation for a subgrant under this chapter for a period of 

18 not more than 3 years. 

19 ‘‘SEC. 1158. TRANSITION SERVICES. 

20 ‘‘(a) TRANSITION SERVICES.—Each State agency 

21 shall reserve not less than 15 percent and not more than 

22 30 percent of the amount such agency receives under this 

23 chapter for any fiscal year to support— 


rfrederick on DSK4SPTVN1PROD with BILLS
130 

•HR 5 IH

1 ‘‘(1) projects that facilitate the transition of 

2 children and youth from State-operated institutions 

3 to schools served by local educational agencies; or 

4 ‘‘(2) the successful re-entry of youth offenders, 

5 who are age 20 or younger and have received a reg6 ular high school diploma or its recognized equiva7 lent, into postsecondary education, or career and 

8 technical training programs, through strategies de9 signed to expose the youth to, and prepare the youth 

10 for, postsecondary education, or career and technical 

11 training programs, such as— 

12 ‘‘(A) preplacement programs that allow ad13 judicated or incarcerated youth to audit or at14 tend courses on college, university, or commu15 nity college campuses, or through programs 

16 provided in institutional settings; 

17 ‘‘(B) worksite schools, in which institutions 

18 of higher education and private or public em19 ployers partner to create programs to help stu20 dents make a successful transition to postsec21 ondary education and employment; and 

22 ‘‘(C) essential support services to ensure 

23 the success of the youth, such as— 

24 ‘‘(i) personal, career and technical, 

25 and academic counseling; 


rfrederick on DSK4SPTVN1PROD with BILLS
131 

•HR 5 IH

1 ‘‘(ii) placement services designed to 

2 place the youth in a university, college, or 

3 junior college program; 

4 ‘‘(iii) information concerning, and as5 sistance in obtaining, available student fi6 nancial aid; 

7 ‘‘(iv) counseling services; and 

8 ‘‘(v) job placement services. 

9 ‘‘(b) CONDUCT OF PROJECTS.—A project supported 

10 under this section may be conducted directly by the State 

11 agency, or through a contract or other arrangement with 

12 one or more local educational agencies, other public agen13 cies, or private organizations. 

14 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed to prohibit a school that receives 

16 funds under subsection (a) from serving neglected and de17 linquent children and youth simultaneously with students 

18 with similar educational needs, in the same educational 

19 settings where appropriate. 

20 ‘‘SEC. 1159. TECHNICAL ASSISTANCE. 

21 ‘‘The Secretary shall reserve not more than 1 percent 

22 of the amount reserved under section 1141 to provide 

23 technical assistance to and support State agency programs 

24 assisted under this chapter. 


rfrederick on DSK4SPTVN1PROD with BILLS
132 

•HR 5 IH

1 ‘‘CHAPTER B—LOCAL AGENCY PROGRAMS 

2 ‘‘SEC. 1161. PURPOSE. 

3 ‘‘The purpose of this chapter is to support the oper4 ation of local educational agency programs that involve 

5 collaboration with locally operated correctional facilities— 

6 ‘‘(1) to carry out high quality education pro7 grams to prepare children and youth for secondary 

8 school completion, training, employment, or further 

9 education; 

10 ‘‘(2) to provide activities to facilitate the transi11 tion of such children and youth from the correctional 

12 program to further education or employment; and 

13 ‘‘(3) to operate programs in local schools for 

14 children and youth returning from correctional facili15 ties, and programs which may serve at-risk children 

16 and youth. 

17 ‘‘SEC. 1162. PROGRAMS OPERATED BY LOCAL EDU18 CATIONAL AGENCIES. 

19 ‘‘(a) LOCAL SUBGRANTS.—With funds made avail20 able under section 1142(b), the State educational agency 

21 shall award subgrants to local educational agencies with 

22 high numbers or percentages of children and youth resid23 ing in locally operated (including county operated) correc24 tional facilities for children and youth (including facilities 

25 involved in community day programs). 


rfrederick on DSK4SPTVN1PROD with BILLS
133 

•HR 5 IH

1 ‘‘(b) SPECIAL RULE.—A local educational agency 

2 that serves a school operated by a correctional facility is 

3 not required to operate a program of support for children 

4 and youth returning from such school to a school that is 

5 not operated by a correctional agency but served by such 

6 local educational agency, if more than 30 percent of the 

7 children and youth attending the school operated by the 

8 correctional facility will reside outside the boundaries 

9 served by the local educational agency after leaving such 

10 facility. 

11 ‘‘(c) NOTIFICATION.—A State educational agency 

12 shall notify local educational agencies within the State of 

13 the eligibility of such agencies to receive a subgrant under 

14 this chapter. 

15 ‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.— 

16 Transitional and supportive programs operated in local 

17 educational agencies under this chapter shall be designed 

18 primarily to meet the transitional and academic needs of 

19 students returning to local educational agencies or alter20 native education programs from correctional facilities. 

21 Services to students at-risk of dropping out of school shall 

22 not have a negative impact on meeting the transitional and 

23 academic needs of the students returning from correc24 tional facilities. 


rfrederick on DSK4SPTVN1PROD with BILLS
134 

•HR 5 IH

1 ‘‘SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

2 ‘‘Each local educational agency desiring assistance 

3 under this chapter shall submit an application to the State 

4 educational agency that contains such information as the 

5 State educational agency may require. Each such applica6 tion shall include— 

7 ‘‘(1) a description of the program to be as8 sisted; 

9 ‘‘(2) a description of formal agreements, re10 garding the program to be assisted, between— 

11 ‘‘(A) the local educational agency; and 

12 ‘‘(B) correctional facilities and alternative 

13 school programs serving children and youth in14 volved with the juvenile justice system; 

15 ‘‘(3) as appropriate, a description of how par16 ticipating schools will coordinate with facilities work17 ing with delinquent children and youth to ensure 

18 that such children and youth are participating in an 

19 education program comparable to one operating in 

20 the local school such youth would attend; 

21 ‘‘(4) a description of the program operated by 

22 participating schools for children and youth return23 ing from correctional facilities and, as appropriate, 

24 the types of services that such schools will provide 

25 such children and youth and other at-risk children 

26 and youth; 


rfrederick on DSK4SPTVN1PROD with BILLS
135 

•HR 5 IH

1 ‘‘(5) a description of the characteristics (includ2 ing learning difficulties, substance abuse problems, 

3 and other needs) of the children and youth who will 

4 be returning from correctional facilities and, as ap5 propriate, other at-risk children and youth expected 

6 to be served by the program, and a description of 

7 how the school will coordinate existing educational 

8 programs to meet the unique educational needs of 

9 such children and youth; 

10 ‘‘(6) as appropriate, a description of how 

11 schools will coordinate with existing social, health, 

12 and other services to meet the needs of students re13 turning from correctional facilities and at-risk chil14 dren or youth, including prenatal health care and 

15 nutrition services related to the health of the parent 

16 and the child or youth, parenting and child develop17 ment classes, child care, targeted reentry and out18 reach programs, referrals to community resources, 

19 and scheduling flexibility; 

20 ‘‘(7) as appropriate, a description of any part21 nerships with local businesses to develop training, 

22 curriculum-based youth entrepreneurship education, 

23 and mentoring services for participating students; 

24 ‘‘(8) as appropriate, a description of how the 

25 program will involve parents in efforts to improve 


rfrederick on DSK4SPTVN1PROD with BILLS
136 

•HR 5 IH

1 the educational achievement of their children, assist 

2 in dropout prevention activities, and prevent the in3 volvement of their children in delinquent activities; 

4 ‘‘(9) a description of how the program under 

5 this chapter will be coordinated with other Federal, 

6 State, and local programs, such as programs under 

7 title I of Public Law 105–220 and career and tech8 nical education programs serving at-risk children 

9 and youth; 

10 ‘‘(10) a description of how the program will be 

11 coordinated with programs operated under the Juve12 nile Justice and Delinquency Prevention Act of 1974 

13 and other comparable programs, if applicable; 

14 ‘‘(11) as appropriate, a description of how 

15 schools will work with probation officers to assist in 

16 meeting the needs of children and youth returning 

17 from correctional facilities; 

18 ‘‘(12) a description of the efforts participating 

19 schools will make to ensure correctional facilities 

20 working with children and youth are aware of a 

21 child’s or youth’s existing individualized education 

22 program; and 

23 ‘‘(13) as appropriate, a description of the steps 

24 participating schools will take to find alternative 

25 placements for children and youth interested in conVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
137 

•HR 5 IH

1 tinuing their education but unable to participate in 

2 a traditional public school program. 

3 ‘‘SEC. 1164. USES OF FUNDS. 

4 ‘‘Funds provided to local educational agencies under 

5 this chapter may be used, as appropriate, for— 

6 ‘‘(1) programs that serve children and youth re7 turning to local schools from correctional facilities, 

8 to assist in the transition of such children and youth 

9 to the school environment and help them remain in 

10 school in order to complete their education; 

11 ‘‘(2) dropout prevention programs which serve 

12 at-risk children and youth; 

13 ‘‘(3) the coordination of health and social serv14 ices for such individuals if there is a likelihood that 

15 the provision of such services, including day care, 

16 drug and alcohol counseling, and mental health serv17 ices, will improve the likelihood such individuals will 

18 complete their education; 

19 ‘‘(4) special programs to meet the unique aca20 demic needs of participating children and youth, in21 cluding career and technical education, special edu22 cation, career counseling, curriculum-based youth 

23 entrepreneurship education, and assistance in secur24 ing student loans or grants for postsecondary edu25 cation; and 


rfrederick on DSK4SPTVN1PROD with BILLS
138 

•HR 5 IH

1 ‘‘(5) programs providing mentoring and peer 

2 mediation. 

3 ‘‘SEC. 1165. PROGRAM REQUIREMENTS FOR CORREC4 TIONAL FACILITIES RECEIVING FUNDS 

5 UNDER THIS SECTION. 

6 ‘‘Each correctional facility entering into an agree7 ment with a local educational agency under section 

8 1163(2) to provide services to children and youth under 

9 this chapter shall— 

10 ‘‘(1) where feasible, ensure that educational 

11 programs in the correctional facility are coordinated 

12 with the student’s home school, particularly with re13 spect to a student with an individualized education 

14 program under part B of the Individuals with Dis15 abilities Education Act; 

16 ‘‘(2) if the child or youth is identified as in 

17 need of special education services while in the cor18 rectional facility, notify the local school of the child 

19 or youth of such need; 

20 ‘‘(3) where feasible, provide transition assist21 ance to help the child or youth stay in school, in22 cluding coordination of services for the family, coun23 seling, assistance in accessing drug and alcohol 

24 abuse prevention programs, tutoring, and family 

25 counseling; 


rfrederick on DSK4SPTVN1PROD with BILLS
139 

•HR 5 IH

1 ‘‘(4) provide support programs that encourage 

2 children and youth who have dropped out of school 

3 to re-enter school and obtain a regular high school 

4 diploma once their term at the correctional facility 

5 has been completed, or provide such children and 

6 youth with the skills necessary to gain employment 

7 or seek a regular high school diploma or its recog8 nized equivalent; 

9 ‘‘(5) work to ensure that the correctional facil10 ity is staffed with effective teachers and other quali11 fied staff who are trained to work with children and 

12 youth with disabilities taking into consideration the 

13 unique needs of such children and youth; 

14 ‘‘(6) ensure that educational programs in the 

15 correctional facility are related to assisting students 

16 to meet the States’s academic standards; 

17 ‘‘(7) to the extent possible, use technology to 

18 assist in coordinating educational programs between 

19 the correctional facility and the community school; 

20 ‘‘(8) where feasible, involve parents in efforts to 

21 improve the educational achievement of their chil22 dren and prevent the further involvement of such 

23 children in delinquent activities; 

24 ‘‘(9) coordinate funds received under this chap25 ter with other local, State, and Federal funds availVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
140 

•HR 5 IH

1 able to provide services to participating children and 

2 youth, such as funds made available under title I of 

3 Public Law 105–220, and career and technical edu4 cation funds; 

5 ‘‘(10) coordinate programs operated under this 

6 chapter with activities funded under the Juvenile 

7 Justice and Delinquency Prevention Act of 1974 and 

8 other comparable programs, if applicable; 

9 ‘‘(11) if appropriate, work with local businesses 

10 to develop training, curriculum-based youth entre11 preneurship education, and mentoring programs for 

12 children and youth; and 

13 ‘‘(12) consult with the local educational agency 

14 for a period jointly determined necessary by the cor15 rectional facility and local educational agency upon 

16 discharge from that facility to coordinate educational 

17 services so as to minimize disruption to the child’s 

18 or youth’s achievement. 

19 ‘‘SEC. 1166. ACCOUNTABILITY. 

20 ‘‘The State educational agency— 

21 ‘‘(1) may require correctional facilities or insti22 tutions for neglected or delinquent children and 

23 youth to demonstrate, after receiving assistance 

24 under this chapter for 3 years, that there has been 

25 an increase in the number of children and youth reVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
141 

•HR 5 IH

1 turning to school, obtaining a regular high school di2 ploma or its recognized equivalent, or obtaining em3 ployment after such children and youth are released; 

4 and 

5 ‘‘(2) may reduce or terminate funding for 

6 projects under this chapter if a local educational 

7 agency does not show progress in the number of 

8 children and youth obtaining a regular high school 

9 diploma or its recognized equivalent. 

10 ‘‘CHAPTER C—GENERAL PROVISIONS 

11 ‘‘SEC. 1171. PROGRAM EVALUATIONS. 

12 ‘‘(a) SCOPE OF EVALUATION.—Each State agency or 

13 local educational agency that conducts a program under 

14 chapters A or B shall evaluate the program, 

15 disaggregating data on participation by gender, race, eth16 nicity, and age, not less than once every 3 years, to deter17 mine the program’s impact on the ability of participants— 

18 ‘‘(1) to maintain and improve educational 

19 achievement; 

20 ‘‘(2) to accrue school credits that meet State re21 quirements for grade promotion and high school 

22 graduation; 

23 ‘‘(3) to make the transition to a regular pro24 gram or other education program operated by a local 

25 educational agency; 


rfrederick on DSK4SPTVN1PROD with BILLS
142 

•HR 5 IH

1 ‘‘(4) to complete high school (or high school 

2 equivalency requirements) and obtain employment 

3 after leaving the correctional facility or institution 

4 for neglected or delinquent children and youth; and 

5 ‘‘(5) as appropriate, to participate in postsec6 ondary education and job training programs. 

7 ‘‘(b) EXCEPTION.—The disaggregation required 

8 under subsection (a) shall not be required in a case in 

9 which the number of students in a category is insufficient 

10 to yield statistically reliable information or the results 

11 would reveal personally identifiable information about an 

12 individual student. 

13 ‘‘(c) EVALUATION MEASURES.—In conducting each 

14 evaluation under subsection (a), a State agency or local 

15 educational agency shall use multiple and appropriate 

16 measures of student progress. 

17 ‘‘(d) EVALUATION RESULTS.—Each State agency 

18 and local educational agency shall— 

19 ‘‘(1) submit evaluation results to the State edu20 cational agency and the Secretary; and 

21 ‘‘(2) use the results of evaluations under this 

22 section to plan and improve subsequent programs 

23 for participating children and youth. 

24 ‘‘SEC. 1172. DEFINITIONS. 

25 ‘‘In this subpart: 


rfrederick on DSK4SPTVN1PROD with BILLS
143 

•HR 5 IH

1 ‘‘(1) ADULT CORRECTIONAL INSTITUTION.— 

2 The term ‘adult correctional institution’ means a fa3 cility in which persons (including persons under 21 

4 years of age) are confined as a result of a conviction 

5 for a criminal offense. 

6 ‘‘(2) AT-RISK.—The term ‘at-risk’, when used 

7 with respect to a child, youth, or student, means a 

8 school-aged individual who— 

9 ‘‘(A) is at-risk of academic failure; and 

10 ‘‘(B) has a drug or alcohol problem, is 

11 pregnant or is a parent, has come into contact 

12 with the juvenile justice system in the past, is 

13 at least 1 year behind the expected grade level 

14 for the age of the individual, is an English 

15 learner, is a gang member, has dropped out of 

16 school in the past, or has a high absenteeism 

17 rate at school. 

18 ‘‘(3) COMMUNITY DAY PROGRAM.—The term 

19 ‘community day program’ means a regular program 

20 of instruction provided by a State agency at a com21 munity day school operated specifically for neglected 

22 or delinquent children and youth. 

23 ‘‘(4) INSTITUTION FOR NEGLECTED OR DELIN24 QUENT CHILDREN AND YOUTH.—The term ‘instituVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
144 

•HR 5 IH

1 tion for neglected or delinquent children and youth’ 

2 means— 

3 ‘‘(A) a public or private residential facility, 

4 other than a foster home, that is operated for 

5 the care of children who have been committed 

6 to the institution or voluntarily placed in the in7 stitution under applicable State law, due to 

8 abandonment, neglect, or death of their parents 

9 or guardians; or 

10 ‘‘(B) a public or private residential facility 

11 for the care of children who have been adju12 dicated to be delinquent or in need of super13 vision. 

14 ‘‘Subpart 4—English Language Acquisition, 

15 Language Enhancement, and Academic Achievement 

16 ‘‘SEC. 1181. PURPOSES. 

17 ‘‘The purposes of this subpart are— 

18 ‘‘(1) to help ensure that English learners, in19 cluding immigrant children and youth, attain 

20 English proficiency and develop high levels of aca21 demic achievement in English; 

22 ‘‘(2) to assist all English learners, including im23 migrant children and youth, to achieve at high levels 

24 in the core academic subjects so that those children 

25 can meet the same State academic standards that all 


rfrederick on DSK4SPTVN1PROD with BILLS
145 

•HR 5 IH

1 children are expected to meet, consistent with sec2 tion 1111(b)(1); 

3 ‘‘(3) to assist State educational agencies, local 

4 educational agencies, and schools in establishing, im5 plementing, and sustaining high-quality, flexible, evi6 dence-based language instruction educational pro7 grams designed to assist in teaching English learn8 ers, including immigrant children and youth; 

9 ‘‘(4) to assist State educational agencies and 

10 local educational agencies to develop and enhance 

11 their capacity to provide high-quality, evidence-based 

12 instructional programs designed to prepare English 

13 learners, including immigrant children and youth, to 

14 enter all-English instruction settings; and 

15 ‘‘(5) to promote parental and community par16 ticipation in language instruction educational pro17 grams for the parents and communities of English 

18 learners. 

19 ‘‘CHAPTER A—GRANTS AND SUBGRANTS 

20 FOR ENGLISH LANGUAGE ACQUISI21 TION AND LANGUAGE ENHANCEMENT 

22 ‘‘SEC. 1191. FORMULA GRANTS TO STATES. 

23 ‘‘(a) IN GENERAL.—In the case of each State edu24 cational agency having a plan approved by the Secretary 

25 for a fiscal year under section 1192, the Secretary shall 


rfrederick on DSK4SPTVN1PROD with BILLS
146 

•HR 5 IH

1 reserve 4.4 percent of funds appropriated under section 

2 3(a)(1) to make a grant for the year to the agency for 

3 the purposes specified in subsection (b). The grant shall 

4 consist of the allotment determined for the State edu5 cational agency under subsection (c). 

6 ‘‘(b) USE OF FUNDS.— 

7 ‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The 

8 Secretary may make a grant under subsection (a) 

9 only if the State educational agency involved agrees 

10 to expend at least 95 percent of the State edu11 cational agency’s allotment under subsection (c) for 

12 a fiscal year— 

13 ‘‘(A) to award subgrants, from allocations 

14 under section 1193, to eligible entities to carry 

15 out the activities described in section 1194 

16 (other than subsection (e)); and 

17 ‘‘(B) to award subgrants under section 

18 1193(d)(1) to eligible entities that are described 

19 in that section to carry out the activities de20 scribed in section 1194(e). 

21 ‘‘(2) STATE ACTIVITIES.—Subject to paragraph 

22 (3), each State educational agency receiving a grant 

23 under subsection (a) may reserve not more than 5 

24 percent of the agency’s allotment under subsection 

25 (c) to carry out the following activities: 


rfrederick on DSK4SPTVN1PROD with BILLS
147 

•HR 5 IH

1 ‘‘(A) Professional development activities, 

2 and other activities, which may include assisting 

3 personnel in— 

4 ‘‘(i) meeting State and local certifi5 cation and licensing requirements for 

6 teaching English learners; and 

7 ‘‘(ii) improving teacher skills in meet8 ing the diverse needs of English learners, 

9 including in how to implement evidence10 based programs and curricula on teaching 

11 English learners. 

12 ‘‘(B) Planning, evaluation, administration, 

13 and interagency coordination related to the sub14 grants referred to in paragraph (1). 

15 ‘‘(C) Providing technical assistance and 

16 other forms of assistance to eligible entities that 

17 are receiving subgrants from a State edu18 cational agency under this chapter, including 

19 assistance in— 

20 ‘‘(i) identifying and implementing evi21 dence-based language instruction edu22 cational programs and curricula for teach23 ing English learners; 


rfrederick on DSK4SPTVN1PROD with BILLS
148 

•HR 5 IH

1 ‘‘(ii) helping English learners meet 

2 the same State academic standards that all 

3 children are expected to meet; 

4 ‘‘(iii) identifying or developing, and 

5 implementing, measures of English pro6 ficiency; and 

7 ‘‘(iv) strengthening and increasing 

8 parent, family, and community engage9 ment. 

10 ‘‘(D) Providing recognition, which may in11 clude providing financial awards, to subgrantees 

12 that have significantly improved the achieve13 ment and progress of English learners in— 

14 ‘‘(i) reaching English language pro15 ficiency, based on the State’s English lan16 guage proficiency assessment under section 

17 1111(b)(2)(D); and 

18 ‘‘(ii) meeting the State academic 

19 standards under section 1111(b)(1). 

20 ‘‘(3) ADMINISTRATIVE EXPENSES.—From the 

21 amount reserved under paragraph (2), a State edu22 cational agency may use not more than 40 percent 

23 of such amount or $175,000, whichever is greater, 

24 for the planning and administrative costs of carrying 

25 out paragraphs (1) and (2). 


rfrederick on DSK4SPTVN1PROD with BILLS
149 

•HR 5 IH

1 ‘‘(c) RESERVATIONS AND ALLOTMENTS.— 

2 ‘‘(1) RESERVATIONS.—From the amount re3 served under section 1191(a) for each fiscal year, 

4 the Secretary shall reserve— 

5 ‘‘(A) 0.5 percent of such amount for pay6 ments to outlying areas, to be allotted in ac7 cordance with their respective needs for assist8 ance under this chapter, as determined by the 

9 Secretary, for activities, approved by the Sec10 retary, consistent with this chapter; and 

11 ‘‘(B) 6.5 percent of such amount for na12 tional activities under sections 1211 and 1222, 

13 except that not more than $2,000,000 of such 

14 amount may be reserved for the National Clear15 inghouse for English Language Acquisition and 

16 Language Instruction Educational Programs 

17 described in section 1222. 

18 ‘‘(2) STATE ALLOTMENTS.— 

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

20 subparagraph (B), from the amount reserved 

21 under section 1191(a) for each fiscal year that 

22 remains after making the reservations under 

23 paragraph (1), the Secretary shall allot to each 

24 State educational agency having a plan ap25 proved under section 1192(c)— 


rfrederick on DSK4SPTVN1PROD with BILLS
150 

•HR 5 IH

1 ‘‘(i) an amount that bears the same 

2 relationship to 80 percent of the remainder 

3 as the number of English learners in the 

4 State bears to the number of such children 

5 in all States, as determined by data avail6 able from the American Community Survey 

7 conducted by the Department of Commerce 

8 or State-reported data; and 

9 ‘‘(ii) an amount that bears the same 

10 relationship to 20 percent of the remainder 

11 as the number of immigrant children and 

12 youth in the State bears to the number of 

13 such children and youth in all States, as 

14 determined based only on data available 

15 from the American Community Survey 

16 conducted by the Department of Com17 merce. 

18 ‘‘(B) MINIMUM ALLOTMENTS.—No State 

19 educational agency shall receive an allotment 

20 under this paragraph that is less than 

21 $500,000. 

22 ‘‘(C) REALLOTMENT.—If any State edu23 cational agency described in subparagraph (A) 

24 does not submit a plan to the Secretary for a 

25 fiscal year, or submits a plan (or any amendVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
151 

•HR 5 IH

1 ment to a plan) that the Secretary, after rea2 sonable notice and opportunity for a hearing, 

3 determines does not satisfy the requirements of 

4 this chapter, the Secretary shall reallot any por5 tion of such allotment to the remaining State 

6 educational agencies in accordance with sub7 paragraph (A). 

8 ‘‘(D) SPECIAL RULE FOR PUERTO RICO.— 

9 The total amount allotted to Puerto Rico for 

10 any fiscal year under subparagraph (A) shall 

11 not exceed 0.5 percent of the total amount al12 lotted to all States for that fiscal year. 

13 ‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 

14 making State allotments under paragraph (2) for 

15 each fiscal year, the Secretary shall determine the 

16 number of English learners in a State and in all 

17 States, using the most accurate, up-to-date data, 

18 which shall be— 

19 ‘‘(A) data from the American Community 

20 Survey conducted by the Department of Com21 merce, which may be multiyear estimates; 

22 ‘‘(B) the number of students being as23 sessed for English language proficiency, based 

24 on the State’s English language proficiency asVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
152 

•HR 5 IH

1 sessment under section 1111(b)(2)(D), which 

2 may be multiyear estimates; or 

3 ‘‘(C) a combination of data available under 

4 subparagraphs (A) and (B). 

5 ‘‘SEC. 1192. STATE EDUCATIONAL AGENCY PLANS. 

6 ‘‘(a) PLAN REQUIRED.—Each State educational 

7 agency desiring a grant under this chapter shall submit 

8 a plan to the Secretary at such time and in such manner 

9 as the Secretary may require. 

10 ‘‘(b) CONTENTS.—Each plan submitted under sub11 section (a) shall— 

12 ‘‘(1) describe the process that the agency will 

13 use in awarding subgrants to eligible entities under 

14 section 1193(d)(1); 

15 ‘‘(2) provide an assurance that— 

16 ‘‘(A) the agency will ensure that eligible 

17 entities receiving a subgrant under this chapter 

18 comply with the requirement in section 

19 1111(b)(2)(B)(x) to annually assess in English 

20 learners who have been in the United States for 

21 3 or more consecutive years; 

22 ‘‘(B) the agency will ensure that eligible 

23 entities receiving a subgrant under this chapter 

24 annually assess the English proficiency of all 

25 English learners participating in a program 


rfrederick on DSK4SPTVN1PROD with BILLS
153 

•HR 5 IH

1 funded under this chapter, consistent with sec2 tion 1111(b)(2)(D); 

3 ‘‘(C) in awarding subgrants under section 

4 1193, the agency will address the needs of 

5 school systems of all sizes and in all geographic 

6 areas, including school systems with rural and 

7 urban schools; 

8 ‘‘(D) subgrants to eligible entities under 

9 section 1193(d)(1) will be of sufficient size and 

10 scope to allow such entities to carry out high11 quality, evidence-based language instruction 

12 educational programs for English learners; 

13 ‘‘(E) the agency will require an eligible en14 tity receiving a subgrant under this chapter to 

15 use the subgrant in ways that will build such 

16 recipient’s capacity to continue to offer high17 quality evidence-based language instruction edu18 cational programs that assist English learners 

19 in meeting State academic standards; 

20 ‘‘(F) the agency will monitor the eligible 

21 entity receiving a subgrant under this chapter 

22 for compliance with applicable Federal fiscal re23 quirements; and 

24 ‘‘(G) the plan has been developed in con25 sultation with local educational agencies, teachVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
154 

•HR 5 IH

1 ers, administrators of programs implemented 

2 under this chapter, parents, and other relevant 

3 stakeholders; 

4 ‘‘(3) describe how the agency will coordinate its 

5 programs and activities under this chapter with 

6 other programs and activities under this Act and 

7 other Acts, as appropriate; 

8 ‘‘(4) describe how eligible entities in the State 

9 will be given the flexibility to teach English learn10 ers— 

11 ‘‘(A) using a high-quality, evidence-based 

12 language instruction curriculum for teaching 

13 English learners; and 

14 ‘‘(B) in the manner the eligible entities de15 termine to be the most effective; and 

16 ‘‘(5) describe how the agency will assist eligible 

17 entities in increasing the number of English learners 

18 who acquire English proficiency. 

19 ‘‘(c) APPROVAL.—The Secretary, after using a peer 

20 review process, shall approve a plan submitted under sub21 section (a) if the plan meets the requirements of this sec22 tion. 

23 ‘‘(d) DURATION OF PLAN.— 


rfrederick on DSK4SPTVN1PROD with BILLS
155 

•HR 5 IH

1 ‘‘(1) IN GENERAL.—Each plan submitted by a 

2 State educational agency and approved under sub3 section (c) shall— 

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

5 the agency’s participation under this chapter; 

6 and 

7 ‘‘(B) be periodically reviewed and revised 

8 by the agency, as necessary, to reflect changes 

9 to the agency’s strategies and programs carried 

10 out under this subpart. 

11 ‘‘(2) ADDITIONAL INFORMATION.— 

12 ‘‘(A) AMENDMENTS.—If the State edu13 cational agency amends the plan, the agency 

14 shall submit such amendment to the Secretary. 

15 ‘‘(B) APPROVAL.—The Secretary shall ap16 prove such amendment to an approved plan, 

17 unless the Secretary determines that the 

18 amendment will result in the agency not meet19 ing the requirements, or fulfilling the purposes, 

20 of this subpart. 

21 ‘‘(e) CONSOLIDATED PLAN.—A plan submitted under 

22 subsection (a) may be submitted as part of a consolidated 

23 plan under section 5302. 


rfrederick on DSK4SPTVN1PROD with BILLS
156 

•HR 5 IH

1 ‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall 

2 provide technical assistance, if requested, in the develop3 ment of English proficiency standards and assessments. 

4 ‘‘SEC. 1193. WITHIN-STATE ALLOCATIONS. 

5 ‘‘(a) IN GENERAL.—After making the reservation re6 quired under subsection (d)(1), each State educational 

7 agency receiving a grant under section 1191(c)(2) shall 

8 award subgrants for a fiscal year by allocating in a timely 

9 manner to each eligible entity in the State having a plan 

10 approved under section 1195 an amount that bears the 

11 same relationship to the amount received under the grant 

12 and remaining after making such reservation as the popu13 lation of English learners in schools served by the eligible 

14 entity bears to the population of English learners in 

15 schools served by all eligible entities in the State. 

16 ‘‘(b) LIMITATION.—A State educational agency shall 

17 not award a subgrant from an allocation made under sub18 section (a) if the amount of such subgrant would be less 

19 than $10,000. 

20 ‘‘(c) REALLOCATION.—Whenever a State educational 

21 agency determines that an amount from an allocation 

22 made to an eligible entity under subsection (a) for a fiscal 

23 year will not be used by the entity for the purpose for 

24 which the allocation was made, the agency shall, in accord25 ance with such rules as it determines to be appropriate, 


rfrederick on DSK4SPTVN1PROD with BILLS
157 

•HR 5 IH

1 reallocate such amount, consistent with such subsection, 

2 to other eligible entities in the State that the agency deter3 mines will use the amount to carry out that purpose. 

4 ‘‘(d) REQUIRED RESERVATION.—A State educational 

5 agency receiving a grant under this chapter for a fiscal 

6 year— 

7 ‘‘(1) shall reserve not more than 15 percent of 

8 the agency’s allotment under section 1191(c)(2) to 

9 award subgrants to eligible entities in the State that 

10 have experienced a significant increase, as compared 

11 to the average of the 2 preceding fiscal years, in the 

12 percentage or number of immigrant children and 

13 youth, who have enrolled, during the fiscal year pre14 ceding the fiscal year for which the subgrant is 

15 made, in public and nonpublic elementary schools 

16 and secondary schools in the geographic areas under 

17 the jurisdiction of, or served by, such entities; and 

18 ‘‘(2) in awarding subgrants under paragraph 

19 (1)— 

20 ‘‘(A) shall equally consider eligible entities 

21 that satisfy the requirement of such paragraph 

22 but have limited or no experience in serving im23 migrant children and youth; and 

24 ‘‘(B) shall consider the quality of each 

25 local plan under section 1195 and ensure that 


rfrederick on DSK4SPTVN1PROD with BILLS
158 

•HR 5 IH

1 each subgrant is of sufficient size and scope to 

2 meet the purposes of this subpart. 

3 ‘‘SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES. 

4 ‘‘(a) PURPOSES OF SUBGRANTS.—A State edu5 cational agency may make a subgrant to an eligible entity 

6 from funds received by the agency under this chapter only 

7 if the entity agrees to expend the funds to improve the 

8 education of English learners, by assisting the children to 

9 learn English and meet State academic standards. In car10 rying out activities with such funds, the eligible entity 

11 shall use evidence-based approaches and methodologies for 

12 teaching English learners and immigrant children and 

13 youth for the following purposes: 

14 ‘‘(1) Developing and implementing new lan15 guage instruction educational programs and aca16 demic content instruction programs for English 

17 learners and immigrant children and youth, includ18 ing programs of early childhood education, elemen19 tary school programs, and secondary school pro20 grams. 

21 ‘‘(2) Carrying out highly focused, innovative, lo22 cally designed, evidence-based activities to expand or 

23 enhance existing language instruction educational 

24 programs and academic content instruction proVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
159 

•HR 5 IH

1 grams for English learners and immigrant children 

2 and youth. 

3 ‘‘(3) Implementing, within an individual school, 

4 schoolwide programs for restructuring, reforming, 

5 and upgrading all relevant programs, activities, and 

6 operations relating to language instruction edu7 cational programs and academic content instruction 

8 for English learners and immigrant children and 

9 youth. 

10 ‘‘(4) Implementing, within the entire jurisdic11 tion of a local educational agency, agencywide pro12 grams for restructuring, reforming, and upgrading 

13 all relevant programs, activities, and operations re14 lating to language instruction educational programs 

15 and academic content instruction for English learn16 ers and immigrant children and youth. 

17 ‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible en18 tity receiving funds under section 1193(a) for a fiscal year 

19 shall use not more than 2 percent of such funds for the 

20 cost of administering this chapter. 

21 ‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi22 ble entity receiving funds under section 1193(a) shall use 

23 the funds— 

24 ‘‘(1) to increase the English language pro25 ficiency of English learners by providing high-qualVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
160 

•HR 5 IH

1 ity, evidence-based language instruction educational 

2 programs that meet the needs of English learners 

3 and have demonstrated success in increasing— 

4 ‘‘(A) English language proficiency; and 

5 ‘‘(B) student academic achievement in the 

6 core academic subjects; 

7 ‘‘(2) to provide high-quality, evidence-based 

8 professional development to classroom teachers (in9 cluding teachers in classroom settings that are not 

10 the settings of language instruction educational pro11 grams), school leaders, administrators, and other 

12 school or community-based organization personnel, 

13 that is— 

14 ‘‘(A) designed to improve the instruction 

15 and assessment of English learners; 

16 ‘‘(B) designed to enhance the ability of 

17 teachers and school leaders to understand and 

18 implement curricula, assessment practices and 

19 measures, and instruction strategies for English 

20 learners; 

21 ‘‘(C) evidence-based in increasing chil22 dren’s English language proficiency or substan23 tially increasing the subject matter knowledge, 

24 teaching knowledge, and teaching skills of 

25 teachers; and 


rfrederick on DSK4SPTVN1PROD with BILLS
161 

•HR 5 IH

1 ‘‘(D) of sufficient intensity and duration 

2 (which shall not include activities such as one3 day or short-term workshops and conferences) 

4 to have a positive and lasting impact on the 

5 teachers’ performance in the classroom, except 

6 that this subparagraph shall not apply to an ac7 tivity that is one component of a long-term, 

8 comprehensive professional development plan 

9 established by a teacher and the teacher’s su10 pervisor based on an assessment of the needs of 

11 the teacher, the supervisor, the students of the 

12 teacher, and any local educational agency em13 ploying the teacher, as appropriate; and 

14 ‘‘(3) to provide and implement other evidence15 based activities and strategies that enhance or sup16 plement language instruction educational programs 

17 for English learners, including parental and commu18 nity engagement activities and strategies that serve 

19 to coordinate and align related programs. 

20 ‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Sub21 ject to subsection (c), an eligible entity receiving funds 

22 under section 1193(a) may use the funds to achieve one 

23 of the purposes described in subsection (a) by undertaking 

24 one or more of the following activities: 


rfrederick on DSK4SPTVN1PROD with BILLS
162 

•HR 5 IH

1 ‘‘(1) Upgrading program objectives and effec2 tive 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 pro16 ficiency and academic achievement of English learn17 ers. 

18 ‘‘(6) Providing community participation pro19 grams, family literacy services, and parent outreach 

20 and training activities to English learners and their 

21 families— 

22 ‘‘(A) to improve the English language 

23 skills of English learners; and 

24 ‘‘(B) to assist parents in helping their chil25 dren to improve their academic achievement 


rfrederick on DSK4SPTVN1PROD with BILLS
163 

•HR 5 IH

1 and becoming active participants in the edu2 cation of their children. 

3 ‘‘(7) Improving the instruction of English learn4 ers by providing for— 

5 ‘‘(A) the acquisition or development of 

6 educational technology or instructional mate7 rials; 

8 ‘‘(B) access to, and participation in, elec9 tronic networks for materials, training, and 

10 communication; and 

11 ‘‘(C) incorporation of the resources de12 scribed in subparagraphs (A) and (B) into cur13 ricula and programs, such as those funded 

14 under this chapter. 

15 ‘‘(8) Carrying out other activities that are con16 sistent with the purposes of this section. 

17 ‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUB18 STANTIAL INCREASES IN IMMIGRANT CHILDREN AND

19 YOUTH.— 

20 ‘‘(1) IN GENERAL.—An eligible entity receiving 

21 funds under section 1193(d)(1) shall use the funds 

22 to pay for activities that provide enhanced instruc23 tional opportunities for immigrant children and 

24 youth, which may include— 


rfrederick on DSK4SPTVN1PROD with BILLS
164 

•HR 5 IH

1 ‘‘(A) family literacy, parent outreach, and 

2 training activities designed to assist parents to 

3 become active participants in the education of 

4 their children; 

5 ‘‘(B) support for personnel, including para6 professionals who have been specifically trained, 

7 or are being trained, to provide services to im8 migrant children and youth; 

9 ‘‘(C) provision of tutorials, mentoring, and 

10 academic or career counseling for immigrant 

11 children and youth; 

12 ‘‘(D) identification, development, and ac13 quisition of curricular materials, educational 

14 software, and technologies to be used in the 

15 program carried out with awarded funds; 

16 ‘‘(E) basic instruction services that are di17 rectly attributable to the presence in the local 

18 educational agency involved of immigrant chil19 dren and youth, including the payment of costs 

20 of providing additional classroom supplies, costs 

21 of transportation, or such other costs as are di22 rectly attributable to such additional basic in23 struction services; 

24 ‘‘(F) other instruction services that are de25 signed to assist immigrant children and youth 


rfrederick on DSK4SPTVN1PROD with BILLS
165 

•HR 5 IH

1 to achieve in elementary schools and secondary 

2 schools in the United States, such as programs 

3 of introduction to the educational system and 

4 civics education; and 

5 ‘‘(G) activities, coordinated with commu6 nity-based organizations, institutions of higher 

7 education, private sector entities, or other enti8 ties with expertise in working with immigrants, 

9 to assist parents of immigrant children and 

10 youth by offering comprehensive community 

11 services. 

12 ‘‘(2) DURATION OF SUBGRANTS.—The duration 

13 of a subgrant made by a State educational agency 

14 under section 1193(d)(1) shall be determined by the 

15 agency in its discretion. 

16 ‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 

17 ‘‘(1) IN GENERAL.—To receive a subgrant from 

18 a State educational agency under this chapter, an el19 igible entity shall select one or more methods or 

20 forms of instruction to be used in the programs and 

21 activities undertaken by the entity to assist English 

22 learners to attain English language proficiency and 

23 meet State academic standards. 

24 ‘‘(2) CONSISTENCY.—Such selection shall be 

25 consistent with sections 1204 through 1206. 


rfrederick on DSK4SPTVN1PROD with BILLS
166 

•HR 5 IH

1 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds 

2 made available under this chapter shall be used so as to 

3 supplement the level of Federal, State, and local public 

4 funds that, in the absence of such availability, would have 

5 been expended for programs for English learners and im6 migrant children and youth and in no case to supplant 

7 such Federal, State, and local public funds. 

8 ‘‘SEC. 1195. LOCAL PLANS. 

9 ‘‘(a) PLAN REQUIRED.—Each eligible entity desiring 

10 a subgrant from the State educational agency under sec11 tion 1193 shall submit a plan to the State educational 

12 agency at such time, in such manner, and containing such 

13 information as the State educational agency may require. 

14 ‘‘(b) CONTENTS.—Each plan submitted under sub15 section (a) shall— 

16 ‘‘(1) describe the evidence-based programs and 

17 activities proposed to be developed, implemented, 

18 and administered under the subgrant that will help 

19 English learners increase their English language 

20 proficiency and meet the State academic standards; 

21 ‘‘(2) describe how the eligible entity will hold el22 ementary schools and secondary schools receiving 

23 funds under this chapter accountable for annually 

24 assessing the English language proficiency of all 


rfrederick on DSK4SPTVN1PROD with BILLS
167 

•HR 5 IH

1 children participating under this subpart, consistent 

2 with section 1111(b); 

3 ‘‘(3) describe how the eligible entity will pro4 mote parent and community engagement in the edu5 cation of English learners; 

6 ‘‘(4) contain an assurance that the eligible enti7 ty consulted with teachers, researchers, school ad8 ministrators, parents and community members, pub9 lic or private organizations, and institutions of high10 er education, in developing and implementing such 

11 plan; 

12 ‘‘(5) describe how language instruction edu13 cational programs carried out under the subgrant 

14 will ensure that English learners being served by the 

15 programs develop English language proficiency; and 

16 ‘‘(6) contain assurances that— 

17 ‘‘(A) each local educational agency that is 

18 included in the eligible entity is complying with 

19 section 1112(g) prior to, and throughout, each 

20 school year; and 

21 ‘‘(B) the eligible entity is not in violation 

22 of any State law, including State constitutional 

23 law, regarding the education of English learn24 ers, consistent with sections 1205 and 1206. 


rfrederick on DSK4SPTVN1PROD with BILLS
168 

•HR 5 IH

1 ‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible 

2 entity receiving a subgrant under section 1193 shall in3 clude in its plan a certification that all teachers in any 

4 language instruction educational program for English 

5 learners that is, or will be, funded under this subpart are 

6 fluent in English and any other language used for instruc7 tion, including having written and oral communications 

8 skills. 

9 ‘‘CHAPTER B—ADMINISTRATION 

10 ‘‘SEC. 1201. REPORTING. 

11 ‘‘(a) IN GENERAL.—Each eligible entity that receives 

12 a subgrant from a State educational agency under chapter 

13 A shall provide such agency, at the conclusion of every 

14 second fiscal year during which the subgrant is received, 

15 with a report, in a form prescribed by the agency, on the 

16 activities conducted and students served under this sub17 part that includes— 

18 ‘‘(1) a description of the programs and activi19 ties conducted by the entity with funds received 

20 under chapter A during the two immediately pre21 ceding fiscal years, including how such programs 

22 and activities supplemented programs funded pri23 marily with State or local funds; 


rfrederick on DSK4SPTVN1PROD with BILLS
169 

•HR 5 IH

1 ‘‘(2) a description of the progress made by 

2 English learners in learning the English language 

3 and in meeting State academic standards; 

4 ‘‘(3) the number and percentage of English 

5 learners in the programs and activities attaining 

6 English language proficiency based on the State 

7 English language proficiency standards established 

8 under section 1111(b)(1)(E) by the end of each 

9 school year, as determined by the State’s English 

10 language proficiency assessment under section 

11 1111(b)(2)(D); 

12 ‘‘(4) the number of English learners who exit 

13 the language instruction educational programs based 

14 on their attainment of English language proficiency 

15 and transitioned to classrooms not tailored for 

16 English learners; 

17 ‘‘(5) a description of the progress made by 

18 English learners in meeting the State academic 

19 standards for each of the 2 years after such children 

20 are no longer receiving services under this subpart; 

21 ‘‘(6) the number and percentage of English 

22 learners who have not attained English language 

23 proficiency within five years of initial classification 

24 as an English learner and first enrollment in the 

25 local educational agency; and 


rfrederick on DSK4SPTVN1PROD with BILLS
170 

•HR 5 IH

1 ‘‘(7) any such other information as the State 

2 educational agency may require. 

3 ‘‘(b) USE OF REPORT.—A report provided by an eli4 gible entity under subsection (a) shall be used by the enti5 ty and the State educational agency— 

6 ‘‘(1) to determine the effectiveness of programs 

7 and activities in assisting children who are English 

8 learners— 

9 ‘‘(A) to attain English language pro10 ficiency; and 

11 ‘‘(B) to make progress in meeting State 

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

13 and 

14 ‘‘(2) upon determining the effectiveness of pro15 grams and activities based on the criteria in para16 graph (1), to decide how to improve programs. 

17 ‘‘SEC. 1202. ANNUAL REPORT. 

18 ‘‘(a) STATES.—Based upon the reports provided to 

19 a State educational agency under section 1201, each such 

20 agency that receives a grant under this subpart shall pre21 pare and submit annually to the Secretary a report on pro22 grams and activities carried out by the State educational 

23 agency under this subpart and the effectiveness of such 

24 programs and activities in improving the education pro25 vided to English learners. 


rfrederick on DSK4SPTVN1PROD with BILLS
171 

•HR 5 IH

1 ‘‘(b) SECRETARY.—Annually, the Secretary shall pre2 pare and submit to the Committee on Education and the 

3 Workforce of the House of Representatives and the Com4 mittee on Health, Education, Labor, and Pensions of the 

5 Senate a report— 

6 ‘‘(1) on programs and activities carried out to 

7 serve English learners under this subpart, and the 

8 effectiveness of such programs and activities in im9 proving the academic achievement and English lan10 guage proficiency of English learners; 

11 ‘‘(2) on the types of language instruction edu12 cational programs used by local educational agencies 

13 or eligible entities receiving funding under this sub14 part to teach English learners; 

15 ‘‘(3) containing a critical synthesis of data re16 ported by eligible entities to States under section 

17 1201(a); 

18 ‘‘(4) containing a description of technical assist19 ance and other assistance provided by State edu20 cational agencies under section 1191(b)(2)(C); 

21 ‘‘(5) containing an estimate of the number of 

22 effective teachers working in language instruction 

23 educational programs and educating English learn24 ers, and an estimate of the number of such teachers 

25 that will be needed for the succeeding 5 fiscal years; 


rfrederick on DSK4SPTVN1PROD with BILLS
172 

•HR 5 IH

1 ‘‘(6) containing the number of programs or ac2 tivities, if any, that were terminated because the en3 tities carrying out the programs or activities were 

4 not able to reach program goals; 

5 ‘‘(7) containing the number of English learners 

6 served by eligible entities receiving funding under 

7 this subpart who were transitioned out of language 

8 instruction educational programs funded under this 

9 subpart into classrooms where instruction is not tai10 lored for English learners; and 

11 ‘‘(8) containing other information gathered 

12 from other reports submitted to the Secretary under 

13 this subpart when applicable. 

14 ‘‘SEC. 1203. COORDINATION WITH RELATED PROGRAMS. 

15 ‘‘In order to maximize Federal efforts aimed at serv16 ing the educational needs of English learners, the Sec17 retary shall coordinate and ensure close cooperation with 

18 other entities carrying out programs serving language-mi19 nority and English learners that are administered by the 

20 Department and other agencies. 

21 ‘‘SEC. 1204. RULES OF CONSTRUCTION. 

22 ‘‘Nothing in this subpart shall be construed— 

23 ‘‘(1) to prohibit a local educational agency from 

24 serving English learners simultaneously with chilVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
173 

•HR 5 IH

1 dren with similar educational needs, in the same 

2 educational settings where appropriate; 

3 ‘‘(2) to require a State or a local educational 

4 agency to establish, continue, or eliminate any par5 ticular type of instructional program for English 

6 learners; or 

7 ‘‘(3) to limit the preservation or use of Native 

8 American languages. 

9 ‘‘SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW. 

10 ‘‘Nothing in this subpart shall be construed to negate 

11 or supersede State law, or the legal authority under State 

12 law of any State agency, State entity, or State public offi13 cial, over programs that are under the jurisdiction of the 

14 State agency, entity, or official. 

15 ‘‘SEC. 1206. CIVIL RIGHTS. 

16 ‘‘Nothing in this subpart shall be construed in a man17 ner inconsistent with any Federal law guaranteeing a civil 

18 right. 

19 ‘‘SEC. 1207. PROHIBITION. 

20 ‘‘In carrying out this subpart, the Secretary shall nei21 ther mandate nor preclude the use of a particular cur22 ricular or pedagogical approach to educating English 

23 learners. 


rfrederick on DSK4SPTVN1PROD with BILLS
174 

•HR 5 IH

1 ‘‘SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND 

2 PUERTO RICO. 

3 ‘‘Notwithstanding any other provision of this subpart, 

4 programs authorized under this subpart that serve Native 

5 American (including Native American Pacific Islander) 

6 children and children in the Commonwealth of Puerto Rico 

7 may include programs of instruction, teacher training, 

8 curriculum development, evaluation, and assessment de9 signed for Native American children learning and studying 

10 Native American languages and children of limited Span11 ish proficiency, except that an outcome of programs serv12 ing such children shall be increased English proficiency 

13 among such children. 

14 ‘‘CHAPTER C—NATIONAL ACTIVITIES 

15 ‘‘SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT 

16 PROJECT. 

17 ‘‘The Secretary shall use funds made available under 

18 section 1191(c)(1)(B) to award grants on a competitive 

19 basis, for a period of not more than 5 years, to institutions 

20 of higher education or public or private organizations with 

21 relevant experience and capacity (in consortia with State 

22 educational agencies or local educational agencies) to pro23 vide for professional development activities that will im24 prove classroom instruction for English learners and assist 

25 educational personnel working with such children to meet 

26 high professional standards, including standards for cerVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
175 

•HR 5 IH

1 tification and licensure as teachers who work in language 

2 instruction educational programs or serve English learn3 ers. Grants awarded under this subsection may be used— 

4 ‘‘(1) for preservice, evidence-based professional 

5 development programs that will assist local schools 

6 and institutions of higher education to upgrade the 

7 qualifications and skills of educational personnel who 

8 are not certified or licensed, especially educational 

9 paraprofessionals; 

10 ‘‘(2) for the development of curricula or other 

11 instructional strategies appropriate to the needs of 

12 the consortia participants involved; 

13 ‘‘(3) to support strategies that strengthen and 

14 increase parent and community member engagement 

15 in the education of English learners; and 

16 ‘‘(4) to share and disseminate evidence-based 

17 practices in the instruction of English learners and 

18 in increasing their student achievement. 

19 ‘‘CHAPTER D—GENERAL PROVISIONS 

20 ‘‘SEC. 1221. DEFINITIONS. 

21 ‘‘Except as otherwise provided, in this subpart: 

22 ‘‘(1) CHILD.—The term ‘child’ means any indi23 vidual aged 3 through 21. 

24 ‘‘(2) COMMUNITY-BASED ORGANIZATION.—The 

25 term ‘community-based organization’ means a priVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
176 

•HR 5 IH

1 vate nonprofit organization of demonstrated effec2 tiveness, Indian tribe, or tribally sanctioned edu3 cational authority, that is representative of a com4 munity or significant segments of a community and 

5 that provides educational or related services to indi6 viduals in the community. Such term includes a Na7 tive Hawaiian or Native American Pacific Islander 

8 native language educational organization. 

9 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en10 tity’ means— 

11 ‘‘(A) one or more local educational agen12 cies; or 

13 ‘‘(B) one or more local educational agen14 cies, in consortia (or collaboration) with an in15 stitution of higher education, community-based 

16 organization, or State educational agency. 

17 ‘‘(4) IMMIGRANT CHILDREN AND YOUTH.—The 

18 term ‘immigrant children and youth’ means individ19 uals who— 

20 ‘‘(A) are age 3 through 21; 

21 ‘‘(B) were not born in any State; and 

22 ‘‘(C) have not been attending one or more 

23 schools in any one or more States for more 

24 than 3 full academic years. 


rfrederick on DSK4SPTVN1PROD with BILLS
177 

•HR 5 IH

1 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

2 means any Indian tribe, band, nation, or other orga3 nized group or community, including any Native vil4 lage or Regional Corporation or Village Corporation 

5 as defined in or established pursuant to the Alaska 

6 Native Claims Settlement Act, that is recognized as 

7 eligible for the special programs and services pro8 vided by the United States to Indians because of 

9 their status as Indians. 

10 ‘‘(6) LANGUAGE INSTRUCTION EDUCATIONAL

11 PROGRAM.—The term ‘language instruction edu12 cational program’ means an instruction course— 

13 ‘‘(A) in which an English learner is placed 

14 for the purpose of developing and attaining 

15 English language proficiency, while meeting 

16 State academic standards, as required by sec17 tion 1111(b)(1); and 

18 ‘‘(B) that may make instructional use of 

19 both English and a child’s native language to 

20 enable the child to develop and attain English 

21 language proficiency, and may include the par22 ticipation of English language proficient chil23 dren if such course is designed to enable all 

24 participating children to become proficient in 

25 English and a second language. 


rfrederick on DSK4SPTVN1PROD with BILLS
178 

•HR 5 IH

1 ‘‘(7) NATIVE LANGUAGE.—The term ‘native 

2 language’, when used with reference to English 

3 learner, means— 

4 ‘‘(A) the language normally used by such 

5 individual; or 

6 ‘‘(B) in the case of a child or youth, the 

7 language normally used by the parents of the 

8 child or youth. 

9 ‘‘(8) PARAPROFESSIONAL.—The term ‘para10 professional’ means an individual who is employed in 

11 a preschool, elementary school, or secondary school 

12 under the supervision of a certified or licensed teach13 er, including individuals employed in language in14 struction educational programs, special education, 

15 and migratory education. 

16 ‘‘(9) STATE.—The term ‘State’ means each of 

17 the 50 States, the District of Columbia, and the 

18 Commonwealth of Puerto Rico. 

19 ‘‘SEC. 1222. NATIONAL CLEARINGHOUSE. 

20 ‘‘The Secretary shall establish and support the oper21 ation of a National Clearinghouse for English Language 

22 Acquisition and Language Instruction Educational Pro23 grams, which shall collect, analyze, synthesize, and dis24 seminate information about language instruction eduVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
179 

•HR 5 IH

1 cational programs for English learners, and related pro2 grams. The National Clearinghouse shall— 

3 ‘‘(1) be administered as an adjunct clearing4 house of the Educational Resources Information 

5 Center Clearinghouses system supported by the In6 stitute of Education Sciences; 

7 ‘‘(2) coordinate activities with Federal data and 

8 information clearinghouses and entities operating 

9 Federal dissemination networks and systems; 

10 ‘‘(3) develop a system for improving the oper11 ation and effectiveness of federally funded language 

12 instruction educational programs; 

13 ‘‘(4) collect and disseminate information on— 

14 ‘‘(A) educational research and processes 

15 related to the education of English learners; 

16 and 

17 ‘‘(B) accountability systems that monitor 

18 the academic progress of English learners in 

19 language instruction educational programs, in20 cluding information on academic content and 

21 English language proficiency assessments for 

22 language instruction educational programs; and 

23 ‘‘(5) publish, on an annual basis, a list of grant 

24 recipients under this subpart. 


rfrederick on DSK4SPTVN1PROD with BILLS
180 

•HR 5 IH

1 ‘‘SEC. 1223. REGULATIONS. 

2 ‘‘In developing regulations under this subpart, the 

3 Secretary shall consult with State educational agencies 

4 and local educational agencies, organizations representing 

5 English learners, and organizations representing teachers 

6 and other personnel involved in the education of English 

7 learners. 

8 ‘‘Subpart 5—Rural Education Achievement Program 

9 ‘‘SEC. 1230. PURPOSE. 

10 ‘‘It is the purpose of this subpart to address the 

11 unique needs of rural school districts that frequently— 

12 ‘‘(1) lack the personnel and resources needed to 

13 compete effectively for Federal competitive grants; 

14 and 

15 ‘‘(2) receive formula grant allocations in 

16 amounts too small to be effective in meeting their in17 tended purposes. 

18 ‘‘CHAPTER A—SMALL, RURAL SCHOOL 

19 ACHIEVEMENT PROGRAM 

20 ‘‘SEC. 1231. GRANT PROGRAM AUTHORIZED. 

21 ‘‘(a) IN GENERAL.—From amounts appropriated 

22 under section 3(a)(1) for a fiscal year, the Secretary shall 

23 reserve 0.54 of one percent to award grants to eligible 

24 local educational agencies to enable the local educational 

25 agencies to carry out activities authorized under any of 

26 the following provisions: 


rfrederick on DSK4SPTVN1PROD with BILLS
181 

•HR 5 IH

1 ‘‘(1) Part A of title I. 

2 ‘‘(2) Title II. 

3 ‘‘(3) Title III. 

4 ‘‘(b) ALLOCATION.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (3), the Secretary shall award a grant under 

7 subsection (a) to a local educational agency eligible 

8 under subsection (d) for a fiscal year in an amount 

9 equal to the initial amount determined under para10 graph (2) for the fiscal year minus the total amount 

11 received by the agency in subpart 2 of part A of title 

12 II for the preceding fiscal year. 

13 ‘‘(2) DETERMINATION OF INITIAL AMOUNT.— 

14 The initial amount referred to in paragraph (1) is 

15 equal to $100 multiplied by the total number of stu16 dents in excess of 50 students, in average daily at17 tendance at the schools served by the local edu18 cational agency, plus $20,000, except that the initial 

19 amount may not exceed $60,000. 

20 ‘‘(3) RATABLE ADJUSTMENT.— 

21 ‘‘(A) IN GENERAL.—If the amount made 

22 available to carry out this section for any fiscal 

23 year is not sufficient to pay in full the amounts 

24 that local educational agencies are eligible to re25 ceive under paragraph (1) for such year, the 


rfrederick on DSK4SPTVN1PROD with BILLS
182 

•HR 5 IH

1 Secretary shall ratably reduce such amounts for 

2 such year. 

3 ‘‘(B) ADDITIONAL AMOUNTS.—If addi4 tional funds become available for making pay5 ments under paragraph (1) for such fiscal year, 

6 payments that were reduced under subpara7 graph (A) shall be increased on the same basis 

8 as such payments were reduced. 

9 ‘‘(c) DISBURSEMENT.—The Secretary shall disburse 

10 the funds awarded to a local educational agency under this 

11 section for a fiscal year not later than July 1 of that fiscal 

12 year. 

13 ‘‘(d) ELIGIBILITY.— 

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

15 shall be eligible to use the applicable funding in ac16 cordance with subsection (a) if— 

17 ‘‘(A)(i)(I) the total number of students in 

18 average daily attendance at all of the schools 

19 served by the local educational agency is fewer 

20 than 600; or 

21 ‘‘(II) each county in which a school served 

22 by the local educational agency is located has a 

23 total population density of fewer than 10 per24 sons per square mile; and 


rfrederick on DSK4SPTVN1PROD with BILLS
183 

•HR 5 IH

1 ‘‘(ii) all of the schools served by the local 

2 educational agency are designated with a school 

3 locale code of 41, 42, or 43, as determined by 

4 the Secretary; or 

5 ‘‘(B) the agency meets the criteria estab6 lished in subparagraph (A)(i) and the Sec7 retary, in accordance with paragraph (2), 

8 grants the local educational agency’s request to 

9 waive the criteria described in subparagraph 

10 (A)(ii). 

11 ‘‘(2) CERTIFICATION.—The Secretary shall de12 termine whether to waive the criteria described in 

13 paragraph (1)(A)(ii) based on a demonstration by 

14 the local educational agency, and concurrence by the 

15 State educational agency, that the local educational 

16 agency is located in an area defined as rural by a 

17 governmental agency of the State. 

18 ‘‘(3) HOLD HARMLESS.—For a local edu19 cational agency that is not eligible under this chap20 ter but met the eligibility requirements under this 

21 subsection as it was in effect prior to the date of the 

22 enactment of the Student Success Act, the agency 

23 shall receive— 


rfrederick on DSK4SPTVN1PROD with BILLS
184 

•HR 5 IH

1 ‘‘(A) for fiscal year 2014, 75 percent of 

2 the amount such agency received for fiscal year 

3 2013; 

4 ‘‘(B) for fiscal year 2015, 50 percent of 

5 the amount such agency received for fiscal year 

6 2013; and 

7 ‘‘(C) for fiscal year 2016, 25 percent of 

8 the amount such agency received for fiscal year 

9 2013. 

10 ‘‘(e) SPECIAL ELIGIBILITY RULE.—A local edu11 cational agency that receives a grant under this chapter 

12 for a fiscal year is not eligible to receive funds for such 

13 fiscal year under chapter B. 

14 ‘‘CHAPTER B—RURAL AND LOW-INCOME 

15 SCHOOL PROGRAM 

16 ‘‘SEC. 1235. PROGRAM AUTHORIZED. 

17 ‘‘(a) GRANTS TO STATES.— 

18 ‘‘(1) IN GENERAL.—From amounts appro19 priated under section 3(a)(1) for a fiscal year, the 

20 Secretary shall reserve 0.54 of one percent for this 

21 chapter for a fiscal year that are not reserved under 

22 subsection (c) to award grants (from allotments 

23 made under paragraph (2)) for the fiscal year to 

24 State educational agencies that have applications 

25 submitted under section 1237 approved to enable the 


rfrederick on DSK4SPTVN1PROD with BILLS
185 

•HR 5 IH

1 State educational agencies to award grants to eligi2 ble local educational agencies for local authorized ac3 tivities described in section 1236(a). 

4 ‘‘(2) ALLOTMENT.—From amounts described in 

5 paragraph (1) for a fiscal year, the Secretary shall 

6 allot to each State educational agency for that fiscal 

7 year an amount that bears the same ratio to those 

8 amounts as the number of students in average daily 

9 attendance served by eligible local educational agen10 cies in the State for that fiscal year bears to the 

11 number of all such students served by eligible local 

12 educational agencies in all States for that fiscal 

13 year. 

14 ‘‘(3) SPECIALLY QUALIFIED AGENCIES.— 

15 ‘‘(A) ELIGIBILITY AND APPLICATION.—If a 

16 State educational agency elects not to partici17 pate in the program under this subpart or does 

18 not have an application submitted under section 

19 1237 approved, a specially qualified agency in 

20 such State desiring a grant under this subpart 

21 may submit an application under such section 

22 directly to the Secretary to receive an award 

23 under this subpart. 

24 ‘‘(B) DIRECT AWARDS.—The Secretary 

25 may award, on a competitive basis or by forVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
186 

•HR 5 IH

1 mula, the amount the State educational agency 

2 is eligible to receive under paragraph (2) di3 rectly to a specially qualified agency in the 

4 State that has submitted an application in ac5 cordance with subparagraph (A) and obtained 

6 approval of the application. 

7 ‘‘(C) SPECIALLY QUALIFIED AGENCY DE8 FINED.—In this subpart, the term ‘specially 

9 qualified agency’ means an eligible local edu10 cational agency served by a State educational 

11 agency that does not participate in a program 

12 under this subpart in a fiscal year, that may 

13 apply directly to the Secretary for a grant in 

14 such year under this subsection. 

15 ‘‘(b) LOCAL AWARDS.— 

16 ‘‘(1) ELIGIBILITY.—A local educational agency 

17 shall be eligible to receive a grant under this subpart 

18 if— 

19 ‘‘(A) 20 percent or more of the children 

20 ages 5 through 17 years served by the local 

21 educational agency are from families with in22 comes below the poverty line; and 

23 ‘‘(B) all of the schools served by the agen24 cy are designated with a school locale code of 


rfrederick on DSK4SPTVN1PROD with BILLS
187 

•HR 5 IH

1 32, 33, 41, 42, 43, as determined by the Sec2 retary. 

3 ‘‘(2) AWARD BASIS.—A State educational agen4 cy shall award grants to eligible local educational 

5 agencies— 

6 ‘‘(A) on a competitive basis; 

7 ‘‘(B) according to a formula based on the 

8 number of students in average daily attendance 

9 served by the eligible local educational agencies 

10 or schools in the State; or 

11 ‘‘(C) according to an alternative formula, 

12 if, prior to awarding the grants, the State edu13 cational agency demonstrates, to the satisfac14 tion of the Secretary, that the alternative for15 mula enables the State educational agency to 

16 allot the grant funds in a manner that serves 

17 equal or greater concentrations of children from 

18 families with incomes below the poverty line, 

19 relative to the concentrations that would be 

20 served if the State educational agency used the 

21 formula described in subparagraph (B). 

22 ‘‘(c) RESERVATIONS.—From amounts reserved under 

23 section 1235(a)(1) for this chapter for a fiscal year, the 

24 Secretary shall reserve— 


rfrederick on DSK4SPTVN1PROD with BILLS
188 

•HR 5 IH

1 ‘‘(1) one-half of 1 percent to make awards to el2 ementary schools or secondary schools operated or 

3 supported by the Bureau of Indian Education, to 

4 carry out the activities authorized under this chap5 ter; and 

6 ‘‘(2) one-half of 1 percent to make awards to 

7 the outlying areas in accordance with their respec8 tive needs, to carry out the activities authorized 

9 under this chapter. 

10 ‘‘SEC. 1236. USES OF FUNDS. 

11 ‘‘(a) LOCAL AWARDS.—Grant funds awarded to local 

12 educational agencies under this chapter shall be used for 

13 activities authorized under any of the following: 

14 ‘‘(1) Part A of title I. 

15 ‘‘(2) Title II. 

16 ‘‘(3) Title III. 

17 ‘‘(b) ADMINISTRATIVE COSTS.—A State educational 

18 agency receiving a grant under this chapter may not use 

19 more than 5 percent of the amount of the grant for State 

20 administrative costs and to provide technical assistance to 

21 eligible local educational agencies. 

22 ‘‘SEC. 1237. APPLICATIONS. 

23 ‘‘(a) IN GENERAL.—Each State educational agency 

24 or specially qualified agency desiring to receive a grant 

25 under this chapter shall submit an application to the SecVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
189 

•HR 5 IH

1 retary at such time and in such manner as the Secretary 

2 may require. 

3 ‘‘(b) CONTENTS.—Each application submitted under 

4 subsection (a) shall include— 

5 ‘‘(1) a description of how the State educational 

6 agency or specially qualified agency will ensure eligi7 ble local educational agencies receiving a grant 

8 under this chapter will use such funds to help stu9 dents meet the State academic standards under sec10 tion 1111(b)(1); 

11 ‘‘(2) if the State educational agency or specially 

12 qualified agency will competitively award grants to 

13 eligible local educational agencies, as described in 

14 section 1235(b)(2)(A), the application under the sec15 tion shall include— 

16 ‘‘(A) the methods and criteria the State 

17 educational agency or specially qualified agency 

18 will use for reviewing applications and awarding 

19 funds to local educational agencies on a com20 petitive basis; and 

21 ‘‘(B) how the State educational agency or 

22 specially qualified agency will notify eligible 

23 local educational agencies of the grant competi24 tion; and 


rfrederick on DSK4SPTVN1PROD with BILLS
190 

•HR 5 IH

1 ‘‘(3) a description of how the State educational 

2 agency or specially qualified agency will provide 

3 technical assistance to eligible local educational 

4 agencies to help such agencies implement the activi5 ties described in section 1236(a). 

6 ‘‘SEC. 1238. ACCOUNTABILITY. 

7 ‘‘Each State educational agency or specially qualified 

8 agency that receives a grant under this chapter shall pre9 pare and submit an annual report to the Secretary. The 

10 report shall describe— 

11 ‘‘(1) the methods and criteria the State edu12 cational agency or specially qualified agency used to 

13 award grants to eligible local educational agencies, 

14 and to provide assistance to schools, under this 

15 chapter; 

16 ‘‘(2) how local educational agencies and schools 

17 used funds provided under this chapter; and 

18 ‘‘(3) the degree to which progress has been 

19 made toward having all students meet the State aca20 demic standards under section 1111(b)(1). 

21 ‘‘SEC. 1239. CHOICE OF PARTICIPATION. 

22 ‘‘(a) IN GENERAL.—If a local educational agency is 

23 eligible for funding under chapters A and B of this sub24 part, such local educational agency may receive funds 


rfrederick on DSK4SPTVN1PROD with BILLS
191 

•HR 5 IH

1 under either chapter A or chapter B for a fiscal year, but 

2 may not receive funds under both chapters. 

3 ‘‘(b) NOTIFICATION.—A local educational agency eli4 gible for both chapters A and B of this subpart shall notify 

5 the Secretary and the State educational agency under 

6 which of such chapters such local educational agency in7 tends to receive funds for a fiscal year by a date that is 

8 established by the Secretary for the notification. 

9 ‘‘CHAPTER C—GENERAL PROVISIONS 

10 ‘‘SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETER11 MINATION. 

12 ‘‘(a) CENSUS DETERMINATION.—Each local edu13 cational agency desiring a grant under section 1231 and 

14 each local educational agency or specially qualified agency 

15 desiring a grant under chapter B shall— 

16 ‘‘(1) not later than December 1 of each year, 

17 conduct a census to determine the number of stu18 dents in average daily attendance in kindergarten 

19 through grade 12 at the schools served by the agen20 cy; and 

21 ‘‘(2) not later than March 1 of each year, sub22 mit the number described in paragraph (1) to the 

23 Secretary (and to the State educational agency, in 

24 the case of a local educational agency seeking a 

25 grant under subpart 2). 


rfrederick on DSK4SPTVN1PROD with BILLS
192 

•HR 5 IH

1 ‘‘(b) PENALTY.—If the Secretary determines that a 

2 local educational agency or specially qualified agency has 

3 knowingly submitted false information under subsection 

4 (a) for the purpose of gaining additional funds under sec5 tion 1231 or chapter B, then the agency shall be fined 

6 an amount equal to twice the difference between the 

7 amount the agency received under this section and the cor8 rect amount the agency would have received under section 

9 1231 or chapter B if the agency had submitted accurate 

10 information under subsection (a). 

11 ‘‘SEC. 1242. SUPPLEMENT, NOT SUPPLANT. 

12 ‘‘Funds made available under chapter A or chapter 

13 B shall be used to supplement, and not supplant, any 

14 other Federal, State, or local education funds. 

15 ‘‘SEC. 1243. RULE OF CONSTRUCTION. 

16 ‘‘Nothing in this subpart shall be construed to pro17 hibit a local educational agency that enters into coopera18 tive arrangements with other local educational agencies for 

19 the provision of special, compensatory, or other education 

20 services, pursuant to State law or a written agreement, 

21 from entering into similar arrangements for the use, or 

22 the coordination of the use, of the funds made available 

23 under this subpart. 


rfrederick on DSK4SPTVN1PROD with BILLS
193 

•HR 5 IH

1 ‘‘Subpart 6—Indian Education 

2 ‘‘SEC. 1251. STATEMENT OF POLICY. 

3 ‘‘It is the policy of the United States to fulfill the 

4 Federal Government’s unique and continuing trust rela5 tionship with and responsibility to the Indian people for 

6 the education of Indian children. The Federal Government 

7 will continue to work with local educational agencies, In8 dian tribes and organizations, postsecondary institutions, 

9 and other entities toward the goal of ensuring that pro10 grams that serve Indian children are of the highest quality 

11 and provide for not only the basic elementary and sec12 ondary educational needs, but also the unique educational 

13 and culturally related academic needs of these children. 

14 ‘‘SEC. 1252. PURPOSE. 

15 ‘‘It is the purpose of this subpart to support the ef16 forts of local educational agencies, Indian tribes and orga17 nizations, postsecondary institutions, and other entities— 

18 ‘‘(1) to meet the unique educational and cul19 turally related academic needs of American Indian 

20 and Alaska Native students, so that such students 

21 can meet the State academic standards that all stu22 dents are expected to meet; and 

23 ‘‘(2) to ensure that school leaders, teachers, and 

24 other staff who serve Indian and Alaska Native stu25 dents have the ability and training to provide approVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
194 

•HR 5 IH

1 priate instruction to meet the unique academic needs 

2 of such students. 

3 ‘‘CHAPTER A—FORMULA GRANTS TO 

4 LOCAL EDUCATIONAL AGENCIES 

5 ‘‘SEC. 1261. PURPOSE. 

6 ‘‘It is the purpose of this chapter to support local 

7 educational agencies in their efforts to reform elementary 

8 school and secondary school programs that serve Indian 

9 students in order to ensure that such programs are de10 signed to— 

11 ‘‘(1) meet the unique educational needs of such 

12 students; and 

13 ‘‘(2) ensure that such students have the oppor14 tunity to meet the State academic standards. 

15 ‘‘SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES 

16 AND TRIBES. 

17 ‘‘(a) IN GENERAL.—From amounts appropriated 

18 under section 3(a)(1), the Secretary shall reserve 0.59 of 

19 one percent to local educational agencies and Indian tribes 

20 in accordance with this section and section 1263. 

21 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 

22 ‘‘(1) ENROLLMENT REQUIREMENTS.—A local 

23 educational agency shall be eligible for a grant under 

24 this chapter for any fiscal year if the number of In25 dian children eligible under section 1267 who were 


rfrederick on DSK4SPTVN1PROD with BILLS
195 

•HR 5 IH

1 enrolled in the schools of the agency, and to whom 

2 the agency provided free public education, during 

3 the preceding fiscal year— 

4 ‘‘(A) was at least 10; or 

5 ‘‘(B) constituted not less than 25 percent 

6 of the total number of individuals enrolled in 

7 the schools of such agency. 

8 ‘‘(2) EXCLUSION.—The requirement of para9 graph (1) shall not apply in Alaska, California, or 

10 Oklahoma, or with respect to any local educational 

11 agency located on, or in proximity to, an Indian res12 ervation. 

13 ‘‘(c) INDIAN TRIBES.— 

14 ‘‘(1) IN GENERAL.—If a local educational agen15 cy that is otherwise eligible for a grant under this 

16 chapter does not establish a committee under section 

17 1264(c)(4) for such grant, an Indian tribe or a con18 sortium of such entities that represents not less than 

1 19 ⁄3 of the eligible Indian children who are served by 

20 such local educational agency may apply for such 

21 grant. 

22 ‘‘(2) SPECIAL RULE.—The Secretary shall treat 

23 each Indian tribe or consortium of such entities ap24 plying for a grant pursuant to paragraph (1) as if 

25 such Indian tribe were a local educational agency for 


rfrederick on DSK4SPTVN1PROD with BILLS
196 

•HR 5 IH

1 purposes of this chapter, except that any such tribe 

2 is not subject to section 1264(c)(4) or section 1269. 

3 ‘‘(3) ELIGIBILITY.—If more than 1 Indian tribe 

4 qualifies to apply for a grant under paragraph (1), 

5 the entity that represents the most eligible Indian 

6 children who are served by the local educational 

7 agency shall be eligible to receive the grant or the 

8 tribes may choose to apply in consortium. 

9 ‘‘SEC. 1263. AMOUNT OF GRANTS. 

10 ‘‘(a) AMOUNT OF GRANT AWARDS.— 

11 ‘‘(1) IN GENERAL.—Except as provided in sub12 section (b) and paragraph (2), the Secretary shall 

13 allocate to each local educational agency that has an 

14 approved application under this chapter an amount 

15 equal to the product of— 

16 ‘‘(A) the number of Indian children who 

17 are eligible under section 1267 and served by 

18 such agency; and 

19 ‘‘(B) the greater of— 

20 ‘‘(i) the average per pupil expenditure 

21 of the State in which such agency is lo22 cated; or 

23 ‘‘(ii) 80 percent of the average per 

24 pupil expenditure of all the States. 


rfrederick on DSK4SPTVN1PROD with BILLS
197 

•HR 5 IH

1 ‘‘(2) REDUCTION.—The Secretary shall reduce 

2 the amount of each allocation otherwise determined 

3 under this section in accordance with subsection (e). 

4 ‘‘(b) MINIMUM GRANT.— 

5 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

6 (e), an entity that is eligible for a grant under sec7 tion 1262, and a school that is operated or sup8 ported by the Bureau of Indian Education that is el9 igible for a grant under subsection (d), that submits 

10 an application that is approved by the Secretary, 

11 shall, subject to appropriations, receive a grant 

12 under this chapter in an amount that is not less 

13 than $3,000. 

14 ‘‘(2) CONSORTIA.—Local educational agencies 

15 may form a consortium with other local educational 

16 agencies or Indian tribes for the purpose of obtain17 ing grants under this chapter. 

18 ‘‘(3) INCREASE.—The Secretary may increase 

19 the minimum grant under paragraph (1) to not 

20 more than $4,000 for all grantees if the Secretary 

21 determines such an increase is necessary to ensure 

22 the quality of the programs provided. 

23 ‘‘(c) DEFINITION.—For the purpose of this section, 

24 the term ‘average per pupil expenditure’, used with respect 

25 to a State, means an amount equal to— 


rfrederick on DSK4SPTVN1PROD with BILLS
198 

•HR 5 IH

1 ‘‘(1) the sum of the aggregate current expendi2 tures of all the local educational agencies in the 

3 State, plus any direct current expenditures by the 

4 State for the operation of such agencies, without re5 gard to the sources of funds from which such local 

6 or State expenditures were made, during the second 

7 fiscal year preceding the fiscal year for which the 

8 computation is made; divided by 

9 ‘‘(2) the aggregate number of children who 

10 were included in average daily attendance for whom 

11 such agencies provided free public education during 

12 such preceding fiscal year. 

13 ‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE

14 BUREAU OF INDIAN EDUCATION.— 

15 ‘‘(1) IN GENERAL.—Subject to subsection (e), 

16 in addition to the grants awarded under subsection 

17 (a), the Secretary shall allocate to the Secretary of 

18 the Interior an amount equal to the product of— 

19 ‘‘(A) the total number of Indian children 

20 enrolled in schools that are operated by— 

21 ‘‘(i) the Bureau of Indian Education; 

22 or 

23 ‘‘(ii) an Indian tribe, or an organiza24 tion controlled or sanctioned by an Indian 

25 tribal government, for the children of that 


rfrederick on DSK4SPTVN1PROD with BILLS
199 

•HR 5 IH

1 tribe under a contract with, or grant from, 

2 the Department of the Interior under the 

3 Indian Self-Determination Act or the Trib4 ally Controlled Schools Act of 1988; and 

5 ‘‘(B) the greater of— 

6 ‘‘(i) the average per pupil expenditure 

7 of the State in which the school is located; 

8 or 

9 ‘‘(ii) 80 percent of the average per 

10 pupil expenditure of all the States. 

11 ‘‘(2) SPECIAL RULE.—Any school described in 

12 paragraph (1)(A) that wishes to receive an allocation 

13 under this chapter shall submit an application in ac14 cordance with section 1264, and shall otherwise be 

15 treated as a local educational agency for the purpose 

16 of this chapter, except that such school shall not be 

17 subject to section 1264(c)(4) or section 1269. 

18 ‘‘(e) RATABLE REDUCTIONS.—If the sums reserved 

19 for any fiscal year under section 1262(a) are insufficient 

20 to pay in full the amounts determined for local educational 

21 agencies under subsection (a)(1) and for the Secretary of 

22 the Interior under subsection (d), each of those amounts 

23 shall be ratably reduced. 


rfrederick on DSK4SPTVN1PROD with BILLS
200 

•HR 5 IH

1 ‘‘SEC. 1264. APPLICATIONS. 

2 ‘‘(a) APPLICATION REQUIRED.—Each local edu3 cational agency that desires to receive a grant under this 

4 chapter shall submit an application to the Secretary at 

5 such time and in such manner as the Secretary may rea6 sonably require. 

7 ‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each 

8 application submitted under subsection (a) shall include 

9 a description of a comprehensive program for meeting the 

10 needs of Indian children served by the local educational 

11 agency, including the language and cultural needs of the 

12 children, that— 

13 ‘‘(1) describes how the comprehensive program 

14 will offer programs and activities to meet the cul15 turally related academic needs of American Indian 

16 and Alaska Native students; 

17 ‘‘(2)(A) is aligned with and supports the State 

18 and local plans submitted under other provisions of 

19 this Act; and 

20 ‘‘(B) includes academic standards for such chil21 dren that are based on the State academic standards 

22 adopted under subpart 1 for all children; 

23 ‘‘(3) explains how the local educational agency 

24 will use the funds made available under this chapter 

25 to supplement other Federal, State, and local proVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
201 

•HR 5 IH

1 grams, especially programs carried out under sub2 part 1, to meet the needs of such students; 

3 ‘‘(4) demonstrates how funds made available 

4 under this chapter will be used for activities de5 scribed in section 1265; 

6 ‘‘(5) describes the professional development op7 portunities that will be provided, as needed, to en8 sure that— 

9 ‘‘(A) teachers, school leaders, and other 

10 school professionals who are new to the Indian 

11 community are prepared to work with Indian 

12 children; and 

13 ‘‘(B) all teachers who will be involved in 

14 programs assisted under this chapter have been 

15 properly trained to carry out such programs; 

16 ‘‘(6) describes how the local educational agen17 cy— 

18 ‘‘(A) will periodically assess the progress of 

19 all Indian children enrolled in the schools of the 

20 local educational agency, including Indian chil21 dren who do not participate in programs as22 sisted under this chapter, in meeting the stand23 ards described in paragraph (2); 

24 ‘‘(B) will provide the results of each as25 sessment referred to in subparagraph (A) to— 


rfrederick on DSK4SPTVN1PROD with BILLS
202 

•HR 5 IH

1 ‘‘(i) the committee described in sub2 section (c)(4); and 

3 ‘‘(ii) the community, including Indian 

4 tribes, whose children are served by the 

5 local educational agency; and 

6 ‘‘(C) is responding to findings of any pre7 vious assessments that are similar to the as8 sessments described in subparagraph (A); and 

9 ‘‘(7) describes the processes the local edu10 cational agency used to collaborate with Indian 

11 tribes in the community in the development of the 

12 comprehensive programs. 

13 ‘‘(c) ASSURANCES.—Each application submitted 

14 under subsection (a) shall include assurances that— 

15 ‘‘(1) the local educational agency will use funds 

16 received under this chapter only to supplement the 

17 funds that, in the absence of the Federal funds 

18 made available under this chapter, such agency 

19 would make available for the education of Indian 

20 children, and not to supplant such funds; 

21 ‘‘(2) the local educational agency will prepare 

22 and submit to the Secretary such reports in such 

23 form as the Secretary may require to— 

24 ‘‘(A) carry out the functions of the Sec25 retary under this chapter; and 


rfrederick on DSK4SPTVN1PROD with BILLS
203 

•HR 5 IH

1 ‘‘(B) determine the extent to which activi2 ties carried out with funds provided to the local 

3 educational agency under this chapter are effec4 tive in improving the educational achievement 

5 of Indian students served by such agency; 

6 ‘‘(3) the program for which assistance is 

7 sought— 

8 ‘‘(A) is based on a comprehensive local as9 sessment and prioritization of the unique edu10 cational and culturally related academic needs 

11 of the American Indian and Alaska Native stu12 dents for whom the local educational agency is 

13 providing an education; 

14 ‘‘(B) will use the best available talents and 

15 resources, including individuals from the Indian 

16 community; and 

17 ‘‘(C) was developed by such agency in open 

18 consultation with parents of Indian children 

19 and teachers, and, if appropriate, Indian stu20 dents from secondary schools, including through 

21 public hearings held by such agency to provide 

22 to the individuals described in this subpara23 graph a full opportunity to understand the pro24 gram and to offer recommendations regarding 

25 the program; and 


rfrederick on DSK4SPTVN1PROD with BILLS
204 

•HR 5 IH

1 ‘‘(4) the local educational agency developed the 

2 program with the participation and written approval 

3 of a committee— 

4 ‘‘(A) that is composed of, and selected 

5 by— 

6 ‘‘(i) parents of Indian children in the 

7 local educational agency’s schools; 

8 ‘‘(ii) teachers in the schools; and 

9 ‘‘(iii) if appropriate, Indian students 

10 attending secondary schools of the agency; 

11 ‘‘(B) a majority of whose members are 

12 parents of Indian children; 

13 ‘‘(C) that has set forth such policies and 

14 procedures, including policies and procedures 

15 relating to the hiring of personnel, as will en16 sure that the program for which assistance is 

17 sought will be operated and evaluated in con18 sultation with, and with the involvement of, 

19 parents of the children, and representatives of 

20 the area, to be served; 

21 ‘‘(D) with respect to an application de22 scribing a schoolwide program in accordance 

23 with section 1265(c), that has— 

24 ‘‘(i) reviewed in a timely fashion the 

25 program; and 


rfrederick on DSK4SPTVN1PROD with BILLS
205 

•HR 5 IH

1 ‘‘(ii) determined that the program will 

2 not diminish the availability of culturally 

3 related activities for American Indian and 

4 Alaska Native students; and 

5 ‘‘(E) that has adopted reasonable bylaws 

6 for the conduct of the activities of the com7 mittee and abides by such bylaws. 

8 ‘‘SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES. 

9 ‘‘(a) GENERAL REQUIREMENTS.—Each local edu10 cational agency that receives a grant under this chapter 

11 shall use the grant funds, in a manner consistent with the 

12 purpose specified in section 1261, for services and activi13 ties that— 

14 ‘‘(1) are designed to carry out the comprehen15 sive program of the local educational agency for In16 dian students, and described in the application of 

17 the local educational agency submitted to the Sec18 retary under section 1264(a); 

19 ‘‘(2) are designed with special regard for the 

20 language and cultural needs of the Indian students; 

21 and 

22 ‘‘(3) supplement and enrich the regular school 

23 program of such agency. 

24 ‘‘(b) PARTICULAR ACTIVITIES.—The services and ac25 tivities referred to in subsection (a) may include— 


rfrederick on DSK4SPTVN1PROD with BILLS
206 

•HR 5 IH

1 ‘‘(1) culturally related activities that support 

2 the program described in the application submitted 

3 by the local educational agency; 

4 ‘‘(2) early childhood and family programs that 

5 emphasize school readiness; 

6 ‘‘(3) enrichment programs that focus on prob7 lem solving and cognitive skills development and di8 rectly support the attainment of State academic 

9 standards; 

10 ‘‘(4) integrated educational services in combina11 tion with other programs that meet the needs of In12 dian children and their families; 

13 ‘‘(5) programs that help engage parents and 

14 tribes to meet the unique educational needs of In15 dian children; 

16 ‘‘(6) career preparation activities to enable In17 dian students to participate in programs such as the 

18 programs supported by the Carl D. Perkins Career 

19 and Technical Education Act of 2006; 

20 ‘‘(7) activities to educate individuals concerning 

21 the prevention of substance abuse, violence, and sui22 cide; 

23 ‘‘(8) the acquisition of equipment, but only if 

24 the acquisition of the equipment is essential to 

25 achieve the purpose described in section 1261; 


rfrederick on DSK4SPTVN1PROD with BILLS
207 

•HR 5 IH

1 ‘‘(9) activities that promote the incorporation of 

2 culturally responsive teaching and learning strategies 

3 into the educational program of the local educational 

4 agency; 

5 ‘‘(10) activities that incorporate American In6 dian and Alaska Native specific curriculum content, 

7 consistent with State academic standards into the 

8 curriculum used by the local educational agency; 

9 ‘‘(11) family literacy services; and 

10 ‘‘(12) activities that recognize and support the 

11 unique cultural and educational needs of Indian chil12 dren, and incorporate appropriately qualified tribal 

13 elders and seniors. 

14 ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding 

15 any other provision of law, a local educational agency may 

16 use funds made available to such agency under this chap17 ter to support a schoolwide program under section 1114 

18 if— 

19 ‘‘(1) the committee established pursuant to sec20 tion 1264(c)(4) approves the use of the funds for 

21 the schoolwide program; and 

22 ‘‘(2) the schoolwide program is consistent with 

23 the purpose described in section 1261. 

24 ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

25 more than 5 percent of the funds provided to a grantee 


rfrederick on DSK4SPTVN1PROD with BILLS
208 

•HR 5 IH

1 under this chapter for any fiscal year may be used for 

2 administrative purposes. 

3 ‘‘(e) LIMITATION ON USE OF FUNDS.—Funds pro4 vided to a grantee under this chapter may not be used 

5 for long-distance travel expenses for training activities 

6 available locally or regionally. 

7 ‘‘SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED. 

8 ‘‘(a) PLAN.—An entity receiving funds under this 

9 chapter may submit a plan to the Secretary for the inte10 gration of education and related services provided to In11 dian students. 

12 ‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re13 ceipt of an acceptable plan under subsection (a), the Sec14 retary, in cooperation with each Federal agency providing 

15 grants for the provision of education and related services 

16 to the entity, shall authorize the entity to consolidate, in 

17 accordance with such plan, the federally funded education 

18 and related services programs of the entity and the Fed19 eral programs, or portions of the programs, serving Indian 

20 students in a manner that integrates the program services 

21 involved into a single, coordinated, comprehensive pro22 gram and reduces administrative costs by consolidating 

23 administrative functions. 

24 ‘‘(c) PROGRAMS AFFECTED.—The funds that may be 

25 consolidated in a demonstration project under any such 


rfrederick on DSK4SPTVN1PROD with BILLS
209 

•HR 5 IH

1 plan referred to in subsection (a) shall include funds for 

2 any Federal program exclusively serving Indian children, 

3 or the funds reserved under any Federal program to exclu4 sively serve Indian children, under which the entity is eligi5 ble for receipt of funds under a statutory or administrative 

6 formula for the purposes of providing education and re7 lated services that would be used to serve Indian students. 

8 ‘‘(d) PLAN REQUIREMENTS.—For a plan to be ac9 ceptable pursuant to subsection (b), the plan shall— 

10 ‘‘(1) identify the programs or funding sources 

11 to be consolidated; 

12 ‘‘(2) be consistent with the objectives of this 

13 section concerning authorizing the services to be in14 tegrated in a demonstration project; 

15 ‘‘(3) describe a comprehensive strategy that 

16 identifies the full range of potential educational op17 portunities and related services to be provided to as18 sist Indian students to achieve the objectives set 

19 forth in this chapter; 

20 ‘‘(4) describe the way in which services are to 

21 be integrated and delivered and the results expected 

22 from the plan; 

23 ‘‘(5) identify the projected expenditures under 

24 the plan in a single budget; 


rfrederick on DSK4SPTVN1PROD with BILLS
210 

•HR 5 IH

1 ‘‘(6) identify the State, tribal, or local agency 

2 or agencies to be involved in the delivery of the serv3 ices integrated under the plan; 

4 ‘‘(7) identify any statutory provisions, regula5 tions, policies, or procedures that the entity believes 

6 need to be waived in order to implement the plan; 

7 ‘‘(8) set forth measures for student academic 

8 achievement consistent with State academic stand9 ards under section 1111(b)(1); and 

10 ‘‘(9) be approved by a committee formed in ac11 cordance with section 1264(c)(4), if such a com12 mittee exists. 

13 ‘‘(e) PLAN REVIEW.—Upon receipt of the plan from 

14 an eligible entity, the Secretary shall consult with the Sec15 retary of each Federal department providing funds to be 

16 used to implement the plan, and with the entity submit17 ting the plan. The parties so consulting shall identify any 

18 waivers of statutory requirements or of Federal depart19 mental regulations, policies, or procedures necessary to en20 able the entity to implement the plan. Notwithstanding 

21 any other provision of law, the Secretary of the affected 

22 department shall have the authority to waive any regula23 tion, policy, or procedure promulgated by that department 

24 that has been so identified by the entity or department, 

25 unless the Secretary of the affected department deterVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
211 

•HR 5 IH

1 mines that such a waiver is inconsistent with the objectives 

2 of this chapter or those provisions of the statute from 

3 which the program involved derives authority that are spe4 cifically applicable to Indian students. 

5 ‘‘(f) PLAN APPROVAL.—Within 90 days after the re6 ceipt of an entity’s plan by the Secretary, the Secretary 

7 shall inform the entity, in writing, of the Secretary’s ap8 proval or disapproval of the plan. If the plan is dis9 approved, the entity shall be informed, in writing, of the 

10 reasons for the disapproval and shall be given an oppor11 tunity to amend the plan or to petition the Secretary to 

12 reconsider such disapproval. 

13 ‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU14 CATION.—The Secretary of Education, the Secretary of 

15 the Interior, and the head of any other Federal depart16 ment or agency identified by the Secretary of Education, 

17 shall enter into an interdepartmental memorandum of 

18 agreement providing for the implementation and coordina19 tion of the demonstration projects authorized under this 

20 section. The lead agency head for a demonstration project 

21 under this section shall be— 

22 ‘‘(1) the Secretary of the Interior, in the case 

23 of an entity meeting the definition of a contract or 

24 grant school under title XI of the Education Amend25 ments of 1978; or 


rfrederick on DSK4SPTVN1PROD with BILLS
212 

•HR 5 IH

1 ‘‘(2) the Secretary of Education, in the case of 

2 any other entity. 

3 ‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re4 sponsibilities of the lead agency shall include— 

5 ‘‘(1) the use of a single report format related 

6 to the plan for the individual project, which shall be 

7 used by an eligible entity to report on the activities 

8 undertaken under the project; 

9 ‘‘(2) the use of a single report format related 

10 to the projected expenditures for the individual 

11 project which shall be used by an eligible entity to 

12 report on all project expenditures; 

13 ‘‘(3) the development of a single system of Fed14 eral oversight for the project, which shall be imple15 mented by the lead agency; and 

16 ‘‘(4) the provision of technical assistance to an 

17 eligible entity appropriate to the project, except that 

18 an eligible entity shall have the authority to accept 

19 or reject the plan for providing such technical assist20 ance and the technical assistance provider. 

21 ‘‘(i) REPORT REQUIREMENTS.—A single report for22 mat shall be developed by the Secretary, consistent with 

23 the requirements of this section. Such report format shall 

24 require that reports described in subsection (h), together 

25 with records maintained on the consolidated program at 


rfrederick on DSK4SPTVN1PROD with BILLS
213 

•HR 5 IH

1 the local level, shall contain such information as will allow 

2 a determination that the eligible entity has complied with 

3 the requirements incorporated in its approved plan, in4 cluding making a demonstration of student academic 

5 achievement, and will provide assurances to each Sec6 retary that the eligible entity has complied with all directly 

7 applicable statutory requirements and with those directly 

8 applicable regulatory requirements that have not been 

9 waived. 

10 ‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall 

11 the amount of Federal funds available to an eligible entity 

12 involved in any demonstration project be reduced as a re13 sult of the enactment of this section. 

14 ‘‘(k) INTERAGENCY FUND TRANSFERS AUTHOR15 IZED.—The Secretary is authorized to take such action 

16 as may be necessary to provide for an interagency transfer 

17 of funds otherwise available to an eligible entity in order 

18 to further the objectives of this section. 

19 ‘‘(l) ADMINISTRATION OF FUNDS.— 

20 ‘‘(1) IN GENERAL.—Program funds for the con21 solidated programs shall be administered in such a 

22 manner as to allow for a determination that funds 

23 from a specific program are spent on allowable ac24 tivities authorized under such program, except that 

25 the eligible entity shall determine the proportion of 


rfrederick on DSK4SPTVN1PROD with BILLS
214 

•HR 5 IH

1 the funds granted that shall be allocated to such 

2 program. 

3 ‘‘(2) SEPARATE RECORDS NOT REQUIRED.— 

4 Nothing in this section shall be construed as requir5 ing the eligible entity to maintain separate records 

6 tracing any services or activities conducted under 

7 the approved plan to the individual programs under 

8 which funds were authorized for the services or ac9 tivities, nor shall the eligible entity be required to al10 locate expenditures 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 

14 (under each program’s or agency’s regulations). The over15 age (defined as the difference between the amount of the 

16 commingled funds and the actual administrative cost of 

17 the programs) shall be considered to be properly spent for 

18 Federal audit purposes, if the overage is used for the pur19 poses provided for under this section. 

20 ‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this 

21 subpart shall be construed so as to interfere with the abil22 ity of the Secretary or the lead agency to fulfill the respon23 sibilities for the safeguarding of Federal funds pursuant 

24 to chapter 75 of title 31, United States Code. 


rfrederick on DSK4SPTVN1PROD with BILLS
215 

•HR 5 IH

1 ‘‘(o) REPORT ON STATUTORY OBSTACLES TO PRO2 GRAM 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 

9 Representatives on the status of the implementation 

10 of the demonstration projects authorized under this 

11 section. 

12 ‘‘(2) CONTENTS.—Such report shall identify— 

13 ‘‘(A) statutory barriers to the ability of 

14 participants to more effectively integrate their 

15 education and related services to Indian stu16 dents in a manner consistent with the objectives 

17 of this section; and 

18 ‘‘(B) the effective practices for program in19 tegration that result in increased student 

20 achievement and other relevant outcomes for 

21 Indian students. 

22 ‘‘(p) DEFINITIONS.—For the purposes of this section, 

23 the term ‘Secretary’ means— 

24 ‘‘(1) the Secretary of the Interior, in the case 

25 of an entity meeting the definition of a contract or 


rfrederick on DSK4SPTVN1PROD with BILLS
216 

•HR 5 IH

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 

11 sets forth information establishing the status of the child 

12 as an Indian child eligible for assistance under this chap13 ter, and that otherwise meets the requirements of sub14 section (b). 

15 ‘‘(b) FORMS.—The form described in subsection (a) 

16 shall include— 

17 ‘‘(1) either— 

18 ‘‘(A)(i) the name of the tribe or band of 

19 Indians (as defined in section 1291) with re20 spect to which the child claims membership; 

21 ‘‘(ii) the enrollment number establishing 

22 the membership of the child (if readily avail23 able); and 

24 ‘‘(iii) the name and address of the organi25 zation that maintains updated and accurate 


rfrederick on DSK4SPTVN1PROD with BILLS
217 

•HR 5 IH

1 membership data for such tribe or band of Indi2 ans; 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 

12 of 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 

16 legal 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 

21 section shall be construed to affect a definition contained 

22 in section 1291. 

23 ‘‘(d) FORMS AND STANDARDS OF PROOF.—The 

24 forms and the standards of proof (including the standard 

25 of good faith compliance) that were in use during the 


rfrederick on DSK4SPTVN1PROD with BILLS
218 

•HR 5 IH

1 1985–1986 academic year to establish the eligibility of a 

2 child for entitlement under the Indian Elementary and 

3 Secondary School Assistance Act shall be the forms and 

4 standards of 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 deter9 mining whether a child is eligible to be counted for the 

10 purpose of computing the amount of a grant award under 

11 section 1263, the membership of the child, or any parent 

12 or grandparent of the child, in a tribe or band of Indians 

13 (as so defined) may be established by proof other than 

14 an enrollment number, notwithstanding the availability of 

15 an enrollment number for a member of such tribe or band. 

16 Nothing in subsection (b) shall be construed to require 

17 the furnishing 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 nec22 essary to carry out the responsibility of the Sec23 retary to provide technical assistance under this 

24 chapter, the Secretary shall conduct a moni25 toring and evaluation review of a sampling of 


rfrederick on DSK4SPTVN1PROD with BILLS
219 

•HR 5 IH

1 the recipients of grants under this chapter. The 

2 sampling conducted under this subparagraph 

3 shall take into account the size of and the geo4 graphic location of each local educational agen5 cy. 

6 ‘‘(B) EXCEPTION.—A local educational 

7 agency may not be held liable to the United 

8 States or be subject to any penalty, by reason 

9 of the findings of an audit that relates to the 

10 date of completion, or the date of submission, 

11 of any forms used to establish, before April 28, 

12 1988, the eligibility of a child for an entitle13 ment under the Indian Elementary and Sec14 ondary School Assistance Act. 

15 ‘‘(2) FALSE INFORMATION.—Any local edu16 cational agency that provides false information in an 

17 application for a grant under this chapter shall— 

18 ‘‘(A) be ineligible to apply for any other 

19 grant under this chapter; and 

20 ‘‘(B) be liable to the United States for any 

21 funds from the grant that have not been ex22 pended. 

23 ‘‘(3) EXCLUDED CHILDREN.—A student who 

24 provides false information for the form required 

25 under subsection (a) shall not be counted for the 


rfrederick on DSK4SPTVN1PROD with BILLS
220 

•HR 5 IH

1 purpose of computing the amount of a grant under 

2 section 1263. 

3 ‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.— 

4 Notwithstanding any other provision of this section, in cal5 culating the amount of a grant under this chapter to a 

6 tribal school that receives a grant or contract from the 

7 Bureau of Indian Education, the Secretary shall use only 

8 one of the following, as selected by the school: 

9 ‘‘(1) A count of the number of students in the 

10 schools certified by the Bureau. 

11 ‘‘(2) A count of the number of students for 

12 whom the school has eligibility forms that comply 

13 with this section. 

14 ‘‘(h) TIMING OF CHILD COUNTS.—For purposes of 

15 determining the number of children to be counted in calcu16 lating the amount of a local educational agency’s grant 

17 under this chapter (other than in the case described in 

18 subsection (g)(1)), the local educational agency shall— 

19 ‘‘(1) establish a date on, or a period not longer 

20 than 31 consecutive days during, which the agency 

21 counts those children, if that date or period occurs 

22 before the deadline established by the Secretary for 

23 submitting an application under section 1264; and 

24 ‘‘(2) determine that each such child was en25 rolled, and receiving a free public education, in a 


rfrederick on DSK4SPTVN1PROD with BILLS
221 

•HR 5 IH

1 school of the agency on that date or during that pe2 riod, as the case may be. 

3 ‘‘SEC. 1268. PAYMENTS. 

4 ‘‘(a) IN GENERAL.—Subject to subsections (b) and 

5 (c), the Secretary shall pay to each local educational agen6 cy that submits an application that is approved by the Sec7 retary under this chapter the amount determined under 

8 section 1263. The Secretary shall notify the local edu9 cational agency of the amount of the payment not later 

10 than June 1 of the year for which the Secretary makes 

11 the payment. 

12 ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE

13 STATE.—The Secretary may not make a grant under this 

14 chapter to a local educational agency for a fiscal year if, 

15 for such fiscal year, the State in which the local edu16 cational agency is located takes into consideration pay17 ments made under this chapter in determining the eligi18 bility of the local educational agency for State aid, or the 

19 amount of the State aid, with respect to the free public 

20 education of children during such fiscal year or the pre21 ceding fiscal year. 

22 ‘‘(c) REALLOCATIONS.—The Secretary may reallo23 cate, in a manner that the Secretary determines will best 

24 carry out the purpose of this chapter, any amounts that— 


rfrederick on DSK4SPTVN1PROD with BILLS
222 

•HR 5 IH

1 ‘‘(1) based on estimates made by local edu2 cational agencies or other information, the Secretary 

3 determines will not be needed by such agencies to 

4 carry out approved programs under this chapter; or 

5 ‘‘(2) otherwise become available for reallocation 

6 under this chapter. 

7 ‘‘SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW. 

8 ‘‘Before submitting an application to the Secretary 

9 under section 1264, a local educational agency shall sub10 mit the application to the State educational agency, which 

11 may comment on such application. If the State educational 

12 agency comments on the application, the agency shall com13 ment on all applications submitted by local educational 

14 agencies in the State and shall provide those comments 

15 to the respective local educational agencies, with an oppor16 tunity to respond. 

17 ‘‘CHAPTER B—SPECIAL PROGRAMS AND 

18 PROJECTS TO IMPROVE EDU19 CATIONAL OPPORTUNITIES FOR IN20 DIAN CHILDREN 

21 ‘‘SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNI22 TIES FOR INDIAN CHILDREN. 

23 ‘‘(a) PURPOSE.— 

24 ‘‘(1) IN GENERAL.—It is the purpose of this 

25 section to support projects to develop, test, and demVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
223 

•HR 5 IH

1 onstrate the effectiveness of services and programs 

2 to improve educational opportunities and achieve3 ment of Indian children. 

4 ‘‘(2) COORDINATION.—The Secretary shall take 

5 the necessary actions to achieve the coordination of 

6 activities assisted under this chapter with— 

7 ‘‘(A) other programs funded under this 

8 Act; and 

9 ‘‘(B) other Federal programs operated for 

10 the benefit of American Indian and Alaska Na11 tive children. 

12 ‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 

13 ‘eligible entity’ means a State educational agency, local 

14 educational agency, Indian tribe, Indian organization, fed15 erally supported elementary school or secondary school for 

16 Indian students, Indian institution (including an Indian 

17 institution of higher education), or a consortium of such 

18 entities. 

19 ‘‘(c) GRANTS AUTHORIZED.— 

20 ‘‘(1) IN GENERAL.—From amounts appro21 priated under section 3(a)(1), the Secretary shall re22 serve 0.2 of one percent to award grants to eligible 

23 entities to enable such entities to carry out activities 

24 under this section and section 1272. 


rfrederick on DSK4SPTVN1PROD with BILLS
224 

•HR 5 IH

1 ‘‘(2) USES OF FUNDS.—An eligible entity that 

2 receives a grant under this section shall use the 

3 funds for one or more activities, including— 

4 ‘‘(A) innovative programs related to the 

5 educational needs of educationally disadvan6 taged children; 

7 ‘‘(B) educational services that are not 

8 available to such children in sufficient quantity 

9 or quality, including remedial instruction, to 

10 raise the achievement of Indian children in one 

11 or more of the core academic subjects of 

12 English, mathematics, science, foreign lan13 guages, art, history, and geography; 

14 ‘‘(C) bilingual and bicultural programs and 

15 projects; 

16 ‘‘(D) special health and nutrition services, 

17 and other related activities, that address the 

18 special health, social, and psychological prob19 lems of Indian children; 

20 ‘‘(E) special compensatory and other pro21 grams and projects designed to assist and en22 courage Indian children to enter, remain in, or 

23 reenter school, and to increase the rate of high 

24 school graduation for Indian children; 


rfrederick on DSK4SPTVN1PROD with BILLS
225 

•HR 5 IH

1 ‘‘(F) comprehensive guidance, counseling, 

2 and testing services; 

3 ‘‘(G) early childhood and kindergarten pro4 grams, including family-based preschool pro5 grams that emphasize school readiness and pa6 rental skills, and the provision of services to In7 dian children with disabilities; 

8 ‘‘(H) partnership projects between local 

9 educational agencies and institutions of higher 

10 education that allow secondary school students 

11 to enroll in courses at the postsecondary level to 

12 aid such students in the transition from sec13 ondary to postsecondary education; 

14 ‘‘(I) partnership projects between schools 

15 and local businesses for career preparation pro16 grams designed to provide Indian youth with 

17 the knowledge and skills such youth need to 

18 make an effective transition from school to a 

19 high-skill, high-wage career; 

20 ‘‘(J) programs designed to encourage and 

21 assist Indian students to work toward, and gain 

22 entrance into, an institution of higher edu23 cation; 

24 ‘‘(K) family literacy services; 


rfrederick on DSK4SPTVN1PROD with BILLS
226 

•HR 5 IH

1 ‘‘(L) activities that recognize and support 

2 the unique cultural and educational needs of In3 dian children, and incorporate appropriately 

4 qualified tribal elders and seniors; or 

5 ‘‘(M) other services that meet the purpose 

6 described in this section. 

7 ‘‘(3) PROFESSIONAL DEVELOPMENT.—Evidence 

8 based professional development of teaching profes9 sionals and paraprofessionals may be a part of any 

10 program assisted under this section. 

11 ‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— 

12 ‘‘(1) GRANT REQUIREMENTS.— 

13 ‘‘(A) IN GENERAL.—The Secretary may 

14 make multiyear grants under subsection (c) for 

15 the planning, development, pilot operation, or 

16 demonstration of any activity described in sub17 section (c) for a period not to exceed 5 years. 

18 ‘‘(B) PRIORITY.—In making multiyear 

19 grants described in this paragraph, the Sec20 retary shall give priority to entities submitting 

21 applications that present a plan for combining 

22 two or more of the activities described in sub23 section (c) over a period of more than 1 year. 

24 ‘‘(C) PROGRESS.—The Secretary shall 

25 make a grant payment for a grant described in 


rfrederick on DSK4SPTVN1PROD with BILLS
227 

•HR 5 IH

1 this paragraph to an eligible entity after the 

2 initial year of the multiyear grant only if the 

3 Secretary determines that the eligible entity has 

4 made substantial progress in carrying out the 

5 activities assisted under the grant in accordance 

6 with the application submitted under paragraph 

7 (3) and any subsequent modifications to such 

8 application. 

9 ‘‘(2) DISSEMINATION GRANTS.— 

10 ‘‘(A) IN GENERAL.—In addition to award11 ing the multiyear grants described in paragraph 

12 (1), the Secretary may award grants under sub13 section (c) to eligible entities for the dissemina14 tion of exemplary materials or programs as15 sisted under this section. 

16 ‘‘(B) DETERMINATION.—The Secretary 

17 may award a dissemination grant described in 

18 this paragraph if, prior to awarding the grant, 

19 the Secretary determines that the material or 

20 program to be disseminated— 

21 ‘‘(i) has been adequately reviewed; 

22 ‘‘(ii) has demonstrated educational 

23 merit; and 

24 ‘‘(iii) can be replicated. 

25 ‘‘(3) APPLICATION.— 


rfrederick on DSK4SPTVN1PROD with BILLS
228 

•HR 5 IH

1 ‘‘(A) IN GENERAL.—Any eligible entity 

2 that desires to receive a grant under this sec3 tion shall submit an application to the Sec4 retary at such time and in such manner as the 

5 Secretary may reasonably require. 

6 ‘‘(B) CONTENTS.—Each application sub7 mitted to the Secretary under subparagraph 

8 (A), other than an application for a dissemina9 tion grant under paragraph (2), shall contain— 

10 ‘‘(i) a description of how parents of 

11 Indian children and representatives of In12 dian tribes have been, and will be, involved 

13 in developing and implementing the activi14 ties for which assistance is sought; 

15 ‘‘(ii) assurances that the applicant will 

16 participate, at the request of the Secretary, 

17 in any national evaluation of activities as18 sisted under this section; 

19 ‘‘(iii) information demonstrating that 

20 the proposed program for the activities is 

21 an evidence-based program, which may in22 clude a program that has been modified to 

23 be culturally appropriate for students who 

24 will be served; and 


rfrederick on DSK4SPTVN1PROD with BILLS
229 

•HR 5 IH

1 ‘‘(iv) a description of how the appli2 cant will incorporate the proposed activities 

3 into the ongoing school program involved 

4 once the grant period is over. 

5 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per6 cent of the funds provided to a grantee under this chapter 

7 for any fiscal year may be used for administrative pur8 poses. 

9 ‘‘SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS 

10 AND EDUCATION PROFESSIONALS. 

11 ‘‘(a) PURPOSES.—The purposes of this section are— 

12 ‘‘(1) to increase the number of qualified Indian 

13 teachers, school leaders, or other education profes14 sionals serving Indian students, including through 

15 recruitment strategies; 

16 ‘‘(2) to provide training to qualified Indian indi17 viduals to enable such individuals to become effective 

18 teachers, school leaders, administrators, teacher 

19 aides, social workers, and ancillary educational per20 sonnel; and 

21 ‘‘(3) to improve the skills of qualified Indian in22 dividuals who serve in the capacities described in 

23 paragraph (2). 

24 ‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this 

25 section, the term ‘eligible entity’ means— 


rfrederick on DSK4SPTVN1PROD with BILLS
230 

•HR 5 IH

1 ‘‘(1) an institution of higher education, includ2 ing an Indian institution of higher education; 

3 ‘‘(2) a State educational agency or local edu4 cational agency, in consortium with an institution of 

5 higher education; 

6 ‘‘(3) an Indian tribe or organization, in consor7 tium with an institution of higher education; and 

8 ‘‘(4) a Bureau-funded school (as defined in sec9 tion 1146 of the Education Amendments of 1978). 

10 ‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au11 thorized to award grants from funds reserved under sec12 tion 1271(c)(1) to eligible entities having applications ap13 proved under this section to enable those entities to carry 

14 out the activities described in subsection (d). 

15 ‘‘(d) AUTHORIZED ACTIVITIES.— 

16 ‘‘(1) IN GENERAL.—Grant funds under this sec17 tion shall be used for activities to provide support 

18 and training for Indian individuals in a manner con19 sistent with the purposes of this section. 

20 ‘‘(2) SPECIAL RULES.— 

21 ‘‘(A) TYPE OF TRAINING.—For education 

22 personnel, the training received pursuant to a 

23 grant under this section may be inservice or 

24 preservice training. 


rfrederick on DSK4SPTVN1PROD with BILLS
231 

•HR 5 IH

1 ‘‘(B) PROGRAM.—For individuals who are 

2 being trained to enter any education-related 

3 field other than teaching, the training received 

4 pursuant to a grant under this section shall be 

5 in a program that results in a graduate degree. 

6 ‘‘(e) APPLICATION.—Each eligible entity desiring a 

7 grant under this section shall submit an application to the 

8 Secretary at such time and in such manner as the Sec9 retary may reasonably require. An application shall in10 clude how the eligible entity will— 

11 ‘‘(1) recruit qualified Indian individuals, such 

12 as students who may not be of traditional college 

13 age, to become teachers or school leaders; 

14 ‘‘(2) use funds made available under the grant 

15 to support the recruitment, preparation, and profes16 sional development of Indian teachers or school lead17 ers in local educational agencies that serve a high 

18 proportion of Indian students; and 

19 ‘‘(3) assist participants in meeting the require20 ments under subsection (h). 

21 ‘‘(f) SPECIAL RULE.—In awarding grants under this 

22 section, the Secretary— 

23 ‘‘(1) shall consider the prior performance of the 

24 eligible entity; and 


rfrederick on DSK4SPTVN1PROD with BILLS
232 

•HR 5 IH

1 ‘‘(2) may not limit eligibility to receive a grant 

2 under this section on the basis of— 

3 ‘‘(A) the number of previous grants the 

4 Secretary has awarded such entity; or 

5 ‘‘(B) the length of any period during which 

6 such entity received such grants. 

7 ‘‘(g) GRANT PERIOD.—Each grant under this section 

8 shall be awarded for an initial period of not more than 

9 three years, and may be renewed for not more than an 

10 additional two years if the Secretary finds that the grantee 

11 is meeting the grant objectives. 

12 ‘‘(h) SERVICE OBLIGATION.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall re14 quire, by regulation, that an individual who receives 

15 training pursuant to a grant made under this sec16 tion— 

17 ‘‘(A) perform work— 

18 ‘‘(i) related to the training received 

19 under this section; and 

20 ‘‘(ii) that benefits Indian people; or 

21 ‘‘(B) repay all or a prorated part of the as22 sistance received. 

23 ‘‘(2) REPORTING.—The Secretary shall estab24 lish, by regulation, a reporting procedure under 

25 which a grant recipient under this section shall, not 


rfrederick on DSK4SPTVN1PROD with BILLS
233 

•HR 5 IH

1 later than 12 months after the date of completion of 

2 the training, and periodically thereafter, provide in3 formation concerning compliance with the work re4 quirement under paragraph (1). 

5 ‘‘CHAPTER C—FEDERAL ADMINISTRATION 

6 ‘‘SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDU7 CATION. 

8 ‘‘(a) MEMBERSHIP.—There is established a National 

9 Advisory Council on Indian Education (hereafter in this 

10 section referred to as the ‘Council’), which shall— 

11 ‘‘(1) consist of 15 Indian members, who shall 

12 be appointed by the President from lists of nominees 

13 furnished, from time to time, by Indian tribes and 

14 organizations; and 

15 ‘‘(2) represent different geographic areas of the 

16 United States. 

17 ‘‘(b) DUTIES.—The Council shall— 

18 ‘‘(1) advise the Secretary concerning the fund19 ing and administration (including the development of 

20 regulations and administrative policies and prac21 tices) of any program, including any program estab22 lished under this subpart— 

23 ‘‘(A) with respect to which the Secretary 

24 has jurisdiction; and 


rfrederick on DSK4SPTVN1PROD with BILLS
234 

•HR 5 IH

1 ‘‘(B)(i) that includes Indian children or 

2 adults as participants; or 

3 ‘‘(ii) that may benefit Indian children or 

4 adults; 

5 ‘‘(2) make recommendations to the Secretary 

6 for filling the position of Director of Indian Edu7 cation whenever a vacancy occurs; and 

8 ‘‘(3) submit to Congress, not later than June 

9 30 of each year, a report on the activities of the 

10 Council, including— 

11 ‘‘(A) any recommendations that the Coun12 cil considers appropriate for the improvement of 

13 Federal education programs that include Indian 

14 children or adults as participants, or that may 

15 benefit Indian children or adults; and 

16 ‘‘(B) recommendations concerning the 

17 funding of any program described in subpara18 graph (A). 

19 ‘‘SEC. 1282. PEER REVIEW. 

20 ‘‘The Secretary may use a peer review process to re21 view applications submitted to the Secretary under chap22 ter B. 

23 ‘‘SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS. 

24 ‘‘In making grants and entering into contracts or co25 operative agreements under chapter B, the Secretary shall 


rfrederick on DSK4SPTVN1PROD with BILLS
235 

•HR 5 IH

1 give a preference to Indian tribes, organizations, and insti2 tutions of higher education under any program with re3 spect to which Indian tribes, organizations, and institu4 tions are eligible to apply for grants, contracts, or coopera5 tive agreements. 

6 ‘‘SEC. 1284. MINIMUM GRANT CRITERIA. 

7 ‘‘The Secretary may not approve an application for 

8 a grant, contract, or cooperative agreement under chapter 

9 B unless the application is for a grant, contract, or cooper10 ative agreement that is— 

11 ‘‘(1) of sufficient size, scope, and quality to 

12 achieve the purpose or objectives of such grant, con13 tract, or cooperative agreement; and 

14 ‘‘(2) based on relevant research findings. 

15 ‘‘CHAPTER D—DEFINITIONS 

16 ‘‘SEC. 1291. DEFINITIONS. 

17 ‘‘For the purposes of this subpart: 

18 ‘‘(1) ADULT.—The term ‘adult’ means an indi19 vidual who— 

20 ‘‘(A) has attained the age of 16 years; or 

21 ‘‘(B) has attained an age that is greater 

22 than the age of compulsory school attendance 

23 under an applicable State law. 

24 ‘‘(2) ALASKA NATIVE.—The term ‘Alaska Na25 tive’ has the same meaning as the term ‘Native’ has 


rfrederick on DSK4SPTVN1PROD with BILLS
236 

•HR 5 IH

1 in section 3(b) of the Alaska Native Claims Settle2 ment Act. 

3 ‘‘(3) FREE PUBLIC EDUCATION.—The term 

4 ‘free public education’ means education that is— 

5 ‘‘(A) provided at public expense, under 

6 public supervision and direction, and without 

7 tuition charge; and 

8 ‘‘(B) provided as elementary or secondary 

9 education in the applicable State or to preschool 

10 children. 

11 ‘‘(4) INDIAN.—The term ‘Indian’ means an in12 dividual who is— 

13 ‘‘(A) a member of an Indian tribe or band, 

14 as membership is defined by the tribe or band, 

15 including— 

16 ‘‘(i) any tribe or band terminated 

17 since 1940; and 

18 ‘‘(ii) any tribe or band recognized by 

19 the State in which the tribe or band re20 sides; 

21 ‘‘(B) a descendant, in the first or second 

22 degree, of an individual described in subpara23 graph (A); 

24 ‘‘(C) considered by the Secretary of the In25 terior to be an Indian for any purpose; 


rfrederick on DSK4SPTVN1PROD with BILLS
237 

•HR 5 IH

1 ‘‘(D) an Eskimo, Aleut, or other Alaska 

2 Native; or 

3 ‘‘(E) a member of an organized Indian 

4 group that received a grant under the Indian 

5 Education Act of 1988 as in effect the day pre6 ceding the date of enactment of the Improving 

7 America’s Schools Act of 1994.’’. 

8 (b) STRIKE.—The Act is amended by striking title 

9 VII (20 U.S.C. 7401 et seq.). 

10 Subtitle D—National Assessment 

11 SEC. 141. NATIONAL ASSESSMENT OF TITLE I. 

12 (a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 

13 et seq.) is redesignated as part B of title I. 

14 (b) REPEALS.—Sections 1502 and 1504 (20 U.S.C. 

15 6492; 6494) are repealed. 

16 (c) REDESIGNATIONS.—Sections 1501 and 1503 (20 

17 U.S.C. 6491; 6493) are redesignated as sections 1301 and 

18 1302, respectively. 

19 (d) AMENDMENTS TO SECTION 1301.—Section 1301 

20 (20 U.S.C. 6491), as so redesignated, is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1), by inserting ‘‘, act23 ing through the Director of the Institute of 

24 Education Sciences (in this section and section 


rfrederick on DSK4SPTVN1PROD with BILLS
238 

•HR 5 IH

1 1302 referred to as the ‘Director’),’’ after ‘‘The 

2 Secretary’’; 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘Secretary’’ and insert5 ing ‘‘Director’’; 

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

7 ‘‘reaching the proficient level’’ and all that 

8 follows and inserting ‘‘graduating high 

9 school prepared for postsecondary edu10 cation or the workforce.’’; 

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

12 ‘‘reach the proficient’’ and all that follows 

13 and inserting ‘‘meet State academic stand14 ards.’’; 

15 (iv) by striking subparagraphs (D) 

16 and (G) and redesignating subparagraphs 

17 (E), (F), and (H) through (O) as subpara18 graphs (D) through (M), respectively; 

19 (v) in subparagraph (D)(v) (as so re20 designated), by striking ‘‘help schools in 

21 which’’ and all that follows and inserting 

22 ‘‘address disparities in the percentages of 

23 effective teachers teaching in low-income 

24 schools.’’; 


rfrederick on DSK4SPTVN1PROD with BILLS
239 

•HR 5 IH

1 (vi) in subparagraph (G) (as so redes2 ignated)— 

3 (I) by striking ‘‘section 1116’’ 

4 and inserting ‘‘section 

5 1111(b)(3)(B)(iii)’’; and 

6 (II) by striking ‘‘, including the 

7 following’’ and all that follows and in8 serting a period; 

9 (vii) in subparagraph (I) (as so redes10 ignated), by striking ‘‘qualifications’’ and 

11 inserting ‘‘effectiveness’’; 

12 (viii) in subparagraph (J) (as so re13 designated), by striking ‘‘, including funds 

14 under section 1002,’’; 

15 (ix) in subparagraph (L) (as so redes16 ignated), by striking ‘‘section 

17 1111(b)(2)(C)(v)(II)’’ and inserting ‘‘sec18 tion 1111(b)(3)(B)(ii)(II)’’; and 

19 (x) in subparagraph (M) (as so redes20 ignated), by striking ‘‘Secretary’’ and in21 serting ‘‘Director’’; 

22 (C) in paragraph (3), by striking ‘‘Sec23 retary’’ and inserting ‘‘Director’’; 

24 (D) in paragraph (4), by striking ‘‘Sec25 retary’’ and inserting ‘‘Director’’; 


rfrederick on DSK4SPTVN1PROD with BILLS
240 

•HR 5 IH

1 (E) in paragraph (5), by striking ‘‘Sec2 retary’’ and inserting ‘‘Director’’; and 

3 (F) in paragraph (6)— 

4 (i) by striking ‘‘No Child Left Behind 

5 Act of 2001’’ each place it appears and in6 serting ‘‘Student Success Act’’; and 

7 (ii) by striking ‘‘Secretary’’ each place 

8 it appears and inserting ‘‘Director’’; 

9 (2) in subsection (b), by striking ‘‘Secretary’’ 

10 each place it appears and inserting ‘‘Director’’; 

11 (3) in subsection (c)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘Secretary’’ and insert14 ing ‘‘Director’’; and 

15 (ii) by striking ‘‘part A’’ and inserting 

16 ‘‘subpart 1 of part A’’; 

17 (B) in paragraph (2)— 

18 (i) by striking ‘‘Secretary’’ and insert19 ing ‘‘Director’’; 

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

21 ‘‘challenging academic achievement stand22 ards’’ and inserting ‘‘State academic 

23 standards’’; 

24 (iii) in subparagraph (E), by striking 

25 ‘‘effects of the availability’’ and all that 


rfrederick on DSK4SPTVN1PROD with BILLS
241 

•HR 5 IH

1 follows and inserting ‘‘extent to which ac2 tions authorized under section 

3 1111(b)(3)(B)(iii) improve the academic 

4 achievement of disadvantaged students and 

5 low-performing schools.’’; and 

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

7 ‘‘Secretary’’ and inserting ‘‘Director’’; and 

8 (C) in paragraph (3)— 

9 (i) by striking ‘‘Secretary’’ and insert10 ing ‘‘Director’’; and 

11 (ii) by striking subparagraph (C) and 

12 inserting the following: 

13 ‘‘(C) analyzes varying models or strategies 

14 for delivering school services, including 

15 schoolwide and targeted services.’’; and 

16 (4) in subsection (d), by striking ‘‘Secretary’’ 

17 each place it appears and inserting ‘‘Director’’. 

18 (e) AMENDMENTS TO SECTION 1302.—Section 1302 

19 (20 U.S.C. 6493), as so redesignated, is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘Secretary’’ and inserting 

22 ‘‘Director’’; and 

23 (B) by striking ‘‘and for making decisions 

24 about the promotion and graduation of stu25 dents’’; 


rfrederick on DSK4SPTVN1PROD with BILLS
242 

•HR 5 IH

1 (2) in subsection (b)— 

2 (A) by striking ‘‘Secretary’’ the first place 

3 it appears and inserting ‘‘Director’’; 

4 (B) by striking ‘‘process,’’ and inserting 

5 ‘‘process consistent with section 1206,’’; and 

6 (C) by striking ‘‘Assistant Secretary of 

7 Educational Research and Improvement’’ and 

8 inserting ‘‘Director’’; 

9 (3) in subsection (d)— 

10 (A) in paragraph (1)— 

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

12 ‘‘to the State-defined level of proficiency’’ 

13 and inserting ‘‘toward meeting the State 

14 academic standards’’; and 

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

16 ‘‘pupil-services’’ and inserting ‘‘specialized 

17 instructional support services’’; 

18 (B) in paragraph (3), by striking ‘‘limited 

19 and nonlimited English proficient students’’ 

20 and inserting ‘‘English learners’’; and 

21 (C) in paragraph (6), by striking ‘‘Sec22 retary’’ and inserting ‘‘Director’’; and 

23 (4) in subsection (f)— 

24 (A) by striking ‘‘Secretary’’ and inserting 

25 ‘‘Director’’; and 


rfrederick on DSK4SPTVN1PROD with BILLS
243 

•HR 5 IH

1 (B) by striking ‘‘authorized to be appro2 priated for this part’’ and inserting ‘‘appro3 priated under section 3(a)(2)’’. 

4 Subtitle E—Title I General 

5 Provisions 

6 SEC. 151. GENERAL PROVISIONS FOR TITLE I. 

7 Part I of title I (20 U.S.C. 6571 et seq.)— 

8 (1) is transferred to and redesignated as part 

9 C of title I of the Act; and 

10 (2) is amended to read as follows: 

11 ‘‘PART C—GENERAL PROVISIONS 

12 ‘‘SEC. 1401. FEDERAL REGULATIONS. 

13 ‘‘(a) IN GENERAL.—The Secretary may, in accord14 ance with subsections (b) through (d), issue such regula15 tions as are necessary to reasonably ensure there is com16 pliance with this title. 

17 ‘‘(b) NEGOTIATED RULEMAKING PROCESS.— 

18 ‘‘(1) IN GENERAL.—Before publishing in the 

19 Federal Register proposed regulations to carry out 

20 this title, the Secretary shall obtain the advice and 

21 recommendations of representatives of Federal, 

22 State, and local administrators, parents, teachers, 

23 and members of local school boards and other orga24 nizations involved with the implementation and oper25 ation of programs under this title. 


rfrederick on DSK4SPTVN1PROD with BILLS
244 

•HR 5 IH

1 ‘‘(2) MEETINGS AND ELECTRONIC EX2 CHANGE.—Such advice and recommendations may 

3 be obtained through such mechanisms as regional 

4 meetings and electronic exchanges of information. 

5 ‘‘(3) PROPOSED REGULATIONS.—After obtain6 ing such advice and recommendations, and before 

7 publishing proposed regulations, the Secretary 

8 shall— 

9 ‘‘(A) establish a negotiated rulemaking 

10 process; 

11 ‘‘(B) select individuals to participate in 

12 such process from among individuals or groups 

13 that provided advice and recommendations, in14 cluding representation from all geographic re15 gions of the United States, in such numbers as 

16 will provide an equitable balance between rep17 resentatives of parents and students and rep18 resentatives of educators and education offi19 cials; and 

20 ‘‘(C) prepare a draft of proposed policy op21 tions that shall be provided to the individuals 

22 selected by the Secretary under subparagraph 

23 (B) not less than 15 days before the first meet24 ing under such process. 


rfrederick on DSK4SPTVN1PROD with BILLS
245 

•HR 5 IH

1 ‘‘(c) PROPOSED RULEMAKING.—If the Secretary de2 termines that a negotiated rulemaking process is unneces3 sary or the individuals selected to participate in the proc4 ess under paragraph (3)(B) fail to reach unanimous agree5 ment, the Secretary may propose regulations under the 

6 following procedure: 

7 ‘‘(1) Not less than 30 days prior to beginning 

8 a rulemaking process, the Secretary shall provide to 

9 Congress, including the Committee on Education 

10 and the Workforce of the House of Representatives 

11 and the Committee on Health, Education, Labor, 

12 and Pensions of the Senate, notice that shall in13 clude— 

14 ‘‘(A) a copy of the proposed regulations; 

15 ‘‘(B) the need to issue regulations; 

16 ‘‘(C) the anticipated burden, including the 

17 time, cost, and paperwork burden, the regula18 tions will have on State educational agencies, 

19 local educational agencies, schools, and other 

20 entities that may be impacted by the regula21 tions; and 

22 ‘‘(D) any regulations that will be repealed 

23 when the new regulations are issued. 

24 ‘‘(2) 30 days after giving notice of the proposed 

25 rule to Congress, the Secretary may proceed with 


rfrederick on DSK4SPTVN1PROD with BILLS
246 

•HR 5 IH

1 the rulemaking process after all comments received 

2 from the Congress have been addressed and pub3 lishing how such comments are addressed with the 

4 proposed rule. 

5 ‘‘(3) The comment and review period for any 

6 proposed regulation shall be 90 days unless an emer7 gency requires a shorter period, in which case such 

8 period shall be not less than 45 days and the Sec9 retary shall— 

10 ‘‘(A) designate the proposed regulation as 

11 an emergency with an explanation of the emer12 gency in the notice and report to Congress 

13 under paragraph (1); and 

14 ‘‘(B) publish the length of the comment 

15 and review period in such notice and in the 

16 Federal Register. 

17 ‘‘(4) No regulation shall be made final after the 

18 comment and review period until the Secretary has 

19 published in the Federal Register an independent as20 sessment of— 

21 ‘‘(A) the burden, including the time, cost, 

22 and paperwork burden, the regulation will im23 pose on State educational agencies, local edu24 cational agencies, schools and other entities 

25 that may be impacted by the regulation; and 


rfrederick on DSK4SPTVN1PROD with BILLS
247 

•HR 5 IH

1 ‘‘(B) an explanation of how the entities de2 scribed in subparagraph (A) may cover the cost 

3 of the burden assessed under subparagraph (A). 

4 ‘‘(d) LIMITATION.—Regulations to carry out this title 

5 may not require local programs to follow a particular in6 structional model, such as the provision of services outside 

7 the regular classroom or school program. 

8 ‘‘SEC. 1402. AGREEMENTS AND RECORDS. 

9 ‘‘(a) AGREEMENTS.—In the case in which a nego10 tiated rule making process is established under subsection 

11 (b) of section 1401, all published proposed regulations 

12 shall conform to agreements that result from the rule13 making described in section 1401 unless the Secretary re14 opens the negotiated rulemaking process. 

15 ‘‘(b) RECORDS.—The Secretary shall ensure that an 

16 accurate and reliable record of agreements reached during 

17 the negotiations process is maintained. 

18 ‘‘SEC. 1403. STATE ADMINISTRATION. 

19 ‘‘(a) RULEMAKING.— 

20 ‘‘(1) IN GENERAL.—Each State that receives 

21 funds under this title shall— 

22 ‘‘(A) ensure that any State rules, regula23 tions, and policies relating to this title conform 

24 to the purposes of this title and provide any 

25 such proposed rules, regulations, and policies to 


rfrederick on DSK4SPTVN1PROD with BILLS
248 

•HR 5 IH

1 the committee of practitioners created under 

2 subsection (b) for review and comment; 

3 ‘‘(B) minimize such rules, regulations, and 

4 policies to which the State’s local educational 

5 agencies and schools are subject; 

6 ‘‘(C) eliminate or modify State and local 

7 fiscal accounting requirements in order to facili8 tate the ability of schools to consolidate funds 

9 under schoolwide programs; 

10 ‘‘(D) identify any such rule, regulation, or 

11 policy as a State-imposed requirement; and 

12 ‘‘(E)(i) identify any duplicative or con13 trasting requirements between the State and 

14 Federal rules or regulations; 

15 ‘‘(ii) eliminate the rules and regulations 

16 that are duplicative of Federal requirements; 

17 and 

18 ‘‘(iii) report any conflicting requirements 

19 to the Secretary and determine which Federal 

20 or State rule or regulation shall be followed. 

21 ‘‘(2) SUPPORT AND FACILITATION.—State 

22 rules, regulations, and policies under this title shall 

23 support and facilitate local educational agency and 

24 school-level systemic reform designed to enable all 

25 children to meet the State academic standards. 


rfrederick on DSK4SPTVN1PROD with BILLS
249 

•HR 5 IH

1 ‘‘(b) COMMITTEE OF PRACTITIONERS.— 

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

3 agency that receives funds under this title shall cre4 ate a State committee of practitioners to advise the 

5 State in carrying out its responsibilities under this 

6 title. 

7 ‘‘(2) MEMBERSHIP.—Each such committee 

8 shall include— 

9 ‘‘(A) as a majority of its members, rep10 resentatives from local educational agencies; 

11 ‘‘(B) administrators, including the admin12 istrators of programs described in other parts 

13 of this title; 

14 ‘‘(C) teachers from public charter schools, 

15 traditional public schools, and career and tech16 nical educators; 

17 ‘‘(D) parents; 

18 ‘‘(E) members of local school boards; 

19 ‘‘(F) representatives of private school chil20 dren; and 

21 ‘‘(G) specialized instructional support per22 sonnel. 

23 ‘‘(3) DUTIES.—The duties of such committee 

24 shall include a review, before publication, of any pro25 posed or final State rule or regulation pursuant to 


rfrederick on DSK4SPTVN1PROD with BILLS
250 

•HR 5 IH

1 this title. In an emergency situation where such rule 

2 or regulation must be issued within a very limited 

3 time to assist local educational agencies with the op4 eration of the program under this title, the State 

5 educational agency may issue a regulation without 

6 prior consultation, but shall immediately thereafter 

7 convene the State committee of practitioners to re8 view the emergency regulation before issuance in 

9 final form. 

10 ‘‘SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED 

11 SPENDING. 

12 ‘‘Nothing in this title shall be construed to mandate 

13 equalized spending per pupil for a State, local educational 

14 agency, or school.’’. 

15 TITLE II—TEACHER PREPARA16 TION AND EFFECTIVENESS 

17 SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS. 

18 (a) HEADING.—The title heading for title II (20 

19 U.S.C. 6601 et seq.) is amended to read as follows: 

20 ‘‘TITLE II—TEACHER PREPARA21 TION AND EFFECTIVENESS’’. 

22 (b) PART A.—Part A of title II (20 U.S.C. 6601 et 

23 seq.) is amended to read as follows: 


rfrederick on DSK4SPTVN1PROD with BILLS
251 

•HR 5 IH

1 ‘‘PART A—SUPPORTING EFFECTIVE 

2 INSTRUCTION 

3 ‘‘SEC. 2101. PURPOSE. 

4 ‘‘The purpose of this part is to provide grants to 

5 State educational agencies and subgrants to local edu6 cational agencies to— 

7 ‘‘(1) increase student achievement consistent 

8 with State academic standards under section 1111; 

9 ‘‘(2) improve teacher and school leader effec10 tiveness in classrooms and schools respectively; 

11 ‘‘(3) provide evidence-based, job-embedded, con12 tinuous professional development; and 

13 ‘‘(4) develop and implement teacher evaluation 

14 systems that use, in part, student achievement data 

15 to determine teacher effectiveness. 

16 ‘‘Subpart 1—Grants to States 

17 ‘‘SEC. 2111. ALLOTMENTS TO STATES. 

18 ‘‘(a) IN GENERAL.—Of the amounts appropriated 

19 under section 3(b), the Secretary shall reserve 75 percent 

20 to make grants to States with applications approved under 

21 section 2112 to pay for the Federal share of the cost of 

22 carrying out the activities specified in section 2113. Each 

23 grant shall consist of the allotment determined for a State 

24 under subsection (b). 

25 ‘‘(b) DETERMINATION OF ALLOTMENTS.— 


rfrederick on DSK4SPTVN1PROD with BILLS
252 

•HR 5 IH

1 ‘‘(1) RESERVATION OF FUNDS.—Of the amount 

2 reserved under subsection (a) for a fiscal year, the 

3 Secretary shall reserve— 

4 ‘‘(A) not more than 1 percent to carry out 

5 national activities under section 2132; 

6 ‘‘(B) one-half of 1 percent for allotments 

7 to outlying areas on the basis of their relative 

8 need, as determined by the Secretary, in ac9 cordance with the purpose of this part; and 

10 ‘‘(C) one-half of 1 percent for the Sec11 retary of the Interior for programs under this 

12 part in schools operated or funded by the Bu13 reau of Indian Education. 

14 ‘‘(2) STATE ALLOTMENTS.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (B), from the funds reserved under sub17 section (a) for any fiscal year and not reserved 

18 under paragraph (1), the Secretary shall allot 

19 to each State the sum of— 

20 ‘‘(i) an amount that bears the same 

21 relationship to 50 percent of the funds as 

22 the number of individuals age 5 through 

23 17 in the State, as determined by the Sec24 retary on the basis of the most recent sat25 isfactory data, bears to the number of 


rfrederick on DSK4SPTVN1PROD with BILLS
253 

•HR 5 IH

1 those individuals in all such States, as so 

2 determined; and 

3 ‘‘(ii) an amount that bears the same 

4 relationship to 50 percent of the funds as 

5 the number of individuals age 5 through 

6 17 from families with incomes below the 

7 poverty line in the State, as determined by 

8 the Secretary on the basis of the most re9 cent satisfactory data, bears to the number 

10 of those individuals in all such States, as 

11 so determined. 

12 ‘‘(B) SMALL STATE MINIMUM.—No State 

13 receiving an allotment under subparagraph (A) 

14 may receive less than one-half of 1 percent of 

15 the total amount of funds allotted under such 

16 subparagraph for a fiscal year. 

17 ‘‘(c) ALTERNATE DISTRIBUTION OF FUNDS.— 

18 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

19 through (5), if a State does not apply to the Sec20 retary for an allotment under this section, a local 

21 educational agency located in such State may apply 

22 to the Secretary for a portion of the funds that 

23 would have been allotted to the State had such State 

24 applied for an allotment under this section to carry 

25 out the activities under this part. 


rfrederick on DSK4SPTVN1PROD with BILLS
254 

•HR 5 IH

1 ‘‘(2) APPLICATION.—In order to receive an al2 lotment under paragraph (1), a local educational 

3 agency shall submit to the Secretary an application 

4 at such time, in such manner, and containing the in5 formation described in section 2122. 

6 ‘‘(3) USE OF FUNDS.—A local educational 

7 agency receiving an allotment under paragraph 

8 (1)— 

9 ‘‘(A) shall use such funds to carry out the 

10 activities described in section 2123(1); and 

11 ‘‘(B) may use such funds to carry out the 

12 activities described in section 2123(2). 

13 ‘‘(4) REPORTING REQUIREMENTS.—A local edu14 cational agency receiving an allotment under para15 graph (1) shall carry out the reporting requirements 

16 described in section 2131(a), except that annual re17 ports shall be submitted to the Secretary and not a 

18 State educational agency. 

19 ‘‘(5) AMOUNT OF ALLOTMENT.—An allotment 

20 made to a local educational agency under paragraph 

21 (1) for a fiscal year shall be equal to the amount of 

22 subgrant funds that the local educational agency 

23 would have received under subpart 2 had such agen24 cy applied for a subgrant under such subpart for 

25 such fiscal year. 


rfrederick on DSK4SPTVN1PROD with BILLS
255 

•HR 5 IH

1 ‘‘(d) REALLOTMENT.—If a State does not apply for 

2 an allotment under this section for any fiscal year or only 

3 a portion of the State’s allotment is allotted under sub4 section (c), the Secretary shall reallot the State’s entire 

5 allotment or the remaining portion of its allotment, as the 

6 case may be, to the remaining States in accordance with 

7 subsection (b). 

8 ‘‘SEC. 2112. STATE APPLICATION. 

9 ‘‘(a) IN GENERAL.—For a State to be eligible to re10 ceive a grant under this subpart, the State educational 

11 agency shall submit an application to the Secretary at 

12 such time and in such a manner as the Secretary may 

13 reasonably require, which shall include the following: 

14 ‘‘(1) A description of how the State educational 

15 agency will meet the requirements of this subpart. 

16 ‘‘(2) A description of how the State educational 

17 agency will use a grant received under section 2111, 

18 including the grant funds the State will reserve for 

19 State-level activities under section 2113(a)(2). 

20 ‘‘(3) A description of how the State educational 

21 agency will facilitate the sharing of evidence-based 

22 and other effective strategies among local edu23 cational agencies. 

24 ‘‘(4) A description of how, and under what 

25 timeline, the State educational agency will allocate 


rfrederick on DSK4SPTVN1PROD with BILLS
256 

•HR 5 IH

1 subgrants under subpart 2 to local educational agen2 cies. 

3 ‘‘(5) In the case of a State educational agency 

4 that is not developing or implementing a statewide 

5 teacher evaluation system, a description of how the 

6 State educational agency will ensure that each local 

7 educational agency in the State receiving a subgrant 

8 under subpart 2 will implement a teacher evaluation 

9 system that meets the requirements of clauses (i) 

10 through (v) of section 2123(1)(A). 

11 ‘‘(6) In the case of a State educational agency 

12 that is developing or implementing a statewide 

13 teacher evaluation system— 

14 ‘‘(A) a description of how the State edu15 cational agency will work with local educational 

16 agencies in the State to implement the state17 wide teacher evaluation system within 3 years 

18 of the date of enactment of the Student Success 

19 Act; and 

20 ‘‘(B) an assurance that the statewide 

21 teacher evaluation system complies with clauses 

22 (i) through (v) of section 2123(1)(A). 

23 ‘‘(7) An assurance that the State educational 

24 agency will comply with section 5501 (regarding par25 ticipation by private school children and teachers). 


rfrederick on DSK4SPTVN1PROD with BILLS
257 

•HR 5 IH

1 ‘‘(b) DEEMED APPROVAL.—An application submitted 

2 by a State educational agency under subsection (a) shall 

3 be deemed to be approved by the Secretary unless the Sec4 retary makes a written determination, prior to the expira5 tion of the 120-day period beginning on the date on which 

6 the Secretary received the application, that the application 

7 is not in compliance with this subpart. 

8 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally 

9 disapprove an application, except after giving the State 

10 educational agency notice and an opportunity for a hear11 ing. 

12 ‘‘(d) NOTIFICATION.—If the Secretary finds that an 

13 application is not in compliance, in whole or in part, with 

14 this subpart, the Secretary shall— 

15 ‘‘(1) give the State educational agency notice 

16 and an opportunity for a hearing; and 

17 ‘‘(2) notify the State educational agency of the 

18 finding of noncompliance and, in such notification, 

19 shall— 

20 ‘‘(A) cite the specific provisions in the ap21 plication that are not in compliance; and 

22 ‘‘(B) request additional information, only 

23 as to the noncompliant provisions, needed to 

24 make the application compliant. 


rfrederick on DSK4SPTVN1PROD with BILLS
258 

•HR 5 IH

1 ‘‘(e) RESPONSE.—If a State educational agency re2 sponds to a notification from the Secretary under sub3 section (d)(2) during the 45-day period beginning on the 

4 date on which the agency received the notification, and 

5 resubmits the application with the requested information 

6 described in subsection (d)(2)(B), the Secretary shall ap7 prove or disapprove such application prior to the later of— 

8 ‘‘(1) the expiration of the 45-day period begin9 ning on the date on which the application is resub10 mitted; or 

11 ‘‘(2) the expiration of the 120-day period de12 scribed in subsection (b). 

13 ‘‘(f) FAILURE TO RESPOND.—If a State educational 

14 agency does not respond to a notification from the Sec15 retary under subsection (d)(2) during the 45-day period 

16 beginning on the date on which the agency received the 

17 notification, such application shall be deemed to be dis18 approved. 

19 ‘‘SEC. 2113. STATE USE OF FUNDS. 

20 ‘‘(a) IN GENERAL.—A State educational agency that 

21 receives a grant under section 2111 shall— 

22 ‘‘(1) reserve 95 percent of the grant funds to 

23 make subgrants to local educational agencies under 

24 subpart 2; and 


rfrederick on DSK4SPTVN1PROD with BILLS
259 

•HR 5 IH

1 ‘‘(2) use the remainder of the funds, after re2 serving funds under paragraph (1), for the State ac3 tivities described in subsection (b), except that the 

4 State may reserve not more than 1 percent of the 

5 grant funds for planning and administration related 

6 to carrying out activities described in subsection (b). 

7 ‘‘(b) STATE-LEVEL ACTIVITIES.—A State edu8 cational agency that receives a grant under section 2111— 

9 ‘‘(1) shall use the amount described in sub10 section (a)(2) to— 

11 ‘‘(A) provide training and technical assist12 ance to local educational agencies on— 

13 ‘‘(i) in the case of a State educational 

14 agency not implementing a statewide 

15 teacher evaluation system— 

16 ‘‘(I) the development and imple17 mentation of a teacher evaluation sys18 tem that meets the requirements of 

19 clauses (i) through (v) of section 

20 2123(1)(A); and 

21 ‘‘(II) training school leaders in 

22 using such evaluation system; or 

23 ‘‘(ii) in the case of a State educational 

24 agency implementing a statewide teacher 


rfrederick on DSK4SPTVN1PROD with BILLS
260 

•HR 5 IH

1 evaluation system, implementing such eval2 uation system; and 

3 ‘‘(B) fulfill the State educational agency’s 

4 responsibilities with respect to the proper and 

5 efficient administration of the subgrant pro6 gram carried out under this part; and 

7 ‘‘(2) may use the amount described in sub8 section (a)(2) to— 

9 ‘‘(A) disseminate and share evidence-based 

10 and other effective practices related to teacher 

11 and school leader effectiveness and professional 

12 development; 

13 ‘‘(B) provide professional development for 

14 teachers and school leaders in the State con15 sistent with section 2123(2)(D); and 

16 ‘‘(C) provide training and technical assist17 ance to local educational agencies on— 

18 ‘‘(i) in the case of a State educational 

19 agency not implementing a statewide 

20 school leader evaluation system, the devel21 opment and implementation of a school 

22 leader evaluation system; and 

23 ‘‘(ii) in the case of a State educational 

24 agency implementing a statewide school 


rfrederick on DSK4SPTVN1PROD with BILLS
261 

•HR 5 IH

1 leader evaluation system, implementing 

2 such evaluation system. 

3 ‘‘Subpart 2—Subgrants to Local Educational 

4 Agencies 

5 ‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN6 CIES. 

7 ‘‘(a) IN GENERAL.—Each State receiving a grant 

8 under section 2111 shall use the funds reserved under sec9 tion 2113(a)(1) to award subgrants to local educational 

10 agencies under this section. 

11 ‘‘(b) ALLOCATION OF FUNDS.—From the funds re12 served by a State under section 2113(a)(1), the State edu13 cational agency shall allocate to each local educational 

14 agency in the State the sum of— 

15 ‘‘(1) an amount that bears the same relation16 ship to 50 percent of the funds as the number of in17 dividuals age 5 through 17 in the geographic area 

18 served by the local educational agency, as deter19 mined by the State on the basis of the most recent 

20 satisfactory data, bears to the number of those indi21 viduals in the geographic areas served by all the 

22 local educational agencies in the State, as so deter23 mined; and 

24 ‘‘(2) an amount that bears the same relation25 ship to 50 percent of the funds as the number of inVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
262 

•HR 5 IH

1 dividuals age 5 through 17 from families with in2 comes below the poverty line in the geographic area 

3 served by the local educational agency, as deter4 mined by the State on the basis of the most recent 

5 satisfactory data, bears to the number of those indi6 viduals in the geographic areas served by all the 

7 local educational agencies in the State, as so deter8 mined. 

9 ‘‘SEC. 2122. LOCAL APPLICATIONS. 

10 ‘‘To be eligible to receive a subgrant under this sub11 part, a local educational agency shall submit an applica12 tion to the State educational agency involved at such time, 

13 in such a manner, and containing such information as the 

14 State educational agency may reasonably require that, at 

15 a minimum, shall include the following: 

16 ‘‘(1) A description of— 

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

18 meet the requirements of this subpart; 

19 ‘‘(B) how the activities to be carried out by 

20 the local educational agency under this subpart 

21 will be evidence-based, improve student aca22 demic achievement, and improve teacher and 

23 school leader effectiveness; 

24 ‘‘(C) in the case of a local educational 

25 agency not in a State with a statewide teacher 


rfrederick on DSK4SPTVN1PROD with BILLS
263 

•HR 5 IH

1 evaluation system, the teacher evaluation sys2 tem that will be developed and implemented 

3 under section 2123(1) and how such system will 

4 meet the requirements described in clauses (i) 

5 through (v) of section 2123(1)(A); 

6 ‘‘(D) how, in developing and implementing 

7 such a teacher evaluation system, the local edu8 cational agency will work with parents, teach9 ers, school leaders, and other staff of the 

10 schools served by the local educational agency; 

11 and 

12 ‘‘(E) how the local educational agency will 

13 develop and implement such a teacher evalua14 tion system within 3 years of the date of enact15 ment of the Student Success Act. 

16 ‘‘(2) In the case of a local educational agency 

17 in a State with a statewide teacher evaluation sys18 tem, a description of how the local educational agen19 cy will work with the State educational agency to 

20 implement the statewide teacher evaluation system 

21 within 3 years of the date of enactment of the Stu22 dent Success Act. 

23 ‘‘(3) An assurance that the local educational 

24 agency will comply with section 5501 (regarding par25 ticipation by private school children and teachers). 


rfrederick on DSK4SPTVN1PROD with BILLS
264 

•HR 5 IH

1 ‘‘SEC. 2123. LOCAL USE OF FUNDS. 

2 ‘‘A local educational agency receiving a subgrant 

3 under this subpart— 

4 ‘‘(1) shall use such funds— 

5 ‘‘(A) to develop and implement a teacher 

6 evaluation system that— 

7 ‘‘(i) uses student achievement data 

8 derived from a variety of sources as a sig9 nificant factor in determining a teacher’s 

10 evaluation, with the weight given to such 

11 data defined by the local educational agen12 cy; 

13 ‘‘(ii) uses multiple measures of evalua14 tion for evaluating teachers; 

15 ‘‘(iii) has more than 2 categories for 

16 rating the performance of teachers; 

17 ‘‘(iv) shall be used to make personnel 

18 decisions, as determined by the local edu19 cational agency; and 

20 ‘‘(v) is based on input from parents, 

21 school leaders, teachers, and other staff of 

22 schools served by the local educational 

23 agency; or 

24 ‘‘(B) in the case of a local educational 

25 agency located in a State implementing a stateVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
265 

•HR 5 IH

1 wide teacher evaluation system, to implement 

2 such evaluation system; and 

3 ‘‘(2) may use such funds for— 

4 ‘‘(A) the training of school leaders or other 

5 individuals for the purpose of evaluating teach6 ers under a teacher evaluation system described 

7 in subparagraph (A) or (B) of paragraph (1), 

8 as appropriate; 

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

10 agency located in a State implementing a state11 wide school leader evaluation system, to imple12 ment such evaluation system; 

13 ‘‘(C) in the case of a local educational 

14 agency located in a State not implementing a 

15 statewide school leader evaluation system, the 

16 development and implementation of a school 

17 leader evaluation system; 

18 ‘‘(D) professional development for teachers 

19 and school leaders that is evidence-based, job20 embedded, and continuous, such as— 

21 ‘‘(i) subject-based professional devel22 opment for teachers; 

23 ‘‘(ii) professional development aligned 

24 with the State’s academic standards; 


rfrederick on DSK4SPTVN1PROD with BILLS
266 

•HR 5 IH

1 ‘‘(iii) professional development to as2 sist teachers in meeting the needs of stu3 dents with different learning styles, par4 ticularly students with disabilities and 

5 English learners; 

6 ‘‘(iv) professional development for 

7 teachers identified as in need of additional 

8 support through data provided by a teach9 er evaluation system described in subpara10 graph (A) or (B) of paragraph (1), as ap11 propriate; 

12 ‘‘(v) professional development based 

13 on the current science of learning, which 

14 includes research on positive brain change 

15 and cognitive skill development; 

16 ‘‘(vi) professional development for 

17 school leaders, including evidence-based 

18 mentorship programs for such leaders; or 

19 ‘‘(vii) professional development on in20 tegrated, interdisciplinary, and project21 based teaching strategies, including for ca22 reer and technical education teachers; 

23 ‘‘(E) partnering with a public or private 

24 organization or a consortium of such organiza25 tions to develop and implement a teacher evalVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
267 

•HR 5 IH

1 uation system described in subparagraph (A) or 

2 (B) of paragraph (1), or to administer profes3 sional development, as appropriate; 

4 ‘‘(F) any activities authorized under sec5 tion 2222(a); or 

6 ‘‘(G) class size reduction, except that the 

7 local educational agency may use not more than 

8 10 percent of such funds for this purpose. 

9 ‘‘Subpart 3—General Provisions 

10 ‘‘SEC. 2131. REPORTING REQUIREMENTS. 

11 ‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local 

12 educational agency receiving a subgrant under subpart 2 

13 shall submit to the State educational agency involved, on 

14 an annual basis until the last year in which the local edu15 cational agency receives such subgrant funds, a report 

16 on— 

17 ‘‘(1) how the local educational agency is meet18 ing the purposes of this part described in section 

19 2101; 

20 ‘‘(2) how the local educational agency is using 

21 such subgrant funds; 

22 ‘‘(3) the number and percentage of teachers in 

23 each category established under clause (iii) of sec24 tion 2123(1)(A), except that such report shall not 


rfrederick on DSK4SPTVN1PROD with BILLS
268 

•HR 5 IH

1 reveal personally identifiable information about an 

2 individual teacher; and 

3 ‘‘(4) any such other information as the State 

4 educational agency may require. 

5 ‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 

6 educational agency receiving a grant under subpart 1 shall 

7 submit to the Secretary a report, on an annual basis until 

8 the last year in which the State educational agency re9 ceives such grant funds, on— 

10 ‘‘(1) how the State educational agency is meet11 ing the purposes of this part described in section 

12 2101; and 

13 ‘‘(2) how the State educational agency is using 

14 such grant funds. 

15 ‘‘SEC. 2132. NATIONAL ACTIVITIES. 

16 ‘‘From the funds reserved by the Secretary under sec17 tion 2111(b)(1)(A), the Secretary shall, directly or 

18 through grants and contracts— 

19 ‘‘(1) provide technical assistance to States and 

20 local educational agencies in carrying out activities 

21 under this part; and 

22 ‘‘(2) acting through the Institute of Education 

23 Sciences, conduct national evaluations of activities 

24 carried out by State educational agencies and local 

25 educational agencies under this part. 


rfrederick on DSK4SPTVN1PROD with BILLS
269 

•HR 5 IH

1 ‘‘SEC. 2133. STATE DEFINED. 

2 ‘‘In this part, the term ‘State’ means each of the 50 

3 States, the District of Columbia, and the Commonwealth 

4 of Puerto Rico.’’. 

5 (c) PART B.—Part B of title II (20 U.S.C. 6661 et 

6 seq.) is amended to read as follows: 

7 ‘‘PART B—TEACHER AND SCHOOL LEADER 

8 FLEXIBLE GRANT 

9 ‘‘SEC. 2201. PURPOSE. 

10 ‘‘The purpose of this part is to improve student aca11 demic achievement in the core academic subjects by— 

12 ‘‘(1) supporting all State educational agencies, 

13 local educational agencies, schools, teachers, and 

14 school leaders to pursue innovative and evidence15 based practices to help all students meet the State’s 

16 academic standards; and 

17 ‘‘(2) increasing the number of teachers and 

18 school leaders who are effective in increasing student 

19 academic achievement. 

20 ‘‘Subpart 1—Formula Grants to States 

21 ‘‘SEC. 2211. STATE ALLOTMENTS. 

22 ‘‘(a) RESERVATIONS.—From the amount appro23 priated under section 3(b) for any fiscal year, the Sec24 retary— 

25 ‘‘(1) shall reserve 25 percent to award grants to 

26 States under this subpart; and 


rfrederick on DSK4SPTVN1PROD with BILLS
270 

•HR 5 IH

1 ‘‘(2) of the amount reserved under paragraph 

2 (1), shall reserve— 

3 ‘‘(A) not more than 1 percent for national 

4 activities described in section 2233; 

5 ‘‘(B) one-half of 1 percent for allotments 

6 to outlying areas on the basis of their relative 

7 need, as determined by the Secretary, in ac8 cordance with the purpose of this part; and 

9 ‘‘(C) one-half of 1 percent for the Sec10 retary of the Interior for programs under this 

11 part in schools operated or funded by the Bu12 reau of Indian Education. 

13 ‘‘(b) STATE ALLOTMENTS.— 

14 ‘‘(1) IN GENERAL.—From the total amount re15 served under subsection (a)(1) for each fiscal year 

16 and not reserved under subparagraphs (A) through 

17 (C) of subsection (a)(2), the Secretary shall allot, 

18 and make available in accordance with this section, 

19 to each State an amount that bears the same ratio 

20 to such sums as the school-age population of the 

21 State bears to the school-age population of all 

22 States. 

23 ‘‘(2) SMALL STATE MINIMUM.—No State receiv24 ing an allotment under paragraph (1) may receive 


rfrederick on DSK4SPTVN1PROD with BILLS
271 

•HR 5 IH

1 less than one-half of 1 percent of the total amount 

2 allotted under such paragraph. 

3 ‘‘(3) REALLOTMENT.—If a State does not re4 ceive an allotment under this subpart for a fiscal 

5 year, the Secretary shall reallot the amount of the 

6 State’s allotment to the remaining States in accord7 ance with this section. 

8 ‘‘(c) STATE APPLICATION.—In order to receive an al9 lotment under this section for any fiscal year, a State shall 

10 submit an application to the Secretary, at such time and 

11 in such manner as the Secretary may reasonably require. 

12 Such application shall— 

13 ‘‘(1) designate the State educational agency as 

14 the agency responsible for the administration and 

15 supervision of programs assisted under this part; 

16 ‘‘(2) describe how the State educational agency 

17 will use funds received under this section for State 

18 level activities described in subsection (d)(3); 

19 ‘‘(3) describe the procedures and criteria the 

20 State educational agency will use for reviewing appli21 cations and awarding subgrants in a timely manner 

22 to eligible entities under section 2221 on a competi23 tive basis; 

24 ‘‘(4) describe how the State educational agency 

25 will ensure that subgrants made under section 2221 


rfrederick on DSK4SPTVN1PROD with BILLS
272 

•HR 5 IH

1 are of sufficient size and scope to support effective 

2 programs that will help increase academic achieve3 ment in the classroom and are consistent with the 

4 purposes of this part; 

5 ‘‘(5) describe the steps the State educational 

6 agency will take to ensure that eligible entities use 

7 subgrants received under section 2221 to carry out 

8 programs that implement effective strategies, includ9 ing by providing ongoing technical assistance and 

10 training, and disseminating evidence-based and other 

11 effective strategies to such eligible entities; 

12 ‘‘(6) describe how programs under this part will 

13 be coordinated with other programs under this Act; 

14 and 

15 ‘‘(7) include an assurance that, other than pro16 viding technical and advisory assistance and moni17 toring compliance with this part, the State edu18 cational agency has not exercised, and will not exer19 cise, any influence in the decisionmaking processes 

20 of eligible entities as to the expenditure of funds 

21 made pursuant to an application submitted under 

22 section 2221(b). 

23 ‘‘(d) STATE USE OF FUNDS.— 

24 ‘‘(1) IN GENERAL.—Each State that receives an 

25 allotment under this section shall reserve not less 


rfrederick on DSK4SPTVN1PROD with BILLS
273 

•HR 5 IH

1 than 92 percent of the amount allotted to such State 

2 under subsection (b), for each fiscal year, for sub3 grants to eligible entities under subpart 2. 

4 ‘‘(2) STATE ADMINISTRATION.—A State edu5 cational agency may reserve not more than 1 percent 

6 of the amount made available to the State under 

7 subsection (b) for the administrative costs of car8 rying out such State educational agency’s respon9 sibilities under this subpart. 

10 ‘‘(3) STATE-LEVEL ACTIVITIES.— 

11 ‘‘(A) INNOVATIVE TEACHER AND SCHOOL

12 LEADER ACTIVITIES.—A State educational 

13 agency shall reserve not more than 4 percent of 

14 the amount made available to the State under 

15 subsection (b) to carry out, solely, or in part16 nership with State agencies of higher education, 

17 1 or more of the following activities: 

18 ‘‘(i) Reforming teacher and school 

19 leader certification, recertification, licens20 ing, and tenure systems to ensure that 

21 such systems are rigorous and that— 

22 ‘‘(I) each teacher has the subject 

23 matter knowledge and teaching skills 

24 necessary to help students meet the 

25 State’s academic standards; and 


rfrederick on DSK4SPTVN1PROD with BILLS
274 

•HR 5 IH

1 ‘‘(II) school leaders have the in2 structional leadership skills to help 

3 teachers instruct and students learn. 

4 ‘‘(ii) Carrying out programs that es5 tablish, expand, or improve alternative 

6 routes for State certification or licensure of 

7 teachers and school leaders, including such 

8 programs for— 

9 ‘‘(I) mid-career professionals 

10 from other occupations, including 

11 science, technology, engineering, and 

12 math fields; 

13 ‘‘(II) former military personnel; 

14 and 

15 ‘‘(III) recent graduates of an in16 stitution of higher education, with a 

17 record of academic distinction, who 

18 demonstrate the potential to become 

19 effective teachers or school leaders. 

20 ‘‘(iii) Developing, or assisting eligible 

21 entities in developing— 

22 ‘‘(I) performance-based pay sys23 tems for teachers and school leaders; 


rfrederick on DSK4SPTVN1PROD with BILLS
275 

•HR 5 IH

1 ‘‘(II) strategies that provide dif2 ferential, incentive, or bonus pay for 

3 teachers; or 

4 ‘‘(III) teacher advancement ini5 tiatives that promote professional 

6 growth and emphasize multiple career 

7 paths and pay differentiation. 

8 ‘‘(iv) Developing, or assisting eligible 

9 entities in developing, new, evidence-based 

10 teacher and school leader induction and 

11 mentoring programs that are designed 

12 to— 

13 ‘‘(I) improve instruction and stu14 dent learning and achievement; and 

15 ‘‘(II) increase the retention of ef16 fective teachers and school leaders. 

17 ‘‘(v) Providing professional develop18 ment for teachers and school leaders that 

19 is focused on— 

20 ‘‘(I) improving teaching and stu21 dent learning and achievement in the 

22 core academic subjects; and 

23 ‘‘(II) improving teaching, student 

24 learning, and achievement for stu25 dents with different learning styles, 


rfrederick on DSK4SPTVN1PROD with BILLS
276 

•HR 5 IH

1 particularly students with disabilities, 

2 English learners, and other special 

3 populations. 

4 ‘‘(vi) Providing training and technical 

5 assistance to eligible entities that receive a 

6 subgrant under section 2221. 

7 ‘‘(vii) Other activities identified by the 

8 State educational agency that meet the 

9 purposes of this part, including those ac10 tivities authorized under subparagraph 

11 (B). 

12 ‘‘(B) TEACHER OR SCHOOL LEADER PREP13 ARATION ACADEMIES.— 

14 ‘‘(i) IN GENERAL.—In the case of a 

15 State in which teacher or school leader 

16 preparation academies are allowable under 

17 State law, a State educational agency may 

18 reserve not more than 3 percent of the 

19 amount made available to the State under 

20 subsection (b) to support the establishment 

21 or expansion of one or more teacher or 

22 school leader preparation academies and, 

23 subject to the limitation under clause (iii), 

24 to support State authorizers for such acad25 emies. 


rfrederick on DSK4SPTVN1PROD with BILLS
277 

•HR 5 IH

1 ‘‘(ii) MATCHING REQUIREMENT.—A 

2 State educational agency shall not provide 

3 funds under this subparagraph to support 

4 the establishment or expansion of a teach5 er or school leader preparation academy 

6 unless the academy agrees to provide, ei7 ther directly or through private contribu8 tions, non-Federal matching funds equal to 

9 not less than 10 percent of the amount of 

10 the funds the academy will receive under 

11 this subparagraph. 

12 ‘‘(iii) FUNDING FOR STATE AUTHOR13 IZERS.—Not more than 5 percent of funds 

14 provided to a teacher or school leader prep15 aration academy under this subparagraph 

16 may be used to support activities of State 

17 authorizers for such academy. 

18 ‘‘SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLI19 CATIONS. 

20 ‘‘(a) DEEMED APPROVAL.—An application submitted 

21 by a State pursuant to section 2211(c) shall be deemed 

22 to be approved by the Secretary unless the Secretary 

23 makes a written determination, prior to the expiration of 

24 the 120-day period beginning on the date on which the 


rfrederick on DSK4SPTVN1PROD with BILLS
278 

•HR 5 IH

1 Secretary received the application, that the application is 

2 not in compliance with section 2211(c). 

3 ‘‘(b) DISAPPROVAL PROCESS.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall not fi5 nally disapprove an application submitted under sec6 tion 2211(c), except after giving the State edu7 cational agency notice and an opportunity for a 

8 hearing. 

9 ‘‘(2) NOTIFICATION.—If the Secretary finds 

10 that an application is not in compliance, in whole or 

11 in part, with section 2211(c) the Secretary shall— 

12 ‘‘(A) give the State educational agency no13 tice and an opportunity for a hearing; and 

14 ‘‘(B) notify the State educational agency of 

15 the finding of noncompliance and, in such noti16 fication, shall— 

17 ‘‘(i) cite the specific provisions in the 

18 application that are not in compliance; and 

19 ‘‘(ii) request additional information, 

20 only as to the noncompliant provisions, 

21 needed to make the application compliant. 

22 ‘‘(3) RESPONSE.—If a State educational agency 

23 responds to a notification from the Secretary under 

24 paragraph (2)(B) during the 45-day period begin25 ning on the date on which the State educational 


rfrederick on DSK4SPTVN1PROD with BILLS
279 

•HR 5 IH

1 agency received the notification, and resubmits the 

2 application with the requested information described 

3 in paragraph (2)(B)(ii), the Secretary shall approve 

4 or disapprove such application prior to the later of— 

5 ‘‘(A) the expiration of the 45-day period 

6 beginning on the date on which the application 

7 is resubmitted; or 

8 ‘‘(B) the expiration of the 120-day period 

9 described in subsection (a). 

10 ‘‘(4) FAILURE TO RESPOND.—If the State edu11 cational agency does not respond to a notification 

12 from the Secretary under paragraph (2)(B) during 

13 the 45-day period beginning on the date on which 

14 the State educational agency received the notifica15 tion, such application shall be deemed to be dis16 approved. 

17 ‘‘Subpart 2—Local Competitive Grant Program 

18 ‘‘SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM. 

19 ‘‘(a) IN GENERAL.—A State that receives an allot20 ment under section 2211(b) for a fiscal year shall use the 

21 amount reserved under section 2211(d)(1) to award sub22 grants, on a competitive basis, to eligible entities in ac23 cordance with this section to enable such entities to carry 

24 out the programs and activities described in section 2222. 

25 ‘‘(b) APPLICATION.— 


rfrederick on DSK4SPTVN1PROD with BILLS
280 

•HR 5 IH

1 ‘‘(1) IN GENERAL.—To be eligible to receive a 

2 subgrant under this section, an eligible entity shall 

3 submit an application to the State educational agen4 cy at such time, in such manner, and including such 

5 information as the State educational agency may 

6 reasonably require. 

7 ‘‘(2) CONTENTS.—Each application submitted 

8 under paragraph (1) shall include— 

9 ‘‘(A) a description of the programs and ac10 tivities to be funded and how they are con11 sistent with the purposes of this part; and 

12 ‘‘(B) an assurance that the eligible entity 

13 will comply with section 5501 (regarding par14 ticipation by private school children and teach15 ers). 

16 ‘‘(c) PEER REVIEW.—In reviewing applications under 

17 this section, a State educational agency shall use a peer 

18 review process or other methods of assuring the quality 

19 of such applications but the review shall only judge the 

20 likelihood of the activity to increase student academic 

21 achievement. The reviewers shall not make a determina22 tion based on the policy of the proposed activity. 

23 ‘‘(d) GEOGRAPHIC DIVERSITY.—A State educational 

24 agency shall distribute funds under this section equitably 


rfrederick on DSK4SPTVN1PROD with BILLS
281 

•HR 5 IH

1 among geographic areas within the State, including rural, 

2 suburban, and urban communities. 

3 ‘‘(e) DURATION OF AWARDS.—A State educational 

4 agency may award subgrants under this section for a pe5 riod of not more than 5 years. 

6 ‘‘(f) MATCHING.—An eligible entity receiving a 

7 subgrant under this section shall provide, either directly 

8 or through private contributions, non-Federal matching 

9 funds equal to not less than 10 percent of the amount 

10 of the subgrant. 

11 ‘‘SEC. 2222. LOCAL AUTHORIZED ACTIVITIES. 

12 ‘‘(a) IN GENERAL.—Each eligible entity receiving a 

13 subgrant under section 2221 shall use such subgrant 

14 funds to develop, implement, and evaluate comprehensive 

15 programs and activities, that are in accordance with the 

16 purpose of this part and— 

17 ‘‘(1) are consistent with the principles of effec18 tiveness described in subsection (b); and 

19 ‘‘(2) may include, among other programs and 

20 activities— 

21 ‘‘(A) developing and implementing initia22 tives to assist in recruiting, hiring, and retain23 ing highly effective teachers and school leaders, 

24 including initiatives that provide— 


rfrederick on DSK4SPTVN1PROD with BILLS
282 

•HR 5 IH

1 ‘‘(i) differential, incentive, or bonus 

2 pay for teachers; 

3 ‘‘(ii) performance-based pay systems 

4 for teachers and school leaders; 

5 ‘‘(iii) teacher advancement initiatives 

6 that promote professional growth and em7 phasize multiple career paths and pay dif8 ferentiation; 

9 ‘‘(iv) new teacher and school leader 

10 induction and mentoring programs that 

11 are designed to improve instruction, stu12 dent learning and achievement, and to in13 crease teacher and school leader retention; 

14 and 

15 ‘‘(v) teacher residency programs, and 

16 school leader residency programs, designed 

17 to develop and support new teachers or 

18 new school leaders, respectively; 

19 ‘‘(B) supporting the establishment or ex20 pansion of teacher or school leader preparation 

21 academies under section 2211(d)(3)(B); 

22 ‘‘(C) recruiting qualified individuals from 

23 other fields, including individuals from science, 

24 technology, engineering, and math fields, midVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
283 

•HR 5 IH

1 career professionals from other occupations, 

2 and former military personnel; 

3 ‘‘(D) establishing, improving, or expanding 

4 model instructional programs in the core aca5 demic subjects to ensure that all children meet 

6 the State’s academic standards; 

7 ‘‘(E) providing evidence-based, job embed8 ded, continuous professional development for 

9 teachers and school leaders focused on improv10 ing teaching and student learning and achieve11 ment in the core academic subjects; 

12 ‘‘(F) implementing programs based on the 

13 current science of learning, which includes re14 search on positive brain change and cognitive 

15 skill development; and 

16 ‘‘(G) other activities and programs identi17 fied as necessary by the local educational agen18 cy that meet the purpose of this part. 

19 ‘‘(b) PRINCIPLES OF EFFECTIVENESS.—For a pro20 gram or activity developed pursuant to this section to meet 

21 the principles of effectiveness, such program or activity 

22 shall— 

23 ‘‘(1) be based upon an assessment of objective 

24 data regarding the need for programs and activities 

25 in the elementary schools and secondary schools 


rfrederick on DSK4SPTVN1PROD with BILLS
284 

•HR 5 IH

1 served to increase the number of teachers and school 

2 leaders who are effective in improving student aca3 demic achievement; 

4 ‘‘(2) reflect evidence-based research, or in the 

5 absence of a strong research base, reflect effective 

6 strategies in the field, that provide evidence that the 

7 program or activity will improve student academic 

8 achievement in the core academic subjects; and 

9 ‘‘(3) include meaningful and ongoing consulta10 tion with, and input from, teachers, school leaders, 

11 and parents, in the development of the application 

12 and administration of the program or activity. 

13 ‘‘Subpart 3—General Provisions 

14 ‘‘SEC. 2231. PERIODIC EVALUATION. 

15 ‘‘(a) IN GENERAL.—Each eligible entity and each 

16 teacher or school leader preparation academy that receives 

17 funds under this part shall undergo a periodic evaluation 

18 by the State educational agency involved to assess such 

19 entity’s or such academy’s progress toward achieving the 

20 purposes of this part. 

21 ‘‘(b) USE OF RESULTS.—The results of an evaluation 

22 described in subsection (a) of an eligible entity or academy 

23 shall be— 


rfrederick on DSK4SPTVN1PROD with BILLS
285 

•HR 5 IH

1 ‘‘(1) used to refine, improve, and strengthen 

2 such eligible entity or such academy, respectively; 

3 and 

4 ‘‘(2) made available to the public upon request, 

5 with public notice of such availability provided. 

6 ‘‘SEC. 2232. REPORTING REQUIREMENTS. 

7 ‘‘(a) ELIGIBLE ENTITIES AND ACADEMIES.—Each 

8 eligible entity and each teacher or school leader prepara9 tion academy that receives funds from a State educational 

10 agency under this part shall prepare and submit annually 

11 to such State educational agency a report that includes— 

12 ‘‘(1) a description of the progress of the eligible 

13 entity or teacher or school leader preparation acad14 emy, respectively, in meeting the purposes of this 

15 part; 

16 ‘‘(2) a description of the programs and activi17 ties conducted by the eligible entity or teacher or 

18 school leader preparation academy, respectively, with 

19 funds received under this part; 

20 ‘‘(3) how the eligible entity or teacher or school 

21 leader preparation academy, respectively, is using 

22 such funds; and 

23 ‘‘(4) any such other information as the State 

24 educational agency may require. 


rfrederick on DSK4SPTVN1PROD with BILLS
286 

•HR 5 IH

1 ‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 

2 educational agency that receives a grant under this part 

3 shall prepare and submit, annually, to the Secretary a re4 port that includes— 

5 ‘‘(1) a description of the programs and activi6 ties conducted by the State educational agency with 

7 grant funds received under this part; 

8 ‘‘(2) a description of the progress of the State 

9 educational agency in meeting the purposes of this 

10 part described in section 2201; 

11 ‘‘(3) how the State educational agency is using 

12 grant funds received under this part; 

13 ‘‘(4) the methods and criteria the State edu14 cational agency used to award subgrants in a timely 

15 manner to eligible entities under section 2221 and, 

16 if applicable, funds in a timely manner to teacher or 

17 school leader academies under section 

18 2211(d)(3)(B); and 

19 ‘‘(5) the results of the periodic evaluations con20 ducted under section 2231. 

21 ‘‘SEC. 2233. NATIONAL ACTIVITIES. 

22 ‘‘From the funds reserved by the Secretary under sec23 tion 2211(a)(2)(A), the Secretary shall, directly or 

24 through grants and contracts— 


rfrederick on DSK4SPTVN1PROD with BILLS
287 

•HR 5 IH

1 ‘‘(1) provide technical assistance to States and 

2 eligible entities in carrying out activities under this 

3 part; and 

4 ‘‘(2) acting through the Institute of Education 

5 Sciences, conduct national evaluations of activities 

6 carried out by States and eligible entities under this 

7 part. 

8 ‘‘SEC. 2234. DEFINITIONS. 

9 ‘‘In this part: 

10 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en11 tity’ means— 

12 ‘‘(A) a local educational agency or consor13 tium of local educational agencies; 

14 ‘‘(B) an institution of higher education or 

15 consortium of such institutions in partnership 

16 with a local educational agency or consortium 

17 of local educational agencies; 

18 ‘‘(C) a for-profit organization, a nonprofit 

19 organization, or a consortium of for-profit or 

20 nonprofit organizations in partnership with a 

21 local educational agency or consortium of local 

22 educational agencies; or 

23 ‘‘(D) a consortium of the entities described 

24 in subparagraphs (B) and (C). 


rfrederick on DSK4SPTVN1PROD with BILLS
288 

•HR 5 IH

1 ‘‘(2) STATE.—The term ‘State’ means each of 

2 the 50 States, the District of Columbia, and the 

3 Commonwealth of Puerto Rico. 

4 ‘‘(3) STATE AUTHORIZER.—The term ‘State au5 thorizer’ means an entity designated by the Gov6 ernor of a State to authorize teacher or school leader 

7 preparation academies within the State that— 

8 ‘‘(A) enters into an agreement with a 

9 teacher or school leader preparation academy 

10 that— 

11 ‘‘(i) specifies the goals expected of the 

12 academy, which, at a minimum, include the 

13 goals described in paragraph (4); and 

14 ‘‘(ii) does not reauthorize the academy 

15 if such goals are not met; and 

16 ‘‘(B) may be a nonprofit organization, a 

17 State educational agency, or other public entity, 

18 or consortium of such entities (including a con19 sortium of State educational agencies). 

20 ‘‘(4) TEACHER OR SCHOOL LEADER PREPARA21 TION ACADEMY.—The term ‘teacher or school leader 

22 preparation academy’ means a public or private enti23 ty, or a nonprofit or for-profit organization, which 

24 may be an institution of higher education or an or25 ganization affiliated with an institution of higher 


rfrederick on DSK4SPTVN1PROD with BILLS
289 

•HR 5 IH

1 education, that will prepare teachers or school lead2 ers to serve in schools, and that— 

3 ‘‘(A) enters into an agreement with a State 

4 authorizer that specifies the goals expected of 

5 the academy, including— 

6 ‘‘(i) a requirement that prospective 

7 teachers or school leaders who are enrolled 

8 in a teacher or school leader preparation 

9 academy receive a significant part of their 

10 training through clinical preparation that 

11 partners the prospective candidate with an 

12 effective teacher or school leader, respec13 tively, with a demonstrated record of in14 creasing student achievement, while also 

15 receiving concurrent instruction from the 

16 academy in the content area (or areas) in 

17 which the prospective teacher or school 

18 leader will become certified or licensed; 

19 ‘‘(ii) the number of effective teachers 

20 or school leaders, respectively, who will 

21 demonstrate success in increasing student 

22 achievement that the academy will 

23 produce; and 

24 ‘‘(iii) a requirement that a teacher or 

25 school leader preparation academy will only 


rfrederick on DSK4SPTVN1PROD with BILLS
290 

•HR 5 IH

1 award a certificate of completion after the 

2 graduate demonstrates that the graduate is 

3 an effective teacher or school leader, re4 spectively, with a demonstrated record of 

5 increasing student achievement, except 

6 that an academy may award a provisional 

7 certificate for the period necessary to allow 

8 the graduate to demonstrate such effective9 ness; 

10 ‘‘(B) does not have restrictions on the 

11 methods the academy will use to train prospec12 tive teacher or school leader candidates, includ13 ing— 

14 ‘‘(i) obligating (or prohibiting) the 

15 academy’s faculty to hold advanced degrees 

16 or conduct academic research; 

17 ‘‘(ii) restrictions related to the acad18 emy’s physical infrastructure; 

19 ‘‘(iii) restrictions related to the num20 ber of course credits required as part of 

21 the program of study; 

22 ‘‘(iv) restrictions related to the under23 graduate coursework completed by teachers 

24 teaching or working on alternative certifi25 cates, licenses, or credentials, as long as 


rfrederick on DSK4SPTVN1PROD with BILLS
291 

•HR 5 IH

1 such teachers have successfully passed all 

2 relevant State-approved content area ex3 aminations; or 

4 ‘‘(v) restrictions related to obtaining 

5 accreditation from an accrediting body for 

6 purposes of becoming an academy; 

7 ‘‘(C) limits admission to its program to 

8 prospective teacher or school leader candidates 

9 who demonstrate strong potential to improve 

10 student achievement, based on a rigorous selec11 tion process that reviews a candidate’s prior 

12 academic achievement or record of professional 

13 accomplishment; and 

14 ‘‘(D) results in a certificate of completion 

15 that the State may recognize as at least the 

16 equivalent of a master’s degree in education for 

17 the purposes of hiring, retention, compensation, 

18 and promotion in the State. 

19 ‘‘(5) TEACHER RESIDENCY PROGRAM.—The 

20 term ‘teacher residency program’ means a school21 based teacher preparation program in which a pro22 spective teacher— 

23 ‘‘(A) for one academic year, teaches along24 side an effective teacher, as determined by a 


rfrederick on DSK4SPTVN1PROD with BILLS
292 

•HR 5 IH

1 teacher evaluation system implemented under 

2 part A, who is the teacher of record; 

3 ‘‘(B) receives concurrent instruction during 

4 the year described in subparagraph (A) from 

5 the partner institution (as defined in section 

6 200 of the Higher Education Act of 1965 (20 

7 U.S.C. 1021)), which courses may be taught by 

8 local educational agency personnel or residency 

9 program faculty, in the teaching of the content 

10 area in which the teacher will become certified 

11 or licensed; and 

12 ‘‘(C) acquires effective teaching skills.’’. 

13 (d) PART C.—Part C of title II (20 U.S.C. 6671 et 

14 seq.) is amended— 

15 (1) by striking subparts 1 through 4; 

16 (2) by striking the heading relating to subpart 

17 5; 

18 (3) by striking sections 2361 and 2368; 

19 (4) in section 2362, by striking ‘‘principals’’ 

20 and inserting ‘‘school leaders’’; 

21 (5) in section 2363(6)(A), by striking ‘‘prin22 cipal’’ and inserting ‘‘school leader’’; 

23 (6) in section 2366(b), by striking ‘‘ate law’’ 

24 and inserting ‘‘(3) A State law’’; 


rfrederick on DSK4SPTVN1PROD with BILLS
293 

•HR 5 IH

1 (7) by redesignating section 2362 as section 

2 2361; 

3 (8) by redesignating sections 2364 through 

4 2367 as sections 2362 through 2365, respectively; 

5 and 

6 (9) by redesignating section 2363 as section 

7 2366 and transferring such section to appear after 

8 section 2365 (as so redesignated). 

9 (e) PART D.—Part D of title II (20 U.S.C. 6751 et 

10 seq.) is amended to read as follows: 

11 ‘‘PART D—GENERAL PROVISIONS 

12 ‘‘SEC. 2401. INCLUSION OF CHARTER SCHOOLS. 

13 ‘‘In this title, the term ‘local educational agency’ in14 cludes a charter school (as defined in section 5101) that, 

15 in the absence of this section, would not have received 

16 funds under this title. 

17 ‘‘SEC. 2402. PARENTS’ RIGHT TO KNOW. 

18 ‘‘At the beginning of each school year, a local edu19 cational agency that receives funds under this title shall 

20 notify the parents of each student attending any school 

21 receiving funds under this title that the parents may re22 quest, and the agency will provide the parents on request 

23 (and in a timely manner), information regarding the pro24 fessional qualifications of the student’s classroom teach25 ers. 


rfrederick on DSK4SPTVN1PROD with BILLS
294 

•HR 5 IH

1 ‘‘SEC. 2403. SUPPLEMENT, NOT SUPPLANT. 

2 ‘‘Funds received under this title shall be used to sup3 plement, and not supplant, non-Federal funds that would 

4 otherwise be used for activities authorized under this 

5 title.’’. 

6 SEC. 202. CONFORMING REPEALS. 

7 (a) CONFORMING REPEALS.—Title II of the Higher 

8 Education Act of 1965 (20 U.S.C. 1021 et seq.) is amend9 ed by repealing sections 201 through 204. 

10 (b) EFFECTIVE DATE.—The repeals made by sub11 section (a) shall take effect October 1, 2013. 

12 TITLE III—PARENTAL ENGAGE13 MENT AND LOCAL FLEXI14 BILITY 

15 SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXI16 BILITY. 

17 Title III (20 U.S.C. 6801 et seq.) is amended to read 

18 as follows: 

19 ‘‘TITLE III—PARENTAL ENGAGE20 MENT AND LOCAL FLEXI21 BILITY 

22 ‘‘PART A—PARENTAL ENGAGEMENT 

23 ‘‘Subpart 1—Charter School Program 

24 ‘‘SEC. 3101. PURPOSE. 

25 ‘‘It is the purpose of this subpart to— 


rfrederick on DSK4SPTVN1PROD with BILLS
295 

•HR 5 IH

1 ‘‘(1) improve the United States education sys2 tem and educational opportunities for all Americans 

3 by supporting innovation in public education in pub4 lic school settings that prepare students to compete 

5 and contribute to the global economy; 

6 ‘‘(2) provide financial assistance for the plan7 ning, program design, and initial implementation of 

8 charter schools; 

9 ‘‘(3) expand the number of high-quality charter 

10 schools available to students across the Nation; 

11 ‘‘(4) evaluate the impact of such schools on stu12 dent achievement, families, and communities, and 

13 share best practices between charter schools and 

14 other public schools; 

15 ‘‘(5) encourage States to provide support to 

16 charter schools for facilities financing in an amount 

17 more nearly commensurate to the amount the States 

18 have typically provided for traditional public schools; 

19 ‘‘(6) improve student services to increase oppor20 tunities for students with disabilities, English learn21 ers, and other traditionally underserved students to 

22 attend charter schools and meet challenging State 

23 academic achievement standards; and 

24 ‘‘(7) support efforts to strengthen the charter 

25 school authorizing process to improve performance 


rfrederick on DSK4SPTVN1PROD with BILLS
296 

•HR 5 IH

1 management, including transparency, monitoring, 

2 and evaluation of such schools. 

3 ‘‘SEC. 3102. PROGRAM AUTHORIZED. 

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

5 under section 3(c)(1)(A), the Secretary shall carry out a 

6 charter school program under this subpart that supports 

7 charter schools that serve elementary school and sec8 ondary school students by— 

9 ‘‘(1) supporting the startup, replication, and ex10 pansion of charter schools; 

11 ‘‘(2) assisting charter schools in accessing cred12 it to acquire and renovate facilities for school use; 

13 and 

14 ‘‘(3) carrying out national activities to sup15 port— 

16 ‘‘(A) charter school development; 

17 ‘‘(B) the dissemination of best practices of 

18 charter schools for all schools; and 

19 ‘‘(C) the evaluation of the impact of the 

20 program on schools participating in the pro21 gram. 

22 ‘‘(b) FUNDING ALLOTMENT.—From the amount 

23 made available under section 3(c)(1)(A) for a fiscal year, 

24 the Secretary shall— 


rfrederick on DSK4SPTVN1PROD with BILLS
297 

•HR 5 IH

1 ‘‘(1) reserve 15 percent to support charter 

2 school facilities assistance under section 3104; 

3 ‘‘(2) reserve not more than 5 percent to carry 

4 out national activities under section 3105; and 

5 ‘‘(3) use the remaining amount after the Sec6 retary reserves funds under paragraphs (1) and (2) 

7 to carry out section 3103. 

8 ‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The recipi9 ent of a grant or subgrant under this subpart or subpart 

10 2, as such subpart was in effect on the day before the 

11 date of enactment of the Student Success Act, shall con12 tinue to receive funds in accordance with the terms and 

13 conditions of such grant or subgrant. 

14 ‘‘SEC. 3103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER 

15 SCHOOLS. 

16 ‘‘(a) IN GENERAL.—From the amount reserved 

17 under section 3102(b)(3), the Secretary shall award 

18 grants to State entities having applications approved pur19 suant to subsection (f) to enable such entities to— 

20 ‘‘(1) award subgrants to eligible applicants 

21 for— 

22 ‘‘(A) opening new charter schools; 

23 ‘‘(B) opening replicable, high-quality char24 ter school models; or 


rfrederick on DSK4SPTVN1PROD with BILLS
298 

•HR 5 IH

1 ‘‘(C) expanding high-quality charter 

2 schools; and 

3 ‘‘(2) provide technical assistance to eligible ap4 plicants and authorized public chartering agencies in 

5 carrying out the activities described in paragraph (1) 

6 and work with authorized public chartering agencies 

7 in the State to improve authorizing quality. 

8 ‘‘(b) STATE USES OF FUNDS.— 

9 ‘‘(1) IN GENERAL.—A State entity receiving a 

10 grant under this section shall— 

11 ‘‘(A) use 90 percent of the grant funds to 

12 award subgrants to eligible applicants, in ac13 cordance with the quality charter school pro14 gram described in the entity’s application ap15 proved pursuant to subsection (f), for the pur16 poses described in subparagraphs (A) through 

17 (C) of subsection (a)(1); and 

18 ‘‘(B) reserve 10 percent of such funds to 

19 carry out the activities described in subsection 

20 (a)(2), of which not more than 30 percent may 

21 be used for administrative costs which may in22 clude technical assistance. 

23 ‘‘(2) CONTRACTS AND GRANTS.—A State entity 

24 may use a grant received under this section to carry 

25 out the activities described in subparagraphs (A) 


rfrederick on DSK4SPTVN1PROD with BILLS
299 

•HR 5 IH

1 and (B) of paragraph (1) directly or through grants, 

2 contracts, or cooperative agreements. 

3 ‘‘(c) PROGRAM PERIODS; PEER REVIEW; GRANT

4 NUMBER AND AMOUNT; DIVERSITY OF PROJECTS; WAIV5 ERS.— 

6 ‘‘(1) PROGRAM PERIODS.— 

7 ‘‘(A) GRANTS.—A grant awarded by the 

8 Secretary to a State entity under this section 

9 shall be for a period of not more than 5 years. 

10 ‘‘(B) SUBGRANTS.—A subgrant awarded 

11 by a State entity under this section shall be for 

12 a period of not more than 5 years, of which an 

13 eligible applicant may use not more than 18 

14 months for planning and program design. 

15 ‘‘(2) PEER REVIEW.—The Secretary, and each 

16 State entity receiving a grant under this section, 

17 shall use a peer review process to review applications 

18 for assistance under this section. 

19 ‘‘(3) GRANT NUMBER AND AMOUNT.—The Sec20 retary shall ensure that the number of grants award21 ed under this section and the award amounts will 

22 allow for a sufficient number of new grants to be 

23 awarded under this section for each succeeding fiscal 

24 year. 


rfrederick on DSK4SPTVN1PROD with BILLS
300 

•HR 5 IH

1 ‘‘(4) DIVERSITY OF PROJECTS.—Each State en2 tity receiving a grant under this section shall award 

3 subgrants under this section in a manner that, to 

4 the extent possible, ensures that such subgrants— 

5 ‘‘(A) are distributed throughout different 

6 areas, including urban, suburban, and rural 

7 areas; and 

8 ‘‘(B) will assist charter schools rep9 resenting a variety of educational approaches. 

10 ‘‘(5) WAIVERS.—The Secretary may waive any 

11 statutory or regulatory requirement without requir12 ing the adoption of any unrelated requirements over 

13 which the Secretary exercises administrative author14 ity except any such requirement relating to the ele15 ments of a charter school described in section 

16 5101(3), if— 

17 ‘‘(A) the waiver is requested in an ap18 proved application under this section; and 

19 ‘‘(B) the Secretary determines that grant20 ing such a waiver will promote the purpose of 

21 this subpart. 

22 ‘‘(d) LIMITATIONS.— 

23 ‘‘(1) GRANTS.—A State entity may not receive 

24 more than 1 grant under this section for a 5-year 

25 period. 


rfrederick on DSK4SPTVN1PROD with BILLS
301 

•HR 5 IH

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 5-year period, 

4 unless the eligible applicant demonstrates to the 

5 State entity not less than 3 years of improved edu6 cational results in the areas described in subpara7 graphs (A) and (D) of section 3110(5) for students 

8 enrolled in such charter school. 

9 ‘‘(e) APPLICATIONS.—A State entity desiring to re10 ceive a grant under this section shall submit an application 

11 to the Secretary at such time and in such manner as the 

12 Secretary may require. The application shall include the 

13 following: 

14 ‘‘(1) DESCRIPTION OF PROGRAM.—A descrip15 tion of the State entity’s objectives in running a 

16 quality charter school program under this section 

17 and how the objectives of the program will be car18 ried out, including a description— 

19 ‘‘(A) of how the entity— 

20 ‘‘(i) will support both new charter 

21 school startup and the expansion and rep22 lication of high-quality charter school mod23 els; 

24 ‘‘(ii) will inform eligible charter 

25 schools, developers, and authorized public 


rfrederick on DSK4SPTVN1PROD with BILLS
302 

•HR 5 IH

1 chartering agencies of the availability of 

2 funds under the program; 

3 ‘‘(iii) will work with eligible applicants 

4 to ensure that the applicants access all 

5 Federal funds that they are eligible to re6 ceive, and help the charter schools sup7 ported by the applicants and the students 

8 attending the charter schools— 

9 ‘‘(I) participate in the Federal 

10 programs in which the schools and 

11 students are eligible to participate; 

12 and 

13 ‘‘(II) receive the commensurate 

14 share of Federal funds the schools 

15 and students are eligible to receive 

16 under such programs; 

17 ‘‘(iv) in the case in which the entity is 

18 not a State educational agency— 

19 ‘‘(I) will work with the State edu20 cational agency and the charter 

21 schools in the State to maximize char22 ter school participation in Federal and 

23 State programs for charter schools; 

24 and 


rfrederick on DSK4SPTVN1PROD with BILLS
303 

•HR 5 IH

1 ‘‘(II) will work with the State 

2 educational agency to adequately op3 erate the entity’s program under this 

4 section, where applicable; 

5 ‘‘(v) will ensure eligible applicants 

6 that receive a subgrant under the entity’s 

7 program are prepared to continue to oper8 ate the charter schools receiving the 

9 subgrant funds once the funds have ex10 pired; 

11 ‘‘(vi) will support charter schools in 

12 local educational agencies with large num13 bers of schools implementing requirements 

14 under the State’s school improvement sys15 tem under section 1111(b)(3)(B)(iii); 

16 ‘‘(vii) will work with charter schools to 

17 promote inclusion of all students and sup18 port all students once they are enrolled to 

19 promote retention; 

20 ‘‘(viii) will work with charter schools 

21 on recruitment practices, including efforts 

22 to engage groups that may otherwise have 

23 limited opportunities to participate in char24 ter schools; 


rfrederick on DSK4SPTVN1PROD with BILLS
304 

•HR 5 IH

1 ‘‘(ix) will share best and promising 

2 practices between charter schools and 

3 other public schools, including, where ap4 propriate, instruction and professional de5 velopment in science, math, technology, 

6 and engineering education; 

7 ‘‘(x) will ensure the charter schools 

8 receiving funds under the entity’s program 

9 can meet the educational needs of their 

10 students, including students with disabil11 ities and English learners; and 

12 ‘‘(xi) will support efforts to increase 

13 quality initiatives, including meeting the 

14 quality authorizing elements described in 

15 paragraph (2)(E); 

16 ‘‘(B) of the extent to which the entity— 

17 ‘‘(i) is able to meet and carry out the 

18 priorities listed in subsection (f)(2); and 

19 ‘‘(ii) is working to develop or 

20 strengthen a cohesive statewide system to 

21 support the opening of new charter schools 

22 and replicable, high-quality charter school 

23 models, and the expansion of high-quality 

24 charter schools; 


rfrederick on DSK4SPTVN1PROD with BILLS
305 

•HR 5 IH

1 ‘‘(C) of how the entity will carry out the 

2 subgrant competition, including— 

3 ‘‘(i) a description of the application 

4 each eligible applicant desiring to receive a 

5 subgrant will submit, including— 

6 ‘‘(I) a description of the roles 

7 and responsibilities of eligible appli8 cants, partner organizations, and 

9 management organizations, including 

10 the administrative and contractual 

11 roles and responsibilities; 

12 ‘‘(II) a description of the quality 

13 controls agreed to between the eligible 

14 applicant and the authorized public 

15 chartering agency involved, such as a 

16 contract or performance agreement, 

17 and how a school’s performance in the 

18 State’s academic accountability sys19 tem will be a primary factor for re20 newal; and 

21 ‘‘(III) a description of how the el22 igible applicant will solicit and con23 sider input from parents and other 

24 members of the community on the im25 plementation and operation of each 


rfrederick on DSK4SPTVN1PROD with BILLS
306 

•HR 5 IH

1 charter school receiving funds under 

2 the entity’s program; and 

3 ‘‘(ii) a description of how the entity 

4 will review applications; 

5 ‘‘(D) in the case of an entity that partners 

6 with an outside organization to carry out the 

7 entity’s quality charter school program, in 

8 whole or in part, of the roles and responsibil9 ities of this partner; 

10 ‘‘(E) of how the entity will help the charter 

11 schools receiving funds under the entity’s pro12 gram consider the transportation needs of the 

13 schools’ students; and 

14 ‘‘(F) of how the entity will support diverse 

15 charter school models, including models that 

16 serve rural communities. 

17 ‘‘(2) ASSURANCES.—Assurances, including a 

18 description of how the assurances will be met, 

19 that— 

20 ‘‘(A) each charter school receiving funds 

21 under the entity’s program will have a high de22 gree of autonomy over budget and operations; 

23 ‘‘(B) the entity will support charter schools 

24 in meeting the educational needs of their stu25 dents as described in paragraph (1)(A)(x); 


rfrederick on DSK4SPTVN1PROD with BILLS
307 

•HR 5 IH

1 ‘‘(C) the entity will ensure that the author2 ized public chartering agency of any charter 

3 school that receives funds under the entity’s 

4 program— 

5 ‘‘(i) ensures that each charter school 

6 is meeting the obligations under this Act, 

7 part B of the Individuals with Disabilities 

8 Education Act, title VI of the Civil Rights 

9 Act of 1964, section 504 of the Rehabilita10 tion Act of 1973, the Age Discrimination 

11 Act of 1975, and title IX of the Education 

12 Amendments of 1972; 

13 ‘‘(ii) adequately monitors and helps 

14 each charter school in recruiting, enrolling, 

15 and meeting the needs of all students, in16 cluding students with disabilities and 

17 English learners; and 

18 ‘‘(iii) ensures that each charter school 

19 solicits and considers input from parents 

20 and other members of the community on 

21 the implementation and operation of the 

22 school; 

23 ‘‘(D) the entity will provide adequate tech24 nical assistance to eligible applicants to— 


rfrederick on DSK4SPTVN1PROD with BILLS
308 

•HR 5 IH

1 ‘‘(i) meet the objectives described in 

2 clauses (vii), (viii), and (x) of paragraph 

3 (1)(A); and 

4 ‘‘(ii) enroll traditionally underserved 

5 students, including students with disabil6 ities and English learners, to promote an 

7 inclusive education environment; 

8 ‘‘(E) the entity will promote quality au9 thorizing, such as through providing technical 

10 assistance, to support all authorized public 

11 chartering agencies in the State to improve the 

12 monitoring of their charter schools, including 

13 by— 

14 ‘‘(i) assessing annual performance 

15 data of the schools, including, as appro16 priate, graduation rates and student 

17 growth; and 

18 ‘‘(ii) reviewing the schools’ inde19 pendent, annual audits of financial state20 ments conducted in accordance with gen21 erally accepted accounting principles, and 

22 ensuring any such audits are publically re23 ported; 

24 ‘‘(F) the entity will work to ensure that 

25 charter schools are included with the traditional 


rfrederick on DSK4SPTVN1PROD with BILLS
309 

•HR 5 IH

1 public schools in decisionmaking about the pub2 lic school system in the State; and 

3 ‘‘(G) the entity will ensure that each char4 ter school in the State make publicly available, 

5 consistent with the dissemination requirements 

6 of the annual State report card, the information 

7 parents need to make informed decisions about 

8 the education options available to their children, 

9 including information on the educational pro10 gram, student support services, and annual per11 formance and enrollment data for the groups of 

12 students described in section 

13 1111(b)(3)(B)(ii)(II). 

14 ‘‘(3) REQUESTS FOR WAIVERS.—A request and 

15 justification for waivers of any Federal statutory or 

16 regulatory provisions that the entity believes are nec17 essary for the successful operation of the charter 

18 schools that will receive funds under the entity’s pro19 gram under this section, and a description of any 

20 State or local rules, generally applicable to public 

21 schools, that will be waived, or otherwise not apply 

22 to such schools. 

23 ‘‘(f) SELECTION CRITERIA; PRIORITY.— 

24 ‘‘(1) SELECTION CRITERIA.—The Secretary 

25 shall award grants to State entities under this secVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
310 

•HR 5 IH

1 tion on the basis of the quality of the applications 

2 submitted under subsection (e), after taking into 

3 consideration— 

4 ‘‘(A) the degree of flexibility afforded by 

5 the State’s public charter school law and how 

6 the entity will work to maximize the flexibility 

7 provided to charter schools under the law; 

8 ‘‘(B) the ambitiousness of the entity’s ob9 jectives for the quality charter school program 

10 carried out under this section; 

11 ‘‘(C) the quality of the strategy for assess12 ing achievement of those objectives; 

13 ‘‘(D) the likelihood that the eligible appli14 cants receiving subgrants under the program 

15 will meet those objectives and improve edu16 cational results for students; 

17 ‘‘(E) the proposed number of new charter 

18 schools to be opened, and the proposed number 

19 of high-quality charter schools to be replicated 

20 or expanded under the program; 

21 ‘‘(F) the entity’s plan to— 

22 ‘‘(i) adequately monitor the eligible 

23 applicants receiving subgrants under the 

24 entity’s program; and 


rfrederick on DSK4SPTVN1PROD with BILLS
311 

•HR 5 IH

1 ‘‘(ii) work with the authorized public 

2 chartering agencies involved to avoid dupli3 cation of work for the charter schools and 

4 authorized public chartering agencies; 

5 ‘‘(G) the entity’s plan to provide adequate 

6 technical assistance, as described in the entity’s 

7 application under subsection (e), for the eligible 

8 applicants receiving subgrants under the enti9 ty’s program under this section; 

10 ‘‘(H) the entity’s plan to support quality 

11 authorizing efforts in the State, consistent with 

12 the objectives described in subparagraph (B); 

13 and 

14 ‘‘(I) the entity’s plan to solicit and con15 sider input from parents and other members of 

16 the community on the implementation and oper17 ation of the charter schools in the State. 

18 ‘‘(2) PRIORITY.—In awarding grants under this 

19 section, the Secretary shall give priority to State en20 tities to the extent that they meet the following cri21 teria: 

22 ‘‘(A) In the case of a State entity located 

23 in a State that allows an entity other than a 

24 local educational agency to be an authorized 

25 public chartering agency, the State has a qualVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
312 

•HR 5 IH

1 ity authorized public chartering agency that is 

2 an entity other than a local educational agency. 

3 ‘‘(B) The State entity is located in a State 

4 that does not impose any limitation on the 

5 number or percentage of charter schools that 

6 may exist or the number or percentage of stu7 dents that may attend charter schools in the 

8 State. 

9 ‘‘(C) The State entity is located in a State 

10 that ensures equitable financing, as compared 

11 to traditional public schools, for charter schools 

12 and students in a prompt manner. 

13 ‘‘(D) The State entity is located in a State 

14 that uses charter schools and best practices 

15 from charter schools to help improve struggling 

16 schools and local educational agencies. 

17 ‘‘(E) The State entity partners with an or18 ganization that has a demonstrated record of 

19 success in developing management organiza20 tions to support the development of charter 

21 schools in the State. 

22 ‘‘(F) The State entity demonstrates quality 

23 policies and practices to support and monitor 

24 charter schools through factors including— 


rfrederick on DSK4SPTVN1PROD with BILLS
313 

•HR 5 IH

1 ‘‘(i) the proportion of high-quality 

2 charter schools in the State; and 

3 ‘‘(ii) the proportion of charter schools 

4 enrolling, at a rate similar to traditional 

5 public schools, traditionally underserved 

6 students, including students with disabil7 ities and English learners. 

8 ‘‘(G) The State entity supports charter 

9 schools that support at-risk students through 

10 activities such as dropout prevention or dropout 

11 recovery. 

12 ‘‘(H) The State entity authorizes all char13 ter schools in the State to serve as school food 

14 authorities. 

15 ‘‘(g) LOCAL USES OF FUNDS.—An eligible applicant 

16 receiving a subgrant under this section shall use such 

17 funds to open new charter schools, open replicable, high18 quality charter school models, or expand existing high19 quality charter schools. 

20 ‘‘(h) REPORTING REQUIREMENTS.—Each State enti21 ty receiving a grant under this section shall submit to the 

22 Secretary, at the end of the third year of the 5-year grant 

23 period and at the end of such grant period, a report on— 

24 ‘‘(1) the number of students served under each 

25 subgrant awarded under this section and, if applicaVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
314 

•HR 5 IH

1 ble, how many new students were served during each 

2 year of the subgrant period; 

3 ‘‘(2) the number of subgrants awarded under 

4 this section to carry out each of the following— 

5 ‘‘(A) the opening of new charter schools; 

6 ‘‘(B) the opening of replicable, high-quality 

7 charter school models; and 

8 ‘‘(C) the expansion of high-quality charter 

9 schools; 

10 ‘‘(3) the progress the entity made toward meet11 ing the priorities described in subsection (f)(2), as 

12 applicable; 

13 ‘‘(4) how the entity met the objectives of the 

14 quality charter school program described in the enti15 ty’s application under subsection (e); 

16 ‘‘(5) how the entity complied with, and ensured 

17 that eligible applicants complied with, the assurances 

18 described in the entity’s application; and 

19 ‘‘(6) how the entity worked with authorized 

20 public chartering agencies and how such agencies 

21 worked with the management company or leadership 

22 of the schools that received subgrants under this 

23 section. 

24 ‘‘(i) STATE ENTITY DEFINED.—For purposes of this 

25 section, the term ‘State entity’ means— 


rfrederick on DSK4SPTVN1PROD with BILLS
315 

•HR 5 IH

1 ‘‘(1) a State educational agency; 

2 ‘‘(2) a State charter school board; or 

3 ‘‘(3) a Governor of a State. 

4 ‘‘SEC. 3104. FACILITIES FINANCING ASSISTANCE. 

5 ‘‘(a) GRANTS TO ELIGIBLE ENTITIES.— 

6 ‘‘(1) IN GENERAL.—From the amount reserved 

7 under section 3102(b)(1), the Secretary shall award 

8 grants to eligible entities that have the highest-qual9 ity applications approved under subsection (d), after 

10 considering the diversity of such applications, to 

11 demonstrate innovative methods of assisting charter 

12 schools to address the cost of acquiring, con13 structing, and renovating facilities by enhancing the 

14 availability of loans or bond financing. 

15 ‘‘(2) ELIGIBLE ENTITY DEFINED.—For pur16 poses of this section, the term ‘eligible entity’ 

17 means— 

18 ‘‘(A) a public entity, such as a State or 

19 local governmental entity; 

20 ‘‘(B) a private nonprofit entity; or 

21 ‘‘(C) a consortium of entities described in 

22 subparagraphs (A) and (B). 

23 ‘‘(b) GRANTEE SELECTION.—The Secretary shall 

24 evaluate each application submitted under subsection (d), 


rfrederick on DSK4SPTVN1PROD with BILLS
316 

•HR 5 IH

1 and shall determine whether the application is sufficient 

2 to merit approval. 

3 ‘‘(c) GRANT CHARACTERISTICS.—Grants under sub4 section (a) shall be of a sufficient size, scope, and quality 

5 so as to ensure an effective demonstration of an innovative 

6 means of enhancing credit for the financing of charter 

7 school acquisition, construction, or renovation. 

8 ‘‘(d) APPLICATIONS.— 

9 ‘‘(1) IN GENERAL.—To receive a grant under 

10 subsection (a), an eligible entity shall submit to the 

11 Secretary an application in such form as the Sec12 retary may reasonably require. 

13 ‘‘(2) CONTENTS.—An application submitted 

14 under paragraph (1) shall contain— 

15 ‘‘(A) a statement identifying the activities 

16 proposed to be undertaken with funds received 

17 under subsection (a), including how the eligible 

18 entity will determine which charter schools will 

19 receive assistance, and how much and what 

20 types of assistance charter schools will receive; 

21 ‘‘(B) a description of the involvement of 

22 charter schools in the application’s development 

23 and the design of the proposed activities; 

24 ‘‘(C) a description of the eligible entity’s 

25 expertise in capital market financing; 


rfrederick on DSK4SPTVN1PROD with BILLS
317 

•HR 5 IH

1 ‘‘(D) a description of how the proposed ac2 tivities will leverage the maximum amount of 

3 private-sector financing capital relative to the 

4 amount of Federal, State, or local government 

5 funding used and otherwise enhance credit 

6 available to charter schools, including how the 

7 entity will offer a combination of rates and 

8 terms more favorable than the rates and terms 

9 that a charter school could receive without as10 sistance from the entity under this section; 

11 ‘‘(E) a description of how the eligible enti12 ty possesses sufficient expertise in education to 

13 evaluate the likelihood of success of a charter 

14 school program for which facilities financing is 

15 sought; and 

16 ‘‘(F) in the case of an application sub17 mitted by a State governmental entity, a de18 scription of the actions that the entity has 

19 taken, or will take, to ensure that charter 

20 schools within the State receive the funding the 

21 charter schools need to have adequate facilities. 

22 ‘‘(e) CHARTER SCHOOL OBJECTIVES.—An eligible 

23 entity receiving a grant under this section shall use the 

24 funds deposited in the reserve account established under 

25 subsection (f) to assist one or more charter schools to acVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
318 

•HR 5 IH

1 cess private sector capital to accomplish one or both of 

2 the following objectives: 

3 ‘‘(1) The acquisition (by purchase, lease, dona4 tion, or otherwise) of an interest (including an inter5 est held by a third party for the benefit of a charter 

6 school) in improved or unimproved real property 

7 that is necessary to commence or continue the oper8 ation of a charter school. 

9 ‘‘(2) The construction of new facilities, includ10 ing predevelopment costs, or the renovation, repair, 

11 or alteration of existing facilities, necessary to com12 mence or continue the operation of a charter school. 

13 ‘‘(f) RESERVE ACCOUNT.— 

14 ‘‘(1) USE OF FUNDS.—To assist charter schools 

15 to accomplish the objectives described in subsection 

16 (e), an eligible entity receiving a grant under sub17 section (a) shall, in accordance with State and local 

18 law, directly or indirectly, alone or in collaboration 

19 with others, deposit the funds received under sub20 section (a) (other than funds used for administrative 

21 costs in accordance with subsection (g)) in a reserve 

22 account established and maintained by the eligible 

23 entity for this purpose. Amounts deposited in such 

24 account shall be used by the eligible entity for one 

25 or more of the following purposes: 


rfrederick on DSK4SPTVN1PROD with BILLS
319 

•HR 5 IH

1 ‘‘(A) Guaranteeing, insuring, and rein2 suring bonds, notes, evidences of debt, loans, 

3 and interests therein, the proceeds of which are 

4 used for an objective described in subsection 

5 (e). 

6 ‘‘(B) Guaranteeing and insuring leases of 

7 personal and real property for an objective de8 scribed in subsection (e). 

9 ‘‘(C) Facilitating financing by identifying 

10 potential lending sources, encouraging private 

11 lending, and other similar activities that di12 rectly promote lending to, or for the benefit of, 

13 charter schools. 

14 ‘‘(D) Facilitating the issuance of bonds by 

15 charter schools, or by other public entities for 

16 the benefit of charter schools, by providing 

17 technical, administrative, and other appropriate 

18 assistance (including the recruitment of bond 

19 counsel, underwriters, and potential investors 

20 and the consolidation of multiple charter school 

21 projects within a single bond issue). 

22 ‘‘(2) INVESTMENT.—Funds received under this 

23 section and deposited in the reserve account estab24 lished under paragraph (1) shall be invested in obliVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
320 

•HR 5 IH

1 gations issued or guaranteed by the United States or 

2 a State, or in other similarly low-risk securities. 

3 ‘‘(3) REINVESTMENT OF EARNINGS.—Any earn4 ings on funds received under subsection (a) shall be 

5 deposited in the reserve account established under 

6 paragraph (1) and used in accordance with such 

7 paragraph. 

8 ‘‘(g) LIMITATION ON ADMINISTRATIVE COSTS.—An 

9 eligible entity may use not more than 2.5 percent of the 

10 funds received under subsection (a) for the administrative 

11 costs of carrying out its responsibilities under this section 

12 (excluding subsection (k)). 

13 ‘‘(h) AUDITS AND REPORTS.— 

14 ‘‘(1) FINANCIAL RECORD MAINTENANCE AND

15 AUDIT.—The financial records of each eligible entity 

16 receiving a grant under subsection (a) shall be main17 tained in accordance with generally accepted ac18 counting principles and shall be subject to an annual 

19 audit by an independent public accountant. 

20 ‘‘(2) REPORTS.— 

21 ‘‘(A) GRANTEE ANNUAL REPORTS.—Each 

22 eligible entity receiving a grant under sub23 section (a) annually shall submit to the Sec24 retary a report of its operations and activities 

25 under this section. 


rfrederick on DSK4SPTVN1PROD with BILLS
321 

•HR 5 IH

1 ‘‘(B) CONTENTS.—Each annual report 

2 submitted under subparagraph (A) shall in3 clude— 

4 ‘‘(i) a copy of the most recent finan5 cial statements, and any accompanying 

6 opinion on such statements, prepared by 

7 the independent public accountant review8 ing the financial records of the eligible en9 tity; 

10 ‘‘(ii) a copy of any report made on an 

11 audit of the financial records of the eligible 

12 entity that was conducted under paragraph 

13 (1) during the reporting period; 

14 ‘‘(iii) an evaluation by the eligible en15 tity of the effectiveness of its use of the 

16 Federal funds provided under subsection 

17 (a) in leveraging private funds; 

18 ‘‘(iv) a listing and description of the 

19 charter schools served during the reporting 

20 period, including the amount of funds used 

21 by each school, the type of project facili22 tated by the grant, and the type of assist23 ance provided to the charter schools; 

24 ‘‘(v) a description of the activities car25 ried out by the eligible entity to assist 


rfrederick on DSK4SPTVN1PROD with BILLS
322 

•HR 5 IH

1 charter schools in meeting the objectives 

2 set forth in subsection (e); and 

3 ‘‘(vi) a description of the characteris4 tics of lenders and other financial institu5 tions participating in the activities under6 taken by the eligible entity under this sec7 tion (excluding subsection (k)) during the 

8 reporting period. 

9 ‘‘(C) SECRETARIAL REPORT.—The Sec10 retary shall review the reports submitted under 

11 subparagraph (A) and shall provide a com12 prehensive annual report to Congress on the ac13 tivities conducted under this section (excluding 

14 subsection (k)). 

15 ‘‘(i) NO FULL FAITH AND CREDIT FOR GRANTEE

16 OBLIGATION.—No financial obligation of an eligible entity 

17 entered into pursuant to this section (such as an obliga18 tion under a guarantee, bond, note, evidence of debt, or 

19 loan) shall be an obligation of, or guaranteed in any re20 spect by, the United States. The full faith and credit of 

21 the United States is not pledged to the payment of funds 

22 which may be required to be paid under any obligation 

23 made by an eligible entity pursuant to any provision of 

24 this section. 

25 ‘‘(j) RECOVERY OF FUNDS.— 


rfrederick on DSK4SPTVN1PROD with BILLS
323 

•HR 5 IH

1 ‘‘(1) IN GENERAL.—The Secretary, in accord2 ance with chapter 37 of title 31, United States 

3 Code, shall collect— 

4 ‘‘(A) all of the funds in a reserve account 

5 established by an eligible entity under sub6 section (f)(1) if the Secretary determines, not 

7 earlier than 2 years after the date on which the 

8 eligible entity first received funds under this 

9 section (excluding subsection (k)), that the eli10 gible entity has failed to make substantial 

11 progress in carrying out the purposes described 

12 in subsection (f)(1); or 

13 ‘‘(B) all or a portion of the funds in a re14 serve account established by an eligible entity 

15 under subsection (f)(1) if the Secretary deter16 mines that the eligible entity has permanently 

17 ceased to use all or a portion of the funds in 

18 such account to accomplish any purpose de19 scribed in subsection (f)(1). 

20 ‘‘(2) EXERCISE OF AUTHORITY.—The Secretary 

21 shall not exercise the authority provided in para22 graph (1) to collect from any eligible entity any 

23 funds that are being properly used to achieve one or 

24 more of the purposes described in subsection (f)(1). 


rfrederick on DSK4SPTVN1PROD with BILLS
324 

•HR 5 IH

1 ‘‘(3) PROCEDURES.—The provisions of sections 

2 451, 452, and 458 of the General Education Provi3 sions Act (20 U.S.C. 1234, 1234a, 1234g) shall 

4 apply to the recovery of funds under paragraph (1). 

5 ‘‘(4) CONSTRUCTION.—This subsection shall 

6 not be construed to impair or affect the authority of 

7 the Secretary to recover funds under part D of the 

8 General Education Provisions Act (20 U.S.C. 1234 

9 et seq.). 

10 ‘‘(k) PER-PUPIL FACILITIES AID PROGRAM.— 

11 ‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID

12 PROGRAM.—In this subsection, the term ‘per-pupil 

13 facilities aid program’ means a program in which a 

14 State makes payments, on a per-pupil basis, to char15 ter schools to provide the schools with financing— 

16 ‘‘(A) that is dedicated solely for funding 

17 charter school facilities; or 

18 ‘‘(B) a portion of which is dedicated for 

19 funding charter school facilities. 

20 ‘‘(2) GRANTS.— 

21 ‘‘(A) IN GENERAL.—From the amount re22 served under section 3102(b)(1) and remaining 

23 after the Secretary makes grants under sub24 section (a), the Secretary shall make grants, on 

25 a competitive basis, to States to pay for the 


rfrederick on DSK4SPTVN1PROD with BILLS
325 

•HR 5 IH

1 Federal share of the cost of establishing or en2 hancing, and administering per-pupil facilities 

3 aid programs. 

4 ‘‘(B) PERIOD.—The Secretary shall award 

5 grants under this subsection for periods of not 

6 more than 5 years. 

7 ‘‘(C) FEDERAL SHARE.—The Federal 

8 share of the cost described in subparagraph (A) 

9 for a per-pupil facilities aid program shall be 

10 not more than— 

11 ‘‘(i) 90 percent of the cost, for the 

12 first fiscal year for which the program re13 ceives assistance under this subsection; 

14 ‘‘(ii) 80 percent in the second such 

15 year; 

16 ‘‘(iii) 60 percent in the third such 

17 year; 

18 ‘‘(iv) 40 percent in the fourth such 

19 year; and 

20 ‘‘(v) 20 percent in the fifth such year. 

21 ‘‘(D) STATE SHARE.—A State receiving a 

22 grant under this subsection may partner with 1 

23 or more organizations to provide up to 50 per24 cent of the State share of the cost of estabVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
326 

•HR 5 IH

1 lishing or enhancing, and administering the per2 pupil facilities aid program. 

3 ‘‘(E) MULTIPLE GRANTS.—A State may 

4 receive more than 1 grant under this sub5 section, so long as the amount of such funds 

6 provided to charter schools increases with each 

7 successive grant. 

8 ‘‘(3) USE OF FUNDS.— 

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

10 a grant under this subsection shall use the 

11 funds made available through the grant to es12 tablish or enhance, and administer, a per-pupil 

13 facilities aid program for charter schools in the 

14 State of the applicant. 

15 ‘‘(B) EVALUATIONS; TECHNICAL ASSIST16 ANCE; DISSEMINATION.—From the amount 

17 made available to a State through a grant 

18 under this subsection for a fiscal year, the State 

19 may reserve not more than 5 percent to carry 

20 out evaluations, to provide technical assistance, 

21 and to disseminate information. 

22 ‘‘(C) SUPPLEMENT, NOT SUPPLANT.— 

23 Funds made available under this subsection 

24 shall be used to supplement, and not supplant, 

25 State, and local public funds expended to proVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
327 

•HR 5 IH

1 vide per pupil facilities aid programs, oper2 ations financing programs, or other programs, 

3 for charter schools. 

4 ‘‘(4) REQUIREMENTS.— 

5 ‘‘(A) VOLUNTARY PARTICIPATION.—No 

6 State may be required to participate in a pro7 gram carried out under this subsection. 

8 ‘‘(B) STATE LAW.— 

9 ‘‘(i) IN GENERAL.—Except as pro10 vided in clause (ii), to be eligible to receive 

11 a grant under this subsection, a State shall 

12 establish or enhance, and administer, a 

13 per-pupil facilities aid program for charter 

14 schools in the State, that— 

15 ‘‘(I) is specified in State law; and 

16 ‘‘(II) provides annual financing, 

17 on a per-pupil basis, for charter 

18 school facilities. 

19 ‘‘(ii) SPECIAL RULE.—Notwith20 standing clause (i), a State that is required 

21 under State law to provide its charter 

22 schools with access to adequate facility 

23 space, but which does not have a per-pupil 

24 facilities aid program for charter schools 

25 specified in State law, may be eligible to 


rfrederick on DSK4SPTVN1PROD with BILLS
328 

•HR 5 IH

1 receive a grant under this subsection if the 

2 State agrees to use the funds to develop a 

3 per-pupil facilities aid program consistent 

4 with the requirements of this subsection. 

5 ‘‘(5) APPLICATIONS.—To be eligible to receive a 

6 grant under this subsection, a State shall submit an 

7 application to the Secretary at such time, in such 

8 manner, and containing such information as the Sec9 retary may require. 

10 ‘‘SEC. 3105. NATIONAL ACTIVITIES. 

11 ‘‘(a) IN GENERAL.—From the amount reserved 

12 under section 3102(b)(2), the Secretary shall— 

13 ‘‘(1) use not less than 50 percent of such funds 

14 to award grants in accordance with subsection (b); 

15 and 

16 ‘‘(2) use the remainder of such funds to— 

17 ‘‘(A) disseminate technical assistance to 

18 State entities in awarding subgrants under sec19 tion 3103, and eligible entities and States re20 ceiving grants under section 3104; 

21 ‘‘(B) disseminate best practices; and 

22 ‘‘(C) evaluate the impact of the charter 

23 school program, including the impact on stu24 dent achievement, carried out under this sub25 part. 


rfrederick on DSK4SPTVN1PROD with BILLS
329 

•HR 5 IH

1 ‘‘(b) GRANTS.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall make 

3 grants, on a competitive basis, to eligible applicants 

4 for the purpose of carrying out the activities de5 scribed in section 3102(a)(1), subparagraphs (A) 

6 through (C) of section 3103(a)(1), and section 

7 3103(g). 

8 ‘‘(2) TERMS AND CONDITIONS.—Except as oth9 erwise provided in this subsection, grants awarded 

10 under this subsection shall have the same terms and 

11 conditions as grants awarded to State entities under 

12 section 3103. 

13 ‘‘(3) ELIGIBLE APPLICANT DEFINED.—For pur14 poses of this subsection, the term ‘eligible applicant’ 

15 means an eligible applicant that desires to open a 

16 charter school in— 

17 ‘‘(A) a State that did not apply for a grant 

18 under section 3103; 

19 ‘‘(B) a State that did not receive a grant 

20 under section 3103; or 

21 ‘‘(C) a State that received a grant under 

22 section 3103 and is in the 4th or 5th year of 

23 the grant period for such grant. 

24 ‘‘(c) CONTRACTS AND GRANTS.—The Secretary may 

25 carry out any of the activities described in this section diVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
330 

•HR 5 IH

1 rectly or through grants, contracts, or cooperative agree2 ments. 

3 ‘‘SEC. 3106. FEDERAL FORMULA ALLOCATION DURING 

4 FIRST YEAR AND FOR SUCCESSIVE ENROLL5 MENT EXPANSIONS. 

6 ‘‘(a) IN GENERAL.—For purposes of the allocation 

7 to schools by the States or their agencies of funds under 

8 part A of title I, and any other Federal funds which the 

9 Secretary allocates to States on a formula basis, the Sec10 retary and each State educational agency shall take such 

11 measures as are necessary to ensure that every charter 

12 school receives the Federal funding for which the charter 

13 school is eligible not later than 5 months after the charter 

14 school first opens, notwithstanding the fact that the iden15 tity and characteristics of the students enrolling in that 

16 charter school are not fully and completely determined 

17 until that charter school actually opens. The measures 

18 similarly shall ensure that every charter school expanding 

19 its enrollment in any subsequent year of operation receives 

20 the Federal funding for which the charter school is eligible 

21 not later than 5 months after such expansion. 

22 ‘‘(b) ADJUSTMENT AND LATE OPENINGS.— 

23 ‘‘(1) IN GENERAL.—The measures described in 

24 subsection (a) shall include provision for appropriate 

25 adjustments, through recovery of funds or reduction 


rfrederick on DSK4SPTVN1PROD with BILLS
331 

•HR 5 IH

1 of payments for the succeeding year, in cases where 

2 payments made to a charter school on the basis of 

3 estimated or projected enrollment data exceed the 

4 amounts that the school is eligible to receive on the 

5 basis of actual or final enrollment data. 

6 ‘‘(2) RULE.—For charter schools that first 

7 open after November 1 of any academic year, the 

8 State, in accordance with guidance provided by the 

9 Secretary and applicable Federal statutes and regu10 lations, shall ensure that such charter schools that 

11 are eligible for the funds described in subsection (a) 

12 for such academic year have a full and fair oppor13 tunity to receive those funds during the charter 

14 schools’ first year of operation. 

15 ‘‘SEC. 3107. SOLICITATION OF INPUT FROM CHARTER 

16 SCHOOL OPERATORS. 

17 ‘‘To the extent practicable, the Secretary shall ensure 

18 that administrators, teachers, and other individuals di19 rectly involved in the operation of charter schools are con20 sulted in the development of any rules or regulations re21 quired to implement this subpart, as well as in the devel22 opment of any rules or regulations relevant to charter 

23 schools that are required to implement part A of title I, 

24 the Individuals with Disabilities Education Act, or any 

25 other program administered by the Secretary that provides 


rfrederick on DSK4SPTVN1PROD with BILLS
332 

•HR 5 IH

1 education funds to charter schools or regulates the activi2 ties of charter schools. 

3 ‘‘SEC. 3108. RECORDS TRANSFER. 

4 ‘‘State educational agencies and local educational 

5 agencies, as quickly as possible and to the extent prac6 ticable, shall ensure that a student’s records and, if appli7 cable, a student’s individualized education program as de8 fined in section 602(14) of the Individuals with Disabil9 ities Education Act, are transferred to a charter school 

10 upon the transfer of the student to the charter school, and 

11 to another public school upon the transfer of the student 

12 from a charter school to another public school, in accord13 ance with applicable State law. 

14 ‘‘SEC. 3109. PAPERWORK REDUCTION. 

15 ‘‘To the extent practicable, the Secretary and each 

16 authorized public chartering agency shall ensure that im17 plementation of this subpart results in a minimum of pa18 perwork for any eligible applicant or charter school. 

19 ‘‘SEC. 3110. DEFINITIONS. 

20 ‘‘In this subpart: 

21 ‘‘(1) DEVELOPER.—The term ‘developer’ means 

22 an individual or group of individuals (including a 

23 public or private nonprofit organization), which may 

24 include teachers, administrators and other school 

25 staff, parents, or other members of the local commuVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
333 

•HR 5 IH

1 nity in which a charter school project will be carried 

2 out. 

3 ‘‘(2) ELIGIBLE APPLICANT.—The term ‘eligible 

4 applicant’ means a developer that has— 

5 ‘‘(A) applied to an authorized public char6 tering authority to operate a charter school; 

7 and 

8 ‘‘(B) provided adequate and timely notice 

9 to that authority. 

10 ‘‘(3) AUTHORIZED PUBLIC CHARTERING AGEN11 CY.—The term ‘authorized public chartering agency’ 

12 means a State educational agency, local educational 

13 agency, or other public entity that has the authority 

14 pursuant to State law and approved by the Sec15 retary to authorize or approve a charter school. 

16 ‘‘(4) EXPANSION OF A HIGH-QUALITY CHARTER

17 SCHOOL.—The term ‘expansion of a high-quality 

18 charter school’ means to significantly increase the 

19 enrollment of, or add one or more grades to, a high20 quality charter school. 

21 ‘‘(5) HIGH-QUALITY CHARTER SCHOOL.—The 

22 term ‘high-quality charter school’ means a charter 

23 school that— 


rfrederick on DSK4SPTVN1PROD with BILLS
334 

•HR 5 IH

1 ‘‘(A) shows evidence of strong academic re2 sults, which may include strong academic 

3 growth as determined by a State; 

4 ‘‘(B) has no significant issues in the areas 

5 of student safety, financial management, or 

6 statutory or regulatory compliance; 

7 ‘‘(C) has demonstrated success in signifi8 cantly increasing student academic achievement 

9 and attainment for all students served by the 

10 charter school; and 

11 ‘‘(D) has demonstrated success in increas12 ing student academic achievement for the 

13 groups of students described in section 

14 1111(b)(3)(B)(ii)(II), except that such dem15 onstration is not required in a case in which the 

16 number of students in a group is insufficient to 

17 yield statistically reliable information or the re18 sults would reveal personally identifiable infor19 mation about an individual student. 

20 ‘‘(6) REPLICABLE, HIGH-QUALITY CHARTER

21 SCHOOL MODEL.—The term ‘replicable, high-quality 

22 charter school model’ means a high-quality charter 

23 school that has the capability of opening another 

24 such charter school under an existing charter. 


rfrederick on DSK4SPTVN1PROD with BILLS
335 

•HR 5 IH

1 ‘‘Subpart 2—Magnet School Assistance 

2 ‘‘SEC. 3121. PURPOSE. 

3 ‘‘The purpose of this subpart is to assist in the deseg4 regation of schools served by local educational agencies by 

5 providing financial assistance to eligible local educational 

6 agencies for— 

7 ‘‘(1) the elimination, reduction, or prevention of 

8 minority group isolation in elementary schools and 

9 secondary schools with substantial proportions of mi10 nority students, which shall include assisting in the 

11 efforts of the United States to achieve voluntary de12 segregation in public schools; 

13 ‘‘(2) the development and implementation of 

14 magnet school programs that will assist local edu15 cational agencies in achieving systemic reforms and 

16 providing all students the opportunity to meet State 

17 academic standards; 

18 ‘‘(3) the development and design of innovative 

19 educational methods and practices that promote di20 versity and increase choices in public elementary 

21 schools and public secondary schools and public edu22 cational programs; 

23 ‘‘(4) courses of instruction within magnet 

24 schools that will substantially strengthen the knowl25 edge of academic subjects and the attainment of tanVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
336 

•HR 5 IH

1 gible and marketable career, technical, and profes2 sional skills of students attending such schools; 

3 ‘‘(5) improving the ability of local educational 

4 agencies, including through professional develop5 ment, to continue operating magnet schools at a 

6 high performance level after Federal funding for the 

7 magnet schools is terminated; and 

8 ‘‘(6) ensuring that students enrolled in the 

9 magnet school programs have equitable access to a 

10 quality education that will enable the students to 

11 succeed academically and continue with postsec12 ondary education or employment. 

13 ‘‘SEC. 3122. DEFINITION. 

14 ‘‘For the purpose of this subpart, the term ‘magnet 

15 school’ means a public elementary school, public secondary 

16 school, public elementary education center, or public sec17 ondary education center that offers a special curriculum 

18 capable of attracting substantial numbers of students of 

19 different racial backgrounds. 

20 ‘‘SEC. 3123. PROGRAM AUTHORIZED. 

21 ‘‘From the amount appropriated under section 

22 3(c)(1)(B), the Secretary, in accordance with this subpart, 

23 is authorized to award grants to eligible local educational 

24 agencies, and consortia of such agencies where approVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
337 

•HR 5 IH

1 priate, to carry out the purpose of this subpart for magnet 

2 schools that are— 

3 ‘‘(1) part of an approved desegregation plan; 

4 and 

5 ‘‘(2) designed to bring students from different 

6 social, economic, ethnic, and racial backgrounds to7 gether. 

8 ‘‘SEC. 3124. ELIGIBILITY. 

9 ‘‘A local educational agency, or consortium of such 

10 agencies where appropriate, is eligible to receive a grant 

11 under this subpart to carry out the purpose of this subpart 

12 if such agency or consortium— 

13 ‘‘(1) is implementing a plan undertaken pursu14 ant to a final order issued by a court of the United 

15 States, or a court of any State, or any other State 

16 agency or official of competent jurisdiction, that re17 quires the desegregation of minority-group-seg18 regated children or faculty in the elementary schools 

19 and secondary schools of such agency; or 

20 ‘‘(2) without having been required to do so, has 

21 adopted and is implementing, or will, if a grant is 

22 awarded to such local educational agency, or consor23 tium of such agencies, under this subpart, adopt and 

24 implement a plan that has been approved by the 

25 Secretary as adequate under title VI of the Civil 


rfrederick on DSK4SPTVN1PROD with BILLS
338 

•HR 5 IH

1 Rights Act of 1964 for the desegregation of minor2 ity-group-segregated children or faculty in such 

3 schools. 

4 ‘‘SEC. 3125. APPLICATIONS AND REQUIREMENTS. 

5 ‘‘(a) APPLICATIONS.—An eligible local educational 

6 agency, or consortium of such agencies, desiring to receive 

7 a grant under this subpart shall submit an application to 

8 the Secretary at such time and in such manner as the 

9 Secretary may reasonably require. 

10 ‘‘(b) INFORMATION AND ASSURANCES.—Each appli11 cation submitted under subsection (a) shall include— 

12 ‘‘(1) a description of— 

13 ‘‘(A) how a grant awarded under this sub14 part will be used to promote desegregation, in15 cluding how the proposed magnet school pro16 grams will increase interaction among students 

17 of different social, economic, ethnic, and racial 

18 backgrounds; 

19 ‘‘(B) the manner and extent to which the 

20 magnet school program will increase student 

21 academic achievement in the instructional area 

22 or areas offered by the school; 

23 ‘‘(C) how the applicant will continue the 

24 magnet school program after assistance under 

25 this subpart is no longer available, and, if appliVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
339 

•HR 5 IH

1 cable, an explanation of why magnet schools es2 tablished or supported by the applicant with 

3 grant funds under this subpart cannot be con4 tinued without the use of grant funds under 

5 this subpart; 

6 ‘‘(D) how grant funds under this subpart 

7 will be used— 

8 ‘‘(i) to improve student academic 

9 achievement for all students attending the 

10 magnet school programs; and 

11 ‘‘(ii) to implement services and activi12 ties that are consistent with other pro13 grams under this Act, and other Acts, as 

14 appropriate; and 

15 ‘‘(E) the criteria to be used in selecting 

16 students to attend the proposed magnet school 

17 program; and 

18 ‘‘(2) assurances that the applicant will— 

19 ‘‘(A) use grant funds under this subpart 

20 for the purposes specified in section 3121; 

21 ‘‘(B) employ effective teachers in the 

22 courses of instruction assisted under this sub23 part; 


rfrederick on DSK4SPTVN1PROD with BILLS
340 

•HR 5 IH

1 ‘‘(C) not engage in discrimination based on 

2 race, religion, color, national origin, sex, or dis3 ability in— 

4 ‘‘(i) the hiring, promotion, or assign5 ment of employees of the applicant or 

6 other personnel for whom the applicant has 

7 any administrative responsibility; 

8 ‘‘(ii) the assignment of students to 

9 schools, or to courses of instruction within 

10 the schools, of such applicant, except to 

11 carry out the approved plan; and 

12 ‘‘(iii) designing or operating extra13 curricular activities for students; 

14 ‘‘(D) carry out a quality education pro15 gram that will encourage greater parental deci16 sionmaking and involvement; and 

17 ‘‘(E) give students residing in the local at18 tendance area of the proposed magnet school 

19 program equitable consideration for placement 

20 in the program, consistent with desegregation 

21 guidelines and the capacity of the applicant to 

22 accommodate the students. 

23 ‘‘(c) SPECIAL RULE.—No grant shall be awarded 

24 under this subpart unless the Assistant Secretary of EduVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
341 

•HR 5 IH

1 cation for Civil Rights determines that the assurances de2 scribed in subsection (b)(2)(C) will be met. 

3 ‘‘SEC. 3126. PRIORITY. 

4 ‘‘In awarding grants under this subpart, the Sec5 retary shall give priority to applicants that— 

6 ‘‘(1) demonstrate the greatest need for assist7 ance, based on the expense or difficulty of effectively 

8 carrying out approved desegregation plans and the 

9 magnet school program for which the grant is 

10 sought; 

11 ‘‘(2) propose to carry out new magnet school 

12 programs, or significantly revise existing magnet 

13 school programs; 

14 ‘‘(3) propose to select students to attend mag15 net school programs by methods such as lottery, 

16 rather than through academic examination; and 

17 ‘‘(4) propose to serve the entire student popu18 lation of a school. 

19 ‘‘SEC. 3127. USE OF FUNDS. 

20 ‘‘(a) IN GENERAL.—Grant funds made available 

21 under this subpart may be used by an eligible local edu22 cational agency, or consortium of such agencies— 

23 ‘‘(1) for planning and promotional activities di24 rectly related to the development, expansion, conVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
342 

•HR 5 IH

1 tinuation, or enhancement of academic programs 

2 and services offered at magnet schools; 

3 ‘‘(2) for the acquisition of books, materials, and 

4 equipment, including computers and the mainte5 nance and operation of materials, equipment, and 

6 computers, necessary to conduct programs in mag7 net schools; 

8 ‘‘(3) for the compensation, or subsidization of 

9 the compensation, of elementary school and sec10 ondary school teachers, and instructional staff where 

11 applicable, who are necessary to conduct programs 

12 in magnet schools; 

13 ‘‘(4) with respect to a magnet school program 

14 offered to less than the entire student population of 

15 a school, for instructional activities that— 

16 ‘‘(A) are designed to make available the 

17 special curriculum that is offered by the magnet 

18 school program to students who are enrolled in 

19 the school but who are not enrolled in the mag20 net school program; and 

21 ‘‘(B) further the purpose of this subpart; 

22 ‘‘(5) for activities, which may include profes23 sional development, that will build the recipient’s ca24 pacity to operate magnet school programs once the 

25 grant period has ended; 


rfrederick on DSK4SPTVN1PROD with BILLS
343 

•HR 5 IH

1 ‘‘(6) to enable the local educational agency, or 

2 consortium of such agencies, to have more flexibility 

3 in the administration of a magnet school program in 

4 order to serve students attending a school who are 

5 not enrolled in a magnet school program; and 

6 ‘‘(7) to enable the local educational agency, or 

7 consortium of such agencies, to have flexibility in de8 signing magnet schools for students in all grades. 

9 ‘‘(b) SPECIAL RULE.—Grant funds under this sub10 part may be used for activities described in paragraphs 

11 (2) and (3) of subsection (a) only if the activities are di12 rectly related to improving student academic achievement 

13 based on the State’s academic standards or directly re14 lated to improving student reading skills or knowledge of 

15 mathematics, science, history, geography, English, foreign 

16 languages, art, or music, or to improving career, technical, 

17 and professional skills. 

18 ‘‘SEC. 3128. LIMITATIONS. 

19 ‘‘(a) DURATION OF AWARDS.—A grant under this 

20 subpart shall be awarded for a period that shall not exceed 

21 3 fiscal years. 

22 ‘‘(b) LIMITATION ON PLANNING FUNDS.—A local 

23 educational agency, or consortium of such agencies, may 

24 expend for planning (professional development shall not 

25 be considered to be planning for purposes of this subVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
344 

•HR 5 IH

1 section) not more than 50 percent of the grant funds re2 ceived under this subpart for the first year of the program 

3 and not more than 15 percent of such funds for each of 

4 the second and third such years. 

5 ‘‘(c) AMOUNT.—No local educational agency, or con6 sortium of such agencies, awarded a grant under this sub7 part shall receive more than $4,000,000 under this sub8 part for any 1 fiscal year. 

9 ‘‘(d) TIMING.—To the extent practicable, the Sec10 retary shall award grants for any fiscal year under this 

11 subpart not later than July 1 of the applicable fiscal year. 

12 ‘‘SEC. 3129. EVALUATIONS. 

13 ‘‘(a) RESERVATION.—The Secretary may reserve not 

14 more than 2 percent of the funds appropriated under sec15 tion 3(c)(1)(B) for any fiscal year to carry out evaluations, 

16 provide technical assistance, and carry out dissemination 

17 projects with respect to magnet school programs assisted 

18 under this subpart. 

19 ‘‘(b) CONTENTS.—Each evaluation described in sub20 section (a), at a minimum, shall address— 

21 ‘‘(1) how and the extent to which magnet school 

22 programs lead to educational quality and academic 

23 improvement; 

24 ‘‘(2) the extent to which magnet school pro25 grams enhance student access to a quality education; 


rfrederick on DSK4SPTVN1PROD with BILLS
345 

•HR 5 IH

1 ‘‘(3) the extent to which magnet school pro2 grams lead to the elimination, reduction, or preven3 tion of minority group isolation in elementary 

4 schools and secondary schools with substantial pro5 portions of minority students; and 

6 ‘‘(4) the extent to which magnet school pro7 grams differ from other school programs in terms of 

8 the organizational characteristics and resource allo9 cations of such magnet school programs. 

10 ‘‘(c) DISSEMINATION.—The Secretary shall collect 

11 and disseminate to the general public information on suc12 cessful magnet school programs. 

13 ‘‘SEC. 3130. RESERVATION. 

14 ‘‘In any fiscal year for which the amount appro15 priated under section 3(c)(1)(B) exceeds $75,000,000, the 

16 Secretary shall give priority in using such amounts in ex17 cess of $75,000,000 to awarding grants to local edu18 cational agencies or consortia of such agencies that did 

19 not receive a grant under this subpart in the preceding 

20 fiscal year. 

21 ‘‘Subpart 3—Family Engagement in Education 

22 Programs 

23 ‘‘SEC. 3141. PURPOSES. 

24 ‘‘The purposes of this subpart are the following: 


rfrederick on DSK4SPTVN1PROD with BILLS
346 

•HR 5 IH

1 ‘‘(1) To provide financial support to organiza2 tions to provide technical assistance and training to 

3 State and local educational agencies in the imple4 mentation and enhancement of systemic and effec5 tive family engagement policies, programs, and ac6 tivities that lead to improvements in student devel7 opment and academic achievement. 

8 ‘‘(2) To assist State educational agencies, local 

9 educational agencies, community-based organiza10 tions, schools, and educators in strengthening part11 nerships among parents, teachers, school leaders, ad12 ministrators, and other school personnel in meeting 

13 the educational needs of children and fostering 

14 greater parental engagement. 

15 ‘‘(3) To support State educational agencies, 

16 local educational agencies, schools, educators, and 

17 parents in developing and strengthening the relation18 ship between parents and their children’s school in 

19 order to further the developmental progress of chil20 dren. 

21 ‘‘(4) To coordinate activities funded under this 

22 subpart with parent involvement initiatives funded 

23 under section 1118 and other provisions of this Act. 

24 ‘‘(5) To assist the Secretary, State educational 

25 agencies, and local educational agencies in the coVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
347 

•HR 5 IH

1 ordination and integration of Federal, State, and 

2 local services and programs to engage families in 

3 education. 

4 ‘‘SEC. 3142. GRANTS AUTHORIZED. 

5 ‘‘(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.— 

6 From the amount appropriated under section 3(c)(1)(C), 

7 the Secretary is authorized to award grants for each fiscal 

8 year to statewide organizations (or consortia of such orga9 nizations), to establish Statewide Family Engagement 

10 Centers that provide comprehensive training and technical 

11 assistance to State educational agencies, local educational 

12 agencies, schools identified by State educational agencies 

13 and local educational agencies, organizations that support 

14 family-school partnerships, and other organizations that 

15 carry out, or carry out directly, parent education and fam16 ily engagement in education programs. 

17 ‘‘(b) MINIMUM AWARD.—In awarding grants under 

18 this section, the Secretary shall, to the extent practicable, 

19 ensure that a grant is awarded for a Statewide Family 

20 Engagement Center in an amount not less than $500,000. 

21 ‘‘SEC. 3143. APPLICATIONS. 

22 ‘‘(a) SUBMISSIONS.—Each statewide organization, or 

23 a consortium of such organizations, that desires a grant 

24 under this subpart shall submit an application to the SecVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
348 

•HR 5 IH

1 retary at such time, in such manner, and including the 

2 information described in subsection (b). 

3 ‘‘(b) CONTENTS.—Each application submitted under 

4 subsection (a) shall include, at a minimum, the following: 

5 ‘‘(1) A description of the applicant’s approach 

6 to family engagement in education. 

7 ‘‘(2) A description of the support that the 

8 Statewide Family Engagement Center that will be 

9 operated by the applicant will have from the State 

10 educational agency and any partner organization 

11 outlining the commitment to work with the center. 

12 ‘‘(3) A description of the applicant’s plan for 

13 building a statewide infrastructure for family en14 gagement in education, that includes— 

15 ‘‘(A) management and governance; 

16 ‘‘(B) statewide leadership; or 

17 ‘‘(C) systemic services for family engage18 ment in education. 

19 ‘‘(4) A description of the applicant’s dem20 onstrated experience in providing training, informa21 tion, and support to State educational agencies, local 

22 educational agencies, schools, educators, parents, 

23 and organizations on family engagement in edu24 cation policies and practices that are effective for 

25 parents (including low-income parents) and families, 


rfrederick on DSK4SPTVN1PROD with BILLS
349 

•HR 5 IH

1 English learners, minorities, parents of students 

2 with disabilities, parents of homeless students, foster 

3 parents and students, and parents of migratory stu4 dents, including evaluation results, reporting, or 

5 other data exhibiting such demonstrated experience. 

6 ‘‘(5) An assurance that the applicant will— 

7 ‘‘(A) establish a special advisory com8 mittee, the membership of which includes— 

9 ‘‘(i) parents, who shall constitute a 

10 majority of the members of the special ad11 visory committee; 

12 ‘‘(ii) representatives of education pro13 fessionals with expertise in improving serv14 ices for disadvantaged children; 

15 ‘‘(iii) representatives of local elemen16 tary schools and secondary schools, includ17 ing students; 

18 ‘‘(iv) representatives of the business 

19 community; and 

20 ‘‘(v) representatives of State edu21 cational agencies and local educational 

22 agencies; 

23 ‘‘(B) use not less than 65 percent of the 

24 funds received under this subpart in each fiscal 

25 year to serve local educational agencies, schools, 


rfrederick on DSK4SPTVN1PROD with BILLS
350 

•HR 5 IH

1 and community-based organizations that serve 

2 high concentrations of disadvantaged students, 

3 including English learners, minorities, parents 

4 of students with disabilities, parents of home5 less students, foster parents and students, and 

6 parents of migratory students; 

7 ‘‘(C) operate a Statewide Family Engage8 ment Center of sufficient size, scope, and qual9 ity to ensure that the Center is adequate to 

10 serve the State educational agency, local edu11 cational agencies, and community-based organi12 zations; 

13 ‘‘(D) ensure that the Center will retain 

14 staff with the requisite training and experience 

15 to serve parents in the State; 

16 ‘‘(E) serve urban, suburban, and rural 

17 local educational agencies and schools; 

18 ‘‘(F) work with— 

19 ‘‘(i) other Statewide Family Engage20 ment Centers assisted under this subpart; 

21 and 

22 ‘‘(ii) parent training and information 

23 centers and community parent resource 

24 centers assisted under sections 671 and 


rfrederick on DSK4SPTVN1PROD with BILLS
351 

•HR 5 IH

1 672 of the Individuals with Disabilities 

2 Education Act; 

3 ‘‘(G) use not less than 30 percent of the 

4 funds received under this subpart for each fiscal 

5 year to establish or expand technical assistance 

6 for evidence-based parent education programs; 

7 ‘‘(H) provide assistance to State edu8 cational agencies and local educational agencies 

9 and community-based organizations that sup10 port family members in supporting student aca11 demic achievement; 

12 ‘‘(I) work with State educational agencies, 

13 local educational agencies, schools, educators, 

14 and parents to determine parental needs and 

15 the best means for delivery of services to ad16 dress such needs; and 

17 ‘‘(J) conduct sufficient outreach to assist 

18 parents, including parents who the applicant 

19 may have a difficult time engaging with a 

20 school or local educational agency. 

21 ‘‘SEC. 3144. USES OF FUNDS. 

22 ‘‘(a) IN GENERAL.—Grantees shall use grant funds 

23 received under this subpart, based on the needs deter24 mined under section 3143(b)(5)(I), to provide training 

25 and technical assistance to State educational agencies, 


rfrederick on DSK4SPTVN1PROD with BILLS
352 

•HR 5 IH

1 local educational agencies, and organizations that support 

2 family-school partnerships, and activities, services, and 

3 training for local educational agencies, school leaders, edu4 cators, and parents— 

5 ‘‘(1) to assist parents in participating effectively 

6 in their children’s education and to help their chil7 dren meet State standards, such as assisting par8 ents— 

9 ‘‘(A) to engage in activities that will im10 prove student academic achievement, including 

11 understanding how they can support learning in 

12 the classroom with activities at home and in 

13 afterschool and extracurricular programs; 

14 ‘‘(B) to communicate effectively with their 

15 children, teachers, school leaders, counselors, 

16 administrators, and other school personnel; 

17 ‘‘(C) to become active participants in the 

18 development, implementation, and review of 

19 school-parent compacts, family engagement in 

20 education policies, and school planning and im21 provement; 

22 ‘‘(D) to participate in the design and pro23 vision of assistance to students who are not 

24 making academic progress; 


rfrederick on DSK4SPTVN1PROD with BILLS
353 

•HR 5 IH

1 ‘‘(E) to participate in State and local deci2 sionmaking; 

3 ‘‘(F) to train other parents; and 

4 ‘‘(G) to help the parents learn and use 

5 technology applied in their children’s education; 

6 ‘‘(2) to develop and implement, in partnership 

7 with the State educational agency, statewide family 

8 engagement in education policy and systemic initia9 tives that will provide for a continuum of services to 

10 remove barriers for family engagement in education 

11 and support school reform efforts; and 

12 ‘‘(3) to develop and implement parental involve13 ment policies under this Act. 

14 ‘‘(b) MATCHING FUNDS FOR GRANT RENEWAL.— 

15 For each fiscal year after the first fiscal year for which 

16 an organization or consortium receives assistance under 

17 this section, the organization or consortium shall dem18 onstrate in the application that a portion of the services 

19 provided by the organization or consortium is supported 

20 through non-Federal contributions, which may be in cash 

21 or in-kind. 

22 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 

23 reserve not more than 2 percent of the funds appropriated 

24 under section 3(c)(1)(C) to carry out this subpart to pro25 vide technical assistance, by competitive grant or contract, 


rfrederick on DSK4SPTVN1PROD with BILLS
354 

•HR 5 IH

1 for the establishment, development, and coordination of 

2 Statewide Family Engagement Centers. 

3 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to prohibit a Statewide Family En5 gagement Center from— 

6 ‘‘(1) having its employees or agents meet with 

7 a parent at a site that is not on school grounds; or 

8 ‘‘(2) working with another agency that serves 

9 children. 

10 ‘‘(e) PARENTAL RIGHTS.—Notwithstanding any 

11 other provision of this section— 

12 ‘‘(1) no person (including a parent who edu13 cates a child at home, a public school parent, or a 

14 private school parent) shall be required to partici15 pate in any program of parent education or develop16 mental screening under this section; and 

17 ‘‘(2) no program or center assisted under this 

18 section shall take any action that infringes in any 

19 manner on the right of a parent to direct the edu20 cation of their children. 

21 ‘‘SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 

22 ‘‘The Secretary of the Interior, in consultation with 

23 the Secretary of Education, shall establish, or enter into 

24 contracts and cooperative agreements with local Indian 


rfrederick on DSK4SPTVN1PROD with BILLS
355 

•HR 5 IH

1 nonprofit parent organizations to establish and operate 

2 Family Engagement Centers. 

3 ‘‘PART B—LOCAL ACADEMIC FLEXIBLE GRANT 

4 ‘‘SEC. 3201. PURPOSE. 

5 ‘‘The purpose of this part is to— 

6 ‘‘(1) provide local educational agencies with the 

7 opportunity to access funds to support the initiatives 

8 important to their schools and students to improve 

9 academic achievement, including protecting student 

10 safety; and 

11 ‘‘(2) provide nonprofit and for-profit entities 

12 the opportunity to work with students to improve 

13 academic achievement, including student safety. 

14 ‘‘SEC. 3202. ALLOTMENTS TO STATES. 

15 ‘‘(a) RESERVATIONS.—From the funds appropriated 

16 under section 3(c)(2) for any fiscal year, the Secretary 

17 shall reserve— 

18 ‘‘(1) not more than one-half of 1 percent for 

19 national activities to provide technical assistance to 

20 eligible entities in carrying out programs under this 

21 part; and 

22 ‘‘(2) not more than one-half of 1 percent for 

23 payments to the outlying areas and the Bureau of 

24 Indian Education, to be allotted in accordance with 

25 their respective needs for assistance under this part, 


rfrederick on DSK4SPTVN1PROD with BILLS
356 

•HR 5 IH

1 as determined by the Secretary, to enable the out2 lying areas and the Bureau to carry out the purpose 

3 of this part. 

4 ‘‘(b) STATE ALLOTMENTS.— 

5 ‘‘(1) DETERMINATION.—From the funds appro6 priated under section 3(c)(2) for any fiscal year and 

7 remaining after the Secretary makes reservations 

8 under subsection (a), the Secretary shall allot to 

9 each State for the fiscal year an amount that bears 

10 the same relationship to the remainder as the 

11 amount the State received under chapter B of sub12 part 1 of part A of title I for the preceding fiscal 

13 year bears to the amount all States received under 

14 that chapter for the preceding fiscal year, except 

15 that no State shall receive less than an amount 

16 equal to one-half of 1 percent of the total amount 

17 made available to all States under this subsection. 

18 ‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a 

19 State does not receive an allotment under this part 

20 for a fiscal year, the Secretary shall reallot the 

21 amount of the State’s allotment to the remaining 

22 States in accordance with this section. 

23 ‘‘(c) STATE USE OF FUNDS.— 

24 ‘‘(1) IN GENERAL.—Each State that receives an 

25 allotment under this part shall reserve not less than 


rfrederick on DSK4SPTVN1PROD with BILLS
357 

•HR 5 IH

1 75 percent of the amount allotted to the State under 

2 subsection (b) for each fiscal year for awards to eli3 gible entities under section 3204. 

4 ‘‘(2) AWARDS TO NONGOVERNMENTAL ENTI5 TIES TO IMPROVE STUDENT ACADEMIC ACHIEVE6 MENT.—Each State that receives an allotment under 

7 subsection (b) for each fiscal year shall reserve not 

8 less than 10 percent of the amount allotted to the 

9 State for awards to nongovernmental entities under 

10 section 3205. 

11 ‘‘(3) STATE ACTIVITIES AND STATE ADMINIS12 TRATION.—A State educational agency may reserve 

13 not more than 15 percent of the amount allotted to 

14 the State under subsection (b) for each fiscal year 

15 for the following: 

16 ‘‘(A) Enabling the State educational agen17 cy— 

18 ‘‘(i) to pay the costs of developing the 

19 State assessments and standards required 

20 under section 1111(b), which may include 

21 the costs of working, at the sole discretion 

22 of the State, in voluntary partnerships 

23 with other States to develop such assess24 ments and standards; or 


rfrederick on DSK4SPTVN1PROD with BILLS
358 

•HR 5 IH

1 ‘‘(ii) if the State has developed the as2 sessments and standards required under 

3 section 1111(b), to administer those as4 sessments or carry out other activities re5 lated to ensuring that the State’s schools 

6 and local educational agencies are helping 

7 students meet the State’s academic stand8 ards under such section. 

9 ‘‘(B) The administrative costs of carrying 

10 out its responsibilities under this part, except 

11 that not more than 5 percent of the reserved 

12 amount may be used for this purpose. 

13 ‘‘(C) Monitoring and evaluation of pro14 grams and activities assisted under this part. 

15 ‘‘(D) Providing training and technical as16 sistance under this part. 

17 ‘‘(E) Statewide academic focused pro18 grams. 

19 ‘‘(F) Sharing evidence-based and other ef20 fective strategies with eligible entities. 

21 ‘‘SEC. 3203. STATE APPLICATION. 

22 ‘‘(a) IN GENERAL.—In order to receive an allotment 

23 under section 3202 for any fiscal year, a State shall sub24 mit to the Secretary, at such time as the Secretary may 

25 require, an application that— 


rfrederick on DSK4SPTVN1PROD with BILLS
359 

•HR 5 IH

1 ‘‘(1) designates the State educational agency as 

2 the agency responsible for the administration and 

3 supervision of programs assisted under this part; 

4 ‘‘(2) describes how the State educational agency 

5 will use funds reserved for State-level activities, in6 cluding how, if any, of the funds will be used to sup7 port student safety; 

8 ‘‘(3) describes the procedures and criteria the 

9 State educational agency will use for reviewing appli10 cations and awarding funds to eligible entities on a 

11 competitive basis, which shall include reviewing how 

12 the proposed project will help increase student aca13 demic achievement; 

14 ‘‘(4) describes how the State educational agency 

15 will ensure that awards made under this part are— 

16 ‘‘(A) of sufficient size and scope to support 

17 high-quality, effective programs that are con18 sistent with the purpose of this part; and 

19 ‘‘(B) in amounts that are consistent with 

20 section 3204(f); 

21 ‘‘(5) describes the steps the State educational 

22 agency will take to ensure that programs implement 

23 effective strategies, including providing ongoing 

24 technical assistance and training, and dissemination 

25 of evidence-based and other effective strategies; 


rfrederick on DSK4SPTVN1PROD with BILLS
360 

•HR 5 IH

1 ‘‘(6) describes how the State educational agency 

2 will consider students across all grades when making 

3 these awards; 

4 ‘‘(7) an assurance that, other than providing 

5 technical and advisory assistance and monitoring 

6 compliance with this part, the State educational 

7 agency has not exercised and will not exercise any 

8 influence in the decisionmaking process of eligible 

9 entities as to the expenditure of funds received by 

10 the eligible entities under this part; 

11 ‘‘(8) describes how programs under this part 

12 will be coordinated with programs under this Act, 

13 and other programs as appropriate; 

14 ‘‘(9) contains an assurance that the State edu15 cational agency— 

16 ‘‘(A) will make awards for programs for a 

17 period of not more than 5 years; and 

18 ‘‘(B) will require each eligible entity seek19 ing such an award to submit a plan describing 

20 how the project to be funded through the award 

21 will continue after funding under this part 

22 ends, if applicable; and 

23 ‘‘(10) contains an assurance that funds appro24 priated to carry out this part will be used to supple25 ment, and not supplant, State and local public funds 


rfrederick on DSK4SPTVN1PROD with BILLS
361 

•HR 5 IH

1 expended to provide programs and activities author2 ized under this part and other similar programs. 

3 ‘‘(b) DEEMED APPROVAL.—An application submitted 

4 by a State educational agency pursuant to subsection (a) 

5 shall be deemed to be approved by the Secretary unless 

6 the Secretary makes a written determination, prior to the 

7 expiration of the 120-day period beginning on the date on 

8 which the Secretary received the application, that the ap9 plication is not in compliance with this part. 

10 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally 

11 disapprove the application, except after giving the State 

12 educational agency notice and an opportunity for a hear13 ing. 

14 ‘‘(d) NOTIFICATION.—If the Secretary finds that the 

15 application is not in compliance, in whole or in part, with 

16 this part, the Secretary shall— 

17 ‘‘(1) give the State educational agency notice 

18 and an opportunity for a hearing; and 

19 ‘‘(2) notify the State educational agency of the 

20 finding of noncompliance, and, in such notification, 

21 shall— 

22 ‘‘(A) cite the specific provisions in the ap23 plication that are not in compliance; and 


rfrederick on DSK4SPTVN1PROD with BILLS
362 

•HR 5 IH

1 ‘‘(B) request additional information, only 

2 as to the noncompliant provisions, needed to 

3 make the application compliant. 

4 ‘‘(e) RESPONSE.—If the State educational agency re5 sponds to the Secretary’s notification described in sub6 section (d)(2) during the 45-day period beginning on the 

7 date on which the agency received the notification, and 

8 resubmits the application with the requested information 

9 described in subsection (d)(2)(B), the Secretary shall ap10 prove or disapprove such application prior to the later of— 

11 ‘‘(1) the expiration of the 45-day period begin12 ning on the date on which the application is resub13 mitted; or 

14 ‘‘(2) the expiration of the 120-day period de15 scribed in subsection (b). 

16 ‘‘(f) FAILURE TO RESPOND.—If the State edu17 cational agency does not respond to the Secretary’s notifi18 cation described in subsection (d)(2) during the 45-day pe19 riod beginning on the date on which the agency received 

20 the notification, such application shall be deemed to be 

21 disapproved. 

22 ‘‘(g) RULE OF CONSTRUCTION.—An application sub23 mitted by a State educational agency pursuant to sub24 section (a) shall not be approved or disapproved based 

25 upon the activities for which the agency may make funds 


rfrederick on DSK4SPTVN1PROD with BILLS
363 

•HR 5 IH

1 available to eligible entities under section 3204 if the agen2 cy’s use of funds is consistent with section 3204(b). 

3 ‘‘SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM. 

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

5 under this part for a fiscal year shall provide the amount 

6 made available under section 3202(c)(1) to eligible entities 

7 in accordance with this section. 

8 ‘‘(b) USE OF FUNDS.— 

9 ‘‘(1) IN GENERAL.—An eligible entity that re10 ceives an award under this part shall use the funds 

11 for activities that— 

12 ‘‘(A) are evidence-based; 

13 ‘‘(B) will improve student academic 

14 achievement; 

15 ‘‘(C) are allowable under State law; and 

16 ‘‘(D) focus on one or more projects from 

17 the following two categories: 

18 ‘‘(i) Supplemental student support ac19 tivities such as before, after, or summer 

20 school activities, tutoring, and expanded 

21 learning time, but not including athletics 

22 or in-school learning activities. 

23 ‘‘(ii) Activities designed to support 

24 students, such as academic subject specific 

25 programs, adjunct teacher programs, exVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
364 

•HR 5 IH

1 tended learning time programs, and parent 

2 engagement, but not including activities 

3 to— 

4 ‘‘(I) support smaller class sizes 

5 or construction; or 

6 ‘‘(II) provide compensation or 

7 benefits to teachers, school leaders, 

8 other school officials, or local edu9 cational agency staff. 

10 ‘‘(2) PARTICIPATION OF CHILDREN ENROLLED

11 IN PRIVATE SCHOOLS.—An eligible entity that re12 ceives an award under this part shall ensure compli13 ance with section 5501 (relating to participation of 

14 children enrolled in private schools). 

15 ‘‘(c) APPLICATION.— 

16 ‘‘(1) IN GENERAL.—To be eligible to receive an 

17 award under this part, an eligible entity shall submit 

18 an application to the State educational agency at 

19 such time, in such manner, and including such infor20 mation as the State educational agency may reason21 ably require, including the contents required by 

22 paragraph (2). 

23 ‘‘(2) CONTENTS.—Each application submitted 

24 under paragraph (1) shall include— 


rfrederick on DSK4SPTVN1PROD with BILLS
365 

•HR 5 IH

1 ‘‘(A) a description of the activities to be 

2 funded and how they are consistent with sub3 section (b); 

4 ‘‘(B) an assurance that funds under this 

5 part will be used to increase the level of State, 

6 local, and other non-Federal funds that would, 

7 in the absence of funds under this part, be 

8 made available for programs and activities au9 thorized under this part, and in no case sup10 plant State, local, or non-Federal funds; 

11 ‘‘(C) an assurance that the community will 

12 be given notice of an intent to submit an appli13 cation with an opportunity for comment, and 

14 that the application will be available for public 

15 review after submission of the application; and 

16 ‘‘(D) an assurance that students who ben17 efit from any activity funded under this part 

18 shall continue to maintain enrollment in a pub19 lic elementary or secondary school, until grad20 uation or transfer to another school. 

21 ‘‘(d) REVIEW.—In reviewing local applications under 

22 this section, a State educational agency shall use a peer 

23 review process or other methods of assuring the quality 

24 of such applications but the review shall be limited to the 


rfrederick on DSK4SPTVN1PROD with BILLS
366 

•HR 5 IH

1 likelihood that the project will increase student academic 

2 achievement. 

3 ‘‘(e) GEOGRAPHIC DIVERSITY.—A State educational 

4 agency shall distribute funds under this part equitably 

5 among geographic areas within the State, including rural, 

6 suburban, and urban communities. 

7 ‘‘(f) AWARD.—A grant shall be awarded to all eligible 

8 entities that submit an application that meets the require9 ments of this section in an amount that is not less than 

10 $10,000, but there shall be only one award granted to any 

11 one local educational agency, but such award may be for 

12 multiple projects or programs with the local educational 

13 agency. 

14 ‘‘(g) DURATION OF AWARDS.—Grants under this 

15 part may be awarded for a period of not more than 5 

16 years. 

17 ‘‘(h) ELIGIBLE ENTITY DEFINED.—In this section, 

18 the term ‘eligible entity’ means— 

19 ‘‘(1) a local educational agency in partnership 

20 with a community-based organization, business enti21 ty, or nongovernmental entity; 

22 ‘‘(2) a consortium of local educational agencies 

23 working in partnership with a community-based or24 ganization, business entity, or nongovernmental enti25 ty; 


rfrederick on DSK4SPTVN1PROD with BILLS
367 

•HR 5 IH

1 ‘‘(3) a community-based organization in part2 nership with a local educational agency and, if appli3 cable, a business entity or nongovernmental entity; 

4 or 

5 ‘‘(4) a business entity in partnership with a 

6 local educational agency and, if applicable, a commu7 nity-based organization or nongovernmental entity. 

8 ‘‘SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO 

9 IMPROVE ACADEMIC ACHIEVEMENT. 

10 ‘‘(a) IN GENERAL.—From the amount reserved 

11 under section 3202(c)(2), a State educational agency shall 

12 award grants to nongovernmental entities, including pub13 lic or private organizations, community-based or faith14 based organizations, and business entities for a program 

15 or project to increase the academic achievement of public 

16 school students attending public elementary or secondary 

17 schools (or both) in compliance with the requirements in 

18 this section. Subject to the availability of funds, the State 

19 educational agency shall award a grant to each eligible ap20 plicant that meets the requirements in a sufficient size and 

21 scope to support the program. 

22 ‘‘(b) APPLICATION.—The State educational agency 

23 shall require an application that includes the following in24 formation: 


rfrederick on DSK4SPTVN1PROD with BILLS
368 

•HR 5 IH

1 ‘‘(1) A description of the program or project 

2 the applicant will use the funds to support. 

3 ‘‘(2) A description of how the applicant is using 

4 or will use other State, local, or private funding to 

5 support the program or project. 

6 ‘‘(3) A description of how the program or 

7 project will help increase student academic achieve8 ment, including the evidence to support this claim. 

9 ‘‘(4) A description of the student population the 

10 program or project is targeting to impact, and if the 

11 program will prioritize students in high-need local 

12 educational agencies. 

13 ‘‘(5) A description of how the applicant will 

14 conduct sufficient outreach to ensure students can 

15 participate in the program or project. 

16 ‘‘(6) A description of any partnerships the ap17 plicant has entered into with local educational agen18 cies or other entities the applicant will work with, if 

19 applicable. 

20 ‘‘(7) A description of how the applicant will 

21 work to share evidence-based and other effective 

22 strategies from the program or project with local 

23 educational agencies and other entities working with 

24 students to increase academic achievement. 


rfrederick on DSK4SPTVN1PROD with BILLS
369 

•HR 5 IH

1 ‘‘(8) An assurance that students who benefit 

2 from any program or project funded under this sec3 tion shall continue to maintain enrollment in a pub4 lic elementary or secondary school, until graduation 

5 or transfer to another school. 

6 ‘‘(c) MATCHING CONTRIBUTION.—An eligible appli7 cant receiving a grant under this section shall provide, ei8 ther directly or through private contributions, non-Federal 

9 matching funds equal to not less than 50 percent of the 

10 amount of the grant. 

11 ‘‘(d) REVIEW.—The State educational agency shall 

12 review the application to ensure that— 

13 ‘‘(1) the applicant is an eligible applicant; 

14 ‘‘(2) the application clearly describes the re15 quired elements in subsection (b); 

16 ‘‘(3) the entity meets the matching requirement 

17 described in subsection (c); and 

18 ‘‘(4) the program is allowable and complies with 

19 Federal, State, and local laws. 

20 ‘‘(e) DISTRIBUTION OF FUNDS.—If the application 

21 requests exceed the funds available, the State educational 

22 agency shall prioritize projects that support students in 

23 high-need local educational agencies and ensure geo24 graphic diversity, including serving rural, suburban, and 

25 urban areas. 


rfrederick on DSK4SPTVN1PROD with BILLS
370 

•HR 5 IH

1 ‘‘(f) ADMINISTRATIVE COSTS.—Not more than 1 per2 cent of a grant awarded under this section may be used 

3 for administrative costs. 

4 ‘‘SEC. 3206. REPORT. 

5 ‘‘Each recipient of a grant under section 3204 or 

6 3205 shall report to the State educational agency on— 

7 ‘‘(1) the success of the program in reaching the 

8 goals of the program; 

9 ‘‘(2) a description of the students served by the 

10 program and how the students’ academic achieve11 ment improved; and 

12 ‘‘(3) the results of any evaluation conducted on 

13 the success of the program.’’. 

14 TITLE IV—IMPACT AID 

15 SEC. 401. PURPOSE. 

16 Section 8001 (20 U.S.C. 7701) is amended by strik17 ing ‘‘challenging State standards’’ and inserting ‘‘State 

18 academic standards’’. 

19 SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION 

20 OF REAL PROPERTY. 

21 Section 8002 (20 U.S.C. 7702) is amended— 

22 (1) in subsection (b)(1)(B), by striking ‘‘section 

23 8014(a)’’ and inserting ‘‘section 3(d)(1)’’; and 

24 (2) by amending subsection (f) to read as fol25 lows: 


rfrederick on DSK4SPTVN1PROD with BILLS
371 

•HR 5 IH

1 ‘‘(f) SPECIAL RULE.—Beginning with fiscal year 

2 2014, a local educational agency shall be deemed to meet 

3 the requirements of subsection (a)(1)(C) if records to de4 termine eligibility under such subsection were destroyed 

5 prior to fiscal year 2000 and the agency received funds 

6 under subsection (b) in the previous year.’’; 

7 (3) by amending subsection (g) to read as fol8 lows: 

9 ‘‘(g) FORMER DISTRICTS.— 

10 ‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 

11 and each succeeding fiscal year, if a local edu12 cational agency described in paragraph (2) is formed 

13 at any time after 1938 by the consolidation of two 

14 or more former school districts, the local educational 

15 agency may elect to have the Secretary determine its 

16 eligibility and any amount for which the local edu17 cational agency is eligible under this section for such 

18 fiscal year on the basis of one or more of those 

19 former districts, as designated by the local edu20 cational agency. 

21 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN22 CIES.—A local educational agency described in this 

23 paragraph is— 

24 ‘‘(A) any local educational agency that, for 

25 fiscal year 1994 or any preceding fiscal year, 


rfrederick on DSK4SPTVN1PROD with BILLS
372 

•HR 5 IH

1 applied for, and was determined to be eligible 

2 under section 2(c) of the Act of September 20, 

3 1950 (Public Law 874, 81st Congress) as that 

4 section was in effect for that fiscal year; or 

5 ‘‘(B) a local educational agency formed by 

6 the consolidation of 2 or more school districts, 

7 at least one of which was eligible for assistance 

8 under this section for the fiscal year preceding 

9 the year of the consolidation, if— 

10 ‘‘(i) for fiscal years 2006 through 

11 2013, the local educational agency notifies 

12 the Secretary not later than 30 days after 

13 the date of enactment of the Student Suc14 cess Act of the designation described in 

15 paragraph (1); and 

16 ‘‘(ii) for fiscal year 2014, and each 

17 subsequent fiscal year, the local edu18 cational agency includes the designation in 

19 its application under section 8005 or any 

20 timely amendment to such application. 

21 ‘‘(3) AVAILABILITY OF FUNDS.—Notwith22 standing any other provision of law limiting the pe23 riod during which the Secretary may obligate funds 

24 appropriated for any fiscal year after fiscal year 

25 2005, the Secretary may obligate funds remaining 


rfrederick on DSK4SPTVN1PROD with BILLS
373 

•HR 5 IH

1 after final payments have been made for any of such 

2 fiscal years to carry out this subsection.’’; 

3 (4) in subsection (h)— 

4 (A) in paragraph (2)— 

5 (i) in subparagraph (C)(ii), by strik6 ing ‘‘section 8014(a)’’ and inserting ‘‘sec7 tion 3(d)(1)’’; and 

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

9 ‘‘section 8014(a)’’ and inserting ‘‘section 

10 3(d)(1)’’; and 

11 (B) in paragraph (4), by striking ‘‘Impact 

12 Aid Improvement Act of 2012’’ and inserting 

13 ‘‘Student Success Act’’; 

14 (5) by repealing subsection (k); 

15 (6) by redesignating subsection (l) as subsection 

16 (k); 

17 (7) by amending subsection (k) (as so redesig18 nated) by striking ‘‘(h)(4)(B)’’ and inserting 

19 ‘‘(h)(2)’’; 

20 (8) by repealing subsection (m); and 

21 (9) by redesignating subsection (n) as sub22 section (j). 


rfrederick on DSK4SPTVN1PROD with BILLS
374 

•HR 5 IH

1 SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CON2 NECTED CHILDREN. 

3 (a) COMPUTATION OF PAYMENT.—Section 8003(a) 

4 (20 U.S.C. 7703(a)) is amended— 

5 (1) in the matter preceding subparagraph (A) 

6 of 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’’ 

15 and all that follows through ‘‘situated’’ and inserting 

16 ‘‘1984, or under lease of off-base property under 

17 subchapter IV of chapter 169 of title 10, United 

18 States Code, to be children described under para19 graph (1)(B) if the property described is within the 

20 fenced security perimeter of the military facility or 

21 attached to and under any type of force protection 

22 agreement with the military installation upon which 

23 such housing is situated.’’ 

24 (b) BASIC SUPPORT PAYMENTS FOR HEAVILY IM25 PACTED LOCAL EDUCATIONAL AGENCIES.—Section 

26 8003(b) (20 U.S.C. 7703(b)) is amended— 


rfrederick on DSK4SPTVN1PROD with BILLS
375 

•HR 5 IH

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 subpara4 graph (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 

10 agency that received a basic support 

11 payment under this paragraph for fis12 cal year 2009 as eligible to receive a 

13 basic support payment under this 

14 paragraph for each of fiscal years 

15 2012, 2013, and 2014; and 

16 ‘‘(II) make a payment to each 

17 such local educational agency under 

18 this paragraph for each of fiscal years 

19 2012, 2013, and 2014.’’; and 

20 (B) in subparagraph (B)— 

21 (i) by striking ‘‘CONTINUING’’ in the 

22 heading; 

23 (ii) by amending clause (i) to read as 

24 follows: 


rfrederick on DSK4SPTVN1PROD with BILLS
376 

•HR 5 IH

1 ‘‘(i) IN GENERAL.—A heavily im2 pacted local educational agency is eligible 

3 to receive a basic support payment under 

4 subparagraph (A) with respect to a num5 ber of children determined under sub6 section (a)(1) if the agency— 

7 ‘‘(I) is a local educational agen8 cy— 

9 ‘‘(aa) whose boundaries are 

10 the same as a Federal military 

11 installation or an island property 

12 designated by the Secretary of 

13 the Interior to be property that is 

14 held in trust by the Federal Gov15 ernment; and 

16 ‘‘(bb) that has no taxing au17 thority; 

18 ‘‘(II) is a local educational agen19 cy that— 

20 ‘‘(aa) has an enrollment of 

21 children described in subsection 

22 (a)(1) that constitutes a percent23 age of the total student enroll24 ment of the agency that is not 

25 less than 45 percent; 


rfrederick on DSK4SPTVN1PROD with BILLS
377 

•HR 5 IH

1 ‘‘(bb) has a per-pupil ex2 penditure that is less than— 

3 ‘‘(AA) for an agency 

4 that has a total student en5 rollment of 500 or more stu6 dents, 125 percent of the av7 erage per-pupil expenditure 

8 of the State in which the 

9 agency is located; or 

10 ‘‘(BB) for any agency 

11 that has a total student en12 rollment less than 500, 150 

13 percent of the average per14 pupil expenditure of the 

15 State in which the agency is 

16 located or the average per17 pupil expenditure of 3 or 

18 more comparable local edu19 cational agencies in the 

20 State in which the agency is 

21 located; and 

22 ‘‘(cc) is an agency that— 

23 ‘‘(AA) has a tax rate 

24 for general fund purposes 

25 that is not less than 95 perVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
378 

•HR 5 IH

1 cent of the average tax rate 

2 for general fund purposes of 

3 comparable local educational 

4 agencies in the State; or 

5 ‘‘(BB) was eligible to 

6 receive a payment under this 

7 subsection for fiscal year 

8 2013 and is located in a 

9 State that by State law has 

10 eliminated ad valorem tax as 

11 a revenue for local edu12 cational agencies; 

13 ‘‘(III) is a local educational agen14 cy that— 

15 ‘‘(aa) has an enrollment of 

16 children described in subsection 

17 (a)(1) that constitutes a percent18 age of the total student enroll19 ment of the agency that is not 

20 less than 20 percent; 

21 ‘‘(bb) for the 3 fiscal years 

22 preceding the fiscal year for 

23 which the determination is made, 

24 the average enrollment of chil25 dren who are not described in 


rfrederick on DSK4SPTVN1PROD with BILLS
379 

•HR 5 IH

1 subsection (a)(1) and who are eli2 gible for a free or reduced price 

3 lunch under the Richard B. Rus4 sell National School Lunch Act 

5 constitutes a percentage of the 

6 total student enrollment of the 

7 agency that is not less than 65 

8 percent; and 

9 ‘‘(cc) has a tax rate for gen10 eral fund purposes which is not 

11 less than 125 percent of the aver12 age tax rate for general fund 

13 purposes for comparable local 

14 educational agencies in the State; 

15 ‘‘(IV) is a local educational agen16 cy that has a total student enrollment 

17 of not less than 25,000 students, of 

18 which— 

19 ‘‘(aa) not less than 50 per20 cent are children described in 

21 subsection (a)(1); and 

22 ‘‘(bb) not less than 5,500 of 

23 such children are children de24 scribed in subparagraphs (A) and 

25 (B) of subsection (a)(1); or 


rfrederick on DSK4SPTVN1PROD with BILLS
380 

•HR 5 IH

1 ‘‘(V) is a local educational agency 

2 that— 

3 ‘‘(aa) has an enrollment of 

4 children described in subsection 

5 (a)(1) including, for purposes of 

6 determining eligibility, those chil7 dren described in subparagraphs 

8 (F) and (G) of such subsection, 

9 that is not less than 35 percent 

10 of the total student enrollment of 

11 the agency; and 

12 ‘‘(bb) was eligible to receive 

13 assistance under subparagraph 

14 (A) for fiscal year 2001.’’; and 

15 (iii) in clause (ii)— 

16 (I) by striking ‘‘A heavily’’ and 

17 inserting the following: 

18 ‘‘(I) IN GENERAL.—Subject to 

19 subclause (II), a heavily’’; and 

20 (II) by adding at the end the fol21 lowing: 

22 ‘‘(II) LOSS OF ELIGIBILITY DUE

23 TO FALLING BELOW 95 PERCENT OF

24 THE AVERAGE TAX RATE FOR GEN25 ERAL FUND PURPOSES.—In a case of 


rfrederick on DSK4SPTVN1PROD with BILLS
381 

•HR 5 IH

1 a heavily impacted local educational 

2 agency that fails to meet the require3 ments of clause (i) for a fiscal year by 

4 reason of having a tax rate for gen5 eral fund purposes that falls below 95 

6 percent of the average tax rate for 

7 general fund purposes of comparable 

8 local educational agencies in the 

9 State, subclause (I) shall be applied 

10 as if ‘and the subsequent fiscal year’ 

11 were inserted before the period at the 

12 end.’’; 

13 (C) by striking subparagraph (C); 

14 (D) by redesignating subparagraphs (D) 

15 through (H) as subparagraphs (C) through (G), 

16 respectively; 

17 (E) in subparagraph (C) (as so redesig18 nated)— 

19 (i) in the heading, by striking ‘‘REG20 ULAR’’; 

21 (ii) by striking ‘‘Except as provided in 

22 subparagraph (E)’’ and inserting ‘‘Except 

23 as provided in subparagraph (D)’’; 

24 (iii) by amending subclause (I) of 

25 clause (ii) to read as follows: 


rfrederick on DSK4SPTVN1PROD with BILLS
382 

•HR 5 IH

1 ‘‘(ii)(I)(aa) For a local educational agency 

2 with respect to which 35 percent or more of the 

3 total student enrollment of the schools of the 

4 agency are children described in subparagraph 

5 (D) or (E) (or a combination thereof) of sub6 section (a)(1), and that has an enrollment of 

7 children described in subparagraphs (A), (B), 

8 or (C) of such subsection equal to at least 10 

9 percent of the agency’s total enrollment, the 

10 Secretary shall calculate the weighted student 

11 units of those children described in subpara12 graph (D) or (E) of such subsection by multi13 plying the number of such children by a factor 

14 of 0.55. 

15 ‘‘(bb) Notwithstanding subitem (aa), a 

16 local educational agency that received a pay17 ment under this paragraph for fiscal year 2012 

18 shall not be required to have an enrollment of 

19 children described in subparagraphs (A), (B), 

20 or (C) of subsection (a)(1) equal to at least 10 

21 percent of the agency’s total enrollment.’’; and 

22 (iv) by amending subclause (III) of 

23 clause (ii) by striking ‘‘(B)(i)(II)(aa)’’ and 

24 inserting ‘‘subparagraph (B)(i)(I)’’; 


rfrederick on DSK4SPTVN1PROD with BILLS
383 

•HR 5 IH

1 (F) in subparagraph (D)(i)(II) (as so re2 designated), by striking ‘‘6,000’’ and inserting 

3 ‘‘5,500’’; 

4 (G) in subparagraph (E) (as so redesig5 nated)— 

6 (i) by striking ‘‘Secretary’’ and all 

7 that follows through ‘‘shall use’’ and in8 serting ‘‘Secretary shall use’’; 

9 (ii) by striking ‘‘; and’’ and inserting 

10 a period; and 

11 (iii) by striking clause (ii); 

12 (H) in subparagraph (F) (as so redesig13 nated), by striking ‘‘subparagraph 

14 (C)(i)(II)(bb)’’ and inserting ‘‘subparagraph 

15 (B)(i)(II)(bb)(BB)’’; and 

16 (I) in subparagraph (G) (as so redesig17 nated)— 

18 (i) in clause (i)— 

19 (I) by striking ‘‘subparagraph 

20 (B), (C), (D), or (E)’’ and inserting 

21 ‘‘subparagraph (B), (C), or (D)’’; 

22 (II) by striking ‘‘by reason of’’ 

23 and inserting ‘‘due to’’; 

24 (III) by inserting after ‘‘clause 

25 (iii)’’ the following ‘‘, or as the direct 


rfrederick on DSK4SPTVN1PROD with BILLS
384 

•HR 5 IH

1 result of base realignment and closure 

2 or modularization as determined by 

3 the Secretary of Defense and force 

4 structure change or force relocation’’; 

5 and 

6 (IV) by inserting before the pe7 riod, the following: ‘‘or during such 

8 time as activities associated with base 

9 closure and realignment, 

10 modularization, force structure 

11 change, or force relocation are ongo12 ing’’; and 

13 (ii) in clause (ii), by striking ‘‘(D) or 

14 (E)’’ each place it appears and inserting 

15 ‘‘(C) or (D)’’; 

16 (4) in paragraph (3)— 

17 (A) in subparagraph (B)— 

18 (i) by amending clause (iii) to read as 

19 follows: 

20 ‘‘(iii) In the case of a local educational 

21 agency providing a free public education to stu22 dents enrolled in kindergarten through grade 

23 12, but which enrolls students described in sub24 paragraphs (A), (B), and (D) of subsection 

25 (a)(1) only in grades 9 through 12, and which 


rfrederick on DSK4SPTVN1PROD with BILLS
385 

•HR 5 IH

1 received a final payment in fiscal year 2009 cal2 culated under this paragraph (as this para3 graph was in effect on the day before the date 

4 of enactment of the Student Success Act) for 

5 students in grades 9 through 12, the Secretary 

6 shall, in calculating the agency’s payment, con7 sider only that portion of such agency’s total 

8 enrollment of students in grades 9 through 12 

9 when calculating the percentage under clause 

10 (i)(I) and only that portion of the total current 

11 expenditures attributed to the operation of 

12 grades 9 through 12 in such agency when cal13 culating the percentage under clause (i)(II).’’; 

14 and 

15 (ii) by adding at the end the fol16 lowing: 

17 ‘‘(v) In the case of a local educational 

18 agency that is providing a program of distance 

19 education to children not residing within the ge20 ographic boundaries of the agency, the Sec21 retary shall— 

22 ‘‘(I) for purposes of the calculation 

23 under clause (i)(I), disregard such children 

24 from the total number of children in averVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
386 

•HR 5 IH

1 age daily attendance at the schools served 

2 by such agency; and 

3 ‘‘(II) for purposes of the calculation 

4 under clause (i)(II), disregard any funds 

5 received for such children from the total 

6 current expenditures for such agency.’’; 

7 (B) in subparagraph (C), by striking ‘‘sub8 paragraph (D) or (E) of paragraph (2), as the 

9 case may be’’ and inserting ‘‘paragraph 

10 (2)(D)’’; and 

11 (C) by amending subparagraph (D) to read 

12 as follows: 

13 ‘‘(D) RATABLE DISTRIBUTION.—For any 

14 fiscal year described in subparagraph (A) for 

15 which the sums available exceed the amount re16 quired to pay each local educational agency 100 

17 percent of its threshold payment, the Secretary 

18 shall distribute the excess sums to each eligible 

19 local educational agency that has not received 

20 its full amount computed under paragraph (1) 

21 or (2) (as the case may be) by multiplying— 

22 ‘‘(i) a percentage, the denominator of 

23 which is the difference between the full 

24 amount computed under paragraph (1) or 

25 (2) (as the case may be) for all local eduVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
387 

•HR 5 IH

1 cational agencies and the amount of the 

2 threshold payment (as calculated under 

3 subparagraphs (B) and (C)) of all local 

4 educational agencies, and the numerator of 

5 which is the aggregate of the excess sums, 

6 by; 

7 ‘‘(ii) the difference between the full 

8 amount computed under paragraph (1) or 

9 (2) (as the case may be) for the agency 

10 and the amount of the threshold payment 

11 as calculated under subparagraphs (B) and 

12 (C) of the agency.’’; and 

13 (D) by inserting at the end the following 

14 new subparagraphs: 

15 ‘‘(E) INSUFFICIENT PAYMENTS.—For each 

16 fiscal year described in subparagraph (A) for 

17 which the sums appropriated under section 

18 3(d)(2) are insufficient to pay each local edu19 cational agency all of the local educational 

20 agency’s threshold payment described in sub21 paragraph (D), the Secretary shall ratably re22 duce the payment to each local educational 

23 agency under this paragraph. 

24 ‘‘(F) INCREASES.—If the sums appro25 priated under section 3(d)(2) are sufficient to 


rfrederick on DSK4SPTVN1PROD with BILLS
388 

•HR 5 IH

1 increase the threshold payment above the 100 

2 percent threshold payment described in sub3 paragraph (D), then the Secretary shall in4 crease payments on the same basis as such pay5 ments were reduced, except no local educational 

6 agency may receive a payment amount greater 

7 than 100 percent of the maximum payment cal8 culated under this subsection.’’; and 

9 (5) in paragraph (4)— 

10 (A) in subparagraph (A), by striking 

11 ‘‘through (D)’’ and inserting ‘‘and (C)’’; and 

12 (B) in subparagraph (B), by striking ‘‘sub13 paragraph (D) or (E)’’ and inserting ‘‘subpara14 graph (C) or (D)’’. 

15 (c) PRIOR YEAR DATA.—Paragraph (2) of section 

16 8003(c) (20 U.S.C. 7703(c)) is amended to read as fol17 lows: 

18 ‘‘(2) EXCEPTION.—Calculation of payments for 

19 a local educational agency shall be based on data 

20 from the fiscal year for which the agency is making 

21 an application for payment if such agency— 

22 ‘‘(A) is newly established by a State, for 

23 the first year of operation of such agency only; 

24 ‘‘(B) was eligible to receive a payment 

25 under this section for the previous fiscal year 


rfrederick on DSK4SPTVN1PROD with BILLS
389 

•HR 5 IH

1 and has had an overall increase in enrollment 

2 (as determined by the Secretary in consultation 

3 with the Secretary of Defense, the Secretary of 

4 the Interior, or the heads of other Federal 

5 agencies)— 

6 ‘‘(i) of not less than 10 percent, or 

7 100 students, of children described in— 

8 ‘‘(I) subparagraph (A), (B), (C), 

9 or (D) of subsection (a)(1); or 

10 ‘‘(II) subparagraph (F) and (G) 

11 of subsection (a)(1), but only to the 

12 extent such children are civilian de13 pendents of employees of the Depart14 ment of Defense or the Department of 

15 the Interior; and 

16 ‘‘(ii) that is the direct result of closure 

17 or realignment of military installations 

18 under the base closure process or the relo19 cation of members of the Armed Forces 

20 and civilian employees of the Department 

21 of Defense as part of the force structure 

22 changes or movements of units or per23 sonnel between military installations or be24 cause of actions initiated by the Secretary 


rfrederick on DSK4SPTVN1PROD with BILLS
390 

•HR 5 IH

1 of the Interior or the head of another Fed2 eral agency; or 

3 ‘‘(C) was eligible to receive a payment 

4 under this section for the previous fiscal year 

5 and has had an increase in enrollment (as de6 termined by the Secretary)— 

7 ‘‘(i) of not less than 10 percent of 

8 children described in subsection (a)(1) or 

9 not less than 100 of such children; and 

10 ‘‘(ii) that is the direct result of the 

11 closure of a local educational agency that 

12 received a payment under subsection (b)(1) 

13 or (b)(2) in the previous fiscal year.’’. 

14 (d) CHILDREN WITH DISABILITIES.—Section 

15 8003(d)(1) (20 U.S.C. 7703(d)) is amended by striking 

16 ‘‘section 8014(c)’’ and inserting ‘‘section 3(d)(3)’’. 

17 (e) HOLD-HARMLESS.—Section 8003(e) (20 U.S.C. 

18 7703(e)) is amended— 

19 (1) by amending paragraph (1) to read as fol20 lows: 

21 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

22 the total amount the Secretary shall pay a local edu23 cational agency under subsection (b)— 

24 ‘‘(A) for fiscal year 2014, shall not be less 

25 than 90 percent of the total amount that the 


rfrederick on DSK4SPTVN1PROD with BILLS
391 

•HR 5 IH

1 local educational agency received under sub2 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

3 year 2013; 

4 ‘‘(B) for fiscal year 2015, shall not be less 

5 than 85 percent of the total amount that the 

6 local educational agency received under sub7 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

8 year 2013; and 

9 ‘‘(C) for fiscal year 2016, shall not be less 

10 than 80 percent of the total amount that the 

11 local educational agency received under sub12 section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 

13 year 2013.’’; and 

14 (2) by amending paragraph (2) to read as fol15 lows: 

16 ‘‘(2) MAXIMUM AMOUNT.—The total amount 

17 provided to a local educational agency under sub18 paragraph (A), (B), or C of paragraph (1) for a fis19 cal year shall not exceed the maximum basic support 

20 payment amount for such agency determined under 

21 paragraph (1) or (2) of subsection (b), as the case 

22 may be, for such fiscal year.’’. 

23 (f) MAINTENANCE OF EFFORT.—Section 8003 (20 

24 U.S.C. 7703) is amended by striking subsection (g). 


rfrederick on DSK4SPTVN1PROD with BILLS
392 

•HR 5 IH

1 SEC. 404. POLICIES AND PROCEDURES RELATING TO CHIL2 DREN RESIDING ON INDIAN LANDS. 

3 Section 8004(e)(9) is amended by striking ‘‘Bureau 

4 of Indian Affairs’’ and inserting ‘‘Bureau of Indian Edu5 cation’’. 

6 SEC. 405. APPLICATION FOR PAYMENTS UNDER SECTIONS 

7 8002 AND 8003. 

8 Section 8005(b) (20 U.S.C. 7705(b)) is amended in 

9 the matter preceding paragraph (1) by striking ‘‘and shall 

10 contain such information,’’. 

11 SEC. 406. CONSTRUCTION. 

12 Section 8007 (20 U.S.C. 7707) is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (1), by striking ‘‘section 

15 8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 

16 (B) in paragraph (2), by adding at the end 

17 the following: 

18 ‘‘(C) The agency is eligible under section 

19 4003(b)(2) or is receiving basic support pay20 ments under circumstances described in section 

21 4003(b)(2)(B)(ii).’’; and 

22 (C) in paragraph (3), by striking ‘‘section 

23 8014(e)’’ each place it appears and inserting 

24 ‘‘section 3(d)(4)’’; and 

25 (2) in subsection (b)— 


rfrederick on DSK4SPTVN1PROD with BILLS
393 

•HR 5 IH

1 (A) in paragraph (1), by striking ‘‘section 

2 8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 

3 (B) in paragraph (3)— 

4 (i) in subparagraph (C)(i)(I), by add5 ing at the end the following: 

6 ‘‘(cc) At least 10 percent of the 

7 property in the agency is exempt from 

8 State and local taxation under Fed9 eral law.’’; and 

10 (ii) by adding at the end the fol11 lowing: 

12 ‘‘(F) LIMITATIONS ON ELIGIBILITY RE13 QUIREMENTS.—The Secretary shall not limit 

14 eligibility— 

15 ‘‘(i) under subparagraph (C)(i)(I)(aa), 

16 to those local educational agencies in which 

17 the number of children determined under 

18 section 8003(a)(1)(C) for each such agency 

19 for the preceding school year constituted 

20 more than 40 percent of the total student 

21 enrollment in the schools of each such 

22 agency during the preceding school year; 

23 and 

24 ‘‘(ii) under subparagraph (C)(i)(I)(cc), 

25 to those local educational agencies in which 


rfrederick on DSK4SPTVN1PROD with BILLS
394 

•HR 5 IH

1 more than 10 percent of the property in 

2 each such agency is exempt from State and 

3 local taxation under Federal law.’’; 

4 (C) in paragraph (6)— 

5 (i) in the matter preceding subpara6 graph (A), by striking ‘‘in such manner, 

7 and accompanied by such information’’ 

8 and inserting ‘‘and in such manner’’; and 

9 (ii) by striking subparagraph (F); and 

10 (D) by striking paragraph (7). 

11 SEC. 407. FACILITIES. 

12 Section 8008 (20 U.S.C. 7708) is amended in sub13 section (a), by striking ‘‘section 8014(f)’’ and inserting 

14 ‘‘section 3(d)(5)’’. 

15 SEC. 408. STATE CONSIDERATION OF PAYMENTS PRO16 VIDING STATE AID. 

17 Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is 

18 amended by striking ‘‘and contain the information’’. 

19 SEC. 409. FEDERAL ADMINISTRATION. 

20 Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amend21 ed, by striking ‘‘section 8014’’ and inserting ‘‘section 

22 3(d)’’. 


rfrederick on DSK4SPTVN1PROD with BILLS
395 

•HR 5 IH

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. 


rfrederick on DSK4SPTVN1PROD with BILLS
396 

•HR 5 IH

1 SEC. 413. CONFORMING AMENDMENTS. 

2 (a) IMPACT AID IMPROVEMENT ACT OF 2012.—Sub3 section (c) of the Impact Aid Improvement Act of 2012 

4 (20 U.S.C. 6301 note) is amended— 

5 (1) by striking paragraphs (1) and (4); and 

6 (2) by redesignating paragraphs (2) and (3), as 

7 paragraphs (1) and (2), respectively. 

8 (b) TRANSFER AND REDESIGNATION.—Title VIII (20 

9 U.S.C. 7701 et seq.), as amended by this title, is redesig10 nated as title IV (20 U.S.C. 7101 et seq.), and transferred 

11 and inserted after title III (as amended by this Act). 

12 (c) TITLE IV.—The heading relating to title IV of 

13 such Act (20 U.S.C. 7101 et seq.) is amended to read as 

14 follows: 

15 ‘‘TITLE IV—IMPACT AID’’. 

16 (d) TITLE VIII REFERENCES.—The Act (20 U.S.C. 

17 6301 et seq.) is amended— 

18 (1) by redesignating sections 8001 through 

19 8005 as sections 4001 through 4005, respectively; 

20 (2) by redesignating sections 8007 through 

21 8013 as sections 4007 through 4013, respectively; 

22 (3) by striking ‘‘section 8002’’ each place it ap23 pears and inserting ‘‘section 4002’’; 

24 (4) by striking ‘‘section 8002(b)’’ each place it 

25 appears and inserting ‘‘section 4002(b)’’; 


rfrederick on DSK4SPTVN1PROD with BILLS
397 

•HR 5 IH

1 (5) by striking ‘‘section 8003’’ each place it ap2 pears and inserting ‘‘section 4003’’, respectively; 

3 (6) by striking ‘‘section 8003(a)’’ each place it 

4 appears and inserting ‘‘section 4003(a)’’; 

5 (7) by striking ‘‘section 8003(a)(1)’’ each place 

6 it appears and inserting ‘‘section 4003(a)(1)’’; 

7 (8) by striking ‘‘section 8003(a)(1)(C)’’ each 

8 place it appears and inserting ‘‘section 

9 4003(a)(1)(C)’’; 

10 (9) by striking ‘‘section 8002(a)(2)’’ each place 

11 it appears and inserting ‘‘section 4002(a)(2)’’; 

12 (10) by striking ‘‘section 8003(b)’’ each place it 

13 appears and inserting ‘‘section 4003(b)’’; 

14 (11) by striking ‘‘section 8003(b)(1)’’ each 

15 place it appears and inserting ‘‘section 4003(b)(1)’’; 

16 (12) in section 4002(b)(1)(C), by striking ‘‘sec17 tion 8003(b)(1)(C)’’ and inserting ‘‘section 

18 4003(b)(1)(C)’’; 

19 (13) in section 4002(j)(1) (as so redesignated), 

20 by striking ‘‘section 8013(5)(C)(iii)’’ and inserting 

21 ‘‘section 4013(5)(C)(iii)’’; 

22 (14) in section 4005 (as so redesignated)— 

23 (A) in the section heading, by striking 

24 ‘‘8002 AND 8003’’ and inserting ‘‘4002 AND

25 4003’’; 


rfrederick on DSK4SPTVN1PROD with BILLS
398 

•HR 5 IH

1 (B) by striking ‘‘or 8003’’ each place it ap2 pears and inserting ‘‘or 4003’’; 

3 (C) in subsection (b)(2), by striking ‘‘sec4 tion 8004’’ and inserting ‘‘section 4004’’; and 

5 (D) in subsection (d)(2), by striking ‘‘sec6 tion 8003(e)’’ and inserting ‘‘section 4003(e)’’; 

7 (15) in section 4007(a)(3)(A)(i) (as so redesig8 nated), by striking ‘‘section 8008(a)’’ and inserting 

9 ‘‘section 4008(a)’’; 

10 (16) in section 4007(a)(4) (as so redesignated), 

11 by striking ‘‘section 8013(3)’’ and inserting ‘‘section 

12 4013(3)’’; 

13 (17) in section 4009 (as so redesignated)— 

14 (A) in subsection (b)(1)— 

15 (i) by striking ‘‘or 8003(b)’’ and in16 serting ‘‘or 4003(b)’’; 

17 (ii) by striking ‘‘section 

18 8003(a)(2)(B)’’ and inserting ‘‘section 

19 4003(a)(2)(B)’’; and 

20 (iii) by striking ‘‘section 8003(b)(2)’’ 

21 and inserting ‘‘section 4003(b)(2)’’; and 

22 (B) by striking ‘‘section 8011(a)’’ each 

23 place it appears and inserting ‘‘section 

24 4011(a)’’; and 


rfrederick on DSK4SPTVN1PROD with BILLS
399 

•HR 5 IH

1 (18) in section 4010(c)(2)(D) (as so redesig2 nated) by striking ‘‘section 8009(b)’’ and inserting 

3 ‘‘section 4009(b)’’. 

4 TITLE V—GENERAL PROVISIONS 

5 FOR THE ACT 

6 SEC. 501. GENERAL PROVISIONS FOR THE ACT. 

7 (a) AMENDING TITLE V.—Title V (20 U.S.C. 7201 

8 et seq.) is amended to read as follows: 

9 ‘‘TITLE V—GENERAL PROVISIONS 

10 ‘‘PART A—DEFINITIONS

11 ‘‘SEC. 5101. DEFINITIONS. 

12 ‘‘Except as otherwise provided, in this Act: 

13 ‘‘(1) AVERAGE DAILY ATTENDANCE.— 

14 ‘‘(A) IN GENERAL.—Except as provided 

15 otherwise by State law or this paragraph, the 

16 term ‘average daily attendance’ means— 

17 ‘‘(i) the aggregate number of days of 

18 attendance of all students during a school 

19 year; divided by 

20 ‘‘(ii) the number of days school is in 

21 session during that year. 

22 ‘‘(B) CONVERSION.—The Secretary shall 

23 permit the conversion of average daily member24 ship (or other similar data) to average daily at25 tendance for local educational agencies in 


rfrederick on DSK4SPTVN1PROD with BILLS
400 

•HR 5 IH

1 States that provide State aid to local edu2 cational agencies on the basis of average daily 

3 membership (or other similar data). 

4 ‘‘(C) SPECIAL RULE.—If the local edu5 cational agency in which a child resides makes 

6 a tuition or other payment for the free public 

7 education of the child in a school located in an8 other school district, the Secretary shall, for the 

9 purpose of this Act— 

10 ‘‘(i) consider the child to be in attend11 ance at a school of the agency making the 

12 payment; and 

13 ‘‘(ii) not consider the child to be in at14 tendance at a school of the agency receiv15 ing the payment. 

16 ‘‘(D) CHILDREN WITH DISABILITIES.—If a 

17 local educational agency makes a tuition pay18 ment to a private school or to a public school 

19 of another local educational agency for a child 

20 with a disability, as defined in section 602 of 

21 the Individuals with Disabilities Education Act, 

22 the Secretary shall, for the purpose of this Act, 

23 consider the child to be in attendance at a 

24 school of the agency making the payment. 


rfrederick on DSK4SPTVN1PROD with BILLS
401 

•HR 5 IH

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 expendi7 tures, during the third fiscal year pre8 ceding the fiscal year for which the deter9 mination is made (or, if satisfactory data 

10 for that year are not available, during the 

11 most recent preceding fiscal year for which 

12 satisfactory data are available) of all local 

13 educational agencies in the State or, in the 

14 case of the United States, for all States 

15 (which, for the purpose of this paragraph, 

16 means the 50 States and the District of 

17 Columbia); plus 

18 ‘‘(ii) any direct current expenditures 

19 by the State for the operation of those 

20 agencies; divided by 

21 ‘‘(B) the aggregate number of children in 

22 average daily attendance to whom those agen23 cies provided free public education during that 

24 preceding year. 


rfrederick on DSK4SPTVN1PROD with BILLS
402 

•HR 5 IH

1 ‘‘(3) CHARTER SCHOOL.—The term ‘charter 

2 school’ means a public school that— 

3 ‘‘(A) in accordance with a specific State 

4 statute authorizing the granting of charters to 

5 schools, is exempt from significant State or 

6 local rules that inhibit the flexible operation 

7 and management of public schools, but not 

8 from any rules relating to the other require9 ments of this paragraph; 

10 ‘‘(B) is created by a developer as a public 

11 school, or is adapted by a developer from an ex12 isting public school, and is operated under pub13 lic supervision and direction; 

14 ‘‘(C) operates in pursuit of a specific set of 

15 educational objectives determined by the 

16 school’s developer and agreed to by the author17 ized public chartering agency; 

18 ‘‘(D) provides a program of elementary or 

19 secondary education, or both; 

20 ‘‘(E) is nonsectarian in its programs, ad21 missions policies, employment practices, and all 

22 other operations, and is not affiliated with a 

23 sectarian school or religious institution; 

24 ‘‘(F) does not charge tuition; 


rfrederick on DSK4SPTVN1PROD with BILLS
403 

•HR 5 IH

1 ‘‘(G) complies with the Age Discrimination 

2 Act of 1975, title VI of the Civil Rights Act of 

3 1964, title IX of the Education Amendments of 

4 1972, section 504 of the Rehabilitation Act of 

5 1973, and part B of the Individuals with Dis6 abilities Education Act; 

7 ‘‘(H) is a school to which parents choose to 

8 send their children, and that admits students 

9 on the basis of a lottery, if more students apply 

10 for admission than can be accommodated; 

11 ‘‘(I) agrees to comply with the same Fed12 eral and State audit requirements as do other 

13 elementary schools and secondary schools in the 

14 State, unless such requirements are specifically 

15 waived for the purpose of this program; 

16 ‘‘(J) meets all applicable Federal, State, 

17 and local health and safety requirements; 

18 ‘‘(K) operates in accordance with State 

19 law; 

20 ‘‘(L) has a written performance contract 

21 with the authorized public chartering agency in 

22 the State that includes a description of how 

23 student performance will be measured in char24 ter schools pursuant to State assessments that 

25 are required of other schools and pursuant to 


rfrederick on DSK4SPTVN1PROD with BILLS
404 

•HR 5 IH

1 any other assessments mutually agreeable to 

2 the authorized public chartering agency and the 

3 charter school; and 

4 ‘‘(M) may serve prekindergarten or post 

5 secondary students. 

6 ‘‘(4) CHILD.—The term ‘child’ means any per7 son within the age limits for which the State pro8 vides free public education. 

9 ‘‘(5) CHILD WITH A DISABILITY.—The term 

10 ‘child with a disability’ has the same meaning given 

11 that term in section 602 of the Individuals with Dis12 abilities Education Act. 

13 ‘‘(6) COMMUNITY-BASED ORGANIZATION.—The 

14 term ‘community-based organization’ means a public 

15 or private nonprofit organization of demonstrated ef16 fectiveness that— 

17 ‘‘(A) is representative of a community or 

18 significant segments of a community; and 

19 ‘‘(B) provides educational or related serv20 ices to individuals in the community. 

21 ‘‘(7) CONSOLIDATED LOCAL APPLICATION.— 

22 The term ‘consolidated local application’ means an 

23 application submitted by a local educational agency 

24 pursuant to section 5305. 


rfrederick on DSK4SPTVN1PROD with BILLS
405 

•HR 5 IH

1 ‘‘(8) CONSOLIDATED LOCAL PLAN.—The term 

2 ‘consolidated local plan’ means a plan submitted by 

3 a local educational agency pursuant to section 5305. 

4 ‘‘(9) CONSOLIDATED STATE APPLICATION.— 

5 The term ‘consolidated State application’ means an 

6 application submitted by a State educational agency 

7 pursuant to section 5302. 

8 ‘‘(10) CONSOLIDATED STATE PLAN.—The term 

9 ‘consolidated State plan’ means a plan submitted by 

10 a State educational agency pursuant to section 

11 5302. 

12 ‘‘(11) CORE ACADEMIC SUBJECTS.—The term 

13 ‘core academic subjects’ means English, reading or 

14 language arts, mathematics, science, foreign lan15 guages, civics and government, economics, arts, his16 tory, and geography. 

17 ‘‘(12) COUNTY.—The term ‘county’ means one 

18 of the divisions of a State used by the Secretary of 

19 Commerce in compiling and reporting data regard20 ing counties. 

21 ‘‘(13) COVERED PROGRAM.—The term ‘covered 

22 program’ means each of the programs authorized 

23 by— 

24 ‘‘(A) part A of title I; 

25 ‘‘(B) title II; and 


rfrederick on DSK4SPTVN1PROD with BILLS
406 

•HR 5 IH

1 ‘‘(C) title III. 

2 ‘‘(14) CURRENT EXPENDITURES.—The term 

3 ‘current expenditures’ means expenditures for free 

4 public education— 

5 ‘‘(A) including expenditures for adminis6 tration, instruction, attendance and health serv7 ices, pupil transportation services, operation 

8 and maintenance of plant, fixed charges, and 

9 net expenditures to cover deficits for food serv10 ices and student body activities; but 

11 ‘‘(B) not including expenditures for com12 munity services, capital outlay, and debt serv13 ice, or any expenditures made from funds re14 ceived under title I. 

15 ‘‘(15) DEPARTMENT.—The term ‘Department’ 

16 means the Department of Education. 

17 ‘‘(16) DIRECT STUDENT SERVICES.—The term 

18 ‘direct student services’ means public school choice 

19 or high-quality academic tutoring that are designed 

20 to help increase academic achievement for students. 

21 ‘‘(17) DISTANCE EDUCATION.—The term ‘dis22 tance education’ means the use of one or more tech23 nologies to deliver instruction to students who are 

24 separated from the instructor and to support regular 

25 and substantive interaction between the students 


rfrederick on DSK4SPTVN1PROD with BILLS
407 

•HR 5 IH

1 and the instructor synchronously or nonsyn2 chronously. 

3 ‘‘(18) EDUCATIONAL SERVICE AGENCY.—The 

4 term ‘educational service agency’ means a regional 

5 public multiservice agency authorized by State stat6 ute to develop, manage, and provide services or pro7 grams to local educational agencies. 

8 ‘‘(19) ELEMENTARY SCHOOL.—The term ‘ele9 mentary school’ means a nonprofit institutional day 

10 or residential school, including a public elementary 

11 charter school, that provides elementary education, 

12 as determined under State law. 

13 ‘‘(20) ENGLISH LEARNER.—The term ‘English 

14 learner’, when used with respect to an individual, 

15 means an individual— 

16 ‘‘(A) who is aged 3 through 21; 

17 ‘‘(B) who is enrolled or preparing to enroll 

18 in an elementary school or secondary school; 

19 ‘‘(C)(i) who was not born in the United 

20 States or whose native language is a language 

21 other than English; 

22 ‘‘(ii)(I) who is a Native American or Alas23 ka Native, or a native resident of the outlying 

24 areas; and 


rfrederick on DSK4SPTVN1PROD with BILLS
408 

•HR 5 IH

1 ‘‘(II) who comes from an environment 

2 where a language other than English has had 

3 a significant impact on the individual’s level of 

4 English language proficiency; or 

5 ‘‘(iii) who is migratory, whose native lan6 guage is a language other than English, and 

7 who comes from an environment where a lan8 guage other than English is dominant; and 

9 ‘‘(D) whose difficulties in speaking, read10 ing, writing, or understanding the English lan11 guage may be sufficient to deny the indi12 vidual— 

13 ‘‘(i) the ability to meet the State’s 

14 academic standards described in section 

15 1111; 

16 ‘‘(ii) the ability to successfully achieve 

17 in classrooms where the language of in18 struction is English; or 

19 ‘‘(iii) the opportunity to participate 

20 fully in society. 

21 ‘‘(21) EXTENDED-YEAR ADJUSTED COHORT

22 GRADUATION RATE.— 

23 ‘‘(A) IN GENERAL.—The term ‘extended24 year adjusted cohort graduation rate’ means the 

25 ratio where— 


rfrederick on DSK4SPTVN1PROD with BILLS
409 

•HR 5 IH

1 ‘‘(i) the denominator consists of the 

2 number of students who form the original 

3 cohort of students who entered the entry 

4 grade together in the entry year of high 

5 school, adjusted by— 

6 ‘‘(I) adding the students who 

7 joined that cohort, after the time of 

8 the determination of the original co9 hort; and 

10 ‘‘(II) subtracting only those stu11 dents who left that cohort, after the 

12 time of the determination of the origi13 nal cohort, as described in subpara14 graph (B); and 

15 ‘‘(ii) the numerator consists of the 

16 number of students in the cohort, as ad17 justed under clause (i), who earned a reg18 ular high school diploma before, during, or 

19 at the conclusion of— 

20 ‘‘(I) one or more additional years 

21 beyond the fourth year of high school; 

22 or 

23 ‘‘(II) a summer session imme24 diately following the additional year of 

25 high school. 


rfrederick on DSK4SPTVN1PROD with BILLS
410 

•HR 5 IH

1 ‘‘(B) COHORT REMOVAL.—To remove a 

2 student from a cohort, a school or local edu3 cational agency shall require documentation to 

4 confirm that the student has transferred out, 

5 emigrated to another country, transferred to a 

6 prison or juvenile facility, or is deceased. 

7 ‘‘(C) TRANSFERRED OUT.— 

8 ‘‘(i) IN GENERAL.—For purposes of 

9 this paragraph, the term ‘transferred out’ 

10 means a student who the high school or 

11 local educational agency has confirmed, ac12 cording to clause (ii), has transferred— 

13 ‘‘(I) to another school from which 

14 the student is expected to receive a 

15 regular high school diploma; or 

16 ‘‘(II) to another educational pro17 gram from which the student is ex18 pected to receive a regular high school 

19 diploma. 

20 ‘‘(ii) CONFIRMATION REQUIRE21 MENTS.— 

22 ‘‘(I) DOCUMENTATION RE23 QUIRED.—The confirmation of a stu24 dent’s transfer to another school or 

25 educational program described in 


rfrederick on DSK4SPTVN1PROD with BILLS
411 

•HR 5 IH

1 clause (i) requires documentation 

2 from the receiving school or program 

3 that the student enrolled in the receiv4 ing school or program. 

5 ‘‘(II) LACK OF CONFIRMATION.— 

6 A student who was enrolled, but for 

7 whom there is no confirmation of the 

8 student having transferred out, shall 

9 remain in the extended-year adjusted 

10 cohort. 

11 ‘‘(iii) PROGRAMS NOT PROVIDING

12 CREDIT.—A student who is retained in 

13 grade or who is enrolled in a GED or other 

14 alternative educational program that does 

15 not issue or provide credit toward the 

16 issuance of a regular high school diploma 

17 shall not be considered transferred out and 

18 shall remain in the extended-year adjusted 

19 cohort. 

20 ‘‘(D) SPECIAL RULE.—For those high 

21 schools that start after grade 9, the original co22 hort shall be calculated for the earliest high 

23 school grade students attend no later than the 

24 effective date for student membership data sub25 mitted annually by State educational agencies 


rfrederick on DSK4SPTVN1PROD with BILLS
412 

•HR 5 IH

1 to the National Center for Education Statistics 

2 pursuant to section 153 of the Education 

3 Sciences Reform Act. 

4 ‘‘(22) FAMILY LITERACY SERVICES.—The term 

5 ‘family literacy services’ means services provided to 

6 participants on a voluntary basis that are of suffi7 cient intensity in terms of hours, and of sufficient 

8 duration, to make sustainable changes in a family, 

9 and that integrate all of the following activities: 

10 ‘‘(A) Interactive literacy activities between 

11 parents and their children. 

12 ‘‘(B) Training for parents regarding how 

13 to be the primary teacher for their children and 

14 full partners in the education of their children. 

15 ‘‘(C) Parent literacy training that leads to 

16 economic self-sufficiency. 

17 ‘‘(D) An age-appropriate education to pre18 pare children for success in school and life ex19 periences. 

20 ‘‘(23) FOUR-YEAR ADJUSTED COHORT GRADUA21 TION RATE.— 

22 ‘‘(A) IN GENERAL.—The term ‘four-year 

23 adjusted cohort graduation rate’ means the 

24 ratio where— 


rfrederick on DSK4SPTVN1PROD with BILLS
413 

•HR 5 IH

1 ‘‘(i) the denominator consists of the 

2 number of students who form the original 

3 cohort of entering first-time 9th grade stu4 dents enrolled in the high school no later 

5 than the effective date for student mem6 bership data submitted annually by State 

7 educational agencies to the National Cen8 ter for Education Statistics pursuant to 

9 section 153 of the Education Sciences Re10 form Act, adjusted by— 

11 ‘‘(I) adding the students who 

12 joined that cohort, after the time of 

13 the determination of the original co14 hort; and 

15 ‘‘(II) subtracting only those stu16 dents who left that cohort, after the 

17 time of the determination of the origi18 nal cohort, as described in subpara19 graph (B); and 

20 ‘‘(ii) the numerator consists of the 

21 number of students in the cohort, as ad22 justed under clause (i), who earned a reg23 ular high school diploma before, during, or 

24 at the conclusion of— 


rfrederick on DSK4SPTVN1PROD with BILLS
414 

•HR 5 IH

1 ‘‘(I) the fourth year of high 

2 school; or 

3 ‘‘(II) a summer session imme4 diately following the fourth year of 

5 high school. 

6 ‘‘(B) COHORT REMOVAL.—To remove a 

7 student from a cohort, a school or local edu8 cational agency shall require documentation to 

9 confirm that the student has transferred out, 

10 emigrated to another country, transferred to a 

11 prison or juvenile facility, or is deceased. 

12 ‘‘(C) TRANSFERRED OUT.— 

13 ‘‘(i) IN GENERAL.—For purposes of 

14 this paragraph, the term ‘transferred out’ 

15 means a student who the high school or 

16 local educational agency has confirmed, ac17 cording to clause (ii), has transferred— 

18 ‘‘(I) to another school from which 

19 the student is expected to receive a 

20 regular high school diploma; or 

21 ‘‘(II) to another educational pro22 gram from which the student is ex23 pected to receive a regular high school 

24 diploma. 


rfrederick on DSK4SPTVN1PROD with BILLS
415 

•HR 5 IH

1 ‘‘(ii) CONFIRMATION REQUIRE2 MENTS.— 

3 ‘‘(I) DOCUMENTATION RE4 QUIRED.—The confirmation of a stu5 dent’s transfer to another school or 

6 educational program described in 

7 clause (i) requires documentation 

8 from the receiving school or program 

9 that the student enrolled in the receiv10 ing school or program. 

11 ‘‘(II) LACK OF CONFIRMATION.— 

12 A student who was enrolled, but for 

13 whom there is no confirmation of the 

14 student having transferred out, shall 

15 remain in the adjusted cohort. 

16 ‘‘(iii) PROGRAMS NOT PROVIDING

17 CREDIT.—A student who is retained in 

18 grade or who is enrolled in a GED or other 

19 alternative educational program that does 

20 not issue or provide credit toward the 

21 issuance of a regular high school diploma 

22 shall not be considered transferred out and 

23 shall remain in the adjusted cohort. 

24 ‘‘(D) SPECIAL RULE.—For those high 

25 schools that start after grade 9, the original coVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
416 

•HR 5 IH

1 hort shall be calculated for the earliest high 

2 school grade students attend no later than the 

3 effective date for student membership data sub4 mitted annually by State educational agencies 

5 to the National Center for Education Statistics 

6 pursuant to section 153 of the Education 

7 Sciences Reform Act. 

8 ‘‘(24) FREE PUBLIC EDUCATION.—The term 

9 ‘free public education’ means education that is pro10 vided— 

11 ‘‘(A) at public expense, under public super12 vision and direction, and without tuition charge; 

13 and 

14 ‘‘(B) as elementary school or secondary 

15 school education as determined under applicable 

16 State law, except that the term does not include 

17 any education provided beyond grade 12. 

18 ‘‘(25) HIGH-QUALITY ACADEMIC TUTORING.— 

19 The term ‘high-quality academic tutoring’ means 

20 supplemental academic services that— 

21 ‘‘(A) are in addition to instruction pro22 vided during the school day; 

23 ‘‘(B) are provided by a non-governmental 

24 entity or local educational agency that— 


rfrederick on DSK4SPTVN1PROD with BILLS
417 

•HR 5 IH

1 ‘‘(i) is included on a State educational 

2 agency approved provider list after dem3 onstrating to the State educational agency 

4 that its program consistently improves the 

5 academic achievement of students; and 

6 ‘‘(ii) agrees to provide parents of chil7 dren receiving high-quality academic tutor8 ing, the appropriate local educational agen9 cy, and school with information on partici10 pating students increases in academic 

11 achievement, in a format, and to the extent 

12 practicable, a language that such parent 

13 can understand, and in a manner that pro14 tects the privacy of individuals consistent 

15 with section 444 of the General Education 

16 Provisions Act (20 U.S.C. 1232g); 

17 ‘‘(C) are selected by the parents of stu18 dents who are identified by the local educational 

19 agency as being eligible for such services from 

20 among providers on the approved provider list 

21 described in subparagraph (B)(i); 

22 ‘‘(D) meet all applicable Federal, State, 

23 and local health, safety, and civil rights laws; 

24 and 


rfrederick on DSK4SPTVN1PROD with BILLS
418 

•HR 5 IH

1 ‘‘(E) ensure that all instruction and con2 tent are secular, neutral, and non-ideological. 

3 ‘‘(26) HIGH SCHOOL.—The term ‘high school’ 

4 means a secondary school that— 

5 ‘‘(A) grants a diploma, as defined by the 

6 State; and 

7 ‘‘(B) includes, at least, grade 12. 

8 ‘‘(27) INSTITUTION OF HIGHER EDUCATION.— 

9 The term ‘institution of higher education’ has the 

10 meaning given that term in section 101(a) of the 

11 Higher Education Act of 1965. 

12 ‘‘(28) LOCAL EDUCATIONAL AGENCY.— 

13 ‘‘(A) IN GENERAL.—The term ‘local edu14 cational agency’ means a public board of edu15 cation or other public authority legally con16 stituted within a State for either administrative 

17 control or direction of, or to perform a service 

18 function for, public elementary schools or sec19 ondary schools in a city, county, township, 

20 school district, or other political subdivision of 

21 a State, or of or for a combination of school 

22 districts or counties that is recognized in a 

23 State as an administrative agency for its public 

24 elementary schools or secondary schools. 


rfrederick on DSK4SPTVN1PROD with BILLS
419 

•HR 5 IH

1 ‘‘(B) ADMINISTRATIVE CONTROL AND DI2 RECTION.—The term includes any other public 

3 institution or agency having administrative con4 trol and direction of a public elementary school 

5 or secondary school. 

6 ‘‘(C) BIE SCHOOLS.—The term includes 

7 an elementary school or secondary school fund8 ed by the Bureau of Indian Education but only 

9 to the extent that including the school makes 

10 the school eligible for programs for which spe11 cific eligibility is not provided to the school in 

12 another provision of law and the school does not 

13 have a student population that is smaller than 

14 the student population of the local educational 

15 agency receiving assistance under this Act with 

16 the smallest student population, except that the 

17 school shall not be subject to the jurisdiction of 

18 any State educational agency other than the 

19 Bureau of Indian Education. 

20 ‘‘(D) EDUCATIONAL SERVICE AGENCIES.— 

21 The term includes educational service agencies 

22 and consortia of those agencies. 

23 ‘‘(E) STATE EDUCATIONAL AGENCY.—The 

24 term includes the State educational agency in a 

25 State in which the State educational agency is 


rfrederick on DSK4SPTVN1PROD with BILLS
420 

•HR 5 IH

1 the sole educational agency for all public 

2 schools. 

3 ‘‘(29) NATIVE AMERICAN AND NATIVE AMER4 ICAN LANGUAGE.—The terms ‘Native American’ and 

5 ‘Native American language’ have the same meaning 

6 given those terms in section 103 of the Native 

7 American Languages Act of 1990. 

8 ‘‘(30) OTHER STAFF.—The term ‘other staff’ 

9 means specialized instructional support personnel, li10 brarians, career guidance and counseling personnel, 

11 education aides, and other instructional and admin12 istrative personnel. 

13 ‘‘(31) OUTLYING AREA.—The term ‘outlying 

14 area’— 

15 ‘‘(A) means American Samoa, the Com16 monwealth of the Northern Mariana Islands, 

17 Guam, and the United States Virgin Islands; 

18 ‘‘(B) means the Republic of Palau, to the 

19 extent permitted under section 105(f)(1)(B)(ix) 

20 of the Compact of Free Association Amend21 ments Act of 2003 (Public Law 99–658; 117 

22 Stat. 2751) and until an agreement for the ex23 tension of United States education assistance 

24 under the Compact of Free Association becomes 

25 effective for the Republic of Palau; and 


rfrederick on DSK4SPTVN1PROD with BILLS
421 

•HR 5 IH

1 ‘‘(C) for the purpose of any discretionary 

2 grant program under this Act, includes the Re3 public of the Marshall Islands and the Fed4 erated States of Micronesia, to the extent per5 mitted under section 105(f)(1)(B)(viii) of the 

6 Compact of Free Association Amendments Act 

7 of 2003 (Public Law 108–188; 117 Stat. 

8 2751). 

9 ‘‘(32) PARENT.—The term ‘parent’ includes a 

10 legal guardian or other person standing in loco 

11 parentis (such as a grandparent, stepparent, or fos12 ter parent with whom the child lives, or a person 

13 who is legally responsible for the child’s welfare). 

14 ‘‘(33) PARENTAL INVOLVEMENT.—The term 

15 ‘parental involvement’ means the participation of 

16 parents in regular, two-way, and meaningful commu17 nication involving student academic learning and 

18 other school activities, including ensuring— 

19 ‘‘(A) that parents play an integral role in 

20 assisting in their child’s learning; 

21 ‘‘(B) that parents are encouraged to be ac22 tively involved in their child’s education at 

23 school; 

24 ‘‘(C) that parents are full partners in their 

25 child’s education and are included, as approVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
422 

•HR 5 IH

1 priate, in decisionmaking and on advisory com2 mittees to assist in the education of their child; 

3 and 

4 ‘‘(D) the carrying out of other activities, 

5 such as those described in section 1118. 

6 ‘‘(34) POVERTY LINE.—The term ‘poverty line’ 

7 means the poverty line (as defined by the Office of 

8 Management and Budget and revised annually in ac9 cordance with section 673(2) of the Community 

10 Services Block Grant Act) applicable to a family of 

11 the size involved. 

12 ‘‘(35) PROFESSIONAL DEVELOPMENT.—The 

13 term ‘professional development’— 

14 ‘‘(A) includes evidence-based, job-embed15 ded, continuous activities that— 

16 ‘‘(i) improve and increase teachers’ 

17 knowledge of the academic subjects the 

18 teachers teach, and enable teachers to be19 come effective educators; 

20 ‘‘(ii) are an integral part of broad 

21 schoolwide and districtwide educational im22 provement plans; 

23 ‘‘(iii) give teachers, school leaders, 

24 other staff, and administrators the knowl25 edge and skills to provide students with 


rfrederick on DSK4SPTVN1PROD with BILLS
423 

•HR 5 IH

1 the opportunity to meet State academic 

2 standards; 

3 ‘‘(iv) improve classroom management 

4 skills; 

5 ‘‘(v)(I) have a positive and lasting im6 pact on classroom instruction and the 

7 teacher’s performance in the classroom; 

8 and 

9 ‘‘(II) are not 1-day or short-term 

10 workshops or conferences; 

11 ‘‘(vi) support the recruiting, hiring, 

12 and training of effective teachers, including 

13 teachers who became certified or licensed 

14 through State and local alternative routes 

15 to certification; 

16 ‘‘(vii) advance teacher understanding 

17 of effective instructional strategies that are 

18 strategies for improving student academic 

19 achievement or substantially increasing the 

20 knowledge and teaching skills of teachers, 

21 including through addressing the social 

22 and emotional development needs of stu23 dents; 

24 ‘‘(viii) are aligned with and directly 

25 related to— 


rfrederick on DSK4SPTVN1PROD with BILLS
424 

•HR 5 IH

1 ‘‘(I) State academic standards 

2 and assessments; and 

3 ‘‘(II) the curricula and programs 

4 tied to the standards described in sub5 clause (I); 

6 ‘‘(ix) are developed with extensive par7 ticipation of teachers, school leaders, par8 ents, and administrators of schools to be 

9 served under this Act; 

10 ‘‘(x) are designed to give teachers of 

11 English learners and other teachers and 

12 instructional staff, the knowledge and 

13 skills to provide instruction and appro14 priate language and academic support 

15 services to those children, including the ap16 propriate use of curricula and assessments; 

17 ‘‘(xi) to the extent appropriate, pro18 vide training for teachers, other staff, and 

19 school leaders in the use of technology so 

20 that technology and technology applica21 tions are effectively used to improve teach22 ing and learning in the curricula and core 

23 academic subjects in which the students re24 ceive instruction; 


rfrederick on DSK4SPTVN1PROD with BILLS
425 

•HR 5 IH

1 ‘‘(xii) as a whole, are regularly evalu2 ated for their impact on increased teacher 

3 effectiveness and improved student aca4 demic achievement, with the findings of 

5 the evaluations used to improve the quality 

6 of the professional development; 

7 ‘‘(xiii) provide instruction in methods 

8 of teaching children with special needs; 

9 ‘‘(xiv) include instruction in the use of 

10 data and assessments to inform and in11 struct classroom practice; and 

12 ‘‘(xv) include instruction in ways that 

13 teachers, school leaders, specialized in14 structional support personnel, other staff, 

15 and school administrators may work more 

16 effectively with parents; and 

17 ‘‘(B) may include evidence-based, job-em18 bedded, continuous activities that— 

19 ‘‘(i) involve the forming of partner20 ships with institutions of higher education 

21 to establish school-based teacher training 

22 programs that provide prospective teachers 

23 and new teachers with an opportunity to 

24 work under the guidance of experienced 

25 teachers and college faculty; 


rfrederick on DSK4SPTVN1PROD with BILLS
426 

•HR 5 IH

1 ‘‘(ii) create programs to enable para2 professionals (assisting teachers employed 

3 by a local educational agency receiving as4 sistance under subpart 1 of part A of title 

5 I) to obtain the education necessary for 

6 those paraprofessionals to become certified 

7 and licensed teachers; and 

8 ‘‘(iii) provide follow-up training to in9 dividuals who have participated in activi10 ties described in subparagraph (A) or an11 other clause of this subparagraph that are 

12 designed to ensure that the knowledge and 

13 skills learned by the teachers are imple14 mented in the classroom. 

15 ‘‘(36) REGULAR HIGH SCHOOL DIPLOMA.— 

16 ‘‘(A) IN GENERAL.—The term ‘regular 

17 high school diploma’ means the standard high 

18 school diploma awarded to the preponderance of 

19 students in the State that is fully aligned with 

20 State standards, or a higher diploma. Such 

21 term shall not include a GED or other recog22 nized equivalent of a diploma, a certificate of 

23 attendance, or any lesser diploma award. 

24 ‘‘(B) EXCEPTION FOR STUDENTS WITH

25 SIGNIFICANT COGNITIVE DISABILITIES.—For a 


rfrederick on DSK4SPTVN1PROD with BILLS
427 

•HR 5 IH

1 student who is assessed using an alternate as2 sessment aligned to alternate academic stand3 ards under section 1111(b)(1)(D), receipt of a 

4 regular high school diploma as defined under 

5 subparagraph (A) or a State-defined alternate 

6 diploma obtained within the time period for 

7 which the State ensures the availability of a 

8 free appropriate public education and in accord9 ance with section 612(a)(1) of the Individuals 

10 with Disabilities Education Act shall be counted 

11 as graduating with a regular high school di12 ploma for the purposes of this Act. 

13 ‘‘(37) SCHOOL LEADER.—The term ‘school 

14 leader’ means a principal, assistant principal, or 

15 other individual who is— 

16 ‘‘(A) an employee or officer of a school, 

17 local educational agency, or other entity oper18 ating the school; and 

19 ‘‘(B) responsible for— 

20 ‘‘(i) the daily instructional leadership 

21 and managerial operations of the school; 

22 and 

23 ‘‘(ii) creating the optimum conditions 

24 for student learning. 


rfrederick on DSK4SPTVN1PROD with BILLS
428 

•HR 5 IH

1 ‘‘(38) SECONDARY SCHOOL.—The term ‘sec2 ondary school’ means a nonprofit institutional day or 

3 residential school, including a public secondary char4 ter school, that provides secondary education, as de5 termined under State law, except that the term does 

6 not include any education beyond grade 12. 

7 ‘‘(39) SECRETARY.—The term ‘Secretary’ 

8 means the Secretary of Education. 

9 ‘‘(40) SPECIALIZED INSTRUCTIONAL SUPPORT

10 PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT

11 SERVICES.— 

12 ‘‘(A) SPECIALIZED INSTRUCTIONAL SUP13 PORT PERSONNEL.—The term ‘specialized in14 structional support personnel’ means school 

15 counselors, school social workers, school psy16 chologists, and other qualified professional per17 sonnel involved in providing assessment, diag18 nosis, counseling, educational, therapeutic, and 

19 other necessary services (including related serv20 ices as that term is defined in section 602 of 

21 the Individuals with Disabilities Education Act) 

22 as part of a comprehensive program to meet 

23 student needs. 

24 ‘‘(B) SPECIALIZED INSTRUCTIONAL SUP25 PORT SERVICES.—The term ‘specialized instrucVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
429 

•HR 5 IH

1 tional support services’ means the services pro2 vided by specialized instructional support per3 sonnel. 

4 ‘‘(41) STATE.—The term ‘State’ means each of 

5 the 50 States, the District of Columbia, the Com6 monwealth of Puerto Rico, and each of the outlying 

7 areas. 

8 ‘‘(42) STATE EDUCATIONAL AGENCY.—The 

9 term ‘State educational agency’ means the agency 

10 primarily responsible for the State supervision of 

11 public elementary schools and secondary schools. 

12 ‘‘(43) TECHNOLOGY.—The term ‘technology’ 

13 means modern information, computer and commu14 nication technology products, services, or tools, in15 cluding, but not limited to, the Internet and other 

16 communications networks, computer devices and 

17 other computer and communications hardware, soft18 ware applications, data systems, and other electronic 

19 content and data storage. 

20 ‘‘SEC. 5102. APPLICABILITY OF TITLE. 

21 ‘‘Parts B, C, D, and E of this title do not apply to 

22 title IV of this Act. 


rfrederick on DSK4SPTVN1PROD with BILLS
430 

•HR 5 IH

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 

6 Bureau of Indian Education; 

7 ‘‘(2) a school operated under a contract or 

8 grant with the Bureau of Indian Education in con9 sortium with another contract or grant school or a 

10 tribal or community organization; or 

11 ‘‘(3) a Bureau of Indian Education school in 

12 consortium with an institution of higher education, 

13 a contract or grant school, or a tribal or community 

14 organization, 

15 shall be given the same consideration as a local edu16 cational 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 

26 more of the programs under paragraph (2). 


rfrederick on DSK4SPTVN1PROD with BILLS
431 

•HR 5 IH

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; 


rfrederick on DSK4SPTVN1PROD with BILLS
432 

•HR 5 IH

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 

9 consolidates administrative funds under this section shall 

10 not be required to keep separate records, by individual 

11 program, to account for costs relating to the administra12 tion of programs included in the consolidation under sub13 section (a). 

14 ‘‘(d) REVIEW.—To determine the effectiveness of 

15 State administration under this section, the Secretary may 

16 periodically review the performance of State educational 

17 agencies in using consolidated administrative funds under 

18 this section and take such steps as the Secretary finds 

19 appropriate to ensure the effectiveness of that administra20 tion. 

21 ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State 

22 educational agency does not use all of the funds available 

23 to the agency under this section for administration, the 

24 agency may use those funds during the applicable period 


rfrederick on DSK4SPTVN1PROD with BILLS
433 

•HR 5 IH

1 of availability as funds available under one or more pro2 grams included in the consolidation under subsection (a). 

3 ‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS

4 AND ASSESSMENT DEVELOPMENT.—In order to develop 

5 State academic standards and assessments, a State edu6 cational agency may consolidate the amounts described in 

7 subsection (a) for those purposes under title I. 

8 ‘‘SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 

9 ‘‘A State educational agency that also serves as a 

10 local educational agency shall, in its applications or plans 

11 under this Act, describe how the agency will eliminate du12 plication in conducting administrative functions. 

13 ‘‘SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT 

14 OF THE INTERIOR FUNDS. 

15 ‘‘(a) GENERAL AUTHORITY.— 

16 ‘‘(1) TRANSFER.—The Secretary shall transfer 

17 to the Department of the Interior, as a consolidated 

18 amount for covered programs, the Indian education 

19 programs under subpart 6 of part A of title I, and 

20 the education for homeless children and youth pro21 gram under subtitle B of title VII of the McKinney22 Vento Homeless Assistance Act, the amounts allot23 ted to the Department of the Interior under those 

24 programs. 

25 ‘‘(2) AGREEMENT.— 


rfrederick on DSK4SPTVN1PROD with BILLS
434 

•HR 5 IH

1 ‘‘(A) IN GENERAL.—The Secretary and the 

2 Secretary of the Interior shall enter into an 

3 agreement, consistent with the requirements of 

4 the programs specified in paragraph (1), for the 

5 distribution and use of those program funds 

6 under terms that the Secretary determines best 

7 meet the purposes of those programs. 

8 ‘‘(B) CONTENTS.—The agreement shall— 

9 ‘‘(i) set forth the plans of the Sec10 retary of the Interior for the use of the 

11 amount transferred and the achievement 

12 measures to assess program effectiveness; 

13 and 

14 ‘‘(ii) be developed in consultation with 

15 Indian tribes. 

16 ‘‘(b) ADMINISTRATION.—The Department of the In17 terior may use not more than 1.5 percent of the funds 

18 consolidated under this section for its costs related to the 

19 administration of the funds transferred under this section. 

20 ‘‘PART C—COORDINATION OF PROGRAMS; CONSOLI21 DATED STATE AND LOCAL PLANS AND APPLICA22 TIONS

23 ‘‘SEC. 5301. PURPOSES. 

24 ‘‘The purposes of this part are— 


rfrederick on DSK4SPTVN1PROD with BILLS
435 

•HR 5 IH

1 ‘‘(1) to improve teaching and learning by en2 couraging greater cross-program coordination, plan3 ning, and service delivery; 

4 ‘‘(2) to provide greater flexibility to State and 

5 local authorities through consolidated plans, applica6 tions, and reporting; and 

7 ‘‘(3) to enhance the integration of programs 

8 under this Act with State and local programs. 

9 ‘‘SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR 

10 APPLICATIONS. 

11 ‘‘(a) GENERAL AUTHORITY.— 

12 ‘‘(1) SIMPLIFICATION.—In order to simplify ap13 plication requirements and reduce the burden for 

14 State educational agencies under this Act, the Sec15 retary, in accordance with subsection (b), shall es16 tablish procedures and criteria under which, after 

17 consultation with the Governor, a State educational 

18 agency may submit a consolidated State plan or a 

19 consolidated State application meeting the require20 ments of this section for— 

21 ‘‘(A) each of the covered programs in 

22 which the State participates; and 

23 ‘‘(B) such other programs as the Secretary 

24 may designate. 


rfrederick on DSK4SPTVN1PROD with BILLS
436 

•HR 5 IH

1 ‘‘(2) CONSOLIDATED APPLICATIONS AND

2 PLANS.—After consultation with the Governor, a 

3 State educational agency that submits a consolidated 

4 State plan or a consolidated State application under 

5 this section shall not be required to submit separate 

6 State plans or applications under any of the pro7 grams to which the consolidated State plan or con8 solidated State application under this section ap9 plies. 

10 ‘‘(b) COLLABORATION.— 

11 ‘‘(1) IN GENERAL.—In establishing criteria and 

12 procedures under this section, the Secretary shall 

13 collaborate with State educational agencies and, as 

14 appropriate, with other State agencies, local edu15 cational agencies, public and private agencies, orga16 nizations, and institutions, private schools, and par17 ents, students, and teachers. 

18 ‘‘(2) CONTENTS.—Through the collaborative 

19 process described in paragraph (1), the Secretary 

20 shall establish, for each program under this Act to 

21 which this section applies, the descriptions, informa22 tion, assurances, and other material required to be 

23 included in a consolidated State plan or consolidated 

24 State application. 


rfrederick on DSK4SPTVN1PROD with BILLS
437 

•HR 5 IH

1 ‘‘(3) NECESSARY MATERIALS.—The Secretary 

2 shall require only descriptions, information, assur3 ances (including assurances of compliance with ap4 plicable provisions regarding participation by private 

5 school children and teachers), and other materials 

6 that are absolutely necessary for the consideration of 

7 the consolidated State plan or consolidated State ap8 plication. 

9 ‘‘SEC. 5303. CONSOLIDATED REPORTING. 

10 ‘‘(a) IN GENERAL.—In order to simplify reporting re11 quirements and reduce reporting burdens, the Secretary 

12 shall establish procedures and criteria under which a State 

13 educational agency, in consultation with the Governor of 

14 the State, may submit a consolidated State annual report. 

15 ‘‘(b) CONTENTS.—The report shall contain informa16 tion about the programs included in the report, including 

17 the performance of the State under those programs, and 

18 other matters as the Secretary determines are necessary, 

19 such as monitoring activities. 

20 ‘‘(c) REPLACEMENT.—The report shall replace sepa21 rate individual annual reports for the programs included 

22 in the consolidated State annual report. 


rfrederick on DSK4SPTVN1PROD with BILLS
438 

•HR 5 IH

1 ‘‘SEC. 5304. GENERAL APPLICABILITY OF STATE EDU2 CATIONAL AGENCY ASSURANCES. 

3 ‘‘(a) ASSURANCES.—A State educational agency, in 

4 consultation with the Governor of the State, that submits 

5 a consolidated State plan or consolidated State application 

6 under this Act, whether separately or under section 5302, 

7 shall have on file with the Secretary a single set of assur8 ances, applicable to each program for which the plan or 

9 application is submitted, that provides that— 

10 ‘‘(1) each such program will be administered in 

11 accordance with all applicable statutes, regulations, 

12 program plans, and applications; 

13 ‘‘(2)(A) the control of funds provided under 

14 each such program and title to property acquired 

15 with program funds will be in a public agency, an 

16 eligible private agency, institution, or organization, 

17 or an Indian tribe, if the law authorizing the pro18 gram provides for assistance to those entities; and 

19 ‘‘(B) the public agency, eligible private agency, 

20 institution, or organization, or Indian tribe will ad21 minister those funds and property to the extent re22 quired by the authorizing law; 

23 ‘‘(3) the State will adopt and use proper meth24 ods of administering each such program, including— 

25 ‘‘(A) the enforcement of any obligations 

26 imposed by law on agencies, institutions, orgaVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
439 

•HR 5 IH

1 nizations, and other recipients responsible for 

2 carrying out each program; 

3 ‘‘(B) the correction of deficiencies in pro4 gram operations that are identified through au5 dits, monitoring, or evaluation; and 

6 ‘‘(C) the adoption of written procedures for 

7 the receipt and resolution of complaints alleging 

8 violations of law in the administration of the 

9 programs; 

10 ‘‘(4) the State will cooperate in carrying out 

11 any evaluation of each such program conducted by 

12 or for the Secretary or other Federal officials; 

13 ‘‘(5) the State will use such fiscal control and 

14 fund accounting procedures that will ensure proper 

15 disbursement of, and accounting for, Federal funds 

16 paid to the State under each such program; 

17 ‘‘(6) the State will— 

18 ‘‘(A) make reports to the Secretary as may 

19 be necessary to enable the Secretary to perform 

20 the Secretary’s duties under each such pro21 gram; and 

22 ‘‘(B) maintain such records, provide such 

23 information to the Secretary, and afford such 

24 access to the records as the Secretary may find 


rfrederick on DSK4SPTVN1PROD with BILLS
440 

•HR 5 IH

1 necessary to carry out the Secretary’s duties; 

2 and 

3 ‘‘(7) before the plan or application was sub4 mitted to the Secretary, the State afforded a reason5 able opportunity for public comment on the plan or 

6 application and considered such comment. 

7 ‘‘(b) GEPA PROVISION.—Section 441 of the General 

8 Education Provisions Act shall not apply to programs 

9 under this Act. 

10 ‘‘SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICA11 TIONS. 

12 ‘‘(a) GENERAL AUTHORITY.— 

13 ‘‘(1) CONSOLIDATED PLAN.—A local edu14 cational agency receiving funds under more than one 

15 covered program may submit plans or applications 

16 to the State educational agency under those pro17 grams on a consolidated basis. 

18 ‘‘(2) AVAILABILITY TO GOVERNOR.—The State 

19 educational agency shall make any consolidated local 

20 plans and applications available to the Governor. 

21 ‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA22 TIONS.—A State educational agency that has an approved 

23 consolidated State plan or application under section 5302 

24 may require local educational agencies in the State receiv25 ing funds under more than one program included in the 


rfrederick on DSK4SPTVN1PROD with BILLS
441 

•HR 5 IH

1 consolidated State plan or consolidated State application 

2 to submit consolidated local plans or applications under 

3 those programs, but may not require those agencies to 

4 submit separate plans. 

5 ‘‘(c) COLLABORATION.—A State educational agency, 

6 in consultation with the Governor, shall collaborate with 

7 local educational agencies in the State in establishing pro8 cedures for the submission of the consolidated State plans 

9 or consolidated State applications under this section. 

10 ‘‘(d) NECESSARY MATERIALS.—The State edu11 cational agency shall require only descriptions, informa12 tion, assurances, and other material that are absolutely 

13 necessary for the consideration of the local educational 

14 agency plan or application. 

15 ‘‘SEC. 5306. OTHER GENERAL ASSURANCES. 

16 ‘‘(a) ASSURANCES.—Any applicant, other than a 

17 State educational agency that submits a plan or applica18 tion under this Act, shall have on file with the State edu19 cational agency a single set of assurances, applicable to 

20 each program for which a plan or application is submitted, 

21 that provides that— 

22 ‘‘(1) each such program will be administered in 

23 accordance with all applicable statutes, regulations, 

24 program plans, and applications; 


rfrederick on DSK4SPTVN1PROD with BILLS
442 

•HR 5 IH

1 ‘‘(2)(A) the control of funds provided under 

2 each such program and title to property acquired 

3 with program funds will be in a public agency or in 

4 an eligible private agency, institution, organization, 

5 or Indian tribe, if the law authorizing the program 

6 provides for assistance to those entities; and 

7 ‘‘(B) the public agency, eligible private agency, 

8 institution, or organization, or Indian tribe will ad9 minister the funds and property to the extent re10 quired by the authorizing statutes; 

11 ‘‘(3) the applicant will adopt and use proper 

12 methods of administering each such program, in13 cluding— 

14 ‘‘(A) the enforcement of any obligations 

15 imposed by law on agencies, institutions, orga16 nizations, and other recipients responsible for 

17 carrying out each program; and 

18 ‘‘(B) the correction of deficiencies in pro19 gram operations that are identified through au20 dits, monitoring, or evaluation; 

21 ‘‘(4) the applicant will cooperate in carrying out 

22 any evaluation of each such program conducted by 

23 or for the State educational agency, the Secretary, 

24 or other Federal officials; 


rfrederick on DSK4SPTVN1PROD with BILLS
443 

•HR 5 IH

1 ‘‘(5) the applicant will use such fiscal control 

2 and fund accounting procedures as will ensure prop3 er disbursement of, and accounting for, Federal 

4 funds paid to the applicant under each such pro5 gram; 

6 ‘‘(6) the applicant will— 

7 ‘‘(A) submit such reports to the State edu8 cational agency (which shall make the reports 

9 available to the Governor) and the Secretary as 

10 the State educational agency and Secretary may 

11 require to enable the State educational agency 

12 and the Secretary to perform their duties under 

13 each such program; and 

14 ‘‘(B) maintain such records, provide such 

15 information, and afford such access to the 

16 records as the State educational agency (after 

17 consultation with the Governor) or the Sec18 retary may reasonably require to carry out the 

19 State educational agency’s or the Secretary’s 

20 duties; and 

21 ‘‘(7) before the application was submitted, the 

22 applicant afforded a reasonable opportunity for pub23 lic comment on the application and considered such 

24 comment. 


rfrederick on DSK4SPTVN1PROD with BILLS
444 

•HR 5 IH

1 ‘‘(b) GEPA PROVISION.—Section 442 of the General 

2 Education Provisions Act shall not apply to programs 

3 under this Act. 

4 ‘‘PART D—WAIVERS

5 ‘‘SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY RE6 QUIREMENTS. 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) REQUEST FOR WAIVER.—A State edu9 cational agency, local educational agency, or Indian 

10 tribe that receives funds under a program authorized 

11 under this Act may submit a request to the Sec12 retary to waive any statutory or regulatory require13 ment of this Act. 

14 ‘‘(2) RECEIPT OF WAIVER.—Except as provided 

15 in subsection (c) and subject to the limits in sub16 section (b)(5)(A), the Secretary shall waive any stat17 utory or regulatory requirement of this Act for a 

18 State educational agency, local educational agency, 

19 Indian tribe, or school (through a local educational 

20 agency), that submits a waiver request pursuant to 

21 this subsection. 

22 ‘‘(b) PLAN.— 

23 ‘‘(1) IN GENERAL.—A State educational agen24 cy, local educational agency, or Indian tribe that de25 sires a waiver under this section shall submit a waivVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
445 

•HR 5 IH

1 er request to the Secretary, which shall include a 

2 plan that— 

3 ‘‘(A) identifies the Federal programs af4 fected by the requested waiver; 

5 ‘‘(B) describes which Federal statutory or 

6 regulatory requirements are to be waived; 

7 ‘‘(C) reasonably demonstrates that the 

8 waiver will improve instruction for students and 

9 advance student academic achievement; 

10 ‘‘(D) describes the methods the State edu11 cational agency, local educational agency, or In12 dian tribe will use to monitor the effectiveness 

13 of the implementation of the plan; and 

14 ‘‘(E) describes how schools will continue to 

15 provide assistance to the same populations 

16 served by programs for which the waiver is re17 quested. 

18 ‘‘(2) ADDITIONAL INFORMATION.—A waiver re19 quest under this section— 

20 ‘‘(A) may provide for waivers of require21 ments applicable to State educational agencies, 

22 local educational agencies, Indian tribes, and 

23 schools; and 

24 ‘‘(B) shall be developed and submitted— 


rfrederick on DSK4SPTVN1PROD with BILLS
446 

•HR 5 IH

1 ‘‘(i)(I) by local educational agencies 

2 (on behalf of those agencies and schools) 

3 to State educational agencies; and 

4 ‘‘(II) by State educational agencies 

5 (on their own behalf, or on behalf of, and 

6 based on the requests of, local educational 

7 agencies in the State) to the Secretary; or 

8 ‘‘(ii) by Indian tribes (on behalf of 

9 schools operated by the tribes) to the Sec10 retary. 

11 ‘‘(3) GENERAL REQUIREMENTS.— 

12 ‘‘(A) STATE EDUCATIONAL AGENCIES.—In 

13 the case of a waiver request submitted by a 

14 State educational agency acting on its own be15 half, or on behalf of local educational agencies 

16 in the State, the State educational agency 

17 shall— 

18 ‘‘(i) provide the public and local edu19 cational agencies in the State with notice 

20 and a reasonable opportunity to comment 

21 and provide input on the request; 

22 ‘‘(ii) submit the comments and input 

23 to the Secretary, with a description of how 

24 the State addressed the comments and 

25 input; and 


rfrederick on DSK4SPTVN1PROD with BILLS
447 

•HR 5 IH

1 ‘‘(iii) provide notice and a reasonable 

2 time to comment to the public and local 

3 educational agencies in the manner in 

4 which the applying agency customarily pro5 vides similar notice and opportunity to 

6 comment to the public. 

7 ‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In 

8 the case of a waiver request submitted by a 

9 local educational agency that receives funds 

10 under this Act— 

11 ‘‘(i) the request shall be reviewed by 

12 the State educational agency and be ac13 companied by the comments, if any, of the 

14 State educational agency and the public; 

15 and 

16 ‘‘(ii) notice and a reasonable oppor17 tunity to comment regarding the waiver re18 quest shall be provided to the State edu19 cational agency and the public by the agen20 cy requesting the waiver in the manner in 

21 which that agency customarily provides 

22 similar notice and opportunity to comment 

23 to the public. 

24 ‘‘(4) PEER REVIEW.— 


rfrederick on DSK4SPTVN1PROD with BILLS
448 

•HR 5 IH

1 ‘‘(A) ESTABLISHMENT.—The Secretary 

2 shall establish a multi-disciplinary peer review 

3 team, which shall meet the requirements of sec4 tion 5543, to review waiver requests under this 

5 section. 

6 ‘‘(B) APPLICABILITY.—The Secretary may 

7 approve a waiver request under this section 

8 without conducting a peer review of the request, 

9 but shall use the peer review process under this 

10 paragraph before disapproving such a request. 

11 ‘‘(C) STANDARD AND NATURE OF RE12 VIEW.—Peer reviewers shall conduct a good 

13 faith review of waiver requests submitted to 

14 them under this section. Peer reviewers shall re15 view such waiver requests— 

16 ‘‘(i) in their totality; 

17 ‘‘(ii) in deference to State and local 

18 judgment; and 

19 ‘‘(iii) with the goal of promoting 

20 State- and local-led innovation. 

21 ‘‘(5) WAIVER DETERMINATION, DEMONSTRA22 TION, AND REVISION.— 

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

24 approve a waiver request not more than 60 

25 days after the date on which such request is 


rfrederick on DSK4SPTVN1PROD with BILLS
449 

•HR 5 IH

1 submitted, unless the Secretary determines and 

2 demonstrates that— 

3 ‘‘(i) the waiver request does not meet 

4 the requirements of this section; 

5 ‘‘(ii) the waiver is not permitted under 

6 subsection (c); 

7 ‘‘(iii) the plan that is required under 

8 paragraph (1)(C), and reviewed with def9 erence to State and local judgment, pro10 vides no reasonable evidence to determine 

11 that a waiver will enhance student aca12 demic achievement; or 

13 ‘‘(iv) the waiver request does not pro14 vide for adequate evaluation to ensure re15 view and continuous improvement of the 

16 plan. 

17 ‘‘(B) WAIVER DETERMINATION AND REVI18 SION.—If the Secretary determines and dem19 onstrates that the waiver request does not meet 

20 the requirements of this section, the Secretary 

21 shall— 

22 ‘‘(i) immediately— 

23 ‘‘(I) notify the State educational 

24 agency, local educational agency, or 


rfrederick on DSK4SPTVN1PROD with BILLS
450 

•HR 5 IH

1 Indian tribe of such determination; 

2 and 

3 ‘‘(II) at the request of the State 

4 educational agency, local educational 

5 agency, or Indian tribe, provide de6 tailed reasons for such determination 

7 in writing; 

8 ‘‘(ii) offer the State educational agen9 cy, local educational agency, or Indian 

10 tribe an opportunity to revise and resubmit 

11 the waiver request not more than 60 days 

12 after the date of such determination; and 

13 ‘‘(iii) if the Secretary determines that 

14 the resubmission does not meet the re15 quirements of this section, at the request 

16 of the State educational agency, local edu17 cational agency, or Indian tribe, conduct a 

18 public hearing not more than 30 days after 

19 the date of such resubmission. 

20 ‘‘(C) WAIVER DISAPPROVAL.—The Sec21 retary may disapprove a waiver request if— 

22 ‘‘(i) the State educational agency, 

23 local educational agency, or Indian tribe 

24 has been notified and offered an oppor25 tunity to revise and resubmit the waiver 


rfrederick on DSK4SPTVN1PROD with BILLS
451 

•HR 5 IH

1 request, as described under clauses (i) and 

2 (ii) of subparagraph (B); and 

3 ‘‘(ii) the State educational agency, 

4 local educational agency, or Indian tribe— 

5 ‘‘(I) does not revise and resubmit 

6 the waiver request; or 

7 ‘‘(II) revises and resubmits the 

8 waiver request, and the Secretary de9 termines that such waiver request 

10 does not meet the requirements of this 

11 section after a hearing conducted 

12 under subparagraph (B)(iii), if re13 quested. 

14 ‘‘(D) EXTERNAL CONDITIONS.—The Sec15 retary shall not, directly or indirectly, require or 

16 impose new or additional requirements in ex17 change for receipt of a waiver if such require18 ments are not specified in this Act. 

19 ‘‘(c) RESTRICTIONS.—The Secretary shall not waive 

20 under this section any statutory or regulatory require21 ments relating to— 

22 ‘‘(1) the allocation or distribution of funds to 

23 States, local educational agencies, Indian tribes, or 

24 other recipients of funds under this Act; 

25 ‘‘(2) comparability of services; 


rfrederick on DSK4SPTVN1PROD with BILLS
452 

•HR 5 IH

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

2 supplant, non-Federal funds; 

3 ‘‘(4) equitable participation of private school 

4 students and teachers; 

5 ‘‘(5) parental participation and involvement; 

6 ‘‘(6) applicable civil rights requirements; 

7 ‘‘(7) the prohibitions— 

8 ‘‘(A) in subpart 2 of part E; 

9 ‘‘(B) regarding use of funds for religious 

10 worship or instruction in section 5505; and 

11 ‘‘(C) regarding activities in section 5524; 

12 or 

13 ‘‘(8) the selection of a school attendance area or 

14 school under subsections (a) and (b) of section 1113, 

15 except that the Secretary may grant a waiver to 

16 allow a school attendance area or school to partici17 pate in activities under subpart 1 of part A of title 

18 I if the percentage of children from low-income fami19 lies in the school attendance area or who attend the 

20 school is not more than 10 percentage points below 

21 the lowest percentage of those children for any 

22 school attendance area or school of the local edu23 cational agency that meets the requirements of sub24 sections (a) and (b) of section 1113. 


rfrederick on DSK4SPTVN1PROD with BILLS
453 

•HR 5 IH

1 ‘‘(d) DURATION AND EXTENSION OF WAIVER; LIMI2 TATIONS.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), a waiver approved by the Secretary under 

5 this section may be for a period not to exceed 3 

6 years. 

7 ‘‘(2) EXTENSION.—The Secretary may extend 

8 the period described in paragraph (1) if the State 

9 demonstrates that— 

10 ‘‘(A) the waiver has been effective in ena11 bling the State or affected recipient to carry out 

12 the activities for which the waiver was re13 quested and the waiver has contributed to im14 proved student achievement; and 

15 ‘‘(B) the extension is in the public interest. 

16 ‘‘(3) SPECIFIC LIMITATIONS.—The Secretary 

17 shall not require a State educational agency, local 

18 educational agency, or Indian tribe, as a condition of 

19 approval of a waiver request, to— 

20 ‘‘(A) include in, or delete from, such re21 quest, specific academic standards; 

22 ‘‘(B) use specific academic assessment in23 struments or items; or 

24 ‘‘(C) include in, or delete from, such waiv25 er request any criterion that specifies, defines, 


rfrederick on DSK4SPTVN1PROD with BILLS
454 

•HR 5 IH

1 describes, or prescribes the standards or meas2 ures that a State or local educational agency or 

3 Indian tribe uses to establish, implement, or im4 prove— 

5 ‘‘(i) State academic standards; 

6 ‘‘(ii) academic assessments; 

7 ‘‘(iii) State accountability systems; or 

8 ‘‘(iv) teacher and school leader evalua9 tion systems. 

10 ‘‘(e) REPORTS.— 

11 ‘‘(1) WAIVER REPORTS.—A State educational 

12 agency, local educational agency, or Indian tribe 

13 that receives a waiver under this section shall, at the 

14 end of the second year for which a waiver is received 

15 under this section and each subsequent year, submit 

16 a report to the Secretary that— 

17 ‘‘(A) describes the uses of the waiver by 

18 the agency or by schools; 

19 ‘‘(B) describes how schools continued to 

20 provide assistance to the same populations 

21 served by the programs for which waivers were 

22 granted; and 

23 ‘‘(C) evaluates the progress of the agency 

24 and schools, or Indian tribe, in improving the 


rfrederick on DSK4SPTVN1PROD with BILLS
455 

•HR 5 IH

1 quality of instruction or the academic achieve2 ment of students. 

3 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

4 shall annually submit to the Committee on Edu5 cation and the Workforce of the House of Rep6 resentatives and the Committee on Health, Edu7 cation, Labor, and Pensions of the Senate a re8 port— 

9 ‘‘(A) summarizing the uses of waivers by 

10 State educational agencies, local educational 

11 agencies, Indian tribes, and schools; and 

12 ‘‘(B) describing the status of the waivers 

13 in improving academic achievement. 

14 ‘‘(f) TERMINATION OF WAIVERS.—The Secretary 

15 shall terminate a waiver under this section if the Secretary 

16 determines, after notice and an opportunity for a hearing, 

17 that the performance of the State or other recipient af18 fected by the waiver has been inadequate to justify a con19 tinuation of the waiver and the recipient of the waiver has 

20 failed to make revisions needed to carry out the purpose 

21 of the waiver, or if the waiver is no longer necessary to 

22 achieve its original purpose. 

23 ‘‘(g) PUBLICATION.—A notice of the Secretary’s deci24 sion to grant each waiver under subsection (a) shall be 

25 published in the Federal Register and the Secretary shall 


rfrederick on DSK4SPTVN1PROD with BILLS
456 

•HR 5 IH

1 provide for the dissemination of the notice to State edu2 cational agencies, interested parties, including educators, 

3 parents, students, advocacy and civil rights organizations, 

4 and the public. 

5 ‘‘PART E—UNIFORM PROVISIONS

6 ‘‘SUBPART 1—PRIVATE SCHOOLS

7 ‘‘SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHIL8 DREN AND TEACHERS. 

9 ‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 

10 ‘‘(1) IN GENERAL.—Except as otherwise pro11 vided in this Act, to the extent consistent with the 

12 number of eligible children in areas served by a 

13 State educational agency, local educational agency, 

14 educational service agency, consortium of those 

15 agencies, or another entity receiving financial assist16 ance under a program specified in subsection (b), 

17 who are enrolled in private elementary schools and 

18 secondary schools in areas served by such agency, 

19 consortium, or entity, the agency, consortium, or en20 tity shall, after timely and meaningful consultation 

21 with appropriate private school officials or their rep22 resentatives, provide to those children and their 

23 teachers or other educational personnel, on an equi24 table basis, special educational services or other ben25 efits that address their needs under the program. 


rfrederick on DSK4SPTVN1PROD with BILLS
457 

•HR 5 IH

1 ‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOG2 ICAL SERVICES OR BENEFITS.—Educational services 

3 or other benefits, including materials and equipment, 

4 provided under this section, shall be secular, neutral, 

5 and nonideological. 

6 ‘‘(3) SPECIAL RULE.—Educational services and 

7 other benefits provided under this section for private 

8 school children, teachers, and other educational per9 sonnel shall be equitable in comparison to services 

10 and other benefits for public school children, teach11 ers, and other educational personnel participating in 

12 the program and shall be provided in a timely man13 ner. 

14 ‘‘(4) EXPENDITURES.— 

15 ‘‘(A) IN GENERAL.—Expenditures for edu16 cational services and other benefits to eligible 

17 private school children, teachers, and other 

18 service personnel shall be equal to the expendi19 tures for participating public school children, 

20 taking into account the number and educational 

21 needs, of the children to be served. 

22 ‘‘(B) OBLIGATION OF FUNDS.—Funds allo23 cated to a local educational agency for edu24 cational services and other benefits to eligible 

25 private school children shall— 


rfrederick on DSK4SPTVN1PROD with BILLS
458 

•HR 5 IH

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

2 which the funds are received by the agen3 cy; and 

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

5 that cannot be so obligated, be used to 

6 serve such children in the following fiscal 

7 year. 

8 ‘‘(C) NOTICE OF ALLOCATION.—Each 

9 State educational agency shall— 

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

11 the proportion of funds to be allocated to 

12 each local educational agency in the State 

13 for educational services and other benefits 

14 under this subpart to eligible private school 

15 children; and 

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

17 each such local educational agency and the 

18 appropriate private school officials or their 

19 representatives in the State of such alloca20 tion of funds. 

21 ‘‘(5) PROVISION OF SERVICES.—An agency, 

22 consortium, or entity described in subsection (a)(1) 

23 of this section may provide those services directly or 

24 through contracts with public and private agencies, 

25 organizations, and institutions. 


rfrederick on DSK4SPTVN1PROD with BILLS
459 

•HR 5 IH

1 ‘‘(b) APPLICABILITY.— 

2 ‘‘(1) IN GENERAL.—This section applies to pro3 grams under— 

4 ‘‘(A) subpart 2 of part A of title I; 

5 ‘‘(B) subpart 4 of part A of title I; 

6 ‘‘(C) part A of title II; 

7 ‘‘(D) part B of title II; and 

8 ‘‘(E) part B of title III. 

9 ‘‘(2) DEFINITION.—For the purpose of this sec10 tion, the term ‘eligible children’ means children eligi11 ble for services under a program described in para12 graph (1). 

13 ‘‘(c) CONSULTATION.— 

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

15 meaningful consultation, a State educational agency, 

16 local educational agency, educational service agency, 

17 consortium of those agencies, or entity shall consult, 

18 in order to reach an agreement, with appropriate 

19 private school officials or their representatives dur20 ing the design and development of the programs 

21 under this Act, on issues such as— 

22 ‘‘(A) how the children’s needs will be iden23 tified; 

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


rfrederick on DSK4SPTVN1PROD with BILLS
460 

•HR 5 IH

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

2 will be provided; 

3 ‘‘(D) how the services will be assessed and 

4 how the results of the assessment will be used 

5 to improve those services; 

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

7 services to be provided to the eligible private 

8 school children, teachers, and other educational 

9 personnel and the amount of funds available for 

10 those services; 

11 ‘‘(F) how and when the agency, consor12 tium, or entity will make decisions about the 

13 delivery of services, including a thorough con14 sideration and analysis of the views of the pri15 vate school officials or their representatives on 

16 the provision of services through potential 

17 third-party providers or contractors; and 

18 ‘‘(G) how, if the agency disagrees with the 

19 views of the private school officials or their rep20 resentatives on the provision of services through 

21 a contract, the local educational agency will 

22 provide in writing to such private school offi23 cials or their representatives an analysis of the 

24 reasons why the local educational agency has 

25 chosen not to use a contractor. 


rfrederick on DSK4SPTVN1PROD with BILLS
461 

•HR 5 IH

1 ‘‘(2) DISAGREEMENT.—If the agency, consor2 tium, or entity disagrees with the views of the pri3 vate school officials or their representatives with re4 spect to an issue described in paragraph (1), the 

5 agency, consortium, or entity shall provide to the 

6 private school officials or their representatives a 

7 written explanation of the reasons why the local edu8 cational agency has chosen not to adopt the course 

9 of action requested by such officials or their rep10 resentatives. 

11 ‘‘(3) TIMING.—The consultation required by 

12 paragraph (1) shall occur before the agency, consor13 tium, or entity makes any decision that affects the 

14 opportunities of eligible private school children, 

15 teachers, and other educational personnel to partici16 pate in programs under this Act, and shall continue 

17 throughout the implementation and assessment of 

18 activities under this section. 

19 ‘‘(4) DISCUSSION REQUIRED.—The consultation 

20 required by paragraph (1) shall include a discussion 

21 of service delivery mechanisms that the agency, con22 sortium, or entity could use to provide equitable 

23 services to eligible private school children, teachers, 

24 administrators, and other staff. 


rfrederick on DSK4SPTVN1PROD with BILLS
462 

•HR 5 IH

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

2 agency shall maintain in the agency’s records and 

3 provide to the State educational agency involved a 

4 written affirmation signed by officials or their rep5 resentatives of each participating private school that 

6 the meaningful consultation required by this section 

7 has occurred. The written affirmation shall provide 

8 the option for private school officials or their rep9 resentatives to indicate that timely and meaningful 

10 consultation has not occurred or that the program 

11 design is not equitable with respect to eligible pri12 vate school children. If such officials or their rep13 resentatives do not provide such affirmation within 

14 a reasonable period of time, the local educational 

15 agency shall forward the documentation that such 

16 consultation has, or attempts at such consultation 

17 have, taken place to the State educational agency. 

18 ‘‘(6) COMPLIANCE.— 

19 ‘‘(A) IN GENERAL.—If the consultation re20 quired under this section is with a local edu21 cational agency or educational service agency, a 

22 private school official or representative shall 

23 have the right to file a complaint with the State 

24 educational agency that the consultation re25 quired under this section was not meaningful 


rfrederick on DSK4SPTVN1PROD with BILLS
463 

•HR 5 IH

1 and timely, did not give due consideration to 

2 the views of the private school official or rep3 resentative, or did not treat the private school 

4 or its students equitably as required by this sec5 tion. 

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

7 official or representative wishes to file a com8 plaint, the private school official or representa9 tive shall provide the basis of the noncompli10 ance with this section and all parties shall pro11 vide the appropriate documentation to the ap12 propriate officials or representatives. 

13 ‘‘(C) SERVICES.—A State educational 

14 agency shall provide services under this section 

15 directly or through contracts with public and 

16 private agencies, organizations, and institutions, 

17 if— 

18 ‘‘(i) the appropriate private school of19 ficials or their representatives have— 

20 ‘‘(I) requested that the State 

21 educational agency provide such serv22 ices directly; and 

23 ‘‘(II) demonstrated that the local 

24 educational agency or Education ServVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
464 

•HR 5 IH

1 ice Agency involved has not met the 

2 requirements of this section; or 

3 ‘‘(ii) in a case in which— 

4 ‘‘(I) a local educational agency 

5 has more than 10,000 children from 

6 low-income families who attend pri7 vate elementary schools or secondary 

8 schools in such agency’s school at9 tendance areas, as defined in section 

10 1113(a)(2)(A), that are not being 

11 served by the agency’s program under 

12 this section; or 

13 ‘‘(II) 90 percent of the eligible 

14 private school students in a school at15 tendance area, as defined in section 

16 1113(a)(2)(A), are not being served 

17 by the agency’s program under this 

18 section. 

19 ‘‘(d) PUBLIC CONTROL OF FUNDS.— 

20 ‘‘(1) IN GENERAL.—The control of funds used 

21 to provide services under this section, and title to 

22 materials, equipment, and property purchased with 

23 those funds, shall be in a public agency for the uses 

24 and purposes provided in this Act, and a public 

25 agency shall administer the funds and property. 


rfrederick on DSK4SPTVN1PROD with BILLS
465 

•HR 5 IH

1 ‘‘(2) PROVISION OF SERVICES.— 

2 ‘‘(A) IN GENERAL.—The provision of serv3 ices under this section shall be provided— 

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

5 or 

6 ‘‘(ii) through contract by the public 

7 agency with an individual, association, 

8 agency, organization, or other entity. 

9 ‘‘(B) INDEPENDENCE; PUBLIC AGENCY.— 

10 In the provision of those services, the employee, 

11 person, association, agency, organization, or 

12 other entity shall be independent of the private 

13 school and of any religious organization, and 

14 the employment or contract shall be under the 

15 control and supervision of the public agency. 

16 ‘‘(C) COMMINGLING OF FUNDS PROHIB17 ITED.—Funds used to provide services under 

18 this section shall not be commingled with non19 Federal funds. 

20 ‘‘SEC. 5502. STANDARDS FOR BY-PASS. 

21 ‘‘(a) IN GENERAL.—If, by reason of any provision of 

22 law, a State educational agency, local educational agency, 

23 educational service agency, consortium of those agencies, 

24 or other entity is prohibited from providing for the partici25 pation in programs of children enrolled in, or teachers or 


rfrederick on DSK4SPTVN1PROD with BILLS
466 

•HR 5 IH

1 other educational personnel from, private elementary 

2 schools and secondary schools, on an equitable basis, or 

3 if the Secretary determines that the agency, consortium, 

4 or entity has substantially failed or is unwilling to provide 

5 for that participation, as required by section 5501, the 

6 Secretary shall— 

7 ‘‘(1) waive the requirements of that section for 

8 the agency, consortium, or entity; and 

9 ‘‘(2) arrange for the provision of equitable serv10 ices to those children, teachers, or other educational 

11 personnel through arrangements that shall be sub12 ject to the requirements of this section and of sec13 tions 5501, 5503, and 5504. 

14 ‘‘(b) DETERMINATION.—In making the determina15 tion under subsection (a), the Secretary shall consider one 

16 or more factors, including the quality, size, scope, and lo17 cation of the program, and the opportunity of private 

18 school children, teachers, and other educational personnel 

19 to participate in the program. 

20 ‘‘SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF 

21 PRIVATE SCHOOL CHILDREN. 

22 ‘‘(a) PROCEDURES FOR COMPLAINTS.—The Sec23 retary shall develop and implement written procedures for 

24 receiving, investigating, and resolving complaints from 

25 parents, teachers, or other individuals and organizations 


rfrederick on DSK4SPTVN1PROD with BILLS
467 

•HR 5 IH

1 concerning violations of section 5501 by a State edu2 cational agency, local educational agency, educational 

3 service agency, consortium of those agencies, or entity. 

4 The individual or organization shall submit the complaint 

5 to the State educational agency for a written resolution 

6 by the State educational agency within 45 days. 

7 ‘‘(b) APPEALS TO SECRETARY.—The resolution may 

8 be appealed by an interested party to the Secretary not 

9 later than 30 days after the State educational agency re10 solves the complaint or fails to resolve the complaint with11 in the 45-day time limit. The appeal shall be accompanied 

12 by a copy of the State educational agency’s resolution, 

13 and, if there is one, a complete statement of the reasons 

14 supporting the appeal. The Secretary shall investigate and 

15 resolve the appeal not later than 90 days after receipt of 

16 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 

21 Federal Government shall, directly or indirectly, through 

22 grants, contracts, or other cooperative agreements, man23 date, direct, or control a State, local educational agency, 

24 or school’s specific instructional content, academic stand25 ards and assessments, curricula, or program of instrucVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
468 

•HR 5 IH

1 tion, nor shall anything in this Act be construed to author2 ize such officer or employee to do so. 

3 ‘‘(b) FINANCIAL SUPPORT.—No officer or employee 

4 of the Federal Government shall, directly or indirectly, 

5 through grants, contracts, or other cooperative agree6 ments, make financial support available in a manner that 

7 is conditioned upon a State, local educational agency, or 

8 school’s adoption of specific instructional content, aca9 demic standards and assessments, curriculum, or program 

10 of instruction even if such requirements are specified in 

11 an Act other than this Act, nor shall anything in this Act 

12 be construed to authorize such officer or employee to do 

13 so. 

14 ‘‘SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND 

15 USE OF FEDERAL FUNDS. 

16 ‘‘(a) GENERAL PROHIBITION.—Nothing in this Act 

17 shall be construed to authorize an officer or employee of 

18 the Federal Government directly or indirectly, whether 

19 through a grant, contract, or cooperative agreement, to 

20 mandate, direct, or control a State, local educational agen21 cy, or school’s curriculum, program of instruction, or allo22 cation of State or local resources, or mandate a State or 

23 any subdivision thereof to spend any funds or incur any 

24 costs not paid for under this Act. 


rfrederick on DSK4SPTVN1PROD with BILLS
469 

•HR 5 IH

1 ‘‘(b) PROHIBITION ON ENDORSEMENT OF CUR2 RICULUM.—Notwithstanding any other prohibition of Fed3 eral law, no funds provided to the Department under this 

4 Act may be used by the Department directly or indi5 rectly—whether through a grant, contract, or cooperative 

6 agreement—to endorse, approve, develop, require, or sanc7 tion any curriculum designed to be used in an elementary 

8 school or secondary school. 

9 ‘‘(c) LOCAL CONTROL.—Nothing in this Act shall be 

10 construed to— 

11 ‘‘(1) authorize an officer or employee of the 

12 Federal Government directly or indirectly—whether 

13 through a grant, contract, or cooperative agree14 ment—to mandate, direct, review, or control a State, 

15 local educational agency, or school’s instructional 

16 content, curriculum, and related activities; 

17 ‘‘(2) limit the application of the General Edu18 cation Provisions Act; 

19 ‘‘(3) require the distribution of scientifically or 

20 medically false or inaccurate materials or to prohibit 

21 the distribution of scientifically or medically true or 

22 accurate materials; or 

23 ‘‘(4) create any legally enforceable right. 

24 ‘‘(d) PROHIBITION ON REQUIRING FEDERAL AP25 PROVAL OR CERTIFICATION OF STANDARDS.—NotwithVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
470 

•HR 5 IH

1 standing any other provision of Federal law, no State shall 

2 be required to have academic standards approved or cer3 tified by the Federal Government, in order to receive as4 sistance under this Act. 

5 ‘‘(e) RULE OF CONSTRUCTION ON BUILDING STAND6 ARDS.—Nothing in this Act shall be construed to mandate 

7 national school building standards for a State, local edu8 cational agency, or school. 

9 ‘‘SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED 

10 TESTING. 

11 ‘‘(a) GENERAL PROHIBITION.—Notwithstanding any 

12 other provision of Federal law and except as provided in 

13 subsection (b), no funds provided under this Act to the 

14 Secretary or to the recipient of any award may be used 

15 to develop, pilot test, field test, implement, administer, or 

16 distribute any federally sponsored national test or testing 

17 materials in reading, mathematics, or any other subject, 

18 unless specifically and explicitly authorized by law. 

19 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

20 international comparative assessments developed under 

21 the authority of section 153(a)(5) of the Education 

22 Sciences Reform Act of 2002 and administered to only a 

23 representative sample of pupils in the United States and 

24 in foreign nations. 


rfrederick on DSK4SPTVN1PROD with BILLS
471 

•HR 5 IH

1 ‘‘SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CER2 TIFICATION FOR TEACHERS. 

3 ‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFI4 CATION OF TEACHERS.—Notwithstanding any other pro5 vision of this Act or any other provision of law, no funds 

6 available to the Department or otherwise available under 

7 this Act may be used for any purpose relating to a manda8 tory nationwide test or certification of teachers or edu9 cation paraprofessionals, including any planning, develop10 ment, implementation, or administration of such test or 

11 certification. 

12 ‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The 

13 Secretary is prohibited from withholding funds from any 

14 State educational agency or local educational agency if the 

15 State educational agency or local educational agency fails 

16 to adopt a specific method of teacher or paraprofessional 

17 certification. 

18 ‘‘SEC. 5525. PROHIBITED USES OF FUNDS. 

19 ‘‘No funds under this Act may be used— 

20 ‘‘(1) for construction, renovation, or repair of 

21 any school facility, except as authorized under title 

22 IV or otherwise authorized under this Act; 

23 ‘‘(2) for medical services, drug treatment or re24 habilitation, except for specialized instructional sup25 port services or referral to treatment for students 


rfrederick on DSK4SPTVN1PROD with BILLS
472 

•HR 5 IH

1 who are victims of, or witnesses to, crime or who il2 legally use drugs; 

3 ‘‘(3) for transportation unless otherwise author4 ized under this Act; 

5 ‘‘(4) to develop or distribute materials, or oper6 ate programs or courses of instruction directed at 

7 youth, that are designed to promote or encourage 

8 sexual activity, whether homosexual or heterosexual; 

9 ‘‘(5) to distribute or to aid in the distribution 

10 by any organization of legally obscene materials to 

11 minors on school grounds; 

12 ‘‘(6) to provide sex education or HIV-prevention 

13 education in schools unless that instruction is age 

14 appropriate and includes the health benefits of absti15 nence; or 

16 ‘‘(7) to operate a program of contraceptive dis17 tribution in schools. 

18 ‘‘SEC. 5526. PROHIBITION REGARDING STATE AID. 

19 ‘‘A State shall not take into consideration payments 

20 under this Act (other than under title IV) in determining 

21 the eligibility of any local educational agency in that State 

22 for State aid, or the amount of State aid, with respect 

23 to free public education of children. 


rfrederick on DSK4SPTVN1PROD with BILLS
473 

•HR 5 IH

1 ‘‘SUBPART 3—OTHER PROVISIONS

2 ‘‘SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STU3 DENTS AND STUDENT RECRUITING INFORMA4 TION. 

5 ‘‘(a) POLICY.— 

6 ‘‘(1) ACCESS TO STUDENT RECRUITING INFOR7 MATION.—Notwithstanding section 444(a)(5)(B) of 

8 the General Education Provisions Act, each local 

9 educational agency receiving assistance under this 

10 Act shall provide, upon a request made by a military 

11 recruiter or an institution of higher education, ac12 cess to the name, address, and telephone listing of 

13 each secondary school student served by the local 

14 educational agency, unless the parent of such stu15 dent has submitted the prior consent request under 

16 paragraph (2). 

17 ‘‘(2) CONSENT.— 

18 ‘‘(A) OPT-OUT PROCESS.—A parent of a 

19 secondary school student may submit a written 

20 request, to the local educational agency, that 

21 the student’s name, address, and telephone list22 ing not be released for purposes of paragraph 

23 (1) without prior written consent of the parent. 

24 Upon receiving such request, the local edu25 cational agency may not release the student’s 


rfrederick on DSK4SPTVN1PROD with BILLS
474 

•HR 5 IH

1 name, address, and telephone listing for such 

2 purposes without the prior written consent of 

3 the parent. 

4 ‘‘(B) NOTIFICATION OF OPT-OUT PROC5 ESS.—Each local educational agency shall no6 tify the parents of the students served by the 

7 agency of the option to make a request de8 scribed in subparagraph (A). 

9 ‘‘(3) SAME ACCESS TO STUDENTS.—Each local 

10 educational agency receiving assistance under this 

11 Act shall provide military recruiters the same access 

12 to secondary school students as is provided generally 

13 to institutions of higher education or to prospective 

14 employers of those students. 

15 ‘‘(4) RULE OF CONSTRUCTION PROHIBITING

16 OPT-IN PROCESSES.—Nothing in this subsection 

17 shall be construed to allow a local educational agen18 cy to withhold access to a student’s name, address, 

19 and telephone listing from a military recruiter or in20 stitution of higher education by implementing an 

21 opt-in process or any other process other than the 

22 written consent request process under paragraph 

23 (2)(A). 

24 ‘‘(5) PARENTAL CONSENT.—For purposes of 

25 this subsection, whenever a student has attained 18 


rfrederick on DSK4SPTVN1PROD with BILLS
475 

•HR 5 IH

1 years of age, the permission or consent required of 

2 and the rights accorded to the parents of the stu3 dent shall only be required of and accorded to the 

4 student. 

5 ‘‘(b) NOTIFICATION.—The Secretary, in consultation 

6 with the Secretary of Defense, shall, not later than 120 

7 days after the date of enactment of the Student Success 

8 Act, notify school leaders, school administrators, and other 

9 educators about the requirements of this section. 

10 ‘‘(c) EXCEPTION.—The requirements of this section 

11 do not apply to a private secondary school that maintains 

12 a religious objection to service in the Armed Forces if the 

13 objection is verifiable through the corporate or other orga14 nizational documents or materials of that school. 

15 ‘‘SEC. 5542. RULEMAKING. 

16 ‘‘The Secretary shall issue regulations under this Act 

17 as prescribed under section 1401 only to the extent that 

18 such regulations are necessary to ensure that there is com19 pliance with the specific requirements and assurances re20 quired by this Act. 

21 ‘‘SEC. 5543. PEER REVIEW. 

22 ‘‘(a) IN GENERAL.—If the Secretary uses a peer re23 view panel to evaluate an application for any program re24 quired under this Act, the Secretary shall conduct the 

25 panel in accordance with this section. 


rfrederick on DSK4SPTVN1PROD with BILLS
476 

•HR 5 IH

1 ‘‘(b) MAKEUP.—The Secretary shall— 

2 ‘‘(1) solicit nominations for peers to serve on 

3 the panel from States that are— 

4 ‘‘(A) practitioners in the subject matter; or 

5 ‘‘(B) experts in the subject matter; and 

6 ‘‘(2) select the peers from such nominees, ex7 cept that there shall be at least 75 percent practi8 tioners on each panel and in each group formed 

9 from the panel. 

10 ‘‘(c) GUIDANCE.—The Secretary shall issue the peer 

11 review guidance concurrently with the notice of the grant. 

12 ‘‘(d) REPORTING.—The Secretary shall— 

13 ‘‘(1) make the names of the peer reviewers 

14 available to the public before the final deadline for 

15 the application of the grant; 

16 ‘‘(2) make the peer review notes publically 

17 available once the review has concluded; and 

18 ‘‘(3) make any deviations from the peer review19 ers’ recommendations available to the public with an 

20 explanation of the deviation. 

21 ‘‘(e) APPLICANT REVIEWS.—An applicant shall have 

22 an opportunity within 30 days to review the peer review 

23 notes and appeal the score to the Secretary prior to the 

24 Secretary making any final determination. 


rfrederick on DSK4SPTVN1PROD with BILLS
477 

•HR 5 IH

1 ‘‘(f) PROHIBITION.—The Secretary, and the Sec2 retary’s staff, may not attempt to participate in, or influ3 ence, the peer review process. No Federal employee may 

4 participate in, or attempt to influence the peer review 

5 process, except to respond to questions of a technical na6 ture, which shall be publicly reported. 

7 ‘‘SEC. 5544. PARENTAL CONSENT. 

8 ‘‘Upon receipt of written notification from the par9 ents or legal guardians of a student, the local educational 

10 agency shall withdraw such student from any program 

11 funded under part B of title III. The local educational 

12 agency shall make reasonable efforts to inform parents or 

13 legal guardians of the content of such programs or activi14 ties funded under this Act, other than classroom instruc15 tion. 

16 ‘‘SEC. 5548. SEVERABILITY. 

17 ‘‘If any provision of this Act is held invalid, the re18 mainder of this Act shall be unaffected thereby. 

19 ‘‘SEC. 5549. DEPARTMENT STAFF. 

20 ‘‘The Secretary shall— 

21 ‘‘(1) not later than 60 days after the date of 

22 the enactment of the Student Success Act, identify 

23 the number of Department employees who worked 

24 on or administered each education program and 

25 project authorized under this Act, as such program 


rfrederick on DSK4SPTVN1PROD with BILLS
478 

•HR 5 IH

1 or project was in effect on the day before such en2 actment date, and publish such information on the 

3 Department’s website; 

4 ‘‘(2) not later than 60 days after such enact5 ment date, identify the number of full-time equiva6 lent employees who work on or administer programs 

7 or projects authorized under this Act, as in effect on 

8 the day before such enactment date, that have been 

9 eliminated or consolidated since such date; 

10 ‘‘(3) not later than 1 year after such enactment 

11 date, reduce the workforce of the Department by the 

12 number of full-time equivalent employees the De13 partment calculated under paragraph (2); and 

14 ‘‘(4) not later than 1 year after such enactment 

15 date, report to the Congress on— 

16 ‘‘(A) the number of employees associated 

17 with each program or project authorized under 

18 this Act administered by the Department; 

19 ‘‘(B) the number of full-time equivalent 

20 employees who were determined to be associated 

21 with eliminated or consolidated programs or 

22 projects under paragraph (2); and 

23 ‘‘(C) how the Secretary reduced the num24 ber of employees at the Department under 

25 paragraph (3). 


rfrederick on DSK4SPTVN1PROD with BILLS
479 

•HR 5 IH

1 ‘‘PART F—EVALUATIONS

2 ‘‘SEC. 5601. EVALUATIONS. 

3 ‘‘(a) RESERVATION OF FUNDS.—Except as provided 

4 in subsections (c) and (d), the Secretary may reserve not 

5 more than 0.5 percent of the amount appropriated to 

6 carry out each categorical program authorized under this 

7 Act. The reserved amounts shall be used by the Secretary, 

8 acting through the Director of the Institute of Education 

9 Sciences— 

10 ‘‘(1) to conduct— 

11 ‘‘(A) comprehensive evaluations of the pro12 gram or project; and 

13 ‘‘(B) studies of the effectiveness of the pro14 gram or project and its administrative impact 

15 on schools and local educational agencies; 

16 ‘‘(2) to evaluate the aggregate short- and long17 term effects and cost efficiencies across Federal pro18 grams assisted or authorized under this Act and re19 lated Federal preschool, elementary, and secondary 

20 programs under any other Federal law; and 

21 ‘‘(3) to increase the usefulness of evaluations of 

22 grant recipients in order to ensure the continuous 

23 progress of the program or project by improving the 

24 quality, timeliness, efficiency, and use of information 


rfrederick on DSK4SPTVN1PROD with BILLS
480 

•HR 5 IH

1 relating to performance under the program or 

2 project. 

3 ‘‘(b) REQUIRED PLAN.—The Secretary, acting 

4 through the Director of the Institute of Education 

5 Sciences, may use the reserved amount under subsection 

6 (a) only after completion of a comprehensive, multi-year 

7 plan— 

8 ‘‘(1) for the periodic evaluation of each of the 

9 major categorical programs authorized under this 

10 Act, and as resources permit, the smaller categorical 

11 programs authorized under this Act; 

12 ‘‘(2) that shall be developed and implemented 

13 with the involvement of other officials at the Depart14 ment, as appropriate; and 

15 ‘‘(3) that shall not be finalized until— 

16 ‘‘(A) the publication of a notice in the Fed17 eral Register seeking public comment on such 

18 plan and after review by the Secretary of such 

19 comments; and 

20 ‘‘(B) the plan is submitted for comment to 

21 the Committee on Education and the Workforce 

22 of the House of Representatives and the Com23 mittee on Health, Education, Labor, and Pen24 sions of the Senate and after review by the Sec25 retary of such comments. 


rfrederick on DSK4SPTVN1PROD with BILLS
481 

•HR 5 IH

1 ‘‘(c) TITLE I EXCLUDED.—The Secretary may not 

2 reserve under subsection (a) funds appropriated to carry 

3 out any program authorized under title I. 

4 ‘‘(d) EVALUATION ACTIVITIES AUTHORIZED ELSE5 WHERE.—If, under any other provision of this Act (other 

6 than title I), funds are authorized to be reserved or used 

7 for evaluation activities with respect to a program or 

8 project, the Secretary may not reserve additional funds 

9 under this section for the evaluation of that program or 

10 project.’’. 

11 (b) TECHNICAL AMENDMENTS.— 

12 (1) TITLE IX.— 

13 (A) SUBPART 1 OF PART E OF TITLE V.— 

14 (i) TRANSFER AND REDESIGNA15 TION.—Sections 9504 through 9506 (20 

16 U.S.C. 7884; 7885; 7886) are— 

17 (I) transferred to title V, as 

18 amended by subsection (a) of this sec19 tion; 

20 (II) inserted after section 5503 

21 of such title; and 

22 (III) redesignated as sections 

23 5504 through 5506, respectively. 

24 (ii) AMENDMENTS.—Section 5504 (as 

25 so redesignated) is amended— 


rfrederick on DSK4SPTVN1PROD with BILLS
482 

•HR 5 IH

1 (I) in subsection (a)(1)(A), by 

2 striking ‘‘section 9502’’ and inserting 

3 ‘‘section 5502’’; 

4 (II) in subsection (b), by striking 

5 ‘‘section 9501’’ and inserting ‘‘section 

6 5501’’; and 

7 (III) in subsection (d), by strik8 ing ‘‘No Child Left Behind Act of 

9 2001’’ and inserting ‘‘Student Success 

10 Act’’. 

11 (B) SUBPART 2 OF PART E OF TITLE V.— 

12 (i) TRANSFER AND REDESIGNA13 TION.—Sections 9531, 9533, and 9534 (20 

14 U.S.C. 7911; 7913; 7914) are— 

15 (I) transferred to title V, as 

16 amended by subparagraph (A) of this 

17 paragraph; 

18 (II) inserted after section 5525 

19 of such title; and 

20 (III) redesignated as sections 

21 5526 through 5528, respectively. 

22 (ii) AMENDMENTS.—Section 5528 (as 

23 so redesignated) is amended— 


rfrederick on DSK4SPTVN1PROD with BILLS
483 

•HR 5 IH

1 (I) by striking ‘‘(a) IN GEN2 ERAL.—Nothing’’ and inserting 

3 ‘‘Nothing’’; and 

4 (II) by striking subsection (b). 

5 (C) SUBPART 3 OF PART E OF TITLE V.— 

6 Sections 9523, 9524, and 9525 (20 U.S.C. 

7 7903; 7904; 7905) are— 

8 (i) transferred to title V, as amended 

9 by subparagraph (B) of this paragraph; 

10 (ii) inserted after section 5544 of such 

11 title; and 

12 (iii) redesignated as sections 5545 

13 through 5547, respectively. 

14 (2) TITLE IV.—Sections 4141 and 4155 (20 

15 U.S.C. 7151; 7161) are— 

16 (A) transferred to title V, as amended by 

17 paragraph (1) of this subsection; 

18 (B) inserted after section 5548 (as so re19 designated by paragraph (1)(C)(iii) of this sub20 section); and 

21 (C) redesignated as sections 5549 and 

22 5550, respectively. 

23 SEC. 502. REPEAL. 

24 Title IX (20 U.S.C. 7801 et seq.), as amended by 

25 section 201(b)(1) of this title, is repealed. 


rfrederick on DSK4SPTVN1PROD with BILLS
484 

•HR 5 IH

1 SEC. 503. OTHER LAWS. 

2 Beginning on the date of the enactment of this Act, 

3 any reference in law to the term ‘‘highly qualified’’ as de4 fined in section 9101 of the Elementary and Secondary 

5 Education Act of 1965 shall be treated as a reference to 

6 such term under section 9101 of the Elementary and Sec7 ondary Education Act of 1965 as in effect on the day be8 fore the date of the enactment of this Act. 

9 SEC. 504. AMENDMENT TO IDEA. 

10 Section 602 of the Individuals with Disabilities Edu11 cation Act (20 U.S.C. 1401) is amended by striking para12 graph (10). 

13 TITLE VI—REPEAL 

14 SEC. 601. REPEAL OF TITLE VI. 

15 The Act is amended by striking title VI (20 U.S.C. 

16 7301 et seq.). 

17 TITLE VII—HOMELESS 

18 EDUCATION 

19 SEC. 701. STATEMENT OF POLICY. 

20 Section 721 of the McKinney-Vento Homeless Assist21 ance Act (42 U.S.C. 11431) is amended— 

22 (1) by amending paragraph (2) to read as fol23 lows: 

24 ‘‘(2) In any State where compulsory residency 

25 requirements or other requirements, laws, regula26 tions, practices, or policies may act as a barrier to 


rfrederick on DSK4SPTVN1PROD with BILLS
485 

•HR 5 IH

1 the identification, enrollment, attendance, or success 

2 in school of homeless children and youths, the State 

3 and local educational agencies will review and under4 take steps to revise such laws, regulations, practices, 

5 or policies to ensure that homeless children and 

6 youths are afforded the same free, appropriate pub7 lic education as is provided to other children and 

8 youths.’’; 

9 (2) in paragraph (3), by striking ‘‘alone’’; and 

10 (3) in paragraph (4), by striking ‘‘challenging 

11 State student academic achievement’’ and inserting 

12 ‘‘State academic’’. 

13 SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 

14 THE EDUCATION OF HOMELESS CHILDREN 

15 AND YOUTHS. 

16 Section 722 of such Act (42 U.S.C. 11432) is amend17 ed— 

18 (1) in subsection (a), by striking ‘‘(g).’’ and in19 serting ‘‘(h).’’; 

20 (2) by striking subsection (b); 

21 (3) in subsection (c)— 

22 (A) in paragraph (1)(A)— 

23 (i) in clause (i), by adding ‘‘or’’ at the 

24 end; 


rfrederick on DSK4SPTVN1PROD with BILLS
486 

•HR 5 IH

1 (ii) in clause (ii), by striking ‘‘; or’’ at 

2 the end and inserting a period; and 

3 (iii) by striking clause (iii); and 

4 (B) by striking paragraph (3); 

5 (4) in subsection (d)— 

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

7 by striking ‘‘Grants’’ and inserting ‘‘Grant 

8 funds from a grant made to a State’’; 

9 (B) by amending paragraph (2) to read as 

10 follows: 

11 ‘‘(2) To provide services and activities to im12 prove the identification of homeless children (includ13 ing preschool-aged homeless children and youths) 

14 that enable such children and youths to enroll in, at15 tend, and succeed in school, or, if appropriate, in 

16 preschool programs.’’; 

17 (C) in paragraph (3), by inserting before 

18 the period at the end the following: ‘‘that can 

19 sufficiently carry out the duties described in 

20 this subtitle’’; and 

21 (D) by amending paragraph (5) to read as 

22 follows: 

23 ‘‘(5) To develop and implement professional de24 velopment programs for liaisons designated under 


rfrederick on DSK4SPTVN1PROD with BILLS
487 

•HR 5 IH

1 subsection (g)(1)(J)(ii) and other local educational 

2 agency personnel— 

3 ‘‘(A) to improve their identification of 

4 homeless children and youths; and 

5 ‘‘(B) to heighten their awareness of, and 

6 capacity to respond to, specific needs in the 

7 education of homeless children and youths.’’; 

8 (5) in subsection (e)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘sums’’ and inserting 

11 ‘‘grant funds’’; and 

12 (ii) by inserting ‘‘a State under sub13 section (a) to’’ after ‘‘each year to’’; 

14 (B) in paragraph (2), by striking ‘‘funds 

15 made available for State use under this sub16 title’’ and inserting ‘‘the grant funds remaining 

17 after the State educational agency distributes 

18 subgrants under paragraph (1)’’; and 

19 (C) in paragraph (3)— 

20 (i) in subparagraph (C)(iv)(II), by 

21 striking ‘‘sections 1111 and 1116’’ and in22 serting ‘‘section 1111’’; and 

23 (ii) in subparagraph (F)— 

24 (I) in clause (i)— 


rfrederick on DSK4SPTVN1PROD with BILLS
488 

•HR 5 IH

1 (aa) in the matter preceding 

2 subclause (I), by striking ‘‘a re3 port’’ and inserting ‘‘an annual 

4 report’’; 

5 (bb) by striking ‘‘and’’ at 

6 the end of subclause (II); 

7 (cc) by striking the period at 

8 the end of subclause (III) and in9 serting ‘‘; and’’; and 

10 (dd) by adding at the end 

11 the following: 

12 ‘‘(IV) the progress the separate 

13 schools are making in helping all stu14 dents meet the State academic stand15 ards.’’; and 

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

17 ‘‘Not later than 2 years after the date 

18 of enactment of the McKinney-Vento 

19 Homeless Education Assistance Im20 provements Act of 2001, the’’ and in21 serting ‘‘The’’; 

22 (6) by amending subsection (f) to read as fol23 lows: 


rfrederick on DSK4SPTVN1PROD with BILLS
489 

•HR 5 IH

1 ‘‘(f) FUNCTIONS OF THE OFFICE OF COORDI2 NATOR.—The Coordinator for Education of Homeless 

3 Children and Youths established in each State shall— 

4 ‘‘(1) gather and make publically available reli5 able, valid, and comprehensive information on— 

6 ‘‘(A) the number of homeless children and 

7 youths identified in the State, posted annually 

8 on the State educational agency’s website; 

9 ‘‘(B) the nature and extent of the problems 

10 homeless children and youths have in gaining 

11 access to public preschool programs and to pub12 lic elementary schools and secondary schools; 

13 ‘‘(C) the difficulties in identifying the spe14 cial needs and barriers to the participation and 

15 achievement of such children and youths; 

16 ‘‘(D) any progress made by the State edu17 cational agency and local educational agencies 

18 in the State in addressing such problems and 

19 difficulties; and 

20 ‘‘(E) the success of the programs under 

21 this subtitle in identifying homeless children 

22 and youths and allowing such children and 

23 youths to enroll in, attend, and succeed in, 

24 school; 


rfrederick on DSK4SPTVN1PROD with BILLS
490 

•HR 5 IH

1 ‘‘(2) develop and carry out the State plan de2 scribed in subsection (g); 

3 ‘‘(3) collect data for and transmit to the Sec4 retary, at such time and in such manner as the Sec5 retary may require, a report containing information 

6 necessary to assess the educational needs of home7 less children and youths within the State, including 

8 data necessary for the Secretary to fulfill the respon9 sibilities under section 724(h); 

10 ‘‘(4) in order to improve the provision of com11 prehensive education and related support services to 

12 homeless children and youths and their families, co13 ordinate and collaborate with— 

14 ‘‘(A) educators, including teachers, special 

15 education personnel, administrators, and child 

16 development and preschool program personnel; 

17 ‘‘(B) providers of services to homeless chil18 dren and youths and their families, including 

19 services of public and private child welfare and 

20 social services agencies, law enforcement agen21 cies, juvenile and family courts, agencies pro22 viding mental health services, domestic violence 

23 agencies, child care providers, runaway and 

24 homeless youth centers, and providers of serv25 ices and programs funded under the Runaway 


rfrederick on DSK4SPTVN1PROD with BILLS
491 

•HR 5 IH

1 and Homeless Youth Act (42 U.S.C. 5701 et 

2 seq.); 

3 ‘‘(C) providers of emergency, transitional, 

4 and permanent housing to homeless children 

5 and youths, and their families, including public 

6 housing agencies, shelter operators, operators of 

7 transitional housing facilities, and providers of 

8 transitional living programs for homeless 

9 youths; 

10 ‘‘(D) local educational agency liaisons des11 ignated under subsection (g)(1)(J)(ii) for home12 less children and youths; and 

13 ‘‘(E) community organizations and groups 

14 representing homeless children and youths and 

15 their families; 

16 ‘‘(5) provide technical assistance to local edu17 cational agencies, in coordination with local edu18 cational agency liaisons designated under subsection 

19 (g)(1)(J)(ii), to ensure that local educational agen20 cies comply with the requirements of subsection 

21 (e)(3), paragraphs (3) through (7) of subsection (g), 

22 and subsection (h); 

23 ‘‘(6) provide professional development opportu24 nities for local educational agency personnel and the 

25 homeless liaison designated under subsection 


rfrederick on DSK4SPTVN1PROD with BILLS
492 

•HR 5 IH

1 (g)(1)(J)(ii) to assist such personnel in meeting the 

2 needs of homeless children and youths; and 

3 ‘‘(7) respond to inquiries from parents and 

4 guardians of homeless children and youths and un5 accompanied youths to ensure that each child or 

6 youth who is the subject of such an inquiry receives 

7 the full protections and services provided by this 

8 subtitle.’’; 

9 (7) by amending subsection (g) to read as fol10 lows: 

11 ‘‘(g) STATE PLAN.— 

12 ‘‘(1) IN GENERAL.—In order to be eligible to 

13 receive a grant under this section, each State edu14 cational agency shall submit to the Secretary a plan 

15 to provide for the education of homeless children 

16 and youths within the State that includes the fol17 lowing: 

18 ‘‘(A) A description of how such children 

19 and youths are (or will be) given the oppor20 tunity to meet the same State academic stand21 ards that all students are expected to meet. 

22 ‘‘(B) A description of the procedures the 

23 State educational agency will use to identify 

24 such children and youths in the State and to 

25 assess their needs. 


rfrederick on DSK4SPTVN1PROD with BILLS
493 

•HR 5 IH

1 ‘‘(C) A description of procedures for the 

2 prompt resolution of disputes regarding the 

3 educational placement of homeless children and 

4 youths. 

5 ‘‘(D) A description of programs for school 

6 personnel (including liaisons, school leaders, at7 tendance officers, teachers, enrollment per8 sonnel, and specialized instructional support 

9 personnel) to heighten the awareness of such 

10 personnel of the specific needs of homeless ado11 lescents, including runaway and homeless 

12 youths. 

13 ‘‘(E) A description of procedures that en14 sure that homeless children and youths who 

15 meet the relevant eligibility criteria are able to 

16 participate in Federal, State, or local nutrition 

17 programs. 

18 ‘‘(F) A description of procedures that en19 sure that— 

20 ‘‘(i) homeless children have equal ac21 cess to public preschool programs, adminis22 tered by the State educational agency or 

23 local educational agency, as provided to 

24 other children in the State; 


rfrederick on DSK4SPTVN1PROD with BILLS
494 

•HR 5 IH

1 ‘‘(ii) homeless youths and youths sep2 arated from public schools are identified 

3 and accorded equal access to appropriate 

4 secondary education and support services; 

5 and 

6 ‘‘(iii) homeless children and youth 

7 who meet the relevant eligibility criteria 

8 are able to participate in Federal, State, or 

9 local education programs. 

10 ‘‘(G) Strategies to address problems identi11 fied in the report provided to the Secretary 

12 under subsection (f)(3). 

13 ‘‘(H) Strategies to address other problems 

14 with respect to the education of homeless chil15 dren and youths, including problems resulting 

16 from enrollment delays that are caused by— 

17 ‘‘(i) immunization and other health 

18 records requirements; 

19 ‘‘(ii) residency requirements; 

20 ‘‘(iii) lack of birth certificates, school 

21 records, or other documentation; 

22 ‘‘(iv) guardianship issues; or 

23 ‘‘(v) uniform or dress code require24 ments. 


rfrederick on DSK4SPTVN1PROD with BILLS
495 

•HR 5 IH

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 Fed19 eral programs, as a local educational agen20 cy liaison for homeless children and 

21 youths, to carry out the duties described in 

22 paragraph (6)(A). 

23 ‘‘(iii) The State and its local edu24 cational agencies will adopt policies and 

25 practices to ensure that transportation is 


rfrederick on DSK4SPTVN1PROD with BILLS
496 

•HR 5 IH

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 

11 or youth’s transportation to and from 

12 the school of origin shall be provided 

13 or arranged by the local educational 

14 agency in which the school of origin is 

15 located. 

16 ‘‘(II) If the child’s or youth’s liv17 ing arrangements in the area served 

18 by the local educational agency of ori19 gin terminate and the child or youth, 

20 though continuing his or her edu21 cation in the school of origin, begins 

22 living in an area served by another 

23 local educational agency, the local 

24 educational agency of origin and the 

25 local educational agency in which the 


rfrederick on DSK4SPTVN1PROD with BILLS
497 

•HR 5 IH

1 child or youth is living shall agree 

2 upon a method to apportion the re3 sponsibility and costs for providing 

4 the child with transportation to and 

5 from the school of origin. If the local 

6 educational agencies are unable to 

7 agree upon such method, the responsi8 bility and costs for transportation 

9 shall be shared equally. 

10 ‘‘(2) COMPLIANCE.— 

11 ‘‘(A) IN GENERAL.—Each plan adopted 

12 under this subsection shall also describe how 

13 the State will ensure that local educational 

14 agencies in the State will comply with the re15 quirements of paragraphs (3) through (7). 

16 ‘‘(B) COORDINATION.—Such plan shall in17 dicate what technical assistance the State will 

18 furnish to local educational agencies and how 

19 compliance efforts will be coordinated with the 

20 local educational agency liaisons designated 

21 under paragraph (1)(J)(ii). 

22 ‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE23 MENTS.— 

24 ‘‘(A) IN GENERAL.—The local educational 

25 agency serving each child or youth to be asVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
498 

•HR 5 IH

1 sisted under this subtitle shall, according to the 

2 child’s or youth’s best interest— 

3 ‘‘(i) continue the child’s or youth’s 

4 education in the school of origin for the 

5 duration of homelessness— 

6 ‘‘(I) in any case in which a fam7 ily becomes homeless between aca8 demic years or during an academic 

9 year; or 

10 ‘‘(II) for the remainder of the 

11 academic year, if the child or youth 

12 becomes permanently housed during 

13 an academic year; or 

14 ‘‘(ii) enroll the child or youth in any 

15 public school that nonhomeless students 

16 who live in the attendance area in which 

17 the child or youth is actually living are eli18 gible to attend. 

19 ‘‘(B) SCHOOL STABILITY.—In determining 

20 the best interest of the child or youth under 

21 subparagraph (A), the local educational agency 

22 shall— 

23 ‘‘(i) presume that keeping the child or 

24 youth in the school of origin is in the child 

25 or youth’s best interest, except when doing 


rfrederick on DSK4SPTVN1PROD with BILLS
499 

•HR 5 IH

1 so is contrary to the wishes of the child’s 

2 or youth’s parent or guardian, or the unac3 companied youth; 

4 ‘‘(ii) consider student-centered factors 

5 related to the child’s or youth’s best inter6 est, including factors related to the impact 

7 of mobility on achievement, education, 

8 health, and safety of homeless children and 

9 youth, giving priority to the wishes of the 

10 homeless child’s or youth’s parent of 

11 guardian or the unaccompanied youth in12 volved; 

13 ‘‘(iii) if, after conducting the best in14 terest determination based on consider15 ation of the presumption in clause (i) and 

16 the student-centered factors in clause (ii), 

17 the local educational agency determines 

18 that it is not in the child’s or youth’s best 

19 interest to attend the school of origin or 

20 the school requested by the parent, guard21 ian, or unaccompanied youth, provide the 

22 child’s or youth’s parent or guardian or 

23 the unaccompanied youth with a written 

24 explanation of the reasons for its deter25 mination, in a manner and form underVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
500 

•HR 5 IH

1 standable to such parent, guardian, or un2 accompanied youth, including information 

3 regarding the right to appeal under sub4 paragraph (E); and 

5 ‘‘(iv) in the case of an unaccompanied 

6 youth, ensure that the homeless liaison 

7 designated under paragraph (1)(J)(ii) as8 sists in placement or enrollment decisions 

9 under this subparagraph, gives priority to 

10 the views of such unaccompanied youth, 

11 and provides notice to such youth of the 

12 right to appeal under subparagraph (E). 

13 ‘‘(C) ENROLLMENT.— 

14 ‘‘(i) IN GENERAL.—The school se15 lected in accordance with this paragraph 

16 shall immediately enroll the homeless child 

17 or youth, even if the child or youth— 

18 ‘‘(I) is unable to produce records 

19 normally required for enrollment, such 

20 as previous academic records, records 

21 of immunization and other required 

22 health records, proof of residency, or 

23 other documentation; or 


rfrederick on DSK4SPTVN1PROD with BILLS
501 

•HR 5 IH

1 ‘‘(II) has missed application or 

2 enrollment deadlines during any pe3 riod of homelessness. 

4 ‘‘(ii) RELEVANT ACADEMIC

5 RECORDS.—The enrolling school shall im6 mediately contact the school last attended 

7 by the child or youth to obtain relevant 

8 academic and other records. 

9 ‘‘(iii) RELEVANT HEALTH RECORDS.— 

10 If the child or youth needs to obtain immu11 nizations or other required health records, 

12 the enrolling school shall immediately refer 

13 the parent or guardian of the child or 

14 youth, or the unaccompanied child or 

15 youth, to the local educational agency liai16 son designated under paragraph (1)(J)(ii), 

17 who shall assist in obtaining necessary im18 munizations or screenings, or immuniza19 tion or other required health records, in 

20 accordance with subparagraph (D). 

21 ‘‘(D) RECORDS.—Any record ordinarily 

22 kept by the school, including immunization or 

23 other required health records, academic records, 

24 birth certificates, guardianship records, and 

25 evaluations for special services or programs, reVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
502 

•HR 5 IH

1 garding each homeless child or youth shall be 

2 maintained— 

3 ‘‘(i) so that the records involved are 

4 available, in a timely fashion, when a child 

5 or youth enters a new school or school dis6 trict; and 

7 ‘‘(ii) in a manner consistent with sec8 tion 444 of the General Education Provi9 sions Act (20 U.S.C. 1232g). 

10 ‘‘(E) ENROLLMENT DISPUTES.—If a dis11 pute arises over school selection or enrollment 

12 in a school— 

13 ‘‘(i) the child or youth shall be imme14 diately enrolled in the school in which en15 rollment is sought, pending final resolution 

16 of the dispute, including all available ap17 peals; 

18 ‘‘(ii) the parent, guardian, or unac19 companied youth shall be provided with a 

20 written explanation of any decisions made 

21 by the school, the local educational agency, 

22 or the State educational agency involved, 

23 including the rights of the parent, guard24 ian, or youth to appeal such decisions; 


rfrederick on DSK4SPTVN1PROD with BILLS
503 

•HR 5 IH

1 ‘‘(iii) the parent, guardian, or unac2 companied youth shall be referred to the 

3 local educational agency liaison designated 

4 under paragraph (1)(J)(ii), who shall carry 

5 out the dispute resolution process as de6 scribed in paragraph (1)(C) as expedi7 tiously as possible after receiving notice of 

8 the dispute; and 

9 ‘‘(iv) in the case of an unaccompanied 

10 youth, the liaison shall ensure that the 

11 youth is immediately enrolled in school in 

12 which the youth seeks enrollment pending 

13 resolution of such dispute. 

14 ‘‘(F) PLACEMENT CHOICE.—The choice re15 garding placement shall be made regardless of 

16 whether the child or youth lives with the home17 less parents or has been temporarily placed 

18 elsewhere. 

19 ‘‘(G) SCHOOL OF ORIGIN DEFINED.— 

20 ‘‘(i) IN GENERAL.—In this paragraph, 

21 the term ‘school of origin’ means the 

22 school that a child or youth attended when 

23 permanently housed or the school in which 

24 the child or youth was last enrolled. 


rfrederick on DSK4SPTVN1PROD with BILLS
504 

•HR 5 IH

1 ‘‘(ii) RECEIVING SCHOOL.—When the 

2 child or youth completes the final grade 

3 level served by the school of origin, as de4 scribed in clause (i), the term ‘‘school of 

5 origin’’ shall include the designated receiv6 ing school at the next grade level for all 

7 feeder schools. 

8 ‘‘(H) CONTACT INFORMATION.—Nothing 

9 in this subtitle shall prohibit a local educational 

10 agency from requiring a parent or guardian of 

11 a homeless child to submit contact information. 

12 ‘‘(I) PRIVACY.—Information about a home13 less child’s or youth’s living situation shall be 

14 treated as a student education record under 

15 section 444 of the General Education Provi16 sions Act (20 U.S.C. 1232g) and shall not be 

17 released to housing providers, employers, law 

18 enforcement personnel, or other persons or 

19 agencies not authorized to have such informa20 tion under section 99.31 of title 34, Code of 

21 Federal Regulations. 

22 ‘‘(J) ACADEMIC ACHIEVEMENT.—The 

23 school selected in accordance with this para24 graph shall ensure that homeless children and 

25 youth have opportunities to meet the same 


rfrederick on DSK4SPTVN1PROD with BILLS
505 

•HR 5 IH

1 State academic standards to which other stu2 dents are held. 

3 ‘‘(4) COMPARABLE SERVICES.—Each homeless 

4 child or youth to be assisted under this subtitle shall 

5 be provided services comparable to services offered 

6 to other students in the school selected under para7 graph (3), including the following: 

8 ‘‘(A) Transportation services. 

9 ‘‘(B) Educational services for which the 

10 child or youth meets the eligibility criteria, such 

11 as services provided under title I of the Elemen12 tary and Secondary Education Act of 1965 (20 

13 U.S.C. 6301 et seq.) or similar State or local 

14 programs, educational programs for children 

15 with disabilities, and educational programs for 

16 English learners. 

17 ‘‘(C) Programs in career and technical 

18 education. 

19 ‘‘(D) Programs for gifted and talented stu20 dents. 

21 ‘‘(E) School nutrition programs. 

22 ‘‘(5) COORDINATION.— 

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

24 agency serving homeless children and youths 


rfrederick on DSK4SPTVN1PROD with BILLS
506 

•HR 5 IH

1 that receives assistance under this subtitle shall 

2 coordinate— 

3 ‘‘(i) the provision of services under 

4 this subtitle with local social services agen5 cies and other agencies or entities pro6 viding services to homeless children and 

7 youths and their families, including serv8 ices and programs funded under the Run9 away and Homeless Youth Act (42 U.S.C. 

10 5701 et seq.); and 

11 ‘‘(ii) transportation, transfer of school 

12 records, and other interdistrict activities, 

13 with other local educational agencies. 

14 ‘‘(B) HOUSING ASSISTANCE.—If applica15 ble, each State educational agency and local 

16 educational agency that receives assistance 

17 under this subtitle shall coordinate with State 

18 and local housing agencies responsible for devel19 oping the comprehensive housing affordability 

20 strategy described in section 105 of the Cran21 ston-Gonzalez National Affordable Housing Act 

22 (42 U.S.C. 12705) to minimize educational dis23 ruption for children and youths who become 

24 homeless. 


rfrederick on DSK4SPTVN1PROD with BILLS
507 

•HR 5 IH

1 ‘‘(C) COORDINATION PURPOSE.—The co2 ordination required under subparagraphs (A) 

3 and (B) shall be designed to— 

4 ‘‘(i) ensure that all homeless children 

5 and youths are promptly identified; 

6 ‘‘(ii) ensure that homeless children 

7 and youths have access to, and are in rea8 sonable proximity to, available education 

9 and related support services; and 

10 ‘‘(iii) raise the awareness of school 

11 personnel and service providers of the ef12 fects of short-term stays in a shelter and 

13 other challenges associated with homeless14 ness. 

15 ‘‘(D) HOMELESS CHILDREN AND YOUTHS

16 WITH DISABILITIES.—For children and youth 

17 who are to be assisted both under this subtitle, 

18 and under the Individuals with Disabilities 

19 Education Act (20 U.S.C. 1400 et seq.) or sec20 tion 504 of the Rehabilitation Act of 1973 (29 

21 U.S.C. 794), each local educational agency shall 

22 coordinate the provision of services under this 

23 subtitle with the provision of programs for chil24 dren with disabilities served by that local eduVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
508 

•HR 5 IH

1 cational agency and other involved local edu2 cational agencies. 

3 ‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 

4 ‘‘(A) DUTIES.—Each local educational 

5 agency liaison for homeless children and youths, 

6 designated under paragraph (1)(J)(ii), shall en7 sure that— 

8 ‘‘(i) homeless children and youths are 

9 identified by school personnel through out10 reach and coordination activities with other 

11 entities and agencies; 

12 ‘‘(ii) homeless children and youths are 

13 enrolled in, and have a full and equal op14 portunity to succeed in, schools of that 

15 local educational agency; 

16 ‘‘(iii) homeless families, children, and 

17 youths have access to and receive edu18 cational services for which such families, 

19 children, and youths are eligible, including 

20 services through Head Start, Early Head 

21 Start, early intervention, and preschool 

22 programs administered by the local edu23 cational agency; 

24 ‘‘(iv) homeless families, children, and 

25 youths receive referrals to health care servVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
509 

•HR 5 IH

1 ices, dental services, mental health and 

2 substances abuse services, housing services, 

3 and other appropriate services; 

4 ‘‘(v) the parents or guardians of 

5 homeless children and youths are informed 

6 of the educational and related opportuni7 ties available to their children and are pro8 vided with meaningful opportunities to par9 ticipate in the education of their children; 

10 ‘‘(vi) public notice of the educational 

11 rights of homeless children and youths is 

12 disseminated in locations frequented by 

13 parents or guardians of such children and 

14 youths, and unaccompanied youths, includ15 ing schools, shelters, public libraries, and 

16 soup kitchens in a manner and form un17 derstandable to the parents and guardians 

18 of homeless children and youths, and unac19 companied youths; 

20 ‘‘(vii) enrollment disputes are medi21 ated in accordance with paragraph (3)(E); 

22 ‘‘(viii) the parent or guardian of a 

23 homeless child or youth, and any unaccom24 panied youth, is fully informed of all trans25 portation services, including transportation 


rfrederick on DSK4SPTVN1PROD with BILLS
510 

•HR 5 IH

1 to the school of origin, as described in 

2 paragraph (1)(J)(iii), and is assisted in ac3 cessing transportation to the school that is 

4 selected under paragraph (3)(A); 

5 ‘‘(ix) school personnel providing serv6 ices under this subtitle receive professional 

7 development and other support; and 

8 ‘‘(x) unaccompanied youths— 

9 ‘‘(I) are enrolled in school; 

10 ‘‘(II) have opportunities to meet 

11 the same State academic standards to 

12 which other students are held, includ13 ing through implementation of the 

14 policies and practices required by 

15 paragraph (1)(F)(ii); and 

16 ‘‘(III) are informed of their sta17 tus as independent students under 

18 section 480 of the Higher Education 

19 Act of 1965 (20 U.S.C. 1087vv) and 

20 receive verification of such status for 

21 purposes of the Free Application for 

22 Federal Student Aid described in sec23 tion 483 of such Act (20 U.S.C. 

24 1090). 


rfrederick on DSK4SPTVN1PROD with BILLS
511 

•HR 5 IH

1 ‘‘(B) NOTICE.—State coordinators estab2 lished under subsection (d)(3) and local edu3 cational agencies shall inform school personnel, 

4 service providers, advocates working with home5 less families, parents and guardians of homeless 

6 children and youths, and homeless children and 

7 youths of the duties of the local educational 

8 agency liaisons, including publishing an annu9 ally updated list of the liaisons on the State 

10 educational agency’s website. 

11 ‘‘(C) LOCAL AND STATE COORDINATION.— 

12 Local educational agency liaisons for homeless 

13 children and youths shall, as a part of their du14 ties, coordinate and collaborate with State coor15 dinators and community and school personnel 

16 responsible for the provision of education and 

17 related services to homeless children and 

18 youths. Such coordination shall include col19 lecting and providing to the State Coordinator 

20 the reliable, valid, and comprehensive data 

21 needed to meet the requirements of paragraphs 

22 (1) and (3) of subsection (f). 

23 ‘‘(7) REVIEW AND REVISIONS.— 

24 ‘‘(A) IN GENERAL.—Each State edu25 cational agency and local educational agency 


rfrederick on DSK4SPTVN1PROD with BILLS
512 

•HR 5 IH

1 that receives assistance under this subtitle shall 

2 review and revise any policies that may act as 

3 barriers to the enrollment of homeless children 

4 and youths in schools that are selected under 

5 paragraph (3). 

6 ‘‘(B) CONSIDERATION.—In reviewing and 

7 revising such policies, consideration shall be 

8 given to issues concerning transportation, im9 munization, residency, birth certificates, school 

10 records and other documentation, and guard11 ianship. 

12 ‘‘(C) SPECIAL ATTENTION.—Special atten13 tion shall be given to ensuring the enrollment 

14 and attendance of homeless children and youths 

15 who are not currently attending school.’’; 

16 (8) in subsection (h)(1)(A), by striking ‘‘fiscal 

17 year 2009,’’ and inserting ‘‘fiscal years 2014 

18 through 2019,’’; and 

19 (9) in subsection (h)(4), by striking ‘‘fiscal year 

20 2009’’ and inserting ‘‘fiscal years 2014 through 

21 2019’’. 


rfrederick on DSK4SPTVN1PROD with BILLS
513 

•HR 5 IH

1 SEC. 703. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 

2 THE EDUCATION OF HOMELESS CHILDREN 

3 AND YOUTHS. 

4 Section 723 of such Act (42 U.S.C. 11433) is amend5 ed— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1), by striking ‘‘facili8 tating the enrollment,’’ and inserting ‘‘facili9 tating the identification, enrollment,’’; 

10 (B) in paragraph (2)(A)— 

11 (i) by adding ‘‘and’’ at the end of 

12 clause (i); 

13 (ii) by striking ‘‘; and’’ and inserting 

14 a period at the end of clause (ii); and 

15 (iii) by striking clause (iii); and 

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

17 ‘‘(4) DURATION OF GRANTS.—Subgrants 

18 awarded under this section shall be for terms of not 

19 to exceed 3 years.’’; 

20 (2) in subsection (b)— 

21 (A) by striking paragraph (3) and redesig22 nating paragraphs (4) and (5) as paragraphs 

23 (3) and (4), respectively; and 

24 (B) by adding at the end the following: 

25 ‘‘(5) An assurance that the local educational 

26 agency will collect and promptly provide data reVerDate Mar 15 2010 01:38 Jun 12, 2013 Jkt 029200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 E:\BILLS\H5.IH H5

rfrederick on DSK4SPTVN1PROD with BILLS
514 

•HR 5 IH

1 quested by the State Coordinator pursuant to para2 graphs (1) and (3) of section 722(f). 

3 ‘‘(6) An assurance that the local educational 

4 agency has removed barriers to complying with the 

5 requirements of section 722(g)(1)(I).’’; 

6 (3) in subsection (c)— 

7 (A) in paragraph (1), by striking ‘‘726’’ 

8 and inserting ‘‘722(a)’’; 

9 (B) in paragraph (2)— 

10 (i) in subparagraph (A), by inserting 

11 ‘‘identification,’’ before ‘‘enrollment’’; 

12 (ii) by amending subparagraph (B) to 

13 read as follows: 

14 ‘‘(B) The extent to which the application 

15 reflects coordination with other local and State 

16 agencies that serve homeless children and 

17 youths.’’; and 

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

19 ‘‘(as of the date of submission of the appli20 cation)’’ after ‘‘current practice’’; 

21 (C) in paragraph (3)— 

22 (i) by amending subparagraph (C) to 

23 read as follows: 

24 ‘‘(C) The extent to which the applicant will 

25 promote meaningful involvement of parents or 


rfrederick on DSK4SPTVN1PROD with BILLS
515 

•HR 5 IH

1 guardians of homeless children or youths in the 

2 education of their children.’’; 

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

4 ‘‘within’’ and inserting ‘‘into’’; 

5 (iii) in subparagraph (G)— 

6 (I) by striking ‘‘Such’’ and in7 serting ‘‘The extent to which the ap8 plicant’s program meets such’’; and 

9 (II) by striking ‘‘case manage10 ment or related’’; 

11 (iv) by redesignating subparagraph 

12 (G) as subparagraph (I) and inserting 

13 after subparagraph (F) the following: 

14 ‘‘(G) The extent to which the local edu15 cational agency will use the subgrant to lever16 age resources, including by maximizing 

17 nonsubgrant funding for the position of the liai18 son described in section 722(g)(1)(J)(ii) and 

19 the provision of transportation. 

20 ‘‘(H) How the local educational agency 

21 uses funds to serve homeless children and 

22 youths under section 1113(c)(3) of the Elemen23 tary and Secondary Education Act of 1965 (20 

24 U.S.C. 6313(c)(3)).’’; and 

25 (v) by adding at the end the following: 


rfrederick on DSK4SPTVN1PROD with BILLS
516 

•HR 5 IH

1 ‘‘(J) An assurance that the applicant will 

2 meet the requirements of section 722(g)(3).’’; 

3 and 

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

5 (4) in subsection (d)— 

6 (A) in paragraph (1)— 

7 (i) by striking ‘‘challenging State aca8 demic content standards’’ and inserting 

9 ‘‘State academic standards’’; and 

10 (ii) by striking ‘‘and challenging State 

11 student academic achievement standards’’; 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘students with limited 

14 English proficiency,’’ and inserting 

15 ‘‘English learners,’’ ; and 

16 (ii) by striking ‘‘vocational’’ and in17 serting ‘‘career’’; 

18 (C) in paragraph (3), by striking ‘‘pupil 

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

21 (D) in paragraph (7), by striking ‘‘, and 

22 unaccompanied youths,’’ and inserting ‘‘, par23 ticularly homeless children and youths who are 

24 not enrolled in school,’’; 


rfrederick on DSK4SPTVN1PROD with BILLS
517 

•HR 5 IH

1 (E) in paragraph (9) by striking ‘‘medical’’ 

2 and inserting ‘‘other required health’’; 

3 (F) in paragraph (10), by inserting before 

4 the period at the end ‘‘, and other activities de5 signed to increase the meaningful involvement 

6 of parents or guardians of homeless children or 

7 youths in the education of their children’’; 

8 (G) in paragraph (12), by striking ‘‘pupil’’ 

9 and inserting ‘‘specialized instructional sup10 port’’; and 

11 (H) in paragraph (13), by inserting before 

12 the period at the end ‘‘and parental mental 

13 health or substance abuse problems’’. 

14 SEC. 704. SECRETARIAL RESPONSIBILITIES. 

15 Section 724 of such Act (42 U.S.C. 11434) is amend16 ed— 

17 (1) by amending subsection (c) to read as fol18 lows: 

19 ‘‘(c) NOTICE.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall, before 

21 the next school year that begins after the date of the 

22 enactment of the Student Success Act, update and 

23 disseminate nationwide the public notice described in 

24 this subsection (as in effect prior to such date) of 


rfrederick on DSK4SPTVN1PROD with BILLS
518 

•HR 5 IH

1 the educational rights of homeless children and 

2 youths. 

3 ‘‘(2) DISSEMINATION.—The Secretary shall dis4 seminate the notice nationally to all Federal agen5 cies, program grantees, and grant recipients serving 

6 homeless families, children, and youths.’’; 

7 (2) in subsection (d), by striking ‘‘and dissemi8 nation’’ and inserting ‘‘, dissemination, and technical 

9 assistance’’; 

10 (3) in subsection (e)— 

11 (A) by striking ‘‘applications for grants 

12 under this subtitle’’ and inserting ‘‘plans for 

13 the use of grant funds under section 722’’; 

14 (B) by striking ‘‘60-day’’ and inserting 

15 ‘‘120-day’’; and 

16 (C) by striking ‘‘120-day’’ and inserting 

17 ‘‘180-day’’; 

18 (4) in subsection (f), by adding at the end the 

19 following: ‘‘The Secretary shall provide support and 

20 technical assistance to State educational agencies in 

21 areas in which barriers to a free appropriate public 

22 education persist.’’; 

23 (5) by amending subsection (g) to read as fol24 lows: 


rfrederick on DSK4SPTVN1PROD with BILLS
519 

•HR 5 IH

1 ‘‘(g) GUIDELINES.—The Secretary shall develop, 

2 issue, and publish in the Federal Register, not later than 

3 60 days after the date of the enactment of the Student 

4 Success Act, strategies by which a State— 

5 ‘‘(1) may assist local educational agencies to 

6 implement the provisions amended by the Act; and 

7 ‘‘(2) can review and revise State policies and 

8 procedures that may present barriers to the identi9 fication, enrollment, attendance, and success of 

10 homeless children and youths in school.’’; 

11 (6) in subsection (h)(1)(A), by inserting ‘‘in all 

12 areas served by local educational agencies’’ before 

13 the semicolon at the end; and 

14 (7) in subsection (i), by striking ‘‘McKinney15 Vento Homeless Education Assistance Improvements 

16 Act of 2001’’ and inserting ‘‘Student Success Act’’. 

17 SEC. 705. DEFINITIONS. 

18 Section 725 of such Act (42 U.S.C. 11434a) is 

19 amended— 

20 (1) in paragraph (2)(B)(iv), by striking ‘‘1309’’ 

21 and inserting ‘‘1139’’; and 

22 (2) in paragraph (3), by striking ‘‘9101’’ and 

23 inserting ‘‘5101’’. 


rfrederick on DSK4SPTVN1PROD with BILLS
520 

•HR 5 IH

1 SEC. 706. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 726 of such Act (42 U.S.C. 11435) is amend3 ed to read as follows: 

4 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘For the purpose of carrying out this subtitle, there 

6 are authorized to be appropriated $61,771,000 for each 

7 of fiscal years 2014 through 2019.’’. 

Æ 


rfrederick on DSK4SPTVN1PROD with BILLS