Educational Accountability and State Flexibility Act of 2013

To amend part A of title I of the Elementary and Secondary Education Act of 1965. 1. Short title This Act may be cited as the Educational Accountability and State Flexibility Act of 2013 2. Improving the academic achievement of the disadvantaged (a) Purpose authorization, and school improvement funds Sections 1001 through 1003 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 1001. Statement of purpose The purpose of this title is to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and State academic assessments. This purpose can be accomplished by— (1) ensuring that high-quality academic assessments, accountability systems, teacher preparation and training, curriculum, and instructional materials are aligned with challenging State academic standards so that students, teachers, parents, and administrators can measure progress against common expectations for student academic achievement; (2) meeting the educational needs of low-achieving children in our Nation’s highest-poverty schools, limited English proficient children, migratory children, children with disabilities, Indian, Alaska Native and Native Hawaiian children, neglected or delinquent children, and young children in need of reading assistance; (3) closing the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers; (4) holding schools, local educational agencies, and States accountable for improving the academic achievement of all students, and identifying and turning around low-performing schools that have failed to provide a high-quality education to their students, while providing alternatives to students in such schools to enable the students to receive a high-quality education; (5) distributing and targeting resources sufficiently to make a difference to local educational agencies and schools where needs are greatest; (6) improving and strengthening accountability, teaching, and learning by using State assessment systems designed to ensure that students are meeting challenging State academic achievement and content standards and increasing achievement overall, but especially for the disadvantaged; (7) providing greater decisionmaking authority and flexibility to schools and teachers in exchange for greater responsibility for student performance; (8) providing children an enriched and accelerated educational program, including the use of schoolwide programs or additional services that increase the amount and quality of instructional time; (9) promoting schoolwide reform and ensuring the access of children to effective, scientifically based instructional strategies and challenging academic content; (10) significantly elevating the quality of instruction by providing staff in participating schools with substantial opportunities for professional development; (11) coordinating services under all parts of this title with each other, with other educational services, and, to the extent feasible, with other agencies providing services to youth, children, and families; and (12) affording parents substantial and meaningful opportunities to participate in the education of their children. 1002. Authorization of appropriations (a) Local educational agency grants For the purpose of carrying out part A, there are authorized to be appropriated such sums as necessary for fiscal years 2014 through 2019. (b) Improving literacy through school libraries For the purpose of carrying out subpart 4 of part B, there are authorized to be appropriated $250,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. (c) Education of migratory children For the purpose of carrying out part C, there are authorized to be appropriated $410,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. (d) Prevention and intervention programs for youth who are neglected, delinquent, or at risk For the purpose of carrying out part D, there are authorized to be appropriated $50,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. (e) Federal activities (1) Sections 1501 and 1502 For the purpose of carrying out sections 1501 and 1502, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. (2) Section 1504 (A) In general For the purpose of carrying out section 1504, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and for each of the 5 succeeding fiscal years. (B) Special rule Of the funds appropriated pursuant to subparagraph (A), not more than 30 percent may be used for teachers associated with students participating in the programs described in subsections (a)(1), (b)(1), and (c)(1). (f) Comprehensive school reform For the purpose of carrying out part F, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years. (g) Advanced placement For the purposes of carrying out part G, there are authorized to be appropriated such sums for fiscal year 2014 and each 5 succeeding fiscal year. (h) School dropout prevention For the purpose of carrying out part H, there are authorized to be appropriated $125,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years, of which— (1) up to 10 percent shall be available to carry out subpart 1 of part H for each fiscal year; and (2) the remainder shall be available to carry out subpart 2 of part H for each fiscal year. (i) School improvement For the purpose of carrying out section 1003(g), there are authorized to be appropriated $500,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. 1003. School improvement (a) State reservations Each State shall reserve 4 percent of the amount received under subpart 2 of part A for fiscal years 2014 through 2019, to carry out subsection (b) and to carry out the State’s responsibilities under sections 1116 and 1117, including carrying out the State educational agency’s statewide system of technical assistance and support for local educational agencies. (b) Uses Of the amount reserved under subsection (a) for any fiscal year, the State educational agency— (1) shall allocate not less than 95 percent of that amount directly to local educational agencies for schools identified by the State in a tier described in paragraph (2), (3), or (4) of section 1116(c); or (2) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies. (c) Priority The State educational agency, in allocating funds to local educational agencies under this section, shall give priority to local educational agencies that— (1) serve the lowest-achieving schools; (2) demonstrate the greatest need for such funds; and (3) demonstrate the strongest commitment to ensuring that such funds are used to enable the lowest-achieving schools to meet or make satisfactory progress toward meeting State standards, in accordance with section 1111(b)(2). (d) Unused funds If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out subsection (b) is greater than the amount needed to provide the assistance described in that subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with— (1) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or (2) section 1126(c). (e) Special rule Notwithstanding any other provision of this section, the amount of funds reserved by the State educational agency under subsection (a) in any fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 below the amount received by such local educational agency under such subpart for the preceding fiscal year. (f) Reporting The State educational agency shall make publicly available a list of those schools that have received funds or services pursuant to subsection (b) and the percentage of students from each school from families with incomes below the poverty line. (g) Assistance for local school improvement (1) Program authorized The Secretary shall award grants to States to enable the States to provide subgrants to local educational agencies for the purpose of providing assistance for school improvement consistent with section 1116. (2) State allotments Such grants shall be allotted among States, the Bureau of Indian Education, and the outlying areas, in proportion to the funds received by the States, the Bureau of Indian Education, and the outlying areas, respectively, for the fiscal year under parts A, C, and D of this title. The Secretary shall expeditiously allot a portion of such funds to States for the purpose of assisting local educational agencies identified under section 1116(c)(3) and schools that were identified under paragraph (1), (6), or (7) of section 1116(b) on the day preceding the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (3) Reallocations If a State does not receive funds under this subsection, the Secretary shall reallocate such funds to other States in the same proportion funds are allocated under paragraph (2). (4) State applications Each State educational agency that desires to receive funds under this subsection shall submit an application to the Secretary at such time, and containing such information, as the Secretary shall reasonably require, except that such requirement shall be waived if a State educational agency submitted such information as part of its State plan under this part. Each State application shall describe how the State educational agency will allocate such funds in order to assist the State educational agency and local educational agencies in complying with the requirements of section 1116. (5) Local educational agency grants A grant to a local educational agency under this subsection shall be— (A) of sufficient size and scope to support the activities required under sections 1116 and 1117, but not less than $50,000 and not more than $500,000 for each participating school; (B) integrated with other funds awarded by the State under this Act; and (C) renewable for two additional 1-year periods if schools are meeting their goals, as determined by the State in accordance with section 1116. (6) Priority The State, in awarding such grants, shall give priority to local educational agencies with the lowest-achieving schools that demonstrate— (A) the greatest need for such funds; and (B) the strongest commitment to ensuring that such funds are used to provide adequate resources to enable the lowest-achieving schools to meet the requirements of section 1116. (7) Allocation A State educational agency that receives a grant under this subsection shall allocate at least 95 percent of the grant funds directly to local educational agencies for schools identified by the State as being in a tier described in paragraph (2), (3), or (4) of section 1116(c) to carry out activities described in such section, or may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies. (8) Administrative costs A State educational agency that receives a grant award under this subsection may reserve not more than 5 percent of such grant funds for administration, evaluation, and technical assistance expenses. (9) Local awards Each local educational agency that applies for assistance under this subsection shall describe how it will provide the lowest-achieving schools the resources necessary to assist such schools to meet or make satisfactory progress toward meeting State standards, in accordance with sections 1111 and 1116. . (b) Basic program requirements and State accountability system Sections 1111 through 1119 of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 1111. State plans (a) Plans required (1) In general For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency, in consultation with local educational agencies, teachers, principals, pupil services personnel, administrators (including administrators of programs described in other parts of this title), other staff, parents, and representatives of tribes and Native organizations located in the State, that satisfies the requirements of this section and that is coordinated with other programs under this Act (including the comprehensive program plans described in section 7114), the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Head Start Act, the Adult Education and Family Literacy Act, and the McKinney-Vento Homeless Assistance Act. (2) Special rule Notwithstanding paragraph (1), a State that has received a waiver under the Secretary's authority under section 9401 before the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (3) Consolidated plan A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 9302. (b) Academic standards, academic assessments, and accountability (1) Challenging academic standards (A) In general Each State plan shall demonstrate that the State has adopted challenging academic content standards and challenging student academic achievement standards that will be used by the State, its local educational agencies, and its schools to carry out this part, except that a State shall not be required to submit such standards to the Secretary. (B) Same standards The academic standards required by subparagraph (A) shall be the same academic standards that the State applies to all schools and children in the State. (C) Subjects The State shall have such academic standards for all public elementary school and secondary school children, including children served under this part, in subjects determined by the State, but including at least mathematics, reading or language arts, and science, which shall include the same knowledge, skills, and levels of achievement expected of all children. (D) Challenging academic standards Standards under this paragraph shall include— (i) challenging academic content standards in academic subjects that— (I) specify what children are expected to know and be able to do; (II) contain coherent and rigorous content; and (III) encourage the teaching of advanced skills; and (ii) challenging student academic achievement standards that— (I) are aligned with the State’s academic content standards; (II) are aligned with the academic coursework at public institutions of higher education in the State, relevant career and technical education standards, and appropriate career skills as determined appropriate by the State; (III) describe two levels of high achievement (proficient and advanced) that determine how well children are mastering the material in the State academic content standards; (IV) describe a third level of achievement (basic) to provide complete information about the progress of the lower-achieving children toward mastering the proficient and advanced levels of achievement; and (V) will prepare a student who graduates from secondary school and who has been determined to be proficient, to succeed without the need for remediation at a public institution of higher education, job training, or work. (E) Information For the subjects in which students will be served under this part, but for which a State is not required by subparagraphs (A), (B), and (C) to develop, and has not otherwise developed, such academic standards, the State plan shall describe a strategy for ensuring that students are taught the same knowledge and skills in such subjects and held to the same expectations as are all children. (F) Existing standards Nothing in this part shall prohibit a State from revising, consistent with this section, any standard adopted under this part before or after the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (2) Accountability (A) In general Each State plan shall demonstrate that the State has developed and is implementing a single, statewide State accountability system that will be effective in ensuring that all local educational agencies, public elementary schools, and public secondary schools meet or make satisfactory progress toward meeting State standards as defined under this paragraph. Each State accountability system shall— (i) be based on the academic standards and academic assessments adopted under paragraphs (1) and (3), and other academic indicators consistent with subparagraph (C)(vi) and (vii), and shall take into account the achievement of all public elementary school and secondary school students; (ii) be the same accountability system the State uses for all public elementary schools and secondary schools or all local educational agencies in the State, except that public elementary schools, secondary schools, and local educational agencies not participating under this part are not subject to the requirements of section 1116; and (iii) include recognition for schools that meet or are making satisfactory progress toward meeting State standards and assistance for schools that do not meet or make satisfactory progress toward meeting State standards as described in section 1116. (B) Meeting or making satisfactory progress toward meeting State standards (i) In general Each State plan shall demonstrate, based on academic assessments described in paragraph (3) and other indicators the State may adopt (as described in clause (ii)) and in accordance with this paragraph, what constitutes meeting, or making satisfactory progress toward meeting, State standards for all public elementary schools, secondary schools, and local educational agencies in the State, in order to enable all public elementary school and secondary school students to meet the State’s student academic achievement standards, while working toward the goal of narrowing the achievement gaps in the State, local educational agencies, and schools. (ii) Additional indicators If a State chooses to adopt additional indicators to be used in the determination regarding meeting State standards, the State shall include a description of such indicators in the State plan. (C) Definition The term meeting State standards (i) applies the same high standards of academic achievement to all public elementary school and secondary school students in the State; (ii) is statistically valid and reliable; (iii) results in continuous and substantial academic improvement for all students; (iv) measures the progress of public elementary schools, secondary schools, and local educational agencies and the State based primarily on the academic assessments described in paragraph (3) and other factors the State may adopt, in accordance with subparagraph (B); (v) includes separate measurable annual objectives for continuous and substantial improvement for each of the following: (I) The achievement of all public elementary school and secondary school students. (II) The achievement of— (aa) economically disadvantaged students; (bb) students from major racial and ethnic groups; (cc) students with disabilities; and (dd) students with limited English proficiency; except that disaggregation of data under subclause (II) shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; (vi) in accordance with subparagraph (D), includes graduation rates for public secondary school students (defined as the percentage of students who graduate from secondary school with a regular diploma in the standard number of years or, for students who are children with disabilities, within the time allotted by the Individuals with Disabilities Education Act) and at least one other academic indicator, as determined by the State for all public elementary school students; and (vii) in accordance with subparagraph (D), at the State’s discretion, may also include other academic indicators, as determined by the State for all public school students, measured separately for each group described in clause (v), such as achievement on additional State or locally administered assessments, decreases in grade-to-grade retention rates, attendance rates, and changes in the percentages of students completing gifted and talented, advanced placement, and college preparatory courses. (D) Requirements for other indicators In carrying out subparagraph (C)(vi) and (vii), the State— (i) shall ensure that the indicators described in those provisions are valid and reliable, and are consistent with relevant, nationally recognized professional and technical standards, if any; and (ii) except as provided in subparagraph (I)(i), may not use those indicators to reduce the number of, or change, the schools that would otherwise not meet or make satisfactory progress toward meeting State standards under section 1116 if those additional indicators were not used, but may use them to identify additional schools for school improvement. (E) Timeline Each State shall establish a timeline for students in each subgroup described in subparagraph (C)(v)(II) in each school to meet or make substantial gains toward meeting State standards. (F) Measurable objectives Each State shall establish statewide annual measurable objectives, pursuant to subparagraph (C)(v), for meeting the requirements of this paragraph, and which— (i) shall be set separately for the assessments of mathematics and reading or language arts under paragraph (3); (ii) shall be the same for all schools and local educational agencies in the State; (iii) shall identify a single minimum percentage of students who are required to meet or exceed the proficient level on the academic assessments that applies separately to each group of students described in subparagraph (C)(v); (iv) shall ensure that all students will meet or exceed the State’s proficient level of academic achievement on the State assessments within the State’s timeline under subparagraph (F); and (v) may be the same for more than 1 year, subject to the requirements of subparagraph (H). (G) Intermediate goals for meeting State standards Each State shall establish intermediate goals for meeting the requirements, including the measurable objectives in subparagraph (F), of this paragraph. Each State shall determine the rate of satisfactory progress toward meeting State standards that is acceptable. A State may require schools to— (i) increase proficiency rates by 50 percent for every subgroup described in subparagraph (C)(v) over a period of 6 years; (ii) increase proficiency in annual increments that result in 100 percent proficiency for all students in 6 years; or (iii) use another method that is educationally sound and results in ambitious but achievable progress toward ensuring that all students are prepared to succeed in college, job training, or work. (H) Annual improvement for schools Each year, the State shall determine whether— (i) each group of students described in subparagraph (C)(v) has met or exceeded the objectives set by the State under subparagraph (F), except that if any group described in subparagraph (C)(v) does not meet those objectives in any particular year, the school shall be considered to have met State standards if students in that group who did not meet or exceed the proficient level of academic achievement on the State assessments under paragraph (3) for that year have made at least one year’s academic progress or have made substantial gains in meeting State standards, as determined by the State in accordance with this paragraph; and (ii) not less than 95 percent of each group of students described in subparagraph (C)(v) who are enrolled in the school are required to take the assessments, consistent with paragraph (3)(C)(xi) and with accommodations, guidelines, and alternative assessments provided in the same manner as those provided under section 612(a)(16)(A) of the Individuals with Disabilities Education Act and paragraph (3), on which meeting State standards is based (except that the 95 percent requirement described in this clause shall not apply in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student). (I) Uniform averaging procedure For the purpose of determining whether schools are meeting or making satisfactory progress toward meeting State standards, the State may establish a uniform procedure for averaging data which includes one or more of the following: (i) The State may average data from the school year for which the determination is made with data from one or two school years immediately preceding that school year. (ii) Until the assessments described in paragraph (3) are administered in such manner and time to allow for the implementation of the uniform procedure for averaging data described in clause (i), the State may use the academic assessments that were required under paragraph (3) as that paragraph was in effect on the day preceding the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (J) Accountability for charter schools The accountability provisions under this Act shall be overseen for charter schools in accordance with State charter school law. (K) No approval required The State is not required to receive the approval of the Secretary for a State plan under this paragraph. (3) Academic assessments (A) In general Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality, yearly student academic assessments that include, at a minimum, academic assessments in mathematics, reading or language arts, and science that will be used as the primary means of determining the yearly performance of the State and of each local educational agency and school in the State in enabling all children to meet the State’s challenging student academic achievement standards. (B) Use of assessments Each State educational agency may incorporate the data from the assessments under this paragraph into a State-developed longitudinal data system that links student test scores, length of enrollment, graduation records over time, and other data as the State may determine to be appropriate. (C) Requirements Such assessments shall— (i) be the same academic assessments used to measure the achievement of all children, except for those students with significant cognitive disabilities for whom an alternative assessment would be appropriate; (ii) be aligned with the State’s challenging academic content and student academic achievement standards, and provide coherent information about student attainment of such standards; (iii) be used for purposes for which such assessments are valid and reliable, and be consistent with relevant, nationally recognized professional and technical standards; (iv) be used only if the State educational agency provides to the Secretary evidence from the test publisher or other relevant sources that the assessments used are of adequate technical quality for each purpose required under this Act and are consistent with the requirements of this section, and such evidence is made public by the Secretary upon request; (v) measure the achievement of all students against the challenging State academic content and student academic achievement standards in science and be administered not less than one time during— (I) grades 3 through 5; (II) grades 6 through 9; and (III) grades 10 through 12; (vi) involve multiple up-to-date measures of student academic achievement, including measures that assess higher-order thinking skills and understanding; (vii) measure the achievement of all students against the challenging State academic content and student academic achievement standards in each of grades 3 through 8 in, at a minimum, mathematics, and reading or language arts; (viii) at the discretion of the State, measure the proficiency of students in academic subjects not described in clauses (v), (vi), (vii) in which the State has adopted challenging academic content and academic achievement standards; (ix) provide for— (I) the participation in such assessments of all students; (II) the valid and reliable adaptations and accommodations necessary for students who are children with disabilities to measure the academic achievement of such students relative to State academic content and State student academic achievement standards; and (III) the inclusion of limited English proficient students, who shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency as determined under paragraph (7); (x) notwithstanding clause (ix)(III), the academic assessment of reading or language arts, mathematics, and science shall be in English, except that if the local educational agency determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such student in the appropriate language other than English, provided that such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests written in English; (xi) include students who have attended schools in a local educational agency for a full academic year but have not attended a single school for a full academic year, except that the performance of students who have attended more than 1 school in the local educational agency in any academic year shall be used only in determining the progress of the local educational agency; (xii) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii) that allow parents, teachers, and principals to understand and address the specific academic needs of students, and include information regarding achievement on academic assessments aligned with State academic achievement standards, and that are provided to parents, teachers, and principals, as soon as is practicably possible after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; (xiii) enable results to be disaggregated within each State, local educational agency, and school by gender, by each major racial and ethnic group, by English proficiency status, by migrant status, by students with disabilities as compared to nondisabled students, and by economically disadvantaged students as compared to students who are not economically disadvantaged, except that, in the case of a local educational agency or a school, such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; (xiv) be consistent with widely accepted professional testing standards, objectively measure academic achievement, knowledge, and skills, and be tests that do not evaluate or assess personal or family beliefs and attitudes, or publicly disclose personally identifiable information; and (xv) enable itemized score analyses to be produced and reported, consistent with clause (iii), to local educational agencies and schools, so that parents, teachers, principals, and administrators can interpret and address the specific academic needs of students as indicated by the students’ achievement on assessment items. (4) Special rule Academic assessment measures in addition to those in paragraph (3) that do not meet the requirements of such paragraph may be included in the assessment under paragraph (3) as additional measures, but may not be used in lieu of the academic assessments required under paragraph (3). Such additional assessment measures may not be used to reduce the number of or change the schools that would otherwise be determined to have not met State standards under section 1116 if such additional indicators were not used, but may be used to identify additional such schools. (5) State authority If neither a State educational agency nor any other State government official, agency, or entity has sufficient authority, under State law, to adopt curriculum content and student academic achievement standards, and academic assessments aligned with such academic standards, which will be applicable to all students enrolled in the State’s public elementary schools and secondary schools, then the State educational agency may meet the requirements of this subsection by— (A) adopting academic standards and academic assessments that meet the requirements of this subsection, on a statewide basis, and limiting their applicability to students served under this part; or (B) adopting and implementing policies that ensure that each local educational agency in the State that receives grants under this part will adopt curriculum content and student academic achievement standards, and academic assessments aligned with such standards, which— (i) meet all of the criteria in this subsection and any regulations regarding such standards and assessments that the Secretary may publish; and (ii) are applicable to all students served by each such local educational agency. (6) Language assessments Each State plan shall identify the languages other than English that are present in the participating student population and indicate the languages for which yearly student academic assessments are not available and are needed. The State shall make every effort to develop such assessments and may request assistance from the Secretary, an institution of higher education, tribes, or other entities, if linguistically accessible academic assessment measures are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessment measures in the needed languages, but shall not mandate a specific academic assessment or mode of instruction. (7) Academic assessments of english language proficiency Each State plan shall demonstrate that local educational agencies in the State will provide for an annual assessment of English proficiency (measuring students’ oral language, reading, and writing skills in English) of all students with limited English proficiency in the schools served by the State educational agency. (8) Requirement Each State plan shall describe— (A) how the State educational agency will assist each local educational agency and school affected by the State plan to develop the capacity to comply with each of the requirements of sections 1112(c)(1)(D), 1114(b), and 1115(c) that is applicable to such agency or school; (B) how the State educational agency will assist each local educational agency and school affected by the State plan to provide additional educational assistance to individual students assessed as needing help to achieve the State’s challenging academic achievement standards; (C) the specific steps the State educational agency will take to ensure that both schoolwide programs and targeted assistance schools provide instruction by highly effective instructional staff as required by sections 1114(b)(1)(C) and 1115(c)(1)(E), including steps that the State educational agency will take to ensure that poor and minority children are not taught at higher rates than other children by inexperienced, unqualified, or out-of-field teachers, and the measures that the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to such steps; (D) an assurance that the State educational agency will assist local educational agencies in developing or identifying high-quality effective curricula aligned with State academic achievement standards and how the State educational agency will disseminate such curricula to each local educational agency and school within the State; and (E) such other factors the State educational agency determines appropriate to provide students an opportunity to achieve the knowledge and skills described in the challenging academic content standards adopted by the State. (9) Use of academic assessment results to improve student academic achievement Each State plan shall describe how the State educational agency will ensure that the results of the State assessments described in paragraph (3)— (A) will be promptly provided to local educational agencies, schools, and teachers, and to tribes and Native organizations that provide educational services to American Indian or Alaska Natives in a manner that is clear and easy to understand, but not later than before the beginning of the next school year; and (B) be used by those local educational agencies, schools, and teachers to improve the educational achievement of individual students. (c) Other provisions to support teaching and learning Each State plan shall contain assurances that— (1) the State educational agency will meet the requirements of subsection (g)(1) and, will produce the annual State report cards described in such subsection; (2) the State will participate in biennial State academic assessments of 4th and 8th grade reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments; (3) the State educational agency, in consultation with the Governor, will include, as a component of the State plan, a plan to carry out the responsibilities of the State under sections 1116 and 1117, including carrying out the State educational agency’s statewide system of technical assistance and support for local educational agencies; (4) the State educational agency will work with other agencies, including educational service agencies or other local consortia, and institutions to provide technical assistance to local educational agencies and schools, including technical assistance in providing professional development under section 1119, technical assistance under section 1117, and technical assistance relating to parental involvement under section 1118; (5) (A) where educational service agencies exist, the State educational agency will consider providing professional development and technical assistance through such agencies; and (B) where educational service agencies do not exist, the State educational agency will consider providing professional development and technical assistance through other cooperative agreements such as through a consortium of local educational agencies; (6) the State educational agency will notify local educational agencies and the public of the content and student academic achievement standards and academic assessments developed under this section, and of the authority to operate schoolwide programs, and will fulfill the State educational agency’s responsibilities regarding school improvement under section 1116, including such corrective actions as are necessary; (7) the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part; (8) the State educational agency will inform the Secretary and the public of how Federal laws, if at all, hinder the ability of States to hold local educational agencies and schools accountable for student academic achievement; (9) the State educational agency will encourage schools to consolidate funds from other Federal, State, and local sources for schoolwide reform in schoolwide programs under section 1114; (10) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources for schoolwide programs under section 1114; (11) the State educational agency has involved the committee of practitioners established under section 1903(b) in developing the plan and monitoring its implementation; (12) the State educational agency will inform local educational agencies in the State of the local educational agency’s authority to transfer funds under title VI, to obtain waivers under part D of title IX, and, if the State is an Ed-Flex Partnership State, to obtain waivers under the Education Flexibility Partnership Act of 1999; (13) the State educational agency will coordinate activities funded under this part with other Federal activities as appropriate; (14) the State educational agency will encourage local educational agencies and individual schools participating in a program assisted under this part to offer family literacy services (using funds under this part), if the agency or school determines that a substantial number of students served under this part by the agency or school have parents who do not have a secondary school diploma or its recognized equivalent or who have low levels of literacy; and (15) the State educational agency has engaged in timely and meaningful consultation with representatives of Indian tribes and Native organizations that may be located in the State in the development of the State plan to serve local educational agencies under its jurisdiction in order to improve the coordination of activities under this Act, to meet the purpose of this title, and to meet the unique cultural, language, and educational needs of American Indian, Alaska Native, and Native Hawaiian students. (d) Parental involvement Each State plan shall describe how the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parental involvement practices. Such practices shall— (1) be based on the most current research that meets the highest professional and technical standards, on effective parental involvement that fosters achievement to high standards for all children; and (2) be geared toward lowering barriers to greater participation by parents in school planning, review, and improvement experienced. (e) Peer review (1) Secretarial duties The Secretary shall— (A) establish a peer-review process to assist in the review of State plans; and (B) appoint individuals to the peer-review process who are representative of parents, teachers, State educational agencies, and local educational agencies, and, where applicable, representatives of tribes or tribal organizations who are familiar with educational standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students. (2) Peer review report The peer review panel will provide their views on whether the State’s plan complies with the requirements of this section and the degree to which it is likely to improve the academic achievement of all students to the Secretary and to the State. The Secretary shall make the peer review panel’s report public and shall provide copies to the Committee on Health, Education Labor, and Pensions of the Senate and the Education and Workforce Committee of the House of Representatives. (3) Approval The Secretary shall approve a State plan within 120 days of its submission unless the Secretary determines that the State has not included all required information in its plan. (4) Opportunity to revise If the Secretary determines that the State has not included all required information in its State plan, the Secretary shall offer the State the opportunity to revise its plan. A State educational agency shall revise its State plan to include all required information in order to receive funds under subpart 2. (5) Limits to Secretary's power The Secretary shall not have the authority to disapprove how the State plans to fulfill the requirements of this section, nor shall the Secretary have the authority to require a State, as a condition of approval, funding, or priority for funding under this Act, to include or delete from the State plan 1 or more elements associated with the State’s standards, curriculum, or assessments. (f) Duration of the plan (1) In general Each State plan shall— (A) remain in effect for the duration of the State’s participation under this part; and (B) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State’s strategies and programs under this part. (2) Additional information If significant changes are made to a State’s plan, such as the adoption of new State academic content standards and State student achievement standards, new academic assessments, or a new definition of meeting State standards, such information shall be submitted to the Secretary. The Secretary shall have no authority to approve or disapprove such changes. (g) Reports (1) Annual State report card (A) In general A State that receives assistance under this part shall prepare and disseminate an annual State report card to the public. (B) Implementation The State report card shall be— (i) concise; and (ii) presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents and the community can understand. (C) Required information The State shall include in its annual State report card— (i) a clear and concise description of the State’s accountability system, including a description of the criteria by which the State evaluates school performance, and the criteria that the State has established, consistent with subsection (b)(2) and section 1116, to determine the status of schools in the State's multi-tiered system; (ii) information, in the aggregate, on student achievement at each proficiency level on the State academic assessments described in subsection (b)(3) (disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student); (iii) information that provides a comparison between the actual achievement levels of each group of students described in subsection (b)(2)(C)(v) and the State’s annual measurable objectives for each such group of students on each of the academic assessments required under this part; (iv) the percentage of students not tested (disaggregated by the same categories and subject to the same exception described in clause (i)); (v) the most recent 2-year trend in student achievement in each subject area, and for each grade level, for which assessments under this section are required; (vi) aggregate information on any other indicators used by the State to determine whether students have met or are making satisfactory progress toward meeting State standards; (vii) graduation rates for secondary school students consistent with subsection (b)(2)(C)(vi); (viii) information on the performance of local educational agencies and schools in the State regarding whether such agencies and schools have met or are making satisfactory progress toward meeting State standards, including the names of each school identified in each tier under section 1116(c); and (ix) the professional qualifications of teachers in the State, the percentage of such teachers teaching with emergency or provisional credentials, and the percentage of classes in the State not taught by highly effective teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, means schools in the top quartile of poverty and the bottom quartile of poverty in the State. (D) Optional information The State may include in its annual State report card other information as the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public elementary schools and public secondary schools, such as the following: (i) School attendance rates. (ii) Average class size in each grade. (iii) Academic achievement and gains in English proficiency of limited English proficient students. (iv) The incidence of school violence, drug abuse, alcohol abuse, student suspensions, and student expulsions. (v) The extent and type of parental involvement in the schools. (vi) The percentage of students completing advanced placement or dual enrollment courses, and the rate of passing of advanced placement tests. (2) Annual local educational agency report cards to the public (A) Report cards A local educational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card. (B) Minimum requirements The State educational agency shall ensure that each local educational agency collects appropriate data and includes in the local educational agency’s annual report card the information described in paragraph (1)(C) as applied to the local educational agency and each school served by the local educational agency, and— (i) in the case of a local educational agency— (I) the number and percentage of schools identified in each tier under section 1116(c) and how long the schools have been so identified; and (II) information that shows how students served by the local educational agency achieved on the statewide academic assessment compared to students in the State as a whole; and (ii) in the case of a school— (I) the tier the school is in under section 1116; and (II) information that shows how the school’s students achievement on the statewide academic assessments and other indicators of meeting State standards compared to students in the local educational agency and the State as a whole. (C) Other information A local educational agency may include in its annual local educational agency report card any other appropriate information, whether or not such information is included in the annual State report card. (D) Data A local educational agency or school shall only include in its annual local educational agency report card data that are sufficient to yield statistically reliable information, as determined by the State, and that do not reveal personally identifiable information about an individual student. (E) Public dissemination The local educational agency shall publicly disseminate the information described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending those schools in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand, and make the information widely available through public means, such as posting on the Internet, distribution to the media, and distribution through public agencies, except that if a local educational agency issues a report card for all students, the local educational agency may include the information under this section as part of such report. (3) Preexisting report cards A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (4) Annual State report to the secretary Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State— (A) information on the achievement of students on the academic assessments required by subsection (b)(3), including the disaggregated results for the categories of students identified in subsection (b)(2)(C)(v); (B) information on the acquisition of English language proficiency by children with limited English proficiency; (C) the number and names of each school in the tiers described in paragraphs (2), (3), and (4) of section 1116(c), the reason why each school was so identified, and the measures taken to address the achievement problems of such schools; (D) the number of students and schools that participated in public school choice and supplemental service programs and activities under this title; and (E) information on the quality of teachers and the percentage of classes being taught by highly effective teachers in the State and in each local educational agency and school. (5) Report to congress The Secretary shall transmit annually to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that provides national and State-level data on the information collected under paragraph (4). (6) Parents right-to-know (A) Qualifications At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including, at a minimum, the following: (i) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. (ii) Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived. (iii) The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree. (iv) Whether the child’s teacher is highly effective under the definition adopted by the State. (v) Whether the child is provided services by paraprofessionals and, if so, their qualifications. (B) Additional information In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent information on the level of achievement of the parent’s child in each of the State academic assessments as required under this part. (C) Format The notice and information provided to parents under this paragraph shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (h) Privacy Information collected under this section shall be collected and disseminated in a manner that protects the privacy of individuals. (i) Technical assistance The Secretary shall provide a State educational agency, at the State educational agency’s request, technical assistance in meeting the requirements of this section. (j) Voluntary partnerships A State may enter into a voluntary partnership with another State to develop and implement the academic assessments and standards required under this section. (k) Construction Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes. (l) Special rule with respect to bureau-funded schools In determining the assessments to be used by each operated or funded by BIA school receiving funds under this part, the following shall apply: (1) Each such school that is accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment as approved by the Secretary of the Interior. (2) Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment, in consultation with and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, that meets the requirements of this section. (3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment meets the requirements of this section. 1112. Local educational agency plans (a) Plans required (1) Subgrants A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the McKinney-Vento Homeless Assistance Act, and other Acts, as appropriate. (2) Consolidated application The plan may be submitted as part of a consolidated application under section 9305. (b) Plan provisions (1) In general In order to help low-achieving children meet challenging achievement academic standards, each local educational agency plan shall include— (A) a description of high-quality student academic assessments, if any, that are in addition to the academic assessments described in the State plan under section 1111(b)(3), that the local educational agency and schools served under this part will use— (i) to determine the success of children served under this part in meeting the State student academic achievement standards, and to provide information to teachers, parents, and students on the progress being made toward meeting the State student academic achievement standards described in section 1111(b)(1)(D)(ii); (ii) to assist in diagnosis, teaching, and learning in the classroom in ways that best enable low-achieving children served under this part to meet State student achievement academic standards and do well in the local curriculum; (iii) to determine what revisions are needed to projects under this part so that such children meet the State student academic achievement standards; and (iv) to identify effectively students who may be at risk for reading failure or who are having difficulty reading, through the use of screening, diagnostic, and classroom-based instructional reading assessments, as defined under section 1208; (B) at the local educational agency’s discretion, a description of any other indicators that will be used in addition to the academic indicators described in section 1111(b)(2) for the uses described in such section; (C) a description of how the local educational agency will provide additional educational assistance to individual students assessed as needing help in meeting the State’s challenging student academic achievement standards; (D) a description of the strategy the local educational agency will use to coordinate programs under this part with programs under title II to provide professional development for teachers and principals, and, if appropriate, pupil services personnel, administrators, parents and other staff, including local educational agency level staff in accordance with sections 1118 and 1119; (E) a description of how the local educational agency will coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as— (i) Head Start and other preschool programs, including plans for the transition of participants in such programs to local elementary school programs; and (ii) services for— (I) children with limited English proficiency, (II) children with disabilities; (III) migratory children; (IV) neglected or delinquent youth; (V) American Indian, Alaska Native, and Native Hawaiian children; (VI) homeless children; and (VII) immigrant children, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program; (F) an assurance that the local educational agency will participate, if selected, in the State National Assessment of Educational Progress in 4th and 8th grade reading and mathematics carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act; (G) a description of the poverty criteria that will be used to select school attendance areas under section 1113; (H) a description of how teachers, in consultation with parents, administrators, and pupil services personnel, in targeted assistance schools under section 1115, will identify the eligible children most in need of services under this part; (I) a general description of the nature of the programs to be conducted by such agency’s schools under sections 1114 and 1115 and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs; (J) a description of how the local educational agency will ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; (K) if appropriate, a description of how the local educational agency will use funds under this part to support preschool programs for children, particularly children participating in a Head Start program, which services may be provided directly by the local educational agency or through a subcontract with the local Head Start agency designated by the Secretary of Health and Human Services under section 641 of the Head Start Act, or another comparable public early childhood development program; (L) a description of the actions the local educational agency will take to assist its low-achieving schools identified in the tiers described in paragraphs (2), (3), and (4) of section 1116(c); (M) a description of the actions the local educational agency will take to implement public school choice and supplemental services, if applicable, consistent with the requirements of section 1116(c); (N) a description of how the local educational agency will meet the requirements of section 1119; (O) a description of the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(c)(3)(A); (P) a description of the strategy the local educational agency will use to implement effective parental involvement under section 1118; (Q) where appropriate, a description of how the local educational agency will use funds under this part to support after school (including before school and summer school) and school-year extension programs; and (R) where applicable, a description of the procedure that the local educational agency will use to engage in timely, ongoing, and meaningful consultation with representatives of Indian tribes and Native organizations located in the area served by the local educational agency, in the development of the local plan in order to improve the coordination of activities under this Act, to meet the purposes of this title, and to meet the unique cultural, language, and educational needs of American Indian, Alaska Native, and Native Hawaiian students. (2) Exception The academic assessments and indicators described in subparagraphs (A) and (B) of paragraph (1) shall not be used— (A) in lieu of the academic assessments required under section 1111(b)(3) and other State academic indicators under section 1111(b)(2); or (B) to reduce the number of, or change which, schools would otherwise be identified in the tiers described in paragraphs (2), (3), or (4) of section 1116(c), if such additional assessments or indicators described in such subparagraphs were not used, but such assessments and indicators may be used to identify additional schools for school improvement. (c) Assurances (1) In general Each local educational agency plan shall provide assurances that the local educational agency will— (A) inform eligible schools and parents of schoolwide program authority and the ability of such schools to consolidate funds from Federal, State, and local sources; (B) provide technical assistance and support to schoolwide programs; (C) work in consultation with schools as the schools develop the schools’ plans pursuant to section 1114 and assist schools as the schools implement such plans or undertake activities pursuant to section 1115 so that each school can meet, or make satisfactory progress toward meeting, State standards; (D) fulfill such agency’s school improvement responsibilities under section 1116, including taking actions under subsections (c), (d), and (f) of section 1116; (E) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services; (F) take into account the experience of model programs for the educationally disadvantaged, and the findings of relevant scientifically based research indicating that services may be most effective if focused on students in the earliest grades at schools that receive funds under this part; (G) in the case of a local educational agency that chooses to use funds under this part to provide early childhood development services to low-income children below the age of compulsory school attendance, ensure that such services comply with the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act or the State’s early learning standards; (H) work in consultation with schools as the schools develop and implement their plans or activities under sections 1118 and 1119; (I) comply with the requirements of section 1119 regarding the qualifications of teachers and paraprofessionals and professional development; (J) inform eligible schools of the local educational agency’s authority to obtain waivers on the school’s behalf under title IX and, if the State is an Ed-Flex Partnership State, to obtain waivers under the Education Flexibility Partnership Act of 1999; (K) coordinate and collaborate, to the extent feasible and necessary as determined by the local educational agency, with the State educational agency, other agencies, and representatives of Indian tribes and Native organizations present in the area served providing services to children, youth, and families with respect to a school that has been identified in a tier described in paragraph (2), (3), or (4) of section 1116(c) if such a school requests assistance from the local educational agency in addressing major factors that have significantly affected student achievement at the school; (L) ensure, through incentives for voluntary transfers, the provision of professional development, recruitment programs, or other effective strategies, that low-income students and minority students are not taught at higher rates than other students by unqualified, out-of-field, or inexperienced teachers; (M) use the results of the student academic assessments required under section 1111(b)(3), and other measures or indicators available to the agency, to review annually the progress of each school served by the agency and receiving funds under this part to determine whether all of the schools are meeting or making satisfactory progress toward meeting State standards as determined by the State; (N) ensure that the results from the academic assessments required under section 1111(b)(3) will be provided to parents and teachers as soon as is practicably possible after the test is taken, in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; (O) assist each school served by the agency and assisted under this part in developing or identifying examples of high-quality, effective curricula consistent with section 1111(b)(8)(D); and (P) engage in timely and meaningful consultation with representatives of Indian tribes and Native organizations located in the area served by the local educational agency. (2) Special rule In carrying out subparagraph (G) of paragraph (1), the Secretary— (A) shall consult with the Secretary of Health and Human Services and shall establish procedures (taking into consideration existing State and local laws, and local teacher contracts) to assist local educational agencies to comply with such subparagraph; and (B) shall disseminate to local educational agencies the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act, and such agencies affected by such subparagraph shall plan for the implementation of such subparagraph (taking into consideration existing State and local laws, and local teacher contracts), including pursuing the availability of other Federal, State, and local funding sources to assist in compliance with such subparagraph. (d) Plan development and duration (1) Consultation Each local educational agency plan shall be developed in consultation with teachers, principals, administrators (including administrators of programs described in other parts of this title), other appropriate school personnel, representatives of local Indian tribes and Native organizations located in the area served by the local educational agency, and parents of children in schools served under this part. (2) Duration Each such plan shall be submitted for the first year for which this part is in effect following the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (3) Review Each local educational agency shall periodically review and, as necessary, revise its plan. (e) State approval (1) In general Each local educational agency plan shall be filed according to a schedule established by the State educational agency. (2) Approval The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan— (A) enables schools served under this part to substantially help children served under this part meet the academic standards expected of all children described in section 1111(b)(1); and (B) meets the requirements of this section. (3) Review The State educational agency shall review the local educational agency’s plan to determine if such agencies activities are in accordance with sections 1118 and 1119. (f) Program responsibility The local educational agency plan shall reflect the shared responsibility of schools, teachers, and the local educational agency in making decisions regarding activities under sections 1114 and 1115. (g) Parental notification (1) Notice Each local educational agency using funds under this part to provide a language instruction educational program as determined in part C of title III shall, not later than 30 days after the beginning of the school year, inform a parent or parents of a limited English proficient child identified for participation or participating in, such a program of— (A) the reasons for the identification of their child as limited English proficient and in need of placement in a language instruction educational program; (B) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; (C) the methods of instruction used in the program in which their child is, or will be participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; (D) how the program in which their child is, or will be participating, will meet the educational strengths and needs of their child; (E) how such program will specifically help their child learn English, and meet age-appropriate academic achievement standards for grade promotion and graduation; (F) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for limited English proficient children, and the expected rate of graduation from secondary school for such program if funds under this part are used for children in secondary schools; (G) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; (H) information pertaining to parental rights that includes written guidance— (i) detailing— (I) the right that parents have to have their child immediately removed from such program upon their request; and (II) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (ii) assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity. (2) Notice The notice and information provided in paragraph (1) to a parent or parents of a child identified for participation in a language instruction educational program for limited English proficient children shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (3) Special rule applicable during the school year For those children who have not been identified as limited English proficient prior to the beginning of the school year the local educational agency shall notify parents within the first 2 weeks of the child being placed in a language instruction educational program consistent with paragraphs (1) and (2). (4) Parental participation Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of limited English proficient students to inform the parents regarding how the parents can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet challenging State academic achievement standards and State academic content standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part. (5) Basis for admission or exclusion A student shall not be admitted to, or excluded from, any Federally assisted education program on the basis of a surname or language-minority status. 1113. Eligible school attendance areas (a) Determination (1) In general A local educational agency shall use funds received under this part only in eligible school attendance areas. (2) Eligible school attendance areas For the purposes of this part— (A) the term school attendance area (B) the term eligible school attendance area (3) Ranking order If funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall— (A) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and (B) serve such eligible school attendance areas in rank order. (4) Remaining funds If funds remain after serving all eligible school attendance areas under paragraph (3), a local educational agency shall— (A) annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and (B) serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole. (5) Measures The local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— (A) to identify eligible school attendance areas; (B) to determine the ranking of each area; and (C) to determine allocations under subsection (c). (6) Exception This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children. (7) Waiver for desegregation plans The Secretary may approve a local educational agency’s written request for a waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if— (A) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and (B) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part. (b) Local educational agency discretion (1) In general Notwithstanding subsection (a)(2), a local educational agency may— (A) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families; (B) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency; (C) designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and (D) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if— (i) the school meets the comparability requirements of section 1120A(c); (ii) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of section 1114 or 1115; and (iii) the funds expended from such other sources equal or exceed the amount that would be provided under this part. (2) Special rule Notwithstanding paragraph (1)(D), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A). (c) Allocations (1) In general A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under subsections (a) and (b), in rank order, on the basis of the total number of children from low-income families in each area or school. (2) Special rule (A) In general Except as provided in subparagraph (B), the per-pupil amount of funds allocated to each school attendance area or school under paragraph (1) shall be at least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 1112, except that this paragraph shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater. (B) Exception A local educational agency may reduce the amount of funds allocated under subparagraph (A) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of section 1114 or 1115. (3) Reservation A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve— (A) homeless children who do not attend participating schools, including providing educationally related support services to children in shelters and other locations where children may live; (B) children in local institutions for neglected children; and (C) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs. (4) Financial incentives and rewards reservation A local educational agency may reserve such funds as are necessary from those funds received by the local educational agency under title II, and not more than 5 percent of those funds received by the local educational agency under subpart 2, to provide financial incentives and rewards to teachers who serve in schools eligible under this section and identified in a tier described in paragraph (2), (3), or (4) of section 1116(c) for the purpose of attracting and retaining qualified and effective teachers. 1114. Schoolwide programs (a) Use of funds for schoolwide programs (1) In general A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families. (2) Identification of students not required (A) In general No school participating in a schoolwide program shall be required— (i) to identify particular children under this part as eligible to participate in a schoolwide program; or (ii) to provide services to such children that are supplementary, as otherwise required by section 1120A(b). (B) Supplemental funds A school participating in a schoolwide program shall use funds available to carry out this section only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and children with limited English proficiency. (3) Exemption from statutory and regulatory requirements (A) Exemption Except as provided in subsection (b), the Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act, except as provided in section 613(a)(2)(D) of such Act), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met. (B) Requirements A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, maintenance of effort, comparability of services, uses of Federal funds to supplement, not supplant non-Federal funds, or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs. (C) Records A school that consolidates and uses funds from different Federal programs under this section shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program. (4) Professional development Each school receiving funds under this part for any fiscal year shall devote sufficient resources to effectively carry out the activities described in subsection (b)(1)(D) in accordance with section 1119 for such fiscal year, except that a school may enter into a consortium with another school to carry out such activities. (b) Components of a schoolwide program (1) In general A schoolwide program shall include the following components: (A) A comprehensive needs assessment of the entire school (including taking into account the needs of migratory children as defined in section 1309(2)) that is based on information which includes the achievement of children in relation to the State academic content standards and the State student academic achievement standards described in section 1111(b)(1). (B) Schoolwide reform strategies that— (i) provide opportunities for all children to meet the State’s proficient and advanced levels of student academic achievement described in section 1111(b)(1)(D); (ii) use effective methods and instructional strategies that are based on scientifically based research that— (I) strengthen the core academic program in the school; (II) increase the amount and quality of learning time, such as providing an extended school year and before- and after-school and summer programs and opportunities, and help provide an enriched and accelerated curriculum; and (III) include strategies for meeting the educational needs of historically underserved populations; (iii) (I) include strategies to address the needs of all children in the school, but particularly the needs of low-achieving children and those at risk of not meeting the State student academic achievement standards who are members of the target population of any program that is included in the schoolwide program, which may include— (aa) counseling, pupil services, and mentoring services; (bb) college and career awareness and preparation, such as college and career guidance, personal finance education, and innovative teaching methods, which may include applied learning and team-teaching strategies; and (cc) the integration of career and technical education, arts, and physical education programs; and (II) address how the school will determine if such needs have been met; and (iv) are consistent with, and are designed to implement, the State and local improvement plans, if any. (C) Instruction by highly effective teachers. (D) In accordance with section 1119 and subsection (a)(4), high-quality and ongoing professional development for teachers, principals, and paraprofessionals and, if appropriate, pupil services personnel, parents, and other staff to enable all children in the school to meet the State’s student academic achievement standards. (E) Strategies to attract high-quality highly effective teachers to high-need schools. (F) Strategies to increase parental involvement in accordance with section 1118, such as family literary services. (G) Plans for assisting preschool children in the transition from early childhood programs, such as Head Start or a State-run preschool program, to local elementary school programs. (H) Measures to include teachers in the decisions regarding the use of academic assessments described in section 1111(b)(3) in order to provide information on, and to improve, the achievement of individual students and the overall instructional program. (I) Activities to ensure that students who experience difficulty mastering the proficient or advanced levels of academic achievement standards required by section 1111(b)(1) shall be provided with effective, timely additional assistance which shall include measures to ensure that students’ difficulties are identified on a timely basis and to provide sufficient information on which to base effective assistance. (J) Coordination and integration of Federal, State, and local services and programs, including programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start, adult education, vocational and technical education, and job training. (2) Plan (A) In general Any eligible school that desires to operate a schoolwide program shall first develop (or amend a plan for such a program that was in existence on the day before the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (i) describes how the school will implement the components described in paragraph (1); (ii) describes how the school will use resources under this part and from other sources to implement those components; (iii) includes a list of State educational agency and local educational agency programs and other Federal programs under subsection (a)(3) that will be consolidated in the schoolwide program; and (iv) describes how the school will provide individual student academic assessment results in a language the parents can understand, including an interpretation of those results, to the parents of a child who participates in the academic assessments required by section 1111(b)(3). (B) Plan development The comprehensive plan shall be— (i) developed during a one-year period, unless— (I) the local educational agency, after considering the recommendation of the technical assistance providers under section 1117, determines that less time is needed to develop and implement the schoolwide program; or (II) the school is operating a schoolwide program on the day preceding the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (ii) developed with the involvement of parents and other members of the community to be served and individuals who will carry out such plan, including teachers, principals, and administrators (including administrators of programs described in other parts of this title), and, if appropriate, pupil services personnel, technical assistance providers, school staff, and, if the plan relates to a secondary school, students from such school; (iii) in effect for the duration of the school’s participation under this part and reviewed and revised, as necessary, by the school; (iv) available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; and (v) if appropriate, developed in coordination with programs under the Carl D. Perkins Career and Technical Education Act of 2006 and the Head Start Act. (c) Prekindergarten program A school that is eligible for a schoolwide program under this section may use funds made available under this part to establish or enhance prekindergarten programs for children below the age of 6. 1115. Targeted assistance schools (a) In general In all schools selected to receive funds under section 1113(c) that are ineligible for a schoolwide program under section 1114, or that choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for programs that provide services to eligible children under subsection (b) identified as having the greatest need for special assistance. (b) Eligible children (1) Eligible population (A) In general The eligible population for services under this section is— (i) children not older than age 21 who are entitled to a free public education through grade 12; and (ii) children who are not yet at a grade level at which the local educational agency provides a free public education. (B) Eligible children from eligible population From the population described in subparagraph (A), eligible children are children identified by the school as failing, or most at risk of failing, to meet the State’s challenging student academic achievement standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school, except that children from preschool through grade 2 shall be selected solely on the basis of such criteria as teacher judgment, interviews with parents, and developmentally appropriate measures. (2) Children included (A) In general Children who are economically disadvantaged, children with disabilities, migrant children, American Indian, Alaska Native or Native Hawaiian children, or limited English proficient children, are eligible for services under this part on the same basis as other children selected to receive services under this part. (B) Head start children A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program or in preschool services under this title, is eligible for services under this part. (C) Part c children A child who, at any time in the 2 years preceding the year for which the determination is made, received services under part C is eligible for services under this part. (D) Neglected or delinquent children A child in a local institution for neglected or delinquent children and youth or attending a community day program for such children is eligible for services under this part. (E) Homeless children A child who is homeless and attending any school served by the local educational agency is eligible for services under this part. (F) Indian children A child who, at any time in the 2 years preceding the year for which the determination is made, received services under title VII is eligible for services under this part. (3) Special rule Funds received under this part may not be used to provide services that are otherwise required by law to be made available to children described in paragraph (2) but may be used to coordinate or supplement such services. (c) Components of a targeted assistance school program (1) In general To assist targeted assistance schools and local educational agencies to meet their responsibility to provide for all their students served under this part the opportunity to meet the State’s challenging student academic achievement standards in subjects as determined by the State, each targeted assistance program under this section shall— (A) use such program’s resources under this part to help participating children meet such State’s challenging student academic achievement standards expected for all children; (B) ensure that planning for students served under this part is incorporated into existing school planning; (C) use effective methods and instructional strategies that are based on scientifically based research that strengthens the core academic program of the school and may include— (i) extended learning time, such as an extended school year, before- and after-school, and summer programs and opportunities; (ii) help provide an accelerated, high-quality curriculum, including applied learning; (iii) positive behavioral interventions and supports and response to intervention; and (iv) minimize removing children from the regular classroom during regular school hours for instruction provided under this part; (D) coordinate with and support the regular education program, which may include services to assist preschool children in the transition from early childhood programs such as Head Start and State-run preschool programs to elementary school programs; (E) provide instruction by highly effective teachers; (F) in accordance with subsection (e)(3) and section 1119, provide opportunities for professional development with resources provided under this part, and, to the extent practicable, from other sources, for teachers, principals, and paraprofessionals, including, if appropriate, pupil services personnel, parents, and other staff, who work with participating children in programs under this section or in the regular education program; (G) provide strategies to increase parental involvement in accordance with section 1118, such as family literacy services; and (H) coordinate and integrate Federal, State, and local services and programs, including programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start, adult education, vocational and technical education, and job training. (2) Requirements Each school conducting a program under this section shall assist participating children selected in accordance with subsection (b) to meet the State’s proficient and advanced levels of achievement by— (A) the coordinating of resources provided under this part with other resources; and (B) reviewing, on an ongoing basis, the progress of participating children and revising the targeted assistance program, if necessary, to provide additional assistance to enable such children to meet the State’s challenging student academic achievement standards, such as an extended school year, before- and after-school, and summer programs and opportunities, training for teachers regarding how to identify students who need additional assistance, and training for teachers regarding how to implement student academic achievement standards in the classroom. (d) Integration of professional development To promote the integration of staff supported with funds under this part into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this part may— (1) participate in general professional development and school planning activities; and (2) assume limited duties that are assigned to similar personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school. (e) Special rules (1) Simultaneous service Nothing in this section shall be construed to prohibit a school from serving students under this section simultaneously with students with similar educational needs, in the same educational settings where appropriate. (2) Comprehensive services If— (A) health, nutrition, and other social services are not otherwise available to eligible children in a targeted assistance school and such school, if appropriate, has engaged in a comprehensive needs assessment and established a collaborative partnership with local service providers; and (B) funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this part may be used as a last resort to provide such services, including— (i) the provision of basic medical equipment, such as eyeglasses and hearing aids; (ii) compensation of a coordinator; and (iii) professional development necessary to assist teachers, pupil services personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children. (3) Professional development Each school receiving funds under this part for any fiscal year shall devote sufficient resources to carry out effectively the professional development activities described in subparagraph (F) of subsection (c)(1) in accordance with section 1119 for such fiscal year, and a school may enter into a consortium with another school to carry out such activities. 1116. Academic assessment and local educational agency and school improvement (a) Establishment of new State flexibility in accountability requirements (1) In general Beginning one year after the date of enactment of the Educational Accountability and State Flexibility Act of 2013 and except as provided in paragraph (2), each State educational agency and local educational agency shall determine the performance of, and consequences for, the public schools served under this part in accordance with this section. (2) State flexibility A State that has received a waiver pursuant to the Secretary's authority under section 9401 before the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (b) Evaluation (1) In general Each State educational agency shall, for each year and in coordination with each local educational agency, evaluate a school's performance for the previous school year to— (A) determine whether the school has met State standards or is making satisfactory progress toward meeting State standards; and (B) assign each school to a tier described in subsection (c). (2) Considerations In determining the proper tier for a school, the State educational agency shall consider, at a minimum— (A) each school's performance and progress toward ensuring that each student is proficient on State standards or is making satisfactory progress toward attaining proficiency on the State’s standards, as measured by the State academic assessments and other indicators described in the State and local plans under sections 1111 and 1112; and (B) is on track to graduate from high school on time or, for students with an individualized educational program, within the period allowed under the Individuals with Disabilities Education Act. (c) Accountability tiers Each State shall develop an accountability system to identify schools that consists of a series of tiers and shall assign rational and appropriate consequences to each tier. The system shall include, at a minimum, the following tiers and consequences for each tier: (1) Meeting State standards (A) Description This tier shall include each school in the State that meets the requirements of subparagraphs (B) and (C) of section 1111(b)(2). (B) Consequence The State educational agency shall provide a school in this tier with appropriate recognition and shall ensure that the school’s best practices are disseminated to other local educational agencies in the State. (2) Nearly meeting State standards and making growth (A) Description This tier shall include each school in the State that— (i) has not met the requirements of subparagraphs (B) and (C) of section 1111(b)(2) for not more than 2 of the subgroups of students described in section 1111(b)(2)(C)(v)(II) for which data must be disaggregated; and (ii) demonstrates that the school is making satisfactory progress toward meeting such standards, such as by satisfying the safe harbor provisions of section 1111(b)(2)(I) or as required by the State plan under section 1111(h). (B) Consequences (i) The State educational agency shall provide each school in this tier with appropriate recognition for the school's successes and growth. (ii) The local educational agency shall ensure that each such school creates, and submits for approval by the local educational agency, a research-based improvement plan for the students in such subgroups attending the school who are in any of grades 3 through 12 and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts, or for improving the graduation rate, as applicable, and implements the approved plan. (3) Not meeting State standards for a significant number of categories (A) Description This tier shall include each school in the State that— (i) did not meet the requirements of subparagraphs (B) and (C) of section 1111(b)(2) for a significant number of subgroups; and (ii) is not showing enough improvement to provide reasonable confidence that the students will be meeting or making satisfactory progress toward meeting State standards as required by the State plan under section 1111(b) or that the graduation rate will improve within the number of years required by the State plan. (B) Consequences (i) Recognition The State educational agency shall ensure that each school in this tier receives recognition for what the school is doing well. (ii) Improvement plan (I) In general The local educational agency serving each school in this tier shall audit the policies and practices of the school, as described in subsection (d), and, based on the results, shall create, in consultation with parents, teachers, administrators, and as applicable, representatives of tribes or Native organizations that are serving students who attend the school, and submit to the State educational agency for approval, a research-based improvement plan for the students in each subgroup of students attending the school who are in any of grades 3 through 12 and who did not meet or exceed the proficient level on the most recent State assessment in mathematics, reading or language arts, for improving the graduation rate in the school, or for the school as a whole, as appropriate, and implement the approved plan. (II) Requirements A plan described in this clause shall include valid, reliable, evidence-based interventions and may be developed with the assistance of a nonprofit organization with demonstrated effectiveness in school improvement research or implementation. (iii) Supplemental educational services (I) In general The local educational agency shall provide supplemental educational services to students attending the school who are in any of grades 3 through 12, who are in the subgroups that did not meet the State standards, and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts, in accordance with subsection (e) of this section, as such section was in effect on the day before the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (II) Additional rules In addition to the other requirements of this clause— (aa) in order to provide services under this subsection to students in a school, a provider on the list of approved providers across the State must also have provided the State with evidence that the provider is successful at serving any subgroup of students at the school that did not meet State standards for the preceding year; (bb) local educational agencies may negotiate performance-based contracts with providers regarding— (AA) the hourly rates for the supplemental educational services and the minimum supplemental educational services hours provided; (BB) tutor qualifications and the curriculum to be provided, particularly for serving students who are limited English proficient and children with disabilities; and (CC) other programmatic and financial management factors. (iv) Technical assistance The State educational agency shall provide technical assistance to assist the local educational agency to improve student proficiency or graduation rates at a school identified under this subsection and may require the local educational agency to implement specific and appropriate interventions. (4) Not meeting State standards for a significant number of categories for multiple years (A) Description This tier shall include each school in the State that— (i) did not meet the requirements of subparagraphs (B) and (C) of section 1111(b)(2) for a significant number of subgroups; and (ii) is showing little or no improvement. (B) Consequences (i) Audit and implementation of turnaround model or school improvement strategies The State shall conduct an in-depth audit of the school and shall require the local educational agency to implement— (I) an alternative model of governance allowed under State law; or (II) school improvement strategies based on a system of support model described in subsection (d). (ii) Consultation A State educational agency shall determine the appropriate models or strategies to be used in accordance with clause (i), but shall engage in meaningful consultation with the local educational agency serving such school, educators, Indian tribes or Native organizations located in the area served by the school, and parents before making a final determination. (iii) No Federal influence The Secretary shall not prioritize, incentivize, or require the use of, any particular method of school turnaround or school improvement strategy. (iv) Supplemental educational services The State educational agency shall require that the local educational agency provide supplemental educational services to students attending the school who are enrolled in any of grades 3 through 12 and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts, in accordance with paragraph (3)(B)(iii). (v) Public school choice (I) In general Not later than the first day of the school year following a school's classification in this tier, the local educational agency serving the school may provide students in grades 3 through 12 who are enrolled in the school and who did not meet or exceed the proficient level on the most recent State assessment in mathematics or in reading or language arts with the option to transfer to another public school served by the local educational agency in accordance with subclause (II), which may include a public charter school, that has not been identified for school improvement under this paragraph, unless such an option is prohibited by State law. The local educational agency shall provide, or shall pay for the provision of, transportation to the public school the student attends if the local educational agency chooses to make this option available. (II) Transfer Students who use the option to transfer under this clause shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school. (III) Special rules Notwithstanding the requirements of this clause, a local educational agency shall not be required to provide students with the option to transfer to a school under this subparagraph if doing so would expose students to unsafe or unreasonable transportation routes or means or if there is no higher-performing school within the school district that has the space or capacity to serve them. (vi) Withholding of State or Federal funds A State shall have full authority to mandate any necessary changes to a school in order to effect improvement and to withhold Federal funding made available by this act or State funding. (5) State determinations The State educational agency shall determine the number of subgroups of students and the number of years of improvement that are required for a school to be designated as part of a particular tier. The Secretary shall not approve, disapprove, prioritize, or otherwise control the decision made by the State with regard to this provision. (d) System of support model Subject to section 1117, a system of support model described in this subsection shall provide aligned resources, information, tools, professional development, and technical assistance to assist local educational agencies and schools to improve. A State educational agency that chooses to implement a system of support model for school improvement shall implement strategies and assistance as required by the needs of the school. This model shall include a review, and, if necessary, assistance in the following areas: (1) Curriculum development, alignment with performance standards, and implementation in classrooms. (2) Assessment, including formative and summative data collection and review, alignment with curriculum and performance standards, and use of data to guide instruction. (3) Instruction, including applying multiple effective strategies, differentiated instruction, response to intervention, and alignment with performance standards. (4) Supportive learning environment, including effective classroom management, maximizing instructional time, discipline or behavior plans, attendance, parent and community involvement, extended learning, and positive behavioral intervention and support. (5) Professional development, such as job-embedded, results-oriented, data-driven mentoring. (6) Leadership, including— (A) developing and implementing effective improvement strategies; (B) creating a positive learning environment and effective adult learning community; (C) parental and community engagement; (D) using data to improve student progress; (E) teacher supervision, support, evaluation, and collaboration; and (F) the school's mission, vision, and goals. (e) State plan A State shall include a description of the State's multi-tiered system under this section in the State plan submitted under section 1111(a), and shall provide to the Secretary such information as the Secretary may reasonably require relating to the system and the performance of the State's schools in the system in the State's report under section 1111(h)(2). The Secretary shall have no authority to approve or disapprove the system under such plan. (f) Funds for transportation and supplemental educational services (1) In general Subject to subsection (c)(4)(B)(v), a local educational agency may reserve funds from its allocation under subpart 2 to provide transportation as required under subsection (c)(4)(E) and to satisfy all requests for supplemental educational services under section 1116(e), subject to paragraph (2). (2) Unused funds Beginning 30 days after the first day of a school year, a local educational agency may spend the amount reserved under paragraph (1) for other purposes, if the local educational agency certifies to the State educational agency that all families of students eligible for transportation under subsection (c)(4)(E), or supplemental educational services under subsection (c), have been notified of the opportunity and have been provided with a reasonable period of time to change schools or enroll in supplemental educational services, as appropriate. (g) Schools funded by the bureau of indian education (1) Meeting standards or making satisfactory progress toward meeting standards for bureau funded schools (A) Development of definition (i) Definition The Secretary of the Interior, in consultation with the Secretary if the Secretary of Interior requests the consultation, using the process set out in section 1138(b) of the Education Amendments of 1978, shall define meeting or making satisfactory progress toward meeting State standards, for the schools funded by the Bureau of Indian Education on a regional or tribal basis, as appropriate, taking into account the unique circumstances and needs of such schools and the students served by such schools. (ii) Use of definition The Secretary of the Interior, consistent with clause (i), may use the definition of meeting or making satisfactory progress toward meeting State standards that the State in which the school that is funded by the Bureau is located uses consistent with section 1111(b), or in the case of schools that are located in more than one State, the Secretary of the Interior may use whichever State definition that best meets the unique circumstances and needs of such school or schools and the students the schools serve. (B) Waiver The tribal governing body or school board of a school funded by the Bureau of Indian Education may waive, in part or in whole, the definition of meeting or making satisfactory progress toward meeting State standards established pursuant to subparagraph (A) where such definition is determined by such body or school board to be inappropriate. If such definition is waived, the tribal governing body or school board shall, within 60 days thereafter, submit to the Secretary of Interior a proposal for an alternative definition of meeting or making satisfactory progress toward meeting State standards, consistent with section 1111(b), that takes into account the unique circumstances and needs of such school or schools and the students served. The Secretary of the Interior, in consultation with the Secretary if the Secretary of Interior requests the consultation, shall approve such alternative definition unless the Secretary determines that the definition does not meet the requirements of section 1111(b), taking into account the unique circumstances and needs of such school or schools and the students served. (C) Technical assistance The Secretary of Interior shall, in consultation with the Secretary if the Secretary of Interior requests the consultation, either directly or through a contract, provide technical assistance, upon request, to a tribal governing body or school board of a school funded by the Bureau of Indian Education that seeks to develop an alternative definition of meeting or making satisfactory progress toward meeting State standards. (2) Accountability for bia schools For the purposes of this section, schools funded by the Bureau of Indian Education shall be considered schools subject to subsection (c), as specifically provided for in this subsection, except that such schools shall not be subject the requirements to provide public school choice and supplemental educational services under subsections (c) and (f). (3) School improvement for bureau schools (A) Contract and grant schools For a school funded by the Bureau of Indian Education which is operated under a contract issued by the Secretary of the Interior pursuant to the Indian Self-Determination Act ( 25 U.S.C. 450 et seq. 25 U.S.C. 2501 et seq. (B) Bureau operated schools For schools operated by the Bureau of Indian Education, the Bureau shall be responsible for meeting the requirements of subsection (b) relating to development and implementation of any school improvement plan as described in subsections (b)(1) through (b)(5), other than subsection (b)(1)(E). (4) Consequences for bureau-funded schools (A) Contract and grant schools For a school funded by the Bureau of Indian Education which is operated under a contract issued by the Secretary of the Interior pursuant to the Indian Self-Determination Act ( 25 U.S.C. 450 et seq. 25 U.S.C. 2501 et seq. (B) Bureau operated schools For schools operated by the Bureau of Indian Education, the Bureau shall be responsible for meeting the requirements of paragraphs (2), (3), and (4) of subsection (c). Any action taken by the Bureau under such paragraphs shall take into account the unique circumstances and structure of the Bureau of Indian Education-funded school system and the laws governing that system. (5) Annual report On an annual basis, the Secretary of the Interior shall report to the Secretary of Education and to the appropriate committees of Congress regarding any schools funded by the Bureau of Indian Education which have been identified in a tier described in paragraph (2), (3), or (4) of subsection (c). Such report shall include— (A) the identity of each school; (B) a statement from each affected school board regarding the factors that lead to such identification; and (C) an analysis by the Secretary of the Interior, in consultation with the Secretary if the Secretary of Interior requests the consultation, as to whether sufficient resources were available to enable such school to meet or make satisfactory progress toward meeting State standards. 1117. School support and recognition (a) System for support (1) In general Each State shall establish a statewide system of intensive and sustained support and improvement for local educational agencies and schools receiving funds under this part, as described in section 1116, in order to increase the opportunity for all students served by those agencies and schools to meet the State’s academic content standards and student academic achievement standards. (2) Priorities In carrying out this subsection, a State shall— (A) first, provide support and assistance to local educational agencies with schools in the tier described in section 1116(c)(4) and assist those schools; (B) second, provide support and assistance to other local educational agencies with schools in the tier described in section 1116(c)(3); and (C) third, provide support and assistance to other local educational agencies and schools participating under this part that need that support and assistance in order to achieve the purpose of this part. (3) Regional centers Such a statewide system shall, to the extent practicable, work with and receive support and assistance from regional educational laboratories established under part D of the Education Sciences Reform Act of 2002 and comprehensive centers established under the Educational Technical Assistance Act of 2002 and the comprehensive regional technical assistance centers and the regional educational laboratories under section 941(h) of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as such section existed on the day before the date of enactment of the Education Sciences Reform Act of 2002), or other providers of technical assistance. (4) Statewide system (A) In order to achieve the purpose described in paragraph (1), the statewide system shall include, at a minimum, the following approaches: (i) Establishing school support teams in accordance with paragraph (5) for assignment to, and working in, schools in the State that are described in paragraph (2). (ii) Providing such support as the State educational agency determines necessary and available in order to ensure the effectiveness of such teams. (iii) Designating and using distinguished teachers and principals who are chosen from schools served under this part that have been especially successful in improving academic achievement. (iv) Devising additional approaches to providing the assistance described in paragraph (1), such as providing assistance through institutions of higher education, tribes or Native organizations whose members are enrolled in the local educational agency, and educational service agencies or other local consortia, and private providers of scientifically based technical assistance. (B) Priority The State educational agency shall give priority to the approach described in clause (i) of subparagraph (A). (5) School support teams (A) Composition Each school support team established under this section shall be composed of persons knowledgeable about scientifically based research and practice on teaching and learning and about successful schoolwide projects, school reform, and improving educational opportunities for low-achieving students, including— (i) highly effective or distinguished teachers and principals; (ii) pupil services personnel; (iii) parents; (iv) representatives of institutions of higher education; (v) representatives of regional educational laboratories or comprehensive regional technical assistance centers; (vi) representatives of outside consultant groups; (vii) representatives of tribes or Native organizations present in the State; or (viii) other individuals as the State educational agency, in consultation with the local educational agency, may determine appropriate. (B) Functions Each school support team assigned to a school under this section shall— (i) review and analyze all facets of the school’s operation, including the design and operation of the instructional program, and assist the school in developing recommendations for improving student performance in that school; (ii) collaborate with parents and school staff and the local educational agency serving the school in the design, implementation, and monitoring of a plan that, if fully implemented, can reasonably be expected to improve student performance and help the school meet State standards under section 1111(b)(2)(B); (iii) evaluate, at least semiannually, the effectiveness of school personnel assigned to the school, including identifying outstanding teachers and principals, and make findings and recommendations to the school, the local educational agency, and, where appropriate, the State educational agency; and (iv) make additional recommendations as the school implements the plan described in clause (ii) to the local educational agency and the State educational agency concerning additional assistance that is needed by the school or the school support team. (C) Continuation of assistance After one school year, from the beginning of the activities, such school support team, in consultation with the local educational agency and other stakeholders, may recommend that the school support team continue to provide assistance to the school, or that the local educational agency or the State educational agency, as appropriate, take alternative actions with regard to the school. (b) State recognition (1) Academic achievement awards program (A) In general Each State receiving a grant under this part— (i) shall establish a program for making academic achievement awards to recognize schools that meet the criteria described in subparagraph (B); and (ii) as appropriate and as funds are available under subsection (c)(2)(A), may financially reward schools served under this part that meet the criteria described in clause (ii). (B) Criteria The criteria referred to in subparagraph (A) are that a school— (i) significantly closed the achievement gap between the groups of students described in section 1111(b)(2); or (ii) exceeded the goals set forth in the State plan for improvement for 2 or more consecutive years. (2) Distinguished schools Of those schools meeting the criteria described in paragraph (1)(B), each State shall designate as distinguished schools those schools that have made the greatest gains in closing the achievement gap as described in subparagraph (B)(i) or exceeded the goals set forth in the State plan for improvement. Such distinguished schools may serve as models for and provide support to other schools, especially schools identified in the tier described in paragraph (3) or (4) of section 1116(c), to assist such schools in meeting the State’s academic content standards and student academic achievement standards. (3) Awards to teachers A State program under paragraph (1) may also recognize and provide financial awards to teachers teaching in a school described in such paragraph that consistently makes significant gains in academic achievement in the areas in which the teacher provides instruction, or to teachers or principals designated as distinguished under subsection (a)(4)(A)(iii). (c) Funding (1) In general Each State— (A) shall use funds reserved under section 1003(a) and may use funds made available under section 1003(g) for the approaches described under subsection (a)(4)(A); and (B) shall use State administrative funds authorized under section 1004(a) to establish the statewide system of support described under subsection (a). (2) Reservations of funds by State (A) Awards program For the purpose of carrying out subsection (b)(1), each State receiving a grant under this part may reserve, from the amount (if any) by which the funds received by the State under subpart 2 for a fiscal year exceed the amount received by the State under that subpart for the preceding fiscal year, not more than 5 percent of such excess amount. (B) Teacher awards For the purpose of carrying out subsection (b)(3), a State educational agency may reserve such funds as necessary from funds made available under section 2111. (3) Use within 3 years Notwithstanding any other provision of law, the amount reserved under subparagraph (A) by a State for each fiscal year shall remain available to the State until expended for a period not exceeding 3 years receipt of funds. (4) Special allocation rule for schools in high-poverty areas (A) In general Each State shall distribute not less than 75 percent of any amount reserved under paragraph (2)(A) for each fiscal year to schools described in subparagraph (B), or to teachers in those schools consistent with subsection (b)(3). (B) School described A school described in subparagraph (A) is a school whose student population is in the highest quartile of schools statewide in terms of the percentage of children from low income families. 1118. Parental involvement (a) Local educational agency policy (1) In general A local educational agency may receive funds under this part only if such agency implements programs, activities, and procedures for the involvement of parents in programs assisted under this part consistent with this section. Such programs, activities, and procedures shall be planned and implemented with meaningful consultation with parents of participating children. (2) Written policy Each local educational agency that receives funds under this part shall develop jointly with, agree on with, and distribute to, parents of participating children a written parent involvement policy. The policy shall be incorporated into the local educational agency’s plan developed under section 1112, establish the agency’s expectations for parent involvement, and describe how the agency will— (A) involve parents in the joint development of the plan under section 1112, and the process of school review and improvement under section 1116; (B) provide the coordination, technical assistance, and other support necessary to assist participating schools in planning and implementing effective parent involvement activities to improve student academic achievement and school performance; (C) identify the barriers to effective parental involvement and build the schools’ and parents’ capacity for strong parental involvement as described in subsection (e); (D) coordinate and integrate parental involvement strategies under this part with parental involvement strategies under other programs, such as the Head Start program, Parents as Teachers program, and Home Instruction Program for Preschool Youngsters, and State-run preschool programs; (E) conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the schools served under this part, including identifying barriers to greater participation by parents in activities authorized by this section (with particular attention to parents who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background), and use the findings of such evaluation to design strategies for more effective parental involvement, and to revise, if necessary, the parental involvement policies described in this section; and (F) involve parents in the activities of the schools served under this part. (3) Reservation (A) In general Each local educational agency shall reserve not less than 1 percent of such agency’s allocation under subpart 2 of this part to carry out this section, including promoting family literacy and parenting skills, except that this paragraph shall not apply if 1 percent of such agency’s allocation under subpart 2 of this part for the fiscal year for which the determination is made is $5,000 or less. (B) Parental input Parents of children receiving services under this part shall be involved in the decisions regarding how funds reserved under subparagraph (A) are allotted for parental involvement activities. (C) Distribution of funds Not less than 95 percent of the funds reserved under subparagraph (A) shall be distributed to schools served under this part. (b) School parental involvement policy (1) In general Each school served under this part shall jointly develop with, and distribute to, parents of participating children a written parental involvement policy, agreed on by such parents, that shall describe the means for carrying out the requirements of subsections (c) through (f). Parents shall be notified of the policy in an understandable and uniform format and, to the extent practicable, provided in a language the parents can understand. Such policy shall be made available to the local community and updated periodically to meet the changing needs of parents and the school. (2) Special rule If the school has a parental involvement policy that applies to all parents, such school may amend that policy, if necessary, to meet the requirements of this subsection. (3) Amendment If the local educational agency involved has a school district-level parental involvement policy that applies to all parents, such agency may amend that policy, if necessary, to meet the requirements of this subsection. (4) Parental comments If the plan under section 1112 is not satisfactory to the parents of participating children, the local educational agency shall submit any parent comments with such plan when such local educational agency submits the plan to the State. (c) Policy involvement Each school served under this part shall— (1) share the policy with all parents of enrolled children by convening an annual meeting, at a convenient time, to which all parents of participating children shall be invited and encouraged to attend, and in writing for parents who are unable to attend the meeting, in order to inform parents of their school’s participation under this part and to explain the requirements of this part, and the right of the parents to be involved; (2) offer a flexible number of meetings, such as meetings in the morning or evening, and may provide, with funds provided under this part, transportation, child care, or home visits, as such services relate to parental involvement; (3) involve parents, in an organized, ongoing, and timely way, in the planning, review, and improvement of programs under this part, including the planning, review, and improvement of the school parental involvement policy and the joint development of the schoolwide program plan under section 1114(b)(2), except that if a school has in place a process for involving parents in the joint planning and design of the school’s programs, the school may use that process, if such process includes an adequate representation of parents of participating children; (4) provide parents of participating children— (A) timely information about programs under this part; (B) a description and explanation of the curriculum in use at the school, the forms of academic assessment used to measure student progress, the proficiency levels students are expected to meet, and the reasons for the school’s identification under section 1116; and (C) if requested by parents, opportunities for regular meetings to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children and plans for improvement, and respond to any such suggestions as soon as practicably possible; and (5) if the schoolwide program plan under section 1114(b)(2) is not satisfactory to the parents of participating children, submit any parent comments on the plan when the school makes the plan available to the local educational agency. (d) Shared responsibilities for high student academic achievement As a component of the school-level parental involvement policy developed under subsection (b), each school served under this part shall jointly develop with parents for all children served under this part a school-parent compact that outlines how parents, the entire school staff, and students will share the responsibility for improved student academic achievement and the means by which the school and parents will build and develop a partnership to help children achieve the State’s high standards. Such compact shall— (1) describe the school’s responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment that enables the children served under this part to meet the State’s student academic achievement standards, and the ways in which each parent will be responsible for supporting their children’s learning, such as monitoring attendance, homework completion, and television watching; volunteering in their child’s classroom; and participating, as appropriate, in decisions relating to the education of their children and positive use of extracurricular time; and (2) address the importance of communication between teachers and parents on an ongoing basis through, at a minimum— (A) parent-teacher conferences in elementary schools, at least annually, during which the compact shall be discussed as the compact relates to the individual child’s achievement; (B) frequent reports to parents on their children’s progress; and (C) reasonable access to staff, opportunities to volunteer and participate in their child’s class, and observation of classroom activities. (e) Building capacity for involvement To ensure effective involvement of parents and to support a partnership among the school involved, parents, and the community to improve student academic achievement, each school and local educational agency assisted under this part— (1) shall provide assistance to parents of children served by the school or local educational agency, as appropriate, in understanding such topics as the State’s academic content standards and State student academic achievement standards, State and local academic assessments, the requirements of this part, and how to monitor a child’s progress and work with educators to improve the achievement of their children; (2) shall provide materials and training to help parents to work with their children to improve their children’s achievement, such as literacy training and using technology, as appropriate, to foster parental involvement; (3) shall educate teachers, pupil services personnel, principals, and other staff, with the assistance of parents, in the value and utility of contributions of parents, and in how to reach out to, communicate with, and work with parents as equal partners, implement and coordinate parent programs, and build ties between parents and the school; (4) shall, to the extent feasible and appropriate, coordinate and integrate parent involvement programs and activities with Head Start, the Home Instruction Programs for Preschool Youngsters, the Parents as Teachers Program, public preschool and other programs, and conduct other activities, such as parent resource centers, that encourage and support parents in more fully participating in the education of their children; (5) shall ensure that information related to school and parent programs, meetings, and other activities is sent to the parents of participating children in a format and, to the extent practicable, in a language the parents can understand; (6) may involve parents in the development of training for teachers, principals, and other educators to improve the effectiveness of such training; (7) may provide necessary literacy training from funds received under this part if the local educational agency has exhausted all other reasonably available sources of funding for such training; (8) may pay reasonable and necessary expenses associated with local parental involvement activities, including transportation and child care costs, to enable parents to participate in school-related meetings and training sessions; (9) may train parents to enhance the involvement of other parents; (10) may arrange school meetings at a variety of times, or conduct in-home conferences between teachers or other educators, who work directly with participating children, with parents who are unable to attend such conferences at school, in order to maximize parental involvement and participation; (11) may adopt and implement model approaches to improving parental involvement; (12) may establish a districtwide parent advisory council to provide advice on all matters related to parental involvement in programs supported under this section; (13) may develop appropriate roles for community-based organizations and businesses in parent involvement activities; (14) shall provide such other reasonable support for parental involvement activities under this section as parents may request; (15) may provide, in consultation with Indian tribes and Native organizations whose members are enrolled in the school, information about culture-based education in use in the school; and (16) shall, in consultation with Indian tribes and parents of Indian, Alaska Native, and Native Hawaiian children who are served by any school in the local educational agency, establish mechanisms to overcome barriers to effective Indian, Alaska Native, and Native Hawaiian parental involvement. (f) Accessibility In carrying out the parental involvement requirements of this part, local educational agencies and schools, to the extent practicable, shall provide full opportunities for the participation of parents with limited English proficiency, parents with disabilities, parents of American Indian, Alaska Native, or Native Hawaiian children, and parents of migratory children, including providing information and school reports required under section 1111 in a format and, to the extent practicable, in a language such parents understand. (g) Information from parental information and resource centers In a State where a parental information and resource center is established to provide training, information, and support to parents and individuals who work with local parents, local educational agencies, and schools receiving assistance under this part, each local educational agency or school that receives assistance under this part and is located in the State shall assist parents and parental organizations by informing such parents and organizations of the existence and purpose of such centers. (h) Review The State educational agency shall review the local educational agency’s parental involvement policies and practices to determine if the policies and practices meet the requirements of this section. 1119. Qualifications for teachers and paraprofessionals (a) Teacher qualifications and measurable objectives (1) In general Not later than 1 year after the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (2) State plan As part of the plan described in section 1111, each State educational agency receiving assistance under this part shall develop a plan to ensure that all teachers teaching in core academic subjects within the State are highly effective not later than the end of the 2014-2015 school year. Such plan shall establish annual measurable objectives for each local educational agency and school that, at a minimum— (A) shall include an annual increase in the percentage of highly effective teachers at each local educational agency and school, to ensure that all teachers teaching in core academic subjects in each public elementary school and secondary school are highly effective not later than the end of the 2014-2015 school year; (B) shall include an annual increase in the percentage of teachers who are receiving high-quality professional development to enable such teachers to become highly effective and successful classroom teachers; and (C) may include such other measures as the State educational agency determines to be appropriate to increase teacher qualifications. (3) Local plan As part of the plan described in section 1112, each local educational agency receiving assistance under this part shall develop a plan to ensure that all teachers teaching within the school district served by the local educational agency are highly effective not later than the end of the 2005–2006 school year. (4) Definition of highly effective Notwithstanding any other provision of law, the State education agency shall, in consultation with local educational agencies, teachers, principals, Indian tribes and Native organizations that may be present in the State, parents, and the community, define highly effective (b) Reports (1) Annual State and local reports (A) Local reports Each State educational agency described in subsection (a)(2) shall require each local educational agency receiving funds under this part to publicly report, each year, beginning with the 2014-2015 school year, the annual progress of the local educational agency as a whole and of each of the schools served by the agency, in meeting the measurable objectives described in subsection (a)(2). (B) State reports Each State educational agency receiving assistance under this part shall prepare and submit each year, beginning with the 2014-2015 school year, a report to the Secretary, describing the State educational agency’s progress in meeting the measurable objectives described in subsection (a)(2). (C) Information from other reports A State educational agency or local educational agency may submit information from the reports described in section 1111(h) for the purposes of this subsection, if such report is modified, as may be necessary, to contain the information required by this subsection, and may submit such information as a part of the reports required under section 1111(h). (2) Annual reports by the secretary Each year, beginning with the 2015-2016 school year, the Secretary shall publicly report the annual progress of State educational agencies, local educational agencies, and schools, in meeting the measurable objectives described in subsection (a)(2). (c) Paraprofessionals (1) In general Each local educational agency receiving assistance under this part shall ensure that all paraprofessionals hired in the school year after the date of enactment of the Educational Accountability and State Flexibility Act of 2013 (2) Clarification The receipt of a secondary school diploma (or its recognized equivalent) shall be necessary but not sufficient to satisfy the requirements of paragraph (1). (d) Exceptions Subsection (c) shall not apply to— (1) a paraprofessional who is proficient in English and a language other than English and who provides services primarily to enhance the participation of children in programs under this part by acting as a translator; (2) a paraprofessional whose duties consist solely of conducting parental involvement activities consistent with section 1118; (3) teachers of American Indian, Alaska Native, or Native Hawaiian language or culture, whether the teacher is teaching on a permanent, part-time, or occasional basis, except that a State may require that a local Indian tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (4) a Native elder or other authority on American Indian, Alaska Native, or Native Hawaiian history who provides instruction in such subject on a periodic or 1-time basis, except that a State may require that a local Indian tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b (e) Duties of paraprofessionals (1) In general Each local educational agency receiving assistance under this part shall ensure that a paraprofessional working in a program supported with funds under this part is not assigned a duty inconsistent with this subsection. (2) Responsibilities paraprofessionals may be assigned A paraprofessional described in paragraph (1) may be assigned— (A) to provide one-on-one tutoring for eligible students, if the tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher; (B) to assist with classroom management, such as organizing instructional and other materials; (C) to provide assistance in a computer laboratory; (D) to conduct parental involvement activities; (E) to provide support in a library or media center; (F) to act as a translator; or (G) to provide instructional services to students in accordance with paragraph (3). (3) Additional limitations A paraprofessional described in paragraph (1)— (A) may not provide any instructional service to a student unless the paraprofessional is working under the direct supervision of a teacher consistent with section 1119; and (B) may assume limited duties that are assigned to similar personnel who are not working in a program supported with funds under this part, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school. (f) Use of funds A local educational agency receiving funds under this part may use such funds to support ongoing training and professional development to assist teachers and paraprofessionals in satisfying the requirements of this section. (g) Verification of compliance (1) In general In verifying compliance with this section, each local educational agency, at a minimum, shall require that the principal of each school operating a program under section 1114 or 1115 attest annually in writing as to whether such school is in compliance with the requirements of this section. (2) Availability of information Copies of attestations under paragraph (1)— (A) shall be maintained at each school operating a program under section 1114 or 1115 and at the main office of the local educational agency; and (B) shall be available to any member of the general public on request. (h) Combinations of funds Funds provided under this part that are used for professional development purposes may be combined with funds provided under title II of this Act, other Acts, and other sources. (i) Special rule Except as provided in subsection (j), no State educational agency shall require a school or a local educational agency to expend a specific amount of funds for professional development activities under this part. (j) Minimum expenditures Each local educational agency that receives funds under this part shall use not less than 5 percent, or more than 10 percent, of such funds for each of fiscal years 2012 and 2013, and not less than 5 percent of the funds for each subsequent fiscal year, for professional development activities to ensure that teachers who are not highly effective become highly effective not later than the end of the 2017–2018 school year. . 3. Conforming amendments (a) In general The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (1) by repealing subparts 1, 2, and 3 of part B of title I; and (2) in section 9101, by striking paragraph (23). (b) Replacement of definitions Notwithstanding any other provision of law— (1) any reference in the Elementary and Secondary Education Act of 1965 to highly qualified shall be deemed to refer to highly effective, as determined by the State in accordance with section 1119(a)(4) of such Act, as amended by this Act; and (2) any reference in the Elementary and Secondary Education Act of 1965 to making adequate yearly progress shall be deemed to refer to meeting, or making satisfactory progress toward meeting, State standards, as described in section 1111(b)(2) of such Act, as amended by this Act.

Summary: Educational Accountability and State Flexibility Act of 2013 - Revises and reauthorizes programs under title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965 (ESEA). Amends the school improvement program under part A of title I of the ESEA to eliminate the requirement that local educational agencies (LEAs) and schools make adequate yearly progress toward state academic content and achievement standards. Requires states to adopt challenging academic content and achievement standards for mathematics, reading or language arts, and science that ensure that their high school graduates who are deemed proficient are fully prepared to succeed in higher education, job training, or work. Requires states to implement a set of high-quality assessments of student progress toward those standards that: (1) involve multiple measures of student achievement; (2) measure the overall performance of students in each public school and the performance of their poor, minority, disabled, and limited English proficient student subgroups; and (3) are used as the primary means of determining the yearly performance of each of their schools. Allows states to adopt alternative assessments for students with significant cognitive disabilities. Requires each state to establish a multi-tiered accountability system that places each public school in a tier that reflects, at a minimum, the state's annual assessment of the extent to which each student at the school is: (1) proficient on state standards or is making satisfactory progress in attaining such proficiency, and (2) on track to graduate from high school on time. (Replaces the current system of assessing schools as needing improvement, corrective action, or restructuring due to their failure to make adequate yearly progress for a specified number of years.) Requires, at a minimum, distinct tiers for schools that: (1) have met the state standards, (2) have not met those standards for up to two student subgroups but that are making satisfactory progress in doing so, (3) have not met those standards for a significant number of student subgroups and are not showing satisfactory progress in meeting the standards or improving the subgroups' graduation rates within the time frame required by the state plan, and (4) have not met the state standards for a significant number of subgroups and are showing little or no improvement. Lists the minimum consequences for schools placed into each of these tiers, ranging from requiring states to recognize successful schools to requiring LEAs to implement alternative school governance models or school improvement strategies based on a specified system of support model. Requires students in the lowest tiered schools who did not meet or exceed the proficient level on the most recent state assessment in mathematics or in reading or language arts to be provided with supplemental educational services. Allows the LEAs serving such schools to provide those students with the option to transfer to a higher-performing school served by the LEA, if that option is not prohibited by state law. Denies the Secretary of Education any authority to approve or disapprove a state's multi-tiered accountability system. Allows states that received a waiver of statutory or regulatory requirements under the ESEA before this Act's enactment to implement the school improvement program set forth in the waiver or implement a school improvement program that meets this Act's requirements. Requires states and LEAs to consult with representatives of Indian tribes and Native organizations within their jurisdiction in implementing their school improvement programs. Includes American Indian, Alaska Native, and Native Hawaiian children as children eligible for services under targeted assistance programs that direct school improvement funds toward the children in a school who are failing or most at risk of failing. Requires each school and LEA receiving school improvement funds to establish mechanisms to overcome barriers to effective Indian, Alaska Native, and Native Hawaiian parental involvement in their children's education. Eliminates the requirement that teachers be highly qualified, requiring instead that they be deemed highly effective in accordance with state standards. Requires teachers and paraprofessionals to meet state standards for certification or licensure, knowledge of the subject matter being taught, and competency in assisting students to meet or make satisfactory progress toward meeting state academic achievement standards. Repeals the definition of "highly qualified" teachers. Repeals the programs under subparts 1 (Reading First), 2 (Early Reading First), and 3 (William F. Goodling Even Start Family Literacy Programs) of part B (Student Reading Skills Improvement Grants) of the ESEA.