366 
HR 5 PCS
shall be deemed to be approved by the Secretary unless 
the Secretary makes a written determination, prior to the 
expiration of the 120-day period beginning on the date on 
which the Secretary received the application, that the ap-
plication is not in compliance with this part. 
‘‘(c) DISAPPROVAL.—The Secretary shall not finally 
disapprove the application, except after giving the State 
educational agency notice and an opportunity for a hear-
ing. 
‘‘(d) NOTIFICATION.—If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this part, the Secretary shall— 
‘‘(1) give the State educational agency notice 
and an opportunity for a hearing; and 
‘‘(2) notify the State educational agency of the 
finding of noncompliance, and, in such notification, 
shall— 
‘‘(A) cite the specific provisions in the ap-
plication that are not in compliance; and 
‘‘(B) request additional information, only 
as to the noncompliant provisions, needed to 
make the application compliant. 
‘‘(e) RESPONSE.—If the State educational agency re-
sponds to the Secretary’s notification described in sub-
section (d)(2) during the 45-day period beginning on the 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00366
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
367 
HR 5 PCS
date on which the agency received the notification, and 
resubmits the application with the requested information 
described in subsection (d)(2)(B), the Secretary shall ap-
prove or disapprove such application prior to the later of— 
‘‘(1) the expiration of the 45-day period begin-
ning on the date on which the application is resub-
mitted; or 
‘‘(2) the expiration of the 120-day period de-
scribed in subsection (b). 
‘‘(f) FAILURE TO RESPOND.—If the State edu-
cational agency does not respond to the Secretary’s notifi-
cation described in subsection (d)(2) during the 45-day pe-
riod beginning on the date on which the agency received 
the notification, such application shall be deemed to be 
disapproved. 
‘‘(g) RULE OF CONSTRUCTION.—An application sub-
mitted by a State educational agency pursuant to sub-
section (a) shall not be approved or disapproved based 
upon the activities for which the agency may make funds 
available to eligible entities under section 3204 if the agen-
cy’s use of funds is consistent with section 3204(b). 
‘‘SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM. 
‘‘(a) IN GENERAL.—A State that receives funds 
under this part for a fiscal year shall provide the amount 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00367
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
368 
HR 5 PCS
made available under section 3202(c)(1) to eligible entities 
in accordance with this section. 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—An eligible entity that re-
ceives an award under this part shall use the funds 
for activities that— 
‘‘(A) are evidence-based; 
‘‘(B) 
will 
improve 
student 
academic 
achievement and student engagement; 
‘‘(C) are allowable under State law; and 
‘‘(D) focus on one or more projects from 
the following three categories: 
‘‘(i) Supplemental student support ac-
tivities such as before, after, or summer 
school activities, tutoring, and expanded 
learning time, but not including athletics 
or in-school learning activities. 
‘‘(ii) Activities designed to support 
students, such as academic subject specific 
programs including computer science and 
other science, technology (including edu-
cation about the harms of copyright pi-
racy), engineering, and mathematics pro-
grams, arts education, civic education, and 
adjunct teacher, extended-learning-time, 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00368
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
369 
HR 5 PCS
and dual enrollment programs, and parent 
engagement, but not including activities 
to— 
‘‘(I) support smaller class sizes 
or construction; or 
‘‘(II) provide compensation or 
benefits to teachers, school leaders, 
other school officials, or local edu-
cational agency staff. 
‘‘(iii) Accountability-based programs 
and activities that are designed to enhance 
school safety, which may include research- 
based bullying prevention, cyberbullying 
prevention, disruption of recruitment activ-
ity by groups or individuals involved in vio-
lent extremism, and gang prevention pro-
grams, as well as intervention programs re-
garding bullying. 
‘‘(2) STREAMLINING ASSESSMENT SYSTEMS.— 
An eligible entity that receives an award under this 
part may use such funds— 
‘‘(A) to conduct an audit of the local as-
sessments administered by the local educational 
agency and report, in a publicly available for-
mat, the findings of such audit, which may in-
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00369
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
370 
HR 5 PCS
clude such findings as described under section 
3202(c)(3)(B)(iii); and 
‘‘(B) to develop and implement a plan, in 
collaboration with local stakeholders, which may 
include efforts, if appropriate as determined by 
the eligible entity, as described under section 
3202(c)(3)(B)(iv). 
‘‘(3) PARTICIPATION OF CHILDREN ENROLLED 
IN PRIVATE SCHOOLS.—An eligible entity that re-
ceives an award under this part shall ensure compli-
ance with section 6501 (relating to participation of 
children enrolled in private schools). 
‘‘(c) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive an 
award under this part, an eligible entity shall submit 
an application to the State educational agency at 
such time, in such manner, and including such infor-
mation as the State educational agency may reason-
ably require, including the contents required by 
paragraph (2). 
‘‘(2) CONTENTS.—Each application submitted 
under paragraph (1) shall include— 
‘‘(A) a description of the activities to be 
funded and how they are consistent with sub-
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00370
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
371 
HR 5 PCS
section (b), including any activities that will in-
crease student safety; 
‘‘(B) an assurance that funds under this 
part will be used to increase the level of State, 
local, and other non-Federal funds that would, 
in the absence of funds under this part, be 
made available for programs and activities au-
thorized under this part, and in no case sup-
plant State, local, or non-Federal funds; 
‘‘(C) an assurance that the community will 
be given notice of an intent to submit an appli-
cation with an opportunity for comment, and 
that the application will be available for public 
review after submission of the application; and 
‘‘(D) an assurance that students who ben-
efit from any activity funded under this part 
shall continue to maintain enrollment in a pub-
lic elementary or secondary school. 
‘‘(d) REVIEW.—In reviewing local applications under 
this section, a State educational agency shall use a peer 
review process or other methods of assuring the quality 
of such applications but the review shall be limited to the 
likelihood that the project will increase student academic 
achievement and student engagement. 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00371
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
372 
HR 5 PCS
‘‘(e) GEOGRAPHIC DIVERSITY.—A State educational 
agency shall distribute funds under this part equitably 
among geographic areas within the State, including rural, 
suburban, and urban communities. 
‘‘(f) AWARD.—A grant shall be awarded to all eligible 
entities that submit an application that meets the require-
ments of this section in an amount that is not less than 
$10,000, but there shall be only one annual award granted 
to any one local educational agency, but such award may 
be for multiple projects or programs with the local edu-
cational agency. 
‘‘(g) DURATION
OF AWARDS.—Grants under this 
part may be awarded for a period of not more than 5 
years. 
‘‘(h) ELIGIBLE ENTITY DEFINED.—In this section, 
the term ‘eligible entity’ means— 
‘‘(1) a local educational agency in partnership 
with a community-based organization, institution of 
higher education, business entity, or nongovern-
mental entity; 
‘‘(2) a consortium of local educational agencies 
working in partnership with a community-based or-
ganization, institution of higher education, business 
entity, or nongovernmental entity; 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00372
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
373 
HR 5 PCS
‘‘(3) a community-based organization or institu-
tion of higher education in partnership with a local 
educational agency and, if applicable, a business en-
tity or nongovernmental entity; or 
‘‘(4) a business entity in partnership with a 
local educational agency and, if applicable, a commu-
nity-based organization, institution of higher edu-
cation, or nongovernmental entity. 
‘‘SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO 
IMPROVE ACADEMIC ACHIEVEMENT. 
‘‘(a) IN GENERAL.—From the amount reserved 
under section 3202(c)(2), a State educational agency shall 
award grants to nongovernmental entities, including pub-
lic or private organizations, community-based or faith- 
based organizations, institutions of higher education, and 
business entities for a program or project to increase the 
academic achievement and student engagement of public 
school students attending public elementary or secondary 
schools (or both) in compliance with the requirements in 
this section. Subject to the availability of funds, the State 
educational agency shall award a grant to each eligible ap-
plicant that meets the requirements in a sufficient size and 
scope to support the program. 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00373
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
374 
HR 5 PCS
‘‘(b) APPLICATION.—The State educational agency 
shall require an application that includes the following in-
formation: 
‘‘(1) A description of the program or project 
the applicant will use the funds to support. 
‘‘(2) A description of how the applicant is using 
or will use other State, local, or private funding to 
support the program or project. 
‘‘(3) A description of how the program or 
project will help increase student academic achieve-
ment and student engagement, including the evi-
dence to support this claim. 
‘‘(4) A description of the student population the 
program or project is targeting to impact, and if the 
program will prioritize students in high-need local 
educational agencies. 
‘‘(5) A description of how the applicant will 
conduct sufficient outreach to ensure students can 
participate in the program or project. 
‘‘(6) A description of any partnerships the ap-
plicant has entered into with local educational agen-
cies or other entities the applicant will work with, if 
applicable. 
‘‘(7) A description of how the applicant will 
work to share evidence-based and other effective 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00374
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
375 
HR 5 PCS
strategies from the program or project with local 
educational agencies and other entities working with 
students to increase academic achievement. 
‘‘(8) An assurance that students who benefit 
from any program or project funded under this sec-
tion shall continue to maintain enrollment in a pub-
lic elementary or secondary school. 
‘‘(c) MATCHING CONTRIBUTION.—An eligible appli-
cant receiving a grant under this section shall provide, ei-
ther directly or through private contributions, non-Federal 
matching funds equal to not less than 50 percent of the 
amount of the grant. 
‘‘(d) REVIEW.—The State educational agency shall 
review the application to ensure that— 
‘‘(1) the applicant is an eligible applicant; 
‘‘(2) the application clearly describes the re-
quired elements in subsection (b); 
‘‘(3) the entity meets the matching requirement 
described in subsection (c); and 
‘‘(4) the program is allowable and complies with 
Federal, State, and local laws. 
‘‘(e) DISTRIBUTION OF FUNDS.—If the application 
requests exceed the funds available, the State educational 
agency shall prioritize projects that support students in 
high-need local educational agencies and ensure geo-
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00375
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
376 
HR 5 PCS
graphic diversity, including serving rural, suburban, and 
urban areas. 
‘‘(f) ADMINISTRATIVE COSTS.—Not more than 1 per-
cent of a grant awarded under this section may be used 
for administrative costs. 
‘‘SEC. 3206. REPORT. 
‘‘Each recipient of a grant under section 3204 or 
3205 shall report to the State educational agency on— 
‘‘(1) the success of the program in reaching the 
goals of the program; 
‘‘(2) a description of the students served by the 
program and how the students’ academic achieve-
ment improved; and 
‘‘(3) the results of any evaluation conducted on 
the success of the program.’’. 
TITLE IV—IMPACT AID 
SEC. 401. PURPOSE. 
Section 8001 (20 U.S.C. 7701) is amended by strik-
ing ‘‘challenging State standards’’ and inserting ‘‘State 
academic standards’’. 
SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION 
OF REAL PROPERTY. 
Section 8002 (20 U.S.C. 7702) is amended— 
(1) in subsection (a)(1)(C), by amending the 
matter preceding clause (i) to read as follows: 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00376
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
377 
HR 5 PCS
‘‘(C) had an assessed value according to 
original records (including facsimiles or other 
reproductions of those records) documenting 
the assessed value of such property (determined 
as of the time or times when so acquired) pre-
pared by the local officials referred to in sub-
section (b)(3) or, when such original records 
are not available due to unintentional destruc-
tion (such as natural disaster, fire, flooding, 
pest infestation, or deterioration due to age), 
other records, including Federal agency records, 
local historical records, or other records that 
the Secretary determines to be appropriate and 
reliable, aggregating 10 percent or more of the 
assessed value of—’’; 
(2) in subsection (b)(1)(B), by striking ‘‘section 
8014(a)’’ and inserting ‘‘section 3(d)(1)’’; 
(3) by amending subsection (f) to read as fol-
lows: 
‘‘(f) SPECIAL RULE.—Beginning with fiscal year 
2014, a local educational agency shall be deemed to meet 
the requirements of subsection (a)(1)(C) if records to de-
termine eligibility under such subsection were destroyed 
prior to fiscal year 2000 and the agency received funds 
under subsection (b) in the previous year.’’; 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00377
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
378 
HR 5 PCS
(4) by amending subsection (g) to read as fol-
lows: 
‘‘(g) FORMER DISTRICTS.— 
‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 
and each succeeding fiscal year, if a local edu-
cational agency described in subsection (b) is formed 
at any time after 1938 by the consolidation of 2 or 
more former school districts, the local educational 
agency may elect to have the Secretary determine its 
eligibility for any fiscal year on the basis of 1 or 
more of those former districts, as designated by the 
local educational agency. 
‘‘(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—A local educational agency referred to in sub-
section (a) is— 
‘‘(A) any local educational agency that, for 
fiscal year 1994 or any preceding fiscal year, 
applied, and was determined to be eligible 
under, section 2(c) of the Act of September 30, 
1950 (Public Law 874, 81st Congress) as that 
section was in effect for that fiscal year; or 
‘‘(B) a local educational agency formed by 
the consolidation of 2 or more districts, at least 
1 of which was eligible for assistance under this 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00378
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
379 
HR 5 PCS
section for the fiscal year preceding the year of 
the consolidation, if— 
‘‘(i) for fiscal years 2006 through 
2015 the local educational agency notified 
the Secretary not later than 30 days after 
the date of the enactment of this Act; and 
‘‘(ii) for fiscal year 2016 the local 
educational agency includes the designa-
tion in its application under section 8005 
or any timely amendment to such applica-
tion. 
‘‘(3) AMOUNT.—A local educational agency eli-
gible under subsection (b) shall receive a foundation 
payment as provided for under subparagraphs (A) 
and (B) of subsection (h)(1), except that the founda-
tion payment shall be calculated based on the most 
recent payment received by the local educational 
based on its former common status.’’; 
(5) in subsection (h)— 
(A) in paragraph (2)— 
(i) in subparagraph (C)(ii), by strik-
ing ‘‘section 8014(a)’’ and inserting ‘‘sec-
tion 3(d)(1)’’; and 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00379
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
380 
HR 5 PCS
(ii) in subparagraph (D), by striking 
‘‘section 8014(a)’’ and inserting ‘‘section 
3(d)(1)’’; and 
(B) in paragraph (4), by striking ‘‘Impact 
Aid Improvement Act of 2012’’ and inserting 
‘‘Student Success Act’’; 
(6) by repealing subsections (k) and (m); 
(7) by redesignating subsection (l) as subsection 
(j); 
(8) by amending subsection (j) (as so redesig-
nated) by striking ‘‘(h)(4)(B)’’ and inserting 
‘‘(h)(2)’’; and 
(9) by redesignating subsection (n) as sub-
section (k). 
SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CON-
NECTED CHILDREN. 
(a) COMPUTATION OF PAYMENT.—Section 8003(a) 
(20 U.S.C. 7703(a)) is amended— 
(1) in the matter preceding subparagraph (A) 
of paragraph (1), by inserting after ‘‘schools of such 
agency’’ the following: ‘‘(including those children en-
rolled in such agency as a result of the open enroll-
ment policy of the State in which the agency is lo-
cated, but not including children who are enrolled in 
a distance education program at such agency and 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00380
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
404 
HR 5 PCS
(ii) 
by 
striking 
‘‘section 
8003(a)(2)(B)’’ and inserting ‘‘section 
4003(a)(2)(B)’’; and 
(iii) by striking ‘‘section 8003(b)(2)’’ 
each place it appears and inserting ‘‘sec-
tion 4003(b)(2)’’; and 
(B) by striking ‘‘section 8011(a)’’ each 
place 
it 
appears 
and 
inserting 
‘‘section 
4011(a)’’; and 
(18) in section 4010(c)(2)(D) (as so redesig-
nated) by striking ‘‘section 8009(b)’’ and inserting 
‘‘section 4009(b)’’. 
TITLE V—THE FEDERAL GOV-
ERNMENT’S TRUST RESPON-
SIBILITY TO AMERICAN IN-
DIAN, ALASKA NATIVE, AND 
NATIVE 
HAWAIIAN 
EDU-
CATION 
SEC. 501. THE FEDERAL GOVERNMENT’S TRUST RESPONSI-
BILITY TO AMERICAN INDIAN, ALASKA NA-
TIVE, AND NATIVE HAWAIIAN EDUCATION. 
Title V of the Act (20 U.S.C. 7201 et seq.) is amend-
ed to read as follows: 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00404
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
429 
HR 5 PCS
head for a demonstration project under this section shall 
be— 
‘‘(1) the Secretary of the Interior, in the case 
of an entity meeting the definition of a contract or 
grant school under title XI of the Education Amend-
ments of 1978; or 
‘‘(2) the Secretary of Education, in the case of 
any other entity. 
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re-
sponsibilities of the lead agency shall include— 
‘‘(1) the use of a single report format related 
to the plan for the individual project, which shall be 
used by an eligible entity to report on the activities 
undertaken under the project; 
‘‘(2) the use of a single report format related 
to the projected expenditures for the individual 
project which shall be used by an eligible entity to 
report on all project expenditures; 
‘‘(3) the development of a single system of Fed-
eral oversight for the project, which shall be imple-
mented by the lead agency; and 
‘‘(4) the provision of technical assistance to an 
eligible entity appropriate to the project, except that 
an eligible entity shall have the authority to accept 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00429
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
554 
HR 5 PCS
request, as described under clauses (i) and 
(ii) of subparagraph (B); and 
‘‘(ii) the State educational agency, 
local educational agency, or Indian tribe— 
‘‘(I) does not revise and resubmit 
the waiver request; or 
‘‘(II) revises and resubmits the 
waiver request, and the Secretary de-
termines that such waiver request 
does not meet the requirements of this 
section after a hearing conducted 
under subparagraph (B)(iii), if re-
quested. 
‘‘(D) EXTERNAL CONDITIONS.—The Sec-
retary shall not, directly or indirectly, require or 
impose new or additional requirements in ex-
change for receipt of a waiver if such require-
ments are not specified in this Act. 
‘‘(c) RESTRICTIONS.—The Secretary shall not waive 
under this section any statutory or regulatory require-
ments relating to— 
‘‘(1) the allocation or distribution of funds to 
States, local educational agencies, Indian tribes, or 
other recipients of funds under this Act; 
‘‘(2) comparability of services; 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00554
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS
600 
HR 5 PCS
or policies to ensure that homeless children and 
youths are afforded the same free, appropriate pub-
lic education as is provided to other children and 
youths.’’; 
(2) in paragraph (3), by striking ‘‘alone’’; and 
(3) in paragraph (4), by striking ‘‘challenging 
State student academic achievement’’ and inserting 
‘‘State academic’’. 
SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
Section 722 of such Act (42 U.S.C. 11432) is amend-
ed— 
(1) in subsection (a), by striking ‘‘(g).’’ and in-
serting ‘‘(h).’’; 
(2) by striking subsection (b); 
(3) in subsection (c)— 
(A) in paragraph (1)(A)— 
(i) in clause (i), by adding ‘‘or’’ at the 
end; 
(ii) in clause (ii), by striking ‘‘; or’’ at 
the end and inserting a period; and 
(iii) by striking clause (iii); and 
(B) by striking paragraph (3); 
(4) in subsection (d)— 
VerDate Sep 11 2014 
23:31 Jul 13, 2015
Jkt 049200
PO 00000
Frm 00600
Fmt 6652
Sfmt 6201
E:\BILLS\H5.PCS
H5
tkelley on DSK3SPTVN1PROD with BILLS