Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Student Success Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
Sec. 4. Transition. 
Sec. 5. Effective dates. 
Sec. 6. Authorization of appropriations. 
Sec. 7. Sense of the Congress. 
TITLE I—AID TO LOCAL EDUCATIONAL AGENCIES 
Subtitle A—In General 
Sec. 101. Title heading. 
Sec. 102. Statement of purpose. 
Sec. 103. Flexibility to use Federal funds. 
Sec. 104. School improvement. 
Sec. 105. Direct student services. 
Sec. 106. State administration. 
Subtitle B—Improving the Academic Achievement of the Disadvantaged 
Sec. 111. Part A headings. 
Sec. 112. State plans. 
Sec. 113. Local educational agency plans. 
Sec. 114. Eligible school attendance areas. 
Sec. 115. Schoolwide programs. 
Sec. 116. Targeted assistance schools. 
Sec. 117. Academic assessment and local educational agency and school improve-
ment; school support and recognition. 
Sec. 118. Parental involvement. 
Sec. 119. Qualifications for teachers and paraprofessionals. 
Sec. 120. Participation of children enrolled in private schools. 
Sec. 121. Fiscal requirements. 
Sec. 122. Coordination requirements. 
Sec. 123. Grants for the outlying areas and the Secretary of the Interior. 
Sec. 124. Allocations to States. 
Sec. 125. Basic grants to local educational agencies. 
Sec. 126. Targeted grants to local educational agencies. 
Sec. 127. Adequacy of funding to local educational agencies in fiscal years after 
fiscal year 2001. 
Sec. 128. Education finance incentive grant program. 
Sec. 129. Carryover and waiver. 
Sec. 130. Title I portability. 
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Subtitle C—Additional Aid to States and School Districts 
Sec. 131. Additional aid. 
Subtitle D—National Assessment 
Sec. 141. National assessment of title I. 
Subtitle E—Title I General Provisions 
Sec. 151. General provisions for title I. 
TITLE II—TEACHER PREPARATION AND EFFECTIVENESS 
Sec. 201. Teacher preparation and effectiveness. 
Sec. 202. Conforming repeals. 
TITLE III—PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY 
Sec. 301. Parental engagement and local flexibility. 
TITLE IV—IMPACT AID 
Sec. 401. Purpose. 
Sec. 402. Payments relating to Federal acquisition of real property. 
Sec. 403. Payments for eligible federally connected children. 
Sec. 404. Policies and procedures relating to children residing on Indian lands. 
Sec. 405. Application for payments under sections 8002 and 8003. 
Sec. 406. Construction. 
Sec. 407. Facilities. 
Sec. 408. State consideration of payments providing State aid. 
Sec. 409. Federal administration. 
Sec. 410. Administrative hearings and judicial review. 
Sec. 411. Definitions. 
Sec. 412. Authorization of appropriations. 
Sec. 413. Conforming amendments. 
TITLE V—THE FEDERAL GOVERNMENT’S TRUST RESPONSIBILITY 
TO AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN 
EDUCATION 
Sec. 501. The Federal Government’s Trust Responsibility to American Indian, 
Alaska Native, and Native Hawaiian Education. 
TITLE VI—GENERAL PROVISIONS FOR THE ACT 
Sec. 601. General provisions for the Act. 
Sec. 602. Repeal. 
Sec. 603. Other laws. 
Sec. 604. Amendment to IDEA. 
TITLE VII—HOMELESS EDUCATION 
Sec. 701. Statement of policy. 
Sec. 702. Grants for State and local activities for the education of homeless chil-
dren and youths. 
Sec. 703. Local educational agency subgrants for the education of homeless chil-
dren and youths. 
Sec. 704. Secretarial responsibilities. 
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Sec. 705. Definitions. 
Sec. 706. Authorization of appropriations. 
TITLE VIII—MISCELLANEOUS PROVISIONS 
Sec. 801. Findings; Sense of the Congress. 
SEC. 3. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms of 
an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or 
other provision of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6301 et seq.). 
SEC. 4. TRANSITION. 
Unless otherwise provided in this Act, any person or 
agency that was awarded a grant under the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et 
seq.) prior to the date of the enactment of this Act shall 
continue to receive funds in accordance with the terms of 
such award, except that funds for such award may not con-
tinue more than one year after the date of the enactment 
of this Act. 
SEC. 5. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as otherwise provided in 
this Act, this Act, and the amendments made by this Act, 
shall be effective upon the date of the enactment of this Act. 
(b) NONCOMPETITIVE PROGRAMS.—With respect to 
noncompetitive programs under which any funds are allot-
ted by the Secretary of Education to recipients on the basis 
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of a formula, this Act, and the amendments made by this 
Act, shall take effect on October 1, 2015. 
(c) COMPETITIVE PROGRAMS.—With respect to pro-
grams that are conducted by the Secretary on a competitive 
basis, this Act, and the amendments made by this Act, shall 
take effect with respect to appropriations for use under those 
programs for fiscal year 2016. 
(d) IMPACT AID.—With respect to title IV of the Act 
(20 U.S.C. 7701 et seq.) (Impact Aid), this Act, and the 
amendments made by this Act, shall take effect with respect 
to appropriations for use under that title for fiscal year 
2016. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
The Act (20 U.S.C. 6301 et seq.) is amended by insert-
ing after section 2 the following: 
‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 
‘‘(a) TITLE I.— 
‘‘(1) PART A.—There are authorized to be appro-
priated to carry out part A of title I $16,245,163,000 
for each of fiscal years 2016 through 2021. 
‘‘(2) PART B.—There are authorized to be appro-
priated to carry out part B of title I $710,000 for 
each of fiscal years 2016 through 2021. 
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‘‘(b) TITLE II.—There are authorized to be appro-
priated to carry out title II $2,788,356,000 for each of fiscal 
years 2016 through 2021. 
‘‘(c) TITLE III.— 
‘‘(1) PART A.— 
‘‘(A) SUBPART 1.—There are authorized to 
be appropriated to carry out subpart 1 of part 
A of title III $300,000,000 for each of fiscal 
years 2016 through 2021. 
‘‘(B) SUBPART 2.—There are authorized to 
be appropriated to carry out subpart 2 of part 
A of title III $91,647,000 for each of fiscal years 
2016 through 2021. 
‘‘(C) SUBPART 3.—There are authorized to 
be appropriated to carry out subpart 3 of part 
A of title III $25,000,000 for each of fiscal years 
2016 through 2021. 
‘‘(2) PART B.—There are authorized to be appro-
priated to carry out part B of title III $2,302,287,000 
for each of fiscal years 2016 through 2021. 
‘‘(d) TITLE IV.— 
‘‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF 
REAL PROPERTY.—For the purpose of making pay-
ments under section 4002, there are authorized to be 
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appropriated $66,813,000 for each of fiscal years 
2016 through 2021. 
‘‘(2) BASIC PAYMENTS; PAYMENTS FOR HEAVILY 
IMPACTED LOCAL EDUCATIONAL AGENCIES.—For the 
purpose of making payments under section 4003(b), 
there 
are 
authorized 
to 
be 
appropriated 
$1,151,233,000 for each of fiscal years 2016 through 
2021. 
‘‘(3) PAYMENTS FOR CHILDREN WITH DISABIL-
ITIES.—For the purpose of making payments under 
section 4003(d), there are authorized to be appro-
priated $48,316,000 for each of fiscal years 2016 
through 2021. 
‘‘(4) CONSTRUCTION.—For the purpose of car-
rying out section 4007, there are authorized to be ap-
propriated $17,406,000 for each of fiscal years 2016 
through 2021. 
‘‘(5) FACILITIES
MAINTENANCE.—For the pur-
pose of carrying out section 4008, there are author-
ized to be appropriated $4,835,000 for each of fiscal 
years 2016 through 2021.’’. 
SEC. 7. SENSE OF THE CONGRESS. 
(a) FINDINGS.—The Congress finds as follows: 
(1) The Elementary and Secondary Education 
Act prohibits the Federal Government from man-
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dating, directing, or controlling a State, local edu-
cational agency, or school’s curriculum, program of 
instruction, or allocation of State and local resources, 
and from mandating a State or any subdivision 
thereof to spend any funds or incur any costs not 
paid for under such Act. 
(2) The Elementary and Secondary Education 
Act prohibits the Federal Government from funding 
the development, pilot testing, field testing, implemen-
tation, administration, or distribution of any feder-
ally sponsored national test in reading, mathematics, 
or any other subject, unless specifically and explicitly 
authorized by law. 
(3) The Secretary of Education, through 3 sepa-
rate initiatives, has created a system of waivers and 
grants that influence, incentivize, and coerce State 
educational agencies into implementing common na-
tional elementary and secondary standards and as-
sessments endorsed by the Secretary. 
(4) The Race to the Top Fund encouraged and 
incentivized States to adopt Common Core State 
Standards developed by the National Governor’s Asso-
ciation Center for Best Practices and the Council of 
Chief State School Officers. 
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(5) The Race to the Top Assessment grants 
awarded to the Partnership for the Assessment of 
Readiness for College and Careers (PARCC) and 
SMARTER 
Balanced 
Assessment 
Consortium 
(SMARTER Balance) initiated the development of 
Common Core State Standards aligned assessments 
that will, in turn, inform and ultimately influence 
kindergarten through 12th-grade curriculum and in-
structional materials. 
(6) The conditional Elementary and Secondary 
Education Act flexibility waiver authority employed 
by the Department of Education coerced States into 
accepting Common Core State Standards and aligned 
assessments. 
(b) SENSE OF THE CONGRESS.—It is the sense of the 
Congress that States and local educational agencies retain 
the rights and responsibilities of determining educational 
curriculum, programs of instruction, and assessments for 
elementary and secondary education. 
TITLE I—AID TO LOCAL 
EDUCATIONAL AGENCIES 
Subtitle A—In General 
SEC. 101. TITLE HEADING. 
The title heading for title I (20 U.S.C. 6301 et seq.) 
is amended to read as follows: 
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‘‘TITLE I—AID TO LOCAL 
EDUCATIONAL AGENCIES’’. 
SEC. 102. STATEMENT OF PURPOSE. 
Section 1001 (20 U.S.C. 6301) is amended to read as 
follows: 
‘‘SEC. 1001. STATEMENT OF PURPOSE. 
‘‘The purpose of this title is to provide all children the 
opportunity to graduate high school prepared for postsec-
ondary education or the workforce. This purpose can be ac-
complished by— 
‘‘(1) meeting the educational needs of low-achiev-
ing children in our Nation’s highest-poverty schools, 
English learners, migratory children, children with 
disabilities, Indian children, and neglected or delin-
quent children; 
‘‘(2) closing the achievement gap between high- 
and low-performing children, especially the achieve-
ment gaps between minority and nonminority stu-
dents, and between disadvantaged children and their 
more advantaged peers; 
‘‘(3) affording parents substantial and meaning-
ful opportunities to participate in the education of 
their children; and 
‘‘(4) challenging States and local educational 
agencies to embrace meaningful, evidence-based edu-
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cation reform, while encouraging state and local inno-
vation.’’. 
SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS. 
Section 1002 (20 U.S.C. 6302) is amended to read as 
follows: 
‘‘SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS. 
‘‘(a) ALTERNATIVE USES OF FEDERAL FUNDS FOR 
STATE EDUCATIONAL AGENCIES.— 
‘‘(1) IN
GENERAL.—Subject to subsections (c) 
and (d) and notwithstanding any other provision of 
law, a State educational agency may use the applica-
ble funding that the agency receives for a fiscal year 
to carry out any State activity authorized or required 
under one or more of the following provisions: 
‘‘(A) Section 1003. 
‘‘(B) Section 1004. 
‘‘(C) Subpart 2 of part A of title I. 
‘‘(D) Subpart 3 of part A of title I. 
‘‘(E) Subpart 4 of part A of title I. 
‘‘(2) NOTIFICATION.—Not later than June 1 of 
each year, a State educational agency shall notify the 
Secretary of the State educational agency’s intention 
to use the applicable funding for any of the alter-
native uses under paragraph (1). 
‘‘(3) APPLICABLE FUNDING DEFINED.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), in this subsection, the term 
‘applicable funding’ means funds provided to 
carry out State activities under one or more of 
the following provisions. 
‘‘(i) Section 1003. 
‘‘(ii) Section 1004. 
‘‘(iii) Subpart 2 of part A of title I. 
‘‘(iv) Subpart 3 of part A of title I. 
‘‘(v) Subpart 4 of part A of title I. 
‘‘(B) LIMITATION.—In this subsection, the 
term ‘applicable funding’ does not include funds 
provided under any of the provisions listed in 
subparagraph (A) that State educational agen-
cies are required by this Act— 
‘‘(i) to reserve, allocate, or spend for 
required activities; 
‘‘(ii) to allocate, allot, or award to 
local educational agencies or other entities 
eligible to receive such funds; or 
‘‘(iii) to use for technical assistance or 
monitoring. 
‘‘(4) DISBURSEMENT.—The Secretary shall dis-
burse the applicable funding to State educational 
agencies for alternative uses under paragraph (1) for 
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a fiscal year at the same time as the Secretary dis-
burses the applicable funding to State educational 
agencies that do not intend to use the applicable 
funding for such alternative uses for the fiscal year. 
‘‘(b) ALTERNATIVE USES OF FEDERAL FUNDS FOR 
LOCAL EDUCATIONAL AGENCIES.— 
‘‘(1) IN
GENERAL.—Subject to subsections (c) 
and (d) and notwithstanding any other provision of 
law, a local educational agency may use the applica-
ble funding that the agency receives for a fiscal year 
to carry out any local activity authorized or required 
under one or more of the following provisions: 
‘‘(A) Section 1003. 
‘‘(B) Subpart 1 of part A of title I. 
‘‘(C) Subpart 2 of part A of title I. 
‘‘(D) Subpart 3 of part A of title I. 
‘‘(E) Subpart 4 of part A of title I. 
‘‘(2) NOTIFICATION.—A local educational agency 
shall notify the State educational agency of the local 
educational agency’s intention to use the applicable 
funding for any of the alternative uses under para-
graph (1) by a date that is established by the State 
educational agency for the notification. 
‘‘(3) APPLICABLE FUNDING DEFINED.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), in this subsection, the term 
‘applicable funding’ means funds provided to 
carry out local activities under one or more of 
the following provisions: 
‘‘(i) Subpart 2 of part A of title I. 
‘‘(ii) Subpart 3 of part A of title I. 
‘‘(iii) Subpart 4 of part A of title I. 
‘‘(B) LIMITATION.—In this subsection, the 
term ‘applicable funding’ does not include funds 
provided under any of the provisions listed in 
subparagraph (A) that local educational agencies 
are required by this Act— 
‘‘(i) to reserve, allocate, or spend for 
required activities; 
‘‘(ii) to allocate, allot, or award to en-
tities eligible to receive such funds; or 
‘‘(iii) to use for technical assistance or 
monitoring. 
‘‘(4) DISBURSEMENT.—Each State educational 
agency that receives applicable funding for a fiscal 
year shall disburse the applicable funding to local 
educational agencies for alternative uses under para-
graph (1) for the fiscal year at the same time as the 
State educational agency disburses the applicable 
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funding to local educational agencies that do not in-
tend to use the applicable funding for such alternative 
uses for the fiscal year. 
‘‘(c) RULE
FOR ADMINISTRATIVE COSTS.—A State 
educational agency or a local educational agency shall only 
use applicable funding (as defined in subsection (a)(3) or 
(b)(3), respectively) for administrative costs incurred in 
carrying out a provision listed in subsection (a)(1) or 
(b)(1), respectively, to the extent that the agency, in the ab-
sence of this section, could have used funds for administra-
tive costs with respect to a program listed in subsection 
(a)(3) or (b)(3), respectively. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to relieve a State educational agency 
or local educational agency of any requirements relating 
to— 
‘‘(1) use of Federal funds to supplement, not sup-
plant, non-Federal funds; 
‘‘(2) comparability of services; 
‘‘(3) equitable participation of private school stu-
dents and teachers; 
‘‘(4) applicable civil rights requirements; 
‘‘(5) section 1113; or 
‘‘(6) section 1111.’’. 
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SEC. 104. SCHOOL IMPROVEMENT. 
Section 1003 (20 U.S.C. 6303) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘2 percent’’ and inserting 
‘‘7 percent’’; and 
(B) by striking ‘‘subpart 2 of part A’’ and 
all that follows through ‘‘sections 1116 and 
1117,’’ and inserting ‘‘chapter B of subpart 1 of 
part A for each fiscal year to carry out sub-
section (b),’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘for 
schools identified for school improvement, correc-
tive action, and restructuring, for activities 
under section 1116(b)’’ and inserting ‘‘to carry 
out the State’s system of school improvement 
under section 1111(b)(3)(B)(iii)’’; and 
(B) in paragraph (2), by striking ‘‘or edu-
cational service agencies’’ and inserting ‘‘, edu-
cational service agencies, or non-profit or for- 
profit external providers with expertise in using 
evidence-based or other effective strategies to im-
prove student achievement’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘and’’ at 
the end; 
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(B) in paragraph (2), by striking ‘‘need for 
such funds; and’’ and inserting ‘‘commitment to 
using such funds to improve such schools.’’; and 
(C) by striking paragraph (3); 
(4) in subsection (d)(1), by striking ‘‘subpart 2 
of part A;’’ and inserting ‘‘chapter B of subpart 1 of 
part A;’’; 
(5) in subsection (e)— 
(A) by striking ‘‘in any fiscal year’’ and in-
serting ‘‘in fiscal year 2016 and each subsequent 
fiscal year’’; 
(B) by striking ‘‘subpart 2’’ and inserting 
‘‘chapter B of subpart 1 of part A’’; and 
(C) by striking ‘‘such subpart’’ and insert-
ing ‘‘such chapter’’; 
(6) in subsection (f), by striking ‘‘and the per-
centage of students from each school from families 
with incomes below the poverty line’’; and 
(7) by striking subsection (g). 
SEC. 105. DIRECT STUDENT SERVICES. 
The Act (20 U.S.C. 6301 et seq.) is amended by insert-
ing after section 1003 the following: 
‘‘SEC. 1003A. DIRECT STUDENT SERVICES. 
‘‘(a) STATE RESERVATION.—Each State shall reserve 
3 percent of the amount the State receives under chapter 
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B of subpart 1 of part A for each fiscal year to carry out 
this section. Of such reserved funds, the State educational 
agency may use up to 1 percent to administer direct student 
services. 
‘‘(b) DIRECT STUDENT SERVICES.—From the amount 
available after the application of subsection (a), each State 
shall award grants in accordance with this section to local 
educational agencies to support direct student services. 
‘‘(c) AWARDS.—The State educational agency shall 
award grants to geographically diverse local educational 
agencies including suburban, rural, and urban local edu-
cational agencies. If there are not enough funds to award 
all applicants in a sufficient size and scope to run an effec-
tive direct student services program, the State shall 
prioritize awards to local educational agencies with the 
greatest number of students with disabilities, neglected, de-
linquent, migrant students, English learners, at-risk stu-
dents, and Native Americans, to increase academic achieve-
ment of such students. 
‘‘(d) LOCAL USE
OF FUNDS.—A local educational 
agency receiving an award under this section— 
‘‘(1) shall use up to 1 percent of each award for 
outreach and communication to parents about their 
options and to register students for direct student 
services; 
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‘‘(2) may use not more than 2 percent of each 
award for administrative costs related to direct stu-
dent services; and 
‘‘(3) shall use the remainder of the award to pay 
the transportation required to provide public school 
choice or the hourly rate for high-quality academic 
tutoring services, as determined by a provider on the 
State-approved list required under subsection (f)(2). 
‘‘(e) APPLICATION.—A local educational agency desir-
ing to receive an award under subsection (b) shall submit 
an application describing how the local educational agency 
will— 
‘‘(1) provide adequate outreach to ensure parents 
can exercise a meaningful choice of direct student 
services for their child’s education; 
‘‘(2) ensure parents have adequate time and in-
formation to make a meaningful choice prior to en-
rolling their child in a direct student service; 
‘‘(3) ensure sufficient availability of seats in the 
public schools the local educational agency will make 
available for public school choice options; 
‘‘(4) determine the requirements or criteria for 
student eligibility for direct student services; 
‘‘(5) select a variety of providers of high-quality 
academic tutoring from the State-approved list re-
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quired under subsection (f)(2) and ensure fair nego-
tiations in selecting such providers of high-quality 
academic tutoring, including online, on campus, and 
other models of tutoring which provide meaningful 
choices to parents to find the best service for their 
child; and 
‘‘(6) develop an estimated per pupil expenditure 
available for eligible students to use toward high-qual-
ity academic tutoring which shall allow for an ade-
quate level of services to increase academic achieve-
ment from a variety of high-quality academic tutor-
ing providers. 
‘‘(f) PROVIDERS AND SCHOOLS.—The State— 
‘‘(1) shall ensure that each local educational 
agency receiving an award to provide public school 
choice can provide a sufficient number of options to 
provide a meaningful choice for parents; 
‘‘(2) shall compile a list of State-approved high- 
quality academic tutoring providers that includes on-
line, on campus, and other models of tutoring; and 
‘‘(3) shall ensure that each local educational 
agency receiving an award will provide an adequate 
number of high-quality academic tutoring options to 
ensure parents have a meaningful choice of services.’’. 
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SEC. 106. STATE ADMINISTRATION. 
Section 1004 (20 U.S.C. 6304) is amended to read as 
follows: 
‘‘SEC. 1004. STATE ADMINISTRATION. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), to carry out administrative duties assigned under sub-
parts 1, 2, and 3 of part A of this title, each State may 
reserve the greater of— 
‘‘(1) 1 percent of the amounts received under 
such subparts; or 
‘‘(2) $400,000 ($50,000 in the case of each out-
lying area). 
‘‘(b) EXCEPTION.—If the sum of the amounts reserved 
under subparts 1, 2, and 3 of part A of this title is equal 
to or greater than $14,000,000,000, then the reservation de-
scribed in subsection (a)(1) shall not exceed 1 percent of 
the amount the State would receive if $14,000,000,000 were 
allocated among the States for subparts 1, 2, and 3 of part 
A of this title.’’. 
Subtitle 
B—Improving 
the 
Aca-
demic Achievement of the Dis-
advantaged 
SEC. 111. PART A HEADINGS. 
(a) PART HEADING.—The part heading for part A of 
title I (20 U.S.C. 6311 et seq.) is amended to read as fol-
lows: 
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‘‘PART A—IMPROVING THE ACADEMIC 
ACHIEVEMENT OF THE DISADVANTAGED’’. 
(b) SUBPART 1 HEADING.—The Act is amended by 
striking the subpart heading for subpart 1 of part A of title 
I (20 U.S.C. 6311 et seq.) and inserting the following: 
‘‘Subpart 1—Improving Basic Programs Operated by 
Local Educational Agencies 
‘‘CHAPTER A—BASIC PROGRAM 
REQUIREMENTS’’. 
(c) SUBPART 2 HEADING.—The Act is amended by 
striking the subpart heading for subpart 2 of part A of title 
I (20 U.S.C. 6331 et seq.) and inserting the following: 
‘‘CHAPTER B—ALLOCATIONS’’. 
SEC. 112. STATE PLANS. 
Section 1111 (20 U.S.C. 6311) is amended to read as 
follows: 
‘‘SEC. 1111. STATE PLANS. 
‘‘(a) FILING FOR GRANTS.— 
‘‘(1) IN GENERAL.—For any State desiring to re-
ceive a grant under this subpart, the State edu-
cational agency file with the Secretary a plan, devel-
oped by the State educational agency, in consultation 
with local educational agencies, teachers, school lead-
ers, public charter school representatives, specialized 
instructional support personnel, other appropriate 
school personnel, parents, private sector employers, 
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entrepreneurs, and representatives of Indian tribes lo-
cated in the State, that satisfies the requirements of 
this section and that is coordinated with other pro-
grams under this Act, the Individuals with Disabil-
ities 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) CONSOLIDATED PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as 
part of a consolidated plan under section 6302. 
‘‘(b) ACADEMIC
STANDARDS, ACADEMIC
ASSESS-
MENTS, AND STATE ACCOUNTABILITY.— 
‘‘(1) ACADEMIC STANDARDS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State has adopted academic 
content standards and academic achievement 
standards aligned with such content standards 
that comply with the requirements of this para-
graph. 
‘‘(B) SUBJECTS.—The State shall have such 
academic standards for mathematics, reading or 
language arts, and science, and may have such 
standards for any other subject determined by 
the State. 
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‘‘(C) REQUIREMENTS.—The standards de-
scribed in subparagraph (A) shall— 
‘‘(i) apply to all public schools and 
public school students in the State; and 
‘‘(ii) with respect to academic achieve-
ment standards, include the same knowl-
edge, skills, and levels of achievement ex-
pected of all public school students in the 
State. 
‘‘(D) ALTERNATE ACADEMIC ACHIEVEMENT 
STANDARDS.—Notwithstanding any other provi-
sion of this paragraph, a State retains the right, 
through a documented and validated standards- 
setting process, to adopt alternate academic 
achievement standards for students with the most 
significant cognitive disabilities, if— 
‘‘(i) the determination about whether 
the achievement of an individual student 
should be measured against such standards 
is made separately for each student; and 
‘‘(ii) such standards— 
‘‘(I) are aligned with the State 
academic standards required under 
subparagraph (A); 
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‘‘(II) promote access to the general 
curriculum; and 
‘‘(III) reflect professional judg-
ment as to the highest possible stand-
ards achievable by such students. 
‘‘(E) ENGLISH
LANGUAGE
PROFICIENCY 
STANDARDS.—Each State plan shall describe 
how the State educational agency will establish 
English language proficiency standards that 
are— 
‘‘(i) derived from the four recognized 
domains of speaking, listening, reading, and 
writing; and 
‘‘(ii) aligned with the State’s academic 
content standards in reading or language 
arts under subparagraph (A). 
‘‘(2) 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 student 
academic assessments in mathematics, reading 
or language arts, and science. The State retains 
the right to implement such assessments in any 
other subject chosen by the State. 
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‘‘(B) REQUIREMENTS.—Such assessments 
shall— 
‘‘(i) in the case of mathematics and 
reading or language arts, be used in deter-
mining the performance of each local edu-
cational agency and public school in the 
State in accordance with the State’s ac-
countability system under paragraph (3); 
‘‘(ii) be the same academic assessments 
used to measure the academic achievement 
of all public school students in the State; 
‘‘(iii) be aligned with the State’s aca-
demic standards and provide coherent and 
timely information about student attain-
ment of such standards; 
‘‘(iv) be used for purposes for which 
such assessments are valid and reliable, be 
of adequate technical quality for each pur-
pose required under this Act, and be con-
sistent with relevant, nationally recognized 
professional and technical standards; 
‘‘(v)(I) in the case of mathematics and 
reading or language arts, be administered 
in each of grades 3 through 8 and at least 
once in grades 9 through 12; 
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‘‘(II) in the case of science, be adminis-
tered not less than one time during— 
‘‘(aa) grades 3 through 5; 
‘‘(bb) grades 6 through 9; and 
‘‘(cc) grades 10 through 12; and 
‘‘(III) in the case of any other subject 
chosen by the State, be administered at the 
discretion of the State; 
‘‘(vi) measure individual student aca-
demic proficiency and, at the State’s discre-
tion, growth; 
‘‘(vii) at the State’s discretion— 
‘‘(I) be administered through a 
single annual summative assessment; 
or 
‘‘(II) be administered through 
multiple assessments during the course 
of the academic year that result in a 
single summative score that provides 
valid, reliable, and transparent infor-
mation on student achievement; 
‘‘(viii) include measures that assess 
higher-order thinking skills and under-
standing; 
‘‘(ix) provide for— 
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‘‘(I) the participation in such as-
sessments of all students; 
‘‘(II) the reasonable adaptations 
and accommodations for students with 
disabilities necessary to measure the 
academic achievement of such students 
relative to the State’s academic stand-
ards; and 
‘‘(III) the inclusion of English 
learners, who shall be assessed in a 
valid and reliable manner and pro-
vided reasonable accommodations, in-
cluding, to the extent practicable, as-
sessments in the language and form 
most likely to yield accurate and reli-
able information on what such students 
know and can do in academic content 
areas, 
until 
such 
students 
have 
achieved English language proficiency, 
as assessed by the State under sub-
paragraph (D); 
‘‘(x) notwithstanding clause (ix)(III), 
provide for the assessment of reading or lan-
guage arts in English for English learners 
who have attended school in the United 
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States (not including Puerto Rico) for 3 or 
more consecutive school years, except that a 
local educational agency may, on a case-by- 
case basis, provide for the assessment of 
reading or language arts for each such stu-
dent in a language other than English for 
a period not to exceed 2 additional consecu-
tive years if the assessment would be more 
likely to yield accurate and reliable infor-
mation on what such student knows and 
can do, provided that such student has not 
yet reached a level of English language pro-
ficiency sufficient to yield valid and reliable 
information on what such student knows 
and can do on reading or language arts as-
sessments written in English; 
‘‘(xi) produce individual student inter-
pretive, descriptive, and diagnostic reports 
regarding achievement on such assessments 
that allow parents, teachers, and school 
leaders to understand and address the spe-
cific academic needs of students, and that 
are provided to parents, teachers, and school 
leaders, as soon as is practicable after the 
assessment is given, in an understandable 
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and uniform format, and to the extent prac-
ticable, in a language that parents can un-
derstand; 
‘‘(xii) enable results to be disaggregated 
within each State, local educational agency, 
and school by gender, by each major racial 
and ethnic group, by English language pro-
ficiency status, by migrant status, by status 
as a student with a disability, by status as 
a student with a parent who is an active 
duty member of the Armed Forces (as de-
fined in section 101(a)(4) of title 10, United 
States Code), and by economically dis-
advantaged status, 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 statis-
tically reliable information or the results 
would reveal personally identifiable infor-
mation about an individual student; 
‘‘(xiii) be administered to not less than 
95 percent of all students, and not less than 
95 percent of each subgroup of students de-
scribed in paragraph (3)(B)(ii)(II); and 
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‘‘(xiv) where practicable, be developed 
using the principles of universal design for 
learning as defined in section 103(24) of the 
Higher Education Act of 1965 (20 U.S.C. 
1003(24)). 
‘‘(C) ALTERNATE ASSESSMENTS.—A State 
may provide for alternate assessments aligned 
with the alternate academic standards adopted 
in accordance with paragraph (1)(D), for stu-
dents with the most significant cognitive disabil-
ities, if the State— 
‘‘(i) establishes and monitors imple-
mentation of clear and appropriate guide-
lines for individualized education program 
teams (as defined in section 614(d)(1)(B) of 
the Individuals with Disabilities Education 
Act) to apply when determining when a 
child’s significant cognitive disability justi-
fies assessment based on alternate achieve-
ment standards; 
‘‘(ii) ensures that the parents of such 
students are informed that— 
‘‘(I) 
their 
child’s 
academic 
achievement will be measured against 
such alternate standards; and 
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‘‘(II) whether participation in 
such assessments precludes the student 
from completing the requirements for a 
regular high school diploma; 
‘‘(iii) demonstrates that such students 
are, to the extent practicable, included in 
the general curriculum and that such alter-
nate assessments are aligned with such cur-
riculum; 
‘‘(iv) develops, disseminates informa-
tion about, and promotes the use of appro-
priate accommodations to increase the num-
ber of students with disabilities who are 
tested against academic achievement stand-
ards for the grade in which a student is en-
rolled; and 
‘‘(v) ensures that regular and special 
education teachers and other appropriate 
staff know how to administer the alternate 
assessments, including making appropriate 
use of accommodations for students with 
disabilities. 
‘‘(D) ASSESSMENTS OF ENGLISH LANGUAGE 
PROFICIENCY.— 
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‘‘(i) IN
GENERAL.—Each State plan 
shall demonstrate that local educational 
agencies in the State will provide for an an-
nual assessment of English proficiency of 
all English learners in the schools served by 
the State educational agency. 
‘‘(ii) 
ALIGNMENT.—The 
assessments 
described in clause (i) shall be aligned with 
the State’s English language proficiency 
standards described in paragraph (1)(E). 
‘‘(E) 
LANGUAGE
ASSESSMENTS.—Each 
State plan shall identify the languages other 
than English that are present in the partici-
pating student population and indicate the lan-
guages for which yearly student academic assess-
ments are not available and are needed. The 
State shall make every effort to develop such as-
sessments and may request assistance from the 
Secretary if linguistically accessible academic as-
sessment 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 instruc-
tion. 
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‘‘(F) ADAPTIVE ASSESSMENTS.—A State re-
tains the right to develop and administer com-
puter adaptive assessments as the assessments re-
quired under subparagraph (A). If a State devel-
ops and administers a computer adaptive assess-
ment for such purposes, the assessment shall meet 
the requirements of this paragraph, except as fol-
lows: 
‘‘(i) 
Notwithstanding 
subparagraph 
(B)(iii), the assessment— 
‘‘(I) shall measure, at a min-
imum, each student’s academic pro-
ficiency against the State’s academic 
standards for the student’s grade level 
and growth toward such standards; 
and 
‘‘(II) if the State chooses, may be 
used to measure the student’s level of 
academic proficiency and growth using 
assessment items above or below the 
student’s grade level, including for use 
as part of a State’s accountability sys-
tem under paragraph (3). 
‘‘(ii) Subparagraph (B)(ii) shall not be 
interpreted to require that all students tak-
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ing the computer adaptive assessment be ad-
ministered the same assessment items. 
‘‘(3) STATE ACCOUNTABILITY SYSTEMS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State has developed and is 
implementing a single, statewide accountability 
system to ensure that all public school students 
graduate from high school prepared for postsec-
ondary education or the workforce without the 
need for remediation. 
‘‘(B) ELEMENTS.—Each State account-
ability system described in subparagraph (A) 
shall at a minimum— 
‘‘(i) annually measure the academic 
achievement of all public school students in 
the State against the State’s mathematics 
and reading or language arts academic 
standards adopted under paragraph (1), 
which may include measures of student 
growth toward such standards, using the 
mathematics and reading or language arts 
assessments described in paragraph (2)(B) 
and other valid and reliable academic indi-
cators related to student achievement as 
identified by the State; 
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‘‘(ii) annually evaluate and identify 
the academic performance of each public 
school in the State based on— 
‘‘(I) student academic achieve-
ment as measured in accordance with 
clause (i); 
‘‘(II) the overall performance, and 
achievement gaps as compared to all 
students in the school, for economically 
disadvantaged students, students from 
major racial and ethnic groups, stu-
dents with disabilities, and English 
learners, except that disaggregation of 
data under this subclause shall not be 
required in a case in which the number 
of students in a category is insufficient 
to yield statistically reliable informa-
tion or the results would reveal person-
ally identifiable information about an 
individual student; and 
‘‘(III) other measures of school 
success; and 
‘‘(iii) include a system for school im-
provement for low-performing public schools 
receiving funds under this subpart that— 
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‘‘(I) implements interventions in 
such schools that are designed to ad-
dress such schools’ weaknesses; and 
‘‘(II) is implemented by local edu-
cational agencies serving such schools. 
‘‘(C) PROHIBITION.—Nothing in this section 
shall be construed to permit the Secretary to es-
tablish any criteria that specifies, defines, or 
prescribes any aspect of a State’s accountability 
system developed and implemented in accordance 
with this paragraph. 
‘‘(D) 
ACCOUNTABILITY
FOR
CHARTER 
SCHOOLS.—The accountability provisions under 
this Act shall be overseen for charter schools in 
accordance with State charter school law. 
‘‘(E) RECENTLY ARRIVED ENGLISH LEARN-
ERS.—A State may delay inclusion of the aca-
demic achievement of English learners for pur-
poses of the evaluation and identification de-
scribed in subparagraph (B)(ii) if such students 
have attended schools in the 50 states or the Dis-
trict of Columbia for less than two years (in the 
case of mathematics) and less than three years 
(in the case of reading or language arts), except 
that if the State uses growth calculations as de-
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scribed in clause (i) of such subparagraph in 
such evaluation and identification, the State 
shall include such students in such calculations. 
‘‘(4) REQUIREMENTS.—Each State plan shall de-
scribe— 
‘‘(A) how the State educational agency will 
assist each local educational agency and each 
public school affected by the State plan to com-
ply with the requirements of this subpart, in-
cluding how the State educational agency will 
work with local educational agencies to provide 
technical assistance; and 
‘‘(B) how the State educational agency will 
ensure that the results of the State assessments 
described in paragraph (2), the other indicators 
selected by the State under paragraph (3)(B)(i), 
and the school evaluations described in para-
graph (3)(B)(ii), will be promptly provided to 
local educational agencies, schools, teachers, and 
parents in a manner that is clear and easy to 
understand, but not later than before the begin-
ning of the school year following the school year 
in which such assessments, other indicators, or 
evaluations are taken or completed. 
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‘‘(5) TIMELINE
FOR
IMPLEMENTATION.—Each 
State plan shall describe the process by which the 
State will adopt and implement the State academic 
standards, assessments, and accountability system re-
quired under this section within 2 years of enactment 
of the Student Success Act. 
‘‘(6) EXISTING
STANDARDS.—Nothing in this 
subpart shall prohibit a State from revising, con-
sistent with this section, any standard adopted under 
this section before or after the date of the enactment 
of the Student Success Act. 
‘‘(7) EXISTING STATE LAW.—Nothing in this sec-
tion shall be construed to alter any State law or regu-
lation granting parents authority over schools that re-
peatedly failed to make adequate yearly progress 
under this section, as in effect on the day before the 
date of the enactment of the Student Success Act. 
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND 
LEARNING.—Each State plan shall contain assurances 
that— 
‘‘(1) the State will notify local educational agen-
cies, schools, teachers, parents, and the public of the 
academic standards, academic assessments, and State 
accountability system developed and implemented 
under this section; 
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‘‘(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 will notify 
local educational agencies and the public of the au-
thority to operate schoolwide programs; 
‘‘(4) the State educational agency will provide 
the least restrictive and burdensome regulations for 
local educational agencies and individual schools par-
ticipating in a program assisted under this subpart; 
‘‘(5) 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; 
‘‘(6) the State educational agency will modify or 
eliminate State fiscal and accounting barriers so that 
schools can easily consolidate funds from other Fed-
eral, State, and local sources for schoolwide programs 
under section 1114; and 
‘‘(7) the State educational agency will inform 
local educational agencies in the State of the local 
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educational agency’s authority to transfer funds 
under section 1002 and to obtain waivers under sec-
tion 6401. 
‘‘(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 achieve-
ment to high standards for all children; 
‘‘(2) be geared toward lowering barriers to great-
er participation by parents in school planning, re-
view, and improvement; and 
‘‘(3) be coordinated with programs funded under 
subpart 3 of part A of title III. 
‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.— 
‘‘(1) ESTABLISHMENT.—Notwithstanding section 
6543, 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, teach-
ers, State educational agencies, local educational 
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agencies, and private sector employers (including 
representatives of entrepreneurial ventures), and 
who are familiar with educational standards, as-
sessments, accountability, the needs of low-per-
forming schools, and other educational needs of 
students, and ensure that 65 percent of such ap-
pointees are practitioners and 10 percent are 
representatives of private sector employers. 
‘‘(2) APPROVAL.—The Secretary shall— 
‘‘(A) approve a State plan within 120 days 
of its submission; 
‘‘(B) disapprove of the State plan only if 
the Secretary demonstrates how the State plan 
fails to meet the requirements of this section and 
immediately notifies the State of such determina-
tion and the reasons for such determination; 
‘‘(C) not decline to approve a State’s plan 
before— 
‘‘(i) offering the State an opportunity 
to revise its plan; 
‘‘(ii) providing technical assistance in 
order to assist the State to meet the require-
ments of this section; and 
‘‘(iii) providing a hearing; and 
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‘‘(D) have the authority to disapprove a 
State plan for not meeting the requirements of 
this subpart, but shall not have the authority to 
require a State, as a condition of approval of the 
State plan, to include in, or delete from, such 
plan one or more specific elements of the State’s 
academic standards or State accountability sys-
tem, or to use specific academic assessments or 
other indicators. 
‘‘(3) STATE REVISIONS.—A State plan shall be 
revised by the State educational agency if it is nec-
essary to satisfy the requirements of this section. 
‘‘(4) PUBLIC
REVIEW.—All communications, 
feedback, and notifications under this subsection shall 
be conducted in a manner that is immediately made 
available to the public through the website of the De-
partment, including— 
‘‘(A) peer review guidance; 
‘‘(B) the names of the peer reviewers; 
‘‘(C) State plans submitted or resubmitted 
by a State, including the current approved 
plans; 
‘‘(D) peer review notes; 
‘‘(E) State plan determinations by the Sec-
retary, including approvals or disapprovals, and 
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any deviations from the peer reviewers’ rec-
ommendations with an explanation of the devi-
ation; and 
‘‘(F) hearings. 
‘‘(5) PROHIBITION.—The Secretary, and the Sec-
retary’s staff, may not attempt to participate in, or 
influence, the peer review process. No Federal em-
ployee may participate in, or attempt to influence the 
peer review process, except to respond to questions of 
a technical nature, which shall be publicly reported. 
‘‘(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 subpart; and 
‘‘(B) be periodically reviewed and revised as 
necessary by the State educational agency to re-
flect changes in the State’s strategies and pro-
grams under this subpart. 
‘‘(2) ADDITIONAL
INFORMATION.—If a State 
makes significant changes to its State plan, such as 
the adoption of new State academic standards or new 
academic assessments, or adopts a new State account-
ability system, such information shall be submitted to 
the Secretary under subsection (e)(2) for approval. 
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‘‘(g) FAILURE TO MEET REQUIREMENTS.—If a State 
fails to meet any of the requirements of this section then 
the Secretary shall withhold funds for State administration 
under this subpart until the Secretary determines that the 
State has fulfilled those requirements. 
‘‘(h) REPORTS.— 
‘‘(1) ANNUAL STATE REPORT CARD.— 
‘‘(A) IN GENERAL.—A State that receives 
assistance under this subpart shall prepare and 
disseminate an annual State report card. Such 
dissemination shall include, at a minimum, pub-
licly posting the report card on the home page of 
the State educational agency’s website. 
‘‘(B) IMPLEMENTATION.—The State report 
card shall be— 
‘‘(i) concise; and 
‘‘(ii) presented in an understandable 
and uniform format that is developed in 
consultation with parents and, to the extent 
practicable, provided in a language that 
parents can understand. 
‘‘(C) REQUIRED INFORMATION.—The State 
shall include in its annual State report card in-
formation on— 
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‘‘(i) the performance of students, in the 
aggregate and disaggregated by the cat-
egories of students described in subsection 
(b)(2)(B)(xii) 
(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 re-
veal personally identifiable information 
about an individual student), on the State 
academic assessments described in sub-
section (b)(2); 
‘‘(ii) the participation rate on such as-
sessments, 
in 
the 
aggregate 
and 
disaggregated in accordance with clause (i); 
‘‘(iii) the performance of students, in 
the aggregate and disaggregated in accord-
ance with clause (i), on other academic in-
dicators described in subsection (b)(3)(B)(i); 
‘‘(iv) for each public high school in the 
State, in the aggregate and disaggregated in 
accordance with clause (i)— 
‘‘(I) the four-year adjusted cohort 
graduation rate, and 
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‘‘(II) if applicable, the extended- 
year adjusted cohort graduation rate, 
reported separately for students grad-
uating in 5 years or less, students 
graduating in 6 years or less, and stu-
dents graduating in 7 or more years; 
‘‘(v) each public school’s evaluation re-
sults as determined in accordance with sub-
section (b)(3)(B)(ii); 
‘‘(vi) the acquisition of English pro-
ficiency by English learners; 
‘‘(vii) if appropriate, as determined by 
the State, the number and percentage of 
teachers in each category established under 
section 2123(1), except that such informa-
tion shall not reveal personally identifiable 
information about an individual teacher; 
and 
‘‘(viii) the results of the assessments de-
scribed in subsection (c)(2). 
‘‘(D) OPTIONAL INFORMATION.—The State 
may include in its annual State report card 
such other information as the State believes will 
best provide parents, students, and other mem-
bers of the public with information regarding the 
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progress of each of the State’s public elementary 
schools and public secondary schools, such as the 
number of students enrolled in each public sec-
ondary school in the State attaining career and 
technical proficiencies, as defined in section 
113(b)(2)(A) of the Carl D. Perkins Career and 
Technical Education Act of 2006, and reported 
by the State in a manner consistent with section 
113(c) of such Act. 
‘‘(E) DATA.—All personal, private student 
data shall be prohibited from use beyond assess-
ing student performance as provided for in sub-
paragraph (C). The State’s annual report shall 
only use such data as sufficient to yield statis-
tically reliable information, and does not reveal 
personally identifiable information about indi-
vidual students. 
‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY RE-
PORT CARDS.— 
‘‘(A) IN
GENERAL.—A local educational 
agency that receives assistance under this sub-
part shall prepare and disseminate an annual 
local educational agency report card. 
‘‘(B) MINIMUM REQUIREMENTS.—The State 
educational agency shall ensure that each local 
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educational agency collects appropriate data and 
includes in the local educational agency’s annual 
report 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, information that shows how stu-
dents served by the local educational agency 
achieved on the statewide academic assess-
ment and other academic indicators adopt-
ed 
in 
accordance 
with 
subsection 
(b)(3)(B)(i) compared to students in the 
State as a whole; and 
‘‘(ii) in the case of a school, the school’s 
evaluation under subsection (b)(3)(B)(ii). 
‘‘(C) OTHER INFORMATION.—A local edu-
cational agency may include in its annual local 
educational agency report card any other appro-
priate information, whether or not such informa-
tion is included in the annual State report card. 
‘‘(D) DATA.—A local educational agency or 
school shall only include in its annual local edu-
cational agency report card data that are suffi-
cient to yield statistically reliable information, 
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as determined by the State, and that do not re-
veal 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 served by the local educational agency 
and to all parents of students attending those 
schools in an understandable and uniform for-
mat, and, to the extent practicable, in a lan-
guage that parents can understand, and make 
the information widely available through public 
means, such as posting on the Internet, distribu-
tion to the media, and distribution through pub-
lic agencies, except that if a local educational 
agency issues a report card for all students, the 
local educational agency may include the infor-
mation under this section as part of such report. 
‘‘(3) PREEXISTING
REPORT
CARDS.—A State 
educational agency or local educational agency may 
use public report cards on the performance of stu-
dents, schools, local educational agencies, or the State, 
that were in effect prior to the enactment of the Stu-
dent Success Act for the purpose of this subsection, so 
long as any such report card is modified, as may be 
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needed, to contain the information required by this 
subsection, and protects the privacy of individual stu-
dents. 
‘‘(4) PARENTS RIGHT-TO-KNOW.— 
‘‘(A) ACHIEVEMENT INFORMATION.—At the 
beginning of each school year, a school that re-
ceives funds under this subpart shall provide to 
each individual parent information on the level 
of achievement of the parent’s child in each of 
the State academic assessments and other aca-
demic indicators adopted in accordance with this 
subpart. 
‘‘(B) 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 lan-
guage that the parents can understand. 
‘‘(i) PRIVACY.—Information collected under this sec-
tion shall be collected and disseminated in a manner that 
protects the privacy of individuals consistent with section 
444 of the General Education Provisions Act and this Act. 
‘‘(j) VOLUNTARY PARTNERSHIPS.—A State retains the 
right to enter into a voluntary partnership with another 
State to develop and implement the academic standards 
and assessments required under this section, except that the 
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Secretary shall not, either directly or indirectly, attempt 
to influence, incentivize, or coerce State— 
‘‘(1) adoption of the Common Core State Stand-
ards developed under the Common Core State Stand-
ards Initiative, any other academic standards com-
mon to a significant number of States, or assessments 
tied to such standards; or 
‘‘(2) participation in any such partnerships. 
‘‘(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 school operated or funded by the Bureau of 
Indian Education receiving funds under this subpart, the 
following shall apply: 
‘‘(1) Each such school that is accredited by the 
State in which it is operating shall use the assess-
ments and other academic indicators the State has 
developed and implemented to meet the requirements 
of this section, or such other appropriate assessment 
and academic indicators as approved by the Sec-
retary of the Interior. 
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‘‘(2) Each such school that is accredited by a re-
gional accrediting organization shall adopt an appro-
priate assessment and other academic indicators, in 
consultation with and with the approval of, the Sec-
retary of the Interior and consistent with assessments 
and academic indicators adopted by other schools in 
the same State or region, that meet the requirements 
of this section. 
‘‘(3) Each such school that is accredited by a 
tribal accrediting agency or tribal division of edu-
cation shall use an assessment and other academic in-
dicators developed by such agency or division, except 
that the Secretary of the Interior shall ensure that 
such assessment and academic indicators meet the re-
quirements of this section.’’. 
SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS. 
Section 1112 (20 U.S.C. 6312) is amended to read as 
follows: 
‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 
‘‘(a) PLANS REQUIRED.— 
‘‘(1) SUBGRANTS.—A local educational agency 
may receive a subgrant under this subpart 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 
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other programs under this Act, the Individuals with 
Disabilities Education Act, the Carl D. Perkins Ca-
reer 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 applica-
tion under section 6305. 
‘‘(b) PLAN PROVISIONS.—Each local educational agen-
cy plan shall describe— 
‘‘(1) how the local educational agency will mon-
itor, in addition to the State assessments described in 
section 1111(b)(2), students’ progress in meeting the 
State’s academic standards; 
‘‘(2) how the local educational agency will iden-
tify quickly and effectively those students who may be 
at risk of failing to meet the State’s academic stand-
ards; 
‘‘(3) how the local educational agency will pro-
vide additional educational assistance to individual 
students in need of additional help in meeting the 
State’s academic standards; 
‘‘(4) how the local educational agency will im-
plement the school improvement system described in 
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section 1111(b)(3)(B)(iii) for any of the agency’s 
schools identified under such section; 
‘‘(5) how the local educational agency will co-
ordinate programs under this subpart with other pro-
grams under this Act and other Acts, as appropriate; 
‘‘(6) the poverty criteria that will be used to se-
lect school attendance areas under section 1113; 
‘‘(7) how teachers, in consultation with parents, 
administrators, and specialized instructional support 
personnel, in targeted assistance schools under section 
1115, will identify the eligible children most in need 
of services under this subpart; 
‘‘(8) in general, the nature of the programs to be 
conducted by the local educational agency’s schools 
under sections 1114 and 1115, and, where appro-
priate, educational services outside such schools for 
children living in local institutions for neglected and 
delinquent children, and for neglected and delinquent 
children in community day school programs; 
‘‘(9) how the local educational agency will ensure 
that migratory children who are eligible to receive 
services under this subpart are selected to receive such 
services on the same basis as other children who are 
selected to receive services under this subpart; 
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‘‘(10) the services the local educational agency 
will provide homeless children, including services pro-
vided 
with 
funds 
reserved 
under 
section 
1113(c)(3)(A); 
‘‘(11) the strategy the local educational agency 
will use to implement effective parental involvement 
under section 1118; 
‘‘(12) if appropriate, how the local educational 
agency will use funds under this subpart to support 
preschool programs for children, particularly children 
participating in a Head Start program, which serv-
ices 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 early childhood de-
velopment program; 
‘‘(13) how the local educational agency, through 
incentives for voluntary transfers, the provision of 
professional development, recruitment programs, in-
centive pay, performance pay, or other effective strate-
gies, will address disparities in the rates of low-in-
come and minority students and other students being 
taught by ineffective teachers; 
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‘‘(14) if appropriate, how the local educational 
agency will use funds under this subpart to support 
programs that coordinate and integrate— 
‘‘(A) career and technical education aligned 
with State technical standards that promote 
skills attainment important to in-demand occu-
pations or industries in the State and the State’s 
academic standards under section 1111(b)(1); 
and 
‘‘(B) work-based learning opportunities that 
provide students in-depth interaction with in-
dustry professionals; and 
‘‘(15) if appropriate, how the local educational 
agency will use funds under this subpart to support 
dual enrollment programs, early college high schools, 
and Advanced Placement or International Bacca-
laureate programs. 
‘‘(c) ASSURANCES.—Each local educational agency 
plan shall provide assurances that the local educational 
agency will— 
‘‘(1) participate, if selected, in biennial State 
academic assessments of 4th and 8th grade reading 
and mathematics under the National Assessment of 
Educational Progress carried out under section 
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303(b)(2) of the National Assessment of Educational 
Progress Authorization Act; 
‘‘(2) inform schools of schoolwide program au-
thority and the ability to consolidate funds from Fed-
eral, State, and local sources; 
‘‘(3) provide technical assistance to schoolwide 
programs; 
‘‘(4) provide services to eligible children attend-
ing private elementary and secondary schools in ac-
cordance with section 1120, and timely and meaning-
ful consultation with private school officials or rep-
resentatives regarding such services; 
‘‘(5) in the case of a local educational agency 
that chooses to use funds under this subpart to pro-
vide early childhood development services to low-in-
come children below the age of compulsory school at-
tendance, ensure that such services comply with the 
performance standards established under section 
641A(a) of the Head Start Act; 
‘‘(6) inform eligible schools of the local edu-
cational agency’s authority to request waivers on the 
school’s behalf under title VI; and 
‘‘(7) ensure that the results of the academic as-
sessments required under section 1111(b)(2) will be 
provided to parents and teachers as soon as is prac-
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ticably possible after the test is taken, in an under-
standable and uniform format and, to the extent 
practicable, provided in a language that the parents 
can understand. 
‘‘(d) SPECIAL RULE.—In carrying out subsection 
(c)(5), the Secretary shall— 
‘‘(1) consult with the Secretary of Health and 
Human Services and shall establish procedures (tak-
ing into consideration existing State and local laws, 
and local teacher contracts) to assist local educational 
agencies to comply with such subparagraph; and 
‘‘(2) disseminate to local educational agencies the 
education performance standards in effect under sec-
tion 641A(a) of the Head Start Act, and such agen-
cies affected by such subsection shall plan for the im-
plementation of such subsection (taking into consider-
ation existing State and local laws, and local teacher 
contracts). 
‘‘(e) PLAN DEVELOPMENT AND DURATION.— 
‘‘(1) CONSULTATION.—Each local educational 
agency plan shall be developed in consultation with 
teachers, school leaders, public charter school rep-
resentatives, administrators, and other appropriate 
school personnel, and with parents of children in 
schools served under this subpart. 
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‘‘(2) DURATION.—Each such plan shall be sub-
mitted for the first year for which this part is in ef-
fect following the date of the enactment of this Act 
and shall remain in effect for the duration of the 
agency’s participation under this subpart. 
‘‘(3) REVIEW.—Each local educational agency 
shall periodically review and, as necessary, revise its 
plan. 
‘‘(f) STATE APPROVAL.— 
‘‘(1) IN GENERAL.—Each local educational agen-
cy plan shall be filed according to a schedule estab-
lished 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 sub-
part to substantially help children served under 
this subpart to meet the State’s academic stand-
ards 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 de-
termine if such agency’s activities are in accordance 
with section 1118. 
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‘‘(g) PARENTAL NOTIFICATION.— 
‘‘(1) IN GENERAL.—Each local educational agen-
cy using funds under this subpart and subpart 4 to 
provide a language instruction educational program 
shall, not later than 30 days after the beginning of 
the school year, inform parents of an English learner 
identified for participation, or participating in, such 
a program of— 
‘‘(A) the reasons for the identification of 
their child as an English learner 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 par-
ticipating, 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 edu-
cational strengths and needs of their child; 
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‘‘(E) how such program will specifically 
help their child learn English, and meet age-ap-
propriate academic achievement standards for 
grade promotion and graduation; 
‘‘(F) the specific exit requirements for the 
program, including the expected rate of transi-
tion from such program into classrooms that are 
not tailored for English learners, and the ex-
pected rate of graduation from high school for 
such program if funds under this subpart 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 in-
dividualized education program of the child; and 
‘‘(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 pro-
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gram 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 pro-
vided in paragraph (1) to parents of a child identi-
fied for participation in a language instruction edu-
cational program for English learners 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 English learners 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 subpart 
shall implement an effective means of outreach to par-
ents of English learners to inform the parents regard-
ing how the parents can be involved in the education 
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of their children, and be active participants in assist-
ing their children to attain English proficiency, 
achieve at high levels in core academic subjects, and 
meet the State’s academic standards expected of all 
students, including holding, and sending notice of op-
portunities for, regular meetings for the purpose of 
formulating and responding to recommendations from 
parents of students assisted under this subpart. 
‘‘(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.’’. 
SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS. 
Section 1113 (20 U.S.C. 6313) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
(2) in subsection (c)(4)— 
(A) by striking ‘‘subpart 2’’ and inserting 
‘‘chapter B’’; and 
(B) by striking ‘‘school improvement, cor-
rective action, and restructuring under section 
1116(b)’’ and inserting ‘‘school improvement 
under section 1111(b)(3)(B)(iii)’’. 
SEC. 115. SCHOOLWIDE PROGRAMS. 
Section 1114 (20 U.S.C. 6314) is amended— 
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(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘part’’ and inserting 
‘‘subpart’’; and 
(ii) by striking ‘‘in which’’ through 
‘‘such families’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)(i), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘children with 
limited English proficiency’’ and in-
serting ‘‘English learners’’; and 
(II) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
(C) in paragraph (3)(B), by striking 
‘‘maintenance of effort,’’ after ‘‘private school 
children,’’; and 
(D) by striking paragraph (4); 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘(including’’ and 
all that follows through ‘‘1309(2))’’; 
and 
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(II) by striking ‘‘content stand-
ards and the State student academic 
achievement standards’’ and inserting 
‘‘standards’’; 
(ii) in subparagraph (B)— 
(I) in clause (i), by striking ‘‘pro-
ficient’’ and all that follows through 
‘‘section 1111(b)(1)(D)’’ and inserting 
‘‘academic standards described in sec-
tion 1111(b)(1)’’; 
(II) in clause (ii), in the matter 
preceding subclause (I), by striking 
‘‘based on scientifically based research’’ 
and inserting ‘‘evidence-based’’; 
(III) in clause (iii)— 
(aa) in subclause (I)— 
(AA) by striking ‘‘stu-
dent academic achievement 
standards’’ 
and 
inserting 
‘‘academic standards’’; and 
(BB) 
by 
striking 
‘‘schoolwide program,’’ and 
all 
that 
follows 
through 
‘‘technical 
education 
pro-
grams; and’’ and inserting 
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‘‘schoolwide programs; and’’; 
and 
(bb) in subclause (II), by 
striking ‘‘and’’; 
(IV) in clause (iv)— 
(aa) by striking ‘‘the State 
and local improvement plans’’ 
and inserting ‘‘school improve-
ment strategies’’; and 
(bb) by striking the period 
and inserting ‘‘; and’’; and 
(V) by adding at the end the fol-
lowing new clause: 
‘‘(v) may be delivered by nonprofit or 
for-profit external providers with expertise 
in using evidence-based or other effective 
strategies to improve student achievement.’’; 
(iii) in subparagraph (C), by striking 
‘‘highly qualified’’ and inserting ‘‘effective’’; 
(iv) in subparagraph (D)— 
(I) by striking ‘‘In accordance 
with section 1119 and subsection 
(a)(4), high-quality’’ and inserting 
‘‘High-quality’’; 
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(II) by striking ‘‘pupil services’’ 
and inserting ‘‘specialized instruc-
tional support services’’; and 
(III) by striking ‘‘student aca-
demic 
achievement’’ 
and 
inserting 
‘‘academic’’; 
(v) in subparagraph (E), by striking 
‘‘high-quality highly qualified’’ and insert-
ing ‘‘effective’’; 
(vi) in subparagraph (G), by striking 
‘‘, such as Head Start, Even Start, Early 
Reading First, or a State-run preschool 
program,’’; 
(vii) in subparagraph (H), by striking 
‘‘section 1111(b)(3)’’ and inserting ‘‘section 
1111(b)(2)’’; 
(viii) in subparagraph (I), by striking 
‘‘proficient or advanced levels of academic 
achievement 
standards’’ 
and 
inserting 
‘‘State academic standards’’; and 
(ix) in subparagraph (J), by striking 
‘‘vocational’’ and inserting ‘‘career’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
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(I) in the matter preceding clause 
(i)— 
(aa) by striking ‘‘first de-
velop’’ 
and 
all 
that 
follows 
through ‘‘2001)’’ and inserting 
‘‘have in place’’; and 
(bb) by striking ‘‘and its 
school support team or other tech-
nical assistance provider under 
section 1117’’; 
(II) in clause (ii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(III) in clause (iv), by striking 
‘‘section 1111(b)(3)’’ and inserting 
‘‘section 1111(b)(2)’’; and 
(ii) in subparagraph (B)— 
(I) in clause (i)— 
(aa) in subclause (I), by 
striking ‘‘, after considering the 
recommendation of the technical 
assistance providers under section 
1117,’’; and 
(bb) in subclause (II), by 
striking ‘‘No Child Left Behind 
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Act of 2001’’ and inserting ‘‘Stu-
dent Success Act’’; 
(II) in clause (ii)— 
(aa) by striking ‘‘(including 
administrators of programs de-
scribed in other parts of this 
title)’’; and 
(bb) by striking ‘‘pupil serv-
ices’’ and inserting ‘‘specialized 
instructional support services’’; 
(III) in clause (iii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(IV) in clause (v), by striking 
‘‘Reading First, Early Reading First, 
Even Start,’’; and 
(3) in subsection (c)— 
(A) by striking ‘‘part’’ and inserting ‘‘sub-
part’’; and 
(B) by striking ‘‘6,’’ and all that follows 
through the period at the end and inserting ‘‘6.’’. 
SEC. 116. TARGETED ASSISTANCE SCHOOLS. 
Section 1115 (20 U.S.C. 6315) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘are ineligible for a 
schoolwide program under section 1114, or that’’; 
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(B) by striking ‘‘operate such’’ and insert-
ing ‘‘operate’’; and 
(C) by striking ‘‘part’’ and inserting ‘‘sub-
part’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(B), by striking ‘‘chal-
lenging student academic achievement’’ and in-
serting ‘‘academic’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘limited English 
proficient 
children’’ 
and 
inserting 
‘‘English learners’’; and 
(II) by striking ‘‘part’’ each place 
it appears and inserting ‘‘subpart’’; 
(ii) in subparagraph (B)— 
(I) in the heading, by striking ‘‘, 
EVEN
START, 
OR
EARLY
READING 
FIRST’’; 
(II) by striking ‘‘, Even Start, or 
Early Reading First’’; and 
(III) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
(iii) in subparagraph (C)— 
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(I) by amending the heading to 
read as follows: ‘‘SUBPART
CHIL-
DREN.—’’; 
(II) by striking ‘‘part C’’ and in-
serting ‘‘subpart 3’’; and 
(III) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; and 
(iv) in subparagraphs (D) and (E), by 
striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
(C) in paragraph (3), by striking ‘‘part’’ 
and inserting ‘‘subpart’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘part’’ and insert-
ing ‘‘subpart’’; and 
(II) by striking ‘‘challenging stu-
dent academic achievement’’ and in-
serting ‘‘academic’’; 
(ii) in subparagraph (A)— 
(I) by striking ‘‘part’’ and insert-
ing ‘‘subpart’’; and 
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(II) by striking ‘‘challenging stu-
dent academic achievement’’ and in-
serting ‘‘academic’’; 
(iii) in subparagraph (B), by striking 
‘‘part’’ and inserting ‘‘subpart’’; 
(iv) in subparagraph (C)— 
(I) in the matter preceding clause 
(i), by striking ‘‘based on scientifically 
based research’’ and inserting ‘‘evi-
dence-based’’; and 
(II) in clause (iii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; 
(v) in subparagraph (D), by striking 
‘‘such as Head Start, Even Start, Early 
Reading First or State-run preschool pro-
grams’’; 
(vi) in subparagraph (E), by striking 
‘‘highly qualified’’ and inserting ‘‘effective’’; 
(vii) in subparagraph (F)— 
(I) by striking ‘‘in accordance 
with subsection (e)(3) and section 
1119,’’; 
(II) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; and 
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total allocation received by the local educational 
agency prior to any allowable expenditures au-
thorized under this title. 
‘‘(B) OBLIGATION OF FUNDS.—Funds allo-
cated to a local educational agency for edu-
cational services and other benefits to eligible 
private school children shall— 
‘‘(i) be obligated in the fiscal year for 
which the funds are received by the agency; 
and 
‘‘(ii) with respect to any such funds 
that cannot be so obligated, be used to serve 
such children in the following fiscal year. 
‘‘(C) NOTICE OF ALLOCATION.—Each State 
educational agency shall— 
‘‘(i) determine, in a timely manner, 
the proportion of funds to be allocated to 
each local educational agency in the State 
for educational services and other benefits 
under this subpart to eligible private school 
children; and 
‘‘(ii) provide notice, simultaneously, to 
each such local educational agency and the 
appropriate private school officials or their 
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