325 
‘‘(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 
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—
326 
‘‘(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 
made available under section 3202(c)(1) to eligible entities 
in accordance with this section. 
‘‘(b) USE OF FUNDS.—
327 
‘‘(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; 
‘‘(C) are allowable under State law; and 
‘‘(D) focus on one or more projects from 
the following two 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, engineering, and 
mathematics programs), including civic 
education, adjunct teacher programs, ex-
tended learning time programs, dual en-
rollment programs, and parent engage-
ment, but not including activities to— 
‘‘(I) support smaller class sizes 
or construction; or
328 
‘‘(II) provide compensation or 
benefits to teachers, school leaders, 
other school officials, or local edu-
cational agency staff. 
‘‘(2) PARTICIPATION OF CHILDREN ENROLLED 
IN PRIVATE SCHOOLS.—An eligible entity that re-
ceives an award under this part shall ensure compli-
ance with section 5501 (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-
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,
329 
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. 
‘‘(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.
330 
‘‘(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 award granted to any 
one local educational agency, but such award may be for 
multiple projects or programs with the local educational 
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, business enti-
ty, or nongovernmental entity; 
‘‘(2) a consortium of local educational agencies 
working in partnership with a community-based or-
ganization, business entity, or nongovernmental enti-
ty; 
‘‘(3) a community-based organization in part-
nership with a local educational agency and, if appli-
cable, a business entity or nongovernmental entity; 
or
331 
‘‘(4) a business entity in partnership with a 
local educational agency and, if applicable, a commu-
nity-based organization 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, and business entities for a program 
or project to increase the academic achievement 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. 
‘‘(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.
332 
‘‘(3) A description of how the program or 
project will help increase student academic achieve-
ment, including the evidence 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 
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-
333 
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-
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—
334 
‘‘(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: 
‘‘(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-
335 
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)’’; and 
(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.’’; 
(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 paragraph (2) is formed 
at any time after 1938 by the consolidation of two 
or more former school districts, the local educational
336 
agency may elect to have the Secretary determine its 
eligibility and any amount for which the local edu-
cational agency is eligible under this section for such 
fiscal year on the basis of one or more of those 
former districts, as designated by the local edu-
cational agency. 
‘‘(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—A local educational agency described in this 
paragraph is— 
‘‘(A) any local educational agency that, for 
fiscal year 1994 or any preceding fiscal year, 
applied for, 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 school districts, 
at least one of which was eligible for assistance 
under this section for the fiscal year preceding 
the year of the consolidation, if— 
‘‘(i) for fiscal years 2006 through 
2013, the local educational agency notifies 
the Secretary not later than 30 days after 
the date of enactment of the Student Suc-
337 
cess Act of the designation described in 
paragraph (1); and 
‘‘(ii) for fiscal year 2014, and each 
subsequent fiscal year, the local edu-
cational agency includes the designation in 
its application under section 8005 or any 
timely amendment to such application. 
‘‘(3) 
AVAILABILITY
OF
FUNDS.—Notwith-
standing any other provision of law limiting the pe-
riod during which the Secretary may obligate funds 
appropriated for any fiscal year after fiscal year 
2005, the Secretary may obligate funds remaining 
after final payments have been made for any of such 
fiscal years to carry out this subsection.’’; 
(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 
(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’’;
338 
(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 
who are not residing within the geographic bound-
aries of such agency)’’; and 
(2) in paragraph (5)(A), by striking ‘‘1984’’ 
and all that follows through ‘‘situated’’ and inserting 
‘‘1984, or under lease of off-base property under 
subchapter IV of chapter 169 of title 10, United
339 
States Code, to be children described under para-
graph (1)(B) if the property described is within the 
fenced security perimeter of the military facility or 
attached to and under any type of force protection 
agreement with the military installation upon which 
such housing is situated’’. 
(b) BASIC SUPPORT PAYMENTS FOR HEAVILY IM-
PACTED
LOCAL
EDUCATIONAL
AGENCIES.—Section 
8003(b) (20 U.S.C. 7703(b)) is amended— 
(1) by striking ‘‘section 8014(b)’’ each place it 
appears and inserting ‘‘section 3(d)(2)’’; 
(2) in paragraph (1), by repealing subpara-
graph (E); 
(3) in paragraph (2)— 
(A) in subparagraph (A), by inserting at 
the end the following: 
‘‘(iii) The Secretary shall— 
‘‘(I) deem each local educational agen-
cy that received a basic support payment 
under this paragraph for fiscal year 2009 
as eligible to receive a basic support pay-
ment under this paragraph for fiscal years 
2012 and 2013; and 
‘‘(II) make a payment to each such 
local educational agency under this para-
340 
graph for fiscal years 2012 and 2013.’’; 
and 
(B) in subparagraph (B)— 
(i) by striking ‘‘CONTINUING’’ in the 
heading; 
(ii) by amending clause (i) to read as 
follows: 
‘‘(i) IN
GENERAL.—A heavily im-
pacted local educational agency is eligible 
to receive a basic support payment under 
subparagraph (A) with respect to a num-
ber of children determined under sub-
section (a)(1) if the agency— 
‘‘(I) is a local educational agen-
cy— 
‘‘(aa) whose boundaries are 
the same as a Federal military 
installation or an island property 
designated by the Secretary of 
the Interior to be property that is 
held in trust by the Federal Gov-
ernment; and 
‘‘(bb) that has no taxing au-
thority;
341 
‘‘(II) is a local educational agen-
cy that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) that constitutes a percent-
age of the total student enroll-
ment of the agency that is not 
less than 45 percent; 
‘‘(bb) has a per-pupil ex-
penditure that is less than— 
‘‘(AA) for an agency 
that has a total student en-
rollment of 500 or more stu-
dents, 125 percent of the av-
erage per-pupil expenditure 
of the State in which the 
agency is located; or 
‘‘(BB) for any agency 
that has a total student en-
rollment less than 500, 150 
percent of the average per- 
pupil expenditure of the 
State in which the agency is 
located or the average per- 
pupil expenditure of 3 or
342 
more comparable local edu-
cational 
agencies 
in 
the 
State in which the agency is 
located; and 
‘‘(cc) is an agency that— 
‘‘(AA) has a tax rate 
for general fund purposes 
that is not less than 95 per-
cent of the average tax rate 
for general fund purposes of 
comparable local educational 
agencies in the State; or 
‘‘(BB) was eligible to 
receive a payment under this 
subsection for fiscal year 
2013 and is located in a 
State that by State law has 
eliminated ad valorem tax as 
a revenue for local edu-
cational agencies; 
‘‘(III) is a local educational agen-
cy that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) that constitutes a percent-
343 
age of the total student enroll-
ment of the agency that is not 
less than 20 percent; 
‘‘(bb) for the 3 fiscal years 
preceding the fiscal year for 
which the determination is made, 
the average enrollment of chil-
dren who are not described in 
subsection (a)(1) and who are eli-
gible for a free or reduced price 
lunch under the Richard B. Rus-
sell National School Lunch Act 
constitutes a percentage of the 
total student enrollment of the 
agency that is not less than 65 
percent; and 
‘‘(cc) has a tax rate for gen-
eral fund purposes which is not 
less than 125 percent of the aver-
age tax rate for general fund 
purposes for comparable local 
educational agencies in the State; 
‘‘(IV) is a local educational agen-
cy that has a total student enrollment
344 
of not less than 25,000 students, of 
which— 
‘‘(aa) not less than 50 per-
cent are children described in 
subsection (a)(1); and 
‘‘(bb) not less than 5,500 of 
such children are children de-
scribed in subparagraphs (A) and 
(B) of subsection (a)(1); or 
‘‘(V) is a local educational agency 
that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) including, for purposes of 
determining eligibility, those chil-
dren described in subparagraphs 
(F) and (G) of such subsection, 
that is not less than 35 percent 
of the total student enrollment of 
the agency; and 
‘‘(bb) was eligible to receive 
assistance under subparagraph 
(A) for fiscal year 2001.’’; and 
(iii) in clause (ii)—
345 
(I) by striking ‘‘A heavily’’ and 
inserting the following: 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), a heavily’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(II) LOSS OF ELIGIBILITY DUE 
TO FALLING BELOW 95 PERCENT OF 
THE AVERAGE TAX RATE FOR GEN-
ERAL FUND PURPOSES.—In a case of 
a heavily impacted local educational 
agency that is eligible to receive a 
basic support payment under subpara-
graph (A), but that has had, for 2 
consecutive fiscal years, a tax rate for 
general fund purposes that falls below 
95 percent of the average tax rate for 
general fund purposes of comparable 
local educational agencies in the 
State, such agency shall be deter-
mined to be ineligible under clause (i) 
and ineligible to receive a basic sup-
port payment under subparagraph (A) 
for each fiscal year succeeding such 2 
consecutive fiscal years for which the
346 
agency has such a tax rate for general 
fund purposes, and until the fiscal 
year for which the agency resumes 
such eligibility in accordance with 
clause (iii).’’; 
(C) by striking subparagraph (C); 
(D) by redesignating subparagraphs (D) 
through (H) as subparagraphs (C) through (G), 
respectively; 
(E) in subparagraph (C) (as so redesig-
nated)— 
(i) in the heading, by striking ‘‘REG-
ULAR’’; 
(ii) by striking ‘‘Except as provided in 
subparagraph (E)’’ and inserting ‘‘Except 
as provided in subparagraph (D)’’; 
(iii) by amending subclause (I) of 
clause (ii) to read as follows: ‘‘(I)(aa) For 
a local educational agency with respect to 
which 35 percent or more of the total stu-
dent enrollment of the schools of the agen-
cy are children described in subparagraph 
(D) or (E) (or a combination thereof) of 
subsection (a)(1), and that has an enroll-
ment of children described in subpara-
347 
graph (A), (B), or (C) of such subsection 
equal to at least 10 percent of the agency’s 
total enrollment, the Secretary shall cal-
culate the weighted student units of those 
children described in subparagraph (D) or 
(E) of such subsection by multiplying the 
number of such children by a factor of 
0.55. 
‘‘(bb) Notwithstanding subitem (aa), a 
local educational agency that received a 
payment under this paragraph for fiscal 
year 2013 shall not be required to have an 
enrollment of children described in sub-
paragraph (A), (B), or (C) of subsection 
(a)(1) equal to at least 10 percent of the 
agency’s total enrollment.’’; and 
(iv) by amending subclause (III) of 
clause (ii) by striking ‘‘(B)(i)(II)(aa)’’ and 
inserting ‘‘subparagraph (B)(i)(I)’’; 
(F) in subparagraph (D)(i)(II) (as so re-
designated), by striking ‘‘6,000’’ and inserting 
‘‘5,500’’; 
(G) in subparagraph (E) (as so redesig-
nated)—
348 
(i) by striking ‘‘Secretary’’ and all 
that follows through ‘‘shall use’’ and in-
serting ‘‘Secretary shall use’’; 
(ii) by striking ‘‘; and’’ and inserting 
a period; and 
(iii) by striking clause (ii); 
(H) in subparagraphs (F) (as so redesig-
nated), 
by 
striking 
‘‘subparagraph 
(C)(i)(II)(bb)’’ and inserting ‘‘subparagraph 
(B)(i)(II)(bb)(BB)’’; 
(I) in subparagraph (G) (as so redesig-
nated)— 
(i) in clause (i)— 
(I) by striking ‘‘subparagraph 
(B), (C), (D), or (E)’’ and inserting 
‘‘subparagraph (B), (C), or (D)’’; 
(II) by striking ‘‘by reason of’’ 
and inserting ‘‘due to’’; 
(III) by inserting after ‘‘clause 
(iii)’’ the following ‘‘, or as the direct 
result of base realignment and closure 
or modularization as determined by 
the Secretary of Defense and force 
structure change or force relocation’’; 
and
349 
(IV) by inserting before the pe-
riod, the following: ‘‘or during such 
time as activities associated with base 
closure 
and 
realignment, 
modularization, 
force 
structure 
change, or force relocation are ongo-
ing’’; and 
(ii) in clause (ii), by striking ‘‘(D) or 
(E)’’ each place it appears and inserting 
‘‘(C) or (D)’’; 
(4) in paragraph (3)— 
(A) in subparagraph (B)— 
(i) by amending clause (iii) to read as 
follows: 
‘‘(iii) In the case of a local educational 
agency providing a free public education to stu-
dents enrolled in kindergarten through grade 
12, but which enrolls students described in sub-
paragraphs (A), (B), and (D) of subsection 
(a)(1) only in grades 9 through 12, and which 
received a final payment in fiscal year 2009 cal-
culated under this paragraph (as this para-
graph was in effect on the day before the date 
of enactment of the Student Success Act) for 
students in grades 9 through 12, the Secretary
350 
shall, in calculating the agency’s payment, con-
sider only that portion of such agency’s total 
enrollment of students in grades 9 through 12 
when calculating the percentage under clause 
(i)(I) and only that portion of the total current 
expenditures attributed to the operation of 
grades 9 through 12 in such agency when cal-
culating the percentage under clause (i)(II).’’; 
and 
(ii) by adding at the end the fol-
lowing: 
‘‘(v) In the case of a local educational 
agency that is providing a program of distance 
education to children not residing within the ge-
ographic boundaries of the agency, the Sec-
retary shall— 
‘‘(I) for purposes of the calculation 
under clause (i)(I), disregard such children 
from the total number of children in aver-
age daily attendance at the schools served 
by such agency; and 
‘‘(II) for purposes of the calculation 
under clause (i)(II), disregard any funds 
received for such children from the total 
current expenditures for such agency.’’;
351 
(B) in subparagraph (C), by striking ‘‘sub-
paragraph (D) or (E) of paragraph (2), as the 
case may be’’ and inserting ‘‘paragraph 
(2)(D)’’; and 
(C) by amending subparagraph (D) to read 
as follows: 
‘‘(D) RATABLE
DISTRIBUTION.—For any 
fiscal year described in subparagraph (A) for 
which the sums available exceed the amount re-
quired to pay each local educational agency 100 
percent of its threshold payment, the Secretary 
shall distribute the excess sums to each eligible 
local educational agency that has not received 
its full amount computed under paragraph (1) 
or (2) (as the case may be) by multiplying— 
‘‘(i) a percentage, the denominator of 
which is the difference between the full 
amount computed under paragraph (1) or 
(2) (as the case may be) for all local edu-
cational agencies and the amount of the 
threshold payment (as calculated under 
subparagraphs (B) and (C)) of all local 
educational agencies, and the numerator of 
which is the aggregate of the excess sums, 
by
352 
‘‘(ii) the difference between the full 
amount computed under paragraph (1) or 
(2) (as the case may be) for the agency 
and the amount of the threshold payment 
as calculated under subparagraphs (B) and 
(C) of the agency.’’; and 
(D) by inserting at the end the following 
new subparagraphs: 
‘‘(E) INSUFFICIENT PAYMENTS.—For each 
fiscal year described in subparagraph (A) for 
which the sums appropriated under section 
3(d)(2) are insufficient to pay each local edu-
cational agency all of the local educational 
agency’s threshold payment described in sub-
paragraph (D), the Secretary shall ratably re-
duce the payment to each local educational 
agency under this paragraph. 
‘‘(F) INCREASES.—If the sums appro-
priated under section 3(d)(2) are sufficient to 
increase the threshold payment above the 100 
percent threshold payment described in sub-
paragraph (D), then the Secretary shall in-
crease payments on the same basis as such pay-
ments were reduced, except no local educational 
agency may receive a payment amount greater
353 
than 100 percent of the maximum payment cal-
culated under this subsection.’’; and 
(5) in paragraph (4)— 
(A) in subparagraph (A), by striking 
‘‘through (D)’’ and inserting ‘‘and (C)’’; and 
(B) in subparagraph (B), by striking ‘‘sub-
paragraph (D) or (E)’’ and inserting ‘‘subpara-
graph (C) or (D)’’. 
(c) PRIOR YEAR DATA.—Paragraph (2) of section 
8003(c) (20 U.S.C. 7703(c)) is amended to read as fol-
lows: 
‘‘(2) EXCEPTION.—Calculation of payments for 
a local educational agency shall be based on data 
from the fiscal year for which the agency is making 
an application for payment if such agency— 
‘‘(A) is newly established by a State, for 
the first year of operation of such agency only; 
‘‘(B) was eligible to receive a payment 
under this section for the previous fiscal year 
and has had an overall increase in enrollment 
(as determined by the Secretary in consultation 
with the Secretary of Defense, the Secretary of 
Interior, or the heads of other Federal agen-
cies)—
354 
‘‘(i) of not less than 10 percent, or 
100 students, of children described in— 
‘‘(I) subparagraph (A), (B), (C), 
or (D) of subsection (a)(1); or 
‘‘(II) subparagraphs (F) and (G) 
of subsection (a)(1), but only to the 
extent such children are civilian de-
pendents of employees of the Depart-
ment of Defense or the Department of 
Interior; and 
‘‘(ii) that is the direct result of closure 
or realignment of military installations 
under the base closure process or the relo-
cation of members of the Armed Forces 
and civilian employees of the Department 
of Defense as part of the force structure 
changes or movements of units or per-
sonnel between military installations or be-
cause of actions initiated by the Secretary 
of the Interior or the head of another Fed-
eral agency; or 
‘‘(C) was eligible to receive a payment 
under this section for the previous fiscal year 
and has had an increase in enrollment (as de-
termined by the Secretary)—
355 
‘‘(i) of not less than 10 percent of 
children described in subsection (a)(1) or 
not less than 100 of such children; and 
‘‘(ii) that is the direct result of the 
closure of a local educational agency that 
received a payment under subsection (b)(1) 
or (b)(2) in the previous fiscal year.’’. 
(d) 
CHILDREN
WITH
DISABILITIES.—Section 
8003(d)(1) (20 U.S.C. 7703(d)) is amended by striking 
‘‘section 8014(c)’’ and inserting ‘‘section 3(d)(3)’’. 
(e) HOLD-HARMLESS.—Section 8003(e) (20 U.S.C. 
7703(e)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the total amount the Secretary shall pay a local edu-
cational agency under subsection (b)— 
‘‘(A) for fiscal year 2014, shall not be less 
than 90 percent of the total amount that the 
local educational agency received under sub-
section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 
year 2013; 
‘‘(B) for fiscal year 2015, shall not be less 
than 85 percent of the total amount that the 
local educational agency received under sub-
356 
section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 
year 2013; and 
‘‘(C) for fiscal year 2016, shall not be less 
than 80 percent of the total amount that the 
local educational agency received under sub-
section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 
year 2013.’’; and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) MAXIMUM
AMOUNT.—The total amount 
provided to a local educational agency under sub-
paragraph (A), (B), or (C) of paragraph (1) for a 
fiscal year shall not exceed the maximum basic sup-
port payment amount for such agency determined 
under paragraph (1) or (2) of subsection (b), as the 
case may be, for such fiscal year.’’. 
(f) MAINTENANCE OF EFFORT.—Section 8003 (20 
U.S.C. 7703) is amended by striking subsection (g). 
SEC. 404. POLICIES AND PROCEDURES RELATING TO CHIL-
DREN RESIDING ON INDIAN LANDS. 
Section 8004(e)(9) is amended by striking ‘‘Bureau 
of Indian Affairs’’ and inserting ‘‘Bureau of Indian Edu-
cation’’.
357 
SEC. 405. APPLICATION FOR PAYMENTS UNDER SECTIONS 
8002 AND 8003. 
Section 8005(b) (20 U.S.C. 7705(b)) is amended in 
the matter preceding paragraph (1) by striking ‘‘and shall 
contain such information,’’. 
SEC. 406. CONSTRUCTION. 
Section 8007 (20 U.S.C. 7707) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘section 
8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 
(B) in paragraph (2), by adding at the end 
the following: 
‘‘(C) The agency is eligible under section 
4003(b)(2) or is receiving basic support pay-
ments under circumstances described in section 
4003(b)(2)(B)(ii).’’; and 
(C) in paragraph (3), by striking ‘‘section 
8014(e)’’ each place it appears and inserting 
‘‘section 3(d)(4)’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘section 
8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 
(B) in paragraph (3)— 
(i) in subparagraph (C)(i)(I), by add-
ing at the end the following:
358 
‘‘(cc) At least 10 percent of the 
property in the agency is exempt from 
State and local taxation under Fed-
eral law.’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(F) LIMITATIONS
ON
ELIGIBILITY
RE-
QUIREMENTS.—The Secretary shall not limit 
eligibility— 
‘‘(i) under subparagraph (C)(i)(I)(aa), 
to those local educational agencies in which 
the number of children determined under 
section 8003(a)(1)(C) for each such agency 
for the preceding school year constituted 
more than 40 percent of the total student 
enrollment in the schools of each such 
agency during the preceding school year; 
and 
‘‘(ii) under subparagraph (C)(i)(I)(cc), 
to those local educational agencies in which 
more than 10 percent of the property in 
each such agency is exempt from State and 
local taxation under Federal law.’’; 
(C) in paragraph (6)—
359 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘in such manner, 
and accompanied by such information’’ 
and inserting ‘‘and in such manner’’; and 
(ii) by striking subparagraph (F); and 
(D) by striking paragraph (7). 
SEC. 407. FACILITIES. 
Section 8008 (20 U.S.C. 7708) is amended in sub-
section (a), by striking ‘‘section 8014(f)’’ and inserting 
‘‘section 3(d)(5)’’. 
SEC. 408. STATE CONSIDERATION OF PAYMENTS PRO-
VIDING STATE AID. 
Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is 
amended by striking ‘‘and contain the information’’. 
SEC. 409. FEDERAL ADMINISTRATION. 
Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amend-
ed, by striking ‘‘section 8014’’ and inserting ‘‘section 
3(d)’’. 
SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL RE-
VIEW. 
Section 8011(a) (20 U.S.C. 7711(a)) is amended by 
striking ‘‘or under the Act’’ and all the follows through 
‘‘1994)’’. 
SEC. 411. DEFINITIONS. 
Section 8013 (20 U.S.C. 7713) is amended—
360 
(1) in paragraph (1), by striking ‘‘and Marine 
Corps’’ and inserting ‘‘Marine Corps, and Coast 
Guard’’; 
(2) in paragraph (4), by striking ‘‘and title VI’’; 
(3) in paragraph (5)(A)(iii)— 
(A) in subclause (II), by striking ‘‘Stewart 
B. McKinney Homeless Assistance Act’’ and in-
serting ‘‘McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11411)’’; and 
(B) in subclause (III), by inserting before 
the semicolon, ‘‘(25 U.S.C. 4101 et seq.)’’; 
(4) in paragraph (8)(A), by striking ‘‘and 
verified by’’ and inserting ‘‘, and verified by,’’; and 
(5) in paragraph (9)(B), by inserting a comma 
before ‘‘on a case-by-case basis’’. 
SEC. 412. AUTHORIZATION OF APPROPRIATIONS. 
Section 8014 (20 U.S.C. 7801) is repealed. 
SEC. 413. CONFORMING AMENDMENTS. 
(a) IMPACT AID IMPROVEMENT ACT OF 2012.—Sub-
section (c) of the Impact Aid Improvement Act of 2012 
(20 U.S.C. 6301 note; Public Law 112–239; 126 Stat 
1748) is amended— 
(1) by striking paragraphs (1) and (4); and 
(2) by redesignating paragraphs (2) and (3), as 
paragraphs (1) and (2), respectively.
361 
(b) REPEAL.—Title IV (20 U.S.C. 7101 et seq.), as 
amended by section 501(b)(2) of this Act, is repealed. 
(c) TRANSFER AND REDESIGNATION.—Title VIII (20 
U.S.C. 7701 et seq.), as amended by this title, is redesig-
nated as title IV (20 U.S.C. 7101 et seq.), and transferred 
and inserted after title III (as amended by this Act). 
(d) TITLE VIII REFERENCES.—The Act (20 U.S.C. 
6301 et seq.) is amended— 
(1) by redesignating sections 8001 through 
8005 as sections 4001 through 4005, respectively; 
(2) by redesignating sections 8007 through 
8013 as sections 4007 through 4013, respectively; 
(3) by striking ‘‘section 8002’’ each place it ap-
pears and inserting ‘‘section 4002’’; 
(4) by striking ‘‘section 8002(b)’’ each place it 
appears and inserting ‘‘section 4002(b)’’; 
(5) by striking ‘‘section 8003’’ each place it ap-
pears and inserting ‘‘section 4003’’, respectively; 
(6) by striking ‘‘section 8003(a)’’ each place it 
appears and inserting ‘‘section 4003(a)’’; 
(7) by striking ‘‘section 8003(a)(1)’’ each place 
it appears and inserting ‘‘section 4003(a)(1)’’; 
(8) by striking ‘‘section 8003(a)(1)(C)’’ each 
place 
it 
appears 
and 
inserting 
‘‘section 
4003(a)(1)(C)’’;
362 
(9) by striking ‘‘section 8002(a)(2)’’ each place 
it appears and inserting ‘‘section 4002(a)(2)’’; 
(10) by striking ‘‘section 8003(b)’’ each place it 
appears and inserting ‘‘section 4003(b)’’; 
(11) by striking ‘‘section 8003(b)(1)’’ each 
place it appears and inserting ‘‘section 4003(b)(1)’’; 
(12) in section 4002(b)(1)(C) (as so redesig-
nated), by striking ‘‘section 8003(b)(1)(C)’’ and in-
serting ‘‘section 4003(b)(1)(C)’’; 
(13) in section 4002(k)(1) (as so redesignated), 
by striking ‘‘section 8013(5)(C)(iii)’’ and inserting 
‘‘section 4013(5)(C)(iii)’’; 
(14) in section 4005 (as so redesignated)— 
(A) in the section heading, by striking 
‘‘8002
AND
8003’’ and inserting ‘‘4002
AND 
4003’’; 
(B) by striking ‘‘or 8003’’ each place it ap-
pears and inserting ‘‘or 4003’’; 
(C) in subsection (b)(2), by striking ‘‘sec-
tion 8004’’ and inserting ‘‘section 4004’’; and 
(D) in subsection (d)(2), by striking ‘‘sec-
tion 8003(e)’’ and inserting ‘‘section 4003(e)’’; 
(15) in section 4007(a)(3)(A)(i)(II) (as so re-
designated), by striking ‘‘section 8008(a)’’ and in-
serting ‘‘section 4008(a)’’;
363 
(16) in section 4007(a)(4) (as so redesignated), 
by striking ‘‘section 8013(3)’’ and inserting ‘‘section 
4013(3)’’; and 
(17) in section 4009 (as so redesignated)— 
(A) in subsection (b)(1)— 
(i) by striking ‘‘or 8003(b)’’ and in-
serting ‘‘or 4003(b)’’; 
(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)’’; 
(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—GENERAL PROVISIONS 
FOR THE ACT 
SEC. 501. GENERAL PROVISIONS FOR THE ACT. 
(a) AMENDING TITLE V.—Title V (20 U.S.C. 7201 
et seq.) is amended to read as follows:
364 
‘‘TITLE V—GENERAL 
PROVISIONS 
‘‘PART A—DEFINITIONS 
‘‘SEC. 5101. DEFINITIONS. 
‘‘Except as otherwise provided, in this Act: 
‘‘(1) AVERAGE DAILY ATTENDANCE.— 
‘‘(A) IN
GENERAL.—Except as provided 
otherwise by State law or this paragraph, the 
term ‘average daily attendance’ means— 
‘‘(i) the aggregate number of days of 
attendance of all students during a school 
year; divided by 
‘‘(ii) the number of days school is in 
session during that year. 
‘‘(B) CONVERSION.—The Secretary shall 
permit the conversion of average daily member-
ship (or other similar data) to average daily at-
tendance for local educational agencies in 
States that provide State aid to local edu-
cational agencies on the basis of average daily 
membership (or other similar data). 
‘‘(C) SPECIAL
RULE.—If the local edu-
cational agency in which a child resides makes 
a tuition or other payment for the free public 
education of the child in a school located in an-
365 
other school district, the Secretary shall, for the 
purpose of this Act— 
‘‘(i) consider the child to be in attend-
ance at a school of the agency making the 
payment; and 
‘‘(ii) not consider the child to be in at-
tendance at a school of the agency receiv-
ing the payment. 
‘‘(D) CHILDREN WITH DISABILITIES.—If a 
local educational agency makes a tuition pay-
ment to a private school or to a public school 
of another local educational agency for a child 
with a disability, as defined in section 602 of 
the Individuals with Disabilities Education Act, 
the Secretary shall, for the purpose of this Act, 
consider the child to be in attendance at a 
school of the agency making the payment. 
‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The 
term ‘average per-pupil expenditure’ means, in the 
case of a State or of the United States— 
‘‘(A) without regard to the source of 
funds— 
‘‘(i) the aggregate current expendi-
tures, during the third fiscal year pre-
ceding the fiscal year for which the deter-
366 
mination is made (or, if satisfactory data 
for that year are not available, during the 
most recent preceding fiscal year for which 
satisfactory data are available) of all local 
educational agencies in the State or, in the 
case of the United States, for all States 
(which, for the purpose of this paragraph, 
means the 50 States and the District of 
Columbia); plus 
‘‘(ii) any direct current expenditures 
by the State for the operation of those 
agencies; divided by 
‘‘(B) the aggregate number of children in 
average daily attendance to whom those agen-
cies provided free public education during that 
preceding year. 
‘‘(3) CHARTER
SCHOOL.—The term ‘charter 
school’ means a public school that— 
‘‘(A) in accordance with a specific State 
statute authorizing the granting of charters to 
schools, is exempt from significant State or 
local rules that inhibit the flexible operation 
and management of public schools, but not 
from any rules relating to the other require-
ments of this paragraph;
367 
‘‘(B) is created by a developer as a public 
school, or is adapted by a developer from an ex-
isting public school, and is operated under pub-
lic supervision and direction; 
‘‘(C) operates in pursuit of a specific set of 
educational 
objectives 
determined 
by 
the 
school’s developer and agreed to by the author-
ized public chartering agency; 
‘‘(D) provides a program of elementary or 
secondary education, or both; 
‘‘(E) is nonsectarian in its programs, ad-
missions policies, employment practices, and all 
other operations, and is not affiliated with a 
sectarian school or religious institution; 
‘‘(F) does not charge tuition; 
‘‘(G) complies with the Age Discrimination 
Act of 1975, title VI of the Civil Rights Act of 
1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 
1973, and part B of the Individuals with Dis-
abilities Education Act; 
‘‘(H) is a school to which parents choose to 
send their children, and that admits students 
on the basis of a lottery, if more students apply 
for admission than can be accommodated;
368 
‘‘(I) agrees to comply with the same Fed-
eral and State audit requirements as do other 
elementary schools and secondary schools in the 
State, unless such requirements are specifically 
waived for the purpose of this program; 
‘‘(J) meets all applicable Federal, State, 
and local health and safety requirements; 
‘‘(K) operates in accordance with State 
law; 
‘‘(L) has a written performance contract 
with the authorized public chartering agency in 
the State that includes a description of how 
student performance will be measured in char-
ter schools pursuant to State assessments that 
are required of other schools and pursuant to 
any other assessments mutually agreeable to 
the authorized public chartering agency and the 
charter school; and 
‘‘(M) may serve prekindergarten or post 
secondary students. 
‘‘(4) CHILD.—The term ‘child’ means any per-
son within the age limits for which the State pro-
vides free public education. 
‘‘(5) CHILD
WITH
A
DISABILITY.—The term 
‘child with a disability’ has the same meaning given
369 
that term in section 602 of the Individuals with Dis-
abilities Education Act. 
‘‘(6) COMMUNITY-BASED ORGANIZATION.—The 
term ‘community-based organization’ means a public 
or private nonprofit organization of demonstrated ef-
fectiveness that— 
‘‘(A) is representative of a community or 
significant segments of a community; and 
‘‘(B) provides educational or related serv-
ices to individuals in the community. 
‘‘(7) CONSOLIDATED
LOCAL
APPLICATION.— 
The term ‘consolidated local application’ means an 
application submitted by a local educational agency 
pursuant to section 5305. 
‘‘(8) CONSOLIDATED LOCAL PLAN.—The term 
‘consolidated local plan’ means a plan submitted by 
a local educational agency pursuant to section 5305. 
‘‘(9) CONSOLIDATED
STATE
APPLICATION.— 
The term ‘consolidated State application’ means an 
application submitted by a State educational agency 
pursuant to section 5302. 
‘‘(10) CONSOLIDATED STATE PLAN.—The term 
‘consolidated State plan’ means a plan submitted by 
a State educational agency pursuant to section 
5302.
370 
‘‘(11) CORE ACADEMIC SUBJECTS.—The term 
‘core academic subjects’ means English, reading or 
language arts, mathematics, science, foreign lan-
guages, civics and government, economics, arts, his-
tory, and geography. 
‘‘(12) COUNTY.—The term ‘county’ means one 
of the divisions of a State used by the Secretary of 
Commerce in compiling and reporting data regard-
ing counties. 
‘‘(13) COVERED PROGRAM.—The term ‘covered 
program’ means each of the programs authorized 
by— 
‘‘(A) part A of title I; 
‘‘(B) title II; and 
‘‘(C) title III. 
‘‘(14) CURRENT
EXPENDITURES.—The term 
‘current expenditures’ means expenditures for free 
public education— 
‘‘(A) including expenditures for adminis-
tration, instruction, attendance and health serv-
ices, pupil transportation services, operation 
and maintenance of plant, fixed charges, and 
net expenditures to cover deficits for food serv-
ices and student body activities; but
371 
‘‘(B) not including expenditures for com-
munity services, capital outlay, and debt serv-
ice, or any expenditures made from funds re-
ceived under title I. 
‘‘(15) DEPARTMENT.—The term ‘Department’ 
means the Department of Education. 
‘‘(16) DIRECT STUDENT SERVICES.—The term 
‘direct student services’ means public school choice 
or high-quality academic tutoring that are designed 
to help increase academic achievement for students. 
‘‘(17) DISTANCE EDUCATION.—The term ‘dis-
tance education’ means the use of one or more tech-
nologies to deliver instruction to students who are 
separated from the instructor and to support regular 
and substantive interaction between the students 
and 
the 
instructor 
synchronously 
or 
nonsyn-
chronously. 
‘‘(18) EDUCATIONAL
SERVICE
AGENCY.—The 
term ‘educational service agency’ means a regional 
public multiservice agency authorized by State stat-
ute to develop, manage, and provide services or pro-
grams to local educational agencies. 
‘‘(19) ELEMENTARY SCHOOL.—The term ‘ele-
mentary school’ means a nonprofit institutional day 
or residential school, including a public elementary
372 
charter school, that provides elementary education, 
as determined under State law. 
‘‘(20) ENGLISH LEARNER.—The term ‘English 
learner’, when used with respect to an individual, 
means an individual— 
‘‘(A) who is aged 3 through 21; 
‘‘(B) who is enrolled or preparing to enroll 
in an elementary school or secondary school; 
‘‘(C)(i) who was not born in the United 
States or whose native language is a language 
other than English; 
‘‘(ii)(I) who is a Native American or Alas-
ka Native, or a native resident of the outlying 
areas; and 
‘‘(II) who comes from an environment 
where a language other than English has had 
a significant impact on the individual’s level of 
English language proficiency; or 
‘‘(iii) who is migratory, whose native lan-
guage is a language other than English, and 
who comes from an environment where a lan-
guage other than English is dominant; and 
‘‘(D) whose difficulties in speaking, read-
ing, writing, or understanding the English lan-
373 
guage may be sufficient to deny the indi-
vidual— 
‘‘(i) the ability to meet the State’s 
academic standards described in section 
1111; 
‘‘(ii) the ability to successfully achieve 
in classrooms where the language of in-
struction is English; or 
‘‘(iii) the opportunity to participate 
fully in society. 
‘‘(21) EXTENDED-YEAR
ADJUSTED
COHORT 
GRADUATION RATE.— 
‘‘(A) IN GENERAL.—The term ‘extended- 
year adjusted cohort graduation rate’ means the 
ratio where— 
‘‘(i) the denominator consists of the 
number of students who form the original 
cohort of entering first-time 9th grade stu-
dents enrolled in the high school no later 
than the effective date for student mem-
bership data submitted annually by State 
educational agencies to the National Cen-
ter for Education Statistics under section 
153 of the Education Sciences Reform Act, 
adjusted by—
374 
‘‘(I) adding the students who 
joined that cohort, after the time of 
the determination of the original co-
hort; and 
‘‘(II) subtracting only those stu-
dents who left that cohort, after the 
time of the determination of the origi-
nal cohort, as described in subpara-
graph (B); and 
‘‘(ii) the numerator consists of the 
number of students in the cohort, as ad-
justed under clause (i), who earned a reg-
ular high school diploma before, during, or 
at the conclusion of— 
‘‘(I) one or more additional years 
beyond the fourth year of high school; 
or 
‘‘(II) a summer session imme-
diately following the additional year of 
high school. 
‘‘(B) COHORT
REMOVAL.—To remove a 
student from a cohort, a school or local edu-
cational agency shall require documentation to 
confirm that the student has transferred out,
375 
emigrated to another country, transferred to a 
prison or juvenile facility, or is deceased. 
‘‘(C) TRANSFERRED OUT.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph, the term ‘transferred out’ 
means a student who the high school or 
local educational agency has confirmed, ac-
cording to clause (ii), has transferred— 
‘‘(I) to another school from which 
the student is expected to receive a 
regular high school diploma; or 
‘‘(II) to another educational pro-
gram from which the student is ex-
pected to receive a regular high school 
diploma. 
‘‘(ii) 
CONFIRMATION
REQUIRE-
MENTS.— 
‘‘(I) 
DOCUMENTATION
RE-
QUIRED.—The confirmation of a stu-
dent’s transfer to another school or 
educational 
program 
described 
in 
clause 
(i) 
requires 
documentation 
from the receiving school or program 
that the student enrolled in the receiv-
ing school or program.
376 
‘‘(II) LACK OF CONFIRMATION.— 
A student who was enrolled, but for 
whom there is no confirmation of the 
student having transferred out, shall 
remain in the denominator of the ex-
tended-year adjusted cohort. 
‘‘(iii) 
PROGRAMS
NOT
PROVIDING 
CREDIT.—A student who is retained in 
grade or who is enrolled in a GED or other 
alternative educational program that does 
not issue or provide credit toward the 
issuance of a regular high school diploma 
shall not be considered transferred out and 
shall remain in the extended-year adjusted 
cohort. 
‘‘(D) SPECIAL
RULE.—For those high 
schools that start after grade 9, the original co-
hort shall be calculated for the earliest high 
school grade students attend no later than the 
effective date for student membership data sub-
mitted annually by State educational agencies 
to the National Center for Education Statistics 
pursuant to section 153 of the Education 
Sciences Reform Act.
377 
‘‘(22) FAMILY LITERACY SERVICES.—The term 
‘family literacy services’ means services provided to 
participants on a voluntary basis that are of suffi-
cient intensity in terms of hours, and of sufficient 
duration, to make sustainable changes in a family, 
and that integrate all of the following activities: 
‘‘(A) Interactive literacy activities between 
parents and their children. 
‘‘(B) Training for parents regarding how 
to be the primary teacher for their children and 
full partners in the education of their children. 
‘‘(C) Parent literacy training that leads to 
economic self-sufficiency. 
‘‘(D) An age-appropriate education to pre-
pare children for success in school and life ex-
periences. 
‘‘(23) FOUR-YEAR ADJUSTED COHORT GRADUA-
TION RATE.— 
‘‘(A) IN GENERAL.—The term ‘four-year 
adjusted cohort graduation rate’ means the 
ratio where— 
‘‘(i) the denominator consists of the 
number of students who form the original 
cohort of entering first-time 9th grade stu-
dents enrolled in the high school no later
378 
than the effective date for student mem-
bership data submitted annually by State 
educational agencies to the National Cen-
ter for Education Statistics pursuant to 
section 153 of the Education Sciences Re-
form Act, adjusted by— 
‘‘(I) adding the students who 
joined that cohort, after the time of 
the determination of the original co-
hort; and 
‘‘(II) subtracting only those stu-
dents who left that cohort, after the 
time of the determination of the origi-
nal cohort, as described in subpara-
graph (B); and 
‘‘(ii) the numerator consists of the 
number of students in the cohort, as ad-
justed under clause (i), who earned a reg-
ular high school diploma before, during, or 
at the conclusion of— 
‘‘(I) the fourth year of high 
school; or 
‘‘(II) a summer session imme-
diately following the fourth year of 
high school.
379 
‘‘(B) COHORT
REMOVAL.—To remove a 
student from a cohort, a school or local edu-
cational agency shall require documentation to 
confirm that the student has transferred out, 
emigrated to another country, transferred to a 
prison or juvenile facility, or is deceased. 
‘‘(C) TRANSFERRED OUT.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph, the term ‘transferred out’ 
means a student who the high school or 
local educational agency has confirmed, ac-
cording to clause (ii), has transferred— 
‘‘(I) to another school from which 
the student is expected to receive a 
regular high school diploma; or 
‘‘(II) to another educational pro-
gram from which the student is ex-
pected to receive a regular high school 
diploma. 
‘‘(ii) 
CONFIRMATION
REQUIRE-
MENTS.— 
‘‘(I) 
DOCUMENTATION
RE-
QUIRED.—The confirmation of a stu-
dent’s transfer to another school or 
educational 
program 
described 
in
380 
clause 
(i) 
requires 
documentation 
from the receiving school or program 
that the student enrolled in the receiv-
ing school or program. 
‘‘(II) LACK OF CONFIRMATION.— 
A student who was enrolled, but for 
whom there is no confirmation of the 
student having transferred out, shall 
remain in the adjusted cohort. 
‘‘(iii) 
PROGRAMS
NOT
PROVIDING 
CREDIT.—A student who is retained in 
grade or who is enrolled in a GED or other 
alternative educational program that does 
not issue or provide credit toward the 
issuance of a regular high school diploma 
shall not be considered transferred out and 
shall remain in the adjusted cohort. 
‘‘(D) SPECIAL
RULE.—For those high 
schools that start after grade 9, the original co-
hort shall be calculated for the earliest high 
school grade students attend no later than the 
effective date for student membership data sub-
mitted annually by State educational agencies 
to the National Center for Education Statistics
381 
pursuant to section 153 of the Education 
Sciences Reform Act. 
‘‘(24) FREE
PUBLIC
EDUCATION.—The term 
‘free public education’ means education that is pro-
vided— 
‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge; 
and 
‘‘(B) as elementary school or secondary 
school education as determined under applicable 
State law, except that the term does not include 
any education provided beyond grade 12. 
‘‘(25) GIFTED
AND
TALENTED.—The term 
‘gifted and talented’, when used with respect to stu-
dents, children, or youth, means students, children, 
or youth who give evidence of high achievement ca-
pability in areas such as intellectual, creative, artis-
tic, or leadership capacity, or in specific academic 
fields, and who need services or activities not ordi-
narily provided by the school in order to fully de-
velop those capabilities. 
‘‘(26) HIGH-QUALITY
ACADEMIC
TUTORING.— 
The term ‘high-quality academic tutoring’ means 
supplemental academic services that—
382 
‘‘(A) are in addition to instruction pro-
vided during the school day; 
‘‘(B) are provided by a non-governmental 
entity or local educational agency that— 
‘‘(i) is included on a State educational 
agency approved provider list after dem-
onstrating to the State educational agency 
that its program consistently improves the 
academic achievement of students; and 
‘‘(ii) agrees to provide parents of chil-
dren receiving high-quality academic tutor-
ing, the appropriate local educational agen-
cy, and school with information on partici-
pating students increases in academic 
achievement, in a format, and to the extent 
practicable, a language that such parent 
can understand, and in a manner that pro-
tects the privacy of individuals consistent 
with section 444 of the General Education 
Provisions Act (20 U.S.C. 1232g); 
‘‘(C) are selected by the parents of stu-
dents who are identified by the local educational 
agency as being eligible for such services from 
among providers on the approved provider list 
described in subparagraph (B)(i);
383 
‘‘(D) meet all applicable Federal, State, 
and local health, safety, and civil rights laws; 
and 
‘‘(E) ensure that all instruction and con-
tent are secular, neutral, and non-ideological. 
‘‘(27) HIGH SCHOOL.—The term ‘high school’ 
means a secondary school that— 
‘‘(A) grants a diploma, as defined by the 
State; and 
‘‘(B) includes, at least, grade 12. 
‘‘(28) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given that term in section 101(a) of the 
Higher Education Act of 1965. 
‘‘(29) LOCAL EDUCATIONAL AGENCY.— 
‘‘(A) IN GENERAL.—The term ‘local edu-
cational agency’ means a public board of edu-
cation or other public authority legally con-
stituted within a State for either administrative 
control or direction of, or to perform a service 
function for, public elementary schools or sec-
ondary schools in a city, county, township, 
school district, or other political subdivision of 
a State, or of or for a combination of school 
districts or counties that is recognized in a
384 
State as an administrative agency for its public 
elementary schools or secondary schools. 
‘‘(B) ADMINISTRATIVE CONTROL AND DI-
RECTION.—The term includes any other public 
institution or agency having administrative con-
trol and direction of a public elementary school 
or secondary school. 
‘‘(C) BIE SCHOOLS.—The term includes 
an elementary school or secondary school fund-
ed by the Bureau of Indian Education but only 
to the extent that including the school makes 
the school eligible for programs for which spe-
cific eligibility is not provided to the school in 
another provision of law and the school does not 
have a student population that is smaller than 
the student population of the local educational 
agency receiving assistance under this Act with 
the smallest student population, except that the 
school shall not be subject to the jurisdiction of 
any State educational agency other than the 
Bureau of Indian Education. 
‘‘(D) EDUCATIONAL SERVICE AGENCIES.— 
The term includes educational service agencies 
and consortia of those agencies.
385 
‘‘(E) STATE EDUCATIONAL AGENCY.—The 
term includes the State educational agency in a 
State in which the State educational agency is 
the sole educational agency for all public 
schools. 
‘‘(30) NATIVE AMERICAN AND NATIVE AMER-
ICAN LANGUAGE.—The terms ‘Native American’ and 
‘Native American language’ have the same meaning 
given those terms in section 103 of the Native 
American Languages Act of 1990. 
‘‘(31) OTHER STAFF.—The term ‘other staff’ 
means specialized instructional support personnel, li-
brarians, career guidance and counseling personnel, 
education aides, and other instructional and admin-
istrative personnel. 
‘‘(32) OUTLYING
AREA.—The term ‘outlying 
area’— 
‘‘(A) means American Samoa, the Com-
monwealth of the Northern Mariana Islands, 
Guam, and the United States Virgin Islands; 
‘‘(B) means the Republic of Palau, to the 
extent permitted under section 105(f)(1)(B)(ix) 
of the Compact of Free Association Amend-
ments Act of 2003 (Public Law 99–658; 117 
Stat. 2751) and until an agreement for the ex-
386 
tension of United States education assistance 
under the Compact of Free Association becomes 
effective for the Republic of Palau; and 
‘‘(C) for the purpose of any discretionary 
grant program under this Act, includes the Re-
public of the Marshall Islands and the Fed-
erated States of Micronesia, to the extent per-
mitted under section 105(f)(1)(B)(viii) of the 
Compact of Free Association Amendments Act 
of 2003 (Public Law 108–188; 117 Stat. 
2751). 
‘‘(33) PARENT.—The term ‘parent’ includes a 
legal guardian or other person standing in loco 
parentis (such as a grandparent, stepparent, or fos-
ter parent with whom the child lives, or a person 
who is legally responsible for the child’s welfare). 
‘‘(34) PARENTAL
INVOLVEMENT.—The term 
‘parental involvement’ means the participation of 
parents in regular, two-way, and meaningful commu-
nication involving student academic learning and 
other school activities, including ensuring— 
‘‘(A) that parents play an integral role in 
assisting in their child’s learning;
387 
‘‘(B) that parents are encouraged to be ac-
tively involved in their child’s education at 
school; 
‘‘(C) that parents are full partners in their 
child’s education and are included, as appro-
priate, in decisionmaking and on advisory com-
mittees to assist in the education of their child; 
and 
‘‘(D) the carrying out of other activities, 
such as those described in section 1118. 
‘‘(35) POVERTY LINE.—The term ‘poverty line’ 
means the poverty line (as defined by the Office of 
Management and Budget and revised annually in ac-
cordance with section 673(2) of the Community 
Services Block Grant Act) applicable to a family of 
the size involved. 
‘‘(36) 
PROFESSIONAL
DEVELOPMENT.—The 
term ‘professional development’— 
‘‘(A) includes evidence-based, job-embed-
ded, continuous activities that— 
‘‘(i) improve and increase teachers’ 
knowledge of the academic subjects the 
teachers teach, and enable teachers to be-
come effective educators;
388 
‘‘(ii) are an integral part of broad 
schoolwide and districtwide educational im-
provement plans; 
‘‘(iii) give teachers, school leaders, 
other staff, and administrators the knowl-
edge and skills to provide students with 
the opportunity to meet State academic 
standards; 
‘‘(iv) improve classroom management 
skills; 
‘‘(v)(I) have a positive and lasting im-
pact on classroom instruction and the 
teacher’s performance in the classroom; 
and 
‘‘(II) are not 1-day or short-term 
workshops or conferences; 
‘‘(vi) support the recruiting, hiring, 
and training of effective teachers, including 
teachers who became certified or licensed 
through State and local alternative routes 
to certification; 
‘‘(vii) advance teacher understanding 
of effective instructional strategies that are 
strategies for improving student academic 
achievement or substantially increasing the
389 
knowledge and teaching skills of teachers, 
including through addressing the social 
and emotional development needs of stu-
dents; 
‘‘(viii) are aligned with and directly 
related to— 
‘‘(I) State academic standards 
and assessments; and 
‘‘(II) the curricula and programs 
tied to the standards described in sub-
clause (I); 
‘‘(ix) are developed with extensive par-
ticipation of teachers, school leaders, par-
ents, and administrators of schools to be 
served under this Act; 
‘‘(x) are designed to give teachers of 
English learners and other teachers and 
instructional staff, the knowledge and 
skills to provide instruction and appro-
priate language and academic support 
services to those children, including the ap-
propriate use of curricula and assessments; 
‘‘(xi) to the extent appropriate, pro-
vide training for teachers, other staff, and 
school leaders in the use of technology so
390 
that technology and technology applica-
tions are effectively used to improve teach-
ing and learning in the curricula and core 
academic subjects in which the students re-
ceive instruction; 
‘‘(xii) as a whole, are regularly evalu-
ated for their impact on increased teacher 
effectiveness and improved student aca-
demic achievement, with the findings of 
the evaluations used to improve the quality 
of the professional development; 
‘‘(xiii) provide instruction in methods 
of teaching children with special needs; 
‘‘(xiv) include instruction in the use of 
data and assessments to inform and in-
struct classroom practice; and 
‘‘(xv) include instruction in ways that 
teachers, school leaders, specialized in-
structional support personnel, other staff, 
and school administrators may work more 
effectively with parents; and 
‘‘(B) may include evidence-based, job-em-
bedded, continuous activities that— 
‘‘(i) involve the forming of partner-
ships with institutions of higher education
391 
to establish school-based teacher training 
programs that provide prospective teachers 
and new teachers with an opportunity to 
work under the guidance of experienced 
teachers and college faculty; 
‘‘(ii) create programs to enable para-
professionals (assisting teachers employed 
by a local educational agency receiving as-
sistance under subpart 1 of part A of title 
I) to obtain the education necessary for 
those paraprofessionals to become certified 
and licensed teachers; and 
‘‘(iii) provide follow-up training to in-
dividuals who have participated in activi-
ties described in subparagraph (A) or an-
other clause of this subparagraph that are 
designed to ensure that the knowledge and 
skills learned by the teachers are imple-
mented in the classroom. 
‘‘(37) REGULAR HIGH SCHOOL DIPLOMA.— 
‘‘(A) IN
GENERAL.—The term ‘regular 
high school diploma’ means the standard high 
school diploma awarded to the preponderance of 
students in the State that is fully aligned with 
State standards, or a higher diploma. Such
392 
term shall not include a GED or other recog-
nized equivalent of a diploma, a certificate of 
attendance, or any lesser diploma award. 
‘‘(B) EXCEPTION
FOR
STUDENTS
WITH 
SIGNIFICANT COGNITIVE DISABILITIES.—For a 
student who is assessed using an alternate as-
sessment aligned to alternate academic stand-
ards under section 1111(b)(1)(D), receipt of a 
regular high school diploma as defined under 
subparagraph (A) or a State-defined alternate 
diploma obtained within the time period for 
which the State ensures the availability of a 
free appropriate public education and in accord-
ance with section 612(a)(1) of the Individuals 
with Disabilities Education Act shall be counted 
as graduating with a regular high school di-
ploma for the purposes of this Act. 
‘‘(38) SCHOOL
LEADER.—The term ‘school 
leader’ means a principal, assistant principal, or 
other individual who is— 
‘‘(A) an employee or officer of a school, 
local educational agency, or other entity oper-
ating the school; and 
‘‘(B) responsible for—
393 
‘‘(i) the daily instructional leadership 
and managerial operations of the school; 
and 
‘‘(ii) creating the optimum conditions 
for student learning. 
‘‘(39) SECONDARY
SCHOOL.—The term ‘sec-
ondary school’ means a nonprofit institutional day or 
residential school, including a public secondary char-
ter school, that provides secondary education, as de-
termined under State law, except that the term does 
not include any education beyond grade 12. 
‘‘(40) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Education. 
‘‘(41) SPECIALIZED
INSTRUCTIONAL
SUPPORT 
PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT 
SERVICES.— 
‘‘(A) SPECIALIZED
INSTRUCTIONAL
SUP-
PORT PERSONNEL.—The term ‘specialized in-
structional support personnel’ means school 
counselors, school social workers, school psy-
chologists, and other qualified professional per-
sonnel involved in providing assessment, diag-
nosis, counseling, educational, therapeutic, and 
other necessary services (including related serv-
ices as that term is defined in section 602 of
394 
the Individuals with Disabilities Education Act) 
as part of a comprehensive program to meet 
student needs. 
‘‘(B) SPECIALIZED
INSTRUCTIONAL
SUP-
PORT SERVICES.—The term ‘specialized instruc-
tional support services’ means the services pro-
vided by specialized instructional support per-
sonnel. 
‘‘(42) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, and each of the outlying 
areas. 
‘‘(43) STATE
EDUCATIONAL
AGENCY.—The 
term ‘State educational agency’ means the agency 
primarily responsible for the State supervision of 
public elementary schools and secondary schools. 
‘‘(44) TECHNOLOGY.—The term ‘technology’ 
means modern information, computer and commu-
nication technology products, services, or tools, in-
cluding, but not limited to, the Internet and other 
communications networks, computer devices and 
other computer and communications hardware, soft-
ware applications, data systems, and other electronic 
content and data storage.
395 
‘‘SEC. 5102. APPLICABILITY OF TITLE. 
‘‘Parts B, C, D, and E of this title do not apply to 
title IV of this Act. 
‘‘SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDU-
CATION OPERATED SCHOOLS. 
‘‘For the purpose of any competitive program under 
this Act— 
‘‘(1) a consortium of schools operated by the 
Bureau of Indian Education; 
‘‘(2) a school operated under a contract or 
grant with the Bureau of Indian Education in con-
sortium with another contract or grant school or a 
tribal or community organization; or 
‘‘(3) a Bureau of Indian Education school in 
consortium with an institution of higher education, 
a contract or grant school, or a tribal or community 
organization, 
shall be given the same consideration as a local edu-
cational agency. 
‘‘PART B—FLEXIBILITY IN THE USE OF 
ADMINISTRATIVE AND OTHER FUNDS 
‘‘SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE 
FUNDS FOR ELEMENTARY AND SECONDARY 
EDUCATION PROGRAMS. 
‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—
396 
‘‘(1) IN GENERAL.—A State educational agency 
may consolidate the amounts specifically made avail-
able to it for State administration under one or 
more of the programs under paragraph (2). 
‘‘(2) APPLICABILITY.—This section applies to 
any program under this Act under which funds are 
authorized to be used for administration, and such 
other programs as the Secretary may designate. 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—A State educational agency 
shall use the amount available under this section for 
the administration of the programs included in the 
consolidation under subsection (a). 
‘‘(2) ADDITIONAL USES.—A State educational 
agency may also use funds available under this sec-
tion for administrative activities designed to enhance 
the effective and coordinated use of funds under pro-
grams included in the consolidation under subsection 
(a), such as— 
‘‘(A) the coordination of those programs 
with other Federal and non-Federal programs; 
‘‘(B) the establishment and operation of 
peer-review mechanisms under this Act; 
‘‘(C) the administration of this title;
397 
‘‘(D) the dissemination of information re-
garding model programs and practices; 
‘‘(E) technical assistance under any pro-
gram under this Act; 
‘‘(F) State-level activities designed to carry 
out this title; 
‘‘(G) training personnel engaged in audit 
and other monitoring activities; and 
‘‘(H) implementation of the Cooperative 
Audit Resolution and Oversight Initiative of the 
Department. 
‘‘(c) RECORDS.—A State educational agency that 
consolidates administrative funds under this section shall 
not be required to keep separate records, by individual 
program, to account for costs relating to the administra-
tion of programs included in the consolidation under sub-
section (a). 
‘‘(d) REVIEW.—To determine the effectiveness of 
State administration under this section, the Secretary may 
periodically review the performance of State educational 
agencies in using consolidated administrative funds under 
this section and take such steps as the Secretary finds 
appropriate to ensure the effectiveness of that administra-
tion.
398 
‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State 
educational agency does not use all of the funds available 
to the agency under this section for administration, the 
agency may use those funds during the applicable period 
of availability as funds available under one or more pro-
grams included in the consolidation under subsection (a). 
‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS 
AND ASSESSMENT DEVELOPMENT.—In order to develop 
State academic standards and assessments, a State edu-
cational agency may consolidate the amounts described in 
subsection (a) for those purposes under title I. 
‘‘SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 
‘‘A State educational agency that also serves as a 
local educational agency shall, in its applications or plans 
under this Act, describe how the agency will eliminate du-
plication in conducting administrative functions. 
‘‘SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT 
OF THE INTERIOR FUNDS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) TRANSFER.—The Secretary shall transfer 
to the Department of the Interior, as a consolidated 
amount for covered programs, the Indian education 
programs under subpart 6 of part A of title I, and 
the education for homeless children and youth pro-
gram under subtitle B of title VII of the McKinney-
399 
Vento Homeless Assistance Act, the amounts allot-
ted to the Department of the Interior under those 
programs. 
‘‘(2) AGREEMENT.— 
‘‘(A) IN GENERAL.—The Secretary and the 
Secretary of the Interior shall enter into an 
agreement, consistent with the requirements of 
the programs specified in paragraph (1), for the 
distribution and use of those program funds 
under terms that the Secretary determines best 
meet the purposes of those programs. 
‘‘(B) CONTENTS.—The agreement shall— 
‘‘(i) set forth the plans of the Sec-
retary of the Interior for the use of the 
amount transferred and the achievement 
measures to assess program effectiveness; 
and 
‘‘(ii) be developed in consultation with 
Indian tribes. 
‘‘(b) ADMINISTRATION.—The Department of the In-
terior may use not more than 1.5 percent of the funds 
consolidated under this section for its costs related to the 
administration of the funds transferred under this section.
400 
‘‘PART C—COORDINATION OF PROGRAMS; CON-
SOLIDATED STATE AND LOCAL PLANS AND 
APPLICATIONS 
‘‘SEC. 5301. PURPOSES. 
‘‘The purposes of this part are— 
‘‘(1) to improve teaching and learning by en-
couraging greater cross-program coordination, plan-
ning, and service delivery; 
‘‘(2) to provide greater flexibility to State and 
local authorities through consolidated plans, applica-
tions, and reporting; and 
‘‘(3) to enhance the integration of programs 
under this Act with State and local programs. 
‘‘SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR 
APPLICATIONS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) SIMPLIFICATION.—In order to simplify ap-
plication requirements and reduce the burden for 
State educational agencies under this Act, the Sec-
retary, in accordance with subsection (b), shall es-
tablish procedures and criteria under which, after 
consultation with the Governor, a State educational 
agency may submit a consolidated State plan or a 
consolidated State application meeting the require-
ments of this section for—
401 
‘‘(A) each of the covered programs in 
which the State participates; and 
‘‘(B) such other programs as the Secretary 
may designate. 
‘‘(2) 
CONSOLIDATED
APPLICATIONS
AND 
PLANS.—After consultation with the Governor, a 
State educational agency that submits a consolidated 
State plan or a consolidated State application under 
this section shall not be required to submit separate 
State plans or applications under any of the pro-
grams to which the consolidated State plan or con-
solidated State application under this section ap-
plies. 
‘‘(b) COLLABORATION.— 
‘‘(1) IN GENERAL.—In establishing criteria and 
procedures under this section, the Secretary shall 
collaborate with State educational agencies and, as 
appropriate, with other State agencies, local edu-
cational agencies, public and private agencies, orga-
nizations, and institutions, private schools, and par-
ents, students, and teachers. 
‘‘(2) CONTENTS.—Through the collaborative 
process described in paragraph (1), the Secretary 
shall establish, for each program under this Act to 
which this section applies, the descriptions, informa-
402 
tion, assurances, and other material required to be 
included in a consolidated State plan or consolidated 
State application. 
‘‘(3) NECESSARY
MATERIALS.—The Secretary 
shall require only descriptions, information, assur-
ances (including assurances of compliance with ap-
plicable provisions regarding participation by private 
school children and teachers), and other materials 
that are absolutely necessary for the consideration of 
the consolidated State plan or consolidated State ap-
plication. 
‘‘SEC. 5303. CONSOLIDATED REPORTING. 
‘‘(a) IN GENERAL.—In order to simplify reporting re-
quirements and reduce reporting burdens, the Secretary 
shall establish procedures and criteria under which a State 
educational agency, in consultation with the Governor of 
the State, may submit a consolidated State annual report. 
‘‘(b) CONTENTS.—The report shall contain informa-
tion about the programs included in the report, including 
the performance of the State under those programs, and 
other matters as the Secretary determines are necessary, 
such as monitoring activities. 
‘‘(c) REPLACEMENT.—The report shall replace sepa-
rate individual annual reports for the programs included 
in the consolidated State annual report.
403 
‘‘SEC. 5304. GENERAL APPLICABILITY OF STATE EDU-
CATIONAL AGENCY ASSURANCES. 
‘‘(a) ASSURANCES.—A State educational agency, in 
consultation with the Governor of the State, that submits 
a consolidated State plan or consolidated State application 
under this Act, whether separately or under section 5302, 
shall have on file with the Secretary a single set of assur-
ances, applicable to each program for which the plan or 
application is submitted, that provides that— 
‘‘(1) each such program will be administered in 
accordance with all applicable statutes, regulations, 
program plans, and applications; 
‘‘(2)(A) the control of funds provided under 
each such program and title to property acquired 
with program funds will be in a public agency, an 
eligible private agency, institution, or organization, 
or an Indian tribe, if the law authorizing the pro-
gram provides for assistance to those entities; and 
‘‘(B) the public agency, eligible private agency, 
institution, or organization, or Indian tribe will ad-
minister those funds and property to the extent re-
quired by the authorizing law; 
‘‘(3) the State will adopt and use proper meth-
ods of administering each such program, including— 
‘‘(A) the enforcement of any obligations 
imposed by law on agencies, institutions, orga-
404 
nizations, and other recipients responsible for 
carrying out each program; 
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; and 
‘‘(C) the adoption of written procedures for 
the receipt and resolution of complaints alleging 
violations of law in the administration of the 
programs; 
‘‘(4) the State will cooperate in carrying out 
any evaluation of each such program conducted by 
or for the Secretary or other Federal officials; 
‘‘(5) the State will use such fiscal control and 
fund accounting procedures that will ensure proper 
disbursement of, and accounting for, Federal funds 
paid to the State under each such program; 
‘‘(6) the State will— 
‘‘(A) make reports to the Secretary as may 
be necessary to enable the Secretary to perform 
the Secretary’s duties under each such pro-
gram; and 
‘‘(B) maintain such records, provide such 
information to the Secretary, and afford such 
access to the records as the Secretary may find
405 
necessary to carry out the Secretary’s duties; 
and 
‘‘(7) before the plan or application was sub-
mitted to the Secretary, the State afforded a reason-
able opportunity for public comment on the plan or 
application and considered such comment. 
‘‘(b) GEPA PROVISION.—Section 441 of the General 
Education Provisions Act shall not apply to programs 
under this Act. 
‘‘SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICA-
TIONS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) CONSOLIDATED
PLAN.—A local edu-
cational agency receiving funds under more than one 
covered program may submit plans or applications 
to the State educational agency under those pro-
grams on a consolidated basis. 
‘‘(2) AVAILABILITY TO GOVERNOR.—The State 
educational agency shall make any consolidated local 
plans and applications available to the Governor. 
‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA-
TIONS.—A State educational agency that has an approved 
consolidated State plan or application under section 5302 
may require local educational agencies in the State receiv-
ing funds under more than one program included in the
406 
consolidated State plan or consolidated State application 
to submit consolidated local plans or applications under 
those programs, but may not require those agencies to 
submit separate plans. 
‘‘(c) COLLABORATION.—A State educational agency, 
in consultation with the Governor, shall collaborate with 
local educational agencies in the State in establishing pro-
cedures for the submission of the consolidated State plans 
or consolidated State applications under this section. 
‘‘(d) NECESSARY
MATERIALS.—The State edu-
cational agency shall require only descriptions, informa-
tion, assurances, and other material that are absolutely 
necessary for the consideration of the local educational 
agency plan or application. 
‘‘SEC. 5306. OTHER GENERAL ASSURANCES. 
‘‘(a) ASSURANCES.—Any applicant, other than a 
State educational agency that submits a plan or applica-
tion under this Act, shall have on file with the State edu-
cational agency a single set of assurances, applicable to 
each program for which a plan or application is submitted, 
that provides that— 
‘‘(1) each such program will be administered in 
accordance with all applicable statutes, regulations, 
program plans, and applications;
407 
‘‘(2)(A) the control of funds provided under 
each such program and title to property acquired 
with program funds will be in a public agency or in 
an eligible private agency, institution, organization, 
or Indian tribe, if the law authorizing the program 
provides for assistance to those entities; and 
‘‘(B) the public agency, eligible private agency, 
institution, or organization, or Indian tribe will ad-
minister the funds and property to the extent re-
quired by the authorizing statutes; 
‘‘(3) the applicant will adopt and use proper 
methods of administering each such program, in-
cluding— 
‘‘(A) the enforcement of any obligations 
imposed by law on agencies, institutions, orga-
nizations, and other recipients responsible for 
carrying out each program; and 
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; 
‘‘(4) the applicant will cooperate in carrying out 
any evaluation of each such program conducted by 
or for the State educational agency, the Secretary, 
or other Federal officials;
408 
‘‘(5) the applicant will use such fiscal control 
and fund accounting procedures as will ensure prop-
er disbursement of, and accounting for, Federal 
funds paid to the applicant under each such pro-
gram; 
‘‘(6) the applicant will— 
‘‘(A) submit such reports to the State edu-
cational agency (which shall make the reports 
available to the Governor) and the Secretary as 
the State educational agency and Secretary may 
require to enable the State educational agency 
and the Secretary to perform their duties under 
each such program; and 
‘‘(B) maintain such records, provide such 
information, and afford such access to the 
records as the State educational agency (after 
consultation with the Governor) or the Sec-
retary may reasonably require to carry out the 
State educational agency’s or the Secretary’s 
duties; and 
‘‘(7) before the application was submitted, the 
applicant afforded a reasonable opportunity for pub-
lic comment on the application and considered such 
comment.
409 
‘‘(b) GEPA PROVISION.—Section 442 of the General 
Education Provisions Act shall not apply to programs 
under this Act. 
‘‘PART D—WAIVERS 
‘‘SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY RE-
QUIREMENTS. 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUEST
FOR
WAIVER.—A State edu-
cational agency, local educational agency, or Indian 
tribe that receives funds under a program authorized 
under this Act may submit a request to the Sec-
retary to waive any statutory or regulatory require-
ment of this Act. 
‘‘(2) RECEIPT OF WAIVER.—Except as provided 
in subsection (c) and subject to the limits in sub-
section (b)(5)(A), the Secretary shall waive any stat-
utory or regulatory requirement of this Act for a 
State educational agency, local educational agency, 
Indian tribe, or school (through a local educational 
agency), that submits a waiver request pursuant to 
this subsection. 
‘‘(b) PLAN.— 
‘‘(1) IN GENERAL.—A State educational agen-
cy, local educational agency, or Indian tribe that de-
sires a waiver under this section shall submit a waiv-
410 
er request to the Secretary, which shall include a 
plan that— 
‘‘(A) identifies the Federal programs af-
fected by the requested waiver; 
‘‘(B) describes which Federal statutory or 
regulatory requirements are to be waived; 
‘‘(C) reasonably demonstrates that the 
waiver will improve instruction for students and 
advance student academic achievement; 
‘‘(D) describes the methods the State edu-
cational agency, local educational agency, or In-
dian tribe will use to monitor the effectiveness 
of the implementation of the plan; and 
‘‘(E) describes how schools will continue to 
provide assistance to the same populations 
served by programs for which the waiver is re-
quested. 
‘‘(2) ADDITIONAL INFORMATION.—A waiver re-
quest under this section— 
‘‘(A) may provide for waivers of require-
ments applicable to State educational agencies, 
local educational agencies, Indian tribes, and 
schools; and 
‘‘(B) shall be developed and submitted—
411 
‘‘(i)(I) by local educational agencies 
(on behalf of those agencies and schools) 
to State educational agencies; and 
‘‘(II) by State educational agencies 
(on their own behalf, or on behalf of, and 
based on the requests of, local educational 
agencies in the State) to the Secretary; or 
‘‘(ii) by Indian tribes (on behalf of 
schools operated by the tribes) to the Sec-
retary. 
‘‘(3) GENERAL REQUIREMENTS.— 
‘‘(A) STATE EDUCATIONAL AGENCIES.—In 
the case of a waiver request submitted by a 
State educational agency acting on its own be-
half, or on behalf of local educational agencies 
in the State, the State educational agency 
shall— 
‘‘(i) provide the public and local edu-
cational agencies in the State with notice 
and a reasonable opportunity to comment 
and provide input on the request; 
‘‘(ii) submit the comments and input 
to the Secretary, with a description of how 
the State addressed the comments and 
input; and
412 
‘‘(iii) provide notice and a reasonable 
time to comment to the public and local 
educational agencies in the manner in 
which the applying agency customarily pro-
vides similar notice and opportunity to 
comment to the public. 
‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In 
the case of a waiver request submitted by a 
local educational agency that receives funds 
under this Act— 
‘‘(i) the request shall be reviewed by 
the State educational agency and be ac-
companied by the comments, if any, of the 
State educational agency and the public; 
and 
‘‘(ii) notice and a reasonable oppor-
tunity to comment regarding the waiver re-
quest shall be provided to the State edu-
cational agency and the public by the agen-
cy requesting the waiver in the manner in 
which that agency customarily provides 
similar notice and opportunity to comment 
to the public. 
‘‘(4) PEER REVIEW.—
413 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish a multi-disciplinary peer review 
team, which shall meet the requirements of sec-
tion 5543, to review waiver requests under this 
section. 
‘‘(B) APPLICABILITY.—The Secretary may 
approve a waiver request under this section 
without conducting a peer review of the request, 
but shall use the peer review process under this 
paragraph before disapproving such a request. 
‘‘(C) STANDARD
AND
NATURE
OF
RE-
VIEW.—Peer reviewers shall conduct a good 
faith review of waiver requests submitted to 
them under this section. Peer reviewers shall re-
view such waiver requests— 
‘‘(i) in their totality; 
‘‘(ii) in deference to State and local 
judgment; and 
‘‘(iii) with the goal of promoting 
State- and local-led innovation. 
‘‘(5) WAIVER
DETERMINATION, DEMONSTRA-
TION, AND REVISION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
approve a waiver request not more than 60 
days after the date on which such request is
414 
submitted, unless the Secretary determines and 
demonstrates that— 
‘‘(i) the waiver request does not meet 
the requirements of this section; 
‘‘(ii) the waiver is not permitted under 
subsection (c); 
‘‘(iii) the plan that is required under 
paragraph (1)(C), and reviewed with def-
erence to State and local judgment, pro-
vides no reasonable evidence to determine 
that a waiver will enhance student aca-
demic achievement; or 
‘‘(iv) the waiver request does not pro-
vide for adequate evaluation to ensure re-
view and continuous improvement of the 
plan. 
‘‘(B) WAIVER DETERMINATION AND REVI-
SION.—If the Secretary determines and dem-
onstrates that the waiver request does not meet 
the requirements of this section, the Secretary 
shall— 
‘‘(i) immediately— 
‘‘(I) notify the State educational 
agency, local educational agency, or
415 
Indian tribe of such determination; 
and 
‘‘(II) at the request of the State 
educational agency, local educational 
agency, or Indian tribe, provide de-
tailed reasons for such determination 
in writing; 
‘‘(ii) offer the State educational agen-
cy, local educational agency, or Indian 
tribe an opportunity to revise and resubmit 
the waiver request not more than 60 days 
after the date of such determination; and 
‘‘(iii) if the Secretary determines that 
the resubmission does not meet the re-
quirements of this section, at the request 
of the State educational agency, local edu-
cational agency, or Indian tribe, conduct a 
public hearing not more than 30 days after 
the date of such resubmission. 
‘‘(C) WAIVER
DISAPPROVAL.—The Sec-
retary may disapprove a waiver request if— 
‘‘(i) the State educational agency, 
local educational agency, or Indian tribe 
has been notified and offered an oppor-
tunity to revise and resubmit the waiver
416 
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;
417 
‘‘(3) use of Federal funds to supplement, not 
supplant, non-Federal funds; 
‘‘(4) equitable participation of private school 
students and teachers; 
‘‘(5) parental participation and involvement; 
‘‘(6) applicable civil rights requirements; 
‘‘(7) the prohibitions— 
‘‘(A) in subpart 2 of part E; 
‘‘(B) regarding use of funds for religious 
worship or instruction in section 5505; and 
‘‘(C) regarding activities in section 5524; 
or 
‘‘(8) the selection of a school attendance area or 
school under subsections (a) and (b) of section 1113, 
except that the Secretary may grant a waiver to 
allow a school attendance area or school to partici-
pate in activities under subpart 1 of part A of title 
I if the percentage of children from low-income fami-
lies in the school attendance area or who attend the 
school is not more than 10 percentage points below 
the lowest percentage of those children for any 
school attendance area or school of the local edu-
cational agency that meets the requirements of sub-
sections (a) and (b) of section 1113.
418 
‘‘(d) DURATION AND EXTENSION OF WAIVER; LIMI-
TATIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a waiver approved by the Secretary under 
this section may be for a period not to exceed 3 
years. 
‘‘(2) EXTENSION.—The Secretary may extend 
the period described in paragraph (1) if the State 
demonstrates that— 
‘‘(A) the waiver has been effective in ena-
bling the State or affected recipient to carry out 
the activities for which the waiver was re-
quested and the waiver has contributed to im-
proved student achievement; and 
‘‘(B) the extension is in the public interest. 
‘‘(3) SPECIFIC
LIMITATIONS.—The Secretary 
shall not require a State educational agency, local 
educational agency, or Indian tribe, as a condition of 
approval of a waiver request, to— 
‘‘(A) include in, or delete from, such re-
quest, specific academic standards, such as the 
Common Core State Standards developed under 
the Common Core State Standards Initiative or 
any other standards common to a significant 
number of States;
419 
‘‘(B) use specific academic assessment in-
struments or items, including assessments 
aligned to the standards described in subpara-
graph (A); or 
‘‘(C) include in, or delete from, such waiv-
er request any criterion that specifies, defines, 
describes, or prescribes the standards or meas-
ures that a State or local educational agency or 
Indian tribe uses to establish, implement, or im-
prove— 
‘‘(i) State academic standards; 
‘‘(ii) academic assessments; 
‘‘(iii) State accountability systems; or 
‘‘(iv) teacher and school leader evalua-
tion systems. 
‘‘(e) REPORTS.— 
‘‘(1) WAIVER REPORTS.—A State educational 
agency, local educational agency, or Indian tribe 
that receives a waiver under this section shall, at the 
end of the second year for which a waiver is received 
under this section and each subsequent year, submit 
a report to the Secretary that— 
‘‘(A) describes the uses of the waiver by 
the agency or by schools;
420 
‘‘(B) describes how schools continued to 
provide assistance to the same populations 
served by the programs for which waivers were 
granted; and 
‘‘(C) evaluates the progress of the agency 
and schools, or Indian tribe, in improving the 
quality of instruction or the academic achieve-
ment of students. 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary 
shall annually submit to the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate a re-
port— 
‘‘(A) summarizing the uses of waivers by 
State educational agencies, local educational 
agencies, Indian tribes, and schools; and 
‘‘(B) describing the status of the waivers 
in improving academic achievement. 
‘‘(f) TERMINATION
OF WAIVERS.—The Secretary 
shall terminate a waiver under this section if the Secretary 
determines, after notice and an opportunity for a hearing, 
that the performance of the State or other recipient af-
fected by the waiver has been inadequate to justify a con-
tinuation of the waiver and the recipient of the waiver has
421 
failed to make revisions needed to carry out the purpose 
of the waiver, or if the waiver is no longer necessary to 
achieve its original purpose. 
‘‘(g) PUBLICATION.—A notice of the Secretary’s deci-
sion to grant each waiver under subsection (a) shall be 
published in the Federal Register and the Secretary shall 
provide for the dissemination of the notice to State edu-
cational agencies, interested parties, including educators, 
parents, students, advocacy and civil rights organizations, 
and the public. 
‘‘PART E—UNIFORM PROVISIONS 
‘‘Subpart 1—Private Schools 
‘‘SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS. 
‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this Act, to the extent consistent with the 
number of eligible children in areas served by a 
State educational agency, local educational agency, 
educational service agency, consortium of those 
agencies, or another entity receiving financial assist-
ance under a program specified in subsection (b), 
who are enrolled in private elementary schools and 
secondary schools in areas served by such agency, 
consortium, or entity, the agency, consortium, or en-
422 
tity shall, after timely and meaningful consultation 
with appropriate private school officials or their rep-
resentatives, provide to those children and their 
teachers or other educational personnel, on an equi-
table basis, special educational services or other ben-
efits that address their needs under the program. 
‘‘(2) SECULAR, NEUTRAL, AND
NONIDEOLOG-
ICAL SERVICES OR BENEFITS.—Educational services 
or other benefits, including materials and equipment, 
provided under this section, shall be secular, neutral, 
and nonideological. 
‘‘(3) SPECIAL RULE.—Educational services and 
other benefits provided under this section for private 
school children, teachers, and other educational per-
sonnel shall be equitable in comparison to services 
and other benefits for public school children, teach-
ers, and other educational personnel participating in 
the program and shall be provided in a timely man-
ner. 
‘‘(4) EXPENDITURES.— 
‘‘(A) IN GENERAL.—Expenditures for edu-
cational services and other benefits to eligible 
private school children, teachers, and other 
service personnel shall be equal to the expendi-
tures for participating public school children,
423 
taking into account the number and educational 
needs, of the children to be served. 
‘‘(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 agen-
cy; 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
424 
representatives in the State of such alloca-
tion of funds. 
‘‘(5) PROVISION
OF
SERVICES.—An agency, 
consortium, or entity described in subsection (a)(1) 
of this section may provide those services directly or 
through contracts with public and private agencies, 
organizations, and institutions. 
‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—This section applies to pro-
grams under— 
‘‘(A) subpart 2 of part A of title I; 
‘‘(B) subpart 4 of part A of title I; 
‘‘(C) part A of title II; 
‘‘(D) part B of title II; and 
‘‘(E) part B of title III. 
‘‘(2) DEFINITION.—For the purpose of this sec-
tion, the term ‘eligible children’ means children eligi-
ble for services under a program described in para-
graph (1). 
‘‘(c) CONSULTATION.— 
‘‘(1) IN
GENERAL.—To ensure timely and 
meaningful consultation, a State educational agency, 
local educational agency, educational service agency, 
consortium of those agencies, or entity shall consult, 
in order to reach an agreement, with appropriate
425 
private school officials or their representatives dur-
ing the design and development of the programs 
under this Act, on issues such as— 
‘‘(A) how the children’s needs will be iden-
tified; 
‘‘(B) what services will be offered; 
‘‘(C) how, where, and by whom the services 
will be provided; 
‘‘(D) how the services will be assessed and 
how the results of the assessment will be used 
to improve those services; 
‘‘(E) the size and scope of the equitable 
services to be provided to the eligible private 
school children, teachers, and other educational 
personnel and the amount of funds available for 
those services; 
‘‘(F) how and when the agency, consor-
tium, or entity will make decisions about the 
delivery of services, including a thorough con-
sideration and analysis of the views of the pri-
vate school officials or their representatives on 
the provision of services through potential 
third-party providers or contractors; and 
‘‘(G) how, if the agency disagrees with the 
views of the private school officials or their rep-
426 
resentatives on the provision of services through 
a contract, the local educational agency will 
provide in writing to such private school offi-
cials or their representatives an analysis of the 
reasons why the local educational agency has 
chosen not to use a contractor. 
‘‘(2) DISAGREEMENT.—If the agency, consor-
tium, or entity disagrees with the views of the pri-
vate school officials or their representatives with re-
spect to an issue described in paragraph (1), the 
agency, consortium, or entity shall provide to the 
private school officials or their representatives a 
written explanation of the reasons why the local edu-
cational agency has chosen not to adopt the course 
of action requested by such officials or their rep-
resentatives. 
‘‘(3) TIMING.—The consultation required by 
paragraph (1) shall occur before the agency, consor-
tium, or entity makes any decision that affects the 
opportunities of eligible private school children, 
teachers, and other educational personnel to partici-
pate in programs under this Act, and shall continue 
throughout the implementation and assessment of 
activities under this section.
427 
‘‘(4) DISCUSSION REQUIRED.—The consultation 
required by paragraph (1) shall include a discussion 
of service delivery mechanisms that the agency, con-
sortium, or entity could use to provide equitable 
services to eligible private school children, teachers, 
administrators, and other staff. 
‘‘(5) DOCUMENTATION.—Each local educational 
agency shall maintain in the agency’s records and 
provide to the State educational agency involved a 
written affirmation signed by officials or their rep-
resentatives of each participating private school that 
the meaningful consultation required by this section 
has occurred. The written affirmation shall provide 
the option for private school officials or their rep-
resentatives to indicate that timely and meaningful 
consultation has not occurred or that the program 
design is not equitable with respect to eligible pri-
vate school children. If such officials or their rep-
resentatives do not provide such affirmation within 
a reasonable period of time, the local educational 
agency shall forward the documentation that such 
consultation has, or attempts at such consultation 
have, taken place to the State educational agency. 
‘‘(6) COMPLIANCE.—
428 
‘‘(A) IN GENERAL.—If the consultation re-
quired under this section is with a local edu-
cational agency or educational service agency, a 
private school official or representative shall 
have the right to file a complaint with the State 
educational agency that the consultation re-
quired under this section was not meaningful 
and timely, did not give due consideration to 
the views of the private school official or rep-
resentative, or did not treat the private school 
or its students equitably as required by this sec-
tion. 
‘‘(B) PROCEDURE.—If the private school 
official or representative wishes to file a com-
plaint, the private school official or representa-
tive shall provide the basis of the noncompli-
ance with this section and all parties shall pro-
vide the appropriate documentation to the ap-
propriate officials or representatives. 
‘‘(C) 
SERVICES.—A 
State 
educational 
agency shall provide services under this section 
directly or through contracts with public and 
private agencies, organizations, and institutions, 
if—
429 
‘‘(i) the appropriate private school of-
ficials or their representatives have— 
‘‘(I) requested that the State 
educational agency provide such serv-
ices directly; and 
‘‘(II) demonstrated that the local 
educational agency or Education Serv-
ice Agency involved has not met the 
requirements of this section; or 
‘‘(ii) in a case in which— 
‘‘(I) a local educational agency 
has more than 10,000 children from 
low-income families who attend pri-
vate elementary schools or secondary 
schools in such agency’s school at-
tendance areas, as defined in section 
1113(a)(2)(A), that are not being 
served by the agency’s program under 
this section; or 
‘‘(II) 90 percent of the eligible 
private school students in a school at-
tendance area, as defined in section 
1113(a)(2)(A), are not being served 
by the agency’s program under this 
section.
430 
‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds used 
to provide services under this section, and title to 
materials, equipment, and property purchased with 
those funds, shall be in a public agency for the uses 
and purposes provided in this Act, and a public 
agency shall administer the funds and property. 
‘‘(2) PROVISION OF SERVICES.— 
‘‘(A) IN GENERAL.—The provision of serv-
ices under this section shall be provided— 
‘‘(i) by employees of a public agency; 
or 
‘‘(ii) through contract by the public 
agency with an individual, association, 
agency, organization, or other entity. 
‘‘(B) INDEPENDENCE; PUBLIC AGENCY.— 
In the provision of those services, the employee, 
person, association, agency, organization, or 
other entity shall be independent of the private 
school and of any religious organization, and 
the employment or contract shall be under the 
control and supervision of the public agency. 
‘‘(C) COMMINGLING
OF
FUNDS
PROHIB-
ITED.—Funds used to provide services under
431 
this section shall not be commingled with non- 
Federal funds. 
‘‘SEC. 5502. STANDARDS FOR BY-PASS. 
‘‘(a) IN GENERAL.—If, by reason of any provision of 
law, a State educational agency, local educational agency, 
educational service agency, consortium of those agencies, 
or other entity is prohibited from providing for the partici-
pation in programs of children enrolled in, or teachers or 
other educational personnel from, private elementary 
schools and secondary schools, on an equitable basis, or 
if the Secretary determines that the agency, consortium, 
or entity has substantially failed or is unwilling to provide 
for that participation, as required by section 5501, the 
Secretary shall— 
‘‘(1) waive the requirements of that section for 
the agency, consortium, or entity; and 
‘‘(2) arrange for the provision of equitable serv-
ices to those children, teachers, or other educational 
personnel through arrangements that shall be sub-
ject to the requirements of this section and of sec-
tions 5501, 5503, and 5504. 
‘‘(b) DETERMINATION.—In making the determina-
tion under subsection (a), the Secretary shall consider one 
or more factors, including the quality, size, scope, and lo-
cation of the program, and the opportunity of private
432 
school children, teachers, and other educational personnel 
to participate in the program. 
‘‘SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF 
PRIVATE SCHOOL CHILDREN. 
‘‘(a) PROCEDURES
FOR COMPLAINTS.—The Sec-
retary shall develop and implement written procedures for 
receiving, investigating, and resolving complaints from 
parents, teachers, or other individuals and organizations 
concerning violations of section 5501 by a State edu-
cational agency, local educational agency, educational 
service agency, consortium of those agencies, or entity. 
The individual or organization shall submit the complaint 
to the State educational agency for a written resolution 
by the State educational agency within 45 days. 
‘‘(b) APPEALS TO SECRETARY.—The resolution may 
be appealed by an interested party to the Secretary not 
later than 30 days after the State educational agency re-
solves the complaint or fails to resolve the complaint with-
in the 45-day time limit. The appeal shall be accompanied 
by a copy of the State educational agency’s resolution, 
and, if there is one, a complete statement of the reasons 
supporting the appeal. The Secretary shall investigate and 
resolve the appeal not later than 90 days after receipt of 
the appeal.
433 
‘‘Subpart 2—Prohibitions 
‘‘SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, 
DIRECTION, OR CONTROL. 
‘‘(a) IN GENERAL.—No officer or employee of the 
Federal Government shall, directly or indirectly, through 
grants, contracts, or other cooperative agreements, man-
date, direct, incentivize, or control a State, local edu-
cational agency, or school’s specific instructional content, 
academic standards and assessments, curricula, or pro-
gram of instruction, (including any requirement, direction, 
incentive, or mandate to adopt the Common Core State 
Standards developed under the Common Core State 
Standards Initiative or any other academic standards com-
mon to a significant number of States), nor shall anything 
in this Act be construed to authorize such officer or em-
ployee to do so. 
‘‘(b) FINANCIAL SUPPORT.—No officer or employee 
of the Federal Government shall, directly or indirectly, 
through grants, contracts, or other cooperative agree-
ments, make financial support available in a manner that 
is conditioned upon a State, local educational agency, or 
school’s adoption of specific instructional content, aca-
demic standards and assessments, curriculum, or program 
of instruction, (including any requirement, direction, or 
mandate to adopt the Common Core State Standards de-
veloped under the Common Core State Standards Initia-
434 
tive, any other academic standards common to a signifi-
cant number of States, or any assessment, instructional 
content, or curriculum aligned to such standards), even 
if such requirements are specified in an Act other than 
this Act, nor shall anything in this Act be construed to 
authorize such officer or employee to do so. 
‘‘SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND 
USE OF FEDERAL FUNDS. 
‘‘(a) GENERAL PROHIBITION.—Nothing in this Act 
shall be construed to authorize an officer or employee of 
the Federal Government directly or indirectly, whether 
through a grant, contract, or cooperative agreement, to 
mandate, direct, or control a State, local educational agen-
cy, or school’s curriculum, program of instruction, or allo-
cation of State or local resources, or mandate a State or 
any subdivision thereof to spend any funds or incur any 
costs not paid for under this Act. 
‘‘(b) PROHIBITION
ON ENDORSEMENT
OF CUR-
RICULUM.—Notwithstanding any other prohibition of Fed-
eral law, no funds provided to the Department under this 
Act may be used by the Department directly or indi-
rectly—whether through a grant, contract, or cooperative 
agreement—to endorse, approve, develop, require, or sanc-
tion any curriculum, including any curriculum aligned to 
the Common Core State Standards developed under the
435 
Common Core State Standards Initiative or any other aca-
demic standards common to a significant number of 
States, designed to be used in an elementary school or sec-
ondary school. 
‘‘(c) LOCAL CONTROL.—Nothing in this Act shall be 
construed to— 
‘‘(1) authorize an officer or employee of the 
Federal Government directly or indirectly—whether 
through a grant, contract, or cooperative agree-
ment—to mandate, direct, review, or control a State, 
local educational agency, or school’s instructional 
content, curriculum, and related activities; 
‘‘(2) limit the application of the General Edu-
cation Provisions Act; 
‘‘(3) require the distribution of scientifically or 
medically false or inaccurate materials or to prohibit 
the distribution of scientifically or medically true or 
accurate materials; or 
‘‘(4) create any legally enforceable right. 
‘‘(d) PROHIBITION
ON REQUIRING FEDERAL AP-
PROVAL OR CERTIFICATION OF STANDARDS.—Notwith-
standing any other provision of Federal law, no State shall 
be required to have academic standards approved or cer-
tified by the Federal Government, in order to receive as-
sistance under this Act.
436 
‘‘(e) RULE OF CONSTRUCTION ON BUILDING STAND-
ARDS.—Nothing in this Act shall be construed to mandate 
national school building standards for a State, local edu-
cational agency, or school. 
‘‘SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED 
TESTING. 
‘‘(a) GENERAL PROHIBITION.—Notwithstanding any 
other provision of Federal law and except as provided in 
subsection (b), no funds provided under this Act to the 
Secretary or to the recipient of any award may be used 
to develop, pilot test, field test, implement, administer, or 
distribute any federally sponsored national test or testing 
materials in reading, mathematics, or any other subject, 
unless specifically and explicitly authorized by law. 
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 
international comparative assessments developed under 
the authority of section 153(a)(5) of the Education 
Sciences Reform Act of 2002 and administered to only a 
representative sample of pupils in the United States and 
in foreign nations. 
‘‘SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CER-
TIFICATION FOR TEACHERS. 
‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFI-
CATION OF TEACHERS.—Notwithstanding any other pro-
vision of this Act or any other provision of law, no funds
437 
available to the Department or otherwise available under 
this Act may be used for any purpose relating to a manda-
tory nationwide test or certification of teachers or edu-
cation paraprofessionals, including any planning, develop-
ment, implementation, or administration of such test or 
certification. 
‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The 
Secretary is prohibited from withholding funds from any 
State educational agency or local educational agency if the 
State educational agency or local educational agency fails 
to adopt a specific method of teacher or paraprofessional 
certification. 
‘‘SEC. 5525. PROHIBITED USES OF FUNDS. 
‘‘No funds under this Act may be used— 
‘‘(1) for construction, renovation, or repair of 
any school facility, except as authorized under title 
IV or otherwise authorized under this Act; 
‘‘(2) for medical services, drug treatment or re-
habilitation, except for specialized instructional sup-
port services or referral to treatment for students 
who are victims of, or witnesses to, crime or who il-
legally use drugs; 
‘‘(3) for transportation unless otherwise author-
ized under this Act;
438 
‘‘(4) to develop or distribute materials, or oper-
ate programs or courses of instruction directed at 
youth, that are designed to promote or encourage 
sexual activity, whether homosexual or heterosexual; 
‘‘(5) to distribute or to aid in the distribution 
by any organization of legally obscene materials to 
minors on school grounds; 
‘‘(6) to provide sex education or HIV-prevention 
education in schools unless that instruction is age 
appropriate and includes the health benefits of absti-
nence; or 
‘‘(7) to operate a program of contraceptive dis-
tribution in schools. 
‘‘SEC. 5529. PROHIBITION REGARDING STATE AID. 
‘‘A State shall not take into consideration payments 
under this Act (other than under title IV) in determining 
the eligibility of any local educational agency in that State 
for State aid, or the amount of State aid, with respect 
to free public education of children. 
‘‘SEC. 5530. PROHIBITION ON REQUIRING STATE PARTICI-
PATION. 
‘‘Any State that opts out of receiving funds, or that 
has not been awarded funds, under one or more programs 
under this Act shall not be required to carry out any of 
the requirements of such program or programs, and noth-
439 
ing in this Act shall be construed to require a State to 
participate in any program under this Act. 
‘‘SEC. 5531. LOCAL CONTROL. 
‘‘The Secretary shall not— 
‘‘(1) impose any requirements or exercise any 
governance or authority over school administration, 
including the development and expenditure over 
school budgets, unless explicitly authorized under 
this Act; 
‘‘(2) issue any regulations or non-regulatory 
guidance without first consulting with local stake-
holders and fairly addressing their concerns; or 
‘‘(3) deny any local educational agency the 
right to object to any administrative requirement, in-
cluding actions that place additional burdens or cost 
on the local educational agency. 
‘‘Subpart 3—Other Provisions 
‘‘SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STU-
DENTS AND STUDENT RECRUITING INFORMA-
TION. 
‘‘(a) POLICY.— 
‘‘(1) ACCESS TO STUDENT RECRUITING INFOR-
MATION.—Notwithstanding section 444(a)(5)(B) of 
the General Education Provisions Act, each local 
educational agency receiving assistance under this
440 
Act shall provide, upon a request made by a military 
recruiter or an institution of higher education, ac-
cess to the name, address, and telephone listing of 
each secondary school student served by the local 
educational agency, unless the parent of such stu-
dent has submitted the prior consent request under 
paragraph (2). 
‘‘(2) CONSENT.— 
‘‘(A) OPT-OUT PROCESS.—A parent of a 
secondary school student may submit a written 
request, to the local educational agency, that 
the student’s name, address, and telephone list-
ing not be released for purposes of paragraph 
(1) without prior written consent of the parent. 
Upon receiving such request, the local edu-
cational agency may not release the student’s 
name, address, and telephone listing for such 
purposes without the prior written consent of 
the parent. 
‘‘(B) NOTIFICATION
OF
OPT-OUT
PROC-
ESS.—Each local educational agency shall no-
tify the parents of the students served by the 
agency of the option to make a request de-
scribed in subparagraph (A).
441 
‘‘(3) SAME ACCESS TO STUDENTS.—Each local 
educational agency receiving assistance under this 
Act shall provide military recruiters the same access 
to secondary school students as is provided generally 
to institutions of higher education or to prospective 
employers of those students. 
‘‘(4) RULE
OF
CONSTRUCTION
PROHIBITING 
OPT-IN
PROCESSES.—Nothing in this subsection 
shall be construed to allow a local educational agen-
cy to withhold access to a student’s name, address, 
and telephone listing from a military recruiter or in-
stitution of higher education by implementing an 
opt-in process or any other process other than the 
written consent request process under paragraph 
(2)(A). 
‘‘(5) PARENTAL
CONSENT.—For purposes of 
this subsection, whenever a student has attained 18 
years of age, the permission or consent required of 
and the rights accorded to the parents of the stu-
dent shall only be required of and accorded to the 
student. 
‘‘(b) NOTIFICATION.—The Secretary, in consultation 
with the Secretary of Defense, shall, not later than 120 
days after the date of enactment of the Student Success
442 
Act, notify school leaders, school administrators, and other 
educators about the requirements of this section. 
‘‘(c) EXCEPTION.—The requirements of this section 
do not apply to a private secondary school that maintains 
a religious objection to service in the Armed Forces if the 
objection is verifiable through the corporate or other orga-
nizational documents or materials of that school. 
‘‘SEC. 5542. RULEMAKING. 
‘‘The Secretary shall issue regulations under this Act 
as prescribed under section 1401 only to the extent that 
such regulations are necessary to ensure that there is com-
pliance with the specific requirements and assurances re-
quired by this Act. 
‘‘SEC. 5543. PEER REVIEW. 
‘‘(a) IN GENERAL.—If the Secretary uses a peer re-
view panel to evaluate an application for any program re-
quired under this Act, the Secretary shall conduct the 
panel in accordance with this section. 
‘‘(b) MAKEUP.—The Secretary shall— 
‘‘(1) solicit nominations for peers to serve on 
the panel from States that are— 
‘‘(A) practitioners in the subject matter; or 
‘‘(B) experts in the subject matter; and 
‘‘(2) select the peers from such nominees, ex-
cept that there shall be at least 75 percent practi-
443 
tioners on each panel and in each group formed 
from the panel. 
‘‘(c) GUIDANCE.—The Secretary shall issue the peer 
review guidance concurrently with the notice of the grant. 
‘‘(d) REPORTING.—The Secretary shall— 
‘‘(1) make the names of the peer reviewers 
available to the public before the final deadline for 
the application of the grant; 
‘‘(2) make the peer review notes publically 
available once the review has concluded; and 
‘‘(3) make any deviations from the peer review-
ers’ recommendations available to the public with an 
explanation of the deviation. 
‘‘(e) APPLICANT REVIEWS.—An applicant shall have 
an opportunity within 30 days to review the peer review 
notes and appeal the score to the Secretary prior to the 
Secretary making any final determination. 
‘‘(f) PROHIBITION.—The Secretary, and the Sec-
retary’s staff, may not attempt to participate in, or influ-
ence, the peer review process. No Federal employee may 
participate in, or attempt to influence the peer review 
process, except to respond to questions of a technical na-
ture, which shall be publicly reported.
444 
‘‘SEC. 5544. PARENTAL CONSENT. 
‘‘Upon receipt of written notification from the par-
ents or legal guardians of a student, the local educational 
agency shall withdraw such student from any program 
funded under part B of title III. The local educational 
agency shall make reasonable efforts to inform parents or 
legal guardians of the content of such programs or activi-
ties funded under this Act, other than classroom instruc-
tion. 
‘‘SEC. 5548. SEVERABILITY. 
‘‘If any provision of this Act is held invalid, the re-
mainder of this Act shall be unaffected thereby. 
‘‘SEC. 5551. DEPARTMENT STAFF. 
‘‘The Secretary shall— 
‘‘(1) not later than 60 days after the date of 
the enactment of the Student Success Act, identify 
the number of Department employees who worked 
on or administered each education program and 
project authorized under this Act, as such program 
or project was in effect on the day before such en-
actment date, and publish such information on the 
Department’s website; 
‘‘(2) not later than 60 days after such enact-
ment date, identify the number of full-time equiva-
lent employees who work on or administer programs 
or projects authorized under this Act, as in effect on
445 
the day before such enactment date, that have been 
eliminated or consolidated since such date; 
‘‘(3) not later than 1 year after such enactment 
date, reduce the workforce of the Department by the 
number of full-time equivalent employees the De-
partment calculated under paragraph (2); and 
‘‘(4) not later than 1 year after such enactment 
date, report to the Congress on— 
‘‘(A) the number of employees associated 
with each program or project authorized under 
this Act administered by the Department; 
‘‘(B) the number of full-time equivalent 
employees who were determined to be associated 
with eliminated or consolidated programs or 
projects under paragraph (2); 
‘‘(C) how the Secretary reduced the num-
ber of employees at the Department under 
paragraph (3); 
‘‘(D) the average salary of the employees 
described in subparagraph (B) whose positions 
were eliminated; and 
‘‘(E) the average salary of the full-time 
equivalent employees who work on or admin-
ister a program or project authorized under this 
Act by the Department, disaggregated by em-
446 
ployee function with each such program or 
project. 
‘‘SEC. 5552. CRIMINAL BACKGROUND CHECKS. 
‘‘(a) CONDITION OF RECEIPT OF FUNDS.—A local 
educational agency or State educational agency shall be 
ineligible for funds under this Act if such agency— 
‘‘(1) employs an individual who— 
‘‘(A) refuses to consent to a criminal back-
ground check that includes— 
‘‘(i) a search of the State criminal 
registry or repository in the State where 
the individual resides and each State where 
such individual previously resided; 
‘‘(ii) a search of State-based child 
abuse and neglect registries and databases 
in the State where the individual resides 
and each State where such individual pre-
viously resided; 
‘‘(iii) a search of the National Crime 
Information Center; 
‘‘(iv) a Federal Bureau of Investiga-
tion fingerprint check using the Integrated 
Automated Fingerprint Identification Sys-
tem; and
447 
‘‘(v) a search of the National Sex Of-
fender Registry established under the 
Adam Walsh Child Protection and Safety 
Act of 2006 (42 U.S.C. 16901 et seq.); 
‘‘(B) makes a false statement in connec-
tion with such criminal background check; 
‘‘(C) is registered or is required to be reg-
istered on a State sex offender registry or the 
National Sex Offender Registry established 
under the Adam Walsh Child Protection and 
Safety Act of 2006 (42 U.S.C. 16901 et seq.); 
or 
‘‘(D) has been convicted of a felony con-
sisting of— 
‘‘(i) homicide; 
‘‘(ii) child abuse or neglect; 
‘‘(iii) a crime against children, includ-
ing child pornography; 
‘‘(iv) domestic violence; 
‘‘(v) a crime involving rape or sexual 
assault; 
‘‘(vi) kidnapping; 
‘‘(vii) arson; or 
‘‘(viii) physical assault, battery, or a 
drug-related offense, committed on or after
448 
the date that is 5 years before the date of 
the individual’s criminal background check 
under this section; or 
‘‘(2) knowingly facilitates the transfer of an em-
ployee if the agency knows, or has probable cause to 
believe, that the employee engaged in sexual mis-
conduct with a student. 
‘‘(b) FEES FOR BACKGROUND CHECKS.—The Attor-
ney General or a State may charge any applicable fees 
for conducting a criminal background check under this 
section. 
‘‘Subpart 4—Restoration of State Sovereignty Over 
Public Education and Parental Rights Over the 
Education of Their Children 
‘‘SEC. 5561. STATES TO RETAIN RIGHTS AND AUTHORITIES 
THEY DO NOT EXPRESSLY WAIVE. 
‘‘(a) RETENTION OF RIGHTS AND AUTHORITIES.— 
No officer, employee, or other authority of the Secretary 
shall enforce against an authority of a State, nor shall 
any authority of a State have any obligation to obey, any 
requirement imposed as a condition of receiving assistance 
under a grant program established under this Act, nor 
shall such program operate within a State, unless the leg-
islature of that State shall have by law expressly approved 
that program and, in doing so, have waived the State’s
449 
rights and authorities to act inconsistently with any re-
quirement that might be imposed by the Secretary as a 
condition of receiving that assistance. 
‘‘(b) AMENDMENT OF TERMS OF RECEIPT OF FED-
ERAL FINANCIAL ASSISTANCE.—An officer, employee, or 
other authority of the Secretary may release assistance 
under a grant program established under this Act to a 
State only after the legislature of the State has by law 
expressly approved the program (as described in sub-
section (a)). This approval may be accomplished by a vote 
to affirm a State budget that includes the use of such Fed-
eral funds and any such State budget must expressly in-
clude any requirement imposed as a condition of receiving 
assistance under a grant program established under this 
Act so that by approving the budget, the State legislature 
is expressly approving the grant program and, in doing 
so, waiving the State’s rights and authorities to act incon-
sistently with any requirement that might be imposed by 
the Secretary as a condition of receiving that assistance. 
‘‘(c) SPECIAL RULE FOR STATES WITH BIENNIAL 
LEGISLATURES.—In the case of a State with a biennial 
legislature— 
‘‘(1) during a year in which the State legisla-
ture does not meet, subsections (a) and (b) shall not 
apply; and
450 
‘‘(2) during a year in which the State legisla-
ture meets, subsections (a) and (b) shall apply, and, 
with respect to any grant program established under 
this Act during the most recent year in which the 
State legislature did not meet, the State may by law 
expressly disapprove the grant program, and, if such 
disapproval occurs, an officer, employee, or other au-
thority of the Secretary may not release any addi-
tional assistance to the State under that grant pro-
gram. 
‘‘(d) DEFINITION OF STATE AUTHORITY.—As used 
in this section, the term ‘authority of a State’ includes 
any administering agency of the State, any officer or em-
ployee of the State, and any local government authority 
of the State. 
‘‘(e) EFFECTIVE DATE.—This section applies in each 
State beginning on the 90th day after the end of the first 
regular session of the legislature of that State that begins 
5 years after the date of the enactment of the Student 
Success Act and shall continue to apply in subsequent 
years until otherwise provided by law. 
‘‘SEC. 5562. DEDICATION OF SAVINGS TO DEFICIT REDUC-
TION. 
‘‘Notwithstanding any formula reallocations stipu-
lated under the Student Success Act, any funds under
451 
such Act not allocated to a State because a State did not 
affirmatively agree to the receipt of such funds shall not 
be reallocated among the States. 
‘‘SEC. 5563. DEFINITION OF STATE WITH BIENNIAL LEGIS-
LATURE. 
‘‘In this Act, the term ‘State with a biennial legisla-
ture’ means a State the legislature of which meets every 
other year. 
‘‘SEC. 5564. INTENT OF CONGRESS. 
‘‘It is the intent of Congress that other than the 
terms and conditions expressly approved by State law 
under the terms of this subpart, control over public edu-
cation and parental rights to control the education of their 
children are vested exclusively within the autonomous zone 
of independent authority reserved to the States and indi-
vidual Americans by the United States Constitution, other 
than the Federal Government’s undiminishable obligation 
to enforce minimum Federal standards of equal protection 
and due process. 
‘‘PART F—EVALUATIONS 
‘‘SEC. 5601. EVALUATIONS. 
‘‘(a) RESERVATION OF FUNDS.—Except as provided 
in subsections (c) and (d), the Secretary may reserve not 
more than 0.5 percent of the amount appropriated to 
carry out each categorical program authorized under this
452 
Act. The reserved amounts shall be used by the Secretary, 
acting through the Director of the Institute of Education 
Sciences— 
‘‘(1) to conduct— 
‘‘(A) comprehensive evaluations of the pro-
gram or project; and 
‘‘(B) studies of the effectiveness of the pro-
gram or project and its administrative impact 
on schools and local educational agencies; 
‘‘(2) to evaluate the aggregate short- and long- 
term effects and cost efficiencies across Federal pro-
grams assisted or authorized under this Act and re-
lated Federal preschool, elementary, and secondary 
programs under any other Federal law; and 
‘‘(3) to increase the usefulness of evaluations of 
grant recipients in order to ensure the continuous 
progress of the program or project by improving the 
quality, timeliness, efficiency, and use of information 
relating to performance under the program or 
project. 
‘‘(b) REQUIRED
PLAN.—The Secretary, acting 
through the Director of the Institute of Education 
Sciences, may use the reserved amount under subsection 
(a) only after completion of a comprehensive, multi-year 
plan—
453 
‘‘(1) for the periodic evaluation of each of the 
major categorical programs authorized under this 
Act, and as resources permit, the smaller categorical 
programs authorized under this Act; 
‘‘(2) that shall be developed and implemented 
with the involvement of other officials at the Depart-
ment, as appropriate; and 
‘‘(3) that shall not be finalized until— 
‘‘(A) the publication of a notice in the Fed-
eral Register seeking public comment on such 
plan and after review by the Secretary of such 
comments; and 
‘‘(B) the plan is submitted for comment to 
the Committee on Education and the Workforce 
of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pen-
sions of the Senate and after review by the Sec-
retary of such comments. 
‘‘(c) TITLE I EXCLUDED.—The Secretary may not 
reserve under subsection (a) funds appropriated to carry 
out any program authorized under title I. 
‘‘(d) EVALUATION ACTIVITIES AUTHORIZED ELSE-
WHERE.—If, under any other provision of this Act (other 
than title I), funds are authorized to be reserved or used 
for evaluation activities with respect to a program or
454 
project, the Secretary may not reserve additional funds 
under this section for the evaluation of that program or 
project.’’. 
(b) TECHNICAL AMENDMENTS.— 
(1) TITLE IX.— 
(A) SUBPART 1 OF PART E OF TITLE V.— 
(i) 
TRANSFER
AND
REDESIGNA-
TION.—Sections 9504 through 9506 (20 
U.S.C. 7884, 7885, and 7886) are— 
(I) transferred to title V, as 
amended by subsection (a) of this sec-
tion; 
(II) inserted after section 5503 
of such title; and 
(III) redesignated as sections 
5504 through 5506, respectively. 
(ii) AMENDMENTS.—Section 5504 (as 
so redesignated) is amended— 
(I) in subsection (a)(1)(A), by 
striking ‘‘section 9502’’ and inserting 
‘‘section 5502’’; 
(II) in subsection (b), by striking 
‘‘section 9501’’ and inserting ‘‘section 
5501’’; and
455 
(III) in subsection (d), by strik-
ing ‘‘No Child Left Behind Act of 
2001’’ and inserting ‘‘Student Success 
Act’’. 
(B) SUBPART 2 OF PART E OF TITLE V.— 
(i) 
TRANSFER
AND
REDESIGNA-
TION.—Sections 9531, 9533, and 9534 (20 
U.S.C. 7911, 7913, and 7914) are— 
(I) transferred to title V, as 
amended by subparagraph (A) of this 
paragraph; 
(II) inserted after section 5525 
of such title; and 
(III) redesignated as sections 
5526 through 5528, respectively. 
(ii) AMENDMENTS.—Section 5528 (as 
so redesignated) is amended— 
(I) by striking ‘‘(a) IN GEN-
ERAL.—Nothing’’ 
and 
inserting 
‘‘Nothing’’; and 
(II) by striking subsection (b). 
(C) SUBPART 3 OF PART E OF TITLE V.— 
Sections 9523, 9524, and 9525 (20 U.S.C. 
7903, 7904, and 7905) are—
456 
(i) transferred to title V, as amended 
by subparagraph (B) of this paragraph; 
(ii) inserted after section 5544 of such 
title; and 
(iii) redesignated as sections 5545 
through 5547, respectively. 
(2) TITLE IV.—Sections 4141 and 4155 (20 
U.S.C. 7151 and 7161) are— 
(A) transferred to title V, as amended by 
paragraph (1) of this subsection; 
(B) inserted after section 5548 (as so re-
designated by paragraph (1)(C)(iii) of this sub-
section); and 
(C) redesignated as sections 5549 and 
5550, respectively. 
SEC. 502. REPEAL. 
Title IX (20 U.S.C. 7801 et seq.), as amended by 
section 501(b)(1) of this title, is repealed. 
SEC. 503. OTHER LAWS. 
Beginning on the date of the enactment of this Act, 
any reference in law to the term ‘‘highly qualified’’ as de-
fined in section 9101 of the Elementary and Secondary 
Education Act of 1965 shall be treated as a reference to 
such term under section 9101 of the Elementary and Sec-
457 
ondary Education Act of 1965 as in effect on the day be-
fore the date of the enactment of this Act. 
SEC. 504. AMENDMENT TO IDEA. 
Section 602 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1401) is amended by striking para-
graph (10). 
TITLE VI—THE FEDERAL GOV-
ERNMENT’S TRUST RESPON-
SIBILITY TO AMERICAN IN-
DIAN, ALASKA NATIVE, AND 
NATIVE 
HAWAIIAN 
EDU-
CATION 
SEC. 601. THE FEDERAL GOVERNMENT’S TRUST RESPONSI-
BILITY TO AMERICAN INDIAN, ALASKA NA-
TIVE, AND NATIVE HAWAIIAN EDUCATION. 
Title VI of the Act (20 U.S.C. 7301 et seq.) is 
amended to read as follows: 
‘‘TITLE 
VI—THE 
FEDERAL 
GOVERNMENT’S 
TRUST RESPONSIBILITY TO AMERICAN IN-
DIAN, ALASKA NATIVE, AND NATIVE HA-
WAIIAN EDUCATION 
‘‘PART A—INDIAN EDUCATION 
‘‘SEC. 6101. STATEMENT OF POLICY. 
‘‘It is the policy of the United States to fulfill the 
Federal Government’s unique and continuing trust rela-
458 
tionship with, and responsibility to, the Indian people for 
the education of Indian children. The Federal Government 
will continue to work with local educational agencies, In-
dian tribes and organizations, postsecondary institutions, 
and other entities toward the goal of ensuring that pro-
grams that serve Indian children are of the highest quality 
and provide for not only the basic elementary and sec-
ondary educational needs, but also the unique educational 
and culturally related academic needs of these children. 
‘‘SEC. 6102. PURPOSE. 
‘‘It is the purpose of this part to support the efforts 
of local educational agencies, Indian tribes and organiza-
tions, postsecondary institutions, and other entities— 
‘‘(1) to meet the unique educational and cul-
turally related academic needs of American Indian 
and Alaska Native students, so that such students 
can meet State student academic achievement stand-
ards; 
‘‘(2) to ensure that Indian and Alaskan Native 
students gain knowledge and understanding of Na-
tive communities, languages, tribal histories, tradi-
tions, and cultures; and 
‘‘(3) to ensure that school leaders, teachers, and 
other staff who serve Indian and Alaska Native stu-
459 
dents have the ability to provide culturally appro-
priate and effective instruction to such students. 
‘‘SUBPART 1—FORMULA GRANTS TO LOCAL 
EDUCATIONAL AGENCIES 
‘‘SEC. 6111. PURPOSE. 
‘‘It is the purpose of this subpart to support the ef-
forts of local educational agencies, Indian tribes and orga-
nizations, and other entities to improve the academic 
achievement of American Indian and Alaska Native stu-
dents by providing for their unique cultural, language, and 
educational needs and ensuring that they are prepared to 
meet State academic standards. 
‘‘SEC. 6112. GRANTS TO LOCAL EDUCATIONAL AGENCIES 
AND TRIBES. 
‘‘(a) IN GENERAL.—In accordance with this section 
and section 6113, the Secretary may make grants from 
allocations made under section 6113, to— 
‘‘(1) local educational agencies; 
‘‘(2) Indian tribes; 
‘‘(3) Indian organizations; and 
‘‘(4) Alaska Native Organizations 
‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 
‘‘(1) ENROLLMENT
REQUIREMENTS.—A local 
educational agency shall be eligible for a grant under 
this subpart for any fiscal year if the number of In-
460 
dian children eligible under section 6117 who were 
enrolled in the schools of the agency, and to whom 
the agency provided free public education, during 
the preceding fiscal year— 
‘‘(A) was at least 10; or 
‘‘(B) constituted not less than 25 percent 
of the total number of individuals enrolled in 
the schools of such agency. 
‘‘(2) EXCLUSION.—The requirement of para-
graph (1) shall not apply in Alaska, California, or 
Oklahoma, or with respect to any local educational 
agency located on, or in proximity to, an Indian res-
ervation. 
‘‘(c) INDIAN TRIBES, INDIAN ORGANIZATIONS, ALAS-
KA NATIVE ORGANIZATIONS, AND CONSORTIA.— 
‘‘(1) IN GENERAL.—If a local educational agen-
cy that is otherwise eligible for a grant under this 
subpart does not establish a committee under section 
6114(c)(4) for such grant, an Indian tribe, Indian 
organization, Alaska Native Organization, or consor-
tium of such entities that represents not less than 
one-third of the eligible Indian or Alaska Native 
children who are served by such local educational 
agency may apply for such grant. 
‘‘(2) SPECIAL RULE.—
461 
‘‘(A) IN
GENERAL.—The Secretary shall 
treat each Indian tribe, Indian organization, 
Alaska Native Organization, or consortium of 
such entities applying for a grant pursuant to 
paragraph (1) as if such applicant were a local 
educational agency for purposes of this subpart. 
‘‘(B) EXCEPTIONS.—Notwithstanding sub-
paragraph (A), such Indian tribe, Indian orga-
nization, Alaska Native Organization, or con-
sortium of such entities shall not be subject to 
the 
requirements 
of 
section 
6114(c)(5), 
6118(c), or 6119. 
‘‘(3) ELIGIBILITY.—If more than 1 applicant 
qualifies to apply for a grant under paragraph (1), 
the entity that represents the most eligible Indian 
and Alaska Native children who are served by the 
local educational agency shall be eligible to receive 
the grant or the applicants may apply in consortium 
and jointly operate a program. 
‘‘(d) INDIAN
AND ALASKA NATIVE COMMUNITY- 
BASED ORGANIZATIONS.— 
‘‘(1) IN
GENERAL.—If no local educational 
agency pursuant to subsection (b), and no Indian 
tribe, tribal organization, Alaska Native Organiza-
tion, or consortium pursuant to subsection (c), ap-
462 
plies for a grant under this subpart, Indian and 
Alaska Native community-based organizations serv-
ing the community of the local educational agency 
may apply for the grant. 
‘‘(2) APPLICABILITY OF SPECIAL RULE.—The 
Secretary shall apply the special rule in subsection 
(c)(2) to a community-based organization applying 
or receiving a grant under paragraph (1) in the 
same manner as such rule applies to an Indian tribe, 
Indian organization, Alaska Native Organization, or 
consortium. 
‘‘(3) DEFINITION OF INDIAN AND ALASKA NA-
TIVE
COMMUNITY-BASED
ORGANIZATIONS.—In this 
subsection, the term ‘Indian and Alaska Native com-
munity-based organizations’ means any organiza-
tions that— 
‘‘(A) are composed primarily of the family 
members of Indian or Alaska Native students, 
Indian or Alaska Native community members, 
tribal government education officials, and tribal 
members from a specific community; 
‘‘(B) assist in the social, cultural, and edu-
cational development of Indians or Alaska Na-
tives in such community;
463 
‘‘(C) meet the unique cultural, language, 
and academic needs of Indian or Alaska Native 
students; and 
‘‘(D) demonstrate organizational and ad-
ministrative capacity to effectively manage the 
grant. 
‘‘SEC. 6113. AMOUNT OF GRANTS. 
‘‘(a) AMOUNT OF GRANT AWARDS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), the Secretary shall 
allocate to each local educational agency that has an 
approved application under this subpart an amount 
equal to the product of— 
‘‘(A) the number of Indian children who 
are eligible under section 6117 and served by 
such agency; and 
‘‘(B) the greater of— 
‘‘(i) the average per pupil expenditure 
of the State in which such agency is lo-
cated; or 
‘‘(ii) 80 percent of the average per 
pupil expenditure of all the States. 
‘‘(2) REDUCTION.—The Secretary shall reduce 
the amount of each allocation otherwise determined 
under this section in accordance with subsection (e).
464 
‘‘(b) MINIMUM GRANT.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(e), an entity that is eligible for a grant under sec-
tion 6112, and a school that is operated or sup-
ported by the Bureau of Indian Education that is el-
igible for a grant under subsection (d), that submits 
an application that is approved by the Secretary, 
shall, subject to appropriations, receive a grant 
under this subpart in an amount that is not less 
than $3,000. 
‘‘(2) CONSORTIA.—Local educational agencies 
may form a consortium for the purpose of obtaining 
grants under this subpart. 
‘‘(3) INCREASE.—The Secretary may increase 
the minimum grant under paragraph (1) to not 
more than $4,000 for all grantees if the Secretary 
determines such increase is necessary to ensure the 
quality of the programs provided. 
‘‘(c) DEFINITION.—For the purpose of this section, 
the term ‘average per pupil expenditure’, used with respect 
to a State, means an amount equal to— 
‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the 
State, plus any direct current expenditures by the 
State for the operation of such agencies, without re-
465 
gard to the sources of funds from which such local 
or State expenditures were made, during the second 
fiscal year preceding the fiscal year for which the 
computation is made; divided by 
‘‘(2) the aggregate number of children who 
were included in average daily attendance for whom 
such agencies provided free public education during 
such preceding fiscal year. 
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE 
BUREAU OF INDIAN EDUCATION.— 
‘‘(1) IN GENERAL.—Subject to subsection (e), 
in addition to the grants awarded under subsection 
(a), the Secretary shall allocate to the Secretary of 
the Interior an amount equal to the product of— 
‘‘(A) the total number of Indian children 
enrolled in schools that are operated by— 
‘‘(i) the Bureau of Indian Education; 
or 
‘‘(ii) an Indian tribe, or an organiza-
tion controlled or sanctioned by an Indian 
tribal government, for the children of that 
tribe under a contract with, or grant from, 
the Department of the Interior under the 
Indian Self-Determination Act or the Trib-
ally Controlled Schools Act of 1988; and
466 
‘‘(B) the greater of— 
‘‘(i) the average per pupil expenditure 
of the State in which the school is located; 
or 
‘‘(ii) 80 percent of the average per 
pupil expenditure of all the States. 
‘‘(2) SPECIAL RULE.—Any school described in 
paragraph (1)(A) that wishes to receive an allocation 
under this subpart shall submit an application in ac-
cordance with section 6114, and shall otherwise be 
treated as a local educational agency for the purpose 
of this subpart, except that such school shall not be 
subject to section 6114(c)(5), section 6118(c), or 
section 6119. 
‘‘(e) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year to carry out this subpart are 
insufficient to pay in full the amounts determined for local 
educational agencies under subsection (a)(1) and for the 
Secretary of the Interior under subsection (d), each of 
those amounts shall be ratably reduced. 
‘‘SEC. 6114. APPLICATIONS. 
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant under this 
subpart shall submit an application to the Secretary at
467 
such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require. 
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each 
application submitted under subsection (a) shall include 
a description of a comprehensive program for meeting the 
needs of Indian and Alaska Native children served by the 
local educational agency, including the language and cul-
tural needs of the children, that— 
‘‘(1) describes how the comprehensive program 
will offer programs and activities to meet the cul-
turally related academic needs of American Indian 
and Alaska Native students; 
‘‘(2)(A) is consistent with the State, tribal, and 
local plans submitted under other provisions of this 
Act; and 
‘‘(B) includes academic content and stu-
dent academic achievement goals for such chil-
dren, and benchmarks for attaining such goals, 
that are based on State academic content and 
student academic achievement standards adopt-
ed under title I for all children; 
‘‘(3) explains how the local educational agency 
will use the funds made available under this subpart 
to supplement other Federal, State, and local pro-
grams that serve such students;
468 
‘‘(4) demonstrates how funds made available 
under this subpart will be used for activities de-
scribed in section 6115; 
‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to en-
sure that— 
‘‘(A) teachers and other school profes-
sionals who are new to the Indian or Alaska 
Native community are prepared to work with 
Indian and Alaska Native children; 
‘‘(B) all teachers who will be involved in 
programs assisted under this subpart have been 
properly trained to carry out such programs; 
and 
‘‘(C) those family members of Indian and 
Alaska Native children and representatives of 
tribes who are on the committee described in 
(c)(5) will participate in the planning of profes-
sional development materials; 
‘‘(6) describes how the local educational agen-
cy— 
‘‘(A) will periodically assess the progress of 
all Indian children enrolled in the schools of the 
local educational agency, including Indian chil-
dren who do not participate in programs as-
469 
sisted under this subpart, in meeting the goals 
described in paragraph (2); 
‘‘(B) will provide the results of each as-
sessment referred to in subparagraph (A) to— 
‘‘(i) the committee described in sub-
section (c)(5); 
‘‘(ii) the community served by the 
local educational agency; and 
‘‘(iii) the tribes whose children are 
served by the local educational agency; 
‘‘(C) is responding to findings of any pre-
vious assessments that are similar to the as-
sessments described in subparagraph (A); and 
‘‘(7) explicitly delineates— 
‘‘(A) a formal, collaborative process that 
the local educational agency used to directly in-
volve tribes, Indian organizations, or Alaska 
Native Organizations in the development of the 
comprehensive programs and the results of such 
process; and 
‘‘(B) how the local educational agency 
plans to ensure that tribes, Indian organiza-
tions, or Alaska Native Organizations will play 
an active, meaningful, and ongoing role in the 
functioning of the comprehensive programs.
470 
‘‘(c) ASSURANCES.—Each application submitted 
under subsection (a) shall include assurances that— 
‘‘(1) the local educational agency will use funds 
received under this subpart only to supplement the 
funds that, in the absence of the Federal funds 
made available under this subpart, such agency 
would make available for services described in this 
subsection, and not to supplant such funds; 
‘‘(2) the local educational agency will use funds 
received under this subpart only for activities de-
scribed and authorized under this subpart; 
‘‘(3) the local educational agency will prepare 
and submit to the Secretary such reports, in such 
form and containing such information, as the Sec-
retary may require to— 
‘‘(A) carry out the functions of the Sec-
retary under this subpart; and 
‘‘(B) determine the extent to which activi-
ties carried out with funds provided to the local 
educational agency under this subpart are effec-
tive in improving the educational achievement 
of Indian and Alaska Native students served by 
such agency; and
471 
‘‘(C) determine the extent to which such 
activities address the unique cultural, language, 
and educational needs of Indian students; 
‘‘(4) the program for which assistance is 
sought— 
‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs 
of the American Indian and Alaska Native stu-
dents for whom the local educational agency is 
providing an education; 
‘‘(B) will use the best available talents and 
resources, including individuals from the Indian 
or Alaska Native community; and 
‘‘(C) was developed by such agency in open 
consultation with the families of Indian or Alas-
ka Native children, Indian or Alaska Native 
teachers, Indian or Alaska Native students 
from secondary schools, and representatives of 
tribes, Indian organizations, or Alaska Native 
Organizations in the community including 
through public hearings held by such agency to 
provide to the individuals described in this sub-
paragraph a full opportunity to understand the
472 
program and to offer recommendations regard-
ing the program; 
‘‘(5) the local educational agency developed the 
program with the participation and written approval 
of a committee— 
‘‘(A) that is composed of, and selected 
by— 
‘‘(i) family members of Indian and 
Alaska Native children that are attending 
the local educational agency’s schools; 
‘‘(ii) teachers in the schools; and 
‘‘(iii) Indian and Alaska Native stu-
dents attending secondary schools of the 
agency; 
‘‘(B) a majority of whose members are 
family members of Indian and Alaska Native 
children that are attending the local educational 
agency’s schools; 
‘‘(C) that has set forth such policies and 
procedures, including policies and procedures 
relating to the hiring of personnel, as will en-
sure that the program for which assistance is 
sought will be operated and evaluated in con-
sultation with, and with the involvement of,
473 
parents of the children, and representatives of 
the area, to be served; 
‘‘(D) with respect to an application de-
scribing a schoolwide program in accordance 
with section 6115(c), that has— 
‘‘(i) reviewed in a timely fashion the 
program; 
‘‘(ii) determined that the program will 
not diminish the availability of culturally 
related activities for American Indian and 
Alaska Native students; and 
‘‘(iii) will directly enhance the edu-
cational experience of American Indian and 
Alaska Native students; and 
‘‘(E) that has adopted reasonable bylaws 
for the conduct of the activities of the com-
mittee and abides by such bylaws; and 
‘‘(6) the local educational agency conducted 
adequate outreach to family members to meet the 
requirements under subsection (c)(5). 
‘‘SEC. 6115. AUTHORIZED SERVICES AND ACTIVITIES. 
‘‘(a) GENERAL REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this subpart 
shall use the grant funds, in a manner consistent with the
474 
purpose specified in section 6111, for services and activi-
ties that— 
‘‘(1) are designed to carry out the comprehen-
sive program of the local educational agency for In-
dian students, and described in the application of 
the local educational agency submitted to the Sec-
retary under section 6114(a) solely for the services 
and activities described in such application; 
‘‘(2) are designed with special regard for the 
language and cultural needs of the Indian students; 
and 
‘‘(3) supplement and enrich the regular school 
program of such agency. 
‘‘(b) PARTICULAR ACTIVITIES.—The services and ac-
tivities referred to in subsection (a) may include— 
‘‘(1) activities that support Native American 
language immersion programs and Native American 
language restoration programs, which may be taught 
by traditional leaders; 
‘‘(2) culturally related activities that support 
the program described in the application submitted 
by the local educational agency; 
‘‘(3) early childhood and family programs that 
emphasize school readiness;
475 
‘‘(4) enrichment programs that focus on prob-
lem solving and cognitive skills development and di-
rectly support the attainment of challenging State 
academic content and student academic achievement 
standards; 
‘‘(5) integrated educational services in combina-
tion with other programs including programs that 
enhance student achievement by promoting increased 
involvement of parents and families in school activi-
ties; 
‘‘(6) career preparation activities to enable In-
dian students to participate in programs such as the 
programs supported by the Carl D. Perkins Career 
and Technical Education Improvement Act of 2006, 
including programs for tech-prep education, men-
toring, and apprenticeship; 
‘‘(7) activities to educate individuals so as to 
prevent violence, suicide, and substance abuse; 
‘‘(8) the acquisition of equipment, but only if 
the acquisition of the equipment is essential to 
achieve the purpose described in section 6111; 
‘‘(9) activities that promote the incorporation of 
culturally responsive teaching and learning strategies 
into the educational program of the local educational 
agency;
476 
‘‘(10) activities that incorporate culturally and 
linguistically relevant curriculum content into class-
room instruction that is responsive to the unique 
learning styles of Indian and Alaska Native children 
and ensures that children are better able to meet 
State standards; 
‘‘(11) family literacy services; 
‘‘(12) activities that recognize and support the 
unique cultural and educational needs of Indian chil-
dren, and incorporate appropriately qualified tribal 
elders and seniors; 
‘‘(13) dropout prevention strategies for Indian 
and Alaska Native students; and 
‘‘(14) strategies to meet the educational needs 
of at-risk Indian students in correctional facilities, 
including such strategies that support Indian and 
Alaska Native students who are transitioning from 
such facilities to schools served by local educational 
agencies. 
‘‘(c) 
SCHOOLWIDE
PROGRAMS.—Notwithstanding 
any other provision of law, a local educational agency may 
use funds made available to such agency under this sub-
part to support a schoolwide program under section 1114 
if—
477 
‘‘(1) the committee established pursuant to sec-
tion 6114(c)(5) approves the use of the funds for 
the schoolwide program; 
‘‘(2) the schoolwide program is consistent with 
the purpose described in section 6111; and 
‘‘(3) the local educational agency identifies in 
its application how the use of such funds in a 
schoolwide program will produce benefits to the 
American Indian and Alaska Native students that 
would not be achieved if the funds were not used in 
a schoolwide program. 
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 
more than 5 percent of the funds provided to a grantee 
under this subpart for any fiscal year may be used for 
administrative purposes. 
‘‘(e) LIMITATION ON THE USE OF FUNDS.—Funds 
provided to a grantee under this subpart may not be used 
for long-distance travel expenses for training activities 
available locally or regionally. 
‘‘SEC. 6116. INTEGRATION OF SERVICES AUTHORIZED. 
‘‘(a) PLAN.—An entity receiving funds under this 
subpart may submit a plan to the Secretary for the inte-
gration of education and related services provided to In-
dian students.
478 
‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re-
ceipt of an acceptable plan under subsection (a), the Sec-
retary, in cooperation with each Federal agency providing 
grants for the provision of education and related services 
to the entity, shall authorize the entity to consolidate, in 
accordance with such plan, the federally funded education 
and related services programs of the entity and the Fed-
eral programs, or portions of the programs, serving Indian 
students in a manner that integrates the program services 
involved into a single, coordinated, comprehensive pro-
gram and reduces administrative costs by consolidating 
administrative functions. 
‘‘(c) PROGRAMS AFFECTED.—The funds that may be 
consolidated in a demonstration project under any such 
plan referred to in subsection (a) shall include funds for 
any Federal program exclusively serving Indian children, 
or the funds reserved under any Federal program to exclu-
sively serve Indian children, under which the entity is eligi-
ble for receipt of funds under a statutory or administrative 
formula for the purposes of providing education and re-
lated services that would be used to serve Indian students. 
‘‘(d) PLAN REQUIREMENTS.—For a plan to be ac-
ceptable pursuant to subsection (b), the plan shall— 
‘‘(1) identify the programs or funding sources 
to be consolidated;
479 
‘‘(2) be consistent with the objectives of this 
section concerning authorizing the services to be in-
tegrated in a demonstration project; 
‘‘(3) describe a comprehensive strategy that 
identifies the full range of potential educational op-
portunities and related services to be provided to as-
sist Indian students to achieve the objectives set 
forth in this subpart; 
‘‘(4) describe the way in which services are to 
be integrated and delivered and the results expected 
from the plan; 
‘‘(5) identify the projected expenditures under 
the plan in a single budget; 
‘‘(6) identify the State, tribal, or local agency 
or agencies to be involved in the delivery of the serv-
ices integrated under the plan; 
‘‘(7) identify any statutory provisions, regula-
tions, policies, or procedures that the entity believes 
need to be waived in order to implement the plan; 
‘‘(8) set forth measures for academic content 
and student academic achievement goals designed to 
be met within a specific period of time; and 
‘‘(9) be approved by a committee formed in ac-
cordance with section 6114(c)(5), if such a com-
mittee exists.
480 
‘‘(e) PLAN REVIEW.—Upon receipt of the plan from 
an eligible entity, the Secretary shall consult with the Sec-
retary of each Federal department providing funds to be 
used to implement the plan, and with the entity submit-
ting the plan. The parties so consulting shall identify any 
waivers of statutory requirements or of Federal depart-
mental regulations, policies, or procedures necessary to en-
able the entity to implement the plan. Notwithstanding 
any other provision of law, the Secretary of the affected 
department shall have the authority to waive any regula-
tion, policy, or procedure promulgated by that department 
that has been so identified by the entity or department, 
unless the Secretary of the affected department deter-
mines that such a waiver is inconsistent with the objectives 
of this subpart or those provisions of the statute from 
which the program involved derives authority that are spe-
cifically applicable to Indian students. 
‘‘(f) PLAN APPROVAL.—Within 90 days after the re-
ceipt of an entity’s plan by the Secretary, the Secretary 
shall inform the entity, in writing, of the Secretary’s ap-
proval or disapproval of the plan. If the plan is dis-
approved, the entity shall be informed, in writing, of the 
reasons for the disapproval and shall be given an oppor-
tunity to amend the plan or to petition the Secretary to 
reconsider such disapproval.
481 
‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU-
CATION.—Not later than 180 days after the date of enact-
ment of the Student Success Act of 2013, the Secretary 
of Education, the Secretary of the Interior, the Secretary 
of the Department of Health and Human Services, and 
the head of any other Federal department or agency iden-
tified by the Secretary of Education, shall enter into an 
interdepartmental memorandum of agreement providing 
for the implementation and coordination of the demonstra-
tion projects authorized under this section. The lead agen-
cy 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;
482 
‘‘(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 
or reject the plan for providing such technical assist-
ance and the technical assistance provider. 
‘‘(i) REPORT REQUIREMENTS.—A single report for-
mat shall be developed by the Secretary, consistent with 
the requirements of this section. Such report format shall 
require that reports described in subsection (h), together 
with records maintained on the consolidated program at 
the local level, shall contain such information as will allow 
a determination that the eligible entity has complied with 
the requirements incorporated in its approved plan, in-
cluding making a demonstration of student academic 
achievement, and will provide assurances to each Sec-
retary that the eligible entity has complied with all directly 
applicable statutory requirements and with those directly
483 
applicable regulatory requirements that have not been 
waived. 
‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall 
the amount of Federal funds available to an eligible entity 
involved in any demonstration project be reduced as a re-
sult of the enactment of this section. 
‘‘(k) INTERAGENCY FUND TRANSFERS AUTHOR-
IZED.—The Secretary is authorized to take such action 
as may be necessary to provide for an interagency transfer 
of funds otherwise available to an eligible entity in order 
to further the objectives of this section. 
‘‘(l) ADMINISTRATION OF FUNDS.— 
‘‘(1) IN GENERAL.—Program funds for the con-
solidated programs shall be administered in such a 
manner as to allow for a determination that funds 
from a specific program are spent on allowable ac-
tivities authorized under such program, except that 
the eligible entity shall determine the proportion of 
the funds granted that shall be allocated to such 
program. 
‘‘(2) SEPARATE
RECORDS
NOT
REQUIRED.— 
Nothing in this section shall be construed as requir-
ing the eligible entity to maintain separate records 
tracing any services or activities conducted under 
the approved plan to the individual programs under
484 
which funds were authorized for the services or ac-
tivities, nor shall the eligible entity be required to al-
locate expenditures among such individual programs. 
‘‘(m) OVERAGE.—The eligible entity may commingle 
all administrative funds from the consolidated programs 
and shall be entitled to the full amount of such funds 
(under each program’s or agency’s regulations). The over-
age (defined as the difference between the amount of the 
commingled funds and the actual administrative cost of 
the programs) shall be considered to be properly spent for 
Federal audit purposes, if the overage is used for the pur-
poses provided for under this section. 
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this 
part shall be construed so as to interfere with the ability 
of the Secretary or the lead agency to fulfill the respon-
sibilities for the safeguarding of Federal funds pursuant 
to chapter 75 of title 31, United States Code. 
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PRO-
GRAM INTEGRATION.— 
‘‘(1) PRELIMINARY REPORT.—Not later than 2 
years after the date of enactment of the Student 
Success Act of 2013, the Secretary of Education 
shall submit a preliminary report to the Committee 
on Education and the Workforce and the Committee 
on Natural Resources of the House of Representa-
485 
tives and the Committee on Health, Education, 
Labor, and Pensions and the Committee on Indian 
Affairs of the Senate on the status of the implemen-
tation of the demonstration projects authorized 
under this section. 
‘‘(2) FINAL REPORT.—Not later than 5 years 
after the date of enactment of the Student Success 
Act of 2013, the Secretary of Education shall sub-
mit a report to the Committee on Education and the 
Workforce and the Committee on Natural Resources 
of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions and the 
Committee on Indian Affairs of the Senate on the 
results of the implementation of the demonstration 
projects authorized under this section. Such report 
shall identify statutory barriers to the ability of par-
ticipants to integrate more effectively their education 
and related services to Indian students in a manner 
consistent with the objectives of this section. 
‘‘(p) DEFINITIONS.—For the purposes of this section, 
the term ‘Secretary’ means— 
‘‘(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
486 
‘‘(2) the Secretary of Education, in the case of 
any other entity. 
‘‘SEC. 6117. STUDENT ELIGIBILITY FORMS. 
‘‘(a) IN GENERAL.—The Secretary shall require that, 
as part of an application for a grant under this subpart, 
each applicant shall maintain a file, with respect to each 
Indian child for whom the local educational agency pro-
vides a free public education, that contains a form that 
sets forth information establishing the status of the child 
as an Indian child eligible for assistance under this sub-
part, and that otherwise meets the requirements of sub-
section (b). 
‘‘(b) FORMS.—The form described in subsection (a) 
shall include— 
‘‘(1) either— 
‘‘(A)(i) the name of the tribe or band of 
Indians (as defined in section 6151) with re-
spect to which the child claims membership; 
‘‘(ii) the enrollment or membership number 
establishing the membership of the child (if 
readily available); and 
‘‘(iii) the name and address of the organi-
zation that maintains updated and accurate 
membership data for such tribe or band of Indi-
ans; or
487 
‘‘(B) the name, the enrollment or member-
ship number (if readily available), and the name 
and address of the organization responsible for 
maintaining updated and accurate membership 
data, of any parent or grandparent of the child 
from whom the child claims eligibility under 
this subpart, if the child is not a member of the 
tribe or band of Indians (as so defined); 
‘‘(2) a statement of whether the tribe or band 
of Indians (as so defined), with respect to which the 
child, or parent or grandparent of the child, claims 
membership, is federally recognized; 
‘‘(3) the name and address of the parent or 
legal guardian of the child; 
‘‘(4) a signature of the parent or legal guardian 
of the child that verifies the accuracy of the informa-
tion supplied; and 
‘‘(5) any other information that the Secretary 
considers necessary to provide an accurate program 
profile. 
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed to affect a definition contained 
in section 6151. 
‘‘(d) DOCUMENTATION AND TYPES OF PROOF.—
488 
‘‘(1) TYPES OF PROOF.—For purposes of deter-
mining whether a child is eligible to be counted for 
the purpose of computing the amount of a grant 
award under section 6113, the membership of the 
child, or any parent or grandparent of the child, in 
a tribe or band of Indians (as so defined) may be 
established by proof other than an enrollment num-
ber, notwithstanding the availability of an enroll-
ment number for a member of such tribe or band. 
Nothing in subsection (b) shall be construed to re-
quire the furnishing of an enrollment number. 
‘‘(2) NO
NEW
OR
DUPLICATIVE
DETERMINA-
TIONS.—Once a child is determined to be an Indian 
eligible to be counted for such grant award, the local 
education agency shall maintain a record of such de-
termination and shall not require a new or duplicate 
determination to be made for such child for a subse-
quent application for a grant under this subpart. 
‘‘(3) PREVIOUSLY
FILED
FORMS.—An Indian 
student eligibility form that was on file as required 
by this section on the day before the date of enact-
ment of the Student Success Act of 2013 and that 
met the requirements of this section, as this section 
was in effect on the day before the date of enact-
489 
ment of such Act, shall remain valid for such Indian 
student. 
‘‘(e) MONITORING AND EVALUATION REVIEW.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW.—For each fiscal year, in 
order to provide such information as is nec-
essary to carry out the responsibility of the Sec-
retary to provide technical assistance under this 
subpart, the Secretary shall conduct a moni-
toring and evaluation review of a sampling of 
the recipients of grants under this subpart. The 
sampling conducted under this subparagraph 
shall take into account the size of and the geo-
graphic location of each local educational agen-
cy. 
‘‘(B) EXCEPTION.—A local educational 
agency may not be held liable to the United 
States or be subject to any penalty, by reason 
of the findings of an audit that relates to the 
date of completion, or the date of submission, 
of any forms used to establish, before April 28, 
1988, the eligibility of a child for an entitle-
ment under the Indian Elementary and Sec-
ondary School Assistance Act.
490 
‘‘(2) FALSE
INFORMATION.—Any local edu-
cational agency that provides false information in an 
application for a grant under this subpart shall— 
‘‘(A) be ineligible to apply for any other 
grant under this subpart; and 
‘‘(B) be liable to the United States for any 
funds from the grant that have not been ex-
pended. 
‘‘(3) EXCLUDED
CHILDREN.—A student who 
provides false information for the form required 
under subsection (a) shall not be counted for the 
purpose of computing the amount of a grant under 
section 6113. 
‘‘(f) TRIBAL GRANT
AND CONTRACT SCHOOLS.— 
Notwithstanding any other provision of this section, in cal-
culating the amount of a grant under this subpart to a 
tribal school that receives a grant or contract from the 
Bureau of Indian Education, the Secretary shall use only 
one of the following, as selected by the school: 
‘‘(1) A count of the number of students in the 
schools certified by the Bureau. 
‘‘(2) A count of the number of students for 
whom the school has eligibility forms that comply 
with this section.
491 
‘‘(g) TIMING OF CHILD COUNTS.—For purposes of 
determining the number of children to be counted in calcu-
lating the amount of a local educational agency’s grant 
under this subpart (other than in the case described in 
subsection (f)(1)), the local educational agency shall— 
‘‘(1) establish a date on, or a period not longer 
than 31 consecutive days during, which the agency 
counts those children, if that date or period occurs 
before the deadline established by the Secretary for 
submitting an application under section 6114; and 
‘‘(2) determine that each such child was en-
rolled, and receiving a free public education, in a 
school of the agency on that date or during that pe-
riod, as the case may be. 
‘‘SEC. 6118. PAYMENTS. 
‘‘(a) IN GENERAL.—Subject to subsections (b) and 
(c), the Secretary shall pay to each local educational agen-
cy that submits an application that is approved by the Sec-
retary under this subpart the amount determined under 
section 6113. The Secretary shall notify the local edu-
cational agency of the amount of the payment not later 
than June 1 of the year for which the Secretary makes 
the payment. 
‘‘(b) PAYMENTS TAKEN INTO ACCOUNT
BY
THE 
STATE.—The Secretary may not make a grant under this
492 
subpart to a local educational agency for a fiscal year if, 
for such fiscal year, the State in which the local edu-
cational agency is located takes into consideration pay-
ments made under this chapter in determining the eligi-
bility of the local educational agency for State aid, or the 
amount of the State aid, with respect to the free public 
education of children during such fiscal year or the pre-
ceding fiscal year. 
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO 
MAINTAIN FISCAL EFFORT.— 
‘‘(1) IN GENERAL.—The Secretary may not pay 
a local educational agency the full amount of a grant 
award determined under section 6113 for any fiscal 
year unless the State educational agency notifies the 
Secretary, and the Secretary determines, that with 
respect to the provision of free public education by 
the local educational agency for the preceding fiscal 
year, the combined fiscal effort of the local edu-
cational agency and the State, computed on either a 
per student or aggregate expenditure basis, was not 
less than 90 percent of the amount of the combined 
fiscal effort, computed on the same basis, for the 
second preceding fiscal year. 
‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for 
the preceding fiscal year, the Secretary determines
493 
that a local educational agency and State failed to 
maintain the combined fiscal effort for such agency 
at the level specified in paragraph (1), the Secretary 
shall— 
‘‘(A) reduce the amount of the grant that 
would otherwise be made to such agency under 
this subpart in the exact proportion of the fail-
ure to maintain the fiscal effort at such level; 
and 
‘‘(B) not use the reduced amount of the 
agency and State expenditures for the pre-
ceding year to determine compliance with para-
graph (1) for any succeeding fiscal year, but 
shall use the amount of expenditures that would 
have been required to comply with paragraph 
(1). 
‘‘(3) WAIVER.— 
‘‘(A) IN
GENERAL.—The Secretary may 
waive the requirement of paragraph (1) for a 
local educational agency, for not more than 1 
year at a time, if the Secretary determines that 
the failure to comply with such requirement is 
due to exceptional or uncontrollable cir-
cumstances, such as a natural disaster or a pre-
494 
cipitous and unforeseen decline in the agency’s 
financial resources. 
‘‘(B) 
FUTURE
DETERMINATIONS.—The 
Secretary shall not use the reduced amount of 
the agency’s expenditures for the fiscal year 
preceding the fiscal year for which a waiver is 
granted to determine compliance with para-
graph (1) for any succeeding fiscal year, but 
shall use the amount of expenditures that would 
have been required to comply with paragraph 
(1) in the absence of the waiver. 
‘‘(d) REALLOCATIONS.—The Secretary may reallo-
cate, in a manner that the Secretary determines will best 
carry out the purpose of this subpart, any amounts that— 
‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary 
determines will not be needed by such agencies to 
carry out approved programs under this subpart; or 
‘‘(2) otherwise become available for reallocation 
under this subpart. 
‘‘SEC. 6119. STATE EDUCATIONAL AGENCY REVIEW. 
‘‘Before submitting an application to the Secretary 
under section 6114, a local educational agency shall sub-
mit the application to the State educational agency, which 
may comment on such application. If the State educational
495 
agency comments on the application, the agency shall com-
ment on all applications submitted by local educational 
agencies in the State and shall provide those comments 
to the respective local educational agencies, with an oppor-
tunity to respond. 
‘‘SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO 
IMPROVE EDUCATIONAL OPPORTUNITIES
FOR IN-
DIAN CHILDREN AND YOUTH 
‘‘SEC. 6121. SPECIAL PROGRAMS AND PROJECTS TO IM-
PROVE EDUCATIONAL OPPORTUNITIES FOR 
INDIAN CHILDREN AND YOUTH. 
‘‘(a) PURPOSE.— 
‘‘(1) IN GENERAL.—It is the purpose of this 
section to support projects to develop, test, and dem-
onstrate the effectiveness of services and programs 
to improve educational opportunities and achieve-
ment of Indian children and youth. 
‘‘(2) COORDINATION.—The Secretary shall take 
the necessary actions to achieve the coordination of 
activities assisted under this subpart with— 
‘‘(A) other programs funded under this 
Act; and 
‘‘(B) other Federal programs operated for 
the benefit of American Indian and Alaska Na-
tive children and youth.
496 
‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 
‘eligible entity’ means a State educational agency, local 
educational agency, Indian tribe, Indian organization, fed-
erally supported elementary school or secondary school for 
Indian students, Indian institution (including an Indian 
institution of higher education), Alaska Native Organiza-
tion, or a consortium of such entities. 
‘‘(c) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—The Secretary shall award 
grants to eligible entities to enable such entities to 
carry out activities that meet the purpose of this 
section, including— 
‘‘(A) innovative programs related to the 
educational needs of educationally disadvan-
taged children and youth; 
‘‘(B) educational services that are not 
available to such children and youth in suffi-
cient quantity or quality, including remedial in-
struction, to raise the achievement of Indian 
and Alaska Native children in one or more of 
the core academic subjects of English, mathe-
matics, science, foreign languages, art, history, 
and geography; 
‘‘(C) bilingual and bicultural programs and 
projects;
497 
‘‘(D) special health and nutrition services, 
and other related activities, that address the 
special health, social, emotional, and psycho-
logical problems of Indian children; 
‘‘(E) special compensatory and other pro-
grams and projects designed to assist and en-
courage Indian children to enter, remain in, or 
reenter school, and to increase the rate of high 
school graduation for Indian children; 
‘‘(F) comprehensive guidance, counseling, 
and testing services; 
‘‘(G) high quality early childhood education 
programs that are effective in preparing young 
children to make sufficient academic growth by 
the end of grade 3, including kindergarten and 
pre-kindergarten programs, family-based pre-
school programs that emphasize school readi-
ness, screening and referral, and the provision 
of services to Indian children and youth with 
disabilities; 
‘‘(H) partnership projects between local 
educational agencies and institutions of higher 
education that allow secondary school students 
to enroll in courses at the postsecondary level to
498 
aid such students in the transition from sec-
ondary to postsecondary education; 
‘‘(I) partnership projects between schools 
and local businesses for career preparation pro-
grams designed to provide Indian youth with 
the knowledge and skills such youth need to 
make an effective transition from school to a 
high-skill, high-wage career; 
‘‘(J) programs designed to encourage and 
assist Indian students to work toward, and gain 
entrance into, an institution of higher edu-
cation; 
‘‘(K) family literacy services; 
‘‘(L) activities that recognize and support 
the unique cultural and educational needs of In-
dian children, and incorporate appropriately 
qualified tribal elders and seniors; 
‘‘(M) high quality professional development 
of teaching professionals and paraprofessionals; 
or 
‘‘(N) other services that meet the purpose 
described in this section. 
‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— 
‘‘(1) GRANT REQUIREMENTS.—
499 
‘‘(A) IN
GENERAL.—The Secretary may 
make multiyear grants under subsection (c) for 
the planning, development, pilot operation, or 
demonstration of any activity described in sub-
section (c) for a period not to exceed 5 years. 
‘‘(B) PRIORITY.—In making multiyear 
grants described in this paragraph, the Sec-
retary shall give priority to entities submitting 
applications that present a plan for combining 
two or more of the activities described in sub-
section (c) over a period of more than 1 year. 
‘‘(C) PROGRESS.—The Secretary shall 
make a grant payment for a grant described in 
this paragraph to an eligible entity after the 
initial year of the multiyear grant only if the 
Secretary determines that the eligible entity has 
made substantial progress in carrying out the 
activities assisted under the grant in accordance 
with the application submitted under paragraph 
(3) and any subsequent modifications to such 
application. 
‘‘(2) DISSEMINATION GRANTS.— 
‘‘(A) IN GENERAL.—In addition to award-
ing the multiyear grants described in paragraph 
(1), the Secretary may award grants under sub-
500 
section (c) to eligible entities for the dissemina-
tion of exemplary materials or programs as-
sisted under this section. 
‘‘(B) 
DETERMINATION.—The 
Secretary 
may award a dissemination grant described in 
this paragraph if, prior to awarding the grant, 
the Secretary determines that the material or 
program to be disseminated— 
‘‘(i) has been adequately reviewed; 
‘‘(ii) has demonstrated educational 
merit; and 
‘‘(iii) can be replicated. 
‘‘(3) APPLICATION.— 
‘‘(A) IN
GENERAL.—Any eligible entity 
that desires to receive a grant under this sec-
tion shall submit an application to the Sec-
retary at such time and in such manner as the 
Secretary may reasonably require. 
‘‘(B) CONTENTS.—Each application sub-
mitted to the Secretary under subparagraph 
(A), other than an application for a dissemina-
tion grant under paragraph (2), shall contain— 
‘‘(i) a description of how parents of 
Indian children and representatives of In-
dian tribes have been, and will be, involved
501 
in developing and implementing the activi-
ties for which assistance is sought; 
‘‘(ii) assurances that the applicant will 
participate, at the request of the Secretary, 
in any national evaluation of activities as-
sisted under this section; 
‘‘(iii) information demonstrating that 
the proposed program for the activities is 
a scientifically based research program, 
where applicable, which may include a pro-
gram that has been modified to be cul-
turally appropriate for students who will be 
served; 
‘‘(iv) a description of how the appli-
cant will incorporate the proposed activities 
into the ongoing school program involved 
once the grant period is over; and 
‘‘(v) such other assurances and infor-
mation as the Secretary may reasonably 
require. 
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds provided to a grantee under this subpart 
for any fiscal year may be used for administrative pur-
poses.
502 
‘‘SEC. 6122. PROFESSIONAL DEVELOPMENT FOR TEACHERS 
AND EDUCATION PROFESSIONALS. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to increase the number of qualified Indian 
and Alaska Native teachers and administrators serv-
ing Indian and Alaska Native students; 
‘‘(2) to provide training to qualified Indian and 
Alaska Native individuals to become educators and 
education support service professionals; and 
‘‘(3) to improve the skills of qualified Indian in-
dividuals who serve in the capacities described in 
paragraph (2). 
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this 
section, the term ‘eligible entity’ means— 
‘‘(1) an institution of higher education, includ-
ing an Indian institution of higher education; 
‘‘(2) a State educational agency or local edu-
cational agency, in consortium with an institution of 
higher education; 
‘‘(3) an Indian tribe or organization, in consor-
tium with an institution of higher education; and 
‘‘(4) a Bureau-funded school (as defined in sec-
tion 1146 of the Education Amendments of 1978). 
‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants to eligible entities having applica-
503 
tions approved under this section to enable those entities 
to carry out the activities described in subsection (d). 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.—Grant funds under this sec-
tion shall be used for activities to provide support 
and training for Indian individuals in a manner con-
sistent with the purposes of this section. Such activi-
ties may include continuing programs, symposia, 
workshops, conferences, and direct financial support, 
and may include programs designed to train tribal 
elders and seniors. 
‘‘(2) SPECIAL RULES.— 
‘‘(A) TYPE OF TRAINING.—For education 
personnel, the training received pursuant to a 
grant under this section may be inservice or 
preservice training. 
‘‘(B) PROGRAM.—For individuals who are 
being trained to enter any field other than 
teaching, the training received pursuant to a 
grant under this section shall be in a program 
that results in a graduate degree. 
‘‘(e) APPLICATION.—Each eligible entity desiring a 
grant under this section shall submit an application to the 
Secretary at such time, in such manner, and accompanied
504 
by such information, as the Secretary may reasonably re-
quire. At a minimum 
‘‘(f) SPECIAL RULE.—In awarding grants under this 
section, the Secretary— 
‘‘(1) shall consider the prior performance of the 
eligible entity; and 
‘‘(2) may not limit eligibility to receive a grant 
under this section on the basis of— 
‘‘(A) the number of previous grants the 
Secretary has awarded such entity; or 
‘‘(B) the length of any period during which 
such entity received such grants. 
‘‘(g) GRANT PERIOD.—Each grant under this section 
shall be awarded for a period of not more than 5 years. 
‘‘(h) SERVICE OBLIGATION.— 
‘‘(1) IN
GENERAL.—The Secretary shall re-
quire, by regulation, that an individual who receives 
training pursuant to a grant made under this sec-
tion— 
‘‘(A) perform work— 
‘‘(i) related to the training received 
under this section; and 
‘‘(ii) that benefits Indian people; or 
‘‘(B) repay all or a prorated part of the as-
sistance received.
505 
‘‘(2) REPORTING.—The Secretary shall estab-
lish, by regulation, a reporting procedure under 
which a grant recipient under this section shall, not 
later than 12 months after the date of completion of 
the training, and periodically thereafter, provide in-
formation concerning compliance with the work re-
quirement under paragraph (1). 
‘‘SEC. 6123. TRIBAL EDUCATION AGENCIES COOPERATIVE 
AGREEMENTS. 
‘‘(a) PURPOSE.—Tribes may enter into written coop-
erative agreements with the State educational agency and 
the local educational agencies operating a school or schools 
within Indian lands. For purposes of this section, the term 
‘Indian land’ has the meaning given that term in section 
8013. 
‘‘(b) COOPERATIVE AGREEMENT.—If requested by 
the Indian tribe, the State educational agency or the local 
educational agency may enter into a cooperative agree-
ment with the Indian tribe. Such cooperative agreement— 
‘‘(1) may authorize the tribe or such tribe’s re-
spective tribal education agency to plan, conduct, 
consolidate, and administer programs, services, func-
tions, and activities, or portions thereof, adminis-
tered by the State educational agency or the local 
educational agency;
506 
‘‘(2) may authorize the tribe or such tribe’s re-
spective tribal education agency to reallocate funds 
for such programs, services, functions, and activities, 
or portions thereof as necessary; and 
‘‘(3) shall— 
‘‘(A) only confer the tribe or such tribe’s 
respective tribal education agency with respon-
sibilities to conduct activities described in para-
graph (1) such that the burden assumed by the 
tribe or the tribal education agency for con-
ducting such is commensurate with the benefit 
that doing so conveys to all parties of the agree-
ment; and 
‘‘(B) be based solely on terms of the writ-
ten agreement decided upon by the Indian tribe 
and the State educational agency or local edu-
cation agency. 
‘‘(c) DISAGREEMENT.—Agreements shall only be 
valid if the Indian tribe and State educational agency or 
local educational agency agree fully in writing to all of 
the terms of the written cooperative agreement. 
‘‘(d) COMPLIANCE WITH APPLICABLE LAW.—Noth-
ing in this section shall be construed to relieve any party 
to a cooperative agreement from complying with all appli-
cable Federal, State, local laws. State and local edu-
507 
cational agencies are still the ultimate responsible, liable 
parties for complying with all laws and funding require-
ments for any functions that are conveyed to tribes and 
tribal education agencies through the cooperative agree-
ments. 
‘‘(e) DEFINITION.—For the purposes of this subpart, 
the term ‘Indian Tribe’ means any tribe or band that is 
officially recognized by the Secretary of the Interior. 
‘‘SUBPART 3—NATIONAL ACTIVITIES 
‘‘SEC. 6131. NATIONAL RESEARCH ACTIVITIES. 
‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may 
use funds made available to carry out this subpart for each 
fiscal year to— 
‘‘(1) conduct research related to effective ap-
proaches for improving the academic achievement 
and development of Indian and Alaska Native chil-
dren and adults; 
‘‘(2) collect and analyze data on the educational 
status and needs of Indian and Alaska Native stu-
dents; and 
‘‘(3) carry out other activities that are con-
sistent with the purpose of this part. 
‘‘(b) ELIGIBILITY.—The Secretary may carry out any 
of the activities described in subsection (a) directly or 
through grants to, or contracts or cooperative agreements
508 
with, Indian tribes, Indian organizations, State edu-
cational agencies, local educational agencies, institutions 
of higher education, including Indian institutions of higher 
education, and other public and private agencies and insti-
tutions. 
‘‘(c) COORDINATION.—Research activities supported 
under this section— 
‘‘(1) shall be coordinated with appropriate of-
fices within the Department; and 
‘‘(2) may include collaborative research activi-
ties that are jointly funded and carried out by the 
Office of Indian Education Programs, the Office of 
Educational Research and Improvement, the Bureau 
of Indian Education, and the Institute of Education 
Sciences. 
‘‘SEC. 6132. IMPROVEMENT OF ACADEMIC SUCCESS FOR 
STUDENTS 
THROUGH 
NATIVE 
AMERICAN 
LANGUAGE. 
‘‘(a) PURPOSE.—It is the purpose of this section to 
improve educational opportunities and academic achieve-
ment of Indian and Alaska Native students through Na-
tive American language programs and to foster the acqui-
sition of Native American language. 
‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘eligible entity’ means a State educational
509 
agency, local educational agency, Indian tribe, Indian or-
ganization, federally supported elementary school or sec-
ondary school for Indian students, Indian institution (in-
cluding an Indian institution of higher education), or a 
consortium of such entities. 
‘‘(c) GRANTS AUTHORIZED.—The Secretary shall 
award grants to eligible entities to enable such entities to 
carry out the following activities: 
‘‘(1) Native American language programs 
that— 
‘‘(A) provide instruction through the use of 
a Native American language for not less than 
10 children for an average of not less than 500 
hours per year per student; 
‘‘(B) provide for the involvement of par-
ents, caregivers, and families of students en-
rolled in the program; 
‘‘(C) utilize, and may include the develop-
ment of, instructional courses and materials for 
learning Native American languages and for in-
struction through the use of Native American 
languages; 
‘‘(D) provide support for professional de-
velopment activities; and
510 
‘‘(E) include a goal of all students achiev-
ing— 
‘‘(i) fluency in a Native American lan-
guage; and 
‘‘(ii) academic proficiency in mathe-
matics, English, reading or language arts, 
and science. 
‘‘(2) Native American language restoration pro-
grams that— 
‘‘(A) provide instruction in not less than 1 
Native American language; 
‘‘(B) provide support for professional de-
velopment activities for teachers of Native 
American languages; 
‘‘(C) develop instructional materials for the 
programs; and 
‘‘(D) include the goal of increasing pro-
ficiency and fluency in not less than 1 Native 
American language. 
‘‘(d) APPLICATION.— 
‘‘(1) IN GENERAL.—An eligible entity that de-
sires to receive a grant under this section shall sub-
mit an application to the Secretary at such time, in 
such manner, and accompanied by such information 
as the Secretary may require.
511 
‘‘(2) CERTIFICATION.—An eligible entity that 
submits an application for a grant to carry out the 
activity specified in subsection (c)(1), shall include 
in such application a certification that assures that 
such entity has experience and a demonstrated 
record of effectiveness in operating and admin-
istering a Native American language program or any 
other educational program in which instruction is 
conducted in a Native American language. 
‘‘(e) GRANT DURATION.—The Secretary shall make 
grants under this section only on a multi-year basis. Each 
such grant shall be for a period not to exceed 5 years. 
‘‘(f) DEFINITION.—In this section, the term ‘average’ 
means the aggregate number of hours of instruction 
through the use of a Native American language to all stu-
dents enrolled in a Native American language program 
during a school year divided by the total number of stu-
dents enrolled in the program. 
‘‘(g) ADMINISTRATIVE COSTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), not more than 5 percent of the funds pro-
vided to a grantee under this section for any fiscal 
year may be used for administrative purposes. 
‘‘(2) EXCEPTION.—An elementary school or 
secondary school for Indian students that receives
512 
funds from a recipient of a grant under subsection 
(c) for any fiscal year may use not more than 10 
percent of the funds for administrative purposes. 
‘‘SEC. 6133. GRANTS TO TRIBES FOR EDUCATION ADMINIS-
TRATIVE PLANNING AND DEVELOPMENT. 
‘‘(a) IN GENERAL.—The Secretary may make grants 
to Indian tribes, and tribal organizations approved by In-
dian tribes, to plan and develop a centralized tribal admin-
istrative entity to— 
‘‘(1) coordinate all education programs operated 
by the tribe or within the territorial jurisdiction of 
the tribe; 
‘‘(2) develop education codes for schools within 
the territorial jurisdiction of the tribe; 
‘‘(3) provide support services and technical as-
sistance to schools serving children of the tribe; and 
‘‘(4) perform child-find screening services for 
the preschool-aged children of the tribe to— 
‘‘(A) ensure placement in appropriate edu-
cational facilities; and 
‘‘(B) coordinate the provision of any need-
ed special services for conditions such as dis-
abilities and English language skill deficiencies. 
‘‘(b) PERIOD OF GRANT.—Each grant awarded under 
this section may be awarded for a period of not more than
513 
3 years. Such grant may be renewed upon the termination 
of the initial period of the grant if the grant recipient dem-
onstrates to the satisfaction of the Secretary that renew-
ing the grant for an additional 3-year period is necessary 
to carry out the objectives of the grant described in sub-
section (c)(2)(A). 
‘‘(c) APPLICATION FOR GRANT.— 
‘‘(1) IN GENERAL.—Each Indian tribe and trib-
al organization desiring a grant under this section 
shall submit an application to the Secretary at such 
time, in such manner, containing such information, 
and consistent with such criteria, as the Secretary 
may prescribe in regulations. 
‘‘(2) CONTENTS.—Each application described in 
paragraph (1) shall contain— 
‘‘(A) a statement describing the activities 
to be conducted, and the objectives to be 
achieved, under the grant; and 
‘‘(B) a description of the method to be 
used for evaluating the effectiveness of the ac-
tivities for which assistance is sought and for 
determining 
whether 
such 
objectives 
are 
achieved. 
‘‘(3) APPROVAL.—The Secretary may approve 
an application submitted by a tribe or tribal organi-
514 
zation pursuant to this section only if the Secretary 
is satisfied that such application, including any doc-
umentation submitted with the application— 
‘‘(A) demonstrates that the applicant has 
consulted with other education entities, if any, 
within the territorial jurisdiction of the appli-
cant who will be affected by the activities to be 
conducted under the grant; 
‘‘(B) provides for consultation with such 
other education entities in the operation and 
evaluation of the activities conducted under the 
grant; and 
‘‘(C) demonstrates that there will be ade-
quate resources provided under this section or 
from other sources to complete the activities for 
which assistance is sought, except that the 
availability of such other resources shall not be 
a basis for disapproval of such application. 
‘‘(d) RESTRICTION.—A tribe may not receive funds 
under this section if such tribe receives funds under sec-
tion 1144 of the Education Amendments of 1978.