395 
(C) in subsection (b)(2), by striking ‘‘section 
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 redes-
ignated), by striking ‘‘section 8008(a)’’ and inserting 
‘‘section 4008(a)’’; 
(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 ‘‘section 
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)’’. 
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396 
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: 
‘‘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 oth-
erwise 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 educational agen-
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cies 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-
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 receiving 
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 In-
dividuals with Disabilities Education Act, the 
Secretary shall, for the purpose of this Act, con-
sider the child to be in attendance at a school of 
the agency making the payment. 
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‘‘(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 expenditures, 
during the third fiscal year preceding the 
fiscal year for which the determination 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 agen-
cies; divided by 
‘‘(B) the aggregate number of children in 
average daily attendance to whom those agencies 
provided free public education during that pre-
ceding year. 
‘‘(3) CHARTER
SCHOOL.—The term ‘charter 
school’ means a public school that— 
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‘‘(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 man-
agement of public schools, but not from any rules 
relating to the other requirements of this para-
graph; 
‘‘(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 authorized 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 sec-
tarian 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 
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400 
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; 
‘‘(I) agrees to comply with the same Federal 
and State audit requirements as do other elemen-
tary 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 stu-
dent performance will be measured in charter 
schools pursuant to State assessments that are 
required of other schools and pursuant to any 
other assessments mutually agreeable to the au-
thorized public chartering agency and the char-
ter school; and 
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401 
‘‘(M) may serve prekindergarten or post sec-
ondary students. 
‘‘(4) CHILD.—The term ‘child’ means any person 
within the age limits for which the State provides free 
public education. 
‘‘(5) CHILD
WITH
A
DISABILITY.—The term 
‘child with a disability’ has the same meaning given 
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 services 
to individuals in the community. 
‘‘(7) CONSOLIDATED LOCAL APPLICATION.—The 
term ‘consolidated local application’ means an appli-
cation submitted by a local educational agency pursu-
ant 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. 
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402 
‘‘(9) CONSOLIDATED STATE APPLICATION.—The 
term ‘consolidated State application’ means an appli-
cation submitted by a State educational agency pur-
suant 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. 
‘‘(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 Com-
merce in compiling and reporting data regarding 
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 ‘cur-
rent expenditures’ means expenditures for free public 
education— 
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‘‘(A) including expenditures for administra-
tion, instruction, attendance and health services, 
pupil transportation services, operation and 
maintenance of plant, fixed charges, and net ex-
penditures to cover deficits for food services and 
student body activities; but 
‘‘(B) not including expenditures for commu-
nity services, capital outlay, and debt service, or 
any expenditures made from funds received 
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 nonsynchronously. 
‘‘(18) EDUCATIONAL
SERVICE
AGENCY.—The 
term ‘educational service agency’ means a regional 
public multiservice agency authorized by State statute 
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to develop, manage, and provide services or programs 
to local educational agencies. 
‘‘(19) ELEMENTARY SCHOOL.—The term ‘elemen-
tary school’ means a nonprofit institutional day or 
residential school, including a public elementary 
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 Alaska 
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 
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comes from an environment where a language 
other than English is dominant; and 
‘‘(D) whose difficulties in speaking, reading, 
writing, or understanding the English language 
may be sufficient to deny the individual— 
‘‘(i) the ability to meet the State’s aca-
demic standards described in section 1111; 
‘‘(ii) the ability to successfully achieve 
in classrooms where the language of instruc-
tion 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 member-
ship data submitted annually by State edu-
cational agencies to the National Center for 
Education Statistics under section 153 of 
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406 
the Education Sciences Reform Act, ad-
justed by— 
‘‘(I) adding the students who 
joined that cohort, after the time of the 
determination of the original cohort; 
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 stu-
dent from a cohort, a school or local educational 
agency shall require documentation to confirm 
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that the student has transferred out, emigrated to 
another country, transferred to a prison or juve-
nile 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 reg-
ular 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 
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the student enrolled in the receiving 
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 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 ef-
fective date for student membership data sub-
mitted annually by State educational agencies to 
the National Center for Education Statistics 
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pursuant to section 153 of the Education 
Sciences Reform Act. 
‘‘(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 du-
ration, 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 expe-
riences. 
‘‘(23) FOUR-YEAR ADJUSTED COHORT GRADUA-
TION RATE.— 
‘‘(A) IN GENERAL.—The term ‘four-year ad-
justed cohort graduation rate’ means the ratio 
where— 
‘‘(i) the denominator consists of the 
number of students who form the original 
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410 
cohort of entering first-time 9th grade stu-
dents enrolled in the high school no later 
than the effective date for student member-
ship data submitted annually by State edu-
cational agencies to the National Center for 
Education Statistics pursuant to section 
153 of the Education Sciences Reform Act, 
adjusted by— 
‘‘(I) adding the students who 
joined that cohort, after the time of the 
determination of the original cohort; 
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 
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‘‘(II) a summer session imme-
diately following the fourth year of 
high school. 
‘‘(B) COHORT REMOVAL.—To remove a stu-
dent from a cohort, a school or local educational 
agency shall require documentation to confirm 
that the student has transferred out, emigrated to 
another country, transferred to a prison or juve-
nile 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 reg-
ular 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.— 
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‘‘(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 receiving 
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 ef-
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413 
fective 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. 
‘‘(24) FREE PUBLIC EDUCATION.—The term ‘free 
public education’ means education that is provided— 
‘‘(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 students, 
children, or youth, means students, children, or youth 
who give evidence of high achievement capability in 
areas such as intellectual, creative, artistic, or leader-
ship capacity, or in specific academic fields, and who 
need services or activities not ordinarily provided by 
the school in order to fully develop those capabilities. 
‘‘(26) HIGH-QUALITY ACADEMIC TUTORING.—The 
term ‘high-quality academic tutoring’ means supple-
mental academic services that— 
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‘‘(A) are in addition to instruction provided 
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 students 
who are identified by the local educational agen-
cy as being eligible for such services from among 
providers on the approved provider list described 
in subparagraph (B)(i); 
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415 
‘‘(D) meet all applicable Federal, State, and 
local health, safety, and civil rights laws; and 
‘‘(E) ensure that all instruction and content 
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 dis-
tricts or counties that is recognized in a State as 
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an administrative agency for its public elemen-
tary 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 funded by 
the Bureau of Indian Education but only to the 
extent that including the school makes the school 
eligible for programs for which specific 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 pop-
ulation of the local educational agency receiving 
assistance under this Act with the smallest stu-
dent population, except that the school shall not 
be subject to the jurisdiction of any State edu-
cational agency other than the Bureau of Indian 
Education. 
‘‘(D) EDUCATIONAL SERVICE AGENCIES.— 
The term includes educational service agencies 
and consortia of those agencies. 
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‘‘(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 AMERICAN 
LANGUAGE.—The terms ‘Native American’ and ‘Na-
tive 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 adminis-
trative personnel. 
‘‘(32) OUTLYING
AREA.—The term ‘outlying 
area’— 
‘‘(A) means American Samoa, the Common-
wealth 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 Amendments 
Act of 2003 (Public Law 99–658; 117 Stat. 
2751) and until an agreement for the extension 
of United States education assistance under the 
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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 Federated 
States of Micronesia, to the extent permitted 
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 foster 
parent with whom the child lives, or a person who is 
legally responsible for the child’s welfare). 
‘‘(34) PARENTAL INVOLVEMENT.—The term ‘pa-
rental involvement’ means the participation of par-
ents 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; 
‘‘(B) that parents are encouraged to be ac-
tively involved in their child’s education at 
school; 
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‘‘(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 Serv-
ices Block Grant Act) applicable to a family of the 
size involved. 
‘‘(36) PROFESSIONAL DEVELOPMENT.—The term 
‘professional development’— 
‘‘(A) includes evidence-based, job-embedded, 
continuous activities that— 
‘‘(i) improve and increase teachers’ 
knowledge of the academic subjects the 
teachers teach, and enable teachers to be-
come effective educators; 
‘‘(ii) are an integral part of broad 
schoolwide and districtwide educational im-
provement plans; 
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‘‘(iii) give teachers, school leaders, 
other staff, and administrators the knowl-
edge and skills to provide students with the 
opportunity to meet State academic stand-
ards; 
‘‘(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 work-
shops 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 
knowledge and teaching skills of teachers, 
including through addressing the social and 
emotional development needs of students; 
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‘‘(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 in-
structional staff, the knowledge and skills to 
provide instruction and appropriate lan-
guage and academic support services to 
those children, including the appropriate 
use of curricula and assessments; 
‘‘(xi) to the extent appropriate, provide 
training for teachers, other staff, and school 
leaders in the use of technology so that tech-
nology and technology applications are ef-
fectively used to improve teaching and 
learning in the curricula and core academic 
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subjects in which the students receive in-
struction; 
‘‘(xii) as a whole, are regularly evalu-
ated for their impact on increased teacher 
effectiveness and improved student academic 
achievement, with the findings of the eval-
uations 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 instruc-
tional support personnel, other staff, and 
school administrators may work more effec-
tively 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 
to establish school-based teacher training 
programs that provide prospective teachers 
and new teachers with an opportunity to 
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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 stu-
dents in the State that is fully aligned with 
State standards, or a higher diploma. Such term 
shall not include a GED or other recognized 
equivalent of a diploma, a certificate of attend-
ance, or any lesser diploma award. 
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424 
‘‘(B) EXCEPTION FOR STUDENTS WITH SIG-
NIFICANT COGNITIVE DISABILITIES.—For a stu-
dent who is assessed using an alternate assess-
ment aligned to alternate academic standards 
under section 1111(b)(1)(D), receipt of a regular 
high school diploma as defined under subpara-
graph (A) or a State-defined alternate diploma 
obtained within the time period for which the 
State ensures the availability of a free appro-
priate public education and in accordance with 
section 612(a)(1) of the Individuals with Dis-
abilities Education Act shall be counted as grad-
uating with a regular high school diploma for 
the purposes of this Act. 
‘‘(38) SCHOOL LEADER.—The term ‘school lead-
er’ means a principal, assistant principal, or other 
individual who is— 
‘‘(A) an employee or officer of a school, local 
educational agency, or other entity operating the 
school; and 
‘‘(B) responsible for— 
‘‘(i) the daily instructional leadership 
and managerial operations of the school; 
and 
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‘‘(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 psycholo-
gists, and other qualified professional personnel 
involved in providing assessment, diagnosis, 
counseling, educational, therapeutic, and other 
necessary services (including related services as 
that term is defined in section 602 of the Indi-
viduals with Disabilities Education Act) as part 
of a comprehensive program to meet student 
needs. 
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426 
‘‘(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 Common-
wealth of Puerto Rico, and each of the outlying areas. 
‘‘(43) STATE EDUCATIONAL AGENCY.—The term 
‘State educational agency’ means the agency pri-
marily 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, software 
applications, data systems, and other electronic con-
tent and data storage. 
‘‘SEC. 5102. APPLICABILITY OF TITLE. 
‘‘Parts B, C, D, and E of this title do not apply to 
title IV of this Act. 
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‘‘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 Bu-
reau of Indian Education; 
‘‘(2) a school operated under a contract or grant 
with the Bureau of Indian Education in consortium 
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 or-
ganization, 
shall be given the same consideration as a local educational 
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.— 
‘‘(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). 
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‘‘(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; 
‘‘(D) the dissemination of information re-
garding model programs and practices; 
‘‘(E) technical assistance under any pro-
gram under this Act; 
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‘‘(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 con-
solidates administrative funds under this section shall not 
be required to keep separate records, by individual program, 
to account for costs relating to the administration of pro-
grams included in the consolidation under subsection (a). 
‘‘(d) REVIEW.—To determine the effectiveness of State 
administration under this section, the Secretary may peri-
odically review the performance of State educational agen-
cies in using consolidated administrative funds under this 
section and take such steps as the Secretary finds appro-
priate to ensure the effectiveness of that administration. 
‘‘(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). 
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430 
‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND 
ASSESSMENT DEVELOPMENT.—In order to develop State 
academic standards and assessments, a State educational 
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 duplication 
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- 
Vento Homeless Assistance Act, the amounts allotted 
to the Department of the Interior under those pro-
grams. 
‘‘(2) AGREEMENT.— 
‘‘(A) IN GENERAL.—The Secretary and the 
Secretary of the Interior shall enter into an 
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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 Secretary 
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 Inte-
rior may use not more than 1.5 percent of the funds consoli-
dated under this section for its costs related to the adminis-
tration of the funds transferred under this section. 
‘‘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; 
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‘‘(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 AP-
PLICATIONS. 
‘‘(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 estab-
lish procedures and criteria under which, after con-
sultation 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— 
‘‘(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 
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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 consoli-
dated State application under this section applies. 
‘‘(b) COLLABORATION.— 
‘‘(1) IN GENERAL.—In establishing criteria and 
procedures under this section, the Secretary shall col-
laborate with State educational agencies and, as ap-
propriate, with other State agencies, local educational 
agencies, public and private agencies, organizations, 
and institutions, private schools, and parents, stu-
dents, 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-
tion, assurances, and other material required to be in-
cluded 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 appli-
cable provisions regarding participation by private 
school children and teachers), and other materials 
that are absolutely necessary for the consideration of 
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434 
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. 
‘‘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— 
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435 
‘‘(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 In-
dian tribe, if the law authorizing the program pro-
vides 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 methods 
of administering each such program, including— 
‘‘(A) the enforcement of any obligations im-
posed by law on agencies, institutions, organiza-
tions, and other recipients responsible for car-
rying 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 
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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 program; 
and 
‘‘(B) maintain such records, provide such 
information to the Secretary, and afford such ac-
cess to the records as the Secretary may find nec-
essary 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. 
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‘‘SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICA-
TIONS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) CONSOLIDATED PLAN.—A local educational 
agency receiving funds under more than one covered 
program may submit plans or applications to the 
State educational agency under those programs 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 
consolidated State plan or consolidated State application 
to submit consolidated local plans or applications under 
those programs, but may not require those agencies to sub-
mit separate plans. 
‘‘(c) COLLABORATION.—A State educational agency, in 
consultation with the Governor, shall collaborate with local 
educational agencies in the State in establishing procedures 
for the submission of the consolidated State plans or consoli-
dated State applications under this section. 
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‘‘(d) NECESSARY MATERIALS.—The State educational 
agency shall require only descriptions, information, assur-
ances, 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 application 
under this Act, shall have on file with the State educational 
agency a single set of assurances, applicable to each pro-
gram 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; 
‘‘(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 pro-
vides 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 required 
by the authorizing statutes; 
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439 
‘‘(3) the applicant will adopt and use proper 
methods of administering each such program, includ-
ing— 
‘‘(A) the enforcement of any obligations im-
posed by law on agencies, institutions, organiza-
tions, and other recipients responsible for car-
rying 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; 
‘‘(5) the applicant will use such fiscal control 
and fund accounting procedures as will ensure proper 
disbursement of, and accounting for, Federal funds 
paid to the applicant under each such program; 
‘‘(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 
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440 
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 Secretary 
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. 
‘‘(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 Secretary 
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441 
to waive any statutory or regulatory requirement 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 statu-
tory 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 sub-
section. 
‘‘(b) PLAN.— 
‘‘(1) IN GENERAL.—A State educational agency, 
local educational agency, or Indian tribe that desires 
a waiver under this section shall submit a waiver re-
quest 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 waiv-
er will improve instruction for students and ad-
vance student academic achievement; 
‘‘(D) describes the methods the State edu-
cational agency, local educational agency, or In-
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442 
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 requested. 
‘‘(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— 
‘‘(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 
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443 
educational agency acting on its own behalf, 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 
‘‘(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 accom-
panied by the comments, if any, of the State 
educational agency and the public; and 
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444 
‘‘(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.— 
‘‘(A) ESTABLISHMENT.—The Secretary shall 
establish a multi-disciplinary peer review team, 
which shall meet the requirements of section 
5543, to review waiver requests under this sec-
tion. 
‘‘(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 REVIEW.— 
Peer reviewers shall conduct a good faith review 
of waiver requests submitted to them under this 
section. Peer reviewers shall review such waiver 
requests— 
‘‘(i) in their totality; 
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