530 
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. 
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‘‘(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.— 
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‘‘(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— 
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‘‘(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. 
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‘‘(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 
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this section shall not be commingled with non- 
Federal funds. 
‘‘SEC. 6502. 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 6501, 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 6501, 6503, and 6504. 
‘‘(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 
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school children, teachers, and other educational personnel 
to participate in the program. 
‘‘SEC. 6503. 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 6501 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. 
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‘‘Subpart 2—Prohibitions 
‘‘SEC. 6521. 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-
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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. 6522. 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 
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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. 
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‘‘(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. 6523. 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. 6524. 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 
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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. 6525. 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; 
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‘‘(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. 6526. 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. 6527. 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-
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ing in this Act shall be construed to require a State to 
participate in any program under this Act. 
‘‘SEC. 6528. LOCAL CONTROL. 
‘‘The Secretary shall not— 
‘‘(1) impose any requirements or exercise any 
governance or authority over school administration, 
including the development and expenditure of 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. 6541. 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 
Act shall provide, upon a request made by a military 
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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). 
‘‘(3) SAME ACCESS TO STUDENTS.—Each local 
educational agency receiving assistance under this 
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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 
Act, notify school leaders, school administrators, and other 
educators about the requirements of this section. 
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‘‘(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. 6542. 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. 6543. 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-
tioners on each panel and in each group formed 
from the panel. 
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‘‘(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. 
‘‘SEC. 6544. 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 
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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. 6545. SEVERABILITY. 
‘‘If any provision of this Act is held invalid, the re-
mainder of this Act shall be unaffected thereby. 
‘‘SEC. 6546. 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 
the day before such enactment date, that have been 
eliminated or consolidated since such date; 
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‘‘SEC. 6547. 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 
‘‘(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.); 
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‘‘(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 
the date that is 5 years before the date of 
the individual’s criminal background check 
under this section; or 
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‘‘(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. 6561. 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 
rights and authorities to act inconsistently with any re-
quirement that might be imposed by the Secretary as a 
condition of receiving that assistance. 
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‘‘(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 
‘‘(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 
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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. 6562. DEDICATION OF SAVINGS TO DEFICIT REDUC-
TION. 
‘‘Notwithstanding any formula reallocations stipu-
lated under the Student Success Act, any funds under 
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. 
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‘‘SEC. 6563. 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. 6564. 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. 6601. 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 
Act. The reserved amounts shall be used by the Secretary, 
acting through the Director of the Institute of Education 
Sciences— 
‘‘(1) to conduct— 
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‘‘(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— 
‘‘(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; 
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‘‘(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 
project, the Secretary may not reserve additional funds 
under this section for the evaluation of that program or 
project.’’. 
(b) TECHNICAL AMENDMENTS.— 
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(1) TITLE IX.— 
(A) SUBPART 1 OF PART E OF TITLE VI.— 
(i) 
TRANSFER
AND
REDESIGNA-
TION.—Sections 9504 through 9506 (20 
U.S.C. 7884, 7885, and 7886) are— 
(I) transferred to title VI, as 
amended by subsection (a) of this sec-
tion; 
(II) inserted after section 6503 
of such title; and 
(III) redesignated as sections 
6504 through 6506, respectively. 
(ii) AMENDMENTS.—Section 6504 (as 
so redesignated) is amended— 
(I) in subsection (a)(1)(A), by 
striking ‘‘section 9502’’ and inserting 
‘‘section 6502’’; 
(II) in subsection (b), by striking 
‘‘section 9501’’ and inserting ‘‘section 
6501’’; and 
(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 VI.— 
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(i) 
TRANSFER
AND
REDESIGNA-
TION.—Sections 9531, 9533, and 9534 (20 
U.S.C. 7911, 7913, and 7914) are— 
(I) transferred to title VI, as 
amended by subparagraph (A) of this 
paragraph; 
(II) inserted after section 6525 
of such title; and 
(III) redesignated as sections 
6526 through 6528, respectively. 
(ii) AMENDMENTS.—Section 6528 (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 VI.— 
Sections 9523, 9524, and 9525 (20 U.S.C. 
7903, 7904, and 7905) are— 
(i) transferred to title VI, as amended 
by subparagraph (B) of this paragraph; 
(ii) inserted after section 6544 of such 
title; and 
(iii) redesignated as sections 6545 
through 6547, respectively. 
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(2) TITLE IV.—Sections 4141 and 4155 (20 
U.S.C. 7151 and 7161) are— 
(A) transferred to title VI, as amended by 
paragraph (1) of this subsection; 
(B) inserted after section 6548 (as so re-
designated by paragraph (1)(C)(iii) of this sub-
section); and 
(C) redesignated as sections 6549 and 
6550, respectively. 
SEC. 602. REPEAL. 
Title IX (20 U.S.C. 7801 et seq.), as amended by 
section 601(b)(1) of this title, is repealed. 
SEC. 603. 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-
ondary Education Act of 1965 as in effect on the day be-
fore the date of the enactment of this Act. 
SEC. 604. 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). 
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TITLE VII—HOMELESS 
EDUCATION 
SEC. 701. STATEMENT OF POLICY. 
Section 721 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11431) is amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) In any State where compulsory residency 
requirements or other requirements, laws, regula-
tions, practices, or policies may act as a barrier to 
the identification, enrollment, attendance, or success 
in school of homeless children and youths, the State 
and local educational agencies will review and under-
take steps to revise such laws, regulations, practices, 
or policies to ensure that homeless children and 
youths are afforded the same free, appropriate pub-
lic education as is provided to other children and 
youths.’’; 
(2) in paragraph (3), by striking ‘‘alone’’; and 
(3) in paragraph (4), by striking ‘‘challenging 
State student academic achievement’’ and inserting 
‘‘State academic’’. 
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SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
Section 722 of such Act (42 U.S.C. 11432) is amend-
ed— 
(1) in subsection (a), by striking ‘‘(g).’’ and in-
serting ‘‘(h).’’; 
(2) by striking subsection (b); 
(3) in subsection (c)— 
(A) in paragraph (1)(A)— 
(i) in clause (i), by adding ‘‘or’’ at the 
end; 
(ii) in clause (ii), by striking ‘‘; or’’ at 
the end and inserting a period; and 
(iii) by striking clause (iii); and 
(B) by striking paragraph (3); 
(4) in subsection (d)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Grants’’ and inserting ‘‘Grant 
funds from a grant made to a State’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) To provide services and activities to im-
prove the identification of homeless children (includ-
ing preschool-aged homeless children and youths) 
that enable such children and youths to enroll in, at-
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tend, and succeed in school, or, if appropriate, in 
preschool programs.’’; 
(C) in paragraph (3), by inserting before 
the period at the end the following: ‘‘that can 
sufficiently carry out the duties described in 
this subtitle’’; and 
(D) by amending paragraph (5) to read as 
follows: 
‘‘(5) To develop and implement professional de-
velopment programs for liaisons designated under 
subsection (g)(1)(J)(ii) and other local educational 
agency personnel— 
‘‘(A) to improve their identification of 
homeless children and youths; and 
‘‘(B) to heighten their awareness of, and 
capacity to respond to, specific needs in the 
education of homeless children and youths.’’; 
(5) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘sums’’ and inserting 
‘‘grant funds’’; and 
(ii) by inserting ‘‘a State under sub-
section (a) to’’ after ‘‘each year to’’; 
(B) in paragraph (2), by striking ‘‘funds 
made available for State use under this sub-
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title’’ and inserting ‘‘the grant funds remaining 
after the State educational agency distributes 
subgrants under paragraph (1)’’; and 
(C) in paragraph (3)— 
(i) in subparagraph (C)(iv)(II), by 
striking ‘‘sections 1111 and 1116’’ and in-
serting ‘‘section 1111’’; and 
(ii) in subparagraph (F)— 
(I) in clause (i)— 
(aa) in the matter preceding 
subclause (I), by striking ‘‘a re-
port’’ and inserting ‘‘an annual 
report’’; 
(bb) by striking ‘‘and’’ at 
the end of subclause (II); 
(cc) by striking the period at 
the end of subclause (III) and in-
serting ‘‘; and’’; and 
(dd) by adding at the end 
the following: 
‘‘(IV) the progress the separate 
schools are making in helping all stu-
dents meet the State academic stand-
ards.’’; and 
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(II) in clause (iii), by striking 
‘‘Not later than 2 years after the date 
of enactment of the McKinney-Vento 
Homeless Education Assistance Im-
provements Act of 2001, the’’ and in-
serting ‘‘The’’; 
(6) by amending subsection (f) to read as fol-
lows: 
‘‘(f) FUNCTIONS
OF
THE
OFFICE
OF
COORDI-
NATOR.—The Coordinator for Education of Homeless 
Children and Youths established in each State shall— 
‘‘(1) gather and make publically available reli-
able, valid, and comprehensive information on— 
‘‘(A) the number of homeless children and 
youths identified in the State, posted annually 
on the State educational agency’s website; 
‘‘(B) the nature and extent of the problems 
homeless children and youths have in gaining 
access to public preschool programs and to pub-
lic elementary schools and secondary schools; 
‘‘(C) the difficulties in identifying the spe-
cial needs and barriers to the participation and 
achievement of such children and youths; 
‘‘(D) any progress made by the State edu-
cational agency and local educational agencies 
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in the State in addressing such problems and 
difficulties; and 
‘‘(E) the success of the programs under 
this subtitle in identifying homeless children 
and youths and allowing such children and 
youths to enroll in, attend, and succeed in, 
school; 
‘‘(2) develop and carry out the State plan de-
scribed in subsection (g); 
‘‘(3) collect data for and transmit to the Sec-
retary, at such time and in such manner as the Sec-
retary may require, a report containing information 
necessary to assess the educational needs of home-
less children and youths within the State, including 
data necessary for the Secretary to fulfill the respon-
sibilities under section 724(h); 
‘‘(4) in order to improve the provision of com-
prehensive education and related support services to 
homeless children and youths and their families, co-
ordinate and collaborate with— 
‘‘(A) educators, including teachers, special 
education personnel, administrators, and child 
development and preschool program personnel; 
‘‘(B) providers of services to homeless chil-
dren and youths and their families, including 
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services of public and private child welfare and 
social services agencies, law enforcement agen-
cies, juvenile and family courts, agencies pro-
viding mental health services, domestic violence 
agencies, child care providers, runaway and 
homeless youth centers, and providers of serv-
ices and programs funded under the Runaway 
and Homeless Youth Act (42 U.S.C. 5701 et 
seq.); 
‘‘(C) providers of emergency, transitional, 
and permanent housing to homeless children 
and youths, and their families, including public 
housing agencies, shelter operators, operators of 
transitional housing facilities, and providers of 
transitional 
living 
programs 
for 
homeless 
youths; 
‘‘(D) local educational agency liaisons des-
ignated under subsection (g)(1)(J)(ii) for home-
less children and youths; and 
‘‘(E) community organizations and groups 
representing homeless children and youths and 
their families; 
‘‘(5) provide technical assistance to local edu-
cational agencies, in coordination with local edu-
cational agency liaisons designated under subsection 
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(g)(1)(J)(ii), to ensure that local educational agen-
cies comply with the requirements of subsection 
(e)(3), paragraphs (3) through (7) of subsection (g), 
and subsection (h); 
‘‘(6) provide professional development opportu-
nities for local educational agency personnel and the 
homeless 
liaison 
designated 
under 
subsection 
(g)(1)(J)(ii) to assist such personnel in meeting the 
needs of homeless children and youths; and 
‘‘(7) respond to inquiries from parents and 
guardians of homeless children and youths and un-
accompanied youths to ensure that each child or 
youth who is the subject of such an inquiry receives 
the full protections and services provided by this 
subtitle.’’; 
(7) by amending subsection (g) to read as fol-
lows: 
‘‘(g) STATE PLAN.— 
‘‘(1) IN GENERAL.—In order to be eligible to 
receive a grant under this section, each State edu-
cational agency shall submit to the Secretary a plan 
to provide for the education of homeless children 
and youths within the State that includes the fol-
lowing: 
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‘‘(A) A description of how such children 
and youths are (or will be) given the oppor-
tunity to meet the same State academic stand-
ards that all students are expected to meet. 
‘‘(B) A description of the procedures the 
State educational agency will use to identify 
such children and youths in the State and to 
assess their needs. 
‘‘(C) A description of procedures for the 
prompt resolution of disputes regarding the 
educational placement of homeless children and 
youths. 
‘‘(D) A description of programs for school 
personnel (including liaisons, school leaders, at-
tendance officers, teachers, enrollment per-
sonnel, and specialized instructional support 
personnel) to heighten the awareness of such 
personnel of the specific needs of homeless ado-
lescents, including runaway and homeless 
youths. 
‘‘(E) A description of procedures that en-
sure that homeless children and youths who 
meet the relevant eligibility criteria are able to 
participate in Federal, State, or local nutrition 
programs. 
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‘‘(F) A description of procedures that en-
sure that— 
‘‘(i) homeless children have equal ac-
cess to public preschool programs, adminis-
tered by the State educational agency or 
local educational agency, as provided to 
other children in the State; 
‘‘(ii) homeless youths and youths sep-
arated from public schools are identified 
and accorded equal access to appropriate 
secondary education and support services; 
and 
‘‘(iii) homeless children and youths 
who meet the relevant eligibility criteria 
are able to participate in Federal, State, or 
local education programs. 
‘‘(G) Strategies to address problems identi-
fied in the report provided to the Secretary 
under subsection (f)(3). 
‘‘(H) Strategies to address other problems 
with respect to the education of homeless chil-
dren and youths, including problems resulting 
from enrollment delays that are caused by— 
‘‘(i) immunization and other health 
records requirements; 
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‘‘(ii) residency requirements; 
‘‘(iii) lack of birth certificates, school 
records, or other documentation; 
‘‘(iv) guardianship issues; or 
‘‘(v) uniform or dress code require-
ments. 
‘‘(I) A demonstration that the State edu-
cational agency and local educational agencies 
in the State have developed, and shall review 
and revise, policies to remove barriers to the 
identification, enrollment, and retention of 
homeless children and youths in schools in the 
State. 
‘‘(J) Assurances that the following will be 
carried out: 
‘‘(i) The State educational agency and 
local educational agencies in the State will 
adopt policies and practices to ensure that 
homeless children and youths are not stig-
matized or segregated on the basis of their 
status as homeless. 
‘‘(ii) Local educational agencies will 
designate an appropriate staff person, who 
may also be a coordinator for other Fed-
eral programs, as a local educational agen-
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cy liaison for homeless children and 
youths, to carry out the duties described in 
paragraph (6)(A). 
‘‘(iii) The State and its local edu-
cational agencies will adopt policies and 
practices to ensure that transportation is 
provided, at the request of the parent or 
guardian (or in the case of an unaccom-
panied youth, the liaison), to and from the 
school of origin, as determined in para-
graph (3)(A), in accordance with the fol-
lowing, as applicable: 
‘‘(I) If the child or youth con-
tinues to live in the area served by the 
local educational agency in which the 
school of origin is located, the child’s 
or youth’s transportation to and from 
the school of origin shall be provided 
or arranged by the local educational 
agency in which the school of origin is 
located. 
‘‘(II) If the child’s or youth’s liv-
ing arrangements in the area served 
by the local educational agency of ori-
gin terminate and the child or youth, 
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though continuing his or her edu-
cation in the school of origin, begins 
living in an area served by another 
local educational agency, the local 
educational agency of origin and the 
local educational agency in which the 
child or youth is living shall agree 
upon a method to apportion the re-
sponsibility and costs for providing 
the child with transportation to and 
from the school of origin. If the local 
educational agencies are unable to 
agree upon such method, the responsi-
bility and costs for transportation 
shall be shared equally. 
‘‘(2) COMPLIANCE.— 
‘‘(A) IN
GENERAL.—Each plan adopted 
under this subsection shall also describe how 
the State will ensure that local educational 
agencies in the State will comply with the re-
quirements of paragraphs (3) through (7). 
‘‘(B) COORDINATION.—Such plan shall in-
dicate what technical assistance the State will 
furnish to local educational agencies and how 
compliance efforts will be coordinated with the 
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‘‘(J) An assurance that the applicant will 
meet the requirements of section 722(g)(3).’’; 
and 
(D) by striking paragraph (4); and 
(4) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘challenging State aca-
demic content standards’’ and inserting 
‘‘State academic standards’’; and 
(ii) by striking ‘‘and challenging State 
student academic achievement standards’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘students with limited 
English 
proficiency,’’ 
and 
inserting 
‘‘English learners,’’; and 
(ii) by striking ‘‘vocational’’ and in-
serting ‘‘career’’; 
(C) in paragraph (3), by striking ‘‘pupil 
services’’ and inserting ‘‘specialized instruc-
tional support’’; 
(D) in paragraph (7), by striking ‘‘, and 
unaccompanied youths,’’ and inserting ‘‘, par-
ticularly homeless children and youths who are 
not enrolled in school,’’; 
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