184 
‘‘(C) SPECIALLY
QUALIFIED
AGENCY
DE-
FINED.—In this subpart, the term ‘specially 
qualified agency’ means an eligible local edu-
cational agency served by a State educational 
agency that does not participate in a program 
under this subpart in a fiscal year, that may 
apply directly to the Secretary for a grant in 
such year under this subsection. 
‘‘(b) LOCAL AWARDS.— 
‘‘(1) ELIGIBILITY.—A local educational agency 
shall be eligible to receive a grant under this subpart 
if— 
‘‘(A) 20 percent or more of the children ages 
5 through 17 years served by the local edu-
cational agency are from families with incomes 
below the poverty line; and 
‘‘(B) all of the schools served by the agency 
are designated with a school locale code of 32, 
33, 41, 42, 43, as determined by the Secretary. 
‘‘(2) AWARD BASIS.—A State educational agency 
shall award grants to eligible local educational agen-
cies— 
‘‘(A) on a competitive basis; 
‘‘(B) according to a formula based on the 
number of students in average daily attendance 
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served by the eligible local educational agencies 
or schools in the State; or 
‘‘(C) according to an alternative formula, if, 
prior to awarding the grants, the State edu-
cational agency demonstrates, to the satisfaction 
of the Secretary, that the alternative formula en-
ables the State educational agency to allot the 
grant funds in a manner that serves equal or 
greater concentrations of children from families 
with incomes below the poverty line, relative to 
the concentrations that would be served if the 
State educational agency used the formula de-
scribed in subparagraph (B). 
‘‘(c) RESERVATIONS.—From amounts reserved under 
section 1235(a)(1) for this chapter for a fiscal year, the Sec-
retary shall reserve— 
‘‘(1) one-half of 1 percent to make awards to ele-
mentary schools or secondary schools operated or sup-
ported by the Bureau of Indian Education, to carry 
out the activities authorized under this chapter; and 
‘‘(2) one-half of 1 percent to make awards to the 
outlying areas in accordance with their respective 
needs, to carry out the activities authorized under this 
chapter. 
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‘‘SEC. 1236. USES OF FUNDS. 
‘‘(a) LOCAL AWARDS.—Grant funds awarded to local 
educational agencies under this chapter shall be used for 
activities authorized under any of the following: 
‘‘(1) Part A of title I. 
‘‘(2) Title II. 
‘‘(3) Title III. 
‘‘(b) ADMINISTRATIVE COSTS.—A State educational 
agency receiving a grant under this chapter may not use 
more than 5 percent of the amount of the grant for State 
administrative costs and to provide technical assistance to 
eligible local educational agencies. 
‘‘SEC. 1237. APPLICATIONS. 
‘‘(a) IN GENERAL.—Each State educational agency or 
specially qualified agency desiring to receive a grant under 
this chapter shall submit an application to the Secretary 
at such time and in such manner as the Secretary may 
require. 
‘‘(b) CONTENTS.—Each application submitted under 
subsection (a) shall include— 
‘‘(1) a description of how the State educational 
agency or specially qualified agency will ensure eligi-
ble local educational agencies receiving a grant under 
this chapter will use such funds to help students meet 
the 
State 
academic 
standards 
under 
section 
1111(b)(1); 
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‘‘(2) if the State educational agency or specially 
qualified agency will competitively award grants to 
eligible local educational agencies, as described in sec-
tion 1235(b)(2)(A), the application under the section 
shall include— 
‘‘(A) the methods and criteria the State edu-
cational agency or specially qualified agency 
will use for reviewing applications and awards 
funds to local educational agencies on a competi-
tive basis; and 
‘‘(B) how the State educational agency or 
specially qualified agency will notify eligible 
local educational agencies of the grant competi-
tion; and 
‘‘(3) a description of how the State educational 
agency or specially qualified agency will provide tech-
nical assistance to eligible local educational agencies 
to help such agencies implement the activities de-
scribed in section 1236(a). 
‘‘SEC. 1238. ACCOUNTABILITY. 
‘‘(a) STATE REPORT.—Each State educational agency 
or specially qualified agency that receives a grant under 
this chapter shall prepare and submit an annual report to 
the Secretary. The report shall describe— 
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‘‘(1) the methods and criteria the State edu-
cational agency or specially qualified agency used to 
award grants to eligible local educational agencies, 
and to provide assistance to schools, under this chap-
ter; 
‘‘(2) how local educational agencies and schools 
used funds provided under this chapter; and 
‘‘(3) the degree to which progress has been made 
toward having all students meet the State academic 
standards under section 1111(b)(1). 
‘‘(b) REPORT TO CONGRESS.—The Secretary shall pre-
pare and submit to the Committee on Education and the 
Workforce of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions of the 
Senate a biennial report. The report shall describe— 
‘‘(1) how State local educational agencies, local 
educational agencies, and schools used funds provided 
under this chapter; and 
‘‘(2) the degree to which progress has been made 
toward having all students meet the State academic 
standards under section 1111(b)(1). 
‘‘SEC. 1239. CHOICE OF PARTICIPATION. 
‘‘(a) IN GENERAL.—If a local educational agency is 
eligible for funding under chapters A and B of this subpart, 
such local educational agency may receive funds under ei-
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189 
ther chapter A or chapter B for a fiscal year, but may not 
receive funds under both chapters. 
‘‘(b) NOTIFICATION.—A local educational agency eligi-
ble for both chapters A and B of this subpart shall notify 
the Secretary and the State educational agency under which 
of such chapters such local educational agency intends to 
receive funds for a fiscal year by a date that is established 
by the Secretary for the notification. 
‘‘CHAPTER C—GENERAL PROVISIONS 
‘‘SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETER-
MINATION. 
‘‘(a) CENSUS
DETERMINATION.—Each local edu-
cational agency desiring a grant under section 1231 and 
each local educational agency or specially qualified agency 
desiring a grant under chapter B shall— 
‘‘(1) not later than December 1 of each year, con-
duct a census to determine the number of students in 
average daily attendance in kindergarten through 
grade 12 at the schools served by the agency; and 
‘‘(2) not later than March 1 of each year, submit 
the number described in paragraph (1) to the Sec-
retary (and to the State educational agency, in the 
case of a local educational agency seeking a grant 
under subpart 2). 
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‘‘(b) PENALTY.—If the Secretary determines that a 
local educational agency or specially qualified agency has 
knowingly submitted false information under subsection (a) 
for the purpose of gaining additional funds under section 
1231 or chapter B, then the agency shall be fined an amount 
equal to twice the difference between the amount the agency 
received under this section and the correct amount the agen-
cy would have received under section 1231 or chapter B 
if the agency had submitted accurate information under 
subsection (a). 
‘‘SEC. 1242. SUPPLEMENT, NOT SUPPLANT. 
‘‘Funds made available under chapter A or chapter B 
shall be used to supplement, and not supplant, any other 
Federal, State, or local education funds. 
‘‘SEC. 1243. RULE OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed to prohibit 
a local educational agency that enters into cooperative ar-
rangements with other local educational agencies for the 
provision of special, compensatory, or other education serv-
ices, pursuant to State law or a written agreement, from 
entering into similar arrangements for the use, or the co-
ordination of the use, of the funds made available under 
this subpart. 
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192 
priate instruction to meet the unique academic needs 
of such students. 
‘‘CHAPTER A—FORMULA GRANTS TO 
LOCAL EDUCATIONAL AGENCIES 
‘‘SEC. 1261. PURPOSE. 
‘‘It is the purpose of this chapter to support local edu-
cational agencies in their efforts to reform elementary school 
and secondary school programs that serve Indian students 
in order to ensure that such programs are designed to— 
‘‘(1) meet the unique educational needs of such 
students; and 
‘‘(2) ensure that such students have the oppor-
tunity to meet the State academic standards. 
‘‘SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES 
AND TRIBES. 
‘‘(a) IN
GENERAL.—From amounts appropriated 
under section 3(a)(1), the Secretary shall reserve .6 of one 
percent to local educational agencies and Indian tribes in 
accordance with this section and section 1263. 
‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 
‘‘(1) ENROLLMENT
REQUIREMENTS.—A local 
educational agency shall be eligible for a grant under 
this chapter for any fiscal year if the number of In-
dian children eligible under section 1267 who were 
enrolled in the schools of the agency, and to whom the 
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agency provided free public education, during the pre-
ceding fiscal year— 
‘‘(A) was at least 10; or 
‘‘(B) constituted not less than 25 percent of 
the total number of individuals enrolled in the 
schools of such agency. 
‘‘(2) EXCLUSION.—The requirement of para-
graph (1) shall not apply in Alaska, California, or 
Oklahoma, or with respect to any local educational 
agency located on, or in proximity to, an Indian res-
ervation. 
‘‘(c) INDIAN TRIBES.— 
‘‘(1) IN GENERAL.—If a local educational agency 
that is otherwise eligible for a grant under this chap-
ter does not establish a committee under section 
1264(c)(4) for such grant, an Indian tribe or a con-
sortium of such entities that represents not less than 
1⁄3 of the eligible Indian children who are served by 
such local educational agency may apply for such 
grant. 
‘‘(2) SPECIAL RULE.—The Secretary shall treat 
each Indian tribe or consortium of such entities ap-
plying for a grant pursuant to paragraph (1) as if 
such Indian tribe were a local educational agency for 
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purposes of this chapter, except that any such tribe is 
not subject to section 1264(c)(4) or section 1269. 
‘‘(3) ELIGIBILITY.—If more than 1 Indian tribe 
qualifies to apply for a grant under paragraph (1), 
the entity that represents the most eligible Indian 
children who are served by the local educational agen-
cy shall be eligible to receive the grant or the tribes 
may choose to apply in consortium. 
‘‘SEC. 1263. AMOUNT OF GRANTS. 
‘‘(a) AMOUNT OF GRANT AWARDS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), the Secretary shall al-
locate to each local educational agency that has an 
approved application under this chapter an amount 
equal to the product of— 
‘‘(A) the number of Indian children who are 
eligible under section 1267 and served by such 
agency; and 
‘‘(B) the greater of— 
‘‘(i) the average per pupil expenditure 
of the State in which such agency is located; 
or 
‘‘(ii) 80 percent of the average per 
pupil expenditure of all the States. 
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‘‘(2) REDUCTION.—The Secretary shall reduce 
the amount of each allocation otherwise determined 
under this section in accordance with subsection (e). 
‘‘(b) MINIMUM GRANT.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(e), an entity that is eligible for a grant under section 
1262, and a school that is operated or supported by 
the Bureau of Indian Education that is eligible for a 
grant under subsection (d), that submits an applica-
tion that is approved by the Secretary, shall, subject 
to appropriations, receive a grant under this chapter 
in an amount that is not less than $3,000. 
‘‘(2) CONSORTIA.—Local educational agencies 
may form a consortium with other local educational 
agencies or Indian tribes for the purpose of obtaining 
grants under this chapter. 
‘‘(3) INCREASE.—The Secretary may increase 
the minimum grant under paragraph (1) to not more 
than $4,000 for all grantees if the Secretary deter-
mines such an increase is necessary to ensure the 
quality of the programs provided. 
‘‘(c) DEFINITION.—For the purpose of this section, the 
term ‘average per pupil expenditure’, used with respect to 
a State, means an amount equal to— 
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‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the State, 
plus any direct current expenditures by the State for 
the operation of such agencies, without regard to the 
sources of funds from which such local or State ex-
penditures were made, during the second fiscal year 
preceding the fiscal year for which the computation is 
made; divided by 
‘‘(2) the aggregate number of children who were 
included in average daily attendance for whom such 
agencies provided free public education during such 
preceding fiscal year. 
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BU-
REAU OF INDIAN EDUCATION.— 
‘‘(1) IN GENERAL.—Subject to subsection (e), in 
addition to the grants awarded under subsection (a), 
the Secretary shall allocate to the Secretary of the In-
terior an amount equal to the product of— 
‘‘(A) the total number of Indian children 
enrolled in schools that are operated by— 
‘‘(i) the Bureau of Indian Education; 
or 
‘‘(ii) an Indian tribe, or an organiza-
tion controlled or sanctioned by an Indian 
tribal government, for the children of that 
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tribe under a contract with, or grant from, 
the Department of the Interior under the 
Indian Self-Determination Act or the Trib-
ally Controlled Schools Act of 1988; and 
‘‘(B) the greater of— 
‘‘(i) the average per pupil expenditure 
of the State in which the school is located; 
or 
‘‘(ii) 80 percent of the average per 
pupil expenditure of all the States. 
‘‘(2) SPECIAL RULE.—Any school described in 
paragraph (1)(A) that wishes to receive an allocation 
under this chapter shall submit an application in ac-
cordance with section 1264, and shall otherwise be 
treated as a local educational agency for the purpose 
of this chapter, except that such school shall not be 
subject to section 1264(c)(4) or section 1269. 
‘‘(e) RATABLE REDUCTIONS.—If the sums reserved for 
any fiscal year under section 1262(a) are insufficient to 
pay in full the amounts determined for local educational 
agencies under subsection (a)(1) and for the Secretary of 
the Interior under subsection (d), each of those amounts 
shall be ratably reduced. 
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‘‘SEC. 1264. APPLICATIONS. 
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant under this 
chapter shall submit an application to the Secretary at such 
time and in such manner as the Secretary may reasonably 
require. 
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each 
application submitted under subsection (a) shall include a 
description of a comprehensive program for meeting the 
needs of Indian children served by the local educational 
agency, including the language and cultural needs of the 
children, that— 
‘‘(1) describes how the comprehensive program 
will offer programs and activities to meet the cul-
turally related academic needs of American Indian 
and Alaska Native students; 
‘‘(2)(A) is aligned with and supports the State 
and local plans submitted under other provisions of 
this Act; and 
‘‘(B) includes academic standards for such chil-
dren that are based on the State academic standards 
adopted under subpart 1 for all children; 
‘‘(3) explains how the local educational agency 
will use the funds made available under this chapter 
to supplement other Federal, State, and local pro-
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grams, especially programs carried out under subpart 
1, to meet the needs of such students; 
‘‘(4) demonstrates how funds made available 
under this chapter will be used for activities described 
in section 1265; 
‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to ensure 
that— 
‘‘(A) teachers, school leaders, and other 
school professionals who are new to the Indian 
community are prepared to work with Indian 
children; and 
‘‘(B) all teachers who will be involved in 
programs assisted under this chapter have been 
properly trained to carry out such programs; 
and 
‘‘(6) describes how the local educational agen-
cy— 
‘‘(A) will periodically assess the progress of 
all Indian children enrolled in the schools of the 
local educational agency, including Indian chil-
dren who do not participate in programs as-
sisted under this chapter, in meeting the stand-
ards described in paragraph (2); 
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‘‘(B) will provide the results of each assess-
ment referred to in subparagraph (A) to— 
‘‘(i) the committee described in sub-
section (c)(4); and 
‘‘(ii) the community, including Indian 
tribes, whose children are served by the local 
educational agency; and 
‘‘(C) is responding to findings of any pre-
vious assessments that are similar to the assess-
ments described in subparagraph (A); and 
‘‘(7) describes the processes the local educational 
agency used to collaborate with Indian tribes in the 
community in the development of the comprehensive 
programs. 
‘‘(c) 
ASSURANCES.—Each 
application 
submitted 
under subsection (a) shall include assurances that— 
‘‘(1) the local educational agency will use funds 
received under this chapter only to supplement the 
funds that, in the absence of the Federal funds made 
available under this chapter, such agency would make 
available for the education of Indian children, and 
not to supplant such funds; 
‘‘(2) the local educational agency will prepare 
and submit to the Secretary such reports in such form 
as the Secretary may require to— 
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‘‘(A) carry out the functions of the Sec-
retary under this chapter; and 
‘‘(B) determine the extent to which activi-
ties carried out with funds provided to the local 
educational agency under this chapter are effec-
tive in improving the educational achievement of 
Indian students served by such agency; 
‘‘(3) the program for which assistance is 
sought— 
‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs of 
the American Indian and Alaska Native students 
for whom the local educational agency is pro-
viding an education; 
‘‘(B) will use the best available talents and 
resources, including individuals from the Indian 
community; and 
‘‘(C) was developed by such agency in open 
consultation with parents of Indian children and 
teachers, and, if appropriate, Indian students 
from secondary schools, including through public 
hearings held by such agency to provide to the 
individuals described in this subparagraph a full 
opportunity to understand the program and to 
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offer recommendations regarding the program; 
and 
‘‘(4) the local educational agency developed the 
program with the participation and written approval 
of a committee— 
‘‘(A) that is composed of, and selected by— 
‘‘(i) parents of Indian children in the 
local educational agency’s schools; 
‘‘(ii) teachers in the schools; and 
‘‘(iii) if appropriate, Indian students 
attending secondary schools of the agency; 
‘‘(B) a majority of whose members are par-
ents of Indian children; 
‘‘(C) that has set forth such policies and 
procedures, including policies and procedures re-
lating to the hiring of personnel, as will ensure 
that the program for which assistance is sought 
will be operated and evaluated in consultation 
with, and with the involvement of, parents of the 
children, and representatives of the area, to be 
served; 
‘‘(D) with respect to an application describ-
ing a schoolwide program in accordance with 
section 1265(c), that has— 
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‘‘(i) reviewed in a timely fashion the 
program; and 
‘‘(ii) determined that the program will 
not diminish the availability of culturally 
related activities for American Indian and 
Alaska Native students; and 
‘‘(E) that has adopted reasonable bylaws for 
the conduct of the activities of the committee and 
abides by such bylaws. 
‘‘SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES. 
‘‘(a) GENERAL
REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this chapter 
shall use the grant funds, in a manner consistent with the 
purpose specified in section 1261, for services and activities 
that— 
‘‘(1) are designed to carry out the comprehensive 
program of the local educational agency for Indian 
students, and described in the application of the local 
educational agency submitted to the Secretary under 
section 1264(a); 
‘‘(2) are designed with special regard for the lan-
guage and cultural needs of the Indian students; and 
‘‘(3) supplement and enrich the regular school 
program of such agency. 
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‘‘(b) PARTICULAR ACTIVITIES.—The services and ac-
tivities referred to in subsection (a) may include— 
‘‘(1) culturally related activities that support the 
program described in the application submitted by 
the local educational agency; 
‘‘(2) early childhood and family programs that 
emphasize school readiness; 
‘‘(3) enrichment programs that focus on problem 
solving and cognitive skills development and directly 
support the attainment of State academic standards; 
‘‘(4) integrated educational services in combina-
tion with other programs that meet the needs of In-
dian children and their families; 
‘‘(5) programs that help engage parents and 
tribes to meet the unique educational needs of Indian 
children; 
‘‘(6) career preparation activities to enable In-
dian students to participate in programs such as the 
programs supported by the Carl D. Perkins Career 
and Technical Education Act of 2006; 
‘‘(7) activities to educate individuals concerning 
the prevention of substance abuse, violence, and sui-
cide; 
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‘‘(8) the acquisition of equipment, but only if the 
acquisition of the equipment is essential to achieve the 
purpose described in section 1261; 
‘‘(9) activities that promote the incorporation of 
culturally responsive teaching and learning strategies 
into the educational program of the local educational 
agency; 
‘‘(10) activities that incorporate American In-
dian and Alaska Native specific curriculum content, 
consistent with State academic standards into the 
curriculum used by the local educational agency; 
‘‘(11) family literacy services; and 
‘‘(12) activities that recognize and support the 
unique cultural and educational needs of Indian chil-
dren, and incorporate appropriately qualified tribal 
elders and seniors. 
‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any 
other provision of law, a local educational agency may use 
funds made available to such agency under this chapter to 
support a schoolwide program under section 1114 if— 
‘‘(1) the committee established pursuant to sec-
tion 1264(c)(4) approves the use of the funds for the 
schoolwide program; and 
‘‘(2) the schoolwide program is consistent with 
the purpose described in section 1261. 
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‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 
more than 5 percent of the funds provided to a grantee 
under this chapter for any fiscal year may be used for ad-
ministrative purposes. 
‘‘(e) LIMITATION ON USE OF FUNDS.—Funds provided 
to a grantee under this chapter may not be used for long- 
distance travel expenses for training activities available lo-
cally or regionally. 
‘‘SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED. 
‘‘(a) PLAN.—An entity receiving funds under this 
chapter may submit a plan to the Secretary for the integra-
tion of education and related services provided to Indian 
students. 
‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re-
ceipt of an acceptable plan under subsection (a), the Sec-
retary, in cooperation with each Federal agency providing 
grants for the provision of education and related services 
to the entity, shall authorize the entity to consolidate, in 
accordance with such plan, the federally funded education 
and related services programs of the entity and the Federal 
programs, or portions of the programs, serving Indian stu-
dents in a manner that integrates the program services in-
volved into a single, coordinated, comprehensive program 
and reduces administrative costs by consolidating adminis-
trative functions. 
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‘‘(c) PROGRAMS AFFECTED.—The funds that may be 
consolidated in a demonstration project under any such 
plan referred to in subsection (a) shall include funds for 
any Federal program exclusively serving Indian children, 
or the funds reserved under any Federal program to exclu-
sively serve Indian children, under which the entity is eligi-
ble for receipt of funds under a statutory or administrative 
formula for the purposes of providing education and related 
services that would be used to serve Indian students. 
‘‘(d) PLAN REQUIREMENTS.—For a plan to be accept-
able pursuant to subsection (b), the plan shall— 
‘‘(1) identify the programs or funding sources to 
be consolidated; 
‘‘(2) be consistent with the objectives of this sec-
tion concerning authorizing the services to be inte-
grated in a demonstration project; 
‘‘(3) describe a comprehensive strategy that iden-
tifies the full range of potential educational opportu-
nities and related services to be provided to assist In-
dian students to achieve the objectives set forth in this 
chapter; 
‘‘(4) describe the way in which services are to be 
integrated and delivered and the results expected from 
the plan; 
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‘‘(5) identify the projected expenditures under 
the plan in a single budget; 
‘‘(6) identify the State, tribal, or local agency or 
agencies to be involved in the delivery of the services 
integrated under the plan; 
‘‘(7) identify any statutory provisions, regula-
tions, policies, or procedures that the entity believes 
need to be waived in order to implement the plan; 
‘‘(8) set forth measures for student academic 
achievement consistent with State academic standards 
under section 1111(b)(1); and 
‘‘(9) be approved by a committee formed in ac-
cordance with section 1264(c)(4), if such a committee 
exists. 
‘‘(e) PLAN REVIEW.—Upon receipt of the plan from 
an eligible entity, the Secretary shall consult with the Sec-
retary of each Federal department providing funds to be 
used to implement the plan, and with the entity submitting 
the plan. The parties so consulting shall identify any waiv-
ers of statutory requirements or of Federal departmental 
regulations, policies, or procedures necessary to enable the 
entity to implement the plan. Notwithstanding any other 
provision of law, the Secretary of the affected department 
shall have the authority to waive any regulation, policy, 
or procedure promulgated by that department that has been 
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so identified by the entity or department, unless the Sec-
retary of the affected department determines that such a 
waiver is inconsistent with the objectives of this chapter or 
those provisions of the statute from which the program in-
volved derives authority that are specifically applicable to 
Indian students. 
‘‘(f) PLAN APPROVAL.—Within 90 days after the re-
ceipt of an entity’s plan by the Secretary, the Secretary 
shall inform the entity, in writing, of the Secretary’s ap-
proval or disapproval of the plan. If the plan is dis-
approved, the entity shall be informed, in writing, of the 
reasons for the disapproval and shall be given an oppor-
tunity to amend the plan or to petition the Secretary to 
reconsider such disapproval. 
‘‘(g) RESPONSIBILITIES
OF DEPARTMENT
OF EDU-
CATION.—The Secretary of Education, the Secretary of the 
Interior, and the head of any other Federal department or 
agency identified by the Secretary of Education, shall enter 
into an interdepartmental memorandum of agreement pro-
viding for the implementation and coordination of the dem-
onstration projects authorized under this section. The lead 
agency head for a demonstration project under this section 
shall be— 
‘‘(1) the Secretary of the Interior, in the case of 
an entity meeting the definition of a contract or 
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grant school under title XI of the Education Amend-
ments of 1978; or 
‘‘(2) the Secretary of Education, in the case of 
any other entity. 
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re-
sponsibilities of the lead agency shall include— 
‘‘(1) the use of a single report format related to 
the plan for the individual project, which shall be 
used by an eligible entity to report on the activities 
undertaken under the project; 
‘‘(2) the use of a single report format related to 
the projected expenditures for the individual project 
which shall be used by an eligible entity to report on 
all project expenditures; 
‘‘(3) the development of a single system of Fed-
eral oversight for the project, which shall be imple-
mented by the lead agency; and 
‘‘(4) the provision of technical assistance to an 
eligible entity appropriate to the project, except that 
an eligible entity shall have the authority to accept or 
reject the plan for providing such technical assistance 
and the technical assistance provider. 
‘‘(i) REPORT REQUIREMENTS.—A single report format 
shall be developed by the Secretary, consistent with the re-
quirements of this section. Such report format shall require 
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that reports described in subsection (h), together with 
records maintained on the consolidated program at the local 
level, shall contain such information as will allow a deter-
mination that the eligible entity has complied with the re-
quirements incorporated in its approved plan, including 
making a demonstration of student academic achievement, 
and will provide assurances to each Secretary that the eligi-
ble entity has complied with all directly applicable statu-
tory requirements and with those directly applicable regu-
latory requirements that have not been waived. 
‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall 
the amount of Federal funds available to an eligible entity 
involved in any demonstration project be reduced as a re-
sult of the enactment of this section. 
‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.— 
The Secretary is authorized to take such action as may be 
necessary to provide for an interagency transfer of funds 
otherwise available to an eligible entity in order to further 
the objectives of this section. 
‘‘(l) ADMINISTRATION OF FUNDS.— 
‘‘(1) IN GENERAL.—Program funds for the con-
solidated programs shall be administered in such a 
manner as to allow for a determination that funds 
from a specific program are spent on allowable activi-
ties authorized under such program, except that the 
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eligible entity shall determine the proportion of the 
funds granted that shall be allocated to such program. 
‘‘(2) SEPARATE
RECORDS
NOT
REQUIRED.— 
Nothing in this section shall be construed as requiring 
the eligible entity to maintain separate records trac-
ing any services or activities conducted under the ap-
proved plan to the individual programs under which 
funds were authorized for the services or activities, 
nor shall the eligible entity be required to allocate ex-
penditures among such individual programs. 
‘‘(m) OVERAGE.—The eligible entity may commingle 
all administrative funds from the consolidated programs 
and shall be entitled to the full amount of such funds (under 
each program’s or agency’s regulations). The overage (de-
fined as the difference between the amount of the commin-
gled funds and the actual administrative cost of the pro-
grams) shall be considered to be properly spent for Federal 
audit purposes, if the overage is used for the purposes pro-
vided for under this section. 
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this part 
shall be construed so as to interfere with the ability of the 
Secretary or the lead agency to fulfill the responsibilities 
for the safeguarding of Federal funds pursuant to chapter 
75 of title 31, United States Code. 
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‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM 
INTEGRATION.— 
‘‘(1) IN GENERAL.—The Secretary of Education 
shall annually submit a report to the Committee on 
Health, Education, Labor, and Pensions and the 
Committee on Indian Affairs of the Senate, and the 
Committee on Education and the Workforce and the 
Committee on Natural Resources of the House of Rep-
resentatives on the status of the implementation of the 
demonstration projects authorized under this section. 
‘‘(2) CONTENTS.—Such report shall identify— 
‘‘(A) statutory barriers to the ability of par-
ticipants to more effectively integrate their edu-
cation and related services to Indian students in 
a manner consistent with the objectives of this 
section; and 
‘‘(B) the effective practices for program in-
tegration that result in increased student 
achievement and other relevant outcomes for In-
dian students. 
‘‘(p) DEFINITIONS.—For the purposes of this section, 
the term ‘Secretary’ means— 
‘‘(1) the Secretary of the Interior, in the case of 
an entity meeting the definition of a contract or 
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grant school under title XI of the Education Amend-
ments of 1978; or 
‘‘(2) the Secretary of Education, in the case of 
any other entity. 
‘‘SEC. 1267. STUDENT ELIGIBILITY FORMS. 
‘‘(a) IN GENERAL.—The Secretary shall require that, 
as part of an application for a grant under this chapter, 
each applicant shall maintain a file, with respect to each 
Indian child for whom the local educational agency pro-
vides a free public education, that contains a form that sets 
forth information establishing the status of the child as an 
Indian child eligible for assistance under this chapter, and 
that otherwise meets the requirements of subsection (b). 
‘‘(b) FORMS.—The form described in subsection (a) 
shall include— 
‘‘(1) either— 
‘‘(A)(i) the name of the tribe or band of In-
dians (as defined in section 1291) with respect 
to which the child claims membership; 
‘‘(ii) the enrollment number establishing the 
membership of the child (if readily available); 
and 
‘‘(iii) the name and address of the organiza-
tion that maintains updated and accurate mem-
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bership data for such tribe or band of Indians; 
or 
‘‘(B) the name, the enrollment number (if 
readily available), and the name and address of 
the organization responsible for maintaining up-
dated and accurate membership data, of any 
parent or grandparent of the child from whom 
the child claims eligibility under this chapter, if 
the child is not a member of the tribe or band 
of Indians (as so defined); 
‘‘(2) a statement of whether the tribe or band of 
Indians (as so defined), with respect to which the 
child, or parent or grandparent of the child, claims 
membership, is federally recognized; 
‘‘(3) the name and address of the parent or legal 
guardian of the child; and 
‘‘(4) a signature of the parent or legal guardian 
of the child that verifies the accuracy of the informa-
tion supplied. 
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect a definition contained in 
section 1291. 
‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms 
and the standards of proof (including the standard of good 
faith compliance) that were in use during the 1985–1986 
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academic year to establish the eligibility of a child for enti-
tlement under the Indian Elementary and Secondary 
School Assistance Act shall be the forms and standards of 
proof used— 
‘‘(1) to establish eligibility under this chapter; 
and 
‘‘(2) to meet the requirements of subsection (a). 
‘‘(e) DOCUMENTATION.—For purposes of determining 
whether a child is eligible to be counted for the purpose of 
computing the amount of a grant award under section 
1263, the membership of the child, or any parent or grand-
parent of the child, in a tribe or band of Indians (as so 
defined) may be established by proof other than an enroll-
ment number, notwithstanding the availability of an enroll-
ment number for a member of such tribe or band. Nothing 
in subsection (b) shall be construed to require the furnishing 
of an enrollment number. 
‘‘(f) MONITORING AND EVALUATION REVIEW.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW.—For each fiscal year, in 
order to provide such information as is necessary 
to carry out the responsibility of the Secretary to 
provide technical assistance under this chapter, 
the Secretary shall conduct a monitoring and 
evaluation review of a sampling of the recipients 
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of grants under this chapter. The sampling con-
ducted under this subparagraph shall take into 
account the size of and the geographic location of 
each local educational agency. 
‘‘(B) 
EXCEPTION.—A 
local 
educational 
agency may not be held liable to the United 
States or be subject to any penalty, by reason of 
the findings of an audit that relates to the date 
of completion, or the date of submission, of any 
forms used to establish, before April 28, 1988, the 
eligibility of a child for an entitlement under the 
Indian Elementary and Secondary School As-
sistance Act. 
‘‘(2) FALSE
INFORMATION.—Any local edu-
cational agency that provides false information in an 
application for a grant under this chapter shall— 
‘‘(A) be ineligible to apply for any other 
grant under this chapter; and 
‘‘(B) be liable to the United States for any 
funds from the grant that have not been ex-
pended. 
‘‘(3) EXCLUDED CHILDREN.—A student who pro-
vides false information for the form required under 
subsection (a) shall not be counted for the purpose of 
computing the amount of a grant under section 1263. 
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‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Not-
withstanding any other provision of this section, in calcu-
lating the amount of a grant under this chapter to a tribal 
school that receives a grant or contract from the Bureau 
of Indian Education, the Secretary shall use only one of 
the following, as selected by the school: 
‘‘(1) A count of the number of students in the 
schools certified by the Bureau. 
‘‘(2) A count of the number of students for whom 
the school has eligibility forms that comply with this 
section. 
‘‘(h) TIMING OF CHILD COUNTS.—For purposes of de-
termining the number of children to be counted in calcu-
lating the amount of a local educational agency’s grant 
under this chapter (other than in the case described in sub-
section (g)(1)), the local educational agency shall— 
‘‘(1) establish a date on, or a period not longer 
than 31 consecutive days during, which the agency 
counts those children, if that date or period occurs be-
fore the deadline established by the Secretary for sub-
mitting an application under section 1264; and 
‘‘(2) determine that each such child was enrolled, 
and receiving a free public education, in a school of 
the agency on that date or during that period, as the 
case may be. 
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‘‘SEC. 1268. PAYMENTS. 
‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), 
the Secretary shall pay to each local educational agency 
that submits an application that is approved by the Sec-
retary under this chapter the amount determined under sec-
tion 1263. The Secretary shall notify the local educational 
agency of the amount of the payment not later than June 
1 of the year for which the Secretary makes the payment. 
‘‘(b) PAYMENTS
TAKEN
INTO
ACCOUNT
BY
THE 
STATE.—The Secretary may not make a grant under this 
chapter to a local educational agency for a fiscal year if, 
for such fiscal year, the State in which the local educational 
agency is located takes into consideration payments made 
under this chapter in determining the eligibility of the local 
educational agency for State aid, or the amount of the State 
aid, with respect to the free public education of children 
during such fiscal year or the preceding fiscal year. 
‘‘(c) REALLOCATIONS.—The Secretary may reallocate, 
in a manner that the Secretary determines will best carry 
out the purpose of this chapter, any amounts that— 
‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary 
determines will not be needed by such agencies to 
carry out approved programs under this chapter; or 
‘‘(2) otherwise become available for reallocation 
under this chapter. 
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‘‘SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW. 
‘‘Before submitting an application to the Secretary 
under section 1264, a local educational agency shall submit 
the application to the State educational agency, which may 
comment on such application. If the State educational 
agency comments on the application, the agency shall com-
ment on all applications submitted by local educational 
agencies in the State and shall provide those comments to 
the respective local educational agencies, with an oppor-
tunity to respond. 
‘‘CHAPTER B—SPECIAL PROGRAMS AND 
PROJECTS TO IMPROVE EDUCATIONAL 
OPPORTUNITIES FOR INDIAN CHIL-
DREN 
‘‘SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR INDIAN CHILDREN. 
‘‘(a) PURPOSE.— 
‘‘(1) IN GENERAL.—It is the purpose of this sec-
tion to support projects to develop, test, and dem-
onstrate the effectiveness of services and programs to 
improve educational opportunities and achievement of 
Indian children. 
‘‘(2) COORDINATION.—The Secretary shall take 
the necessary actions to achieve the coordination of 
activities assisted under this chapter with— 
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‘‘(A) other programs funded under this Act; 
and 
‘‘(B) other Federal programs operated for 
the benefit of American Indian and Alaska Na-
tive children. 
‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 
‘eligible entity’ means a State educational agency, local 
educational agency, Indian tribe, Indian organization, fed-
erally supported elementary school or secondary school for 
Indian students, Indian institution (including an Indian 
institution of higher education), or a consortium of such 
entities. 
‘‘(c) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—From amounts appropriated 
under section 3(a)(1), the Secretary shall reserve 0.2 
of one percent to award grants to eligible entities to 
enable such entities to carry out activities under this 
section and section 1272. 
‘‘(2) USES OF FUNDS.—An eligible entity that 
receives a grant under this section shall use the funds 
for one or more activities, including— 
‘‘(A) innovative programs related to the 
educational needs of educationally disadvantaged 
children; 
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‘‘(B) educational services that are not avail-
able to such children in sufficient quantity or 
quality, including remedial instruction, to raise 
the achievement of Indian children in one or 
more of the core academic subjects of English, 
mathematics, science, foreign languages, art, his-
tory, and geography; 
‘‘(C) bilingual and bicultural programs and 
projects; 
‘‘(D) special health and nutrition services, 
and other related activities, that address the spe-
cial health, social, and psychological problems of 
Indian children; 
‘‘(E) special compensatory and other pro-
grams and projects designed to assist and en-
courage Indian children to enter, remain in, or 
reenter school, and to increase the rate of high 
school graduation for Indian children; 
‘‘(F) comprehensive guidance, counseling, 
and testing services; 
‘‘(G) early childhood and kindergarten pro-
grams, including family-based preschool pro-
grams that emphasize school readiness and pa-
rental skills, and the provision of services to In-
dian children with disabilities; 
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‘‘(H) partnership projects between local edu-
cational agencies and institutions of higher edu-
cation that allow secondary school students to 
enroll in courses at the postsecondary level to aid 
such students in the transition from secondary to 
postsecondary education; 
‘‘(I) partnership projects between schools 
and local businesses for career preparation pro-
grams designed to provide Indian youth with the 
knowledge and skills such youth need to make an 
effective transition from school to a high-skill, 
high-wage career; 
‘‘(J) programs designed to encourage and 
assist Indian students to work toward, and gain 
entrance into, an institution of higher education; 
‘‘(K) family literacy services; 
‘‘(L) activities that recognize and support 
the unique cultural and educational needs of In-
dian children, and incorporate appropriately 
qualified tribal elders and seniors; or 
‘‘(M) other services that meet the purpose 
described in this section. 
‘‘(3) PROFESSIONAL
DEVELOPMENT.—Evidence 
based professional development of teaching profes-
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sionals and paraprofessionals may be a part of any 
program assisted under this section. 
‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— 
‘‘(1) GRANT REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
make multiyear grants under subsection (c) for 
the planning, development, pilot operation, or 
demonstration of any activity described in sub-
section (c) for a period not to exceed 5 years. 
‘‘(B) 
PRIORITY.—In 
making 
multiyear 
grants described in this paragraph, the Secretary 
shall give priority to entities submitting applica-
tions that present a plan for combining two or 
more of the activities described in subsection (c) 
over a period of more than 1 year. 
‘‘(C) PROGRESS.—The Secretary shall make 
a grant payment for a grant described in this 
paragraph to an eligible entity after the initial 
year of the multiyear grant only if the Secretary 
determines that the eligible entity has made sub-
stantial progress in carrying out the activities 
assisted under the grant in accordance with the 
application submitted under paragraph (3) and 
any subsequent modifications to such applica-
tion. 
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‘‘(2) DISSEMINATION GRANTS.— 
‘‘(A) IN GENERAL.—In addition to award-
ing the multiyear grants described in paragraph 
(1), the Secretary may award grants under sub-
section (c) to eligible entities for the dissemina-
tion of exemplary materials or programs assisted 
under this section. 
‘‘(B) DETERMINATION.—The Secretary may 
award a dissemination grant described in this 
paragraph if, prior to awarding the grant, the 
Secretary determines that the material or pro-
gram to be disseminated— 
‘‘(i) has been adequately reviewed; 
‘‘(ii) has demonstrated educational 
merit; and 
‘‘(iii) can be replicated. 
‘‘(3) APPLICATION.— 
‘‘(A) IN GENERAL.—Any eligible entity that 
desires to receive a grant under this section shall 
submit an application to the Secretary at such 
time and in such manner as the Secretary may 
reasonably require. 
‘‘(B) CONTENTS.—Each application sub-
mitted to the Secretary under subparagraph (A), 
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other than an application for a dissemination 
grant under paragraph (2), shall contain— 
‘‘(i) a description of how parents of In-
dian children and representatives of Indian 
tribes have been, and will be, involved in 
developing and implementing the activities 
for which assistance is sought; 
‘‘(ii) assurances that the applicant will 
participate, at the request of the Secretary, 
in any national evaluation of activities as-
sisted under this section; 
‘‘(iii) information demonstrating that 
the proposed program for the activities is 
an evidence-based program, which may in-
clude a program that has been modified to 
be culturally appropriate for students who 
will be served; and 
‘‘(iv) a description of how the appli-
cant will incorporate the proposed activities 
into the ongoing school program involved 
once the grant period is over. 
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds provided to a grantee under this chapter 
for any fiscal year may be used for administrative pur-
poses. 
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‘‘SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS 
AND EDUCATION PROFESSIONALS. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to increase the number of qualified Indian 
teachers, school leaders, or other education profes-
sionals serving Indian students, including through re-
cruitment strategies; 
‘‘(2) to provide training to qualified Indian in-
dividuals to enable such individuals to become effec-
tive teachers, school leaders, administrators, teacher 
aides, social workers, and ancillary educational per-
sonnel; and 
‘‘(3) to improve the skills of qualified Indian in-
dividuals who serve in the capacities described in 
paragraph (2). 
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this sec-
tion, the term ‘eligible entity’ means— 
‘‘(1) an institution of higher education, includ-
ing an Indian institution of higher education; 
‘‘(2) a State educational agency or local edu-
cational agency, in consortium with an institution of 
higher education; 
‘‘(3) an Indian tribe or organization, in consor-
tium with an institution of higher education; and 
‘‘(4) a Bureau-funded school (as defined in sec-
tion 1146 of the Education Amendments of 1978). 
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‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants from funds reserved under section 
1271(c)(1) to eligible entities having applications approved 
under this section to enable those entities to carry out the 
activities described in subsection (d). 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.—Grant funds under this sec-
tion shall be used for activities to provide support 
and training for Indian individuals in a manner 
consistent with the purposes of this section. 
‘‘(2) SPECIAL RULES.— 
‘‘(A) TYPE
OF
TRAINING.—For education 
personnel, the training received pursuant to a 
grant under this section may be inservice or 
preservice training. 
‘‘(B) PROGRAM.—For individuals who are 
being trained to enter any education-related field 
other than teaching, the training received pursu-
ant to a grant under this section shall be in a 
program that results in a graduate degree. 
‘‘(e) APPLICATION.—Each eligible entity desiring a 
grant under this section shall submit an application to the 
Secretary at such time and in such manner as the Secretary 
may reasonable require. An application shall include how 
the eligible entity will— 
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‘‘(1) recruit qualified Indian individuals, such 
as students who may not be of traditional college age, 
to become teachers or school leaders; 
‘‘(2) use funds made available under the grant to 
support the recruitment, preparation, and profes-
sional development of Indian teachers or school lead-
ers in local educational agencies that serve a high 
proportion of Indian students; and 
‘‘(3) assist participants in meeting the require-
ments under subsection (h). 
‘‘(f) SPECIAL RULE.—In awarding grants under this 
section, the Secretary— 
‘‘(1) shall consider the prior performance of the 
eligible entity; and 
‘‘(2) may not limit eligibility to receive a grant 
under this section on the basis of— 
‘‘(A) the number of previous grants the Sec-
retary has awarded such entity; or 
‘‘(B) the length of any period during which 
such entity received such grants. 
‘‘(g) GRANT PERIOD.—Each grant under this section 
shall be awarded for an initial period of not more than 
three years, and may be renewed for not more than an addi-
tional two years if the Secretary finds that the grantee is 
meeting the grant objectives. 
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‘‘(h) SERVICE OBLIGATION.— 
‘‘(1) IN GENERAL.—The Secretary shall require, 
by regulation, that an individual who receives train-
ing pursuant to a grant made under this section— 
‘‘(A) perform work— 
‘‘(i) related to the training received 
under this section; and 
‘‘(ii) that benefits Indian people; or 
‘‘(B) repay all or a prorated part of the as-
sistance received. 
‘‘(2) REPORTING.—The Secretary shall establish, 
by regulation, a reporting procedure under which a 
grant recipient under this section shall, not later than 
12 months after the date of completion of the train-
ing, and periodically thereafter, provide information 
concerning compliance with the work requirement 
under paragraph (1). 
‘‘CHAPTER C—FEDERAL ADMINISTRATION 
‘‘SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDU-
CATION. 
‘‘(a) MEMBERSHIP.—There is established a National 
Advisory Council on Indian Education (hereafter in this 
section referred to as the ‘Council’), which shall— 
‘‘(1) consist of 15 Indian members, who shall be 
appointed by the President from lists of nominees fur-
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231 
nished, from time to time, by Indian tribes and orga-
nizations; and 
‘‘(2) represent different geographic areas of the 
United States. 
‘‘(b) DUTIES.—The Council shall— 
‘‘(1) advise the Secretary concerning the funding 
and administration (including the development of 
regulations and administrative policies and practices) 
of any program, including any program established 
under this subpart— 
‘‘(A) with respect to which the Secretary has 
jurisdiction; and 
‘‘(B)(i) that includes Indian children or 
adults as participants; or 
‘‘(ii) that may benefit Indian children 
or adults; 
‘‘(2) make recommendations to the Secretary for 
filling the position of Director of Indian Education 
whenever a vacancy occurs; and 
‘‘(3) submit to Congress, not later than June 30 
of each year, a report on the activities of the Council, 
including— 
‘‘(A) any recommendations that the Council 
considers appropriate for the improvement of 
Federal education programs that include Indian 
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232 
children or adults as participants, or that may 
benefit Indian children or adults; and 
‘‘(B) recommendations concerning the fund-
ing of any program described in subparagraph 
(A). 
‘‘SEC. 1282. PEER REVIEW. 
‘‘The Secretary may use a peer review process to re-
view applications submitted to the Secretary under chapter 
B. 
‘‘SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS. 
‘‘In making grants and entering into contracts or co-
operative agreements under chapter B, the Secretary shall 
give a preference to Indian tribes, organizations, and insti-
tutions of higher education under any program with respect 
to which Indian tribes, organizations, and institutions are 
eligible to apply for grants, contracts, or cooperative agree-
ments. 
‘‘SEC. 1284. MINIMUM GRANT CRITERIA. 
‘‘The Secretary may not approve an application for 
a grant, contract, or cooperative agreement under chapter 
B unless the application is for a grant, contract, or coopera-
tive agreement that is— 
‘‘(1) of sufficient size, scope, and quality to 
achieve the purpose or objectives of such grant, con-
tract, or cooperative agreement; and 
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‘‘(2) based on relevant research findings. 
‘‘CHAPTER D—DEFINITIONS 
‘‘SEC. 1291. DEFINITIONS. 
‘‘For the purposes of this subpart: 
‘‘(1) ADULT.—The term ‘adult’ means an indi-
vidual who— 
‘‘(A) has attained the age of 16 years; or 
‘‘(B) has attained an age that is greater 
than the age of compulsory school attendance 
under an applicable State law. 
‘‘(2) ALASKA NATIVE.—The term ‘Alaska Native’ 
has the same meaning as the term ‘Native’ has in sec-
tion 3(b) of the Alaska Native Claims Settlement Act. 
‘‘(3) FREE PUBLIC EDUCATION.—The term ‘free 
public education’ means education that is— 
‘‘(A) provided at public expense, under pub-
lic supervision and direction, and without tui-
tion charge; and 
‘‘(B) provided as elementary or secondary 
education in the applicable State or to preschool 
children. 
‘‘(4) INDIAN.—The term ‘Indian’ means an indi-
vidual who is— 
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‘‘(A) a member of an Indian tribe or band, 
as membership is defined by the tribe or band, 
including— 
‘‘(i) any tribe or band terminated since 
1940; and 
‘‘(ii) any tribe or band recognized by 
the State in which the tribe or band resides; 
‘‘(B) a descendant, in the first or second de-
gree, of an individual described in subparagraph 
(A); 
‘‘(C) considered by the Secretary of the Inte-
rior to be an Indian for any purpose; 
‘‘(D) an Eskimo, Aleut, or other Alaska Na-
tive; or 
‘‘(E) a member of an organized Indian 
group that received a grant under the Indian 
Education Act of 1988 as in effect the day pre-
ceding the date of enactment of the Improving 
America’s Schools Act of 1994.’’. 
(b) STRIKE.—The Act is amended by striking title VII 
(20 U.S.C. 7401 et seq.). 
Subtitle D—National Assessment 
SEC. 141. NATIONAL ASSESSMENT OF TITLE I. 
(a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 
et seq.) is redesignated as part B of title I. 
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(b) REPEALS.—Sections 1502 and 1504 (20 U.S.C. 
6492; 6494) are repealed. 
(c) REDESIGNATIONS.—Sections 1501 and 1503 (20 
U.S.C. 6491; 6493) are redesignated as sections 1301 and 
1302, respectively. 
(d) AMENDMENTS TO SECTION 1301.—Section 1301 
(20 U.S.C. 6491), as so redesignated, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, acting 
through the Director of the Institute of Edu-
cation Sciences (in this section and section 1302 
referred to as the ‘Director’),’’ after ‘‘The Sec-
retary’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; 
(ii) in subparagraph (A), by striking 
‘‘reaching the proficient level’’ and all that 
follows and inserting ‘‘graduating high 
school prepared for postsecondary education 
or the workforce.’’; 
(iii) in subparagraph (B), by striking 
‘‘reach the proficient’’ and all that follows 
and inserting ‘‘meet State academic stand-
ards.’’; 
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236 
(iv) by striking subparagraphs (D) 
and (G) and redesignating subparagraphs 
(E), (F), and (H) through (O) as subpara-
graphs (D) through (M), respectively; 
(v) in subparagraph (D)(v) (as so re-
designated), by striking ‘‘help schools in 
which’’ and all that follows and inserting 
‘‘address disparities in the percentages of ef-
fective teachers teaching in low-income 
schools.’’ 
(vi) in subparagraph (G) (as so redes-
ignated)— 
(I) by striking ‘‘section 1116’’ and 
inserting ‘‘section 1111(b)(3)(B)(iii)’’; 
and 
(II) by striking ‘‘, including the 
following’’ and all that follows and in-
serting a period; 
(vii) in subparagraph (I) (as so redes-
ignated), by striking ‘‘qualifications’’ and 
inserting ‘‘effectiveness’’; 
(viii) in subparagraph (J) (as so redes-
ignated), by striking ‘‘, including funds 
under section 1002,’’; 
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(ix) in subparagraph (L) (as so redes-
ignated), 
by 
striking 
‘‘section 
1111(b)(2)(C)(v)(II)’’ and inserting ‘‘section 
1111(b)(3)(B)(ii)(II)’’; and 
(x) in subparagraph (M) (as so redes-
ignated), by striking ‘‘Secretary’’ and in-
serting ‘‘Director’’; 
(C) in paragraph (3), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; 
(D) in paragraph (4), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; 
(E) in paragraph (5), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; and 
(F) in paragraph (6)— 
(i) by striking ‘‘No Child Left Behind 
Act of 2001’’ each place it appears and in-
serting ‘‘Student Success Act’’; and 
(ii) by striking ‘‘Secretary’’ each place 
it appears and inserting ‘‘Director’’; 
(2) in subsection (b), by striking ‘‘Secretary’’ 
each place it appears and inserting ‘‘Director’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; and 
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(ii) by striking ‘‘part A’’ and inserting 
‘‘subpart 1 of part A’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; 
(ii) in subparagraph (B), by striking 
‘‘challenging academic achievement stand-
ards’’ and inserting ‘‘State academic stand-
ards’’; 
(iii) in subparagraph (E), by striking 
‘‘effects of the availability’’ and all that fol-
lows and inserting ‘‘extent to which actions 
authorized under section 1111(b)(3)(B)(iii) 
improve the academic achievement of dis-
advantaged students and low-performing 
schools.’’; and 
(iv) in subparagraph (F), by striking 
‘‘Secretary’’ and inserting ‘‘Director’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; and 
(ii) by striking subparagraph (C) and 
inserting the following: 
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‘‘(C) analyzes varying models or strategies 
for 
delivering 
school 
services, 
including 
schoolwide and targeted services.’’; and 
(4) in subsection (d), by striking ‘‘Secretary’’ 
each place it appears and inserting ‘‘Director’’. 
(e) AMENDMENTS TO SECTION 1302.—Section 1302 
(20 U.S.C. 6493), as so redesignated, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Secretary’’ and inserting 
‘‘Director’’; and 
(B) by striking ‘‘and for making decisions 
about the promotion and graduation of stu-
dents’’; 
(2) in subsection (b)— 
(A) by striking ‘‘Secretary’’ the first place 
it appears and inserting ‘‘Director’’; 
(B) by striking ‘‘process,’’ and inserting 
‘‘process consistent with section 1206,’’; and 
(C) by striking ‘‘Assistant Secretary of 
Educational Research and Improvement’’ and 
inserting ‘‘Director’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘to the State-defined level of proficiency’’ 
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241 
‘‘PART C—GENERAL PROVISIONS 
‘‘SEC. 1401. FEDERAL REGULATIONS. 
‘‘(a) IN GENERAL.—The Secretary may, in accordance 
with subsections (b) through (d), issue such regulations as 
are necessary to reasonably ensure there is compliance with 
this title. 
‘‘(b) NEGOTIATED RULEMAKING PROCESS.— 
‘‘(1) IN
GENERAL.—Before publishing in the 
Federal Register proposed regulations to carry out 
this title, the Secretary shall obtain the advice and 
recommendations of representatives of Federal, State, 
and local administrators, parents, teachers, and mem-
bers of local school boards and other organizations in-
volved with the implementation and operation of pro-
grams under this title. 
‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.— 
Such advice and recommendations may be obtained 
through such mechanisms as regional meetings and 
electronic exchanges of information. 
‘‘(3) PROPOSED REGULATIONS.—After obtaining 
such advice and recommendations, and before pub-
lishing proposed regulations, the Secretary shall— 
‘‘(A) establish a negotiated rulemaking 
process; 
‘‘(B) select individuals to participate in 
such process from among individuals or groups 
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242 
that provided advice and recommendations, in-
cluding representation from all geographic re-
gions of the United States, in such numbers as 
will provide an equitable balance between rep-
resentatives of parents and students and rep-
resentatives of educators and education officials; 
and 
‘‘(C) prepare a draft of proposed policy op-
tions that shall be provided to the individuals se-
lected by the Secretary under subparagraph (B) 
not less than 15 days before the first meeting 
under such process. 
‘‘(c) PROPOSED RULEMAKING.—If the Secretary deter-
mines that a negotiated rulemaking process is unnecessary 
or the individuals selected to participate in the process 
under paragraph (3)(B) fail to reach unanimous agree-
ment, the Secretary may propose regulations under the fol-
lowing procedure: 
‘‘(1) Not less than 30 days prior to beginning a 
rulemaking process, the Secretary shall provide to 
Congress, including the Committee on Education and 
the Workforce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pen-
sions of the Senate, notice that shall include— 
‘‘(A) a copy of the proposed regulations; 
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‘‘(B) the need to issue regulations; 
‘‘(C) the anticipated burden the regulations 
will have on State educational agencies, local 
educational agencies, schools, and other entities 
that may be impacted by the regulations; and 
‘‘(D) any regulations that will be repealed 
when the new regulations are issued. 
‘‘(2) 30 days after giving notice of the proposed 
rule to Congress, the Secretary may proceed with the 
rulemaking process after addressing all comments re-
ceived from the Congress and publishing how such 
comments are addressed with the proposed rule. 
‘‘(3) The comment and review period for any 
proposed regulation shall be 90 days unless an emer-
gency requires a shorter period, in which case such 
period shall be not less than 45 days and the Sec-
retary shall— 
‘‘(A) designate the proposed regulation as 
an emergency with an explanation of the emer-
gency in the notice and report to Congress under 
paragraph (1); and 
‘‘(B) publish the length of the comment and 
review period in such notice and in the Federal 
Register. 
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‘‘(4) No regulation shall be made final after the 
comment and review period until the Secretary has 
published in the Federal Register an independent as-
sessment of— 
‘‘(A) the burden, including the cost burden, 
the regulation will impose on State educational 
agencies, local educational agencies, schools and 
other entities that may be impacted by the regu-
lation; and 
‘‘(B) an explanation of how the entities de-
scribed in subparagraph (A) may pay for imple-
menting the new regulation. 
‘‘(d) LIMITATION.—Regulations to carry out this title 
may not require local programs to follow a particular in-
structional model, such as the provision of services outside 
the regular classroom or school program. 
‘‘SEC. 1402. AGREEMENTS AND RECORDS. 
‘‘(a) AGREEMENTS.—In the case in which a negotiated 
rule making process is established under subsection (b) of 
section 1401, all published proposed regulations shall con-
form to agreements that result from the rulemaking de-
scribed in section 1401 unless the Secretary reopens the ne-
gotiated rulemaking process. 
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‘‘(b) RECORDS.—The Secretary shall ensure that an 
accurate and reliable record of agreements reached during 
the negotiations process is maintained. 
‘‘SEC. 1403. STATE ADMINISTRATION. 
‘‘(a) RULEMAKING.— 
‘‘(1) IN
GENERAL.—Each State that receives 
funds under this title shall— 
‘‘(A) ensure that any State rules, regula-
tions, and policies relating to this title conform 
to the purposes of this title and provide any such 
proposed rules, regulations, and policies to the 
committee of practitioners created under sub-
section (b) for review and comment; 
‘‘(B) minimize such rules, regulations, and 
policies to which the State’s local educational 
agencies and schools are subject; 
‘‘(C) eliminate or modify State and local 
fiscal accounting requirements in order to facili-
tate the ability of schools to consolidate funds 
under schoolwide programs; 
‘‘(D) identify any such rule, regulation, or 
policy as a State-imposed requirement; and 
‘‘(E)(i) identify any duplicative or con-
trasting requirements between the State and Fed-
eral rules or regulations; 
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‘‘(ii) eliminate the rules and regulations 
that are duplicative of Federal requirements; and 
‘‘(iii) report any conflicting requirements to 
the Secretary and determine which Federal or 
State rule or regulation shall be followed. 
‘‘(2) SUPPORT AND FACILITATION.—State rules, 
regulations, and policies under this title shall support 
and facilitate local educational agency and school- 
level systemic reform designed to enable all children 
to meet the State academic standards. 
‘‘(b) COMMITTEE OF PRACTITIONERS.— 
‘‘(1) IN
GENERAL.—Each State educational 
agency that receives funds under this title shall create 
a State committee of practitioners to advise the State 
in carrying out its responsibilities under this title. 
‘‘(2) MEMBERSHIP.—Each such committee shall 
include— 
‘‘(A) as a majority of its members, rep-
resentatives from local educational agencies; 
‘‘(B) administrators, including the admin-
istrators of programs described in other parts of 
this title; 
‘‘(C) teachers from public charter schools, 
traditional public schools, and career and tech-
nical educators; 
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‘‘(D) parents; 
‘‘(E) members of local school boards; 
‘‘(F) representatives of private school chil-
dren; and 
‘‘(G) specialized instructional support per-
sonnel. 
‘‘(3) DUTIES.—The duties of such committee 
shall include a review, before publication, of any pro-
posed or final State rule or regulation pursuant to 
this title. In an emergency situation where such rule 
or regulation must be issued within a very limited 
time to assist local educational agencies with the op-
eration of the program under this title, the State edu-
cational agency may issue a regulation without prior 
consultation, but shall immediately thereafter convene 
the State committee of practitioners to review the 
emergency regulation before issuance in final form. 
‘‘SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED 
SPENDING. 
‘‘Nothing in this title shall be construed to mandate 
equalized spending per pupil for a State, local educational 
agency, or school.’’. 
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TITLE II—GENERAL PROVISIONS 
FOR THE ACT 
SEC. 201. 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-
cies on the basis of average daily membership (or 
other similar data). 
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‘‘(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. 
‘‘(2) AVERAGE
PER-PUPIL
EXPENDITURE.—The 
term ‘average per-pupil expenditure’ means, in the 
case of a State or of the United States— 
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‘‘(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— 
‘‘(A) in accordance with a specific State 
statute authorizing the granting of charters to 
schools, is exempt from significant State or local 
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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; 
‘‘(F) does not charge tuition; 
‘‘(G) complies with the Age Discrimination 
Act of 1975, title VI of the Civil Rights Act of 
1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 
1973, and part B of the Individuals with Dis-
abilities Education Act; 
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‘‘(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 
‘‘(M) may serve pre-kindergarten or postsec-
ondary school students. 
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‘‘(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. 
‘‘(9) CONSOLIDATED STATE APPLICATION.—The 
term ‘consolidated State application’ means an appli-
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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— 
‘‘(A) including expenditures for administra-
tion, instruction, attendance and health services, 
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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 
to develop, manage, and provide services or programs 
to local educational agencies. 
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‘‘(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 
language is a language other than English, 
and who comes from an environment where 
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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 students who entered the entry 
grade together in the entry year of high 
school, adjusted by— 
‘‘(I) adding the students who 
joined that cohort, after the time of the 
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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; 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 
that the student has transferred out, emigrated to 
another country, transferred to a prison or juve-
nile facility, or is deceased. 
‘‘(C) TRANSFERRED OUT.— 
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student having transferred out, shall 
remain in the extended-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 
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-
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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 
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 
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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 
‘‘(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 
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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 
the student enrolled in the receiving 
school or program. 
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‘‘(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-
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— 
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‘‘(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) GRADUATION
RATE.—The term ‘gradua-
tion rate’ means the adjusted cohort graduation rate. 
‘‘(26) HIGH-QUALITY ACADEMIC TUTORING.—The 
term ‘high-quality academic tutoring’ means supple-
mental academic services that— 
‘‘(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-
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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); 
‘‘(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. 
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‘‘(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 
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 
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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. 
‘‘(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. 
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‘‘(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 
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 or stepparent with 
whom the child lives, or a person who is legally re-
sponsible for the child’s welfare). 
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‘‘(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; 
‘‘(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’— 
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‘‘(A) includes 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; 
‘‘(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) are high quality, job-embedded, 
and continuous in order to have a positive 
and lasting impact on classroom instruction 
and the teacher’s performance in the class-
room; 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 
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through State and local alternative routes to 
certification; 
‘‘(vii) advance teacher understanding 
of effective instructional strategies that 
are— 
‘‘(I) evidence-based; and 
‘‘(II) strategies for improving stu-
dent academic achievement or substan-
tially increasing the knowledge and 
teaching skills of teachers, including 
through addressing the social and emo-
tional development needs of students; 
and 
‘‘(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; 
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‘‘(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 
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; 
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‘‘(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 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 
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-
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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. 
‘‘(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-
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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 
‘‘(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. 
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‘‘(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. 
‘‘(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-
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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. 
‘‘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 
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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). 
‘‘(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-
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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; 
‘‘(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). 
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‘‘(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). 
‘‘(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.— 
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‘‘(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 
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. 
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‘‘(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; CONSOLIDATED 
STATE AND LOCAL PLANS AND APPLICATIONS 
‘‘SEC. 5301. PURPOSES. 
‘‘The purposes of this part are— 
‘‘(1) to improve teaching and learning by en-
couraging greater cross-program coordination, plan-
ning, and service delivery; 
‘‘(2) to provide greater flexibility to State and 
local authorities through consolidated plans, applica-
tions, and reporting; and 
‘‘(3) to enhance the integration of programs 
under this Act with State and local programs. 
‘‘SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR 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 
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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 
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 
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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 
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. 
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‘‘(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— 
‘‘(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; 
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‘‘(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 
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 
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‘‘(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. 
‘‘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 
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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. 
‘‘(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— 
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‘‘(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; 
‘‘(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 
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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 
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. 
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‘‘(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 
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-
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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-
dian tribe will use to monitor the effectiveness of 
the implementation of the plan; 
‘‘(E) describes the State educational agency, 
local educational agency, or Indian tribe’s proc-
ess for holding public schools accountable for stu-
dent academic achievement and intervening in 
low performing schools; and 
‘‘(F) 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, 
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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 
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 
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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 
‘‘(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.— 
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‘‘(A) ESTABLISHMENT.—The Secretary shall 
establish a multi-disciplinary peer review team 
to review waiver requests under this section. 
‘‘(B) APPLICABILITY.—The Secretary may 
approve a waiver request under this section 
without conducting a peer review of the request, 
but shall use the peer review process under this 
paragraph before disapproving such a request. 
‘‘(C) STANDARD AND NATURE OF 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; 
‘‘(ii) in deference to State and local 
judgment; and 
‘‘(iii) with the goal of promoting State- 
and local-led innovation. 
‘‘(5) WAIVER DETERMINATION, DEMONSTRATION, 
AND REVISION.— 
‘‘(A) IN GENERAL.—The Secretary shall ap-
prove a waiver request not more than 60 days 
after the date on which such request is submitted, 
unless the Secretary determines and dem-
onstrates that— 
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‘‘(i) the waiver request does not meet 
the requirements of this section; 
‘‘(ii) the waiver is not permitted under 
subsection (c); 
‘‘(iii) the plan that is required under 
paragraph (1)(C), and reviewed with def-
erence to State and local judgment, provides 
no reasonable evidence to determine that a 
waiver will enhance student academic 
achievement; or 
‘‘(iv) the waiver request does not pro-
vide for adequate evaluation to ensure re-
view and continuous improvement of the 
plan. 
‘‘(B) WAIVER
DETERMINATION
AND
REVI-
SION.—If the Secretary determines and dem-
onstrates that the waiver request does not meet 
the requirements of this section, the Secretary 
shall— 
‘‘(i) immediately— 
‘‘(I) notify the State educational 
agency, local educational agency, or 
Indian tribe of such determination; 
and 
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‘‘(II) at the request of the State 
educational agency, local educational 
agency, or Indian tribe, provide de-
tailed reasons for such determination 
in writing; 
‘‘(ii) offer the State educational agen-
cy, local educational agency, or Indian tribe 
an opportunity to revise and resubmit the 
waiver request not more than 60 days after 
the date of such determination; and 
‘‘(iii) if the Secretary determines that 
the resubmission does not meet the require-
ments of this section, at the request of the 
State educational agency, local educational 
agency, or Indian tribe, conduct a public 
hearing not more than 30 days after the 
date of such resubmission. 
‘‘(C) WAIVER DISAPPROVAL.—The Secretary 
may disapprove a waiver request if— 
‘‘(i) the State educational agency, local 
educational agency, or Indian tribe has 
been notified and offered an opportunity to 
revise and resubmit the waiver request, as 
described under clauses (i) and (ii) of sub-
paragraph (B); and 
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‘‘(ii) the State educational agency, 
local educational agency, or Indian tribe— 
‘‘(I) does not revise and resubmit 
the waiver request; or 
‘‘(II) revises and resubmits the 
waiver request, and the Secretary de-
termines that such waiver request does 
not meet the requirements of this sec-
tion after a hearing conducted under 
subparagraph (B)(iii), if requested. 
‘‘(D) EXTERNAL
CONDITIONS.—The Sec-
retary shall not require or impose new or addi-
tional requirements in exchange for receipt of a 
waiver if such requirements are not specified in 
this Act. 
‘‘(c) RESTRICTIONS.—The Secretary shall not waive 
under this section any statutory or regulatory requirements 
relating to— 
‘‘(1) the allocation or distribution of funds to 
States, local educational agencies, Indian tribes, or 
other recipients of funds under this Act; 
‘‘(2) comparability of services; 
‘‘(3) use of Federal funds to supplement, not sup-
plant, non-Federal funds; 
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‘‘(4) equitable participation of private school stu-
dents and teachers; 
‘‘(5) parental participation and involvement; 
‘‘(6) applicable civil rights requirements; 
‘‘(7) the prohibitions— 
‘‘(A) in subpart 2 of part E; 
‘‘(B) regarding use of funds for religious 
worship or instruction in section 5505; and 
‘‘(C) regarding activities in section 5524; or 
‘‘(8) the selection of a school attendance area or 
school under subsections (a) and (b) of section 1113, 
except that the Secretary may grant a waiver to allow 
a school attendance area or school to participate in 
activities under subpart 1 of part A of title I if the 
percentage of children from low-income families in 
the school attendance area or who attend the school is 
not more than 10 percentage points below the lowest 
percentage of those children for any school attendance 
area or school of the local educational agency that 
meets the requirements of subsections (a) and (b) of 
section 1113. 
‘‘(d) DURATION AND EXTENSION OF WAIVER; LIMITA-
TIONS.— 
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a waiver approved by the Secretary under 
this section may be for a period not to exceed 3 years. 
‘‘(2) EXTENSION.—The Secretary may extend the 
period described in paragraph (1) if the State dem-
onstrates that— 
‘‘(A) the waiver has been effective in ena-
bling the State or affected recipient to carry out 
the activities for which the waiver was requested 
and the waiver has contributed to improved stu-
dent achievement; and 
‘‘(B) the extension is in the public interest. 
‘‘(3) SPECIFIC
LIMITATIONS.—The Secretary 
shall not require a State educational agency, local 
educational agency, or Indian tribe, as a condition of 
approval of a waiver request, to— 
‘‘(A) include in, or delete from, such request, 
specific academic standards; 
‘‘(B) use specific academic assessment in-
struments or items; or 
‘‘(C) include in, or delete from, such waiver 
request any criterion that specifies, defines, or 
prescribes the standards or measures that a State 
or local educational agency or Indian tribe uses 
to establish, implement, or improve— 
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‘‘(i) State academic standards; 
‘‘(ii) academic assessments; 
‘‘(iii) State accountability systems; or 
‘‘(iv) teacher and school leader evalua-
tion systems. 
‘‘(e) REPORTS.— 
‘‘(1) WAIVER
REPORTS.—A State educational 
agency, local educational agency, or Indian tribe that 
receives a waiver under this section shall, at the end 
of the second year for which a waiver is received 
under this section and each subsequent year, submit 
a report to the Secretary that— 
‘‘(A) describes the uses of the waiver by the 
agency or by schools; 
‘‘(B) describes how schools continued to pro-
vide assistance to the same populations served by 
the programs for which waivers were granted; 
and 
‘‘(C) evaluates the progress of the agency 
and schools, or Indian tribe, in improving the 
quality of instruction or the academic achieve-
ment of students. 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary 
shall annually submit to the Committee on Education 
and the Workforce of the House of Representatives 
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and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report— 
‘‘(A) summarizing the uses of waivers by 
State educational agencies, local educational 
agencies, Indian tribes, and schools; and 
‘‘(B) describing the status of the waivers in 
improving academic achievement. 
‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall 
terminate a waiver under this section if the Secretary deter-
mines, after notice and an opportunity for a hearing, that 
the performance of the State or other recipient affected by 
the waiver has been inadequate to justify a continuation 
of the waiver and the recipient of the waiver has failed to 
make revisions needed to carry out the purpose of the waiv-
er, or if the waiver is no longer necessary to achieve its 
original purpose. 
‘‘(g) PUBLICATION.—A notice of the Secretary’s deci-
sion to grant each waiver under subsection (a) shall be pub-
lished in the Federal Register and the Secretary shall pro-
vide for the dissemination of the notice to State educational 
agencies, interested parties, including educators, parents, 
students, advocacy and civil rights organizations, and the 
public. 
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‘‘PART E—UNIFORM PROVISIONS 
‘‘SUBPART 1—PRIVATE SCHOOLS 
‘‘SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS. 
‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 
‘‘(1) IN GENERAL.—Except as otherwise provided 
in this Act, to the extent consistent with the number 
of eligible children in areas served by a State edu-
cational agency, local educational agency, educational 
service agency, consortium of those agencies, or an-
other entity receiving financial assistance under a 
program specified in subsection (b), who are enrolled 
in private elementary schools and secondary schools 
in areas served by such agency, consortium, or entity, 
the agency, consortium, or entity shall, after timely 
and meaningful consultation with appropriate pri-
vate school officials or their representatives, provide to 
those children and their teachers or other educational 
personnel, on an equitable basis, special educational 
services or other benefits that address their needs 
under the program. 
‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL 
SERVICES
OR
BENEFITS.—Educational services or 
other benefits, including materials and equipment, 
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provided under this section, shall be secular, neutral, 
and nonideological. 
‘‘(3) SPECIAL RULE.—Educational services and 
other benefits provided under this section for private 
school children, teachers, and other educational per-
sonnel shall be equitable in comparison to services 
and other benefits for public school children, teachers, 
and other educational personnel participating in the 
program and shall be provided in a timely manner. 
‘‘(4) EXPENDITURES.— 
‘‘(A) IN GENERAL.—Expenditures for edu-
cational services and other benefits to eligible 
private school children, teachers, and other serv-
ice personnel shall be equal to the expenditures 
for participating public school children, taking 
into account the number and educational needs, 
of the children to be served. 
‘‘(B) OBLIGATION OF FUNDS.—Funds allo-
cated to a local educational agency for edu-
cational services and other benefits to eligible 
private school children shall— 
‘‘(i) be obligated in the fiscal year for 
which the funds are received by the agency; 
and 
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‘‘(ii) with respect to any such funds 
that cannot be so obligated, be used to serve 
such children in the following fiscal year. 
‘‘(C) NOTICE OF ALLOCATION.—Each State 
educational agency shall— 
‘‘(i) determine, in a timely manner, 
the proportion of funds to be allocated to 
each local educational agency in the State 
for educational services and other benefits 
under this subpart to eligible private school 
children; and 
‘‘(ii) provide notice, simultaneously, to 
each such local educational agency and the 
appropriate private school officials or their 
representatives in the State of such alloca-
tion of funds. 
‘‘(5) PROVISION OF SERVICES.—An agency, con-
sortium, or entity described in subsection (a)(1) of 
this section may provide those services directly or 
through contracts with public and private agencies, 
organizations, and institutions. 
‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—This section applies to pro-
grams under— 
‘‘(A) subpart 2 of part A of title I; 
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‘‘(B) subpart 4 of part A of title I; 
‘‘(C) part A of title II; 
‘‘(D) part B of title II; and 
‘‘(E) part B of title III. 
‘‘(2) DEFINITION.—For the purpose of this sec-
tion, the term ‘eligible children’ means children eligi-
ble for services under a program described in para-
graph (1). 
‘‘(c) CONSULTATION.— 
‘‘(1) IN GENERAL.—To ensure timely and mean-
ingful consultation, a State educational agency, local 
educational agency, educational service agency, con-
sortium of those agencies, or entity shall consult, in 
order to reach an agreement, with appropriate pri-
vate school officials or their representatives during the 
design and development of the programs under this 
Act, on issues such as— 
‘‘(A) how the children’s needs will be identi-
fied; 
‘‘(B) what services will be offered; 
‘‘(C) how, where, and by whom the services 
will be provided; 
‘‘(D) how the services will be assessed and 
how the results of the assessment will be used to 
improve those services; 
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‘‘(E) the size and scope of the equitable serv-
ices to be provided to the eligible private school 
children, teachers, and other educational per-
sonnel and the amount of funds available for 
those services; 
‘‘(F) how and when the agency, consortium, 
or entity will make decisions about the delivery 
of services, including a thorough consideration 
and analysis of the views of the private school of-
ficials or their representatives on the provision of 
services through potential third-party providers 
or contractors; and 
‘‘(G) how, if the agency disagrees with the 
views of the private school officials or their rep-
resentatives on the provision of services through 
a contract, the local educational agency will pro-
vide in writing to such private school officials 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 private 
school officials or their representatives with respect to 
an issue described in paragraph (1), the agency, con-
sortium, or entity shall provide to the private school 
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officials or their representatives a written explanation 
of the reasons why the local educational agency has 
chosen not to adopt the course of action requested by 
such officials or their representatives. 
‘‘(3) TIMING.—The consultation required by 
paragraph (1) shall occur before the agency, consor-
tium, or entity makes any decision that affects the op-
portunities of eligible private school children, teachers, 
and other educational personnel to participate in pro-
grams under this Act, and shall continue throughout 
the implementation and assessment of activities under 
this section. 
‘‘(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 serv-
ices to eligible private school children, teachers, ad-
ministrators, 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 
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the option for private school officials or their rep-
resentatives to indicate that timely and meaningful 
consultation has not occurred or that the program de-
sign is not equitable with respect to eligible private 
school children. If such officials or their representa-
tives do not provide such affirmation within a rea-
sonable period of time, the local educational agency 
shall forward the documentation that such consulta-
tion has, or attempts at such consultation have, taken 
place to the State educational agency. 
‘‘(6) COMPLIANCE.— 
‘‘(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 representa-
tive, or did not treat the private school or its stu-
dents equitably as required by this section. 
‘‘(B) PROCEDURE.—If the private school of-
ficial or representative wishes to file a com-
plaint, the private school official or representa-
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tive shall provide the basis of the noncompliance 
with this section and all parties shall provide the 
appropriate documentation to the appropriate 
officials or representatives. 
‘‘(C) SERVICES.—A State educational agen-
cy shall provide services under this section di-
rectly or through contracts with public and pri-
vate agencies, organizations, and institutions, 
if— 
‘‘(i) the appropriate private school offi-
cials or their representatives have— 
‘‘(I) requested that the State edu-
cational agency provide such services 
directly; and 
‘‘(II) demonstrated that the local 
educational agency or Education Serv-
ice Agency involved has not met the re-
quirements 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 private 
elementary schools or secondary schools 
in such agency’s school attendance 
areas, 
as 
defined 
in 
section 
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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 sec-
tion. 
‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds used to 
provide services under this section, and title to mate-
rials, 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. 
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‘‘(B) INDEPENDENCE; PUBLIC AGENCY.—In 
the provision of those services, the employee, per-
son, association, agency, organization, or other 
entity shall be independent of the private school 
and of any religious organization, and the em-
ployment 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 this 
section shall not be commingled with non-Fed-
eral funds. 
‘‘SEC. 5502. STANDARDS FOR BY-PASS. 
‘‘(a) IN GENERAL.—If, by reason of any provision of 
law, a State educational agency, local educational agency, 
educational service agency, consortium of those agencies, or 
other entity is prohibited from providing for the participa-
tion 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 sub-
stantially failed or is unwilling to provide for that partici-
pation, as required by section 5501, the Secretary shall— 
‘‘(1) waive the requirements of that section for 
the agency, consortium, or entity; and 
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‘‘(2) arrange for the provision of equitable serv-
ices to those children, teachers, or other educational 
personnel through arrangements that shall be subject 
to the requirements of this section and of sections 
5501, 5503, and 5504. 
‘‘(b) DETERMINATION.—In making the determination 
under subsection (a), the Secretary shall consider one or 
more factors, including the quality, size, scope, and location 
of the program, and the opportunity of private school chil-
dren, teachers, and other educational personnel to partici-
pate in the program. 
‘‘SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF 
PRIVATE SCHOOL CHILDREN. 
‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary 
shall develop and implement written procedures for receiv-
ing, investigating, and resolving complaints from parents, 
teachers, or other individuals and organizations concerning 
violations of section 5501 by a State educational agency, 
local educational agency, educational service agency, con-
sortium of those agencies, or entity. The individual or orga-
nization 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 
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than 30 days after the State educational agency resolves 
the complaint or fails to resolve the complaint within 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. 
‘‘SUBPART 2—PROHIBITIONS 
‘‘SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, 
DIRECTION, OR CONTROL. 
‘‘(a) IN GENERAL.—No officer or employee of the Fed-
eral Government shall, directly or indirectly – through 
grants, contracts, or other cooperative agreements – man-
date, direct, or control a State, local educational agency, 
or school’s specific instructional content, academic stand-
ards and assessments, curricula, or program of instruction, 
nor shall anything in this Act be construed to authorize 
such officer or employee to do so. 
‘‘(b) FINANCIAL SUPPORT.—No officer or employee of 
the Federal Government shall, directly or indirectly – 
through grants, contracts, or other cooperative agreements 
– make financial support available in a manner that is 
conditioned upon a State, local educational agency, or 
school’s adoption of specific instructional content, academic 
standards and assessments, curriculum, or program of in-
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struction even if such requirements are specified in an Act 
other than this Act, nor shall anything in this Act be con-
strued to authorize such officer or employee to do so. 
‘‘SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND 
USE OF FEDERAL FUNDS. 
‘‘(a) GENERAL PROHIBITION.—Nothing in this Act 
shall be construed to authorize an officer or employee of the 
Federal Government directly or indirectly – whether 
through a grant, contract, or cooperative agreement – to 
mandate, direct, or control a State, local educational agen-
cy, or school’s curriculum, program of instruction, or allo-
cation of State or local resources, or mandate a State or 
any subdivision thereof to spend any funds or incur any 
costs not paid for under this Act. 
‘‘(b) PROHIBITION
ON
ENDORSEMENT
OF
CUR-
RICULUM.—Notwithstanding any other prohibition of Fed-
eral law, no funds provided to the Department under this 
Act may be used by the Department directly or indirectly 
– whether through a grant, contract, or cooperative agree-
ment – to endorse, approve, develop, require, or sanction 
any curriculum designed to be used in an elementary school 
or secondary school. 
‘‘(c) LOCAL CONTROL.—Nothing in this Act shall be 
construed to— 
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‘‘(1) authorize an officer or employee of the Fed-
eral Government directly or indirectly – whether 
through a grant, contract, or cooperative agreement – 
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 assist-
ance under this Act. 
‘‘(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. 
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‘‘SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED 
TESTING. 
‘‘(a) GENERAL PROHIBITION.—Notwithstanding any 
other provision of Federal law and except as provided in 
subsection (b), no funds provided under this Act to the Sec-
retary or to the recipient of any award may be used to 
develop, pilot test, field test, implement, administer, or dis-
tribute any federally sponsored national test or testing ma-
terials 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 Re-
form Act of 2002 and administered to only a representative 
sample of pupils in the United States and in foreign na-
tions. 
‘‘SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CER-
TIFICATION FOR TEACHERS. 
‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFI-
CATION OF TEACHERS.—Notwithstanding any other provi-
sion of this Act or any other provision of law, no funds 
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 education 
paraprofessionals, including any planning, development, 
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implementation, or administration of such test or certifi-
cation. 
‘‘(b) PROHIBITION
ON WITHHOLDING FUNDS.—The 
Secretary is prohibited from withholding funds from any 
State educational agency or local educational agency if the 
State educational agency or local educational agency fails 
to adopt a specific method of teacher or paraprofessional 
certification. 
‘‘SEC. 5525. PROHIBITED USES OF FUNDS. 
‘‘No funds under this Act may be used— 
‘‘(1) for construction, renovation, or repair of 
any school facility, except as authorized under title IV 
or otherwise authorized under this Act; 
‘‘(2) for medical services, drug treatment or re-
habilitation, except for specialized instructional sup-
port services or referral to treatment for students who 
are victims of, or witnesses to, crime or who illegally 
use drugs; 
‘‘(3) for transportation unless otherwise author-
ized under this Act; 
‘‘(4) to develop or distribute materials, or oper-
ate programs or courses of instruction directed at 
youth, that are designed to promote or encourage sex-
ual activity, whether homosexual or heterosexual; 
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‘‘(5) to distribute or to aid in the distribution by 
any organization of legally obscene materials to mi-
nors on school grounds; 
‘‘(6) to provide sex education or HIV-prevention 
education in schools unless that instruction is age ap-
propriate and includes the health benefits of absti-
nence; or 
‘‘(7) to operate a program of contraceptive dis-
tribution in schools. 
‘‘SUBPART 3—OTHER PROVISIONS 
‘‘SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STU-
DENTS AND STUDENT RECRUITING INFORMA-
TION. 
‘‘(a) POLICY.— 
‘‘(1) ACCESS TO STUDENT RECRUITING INFORMA-
TION.—Notwithstanding section 444(a)(5)(B) of the 
General Education Provisions Act, each local edu-
cational agency receiving assistance under this Act 
shall provide, upon a request made by a military re-
cruiter or an institution of higher education, access to 
the name, address, and telephone listing of each sec-
ondary school student served by the local educational 
agency, unless the parent of such student has sub-
mitted the prior consent request under paragraph (2). 
‘‘(2) CONSENT.— 
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321 
‘‘(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 listing 
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 notify 
the parents of the students served by the agency 
of the option to make a request described in sub-
paragraph (A). 
‘‘(3) SAME ACCESS TO STUDENTS.—Each local 
educational agency receiving assistance under this 
Act shall provide military recruiters the same access 
to secondary school students as is provided generally 
to institutions of higher education or to prospective 
employers of those students. 
‘‘(4) RULE OF CONSTRUCTION PROHIBITING OPT- 
IN PROCESSES.—Nothing in this subsection shall be 
construed to allow a local educational agency to with-
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hold access to a student’s name, address, and tele-
phone listing from a military recruiter or institution 
of higher education by implementing an opt-in proc-
ess or any other process other than the written con-
sent 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 student 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, no-
tify school leaders, school administrators, and other edu-
cators about the requirements of this section. 
‘‘(c) EXCEPTION.—The requirements of this section do 
not apply to a private secondary school that maintains a 
religious objection to service in the Armed Forces if the ob-
jection is verifiable through the corporate or other organiza-
tional documents or materials of that school. 
‘‘SEC. 5542. RULEMAKING. 
‘‘The Secretary shall issue regulations under this Act 
as prescribed under section 1401 only to the extent that such 
regulations are necessary to ensure that there is compliance 
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with the specific requirements and assurances required by 
this Act. 
‘‘SEC. 5543. PEER REVIEW. 
‘‘(a) IN GENERAL.—If the Secretary uses a peer review 
panel to evaluate an application for any program required 
under this Act, the Secretary shall conduct it 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, except 
that there shall be at least 75 percent practitioners on 
each panel and in each group formed from the panel. 
‘‘(c) GUIDANCE.—The Secretary shall issue the peer re-
view guidance concurrently with the notice of the grant. 
‘‘(d) REPORTING.—The Secretary shall— 
‘‘(1) make the names of the peer reviewers avail-
able to the public before the final deadline for the ap-
plication of the grant; 
‘‘(2) make the peer review notes publically avail-
able once the review has concluded; and 
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‘‘(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 Sec-
retary 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 par-
ticipate in, or attempt to influence the peer review process, 
except to respond to questions of a technical nature, which 
shall be publicly reported. 
‘‘SEC. 5544. PARENTAL CONSENT. 
‘‘Upon receipt of written notification from the parents 
or legal guardians of a student, the local educational agency 
shall withdraw such student from any program funded 
under part B of title III. The local educational agency shall 
make reasonable efforts to inform parents or legal guardians 
of the content of such programs or activities funded under 
this Act, other than classroom instruction. 
‘‘SEC. 5551. SEVERABILITY. 
‘‘If any provision of this Act is held invalid, the re-
mainder of this Act shall be unaffected thereby. 
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‘‘SEC. 5552. 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 au-
thorized under this Act, as such program or project 
was in effect on the day before such enactment date, 
and publish such information on the Department’s 
website; 
‘‘(2) not later than 60 days after such enactment 
date, identify the number of full-time equivalent em-
ployees 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 elimi-
nated or consolidated since such date; 
‘‘(3) not later than 1 year after such enactment 
date, reduce the workforce of the Department by the 
number of full-time equivalent employees the Depart-
ment calculated under paragraph (2); and 
‘‘(4) not later than 1 year after such enactment 
date, report to the Congress on— 
‘‘(A) the number of employees associated 
with each program or project authorized under 
this Act administered by the Department; 
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‘‘(B) the number of full-time equivalent em-
ployees who were determined to be associated 
with eliminated or consolidated programs or 
projects under paragraph (2); and 
‘‘(C) how the Secretary reduced the number 
of employees at the Department under paragraph 
(3). 
‘‘PART F—EVALUATIONS 
‘‘SEC. 5601. EVALUATIONS. 
‘‘(a) RESERVATION OF FUNDS.—Except as provided in 
subsections (b) and (c), the Secretary may reserve not more 
than 0.5 percent of the amount appropriated to carry out 
each categorical program and demonstration project au-
thorized under this Act— 
‘‘(1) to conduct— 
‘‘(A) comprehensive evaluations of the pro-
gram or project; and 
‘‘(B) studies of the effectiveness of the pro-
gram or project and its administrative impact 
on schools and local educational agencies; 
‘‘(2) to evaluate the aggregate short- and long- 
term effects and cost efficiencies across Federal pro-
grams assisted or authorized under this Act and re-
lated Federal preschool, elementary, and secondary 
programs under any other Federal law; and 
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‘‘(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) TITLE I EXCLUDED.—The Secretary may not re-
serve under subsection (a) funds appropriated to carry out 
any program authorized under title I. 
‘‘(c) 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.— 
(1) TITLE IX.— 
(A) SUBPART 1 OF PART E OF TITLE V.— 
(i) TRANSFER AND REDESIGNATION.— 
Sections 9504 through 9506 (20 U.S.C. 
7884; 7885; 7886) are— 
(I) transferred to title V, as 
amended by subsection (a) of this sec-
tion; 
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(II) inserted after section 5503 of 
such title; and 
(III) redesignated as sections 5504 
through 5506, respectively. 
(ii) AMENDMENTS.—Section 5504 (as 
so redesignated) is amended— 
(I) in subsection (a)(1)(A), by 
striking ‘‘section 9502’’ and inserting 
‘‘section 5502’’; 
(II) in subsection (b), by striking 
‘‘section 9501’’ and inserting ‘‘section 
5501’’; and 
(III) in subsection (d), by striking 
‘‘No Child Left Behind Act of 2001’’ 
and inserting ‘‘Student Success Act’’. 
(B) SUBPART 2 OF PART E OF TITLE V.— 
(i) TRANSFER AND REDESIGNATION.— 
Sections 9531, 9533, and 9534 (20 U.S.C. 
7911; 7913; 7914) are— 
(I) transferred to title V, as 
amended by subparagraph (A) of this 
paragraph; 
(II) inserted after section 5525 of 
such title; and 
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(III) redesignated as sections 5526 
through 5528, respectively. 
(ii) AMENDMENTS.—Section 5528 (as 
so redesignated) is amended— 
(I) by striking ‘‘(a) IN
GEN-
ERAL.—Nothing’’ and inserting ‘‘Noth-
ing’’; and 
(II) by striking subsection (b). 
(C) SUBPART 3 OF PART E OF TITLE V.— 
Sections 9522, 9523, 9524, and 9525 (20 U.S.C. 
7902; 7903; 7904; 7905) are— 
(i) transferred to title V, as amended 
by subparagraph (B) of this paragraph; 
(ii) inserted after section 5544 of such 
title; and 
(iii) redesignated as sections 5545 
through 5548, respectively. 
(2) TITLE
IV.—Sections 4141 and 4155 (20 
U.S.C. 7151; 7161) are— 
(A) transferred to title V, as amended by 
paragraph (1) of this subsection; 
(B) inserted after section 5548 (as so redes-
ignated by paragraph (1)(C)(iii) of this sub-
section); and 
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(C) redesignated as sections 5549 and 5550, 
respectively. 
SEC. 202. REPEAL. 
Title IX (20 U.S.C. 7801 et seq.), as amended by sec-
tion 201(b)(1) of this title, is repealed. 
SEC. 203. 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 before 
the date of the enactment of this Act. 
SEC. 204. 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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Union Calendar No. 320 
112TH CONGRESS 
2D SESSION 
H. R. 3989 
[Report No. 112–458] 
A BILL 
To support State and local accountability for public 
education, inform parents of their schools’ per-
formance, and for other purposes. 
APRIL 27, 2012 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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