HR 5 PCS
‘‘(C) the methods of instruction used in 
the program in which their child is, or will be 
participating, and the methods of instruction 
used in other available programs, including how 
such programs differ in content, instructional 
goals, and the use of English and a native lan-
guage in instruction; 
‘‘(D) how the program in which their child 
is, or will be participating, will meet the edu-
cational strengths and needs of their child; 
‘‘(E) how such program will specifically 
help their child learn English, and meet age-ap-
propriate academic achievement standards for 
grade promotion and graduation; 
‘‘(F) the specific exit requirements for the 
program, including the expected rate of transi-
tion from such program into classrooms that 
are not tailored for English learners, and the 
expected rate of graduation from high school 
for such program if funds under this subpart 
are used for children in secondary schools; 
‘‘(G) in the case of a child with a dis-
ability, how such program meets the objectives 
of the individualized education program of the 
child; and 
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‘‘(H) information pertaining to parental 
rights that includes written guidance— 
‘‘(i) detailing— 
‘‘(I) the right that parents have 
to have their child immediately re-
moved from such program upon their 
request; and 
‘‘(II) the options that parents 
have to decline to enroll their child in 
such program or to choose another 
program or method of instruction, if 
available; and 
‘‘(ii) assisting parents in selecting 
among various programs and methods of 
instruction, if more than one program or 
method is offered by the eligible entity. 
‘‘(2) NOTICE.—The notice and information pro-
vided in paragraph (1) to parents of a child identi-
fied for participation in a language instruction edu-
cational program for English learners shall be in an 
understandable and uniform format and, to the ex-
tent practicable, provided in a language that the 
parents can understand. 
‘‘(3) SPECIAL RULE APPLICABLE DURING THE 
SCHOOL YEAR.—For those children who have not 
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been identified as English learners prior to the be-
ginning of the school year the local educational 
agency shall notify parents within the first 2 weeks 
of the child being placed in a language instruction 
educational program consistent with paragraphs (1) 
and (2). 
‘‘(4) PARENTAL
PARTICIPATION.—Each local 
educational agency receiving funds under this sub-
part shall implement an effective means of outreach 
to parents of English learners to inform the parents 
regarding how the parents can be involved in the 
education of their children, and be active partici-
pants in assisting their children to attain English 
proficiency, achieve at high levels in core academic 
subjects, and meet the State’s academic standards 
expected of all students, including holding, and send-
ing notice of opportunities for, regular meetings for 
the purpose of formulating and responding to rec-
ommendations from parents of students assisted 
under this subpart. 
‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.—A 
student shall not be admitted to, or excluded from, 
any federally assisted education program on the 
basis of a surname or language-minority status.’’. 
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SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS. 
Section 1113 (20 U.S.C. 6313) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
(2) in subsection (c)(4)— 
(A) by striking ‘‘subpart 2’’ and inserting 
‘‘chapter B’’; and 
(B) by striking ‘‘school improvement, cor-
rective action, and restructuring under section 
1116(b)’’ and inserting ‘‘school improvement 
under section 1111(b)(3)(B)(iii)’’. 
SEC. 115. SCHOOLWIDE PROGRAMS. 
Section 1114 (20 U.S.C. 6314) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘part’’ and inserting 
‘‘subpart’’; and 
(ii) by striking ‘‘in which’’ through 
‘‘such families’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)(i), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘children with 
limited English proficiency’’ and in-
serting ‘‘English learners’’; and 
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(II) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
(C) in paragraph (3)(B), by striking 
‘‘maintenance of effort,’’ after ‘‘private school 
children,’’; and 
(D) by striking paragraph (4); 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘(including’’ and 
all that follows through ‘‘1309(2))’’; 
and 
(II) by striking ‘‘content stand-
ards and the State student academic 
achievement standards’’ and inserting 
‘‘standards’’; 
(ii) in subparagraph (B)— 
(I) in clause (i), by striking ‘‘pro-
ficient’’ and all that follows through 
‘‘section 1111(b)(1)(D)’’ and inserting 
‘‘academic standards described in sec-
tion 1111(b)(1)’’; 
(II) in clause (ii), in the matter 
preceding subclause (I), by striking 
‘‘based on scientifically based re-
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search’’ 
and 
inserting 
‘‘evidence- 
based’’; 
(III) in clause (iii)— 
(aa) in subclause (I)— 
(AA) by striking ‘‘stu-
dent academic achievement 
standards’’ 
and 
inserting 
‘‘academic standards’’; and 
(BB) 
by 
striking 
‘‘schoolwide program,’’ and 
all 
that 
follows 
through 
‘‘technical 
education 
pro-
grams; and’’ and inserting 
‘‘schoolwide programs; and’’; 
and 
(bb) in subclause (II), by 
striking ‘‘and’’; 
(IV) in clause (iv)— 
(aa) by striking ‘‘the State 
and local improvement plans’’ 
and inserting ‘‘school improve-
ment strategies’’; and 
(bb) by striking the period 
and inserting ‘‘; and’’; and 
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(II) in clause (ii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(III) in clause (iv), by striking 
‘‘section 1111(b)(3)’’ and inserting 
‘‘section 1111(b)(2)’’; and 
(ii) in subparagraph (B)— 
(I) in clause (i)— 
(aa) in subclause (I), by 
striking ‘‘, after considering the 
recommendation of the technical 
assistance providers under sec-
tion 1117,’’; and 
(bb) in subclause (II), by 
striking ‘‘No Child Left Behind 
Act of 2001’’ and inserting ‘‘Stu-
dent Success Act’’; 
(II) in clause (ii)— 
(aa) by striking ‘‘(including 
administrators of programs de-
scribed in other parts of this 
title)’’; and 
(bb) by striking ‘‘pupil serv-
ices’’ and inserting ‘‘specialized 
instructional support services’’; 
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(III) in clause (iii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(IV) in clause (v), by striking 
‘‘Reading First, Early Reading First, 
Even Start,’’; and 
(3) in subsection (c)— 
(A) by striking ‘‘part’’ and inserting ‘‘sub-
part’’; and 
(B) by striking ‘‘6,’’ and all that follows 
through the period at the end and inserting 
‘‘6.’’. 
SEC. 116. TARGETED ASSISTANCE SCHOOLS. 
Section 1115 (20 U.S.C. 6315) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘are ineligible for a 
schoolwide program under section 1114, or 
that’’; 
(B) by striking ‘‘operate such’’ and insert-
ing ‘‘operate’’; and 
(C) by striking ‘‘part’’ and inserting ‘‘sub-
part’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(B), by striking ‘‘chal-
lenging student academic achievement’’ and in-
serting ‘‘academic’’; 
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(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘limited English 
proficient children’’ and inserting 
‘‘English learners’’; and 
(II) by striking ‘‘part’’ each place 
it appears and inserting ‘‘subpart’’; 
(ii) in subparagraph (B)— 
(I) in the heading, by striking ‘‘, 
EVEN
START, OR
EARLY
READING 
FIRST’’; 
(II) by striking ‘‘, Even Start, or 
Early Reading First’’; and 
(III) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
(iii) in subparagraph (C)— 
(I) by amending the heading to 
read as follows: ‘‘SUBPART
CHIL-
DREN.—’’; 
(II) by striking ‘‘part C’’ and in-
serting ‘‘subpart 3’’; and 
(III) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; and 
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(iv) in subparagraphs (D) and (E), by 
striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
(C) in paragraph (3), by striking ‘‘part’’ 
and inserting ‘‘subpart’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘part’’ and insert-
ing ‘‘subpart’’; and 
(II) by striking ‘‘challenging stu-
dent academic achievement’’ and in-
serting ‘‘academic’’; 
(ii) in subparagraph (A)— 
(I) by striking ‘‘part’’ and insert-
ing ‘‘subpart’’; and 
(II) by striking ‘‘challenging stu-
dent academic achievement’’ and in-
serting ‘‘academic’’; 
(iii) in subparagraph (B), by striking 
‘‘part’’ and inserting ‘‘subpart’’; 
(iv) in subparagraph (C)— 
(I) in the matter preceding clause 
(i), by striking ‘‘based on scientifically 
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based research’’ and inserting ‘‘evi-
dence-based’’; and 
(II) in clause (iii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; 
(v) in subparagraph (D), by striking 
‘‘such as Head Start, Even Start, Early 
Reading First or State-run preschool pro-
grams’’; 
(vi) in subparagraph (E), by striking 
‘‘highly qualified’’ and inserting ‘‘effec-
tive’’; 
(vii) in subparagraph (F)— 
(I) by striking ‘‘in accordance 
with subsection (e)(3) and section 
1119,’’; 
(II) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; and 
(III) by striking ‘‘pupil services 
personnel’’ and inserting ‘‘specialized 
instructional support personnel’’; and 
(viii) in subparagraph (H), by striking 
‘‘vocational’’ and inserting ‘‘career’’; and 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘proficient and ad-
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vanced levels of achievement’’ and insert-
ing ‘‘academic standards’’; 
(ii) in subparagraph (A), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(iii) in subparagraph (B), by striking 
‘‘challenging student academic achieve-
ment’’ and inserting ‘‘academic’’; 
(4) in subsection (d), in the matter preceding 
paragraph (1), by striking ‘‘part’’ each place it ap-
pears and inserting ‘‘subpart’’; 
(5) in subsection (e)— 
(A) in paragraph (2)(B)— 
(i) in the matter preceding clause (i), 
by striking ‘‘part’’ and inserting ‘‘sub-
part’’; and 
(ii) in clause (iii), by striking ‘‘pupil 
services’’ and inserting ‘‘specialized in-
structional support services’’; and 
(B) by striking paragraph (3); and 
(6) by adding at the end the following new sub-
section: 
‘‘(f) DELIVERY OF SERVICES.—The elements of a 
targeted assistance program under this section may be de-
livered by nonprofit or for-profit external providers with 
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expertise in using evidence-based or other effective strate-
gies to improve student achievement.’’. 
SEC. 
117. 
ACADEMIC 
ASSESSMENT 
AND 
LOCAL 
EDU-
CATIONAL AGENCY AND SCHOOL IMPROVE-
MENT; SCHOOL SUPPORT AND RECOGNITION. 
The Act is amended by repealing sections 1116 and 
1117 (20 U.S.C. 6316; 6317). 
SEC. 118. PARENTAL INVOLVEMENT. 
Section 1118 (20 U.S.C. 6318) is amended— 
(1) by striking ‘‘part’’ each place such term ap-
pears and inserting ‘‘subpart’’; 
(2) in subsection (a)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘, 
and’’ and all that follows through ‘‘1116’’; 
and 
(ii) in subparagraph (D), by striking 
‘‘, such as’’ and all that follows through 
‘‘preschool programs’’; and 
(B) in paragraph (3)(A), by striking ‘‘sub-
part 2 of this part’’ each place it appears and 
inserting ‘‘chapter B of this subpart’’; 
(3) by amending subsection (c)(4)(B) to read as 
follows: 
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‘‘(B) a description and explanation of the 
curriculum in use at the school and the forms 
of academic assessment used to measure stu-
dent progress; and’’; 
(4) in subsection (d)(1), by striking ‘‘student 
academic achievement’’ and inserting ‘‘academic’’; 
(5) in subsection (e)— 
(A) in paragraph (1), by striking ‘‘State’s 
academic content standards and State student 
academic achievement standards’’ and inserting 
‘‘State’s academic standards’’; 
(B) in paragraph (3)— 
(i) by striking ‘‘pupil services per-
sonnel,’’ and inserting ‘‘specialized instruc-
tional support personnel,’’; and 
(ii) by striking ‘‘principals,’’ and in-
serting ‘‘school leaders,’’; and 
(C) in paragraph (4), by striking ‘‘Head 
Start, Reading First, Early Reading First, 
Even Start, the Home Instruction Programs for 
Preschool Youngsters, the Parents as Teachers 
Program, and public preschool and other’’ and 
inserting ‘‘other Federal, State, and local’’; and 
(6) by amending subsection (g) to read as fol-
lows: 
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‘‘(g) FAMILY ENGAGEMENT
IN EDUCATION PRO-
GRAMS.—In a State operating a program under subpart 
3 of part A of title III, each local educational agency or 
school that receives assistance under this subpart shall in-
form such parents and organizations of the existence of 
such programs.’’. 
SEC. 119. QUALIFICATIONS FOR PARAPROFESSIONALS. 
Section 1119 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6319) is amended— 
(1) by striking subsections (a), (b), (d), (i), (j), 
(k), and (l); 
(2) by redesignating subsection (c) as sub-
section (a); 
(3) by redesignating subsections (e) through (h) 
as subsections (b) through (e), respectively; 
(4) in subsection (a), as redesignated by para-
graph (2), by striking ‘‘hired after the date of enact-
ment of the No Child Left Behind Act of 2001 
and’’; 
(5) in subsection (b), as redesignated by para-
graph (3), by striking ‘‘Subsections (c) and (d)’’ and 
inserting ‘‘Subsection (a)’’; and 
(6) in the section heading, by striking ‘‘TEACH-
ERS AND’’. 
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SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRI-
VATE SCHOOLS. 
Section 1120 (20 U.S.C. 6320) is amended to read 
as follows: 
‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN 
PRIVATE SCHOOLS. 
‘‘(a) GENERAL REQUIREMENT.— 
‘‘(1) IN
GENERAL.—To the extent consistent 
with the number of eligible children identified under 
section 1115(b) in the school district served by a 
local educational agency who are enrolled in private 
elementary schools and secondary schools, a local 
educational agency shall— 
‘‘(A) after timely and meaningful consulta-
tion with appropriate private school officials or 
representatives, provide such service, on an eq-
uitable basis and individually or in combination, 
as requested by the officials or representatives 
to best meet the needs of such children, special 
educational services, instructional services (in-
cluding evaluations to determine students’ 
progress in their academic needs), counseling, 
mentoring, one-on-one tutoring, or other bene-
fits under this subpart (such as dual enroll-
ment, educational radio and television, com-
puter equipment and materials, other tech-
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nology, and mobile educational services and 
equipment) that address their needs; and 
‘‘(B) ensure that teachers and families of 
the children participate, on an equitable basis, 
in services and activities developed pursuant to 
this subpart. 
‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.— 
Such educational services or other benefits, including 
materials and equipment, shall be secular, neutral, 
and nonideological. 
‘‘(3) EQUITY.— 
‘‘(A) IN
GENERAL.—Educational services 
and other benefits for such private school chil-
dren shall be equitable in comparison to serv-
ices and other benefits for public school chil-
dren participating under this subpart, and shall 
be provided in a timely manner. 
‘‘(B) OMBUDSMAN.—To help ensure such 
equity for such private school children, teach-
ers, and other educational personnel, the State 
educational agency involved shall designate an 
ombudsman to monitor and enforce the require-
ments of this subpart. 
‘‘(4) EXPENDITURES.— 
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‘‘(A) IN GENERAL.—Expenditures for edu-
cational services and other benefits to eligible 
private school children shall be equal to the ex-
penditures for participating public school chil-
dren, taking into account the number, and edu-
cational needs, of the children to be served. The 
share of funds shall be determined based on the 
total allocation received by the local educational 
agency prior to any allowable expenditures au-
thorized under this title. 
‘‘(B) OBLIGATION OF FUNDS.—Funds allo-
cated to a local educational agency for edu-
cational services and other benefits to eligible 
private school children shall— 
‘‘(i) be obligated in the fiscal year for 
which the funds are received by the agen-
cy; and 
‘‘(ii) with respect to any such funds 
that cannot be so obligated, be used to 
serve such children in the following fiscal 
year. 
‘‘(C) 
NOTICE
OF
ALLOCATION.—Each 
State educational agency shall— 
‘‘(i) determine, in a timely manner, 
the proportion of funds to be allocated to 
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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.—The local edu-
cational agency or, in a case described in subsection 
(b)(6)(C), the State educational agency involved, 
may provide services under this section directly or 
through contracts with public or private agencies, 
organizations, and institutions. 
‘‘(b) CONSULTATION.— 
‘‘(1) IN
GENERAL.—To ensure timely and 
meaningful consultation, a local educational agency 
shall consult with appropriate private school officials 
or representatives during the design and develop-
ment of such agency’s programs under this subpart 
in order to reach an agreement between the agency 
and the officials or representatives about equitable 
and effective programs for eligible private school 
children, the results of which shall be transmitted to 
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the 
designated 
ombudsmen 
under 
section 
1120(a)(3)(B). Such process shall include consulta-
tion on issues such as— 
‘‘(A) how the children’s needs will be iden-
tified; 
‘‘(B) what services will be offered; 
‘‘(C) how, where, and by whom the services 
will be provided; 
‘‘(D) how the services will be academically 
assessed and how the results of that assessment 
will be used to improve those services; 
‘‘(E) the size and scope of the equitable 
services to be provided to the eligible private 
school children, and the proportion of funds 
that is allocated under subsection (a)(4)(A) for 
such services, how that proportion of funds is 
determined under such subsection, and an 
itemization of the costs of the services to be 
provided; 
‘‘(F) the method or sources of data that 
are used under subsection (c) and section 
1113(c)(1) to determine the number of children 
from low-income families in participating school 
attendance areas who attend private schools; 
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‘‘(G) how and when the agency will make 
decisions about the delivery of services to such 
children, including a thorough consideration 
and analysis of the views of the private school 
officials or representatives on the provision of 
services through a contract with potential third- 
party providers; 
‘‘(H) how, if the agency disagrees with the 
views of the private school officials or represent-
atives on the provision of services through a 
contract, the local educational agency will pro-
vide in writing to such private school officials 
an analysis of the reasons why the local edu-
cational agency has chosen not to use a con-
tractor; 
‘‘(I) whether the agency will provide serv-
ices under this section directly or through con-
tracts with public and private agencies, organi-
zations, and institutions; 
‘‘(J) whether to provide equitable services 
to eligible private school children— 
‘‘(i) by creating a pool or pools of 
funds with all of the funds allocated under 
subsection (a)(4) based on all the children 
from low-income families who attend pri-
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vate schools in a participating school at-
tendance area of the agency from which 
the local educational agency will provide 
such services to all such children; or 
‘‘(ii) by providing such services to eli-
gible children in each private school in the 
agency’s participating school attendance 
area with the proportion of funds allocated 
under subsection (a)(4) based on the num-
ber of children from low-income families 
who attend such school; 
‘‘(K) at what time and where services will 
be provided; and 
‘‘(L) whether to consolidate and use funds 
under this subpart to provide schoolwide pro-
grams for a private school. 
‘‘(2) DISAGREEMENT.—If a local educational 
agency disagrees with the views of private school of-
ficials or representatives with respect to an issue de-
scribed in paragraph (1), the local educational agen-
cy shall provide in writing to such private school of-
ficials an analysis of the reasons why the local edu-
cational agency has chosen not to adopt the course 
of action requested by such officials. 
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‘‘(3) TIMING.—Such consultation shall include 
meetings of agency and private school officials or 
representatives and shall occur before the local edu-
cational agency makes any decision that affects the 
opportunities of eligible private school children to 
participate in programs under this subpart. Such 
meetings shall continue throughout implementation 
and assessment of services provided under this sec-
tion. 
‘‘(4) DISCUSSION.—Such consultation shall in-
clude a discussion of service delivery mechanisms a 
local educational agency can use to provide equitable 
services to eligible private school children. 
‘‘(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 representa-
tives of each participating private school that the 
meaningful consultation required by this section has 
occurred. The written affirmation shall provide the 
option for private school officials or representatives 
to indicate that timely and meaningful consultation 
has not occurred or that the program design is not 
equitable with respect to eligible private school chil-
dren. If such officials or representatives do not pro-
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vide such affirmation within a reasonable period of 
time, the local educational agency shall forward the 
documentation that such consultation has, or at-
tempts at such consultation have, taken place to the 
State educational agency. 
‘‘(6) COMPLIANCE.— 
‘‘(A) IN GENERAL.—A private school offi-
cial shall have the right to file a complaint with 
the State educational agency that the local edu-
cational agency did not engage in consultation 
that was meaningful and timely, did not give 
due consideration to the views of the private 
school official, or did not treat the private 
school or its students equitably as required by 
this section. 
‘‘(B) PROCEDURE.—If the private school 
official wishes to file a complaint, the official 
shall provide the basis of the noncompliance 
with this section by the local educational agency 
to the State educational agency, and the local 
educational agency shall forward the appro-
priate documentation to the State educational 
agency. 
‘‘(C) STATE EDUCATIONAL AGENCIES.—A 
State educational agency shall provide services 
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under this section directly or through contracts 
with public or private agencies, organizations, 
and institutions, if— 
‘‘(i) the appropriate private school of-
ficials or their representatives have— 
‘‘(I) requested that the State 
educational agency provide such serv-
ices directly; and 
‘‘(II) demonstrated that the local 
educational agency involved has not 
met the requirements of this section; 
or 
‘‘(ii) in a case in which— 
‘‘(I) a local educational agency 
has more than 10,000 children from 
low-income families who attend pri-
vate elementary schools or secondary 
schools in a participating school at-
tendance area of the agency that are 
not being served by the agency’s pro-
gram under this section; or 
‘‘(II) 90 percent of the eligible 
private school students in a partici-
pating school attendance area of the 
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agency are not being served by the 
agency’s program under this section. 
‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRI-
VATE SCHOOL STUDENTS.— 
‘‘(1) CALCULATION.—A local educational agen-
cy shall have the final authority, consistent with this 
section, to calculate the number of children, ages 5 
through 17, who are from low-income families and 
attend private schools by— 
‘‘(A) using the same measure of low in-
come used to count public school children; 
‘‘(B) using the results of a survey that, to 
the extent possible, protects the identity of fam-
ilies of private school students, and allowing 
such survey results to be extrapolated if com-
plete actual data are unavailable; 
‘‘(C) applying the low-income percentage of 
each participating public school attendance 
area, determined pursuant to this section, to 
the number of private school children who re-
side in that school attendance area; or 
‘‘(D) using an equated measure of low in-
come correlated with the measure of low income 
used to count public school children. 
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‘‘(2) COMPLAINT
PROCESS.—Any dispute re-
garding low-income data for private school students 
shall be subject to the complaint process authorized 
in section 6503. 
‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds pro-
vided under this subpart, and title to materials, 
equipment, and property purchased with such funds, 
shall be in a public agency, and a public agency shall 
administer such funds, materials, equipment, and 
property. 
‘‘(2) PROVISION OF SERVICES.— 
‘‘(A) PROVIDER.—The provision of services 
under this section shall be provided— 
‘‘(i) by employees of a public agency; 
or 
‘‘(ii) through a contract by such pub-
lic agency with an individual, association, 
agency, or organization. 
‘‘(B) REQUIREMENT.—In the provision of 
such services, such employee, individual, asso-
ciation, agency, or organization shall be inde-
pendent of such private school and of any reli-
gious organization, and such employment or 
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contract shall be under the control and super-
vision of such public agency. 
‘‘(e) STANDARDS FOR A BYPASS.—If a local edu-
cational agency is prohibited by law from providing for 
the participation in programs on an equitable basis of eli-
gible children enrolled in private elementary schools and 
secondary schools, or if the Secretary determines that a 
local educational agency has substantially failed or is un-
willing to provide for such participation, as required by 
this section, the Secretary shall— 
‘‘(1) waive the requirements of this section for 
such local educational agency; 
‘‘(2) arrange for the provision of services to 
such children through arrangements that shall be 
subject to the requirements of this section and sec-
tions 6503 and 6504; and 
‘‘(3) in making the determination under this 
subsection, consider one or more factors, including 
the quality, size, scope, and location of the program 
and the opportunity of eligible children to partici-
pate.’’. 
SEC. 121. FISCAL REQUIREMENTS. 
Section 1120A (20 U.S.C. 6321) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
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(2) by striking subsection (a) and redesignating 
subsections (b), (c), and (d) as subsections (a), (b), 
and (c), respectively. 
SEC. 122. COORDINATION REQUIREMENTS. 
Section 1120B (20 U.S.C. 6322) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
(2) in subsection (a)— 
(A) by striking ‘‘such as the Early Reading 
First program’’; and 
(B) by adding at the end the following new 
sentence: ‘‘Each local educational agency shall 
develop agreements with such Head Start agen-
cies and other entities to carry out such activi-
ties.’’; and 
(3) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘, such as the Early Reading First 
program,’’; 
(B) in paragraphs (1) through (3), by 
striking ‘‘such as the Early Reading First pro-
gram’’ each place it appears; 
(C) in paragraph (4), by striking ‘‘Early 
Reading First program staff,’’; and 
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(D) in paragraph (5), by striking ‘‘and en-
tities carrying out Early Reading First pro-
grams’’. 
SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE 
SECRETARY OF THE INTERIOR. 
Section 1121 (20 U.S.C. 6331) is amended— 
(1) in subsection (a), by striking ‘‘appropriated 
for payments to States for any fiscal year under sec-
tion 1002(a) and 1125A(f)’’ and inserting ‘‘reserved 
for this chapter under section 1122(a)’’; 
(2) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘the No 
Child Left Behind Act of 2001’’ and inserting 
‘‘the Student Success Act’’; and 
(B) in paragraph (3)— 
(i) in subparagraph (B), by striking 
‘‘basis,’’ and all that follows through the 
period at the end and inserting ‘‘basis.’’; 
(ii) in subparagraph (C)(ii), by strik-
ing ‘‘challenging State academic content 
standards’’ and inserting ‘‘State academic 
standards’’; and 
(iii) by striking subparagraph (D); 
and 
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(3) in subsection (d)(2), by striking ‘‘part’’ and 
inserting ‘‘subpart’’. 
SEC. 124. ALLOCATIONS TO STATES. 
Section 1122 (20 U.S.C. 6332) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) RESERVATION.— 
‘‘(1) IN GENERAL.—From the amounts appro-
priated under section 3(a)(1), the Secretary shall re-
serve 91.44 percent of such amounts to carry out 
this chapter. 
‘‘(2) ALLOCATION FORMULA.—Of the amount 
reserved under paragraph (1) for each of fiscal years 
2016 to 2019 (referred to in this subsection as the 
current fiscal year)— 
‘‘(A) an amount equal to the amount made 
available to carry out section 1124 for fiscal 
year 2001 shall be used to carry out section 
1124; 
‘‘(B) an amount equal to the amount made 
available to carry out section 1124A for fiscal 
year 2001 shall be used to carry out section 
1124A; and 
‘‘(C) an amount equal to 100 percent of 
the amount, if any, by which the total amount 
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made available to carry out this chapter for the 
fiscal year for which the determination is made 
exceeds the total amount available to carry out 
sections 1124 and 1124A for fiscal year 2001 
shall be used to carry out sections 1125 and 
1125A and such amount shall be divided equal-
ly between sections 1125 and 1125A.’’; 
(2) in subsection (b)(1), by striking ‘‘subpart’’ 
and inserting ‘‘chapter’’; 
(3) in subsection (c)(3), by striking ‘‘part’’ and 
inserting ‘‘subpart’’; and 
(4) in subsection (d)(1), by striking ‘‘subpart’’ 
and inserting ‘‘chapter’’. 
SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES. 
Section 1124 (20 U.S.C. 6333) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3)— 
(i) in subparagraph (B), by striking 
‘‘subpart’’ and inserting ‘‘chapter’’; and 
(ii) in subparagraph (C)(i), by strik-
ing ‘‘subpart’’ and inserting ‘‘chapter’’; 
and 
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(B) in paragraph (4)(C), by striking ‘‘sub-
part’’ each place it appears and inserting 
‘‘chapter’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)(B), by striking ‘‘sub-
part 1 of part D’’ and inserting ‘‘chapter A of 
subpart 3’’; and 
(B) in paragraph (2), by striking ‘‘part’’ 
and inserting ‘‘subpart’’. 
SEC. 126. TARGETED GRANTS TO LOCAL EDUCATIONAL 
AGENCIES. 
Section 1125 (20 U.S.C. 6335) is amended— 
(1) in subsection (c)(2)— 
(A) in subparagraph (B)— 
(i) in clause (i), by striking ‘‘15.58’’ 
and inserting ‘‘15.59’’; 
(ii) in clause (ii)— 
(I) by striking ‘‘15.58’’ and in-
serting ‘‘15.59’’; and 
(II) by striking ‘‘22.11’’ and in-
serting ‘‘22.12’’; 
(iii) in clause (iii)— 
(I) by striking ‘‘22.11’’ and in-
serting ‘‘22.12’’; and 
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(II) by striking ‘‘30.16’’ and in-
serting ‘‘30.17’’; 
(iv) in clause (iv)— 
(I) by striking ‘‘30.16’’ and in-
serting ‘‘30.17’’; and 
(II) by striking ‘‘38.24’’ and in-
serting ‘‘38.25’’; and 
(v) in clause (v), by striking ‘‘38.24’’ 
and inserting ‘‘38.25’’; 
(B) in subparagraph (C)— 
(i) in clause (i), by striking ‘‘691’’ 
and inserting ‘‘692’’; 
(ii) in clause (ii)— 
(I) by striking ‘‘692’’ and insert-
ing ‘‘693’’; and 
(II) by striking ‘‘2,262’’ and in-
serting ‘‘2,263’’; 
(iii) in clause (iii)— 
(I) by striking ‘‘2,263’’ and in-
serting ‘‘2,264’’; and 
(II) by striking ‘‘7,851’’ and in-
serting ‘‘7,852’’; 
(iv) in clause (iv)— 
(I) by striking ‘‘7,852’’ and in-
serting ‘‘7,853’’; and 
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(II) by striking ‘‘35,514’’ and in-
serting ‘‘35,515’’; and 
(v) in clause (v), by striking ‘‘35,514’’ 
and inserting ‘‘35,515’’; and 
(2) by adding at the end the following: 
‘‘(f) APPLICATION.— 
‘‘(1) IN GENERAL.—The percentage and num-
ber ranges described in subparagraphs (B) and (C) 
of subsection (c)(2) shall be applied with respect to 
fiscal years 2016, 2017, 2018, 2019, 2020, and 
2021 as such percentages and numbers were in ef-
fect on the day before the date of the enactment of 
the Student Success Act. 
‘‘(2) SECRETARY’S CERTIFICATION.—For fiscal 
year 2022 and each subsequent fiscal year, the per-
centage and number ranges described in subpara-
graphs (B) and (C) of subsection (c)(2) shall be ap-
plied as such percentages and numbers were in ef-
fect on the day before the date of the enactment of 
the Student Success Act unless the Secretary cer-
tifies that amendments made to such percentages 
and numbers by the Student Success Act will not re-
sult in harm to any school district.’’. 
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SEC. 127. ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL 
AGENCIES IN FISCAL YEARS AFTER FISCAL 
YEAR 2001. 
Section 1125AA (20 U.S.C. 6336) is amended to 
read as follows: 
‘‘SEC. 1125AA. ADEQUACY OF FUNDING TO LOCAL EDU-
CATIONAL 
AGENCIES 
IN 
FISCAL 
YEARS 
AFTER FISCAL YEAR 2001. 
‘‘(a) LIMITATION OF ALLOCATION.—Pursuant to sec-
tion 1122, the total amount allocated in any fiscal year 
after fiscal year 2001 for programs and activities under 
this subpart shall not exceed the amount allocated in fiscal 
year 2001 for such programs and activities unless the 
amount available for targeted grants to local educational 
agencies under section 1125 in the applicable fiscal year 
meets the requirements of section 1122(a). 
‘‘(b) FINDINGS.—Congress makes the following find-
ings: 
‘‘(1) The formulas for distributing Targeted 
and Education Finance Incentive grants use two 
weighting systems, one based on the percentage of 
the aged 5-17 population in a local educational agen-
cy that is eligible to receive funds under this title 
(percentage weighting), and another based on the 
absolute 
number 
of 
such 
students 
(number 
weighting). Whichever of these weighting systems re-
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sults in the highest total weighted formula student 
count for a local educational agency is the weighting 
system used for that agency in the final allocation 
of Targeted and Education Finance Incentive Grant 
funds. 
‘‘(2) The Congressional Research Service has 
said the number weighting alternative is generally 
more favorable to large local educational agencies 
with much larger counts of eligible children, but not 
necessarily higher concentrations, weighted at the 
highest point in the scale than smaller local edu-
cational agencies with smaller counts, but higher 
concentrations, of eligible children. 
‘‘(3) The current percentage and number 
weighting scales are based on the most current data 
available in 2001 on the distribution of eligible chil-
dren across local educational agencies. 
‘‘(4) Prior to the date of the enactment of the 
Student Success Act, Congress expects updated data 
to be available, which will provide Congress an op-
portunity to update these scales based on such data. 
‘‘(5) When these scales are updated, Congress 
has a further obligation to evaluate the use of per-
centage and number weighting to ensure the most 
equitable distribution of Targeted and Education Fi-
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nance Incentive Grant funds to local educational 
agencies.’’. 
SEC. 128. EDUCATION FINANCE INCENTIVE GRANT PRO-
GRAM. 
Section 1125A (20 U.S.C. 6337) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
(2) in subsection (b)(1)— 
(A) in subparagraph (A), by striking ‘‘ap-
propriated pursuant to subsection (f)’’ and in-
serting ‘‘made available for any fiscal year to 
carry out this section’’; and 
(B) in subparagraph (B)(i), by striking 
‘‘total appropriations’’ and inserting ‘‘the total 
amount reserved under section 1122(a) to carry 
out this section’’; 
(3) by striking subsections (a), (e), and (f) and 
redesignating subsections (b), (c), (d), and (g) as 
subsections (a), (b), (c), and (d), respectively; 
(4) in subsection (b), as so redesignated, by re-
designating subparagraphs (A) and (B) as para-
graphs (1) and (2), respectively; 
(5) in subsection (c), as so redesignated— 
(A) in paragraph (1)(B)— 
(i) in clause (ii)— 
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(I) in subclause (I), by striking 
‘‘15.58’’ and inserting ‘‘15.59’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘15.58’’ and 
inserting ‘‘15.59’’; and 
(bb) by striking ‘‘22.11’’ 
and inserting ‘‘22.12’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘22.11’’ and 
inserting ‘‘22.12’’; and 
(bb) by striking ‘‘30.16’’ 
and inserting ‘‘30.17’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘30.16’’ and 
inserting ‘‘30.17’’; and 
(bb) by striking ‘‘38.24’’ 
and inserting ‘‘38.25’’; and 
(V) in subclause (V), by striking 
‘‘38.24’’ and inserting ‘‘38.25’’; and 
(ii) in clause (iii)— 
(I) in subclause (I), by striking 
‘‘691’’ and inserting ‘‘692’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘692’’ and 
inserting ‘‘693’’; and 
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(bb) by striking ‘‘2,262’’ 
and inserting ‘‘2,263’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘2,263’’ and 
inserting ‘‘2,264’’; and 
(bb) by striking ‘‘7,851’’ 
and inserting ‘‘7,852’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘7,852’’ and 
inserting ‘‘7,853’’; and 
(bb) by striking ‘‘35,514’’ 
and inserting ‘‘35,515’’; and 
(V) in subclause (V), by striking 
‘‘35,514’’ and inserting ‘‘35,515’’; 
(B) in paragraph (2)(B)— 
(i) in clause (ii)— 
(I) in subclause (I), by striking 
‘‘15.58’’ and inserting ‘‘15.59’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘15.58’’ and 
inserting ‘‘15.59’’; and 
(bb) by striking ‘‘22.11’’ 
and inserting ‘‘22.12’’; 
(III) in subclause (III)— 
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(aa) by striking ‘‘22.11’’ and 
inserting ‘‘22.12’’; and 
(bb) by striking ‘‘30.16’’ 
and inserting ‘‘30.17’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘30.16’’ and 
inserting ‘‘30.17’’; and 
(bb) by striking ‘‘38.24’’ 
and inserting ‘‘38.25’’; and 
(V) in subclause (V), by striking 
‘‘38.24’’ and inserting ‘‘38.25’’; and 
(ii) in clause (iii)— 
(I) in subclause (I), by striking 
‘‘691’’ and inserting ‘‘692’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘692’’ and 
inserting ‘‘693’’; and 
(bb) by striking ‘‘2,262’’ 
and inserting ‘‘2,263’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘2,263’’ and 
inserting ‘‘2,264’’; and 
(bb) by striking ‘‘7,851’’ 
and inserting ‘‘7,852’’; 
(IV) in subclause (IV)— 
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(aa) by striking ‘‘7,852’’ and 
inserting ‘‘7,853’’; and 
(bb) by striking ‘‘35,514’’ 
and inserting ‘‘35,515’’; and 
(V) in subclause (V), by striking 
‘‘35,514’’ and inserting ‘‘35,515’’; and 
(C) in paragraph (3)(B)— 
(i) in clause (ii)— 
(I) in subclause (I), by striking 
‘‘15.58’’ and inserting ‘‘15.59’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘15.58’’ and 
inserting ‘‘15.59’’; and 
(bb) by striking ‘‘22.11’’ 
and inserting ‘‘22.12’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘22.11’’ and 
inserting ‘‘22.12’’; and 
(bb) by striking ‘‘30.16’’ 
and inserting ‘‘30.17’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘30.16’’ and 
inserting ‘‘30.17’’; and 
(bb) by striking ‘‘38.24’’ 
and inserting ‘‘38.25’’; and 
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(V) in subclause (V), by striking 
‘‘38.24’’ and inserting ‘‘38.25’’; and 
(ii) in clause (iii)— 
(I) in subclause (I), by striking 
‘‘691’’ and inserting ‘‘692’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘692’’ and 
inserting ‘‘693’’; and 
(bb) by striking ‘‘2,262’’ 
and inserting ‘‘2,263’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘2,263’’ and 
inserting ‘‘2,264’’; and 
(bb) by striking ‘‘7,851’’ 
and inserting ‘‘7,852’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘7,852’’ and 
inserting ‘‘7,853’’; and 
(bb) by striking ‘‘35,514’’ 
and inserting ‘‘35,515’’; and 
(V) in subclause (V), by striking 
‘‘35,514’’ and inserting ‘‘35,515’’; and 
(6) by adding at the end the following new sub-
section: 
‘‘(e) APPLICATION.— 
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‘‘(1) IN GENERAL.—The percentage and num-
ber ranges described in clauses (ii) and (iii) of para-
graph (1)(B), clauses (ii) and (iii) of paragraph 
(2)(B), and clauses (ii) and (iii) of paragraph (3)(B) 
shall be applied with respect to fiscal years 2016, 
2017, 2018, 2019, 2020, and 2021 as such percent-
ages and numbers were in effect on the day before 
the date of the enactment of the Student Success 
Act. 
‘‘(2) SECRETARY’S CERTIFICATION.—For fiscal 
year 2022 and each subsequent fiscal year, the per-
centage and number ranges described in clauses (ii) 
and (iii) of paragraph (1)(B), clauses (ii) and (iii) 
of paragraph (2)(B), and clauses (ii) and (iii) of 
paragraph (3)(B) shall be applied as such percent-
ages and numbers were in effect on the day before 
the date of the enactment of the Student Success 
Act unless the Secretary certifies that amendments 
made to such percentages and numbers by the Stu-
dent Success Act will not result in harm to any 
school district.’’. 
SEC. 129. CARRYOVER AND WAIVER. 
Section 1127 (20 U.S.C. 6339) is amended by strik-
ing ‘‘subpart’’ each place it appears and inserting ‘‘chap-
ter’’. 
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SEC. 130. TITLE I PORTABILITY. 
Chapter B of subpart 1 of part A of title I (20 U.S.C. 
6331 et seq.) is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME 
CHILD STATE OPTION. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law and to the extent permitted under State law, 
a State educational agency may allocate grant funds under 
this chapter among the local educational agencies in the 
State based on the number of eligible children enrolled in 
the public schools served by each local educational agency. 
‘‘(b) ELIGIBLE CHILD.— 
‘‘(1) DEFINITION.—In this section, the term 
‘eligible child’ means a child aged 5 to 17, inclusive, 
from a family with an income below the poverty level 
on the basis of the most recent satisfactory data 
published by the Department of Commerce. 
‘‘(2) CRITERIA OF POVERTY.—In determining 
the families with incomes below the poverty level for 
the purposes of this section, a State educational 
agency shall use the criteria of poverty used by the 
Census Bureau in compiling the most recent decen-
nial census, as the criteria have been updated by in-
creases in the Consumer Price Index for All Urban 
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Consumers, published by the Bureau of Labor Sta-
tistics. 
‘‘(c) STUDENT ENROLLMENT IN PUBLIC SCHOOLS.— 
‘‘(1) IDENTIFICATION
OF
ELIGIBLE
CHIL-
DREN.—On an annual basis, on a date to be deter-
mined by the State educational agency, each local 
educational agency that receives grant funding in ac-
cordance with subsection (a) shall inform the State 
educational agency of the number of eligible children 
enrolled in public schools served by the local edu-
cational agency. 
‘‘(2) ALLOCATION
TO
LOCAL
EDUCATIONAL 
AGENCIES.—Based on the identification of eligible 
children in paragraph (1), the State educational 
agency shall provide to a local educational agency an 
amount equal to the sum of the amount available for 
each eligible child in the State multiplied by the 
number of eligible children identified by the local 
educational agency under paragraph (1). 
‘‘(3) DISTRIBUTION TO SCHOOLS.—Each local 
educational agency that receives funds under para-
graph (2) shall distribute such funds to the public 
schools served by the local educational agency— 
‘‘(A) based on the number of eligible chil-
dren enrolled in such schools; and 
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‘‘(B) in a manner that would, in the ab-
sence of such Federal funds, supplement the 
funds made available from non-Federal re-
sources for the education of pupils participating 
in programs under this subpart, and not to sup-
plant such funds.’’. 
Subtitle C—Additional Aid to 
States and School Districts 
SEC. 131. ADDITIONAL AID. 
(a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.), 
as amended by the preceding provisions of this Act, is fur-
ther amended— 
(1) by striking parts B through D and F 
through H; and 
(2) by inserting after subpart 1 of part A the 
following: 
‘‘Subpart 2—Education of Migratory Children 
‘‘SEC. 1131. PROGRAM PURPOSES. 
‘‘The purposes of this subpart are as follows: 
‘‘(1) To assist States in supporting high-quality 
and comprehensive educational programs and serv-
ices during the school year, and as applicable, during 
summer or intercession periods, that address the 
unique educational needs of migratory children. 
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‘‘(2) To ensure that migratory children who 
move among the States, not be penalized in any 
manner by disparities among the States in cur-
riculum, graduation requirements, and State aca-
demic standards. 
‘‘(3) To help such children succeed in school, 
meet the State academic standards that all children 
are expected to meet, and graduate from high school 
prepared for postsecondary education and the work-
force without the need for remediation. 
‘‘(4) To help such children overcome edu-
cational disruption, cultural and language barriers, 
social isolation, various health-related problems, and 
other factors that inhibit the ability of such children 
to succeed in school. 
‘‘(5) To help such children benefit from State 
and local systemic reforms. 
‘‘SEC. 1132. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From the amounts appropriated 
under section 3(a)(1), the Secretary shall reserve 2.45 per-
cent to carry out this subpart. 
‘‘(b) GRANTS AWARDED.—From the amounts re-
served under subsection (a) and not reserved under section 
1138(c), the Secretary shall make allotments for the fiscal 
year to State educational agencies, or consortia of such 
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agencies, to establish or improve, directly or through local 
operating agencies, programs of education for migratory 
children in accordance with this subpart. 
‘‘SEC. 1133. STATE ALLOCATIONS. 
‘‘(a) STATE ALLOCATIONS.—Except as provided in 
subsection (c), each State (other than the Commonwealth 
of Puerto Rico) is entitled to receive under this subpart 
an amount equal to the product of— 
‘‘(1) the sum of— 
‘‘(A) the average number of identified eligi-
ble full-time equivalent migratory children aged 
3 through 21 residing in the State, based on 
data for the preceding 3 years; and 
‘‘(B) the number of identified eligible mi-
gratory children, aged 3 through 21, who re-
ceived services under this subpart in summer or 
intersession programs provided by the State 
during the previous year; multiplied by 
‘‘(2) 40 percent of the average per-pupil ex-
penditure in the State, except that the amount de-
termined under this paragraph shall not be less than 
32 percent, nor more than 48 percent, of the aver-
age per-pupil expenditure in the United States. 
‘‘(b) HOLD HARMLESS.—Notwithstanding subsection 
(a), for each of fiscal years 2016 through 2018, no State 
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shall receive less than 90 percent of the State’s allocation 
under this section for the previous year. 
‘‘(c) ALLOCATION TO PUERTO RICO.—For each fiscal 
year, the grant which the Commonwealth of Puerto Rico 
shall be eligible to receive under this subpart shall be the 
amount determined by multiplying the number of children 
who would be counted under subsection (a)(1) if such sub-
section applied to the Commonwealth of Puerto Rico by 
the product of— 
‘‘(1) the percentage that the average per-pupil 
expenditure in the Commonwealth of Puerto Rico is 
of the lowest average per-pupil expenditure of any of 
the 50 States, except that the percentage calculated 
under this subparagraph shall not be less than 85 
percent; and 
‘‘(2) 32 percent of the average per-pupil ex-
penditure in the United States. 
‘‘(d) RATABLE REDUCTIONS; REALLOCATIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) RATABLE REDUCTIONS.—If, after the 
Secretary reserves funds under section 1138(c), 
the amount appropriated to carry out this sub-
part for any fiscal year is insufficient to pay in 
full the amounts for which all States are eligi-
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ble, the Secretary shall ratably reduce each 
such amount. 
‘‘(B) REALLOCATION.—If additional funds 
become available for making such payments for 
any fiscal year, the Secretary shall allocate such 
funds to States in amounts that the Secretary 
determines will best carry out the purpose of 
this subpart. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) FURTHER
REDUCTIONS.—The Sec-
retary shall further reduce the amount of any 
grant to a State under this subpart for any fis-
cal year if the Secretary determines, based on 
available information on the numbers and needs 
of migratory children in the State and the pro-
gram proposed by the State to address such 
needs, that such amount exceeds the amount 
required under section 1134. 
‘‘(B) REALLOCATION.—The Secretary shall 
reallocate such excess funds to other States 
whose grants under this subpart would other-
wise be insufficient to provide an appropriate 
level of services to migratory children, in such 
amounts as the Secretary determines are appro-
priate. 
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‘‘(e) CONSORTIUM ARRANGEMENTS.— 
‘‘(1) IN GENERAL.—In the case of a State that 
receives a grant of $1,000,000 or less under this 
section, the Secretary shall consult with the State 
educational agency to determine whether consortium 
arrangements with another State or other appro-
priate entity would result in delivery of services in 
a more effective and efficient manner. 
‘‘(2) PROPOSALS.—Any State, regardless of the 
amount of such State’s allocation, may submit a 
consortium arrangement to the Secretary for ap-
proval. 
‘‘(3) APPROVAL.—The Secretary shall approve 
a consortium arrangement under paragraph (1) or 
(2) if the proposal demonstrates that the arrange-
ment will— 
‘‘(A) reduce administrative costs or pro-
gram function costs for State programs; and 
‘‘(B) make more funds available for direct 
services to add substantially to the educational 
achievement of children to be served under this 
subpart. 
‘‘(f) DETERMINING NUMBERS OF ELIGIBLE CHIL-
DREN.—In order to determine the identified number of 
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migratory children residing in each State for purposes of 
this section, the Secretary shall— 
‘‘(1) use the most recent information that most 
accurately reflects the actual number of migratory 
children; 
‘‘(2) develop and implement a procedure for 
monitoring the accuracy of such information; 
‘‘(3) develop and implement a procedure for 
more accurately reflecting cost factors for different 
types of summer and intersession program designs; 
‘‘(4) adjust the full-time equivalent number of 
migratory children who reside in each State to take 
into account— 
‘‘(A) the unique needs of those children 
participating in evidence-based or other effec-
tive special programs provided under this sub-
part that operate during the summer and inter-
session periods; and 
‘‘(B) the additional costs of operating such 
programs; and 
‘‘(5) conduct an analysis of the options for ad-
justing the formula so as to better direct services to 
migratory children, including the most at-risk migra-
tory children. 
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‘‘(g) NONPARTICIPATING STATES.—In the case of a 
State desiring to receive an allocation under this subpart 
for a fiscal year that did not receive an allocation for the 
previous fiscal year or that has been participating for less 
than 3 consecutive years, the Secretary shall calculate the 
State’s number of identified migratory children aged 3 
through 21 for purposes of subsection (a)(1)(A) by using 
the most recent data available that identifies the migra-
tory children residing in the State until data is available 
to calculate the 3-year average number of such children 
in accordance with such subsection. 
‘‘SEC. 1134. STATE APPLICATIONS; SERVICES. 
‘‘(a) APPLICATION REQUIRED.—Any State desiring 
to receive a grant under this subpart for any fiscal year 
shall submit an application to the Secretary at such time 
and in such manner as the Secretary may require. 
‘‘(b) PROGRAM INFORMATION.—Each such applica-
tion shall include— 
‘‘(1) a description of how, in planning, imple-
menting, and evaluating programs and projects as-
sisted under this subpart, the State and its local op-
erating agencies will ensure that the unique edu-
cational needs of migratory children, including pre-
school migratory children, are identified and ad-
dressed through— 
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‘‘(A) the full range of services that are 
available for migratory children from appro-
priate local, State, and Federal educational pro-
grams; 
‘‘(B) joint planning among local, State, 
and Federal educational programs serving mi-
gratory children, including language instruction 
educational programs under chapter A of sub-
part 4; and 
‘‘(C) the integration of services available 
under this subpart with services provided by 
those other programs; 
‘‘(2) a description of the steps the State is tak-
ing to provide all migratory students with the oppor-
tunity to meet the same State academic standards 
that all children are expected to meet; 
‘‘(3) a description of how the State will use 
funds received under this subpart to promote inter-
state and intrastate coordination of services for mi-
gratory children, including how the State will pro-
vide for educational continuity through the timely 
transfer of pertinent school records, including infor-
mation on health, when children move from one 
school to another, whether or not such a move oc-
curs during the regular school year; 
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‘‘(4) a description of the State’s priorities for 
the use of funds received under this subpart, and 
how such priorities relate to the State’s assessment 
of needs for services in the State; 
‘‘(5) a description of how the State will deter-
mine the amount of any subgrants the State will 
award to local operating agencies, taking into ac-
count the numbers and needs of migratory children, 
the requirements of subsection (d), and the avail-
ability of funds from other Federal, State, and local 
programs; and 
‘‘(6) a description of how the State will encour-
age programs and projects assisted under this sub-
part to offer family literacy services if the programs 
and projects serve a substantial number of migra-
tory children whose parents do not have a regular 
high school diploma or its recognized equivalent or 
who have low levels of literacy. 
‘‘(c) ASSURANCES.—Each such application shall also 
include assurances that— 
‘‘(1) funds received under this subpart will be 
used only— 
‘‘(A) for programs and projects, including 
the acquisition of equipment, in accordance 
with section 1136; and 
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‘‘(B) to coordinate such programs and 
projects with similar programs and projects 
within the State and in other States, as well as 
with other Federal programs that can benefit 
migratory children and their families; 
‘‘(2) such programs and projects will be carried 
out in a manner consistent with the objectives of 
section 1114, subsections (b) and (d) of section 
1115, subsections (b) and (c) of section 1120A, and 
part C; 
‘‘(3) in the planning and operation of programs 
and projects at both the State and local agency op-
erating level, there is consultation with parents of 
migratory children for programs of not less than one 
school year in duration, and that all such programs 
and projects are carried out— 
‘‘(A) in a manner that provides for the 
same parental involvement as is required for 
programs and projects under section 1118, un-
less extraordinary circumstances make such 
provision impractical; and 
‘‘(B) in a format and language under-
standable to the parents; 
‘‘(4) in planning and carrying out such pro-
grams and projects, there has been, and will be, ade-
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quate provision for addressing the unmet education 
needs of preschool migratory children; 
‘‘(5) the effectiveness of such programs and 
projects will be determined, where feasible, using the 
same approaches and standards that will be used to 
assess the performance of students, schools, and 
local educational agencies under subpart 1; 
‘‘(6) to the extent feasible, such programs and 
projects will provide for— 
‘‘(A) advocacy and outreach activities for 
migratory children and their families, including 
informing such children and families of, or 
helping such children and families gain access 
to, other education, health, nutrition, and social 
services; 
‘‘(B) professional development programs, 
including mentoring, for teachers and other 
program personnel; 
‘‘(C) high-quality, evidence-based family 
literacy programs; 
‘‘(D) the integration of information tech-
nology into educational and related programs; 
and 
‘‘(E) programs to facilitate the transition 
of secondary school students to postsecondary 
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education or employment without the need for 
remediation; and 
‘‘(7) the State will assist the Secretary in deter-
mining the number of migratory children under 
paragraph (1) of section 1133(a). 
‘‘(d) PRIORITY FOR SERVICES.—In providing services 
with funds received under this subpart, each recipient of 
such funds shall give priority to migratory children who 
are failing, or most at risk of failing, to meet the State’s 
academic standards under section 1111(b)(1). 
‘‘(e) 
CONTINUATION
OF
SERVICES.—Notwith-
standing any other provision of this subpart— 
‘‘(1) a child who ceases to be a migratory child 
during a school term shall be eligible for services 
until the end of such term; 
‘‘(2) a child who is no longer a migratory child 
may continue to receive services for one additional 
school year, but only if comparable services are not 
available through other programs; and 
‘‘(3) secondary school students who were eligi-
ble for services in secondary school may continue to 
be served through credit accrual programs until 
graduation. 
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‘‘SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 
‘‘The Secretary shall approve each State application 
that meets the requirements of this subpart, and may re-
view any such application using a peer review process. 
‘‘SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND 
SERVICE-DELIVERY PLAN; AUTHORIZED AC-
TIVITIES. 
‘‘(a) COMPREHENSIVE PLAN.— 
‘‘(1) IN GENERAL.—Each State that receives 
assistance under this subpart shall ensure that the 
State and its local operating agencies identify and 
address the unique educational needs of migratory 
children in accordance with a comprehensive State 
plan that— 
‘‘(A) is integrated with other programs 
under this Act or other Acts, as appropriate; 
‘‘(B) may be submitted as a part of a con-
solidated application under section 6302, if— 
‘‘(i) the unique needs of migratory 
children are specifically addressed in the 
comprehensive State plan; 
‘‘(ii) the comprehensive State plan is 
developed in collaboration with parents of 
migratory children; and 
‘‘(iii) the comprehensive State plan is 
not used to supplant State efforts regard-
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ing, or administrative funding for, this 
subpart; 
‘‘(C) provides that migratory children will 
have an opportunity to meet the same State 
academic standards under section 1111(b)(1) 
that all children are expected to meet; 
‘‘(D) specifies measurable program goals 
and outcomes; 
‘‘(E) encompasses the full range of services 
that are available for migratory children from 
appropriate local, State, and Federal edu-
cational programs; 
‘‘(F) is the product of joint planning 
among such local, State, and Federal programs, 
including programs under subpart 1, early 
childhood programs, and language instruction 
educational programs under chapter A of sub-
part 4; and 
‘‘(G) provides for the integration of serv-
ices available under this subpart with services 
provided by such other programs. 
‘‘(2) DURATION
OF
THE
PLAN.—Each such 
comprehensive State plan shall— 
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‘‘(A) remain in effect for the duration of 
the State’s participation under this subpart; 
and 
‘‘(B) be periodically reviewed and revised 
by the State, as necessary, to reflect changes in 
the State’s strategies and programs under this 
subpart. 
‘‘(b) AUTHORIZED ACTIVITIES.— 
‘‘(1) FLEXIBILITY.—In implementing the com-
prehensive plan described in subsection (a), each 
State educational agency, where applicable through 
its local educational agencies, retains the flexibility 
to determine the activities to be provided with funds 
made available under this subpart, except that such 
funds first shall be used to meet the identified needs 
of migratory children that result from their migra-
tory lifestyle, and to permit these children to partici-
pate effectively in school. 
‘‘(2) UNADDRESSED NEEDS.—Funds provided 
under this subpart shall be used to address the 
needs of migratory children that are not addressed 
by services available from other Federal or non-Fed-
eral programs, except that migratory children who 
are eligible to receive services under subpart 1 may 
receive those services through funds provided under 
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that subpart, or through funds under this subpart 
that remain after the agency addresses the needs de-
scribed in paragraph (1). 
‘‘(3) CONSTRUCTION.—Nothing in this subpart 
shall be construed to prohibit a local educational 
agency from serving migratory children simulta-
neously with students with similar educational needs 
in the same educational settings, where appropriate. 
‘‘SEC. 1137. BYPASS. 
‘‘The Secretary may use all or part of any State’s 
allocation under this subpart to make arrangements with 
any public or private agency to carry out the purpose of 
this subpart in such State if the Secretary determines 
that— 
‘‘(1) the State is unable or unwilling to conduct 
educational programs for migratory children; 
‘‘(2) such arrangements would result in more 
efficient and economic administration of such pro-
grams; or 
‘‘(3) such arrangements would add substantially 
to the educational achievement of such children. 
‘‘SEC. 1138. COORDINATION OF MIGRATORY EDUCATION 
ACTIVITIES. 
‘‘(a) IMPROVEMENT OF COORDINATION.— 
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‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the States, may make grants to, or enter 
into contracts with, State educational agencies, local 
educational agencies, institutions of higher edu-
cation, and other public and private entities to im-
prove the interstate and intrastate coordination 
among such agencies’ educational programs, includ-
ing through the establishment or improvement of 
programs for credit accrual and exchange, available 
to migratory students. 
‘‘(2) DURATION.—Grants or contracts under 
this subsection may be awarded for not more than 
5 years. 
‘‘(b) STUDENT RECORDS.— 
‘‘(1) ASSISTANCE.—The Secretary shall assist 
States in developing and maintaining an effective 
system for the electronic transfer of student records 
and in determining the number of migratory chil-
dren in each State. 
‘‘(2) INFORMATION SYSTEM.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the States, shall ensure the link-
age of migratory student record systems for the 
purpose of electronically exchanging, among the 
States, health and educational information re-
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garding all migratory students. The Secretary 
shall ensure such linkage occurs in a cost-effec-
tive manner, utilizing systems used by the 
States prior to, or developed after, the date of 
the enactment of this Act. The Secretary shall 
determine the minimum data elements that 
each State receiving funds under this subpart 
shall collect and maintain. Such minimum data 
elements may include— 
‘‘(i) immunization records and other 
health information; 
‘‘(ii) elementary and secondary aca-
demic history (including partial credit), 
credit accrual, and results from State as-
sessments 
required 
under 
section 
1111(b)(2); 
‘‘(iii) other academic information es-
sential to ensuring that migratory children 
achieve to the States’s academic standards; 
and 
‘‘(iv) eligibility for services under the 
Individuals with Disabilities Education 
Act. 
‘‘(B) The Secretary shall consult with 
States before updating the data elements that 
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each State receiving funds under this subpart 
shall be required to collect for purposes of elec-
tronic transfer of migratory student information 
and the requirements that States shall meet for 
immediate electronic access to such information. 
‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A 
State educational agency or local educational agency 
receiving assistance under this subpart shall make 
student records available to another State edu-
cational agency or local educational agency that re-
quests the records at no cost to the requesting agen-
cy, if the request is made in order to meet the needs 
of a migratory child. 
‘‘(4) REPORT TO CONGRESS.— 
‘‘(A) IN GENERAL.—Not later than April 
30, 2016, the Secretary shall report to the 
Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on 
Education and the Workforce of the House of 
Representatives the Secretary’s findings and 
recommendations regarding the maintenance 
and transfer of health and educational informa-
tion for migratory students by the States. 
‘‘(B) REQUIRED
CONTENTS.—The Sec-
retary shall include in such report— 
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‘‘(i) a review of the progress of States 
in developing and linking electronic records 
transfer systems; 
‘‘(ii) recommendations for maintaining 
such systems; and 
‘‘(iii) recommendations for improving 
the continuity of services provided for mi-
gratory students. 
‘‘(c) AVAILABILITY OF FUNDS.—The Secretary shall 
reserve not more than $10,000,000 of the amount re-
served under section 1132 to carry out this section for 
each fiscal year. 
‘‘(d) DATA COLLECTION.—The Secretary shall direct 
the National Center for Education Statistics to collect 
data on migratory children. 
‘‘SEC. 1139. DEFINITIONS. 
‘‘As used in this subpart: 
‘‘(1) LOCAL
OPERATING
AGENCY.—The term 
‘local operating agency’ means— 
‘‘(A) a local educational agency to which a 
State educational agency makes a subgrant 
under this subpart; 
‘‘(B) a public or private agency with which 
a State educational agency or the Secretary 
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makes an arrangement to carry out a project 
under this subpart; or 
‘‘(C) a State educational agency, if the 
State educational agency operates the State’s 
migratory education program or projects di-
rectly. 
‘‘(2) MIGRATORY CHILD.—The term ‘migratory 
child’ means a child who is, or whose parent or 
spouse is, a migratory agricultural worker, including 
a migratory dairy worker, or a migratory fisher, and 
who, in the preceding 36 months, in order to obtain, 
or accompany such parent or spouse, in order to ob-
tain, temporary or seasonal employment in agricul-
tural or fishing work— 
‘‘(A) has moved from one school district to 
another; 
‘‘(B) in a State that is comprised of a sin-
gle school district, has moved from one adminis-
trative area to another within such district; or 
‘‘(C) resides in a school district of more 
than 15,000 square miles, and migrates a dis-
tance of 20 miles or more to a temporary resi-
dence to engage in a fishing activity. 
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‘‘Subpart 3—Prevention and Intervention Programs 
for Children and Youth Who Are Neglected, De-
linquent, or At-Risk 
‘‘SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION. 
‘‘(a) PURPOSE.—It is the purpose of this subpart— 
‘‘(1) to improve educational services for chil-
dren and youth in local and State institutions for 
neglected or delinquent children and youth so that 
such children and youth have the opportunity to 
meet the same State academic standards that all 
children in the State are expected to meet; 
‘‘(2) to provide such children and youth with 
the services needed to make a successful transition 
from institutionalization to further schooling or em-
ployment; and 
‘‘(3) to prevent at-risk youth from dropping out 
of school, and to provide dropouts, and children and 
youth returning from correctional facilities or insti-
tutions for neglected or delinquent children and 
youth, with a support system to ensure their contin-
ued education. 
‘‘(b) PROGRAM AUTHORIZED.—From amounts ap-
propriated under section 3(a)(1), the Secretary shall re-
serve 0.31 of one percent to carry out this subpart. 
‘‘(c) GRANTS AWARDED.—From the amounts re-
served under subsection (b) and not reserved under section 
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1004 and section 1159, the Secretary shall make grants 
to State educational agencies that have plans submitted 
under section 1154 approved to enable such agencies to 
award subgrants to State agencies and local educational 
agencies to establish or improve programs of education for 
neglected, delinquent, or at-risk children and youth. 
‘‘SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUB-
PART. 
‘‘(a) AGENCY SUBGRANTS.—Based on the allocation 
amount computed under section 1152, the Secretary shall 
allocate to each State educational agency an amount nec-
essary to make subgrants to State agencies under chapter 
A. 
‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, 
for the purpose of carrying out chapter B, funds generated 
throughout the State under subpart 1 of this part based 
on children and youth residing in local correctional facili-
ties, or attending community day programs for delinquent 
children and youth. 
‘‘CHAPTER A—STATE AGENCY PROGRAMS 
‘‘SEC. 1151. ELIGIBILITY. 
‘‘A State agency is eligible for assistance under this 
chapter if such State agency is responsible for providing 
free public education for children and youth— 
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‘‘(1) in institutions for neglected or delinquent 
children and youth; 
‘‘(2) attending community day programs for ne-
glected or delinquent children and youth; or 
‘‘(3) in adult correctional institutions. 
‘‘SEC. 1152. ALLOCATION OF FUNDS. 
‘‘(a) SUBGRANTS TO STATE AGENCIES.— 
‘‘(1) IN
GENERAL.—Each State agency de-
scribed in section 1151 (other than an agency in the 
Commonwealth of Puerto Rico) is eligible to receive 
a subgrant under this chapter, for each fiscal year, 
in an amount equal to the product of— 
‘‘(A) the number of neglected or delinquent 
children and youth described in section 1151 
who— 
‘‘(i) are enrolled for at least 15 hours 
per week in education programs in adult 
correctional institutions; and 
‘‘(ii) are enrolled for at least 20 hours 
per week— 
‘‘(I) in education programs in in-
stitutions for neglected or delinquent 
children and youth; or 
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‘‘(II) in community day programs 
for neglected or delinquent children 
and youth; and 
‘‘(B) 40 percent of the average per-pupil 
expenditure in the State, except that the 
amount determined under this subparagraph 
shall not be less than 32 percent, nor more 
than 48 percent, of the average per-pupil ex-
penditure in the United States. 
‘‘(2) SPECIAL RULE.—The number of neglected 
or delinquent children and youth determined under 
paragraph (1) shall— 
‘‘(A) be determined by the State agency by 
a deadline set by the Secretary, except that no 
State agency shall be required to determine the 
number of such children and youth on a specific 
date set by the Secretary; and 
‘‘(B) be adjusted, as the Secretary deter-
mines is appropriate, to reflect the relative 
length of such agency’s annual programs. 
‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO 
RICO.— 
‘‘(1) IN GENERAL.—For each fiscal year, the 
amount of the subgrant which a State agency in the 
Commonwealth of Puerto Rico shall be eligible to re-
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‘‘(13) provides an assurance that the State 
agency will work with children and youth with dis-
abilities in order to meet an existing individualized 
education program and an assurance that the agen-
cy will notify the child’s or youth’s local school if the 
child or youth— 
‘‘(A) is identified as in need of special edu-
cation services while the child or youth is in the 
correctional facility or institution for neglected 
or delinquent children and youth; and 
‘‘(B) intends to return to the local school; 
‘‘(14) provides an assurance that the State 
agency will work with children and youth who 
dropped out of school before entering the correc-
tional facility or institution for neglected or delin-
quent children and youth to encourage the children 
and youth to reenter school and obtain a regular 
high school diploma once the term of the incarcer-
ation is completed, or provide the child or youth with 
the skills necessary to gain employment, continue 
the education of the child or youth, or obtain a reg-
ular high school diploma or its recognized equivalent 
if the child or youth does not intend to return to 
school; 
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